Why are we here? Without regulations, rivers used to catch fire.

Rules and Regulation

Why are we here? Without enforcing regulations, over 3 million people didn’t

have drinking water in West Virginia.

Rules and Regulation

CLEAN WATER ACT – 1972 Enacted with the intent of restoring and

maintaining the chemical, physical and biological integrity of the Waters of the US.

Regulatory authority is granted to the Environmental Protection Agency (EPA)

It not only was a law regulating a few industries, it was also a study of: What was polluting water bodies What was the source of these pollutants What do we have to do the restore our water

bodies

Rules and Regulation

CLEAN WATER ACT Waters of United States

All waters that can be used for interstate or foreign commerce (including all waters subject to the ebb & flow of the tide)

Wetlands Lakes, rivers, streams, ponds… TRIBUTARIES (**everything…)

Rules and Regulation

Narrative limitations on the discharges that may be permitted

EPA can and does designate numeric limitations (e.g. how much lead can be in water) to meet the narrative standard (e.g. water must support life)

Applicable Standards (specifications): Best Practical Technology (BPT) (1977-1983) Maximum Extent Practicable (MEP) (Municipalities) Best Conventional Pollution Control Technology

(BCT) (Other Pollutants) Best Available Technology (BAT) (Dangerous

toxics and Non-conventional pollutants)

Rules and Regulation

Section 401 Establishes a permit process in which

operators (e.g. construction sites) must obtain a certification from the State in which the activity (that causes pollutant discharge) occurs

Water Quality Certification – The operator must certified “under penalty of law” that they will operate in such a fashion to minimize pollutants from leaving the site.

Rules and Regulation

Section 402 1972 - Established the National Pollutant

Discharge Elimination System (NPDES) Every state must develop their own permit process Discharges are illegal unless authorized by holding

a NPDES permit Emphasized Technology-based Controls

Intended to ensure that control measures actually work

Point Sources – Originally the CWA only regulated: Industrial process wastewater Municipal sewage

Rules and Regulation

Section 402 National Urban Runoff Program (NURP)

A series of studies to understand storm water discharged through Municipal, Separate Storm Sewer Systems (MS4s)

All MS4 drains lead to receiving waters Led to the EPA regulating storm water

1987 Amendment – Created Phase 1 facilities Facilities already covered by an NPDES permit Industrial activities (heavy manufacturing,

transportation, large construction sites) Large MS4s (>250,000) Medium MS4s (100,000 to 250,000) Whom the EPA deems is contributing to a violation

Rules and Regulation

Section 402 National Resources Defense Council (NRDC)

challenged storm water application rule 1992 – Issued revised baseline permits

Industrial dischargers Construction Sites over 5 acres (Phase 1 permit)

1995 – Phase 2 discharges are defined Light Industrial Facilities Small Construction Sites 1-5 acres (Phase 2 permit)

Mandated that states develop their own general permits Must meet minimum EPA requirements

Most recent amendment was 2003

Rules and Regulation

Total Maximum Daily Load (TMDL) Defines the amount of a particular pollutant that

a water body can assimilate on a daily basis before it violates the applicable water quality standard

TMDL is the sum of individual waste load allocations Point Sources (individual sources) Non-point Sources (calculated load allocations from

forestry, range lands, urban areas) Naturally occurring sources (non-developed areas)

Section 303(d) of the Clean Water Act A “303(d) listed” water body does not nor are not

expected to meet the water quality standards

Rules and Regulation

303(d) Listed Water Body Additional regulations (e.g. additional sampling) may be required

if you are discharging into an “impaired” water body. You can perform an internet search to identify local polluted

water bodies

Rules and Regulation

Water Quality Standard The Clean Water Act is to protect the

beneficial use of surface waters Beneficial uses are defined as the uses of

water necessary for the survival or well being of man, plant and animal life.

Rules and Regulation

Section 404 Regulates discharge of dredged or fill

materials into waters of the US Administered by the US Army Corps or

Engineers

Rules and Regulation

Regulatory Framework

USEPA

SDRWQCB

MUNICIPALITY

SWRCB

CONSTRUCTION SITE

JURMP

SUSMP

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•SWPPP and BMPs

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•Issues Statewide Permits

•Issues Local Permits

Sizing for Post-Construction

(MEP)

During ConstructionPost-Construction

Issues Municipal Urban Runoff Permit

Issues Grading Permits etc. and Enforces Their Local Ordinances

THE PATH FROM THE CLEAN WATER ACT TO THE PROJECT

Published Final regulations regarding NPDES Permits

In California delegates program to the State.