Clean Water Act

The Clean Water Act (CWA) is a comprehensive piece of legislation enacted by the United States Congress in 1972, designed to regulate the quality of water and reduce water pollution in the United States. The Act provides the Environmental Protection Agency (EPA) with the authority to set effluent standards on an industry basis. It also continues the requirements to set water quality standards for all contaminants in surface waters.

What Are Some Types of Water Pollutants?

Water pollutants can come in many forms, including physical, chemical, and biological. Some of the most common types include the following.

Sewage and Wastewater

Sewage and wastewater are common sources of water pollution. For instance, a town with an outdated or inefficient sewage treatment system may discharge untreated or partially treated sewage into a nearby river.

The sewage could contain harmful bacteria and viruses that may pose health risks to humans and damage the aquatic ecosystem by depleting oxygen levels in the water. This pollution can lead to the death of fish and other marine life.

Industrial Waste

Industrial facilities, such as manufacturing plants, mining operations, and power plants, can contribute significantly to water pollution. For example, a manufacturing plant might discharge wastewater containing heavy metals like lead or mercury directly into a nearby lake or river.

These toxins can accumulate in the bodies of aquatic organisms, posing serious threats to both aquatic life and humans who consume contaminated seafood.

Oil Pollution

This type of pollution often makes headlines due to catastrophic oil spills from tankers, like the Exxon Valdez or Deepwater Horizon incidents. However, oil pollution can also occur on a smaller scale. For example, motor oil or gasoline might leak from cars onto roads and parking lots. When it rains, the runoff can carry these pollutants into storm drains, which often lead to rivers or oceans.

Radioactive Substances

Nuclear power plants are typically very closely regulated, but accidents can and do occur. A notorious example is the 2011 Fukushima Daiichi nuclear disaster in Japan, where an earthquake and tsunami led to the release of radioactive material into the Pacific Ocean.

Additionally, improper disposal of medical or industrial waste can also lead to radioactive contamination. For instance, a hospital might improperly dispose of equipment used in radiation therapy, potentially contaminating local groundwater sources.

Other examples of water pollution might include:

• Agricultural Runoff: Fertilizers and pesticides used in farming can be carried by rainwater into local streams and rivers. For instance, runoff from a corn field overfertilized with nitrogen-rich fertilizer might end up in a local river, leading to an algal bloom that depletes oxygen levels in the water and kills fish.
• Thermal Pollution: Power plants and industrial facilities often use water as a coolant and then discharge the heated water back into the environment. For example, a coastal power plant might draw in seawater to cool its turbines and then release the heated water back into the ocean. This can harm marine life by altering local temperature dynamics and reducing oxygen levels.
• Microplastics: Tiny fragments of plastic, often from broken-down plastic waste or microbeads in personal care products, can end up in rivers and oceans. A single washing machine load of synthetic clothes can release thousands of these microplastics, which marine animals can ingest. This ingestion of such chemicals has harmful effects on marine ecosystems.

What Role Does the Clean Water Act Have In Protecting Water?

The Clean Water Act plays a crucial role in protecting water by prohibiting the discharge of any pollutants into navigable waters unless a permit is obtained. It also sets standards for industrial wastewater and funds the construction of sewage treatment plants.

Regulating Discharges

The primary mechanism through which the CWA protects water quality is through its National Pollutant Discharge Elimination System (NPDES). The NPDES requires facilities to obtain a permit before discharging any pollutants into navigable waters. For instance, an industrial plant that wishes to discharge wastewater into a river must apply for an NPDES permit. The permit sets limits on what and how much can be discharged and monitors the company’s compliance.

• Scenario: If a paper mill plans to release treated water back into a nearby river, it must first secure an NPDES permit. This permit will specify limits on the concentration of pollutants like chlorinated compounds, which can be harmful to aquatic life, that the mill can release. By complying with these limits, the mill contributes to the maintenance of the river’s overall water quality.

Setting Water Quality Standards

The CWA mandates each state to establish water quality standards for all bodies of water within its jurisdiction. These standards must reflect the intended use of the water body (e.g., swimming, fishing, drinking) and establish maximum permissible levels of pollutants to ensure that the water is safe for its intended use.

• Scenario: A state may set stringent water quality standards for a lake that serves as a major source of drinking water, mandating very low allowable levels of certain pollutants. This would obligate any entities seeking to discharge into that lake to treat their wastewater to a higher standard, thus protecting the quality of the water for drinking purposes.

Financing Sewage Treatment Plants

The CWA established the Construction Grants Program, which provided funds for the construction of municipal sewage treatment plants. Though this specific program has been replaced by the State Revolving Fund program, the impact of this aspect of the CWA has been profound in reducing pollution from municipal sewage.

• Scenario: A city might use funds from this program to upgrade its wastewater treatment facilities. This upgrade can improve the level of treatment and reduce the amount of pollutants discharged into nearby water bodies.

Protecting Wetlands

The CWA also plays a vital role in wetland protection. Section 404 of the Act requires anyone wishing to deposit dredged or fill materials into the nation’s waters, including wetlands, to obtain a permit.

• Scenario: A real estate developer planning to build a housing complex on a wetland area would need to secure a permit before initiating any filling activities. This allows the U.S. Army Corps of Engineers, which administers the program, to assess the potential impacts on the wetland and impose conditions to mitigate any harm.

The CWA works to maintain and improve the quality of water across the United States. It ensures careful regulation of pollutants, setting water quality standards, funding treatment plants, and protecting wetlands.

What Is the Penalty for Violating the Clean Water Act?

The penalties for violating the Clean Water Act can be severe. For instance, an entity could be held liable for negligence that results in an environmental violation. Fines can reach into the tens of thousands of dollars per day of violation, and serious or repeat offenders can even face imprisonment.

How Can I Report a Violation?

To report a violation of the Clean Water Act, you can contact your local EPA office or your state’s environmental protection department. You should provide as much information as possible, including the nature and location of the violation and any evidence you have.

Should I Consult an Attorney?

Consulting a government lawyer can be very beneficial if you’re dealing with a potential violation of the Clean Water Act, whether you’re seeking to report a violation or facing potential penalties yourself.

Staying compliant with the Clean Water Act can be complex, especially for businesses and industries that deal with water-related activities. A knowledgeable attorney can help you navigate the regulatory requirements, ensuring that you are adhering to the law and avoiding unnecessary penalties.

LegalMatch can connect you with a government attorney who practices environmental law and can help navigate the complexities of these regulations.