Implementation of the Clean Water Act
This Ballotpedia article is in need of updates. Please email us if you would like to suggest a revision. If you would like to help our coverage grow, consider donating to Ballotpedia.
 |
|
This article outlines federal and state governments responsibilities involved in implementing the Clean Water Act. The act was passed by Congress and adopted in 1972. According to its text, the act's purpose is "to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters." Its implementation is generally divided between the Environmental Protection Agency (EPA) and state governments. This division of responsibilities entails that states establish regulatory systems that meet minimum federal requirements. States are responsible for establishing, reviewing, and revising water quality standards for waters within their borders. States also implement permit programs if authorized by the EPA and can revise water quality criteria to fit local needs. On the other hand, the regulation of dredged and fill materials, which are excavated from bodies of water and generally used to replace an aquatic area with dry land, is a federal responsibility.[1][2][3]
Provisions
National Pollutant Discharge Elimination System (NPDES)
The National Pollutant Discharge Elimination System (NPDES) is a permit program implemented by authorized state governments and the Environmental Protection Agency (EPA). Industrial facilities and municipalities that discharge pollutants into navigable waters must hold a permit from the EPA or authorized state agencies before they can discharge these pollutants. The system sets measurable limits on the amount of pollutants discharged by a source; regulated pollutants include wastes, soils, rocks, chemicals, bacteria, suspended solids, heavy metals, pesticides, and more. The permit specifies the process in which these pollutants may be discharged into navigable waters such as lakes, rivers, or streams as well as the technological features required to limit water pollution. Facilities with NPDES permits must maintain records, monitor pollutant discharges, and submit reports to an authorized state agency for compliance monitoring.[4][5][6]
Certain violations of NPDES permits can involve fines of up to $25,000 per day for the regulated entity. Negligent or knowing violations may result in criminal enforcement as well as fines up to $50,000 per day, three years' imprisonment, or both. Knowing endangerment, which include actions that knowingly place an individual in imminent danger or produce serious bodily injury, can result in fines of up to $250,000, 15 years in prison, or both.[7]
States assume primary enforcement and administration of the permit program if authorized by the EPA. As of February 2017, 46 states had primary enforcement authority over NPDES. States without their own NPDES were Idaho, Massachusetts, New Hampshire, and New Mexico.[8]
Water quality standards
The Clean Water Act requires enforceable water quality standards to maintain overall water quality. Standards for bodies of water are based on the water's designated use; such uses include industrial water supplies, swimming, fishing, agricultural irrigation, and more. States establish water quality standards for waterways within their borders, though the EPA may disapprove and replace state standards with its own if they do not meet the act's minimum requirements. The act also requires that standards outline the maximum allowable concentrations of various pollutants that would not inhibit a waterway's designated use.[5][9]
Under the Clean Water Act, state governments have primary responsibility over establishing, reviewing, and revising water quality standards. They also monitor waterways to ensure that bodies of water meet standards. Though states have this authority, the EPA reviews new or revised standards to determine whether they meet minimum requirements under the act. The EPA is also required to set water quality criteria representing specific levels of chemicals or conditions in a body of water that are not anticipated to cause adverse effects to human and ecological health. EPA-set water quality criteria act as recommendations to states, though state-issued criteria must provide the same level of water quality protection as the EPA's. States may also set stricter water quality criteria if established under scientifically based methods.[5][10][11][12]
For waters that do not meet quality standards, states use two additional anti-pollution methods to ensure impaired water bodies ultimately meet standards. First, states will set total maximum daily loads (TMDLs), which are the maximum allowable amounts of a pollutant in impaired bodies of water. TMDLs are set with the goal of reducing pollution so a body of water can meet quality standards. Second, states will divide the maximum allowable amount of a pollutant discharge into an impaired water among various pollution sources.[13][14]
Regulation of dredged and fill material
Under the Clean Water Act, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have primary authority over regulation of dredged and fill material into navigable waters. The act prohibits the discharge of dredged or fill material into waters of the United States, including wetlands, without a federal permit. Dredge includes material excavated from bodies of water, and fill material includes anything used for replacing an aquatic area with dry land or adjusting the bottom elevation of a waterway.[15][16][17]
Activities requiring a permit include the use of dredged or fill materials for building a structure or an impoundment that requires rock, dirt, or sand; the use of dredge or fill material for industrial, commercial, recreational, and residential uses, and for sewage treatment facilities or pipes associated with power plants; the construction of dams, dikes, or levees; and more. Activities exempt from the permit program include regular farming and ranching activities, such as "plowing, seeding, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products", and soil and water conservation practices.[18]
The U.S. Army Corps of Engineers issues dredged and fill material permits. Landowners whose construction activities could affect a wetland may need to obtain a federal permit. Enforcement is held jointly by the Corps and the EPA, which may levy administrative, civil, and/or criminal penalties for violations.[19]
Criteria used to detect whether a wetland area may be considered the waters of the United States regulated under the dredged and fill program can include the following:[19]
- Areas located near or adjacent to rivers, streams, creeks, or swamps
- Areas containing a pool of water of any size that does not flow
- Areas located in a low-lying area, which can hold water for days after a heavy rain
- Areas where the level below which the ground is saturated with water is not far below the surface
- Areas where aquatic plants are present
Water quality project loans
The Clean Water Act of 1972 authorized federal funds to municipalities for the construction of new sewage treatment plans. In the Clean Water Act Amendments of 1987, Congress established the Clean Water State Revolving Fund. The program provides loans for water quality projects, such as municipal wastewater treatment, stormwater management, watershed projects, and estuary protection programs. The fund is also state-administered and receives revenue from both federal and state sources. For each dollar of federal funding, a state must contribute 20 cents. From 1988 to 2016, the fund distributed $118.7 billion for projects.[5][20][21][22]
Enforcement
- See also: Enforcement at the EPA
Like other federal environmental statutes, the Clean Water Act includes provisions to address civil and criminal violations. Enforcement is shared by the EPA and states, though states generally have primary responsibility given their role in enforcing the discharge permit program and water quality standards. Additionally, the EPA has oversight authority over states and can intervene to bring direct action against private individuals, businesses, and organizations for violations if the agency believes a state has failed to take the necessary and appropriate action or if a state requests EPA involvement. Civil enforcement involves EPA or state-initiated legal action to compel compliance with federal law and may involve fines or penalties leveled against private parties. Criminal enforcement, which is the sole purview of the federal government, involves criminal investigation and prosecution of deliberate and/or severe violations of federal environmental law. Some violations can result in jail time. Both types of violations are described below:[23]
- Civil violations do not take into account if the violator knew of the violated law or regulation, while criminal violations involve a level of intent. For example, a knowing violation can include a discharge of pollutants into a river without a permit. Civil violations are based on the preponderance of the evidence, which includes whether the presented evidence is convincing and more likely to be true than not. Defendants in civil suits can be found liable either following a trial or a mutually agreed-upon settlement with the EPA or state. If found liable or agreeing to a settlement, a civil defendant may face a monetary penalty or be required to correct the violation.[23]
- Criminal violations must be established beyond a reasonable doubt. If convicted or after a guilty plea, a violator may face monetary fines, be required to reimburse the EPA for cleanup costs, or be incarcerated. In all federal environmental laws outside statutes for toxic substances and pesticides, criminal violations are considered felonies.[23]
Recent news
The link below is to the most recent stories in a Google news search for the terms Clean Water Act. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
Footnotes
- ↑ U.S. Environmental Protection Agency, "Clean Water Act (CWA) Overview," accessed September 19, 2014
- ↑ American Bar Association, "Cooperative Federalism in Environmental Law: A Growing Role for Industry," accessed September 13, 2017
- ↑ U.S. Environmental Protection Agency, “Summary of the Clean Water Act,” accessed January 29, 2014
- ↑ U.S. Environmental Protection Agency, "NPDES Permit Program Basics," accessed November 25, 2014
- ↑ 5.0 5.1 5.2 5.3 Congressional Research Service, "Clean Water Act: A Summary of the Law," December 15, 2010
- ↑ U.S. Environmental Protection Agency, "NPDES Home," accessed September 23, 2014
- ↑ U.S. Environmental Protection Agency, "Clean Water Act Action Plan," February 22, 2010
- ↑ U.S. Environmental Protection Agency, "NPDES State Program Information," accessed September 13, 2017
- ↑ Environmental Protection Agency, "Federal Water Quality Standards and Requirements," accessed July 9, 2017
- ↑ U.S. Environmental Protection Agency, "Basic Information on Water Quality Criteria," accessed September 22, 2014
- ↑ U.S. Environmental Protection Agency, "Rules and Regulations Implemented under the Clean Water Act (Water Quality Standards)," accessed September 23, 2014
- ↑ U.S. Environmental Protection Agency, "Water Quality Standards Regulations and Federally Promulgated Standards," accessed September 23, 2014
- ↑ Environmental Protection Agency, "Program Overview: Total Maximum Daily Loads," accessed July 6, 2017
- ↑ U.S. Environmental Protection Agency, "Impaired Waters and Total Maximum Daily Loads," accessed September 22, 2014
- ↑ Construction Industry Compliance Assistance Center, "Wetlands Regulations/Permits," accessed July 1, 2017
- ↑ U.S. Geological Survey, "Wetland Management and Research - Wetland Protection Legislation," accessed July 1, 2017
- ↑ U.S. Environmental Protection Agency, "Wetland Regulatory Authority," accessed June 22, 2017
- ↑ U.S. Environmental Protection Agency, "Part 232: 404 Program Definitions; Exempt Activities Not Requiring 404 Permits," accessed July 2, 2017
- ↑ 19.0 19.1 Thompson Coburn LLB, "Do you need a Section 404 permit for your real estate development?" September 12, 2016
- ↑ Cornell University Law School, "33 U.S. Code, Section 1381 (Grants to States for establishment of revolving funds)," accessed September 22, 2014
- ↑ U.S. Environmental Protection Agency, "Clean Water State Revolving Fund Programs (2009 Annual Report)," accessed September 22, 2014
- ↑ U.S. Environmental Protection Agency, "Clean Water State Revolving Fund Programs (2016 Annual Report)," accessed September 12, 2017
- ↑ 23.0 23.1 23.2 U.S. Environmental Protection Agency, "Enforcement Basic Information," accessed September 22, 2014
| |||||||||||
