Clean Water Act 101 USE IT OR LOSE IT. Hank Graddy Sierra Sentinels July 10, 2017

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1 Clean Water Act 101 USE IT OR LOSE IT Hank Graddy Sierra Sentinels July 10, 2017

2 CWA 101 Sierra Club Water Sentinels - Clubwide Call - Clean Water Act 101 July 10th 8-9:30 p.m. (eastern) Hank Graddy, Attorney Former National Clean Water Campaign Chair. Mississippi River Issue Team Chair, and Cumberland (KY) Chapter Chair; Currently Chapter Water Committee Chair

3 Why CWA101? Millville, Ky

4 Why CWA 101? Water works - the view from Kentucky 1. Building the team 2. Building the knowledge in the stream 3. Building the knowledge the big picture 4. Building the enthusiasm

5 Why CWA 101? - The Value Of Water Sierra Club Cumberland Chapter Water Committee Help Us Write Our Water Quality Campaign Plan Go Back To School: CWA 101 for 2017 Reclaim the River- Watershed Watch in Kentucky Own the Point US EPA ECHO

6 Why CWA 101? The Value Of Water Good Food: The Food and Agriculture Landscape Litigation and Elections, Holding Accountable Make A Splash: Friday Floats ad River Blasts What Is Missing?

7 Friday floats Kentucky River at Clifton June 30, 2017

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9 Why CWA 101? The Value Of Water The distinction between market price and economic value was famously noted by Adam Smith in a passage in the Wealth of Nations describing the paradox of water and diamonds: The word Value, it is to be observed, has two different meanings, and sometimes expresses the utility of some particular object, and sometimes the power of purchasing other goods which the possession of that object conveys. The one may be called value in use ; the other, value in exchange. The things which have the greatest value in use have frequently little or no value in exchange; and, on the contrary, those which have the greatest value in exchange have frequently little or no value in use. Nothing is more useful than water; but it will purchase scarce anything; scarce anything can be had in exchange for it. A diamond, on the contrary, has scarce any value in use; but a very great quantity of other goods may frequently be had in exchange for it. (Book I, chapter IV).

10 CWA 101 The Kentucky Version The Sierra Club helped start the Watershed Watch in Kentucky citizen scientist program in Two years later, this program was used as an example to help start the Sierra Club Sentinels program as part of the National Clean Water/Stop CAFOS Campaign

11 Watershed Watch in Kentucky - Mission Mission Watershed Watch is a statewide citizens monitoring effort to improve and protect water quality by raising community awareness, and by supporting implementation of the goals of the Clean Water Act and other water quality initiatives.

12 Watershed Watch in Kentucky How does KRWW support implementing the goals of the Clean Water Act? What are the goals of the Clean Water Act? What are we doing to implement these goals? What happens if we do not try to implement these goals? USE IT OR LOSE IT

13 Before Definition of pollution Protect designated uses Water quality standards Mixing zones and Zones of Initial Dilution Combined sewers stormwater and sewage in the same pipes

14 Before Before 1972, federal and state water pollution laws were perfectly logical and a complete failure. Prior to the Clean Water Act, water pollution was generally defined as the discharge of materials into our waterbodies in sufficient volume or concentration to cause the waterbody to be unfit for a designated use. Designated uses are terms we still use such as - does the water quality support aquatic life (fishable)?, support recreation in the water (swimmable)?, meet drinking water standards (drinkable)?. Water quality standards were the numeric or narrative criteria that had to be met to make sure designated uses would not be impaired.

15 Before Prior to 1972, our national pollution control methodology was built upon the premise that dilution was the solution to pollution meaning that it was acceptable to discharge our waste into our rivers so long as we did not discharge too much. This approach to sanitary engineering meant that a portion of our rivers would become part of our wastewater treatment. These portions were designated mixing zones and zones of initial dilution. This approach also justified Combined Sewers in our river cities, where sewage flow was combined with stormwater to go into our rivers without any treatment. This approach failed and rivers caught fire.

16 The Goals of the Clean Water Act of 1972 Section 101(a)(1) Zero discharge of pollutants by 1985 National goal: Section 101(a)(2) Fishable and Swimmable by 1983 Interim goal: Section 101(a)(3) discharge of toxics in toxic amounts. Toxics: No Section 101(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this Act to be met through the control of both point and nonpoint sources of pollution.

17 Clean Water Act any addition of any pollutant from a point source Section 502 (6) The term pollutant means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. Section 502 (12) The term discharge of a pollutant and the term discharge of pollutants each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

18 Clean Water Act zero discharge and the role of the public Section 306(a) - For purposes of this section: (1) The term standard of performance means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. Section 101(e) - Public participation in the development, revision, and enforcement of any regulation, standard, effluent limitation, plan, or program established by the Administrator or any State under this Act shall be provided for, encouraged, and assisted by the Administrator and the States. The Administrator, in cooperation with the States, shall develop and publish regulations specifying minimum guidelines for public participation in such processes.

19 Clean Water Act WOTUS and Point source Section 502 (7) The term navigable waters means the waters of the United States, including the territorial seas. Section 502 (14) The term point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

20 Clean Water Act Effluent limits EFFLUENT LIMITATIONS SEC (a) Except as in compliance with this section and sections 302, 306, 307, 318, 402, and 404 of this Act, the discharge of any pollutant by any person shall be unlawful. (b) In order to carry out the objective of this Act there shall be achieved (1)(A) not later than July 1, 1977, effluent limitations for point sources, other than publicly owned treatment works, (i) which shall require the application of the best practicable control technology currently available as defined by the Administrator pursuant to section 304(b) of this Act, or (ii) in the case of a discharge into a publicly owned treatment works which meets the requirements of subparagraph (B) of this paragraph, which shall require compliance with any applicable pretreatment requirements and any requirements under section 307 of this Act; and (B) for publicly owned treatment works in existence on July 1, 1977, or approved pursuant to section 203 of this Act prior to June 30, 1974 (for which construction must be completed within four years of approval), effluent limitations based upon secondary treatment as defined by the Administrator pursuant to section 304(d)(1) of this Act; or,

21 Clean Water Act - TMDL & Antidegradation Section 303(d)(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS. (A) STANDARD NOT ATTAINED. For waters identified under paragraph (1)(A) where the applicable water quality standard has not yet been attained, any effluent limitation based on a total maximum daily load or other waste load allocation established under this section may be revised only if (i) the cumulative effect of all such revised effluent limitations based on such total maximum daily load or waste load allocation will assure the attainment of such water quality standard, or (ii) the designated use which is not being attained is removed in accordance with regulations established under this section. (B) STANDARD ATTAINED. For waters identified under paragraph (1)(A) where the quality of such waters equals or exceeds levels necessary to protect the designated use for such waters or otherwise required by applicable water quality standard, any effluent limitation based on a total maximum daily load or other waste load allocation established under this section, or any water quality standard established under this section, or any other permitting standard may be revised only if such revision is subject to and consistent with the antidegradation policy established under this section.

22 Clean Water Act US EPA web resources Federal Water Pollution Control Act, commonly known as the Clean Water Act of 1972, 33 U.S.C.A. Sections 1251 to US EPA Summary of the Clean Water Act ECHO Facility Search Results

23 CWA 101: Basic terminology (1) Point Source and Nonpoint Source pipe and non-pipe Section 502(14) (2) National Pollutant Discharge Elimination System (NPDES) Permit Section 402 (4) Primary, secondary, and tertiary treatment (5) Indirect dischargers = pretreatment permits Section 301 Section 307 (Pipe to Pipe) (3) Effluent limits Engineers and technology Technology Forcing Section 301 (6) Reports Discharge Monitoring Reports (DMRs); Pretreatment Reports; Section 305(b) & 303 reports to Congress

24 National Pollutant Discharge Elimination System (NPDES) permits Section 402 this is the center of the CWA. In Kentucky, KPDES permits are granted by the Energy and Environment Cabinet, Division of Water, to allow the discharge of pollutants. These permts should be conditioned on using the more stringent of the requirements for reasonable control technology and limits necessary to avoid violations of water quality standards and harm to uses. They will not be that stringent unless we are paying attention. Sierra Club in Ky., Water Committee Own the Point Campaign

25 US EPA ECHO how to own the point The Sierra Club, Cumberland (Ky.) Chapter Water Committee has just announced the Own the Point campaign to ask volunteers to take responsibility for monitoring a point source discharge owning the point as it relates to WWKY s reclaim the river. So let us visit the Versailles Wastewater Treatment Plant a point source that Hank now owns.

26 Watershed Watch in Kentucky on the web - Our data - the KRWW web site the WWKY web site the DOW Watershed Watch site the DOW water health portals

27 CWA 101 issues 1. CAFOs industrial agriculture 2. Nutrients dead zones and HABs 3. Wetlands and WOTUS 4. Watershed Planning, Facility Planning and State Revolving Fund 5. Safe Drinking Water Act and Source Water Protection 6. Strip Mining, Mountaintop Removal and Clean Energy Alternatives

28 Concentrated Animal Feeding Operations (CAFOs) Section 502(14)

29 Nutrients and the dead zone and Harmful Algae Blooms (HABs) The Dead Zone is area in the Gulf of Mexico where life cannot exist because there is too little oxygen in the water. tories2015/ gulf-of-mexico -dead-zone-above-average.html Nitrogen and Phosphorus pollution causes growth of excess algae, bacteria and plant growth including cyano-bacteria that creates toxics that shut down water supplies and makes swimming unhealthy.

30 Section 404 Wetlands Regulation SWANCC v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) Rapanos v. United States, 547 U.S. 715 (2006) The US Court of Appeals - 6th Cir: WOTUS Rule on hold (now dead)

31 Watershed Management Section 303(e) and 208 Facility planning EPA and Orsanco and EPRI: pollutant trading in the Ohio

32 Safe Drinking Water Act and Source Water Assessment and Protection Program (SWAPP)

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34 Mountaintop Removal Mining OSM Stream Protection Rule

35 Stormwater Permitting and Green Infrastructure

36 Pipeline Safety, Coal Ash Spills and Fracking Mid Valley Pipeline Oil Spill, Ohio January ,000 gallons Martin County Coal Slurry Spill, Kentucky November 2009 TVA Coal Fly Ash Spill, Tennessee December 2009

37 I love the CWA. I want to spread that love. We must use it or we will lose it. Hank Graddy, 137 N. Main, Versailles, KY cell: , hank.graddy@gmail.com