The Clean Water Act of 1972 How water pollution control was changed in the United States Gordon R. Garner, PE Vice President, Water Business Group CH2M HILL Sanitation and Development-Challenges of the Century November 6-8, 2006 Sao Paulo, Brazil

The United States has struggled with water pollution for over a century and faced enormous challenges in the early 1970’s from rampant and uncontrolled discharges of pollutants from industry and large cities.

The Clean Water Act of 1972 Was preceded by many efforts that were only partially successful: Was preceded by many efforts that were only partially successful:  Rivers and Harbors Acts of 1890,1899 & 1938  Water Pollution Control Acts of 1948,1948,1956,1961,1965  Clean Water Restoration Act of 1966  Water Quality Improvement Act of 1970

Early efforts were:  Limited in scope  Underfunded or unfunded  Implemented inconsistently  Resisted by both states and industry

Most significant failures  Failure to provide enforcement  Lack of support for secondary treatment as a national standard The political will to do what was needed was lacking

John F. Kennedy said of his efforts in the early 1960’s “A full scale attack on water pollution has been mounted… we are doing three times more than was ever done before… and we are not doing nearly enough.”

How bad was it?  Industries were discharging directly or indirectly millions of tons of toxic chemicals  Cities, even the nation’s capital, were discharging billions of gallons of raw sewage  Some states were doing an excellent job and others were doing nothing  Streams, lakes, rivers and estuaries were dead or dying

A new approach was needed: Engineers and biologists had long recommended secondary treatment. Cities and states demanded financial assistance from the federal government Toxic chemicals must be eliminated from direct or indirect discharge to the environment

The Clean Water Act of 1972(CWA) was built upon a federal/state partnership to:  Eliminate the discharge of pollutants  Provide for the propagation of fish, shellfish, and wildlife  Provide for recreation in and on the water  Prohibit the discharge of toxic pollutants in toxic amounts  Federal $$$ to build a wastewater treatment infrastructure  Use technology and good planning to accomplish goals

Key provisions of the CWA  Secondary treatment was adopted as a national standard (30/30)  Funding was authorized AND appropriated  Strong permitting and enforcement measures included  Measures to systematically address gross industrial pollution were provided

Good planning very important Long range wastewater facilities planning :  Priorities to be set/good use of resources  Encouraged regionalization and cooperation  Alternatives evaluated  More consistent standards and requirements  Reduce public health risks top priority

Other important ingredients for success:  US Environmental Protection Agency (EPA) created in 1970  Public support for environmental cleanup at all time high  Other major environmental bills passed

Other significant environmental acts:  Safe Drinking Water Act (1974)  Clean Air Act (1970)  Superfund Act (1976)- Clean up of polluted sites begins  Pesticide Control Act (1972)-DDT banned  Ocean Dumping Act (1972)- Ocean dumping of sludge and garbage banned

The CWA has changed and evolved Science and research has increased our knowledge of pollutants and effects New treatment technologies have emerged New threats to public health and ecosystems have become known Watershed approach embraced but not implemented

30/30 not enough  Secondary treatment has proven to be inadequate for full protection  Tertiary treatment and nutrient removal needed  Funding, operation and maintenance, wet weather flows are challenges  Federal support and funding has weakened  Reliance on enforcement not adequate

Industrial Discharge Progress Biggest success of CWA has been curtailing and controlling industrial discharges of toxic chemicals  Categorical Standards  Pretreatment Programs  Banned chemicals  Aggressive enforcement  Spill prevention and cleanup

Categorical Standards Apply to industrial types and provide uniform discharge standards Examples- Iron and steel; Pesticides; Petroleum refining; Pulp and paper; Organic Chemicals Over 50 industrial categories now covered Courts are involved in almost all significant standards (Setting deadlines)

Pretreatment Program The pretreatment program keeps industrial dischargers from discharging toxics to public sewers:  To avoid interference with the treatment process  To prevent toxics affects in the water  To meet categorical and other standards

Banned Chemicals/Priority Pollutants ACENAPHTHENE to ZINC From a very small list of heavy metals and a few other known carcinogens in 1972 EPA has regulated or banned more than 140 chemicals from discharge to waters as priority pollutants. A court case in 1977 mandated the expanded list.

Strong Federal Enforcement Strong federal enforcement has been essential to CWA success.  Industry resistance ongoing  Resources($$ and expertise) required to take on powerful industries  Civil and criminal penalties  Successful history of courts upholding CWA

Secondary treatment has been hugely successful Uniform national treatment requirement has resulted in great progress in reducing discharges of BOD, TSS and other conventional pollutants.  Statistics to be added

Beyond the treatment plant Since 1972 ecosystem issues have become drivers of CWA programs:  Wetlands preservation/protection  Effluent toxicity concerns  Aquatic habitat; flow; sediment  Wet weather issues- sewer overflows; polluted storm water runoff  Water reuse

Cities’ challenges to collect and treat wastewater continue  Growing population  New regulations and requirements  Aging plants and systems  Increasing public expectations  Third party advocates/environmental groups  Unknown or suspected pollutants (pollutants of emerging concern)

Some Emerging Pollutants of Concern  Endocrine disrupting compounds  Pharmaceuticals and personal care products  Nanotechnology  Crypto/Giardia  PBDE’s (Flame retardants)  Steroid sex hormones

Federal Government commitment lagging Funding and leadership at the national level have declined in the last twenty years threatening CWA programs:  Permit system in disarray  Funding to support states reduced/inadequate  $$ for wastewater infrastructure fails to meet needs  Water quality standards out of date

The Clean Water Act will continue to be the most important legislation to protect water quality, public health and the water environment  Public support for clean water unabated  National, state and local watershed protection groups having increasing influence  Courts generally uphold and push CWA provisions

Sustainability and global water issues very important if not yet fully recognized  Global warming and climate change  Water scarcity  Population growth The US Clean water Act still the most successful and comprehensive example of meaningful national environmental protection legislation.

Contact info Gordon R. Garner Vice President Water Business Group CH2M