Clean Water Act (CWA): The Primary Federal Law Governing Water Pollution

The Clean Water Act (CWA) is the cornerstone of surface water quality protection in the United States, aimed at reducing pollutant discharges and maintaining the integrity of the nation's waters.

The Clean Water Act (CWA), initially enacted in 1948 and significantly revised in 1972, is the principal federal law in the United States governing water pollution. The primary objective of the CWA is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”

History and Evolution

Pre-1972 Legislation

The Federal Water Pollution Control Act of 1948 was the first major U.S. law to address water pollution. However, it was insufficiently robust to manage the increasing industrial discharge and municipal sewage.

The Amendments of 1972

The term “Clean Water Act” became synonymous with the 1972 amendments to the Federal Water Pollution Control Act:

• National Pollutant Discharge Elimination System (NPDES): Established to control discharges into U.S. waters.
• Water Quality Standards for all contaminants in surface waters.
• Permits for any point-source pollution.
• Federal Assistance for constructing municipal sewage treatment plants.

Subsequent Amendments

The act has been further amended by:

• The Clean Water Act of 1977
• The Water Quality Act of 1987, which included measures for non-point source pollution and toxic pollutants.

Key Provisions

National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program is crucial for ensuring that point source pollutants do not contaminate surface waters. Facilities must obtain permits before discharging.

Standards and Regulations

• Water Quality Standards: States are required to set standards for different water bodies.
• Total Maximum Daily Loads (TMDLs): Identify allowable pollutant levels for impaired waters.

Enforcement and Compliance

• The EPA: Enforces the CWA and oversees state programs.
• Citizen Suits: Granted the public authority to sue violators and government agencies failing enforcement.

Special Considerations

Jurisdiction Issues

The CWA has faced numerous jurisdictional challenges concerning the definition of “waters of the United States” (WOTUS). Several Supreme Court cases (e.g., Rapanos v. United States, 2006) highlight ongoing ambiguities.

Section 404: Wetlands Protection

The CWA’s Section 404 regulates the discharge of dredged or fill material into navigable waters, which includes wetlands. Controversy persists over federal vs. state authority and scope.

Non-Point Source Pollution

Managing pollution from diffuse sources remains challenging; this type of pollution includes agricultural runoff and urban stormwater.

Examples

• Flint Water Crisis: Highlighted the importance of regulatory oversight and the consequences of water quality management failures.
• Continued Monitoring: Cities like New York and San Francisco maintain rigorous water quality monitoring programs complying with CWA standards.

Comparisons

• Safe Drinking Water Act (SDWA): Focuses on public health by ensuring safe drinking water, whereas the CWA aims at maintaining surface water quality.
• European Union Water Framework Directive (2000/60/EC): A similar legislation in Europe aimed at enhancing water quality and ecosystem health.

Related Terms

• EPA (Environmental Protection Agency): The primary regulatory body enforcing the CWA.
• TMDL (Total Maximum Daily Load): Calculations used to determine pollutant levels to meet water quality standards.
• WOTUS (Waters of the United States): A defining term for what waters fall under federal jurisdiction per the CWA.

FAQs

What activities require a CWA permit?

Discharging pollutants from a point source into surface waters, dredging, and filling material into waters or wetlands, and large-scale animal feeding operations.

Can citizens really enforce the CWA?

Yes, the CWA includes a provision for citizen suits allowing individuals to sue for enforcement.

What are the main enforcement mechanisms?

The EPA can issue administrative orders, penalties, and can refer cases to the Department of Justice for civil or criminal prosecutions.

References

• Environmental Protection Agency. “Clean Water Act.” EPA.gov
• Cornell Law School Legal Information Institute. “Clean Water Act.” Law.Cornell.edu
• United States Geological Survey (USGS). “Water Quality.” USGS.gov

Summary

The Clean Water Act (CWA) is integral to the protection and enhancement of the United States’ water resources. With its extensive permitting processes, stringent standards, and robust enforcement mechanisms, the CWA continues to be a cornerstone in environmental legislation. While challenges remain, including jurisdictional ambiguities and non-point source pollution, the CWA’s framework represents a significant stride toward ensuring water bodies remain clean, sustainable, and safe for all uses.