Section 3838 - Authority of Executive Director, Executive Officers, and Regional Boards(a) The executive director, or his/her designee, is authorized to take all actions connected with applications for certification, including issuance and denial of certification.(b) An executive officer is authorized to receive applications for water quality certification and to take water quality certification action on activities associated with such applications within the executive officer's region of jurisdiction, except as otherwise provided in Subsection 3855(b) of this Chapter.(c) A regional board, at its discretion, may take any action its executive officer is authorized to take under Subsection (b) of this Section. If a regional board directs that a water quality certification action will be taken by that regional board, but an extension of the federal period for certification cannot be obtained, and the federal period for certification will expire before the regional board can take an action, the executive officer shall deny without prejudice certification for any discharge resulting from the proposed activity before the period allowed for certification expires, unless the applicant in writing withdraws the request for certification. Such denial shall be in effect only until the regional board takes an action on the request for certification. The applicant shall not be required to submit a new application or supply an additional fee before the regional board takes an action, unless the project changes significantly in scope or potential for adverse impact and further technical review is necessary.Cal. Code Regs. Tit. 23, § 3838
1. Amendment of section heading, section and NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21). Note: Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 1059 and 13160, Water Code; and Sections 44533 and 44539, Health and Safety Code.
1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).