Question

1. Dust & Ash Manufacturing, Inc. is located along the Blugreen River in the city of Northgrove. The company discharges suspended solids, pH, and Biochemical Oxygen Demand (BOD) directly from a pipe into the river and discharges its sewage into the Northgrove municipal sewage treatment plant, a Publicly Owned Treatment Works a. What kind of permit would Dust & Ash Manufacturing need to legally discharge to the Blugreen River? What types of requirements would be included in that permit? (15 points) b. Describe the Clean Water Act requirements, if any, that allow Dust & Ash Manufacturing to legally discharge to the sewage treatment plant. (7 points)

Answer 1

The Clean Water Act (CWA) is the primary Federal statute regulating the protection of the nation’s water. The CWA aims to prevent, reduce, and eliminate pollution in the nation's water in order to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters", as described in CWA section 101(a). A stated goal of the CWA is to eliminate discharge of pollutants into navigable waters, as that term is defined in CWA § 502(7) and corresponding case law.



Federal facilities have regulatory responsibilities under the Clean Water Act, including:

preventing water pollution

obtaining discharge permits

meeting applicable water quality standards

developing risk management plans, and

maintaining records.

Part of EPA's mission is to ensure that Federal facilities (and Federal facility contractors) comply with these requirements.

Based on the Federal Water Pollution Control Act of 1948, the CWA underwent significant reorganization and expansion in 1972, with subsequent major amendments in 1977 and 1987. The CWA does not specifically address contamination of groundwater resources, a subject addressed by provisions in other laws including the Safe Drinking Water Act; the Resource Conservation and Recovery Act; and the Comprehensive Environmental Response, Compensation, and Liability Act.

Basics of Statute

CWA is the primary Federal statute governing the restoration and maintenance of the “chemical, physical, and biological integrity of the Nation’s waters.” (CWA § 101). One of its principal objectives is to prohibit the discharge of pollutants into waters of the U.S., except in compliance with a permit.



The CWA establishes several major integrated regulatory programs, standards, and plans, which include the following:



National Pollutant Discharge Elimination System (NPDES) Program - Establishes an effluent permit system for point source (e.g., pipe, ditch, sewer) discharges of pollutants into waters of the U.S. The NPDES permit system requires those permitted to maintain records and report on the amount and nature of discharged effluent waste components. The stormwater program is a part of the NPDES program and is designed to reduce or eliminate the discharge of contaminated stormwater into waters of the U.S. The program requires the following stormwater discharges to be covered by an NPDES permit:

discharge associated with industrial activity

discharge from a large or medium municipal separate storm sewer system, or

discharge which EPA or the state/tribe determines contributes to a violation of a water quality standard or which is a significant contributor of pollutants to waters of the United States

National and Local Pretreatment Standards - Requires new and existing industrial users to pre-treat wastewater discharged to Publicly-Owned Treatment Works (POTWs) to prevent pollutants in excess of certain limits from passing through POTWs, causing interference in the operation of the treatment works and to protect the quality of sludge generated by these plants (§ 307).

Dredge or Fill Discharge Permit Program - Establishes a permit system, administered by the Army Corps of Engineers, for regulating the placement of dredge or fill material into waters of the U.S., including wetlands (§ 404).

Sewage Sludge Use and Disposal Program - Establishes a permit system covering the use and disposal of sewage sludge by land application, surface disposal, incineration, and disposal in a municipal solid waste landfill. Requires generators, processors, users, and disposers of sewage sludge from privately - or Publicly-Owned Treatment Works to meet certain standards (§ 405).

Water Quality Management - 40 C.F.R. Part 130 establishes policies and program requirements for water quality planning, management and implementation under sections 106, 205(j), non-construction management 205(g), 208, 303 and 305 of the CWA. Water quality standards are state or tribal goals for individual water bodies and provide the legal basis for control decisions under the CWAThe permit is not transferable without prior approval of the issuing office and must be in the possession of the permittee on the trip. Permittee must provide photo ID at permit inspection.The permittee must allow rangers to complete permit checks to determine the validity of the permit, ascertain that the group has all required equipment, and orient participants about river etiquette and safety.The permittee must have at the launch:a group of 25 people or fewer and not greater than the number pre-paid for on the permit,a first aid kit with adequate materials for the size of the group and sufficient for treating serious injuries,a repair kit or kits with adequate materials to repair the types of boats used on the trip,an air pump or pumps adequate to inflate boats after repairs.a washable, leak-proof, reusable toilet system that allows for the carry-out and disposal of solid human body waste in a responsible and lawful manner. The system must be adequate for the size of the group and length of the trip. Leaving solid human body waste on Public Land or dumping it into vault toilets or trash receptacles at BLM facilities is prohibited.a durable metal fire pan at least 12 inches wide with at least a 1.5 inch lip around its outer edge and sufficient to contain fire and remains. Fire pans must be carried on all trips, even if stoves are to be used for cooking. Fire blankets under fire pans are recommended to facilitate total ash removal.a properly-sized Type I, III, or V Personal Floatation Device (PFD) (approved on the label for paddling, whitewater, kayaking) for each member of the party.Each raft, dory, or canoe must have at the launch:an extra oar, paddle, or motor capable of maneuvering the vessel, anda bail bucket or bilge pump (does not apply to self-baling boats, kayaks, and inflatable kayaks).

Parties using low capacity vessels (kayaks, inflatable kayaks, or canoes) must carry spare paddles as follows: 1-3 such craft require 1 spare paddle; 4-6 craft require 2 spare paddles; 7-9 craft require 3 spare paddles, etc.Each boat 16 feet or longer must have a Type IV throwable device or a commercially made rescue rope with at least 40 feet of line.The permittee must ensure that all trip participants:carry all charcoal, fire ash, garbage (dishwater strainers recommended), solid human body and pet waste out of the river area,adhere to the Utah Boating Act (Title 73, Chapter 18), which includes the wearing of life jackets where required (children ages 12 and under must wear PFD’s at all times when boating on the river, and all persons must wear a PFD from Jack Creek Rapid to the take out.), and registration of motorboats,do not engage in commercial use as defined by 43 CFR 2932.5, i.e., 1) make a salary or profit or increase his or her financial standing as a result of the permitted trip, 2) charge other participants a fee or charge that is not strictly a sharing of trip costs, or 3) collect money or compensation in excess of actual expenses for the trip. Normally participants are not in a commercial use situation if they equally share the actual trip costs,list any trip sponsor or affiliated organization, e.g., scout group, school, etc., associated with the trip on the permit application,keep side canyon streams and springs free of soap and other contaminants,not remove, damage or destroy archaeological, historical, or ecological resources, or cause unnecessary or undue damage to the natural and cultural resources of the public lands.not camp or build fires on Public Land within ½ mile of the mouth of Rock Creek.make campfires only in fire pans and limit the use of gathered wood for campfires to driftwood found along river banks and beaches,not engage in upstream motorized travel except for emergency purposes, or engage in downstream motorized travel at other than a slow, wakeless speedlaunch, travel (stay within visual contact), and camp together as a group. No boats may be sent ahead to secure campsites. Groups launching separately may not camp together if such action would result in more than 25 persons occupying a campsite