CWA National Enforcement Programs
EPA's Clean Water Act (CWA) enforcement programs are designed to protect and to improve the quality of the nation's waters. These programs are as follows:
- National Pollution Discharge Elimination System
(NPDES) Program -- The purpose of the National Pollutant
Discharge Elimination System Program is to protect
health and the environment by regulating point source
discharges to the nation's waters. A point source
is any discrete conveyance (e.g., pipe, ditch, spillway,
etc.). The core NPDES program covers approximately
15,000 publicly-owned treatment works (POTWs) and
approximately 85,000 industrial dischargers (including
Federal Facilities). EPA has divided the universe by
designating dischargers as either 'majors' or 'minors'.
POTW majors are those discharging equal to or greater
than 1 million gallons per day (mgd). There are approximately
4,000 major POTWs. There are approximately 2900 major
industrials.
NPDES permits can be issued to individual dischargers or can be issued for a group of dischargers (i.e., general permits). Both individual and general permits contain requirements for controlling pollutant dischargers (e.g., technology-based or water quality-based effluent limits), monitoring discharges, reporting compliance, etc. Permits may only be issued for a period of five years. Currently 44 States and one Territory have been authorized to issue NPDES permits and conduct compliance and enforcement activities.
- Wet Weather
Enforcement Programs -- These programs,
which are sub-components of the NPDES program,
address wet weather discharges such as runoff from rainfall
or snowmelts, and include the following programs: Storm
Water Program, Sanitary Sewer Overflow (SSOs)
Program, Combined Sewer Overflow (CSOs) Program, and Concentrated
Animal Feeding Operations (CAFOs) Program. (Additional
Information)
- Storm Water Program -- The 1987 Amendments
to the CWA included the addition of Section
402(p) which established phased NPDES permit
requirements for municipal and industrial
storm water discharges. Storm water discharges
are nationwide occurrences. The total number of storm
water dischargers is unknown but expected
to be several hundred thousand. Storm water runoff
poses a significant threat to public health and the
environment, and remains a leading cause of water
quality impairment.
- Sanitary Sewer Overflow (SSOs) Program
-- SSOs are overflows or releases from sanitary
sewer systems and are illegal under the
CWA. Municipal systems with separate
sanitary sewers may have overflows due
to inadequate capacity of the sewer lines
and/or at the wastewater treatment plant, etc. SSOs
pose a significant threat to public health and the
environment, and remain a leading cause of water
quality impairment. SSOs contain raw sewage and have
high concentrations of bacteria from fecal contamination,
as well as disease-causing pathogens and viruses.
SSOs often occur in parks, backyards, city streets,
playgrounds, and other areas that are frequented
by the public, including children and pets. SSOs
are occurring across the country, but are not consistently
reported.
- Combined Sewer Overflow (CSOs) Program -- Pipes
designed to convey both storm water runoff
and sewage, are called combined sewers. Combined
Sewer Overflow Systems were constructed prior
to the development of sewage treatment plants
and were intended to discharge sewage and storm water
runoff directly to receiving waters. CSOs
contain raw sewage and pose a significant public health
concern. During rainfall, the capacity of combined
sewers system is exceeded and a mixture of storm water,
household sewage and industrial wastewater overflows
untreated through the old sewer outfalls.
- Concentrated Animal Feeding Operations (CAFOs)
Program -- CAFOs are point sources subject to
the NPDES program. A CAFO is a livestock
facility, or lot, that confines a prescribed
number of animals for at least 45 days
out of a calendar year, and does not
sustain crops on any portion of the facility or lot
in the normal growing season.
- Storm Water Program -- The 1987 Amendments
to the CWA included the addition of Section
402(p) which established phased NPDES permit
requirements for municipal and industrial
storm water discharges. Storm water discharges
are nationwide occurrences. The total number of storm
water dischargers is unknown but expected
to be several hundred thousand. Storm water runoff
poses a significant threat to public health and the
environment, and remains a leading cause of water
quality impairment.
- Pretreatment Program -- The National Pretreatment
Program is a cooperative effort of federal, state,
and local regulatory environmental agencies established
to protect water quality. The objectives of the program
are to 1) protect Publicly Owned Treatment Works
(POTWs) from the introduction of pollutants that
may interfere with plant operation or that may pass
through untreated and 2) to improve opportunities
for the POTW to reuse wastewater and sludges that are
generated. Approximately 1500 POTWs have approved pretreatment
programs. By reducing the level of pollutants discharged
by industry into municipal sewage systems, the Pretreatment
Program protects America's multi-billion dollar public
investment in treatment infrastructure. Eighty-five
categories of industrial users are subject to numerous
self-implementing regulations.
- Biosolid/Sludge Program -- Biosolids are the nutrient-rich organic materials resulting from the treatment of sewage sludge (the name for the solid, semisolid or liquid untreated residue generated during the treatment of domestic sewage in a treatment facility). When treated and processed, biosolids can be recycled and applied as fertilizer to improve and maintain productive soils and stimulate plant growth. The CWA required EPA to promulgate regulations governing the use and disposal of sewage sludge. The Part 503 regulation is largely self-implementing and covers the use and disposal of sewage sludge by land application, surface disposal, incineration, and disposal in a municipal solid waste landfill. The standards for each end use and disposal method consist of general requirements, numeric pollutant limits, operational standards, and management practices, as well as monitoring, recordkeeping, and reporting requirements.
- Section 404/Wetlands Dredged and Fill Material Program-- The Section 404 program seeks to ensure that dredged or fill material is not discharged into wetlands and other waters of the U.S., except as authorized by a permit. Permits authorization is required from the Army Corps of Engineers for the discharge of dredged or fill material into wetlands or other waters. Wetlands provide critical habitat for wildlife, including many endangered species. They are also important for flood and storm damage control, shoreline erosion protection, groundwater recharge, and water quality improvement. They provide billions of dollars to the nation's economy each year from flood protection and water purification, fisheries, hunting of waterfowl and other recreational opportunities. Based on an agreement with the Corps of Engineers, EPA enforcement activity has generally focused on actions against unpermitted discharges.
- Section 311/Oil and Hazardous Substances Spills Program -- Section 311 of the CWA addresses pollution from oil and hazardous substance releases, providing EPA and the U.S. Coast Guard with the authority to establish a program for preventing, preparing for, and responding to oil spills or hazardous substances that reach or may reach surface waters. The program is designed to prepare for and respond to any oil spill affecting the inland waters of the U.S.
Section 311 also provides civil penalties for discharges of oil or hazardous substances into navigable waters or adjoining shorelines. Civil penalties for spills or spill prevention/response violations may be assessed at $27,500 per day per violation or $1,100 per barrel of oil or unit of hazardous substance unlawfully discharged.
EPA shares jurisdiction over oil and hazardous substances with the U.S.Coast Guard (USCG). Memoranda of Understanding (MOU) between the two Agencies establish guidelines for each Agency's activities. Generally, the MOU allocates enforcement authority for inland spill events to EPA and for coastal events to the USCG, and the Agencies may coordinate specific deviations from the general structure. The USCG is responsible for the Oil Spill Trust Liability Fund and EPA submits requests for reimbursement to the Coast Guard. For spill prevention or response, an Executive Order establishes that EPA has responsibility for non-transportation-related onshore facilities, and other agencies have responsibility for other types of facilities.