Summary of Federal Laws

 

Environmental Laws

 

Clean Water Act

 

33 U.S.C. § 1251 et seq.; 40 C.F.R. §§ 104.1 et seq., 124.1 et seq., and 145.1 et seq.; Exec. Order No. 11,738 (38 Fed. Reg. 25161 (Sept. 12, 1973))

 

Prohibits the discharge of pollutants into navigable waters and also regulates discharge into storm sewers.  Also regulates wetlands.  Government contractors must certify in compliance.

 

EPA Accelerates Enforcement Actions Under Storm Water Control Regulations

Recent (spring 2002) activities of the EPA under this law include stepping up enforcement to penalize unlawful storm water discharges. The May 30, 2002 Boston Globe reported that the EPA and the U.S. Attorney's Office had levied more than $1.3 million in fines and penalties  against Boston Sand and Gravel in connection with its work on the Big Dig in Boston, for illegally discharging water wastewater into the Charles River, the Island End River, and the Mystic River. 

 

Phase I of the EPA storm water program is currently in place. Currently construction covering five or more acres requires a permit, as well as activities that fall into ten other categories, including printing and publishing, food processing facilities, and steam electric power generating facilities.  Phase II will be put into place in 2003. Operators of Phase II regulated sites are required to apply for National Pollutant Discharge Elimination System (NPDES) permit coverage by March 10, 2003. At that time, storm water permits will be required for small municipal separate storm water sewer systems, including those operated by universities, and also for construction sites disturbing between one and five acres. 

 

For more on this topic, see the EPA web page entitled Stormwater Frequently Asked Questions . The final regulations, which  have been in place for several  years, can be found on this  EPA web page. 

 

Updated 6/7/02 to add storm water information
links updated 6/12/08 rab