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Legal Tools for Reducing HABs In Lake Erie

Legal Tools for Reducing HABs In Lake Erie. Kenneth Kilbert University of Toledo College of Law March 2012. Point v. Nonpoint. “Point source” Clean Water Act § 502(14): any discernible, confined, discrete conveyance Nonpoint source Undefined: diffuse sources other than point

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Legal Tools for Reducing HABs In Lake Erie

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  1. Legal Tools for Reducing HABs In Lake Erie Kenneth Kilbert University of Toledo College of Law March 2012

  2. Point v. Nonpoint • “Point source” • Clean Water Act § 502(14): any discernible, confined, discrete conveyance • Nonpoint source • Undefined: diffuse sources other than point • Legal distinction is critical • Points heavily regulated (NPDES permit, etc.) • Nonpoints not so much

  3. Federal Nonpoint Source Programs • Clean Water Act • Section 208 • Section 319 • Coastal Zone Management Act • Coastal Nonpoint Pollution Control Program

  4. Ohio Agricultural Nonpoint Source Authorities • ORC ch. 903 and CAFFs • Ohio Admin. Code 901:10 • Permit To Install, Permit To Operate • ORC ch. 1511 and Agricultural Pollution Abatement Program • Ohio Admin. Code 1501:15-5 • BMPs, “distressed watershed”, cost-sharing

  5. Recommendations • Agriculture • Designate more “distressed watersheds” • Rules setting minimum BMPs, streamlining enforcement • Amend “CAFF” definition • Water quality trading • Ban phosphorus lawn fertilizer • Numeric water quality standards

  6. Recommendations (Cont.) • More TMDLs • Strengthen NPDES permits • Home sewage treatment systems • Restrict open lake disposal • Limit phosphate addition to water systems • Attain final approval of Ohio CNPCP plan • Prioritize grant funding

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