Connaughton, executive office of the president, council on environmental quality, to mr. Environmental issues environmental auditing laws, regulations and rules environmental permits water quality management. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Interpretive rule regarding applicability of the exemption. 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. Activities in waters of the united states regulated under this program include fill for development, water resource projects. This video explains the clean water act as it applies to the regulatory process for the u.
Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. Clean water rule definition of waters of the us a for purposes of the clean water act, 33 u. As demonstrated by the following example, epa and the corps reserve their criminal enforcement authority for only the most flagrant and egregious section 404 violations. Overview of clean water act section 404 section 404 of. Entergy must obtain authorization from the corps in order to proceed with any activities governed by these statutes at the bayou aux carpes cwa section 404c site. National environmental policy act clean water act section 404 nepa404 merger process for transportation projects in colorado march 2015 background in a may 12, 2003, letter from mr. Section 404c of the clean water act and the history of state and federal efforts to conserve the kvichak and nushagak drainages of alaska.
An overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. Section 404 of the clean water act environment federalaid. It is also clear that congress envisioned that the states would play an active role in permitting dredge and fill. Section 65f1 allows citizens to bring suit based on an unlawful act under 33 u.
Section 404f of the clean water act trench warfare over maintenance of agricultural drainage ditches. For the purpose of this subsection, the term hazardous substance means a any substance designated pursuant to section 311b2a of this title, b any element, compound, mixture, solution, or substance designated pursuant to section 9602 of title 42, c any hazardous waste having the characteristics identified under or listed pursuant. Activities in waters of the united states that are regulated under this program include fills for development, water resource. Shortterm water quality standard for turbidity 318 authorization g. Thomas judge letter, june 25, 1977 5 clean water act section 404 program assumption, a handbook for. For detailed information on this topic please visit the u.
History of the clean water act the federal water pollution control act of 1948 was the first major u. Wetlands and streams provide important environmental functions including protecting and improving water quality and providing habitat to fish and. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. Section 404 of the clean water act cwa requires a permit for the discharge of dredged or fill materials into waters of the united states. This video is an introduction to clean water act, section 404b1. Vetoing wetland permits under section 404c of the clean water act. Clean water act legal research books search this guide search.
Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. Analysis of clean water act section 403 ocean discharge criteria erc report. The steepest hurdle in obtaining a clean water act. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. Legislative history documents related to clean water act section 404 g1, including preambles and congressional conference reports daniel ball case note. Vetoing wetland permits under section 404 c of the clean water act. The 404b1 guidelines included in title 40 of the code of federal regulations, part 230, provide the substantive criteria used in evaluating discharges of dredged or fill material in waters of the united states u. Issues to consider for state administration of section 404.
Fish passage requirements of the clean water act section. Also noted is the somewhat limited role that cwa compensatory mitigation plays in the attempt to. Section 65f6, on the other hand, allows citizen plaintiffs to bring suit based on violations. Construction and application of 401 water quality certification requirement under federal clean water act, 33 u. Legislative history documents related to clean water act. The purpose of this interpretive rule is to clarify the applicability of the exemption.
Mar 03, 2016 since enactment of the clean water act, epa and the corps have used their criminal enforcement authorities sparingly in response to section 404 violations. Clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Congress enacted section 404 f in 1977 as part of its midcourse corrections to the clean water act and in response to public reaction following the corps expansion of its section 404 jurisdiction in the wake of the 1975 decision, natural resources defense council, inc. Section 404 permit program section 404 of the clean water. This video is part of the federalaid essentials for local public agencies web site and resource library. National environmental policy act clean water act section. States and federal agencies share critical roles in. Oct 24, 2016 this video is part of the federalaid essentials for local public agencies web site and resource library.
The application of the federal fiveyear statute of. Fish passage requirements of the clean water act section 404. Clean water act section 404q factsheet section 404 of the. Wright water engineers section 404 clean water act. Clean water act section 404 the stream disturbance mentioned above is more accurately referred to as discharge, which consists of either removing material dredging or placing material filling within the jurisdictional limits of a stream, lake, pond, wetland, or other body of water. This council on environmental quality memorandum establishes procedures for coordinating agency views and formulating administration policy prior to requesting congressional action on projects that may be subject to section 404r of the clean water act. An overview section 404 of the clean water act establishes a program to regulate the discharge of dredged and fill material into waters of the united states, including wetlands. Dvids video clean water act section 404 b 1 guidelines. Analysis of clean water act section 403 ocean discharge. Applying section 404r of the clean water act to federal. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Clean water act section 404q dispute resolution process, case statistics and references. When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or appropriations with the application of section 404 r. Rather, section 404f1 exempts only those activities specifically identified.
Mar 03, 2016 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. Vetoing wetland permits under section 404c of the clean. Wwe has successfully obtained permits for projects of all sizes. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Section 208 required all states to assess damages to water quality from nonpoint source pollution and to develop either. The clean water act cwa is the primary federal law in the united states governing water pollution. The discharge of dredged or fill material as part of the construction of a federal project specifically authorized by congress, whether prior to or on or after december 27, 1977, is not prohibited by or otherwise subject to regulation under this section, or a state program approved under this section, or section 11a or 42 of this title. Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. This council on environmental quality memorandum establishes procedures for coordinating agency views and formulating administration policy prior to requesting congressional action on projects that may be subject to section 404 r of the clean water act federal water pollution control act, as amended. Entergy must obtain authorization from the corps in order to proceed with any activities governed by these statutes at the bayou aux carpes cwa section 404 c site. The 404 b1 guidelines included in title 40 of the code of federal regulations, part 230, provide the substantive criteria used in evaluating discharges of dredged or fill material in waters of the united states u. According to the clean water act, section 404 c authority may be exercised before a permit is.
Clean water act section 404 compliance and the nationwide. The clean water act handbook 3rd edition by mark a. Federal rivers and harbors act section 10 permit f. Agency interpretaton on applicability of section 402 of. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. Appendix f clean water act section 404b1 evaluation. Section 404f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. The steepest hurdle in obtaining a clean water act section 404 permit. Clean water act, section 309 enforcement section 404.
The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. These criteria are applicable to all 404 permit decisions. For example, instream or streambank work such as bank shaping around a headgate or working on a weirdiversion dam will require a section 404. Section 404 of the clean water act permitting and investigation. This chapter describes the evolution of compensatory mitigation requirements in the clean water act cwa section 404 program, including agency guidance on the use of mitigation banks and inlieu fees. The army corps of engineers issues permits that are needed for any work, including construction and dredging, in the nations navigable waters. Tribes that have applied to be treated as a state for the purposes of implementing clean water act. If you think you may have wetlands on your property subject to regulation under cwa section 404, contact your local corps district of fice for assistance to determine whether your area is a pnorconverted cropland or a farmed wetland subject to swampbuster, contact. The rivers and harbors act of 1899 defined navigable waters of the united states as those waters that are subject to the ebb and flow of the tides andor are presently used, or have been used in the past, or may be susceptible to use to transport. Companion resource for section 404 of the clean water act. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the secretary shall publish the notice required by.
National environmental policy act clean water act section 404 nepa 404 merger process for transportation projects in colorado march 2015 background in a may 12, 2003, letter from mr. Section 404 of the clean water act rutgers njaes office of. Montana water use act water right permit and change authorization i. Thomas judge letter, june 25, 1977 5 clean water act section 404 program assumption, a handbook for states and tribes, august 2011.
Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters. Agency interpretaton on applicability of section 402 of the. Overview of clean water act section 404 a the secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. The attleboro mallupholding the presumption against nonwater dependent uses in sweedens swamp 1986 through conclusion, with footnotes, p.
Section 404 of the clean water act establishes a program to regulate the discharge of dredged or fill material into waters of the united states. The steepest hurdle in obtaining a clean water act section. Section 404 of the clean water act environment federal. Congress enacted section 404f in 1977 as part of its midcourse corrections to the clean water act and in response to public reaction following the corps expansion of its section 404 jurisdiction in the wake of the 1975 decision, natural resources defense council, inc. Parker the kvichak and nushagak river drainages of bristol bay in southwest alaska are major contributors to the worlds largest commercial salmon fishery, offer worldclass sport. As mentioned earlier, section 404 of the clean water act established a regulatory program for the disposal of dredged or fill materials in the waters and wetlands of the united states.
The secretary of the army, acting through the chief of engineers, is authorized to delegate to the state of washington upon its request all or any part of those functions vested in such secretary by section 404 of the federal water pollution control act this section and by sections 9, 10, and. U section 404f exemptions do not applyto any activity within a navigable water of the u. As amended in 1977, the law became commonly known as the clean water act cwa. Although water transfers are not generally subject to section 402 of the clean water act, the act reserves the ability of states to regulate water transfers under state law. Section 404 permit program section 404 of the clean. Congress intended to leave oversight ofwater transfers to water resource. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure development such as highways and airports and. The jurisdictional limits of a stream are referred to.
Not later than the fifteenth day after the date an applicant submits. Analysis of clean water act section 403 ocean discharge criteria erc report harwell, christine c on. Clean water act section 404c veto authority factsheet. Corps issued regulations defining waters of the us.
You may need a pdf reader to view some of the files on this page. Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. Midcourse corrections in the section 404 program james r. Guidance on applying section 404r of the clean water act. Federalaid essentials for local public agencies general permits are a form of permit used to authorize specific activities determined to have no. This approval does not provide authorization under section 10 of the rivers and harbors act of 1899 or section 404 of the clean water act for entergys proposed discharges. When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or appropriations with the application of section 404r. Applying section 404 r of the clean water act to federal projects which involve the discharge of dredged or fill materials into waters of the u. Cwa section 404 enforcement overview section 404 of the.
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