Section 404 of the cwa regulates discharge of materials into waters of the u. Anne mansfield, associate director of vermont law schools environmental law center elc, and jane dantonio, elc institute administrator, saw to the countless administrative and editorial details necessary to assure both web and print. 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. Chapters 4 and 5 of this book outlined the scope of activities that require a. As the cwa has been on the books since 1972, the defendants complaint in. Section 404 f of the federal water pollution control act commonly known as the clean water act 3 attempts to address some of these difficult issues. By enacting a limited exception from the individual permit requirement under sections 404 f1c and 404 f2, congress attempted to craft a delicately balanced compromise. Staff draft deliberative prepared for the fall 2015 meeting of the assumable waters subcommittee of the national advisory council for environmental policy and technology. The first version of the cwa was passed in 1948 under president truman. The federal water pollution control act amendments of 1972 the modern clean water act established a national commitment to restore and maintain the. Wright water engineers section 404 clean water act. Section 404 of the clean water act rutgers njaes office of. The program is administered by the army corps of engineers through the navigation and navigable waters regulations 33 cfr 320338 when it is required.
The steepest hurdle in obtaining a clean water act section. Restoration of wetlands under section 404 of the clean water act. Section 404 of the clean water act environment federalaid. Rgls on the corps of engineers home page access to the guidance the corps issues to its field staff. 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. Two sections of the clean water act establishing the legal framework for nonpoint source pollution control are section 208 and section 404. Enforcement under cwa section 404 section 404 of the. Policy and guidance section 404 of the clean water act. The history of clean water act 404 g1 which specifies those waters for which states may administer the permit program for the discharge of dredged or fill material. Usace follows the requirements of section 404 of the clean water act. However, in 1972, public awareness and concern for. The clean water rule published on june 29, 2015 in the.
Passed in 1972, the cwa sought to restore and maintain the. Analysis of clean water act section 403 ocean discharge criteria erc report. It is also clear that congress envisioned that the states would play an active role in permitting dredge and fill activities, and thus provided a mechanism for states to assume the cwa section. Analysis of clean water act section 403 ocean discharge.
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. Over the nations history, wetlands have been drained and filled for farmland and. Sep 15, 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. In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. The clean water act cwa is the primary federal law in the united states governing water. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. 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. Clean water act section 404 regulatory program and.
Analysis of clean water act section 403 ocean discharge criteria erc report harwell, christine c on. The federal water pollution control act was passed to address the concerns surrounding water pollution and contaminants. Clean water act cwa section 404 federal regulation. Vetoing wetland permits under section 404c of the clean.
Section 404 of the clean water act requires authorization from the secretary of the army, acting through the corps of engineers, for the discharge of dredged or fill material into all waters of the united states, including wetlands. Agency interpretaton on applicability of section 402 of. Agency interpretaton on applicability of section 402 of the. Also noted is the somewhat limited role that cwa compensatory mitigation plays in the attempt to. Clean water laws, regulations, and executive orders related to. 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.
Overview of section 404 section 404 of the clean water. This chapter describes the evolution of compensatory mitigation requirements in the clean water act cwa section 404 program, including agency guidance. The steepest hurdle in obtaining a clean water act section 404 permit. As a result of intense educational efforts by the scientific. 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 of the clean water act permitting and investigation. Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. By the 1970s, some of the nations rivers and lakes had become so. Fish and wildlife service fws, the national marine fishery service nmfs, and 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. Chapter 6 section 404 permits the cornerstone of federal wetlands protection is the clean water act section 404 permit program.
Oct 24, 2016 this video is part of the federalaid essentials for local public agencies web site and resource library. 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. 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. This final fed explores various alternatives, provides options and recommendations, and evaluates. Midcourse corrections in the section 404 program wetlands have increasingly become the focal point in the epas efforts to define the jurisdiction and scope of coverage of the section 404 regulatory program. Cwa guidance united states army corps of engineers. The environmental quality council discussed proposed revisions to federal rules for administration of section 404 of the clean water act twice this interim. Clean water act section 404q factsheet section 404 of the. Information about the clean water act permitting program for dredge or fill material into waters of the us, including roles, 401 certification of permits, statetribal assumption of 404 program, mitigation requirements, regulations. Purpose and scope the united states department of the army army and the united states environmental protection agency epa hereby establish policy and procedures pursuant to which they will undertake federal enforcement of the dredged and fill material permit.
Supporting documentation for the listing water quality control policy for developing californias clean water act section 303d list. Which specifies those waters for which states may administer the permit program for the discharge of dredged or fill. Epa could give up its chance to stop the most devastating projects. The clean water act handbook, fourth edition the clean water act handbook, fourth edition.
States and federal agencies share critical roles in. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. Section 208 required all states to assess damages to water quality from nonpoint source pollution and to develop either regulatory or nonregulatory programs to control them. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28, 2007 presentation for the by march 28, 2007. Section 404 of the clean water act codified at 33 usc 44 authorizes the regulation of the discharge of materials into waters of the unites states. Environmental protection agency epa may also be involved in section 404 permitting. Court of appeals for the fifth circuit held that the clean water acts citizen suit provision 33 u. Use it or lose it clean water act 101 hank graddy sierra sentinels july 10, 2017. Chapters 4 and 5 of this book outlined the scope of activities that require a section 404 permit, but this chapter will begin with a brief explanation of a few. Issues to consider for state administration of section 404.
Rather, section 404 f1 exempts only those activities specifically identified. The goals of the clean water act of 1972 section 101a1 national goal. As amended in 1977, this law became commonly known as the clean water act. Overview of section 404 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. Federal enforcement for the section 404 program of the. 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. The definitive practical resource to the provisions and complexities of the federal clean water act and how it continues to evolve, this book is written by some of the countrys most knowledgeable experts on. Section 404 b1 guidelines regulations, established by the epa, that constitute the substantive environmental criteria used in evaluating activities regulated under section 404 of the clean water act. Section 404c of the clean water act and the history of state and federal efforts to conserve the kvichak and nushagak drainages of alaska. While the committees charge is to focus on the cwa section 404 program. 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. Applying section 404r of the clean water act to federal. Section 106 of the national historic preservation act.
For opponents of the act, section 404 had, as a result of this concern, become a symbol of. Sep 15, 2016 clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. This is a much more stringent requirement than nepa since under the guidelines, no discharge shall. Clean water act overview clean water act overview spotlight on stormwater cwa section 402 rich campbell, epa region 9 office of regional counsel epa clean water act tribal workshop august 14, 2008. Since enactment of the clean water act, epa and the corps have used their criminal enforcement authorities sparingly in response to section 404 violations. If an activity involves the discharge of dredged or fill material into waters of the u. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. Growing public awareness and concern for controlling water pollution led to enactment of the federal water pollution control act amendments of 1972. Rutgers university offers wetland delineation training and presents the the full text of the act. Federal enforcement for the section 404 program of the clean water act i. Laws, regulations, executive orders section 404 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.
Section 404 of the clean water act sacramento district. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. The basis of the cwa was enacted in 1948 and was called the federal water pollution control act, but the act was. The 1972 clean water act represented a radical departure from previous federal water quality legislation. Nationwide permits chronology and related materials under cwa section 404. Activities in waters of the united states that are regulated under this program include fills for development, water resource.
Army corps of engineers corps can issue general permits to authorize activities that have minimal individual and cumulative adverse environmental effects. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Introduction the clean water act s cwa section 404 permit program, which regulates the discharge of dredged or fill material into the nations navigable waters, 1 has been the subject of headline news due to recent controversies involving mountaintop mining in west virginia 2 and a proposed copper and gold mine in alaska that would be the worlds largest. The clean water rule published on june 29, 2015 in the federal register 80 fr 37054. Table of contents for clean water act the library of.
Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. This video is part of the federalaid essentials for local public agencies web site and resource library. Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. Taking apart the clean water act is not a game clean. Section 404 f of the clean water act provides a list of activities exempt from regulation. In cases where there is a discharge of dredged or fill material into waters of the u. Section 404 f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. A history of interfederal agency controversy and reform january 22, 2015. Total maximum daily load program california state water. Permit program under cwa section 404 section 404 of the. In light of the long history of deference to administrative agencies, it was.
Final fed this document is the final fed approved by state water resources control board supporting the policy. Clean water act complaint center for biological diversity. Clean water act section 404f1 excludes certain activities from. Section 404 c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. Fifth circuit precludes clean water act citizen suits to enforce section 404 permit conditions. Clean water act lawsuits come and go, but debate over epa veto rages on. History of the clean water act american water college. 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. Compensating for wetland losses under the clean water act.
Environmental issues environmental auditing laws, regulations and rules environmental permits water quality management. Part 230 section 404 b1 guidelines for specification of disposal. Clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. The clean water act cwa is the primary federal law in the united states governing water pollution. Wwe has successfully obtained permits for projects of all sizes.
Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. Coordination on jds under cwa section 404 in light of swancc and rapanos supreme court decisions d. Overview of clean water act section 404 section 404 of. Administrator of the environmental protection agency under section 303 of the federal water pollution control act. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Background and issues congressional research service summary section 401 of the clean water act cwa requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the act, including stateestablished water quality standard requirements. The clean water act cwa as we know it has a longer history than you might think.
Nationwide permits chronology and related materials under. Table of contents acknowledgments xxiii about the authors xxv 1. Clean water act section 404q factsheet section 404 of. Guidance on applying section 404r of the clean water act. Section 404 of the clean water act agency of transportation. Often known as epas veto authority, this section of the clean water act empowers epa to deny or revoke permits for certain projects that would normally be granted but for which epa has determined there will be an adverse impact on water.
Clean water act, section 404 wetlands us epa page 1 of 4. Read section 404 of the clean water act the primary federal law in the united states governing water pollution. 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. Clean water act section 404c veto authority factsheet.
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