Overview

This is a practice-focused guide to the Federal WaterPollution Control Act, commonly known as the Clean Water Act--the primaryfederal statute regulating water pollution for the protection of the country'swater resources. Clean Water Act Essentials: Third Editionprovideslegal practitioners, consultants, and other interested individuals with anoverview of the CWA's complex framework of federal and state controls. Theauthors explain the statute and the 1972 Amendments that created a system ofpermits and regulations to govern the discharge of pollutants into the nation'swaters and publicly owned treatment works, focusing on these uniform standardsand their implementation and enforcement. This quick overview covers all essential elements of the CleanWater Act: History of the Clean Water Act and Amendments NPDES permitting process Technology-based standards Water-quality-based effluent limitations Publicly owned treatment works (POTW) Regulation of wetlands Discharges and spills of oil and hazardous substances Wet-weather discharges from point sources Reducing nonpoint source pollution Enforcement Clean Water Act Essentials: Third Editionincludestime-saving appendices, including an acronym list, FAQs, a list of key caseswith a one-sentence description of that case, glossary, and bibliography.Whether you're new or seasoned professional, you'll find this a quick andnecessary resource for understanding the legal fundamentals of the CWA.

Full Product Details

Author:   Allison Rumsey ,  Joel M. Gross ,  Ed McTiernan ,  Ed McTiernan
Publisher:   American Bar Association
Imprint:   American Bar Association
ISBN:  

9781639052172

ISBN 10:   1639052178
Pages:   176
Publication Date:   12 September 2023
Audience:   General/trade ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   Temporarily unavailable  
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Table of Contents

iii About the Authors vii 1 Executive Summary 1 2 The History of the Clean Water Act 5 2.1 Foundations of the Modern Act 5 2.2 The 1972 Amendments: The New Clean Water Act 7 2.3 The 1977 Amendments 10 2.4 The 1987 Amendments 10 2.5 The Oil Pollution Act of 1990 11 2.6 Nonlegislative Developments 12 2.7 The Clean Water Act at 50 14 3 General Prohibition of Discharges 17 3.1 Introduction 17 3.2 The Prohibition Defined 17 3.3 Discharges to Navigable Waters through Groundwater 29 3.4 Exceptions to the Prohibition 30 4 National Pollutant Discharge Elimination System (NPDES) Overview 31 4.1 The NPDES Process 31 4.2 Exceptions to the NPDES Process 32 4.3 NPDES Administration 33 4.4 Applying for a Permit 36 4.5 Elements of a Permit 38 4.6 Section 401 Water Quality Certifications 41 4.7 Review of Permit Decisions 42 5 Technology-Based Standards 45 5.1 Introduction 45 5.2 The Range of Technology-Based Standards 47 5.3 Setting Effluent Limits 52 5.4 “Fundamentally Different Factors” (FDF) Variance 54 5.5 BAT Variances 56 6 Water Quality–Based Effluent Limitations 57 6.1 Introduction 57 6.2 History and Purpose of Water Quality-Based Effluent Limits 58 6.3 Establishing Water Quality-Based Effluent Limits (WQBELs) 59 6.4 Water Quality Trading Policy of 2003 67 7 Regulations of Publicly Owned Treatment Works 69 7.1 Introduction 69 7.2 Regulation of Discharges from POTWs 71 7.3 Regulation of Discharges to POTWs: Pretreatment Standards 76 7.4 Substantive Requirements of Pretreatment Program 80 7.5 POTW Pretreatment Program Variances and Removal Credits 82 7.6 Collection System Challenges 83 8 Regulation of Wetlands 85 8.1 Introduction 85 8.2 Jurisdictional Issues 87 8.3 Definitional Issues and Scope 88 8.4 Section 404 Permitting Process 92 8.5 Noncompliance and Enforcement 99 8.6 Challenges to Corps Determinations 100 9 Discharges and Spills of Oil and Hazardous Substances 103 9.1 Introduction 103 9.2 Section 311(b)(3): The Prohibition of Discharges 104 9.3 Notice Requirements for Oil and Hazardous Substance Spills 107 9.4 The Consequences of a Prohibited Discharge 108 9.5 The Prevention of Prohibited Oil Discharges 111 9.6 A Summary of OPA 112 10 Wet-Weather Discharges from Point Sources 115 10.1 Regulation of Stormwater 115 10.2 Application Requirements 123 10.3 Combined Sewer Overflows 124 10.4 Sanitary Sewer Overflows 126 10.5 Integrated Planning 127 11 Reducing Nonpoint Source Pollution 129 11.1 Introduction 129 11.2 Nonpoint Source of Pollution 131 11.3 Nonpoint Source Pollution Addressed in the Clean Water Act 132 11.4 Coastal Zone Act Reauthorization Amendments of 1990 135 12 Enforcement 137 12.1 Introduction 137 12.2 Criminal Enforcement 137 12.3 Civil Enforcement 140 12.4 Administrative Enforcement 146 12.5 Emergency Authorities 147 12.6 State Enforcement 148 12.7 Citizen Suits 149 12.8 Defenses against Enforcement 152 Table of Cases 155 Index 161

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Author Information

Allison Rumsey is a partner in the Washington, D.C., office of Arnold & Porter, and is a member of the firm’s Environmental Practice Group. She represents clients in state and federal regulatory enforcement actions, class action and citizen suit lawsuits, and business disputes. She represented BP in the Deepwater Horizon matter as it related to government enforcement under the Clean Water Act and Oil Pollution Act. She also represents a shipping company in the Huntington Bay oil spill. Allison also assists clients in navigating and, where there is litigation defending, the permitting process under the environmental laws applicable to large infrastructure and other projects. Prior to joining the firm, she was Counsel to the Assistant Attorney General, Environment and Natural Resources Division of the U.S. Department of Justice Ethan Shenkman is a partner in the Washington, D.C., office of Arnold & Porter, and is a member of the firm’s Environmental Practice Group. Nationally known for his work with climate change policy and energy transition, he advises on renewable fuels, carbon capture and sequestration, methane regulation, the phaseout of HFCs, and renewable energy permitting. He also regularly represents clients in trial and appellate court, and in regulatory matters before federal and state agencies. Prior to joining the firm, he served as Deputy General Counsel at the EPA and, prior to that, as Deputy Assistant Attorney General at the Environment and Natural Resources Division of the U.S. Department of Justice. Joel Gross is a senior counsel in the Washington, D.C., office of Arnold & Porter, and is a member of the firm’s Environmental Practice Group. Joel represents and advises clients in litigation and nonlitigation matters under federal and state environmental laws, with a special emphasis on compliance and enforcement issues. Prior to joining Arnold & Porter, he was chief of the Environmental Enforcement Section of the U.S. Department of Justice, where he handled and supervised many Clean Water Act matters. He also worked with EPA on policy and legislative initiatives related to the Clean Water Act. Ed McTiernan is a partner in the New York office of Arnold & Porter, and is a member of the firm’s Environmental Practice Group. He is an environmental litigator who focuses on state and federal regulatory issues, including site remediation, Brownfield redevelopment, natural resource damages, energy and infrastructure projects, as well as wastewater and stormwater permitting and defense of enforcement proceedings. Prior to joining the firm, he served as the Deputy Commissioner and General Counsel at the New York State Department of Environmental Conservation.

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