The Clean Water Act – A tough act to follow

Marc F Hult,Chairman, Kenton County

Conservation Districthult@hydrologist.com

OKI Regional Conservation CouncilAnnual Conference

Cincinnati OH April 2, 2012

Daniel Carter Beard Center

Covington Kentucky

Tough to Understand:Clean Water Act 101

• 303(d)• 305(b)• 404• 401• 319(h)• 208• 505(b)

• UAA• MS4• SSO• CSO•TMDL• WQS•Anti-deg•NPS

• Blue Line• Use Attainability• Navigable Waters• Waters of the US• Delegation• Non-point Source• CWRF• Report to Congress• Impaired Waters• Significant Nexus

Tough Enforcement (?)

• Civil enforcement by State and Fed• Criminal Enforcement State and Fed• Citizen suits under Section 505(b)• 60-day notice of intent to file• Fines up to $25,000/day• Supplemental Environmental Projects (SEPs)

www.TheOEC.org www.KWAlliance.org

Tough to Implement: Plan- Results

Example: Sanitation District #1 in

Northern Kentucky

Adaptive Watershed Management Plan

Tough Choices: UAA -- Use Attainability Analysis

• Propose revisions to Water Quality Standards

Use Attainability Realistic ?

Example: Ohio River microbial pathogens (poop)

1) 365 182 day recreational season

2) All current only when 3 miles/hour

3) 200 cfu/mL xxx cfu/mL4) Not attainable so eliminate use5) Not used so eliminate standard

CWA – An Owner’s Manual Gayle Killam

www.RiverNetwork.org

Wikipedia also has a helpful summaryAlso: River Rally 2012

Clean Water Act 101• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration

of Goals and Policy (1972) •

101 (a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for

achievement of objective. The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.

• In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—

- (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;– (2)it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for

recreation in and on the water be achieved by July 1, 1983;– (3)it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;– (4)it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;– (5)it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in

each State;– (6)it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable

waters, waters of the contiguous zone, and the oceans; and– (7)it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this

chapter to be met through the control of both point and nonpoint sources of pollution.

Clean Water Act 101

• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration of Goals and Policy (1972) •

101 (a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to

achieve this objective it is hereby declared that, consistent with the provisions of this chapter—

– (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;

– (2)it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;

– (3)it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;– (4)it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;– (5)it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate

control of sources of pollutants in each State;– (6)it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge

of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and– (7)it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious

manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.

Clean Water Act 101• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration of Goals and Policy (1972) •

101 (a)Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective The objective of

this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—

– (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;

– (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;

– (3)it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;– (4)it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;– (5)it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of

pollutants in each State;– (6)it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the

navigable waters, waters of the contiguous zone, and the oceans; and– (7)it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the

goals of this chapter to be met through the control of both point and nonpoint sources of pollution.

CWA’s BHAG’s(Big Hairy Audacious Goals)

• Where do they come from?• Let’s look at:

– Context of changing world at the time– Context with respect to other environmental

legislation

• Then back to CWA particulars

Other audacious technical goals already met

Man on the moon by 1970 – National Pledge, John F Kennedy

The “Blue Marble” , 1972A new, first world view

Photograph from Apollo 17

The world was never seen the same again …

… and the last time a human on the moon

Other momentous milestones and changes in US during 1972

• Last man drafted into military in US• Roe v. Wade (decided 1972, announced Jan 73)• Capital punishment ruled unconstitutional• Equal Rights Amendment passed Congress

_____________________________

• Title IX• J Edgar Hoover, FBI Director dies.

Other momentous milestones and changes in US during 1972

• Gold standard ended• Dow passes 1000• NASDAQ (technology trading) created• ___________________________

• Club of Rome's report, The Limits to Growth• Texas and US oil production peaks• Worlds Tallest building -- Sears Tower begun

Other momentous milestones and changes during 1972

• Salt I and ABM treaties (cold war)• Nixon visits China• Japan normalized diplomatic relations with the People's

Republic of China• Last US ground troops withdrawn from Vietnam.

_________________________________

• Bobby Fischer defeats USSR Boris Spassky in a chess match to become world champion

• Routine vaccination against smallpox ends in US

Momentous technical milestones and changes in US

• First call was made with a cell phone• First international arpanet (“internet”) connection• Ethernet -- probably the first true LAN• First microprocessor ( 4004 in 1971, 8008 in 1972 ) • First commercial non-kit computer based on microprocessor• First scientific hand-held calculator (HP-35) • LANDSAT 1, first Earth-resources satellite• UTC becomes world standard for time• C language • First hard disk, 1973

Major Early Environmental Regulations• National Wild and Scenic Rivers Act , 1968• National Environmental Policy Act (NEPA – EIS ) 1969• Clean Air Act , 1970• Occupational Safety and Health Act (OSHA) 1970• Clean Water Act (CWA) , 1972• Noise Control Act, 1972• Coastal Zone Management Act, 1972• Marine Mammal Protection Act, 1972• Endangered Species Act, 1973• Safe Drinking Water Act. 1974• Resource Conservation and Recovery Act (RCRA), 1976• Toxic Substances Control Act, 1976• Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA -- Superfund). 1980

Clean Water Act 101

• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration of Goals and Policy (1972)

•

101 (a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective

The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—

– (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;– (2)it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and

wildlife and provides for recreation in and on the water be achieved by July 1, 1983;

– (3)it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;

– (4)it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;– (5)it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of

sources of pollutants in each State;– (6)it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of

pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and– (7)it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to

enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.

Clean Water Act 101

• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration of Goals and Policy (1972)

•

101 (a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to

achieve this objective it is hereby declared that, consistent with the provisions of this chapter—

– (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;– (2)it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish,

shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;– (3)it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;

– (4)it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;

– (5)it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;

– (6)it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and

– (7)it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.

Clean Water Act 101

• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration of Goals and Policy (1972)

•

101 (a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this

objective it is hereby declared that, consistent with the provisions of this chapter—

– (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;– (2)it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish,

and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;– (3)it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;– (4)it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;

–(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;

– (6)it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and

– (7)it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.

Clean Water Act 101

• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration of Goals and Policy (1972)

•

101 (a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective The objective of this chapter is to restore and maintain the

chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—

– (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;– (2)it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for

recreation in and on the water be achieved by July 1, 1983;– (3)it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;– (4)it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;– (5)it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in

each State;

– (6)it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and

– (7)it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.

Clean Water Act 101

• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration of Goals and Policy (1972)

•

101 (a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective The objective of this chapter is to restore and maintain the

chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—

– (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;– (2)it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for

recreation in and on the water be achieved by July 1, 1983;– (3)it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;– (4)it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;– (5)it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in

each State;– (6)it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of

pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and

– (7)it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.

Clean Water Act 101• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101.

Declaration of Goals and Policy (1972)

• 101 (d) Administrator of Environmental Protection Agency to administer chapter Except as otherwise expressly provided in this chapter, the Administrator of the Environmental Protection Agency (hereinafter in this chapter called “Administrator”) shall administer this chapter.

Clean Water Act 101

• USC › Title 33 › Chapter 26 › Subchapter I › § 1251 101. Declaration of Goals and Policy (1972)

• 101 (e) Public participation in development, revision, and enforcement of any

regulation, etc. Public participation in the development, revision, and enforcement of any regulation, standard, effluent limitation, plan, or program established by the Administrator or any State under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States. The Administrator, in cooperation with the States, shall develop and publish regulations specifying minimum guidelines for public participation in such processes.

The Clean Water Act – A tough act to follow

( With 1977, 1987, subsequent Amendments)

So What *IS* Next ?