3.12.090 Review of a Facility or Activity That Requires a Separate Operating License or Permit

(a) Review of a facility or activity that requires a separate operating license or permit. If the WRP received notice of a federal license or permit-or renewal of a federal license or permit-required for the operation of a facility or activity that has received a Water Quality Certification with respect to the construction, the WRP shall review such notice and request any information needed to determine whether the operation of the facility or activity under the license or permit will comply with the WQS. Within the time allotted by the relevant federal regulation, and after reviewing relevant information, the WRP shall make a recommendation to the Director regarding whether or not there is reasonable assurance that there will be compliance with the WQS because of changes since the construction license or permit certification was issued regarding:

(1) the construction or operation of the facility or activity;

(2) the characteristics of the waters into which such discharge is made;

(3) the water quality criteria applicable to such waters; or

(4) applicable effluent limitations or other requirements.

Within the time allotted by the relevant federal regulation, the Director shall notify that agency if he or she determines that there is no longer reasonable assurance that there will be compliance with the WQS.