3745-32-02 Applicability.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-32-01 of the Administrative Code.]

(A) Any applicant for a federal license or permit to conduct any activity which may result in a discharge of dredged or fill material to a water of the state shall apply for and obtain a 401 certification from Ohio EPA.

(B) No person shall engage in an activity requiring a 401 certification prior to obtaining that certification from Ohio EPA.

(C) No 401 certification issued pursuant to this chapter shall be effective until all applicable fees have been paid.

(D) Exemptions. No 401 certification need be obtained for the following:

(1) The discharge of dredged or fill material that is part of the construction of a federal project specifically authorized by congress, provided the effects of such discharge are included in an environmental impact statement submitted to congress prior to the actual discharge.

(2) The discharge of dredged or fill material for any activity that is not prohibited by or otherwise subject to regulation under Section 404 of the act as specifically set forth in 33 C.F.R. 323.4 provided that no other federal license or permit is required.

Replaces: 3745-32-02, 3745-32-03

Effective: 1/2/2017
Five Year Review (FYR) Dates: 01/02/2022
Promulgated Under: 119.03
Statutory Authority: 6111.03
Rule Amplifies: 6111.03
Prior Effective Dates: 9/15/1982, 4/17/01 (Emer)