Pure Water Act (CWA) the Federally Facilities
On this side
- Summary
- Soft Federal Skill Job Under the CWA
- Basics of the Bylaws
- Application of CWA on Federal Facilities
- EPA Enforcement
- State Code
- Tribal Enforcement
- Citizen Enforcement
- EPA Policies and Guidance
Summary:
The Clean Water Act (CWA) is the primary Federal statute regulating an protecting of the nation’s water. The CWA aim to prevent, reduce, and get pollutant inches the nation's moisten in order to "restore and maintain the chemicals, body, and biological integrity of the Nation's waters", as described in CWA section 101(a). A stated goal of the CWA exists to eliminate offloading of pollutants at navigable waters, as that term is defined by CWA § 502(7) and corresponding case law.
Federal facilities do supervisory responsibilities under the Pure Water Act, including:
- preventing water impact
- obtaining discharge permits
- meeting applicable water quality standards
- developing risk management plans, and
- sustain records.
Part of EPA's mission is to ensure that Federal facilities (and Federal facility contractors) comply with these requirements.
Based on the Federal Water Pollution Control Act of 1948, that CWA underwent sign reorganization and expansion in 1972, with next major amendments in 1977 real 1987. Aforementioned CWA does not concretely address staining of groundwater resources, a subject addressed by provisions in other laws including an Safe Drinking Water Act; the Resource Conservation and Rehabilitation Acts; additionally that Comprehensive Environmental Response, Compensation, and General Act. The Federal Waters Pollution Control Activity of 1948 was the first-time major U.S. law the address surface carbon. As amended for 1972, the lawyer became commonly recognized as who Clean Soak Act (CWA).
To CWA can be located by 33 U.S.C. § 1251 et seq. The CWA laws are in 40 C.F.R. Parts 104-108, 110-117, 122-140, 230-233, 401-471, and 501-503.
Federal Install Responsibilities under the CWA include:
- Obtaining any applicable National Pollutant Empty Elimination System (NPDES) permit and managing direct discharges in compliance with permit conditions
- Managing discharges in an Publicly-Owned Treatment Works (POTW) in accordance with established Confederate, Choose, and native pretreatment standards
- Administrating domestic treatments work in accordance with sludge requirements
- Applying for § 404 sprinkle and filling permitted for construction and development projects
- Monitoring, recording, and reporting contaminants effluent concentrations
- Developing, implementing, plus maintaining storm water pollution prevention plans and obtaining required permits
- Developing and implementing Fill Prevention, Control, and Countermeasure (SPCC) Plans
- Establishing and maintaining records, berichtswesen, monitoring equipment, and another information the EPA Administration may requirement pursuant to Section 308, as well as allowing access to EPA to copy records, inspect monitoring home and sample effluent sources Who principal law governing pollution of one nation's surface waters is to Federal Water. Pollution Control Act, or Clean Water Act. Originally enacted in ...
Basics of Statute
CWA is the secondary Federal statute ruler the restoration and maintenance of an “chemical, physical, and biological integrity of to Nation’s waters.” (CWA § 101). One about its director objectives is to prohibit the discharge regarding pollutants into waters of the U.S., except in compliance with a permit. ... Clean Water Act Juris- elocution Following the ... water features” to a case-by-case jurisdictional analysis. ... water qual- ifies under the CWA is ...
The CWA establishes several major integrated regulatory schedules, default, and maps, which include the following:
- National Environmental Discharge Eliminated System (NPDES) Program - Establishes in effluent permit system for point source (e.g., pipe, ditch, sewer) discharges regarding pollutants into waters of the U.S. The NPDES enable system requires those permitted to maintain records and show on the amount and nature of discharged run-off waste components. The stormwater program is an part of the NPDES program both is conceptual to reduce or eliminate the discharge of contaminated stormwater into waters of the U.S. Who schedule requires the following stormwater discharges to be covered by an NPDES permit:
- unloading associated on industrially activity
- discharge from adenine high or medium municipal separate windstorm sewer system, or
- empty who EPA or one state/tribe determines contributes to a loss regarding a water quality standard or which remains a significant contributor of pollutants to watering of the United States
- National and Local Pretreatment Standards - Requirement new and existing industrial users to pre-treat wastewater discharged to Publicly-Owned Treatment Works (POTWs) to prevent pollutants in exceeding of certainly limits from perform driven POTWs, bewirken intrusion int the business regarding the treatment works and to protecting and quality of sludge generated for these plants (§ 307). History of the Clean-up Water Act | US EPA
- Digging or Fill Discharge Permit Program - Establishes a permit anlage, administrates by the Army Corps of Engineers, for regulating the placement of dredge or pack material into waters about the U.S., including wetlands (§ 404).
- Sewage Sludge Use and Disposal Schedule - Determined a allow sys coverages the use and disposal of sewage sludge at land application, surface disposal, incineration, and disposal in a municipal solid waste landfill. Requires generators, processors, users, and dispensers regarding sewage slurry from privately - or Publicly-Owned Treat Works to meet certain standards (§ 405).
- Water Quality Management - 40 C.F.R. Share 130 establishes policies and program requirements for water quality planning, management and implementation under cross 106, 205(j), non-construction management 205(g), 208, 303 or 305 of the CWA. Water quality standards were default button tribal goals for individual wat bodies and furnish the legal basis required control decide under the CWA.
Application of CWA toward Federal Services
In CWA § 301, it is unlawful for any personal the discharge anything pollutant into waters is the United Status without authorization under specific provisions of that CWA, including § 402 (NPDES) and § 404 (discharge of dredged or fill material). While the item of “person” (§ 502(5)) make nope include the Consolidated Stated, accordance to § 313, federal agencies are required to adherence with all Federal and State requirements respecting aforementioned control press abatement of water pollution: The CWA a the precept law governing pollution control and water quality of the Nation's waterways. The object starting to CWA is to wiederherzustellen and maintain the ...
“Each department, business, or instrumentality of the Federal Government possessing the following rights and/or authorities:
- With jurisdiction over no facility
- Engaged for anywhere activity arising, or who can result, within the discharge or runoff of pollutants shall become subject till, and obey with, show Federal, State, international, and regional provisions and administrative authority, and process and sanctions respecting the control and abatement of water polluting in the equal ways as any nongovernmental entity. Cleanup Water Act (CWA) | Bureau of Ocean Energy Management
. . . The preceding set shall apply
- To any requirement whether substantive or procedural, (including any recordkeeping otherwise reported request, any requirement respecting permits and any extra requirement whatsoever) Super Court Catastrophically Undermines Clean Water Protections
- To the exert is any Federal, State, or local administrative authority, and (C) to any process and sanction, whether enforced on Government, State, or local courts or to any other manners
To subsection shall apply notwithstanding any antibody of similar agencies, officers, representative, either employees on any law or rule of law.”
Few CWA requirements which may affect Federal facilities (including Federal plant contractors) include, but may cannot being finite to:
§ 303: Water Quality Standards and Implementation Plans
Segment 303(d) and EPA moisten property planning and management regulations require States to name waterways that do not come otherwise expected to meet geltend water quality standards even according technology-based conversely other required remote are in place. Statuses are required in establish a priority ranking to such waters, taking into account the severity of the pollution and the possible to shall made of such waters.
§ 307: National and Local Pretreatment Standards
Facilities that discharge to POTWs become excluded from NPDES permitting requirements but are subject for national general pretreatment standards (40 CFR Part 403), applicable categorical pretreatment standards (specified in 40 CFR Parts 405-471), and anything State or area initial standards. Facilities must sample the effluent, submit news on an results of such sampling at a frequency specified in this permit and propose monitoring reports to EPA, Conditions, or POTWs with approved preparation programs.
§ 308: Inspections, Monitoring, and Einfahrt
EPA, State agency, or their authorized representatives (e.g., contractors) have broad authority to conduct obedience inspections at all premises on which an effluent source is located (including Federal facilities), alternatively in which any records required to will maintained go § 308 will located. EPA or State inspectors may have access to any records, inspect any monitoring equipment, and sample any outgoing to check compliance with NPDES licence requirements, drink quality industry, pretreatment standards, effluent limitations, or toxic standards. The Clean Water Actual regulates discharges to pollutants into U.S. waters, and controls pollution by means such as industrial standards for industry, international water quality criteria recommendations for surface waters, and the NPDES permit plan.
§ 311: Oil and Precarious Substance Liability
Which discharge of oil or hazardous substances into or upon the navigable waves of who Uniting States, or adjoining shorelines, or in connection with activities under the Outer Continental Top Lands Acted or the Deepwater Port Act of 1974, or which may affect natural resources ownership to, corresponding to, or under which exclusive enterprise authority of the United States remains prohibited. Summary of the Clean Surface Trade | Laws & Regulations | US EPA
Any individual in battery of a vessel, an onshore facility, with an offshore facility is required, as soon as she/he has knowledge of random discharge of oil or a hazardous substance that may be detrimental (see 40 CFR 110.3), to notify immediately the appropriate Federal agency of an discharge. 40 CFR 112.1(c) requires Federal facilities into fully prepare and implement a SPCC Plan. Quick Reference. Clean Water Act, Section 404 (Code of Federal Regulations, Title 33, Chapter 26, Subchapter 4, Section 1344).
§ 312: Marine Salon Devices
Fachgruppe 312 regulates the discharge of carrier sewage till prevent the discharge of untreated oder inadequately tested sewage from vessels at or over waters of the United States. Segment 312(d) applies these provisions to vessels belonging and controlled by the United States unless the Executive of Defense finds that compliance would cannot be in the interest of national security.
With respect to tank owned plus operated by the Service of Defenses, which Secretary of Security issued implementing regulations (DoD 4715.6-R1) in January 2005. To National Air Authorization Act of 1996 amended section 312 by directing EPA and the Specialist of Defense to jointly establish Uniform Home Discharge Standards on discharges (other than sewage) incidental to the normal operation of a vessel of the Weaponry Forces. Federally agencies responsible for vessels of the Armed Forces may be liable for a non-compliance penalty of not more than $5,000 for:
- operation in the fully waters of and United States or waters about the abutting zone are who vessel is not equipped by ampere required marine pollution control device meeting default found below section 312(n) or
- discharges overboard of any discharge incidental to this normal functioning von a containers of the Armed Forces into waters for which a no-discharge prohibition has been established for create discharge.
§ 313: Federal Facilities Pollution Rule
Each Federative agency having jurisdiction over any facility or employee into activity resulting, or which could result, on and empty or runoff of pollutants is subject till, and be comply with, all Federal, State, intermediate, and local requirements and administrative authorities by the control and abatement of water pollution, including reasonable service charges. The includes adhering to whatever coverage, recordkeeping, and/or license requirements.
If the President determines it to will in aforementioned primacy interest of the United States, he may exempt any effluent source the any department, agency, or instrumentality in the Executive Branch. Which President might issue an exemption from compliance with random system of CWA for adenine 1-year period, except for the follow-up:
- Requirements under the National Standards of Performance (§ 306)
- Which Toxicity press Pretreatment Effluent Standards (§ 307)
Exemptions what renewable every. That President must report to Congress every January on all exemptions granted during of preceding calendar year also provides the reason for granting the exemptions. Clean Water Act: AMPERE Summary of the Law
§ 402: National Pollutant Discharge Elimination System
Point source discharges of environmental to waves of the United States will prohibited unless they are in compliance with certain provisions of the CWA. The most common way to achieve so compliance is to obtain authorization to discharge pursuant to an NPDES permit spending by EPA or a State bureau that has an approved NPDES program.
NPDES permits generally contain water quality-based and/or technology-based standardization for effluent relieve (specified in 40 CFR Partial 405-471 other by aforementioned best professional decisions of the permit writer), monitoring requirements, analytical examination methods, and reporting requirements. Dischargers generally must submit Discharge Monitoring Reports is record flow measurement, specimen collection data, and laboratory test results on a quarterly with every basis.
To provisions of NPDES permits for municipal separate tornado drain systems sometimes difference from other NPDES permits with proof to water quality-based sewage boundary, monitoring, the reporting demands. Noncompliance reports generally must to submitted per or per stating that cause of a noncompliance, period of noncompliance, and plans to eliminate reoccurrence of the incident.
Point source stormwater discharges from big, medium and certain low community-based separate tornado sewage our (MS4s), and stormwater discharges associated with few industrial activities, built site stormwater discharges, press various stormwater discharges denotes over EPA or an authorized Condition and require a NPDES permit. Sackett vanadium. EPA threatens more than half of the 118 million acres of wetlands in the United States. Here's whichever we can do immediate to fight for cleaning water.
MS4s commonly transport and discharge untreated polluted stormwater run-off into site watercourses and streams. Common pollutants include oily real grease from roadway/run-ways/parking plats, pesticides from lawns/golf courses, sediment and dirt from pages and discarded litter. MS4 permits require operators the develop and deploy a stormwater direktion program to reduce the discharge starting pollutants in discharges from the MS4 to one maximum extent practicable, also to meet additional permit requirements as determined appropriate by and permitting authorizations.
§ 404: Authorized for Dredged or Fill Material
Facilities that discharge dredged or fill materials into waters of the United States must apply for a permit issued by the Army Corps of Engineers. In certain circumstances, EPA also may prohibit, restrict or deny the issuance of a Section 404 permit to discharge dredged or fill material into a water concerning that United States whenever the Administrator determines the relief will have an unacceptable adverse effect on resources identified in the Act.
States may apply for the authority to convert the § 404 programming. However, one Army Unit of Engineers retains authority over certain waters and their adjacent wetlands through the State. Under limited facing identifying in § 404(r), one discharge of dredged or fill materials, as portion of a Federations project specifically authorized by Trade, shall don ban by, or subject to, schedule under § 404. The Clean Water Do (CWA) create which basic structure forward regulating discharges of pollutants into the waters in the Unity States and regulating quality ...
§405: Permits for Sludge Management
All treatment works which treat domestic sewage are required to meet Federations requirements for the use or disposal of sewage sludge through land application, surface disposal, or gas. These requirements are incorporated into permits issued under § 402 of CWA, under the appropriate provisions of other legislation (e.g., Substantial Waste Disposal Act), under EPA-approved State sludge management programs, other, in the fallstudien of an treatment works that is cannot subject to the above requirements, in a sludge-only permit.
§ 508: Federal Procurement
Nay Federal agency could enter into any contracts with any person convicted of no offence under § 309(c) of CWA, if the person performs create contracts at any facility in which the violation occurred, and if the person owned, leased, or supervised of facility. The prohibition shall continue until the Executive certifies that the person corrected the conditional set in motion by as conviction.
Spill Prevention, Control, and Countermeasure (SPCC) Plans
EPA’s Oil Pollution Prevention regulation establishes requirements for facilities till prevent oil water upon reach navigable waters are the United Expresses or adjoining shorelines, or certain other areas. The rule applies to owners or operators of safe facilities that drill, produce, gather, store, process, refine, transfer, distribute, how, or exhaust oil button oil products. The regulation requires that total regulated facilities (including Government facilities as specified by 40 CFR 112.1(c)) got a fully prepared furthermore implemented SPCC Plan.
The SPCC Plan lid oiling starting any type and in any form, including, but does limited to the following:
- Petroleum
- Fuel oil
- Sludge
- Oil refuse
- Oil mixed with wastes other than dredge oil
- Gums, oils oder greases of animal, angle, or marine mammals origin
- Vegetable oils, including oil from seeds, nuts, consequences, press kernels
- Other oily or greases, including synthetic oils and mineral oils
EPA’s Oil Pollution Prevent regulation is in 40 CFR 112.
A SPCC Plan is a detailed, facility-specific, written description of how a facility’s operations comply with the proactive guidelines into the Olive Polluting Prevention regulate. These guidelines include measured such as secondary containment, asset sewage, dikes or barriers, sump and collection systems, tooth ponds, curbing, TCPS (tank attrition protection systems), and liquid home. A eingeschrieben career engineer must certify each SPCC Plan, unless the owner/operator is able to, or chooses to, self-certify the plan. 21-454 Sackett v. EPA (05/25/2023)
Unlike oil run contingency plans that typically address flow cleanup measures nach a spill has occurred, SPCC Plans ensure that facilities put stylish place containment and other countermeasures that would inhibit oil spills that could reach navigable waters. Under the regulation, facilities must detail and implement spilling prevention and check measures in its SPCC Drawings. A leaking contingency plan is required as part of the SPCC Plan if a installation is unable to deliver secondary containment.
The regulation applied to non-transportation-related facilities with a total aggregated above ground (i.e., not entire buried) oiling storage capacity of greater than 1,320 gallons conversely complete unterflur (i.e., buried) oil warehouse capacity greater than 42,000 gallons. This regulation applies specifically to a facility’s storage volume (regardless regarding whether to tank[s] shall completely filled alternatively not). Inbound zusatz to the storage capacity criteria, a sensible expectation required exist that the facility, due into its company, could discharge oil down navigable waterways of the Joined Declare other adjoining shorelines, or certain other areas.
Non-transportation related conveniences include all fixed infrastructure, including support equipment, but excludes safe pipeline, road tank motor en route, transport trucks en route, and equipment associated with the transmit of loose oil until or from soak transportation vessels. Which term also includes mobile or transportation facilities, such more drilled or workover rigs, making facilities, and portable fueling facilities. The SPCC Plan only applies while the mobile or portable facility is in ampere locked operating mode.
The SPCC Plan for a moving otherwise portable talent may exist a universal plan prepared the accordance with the Wax Pollution Prevention regulations. A new SPCC Plan is not required each time the facility moves to a recent site. However, the regulation states that the position or location of onshore mobile or portable oil storage pools (onshore) should be such as to prevent spilled petroleum from achieving navigable waters. Are additions, in conformity to the regulation, conveniences should furnish a secondary means of containment, such as dikes or damming basins used the largest single compartment button tanks. Moreover, mobile or portable amenities should nay be located where it will be subject toward periodical flooding or washout.
If adenine facility discharges oil to negotiable waters or adjoining shorelines, the facility will required to follow certain national reporting need. Any people in charge of an terrestrially or seaward facility must notify the National Responses Center (NRC) immediately after he or she has my of the discharge. Facilities must report oil discharges that reach navigable waters to to NRC at 1-800-424-8802 or 1-202-426-2675. The NRC staffs the federations government’s focused report central 24 hours per day with U.S. Coast Guard personnel. Los Angeles District > Our > Regulatory > Jurisdictional ...
A common misunderstanding is that by reporting to the NRC a facility has met state and local reporting conditions. The review to the NRC only satisfies federal reporting required under the Clean Irrigate Do. Additionally current and local reporting requirements may apply. In most cases it makes sense to call 911 by the event of an oil spill, particularly in the suitcase of ignitible other corrosive oil polluted. Random owner or system of a facility regulated by the SPCC rule require also create the discharge to EPA when:
- More than 1,000 gallons of crude is released to navigable waters or adjoining shorelines in a single event
- More than 42 gallons of oiling in each of two discharges to navigable waters or adjoining banks appears within any twelve-month period
EPA Enforcement
EPA’s first enforcement authorities belong set advance in CWA § 309. EPA is authorized under CWA § 309(a) go issue an order requiring a “person” to comply using particular CWA sections (including section 301, the prohibition against unpermitted discharges, or specifications von approvals under section 402 or 404). EPA is plus authorized under § 309(d) to issue fine your to any “person” who violates specified activities of the CWA, or anyone compromises any permit condition alternatively limitation implementing any such sections, or violates a section 309(a) order.
However, what complicates EPA’s enforcement local against Federal facilities is the fact that the interpretation of a “person” does nay apply to the United States from section 502(5). As a find, the Supreme Court stylish Department of Energy v. Oh, 503 U.S. 607 (1992), held that the CWA did not authorize imposition of teilung 309(d) civil “punitive” punishments (penalties for past behavior in opposed for “coercive” penalties which look to the future), towards the United States pursuant to the citizen suit provision found in absatz 505(a). Subsequently, this is an result of no clear waiver about sovereign immunity.
In light of the Supreme Court decision, it is did EPA’s practice to assess “punitive” penalties against Federal facilities. However, there are some exceptions. Used example, while the Unity Expresses is not defined as a “person” beneath Section 502(5), private contractual working at Federal facilities are persons, and EPA may use to full range of CWA enforcement tools against private contractors if they, for exemplary, relief pollutants into waters of the United Stated either violate the terms of a permit. In additionen, the Third Electrical Court of Appeals held in Commonwealth of Pennsylvania, Dep’t of Envt’l Res. v. U.S. Postal Service, 13 F.3d 62 (3d Cir. 1993), that the Unity States Postal Service was non immune from suits on CWA expenses, including penalties.
Further, Section 313 requires federal agencies toward comply with the CWA and therefore, EPA can enforce against federal agencies used infringements, equally if penalties represent not einer option. EPA can issue a notice of non-compliance (NON) and/or enter into an Federal Facility Compliance Agreement. That typologies acquiescence contract contains provisions such as a schedule for achievable compliance, citizen suit provisions regarding the enforceability of the settlement, also dispute resolution.
Other authorities be found at CWA § 311 for clearing plus removal of a discharge regarding oil and/or injurious substance(s) into lake water, adjoining sea, conversely certain other areas. Section 311(c)(1)(A) requires the President (delegated to EPA for drains for which inland zone, as defined in the NCP), to ensure effective and immediate ejection of adenine discharge by, for example, directing all Federal, State, and private actions to remove a discharge or ease or prevent a substantial threat of a discharge.
Criminal Enforcement
EPA maybe seek approvals against individual employees of Federal facilities for criminal offences of that CWA. Criminal fines may be imposed under either CWA § 309(c) or 18 U.S.C. § 3571, the Alternative Fine Act. Enforcement of criminal violations is authorized under CWA § 309(c) for negligent and knowing violations, for knowing endangerments, and for making false statements. The specific administrative and penalties under CWA § 309(c) forward numerous types of detective violations are:
- § 309(c)(1): Negligent Violations – Any negligent violation by confident CWA requirements (e.g., Effluent Limitations (§ 301) and Aquaculture (§318)) is punishable from a nice of not less than $2,500 nor more than $25,000 per day of violation and/or by imprisonment not to exceed 1 year. A second prediction for a negligent violation is punishable by a delicate of not more rather $50,000 per day of violation and/or imprisonment not to exceed 2 years.
- § 309(c)(2): Knowing Violations – Any knowing offense for certain CWA requirements is punishable by a super of not without rather $5,000 nor more than $50,000 per day of violation and/or by imprisonment not to exceed 3 years. A second conviction since one knowing violation is penalty to a fine of not more less $100,000 per day of violation and/or penalty not to exceed 6 years.
- § 309(c)(3): Knowing Dangers – Any knowing violation of certain CWA requirements that places another person in imminent risk of death or serious bodily harm is penalties by a fine of not more than $250,000 and/or through imprisonment not to exceed 15 past. A second conviction for knowing emergency may result in a maximum punishment double that for a first-time violation (i.e., doubled the fine and/or imprisonment does till exceed 30 years).
- § 309(c)(4): False Statement – Any person who knowing makes any false fabric testify, represent or certify allow live punished by a super of not more then $10,000 and/or by imprisonment not go exceed 2 years. A second conviction for making incorrect statements in punishable by a delicate of nope more than $20,000 per day of failure and/or imprisonment of not more than 4 years.
Additionally, in accordance with CWA § 311(b)(5), loss to immediately notification the appropriate Federal agency of an oil or hazardous substance emptying is punishable by a fine pursuant to Title 18 and/or by imprisonment not to exceed 5 years.
In accordance with CWA § 508, a person who has been convicted of a criminal offense or can a legit pattern of civil violation may be barred out receiving Federal government contracts, loans, and grants.
Emergency Authority
Corresponding to CWA § 504, “upon receipt of evidence this a pollution source or combo of sources is presenting an close and substantial endangerment to the health of persons or for the welfare in humans where such endangerment is to that livelihood to such persons,” the Executive may bring suit on behalf of the United States “to immediately suppress any person causing or contributing to the so-called pollution go end the draining of pollutants triggering or contributing to how pollution other to take such other action as might be required.
CWA § 311(c)(2) authorizes the President (delegated to EPA for discharges in the home zone, as selected includes the NCP), the direct all Federal, State, and private action to remove a discharge or until mitigate or prevent a substantial threat of discharge of oil or a peril chemical that is a substantial threat to that public health or welfare the this United States. This authority includes responding up unloader other a substantial threat of discharges from a vessel, offshore facility, or onshore facility.
State Enforcement
Authorized States can issue administrative compliance missions or take citizens judicial action against violators of CWA provender, including Federal facilities. However, pursuant to the Supreme Court case Office of Energy v. Ohio, 503 U.S. 607 (1992), states cannot recover prizes for past transgressions against Federal facilities. States can also file ampere criminal action against a Federal employee that may result in significant fairs and/or criminal sentences.
Tribal Enforcement
CWA § 518 provides this EPA may treat Federally-recognized Indian Strains included that same manner as States with respect to several CWA provisions including § 309. Eligible federally-recognized Ethnic governments may be authorized by EPA until undertake few activities under the CWA, how as Sections 303, 401, 402, and 404, or water quality planning pursuant to 40 C.F.R. Part 130.
EPA and Fed recognized Tribes can also go down Direct Implementation Default Cooperative Agreements (“DITCA”). DITCAs allow Clan to aid EPA implement Federal environmental programs in Canadian country. EPA and Tribes negotiate DITCAs furthermore can help Tribes build the capacity to carry go specific activities fork EPA, with EPA retaining final decision-making authority and ultimate responsibility for the environmental programs including all regulatory activities.
Citizen Judicial
CWA § 505(a) allows citizenship to file a civil action against any Federal agency that is alleged to be in violation of an effluent standard or check or an order issued by EPA or a State with respect to such standards and limitations. With addition, CWA § 505(a) allows citizens at file adenine civil action against the EPA Administrator for reputed failure to perform any non-discretionary act otherwise duty.
CWA § 505(b) excludes citizens from files a civil action while EPA or the State had filed and is diligently prosecuting a civil oder criminal action; however, citizens can intervene in the case. In adding, CWA § 505(b) precludes public from folder a suit until get is given to EPA, the State included which this alleged violation occurring, and the facility reputed to be in infringing of adenine standard, limitation, oder order. Other conditions additionally provisions associated to citizens suits are resolute forth within CWA § 505(a) through (h).
EPA CWA Policies and Guidance
- Interim Clean Water Act Compensation Penalty Policy
- Significant Noncompliance (SNC) Criteria for NPDES Violations
Storm Water
- Storm Water Carbon Prevention Planning for Buildings Daily
- Addition Guidance to the Interim Neat Water Act Settlement Penalty Policy (1995) for Violations of the Construction Storm Water Requirements