Showing posts with label Cause of Action. Show all posts
Showing posts with label Cause of Action. Show all posts

Wednesday, May 1, 2013

FEDERAL WATER POLLUTION CONTROL ACT. TITLE 33—NAVIGATION AND NAVIGABLE WATERS CHAPTER 26—WATER POLLUTION PREVENTION AND CONTROL (33 U.S.C. § 1251 et seq.


"SEC. 101.[33 U.S.C. 1251] CONGRESSIONAL
DECLARATION OF GOALS AND POLICY†
(a) RESTORATION AND MAINTENANCE OF CHEMICAL,
PHYSICAL AND BIOLOGICAL INTEGRITY OF NATION’S
WATERS; NATIONAL GOALS FOR ACHIEVEMENT OF
OBJECTIVE—The objective of this chapter is to restore and
maintain the chemical, physical, and biological integrity of
the Nation’s waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
chapter—
(1) it is the national goal that the discharge of pollutants into
the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim
goal of water quality which provides for the protection and
propagation of fish, shellfish, and wildlife and provides for
recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic
pollutants in toxic amounts be prohibited;

(4) it is the national policy that Federal financial assistance
be provided to construct publicly owned waste treatment
works;

(5) it is the national policy that areawide waste treatment
management planning processes be developed and
implemented to assure adequate control of sources of
pollutants in each State;

(6) it is the national policy that a major research and
demonstration effort be made to develop technology
necessary to eliminate the discharge of pollutants into the
navigable waters, waters of the contiguous zone, and the
oceans; and

(7) it is the national policy that programs for the control of
nonpoint sources of pollution be developed and
implemented in an expeditious manner so as to enable the
goals of this chapter to be met through the control of both
point and nonpoint sources of pollution.

(b) CONGRESSIONAL RECOGNITION, PRESERVATION, AND
PROTECTION OF PRIMARY RESPONSIBILITIES AND RIGHTS OF
STATES—It is the policy of the Congress to recognize,
preserve, and protect the primary responsibilities and rights
of States to prevent, reduce, and eliminate pollution, to plan
the development and use (including restoration,
preservation, and enhancement) of land and water resources"

"SEC. 102.[33 U.S.C. 1252] COMPREHENSIVE PROGRAMS
FOR WATER POLLUTION CONTROL
(a) PREPARATION AND DEVELOPMENT—The Administrator
shall, after careful investigation, and in cooperation with
other Federal agencies, State water pollution control
agencies, interstate agencies, and the municipalities and
industries involved, prepare or develop comprehensive
programs for preventing, reducing, or eliminating the
pollution of the navigable waters and ground waters and
improving the sanitary condition of surface and
underground waters. In the development of such
comprehensive programs due regard shall be given to the
improvements which are necessary to conserve such waters
for the protection and propagation of fish and aquatic life
and wildlife, recreational purposes, and the withdrawal of
such waters for public water supply, agricultural, industrial,
and other purposes. For the purpose of this section, the
Administrator is authorized to make joint investigations
with any such agencies of the condition of any waters in any
State or States, and of the discharges of any sewage,
industrial wastes, or substance which may adversely affect
such waters.

(b) PLANNING FOR RESERVOIRS; STORAGE FOR REGULATION OF STREAM FLOW

(1) In the survey or planning of any reservoir by the Corps
of Engineers, Bureau of Reclamation, or other Federal
agency, consideration shall be given to inclusion of storage
for regulation of streamflow, except that any such storage
and water releases shall not be provided as a substitute for
adequate treatment or other methods of controlling waste at
the source.

(2) The need for and the value of storage for regulation of
streamflow (other than for water quality) including but not
limited to navigation, salt water intrusion, recreation,
esthetics, and fish and wildlife, shall be determined by the
Corps of Engineers, Bureau of Reclamation, or other
Federal agencies.

(3) The need for, the value of, and the impact of, storage for
water quality control shall be determined by the
Administrator, and his views on these matters shall be set
forth in any report or presentation to Congress proposing
authorization or construction of any reservoir including such
storage.

(4) The value of such storage shall be taken into account in
determining the economic value of the entire project of
which it is a part, and costs shall be allocated to the purpose

of regulation of streamflow in a manner which will insure
that all project purposes, share equitably in the benefit of
multiple-purpose construction"



Fully Document On US Code, FEDERAL WATER POLLUTION CONTROL ACT
TITLE 33—NAVIGATION AND NAVIGABLE WATERS CHAPTER 26—WATER POLLUTION PREVENTION AND CONTROL.   (33 U.S.C. § 1251 et seq.)
http://www.waterboards.ca.gov/laws_regulations/docs/fedwaterpollutioncontrolact.pdf



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Federal Water Pollution Control Act

Federal Water Pollution Control Act Research Links


"Federal Water Pollution Control Act (Clean Water Act) (33 U.S.C. 1251 - 1376; Chapter 758; P.L. 845, June 30, 1948; 62 Stat. 1155)."
http://www.fws.gov/laws/lawsdigest/FWATRPO.HTML

"The 1966 amendments (P.L. 89-753), entitled the Clean Water Restoration Act of 1966, authorized the Secretary of Interior, in cooperation with the Secretary of Agriculture and the Water Resources Council, to conduct a comprehensive study of the effects of pollution, including sedimentation, in the estuaries and estuarine zones of the U.S. on fish and wildlife, sport and commercial fishing, recreation, water supply and power, and other specified uses (33 U.S.C. 466)."

"Procedures for abating domestic pollution which damages the health or welfare of citizens in a foreign country were also outlined (33 U.S.C. 466). In addition, the amendments prohibited individuals, except as permitted by regulations issued by the Secretary of Interior, from discharging oil into the navigable waters of the U.S.
The Reorganization Plan No. 3 of 1970 (December 2, 1970) created the Environmental Protection Agency, abolished the Federal Water Quality Administration in the Department of Interior, and transferred to EPA all functions formerly assigned to the Secretary of Interior and the Department of Interior which had been administered through the Federal Water Quality Administration.

The 1970 amendments (P.L. 91-224), cited as the Water Quality Improvement Act of 1970, further amended the prohibitions on discharges of oil to allow such discharges only when consistent with regulations to be issued by the President and where permitted by Article IV of the 1954 International Convention for the Prevention of Pollution of the Sea by Oil (33 U.S.C. 1321). In issuing regulations, the President was authorized to determine quantities of oil which would be harmful to the public health or welfare of the U.S., including, but not limited to, fish, shellfish, and wildlife, as well as public and private property, shorelines and beaches.

The President was also authorized to publish a National Contingency Plan to provide for efficient and coordinated action to minimize damage from oil discharges, including containment, dispersal, and removal. Related duties were to be assigned to various Federal agencies. The 1970 amendments also mandated that the President develop regulations to define substances other than oil as hazardous substances.

In addition, the 1970 amendments required that performance standards be developed for marine sanitation devices (33 U.S.C. 1322), authorized demonstration projects to control acid or other mine water pollution (33 U.S.C. 1257a) and to control water pollution within the watersheds of the Great Lakes (33 U.S.C. 1258). The amendments described the responsibility of Federal agencies to ensure that any Federal facilities are operated in compliance with applicable water quality standards (33 U.S.C. 1323).

Applicants for Federal permits or licenses for activities involving discharges into navigable waters are to provide a State certification that the proposed activity will not violate applicable water quality standards (33 U.S.C. 1341). Licenses and permits may not be granted if the State or interstate certification has been denied.

The Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) stipulated broad national objectives to restore and maintain the chemical, physical, and biological integrity of the Nation's waters (33 U.S.C. 1251). Provisions included a requirement that the Federal Power Commission not grant a license for a hydroelectric power project to regulate streamflow for the purpose of water quality unless certain conditions are satisfied (33 U.S.C. 1252).

In addition, the amendments significantly expanded provisions related to pollutant discharges. These included requirements that limitations be determined for point sources which are consistent with State water quality standards, procedures for State issuance of water quality standards, development of guidelines to identify and evaluate the extent of nonpoint source pollution, water quality inventory requirements, as well as development of toxic and pretreatment effluent standards (33 U.S.C. 1311 - 1313 and 33 U.S.C. 1315 - 1317).

Additional provisions further defined liability for discharges of oil and hazardous substances and the Federal role in clean-up operations (33 U.S.C. 1321) and established a Clean Lakes Program.

Section 402 of the 1972 amendments established the National Pollutant Discharge Elimination System (NPDES) to authorize EPA issuance of discharge permits (33 U.S.C. 1342). Section 403 stipulated guidelines for EPA to issue permits for discharges into the territorial sea, the contiguous zone, and ocean waters further offshore (33 U.S.C. 1343).

Important provisions were contained in Section 404 of the amendments. This section authorized the Corps of Engineers to issue permits for the discharge of dredged or fill material into navigable waters at specified disposal sites (33 U.S.C. 1344). EPA was authorized to prohibit the use of a site as a disposal site based on a determination that discharges would have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational uses.

The 1977 amendments, the Clean Water Act of 1977 (P.L. 95-217), again extensively amended the Act. Of particular significance were the following provisions:
  • Development of a "Best Management Practices" Program as part of the state areawide planning program (33 U.S.C. 1288)

  • Authority for the Fish and Wildlife Service to provide technical assistance to states in developing "best management practices" as part of its water pollution control programs (33 U.S.C. 1288(i)(1))
  • Authorization of $6 million for the Secretary of Interior to complete the National Wetlands Inventory by December 31, 1981 (33 U.S.C. 1288(i)(2))
  • Authority for the Corps of Engineers to issue general permits on a state, regional, or national basis for any category of activities which are similar in nature, will cause only minimal environmental effects when performed separately, and will have only minimal cumulative adverse impact on the environment (33 U.S.C. 1344(e))
  • Exemption of various activities from the dredge and fill prohibition including normal farming, silviculture, and ranching activities (33 U.S.C. 1344(f))
  • Procedures for State assumption of the regulatory program, including a requirement that the Director of the Fish and Wildlife Service be involved in an advisory role regarding transfer of the program to the State (33 U.S.C. 1344 (g-m))
  • Requirement for development of agreements to minimize duplication and delays in permit issuance (33 U.S.C. 1344 (g))
The Water Quality Act of 1987 (P.L. 100-4) provided the most recent series of amendments to the original statute. Provisions included:
  • Authority to continue the Chesapeake Bay Program and to establish a Chesapeake Bay Program Office (33 U.S.C. 1267). The original authorization for this program, the Chesapeake Bay Research Coordination Act of 1980 (P.L. 96-460), expired on September 30, 1984
  • Establishment of a Great Lakes National Program Office within EPA and a Great Lakes Research Office within NOAA (33 U.S.C. 1268). Related Federal agencies, including the Fish and Wildlife Service, are required to submit annual reports to EPA regarding agency activities affecting compliance with the 1978 Great Lakes Water Quality Agreement
  • Requirement that EPA, in conjunction with the Fish and Wildlife Service and NOAA, conduct research, as part of the Great Lakes Program, on the harmful effects of pollutants on the general health and welfare (33 U.S.C. 1254). Such research should emphasize the effect bioaccumulation of these pollutants in aquatic species has upon reducing the value of aquatic commercial and sport fisheries
  • Requirement that states develop strategies for toxics cleanup in waters where the application of "Best Available Technology" (BAT) discharge standards is not sufficient to meet State water quality standards and support public health (33 U.S.C. 1314)
  • Increase in the penalties for violations of Section 404 permits (33 U.S.C. 1344)
  • Provisions that additional State reporting requirements on water quality of lakes including methods to mitigate the harmful effects of high acidity (33 U.S.C. 1324). Authorization for EPA to undertake a water quality demonstration program for lakes with an authorization of $15 million to States, with funds to be distributed based on relative acidity problems
  • Establishments of $400 million program for States to develop and implement, on a watershed basis, nonpoint source management and control programs with EPA responsibility for grant administration, program approval, and periodic program evaluation (33 U.S.C. 1329)
  • Authorization for a State/Federal cooperative program to nominate estuaries of national significance and to develop and implement management plans to restore and maintain the biological and chemical integrity of estuarine waters (33 U.S.C. 1330). Authorization to NOAA to conduct water quality research and trends assessment in estuaries of national significance
  • Requirement that EPA study and monitor the water quality effects attributable to the impoundment of water by dams (33 U.S.C. 1375)"
Source




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National Pollutant Discharge Elimination Systems Permit (NPDES)

National Pollutant Discharge Elimination System (NPDES) Research Links


US Code. 33 USC § 1342 - National pollutant discharge elimination system
http://www.law.cornell.edu/uscode/text/33/1342


Clean Water Act
http://en.wikipedia.org/wiki/Clean_Water_Act


"As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States."
http://cfpub.epa.gov/npdes/



Chapter wac173-220 WAC, National Pollutant Discharge Elimination System Permit Program
https://fortress.wa.gov/ecy/publications/summarypages/wac173220.html


"Permits - Point Source Pollution

The state of Washington, Department of Ecology, Water Quality Program, is delegated by the U.S. EPA as the state water pollution control agency, responsible for implementing all federal and state water pollution control laws and regulations.  Wastewater and stormwater discharges are regulated primarily by wastewater discharge permits, which stipulate specific limits and conditions of allowable discharge.

A wastewater discharge permit is required for disposal of waste material into "waters of the state," which include rivers, lakes, streams, and all underground waters and aquifers.  A wastewater discharge permit is also required for certain industrial users that discharge industrial waste into sanitary sewer systems. A wastewater permit may be required for facilities that have stormwater runoff to surface waters.

This website has information on general permits and individual permits, and other- permit information including the Permit Writer's Manual, car wash guidance manual, water quality data, and wastewater discharge permit fees.

A link to EPA's National Pollutant Discharge Elimination System (NPDES) application forms can be found on the  permit application forms page. You will also find links to Washington's state wastewater discharge permit applications."

Source of Above
http://www.ecy.wa.gov/programs/wq/permits/



EPA Information

"As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal and other facilities must obtain permits if their discharges go directly to surface waters.
In most cases, the NPDES permit program is administered by authorized states. Since its introduction in 1972, the NPDES permit program is responsible for significant improvements to our nation's water quality."

Compliance Monitoring

EPA conducts inspections of facilities subject to the regulations to determine compliance. EPA inspections involve:
  • reviewing discharge monitoring reports
  • interviewing facility personnel knowledgeable of the facility
  • inspecting the processes that generate and treat wastewater
  • sampling wastewater discharges to navigable waterways and other points in the generation or treatment process
  • reviewing how samples are collected and analyzed by the laboratory (More on theQuality Assurance Study Program)
NPDES inspection protocols can be found in Chapters 1 - 7 of the NPDES Compliance Inspection Manual.
The Clean Water Act NPDES Compliance Monitoring Strategy for the Core Program and Wet Weather Sources (PDF) (28 pp, 367K, About PDF) provides inpsection frequency goals for the core NPDES program and for wet weather sources including Combined Sewer Overflows (CSO), Sanitary Sewer Overflows (SSO), Concentrated Animal Feeding Operations (CAFO), and Storm Water.

http://www.epa.gov/compliance/monitoring/programs/cwa/npdes.html





"National Pollutant Discharge Elimination System Compliance Inspection Manual"


The National Pollutant Discharge Elimination System (NPDES) Compliance Inspection Manual (PDF)(802 pp, 9.79MB, About PDF) July 2004 provides guidance on NPDES inspections of wastewater treatment plants, storm water industrial and construction sites, pretreatment facilities, biosolids handling and treatment facilities, Concentrated Animal Feeding Operations (CAFOs), municipal wastewater collection systems (combined and separate from storm water) as well as pollution prevention and multimedia concerns. These procedures are fundamental to the NPDES compliance program and provide inspectors with a method for conducting inspections.






Civil Investigations

Civil investigations are defined as an extraordinary, detailed assessment of a regulated entity’s compliance status, which requires significantly more time to complete than a typical compliance inspection (i.e., several weeks, as compared with one or a few days). Investigations may be warranted when an inspection or record review suggests the potential for serious, widespread, and/or continuing civil or criminal violations, from a continuing pattern of citizen complaints, referrals from another agency, or from studies conducted by the regulating agency inferring a potential compliance problem.





NPDES Permit Program Basics


  • Overview
    • Water Permitting 101 (PDF) (11 pp, 41K) - Overview of the NPDES permitting process
    • NPDES Strategic Plan (PDF) (19 pp, 785K) - The Water Permits Division's Strategic Plan of goals and key actions on protecting the nation's waters through effective NPDES permits - FY 2001 and beyond.
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