1. The Clean Water Act © Dr. B. C. Paul (Jan. 2000)

2. Major Provisions of Act NPDES - National Pollution Discharge Elimination System –Regulates point discharges of contaminated water Latest renewal set restrictions on storm water run-off that has come into contact with contaminants on site Section 404 Wetlands Regulation

3. Section 402 Program Regulates all point source discharges into the waters of the U.S. –originally Constitution intended to give Congress authority over U.S. waterways as part of the right to regulate interstate commerce Waters of U.S. has been stretched to the point that hunters using bathroom in the woods probably constitutes waters of the U.S. Bush Administration fiasco where EPA tried to take over all land in the U.S. with water within 3 feet of surface at any time as waters of the U.S.

4. The 402 Program Understand any type of natural channel that carries or retains water at any time will be considered waters of the U.S. A point discharge is anything with a defined or discernable conveyance for the discharge –pipes, ditches, channels, pond spillways –discharges from processing or beneficiation operations –waste water or other treatment facilities

5. NPDES Permits All Point Discharges into Waters of the U.S. must have a permit Each permit identifies the water quality and/or quantity that can be discharged –Standard may set limits on concentration of a contaminant or element that can be discharged –May set limits on suspended solids –May also limit total tonnage of a metal or material that can be discharged and not specify a concentration –May do some combination

6. Permit Standards Permit Standards are based on –Technologically achievable cleanliness deemed by EPA as feasible for that industry for mining this is often coordinated with SMCRA water standards

7. NPDES Continued Permit Standards are based on –Technologically achievable cleanliness deemed by EPA as feasible for that industry for mining this is often coordinated with SMCRA water standards –Quality standards for stream or receiving body in terms of a Basin or Area wide water quality management plan Limits in a permit are variable and subject to public comment

8. NPDES Permits are issued for a specific term and are renewable Program can be managed by the State For Mining Operations some states including Illinois try to issue and coordinate all permits through a single agency and mechanism

9. The Wetlands Issue Clean Water Act contained two laws within the law –Section 404 program extended the Army Corps of Engineers Waters of the U.S. authority to cover wetlands Any dredge or fill activity requires an Army Corps of Engineers permit –most construction or mining operations will involve moving earth from one place or another which can be considered dredge and fill

10. What is a Wetland Swamps, Marshes and Bogs Can also be any land with enough water to support vegetation characteristic of a wetland (don’t plant cat tails in your garden or you may need a permit to hoe weeds) There is a national inventory with maps that can be checked for areas considered to be wetlands

11. Decisions about Permits Corps of Engineers must decide about permits based on “public interest” –District Engineer must weigh impacts on wetlands versus public benefits of the activity –Must do this within guidelines established by EPA EPA has right to veto if they don’t like how their guidelines were followed (note EPA is governing by guidelines - not regulations)

12. Basis of EPA Guidelines Applicant must demonstrate that there is no economic alternative to the wetlands disturbance –You will have to have engineered and evaluated alternatives to any wetlands disturbance Must take measures to minimize and mitigate damage –mitigate has come to mean replacing wetlands under no net loss guideline

13. Related Army Corps Permits River and Harbor Act of 1899 section 10 –Controls structures over, across, obstructing, altering the course of, or discharging into the navigable waters of the U.S. Under Section 9 a dam requires an act of Congress Section 10 would cover bridge or pipeline over or under navigable water channel

14. River and Harbor Act Structure Permits have no expiration date Construction, dredge, and solids discharge types of permits are for a limited time and can be granted extensions –Applicants must disclose timing and methods for work and control –Evaluated with public interest criteria in mind