Clean water act, section 402 national pollutant discharge elimination system npdes permits the information on this page will help you determine if you need to apply for a permit or how to comply with a permit already issued to wsdot. About the national stormwater center the national stormwater center was founded by john whitescarver with a commitment to promoting and advocating compliance with the clean water act. National pollutant discharge elimination system npdes. The npdes permit program, created in 1972 by the clean water act cwa, helps address water pollution by regulating point sources that discharge pollutants to waters of the united states. Npdes prohibits discharges of pollutants from any point source into the nations waters except as allowed under an npdes permit. The 1972 passage of the clean water act cwa marked an important milestone in the nations. This fact sheet outlines the npdes permitting process, highlighting opportunities for. The purpose of this memorandum is to provide interim guidance on implementation of 402os requirements for water qualitybased permits. Standard general permit conditions for npdes general permits. The federal water pollution control act also referred to as the clean water act section 402 requires that a discharge of any pollutant or combination of pollutants to surface waters that are deemed waters of the u. The state water board issues this order pursuant to section 402 of the clean water act and implementing regulations adopted by u. There are a number of opportunities for the public to participate at various points during the permit issuance process.
Epa, last week, published its proposed 2020 national pollutant discharge elimination system npdes multisector general permit msgp. Development of the clean water act and the npdes program. Mandated by congress under the clean water act, the national pollutant discharge elimination system npdes addresses the nonagricultural sources of stormwater discharges that adversely affect the quality of our nations waters. Double click on the pdf and a separate page will open. A copy of the standard npdes permit conditions is available to download. If you would like to request coverage under one 1 of these npdes general permits, you are required to. In no event may such a permit to discharge into waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of a water quality standard under section of this title applicable to such waters. Although npdes permits require sanitary sewer systems to report sewage spills to the government. In a landmark ruling, the united states supreme court has held that, under section 301 of the federal clean water act cwa, a discharge of pollutants from a point source to groundwater is subject to regulation under the cwa, if the discharge is the functional equivalent of a discharge to navigable waters. The federal clean water act clean water act prohibits certain discharges of storm water containing pollutants except in compliance with a national pollutant discharge elimination system npdes permit.
Under the clean water act, it is unlawful for a point source to discharge. The clean water act cwa establishes the basic structure for regulating. Clean water branch standard npdes permit conditions. The basis of the cwa was enacted in 1948 and was called the federal water pollution control act, but the act was significantly reorganized and expanded in 1972. Epa releases its proposed 2020 npdes multisector general permit posted by jacob kronish the regulated industry needs to be aware that the u. Oil and gas wastewater clean water action jan 2020.
Overview of epa, the clean water act, and the national pollutant discharge elimination system npdes program author. You may need a pdf reader to view some of the files on this page. Npdes permit writers manual for concentrated animal feeding operations this manual is designed to provide general information on the clean water act cwa and npdes requirements for cafos, explain cafo permitting, and provide technical information to understand options for nutrients management planning. In the years since the adoption of the clean water act, the npdes program has grown in complexity as congress amended the clean water act and adopted additional laws such as the water quality act. Interagency 316a technical guidance manual and guide for thermal effects sections. Clean water act cwapermitting of dischargespermitting of discharges from pesticide applications national tribal consultation teleconferencenational tribal consultation teleconference. Section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands.
Recent conflicting federal court decisions and the prior lack of clear agency guidance regarding whether national pollutant discharge elimination system npdes permits are required for releases of pollutants to groundwater caused uncertainty regarding how to implement and enforce the npdes permitting program. Pilgrim nuclear power station, plymouth, massachusetts. National pollutant discharge elimination npdes permit program, which is found in. Npdes general permits har, chapter 1155, appendices b through l the department of health doh, clean water branch cwb has adopted the npdes general permits as appendices to the hawaii administrative rules har, chapter 1155. Water permitting 101 abstract the national pollutant discharge elimination system npdes program has achieved significant reductions in pollutant discharges since it was established by the federal water pollution control act amendments of 1972. Environmental protection agency epa attempted to unmuddy the question surrounding pollutant discharges to groundwater specifically, they hope to clarify the interpretation of the national pollutant discharge elimination system npdes permit program as described in the clean water act cwa. Stormwater program, npdes water pacific southwest us epa. The permits administration section administers the nonstorm water npdes general. Clean water act permits water quality certification by the state to receive a federal permit 33 u. The requirement for national pollutant discharge elimination system npdes permits is a result of a 2009 u. National pollutant discharge elimination system npdes overview. The federal clean water act cwa, the primary federal authority for addressing water. Memorandum antibacksliding rules for water quality. In 1975, the bureau of water received authority from the environmental protection act epa to administer the npdes permit program in sc.
The 1972 passage of the clean water act marked an important milestone in the. The clean water act cwa is the primary federal law in the united states governing water pollution. The court determined that under the clean water act cwa discharges of pollutants chemical pesticides into waters of the united states wotus require an. Cwa provisions and regulations contain legally binding requirements. Overview of epa, the clean water act, and the national. Watershed academy web introduction to the clean water act. About npdes national pollutant discharge elimination. This pdf file was adapted from an online training module of the. Many of the individual sewage, iw and stormwater npdes permits that. Clean water act npdes permitting determinations for the. Report clean water act regulation of oil and gas wastewater. Manure, litter, and process wastewater from a cafo cannot enter a stream, river, or other surface water unless the discharge is in compliance with an npdes permit. History of federal clean water regulations city of cape girardeau. The standard general permit conditions are applicable to all notices of general permit coverage ngpcs.
Each application for a permit under section 407 of this title, pending on october 18, 1972, shall be deemed to be an application for a permit under this section. Decision could expand clean water act npdes permit. The clean water act cwa is the cornerstone of surface water quality. Under sections 301a and 402a of the federal clean water act cwa, schiller station may not discharge pollutants to, or withdraw water for cooling from, the piscataqua river unless authorized to do so by a national pollutant discharge elimination system npdes permit. The clean water act cwa establishes the basic structure for regulating discharges of pollutants into the waters of the united states and regulating quality standards for surface waters. Npdes stormwater permits the 1987 water quality act wqa added section 402 p to the clean water act, requiring that epa issue national pollutant discharge elimination system npdes permits for the following five categories of stormwater discharges. Spotlight on stormwater cwa section 402 us epa archive document author us epa, region 9, clean water act compliance office. The npdes permit program addresses water pollution by regulating point sources that discharge pollutants to waters of the united states. The 63 majority held that section 301 of the clean water act requires an npdes national pollutant discharge elimination system permit for a point source discharge that reaches navigable waters after traveling through groundwater if that discharge is the functional equivalent of a direct discharge. Created in 1972 by the clean water act, the npdes permit program is authorized to state governments by epa to perform many permitting, administrative, and enforcement aspects of the program.
The cwa made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit authorized under the cwa was obtained. Clean water act does not require attaining water quality criteria at the point of discharge. Permittees that wish to continue discharging beyond the five year term must submit a complete application for permit renewal at least 180 days prior to the expiration date of their permit. Most npdes permits are issued to individual facilities, but since 1979, epa and. Major supreme court ruling expands reach of clean water. Please see the instructions for using this report for additional information. National pollutant discharge elimination system npdes permit. Deps npdes permitted facilities report can be used to identify facilities with npdes and wqm permits issued by the clean water program. Stormwater discharge permits and clean water act compliance. These documents include the full npdes permit writers manual as well as the document divided by chapters. Recent conflicting federal court decisions and the prior lack of clear agency guidance regarding whether national pollutant discharge elimination system npdes permits are required for releases of pollutants to groundwater caused uncertainty regarding how to implement and enforce the npdes permitting. Federal clean water act national pollutant discharge elimination system npdes program the national pollutant discharge elimination system npdes permit program was established under the federal clean water act to control water pollution by regulating the discharge of pollutants into waters of the united states. Npdes permit development is governed by existing requirements of the clean water act cwa and the epa npdes implementing regulations.
Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. As one of the first employees at epa, and a member of the team tha. Development of the clean water act and the npdes program pdf 8 pp, 580 k regulatory framework and program areas of the npdes. Washington states pollution control hearings board pchb ruled on february 26 that the washington department of ecology ecology exceeded its clean water act cwa authority by inserting a permit condition in the aquatic mosquito control general permit, which required compliance with the endangered species act esa. Permitting discharges of dredge or fill material us epa. The national pollutant discharge elimination system npdes permit program was created by section 402 of the 1972 federal clean water act.
The basis of the cwa was enacted in 1948 and was called the federal water pollution control act. The npdes permit program the discharge of pollutants, otherwise illegal under section 301a of the clean water act, can be authorized by compliance with an npdes permit. Washington pollution control hearings board rules ecology. Permit program under cwa section 404 section 404 of the. Wastewater management and addresses development of wastewater discharge permits under the national pollutant discharge elimination system npdes. Industrial general permit order national pollutant. Releases from a point source to groundwater national. Public participation in the npdes permit issuance process.
Memorandum antibacksliding rules for water qualitybased. Introduction to the clean water act us epa web server. An unofficial copy of the water pollution control, appendix a, may be downloaded from the hawaii. The courts expansive reading of the act would likely require numerous facilities and entities that were previously thought to be exempt to obtain npdes permit coverage. Sixth circuit court of appeals decision in natl cotton council v. The county may appeal the decision to the united states supreme court. Overview of epa, the clean water act, and the national pollutant. Discharge elimination system npdes permit program controls discharges. Epa issued the npdes general permit for storm water discharges from construction activities.
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