Clean water act section 404 pdf free

The failed federal regulation of fanning activities under section 404 of the clean water act, 9 pace envtl. This chapter describes the evolution of compensatory mitigation requirements in the clean water act cwa section 404 program, including agency guidance. Section 404 of the clean water act permitting and investigation. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under section 19d of this title. The basis of the cwa was enacted in 1948 and was called the federal water pollution. Clean water act section 404q factsheet section 404 of. Sep 15, 2016 section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands. Evaluation section 404 of the clean water act, discharge.

Pdf 2 pp, 704 k contact us to ask a question, provide feedback, or report a problem. The clean water act cwa is the primary federal law in the united states governing water. The following links for the usaces approved jurisdictional determination form, wetland delineation manual, and regional supplements provide guidance on how. This council on environmental quality memorandum establishes procedures for coordinating agency views and formulating administration policy prior to requesting congressional action on projects that may be subject to section 404 r of the clean water act federal water pollution control act, as amended. Section 404b1 guidelines 40 cfr 230 regulations established by the epa that constitute the substantive environmental criteria used in evaluating activities regulated under section 404 of the clean water act. The environmental quality council discussed proposed revisions to federal rules for administration of section 404 of the clean water act twice this interim. On october 22, 2019, the environmental protection agency and department of the army finalized a rule to repeal the 2015 clean water rule and recodify the regulatory text defining waters of the united states wotus that existed prior. Federal enforcement for the section 404 program of the. Sep 15, 2016 see epas about pdf page to learn more. Appendix b1 clean water act section 404b1 evaluation. The clean water act cwa is the cornerstone of surface water quality protection in the united states. Section 319 section 401 section 404 state revolving loan fund. The 404 b1 guidelines included in title 40 of the code of federal regulations, part 230, provide the substantive criteria used in evaluating discharges of dredged or fill material in waters of the united states u. Midcourse corrections in the section 404 program james r.

Section 404f of the clean water act cwa provides activities which are exempt from. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. Permit program under cwa section 404 section 404 of the clean. The environmental protection agency epa is proposing to revise the clean water act section 404 b 1 guidelines guidelines to provide for comparison of dredged material proposed for discharge with reference sediment, for the purposes of conducting chemical, biological, and physical evaluations and testing. Appendix r port of gulfport expansion project mississippi state port authority section 404 b1 evaluation u. The following documents are associated with the 2015 clean water rule.

Clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Guidance on conducting wetland determinations for the food security act and section 404 of the clean water act key points february 28, 2005 in 1994, the departments of agriculture, interior and army and the environmental protection agency entered into a. It is also clear that congress envisioned that the states would play an active role in permitting dredge and fill activities, and thus provided a mechanism for states to assume the cwa section. If you have any questions or require additional information, please feel free to call me at. The discharge of material shall consist of suitable material free from toxic.

Section 402 of the clean water act requires that all construction sites on an acre or greater of land, as well as municipal, industrial and commercial facilities discharging wastewater or stormwater directly from a point source a pipe, ditch or channel into a surface water of the united states a lake, river, andor ocean must obtain. These waterbodies are not regulated under section 10 of the rivers and harbors. Activities in waters of the united states that are regulated under this program include fills for development, water resource. The basis of the cwa was enacted in 1948 and was called the federal water pollution control act, but the act was significantly reorganized and expanded in 1972. If an activity involves the discharge of dredged or fill material into waters of the u. Epa could give up its chance to stop the most devastating projects. Paul district corps of engineers and the minnesota department of transportation kelly urbanek, usace sarma straumanis, mndot john mackner, mndot. Clean water act laws, regulations, executive orders jump to main content. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28, 2007 presentation for the by march 28, 2007. Overview of section 404 pdf text of section 404 33 u. Rather, section 404 f1 exempts only those activities specifically identified. The application of the federal fiveyear statute of limitations for penalty actions to wetlands. Using the qualitative habitat evaluation index qhei ohio epa june 2006 exit. Section 404 f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i.

In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or appropriations with the application of section 404 r. Some states have chosen to develop ground water quality standards mentioned in the section entitled. Section 10 of the rivers and harbors act of 1899 work or structures in or affecting navigable waters section 404 of the clean water act discharge of dredged or fill material into waters of the. Wright water engineers section 404 clean water act. Clean water act section 404 permitting considerations.

Provides that the secretary of the army may, on recommendation of the. Clean water act section 404 compliance and the nationwide permit program by tim jordan, senior biologistpermits coordinator proponents of construction, utility, or development projects that include disturbance within streams, including the typical ephemeral variety found throughout the american southwest, are required to conduct the stream. The clean water act cwa is the primary federal law in the united states governing water pollution. Federal enforcement for the section 404 program of the clean water act i. Overview of section 404 section 404 of the clean water. Guidance on conducting wetland determinations for the food. Section 404 requires a permit before dredged or fill material may be discharged into waters of the united states, unless the activity is exempt from. Primaryfederalstate water regulatory authorities in mn 1 federal clean water act section 404 u. Tier 1 objectives the purpose of the tier 1 evaluation is to compile readily available, existing information in order to make a factual determination regarding compliance with the clean water act cwa section. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or. Section 404b1 guidelines 40 cfr 230 section 404 of.

Section 404 traditional navigable water tnw determinations. Mitigation under section 404 of the clean water act. For opponents of the act, section 404 had, as a result of this concern, become a symbol of dramatic overregulation. Administrator of the environmental protection agency under section 303 of the federal water pollution control act. Information about the clean water act permitting program for dredge or fill material into waters of the us, including roles, 401 certification of permits, statetribal assumption of 404 program, mitigation requirements, regulations. Authorized in section 14 of the river and harbors appropriation act of 1899 33 usc 408. Taking apart the clean water act is not a game clean. Clean water act section 404b1 contaminant determination. Streams play a critical role in the quality and supply of our drinking water by ensuring a continuous flow of clean water to surface waters and helping recharge underground aquifers. The steepest hurdle in obtaining a clean water act section 404 permit. Basics of the clean water act eli summer school, 2018. The steepest hurdle in obtaining a clean water act section. Overview of clean water act section 404 a the secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites.

Entergy must obtain authorization from the corps in order to proceed with any activities governed by these statutes at the bayou aux carpes cwa section 404 c site. Clean water laws, regulations, and executive orders related to. Dec 10, 2018 under section 404 g of the clean water act cwa, states and tribes are authorized to take an active role in the permitting of the discharge of dredged and fill material within their jurisdiction. Nationwide permit 3 maintenance nationwide permit 3. Section 404 clean water act and section 10 rivers and harbors. Clean water act permitting cwa section 402 primarily administered by epa or authorized states. Army corps of engineers under section 404 of the clean water act. State assumption of the section 404 program of the clean. Clean water act section 404c veto authority factsheet. Us army corps of engineers section 408 overview regulatory workshop july 22, 2016 kim leonardkevin lee. This pdf file was adapted from an online training module of the epas watershed academy web, found at. Corpsepa definition for clean water act section 404 purposes. Section 404 of the clean water act desco environmental.

Certain discharges of dredged or fill material into waters of the united states are also regulated under other authorities of. Clean water act section 404q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Section 404 c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Clean water act section 404 q dispute resolution process, case statistics and references. Regulatory funds can only be used for section 10 404 actions, but that may. Policy and guidance documents under cwa section 404. Section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states. The environmental protection agency epa is proposing to revise the clean water act section 404 b 1 guidelines guidelines to provide for comparison of dredged material proposed for discharge with reference sediment, for the purposes of conducting chemical.

Issues to consider for state administration of section 404. Permit program under cwa section 404 section 404 of the. Clean water act section 404 permit application process page 2 of 3 14fda. To do this, the clean water act established national permitting programs and water quality monitoring and reporting requirements. In the continental united states, 357,000 miles of streams provide water for public drinking water systems. Areas that are inundated or saturated by surface or ground waterat a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetationtypically adapted for life in saturated soil conditions. Documents associated with the 2015 clean water rule section. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. Evaluation section 404 of the clean water act, discharge of. This approval does not provide authorization under section 10 of the rivers and harbors act of 1899 or section 404 of the clean water act for entergys proposed discharges. Laws, regulations, executive orders section 404 of the.

Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. Adot clean water act section 404401 guidance manual. The act does not deal directly with ground water or with water quantity issues. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Guidance on applying section 404r of the clean water act. Wetland regulatory authority pdf 2 pp, 641k high resolution for printing. An overview section 404 of the clean water act establishes a program to regulate the discharge of dredged and fill material into waters of the united states, including wetlands. Purpose and scope the united states department of the army army and the united states environmental protection agency epa hereby establish policy and procedures pursuant to which they will undertake federal enforcement of the dredged and fill material permit. Appendix f clean water act section 404b1 evaluation. Watershed academy web introduction to the clean water act. States and federal agencies share critical roles in.

Regulatory information clean water act section 404. Clean water act section 404q dispute resolution process, case statistics and references. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. Clean water act section 404 and usace permitting process. Three key reforms for federal water policy the heritage. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters. Section 404 f of the clean water act provides a list of activities exempt from regulation. Streams under cwa section 404 section 404 of the clean. Section 404 of the clean water act establishes a program to regulate the discharge of dredged or fill material into waters of the united states. The application of the federal fiveyear statute of. Environmental protection agency eparegion 5, for minnesota. Cwa section 404 and 401 permitting workshop final slides. Wwe has successfully obtained permits for projects of all sizes.

Section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands. Often known as epas veto authority, this section of the clean water act empowers epa to deny or revoke permits for certain projects that would normally be granted but for which epa has determined there will be an adverse impact on water. Total maximum daily load program california state water. Clean water act section 404401 guidance manual adot. The rivers and harbors act of 1899 defined navigable waters of the united states as those waters that are subject to the ebb and flow of the tides andor are presently used, or have been used in the past, or may be susceptible to use to transport. Environmental issues environmental auditing laws, regulations and rules environmental permits water quality management. This nwp authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the clean water act section 404 f exemption for maintenance. Clean water act section 404q factsheet section 404 of the. Appalachian stream mitigation workshop section 404 of. Section 404 traditional navigable water tnw determinations within the seattle district, corps of engineers regulatory boundary listed below are traditional navigable waterbodies regulated by the u. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5.

Clean water act section 404 compliance and the nationwide. The project site extends about 5,000 feet along the north shore of the kenai river estuary, just east of the rivers discharge into cook inlet, within the city of kenai, alaska figure 1. Section 404 of the clean water act twice this interim. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. Documents associated with the 2015 clean water rule. Section 401, water quality certification section 404, discharge of dredged and fill material into waters of the us. For the most part, the cwa section 404 permit program has been. Section 10 of the rivers and harbors act of 1899 and section 404 of the clean water act sections 10 and 404 note. Section 404 clean water act and section 10 rivers and harbors act permit guidance manual a cooperative effort of the st. Minnesota federal clean water act section 404 permit. Wetland regulatory authority pdf 2 pp, 361k low resolution for viewing. The cwa permit programs were concerned with today are. Companion resource for section 404 of the clean water act. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u.

Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. Clean water act section 404q factsheet pdf 2 pp, 812 k. Overview of section 404 section 404 of the clean water act. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. Draft 404 b1 evaluation the following section 404 b1 evaluation is presented in a format consistent with typical. Clean water acts section 404 program by adopting much of the structure used in. These criteria are applicable to all 404 permit decisions. These discharges are subject to section 402 of the clean water act. Clean water act section 404 basics 1 clean water act section 404basics 2 clean water act section 404. Clean water act section 404f exemptions sacramento district. Clean water act, section 404 wetlands us epa page 1 of 4.

Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. Overview of clean water act section 404 section 404 of. Section 404 of the clean water act permits for the discharge of dredged or fill material into waters of the united states includes most wetlands at specified disposal sites. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. Technical support document for the clean water rule.