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The Clean Water Act, or the Federal Water Pollution Control Act, as it is more properly known, was passed in 1972 to offer Federal protection to the country’s waterways. This Act was passed because rivers and lakes were becoming alarmingly polluted and wetlands were drying up. The Clean Water Act’s purpose is to stop pollutants from being discharged into waterways and to maintain water quality to provide a safe environment for fishing and swimming. The Act also includes sections devoted to wetlands. It was realized that wetlands serve as areas of filtration and help to strain harmful pollutants from the water, provide flood control during storms and are vital habitats for plants and animals.
The goal of the Act was to have completely eliminated the discharge of pollutants into waters and to have those waters fit enough for fishing or swimming by 1985. Even though those actual goals have not been met, pollutant discharge has been reduced significantly and recreational waters are much cleaner than in the 1970’s. Approximately 75% of the waters tested have reached the goal. Point source pollutants, those that come from a specific, identifiable source, have been easier to regulate, while non-point source pollutants, such as from storm runoff, are only beginning to be studied and researched.
The Clean Water Act provides guidelines and offers financial assistance for identifying the causes of pollution, and the clean up of polluted areas. There are standards and regulations that must be adhered to by industries that discharge into waterways and financial assistance is available for research and for the construction and operation of wastewater treatment facilities.
State agencies are required by the Act to determine the Total Maximum Daily Loads (TMDLs) of various substances and chemicals in their waterways and to make sure that the water does not exceed those TMDL limits given in the Clean Water Act. If a state does not or cannot perform the necessary testing, the Environmental Protection Agency (EPA) will perform its own determination of standards. However, since many states do not have the resources needed to do these tests and monitoring, the enforcement of the process falls on the EPA, and the EPA does not always have the resources to continue this, so this section of the Act usually does not get implemented.
In October 1997, which was the 25th anniversary of the Clean Water Act, President Clinton announced the Clean Water Action Plan which was to continue and even increase the regulations that had already been in place, providing more funding when necessary and setting deadlines for some procedures. The Clean Water Action Plan was given a high priority in the FY1999 budget with an allotment of $2.5 billion. The protection and restoration of wetlands was a part of the Plan with a goal of acquiring 100,000 acres of wetlands by the year 2005. Section 404 in the Clean Water Act calls for regulatory permits, administered by the Corps of Engineers, to be obtained before any work or construction involving wetlands can be performed. This includes real estate development where the property may include a wetland area. The regulation of wetlands is difficult and has caused many conflicts between the regulatory agencies and the property owners.
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