Clean Water Act

Environmental Policy

Federal oversight of local problems Don’t respect political boundaries Environmental problems are transferred, not

ameliorated Want to provide minimum standards, to be enjoyed by

all citizens

Environmental Policy

Environmental issues are emotional Risk and uncertainty cloud debate

Environmental problems are not easily addressed Complex and chaotic systems Issues similar to first & second laws of

thermodynamics Law of energy conservation (amount of energy is

constant) Law of entropy (nature acts to minimize potentials)

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History of Federal Law

Various laws dating back to 1899 Rivers and Harbors Act of 1889

The oldest piece of US federal environmental legislation Prohibited discharge of refuse into navigable waterways

Federal Water Pollution Control Act of 1948 “enhance quality and value of our water resources” Set the basic legal authority for federal involvement and

regulation Limited to interstate waters Technical assistance and funding to state and local

governments

History of Federal Law

Water Quality Act of 1965 Expansion of federal role A basis for interstate water standards Standards enforceable by federal and state

governments Empowered federal government to set standards

when states failed to do so

History of Federal Law

Clean Water Act of 1972 (and amendments) Federal regulation made more efficient

Authority concentrated in EPA EPA promulgates ambient Water Quality Standards States classify waters by intended use (swimming,

fishing, water supply, industrial waste disposal) State develop SIPs to ensure water quality is

consistent with intended use (BATs and TMDLs) Allowed (indirectly through NEPA) citizen involvement

and standing

Non-Point Sources

Pollution reaching waterways from surface runoff

NPS Sources

Land Development Increased impervious surface Leads to

More pollutants More sedimentation More runoff

NPS Sources

Construction and Grading Runoff Sedimentation Requires on-site control

NPS Sources

Urban Stormwater Nutrients Fecal coliform Chemical pollution

NPS Sources

Land Disposal of Wastewater Septic systems Sludge ponds landfills

NPS Sources

Agriculture Chemical pollution Nutrients Runoff / sedimentation

NPS Sources

Atmospheric deposition Acid rain Nitrogen compounds mercury

NPS Sources

Marinas & Recreational Boating Runoff from service areas Spills Human waste

Key Parts of the CWA

EPA sets standards for discharge of waste Surface water / Ground water

National Pollutant Discharge Elimination System (NPDES)

Wastewater Storm water CAFOs

Industrial Pre-treatment program Funding for construction of municipal

treatment plants

Kinds of Standards

Technology based (Input) Set by EPA “BAT”

Water quality based (Output) Set by the states

Technology Standards

Limits set on amount or concentration discharged

Advantages Easy to enforce Nationwide uniformity

Technology Standards

Disadvantages A moving target Subject to politics and social mores in addition to

science Best practicable Reasonably achievable

Input-based

Can be too rigid (for example – the San Diego saga)

Wastewater Treatment

Pre-TreatmentPreliminary TreatmentPrimary TreatmentAdvanced Primary TreatmentSecondary TreatmentTertiary Treatment

Pre-Treatment Program

Applies to industries that discharge to city sewer systems

Required by EPA, enforced by city government

Standards may be different than NPDES standards

Reasons for Pre-Treatment

Prevent dangerous conditions Explosions Poisonous atmosphere to public

Prevent interference with city system Toxic chemicals can kill bacteria in city treatment

plant (i.e. pesticides)

Reasons for Pre-Treatment

Prevent pass-through Some wastes are not bio-degradable City plant can’t handle very high strength waste

Prevent sludge contamination Limits on the metals concentration of sludge

Municipal Treatment

Preliminary Treatment: screening process during which larger pieces of inorganic material (wood, plastics, cloth, along with sand, gravel and grit) are removed from the wastewater.

http://www.gocolumbiamo.com/PublicWorks/Sewer/wwtppg_4.php

Municipal Treatment

Primary Treatment: Process in which suspended organic solids in the wastewater settle out in sedimentation basins as sludge.

http://www.ci.camarillo.ca.us/i3.aspx?p=1047

Municipal Treatment

Advanced Primary Treatment: Addition of chemicals (such as ferric chloride and/or anionic polymers) to sedimentation basins to promote precipitation and settling of small organic particles.

Advanced Primary Treatment

Municipal Treatment

Secondary Treatment: Use of bacteria to break down organic solids in the wastewater (such as “activated sludge” process).

Municipal Treatment

Tertiary Treatment: removal of additional suspended solids after primary and secondary treatment, usually accomplished by filtration through a medium such as sand or anthracite coal.

Water Quality Standards

Based on use of water bodyDrinking waterRecreational

Advantages– More cost-effective– Standards are tailored to each situation

NC Surface Water Standards

In Title 15A of the NC Administrative CodeRules contain

Beneficial Use Designations (classifications) Operationalized in local ordinances (overlay districts)

Narrative Statements (WQ Criteria) Protective Use Designations Procedural Discussions (application of WQS)

Example: Town of Boone Watershed Protection Example: NCDENR DWQ Classification Chart

NC Surface Water Standards

How are standards used? Initially used to set WQ status for a body of water Then used to determine designated use of a water

body that is being protected Based on classification

NC Surface Water Standards

Example: WSII waters & Beryllium A Category 1 carcinogen

6.5 μg/l to protect aquatic life .117 μg/l to protect human health

Consuming fish & shellfish .0068 μg/l to protect human health

Consuming water

NC Surface Water Standards

Discharge of pollutants not necessarily prohibited It is permitted

1. Discharge is measured2. Concentration of pollutant is measured3. Comparison made with WQ standards4. If standard is met or exceeded, discharge is

permitted and monitored

Standards Apply to ...

CitiesExisting IndustriesNew Industries

Types of Regulated Industries

Oil refiningElectroplatingFood processing plantsPharmaceuticalsMany others. . . .

CWA Permit Programs

Discharge to a Surface Water Body – Requires an NPDES Permit Direct Indirect

Discharge to a Publicly Owned Wastewater Treatment Works (POTW) – Requires a Pretreatment Permit

NPDES Program

Must get a discharge permit from EPA or state

Applies to city or industry which discharges to a water body Wastewater Storm water Ocean Discharges CAFOs

Permit Requirements

Must meet standards Compliance is shown by taking and analyzing samples

Reporting and record keepingEPA and/or the state have authority to inspect

at any time

Permit structure

Cover Page - Typically contains the name and location of the permittee, a statement authorizing the discharge, and the specific locations for which a discharge is authorized.

EPA Permit Database

Permit structure

Effluent Limits - The primary mechanism for controlling discharges of pollutants to receiving waters. Permit writers spend a majority of their time deriving appropriate effluent limits based on applicable technology-based and water quality-based standards.

Permit structure

Monitoring and Reporting Requirements - Used to characterize waste streams and receiving waters, evaluate wastewater treatment efficiency, and determine compliance with permit conditions.

Permit structure

Special Conditions - Conditions developed to supplement effluent limit guidelines. Examples include: best management practices (BMPs); additional monitoring activities; ambient stream surveys and; toxicity reduction evaluations (TREs).

Permit structure

Standard Conditions – Pre-established conditions that apply to all NPDES permits and delineate the legal, administrative, and procedural requirements of the permit.

Construction Grants

Grants given to cities to upgrade treatment plants

$590 Billion spent from 1972 to 1990

Grants have been replaced by revolving loans Cities and states can borrow $ from

EPA for sewer & treatment plant construction