Clean Water
FEDERAL POLICIES
STORMWATER MANAGEMENT (NON-POINT)
NPDES PERMITTING (POINT)
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
4
 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
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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
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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
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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
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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
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Surface water / Ground water
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National Pollutant Discharge Elimination
System (NPDES)
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Wastewater
Storm water
CAFOs
Industrial Pre-treatment program
Funding for construction of municipal treatment
plants
Kinds of Standards
Technology based (Input)
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Set by EPA
“BAT”
Water quality based (Output)
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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
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Input-based
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Can be too rigid (for example – the San Diego saga)
Wastewater Treatment
 Pre-Treatment
 Preliminary Treatment
 Primary Treatment
 Advanced Primary Treatment
 Secondary Treatment
 Tertiary 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.
Municipal Treatment
 Secondary Treatment: Use of bacteria to break down
organic solids in the wastewater (such as “activated
sludge” process).
Advanced Primary Treatment
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 body
 Drinking
water
 Recreational
 Advantages
–
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More cost-effective
Standards are tailored to each situation
NC Surface Water Standards
 In Title 15A of the NC Administrative Code
 Rules contain
 Beneficial Use Designations (classifications)
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Operationalized in local ordinances (overlay districts)
Narrative Statements (WQ Criteria)
Protective Use Designations
Procedural Discussions (application of WQS)
Example: State of Washington Designated Uses
Example: NCDENR DWQ Surface Water Classifications
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
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Based on classification
NC Surface Water Standards
 Example: WSII waters & Beryllium
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6.5 μg/l to protect aquatic life
.117 μg/l to protect human health
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A Category 1 carcinogen
Consuming fish & shellfish
.0068 μg/l to protect human health
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Consuming water
NC Surface Water Standards
 Discharge of pollutants not necessarily prohibited
 It is permitted
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Discharge is measured
Concentration of pollutant is measured
Comparison made with WQ standards
If standard is met or exceeded, discharge is permitted and
monitored
Standards Apply to ...
 Cities
 Existing Industries
 New Industries
Types of Regulated Industries
 Oil refining
 Electroplating
 Food processing plants
 Pharmaceuticals
 Many 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 keeping
 EPA 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:
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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
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Cities and states can borrow $ from EPA for
sewer & treatment plant construction