Date post: | 28-Dec-2015 |
Category: |
Documents |
Upload: | brian-stevenson |
View: | 220 times |
Download: | 1 times |
Why are we here? Without enforcing regulations, over 3 million people didn’t
have drinking water in West Virginia.
Rules and Regulation
CLEAN WATER ACT – 1972 Enacted with the intent of restoring and
maintaining the chemical, physical and biological integrity of the Waters of the US.
Regulatory authority is granted to the Environmental Protection Agency (EPA)
It not only was a law regulating a few industries, it was also a study of: What was polluting water bodies What was the source of these pollutants What do we have to do the restore our water
bodies
Rules and Regulation
CLEAN WATER ACT Waters of United States
All waters that can be used for interstate or foreign commerce (including all waters subject to the ebb & flow of the tide)
Wetlands Lakes, rivers, streams, ponds… TRIBUTARIES (**everything…)
Rules and Regulation
Narrative limitations on the discharges that may be permitted
EPA can and does designate numeric limitations (e.g. how much lead can be in water) to meet the narrative standard (e.g. water must support life)
Applicable Standards (specifications): Best Practical Technology (BPT) (1977-1983) Maximum Extent Practicable (MEP) (Municipalities) Best Conventional Pollution Control Technology
(BCT) (Other Pollutants) Best Available Technology (BAT) (Dangerous
toxics and Non-conventional pollutants)
Rules and Regulation
Section 401 Establishes a permit process in which
operators (e.g. construction sites) must obtain a certification from the State in which the activity (that causes pollutant discharge) occurs
Water Quality Certification – The operator must certified “under penalty of law” that they will operate in such a fashion to minimize pollutants from leaving the site.
Rules and Regulation
Section 402 1972 - Established the National Pollutant
Discharge Elimination System (NPDES) Every state must develop their own permit process Discharges are illegal unless authorized by holding
a NPDES permit Emphasized Technology-based Controls
Intended to ensure that control measures actually work
Point Sources – Originally the CWA only regulated: Industrial process wastewater Municipal sewage
Rules and Regulation
Section 402 National Urban Runoff Program (NURP)
A series of studies to understand storm water discharged through Municipal, Separate Storm Sewer Systems (MS4s)
All MS4 drains lead to receiving waters Led to the EPA regulating storm water
1987 Amendment – Created Phase 1 facilities Facilities already covered by an NPDES permit Industrial activities (heavy manufacturing,
transportation, large construction sites) Large MS4s (>250,000) Medium MS4s (100,000 to 250,000) Whom the EPA deems is contributing to a violation
Rules and Regulation
Section 402 National Resources Defense Council (NRDC)
challenged storm water application rule 1992 – Issued revised baseline permits
Industrial dischargers Construction Sites over 5 acres (Phase 1 permit)
1995 – Phase 2 discharges are defined Light Industrial Facilities Small Construction Sites 1-5 acres (Phase 2 permit)
Mandated that states develop their own general permits Must meet minimum EPA requirements
Most recent amendment was 2003
Rules and Regulation
Total Maximum Daily Load (TMDL) Defines the amount of a particular pollutant that
a water body can assimilate on a daily basis before it violates the applicable water quality standard
TMDL is the sum of individual waste load allocations Point Sources (individual sources) Non-point Sources (calculated load allocations from
forestry, range lands, urban areas) Naturally occurring sources (non-developed areas)
Section 303(d) of the Clean Water Act A “303(d) listed” water body does not nor are not
expected to meet the water quality standards
Rules and Regulation
303(d) Listed Water Body Additional regulations (e.g. additional sampling) may be required
if you are discharging into an “impaired” water body. You can perform an internet search to identify local polluted
water bodies
Rules and Regulation
Water Quality Standard The Clean Water Act is to protect the
beneficial use of surface waters Beneficial uses are defined as the uses of
water necessary for the survival or well being of man, plant and animal life.
Rules and Regulation
Section 404 Regulates discharge of dredged or fill
materials into waters of the US Administered by the US Army Corps or
Engineers
Rules and Regulation
Regulatory Framework
USEPA
SDRWQCB
MUNICIPALITY
SWRCB
CONSTRUCTION SITE
JURMP
SUSMP
•NOI
•SWPPP and BMPs
•NOT
Gen
era
l Con
stru
ctio
n S
torm
W
ate
r Perm
it
Ord
er N
o. 2
00
9-0
00
9-D
WQ
•Issues Statewide Permits
•Issues Local Permits
Sizing for Post-Construction
(MEP)
During ConstructionPost-Construction
Issues Municipal Urban Runoff Permit
Issues Grading Permits etc. and Enforces Their Local Ordinances
THE PATH FROM THE CLEAN WATER ACT TO THE PROJECT
Published Final regulations regarding NPDES Permits
In California delegates program to the State.