Water Bill Law: What's The Verdict?

The Clean Water Act (CWA) is the primary federal law in the United States that addresses water pollution. The CWA was passed on October 18, 1972, and was the first major US law to address water pollution. The Act established strict regulations on pollution and quality controls for the nation's waters, giving most of the responsibility for enforcing these standards to the Environmental Protection Agency (EPA). The CWA made it unlawful to discharge pollutants from a point source into navigable waters without a permit and introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Since the CWA took effect, levels of pollution have decreased significantly, although many environmentalists believe more needs to be done to control non-point source pollution.

The Clean Water Act (CWA)

The Environmental Protection Agency (EPA) has implemented pollution control programs such as setting wastewater standards for industry and developing national water quality criteria recommendations for pollutants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. The EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls these discharges.

The CWA also funded the construction of sewage treatment plants under the construction grants program and recognized the need for planning to address the critical problems posed by nonpoint source pollution. The law's objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters.

Under the CWA, federal facilities have regulatory responsibilities, including preventing water pollution, obtaining discharge permits, meeting applicable water quality standards, developing risk management plans, and maintaining records. The EPA ensures that federal facilities and their contractors comply with these requirements.

The CWA establishes several major integrated regulatory programs, standards, and plans, including the National Pollutant Discharge Elimination System (NPDES) Program, National and Local Pretreatment Standards, the Dredge or Fill Discharge Permit Program, and the Sewage Sludge Use and Disposal Program.

The Federal Water Pollution Control Act of 1948

The 1948 Act authorized the Surgeon General of the Public Health Service to prepare comprehensive programs for eliminating or reducing the pollution of interstate waters and improving the sanitary condition of surface and underground waters. The Federal Works Administrator was also empowered to assist states, municipalities, and interstate agencies in constructing treatment plants to prevent the discharge of inadequately treated sewage and other wastes into interstate waters.

The 1972 amendments to the CWA gave the Environmental Protection Agency (EPA) the authority to implement pollution control programs and set wastewater standards for industry. The EPA was also tasked with developing national water quality criteria recommendations for pollutants in surface waters. The amendments made it unlawful for any person to discharge pollutants from a point source into navigable waters without obtaining a permit.

The CWA has undergone further changes over the years, with subsequent amendments modifying some of its earlier provisions. For example, revisions in 1981 streamlined the municipal construction grants process, and changes in 1987 phased out the construction grants program, replacing it with the State Water Pollution Control Revolving Fund, commonly known as the Clean Water State Revolving Fund.

The Clean Water Act of 1977

The Act gave the Environmental Protection Agency (EPA) the authority to implement pollution control programs and set wastewater standards for industry. It also funded the construction of sewage treatment plants and recognised the need for planning to address critical problems caused by nonpoint source pollution.

The Act also introduced technology-based standards for point source discharges. The EPA develops these standards for categories of dischargers, based on the performance of pollution control technologies, without considering the conditions of a particular receiving water body.

In addition, the Clean Water Act of 1977 strengthened the EPA's authority to control toxic pollutants and required industry to meet best available technology standards for specified toxic pollutants by July 1, 1984. The Act also created a new category of non-conventional pollutants, which included pollutants that were not considered conventional or toxic, such as chemical oxygen demand, total organic carbon, nitrogen, and phosphorus.

The success of the Clean Water Act of 1977 was mixed. Programs affecting municipalities struggled due to uncertain funding and excessive red tape. However, programs aimed at industrial compliance were more successful, with an estimated 90% of the nation's industries meeting the deadline for using the best practicable technology.

The Water Quality Act (WQA) of 1987

The WQA introduced a definition for industrial stormwater dischargers and municipal separate storm sewer systems (MS4), classifying them as point sources and requiring them to obtain National Pollutant Discharge Elimination System (NPDES) permits by specific deadlines. The MS4 NPDES permits mandate that regulated municipalities use Best Management Practices to reduce pollutants to the "Maximum Extent Practicable".

The WQA also transitioned the municipal construction grants program authorized in the 1972 CWA to a revolving loan program. This change meant that industrial and other private facilities would need to finance their own treatment improvements, based on the polluter-pays principle.

In addition, the WQA created a program for the management of biosolids (sludge) generated by publicly owned treatment works (POTW). This program instructed the Environmental Protection Agency (EPA) to develop guidelines for the usage and disposal of sewage sludge. The EPA was also directed to establish the Great Lakes National Program Office and the Great Lakes Research Office to monitor the water quality of the Great Lakes and develop plans for reducing the amount of nutrients introduced into the lakes.

The WQA amended the CWA to authorize appropriations for FY 1983 through 1990 for various research, investigation, and training programs in water pollution control, as well as grants for developing waste treatment management plans and water pollution control programs in agricultural areas. It also increased the amount of funds available for addressing water quality problems in marine bays and estuaries.

The WQA established criminal penalties for the knowing disclosure of confidential information gained by authorized personnel during the inspection of treatment facilities. It also increased criminal and civil penalties for violations of the CWA and added administrative civil penalties for certain violations.

The Water Infrastructure Finance and Innovation Act of 2014

WIFIA's eligibility criteria for prospective borrowers include local, state, and tribal government entities, partnerships and joint ventures, corporations and trusts, and Clean Water and Drinking Water State Revolving Fund (SRF) programs.

Eligible projects under WIFIA include:

• Capital projects to construct, replace, or rehabilitate treatment works or community water systems.
• Projects to reduce energy consumption, increase water efficiency, or manage and control stormwater.
• Drought prevention, reduction, or mitigation projects.
• Brackish or seawater desalination, aquifer recharge, alternative water supply, and water recycling projects.

The minimum project size for large communities is $20 million, while for small communities (population of 25,000 or less), it is $5 million. The maximum portion of eligible project costs that WIFIA can fund is 49%, and the total federal assistance cannot exceed 80% of a project's eligible costs. The maximum final maturity date from substantial completion is 35 years, and the maximum time for repayment deferment after substantial completion is 5 years.

The interest rate for loans is set at or above the US Treasury rate for a similar maturity at the date of closing. Projects must be creditworthy and have a dedicated source of revenue. WIFIA also requires compliance with various federal provisions, including NEPA, Davis-Bacon, American Iron and Steel, and Build America.

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