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69-603: Blindleia is an 20-kilometre (12 mi) long inland waterway in the municipality of Lillesand in Agder county, Norway . The strait starts in the Gamle Hellesund or Ulvøysund areas in southern Høvåg in the southwest (near Kristiansand ) and it continues northeast past the town of Lillesand . It is a salt water fjord passage that is protected from the open sea by an elongated archipelago of skerries and larger islands. There are several narrow gaps as part of

138-533: A 9% increase . The association was stronger in those over 75 than in the population aged 65–74. This example is a small reflection of residents of the United States remain at risk of waterborne gastrointestinal illness under current water treatment practices. Reproductive problems refer to any illness of the reproductive system . New research by Brunel University and the University of Exeter strengthens

207-468: A budgetary procedure known as " earmarking ." Section 301 of the Act prohibits discharges to waters of the U.S. except with a permit. ( See Title IV for discussion of permit programs.) Recreational vessels are exempt from the permit requirements, but vessel operators must implement Best Management Practices to control their discharges. ( See Regulation of ship pollution in the United States .) Under

276-790: A complete inquiry of social and economic costs and benefits of achieving goals of the Act. Under section 309, EPA can issue administrative orders against violators, and seek civil or criminal penalties when necessary: States that are authorized by EPA to administer the NPDES program must have authority to enforce permit requirements under their respective state laws. Military bases, national parks and other federal facilities must comply with CWA provisions. Section 316 requires standards for thermal pollution discharges, as well as standards for cooling water intake structures (e.g., fish screens ). These standards are applicable to power plants and other industrial facilities. The 1987 amendments created

345-514: A demonstration grant program at the EPA to expand the research and development of non-point controls and management practices. Congress created a major public works financing program for municipal sewage treatment in the 1972 CWA. A system of grants for construction of municipal sewage treatment plants was authorized and funded in Title II . In the initial program, the federal portion of each grant

414-488: A direct transit of Mud Pond by canoe , within a tract of private property surrounded by public land within the Adirondack Park . In New York State, waterways that are 'navigable-in-fact' are considered public highways , meaning that they are subject to an easement for public travel, even if they are on private land. Brown argued that because he recreationally 'navigated' the waterway through private property, it

483-791: A higher rate of Parkinson's. The risk was 90 percent higher for those who had private wells near fields sprayed with widely used insecticides. Unlike water supplies in large cities, private wells are mostly unregulated and are not monitored for contaminants. Many of them exist at shallow depths of less than 20 yards, and some of the crop chemicals used to kill pests and weeds can flow into ground water. Therefore, private wells are likely to contain pesticides, which can attack developing brains (womb or infancy), leading to neurological diseases later in life. A study led by UCLA epidemiology professor Beate Ritz suggests that "people with Parkinson's were more likely to have consumed private well water, and had consumed it on average 4.3 years longer than those who did not have

552-437: A small river may be navigable by smaller craft such as a motorboat or a kayak , but unnavigable by a larger freighter or cruise ship . Shallow rivers may be made navigable by the installation of locks that regulate flow and increase upstream water level , or by dredging that deepens parts of the stream bed . Inland Water Transport ( IWT ) Systems have been used for centuries in countries including India, China, Egypt,

621-636: A surface area basis), and a little more than 70 percent of the nation's coastlines, and 90 percent of the surveyed ocean and near coastal areas were also impaired. The primary mode of informing the quality of water of rivers, lakes, streams, ponds, estuaries, coastal waters and wetlands of the U.S. is through the National Water Quality Inventory Report. Water quality assessments are conducted pursuant to water quality standards adopted by states and other jurisdictions (territories, interstate commissions and tribes). The report

690-575: A system of construction grants. The 1972 CWA provided that federal funds would support 75% of project costs, with state and local funds providing the remaining 25%. In 1981 Congress reduced the federal funding proportion for most grants to 55%. The construction grant program was replaced by the Clean Water State Revolving Fund in the 1987 WQA ( see Title VI ), although some local utilities continued to receive "special purpose project grants" directly from Congress, through

759-771: A three-tiered anti-degradation program. Anti-degradation procedures identify steps and questions that need to be addressed when specific activities affect water quality. "Tier 1" requirements are applicable to all surface waters. These requirements maintain and protect current uses and the water quality conditions to support existing uses. Current uses are identified by showing that fishing, swimming, and other water uses have occurred and are suitable since November 28, 1975. "Tier 2" requirements maintains and protects water bodies with existing conditions that are better to support "fishable/swimmable" uses pursuant to CWA section 101(a)(2). "Tier 3" requirements maintain and protect water quality in "outstanding national resource waters" (ONRWs), which are

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828-551: A water-body is presumed non-navigable with the burden of proof on the party claiming it is navigable. The U.S. Forest Service considers a waterbody not navigable until is adjudicated otherwise. see Whitewater v. Tidwell 770 F. 3d 1108 (2014). Therefore, and public rights associated with navigability cannot be presumed to exist without a finding of navigability. 'Navigability' is a legal term of art , which can lead to considerable confusion. In 2009, journalist Phil Brown of Adirondack Explorer defied private property postings to make

897-430: Is called a waterway , and is preferably with few obstructions against direct traverse that need avoiding, such as rocks , reefs or trees . Bridges built over waterways must have sufficient clearance . High flow speed may make a channel unnavigable due to risk of ship collisions . Waters may be unnavigable because of ice , particularly in winter or high- latitude regions. Navigability also depends on context:

966-450: Is conveyed to Congress as a means to inform Congress and the public of compliance with quality standards established by states, territories and tribes. The assessments identify water quality problems within the states and jurisdictions, list the impaired and threatened water bodies, and identify non-point sources that contribute to poor water quality. Every two years states must submit reports that describe water quality conditions to EPA with

1035-671: Is diluted by water. Methodology of mixing zone procedure determines the location, size, shape and quality of mixing zones. Variance policy temporarily relax water quality standard and are alternatives to removing a designated use. States and tribes may include variance as part of their water quality standard. Variance is subject to public review every three years and warrant development towards improvement of water quality. The "Low Flow" policy pertains to states and tribes water quality standards that identify procedures applied to determining critical low flow conditions. Most NPDES permittees are required to collect samples of their wastewater and analyze

1104-470: Is moved by this mode of transport. Waterways provide enormous advantages as a mode of transport compared to land and air modes of transports. Clean Water Act The Clean Water Act ( CWA ) is the primary federal law in the United States governing water pollution . Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing

1173-505: Is not sufficient to prove that a waterway is a public highway in New York State. The US Supreme Court had also found that use of modern water craft insufficient evidence to support a finding of navigability In India there are currently three National Waterways totaling a distance of 2921 km. They are: It is estimated that the total navigable length of inland waterways is 14500 km. A total of 16 million tonnes of freight

1242-542: Is water quality criteria which serves as a basis for limiting the toxicity of waste discharges to aquatic species. A biological criterion is based on the aquatic community which describes the number and types of species in a water body. A nutrient criterion solely protects against nutrient over enrichment, and a sediment criterion describes conditions of contaminated and uncontaminated sediments to avoid undesirable effects. The water quality regulations include an anti-degradation policy that requires states and tribes to establish

1311-515: The Nonpoint Source Management Program under CWA section 319. This program provides grants to states, territories and Indian tribes to support demonstration projects, technology transfer , education, training, technical assistance and related activities designed to reduce nonpoint source pollution. Grant funding for the program averaged $ 210 million annually for Fiscal Years 2004 through 2008. Congress amended

1380-796: The Safe Drinking Water Act , Resource Conservation and Recovery Act , and the Superfund act. Contamination of drinking water supplies can not only occur in the source water but also in the distribution system. Sources of water contamination include naturally occurring chemicals and minerals (arsenic, radon, uranium), local land use practices (fertilizers, pesticides, concentrated feeding operations), manufacturing processes, and sewer overflows or wastewater releases. Some examples of health implications of water contamination are gastrointestinal illness, reproductive problems, and neurological disorders. Infants, young children, pregnant women,

1449-530: The U.S. Environmental Protection Agency (EPA) in coordination with state governments, though some of its provisions, such as those involving filling or dredging, are administered by the U.S. Army Corps of Engineers . Its implementing regulations are codified at 40 C.F.R. Subchapters D, N, and O (Parts 100–140, 401–471, and 501–503). Technically, the name of the law is the Federal Water Pollution Control Act . The first FWPCA

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1518-588: The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) to provide an expanded credit program for water and wastewater infrastructure projects, with broader eligibility criteria than the previously authorized revolving fund unter CWA Title VI. Pursuant to WIFIA, EPA established its Water Infrastructure and Resiliency Finance Center in 2015 to help local governments and municipal utilities design innovative financing mechanisms, including public–private partnerships . Congress amended

1587-459: The "functional equivalent of a direct discharge" to navigable waters, such as in this case, the injection of wastewater into groundwater injection wells . As of the time of the case's decision, this was not an area the EPA has established regulations for, and the Court instructed the EPA to work with the courts to define such functional equivalents. The Court wrote that this would likely depend most on

1656-436: The 1972 act EPA began to issue technology-based standards for municipal and industrial sources: As of 2023 the effluent guidelines and categorical pretreatment standards regulations have been published for 59 categories and apply to between 35,000 and 45,000 facilities that discharge directly to the nation's waters,129,000 facilities that discharge to POTWs, and construction sites. These regulations are responsible for preventing

1725-474: The Clean Water Act. Therefore, the Clean Water Act establishes Federal jurisdiction beyond "navigable waters" extending a more limited federal jurisdiction under the Act over private property which may at times be submerged by waters. Because jurisdiction under the Clean Water Act extends beyond public property, the broader definitions of "traditional navigable" and "significant nexus" used to establish

1794-715: The Mud Pond rapids." However, New York's highest court, the New York Court of Appeals overturned the lower court decisions, and sent the case back to the trial court for consideration of "the Waterway's historical and prospective commercial utility, the Waterway's historical accessibility to the public, the relative ease of passage by canoe, the volume of historical travel, and the volume of prospective commercial and recreational use." The decision by New York's highest court established that recreational 'navigability' alone

1863-600: The Netherlands, the United States, Germany, and Bangladesh. In the Netherlands, IWT handles 46% of the nation's inland freight ; 32% in Bangladesh, 14% in the United States, and 9% in China. What constitutes "navigable" waters can not be separated from the context in which the question is asked. Numerous federal agencies define jurisdiction based on navigable waters, including admiralty jurisdiction, pollution control, to

1932-735: The Supreme Court rejected the "significant nexus" test in Sackett v. EPA and established the current definition. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include: Point sources may not discharge pollutants to surface waters without an NPDES permit. The system is managed by EPA in partnership with state environmental agencies. EPA has authorized 47 states to issue permits directly to

2001-484: The TMDL determines load based on a Waste Load Allocation (WLA), Load Allocation (LA), and Margin of Safety (MOS) Once the TMDL assessment is completed and the maximum pollutant loading capacity defined, an implementation plan is developed that outlines the measures needed to reduce pollutant loading to the non-compliant water body, and bring it into compliance. Over 60,000 TMDLs are proposed or in development for U.S. waters in

2070-424: The U.S. Department of Agriculture to improve runoff management practices on farms. See Natural Resources Conservation Service . Stormwater runoff from industrial sources, municipal storm drains , and other sources were not specifically addressed in the 1972 law. EPA had declined to include urban runoff and industrial stormwater discharges in its initial implementation of the NPDES program, and subsequently

2139-493: The U.S. This statute also requires a permit from the U.S. Army Corps of Engineers for any construction in or over any navigable water, or the excavation or discharge of material into such water, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters. However, the ACOE recognizes that only the judiciary can make a definitive ruling as to which are navigable waters.33 CFR 329 For

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2208-638: The United States." In 2006, in Rapanos v. United States , a plurality of the US Supreme Court authored by Justice Antonin Scalia held that the term "waters of the United States" "includes only those relatively permanent, standing or continuously flowing bodies of water 'forming geographic features' that are described in ordinary parlance as 'streams[,]... oceans, rivers, [and] lakes.'" The concurrent written opinion of Justice Anthony Kennedy defined

2277-681: The WIFIA program in 2015, 2016 and 2018. This Act has six titles. Title I includes a Declaration of Goals and Policy and various grant authorizations for research programs and pollution control programs. Some of the programs authorized by the 1972 law are ongoing (e.g. section 104 research programs, section 106 pollution control programs, section 117 Chesapeake Bay Program ) while other programs no longer receive funds from Congress and have been discontinued. To assist municipalities in building or expanding sewage treatment plants, also known as publicly owned treatment works (POTW), Title II established

2346-563: The agency was sued by an environmental group . In 1977, the D.C. Circuit Court of Appeals ruled that stormwater discharges must be covered by the permit program. Research conducted starting in the late 1970s and 1980s indicated that stormwater runoff was a significant cause of water quality impairment in many parts of the US. In the early 1980s, the EPA conducted the Nationwide Urban Runoff Program (NURP) to document

2415-762: The discharge of almost 700 billion pounds of pollutants each year. EPA has updated some categories since their initial promulgation and has added new categories. The secondary treatment standards for POTWs and the effluent guidelines are implemented through NPDES permits. (See Title IV .) The categorical pretreatment standards are typically implemented by POTWs through permits that they issue to their industrial users. The CWA requires states to monitor their water bodies and establish Water Quality Standards for them. Water Quality Standards (WQS) are risk-based requirements which set site-specific allowable pollutant levels for individual water bodies, such as rivers, lakes, streams and wetlands. States set WQS by designating uses for

2484-521: The discharging facilities. The CWA also allows tribes to issue permits, but no tribes have been authorized by EPA. In the remaining states and territories , the permits are issued by an EPA regional office. (See Titles III and IV .) In legislation prior to 1972, Congress had authorized states to develop water quality standards, which would limit discharges from facilities based on the characteristics of individual water bodies. However, those standards were to be developed only for interstate waters, and

2553-594: The disease." Under the current Supreme Court rule issued in 2023, all waters (such as streams, oceans, rivers and lakes) with "a continuous surface connection" to "navigable waters" are covered under the CWA. The 1972 statute frequently uses the term "navigable waters" but also defines the term as "waters of the United States, including the territorial seas." Regulations interpreting the 1972 law have included water features such as intermittent streams , playa lakes , prairie potholes , sloughs and wetlands as "waters of

2622-597: The distance the pollutants traveled and time to reach navigable waters, with consideration for the material that the pollutants traveled through, any physical or chemical interaction of the pollutants with components in the ground, and how much of the pollutant makes it to the navigable water. In July 2021, following the Supreme Court decision, the Hawaii District Court determined that the Maui County sewage treatment plant's groundwater injection of sewage

2691-467: The ebb and flow of the tide, and those inland waters that are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce while the waterway is in its ordinary condition at the time of statehood. Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), approved 3 March 1899, prohibits the unauthorized obstruction of a navigable water of

2760-410: The elderly are at highest risk for gastrointestinal disease. In a study investigating the association between drinking water quality and gastrointestinal illness in the elderly of Philadelphia, scientists found water quality 9 to 11 days before the visit was negatively associated with hospital admissions for gastrointestinal illness, with an interquartile range increase in turbidity being associated with

2829-449: The elderly, and people whose immune systems are compromised because of AIDS, chemotherapy, or transplant medications, may be especially susceptible to illness from some contaminants. Gastrointestinal disorders include such conditions as constipation, irritable bowel syndrome, hemorrhoids, anal fissures, perianal abscesses, anal fistulas, perianal infections, diverticular diseases, colitis, colon polyps and cancer. In general, children and

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2898-782: The extent of the urban stormwater problem. The agency began to develop regulations for stormwater permit coverage but encountered resistance from industry and municipalities, and there were additional rounds of litigation. The litigation was pending when Congress considered further amendments to the CWA in 1986. In the Water Quality Act of 1987, Congress responded to the stormwater problem by defining industrial stormwater dischargers and municipal separate storm sewer systems (often called "MS4") as point sources, and requiring them to obtain NPDES permits, by specific deadlines. The permit exemption for agricultural discharges continued, but Congress created several programs and grants, including

2967-644: The flow from non-navigable tributaries in order to protect commerce downstream, [ US v. Rio Grande Irrigation , 174 U.S. 690, 708 (1899)], [ Oklahoma v. Atkinson , 313 US 508, 525]. Also, the Clean Water Act has introduced the terms "traditional navigable waters," and "waters of the United States" to define the scope of Federal jurisdiction under the Clean Water Act. Here, "Waters of the United States" include not only navigable waters, but also tributaries of navigable waters and nearby wetlands with "a significant nexus to navigable waters"; both are covered under

3036-405: The highest quality waters in the US with ecological significance. States and Native American tribes also adopt general policies pertaining to water quality standards that are subject to review and approval by the EPA. Those provisions on water quality standards include mixing zones, variance, and low flow policies. Mixing zone policy is defined area surrounding a point source discharge where sewage

3105-465: The licensing of dams, and even property boundaries. The numerous definitions and jurisdictional statutes have created an array of case law specific to which context the question of navigability arises. Some of the most commonly discussed definitions are listed here. Navigable waters, as defined by the US Army Corps of Engineers as codified under 33 CFR 329 , are those waters that are subject to

3174-426: The navigable water was conveyed to the state as part of the transportation network in order to facilitate commerce. Most states retained title to these navigable rivers in trust for the public. Some states divested themselves of title to the land below navigable rivers, but a federal navigable servitude remains if the river is a navigable waterway. Title to the lands submerged by smaller streams are considered part of

3243-647: The next decade and a half. Following the issuance of a TMDL for a water body, implementation of the requirements involves modification to NPDES permits for facilities discharging to the water body to meet the WLA allocated to the water body (see Title IV ). The development of WQS and TMDL is a complex process, both scientifically and legally, and it is a resource-intensive process for state agencies. More than half of U.S. stream and river miles continue to violate water quality standards. Surveys of lakes, ponds and reservoirs indicated that about 70 percent were impaired (measured on

3312-412: The permit. The 1972 act authorized continued use of the water quality-based approach, but in coordination with the technology-based standards. After application of technology-based standards to a permit, if water quality is still impaired for the particular water body, then the permit agency may add water quality-based limitations to that permit. The additional limitations are to be more stringent than

3381-423: The point source definition in the 1972 CWA and was unclear on the status of some other sources. Such sources were therefore considered to be nonpoint sources that were not subject to the permit program. Agricultural stormwater discharges and irrigation return flows were specifically exempted from permit requirements. Congress, however, provided support for research, technical and financial assistance programs at

3450-657: The property through which the water flows and there is no 'public right' to enter upon private property based on the mere presence of water. The scope of the Federal Energy Regulatory Commission (FERC) authority was granted under the Federal Power Act, 1941 (16 U.S.C 791). Such authority is based on congressional authority to regulate commerce; it is not based exclusively on title to the riverbed [16 U.S.C. 796(8)] or even navigability. Therefore, FERC's permitting authority extends to

3519-406: The purposes of transferring property title into public property, the definition of a Navigable waterways closely follows 33 CFR 329. For the purpose of establishing which river is public and therefore state-owned, what is navigable is a constitutional question defined by Federal case law. (See PPL Montana v Montana (2012).) If a river was considered navigable at the time of statehood, the land below

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3588-544: The relationship between water pollution and rising male fertility problems. Study identified a group of chemicals that act as anti-androgens in polluted water, which inhibits the function of the male hormone, testosterone, reducing male fertility. Neurological disorders are diseases of the brain, spine and the nerves that connect them. The new study of more than 700 people in California's Central Valley found that those who likely consumed contaminated private well water had

3657-412: The responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment ; and maintaining the integrity of wetlands . The Clean Water Act was one of the United States' first and most influential modern environmental laws . Its laws and regulations are primarily administered by

3726-620: The samples using test methods specified in their permits. EPA publishes analytical methods that are used by the permittees. The procedures identify chemical compounds and microbiological components of wastewater, as required by the act. Some of the chemical compound test procedures include the chemical detection of trace elements such as cancer-causing metals. Some microbiological test procedures use microbial source tracking (MST) techniques to calculate and identify biological and chemical trends that may support new regulatory limits on pollutants. Congress exempted some water pollution sources from

3795-469: The science to support that process (i.e. data, methodology) was in the early stages of development. That system was not effective, and there was no permit system in place to enforce the requirements. In the 1972 CWA, Congress added the permit system and a requirement for technology-based effluent limitations. In the 2020 Supreme Court case County of Maui v. Hawaii Wildlife Fund , the Court also validated that some discharges may not be point sources, but are

3864-479: The scope of authority under the Act are still ambiguously defined and therefore open to judicial interpretation as indicated in two U.S. Supreme Court decisions: Carabell v. United States and Rapanos v. United States . However, because authority under the Act is limited to protecting only navigable waters, jurisdiction over these smaller creeks is not absolute and may require just compensation to property owners when invoked to protect downstream waters. Finally,

3933-428: The section 303(d) list of water bodies not meeting standards. Water bodies on the 303(d) list require development of a Total Maximum Daily Load (TMDL). A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet WQS. The TMDL is determined after study of the specific properties of the water body and the pollutant sources that contribute to the non-compliant status. Generally,

4002-482: The technology-based limitations and would require the permittee to install additional controls. Water quality standards consist of four basic elements: 1) Designated uses; 2) Water quality criteria; 3) Antidegradation policy and 4) General policies. The water quality standards regulations require states and federally recognized tribes/nations to specify appropriate uses for water bodies in their jurisdiction. Identification of appropriate water uses takes into consideration

4071-497: The term more broadly, including wetlands with a "significant nexus" to traditionally-defined navigable waters. Since Rapanos , the EPA and the U.S. Army Corps of Engineers have attempted to define protected waters in the context of Rapanos through the 2015 Clean Water Rule , but this has been highly controversial. The agencies considered the CWA to cover bodies of water with a "significant nexus" with traditional navigable waters, according with Justice Kennedy's definition. In 2023,

4140-597: The usage and value of public water supply, protection of fish, wildlife, recreational waters, agricultural, industrial and navigational water ways. Suitability of a water body is examined by states and tribes/nations usages based on physical, chemical, and biological characteristics. States and tribes/nations also examine geographical settings, scenic qualities and economic considerations to determine fitness of designated uses for water bodies. If those standards indicate designated uses to be less than those currently attained, states or tribes are required to revise standards to reflect

4209-463: The use must be designated. States and federally recognized Indigenous Nations protect their designated areas by adopting water quality criteria that the EPA publishes under CWA section 304(a), modifying the criteria to reflect site-specific conditions or adopting criteria based on other scientifically defensible methods. Water quality criteria can be numeric criteria that toxicity causes are known for protection against pollutants. A narrative criterion

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4278-465: The uses that are actually being attained. For any body of water with designated uses that do not include "fishable/swimmable" target use that is identified in section 101(a)(2) of CWA, a "Use Attainability Analysis" must be conducted. Every three years, such bodies of water must be re-examined to verify if new information is available that demand a revision of the standard. If new information is available that specify "fishable/swimmable" uses can be attained,

4347-526: The water body (e.g., recreation, water supply, aquatic life, agriculture) and applying water quality criteria (numeric pollutant concentrations and narrative requirements) to protect the designated uses. An antidegradation policy is also issued by each state to maintain and protect existing uses and high quality waters. If a state fails to issue WQS, EPA is required to issue standards for that state. Water bodies that do not meet applicable water quality standards with technology-based controls alone are placed on

4416-403: The waterway, some of them only 10 metres (33 ft) wide. Navigation through the passage is detailed but supposedly not difficult—since there are no tides and very little current—with clearly marked buoys and a few lighthouses along the way. This Agder location article is a stub . You can help Misplaced Pages by expanding it . Navigability Such a navigable water

4485-691: Was enacted in 1948, but took on its modern form when completely rewritten in 1972 in an act entitled the Federal Water Pollution Control Act Amendments of 1972 . Major changes have subsequently been introduced via amendatory legislation including the Clean Water Act of 1977 and the Water Quality Act (WQA) of 1987. The Clean Water Act does not directly address groundwater contamination . Groundwater protection provisions are included in

4554-422: Was the "functional equivalent of a direct discharge" and required the plant to obtain an NPDES permit. The 1972 CWA created a new requirement for technology-based standards for point source discharges. EPA develops those standards for categories of dischargers, based on the performance of pollution control technologies without regard to the conditions of a particular receiving water body . The intent of Congress

4623-497: Was therefore a public highway. He prevailed in the trial court when sued for trespassing by the owners of the property, a decision upheld by the New York Supreme Court, Appellate Division , Third Department. The land was found "subject to a public right of navigation, including the right to portage on plaintiff's land where absolutely necessary for the limited purpose of avoiding obstacles to navigation such as

4692-460: Was to create a "level playing field" by establishing a basic national discharge standard for all facilities within a category, using a " Best Available Technology ." The standard becomes the minimum regulatory requirement in a permit. If the national standard is not sufficiently protective at a particular location, then water quality standards may be employed, and the permit authority (state or EPA) will include water quality-based effluent limitations in

4761-459: Was up to 75 percent of a facility's capital cost , with the remainder financed by the state. In subsequent amendments Congress reduced the federal proportion of the grants and in the 1987 WQA transitioned to a revolving loan program in Title VI . Industrial and other private facilities are required to finance their own treatment improvements based on the polluter pays principle . Congress passed

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