How Laws Protect Our Waterways From Pollution

Water pollution is a pressing global issue, and several laws have been enacted to address it. The first significant US law to tackle water pollution was the Federal Water Pollution Control Act of 1948, which was later amended and renamed the Clean Water Act (CWA) in 1972. The CWA established the Environmental Protection Agency (EPA) and set national water quality standards, making it illegal to discharge pollutants into navigable waters without a permit. Since then, the CWA has undergone various amendments and been supplemented by other legislation, such as the Water Quality Act of 1987 and the Water Infrastructure Finance and Innovation Act of 2014, to further combat water pollution and maintain the integrity of the nation's waterways.

The Clean Water Act (CWA)

Under the CWA, the Environmental Protection Agency (EPA) has implemented pollution control programs and set wastewater standards for industries. The EPA has also developed national water quality criteria recommendations for pollutants in surface waters, including maximum contaminant levels for drinking water. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. The EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls these discharges, with permits issued by each EPA Region.

The CWA also addresses nonpoint source pollution, which is more challenging to regulate due to its multiple sources. To address this, the CWA funded the construction of sewage treatment plants and recognized the need for planning to tackle critical problems posed by nonpoint source pollution. The Act also includes the Oil Pollution Prevention regulation, which sets requirements for preventing, preparing for, and responding to oil discharges at specific non-transportation-related facilities.

The CWA has been amended several times to strengthen its provisions. For example, the Oil Pollution Act of 1990 (OPA 90) amended the CWA by increasing penalties for regulatory noncompliance and broadening the federal government's response and enforcement authorities. Additionally, the Great Lakes Critical Programs Act of 1990 implemented parts of the Great Lakes Water Quality Agreement, signed by the US and Canada, which aimed to reduce certain toxic pollutants in the Great Lakes. These amendments demonstrate the ongoing efforts to enhance the CWA and address evolving water pollution challenges.

The Federal Water Pollution Control Act of 1948

Since its enactment, the 1948 Act has been extensively amended to authorise additional water quality programs, standards, and procedures to govern allowable discharges, funding for construction grants, or general program funding. Amendments in 1972, for example, established the basic structure for regulating pollutant discharges into the waters of the United States and gave the Environmental Protection Agency (EPA) the authority to implement pollution control programs, such as setting wastewater standards for industry. The 1972 amendments also maintained existing requirements to set water quality standards for all contaminants in surface waters and made it unlawful for any person to discharge any pollutant from a point source into navigable waters without a permit.

The Clean Water Act (CWA), as it became known after the 1972 amendments, is the principal law governing pollution control and water quality in the nation's waterways. Under the CWA, the EPA has implemented pollution control programs, set wastewater standards for industry, and developed national water quality criteria recommendations for pollutants in surface waters. The CWA also established the National Pollutant Discharge Elimination System (NPDES), which controls discharges from point sources such as pipes or man-made ditches.

Over the years, other laws have further changed parts of the CWA. For example, Title I of the Great Lakes Critical Programs Act of 1990 implemented parts of the Great Lakes Water Quality Agreement of 1978, signed by the U.S. and Canada, which committed both nations to reducing certain toxic pollutants in the Great Lakes. This law required the EPA to establish water quality criteria for the Great Lakes, addressing 29 toxic pollutants with maximum levels safe for humans, wildlife, and aquatic life.

The Oil Pollution Act of 1924

Many laws have been passed to help combat water pollution, including the Oil Pollution Act of 1924, which was the first law to outlaw oil discharges from vessels into navigable waters in the US. This act was passed in response to the increasing problem of oil pollution, which defiled everything it touched, including wildlife, health, and sanitation.

The Clean Water Restoration Act of 1966 amended the 1924 law, requiring vessel owners to recover oil discharges in relation to adjoining shorelines and navigable waters. This amendment designated the authority of the Act to the U.S. Department of the Interior, with enforcement activities allowed by the US Armed Forces. The Oil Pollution Act of 1924 was later repealed by the Federal Water Pollution Control Act Amendments of 1970.

The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA)

Several laws have been made to help combat water pollution. The Federal Water Pollution Control Act of 1948 was the first major U.S. law to address water pollution. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972, and the law became commonly known as the Clean Water Act (CWA). The CWA is the primary law governing pollution control and water quality in the nation's waterways. It establishes conditions and permitting for discharges of pollutants into U.S. waters and gives the Environmental Protection Agency (EPA) the authority to implement pollution control programs.

WIFIA has a broad range of eligible projects, and the EPA encourages borrowers to submit applications for innovative projects that increase energy efficiency, address drought, or reduce water pollution and contaminants. The EPA estimates that it can lend approximately $6.5 billion to finance $13 billion in water infrastructure investment. The funding is available for both large and small communities, with minimum project sizes of $20 million and $5 million, respectively. The maximum portion of eligible project costs that WIFIA can fund is 49%, and the total federal assistance cannot exceed 80% of the project's eligible costs.

WIFIA plays a crucial role in supporting water infrastructure projects, ensuring safe drinking water, and promoting environmental sustainability. By providing financial assistance, WIFIA helps communities address their water-related challenges and improve the resilience of their water infrastructure.

The Safe Drinking Water Act

Water pollution has been a significant concern, and several laws have been enacted to address this issue. One notable legislation is the Safe Drinking Water Act (SDWA), which was passed by the United States Congress in 1974. The primary goal of the SDWA is to safeguard public health by regulating the nation's drinking water supply.

The SDWA is the principal federal law in the United States, ensuring that the public has access to safe drinking water. This law applies to every public water system (PWS) in the country, impacting over 148,000 systems and serving almost the entire American population at some point. Notably, the SDWA does not cover private wells or bottled water; the latter is regulated by the Food and Drug Administration (FDA) under separate legislation.

The Environmental Protection Agency (EPA) plays a pivotal role under the SDWA. The EPA is tasked with setting standards for drinking water quality and overseeing the implementation of these standards by states, localities, and water suppliers. The EPA has established protective drinking water standards for numerous contaminants, and the 1996 amendments to the SDWA further strengthened public health protections. According to the EPA, over 92% of the population supplied by community water systems consistently receives drinking water that meets all health-based standards.

The SDWA has clear requirements for states and water system operators. States are required to establish wellhead protection programs to safeguard underground sources of drinking water. These programs involve specifying agency duties, identifying wellhead protection areas, pinpointing contaminant sources, implementing control measures, and developing contingency plans for alternative water supplies in the event of contamination. Additionally, the SDWA mandates that all owners or operators of public water systems comply with the primary health-related standards set by the EPA. The Act also includes a whistleblower protection provision, empowering employees who face adverse actions related to the enforcement of this law to file a complaint within 30 days.

The SDWA's enactment was driven by rising public health concerns in the 1960s and 1970s, with increasing illnesses, including life-threatening injuries and cancer, linked to contaminated water. The discovery of organic chemical contamination in public water systems and the absence of enforceable national standards prompted Congress to take decisive action, leading to the introduction and passage of the SDWA.

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