Clean Water Act
33 USC 1251 et seq.; P.L. 92-240; 86 Stat. 47; October 18, 1972
Note: The Water Pollution Control Act (FWPCA) (June 30, 1948, P.L. 80-845), as amended in 1972 by the Federal Water Pollution Control Act of 1972, became commonly known as the Clean Water Act (CWA).
Historical Context:
CWA was enacted in 1972 during a time of growing environmental awareness and concern. In the years leading up to the CWA's passage, there were several high-profile environmental disasters, including the Cuyahoga River catching on fire in 1969. These events helped galvanize public support for environmental protections, including water quality regulations.
Regulatory Structure:
CWA is implemented by the Environmental Protection Agency (EPA) and the Army Corps of Engineers. The EPA is responsible for setting water quality standards, regulating point source pollution, and overseeing the states' implementation of the CWA. The Army Corps of Engineers is responsible for issuing permits for dredging and filling activities that may impact waterways.
Under the CWA, states are required to develop and implement water quality standards that meet or exceed federal standards. States must also develop plans to control non-point source pollution, such as agricultural runoff and urban stormwater runoff.
CWA also allows for citizen enforcement, which means that private citizens and organizations can sue to enforce the law if they believe that the EPA or a state has not adequately enforced the CWA.
Major Amendments to the Clean Water Act:
There have been several major amendments to the CWA since its enactment in 1972. Some of the most significant amendments include:
The Clean Water Act of 1977, also known as the Clean Water Act Amendments of 1977 (December 27, 1977 P.L. 95-217): CWA of 1977 made several changes to the original Clean Water Act of 1972. One of the main changes was the expansion of the National Pollutant Discharge Elimination System (NPDES), which is a permit program that regulates point sources that discharge pollutants into navigable waters of the United States. The amendments required more stringent effluent limitations, new discharge standards for toxic pollutants, and stricter enforcement provisions. The 1977 amendments also established a program for controlling nonpoint source pollution, which refers to pollution that comes from diffuse sources, such as agricultural runoff, urban stormwater runoff, and atmospheric deposition. Additionally, the amendments provided funding for construction of publicly owned treatment works and for upgrading existing facilities. The law also required the EPA to establish water quality criteria for pollutants and to develop total maximum daily loads (TMDLs) for impaired waters.
Water Quality Act of 1987: (February 4, 1987, P.L. 100-4): This amendment added provisions to the CWA to address toxic pollutants, wetlands protection, and water quality standards. It also required states to develop and implement plans to control non-point source pollution.
Oil Pollution Act of 1990: (August 18, 1990, P.L. 101-330): This amendment strengthened the CWA's response to oil spills and required facilities to prepare and submit spill prevention plans.
Water Infrastructure Improvements for the Nation (WIIN) Act of 2016: (December 16, 2016, P.L. 114-322): This amendment addressed several water-related issues, including water storage, flood control, and infrastructure improvements. It also authorized funding for projects related to drinking water and wastewater treatment.