The The Clean Water Act of 1972Clean Water Act of 1972

How water pollution control was How water pollution control was changed in the United Stateschanged in the United States

Gordon R. Garner, PEVice President, Water Business GroupCH2M HILL

Sanitation and Development-Challenges of the CenturyNovember 6-8, 2006 Sao Paulo, Brazil

The United States has struggled The United States has struggled with water pollution for over a with water pollution for over a century and faced enormous century and faced enormous

challenges in the early 1970’s from challenges in the early 1970’s from rampant and uncontrolled rampant and uncontrolled

discharges of pollutants from discharges of pollutants from industry and large cities.industry and large cities.

The Clean Water Act of 1972The Clean Water Act of 1972

Was preceded by many efforts that were Was preceded by many efforts that were only partially successful:only partially successful:

Rivers and Harbors Acts of 1890,1899 & Rivers and Harbors Acts of 1890,1899 & 19381938

Water Pollution Control Acts of Water Pollution Control Acts of 1948,1948,1956,1961,19651948,1948,1956,1961,1965

Clean Water Restoration Act of 1966Clean Water Restoration Act of 1966 Water Quality Improvement Act of 1970Water Quality Improvement Act of 1970

Early efforts were:Early efforts were:

Limited in scopeLimited in scope Underfunded or unfundedUnderfunded or unfunded Implemented inconsistentlyImplemented inconsistently Resisted by both states and industryResisted by both states and industry

Most significant failuresMost significant failures

Failure to provide enforcementFailure to provide enforcement Lack of support for secondary treatment Lack of support for secondary treatment

as a national standardas a national standard

The political will to do what was needed was lacking

John F. Kennedy said of his efforts John F. Kennedy said of his efforts in the early 1960’sin the early 1960’s

““A full scale attack on water pollution has A full scale attack on water pollution has been mounted… we are doing three times been mounted… we are doing three times more than was ever done before…more than was ever done before…

and we are not doing nearly and we are not doing nearly enough.”enough.”

How bad was it?How bad was it? Industries were discharging directly or indirectly Industries were discharging directly or indirectly

millions of tons of toxic chemicalsmillions of tons of toxic chemicals Cities, even the nation’s capital, were Cities, even the nation’s capital, were

discharging billions of gallons of raw sewagedischarging billions of gallons of raw sewage Some states were doing an excellent job and Some states were doing an excellent job and

others were doing nothingothers were doing nothing Streams, lakes, rivers and estuaries were dead Streams, lakes, rivers and estuaries were dead

or dyingor dying

A new approach was needed:A new approach was needed:

Engineers and biologists had long Engineers and biologists had long recommended recommended secondary treatment.secondary treatment.

Cities and states demanded Cities and states demanded financial financial assistance assistance from the federal governmentfrom the federal government

Toxic chemicals must be eliminatedToxic chemicals must be eliminated from from direct or indirect discharge to the direct or indirect discharge to the environmentenvironment

The Clean Water Act of The Clean Water Act of 1972(CWA) 1972(CWA)

was built upon a federal/state partnership to:was built upon a federal/state partnership to: Eliminate the discharge of pollutantsEliminate the discharge of pollutants Provide for the propagation of fish, shellfish, and Provide for the propagation of fish, shellfish, and

wildlifewildlife Provide for recreation in and on the waterProvide for recreation in and on the water Prohibit the discharge of toxic pollutants in toxic Prohibit the discharge of toxic pollutants in toxic

amountsamounts Federal $$$ to build a wastewater treatment Federal $$$ to build a wastewater treatment

infrastructureinfrastructure Use technology and good planning to Use technology and good planning to

accomplish goalsaccomplish goals

Key provisions of the CWAKey provisions of the CWA

Secondary treatment was adopted as a Secondary treatment was adopted as a national standard (30/30)national standard (30/30)

Funding was authorized AND appropriatedFunding was authorized AND appropriated Strong permitting and enforcement Strong permitting and enforcement

measures includedmeasures included Measures to systematically address gross Measures to systematically address gross

industrial pollution were providedindustrial pollution were provided

Good planning very importantGood planning very important

Long range wastewater facilities planning :Long range wastewater facilities planning : Priorities to be set/good use of resourcesPriorities to be set/good use of resources Encouraged regionalization and Encouraged regionalization and

cooperationcooperation Alternatives evaluatedAlternatives evaluated More consistent standards and More consistent standards and

requirementsrequirements Reduce public health risks top priorityReduce public health risks top priority

Other important ingredients for Other important ingredients for success:success:

US Environmental Protection Agency US Environmental Protection Agency (EPA) created in 1970(EPA) created in 1970

Public support for environmental cleanup Public support for environmental cleanup at all time highat all time high

Other major environmental bills passedOther major environmental bills passed

Other significant environmental Other significant environmental acts:acts:

Safe Drinking Water Act (1974)Safe Drinking Water Act (1974) Clean Air Act (1970)Clean Air Act (1970) Superfund Act (1976)- Clean up of Superfund Act (1976)- Clean up of

polluted sites beginspolluted sites begins Pesticide Control Act (1972)-DDT bannedPesticide Control Act (1972)-DDT banned Ocean Dumping Act (1972)- Ocean Ocean Dumping Act (1972)- Ocean

dumping of sludge and garbage banneddumping of sludge and garbage banned

The CWA has changed and The CWA has changed and evolved evolved

Science and research has increased our Science and research has increased our knowledge of pollutants and effectsknowledge of pollutants and effects

New treatment technologies have emergedNew treatment technologies have emerged

New threats to public health and New threats to public health and ecosystems have become knownecosystems have become known

Watershed approach embraced but not Watershed approach embraced but not implementedimplemented

30/30 not enough30/30 not enough

Secondary treatment has proven to be Secondary treatment has proven to be inadequate for full protectioninadequate for full protection

Tertiary treatment and nutrient removal Tertiary treatment and nutrient removal neededneeded

Funding, operation and maintenance, wet Funding, operation and maintenance, wet weather flows are challengesweather flows are challenges

Federal support and funding has Federal support and funding has weakenedweakened

Reliance on enforcement not adequateReliance on enforcement not adequate

Industrial Discharge ProgressIndustrial Discharge Progress

Biggest success of CWA has been curtailing Biggest success of CWA has been curtailing and controlling industrial discharges of and controlling industrial discharges of toxic chemicalstoxic chemicals

Categorical StandardsCategorical Standards Pretreatment ProgramsPretreatment Programs Banned chemicalsBanned chemicals Aggressive enforcementAggressive enforcement Spill prevention and cleanupSpill prevention and cleanup

Categorical StandardsCategorical Standards

Apply to industrial types and provide uniform Apply to industrial types and provide uniform discharge standardsdischarge standards

Examples- Iron and steel; Pesticides; Examples- Iron and steel; Pesticides; Petroleum refining; Pulp and paper; Petroleum refining; Pulp and paper; Organic ChemicalsOrganic Chemicals

Over 50 industrial categories now coveredOver 50 industrial categories now covered

Courts are involved in almost all significant Courts are involved in almost all significant standards (Setting deadlines)standards (Setting deadlines)

Pretreatment ProgramPretreatment Program

The pretreatment program keeps industrial The pretreatment program keeps industrial dischargers from discharging toxics to dischargers from discharging toxics to public sewers:public sewers:

To avoid interference with the treatment To avoid interference with the treatment processprocess

To prevent toxics affects in the waterTo prevent toxics affects in the water To meet categorical and other standardsTo meet categorical and other standards

Banned Chemicals/Priority Banned Chemicals/Priority PollutantsPollutants

ACENAPHTHENE to ZINCACENAPHTHENE to ZINC

From a very small list of heavy metals and a From a very small list of heavy metals and a few other known carcinogens in 1972 EPA few other known carcinogens in 1972 EPA has regulated or banned more than 140 has regulated or banned more than 140 chemicals from discharge to waters as chemicals from discharge to waters as priority pollutants. A court case in 1977 priority pollutants. A court case in 1977 mandated the expanded list.mandated the expanded list.

Strong Federal EnforcementStrong Federal Enforcement

Strong federal enforcement has been Strong federal enforcement has been essential to CWA success.essential to CWA success.

Industry resistance ongoingIndustry resistance ongoing Resources($$ and expertise) required to Resources($$ and expertise) required to

take on powerful industriestake on powerful industries Civil and Civil and criminalcriminal penalties penalties Successful history of courts upholding Successful history of courts upholding

CWACWA

Secondary treatment has been Secondary treatment has been hugely successfulhugely successful

Uniform national treatment requirement has Uniform national treatment requirement has resulted in great progress in reducing resulted in great progress in reducing discharges of BOD, TSS and other discharges of BOD, TSS and other conventional pollutants.conventional pollutants.

Statistics to be addedStatistics to be added

Beyond the treatment plantBeyond the treatment plant

Since 1972 ecosystem issues have become Since 1972 ecosystem issues have become drivers of CWA programs:drivers of CWA programs:

Wetlands preservation/protectionWetlands preservation/protection Effluent toxicity concernsEffluent toxicity concerns Aquatic habitat; flow; sedimentAquatic habitat; flow; sediment Wet weather issues- sewer overflows; Wet weather issues- sewer overflows;

polluted storm water runoffpolluted storm water runoff Water reuseWater reuse

Cities’ challenges to collect and Cities’ challenges to collect and treat wastewater continuetreat wastewater continue

Growing populationGrowing population New regulations and requirementsNew regulations and requirements Aging plants and systemsAging plants and systems Increasing public expectationsIncreasing public expectations Third party advocates/environmental Third party advocates/environmental

groupsgroups Unknown or suspected pollutants Unknown or suspected pollutants

(pollutants of emerging concern)(pollutants of emerging concern)

Some Emerging Pollutants of Some Emerging Pollutants of ConcernConcern

Endocrine disrupting compoundsEndocrine disrupting compounds Pharmaceuticals and personal care Pharmaceuticals and personal care

productsproducts NanotechnologyNanotechnology Crypto/GiardiaCrypto/Giardia PBDE’s (Flame retardants)PBDE’s (Flame retardants) Steroid sex hormonesSteroid sex hormones

Federal Government commitment Federal Government commitment lagginglagging

Funding and leadership at the national level Funding and leadership at the national level have declined in the last twenty years have declined in the last twenty years threatening CWA programs:threatening CWA programs:

Permit system in disarrayPermit system in disarray Funding to support states Funding to support states

reduced/inadequatereduced/inadequate $$ for wastewater infrastructure fails to $$ for wastewater infrastructure fails to

meet needsmeet needs Water quality standards out of dateWater quality standards out of date

The Clean Water Act will continue The Clean Water Act will continue to be the most important legislation to be the most important legislation

to protect water quality, public to protect water quality, public health and the water environmenthealth and the water environment

Public support for clean water unabatedPublic support for clean water unabated National, state and local watershed National, state and local watershed

protection groups having increasing protection groups having increasing influenceinfluence

Courts generally uphold and push CWA Courts generally uphold and push CWA provisionsprovisions

Sustainability and global water Sustainability and global water issues very important if not yet fully issues very important if not yet fully

recognizedrecognized

Global warming and climate changeGlobal warming and climate change Water scarcity Water scarcity Population growthPopulation growth

The US Clean water Act still the most successful and comprehensive example of meaningful national environmental protectionlegislation.

Contact infoContact info

Gordon R. GarnerGordon R. Garner

Vice President Vice President

Water Business GroupWater Business Group

CH2M HILLCH2M HILL

ggarner@ch2m.comggarner@ch2m.com