Water and Waste Water
Class #3
Homework:
Homework #2 due before begin Class #3. If not, stop and complete/ submit Homework #2 to Professors Auberle and Jeffery.
Introduction of water case study; history of water quality management in the US; overview of Clean Water Act.
1. Announcements:
2. Current Events
3. Water Case Study: Recall from Class 1 that important part of course work will be answering questions related to hypothetical, but realistic Case Studies. Information for case study and questions available through home page. You should have been instructed individually which specific question each of you must answer. Answer and supporting analysis due before begin Class #8. Assumption: Work in EH&S office of CCP. VP for EH&S has asked for reports on 3 areas, with presentation to her 2/26. Developing budget for next year. Answers you provide important on potential expenditures. Since potentially significant costs, wants to know not only bottom line, but what resources you used, how analyzed, and conclusions.
4. Historical Perspective
a. Recall Common Law Doctrines from last class.
Stream with Pig Farm
Trespass: Wastewater flows onto your property
Nuisance: Water fouling stream. Your property unlivable
Negligence: Wagon carrying manure crashes into stream upgradient from your water intake. Get sick.
Stream with Chemical Plant
b. Statutory Controls:
1. Local ordinances
2. Federal statutes:
- 1899 Rivers and Harbors Act
- First federal water pollution control legislation. Made unlawful to throw, discharge, or deposit any refuse in navigable water unless got permit from U.S. Army Corps of Engineers
- Why? Navigation
- Dormant
- Water Quality Act of 1965
- Established Federal Water Pollution Control Administration within HEW.
- Called for creation water quality standards for interstate and coastal waters.
- States to set standards. In setting standards, states to consider uses those waters.
- Compare CAA: Single NAAQS for selected pollutants, set by Federal Government.
- Couldn’t discharge wastewater that would cause violation water quality standards.
- States plan for implementation. Didn’t work well.
- To enforce, had to show particular discharge caused violation. Many discharges. Some felt solution was permit program that would set limit for discharge ("end of pipe effluent criteria") so could enforce directly against discharger.
- Resurrected 1899 Rivers and Harbors Act. By 1970, Nixon Administration enforcing permit program again. If wanted discharge, had to get permit from Corps. Program limited, still major inadequacies
- Slide 6: 1972 Federal Water Pollution Control Act (Amended in 1977, renamed Clean Water Act. Amended again in 1987.)
- Objective: Restore and maintain integrity nation’s waters.
- Goals: 1. Fishable/swimable water quality by 1983
2. Eliminate discharge to water by 1985
- Improvements, but neither goal met.
- 1972 FWPCA: (Now CWA)
- Technology based discharge limitations
- Water quality based discharge limitations
- NPDES Permit required for discharge
- Deadlines for enforcement
- Special problems (Oil spills, toxics, wetlands, non-point sources)
- Grants for POTW
Before look at details CWA, which will do over next few classes, think about what federal role should be? State? Tribal? Local? How answer depends on view of federalism.
Dual federalism: Concept from 19th century.
States and fed operate in separate, independent spheres. Query proper line between and how to avoid encroachment
Proponents this view say too much federal control results in erosion state sovereignty. Correct by returning decision making and revenues to states.
Sometimes called New Federalism.
Other view stresses shared nature intergovernmental relations. Dramatic increase federal role in 1930s. Layer cake v. marble cake analogy. Reality, relationship as often conflict and tension as it is friendliness and cooperation.
As noted, pre-1972, water quality almost entirely state/local issue. Dual federalism. 1972 Act: latter model – Shared roles.
Federal law establishes single, national system that imposes requirements on states.
States also important role. WQS: States adopt, but EPA must approve. EPA can adopt own if state won’t adopt adequate WQS. NPDES Permits: EPA sets industrial standards, incorporates into individual permits that also must meet WQS. Permit authority can be delegated to state if EPA approves state program.
Issues of what roles should be at core of debate over CWA today.
How determine water quality priorities and what they should be
What level of funding? What part federal? State? Local? Grants v. Loans?
Role of regional and national priorities?
What flexibility allowed states and locals in designing and implementing program?
How to make better use of science? Cost benefit analysis/risk assessments?
How to build capabilities to manage point and nonpoint source pollution. Roles local, state, federal.
5. In class 4 will discuss water quality standards and role in management water quality.
In class 5 will discuss NPDES and role it plays.
Conclude discussion CWA in class 6 before look at allocation of water in class 7 and emerging trends water quality management and environmental management more generally in Class 8.
6. Remember: Homework # 3 is due before proceed to Class 4.
Research Paper Outlines also due before proceed. Submit both to Professors Auberle and Jeffery.
Always interested in current events.
ENV 410B - Lectures