CWA

CLEAN WATER ACT

CWA

Congress never intended for the Clean Water Act (WA) to be the primary enforcement tool for the
regulation of sludge:
"(1) Purpose - This section was not intended to be [the] primary source of regulation of sludge but was intended
as [a] cautionary measure to provide additional protection against dangers to navigable waters caused by disposal
methods unregulated by section 1311 of this title, i.e. careless land disposal and deep ocean dumping of
sludge from vessels. ---" (Title 33, part 1345, note 1)

(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 chapter to be met through the control of
both point and nonpoint sources of pollution. = [careless land disposal on farms, lawns, parks, schools]

(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited

EPA's Section 304(a) criteria for Priority Toxic Pollutants
[1.Antimony; 2. Arsenic; 3. Beryllium; 4. Cadmium; 5. Chromium (III) - Chromium (VI); 6. Copper; 7. Lead;
8.Mercury;9.Nickel; 10. Selenium; 11. Silver; 12. Thallium; 13. Zinc; 14. Cyanide; 15. Asbestos; 16. 2,3,7,8-TCDD
(Dioxin)]

(13) The term ``toxic pollutant'' means those pollutants, or combinations of pollutants, including
disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of
information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in
such organisms or their offspring
[Humans are one category of Organisms -- see RCRA Hazardous Waste]

7(b) It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of
States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration,
preservation, and enhancement) of land and water resources, and to consult with the Administrator in the
exercise of his authority under this Act.

Public Health Service of the Federal Security Agency and in the Federal Works Agency (33 U.S.C. 1251
et seq.)

AN ACT To provide for water pollution control activities in the Public Health Service of the Federal Security
Agency and in the Federal Works Agency, and for other purposes. Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,

TITLE I—RESEARCH AND RELATED PROGRAMS
DECLARATION OF GOALS AND POLICY
SEC. 101. (a) The objective of this Act is to restore and maintain the chemical, physical, and biological integrity of
the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of
this Act—

(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;

(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection
and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July
1, 1983;

(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;

(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste
treatment works;

(5) it is the national policy that areawide treatment management planning processes be developed and
implemented to assure adequate control of sources of pollutants in each State;

(6) it is the national policy that a major research and demonstration effort be made to develop technology
necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone and
the oceans; and

(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.

(b) It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of
States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration,
preservation, and enhancement) of land and water resources, and to consult with the Administrator in the
exercise of his authority under this Act.

http://www.epa.gov/region5/water/pdf/ecwa.pdf

Sec. 1251. Congressional declaration of goals and policy

(a) Restoration and maintenance of chemical, physical and biological integrity of Nation's waters; national goals
for achievement of objective

The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the
Nation's waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this
chapter--

(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;

(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the
protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be
achieved by July 1, 1983;

(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;

(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste
treatment works;

(5) it is the national policy that areawide waste treatment management planning processes be developed and
implemented to assure adequate control of sources of pollutants in each State;

(6) it is the national policy that a major research and demonstration effort be made to develop technology
necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and
the oceans; and

(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 chapter to be met through the control of
both point and nonpoint sources of pollution.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+33USC1251

Sec. 1252. Comprehensive programs for water pollution control

(a) The Administrator shall, after careful investigation, and in cooperation with other Federal agencies, State
water pollution control agencies, interstate agencies, and the municipalities and industries involved, prepare or
develop comprehensive programs for preventing, reducing, or eliminating the pollution of the navigable waters
and ground waters and improving the sanitary condition of surface and underground waters. In the development
of such comprehensive programs due regard shall be given to the improvements which are necessary to
conserve such waters for the protection and propagation of fish and aquatic life and wildlife, recreational
purposes, and the withdrawal of such waters for public water supply, agricultural, industrial, and other
purposes. For the purpose of this section, the Administrator is authorized to make joint investigations with any
such agencies of the condition of any waters in any State or States, and of the discharges of any sewage,
industrial wastes, or substance which may adversely affect such waters.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+33USC1252

Sec. 1362. Definitions

(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.

(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.

(13) The term ``toxic pollutant'' means those pollutants, or combinations of pollutants, including disease-
causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism,
either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information
available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or
their offspring.

(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.

Definition of ``Point Source''

Section 507 of Pub. L. 100-4 provided that: ``For purposes of the
Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the term
`point source' includes a landfill leachate collection system.''
Definition of ``Point Source''

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+33USC1362