What US Clean Water Act: Discharge Prohibition, NPDES Permits, Dredge-and-Fill and Penalties requires
The Clean Water Act (CWA), formally the Federal Water Pollution Control Act, codified at 33 U.S.C. Chapter 26 (sections 1251-1389), is the principal US statute governing the discharge of pollutants into the waters of the United States and the quality of surface waters, administered by the US Environmental Protection Agency (EPA) together with authorized states and the US Army Corps of Engineers. Section 1311(a) establishes the core prohibition: the discharge of any pollutant by any person is unlawful except in compliance with stated sections, including the effluent limitations (1311, 1312), new source performance standards (1316), toxic and pretreatment standards (1317), the National Pollutant Discharge Elimination System (NPDES) permit program (1342) and the dredged-or-fill material permit program (1344). Section 1313 requires states to adopt water quality standards; section 1318 confers records, reporting, monitoring and inspection authority. Section 1342 authorizes the EPA (or an EPA-approved state program) to issue NPDES permits, for fixed terms not exceeding five years, that impose technology-based and water-quality-based effluent limitations and monitoring conditions. Section 1344 governs permits, issued by the Army Corps of Engineers, for the discharge of dredged or fill material into navigable waters. Section 1321 imposes liability and notification duties for discharges of oil and hazardous substances. Section 1319 sets enforcement and penalties: administrative penalties up to $25,000 (Class I) or $125,000 (Class II); civil penalties up to $25,000 per day per violation; criminal penalties for negligent violations ($2,500-$25,000 per day and up to one year), knowing violations ($5,000-$50,000 per day and up to three years), and knowing endangerment (up to $250,000 and 15 years for individuals, up to $1,000,000 for organizations), with all amounts doubled for subsequent offences. Section 1365 authorizes citizen suits. Section 1362 supplies the key definitions of 'pollutant', 'point source', 'discharge of a pollutant' and 'navigable waters'.
Pillar: Water & Environmental Resources · Authority: US Congress / Environmental Protection Agency and US Army Corps of Engineers · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title33/html/USCODE-2022-title33-chap26.htm
SHA-256 integrity: e265ee75fa21c53a2226ae161e4ebffdc5e163746f677d9d7f9fd08af7b2bf8e
Primary Citations — 8 traced to source
- Clean Water Act (Federal Water Pollution Control Act), 33 U.S.C. 1311 - effluent limitations and the prohibition on the discharge of any pollutant except in compliance with stated sections.
- Clean Water Act, 33 U.S.C. 1313 - water quality standards and implementation plans.
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