1 / 19

Regulations that Protect Clean Water

Regulations that Protect Clean Water. Jocelyn Mullen, P.E. PART 2 OF PRESENTATION Presented at The Water Course January 27, 2010 Mesa County Water Association. Six Common Processes at State Level. Primacy or authorization Ambient Monitoring Setting technology- and risk-based standards

rafe
Download Presentation

Regulations that Protect Clean Water

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Regulations that Protect Clean Water Jocelyn Mullen, P.E. PART 2 OF PRESENTATION Presented at The Water Course January 27, 2010 Mesa County Water Association

  2. Six Common Processes at State Level • Primacy or authorization • Ambient Monitoring • Setting technology- and risk-based standards • Permitting • Discharge Monitoring and Compliance Determinations • Enforcement

  3. What Is a Permit? • Establishes the technical and administrative conditions for operation • Allows EPA and States to track compliance • Assures communication between regulated party and permitting authority • Includes the public as a stakeholder

  4. NPDES Permitting • Illegal for point source (pipe, ditch, channel, tunnel, vessel, rolling stock, or other manmade conveyance) to discharge pollutants to surface waters without a permit • Permit is a license granting permission to discharge • Not a right: permit is revocable “for cause” (e.g., non-compliance)

  5. NPDES Program: Coverage • Wastewater • Storm water runoff • Concentrated animalfeeding operations • Mines • Ships • Offshore oil rigs • Remedial action activity

  6. Direct Indirect Industry POTW Industry Direct and Indirect Discharges

  7. NPDES Permits • Permit term: 5 years • Issued by authorized States, Tribes, or EPA • Public review and comment on draft permits • EPA review of State draft permits • Discharges to territorial seas • Discharge may affect water of another State • Selected “majors” (> 1 MGD) • Administrative and judicial appeal processes

  8. NPDES Permits: Elements • Effluent limits • Best management practices • Compliance schedule • Monitoring requirements • Reporting requirements • Reopener provisions • For POTWs only: pretreatment program and sludge management program

  9. Effluent (Discharge) Limits • “Technology-based” end-of-pipe performance requirements (concentration/mass) • BAT, NSPS, PSES, secondary treatment • Spelled out in EPA regulation packages (effluent guidelines) • Use best professional judgment (BPJ) if no EPA regulations • Water quality-based (linked to TMDLs) • Only where tech-based controls are insufficient to meet WQS • Back-calculated from numeric WQC: pollutant concentrations in discharge • Derived from narrative criteria: whole effluent toxicitytesting

  10. Six Common Processes at State Level • Primacy or authorization • Ambient Monitoring • Setting technology- and risk-based standards • Permitting • Discharge Monitoring and Compliance Determinations • Enforcement

  11. Wastewater Discharge Monitoring in Colorado • Self monitoring – performed by permitted entity • Compliance Sampling Inspections (CSI) • Compliance Evaluation Inspections (CEI) Performed by the State

  12. Wastewater Discharge Monitoring • Self –Monitoring: • Entity samples point sources according to permit requirements • Permits specify location, frequency, sample type, analyses • Regulatory agency notified of results using Discharge Monitoring Reports (DMRs) • Regulatory agency notified of noncompliance

  13. Compliance Determinations • DMRs reviewed by agency • Results entered into National Database (Permit Compliance System PCS or Integrated Compliance Information System ICIS) • Compliance Advisory, Notice of Violation issued by regulatory agency for significant noncompliance

  14. Six Common Processes at State Level • Primacy or authorization • Ambient Monitoring • Setting technology- and risk-based standards • Permitting • Discharge Monitoring and Compliance Determinations • Enforcement

  15. Enforcement • Agencies have discretion in enforcement • Actions depend on risk to public health, environment and facility history • Preventive actions come first • Informal actions are less resource-intensive, often effective in achieving compliance • Formality of actions escalates with continued noncompliance

  16. Enforcement • Formal enforcement actions • Administrative orders and penalties • Civil actions • Criminal actions

  17. Enforcement • Referral to EPA for enforcement • Joint EPA-State enforcement actions • Independent EPA enforcement actions • Citizen suits

  18. Additional Strategies to Meet Standards Water Resource Protection CWA: Total Maximum Daily Loads Antidegradation Nonpoint Source Program

  19. Additional Strategies Include: • Water Resource Protection • Regulations and Permits • Land Use Controls • Public Education • Structural Measures • Responsible Land Management • Good Housekeeping Practices

More Related