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Amended The FederalWater Pollution Control Act of1948.

Amendments of 1972 knownas Clean Water Act.

Androscoggin River, 1973.Photographer Charles Steinhacker

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The CWA made it unlawful to discharge anypollutant from a point source into navigablewaters, unless a permit was obtained.

EPAs National Pollutant DischargeElimination System (NPDES) permit programcontrols discharges.

Point Sources must obtain permits if theirdischarges go directly to surface waters.

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SEC. 301. (a) Except as in compliancewith this section and sections 302, 306,

307, 318, 402, and 404 of this Act, thedischarge of any pollutant by any person

shall be unlawful.discharge of apollutant is defined as "any addition of

any pollutant to navigable waters fromany point source"

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Definition- Any discernible, confined,and discrete conveyance, including but

not limited to any pipe, ditch, channel,tunnel, conduit, well, discrete fissure,container, rolling stock, concentratedanimal feeding operation, or vessel, or

other floating craft from which pollutantsare or may be discharged. (CWA, pg.536)

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A channel is a wide strait or waterway between two landmasses that lie close to each other.The Ambrose Channel, which leads into NY Harbor has been artificially deepened so largeships full of cargo can make it into the harbor from the Atlantic Ocean.

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A channel for conveying water or other fluid. Aconduit for conveying water to the power plant.

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Fissure - A long, narrow opening or line of breakage made bycracking, especially in rock or earth.

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All vehicles that move on a railway.

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including but not limited to

Other Point Sources not listed underdefinition:

Pesticide Spraying

Transfer of water containing turbidity to

another water source

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Definition- Man-made source,discharging to surface waters that is not

a point source.

Examples-land runoff, atmospheric

deposition, drainage, seepages ofcontaminants. (Dams, Road Salt,Manure)

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Plurality Scalias Opinion

Requirement of a continuous surface connection with awater of the United States meaning only relatively

permanent, standing or flowing bodies of water. The Corps went beyond their power enumerated under

the Commerce clause.

Kennedys Opinion Must be significant nexus between the wetlands and the

navigable waters If the wetlands, either alone or in

combination with similarly situated lands in the region,significantly affect the chemical, physical, and biologicalintegrity of other covered waters more readily understoodas navigable. Defer to agency (the experts)

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Step One: What is the source?

Step Two: Point or Non-Point?

Step Three: Discharged into Navigable

Waters?