Clean Water Act
CLEAN WATER ACT
1. Overview: a. Congress’s Overall Objective with the Federal Water Pollution Control Act (later CWA): (§101): “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”
National Goals: i. To completely eliminate the discharge of pollutants into the navigable waters by 1985. 1. Not going to happen without stronger standards ii. Interim goal (101(a)(2): to make the water quality such that it's fishable/swimmable by 1983 a. The NPDES program: The main mechanism used to attempt reach these goals and the broad objective: “restoring, maintaining the chemical, physical, biological integrity of Nation’s Waters” b. Most powerful phrase: §301(a) Illegality of Pollutant discharges except in compliance with law Except as in compliance with §§301, 302, 206, 307, 402, and 404 of this title, the discharge of any pollutant by any person shall be unlawful.
2. CWA ISSUES c. What is a pollutant d. What is a point source? iii. Need to know provision e. Is it a navigable water of the US f. Relationship between state and federal government iv. State can be applying for permit and federal government can veto v. Authorization Oversight 2. You have a system where fed is responsible for authorizing state programs 3. State CWA programs are approved by EPA – there is a process where regional offices initially reviews the application 4. States must apply to have program approved. The application includes features proving they have money to run program, authority to run, staff to run program, infrastructure to house program. Comprehensive application to prove they have ability to do day to day maintenance. 5. When a state does not have an approval program b. To get permit, individual permit requests will go directly to EPA
1. Overview: a. Congress’s Overall Objective with the Federal Water Pollution Control Act (later CWA): (§101): “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”
National Goals: i. To completely eliminate the discharge of pollutants into the navigable waters by 1985. 1. Not going to happen without stronger standards ii. Interim goal (101(a)(2): to make the water quality such that it's fishable/swimmable by 1983 a. The NPDES program: The main mechanism used to attempt reach these goals and the broad objective: “restoring, maintaining the chemical, physical, biological integrity of Nation’s Waters” b. Most powerful phrase: §301(a) Illegality of Pollutant discharges except in compliance with law Except as in compliance with §§301, 302, 206, 307, 402, and 404 of this title, the discharge of any pollutant by any person shall be unlawful.
2. CWA ISSUES c. What is a pollutant d. What is a point source? iii. Need to know provision e. Is it a navigable water of the US f. Relationship between state and federal government iv. State can be applying for permit and federal government can veto v. Authorization Oversight 2. You have a system where fed is responsible for authorizing state programs 3. State CWA programs are approved by EPA – there is a process where regional offices initially reviews the application 4. States must apply to have program approved. The application includes features proving they have money to run program, authority to run, staff to run program, infrastructure to house program. Comprehensive application to prove they have ability to do day to day maintenance. 5. When a state does not have an approval program b. To get permit, individual permit requests will go directly to EPA