Water Pollution: Are There Laws To Protect Our Resources?

Water pollution is a pressing issue that has been addressed by various laws and regulations over the years. In the United States, the Clean Water Act (CWA) is the primary federal law governing water pollution. The CWA was enacted in 1972 as a response to growing public concern and sets out to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The CWA establishes regulations for pollutant discharges, sets wastewater standards for industries, and maintains water quality standards for all contaminants in surface waters. While the CWA has led to significant improvements, there are still challenges, such as nonpoint-source pollution and emerging issues like climate change and fracking wastewater disposal, that require legislative attention.

The Clean Water Act (CWA)

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters unless a permit was obtained under the National Pollutant Discharge Elimination System (NPDES). The CWA also funded the construction of sewage treatment plants and recognised the need for planning to address critical problems posed by nonpoint source pollution. It established the Environmental Protection Agency (EPA), which implements pollution control programs and sets wastewater standards for industry. The EPA also develops national water quality criteria recommendations for pollutants in surface waters.

The CWA does not specifically address the contamination of groundwater resources, which is covered by other laws such as the Safe Drinking Water Act and the Resource Conservation and Recovery Act. The CWA's implementing regulations can be found at 40 C.F.R. The EPA issues permits for a five-year period, which are then subject to renewal for subsequent five-year periods.

The CWA has been amended several times since its enactment, with major amendments in 1977, 1981, and 1987. In 1981, revisions streamlined the municipal construction grants process, and in 1987, the construction grants program was phased out and replaced with the State Water Pollution Control Revolving Fund, also known as the Clean Water State Revolving Fund. Despite these efforts, it is uncertain whether the CWA has effectively reduced water pollution. According to the Pacific Legal Foundation, a public interest law firm, the broad and ambiguous definitions of "navigable waters" have led to government overreach and regulatory whiplash.

Federal Water Pollution Control Act of 1948

The Federal Water Pollution Control Act of 1948 was the first major US law to address water pollution. The Act created a comprehensive set of water quality programs and provided financing for state and local governments to implement them. The enforcement was limited to interstate waters, and the Public Health Service provided financial and technical assistance.

The original Act authorized the Surgeon General of the Public Health Service to prepare comprehensive programs for eliminating or reducing the pollution of interstate waters and improving the sanitary condition of surface and underground waters. It also authorized the Federal Works Administrator to assist states, municipalities, and interstate agencies in constructing treatment plants to prevent the discharge of inadequately treated sewage and other wastes into interstate waters.

Since 1948, the Act has been amended extensively to authorize additional water quality programs, standards, and procedures to govern allowable discharges, funding for construction grants, and general program funding. For example, the Water Quality Act of 1965 required states to issue water quality standards for interstate waters and authorized the Federal Water Pollution Control Administration to set standards where states failed to do so.

The Federal Water Pollution Control Act of 1948 was amended significantly in 1972, taking on its modern form and becoming commonly known as the Clean Water Act (CWA). The CWA established a basic structure for regulating pollutant discharges into US waters, giving the Environmental Protection Agency (EPA) the authority to implement pollution control programs and set wastewater standards for industry. The CWA also maintained existing requirements to set water quality standards for all contaminants in surface waters and made it unlawful for any person to discharge pollutants from a point source into navigable waters without a permit.

Water quality standards

The Federal Water Pollution Control Act, which was first enacted in 1948 and significantly amended in 1972, requires states to develop water quality standards that outline specific goals and pollution limits for all waters within their jurisdiction. These standards consist of three key elements: designated uses, criteria to safeguard those uses, and an anti-degradation policy.

The designated uses refer to the objectives that need to be achieved and maintained for specific water bodies. These can include a range of purposes such as public water supply, protection and propagation of aquatic life, recreational activities, agriculture, industry, navigation, and ecological and aesthetic considerations. A single water body can have multiple designated uses.

Water quality criteria, which can be numeric or narrative, describe the chemical, physical, and biological conditions necessary to meet and preserve the designated uses. Numeric criteria provide measurable benchmarks, such as acceptable pH levels, while narrative criteria outline water quality goals, like maintaining the natural colour of the water without interference from pollutants.

States and authorized tribes play a crucial role in developing new and updated water quality standards that are relevant to their specific circumstances. These standards are then reviewed and approved by the Environmental Protection Agency (EPA) before being utilized for various purposes, including discharge permitting and assessing the quality of water bodies. The EPA also provides training and resources related to the CWA and water quality standards through its Watershed Academy.

Discharge permits

The NPDES permit program is designed to regulate and permit the discharge of pollutants from point sources into US waters. Point sources, as defined by the CWA, include concentrated animal feeding operations, which are places where animals are confined and fed. The law specifically excludes agricultural stormwater discharges and return flows from irrigated agriculture from the definition of "point sources," and therefore, these are not subject to the NPDES permit requirements.

To obtain an NPDES permit, one must apply through an EPA-approved state or EPA Region in states without such approval. These permits are typically valid for five years and can be renewed or administratively extended if necessary. Importantly, there is no fee charged by the EPA for applying for or obtaining coverage under an NPDES permit, but some states with NPDES authority may charge fees for permit applications.

The NPDES permit will specify the acceptable levels of pollutants or pollutant parameters in a discharge. For example, it may set a certain level of bacteria that is permitted. The permits are issued either individually or through general permit coverage, depending on the specific circumstances of the discharger. In Washington State, for instance, individual permits are issued when discharge characteristics are variable and do not fit a general permit category.

The NPDES permit program plays a critical role in protecting and improving water quality, and it interacts with other CWA programs to achieve this goal. By regulating the discharge of pollutants, the NPDES permit program helps to ensure that US waters are safe for humans, wildlife, and the environment.

Nonpoint-source pollution

NPS pollution comes from numerous and diverse sources, including agricultural areas, livestock pasturing, row crop farming, storm sewers, atmospheric deposition of contaminants, golf courses, and forestry runoff. The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution and provides a specific legal definition for "nonpoint source." The CWA directs states and local governments to create management plans to identify and control NPS pollution, and it established the National Pollutant Discharge Elimination System (NPDES) permit program.

While the CWA provides a framework for regulating NPS pollution, the implementation and enforcement of NPS regulations primarily fall to state and local governments. This can create challenges due to the diffuse nature of NPS sources and the lack of incentive for localities to rigorously enforce regulations. The 1972 amendments to the CWA were a significant step in acknowledging and addressing NPS pollution, but more work is needed to effectively control and reduce NPS pollution across the country.

To address NPS pollution, individuals, communities, and governments can take various measures. These include proper disposal of household chemicals, keeping streets and storm drains free from litter and debris, using lawn and garden chemicals sparingly, and supporting local programs for collecting household hazardous waste. Additionally, low-impact development practices and environmentally sound building and landscaping techniques can help reduce urban runoff and improve water quality.

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