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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

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Regulations that Protect Clean Water

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  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

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