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Clean Water Act
Clean Water Act History
Growing public awareness and concern for controlling water pollution
led to enactment of the Federal Water Pollution Control Act Amendments of 1972.
As amended in 1977, this law became commonly known as the Clean Water Act. The
Act established the basic structure for regulating discharges of pollutants
into the waters of the United States. It gave EPA the authority to implement
pollution control programs such as setting wastewater standards for industry.
The Clean Water Act also continued requirements to set water quality standards
for all contaminants in surface waters. The Act made it unlawful for any person
to discharge any pollutant from a point source into navigable waters, unless a
permit was obtained under its provisions. It also funded the construction of
sewage treatment plants under the construction grants program and recognized
the need for planning to address the critical problems posed by non-point
source pollution.
Subsequent enactments modified some of the earlier Clean Water Act
provisions. Revisions in 1981 streamlined the municipal construction grants
process, improving the capabilities of treatment plants built under the
program. Changes in 1987 phased out the construction grants program, replacing
it with the State Water Pollution Control Revolving Fund, more commonly known
as the Clean Water State Revolving Fund. This new funding strategy addressed
water quality needs by building on EPA-State partnerships.
Over the years, many other laws have changed parts of the Clean Water
Act. Title I of the Great Lakes Critical Programs Act of 1990, for example, put
into place parts of the Great Lakes Water Quality Agreement of 1978, signed by
the U.S. and Canada, where the two nations agreed to reduce certain toxic
pollutants in the Great Lakes. That law required EPA to establish water quality
criteria for the Great Lakes addressing 29 toxic pollutants with maximum levels
that are safe for humans, wildlife, and aquatic life. It also required EPA to
help the States implement the criteria on a specific schedule.
The electronic version of the Clean Water Act (available below) is a
thirtieth anniversary snapshot of the law, as amended through the enactment of
the Great Lakes Legacy Act of 2002 (Public Law 107-303, November 27, 2002).
Provided by the Congressional Great Lakes Task Force, it is the amended law as
of that particular point in time. This electronic version annotates the
sections of the Act with the corresponding sections of the U.S. Code and
footnote commentary on the effect of other laws on the current form of the
Clean Water Act.
Introduction
to the Clean Water Act
The Clean Water Act (CWA) is the cornerstone of surface
water quality protection in the United States. (The Act does not deal directly
with ground water nor with water quantity issues.) The statute employs a
variety of regulatory and non-regulatory tools to sharply reduce direct
pollutant discharges into waterways, finance municipal wastewater treatment
facilities, and manage polluted runoff. These tools are employed to achieve the
broader goal of restoring and maintaining the chemical, physical, and
biological integrity of the nation's waters so that they can support "the
protection and propagation of fish, shellfish, and wildlife and recreation in and
on the water."
For many years following the passage of CWA in 1972, EPA,
states, and Indian tribes focused mainly on the chemical aspects of the
"integrity" goal. During the last decade, however, more attention has
been given to physical and biological integrity. Also, in the early decades of
the Act's implementation, efforts focused on regulating discharges from
traditional "point source" facilities, such as municipal sewage
plants and industrial facilities, with little attention paid to runoff from
streets, construction sites, farms, and other "wet-weather" sources.
Starting in the late 1980s, efforts to address polluted
runoff have increased significantly. For "non-point" runoff,
voluntary programs, including cost-sharing with landowners are the key tool. For
"wet weather point sources" like urban storm sewer systems and
construction sites, a regulatory approach is being employed.
Evolution of CWA programs over the last decade
has also included something of a shift from a program-by-program,
source-by-source, pollutant-by-pollutant approach to more holistic
watershed-based strategies. Under the watershed approach equal emphasis is
placed on protecting healthy waters and restoring impaired ones. A full array
of issues are addressed, not just those subject to CWA regulatory authority.
Involvement of stakeholder groups in the development and implementation of
strategies for achieving and maintaining state water quality and other
environmental goals is another hallmark of this approach.
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