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Region
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Total Active Regulated Projects
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New Projects Regulated in FY
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Inspections in FY
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Enforcement Actions in FY
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WHAT THE MEASURE IS SHOWING
WHY THIS MEASURE IS IMPORTANT
The State and Regional Water Boards regulate discharges of dredge and fill, which may impact water quality, with a variety of regulatory tools. Projects that involve the removal or placement of soil, sediment, and other materials in or near waters of the U.S. require permits from the Army Corps of Engineers under Clean Water Act (CWA) Section 404. Such discharges may result from navigational dredging, flood control channelization, levee construction, channel clearing, fill of wetlands for development, or other activities. Under CWA Section 401, applicants for such projects must also obtain water quality certification from a Water Board that the proposed activity will comply with State water quality standards. Independent of a 401 certification, the Water Boards may use other regulatory tools, such as Waste Discharge Requirements (WDRs) or waiver to WDRs, for dredge and fill discharges under their California Water Code authority. Inspections are the primary tool used in this program to assess compliance with certification or other permit requirements. Enforcement plays a significant role in the Water Boards' strategies to protect water quality and represents a significant amount of work for both the State and Regional Boards.
TECHNICAL CONSIDERATIONS
- Data Source: CIWQS. Period: July 1, 2014-June 30, 2015.
- Unit of Measure: Number of active dredge and fill discharge projects; number of new projects regulated during FY; number of inspections conducted; and number of enforcement actions issued during FY.
- Data Definitions: Active Regulated Projects: All projects for which dredge or fill activities are being regulated by the Water Boards (dredge and fill regulations are effective for five years) the number includes the new projects regulated in FY. New Projects Regulated: Dredge and fill projects initiated and regulated by the Water Boards in FY. Inspections: Inspections conducted by State and Regional Water Board staff. Enforcement action: Includes a variety of enforcement tools, including informal and formal actions, in response to violations of regulatory requirements.
- References:
GLOSSARY
- Dredge and fill regulated projects
- Dredge and fill discharges occur when bottom materials (such as sediment, sand, or gravel) in mostly shallow surface waters are excavated, moved, and deposited in a wetland or other surface water. Projects may be regulated with a 401 Certification and by issuing waste discharge requirements.
Section 401 Water Quality Certification- Section 401 of the Clean Water Act requires that any person applying for a federal permit or license, which may result in a discharge of pollutants into waters of the United States, must obtain a state water quality certification that the activity complies with all applicable water quality standards, limitations, and restrictions. No license or permit may be issued by a federal agency until certification required by section 401 has been granted. Further, no license or permit may be issued if certification has been denied. The following permits or licenses are subject to section 401 of the Clean Water Act:
- Clean Water Act section 404 permits and authorizations;
- Permits issued under sections 9 and 10 of the Rivers and Harbors act;
- Licenses for hydroelectric power plants issued by the Federal Energy Regulatory Commission under the Federal Power Act; and
Licenses issued by the Nuclear Regulatory Commission.
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