Clean Water Act (1977) et seq.

Clean Water Act (1977) Clean Water Act (1977) et seq.et seq.

33 U.S.C. §1251 et seq. 33 U.S.C. §1251 et seq. (1977)(1977)

TITLE 33 - NAVIGATION AND TITLE 33 - NAVIGATION AND NAVIGABLE WATERS NAVIGABLE WATERS

CHAPTER 26 - WATER CHAPTER 26 - WATER POLLUTION POLLUTION

PREVENTION AND CONTROL PREVENTION AND CONTROL

August 2002 Environmental Law 3

CRS BackgroundCRS Background

• http://www.cnie.org/NLE/CRSrephttp://www.cnie.org/NLE/CRSreports/briefingbooks/laws/e.cfmorts/briefingbooks/laws/e.cfm Background on the Clean Water Background on the Clean Water Act and overview.Act and overview.

http://www.cnie.org/NLE/CRSreports/briefingbooks/laws/e.cfm

http://www.cnie.org/NLE/CRSreports/briefingbooks/laws/e.cfm


WATER POLLUTION WATER POLLUTION PREVENTION AND CONTROL PREVENTION AND CONTROL • SUBCHAPTER I RESEARCH AND RELATED SUBCHAPTER I RESEARCH AND RELATED

PROGRAMS PROGRAMS • SUBCHAPTER II GRANTS FOR SUBCHAPTER II GRANTS FOR

CONSTRUCTION OF TREATMENT WORKS CONSTRUCTION OF TREATMENT WORKS • SUBCHAPTER III STANDARDS AND SUBCHAPTER III STANDARDS AND

ENFORCEMENT ENFORCEMENT • SUBCHAPTER IV PERMITS AND LICENSES SUBCHAPTER IV PERMITS AND LICENSES • SUBCHAPTER V GENERAL PROVISIONS SUBCHAPTER V GENERAL PROVISIONS • SUBCHAPTER VI STATE WATER POLLUTION SUBCHAPTER VI STATE WATER POLLUTION

CONTROL REVOLVING FUNDSCONTROL REVOLVING FUNDS


SUBCHAPTER I RESEARCH AND SUBCHAPTER I RESEARCH AND RELATED PROGRAMS RELATED PROGRAMS

• Contains grant provisions for:Contains grant provisions for:– StudiesStudies– TrainingTraining– Specific Locations, e.g., Chesapeake Bay, Specific Locations, e.g., Chesapeake Bay,

Great LakesGreat Lakes– Mine water demonstration GrantsMine water demonstration Grants– Reservoir projectsReservoir projects– Combined storm sewer overflowsCombined storm sewer overflows– Alaska village demonstration projects Alaska village demonstration projects – etcetc..


SUBCHAPTER II - GRANTS FOR SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT CONSTRUCTION OF TREATMENT

WORKSWORKS • best practicable waste treatment best practicable waste treatment

technology technology • To the extent practicable, waste To the extent practicable, waste

treatment management shall be on treatment management shall be on an area wide basis and provide an area wide basis and provide control or treatment of all point and control or treatment of all point and nonpoint sources of pollution, nonpoint sources of pollution, including in place or accumulated including in place or accumulated pollution sources.pollution sources.



WORKS WORKS (Cont.)(Cont.)• Construction grants for Publicly Construction grants for Publicly

Owned Treatment Works (POTW) Owned Treatment Works (POTW) • Limits grants to secondary or Limits grants to secondary or

more stringent treatment only more stringent treatment only after October 1, 1984after October 1, 1984

• Limited provisions for privately Limited provisions for privately owned treatment where public owned treatment where public treatment is unavailabletreatment is unavailable



WORKS WORKS (Cont.)(Cont.)• Allows for governors to receive grants for Allows for governors to receive grants for

water quality problems due to the impacts water quality problems due to the impacts of discharges from combined storm water of discharges from combined storm water and sanitary sewer overflows after and sanitary sewer overflows after October 1, 1984October 1, 1984

• After fiscal year 1983, $200,000,000/yr After fiscal year 1983, $200,000,000/yr for grants to address water quality for grants to address water quality problems of marine bays and estuaries problems of marine bays and estuaries subject to lower levels of water quality subject to lower levels of water quality due to the impacts of discharges from due to the impacts of discharges from combined storm water and sanitary sewer combined storm water and sanitary sewer overflows from adjacent urban complexes overflows from adjacent urban complexes


SUBCHAPTER III - STANDARDS SUBCHAPTER III - STANDARDS AND ENFORCEMENT AND ENFORCEMENT

• Sec. 1311.Sec. 1311. Effluent limitations Effluent limitations • Sec. 1312.Sec. 1312. Water quality related effluent limitations Water quality related effluent limitations • Sec. 1313.Sec. 1313. Water quality standards and Water quality standards and

implementation plans implementation plans • Sec. 1313a.Sec. 1313a. Revised water quality standards Revised water quality standards • Sec. 1314.Sec. 1314. Information and guidelines Information and guidelines • Sec. 1315.Sec. 1315. State reports on water quality State reports on water quality • Sec. 1316.Sec. 1316. National standards of performance National standards of performance • Sec. 1317.Sec. 1317. Toxic and pretreatment effluent Toxic and pretreatment effluent

standards standards • Sec. 1318.Sec. 1318. Records and reports; inspections Records and reports; inspections • Sec. 1319.Sec. 1319. Enforcement Enforcement

http://www4.law.cornell.edu/uscode/33/1311.html



http://www4.law.cornell.edu/uscode/33/1313a.html








SUBCHAPTER III - STANDARDS SUBCHAPTER III - STANDARDS AND ENFORCEMENTAND ENFORCEMENT

• Sec. 1320.Sec. 1320. International pollution abatement International pollution abatement • Sec. 1321.Sec. 1321. Oil and hazardous substance liability Oil and hazardous substance liability • Sec. 1322.Sec. 1322. Marine sanitation devices Marine sanitation devices • Sec. 1323.Sec. 1323. Federal facilities pollution control Federal facilities pollution control • Sec. 1324.Sec. 1324. Clean lakes Clean lakes • Sec. 1325.Sec. 1325. National Study Commission National Study Commission • Sec. 1326.Sec. 1326. Thermal discharges Thermal discharges • Sec. 1327.Sec. 1327. Omitted Omitted • Sec. 1328. Aquaculture Sec. 1328. Aquaculture • Sec. 1329. Nonpoint source management programs Sec. 1329. Nonpoint source management programs • Sec. 1330. National estuary programSec. 1330. National estuary program










SUBCHAPTER IVSUBCHAPTER IV PERMITS PERMITS AND LICENSES AND LICENSES

• Sec. 1341.Sec. 1341. Certification Certification • Sec. 1342.Sec. 1342. National pollutant discharge National pollutant discharge

elimination system elimination system • Sec. 1343.Sec. 1343. Ocean discharge criteria Ocean discharge criteria • Sec. 1344.Sec. 1344. Permits for dredged or fill Permits for dredged or fill

material material • Sec. 1345.Sec. 1345. Disposal or use of sewage Disposal or use of sewage

sludge sludge • Sec. 1346.Sec. 1346. Coastal recreation water Coastal recreation water

quality monitoring and notificationquality monitoring and notification

http://www4.law.cornell.edu/uscode/33/ch26schIV.html








SUBCHAPTER VSUBCHAPTER V GENERAL GENERAL PROVISIONS PROVISIONS

• Sec. 1361.Sec. 1361. Administration Administration • Sec. 1362.Sec. 1362. Definitions Definitions • Sec. 1363.Sec. 1363. Water Pollution Control Advisory Board Water Pollution Control Advisory Board • Sec. 1364.Sec. 1364. Emergency powers Emergency powers • Sec. 1365.Sec. 1365. Citizen suits Citizen suits • Sec. 1366.Sec. 1366. Appearance Appearance • Sec. 1367.Sec. 1367. Employee protection Employee protection • Sec. 1368.Sec. 1368. Federal procurement Federal procurement • Sec. 1369.Sec. 1369. Administrative procedure and judicial Administrative procedure and judicial

reviewreview• Sec. 1370.Sec. 1370. State authority State authority • Sec. 1371.Sec. 1371. Authority under other laws and regulations Authority under other laws and regulations

http://www4.law.cornell.edu/uscode/33/ch26schV.html













SUBCHAPTER V GENERAL SUBCHAPTER V GENERAL PROVISIONSPROVISIONS

• Sec. 1372. Labor standards Sec. 1372. Labor standards • Sec. 1373. Public health agency coordination Sec. 1373. Public health agency coordination • Sec. 1374. Effluent Standards and Water Sec. 1374. Effluent Standards and Water

Quality Information Advisory Committee Quality Information Advisory Committee • Sec. 1375. Reports to Congress; detailed Sec. 1375. Reports to Congress; detailed

estimates and comprehensive study on costs; estimates and comprehensive study on costs; State estimates State estimates

• Sec. 1375a. Report on coastal recreation Sec. 1375a. Report on coastal recreation waters waters

• Sec. 1376. Authorization of appropriationsSec. 1376. Authorization of appropriations


SUBCHAPTER VISUBCHAPTER VI STATE WATER STATE WATER POLLUTION CONTROL REVOLVING POLLUTION CONTROL REVOLVING

FUNDSFUNDS • Sec. 1381.Sec. 1381. Grants to States for Grants to States for

establishment of revolving funds establishment of revolving funds • Sec. 1382.Sec. 1382. Capitalization grant agreements Capitalization grant agreements • Sec. 1383.Sec. 1383. Water pollution control Water pollution control

revolving loan funds revolving loan funds • Sec. 1384.Sec. 1384. Allotment of funds Allotment of funds • Sec. 1385.Sec. 1385. Corrective action Corrective action • Sec. 1386.Sec. 1386. Audits, reports, and fiscal Audits, reports, and fiscal

controls; intended use plan controls; intended use plan • Sec. 1387.Sec. 1387. Authorization of appropriations Authorization of appropriations

http://www4.law.cornell.edu/uscode/33/ch26schVI.html









Discussion QuestionDiscussion Question

Where does the funding Where does the funding for maintenance and for maintenance and upgrading come from? Is upgrading come from? Is there a parallel to the there a parallel to the interstate highway interstate highway situation?situation?

Safe Drinking Water Safe Drinking Water Act 1974 Act 1974 et seq. et seq.


Safe Drinking Water Act and Safe Drinking Water Act and AmendmentsAmendments

(codified generally as 42 U.S.C. (codified generally as 42 U.S.C. 300f-300j)300f-300j)

YearYear Public Law #Public Law #

1974 1974 P.L. 93-523 P.L. 93-523

1977 1977 P.L. 95-190 P.L. 95-190

19791979 P.L. 96-63 P.L. 96-63

19801980 P.L. 96-502 P.L. 96-502

19861986 P.L. 99.339 P.L. 99.339

1988 1988 P.L. 100-572 P.L. 100-572

1996 1996 P.L. 104-182 P.L. 104-182


HistoryHistory

• Early Sanskrit and Greek writing Early Sanskrit and Greek writing recommended filtering through charcoal, recommended filtering through charcoal, boiling, exposing water to sun, and boiling, exposing water to sun, and straining to remove suspended particles.straining to remove suspended particles.

• Egyptians used alum as early as 1500 BC Egyptians used alum as early as 1500 BC to removed turbidity.to removed turbidity.

• During 1700s filtration was established During 1700s filtration was established as a method to removed turbidity.as a method to removed turbidity.

• By 1800s sand filtration was common in By 1800s sand filtration was common in Europe.Europe.


History Cont.History Cont.

• 1855 Epidemiologist, Dr. John Snow, 1855 Epidemiologist, Dr. John Snow, proved that cholera was a proved that cholera was a waterborne disease by linking a well waterborne disease by linking a well with sewage contamination in with sewage contamination in London.London.

• Late 1880s, Louis Pasteur Late 1880s, Louis Pasteur demonstrated “germ” theory.demonstrated “germ” theory.

• Early 1900s American Cities, such as Early 1900s American Cities, such as Philadelphia, started slow sand Philadelphia, started slow sand filtration to reduce turbidity and filtration to reduce turbidity and disease.disease.


History (Cont.)History (Cont.)

• 1908 first use of chlorine in 1908 first use of chlorine in Jersey City for disinfectant.Jersey City for disinfectant.

• Federal Regulation began in Federal Regulation began in 1914 with the U.S. Public Health 1914 with the U.S. Public Health Service publishing standards for Service publishing standards for bacterial contamination of water. bacterial contamination of water. Only applied to interstate Only applied to interstate transport (ships, trains) and only transport (ships, trains) and only to contaminants capable of to contaminants capable of causing infectious disease.causing infectious disease.


History (Cont.)History (Cont.)

• Bacteriological standards were Bacteriological standards were expanded in 1925, 1946, and expanded in 1925, 1946, and 1962.1962.

• The 1962 standards for 28 The 1962 standards for 28 substances were in effect until substances were in effect until the Safe Drinking Water of 1974.the Safe Drinking Water of 1974.

• In 1969, only 60% of the water In 1969, only 60% of the water supply systems met the federal supply systems met the federal standards.standards.


Background of the Background of the AmendmentsAmendments

• http://www.cnie.org/NLE/CRSrephttp://www.cnie.org/NLE/CRSreports/water/h2o-10.cfmorts/water/h2o-10.cfm Congressional Research Service Congressional Research Service ReportReport

• As the Act stands now As the Act stands now http://www.cnie.org/nle/crsreporhttp://www.cnie.org/nle/crsreports/briefingbooks/laws/g.cfm#Safts/briefingbooks/laws/g.cfm#Safe%20Drinking%20Water%20Acte%20Drinking%20Water%20Act

http://www.cnie.org/NLE/CRSreports/water/h2o-10.cfm

http://www.cnie.org/NLE/CRSreports/water/h2o-10.cfm

http://www.cnie.org/NLE/CRSreports/briefingbooks/laws/g.cfm#Safe20%25Drinking20%25Water20%ACt20%25




Example of AmendmentsExample of Amendments

• http://www.epa.gov/safewater/sdhttp://www.epa.gov/safewater/sdwa/text.htmlwa/text.html This contains the 1996 This contains the 1996 amendments.amendments.

• SDWA is included in 'Chapter 6A SDWA is included in 'Chapter 6A - Public Health Service' / section - Public Health Service' / section 300f 300f

http://www.epa.gov/safewater/sdwa/text.html

http://www.epa.gov/safewater/sdwa/text.html


Number of Contaminants Regulated Under the SDWA

020406080

100

1976

1978

1980

1982

1984

1986

1988

1990

1992

1994

1996

1998

Year

Nu

mb

er

Radionuclides Microbes Organic Inorganic


Percent Population Served by Community Water Systems with No

Violations

808284868890

1994 1995 1996 1997 1998

Year

Per

cen

tag

e


Main FeaturesMain Features

• Tells EPA to establish national Tells EPA to establish national standards that the states enforce (MCL)standards that the states enforce (MCL)

• Tells EPA to set primary standards for Tells EPA to set primary standards for the protection of human healththe protection of human health

• Tells EPA to set secondary standards Tells EPA to set secondary standards for taste, odor and appearance of for taste, odor and appearance of drinking waterdrinking water

• 1986 Amendments require EPA to set 1986 Amendments require EPA to set standards for 83 chemicals in drinking standards for 83 chemicals in drinking waterwater


Main SectionsMain Sections

I.I. Prevention ApproachesPrevention Approaches

II.II. Consumer InformationConsumer Information

III.III. Regulatory ProgramRegulatory Program

IV.IV. Funding for States and Water Funding for States and Water SystemsSystems

V.V. Other ProvisionsOther Provisions


Prevention ApproachesPrevention Approaches

• Source Water ProtectionSource Water Protection– Assessment programs new §1453 Assessment programs new §1453

States with PWSS primacy submit States with PWSS primacy submit to EPA for approvalto EPA for approval

• Underground injection of wastes Underground injection of wastes control or bancontrol or ban


Treatment and Distribution Treatment and Distribution IntegrityIntegrity

• Certification of water treatment Certification of water treatment plant operatorsplant operators

• Tap water quality standards for Tap water quality standards for bacteriological, parasitic, bacteriological, parasitic, radioactive and chemical radioactive and chemical parametersparameters

• Reporting requirements to the Reporting requirements to the statestate


Public InformationPublic Information

• Many systems publish annual Many systems publish annual reports to their consumersreports to their consumers

• Many have public advisory Many have public advisory committeescommittees

• The states and EPA must provide The states and EPA must provide an annual report and information an annual report and information to the public upon requestto the public upon request


Compliance EnforcementCompliance Enforcement

• EPA and/or the State my take EPA and/or the State my take enforcement actions against enforcement actions against utilities if they fail to meet the utilities if they fail to meet the Drinking Water Safety StandardsDrinking Water Safety Standards

• EPA may issue enforcement EPA may issue enforcement orders, take enforcement actions orders, take enforcement actions or levy finesor levy fines


Local Drinking Water Local Drinking Water LinksLinks

• Link to Pennsylvania DEP Link to Pennsylvania DEP information on Drinking Water:information on Drinking Water:

http://www.dep.state.pa.us/dep/http://www.dep.state.pa.us/dep/deputate/watermgt/WSM/Pubs-deputate/watermgt/WSM/Pubs-c.HTMc.HTM

• Link to New Jersey DEP Water Link to New Jersey DEP Water Supply Administration:Supply Administration:

http://www.state.nj.us/dep/http://www.state.nj.us/dep/watersupply/watersupply/

Clean Water Act (1977) et seq.

Documents

Transcript of Clean Water Act (1977) et seq.