Clean Water Act Section 401

Referred to as “state water quality certification”, section 401 of the Clean Water Act is a state-administered program related to the federally-administered section 404 program.  Under section 401 certification no placement of fill material can occur under a section 404 permit unless the state certifies that the placement of that fill material will not result in a violation of applicable state water quality standards.  In order to construct valley fills or coal refuse structures, the coal industry must obtain section 401 certification after the Corps has issued a section 404 permit.