Protecting Water Resources: The U.S. Legal Framework Babette J. Neuberger, JD, MPH Associate Dean for Academic Affairs University of Illinois at Chicago School of Public Health

Thank-you for inviting me to present at today’s conference! My hope is through sharing description of the U.S. legal framework and strategies, countries in transition may find useful features to adopt and/or will benefit from lessons learned within U.S.

Water conditions in the 1970’s Over 1300 local community sewer systems discharged untreated waste. Equal number had only primary treatment- removing less than 30% of some pollutants. Majority of lakes and rivers too dirty to fish or swim Rivers flowing through urban areas served as sewers for industrial discharges; not uncommon for chemical and oil debris to catch fire Lake Erie, one of nation’s five Great Lakes, was pronounced near death

Early 1970’s Prior 50 years of dumping industrial waste on land, into holding lagoons, etc. created legacy of contaminated groundwater and surface waters. Industrial and agricultural chemicals had seeped into water supplies through factory discharges, street and farm field runoff, and leaking underground storage and disposal tanks.

Federal Clean Water Act passed by Congress Generally considered to be one of most successful of U.S. environmental laws !

Clean Water Act – History Prior to 1972 federal government had weak authority; responsibility spread among several agencies 50 state governments set Water Quality Standards (WQS) with goal of protect receiving streams Enforcement mostly non-existent; difficult to prove who caused WQS violation Nation’s water ways increasingly polluted

1972 Clean Water Act- Main Features Permit program Focus on controlling effluents rather than protecting receiving streams ALL discrete point source discharges to waterways were prohibited without a permit Permit limits based on “best available technology “ WQS enforced where “BAT” not sufficient

Clean Water Act- Main Features Municipal wastewater treatment facility grants program: Funding to build or upgrade established secondary treatment as the standard established industrial pre-treatment program to protect municipal waste water treatment facilities Wetland protections Prohibited dredging or fill of wetlands without a permit

Subsequent CWA Amendments 1977 – government authority to control toxic pollutants was strengthened focus on non-point source run-off from agricultural lands and urban streets, control of combined sewer overflows, and watershed management protection approach adopted

1974 Safe Drinking Water Act 1974 – 1 st comprehensive federal statue governing public water supplies. Prior to 1974, state laws followed national Public Health Service guidelines (28 standards) survey found serious deficiencies in the systems surveyed. Of particular concern – public water supplies ere found contaminated by industrial and agricultural chemicals

SDWA - Main Features (2010) Source water protection Treatment Distribution system integrity, and Public information To date, over 90 primary drinking water standards have been set for chemical, microbial, radiological and physical contaminants

1976 Resource Conservation and Recovery Act - history Decades of uncontrolled disposal of hazardous industrial wastes in landfills (most common disposal technique) led to large-scale contamination of soils and groundwater; contaminating drinking water supplies in many communities

RCRA – Main Features “Cradle to Grave” management of hazardous waste. Law regulates waste generators, transporters, and treatment, storage and disposal facilities 1984 amendments Comprehensive regulation of Underground Storage Tanks Phase out land disposal of hazardous waste

Status of U.S. Water Currently The challenges continue… Millions in U.S. Drink Dirty Water, Records Show December 7, 2009 NY Times headline

2004 State Reports on Water Quality Rivers and Streams 44% of those assessed were deemed impaired or not clean enough for designated use such as fishing and swimming Lakes, Ponds and Reservoirs 64% of those assessed were deemed impaired Bays and Estuaries 30% of those assessed were deemed impaired

Lessons learned… Essential elements of successful U.S. water protection strategy… Strong national laws delegated to the states for implementation Solid institutional infrastructure at all govt. levels Enforcement mechanisms (eg., permits); with penalties for noncompliance Inspection, monitoring and reporting requirements Citizen Suit Provisions Toxic waste control is essential

Cam ơ n.. thank-you for your attention. o I welcome questions and dialogue