The Federal Water Pollution Control Act of 1948 was the first major U.S. law to address water pollution. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. As amended in 1972, the law became commonly known as the Clean Water Act (CWA). See 33 U.S.C. §1251.
When amended in 1972, the CWA:
• Established the basic structure for regulating pollutant discharges into the waters of the United States.
• Gave the Environmental Protection Agency (EPA) the authority to implement pollution control programs such as setting wastewater standards for industry.
• Maintained existing requirements to set water quality standards for all contaminants in surface waters.
• Made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions.
o EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges.
o Point sources are discrete conveyances such as pipes or man-made ditches.
o Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need a NPDES permit;
o Industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters.
• Funded the construction of sewage treatment plants under the construction grants program.
• Recognized the need for planning to address the critical problems posed by nonpoint source pollution.
Subsequent amendments modified some of the earlier CWA provisions. Revisions in 1981 streamlined the municipal construction grants process, improving the capabilities of treatment plants built under the program. Changes in 1987 phased out the construction grants program, replacing it with the State Water Pollution Control Revolving Fund, more commonly known as the Clean Water State Revolving Fund. This new funding strategy addressed water quality needs by building on EPA-state partnerships.
Over the years, many other laws have changed parts of the Clean Water Act. Title I of the Great Lakes Critical Programs Act of 1990, for example, put into place parts of the Great Lakes Water Quality Agreement of 1978, signed by the U.S. and Canada, where the two nations agreed to reduce certain toxic pollutants in the Great Lakes.
That law required EPA to establish water quality criteria for the Great Lakes addressing 29 toxic pollutants with maximum levels that are safe for humans, wildlife, and aquatic life. It also required EPA to help the States implement the criteria on a specific schedule.
The CWA does not directly address groundwater contamination—which occurs when pollutants are released to the ground and make their way into groundwater. Groundwater protection provisions are included in the Safe Drinking Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
The Clean Water Act (CWA), as amended in 1972, is a key federal law governing water pollution in the United States, including Arkansas. It established a framework for regulating the discharge of pollutants into U.S. waters and authorized the Environmental Protection Agency (EPA) to set industry wastewater standards and water quality standards for contaminants. The CWA makes it illegal to discharge pollutants from a point source into navigable waters without a permit, typically through the EPA's National Pollutant Discharge Elimination System (NPDES) program. While individual homes connected to municipal systems or using septic systems generally do not need an NPDES permit, industrial and municipal facilities do if their discharges go directly to surface waters. The Act also funded sewage treatment plant construction and addressed nonpoint source pollution. Amendments over the years have modified the CWA, including the introduction of the Clean Water State Revolving Fund in 1987 to finance water quality projects. The CWA does not directly regulate groundwater contamination, which is covered under other laws such as the Safe Drinking Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In Arkansas, state statutes and regulations work in conjunction with the CWA to protect water quality, and the Arkansas Department of Environmental Quality administers the NPDES program within the state.
