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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)
9
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