1. Operating outside the Clean Water Act and the EPA
Cloudy Waters:
Operating outside the Clean Water Act and the EPA

2. The Issue: Public Disservice
Since the dawn of civilization, man has abused waterways by using them for disposal of waste
The abuse led to disease and sickness of those who relied on the water source for other purposes
As the processes undertaken used increasingly harmful materials, disposal became more controversial
Through the years, the disregard of dumping waste into waterways has evolved to hazardous proportions
Companies need to consider the effects of their operations on others, not just the bottom line

3. The Nature of Water Pollution
Pollution of rivers regularly caused by companies includes sediment, acid, alkaline, pesticides, heavy metals, chemicals like cyanide, zinc, lead, copper, cadmin and mercury, heated water, and bacteria
Typical ways business operations have contributed to polluted waterways are farming, mining and industry
About 43% of American lakes and rivers are too polluted for swimming or aquatic life
1.2 trillion gallons of untreated sewage, storm water and industrial waste are dumped into U.S. rivers yearly

4. Our Rivers, Lakes and Streams
Mississippi River Oil spill
Effects on Lake Michigan

5. The Environmental Protection Agency
The EPA was founded in July 1970 to respond to growing public demand for cleaner water, air and land
Pollution was at an all time high, and there was no activity on the Federal level to combat polluters
EPA’s job would be twofold: Repair the damage done and establish new rules to make a clearer environment
Actions towards this goal include federal research, monitoring, standard setting and enforcement
EPA has taken great strides through the decades, first halting ongoing pollution, then repairing old damage

6. EPA Photo-Biography Then… First EPA Administrator Ruckelshaus …Now
Current EPA Administrator Jackson

7. The Clean Water Act (CWA)
Passed by Congress with EPA encouragement in to stop the pollution of U.S. waterways by businesses
Protects waters that are relatively permanently standing or flowing (streams, oceans, rivers, lakes)
Sets up the EPA/government as a permit granter to “point sources”, the pollutant dischargers
Requires businesses to adopt a standard of pollution- preventing technology based on practices/industry
Outlines available penalties that can be upon regulation infraction, including fines and/or jail time

8. Recent Developments: Court Ruling
Recent NY Times article looks at the court decision that sets the Clean Water Act back years
The court’s decision created a question of which waterways are still protected under the CWA
The court’s ruling questions interpretation of the CWA as covering all waters or just “navigable waters”
The questionable status has opened a window for some of the biggest polluters to return to old practices
Many cases against polluters have been stalled or shelved due to the inherent ambiguity of the rules

9. Avondale Creek in Alabama
David Walter Banks for the New York Times
Now exempt from the CWA due to court ruling
A pipe maker has dumped oil, lead and zinc

10. Corrective Legislation
A bill called the “Clean Water Restoration Act” has been introduced to the U.S. Senate to amend the CWA
The restoration act would reaffirm the old interpretation of the CWA with explicit wording
Since the ruling, EPA and state regulators have been avoiding cases that may challenge the CWA further.
Another bill introduced has attempted to more broadly define pollutants to include mining waste
If the bills can be passed, the definition of what is protected and what is a pollutant will be expanded.

11. Businesses to Take Responsibility
Public opinion is decidedly against pollution of waterways, especially the scale of business operations
Despite this, many companies continue to pollute just within the legal confines, or trying to dodge regulation
The EPA expects that if investment in new- environmentally friendly operations are not employed, waterways could worsen to the 1970’s pollution levels
Businesses who take initiative in reforming their operations could benefit from public approval (“green” movement), and diminished risk of EPA punishment

12. Which “green” is better?

13. Sources http://www.nytimes.com/2010/03/01/us/01water.html?h p
Rapanos v. United States Supreme Court case
Clean Water Act – Wikipedia
pollution-facts-article.htm
l/18.pdf