formerly known as Federal Water Pollution Control Act -controlled by EPA -requires any applicant for a federal permit to conduct any activity resulting in discharge pollutant to obtain certification from their state; KNOWN AS Water Quality Certification -Amendment set up NPDES
National Pollutant Discharge Elimination System was set up in 1972 amendment of clean water act -permit program to control discharge of pollutants from point source, focused on industrial wastewater and municipal sewage, and stormwater discharge -also established Nationwide Urban Runoff Program(NURP) to identify characteristics of storm water discharged through municipal, separate storm water systems (MS4s)
Established through Clean Water Act/NPDES -one purpose was to identify chracteristics of storm water discharge through municipal, separate storm sewer systems (MS4s) -Stormwater runoff from residential, commercial, and light industrial areas were evaluated. -data showed stormwater containing same conventional pollutants and toxins regulated by profess outfalls and POTWs, exceeding EPA water standards -Pressured EPA in 1980’s to issue NPDES permits for all storm water discharges, but permitting would be overbourdening, so compromise was made. -1987 CWA amendment by Congress, issue permits for storm water discharges in 5 categories: 1.) Facilities under NPDES permit already 2.) Facilities in industrial activity 3.) LArge >250,000 population municipal separate storm drain systems 4.) Medium 100,000> population <250,000, storm water systems 5.) Facilities that EPA determines storm water discharges contributing to violation of water quality or “signficant contributors” of pollution to water to U.S. -1992 EPA issued 2 baseline general permits- Construction and industry -Phase II in 1999 required permitting for “light” industrial facilities, small construction and municipalities
-Clean Water ACt permit to regulate discharge of dredged or fill material into waters of US, including wetlands near waters. -Permit administered through US Army Corps of Engineers
Waters of US Requirement
NPDES apply only to stormwater charge in to waters of US or a combined (storm/sanitary) sewer system.
Construction Activities Subject to NPDES permitting
-5 acres or more -“disturbs large tracts of land will involve the use of heavy equipment such as bulldozers, crenes, dump truck, dynamite, removes trees, bedrock, installs roads, drainage systems and holind gponds.” – 1 to 5 acres added later(not under 5)
Phase II Discharges
-August 7, 1995, final amendment to NPDES expanding permitting requirements including phase II: -Commercial, retail, light, industrial -Construction UNDER 5 ACRES -Municipal storm drain systems serving FEWER THAN 100,000 people -Oil/Gas and silvicultural and agricultural are EXEMPT, for agriculture this is only for CROPS
TMDL definition and 3 steps
SECTION 303(d) of Clean Water Act -Total maximum daily loads -guide application of state water quality standards to waterbodies and watersheds. -defines amount of particular pollutant that a water body can assimilate on daily basis w/o violating applicable water quality standards. -Three steps: 1) identify quality limited waters, every state lists waters that will not meet water quality standards 2) Establish Priority waters/watersheds: states prioritize waters for TMDL development 3) Develop TMDLs, for listed waters, every state must develop TMDLs that will achieve water quality standards
-TMDLs include: Point source/non-point source, naturally occurring sources, sum of all 3 -TMDL plans address: waterbodies impaired, cause of impair and plan to remedy or prevent impairment.