The Clean Water Act Handbook
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Most parts of the economy--manufacturing, mining, construction, municipalities--generate and discharge process wastewater and/or stormwater. Those discharges are extensively regulated under the Clean Water Act through a collaborative federal and state program of facility permits and regulatory standards. This updated guide is a definitive practical resource to the provisions and complexities of the federal Clean Water Act (CWA) and how it continues to evolve. Written by 21 of the country's most knowledgeable experts on the CWA, The Clean Water Act Handbook is a compilation of their experience in understanding this complex statute and its implementing regulations and guidelines.
Beginning with an overview of the law's provisions and pertinent regulation and enforcement issues, subsequent chapters address specific issues, such as:
• NPDES permits
• Control of publicly owned treatment works
• Requirements applicable to indirect discharges
• The regulation of wetlands and the impact of recent judicial decisions
• Oil and hazardous substance spills
• Enforcement options under Section 309
• Judicial review
Since publication of the last edition in 2003, a significant shift has taken place in the regulatory landscape of the CWA without Congress making a move. Recent court decisions, along with many other smaller changes, have dramatically affected practitioners working in the area. This updated edition provides detailed explanations of these changes and considers the impact of recent important developments, such as the Supreme Court's Rapanos decision and the Ninth Circuit's decision to exempt logging roads from regulation in NEDC v. Brown.
To explain changes in the law resulting from SWANCC and Rapanos, a new chapter has been added to explain what the Supreme Court tried to do in these decisions and how lower courts and agencies have struggled to interpret these important but confusing cases. In addition, this book provides a guide to Environmental Appeals Board Practice.
Chapters begin with a section on applicability and scope. Within each fully annotated chapter, clear explanations of specific statutory and regulatory provisions and court decisions applicable to the issue are presented in the order needed for full and accurate analysis -- a virtual checklist of requirements and considerations. Making this new edition more useful than ever, the authors provide new URLs to for navigating through the endless sea of information on the Internet.
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Table of contents
About the Editor
About the Contributors
Overview of the Clean Water Act
Theodore L. Garrett
Scope of ‘The Waters of the United States” Protected by the Clean Water Act
Donna M. Downing
Water Pollution Control under the National Pollutant Discharge Elimination System
Karen M. McGaffey and Kelly F. Moser
NPDES Permit Application and Issuance Procedures
Publicly Owned Treatment Works
Alexandra Dapolito Dunn and Nathan Gardner-Andrews
Pretreatment and Indirect Dischargers
Corinne A. Goldstein
Regulation of Wetlands: Section 404
Oil and Hazardous Substances Spills: Section 311
David G. Dickman
Wet Weather Regulations: Control of Stormwater and Discharges from Concentrated Animal Feeding Operations and Other Facilities
Randy Hill and Sylvia Horwitz
Nonpoint Source Pollution Control
Edward B. Witte and Natalia Minkel-Dumit
Total Maximum Daily Loads: Section 303(d)
Steven T. Miano and Kelly A. Gable
Enforcement: Sections 309 and 505
Civil Judicial Enforcement
Judicial Review: Section 509
Karen M. McGaffey and Kathryn C. Gehret
Table of Cases