Clean Water Act (1977) et seq.
33 U.S.C. §1251 et seq. (1977)
TITLE 33 - NAVIGATION AND
NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION
PREVENTION AND CONTROL
CRS Background
• http://www.cnie.org/NLE/CRSreports/briefi
ngbooks/laws/e.cfm Background on the
Clean Water Act and overview.
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WATER POLLUTION PREVENTION
AND CONTROL
• SUBCHAPTER I RESEARCH AND RELATED
PROGRAMS
• SUBCHAPTER II GRANTS FOR CONSTRUCTION
OF TREATMENT WORKS
• SUBCHAPTER III STANDARDS AND
ENFORCEMENT
• SUBCHAPTER IV PERMITS AND LICENSES
• SUBCHAPTER V GENERAL PROVISIONS
• SUBCHAPTER VI STATE WATER POLLUTION
CONTROL REVOLVING FUNDS
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SUBCHAPTER I RESEARCH AND
RELATED PROGRAMS
• Contains grant provisions for:
–
–
–
–
–
–
–
–
Studies
Training
Specific Locations, e.g., Chesapeake Bay, Great Lakes
Mine water demonstration Grants
Reservoir projects
Combined storm sewer overflows
Alaska village demonstration projects
etc.
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SUBCHAPTER II - GRANTS FOR
CONSTRUCTION OF TREATMENT WORKS
• best practicable waste treatment
technology
• To the extent practicable, waste
treatment management shall be on an
area wide basis and provide control or
treatment of all point and nonpoint
sources of pollution, including in place or
accumulated pollution sources.
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SUBCHAPTER II - GRANTS FOR
CONSTRUCTION OF TREATMENT WORKS
(Cont.)
• Construction grants for Publicly Owned
Treatment Works (POTW)
• Limits grants to secondary or more
stringent treatment only after October 1,
1984
• Limited provisions for privately owned
treatment where public treatment is
unavailable
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SUBCHAPTER II - GRANTS FOR
CONSTRUCTION OF TREATMENT WORKS
(Cont.)
• Allows for governors to receive grants for water
quality problems due to the impacts of
discharges from combined storm water and
sanitary sewer overflows after October 1, 1984
• After fiscal year 1983, $200,000,000/yr for
grants to address water quality problems of
marine bays and estuaries subject to lower levels
of water quality due to the impacts of
discharges from combined storm water and
sanitary sewer overflows from adjacent urban
complexes
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SUBCHAPTER III - STANDARDS
AND ENFORCEMENT
• Sec. 1311. Effluent limitations
• Sec. 1312. Water quality related effluent limitations
• Sec. 1313. Water quality standards and implementation
plans
• Sec. 1313a. Revised water quality standards
• Sec. 1314. Information and guidelines
• Sec. 1315. State reports on water quality
• Sec. 1316. National standards of performance
• Sec. 1317. Toxic and pretreatment effluent standards
• Sec. 1318. Records and reports; inspections
• Sec. 1319. Enforcement
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SUBCHAPTER III - STANDARDS
AND ENFORCEMENT
•
•
•
•
•
•
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•
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•
•
Sec. 1320. International pollution abatement
Sec. 1321. Oil and hazardous substance liability
Sec. 1322. Marine sanitation devices
Sec. 1323. Federal facilities pollution control
Sec. 1324. Clean lakes
Sec. 1325. National Study Commission
Sec. 1326. Thermal discharges
Sec. 1327. Omitted
Sec. 1328. Aquaculture
Sec. 1329. Nonpoint source management programs
Sec. 1330. National estuary program
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SUBCHAPTER IV PERMITS AND
LICENSES
• Sec. 1341. Certification
• Sec. 1342. National pollutant discharge
elimination system
• Sec. 1343. Ocean discharge criteria
• Sec. 1344. Permits for dredged or fill
material
• Sec. 1345. Disposal or use of sewage sludge
• Sec. 1346. Coastal recreation water quality
monitoring and notification
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SUBCHAPTER V GENERAL
PROVISIONS
•
•
•
•
•
•
•
•
•
•
•
Sec. 1361. Administration
Sec. 1362. Definitions
Sec. 1363. Water Pollution Control Advisory Board
Sec. 1364. Emergency powers
Sec. 1365. Citizen suits
Sec. 1366. Appearance
Sec. 1367. Employee protection
Sec. 1368. Federal procurement
Sec. 1369. Administrative procedure and judicial review
Sec. 1370. State authority
Sec. 1371. Authority under other laws and regulations
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SUBCHAPTER V GENERAL
PROVISIONS
• Sec. 1372. Labor standards
• Sec. 1373. Public health agency coordination
• Sec. 1374. Effluent Standards and Water Quality
Information Advisory Committee
• Sec. 1375. Reports to Congress; detailed estimates
and comprehensive study on costs; State
estimates
• Sec. 1375a. Report on coastal recreation waters
• Sec. 1376. Authorization of appropriations
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SUBCHAPTER VI STATE WATER POLLUTION
CONTROL REVOLVING FUNDS
• Sec. 1381. Grants to States for establishment of
revolving funds
• Sec. 1382. Capitalization grant agreements
• Sec. 1383. Water pollution control revolving loan
funds
• Sec. 1384. Allotment of funds
• Sec. 1385. Corrective action
• Sec. 1386. Audits, reports, and fiscal controls;
intended use plan
• Sec. 1387. Authorization of appropriations
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Discussion Question
Where does the funding for
maintenance and upgrading
come from? Is there a parallel to
the interstate highway situation?
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Safe Drinking Water Act 1974
et seq.
Safe Drinking Water Act and Amendments
(codified generally as 42 U.S.C. 300f-300j)
Year
1974
1977
1979
1980
1986
1988
1996
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Public Law #
P.L. 93-523
P.L. 95-190
P.L. 96-63
P.L. 96-502
P.L. 99.339
P.L. 100-572
P.L. 104-182
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History
• Early Sanskrit and Greek writing recommended
filtering through charcoal, boiling, exposing
water to sun, and straining to remove suspended
particles.
• Egyptians used alum as early as 1500 BC to
removed turbidity.
• During 1700s filtration was established as a
method to removed turbidity.
• By 1800s sand filtration was common in Europe.
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History Cont.
• 1855 Epidemiologist, Dr. John Snow,
proved that cholera was a waterborne
disease by linking a well with sewage
contamination in London.
• Late 1880s, Louis Pasteur demonstrated
“germ” theory.
• Early 1900s American Cities, such as
Philadelphia, started slow sand filtration
to reduce turbidity and disease.
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History (Cont.)
• 1908 first use of chlorine in Jersey City for
disinfectant.
• Federal Regulation began in 1914 with the
U.S. Public Health Service publishing
standards for bacterial contamination of
water. Only applied to interstate
transport (ships, trains) and only to
contaminants capable of causing
infectious disease.
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History (Cont.)
• Bacteriological standards were expanded
in 1925, 1946, and 1962.
• The 1962 standards for 28 substances were
in effect until the Safe Drinking Water of
1974.
• In 1969, only 60% of the water supply
systems met the federal standards.
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Background of the Amendments
• http://www.cnie.org/NLE/CRSreports/wate
r/h2o-10.cfm Congressional Research
Service Report
• As the Act stands now
http://www.cnie.org/nle/crsreports/briefin
gbooks/laws/g.cfm#Safe%20Drinking%20
Water%20Act
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Example of Amendments
• http://www.epa.gov/safewater/sdwa/text.
html This contains the 1996 amendments.
• SDWA is included in 'Chapter 6A - Public
Health Service' / section 300f
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Number of Contaminants Regulated
Under the SDWA
19
76
19
78
19
80
19
82
19
84
19
86
19
88
19
90
19
92
19
94
19
96
19
98
Number
100
80
60
40
20
0
Year
Radionuclides
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Inorganic
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Percentage
Percent Population Served by
Community Water Systems with No
Violations
90
88
86
84
82
80
1994
1995
1996
1997
1998
Year
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Main Features
• Tells EPA to establish national standards that
the states enforce (MCL)
• Tells EPA to set primary standards for the
protection of human health
• Tells EPA to set secondary standards for taste,
odor and appearance of drinking water
• 1986 Amendments require EPA to set standards
for 83 chemicals in drinking water
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Main Sections
I.
II.
III.
IV.
V.
Prevention Approaches
Consumer Information
Regulatory Program
Funding for States and Water Systems
Other Provisions
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Prevention Approaches
• Source Water Protection
– Assessment programs new §1453 States with
PWSS primacy submit to EPA for approval
• Underground injection of wastes control or
ban
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Treatment and Distribution
Integrity
• Certification of water treatment plant
operators
• Tap water quality standards for
bacteriological, parasitic, radioactive and
chemical parameters
• Reporting requirements to the state
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Public Information
• Many systems publish annual reports to
their consumers
• Many have public advisory committees
• The states and EPA must provide an
annual report and information to the
public upon request
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Compliance Enforcement
• EPA and/or the State my take
enforcement actions against utilities if
they fail to meet the Drinking Water
Safety Standards
• EPA may issue enforcement orders, take
enforcement actions or levy fines
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Local Drinking Water Links
• Link to Pennsylvania DEP information on
Drinking Water:
http://www.dep.state.pa.us/dep/deputate
/watermgt/WSM/Pubs-c.HTM
• Link to New Jersey DEP Water Supply
Administration:
http://www.state.nj.us/dep/watersupply/
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