[PPT] The Clean Water Act & its Loopholes.

1. The Clean Water ActThe Clean Water Act

2. The CWA’s GoalsThe CWA’s Goals
•• Legislative/Historical BackgroundLegislative/Historical Background
– The Cuyahoga River fire (1969)The Cuyahoga River fire (1969)
– The Santa Barbara oil spill (‘69)The Santa Barbara oil spill (‘69)
•• Goals:Goals:
(1) “To restore & maintain the(1) “To restore & maintain the
chemical, physical, & biologicalchemical, physical, & biological
integrity of the nation’s waters.”integrity of the nation’s waters.”
(2) “To eliminate the discharge of all pollutants into(2) “To eliminate the discharge of all pollutants into
navigable waters by 1985 & make all of our waters safenavigable waters by 1985 & make all of our waters safe
for fishing & swimming by 1983.”for fishing & swimming by 1983.”
InIn 19721972 the CWA became law over President Nixon’sthe CWA became law over President Nixon’s
veto.veto.

3. Types of Water PollutionTypes of Water Pollution
PathogensPathogens: bacteria & viruses: bacteria & viruses
Conventional OrganicsConventional Organics: waste from food: waste from food
processing, industry, & oil refineries.processing, industry, & oil refineries.
Toxic OrganicsToxic Organics: manufactured chemicals: manufactured chemicals
Dangerous in very small amounts.Dangerous in very small amounts.
Degrade slowlyDegrade slowly
Move up the food chainMove up the food chain
((bioaccumulatebioaccumulate))
NutrientsNutrients: nitrogen fertilizers: nitrogen fertilizers

4. Dead ZonesDead Zones

5. How Deadly Is Water Pollution?How Deadly Is Water Pollution?
• There is no reliable answer toThere is no reliable answer to
this question because:this question because:
–Odorless & tasteless toxins areOdorless & tasteless toxins are
consumed without realizing it.consumed without realizing it.
–Doctors are unfamiliar withDoctors are unfamiliar with
water pollution diagnostics &water pollution diagnostics &
dangers.dangers.

6. Is Bottled Water Better?Is Bottled Water Better?
That depends on your tap water & the water you buy.That depends on your tap water & the water you buy.
Bottled water has fewer regulatory controls over itBottled water has fewer regulatory controls over it
than tap water. Most bottled water is tap water.than tap water. Most bottled water is tap water.

7. Where Does Your WaterWhere Does Your Water
Come From?Come From?
• The East Bay gets its water from the upperThe East Bay gets its water from the upper
Mokelumne River.Mokelumne River.

8. Controlling Pollution by SourceControlling Pollution by Source
The CWA tries to control 2 types of waterThe CWA tries to control 2 types of water
pollution as defined by their source…pollution as defined by their source…
•• Point Source PollutionPoint Source Pollution
• is defined as "is defined as "any discernible, confined & discreteany discernible, confined & discrete
conveyanceconveyance," including such things as pipes & ditches.," including such things as pipes & ditches.
Thus, factories, pulp & paper mills, food processingThus, factories, pulp & paper mills, food processing
plants, wastewater treatment plants—any facilityplants, wastewater treatment plants—any facility
which directly discharges pollutants into a body ofwhich directly discharges pollutants into a body of
water—are point source polluters & must obtain awater—are point source polluters & must obtain a
permit.permit.
•• Non-Point Source PollutionNon-Point Source Pollution
• Includes all other sources of water pollution: urban,Includes all other sources of water pollution: urban,
agricultural, timber & mining run-off from dispersedagricultural, timber & mining run-off from dispersed
sources.sources.

9. The NPDES Permit SystemThe NPDES Permit System
Point Source Pollution is regulated byPoint Source Pollution is regulated by
NPDES permits.NPDES permits.
Point source polluters cannotPoint source polluters cannot dischargedischarge
pollutionpollution into theinto the navigable waters of the USnavigable waters of the US
without obtaining a permit that requires themwithout obtaining a permit that requires them
to useto use economically feasible controleconomically feasible control
technologiestechnologies to reduce & treat their effluents.to reduce & treat their effluents.
*These are:*These are:
technology-based standardstechnology-based standards
*National Pollution Discharge Elimination System*National Pollution Discharge Elimination System

10. Permit ConditionsPermit Conditions
• NPDES permits contain several types ofNPDES permits contain several types of
conditions.conditions. The most important areThe most important are
limitations on the quantities orlimitations on the quantities or
concentrations of pollutants that can beconcentrations of pollutants that can be
discharged.discharged. These areThese are called effluentcalled effluent
limitations.limitations.
• Effluent limitations are dependent on theEffluent limitations are dependent on the
type of pollutant & the type of discharger.type of pollutant & the type of discharger.
– In setting these limitations, three broad categories ofIn setting these limitations, three broad categories of
pollutants are identified:pollutants are identified: conventional, nonconventionalconventional, nonconventional
& toxic.& toxic.
• Conventional pollutants can be treated by sewageConventional pollutants can be treated by sewage
treatment facilities; the other 2 can’t.treatment facilities; the other 2 can’t.

11. States Issue & Enforce NPDES PermitsStates Issue & Enforce NPDES Permits
• States issue NPDES permits under EPA oversight.States issue NPDES permits under EPA oversight.
• NPDES permits are issued following a number of steps:NPDES permits are issued following a number of steps:
1) A draft permit is prepared.1) A draft permit is prepared.
2) Public comment (sometimes a public meeting).2) Public comment (sometimes a public meeting).
3) A final permit is issued.3) A final permit is issued.
4) If the polluter objects to the conditions of the permit an4) If the polluter objects to the conditions of the permit an
administrative hearing may be held.administrative hearing may be held.
5) Parties may appeal this decision to the EPA administrator.5) Parties may appeal this decision to the EPA administrator.
– If all this fails to satisfy the parties involved, the conflictIf all this fails to satisfy the parties involved, the conflict
moves to the courtsmoves to the courts..
– THE PERMIT SHIELD: If a facility is meeting theTHE PERMIT SHIELD: If a facility is meeting the
specific requirements of its permit, it is not subjectspecific requirements of its permit, it is not subject
to prosecution with respect to the pollutants itto prosecution with respect to the pollutants it
discharges.discharges.

12. EXPIRED PERMITSEXPIRED PERMITS
• Nationwide, aboutNationwide, about
one quarter of allone quarter of all
major water pollutersmajor water polluters
(more than 1,690(more than 1,690
facilities) arefacilities) are
operating withoutoperating without
current permits tocurrent permits to
discharge wastes todischarge wastes to
the nation’s waters.the nation’s waters.

13. Water Quality Standards & LimitsWater Quality Standards & Limits
• Water quality standards are a kind of "safetyWater quality standards are a kind of "safety
net" in NPDES permitsnet" in NPDES permits, if technology-based, if technology-based
limits aren’t sufficiently stringent to ensure thatlimits aren’t sufficiently stringent to ensure that
state water quality goals are met.state water quality goals are met.
• Water Quality Standards are set by the states.Water Quality Standards are set by the states.
• WQS are based on the use(s) that the body ofWQS are based on the use(s) that the body of
water is designated for:water is designated for:
– Public water supply, recreation & fishing,Public water supply, recreation & fishing,
agricultural, industrial, navigation, etc.agricultural, industrial, navigation, etc.

14. Why WQS Rarely Work…Why WQS Rarely Work…
• With the exception of interstate pollutionWith the exception of interstate pollution, water, water
quality based controls have rarely worked because ofquality based controls have rarely worked because of
the nearly insurmountable scientific, political & legalthe nearly insurmountable scientific, political & legal
difficulties in determining:difficulties in determining:
– the cause of any particular drop in water qualitythe cause of any particular drop in water quality
– an appropriate allocation of reductions among diversean appropriate allocation of reductions among diverse
dischargers, none of whom wish to accept responsibility.dischargers, none of whom wish to accept responsibility.
– the desired use of the streamthe desired use of the stream
– the actual water quality of the streamthe actual water quality of the stream
– the effects of a single discharge & the cumulative impactthe effects of a single discharge & the cumulative impact
of multiple dischargesof multiple discharges
Instead, standards & designations are frequentlyInstead, standards & designations are frequently
lowered as the quality of a water body declines.lowered as the quality of a water body declines.

15. MIXING ZONESMIXING ZONES
Mixing zones are established inMixing zones are established in
areas where water qualityareas where water quality
standards may be violated.standards may be violated.
Zones can range from
a few feet in front of a
discharge pipe to a
water boundary
several miles from the
point of discharge.
Zones can range from
a few feet in front of a
discharge pipe to a
water boundary
several miles from the
point of discharge.
Polluters can dump pollutants that violate WQSPolluters can dump pollutants that violate WQS
inside these mixing zones as long as they meet waterinside these mixing zones as long as they meet water
quality standards when measured outside the zone.quality standards when measured outside the zone.

16. Sewage System ExclusionSewage System Exclusion
• Dumping industrial chemicals down the drainDumping industrial chemicals down the drain
requires no NPDES permit.requires no NPDES permit.
– Industries that dump waste water down the sewer (instead ofIndustries that dump waste water down the sewer (instead of
directly into rivers or streams) are classified as "minordirectly into rivers or streams) are classified as "minor
indirect dischargers” under the CWA, regardless of theindirect dischargers” under the CWA, regardless of the
volume or toxicity of their pollution.volume or toxicity of their pollution.
• To do this legally, onlyTo do this legally, only “pretreatment”“pretreatment” is requiredis required
to protect sewage treatment plants.to protect sewage treatment plants.
– This allows industrial polluters to by-pass NPDES permitsThis allows industrial polluters to by-pass NPDES permits
& RCRA hazardous waste disposal.& RCRA hazardous waste disposal.
– Pretreatment violations are very difficult to detect &Pretreatment violations are very difficult to detect &
punish by Municipal Sewage Treatment Operators.punish by Municipal Sewage Treatment Operators.
• TheseThese Publically Owned Treatment Works (POTWs)Publically Owned Treatment Works (POTWs) don’t havedon’t have
the funds or the political will to enforce pretreatment.the funds or the political will to enforce pretreatment.
• States are not required to report violators to the EPA.States are not required to report violators to the EPA.

17. Industrial Dumping & Toxic SludgeIndustrial Dumping & Toxic Sludge
Toxic Sludge…
Or Great Fertilizer?

18. TOXIC SLUDGE or FERTILIZER?TOXIC SLUDGE or FERTILIZER?
Sludge is theSludge is the potentiallypotentially hazardous by-hazardous by-
product of sewage treatment.product of sewage treatment.
• If uncontaminated by industrialIf uncontaminated by industrial
chemicals, it can be sold as fertilizer.chemicals, it can be sold as fertilizer.
• If contaminated, it must be treated asIf contaminated, it must be treated as
RCRA hazardous waste.RCRA hazardous waste.
* By 1987, more than 160,000 industrial facilities were* By 1987, more than 160,000 industrial facilities were
discharging more than one trillion gallons ofdischarging more than one trillion gallons of
wastewater containing RCRA hazardous wastes intowastewater containing RCRA hazardous wastes into
municipal sewers each year.municipal sewers each year.

19. What’s In Sludge?What’s In Sludge?
• Toxic sludge contains an unpredictable mix ofToxic sludge contains an unpredictable mix of
heavy metals, PCBs, dioxins, many syntheticheavy metals, PCBs, dioxins, many synthetic
chemicals & industrial solvents, radioactivechemicals & industrial solvents, radioactive
waste, medicines, pesticides, asbestos,waste, medicines, pesticides, asbestos,
petroleum byproducts, bacteria, viruses & otherpetroleum byproducts, bacteria, viruses & other
hazardous residues.hazardous residues.
• More than 60,000 toxic substances & chemicalMore than 60,000 toxic substances & chemical
compounds can be found in sludge.compounds can be found in sludge.
– Toxic sludge reclassified as fertilizer can be soToxic sludge reclassified as fertilizer can be so
contaminated it cannot be legally land-filled, but it iscontaminated it cannot be legally land-filled, but it is
exempt from classification as RCRA hazardous wasteexempt from classification as RCRA hazardous waste
because it is a “marketable product.”because it is a “marketable product.”

20. Making Sludge “Safe” by ChangingMaking Sludge “Safe” by Changing
Its Name & the Numbers…Its Name & the Numbers…
• In 1993, the EPA hired a PR firm to market toxicIn 1993, the EPA hired a PR firm to market toxic
sludge assludge as “biosolids”“biosolids” & sell it as safe for& sell it as safe for
unrestricted use on farms & gardens.unrestricted use on farms & gardens.
– EPA raised the legal limits of acceptable exposure toEPA raised the legal limits of acceptable exposure to
many contaminants so that most of the nation’smany contaminants so that most of the nation’s
sludge could still be classified as “clean.”sludge could still be classified as “clean.”
– The EPA’s new regulations increased the amount ofThe EPA’s new regulations increased the amount of
toxics that could be applied annually to an acre oftoxics that could be applied annually to an acre of
land via sludge. For example:land via sludge. For example:
• LeadLead was raised from 111 to 267 pounds per acre.was raised from 111 to 267 pounds per acre.
• ArsenicArsenic was raised from 12.5 to 36 pounds per acre.was raised from 12.5 to 36 pounds per acre.
• MercuryMercury levels jumped from 13.4 to 50 pounds per acre.levels jumped from 13.4 to 50 pounds per acre.
• ChromiumChromium shot from 472 to 2,672 pounds per acre.shot from 472 to 2,672 pounds per acre.

21. From Toxic Sludge to Healthy “Biosolids”?From Toxic Sludge to Healthy “Biosolids”?

22. This advertisement fromThis advertisement from
the Milwaukeethe Milwaukee
Metropolitan SewageMetropolitan Sewage
District boasts thatDistrict boasts that
MilorganiteMilorganite, an, an
"organic fertilizer""organic fertilizer"
made from sewagemade from sewage
sludge, is now EPA-sludge, is now EPA-
approved for use onapproved for use on
vegetables.vegetables.
TOXIC SLUDGE IS GOOD FOR YOU!TOXIC SLUDGE IS GOOD FOR YOU!

23. Summing Up: The Major Flaws in the CWA’sSumming Up: The Major Flaws in the CWA’s
NPDES Permit SystemNPDES Permit System
(1) Permits do not require polluters to eliminate pollution or meet health & safety standards. Instead, they require polluters to use the(1) Permits do not require polluters to eliminate pollution or meet health & safety standards. Instead, they require polluters to use the
best treatment technologies they can afford.best treatment technologies they can afford.
(2) State water agencies & the polluters themselves control permit issuance, monitoring, compliance & enforcement, with limited EPA(2) State water agencies & the polluters themselves control permit issuance, monitoring, compliance & enforcement, with limited EPA
oversight.oversight.
(3) The inferior quality of the states’ monitoring, assessment & enforcement--& the EPA’s lax oversight--make it impossible to(3) The inferior quality of the states’ monitoring, assessment & enforcement--& the EPA’s lax oversight--make it impossible to
measure polluters’ compliance with the permit system & the condition of the nation’s waters.measure polluters’ compliance with the permit system & the condition of the nation’s waters.
(4) Because enforcement is sporadic & penalties are low, polluters violate & ignore their permit limitations constantly & seriously.(4) Because enforcement is sporadic & penalties are low, polluters violate & ignore their permit limitations constantly & seriously.
(5) One of every four major polluting facilities operates without permits.(5) One of every four major polluting facilities operates without permits.
(6) The EPA sanctioned use of mixing zones undermines the permit system by allowing polluters to create vast toxic regions that make(6) The EPA sanctioned use of mixing zones undermines the permit system by allowing polluters to create vast toxic regions that make
water unsafe to drink, unfit to play in & incapable of supporting aquatic life.water unsafe to drink, unfit to play in & incapable of supporting aquatic life.
(7) Flaws in the permit system tolerate the disposal of industrial toxins down public sewers. This creates a toxic sludge the EPA(7) Flaws in the permit system tolerate the disposal of industrial toxins down public sewers. This creates a toxic sludge the EPA
deceptively markets as beneficial fertilizer safe for use on America’s farms & gardens.deceptively markets as beneficial fertilizer safe for use on America’s farms & gardens.

24. Non-Point Source (NPS) Water PollutionNon-Point Source (NPS) Water Pollution
AAgricultural, feedlot, mining, timber, stormgricultural, feedlot, mining, timber, storm
drain & urban runoff are neither dischargeddrain & urban runoff are neither discharged
from a pipe nor put down a sewer.from a pipe nor put down a sewer.

25. Agriculture, Timber & Mining Run-OffAgriculture, Timber & Mining Run-Off
Polluted runoff from agriculture, forestry,Polluted runoff from agriculture, forestry,
mining & other sources is the largestmining & other sources is the largest
remaining source of water pollution.remaining source of water pollution.
Under current law, statesUnder current law, states
are required to plan &are required to plan &
utilize cost-effectiveutilize cost-effective
"best management"best management
practices" by landownerspractices" by landowners
at the earliest practicableat the earliest practicable
date.date.

26. Controlling NPS PollutionControlling NPS Pollution
• CWA encourages local planning to controlCWA encourages local planning to control
this type of pollution, but there is almost nothis type of pollution, but there is almost no
effective regulatory controls for NPSeffective regulatory controls for NPS
pollution.pollution.
– In 1990, EPA began awarding grants to states,In 1990, EPA began awarding grants to states,
territories, & tribes with agency-approved,territories, & tribes with agency-approved,
voluntary NPS programs.voluntary NPS programs.
– Cities with a populations over 100,000 & heavyCities with a populations over 100,000 & heavy
industries must have storm water dischargeindustries must have storm water discharge
permits that establish minimum requirementspermits that establish minimum requirements
for preventing storm water pollution.for preventing storm water pollution.