When does IDEM deny Section 401 Water Quality Certification?
IDEM may deny Section 401 WQC if an application is incomplete, if an impact can be avoided or is deemed unnecessary, or if an applicant’s proposed compensatory mitigation will not offset adverse impacts to water quality. An IDEM Non Rule Policy Document, Reasons for Denial, was put into effect on April 13, 2007. A person may not proceed with their project until he or she has received a Section 401 Water Quality Certification (or other authorization) from IDEM.
