Understanding Permit Requirements For Point Source Pollutants

The Clean Water Act established the National Pollutant Discharge Elimination System (NPDES) to control point source discharges. Factories, sewage treatment plants, and other point sources must obtain an NPDES permit from the state and EPA before discharging waste or effluents into any body of water. This permit depends on the type of pollutant and the discharge location, with 'waters of the United States being a key term. While nonpoint sources are left to states to regulate, point sources like pipes, ditches, and channels require NPDES permits, with recent court decisions broadening the scope of what constitutes a point source.

The Clean Water Act and the National Pollutant Discharge Elimination System (NPDES)

The Clean Water Act (CWA) was established in 1972 as an amendment to the Federal Water Pollution Control Act of 1948. The CWA's objective is "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." The Environmental Protection Agency (EPA) is the primary agency responsible for implementing and enforcing the CWA.

The National Pollutant Discharge Elimination System (NPDES) is a permit program created by the Clean Water Act to address water pollution. The NPDES permit program is authorized by the EPA and implemented by state governments. It regulates point sources that discharge pollutants into the waters of the United States. Point sources are defined as "any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship or factory smokestack." Examples of point sources include factories, sewage treatment plants, and large farms that raise livestock, often referred to as concentrated animal feeding operations (CAFOs).

Under the NPDES program, point sources that discharge pollutants into the waters of the United States are required to obtain a permit. This includes discharges into navigable waters, which are defined as "the waters of the United States, including the territorial seas." The NPDES permit will typically specify an acceptable level of pollutant or pollutant parameter in a discharge. For example, a certain level of bacteria in the discharge may be permitted.

The NPDES permit program also addresses nonpoint source pollution, which refers to any source of water pollution that does not meet the legal definition of a point source. While nonpoint sources are typically regulated by individual states, the NPDES program provides assistance with funding for the construction of municipal sewage treatment plants and planning for nonpoint source pollution control.

The NPDES permit program is implemented through a combination of individual and general permits. Individual permits are issued directly to a specific discharger, while general permits are issued to no one in particular, with multiple dischargers obtaining coverage under that permit after it is issued. The process for obtaining an NPDES permit can vary depending on the type of permit and the state in which the discharge occurs.

Point source pollution defined

Point-source pollution is defined by the US Environmental Protection Agency (EPA) as "any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship or factory smokestack". This definition is distinct from nonpoint-source pollution, which is harder to identify and address as it comes from multiple places simultaneously.

The EPA identifies two broad categories of pollution: point-source and nonpoint-source. Point-source pollution is easy to identify because it comes from a single place. This includes smokestacks, discharge pipes, drainage ditches, and municipal wastewater treatment plants. Factories and sewage treatment plants are two common types of point sources. Oil refineries, paper mills, and auto plants that use water in their manufacturing processes may discharge effluent—wastewater containing harmful chemical pollutants—into bodies of water.

Some factories discharge their effluents directly into a waterbody, while others may mix their waste material with urban runoff in a combined sewer system. When it rains heavily, a combined sewer system may be overwhelmed, resulting in a combined sewer overflow (CSO) that discharges directly into the nearest waterbody without treatment. This is considered point-source pollution and can cause severe harm to human health and the environment.

Large farms that raise livestock, such as cows, pigs, and chickens, are also sources of point-source pollution. These are known as concentrated animal feeding operations (CAFOs). If they do not treat their animals' waste, it can enter nearby water bodies as raw sewage, significantly increasing pollution levels.

To control point-source discharges, the Clean Water Act established the National Pollutant Discharge Elimination System (NPDES). Under the NPDES program, point sources must obtain a permit from the state and EPA before discharging waste or effluents into any body of water. An NPDES permit will specify acceptable levels of pollutants in a discharge.

Examples of point sources

The requirement for a permit to pollute depends on the type of pollution and the location of discharge. If you discharge pollutants from a point source into the "waters of the United States", an NPDES permit is required. The term ""navigable waters" is used to define the "waters of the United States", and includes territorial seas.

The EPA defines point source pollution as "any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship or factory smokestack".

Industrial and Manufacturing Sources

• Oil refineries
• Pulp and paper mills
• Chemical, electronics, and automobile manufacturers
• Power stations
• Steel works
• Foundries
• Incinerators
• Wood and pulp processors
• Refineries
• Chemical production

Agricultural Sources

Large farms that raise livestock, such as cows, pigs, and chickens, are considered potential point sources of pollution. These are known as concentrated animal feeding operations (CAFOs) or concentrated feeding operations (CFOs). If they do not treat their animal waste, it can enter nearby water bodies as raw sewage, increasing pollution levels.

Wastewater Treatment Sources

Sewage treatment plants may discharge pollutants into water bodies, especially when combined with urban runoff in a combined sewer system. During heavy rains, this system may overflow, discharging untreated sewage and polluted water directly into nearby water bodies.

Other Sources

• Ships and other vessels
• Pipes
• Ditches
• Channels
• Tunnels
• Wells

It is important to note that the definition of a point source is not limited to these examples and can include any "discernible, confined, and discrete conveyance". The Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) are in place to regulate and control point source discharges, with individual or general permits required for dischargers depending on their specific circumstances.

Permits and requirements

The Clean Water Act (CWA) requires that point source discharges of pollutants into navigable waters obtain National Pollution Discharge Elimination System (NPDES) permits. The Environmental Protection Agency (EPA) is the primary agency tasked with implementing and enforcing the CWA. The EPA defines a point source as "any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship or factory smokestack". This includes factories, sewage treatment plants, and large farms that raise livestock, known as concentrated animal feeding operations (CAFOs).

To obtain an NPDES permit, an operator must submit a permit application. There are two types of permits: individual and general. Individual permits are issued directly to a specific discharger, while general permits are issued to no one in particular, with multiple dischargers obtaining coverage under that permit after it has been issued. The NPDES permitting authority will specify an acceptable level of a pollutant or pollutant parameter in a discharge.

It is important to distinguish between point source and nonpoint source pollution. The CWA does not provide a detailed definition of nonpoint sources, but they are generally any source of water pollution that does not meet the legal definition of a point source. Nonpoint sources are typically left to individual states to regulate through mandatory or voluntary mandates. While the CWA does not require states to develop their own regulatory programs for nonpoint sources, it does provide funding for states, territories, and tribes to implement NPS management programs.

The requirements and permitting process for point source pollution vary depending on the specific circumstances and location. For example, if discharging pollutants into a municipal sanitary sewer system, a permit is typically not needed, but it is important to check with the municipality. On the other hand, if discharging into the "waters of the United States" (WOTUS), an NPDES permit is required. Recent court decisions, such as the County of Maui vs. Hawaii Wildlife Fund case, have broadened the types of actions that require NPDES permits. This case concluded that an NPDES permit was required when there is a direct discharge from a point source into navigable waters or the functional equivalent of a direct discharge.

Nonpoint source pollution

The Clean Water Act (CWA) requires that point-source discharges of pollutants into navigable waters obtain a National Pollution Discharge Elimination System (NPDES) permit. This includes any single identifiable source of pollution, such as a pipe, ditch, ship, or factory smokestack. However, nonpoint source pollution, also known as NPS pollution, does not require an NPDES permit.

NPS pollution refers to any source of water pollution that does not meet the legal definition of a point source. It is typically caused by land runoff, precipitation, atmospheric deposition, drainage, seepage, or hydrologic modification. As rainfall or snowmelt moves over and through the ground, it picks up and carries away natural and human-made pollutants, depositing them into lakes, rivers, wetlands, coastal waters, and groundwater.

Sources of NPS pollution vary but can include runoff from farm fields, livestock facilities, construction sites, lawns and gardens, city streets and parking lots, surface coal mines, and forestry. The major sources of NPS pollution are agriculture, urban runoff, and habitat modification. Urban runoff, for example, flows through storm drains and directly into lakes and streams without being treated, carrying pollutants such as chemicals and oils.

Sediment, a common pollutant in NPS pollution, is soil that has eroded from farm fields, construction sites, and streambanks. Sediment can damage fish gills and the breathing of aquatic insects, reduce sunlight penetration affecting plant growth, and carry other pollutants such as metals and toxic chemicals.

While NPS pollution does not require an NPDES permit, it is left to individual states to regulate through mandatory or voluntary mandates. States have reported that nonpoint source pollution is the leading remaining cause of water quality problems, impacting drinking water supplies, recreation, fisheries, and wildlife.

Frequently asked questions