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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/briefingbooks/laws/e.cfm Background on the Clean Water Act and overview.

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Clean Water Act (1977) et seq.

33 U.S.C. §1251 et seq. (1977)


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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION

PREVENTION AND CONTROL


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CRS Background

  • http://www.cnie.org/NLE/CRSreports/briefingbooks/laws/e.cfm Background on the Clean Water Act and overview.

Environmental Law


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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

Environmental Law


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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.

Environmental Law


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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.

Environmental Law


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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

Environmental Law


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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

Environmental Law


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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

Environmental Law


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SUBCHAPTER III - STANDARDS AND ENFORCEMENT

  • 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

Environmental Law


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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

Environmental Law


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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

Environmental Law


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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

Environmental Law


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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

Environmental Law


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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?

Environmental Law



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Safe Drinking Water Act and Amendments(codified generally as 42 U.S.C. 300f-300j)

Environmental Law


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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.

Environmental Law


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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.

Environmental Law


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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.

Environmental Law


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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.

Environmental Law


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Background of the Amendments

  • http://www.cnie.org/NLE/CRSreports/water/h2o-10.cfm Congressional Research Service Report

  • As the Act stands now http://www.cnie.org/nle/crsreports/briefingbooks/laws/g.cfm#Safe%20Drinking%20Water%20Act

Environmental Law


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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

Environmental Law




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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

Environmental Law


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Main Sections

  • Prevention Approaches

  • Consumer Information

  • Regulatory Program

  • Funding for States and Water Systems

  • Other Provisions

Environmental Law


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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

Environmental Law


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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

Environmental Law


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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

Environmental Law


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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

Environmental Law


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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/

Environmental Law


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