Clean Water Act

Environmental Policy Federal oversight of local problems  Don’t respect political boundaries  Environmental problems are transferred, not ameliorated  Want to provide minimum standards, to be enjoyed by all citizens

Environmental Policy Environmental issues are emotional  Risk and uncertainty cloud debate Environmental problems are not easily addressed  Complex and chaotic systems  Issues similar to first & second laws of thermodynamics  Law of energy conservation (amount of energy is constant)  Law of entropy (nature acts to minimize potentials)

History of Federal Law 9 Various laws dating back to 1899  Rivers and Harbors Act of 1889  The oldest piece of US federal environmental legislation  Prohibited discharge of refuse into navigable waterways  Federal Water Pollution Control Act of 1948  “enhance quality and value of our water resources”  Set the basic legal authority for federal involvement and regulation Limited to interstate waters Technical assistance and funding to state and local governments

History of Federal Law Water Quality Act of 1965  Expansion of federal role  A basis for interstate water standards  Standards enforceable by federal and state governments  Empowered federal government to set standards when states failed to do so

History of Federal Law Clean Water Act of 1972 (and amendments)  Federal regulation made more efficient  Authority concentrated in EPA  EPA promulgates ambient Water Quality Standards  States classify waters by intended use (swimming, fishing, water supply, industrial waste disposal)  State develop SIPs to ensure water quality is consistent with intended use (BATs and TMDLs)  Allowed (indirectly through NEPA) citizen involvement and standing

Non-Point Sources Pollution reaching waterways from surface runoff

NPS Sources Land Development  Increased impervious surface  Leads to  More pollutants  More sedimentation  More runoff

NPS Sources Construction and Grading  Runoff  Sedimentation  Requires on-site control

NPS Sources Urban Stormwater  Nutrients  Fecal coliform  Chemical pollution

NPS Sources Land Disposal of Wastewater  Septic systems  Sludge ponds  landfills

NPS Sources Agriculture  Chemical pollution  Nutrients  Runoff / sedimentation

NPS Sources Atmospheric deposition  Acid rain  Nitrogen compounds  mercury

NPS Sources Marinas & Recreational Boating  Runoff from service areas  Spills  Human waste

Key Parts of the CWA EPA sets standards for discharge of waste  Surface water / Ground water National Pollutant Discharge Elimination System (NPDES)  Wastewater  Storm water  CAFOs Industrial Pre-treatment program Funding for construction of municipal treatment plants

Kinds of Standards Technology based (Input)  Set by EPA  “BAT” Water quality based (Output)  Set by the states

Technology Standards Limits set on amount or concentration discharged Advantages  Easy to enforce  Nationwide uniformity

Technology Standards Disadvantages  A moving target  Subject to politics and social mores in addition to science  Best practicable  Reasonably achievable  Input-based  Can be too rigid (for example – the San Diego saga)

Wastewater Treatment Pre-Treatment Preliminary Treatment Primary Treatment Advanced Primary Treatment Secondary Treatment Tertiary Treatment

Pre-Treatment Program Applies to industries that discharge to city sewer systems Required by EPA, enforced by city government Standards may be different than NPDES standards

Reasons for Pre-Treatment Prevent dangerous conditions  Explosions  Poisonous atmosphere to public Prevent interference with city system  Toxic chemicals can kill bacteria in city treatment plant (i.e. pesticides)

Reasons for Pre-Treatment Prevent pass-through  Some wastes are not bio-degradable  City plant can’t handle very high strength waste Prevent sludge contamination  Limits on the metals concentration of sludge

Municipal Treatment Preliminary Treatment: screening process during which larger pieces of inorganic material (wood, plastics, cloth, along with sand, gravel and grit) are removed from the wastewater.

Municipal Treatment Primary Treatment: Process in which suspended organic solids in the wastewater settle out in sedimentation basins as sludge.

Municipal Treatment Advanced Primary Treatment: Addition of chemicals (such as ferric chloride and/or anionic polymers) to sedimentation basins to promote precipitation and settling of small organic particles.

Advanced Primary Treatment

Municipal Treatment Secondary Treatment: Use of bacteria to break down organic solids in the wastewater (such as “activated sludge” process).

Municipal Treatment Tertiary Treatment: removal of additional suspended solids after primary and secondary treatment, usually accomplished by filtration through a medium such as sand or anthracite coal.

Water Quality Standards Based on use of water body  Drinking water  Recreational Advantages – More cost-effective – Standards are tailored to each situation

NC Surface Water Standards In Title 15A of the NC Administrative Code Rules contain  Beneficial Use Designations (classifications)  Operationalized in local ordinances (overlay districts)  Narrative Statements (WQ Criteria)  Protective Use Designations  Procedural Discussions (application of WQS)  Example: Town of Boone Watershed ProtectionWatershed Protection  Example: NCDENR DWQ Classification ChartClassification Chart

NC Surface Water Standards How are standards used?  Initially used to set WQ status for a body of water  Then used to determine designated use of a water body that is being protected  Based on classification

NC Surface Water Standards Example: WSII waters & Beryllium  A Category 1 carcinogen  6.5 μg/l to protect aquatic life .117 μg/l to protect human health  Consuming fish & shellfish .0068 μg/l to protect human health  Consuming water

NC Surface Water Standards Discharge of pollutants not necessarily prohibited  It is permitted 1. Discharge is measured 2. Concentration of pollutant is measured 3. Comparison made with WQ standards 4. If standard is met or exceeded, discharge is permitted and monitored

Standards Apply to... Cities Existing Industries New Industries

Types of Regulated Industries Oil refining Electroplating Food processing plants Pharmaceuticals Many others....

CWA Permit Programs Discharge to a Surface Water Body – Requires an NPDES Permit  Direct  Indirect Discharge to a Publicly Owned Wastewater Treatment Works (POTW) – Requires a Pretreatment Permit

NPDES Program Must get a discharge permit from EPA or state Applies to city or industry which discharges to a water body  Wastewater  Storm water  Ocean Discharges  CAFOs

Permit Requirements Must meet standards  Compliance is shown by taking and analyzing samples Reporting and record keeping EPA and/or the state have authority to inspect at any time

Permit structure Cover Page - Typically contains the name and location of the permittee, a statement authorizing the discharge, and the specific locations for which a discharge is authorized. EPA Permit DatabaseDatabase

Permit structure Effluent Limits - The primary mechanism for controlling discharges of pollutants to receiving waters. Permit writers spend a majority of their time deriving appropriate effluent limits based on applicable technology-based and water quality-based standards.

Permit structure Monitoring and Reporting Requirements - Used to characterize waste streams and receiving waters, evaluate wastewater treatment efficiency, and determine compliance with permit conditions.

Permit structure Special Conditions - Conditions developed to supplement effluent limit guidelines. Examples include:  best management practices (BMPs);  additional monitoring activities;  ambient stream surveys and;  toxicity reduction evaluations (TREs).

Permit structure Standard Conditions – Pre-established conditions that apply to all NPDES permits and delineate the legal, administrative, and procedural requirements of the permit.

Construction Grants Grants given to cities to upgrade treatment plants $590 Billion spent from 1972 to 1990 Grants have been replaced by revolving loans  Cities and states can borrow $ from EPA for sewer & treatment plant construction