The Clean Water Act: Up Sh*!t Creek

The Clean Water The Clean Water ActAct

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, & biological chemical, 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 safe navigable waters by 1985 & make all of our waters safe for fishing & swimming by 1983.”for fishing & swimming by 1983.”

In In 19721972 the CWA became law over President Nixon’s the CWA became law over President Nixon’s veto.veto.

Types of Water PollutionTypes of Water Pollution

PathogensPathogens: bacteria & viruses: bacteria & virusesConventional 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 slowlyMove up the food chain Move up the food chain ((bioaccumulatebioaccumulate) )

NutrientsNutrients: nitrogen fertilizers: nitrogen fertilizers

Dead ZonesDead Zones

How Deadly Is Water Pollution?How Deadly Is Water Pollution?

• There is no reliable answer to There is no reliable answer to this question because:this question because:–Odorless & tasteless toxins are Odorless & tasteless toxins are

consumed without realizing it.consumed without realizing it.–Doctors are unfamiliar with Doctors are unfamiliar with

water pollution diagnostics & water pollution diagnostics & dangers.dangers.

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 it Bottled 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.

Where Does Your WaterWhere Does Your WaterCome From?Come From?

• The East Bay gets its water from the upper The East Bay gets its water from the upper Mokelumne River.Mokelumne River.

Controlling Pollution by SourceControlling Pollution by SourceThe CWA tries to control 2 types of water The 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 & discrete any discernible, confined & discrete conveyanceconveyance," including such things as pipes & ditches. ," including such things as pipes & ditches. Thus, factories, pulp & paper mills, food processing Thus, factories, pulp & paper mills, food processing plants, wastewater treatment plants—any facility plants, wastewater treatment plants—any facility which directly discharges pollutants into a body of which directly discharges pollutants into a body of water—are point source polluters & must obtain a water—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 dispersed agricultural, timber & mining run-off from dispersed sources.sources.

The NPDES Permit SystemThe NPDES Permit System

Point Source Pollution is regulated by Point Source Pollution is regulated by NPDES permits.NPDES permits.Point source polluters cannot Point source polluters cannot discharge discharge pollutionpollution into the into the navigable waters of the US navigable waters of the US without obtaining a permit that requires them without obtaining a permit that requires them to use to use economically feasible control economically 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

Permit ConditionsPermit Conditions• NPDES permits contain several types of NPDES permits contain several types of

conditions. conditions. The most important are The most important are limitations on the quantities or limitations on the quantities or concentrations of pollutants that can be concentrations of pollutants that can be discharged. discharged. These are These are called effluent called effluent limitations.limitations.

• Effluent limitations are dependent on the Effluent 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 of In setting these limitations, three broad categories of

pollutants are identified: pollutants are identified: conventional, nonconventional conventional, nonconventional & toxic.& toxic.• Conventional pollutants can be treated by sewage Conventional pollutants can be treated by sewage

treatment facilities; the other 2 can’t. treatment facilities; the other 2 can’t.

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 an 4) 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 conflict If 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 the THE PERMIT SHIELD: If a facility is meeting the

specific requirements of its permit, it is not subject specific requirements of its permit, it is not subject to prosecution with respect to the pollutants it to prosecution with respect to the pollutants it discharges. discharges.

EXPIRED PERMITSEXPIRED PERMITS• Nationwide, about Nationwide, about

one quarter of all one quarter of all major water polluters major water polluters (more than 1,690 (more than 1,690 facilities) are facilities) are operating without operating without current permits to current permits to discharge wastes to discharge wastes to the nation’s waters.the nation’s waters.

Water Quality Standards & LimitsWater Quality Standards & Limits• Water quality standards are a kind of "safety Water 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 that limits 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 of WQS 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.

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 of quality based controls have rarely worked because of the nearly insurmountable scientific, political & legal the 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 diverse an 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 impact the effects of a single discharge & the cumulative impact

of multiple dischargesof multiple discharges

Instead, standards & designations are frequently Instead, standards & designations are frequently lowered as the quality of a water body declines. lowered as the quality of a water body declines.

MIXING ZONESMIXING ZONESMixing zones are established in Mixing zones are established in

areas where water quality areas 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 WQS Polluters can dump pollutants that violate WQS inside these mixing zones as long as they meet water inside these mixing zones as long as they meet water quality standards when measured outside the zone.quality standards when measured outside the zone.

Sewage System Sewage System ExclusionExclusion • Dumping industrial chemicals down the drain Dumping industrial chemicals down the drain

requires no NPDES permit.requires no NPDES permit.– Industries that dump waste water down the sewer (instead of Industries that dump waste water down the sewer (instead of

directly into rivers or streams) are classified as "minor directly into rivers or streams) are classified as "minor indirect dischargers” under the CWA, regardless of the indirect dischargers” under the CWA, regardless of the volume or toxicity of their pollution.volume or toxicity of their pollution.

• To do this legally, only To do this legally, only “pretreatment” “pretreatment” is required is required to protect sewage treatment plants.to protect sewage treatment plants.– This allows industrial polluters to by-pass NPDES permits This 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.• These These Publically Owned Treatment Works (POTWs) Publically Owned Treatment Works (POTWs) don’t have don’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.

Industrial Dumping & Toxic SludgeIndustrial Dumping & Toxic Sludge

Toxic Sludge…

Or Great Fertilizer?

TOXIC SLUDGE or FERTILIZER?TOXIC SLUDGE or FERTILIZER?TOXIC SLUDGE or FERTILIZER?TOXIC SLUDGE or FERTILIZER?Sludge is the Sludge is the potentiallypotentially hazardous by- hazardous by-

product of sewage treatment.product of sewage treatment.• If uncontaminated by industrial If uncontaminated by industrial

chemicals, it can be sold as fertilizer.chemicals, it can be sold as fertilizer.• If contaminated, it must be treated as If contaminated, it must be treated as

RCRA hazardous waste.RCRA hazardous waste.

Sludge is the Sludge is the potentiallypotentially hazardous by- hazardous by-product of sewage treatment.product of sewage treatment.

• If uncontaminated by industrial If uncontaminated by industrial chemicals, it can be sold as fertilizer.chemicals, it can be sold as fertilizer.

• If contaminated, it must be treated as If 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 of discharging more than one trillion gallons of wastewater containing RCRA hazardous wastes into wastewater containing RCRA hazardous wastes into municipal sewers each year.municipal sewers each year.

* By 1987, more than 160,000 industrial facilities were * By 1987, more than 160,000 industrial facilities were discharging more than one trillion gallons of discharging more than one trillion gallons of wastewater containing RCRA hazardous wastes into wastewater containing RCRA hazardous wastes into municipal sewers each year.municipal sewers each year.

What’s In Sludge?What’s In Sludge?• Toxic sludge contains an unpredictable mix of Toxic sludge contains an unpredictable mix of

heavy metals, PCBs, dioxins, many synthetic heavy metals, PCBs, dioxins, many synthetic chemicals & industrial solvents, radioactive chemicals & industrial solvents, radioactive waste, medicines, pesticides, asbestos, waste, medicines, pesticides, asbestos, petroleum byproducts, bacteria, viruses & other petroleum byproducts, bacteria, viruses & other hazardous residues.hazardous residues.

• More than 60,000 toxic substances & chemical More 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 so Toxic sludge reclassified as fertilizer can be so

contaminated it cannot be legally land-filled, but it is contaminated it cannot be legally land-filled, but it is exempt from classification as RCRA hazardous waste exempt from classification as RCRA hazardous waste because it is a “marketable product.” because it is a “marketable product.”

Making Sludge “Safe” by Changing Making Sludge “Safe” by Changing Its Name & the Numbers…Its Name & the Numbers…

• In 1993, the EPA hired a PR firm to market toxic In 1993, the EPA hired a PR firm to market toxic sludge as sludge 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 to EPA raised the legal limits of acceptable exposure to

many contaminants so that most of the nation’s many 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 of The EPA’s new regulations increased the amount of toxics that could be applied annually to an acre of toxics 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.

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

This advertisement from This advertisement from the Milwaukee the Milwaukee Metropolitan Sewage Metropolitan Sewage District boasts that District boasts that MilorganiteMilorganite, an , an "organic fertilizer" "organic fertilizer" made from sewage made from sewage sludge, is now EPA-sludge, is now EPA-approved for use on approved for use on vegetables.vegetables.

TOXIC SLUDGE IS GOOD FOR YOU!TOXIC SLUDGE IS GOOD FOR YOU!

Summing Up: The Major Flaws in the CWA’s Summing 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 (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.require polluters to use the best treatment technologies they can afford.

(2) State water agencies & the polluters themselves control permit issuance, monitoring, compliance & (2) State water agencies & the polluters themselves control permit issuance, monitoring, compliance &

enforcement, with limited EPA oversight.enforcement, with limited EPA oversight.

(3) The inferior quality of the states’ monitoring, assessment & enforcement--& the EPA’s lax oversight--(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 make it impossible to measure polluters’ compliance with the permit system & the condition of the

nation’s waters.nation’s waters.

(4) Because enforcement is sporadic & penalties are low, polluters violate & ignore their permit (4) Because enforcement is sporadic & penalties are low, polluters violate & ignore their permit

limitations constantly & seriously.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 (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 create vast toxic regions that make water unsafe to drink, unfit to play in & incapable of supporting

aquatic life.aquatic life.

(7) Flaws in the permit system tolerate the disposal of industrial toxins down public sewers. This creates (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 & a toxic sludge the EPA deceptively markets as beneficial fertilizer safe for use on America’s farms &

gardens.gardens.

Non-Point Source (NPS) Water PollutionNon-Point Source (NPS) Water PollutionAAgricultural, feedlot, mining, timber, storm gricultural, feedlot, mining, timber, storm

drain & urban runoff are neither discharged drain & urban runoff are neither discharged from a pipe nor put down a sewer. from a pipe nor put down a sewer.

Agriculture, Timber & Mining Run-OffAgriculture, Timber & Mining Run-OffPolluted runoff from agriculture, forestry, Polluted runoff from agriculture, forestry, mining & other sources is the largest mining & other sources is the largest remaining source of water pollution.remaining source of water pollution.

Under current law, states Under current law, states are required to plan & are required to plan & utilize cost-effective utilize cost-effective "best management "best management practices" by landowners practices" by landowners at the earliest practicable at the earliest practicable date. date.

Controlling NPS PollutionControlling NPS Pollution• CWA encourages local planning to control CWA encourages local planning to control

this type of pollution, but there is almost no this type of pollution, but there is almost no effective regulatory controls for NPS effective 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 & heavy Cities with a populations over 100,000 & heavy industries must have storm water discharge industries must have storm water discharge permits that establish minimum requirements permits that establish minimum requirements for preventing storm water pollution. for preventing storm water pollution.