401 Water Quality Certification and Waste Discharge Requirements
Clean Water Act section 401 Water Quality Certifications: are issued to applicants for a federal license or permit for activities that may result in a discharge into waters of the United States (U.S.), including but not limited to the discharge or dredged or fill material.
Waste Discharge Requirements (WDRs): discharges of dredged or fill materials to waters of the State may require WDRs under the California Porter-Cologne Water Quality Control Plan.
- Construction of, or development projects which include: Residential & Commercial Developments, Dams, Levees, Drop Structures, Debris Basins, Under-grounding, Intake/Outfall Structures, Pilings, Piers.
- Streambank, Shoreline and Habitat Modifications: Beach Maintenance or Renourishment, streambank Erosion Control, Stabilization; Dredging, Mining, Aquatic Plant Control, Fish or Wildlife Habitat Restoration, Wetlands Restoration.
- Crossings: Bridges, Culverts, Dams, and Utility Crossings
State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State
On April 2, 2019, the State Water Board adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (commonly referred to as the “Procedures”). The Procedures became effective on May 28, 2020. The Procedures regulate projects that discharge fill or dredge materials from waters of the State, including waters of the U.S.
Applying for an Individual Clean Water Act Section 401 Water Quality Certification and/or Waste Discharge Requirements for Discharges of Dredged or Fill Material to Waters of the State
- Request a pre-filing meeting: A pre-filing meeting request is required for all individual 401 Water Quality Certification applicants at least 30 days prior to submitting an Application pursuant to the CWA Section 401 Certification Rule (effective November 27, 2023). For more information regarding the CWA Section 401 Certification Rule visit: CWA Section 401 Regulatory Requirements | US EPA
- To submit a request for a pre-filing meeting please email: RB8-401application@Waterboards.ca.gov
- Submit an Application: for a 401 Water Quality Certification and/or Waste Discharge Requirements
- Application for Water Quality Certification and/or Waste Discharge Requirements (MS Word)
- Application for Water Quality Certification and/or Waste Discharge Requirements (PDF)
- Checklist for Contents of a Complete Dredge or Fill Application (optional)
- Submit electronic Applications and applicable documents to: RB8-401application@Waterboards.ca.gov
- To send a file larger than 20 MB to the staff of Santa Ana Regional Board, please follow the steps below:
- Email webmaster8@waterboards.ca.gov to request credentials. Provide your name and reason for the request.
- When you receive the user name and password, login to theWater Boards FTP site
- Follow the FTP Instructionsto upload the file(s).
- In order to ensure proper routing, send an email to webmaster8@waterboards.ca.gov and provide the file name that you just uploaded and the recipient's name.
- For information on about coverage under existing General Order please see: General Orders and follow the specific Notice of Intent (NOI) instructions. NOIs that require submittal to the Santa Ana Regional Board can be submitted to: RB8-401application@Waterboards.ca.gov
- Submitting an Application Fee:
- Dredge and Fill Fee Calculator
- Make an online payment; Submit a pdf receipt of the electronic payment with reference to the project name
- Pay fees via check made payable to State Water Resources Control Board and delivered to:
Santa Ana Regional Water Resources Control Board
Attn: 401 Certification Unit
3737 Main Street, Suite 500 Riverside, CA 92501
(Please include project name and/or file no. on the check)
- Dredge and Fill Fee Calculator
- CWA Section 401 Frequently Asked Questions "FAQs"
- Water Quality Certification Fees Frequently Asked Questions
- Informational Flowchart: Is an alternatives analysis required for your project under the new Dredge or Fill Procedures?
- Required cover sheet for Annual Project Reporting, Project Status Notifications, and Conditional Notifications and Report
- Habitat Mitigation and Monitoring Proposal Guidelines - A guide to preparing your mitigation and monitoring plan for submittal with your 404/401 application
Contacts
For General Inquires, to Submit an Application, or Request a Pre-Filing Meeting contact:
To Submit Annual Project Reports, Project Status Notifications, and Conditional Notifications and Reports contact:
