774 



to insure compliance with applicable water quality 

 requirements. If the imposition of conditions cannot 

 insure such compliance such agency shall not issue 

 such license or permit. 



(3) The certification obtained pursuant to para- 

 graph (1) of this subsection with respect to the con- 

 struction of any facility shall fulfill the requirements 

 of this subsection with respect to certification in 

 cormection with any other Federal license or permit 

 required for the operation of such facility unless, 

 after notice to the certifying State, agency, or Ad- 

 ministrator, as the case may be, which shall be given 

 by the Federal agency to whom application is made 

 for such operating license or permit, the State, or if 

 appropriate, the interstate agency or the Admin- 

 istrator, notifies such agency within sixty days after 

 receipt of such notice that there is no longer reason- 

 able assurance that there will be compliance with the 

 applicable provisions of sections 1311, 1312, 1316, and 

 1317 of this title because of changes since the con- 

 struction license or permit certification was issued 

 in (A) the construction or operation of the facility, 

 (B) the characteristics of the waters into which such 

 discharge is made, (C) the water quality criteria 

 applicable to such waters or (D) applicable effluent 

 limitations or other requirements. This paragraph 

 shall be inapplicable in any case where the applicant 

 for such operating license or permit has failed to 

 provide the certifying State, or, if appropriate, the 

 interstate agency or the Administrator, with notice 

 of any proposed changes in the construction or op- 

 eration of the facility with respect to which a con- 

 struction license or permit has been granted, which 

 changes may result in violation of section 1311, 1312, 

 1316,or 1317 of this title. 



(4) Prior to the initial operation of any federally 

 licensed or permitted facility or activity which may 

 result in any discharge into the navigable waters 

 and with respect to which a certification has been 

 obtained pursuant to paragraph (1) of this subsec- 

 tion, which facility or activity is not subject to a 

 Federal operating license or permit, the licensee or 

 permittee shall provide an opportunity for such cer- 

 tifying State, or, if appropriate, the interstate agency 

 or the Administrator to review the manner in which 

 the facility or activity shall be operated or conducted 

 for the purposes of assuring that applicable effluent 

 limitations or other limitations or other applicable 

 water quality requirements will not be violated. Upon 

 notification by the certifying State, or if appropri- 

 ate, the interstate agency or the Administrator that 

 the operation of any such federally licensed or per- 

 mitted facility or activity will violate applicable 

 effluent limitations or other limitations or other 

 water quality requirements such Federal agency may, 

 after public hearing, suspend such license or permit. 

 If such license or permit is suspended, it shall remain 

 suspended until notification is received from the 

 certifying State, agency, or Administrator, as the 

 case may be, that there is reasonable assurance that 

 such facility or activity will not violate the appli- 

 cable provisions of section 1311, 1312, 1316, or 1317 of 

 this title. 



(5) Any Federal license or permit with respect to 

 which a certification has been obtained under para- 



graph (1) of this subsection may be suspended or 

 revoked by the Federal agency issuing such license 

 or permit upon the entering of a judgment imder 

 this chapter that such facility or activity has been 

 operated in violation of the applicable provisions of 

 section 1311, 1312, 1316, or 1317 of this title. 



(6) No Federal agency shall be deemed to be an 

 applicant for the purposes of this subsection. 



(7) Except with respect to a permit issued under 

 section 1342 of this title, in any case where actual 

 construction of a facility has been lawfully com- 

 menced prior to April 3, 1970, no certification shall 

 be required under this subsection for a license or 

 permit issued after April 3. 1970, to operate such 

 facility, except that any such license or permit issued 

 without certification shall terminate April 3, 1973, 

 unless prior to such termination date the person 

 having such license or permit submits to the Federal 

 agency which issued such license or permit a certifi- 

 cation and otherwise meets the requirements of this 

 section. 



(b) Compliance with other provisions of law setting 

 applicable water quality requirements. 



Nothing in this section shall be construed to limit 

 the authority of any department or agency pursuant 

 to any other provision of law to require compliance 

 with any applicable water quality requirements. The 

 Administrator shall, upon the request of any Federal 

 department or agency, or State or interstate agency, 

 or applicant, provide, for the purpose of this section, 

 any relevant information on applicable effluent limi- 

 tations, or other limitations, standards, regulations, 

 or requirements, or water quality criteria, and shall, 

 when requested by any such department or agency 

 or State or interstate agency, or applicant, comment 

 on any methods to comply with such limitations, 

 standards, regulations, requirements, or criteria. 



(c) Authority of Secretary of the Army to permit use 

 of spoil disposal areas by Federal licensees or 

 permittees. 



In order to implement the provisions of this sec- 

 tion, the Secretary of the Army, acting through the 

 Chief of Engineers, is authorized, if he deems it to 

 be in the public interest, to permit the use of spoil 

 disposal areas imder his jurisdiction by Federal 

 licensees or permittees, and to make an appropriate 

 charge for such use. Moneys received from such 

 licensees or permittees shall be deposited in the 

 Treasury as miscellaneous receipts. 



(d) Limitations and monitoring requirements of cer- 

 tification. 



Any certification provided under this section shall 

 set forth any effluent limitations and other limita- 

 tions, and monitoring requirements necessary to 

 assure that any applicant for a Federal license or 

 permit will comply with any applicable effluent limi- 

 tations and other limitations, under section 1311 

 or 1312 of this title, standard of performance under 

 section 1316 of this title, or prohibition, effluent 

 standard, or pretreatment standard imder section 

 1317 of this title, and with any other appropriate 

 requirement of State law set forth in such certifi- 

 cation, and shall become a condition on any Federal 

 license or permit subject to the provisions of this 

 section. (June 30, 1948, ch. 758, title IV, § 401, as 

 added Oct. 18, 1972, Pub. L 92-500, § 2, 86 Stat. 877.) 



