The application of the federal fiveyear statute of. In fact, wetlands regulation under section 404 does not necessarily even result in restricting the use of a site. Clean water act, section 404 wetlands us epa page 1 of 4. Clean water act section 404 wetlands violations science. The basis of the cwa was enacted in 1948 and was called the federal water pollution control act, but the act was. Requires consultation with the us fish and wildlife service and the appropriate state wildlife agency when a project will impound, divert, channelize, or otherwise control or modify the waters of any stream or other body of water. Meredith weinberg is an experienced trial attorney who represents corporate and municipal clients involved in multiparty cleanup litigation under cercla and washingtons mtca, clean water act section 404 permitting and stormwater matters, safe drinking water act enforcement cases, and state and federal tribal disputes. Clean water act section 404b1 guidelines, 40 cfr, part 230. Federal enforcement for the section 404 program of the clean water act i.
Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure development such as highways and airports and. Bibliographic record and links to related information available from the library of congress catalog. In 2018, adeq began a collaborative stakeholder process to draft a roadmap for arizona to assume the clean water act section 404 permitting. Supreme court will decide important case affecting. The act established the basic structure for regulating discharges of pollutants into the waters. For purposes of obtaining information under section 15 of this title, or carrying out section 67e of this title, the administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u.
Honolulu district website missions regulatory office. When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. Federal officials redefine whats covered under clean water act. The steepest hurdle in obtaining a clean water act section. The inland testing manual is national guidance which provides best available methods for this cwa evaluation. This book focuses on the implementation of cwa section 404 dredge and fill permits.
This book will be important to anyone seeking a comprehensive understanding of the no net loss. Surface coal mining initiative actions this page provides updates and background information regarding epas recent activities under the clean water act section 404, clean water act section 402, and national environmental policy act nepa. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. Section 404 of the clean water act environment federalaid. 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. Activities in waters of the united states that are regulated under this program include fills for development, water resource. Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed.
Army corps of engineers corps jurisdiction for permitting artificial reefs extends from the mean high water line to the outer continental shelf. The above recommendations will help to achieve this goal. This reference book contains a current copy of the clean water act section 404 and the rivers and harbors act sections 9 and 10 and those regulations that implement those sections of the statutes and appear to be most relevant to doe activities. The clean water act handbook, fourth edition the clean water act handbook, fourth edition.
National environmental policy act, 40 cfr, parts 1500 1508 and corps appendix b implementing regulations. As amended in 1977, this law became commonly known as the clean water act. Guidance on applying section 404r of the clean water act. Section 404 of the nations clean water act is the primary regulation protecting wetlands. The clean water act cwa is a 1977 amendment to the federal water pollution control act of 1972, which set the basic structure for regulating discharges of pollutants to waters of the us epa 1994, p. Growing public awareness and concern for controlling water pollution led to enactment of the federal water pollution control act amendments of 1972. Mar 03, 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. Army corps of engineers permits under the clean water act section 404, the rivers and harbors act section 10, and the marine protection, research, and sanctuaries act also known as the ocean dumping act, section 103 within the honolulu district. Register here to receive public notices for activities being evaluated for u. Paul districts regulatory jurisdiction covers the states of. 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 requirements section 404 program of the clean water act cwa.
The determination of mitigation under the clean water act section 404b1 guidelines feb. Environmental protection agency, memorandum of agreement. 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. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. The corps regulatory program includes section 10 of the rivers and harbors act of 1899 and section 404 of the clean water act. Birkey helps clients obtain approvals under the federal and state endangered species acts, section 404 of the clean water act, sections 16021603 of the california fish and game code, and the portercologne water quality control act. Clean water act section 4040f exceptions 59 suit in a conversion of the land from its wetland character. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. The goals of the clean water act of 1972 section 101a1 national goal. 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. These criteria are applicable to all 404 permit decisions. Rather, section 404 f1 exempts only those activities specifically identified.
The epa guidelines on exempted 404 activities provide that conversion of section 404 wetland to a nonwetland is a change in use. The definitive practical resource to the provisions and complexities of the federal clean water act and how it continues to evolve, this book is written by some of the countrys most knowledgeable experts on. Books clean water act legal research research guides. Use it or lose it clean water act 101 hank graddy sierra sentinels july 10, 2017. The federal water pollution control act was further amended in 1977 and given the name of the clean water act. Supreme court has agreed to decide whether an applicant for a clean water act cwa section 404 permit can immediately challenge, in court, a jurisdictional determination jd issued by a federal regulator. Paul district of the corps of engineers corps released a draft report in 1991 that expanded and updated the. The document is provided to doe and contractor staff for informational purposes only and should not be interpreted as legal guidance. 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.
Coastal and certain inland projects may also require permitting under section 10 of the rivers and harbors act. Clean water act lawsuits come and go, but debate over epa veto rages on. Paul districts regulatory jurisdiction covers the states of minnesota and wisconsin. Inland testing manual under cwa section 404 evaluation of dredged material for inland disposal under the cwa relies on the use of physical, chemical, andor biological tests to determine acceptability of material to be disposed. Introduction introduction the clean water act cwa prohibits the discharge of any dredged or fill material in waters of the united states,1 including wetlands, without a permit. Section 404b1 guidelines of the clean water act prohibits the discharge of dredged or fill materials into waters of the. Usace, fort worth, preparing an alternatives analysis under section 404b1 guidelines of the clean water act nov.
Appendix f clean water act section 404b1 evaluation. Fish and wildlife service fws, the national marine fishery service nmfs, and the u. These requirements are in addition to the need for state and local permits. Contents data are machine generated based on prepublication provided by the publisher. 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.
Except for effluent data, upon a showing satisfactory to the administrator that such papers, books. Recognizing that its 1981 policy regarding regulation of commercial cranberry operations under section 404 was outdated and inadequate, the st. Wetlands, streams, and other waters exhaustively dissects section 404 of the clean water act and section 10 of the rivers and harbors act. The highway methodology, originated by the new england district in. Understanding section 404 connolly, kim diana, johnson, stephen m. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. Regulatory authority for the deployment of artificial reefs is in accordance with section 10 of the rivers and harbor act andor section 404 of the clean water act. Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. Clean water act 404 assumption adeq arizona department of. Restored perennial and season marsh and riparian forest at wildlands mitigation bank, placer county, california a mitigation bank is a wetland, stream, or other aquatic resource area that has been restored, established, enhanced, or in certain circumstances preserved for the purpose of providing compensation for unavoidable impacts to aquatic resources permitted under section 404 or a similar state or local wetland regulation. Table of contents for clean water act the library of. Table of contents for clean water act by joel gross, lynn dodge. Section 404 of the clean water act established a permit program to be administered by the corps of engineers to regulate the nonpoint source discharge of dredged or fill material into waters of the united states. Coordination on jds under cwa section 404 in light of swancc and rapanos supreme court decisions d.
The cwa made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit authorized under the cwa was obtained. Chapters 4 and 5 of this book outlined the scope of activities. The steepest hurdle in obtaining a clean water act section 404 permit. Many activities are either not regulated at all, explicitly exempted from regulation, or authorized under general permits. Various pieces of legislation have modified these authorities, but not removed them. Army corps of engineers usace regulatory program involves the regulating of discharges of dredged or fill material into waters of the united states and structures or work in navigable waters of the united states, under section 404 of the clean water act and section 10 of the rivers and harbors act of 1899. The definitive practical resource to the provisions and complexities of the federal clean water act and how it continues to evolve, this book is written by some of the countrys most knowledgeable experts on the cwa. 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. Section 10 of the rivers and harbors act of 1899 applies to all navigable waters of the united states and section 404 of the clean water act applies to all waters including wetlands that have sufficient nexus to interstate commerce.
Overview of clean water act section 404 section 404 of. Swampbuster in the food security act united states. Chapters 4 and 5 of this book outlined the scope of activities that require a section 404 permit, but this chapter will begin with a brief explanation of a few. States, including wetlands, require permitting under section 404 of the clean water act. The clean water act cwa is the primary federal law in the united states governing water pollution. Rock island district website missions regulatory faqs. In 1972, amendments to the federal water pollution control act clean water act added what is commonly called section 404 authority 33. Chapter 6 section 404 permits the cornerstone of federal wetlands protection is the clean water act section 404 permit program. Cwa guidance united states army corps of engineers. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices.
Companion resource for section 404 of the clean water act. Environmentnepa resources federal transit administration. Wetland determinations for the clean water act nrcs and the corps of engineers promulgated joint guidance in february 2005 on conducting wetland determinations for the food security act of 1985 and section 404 of the clean water act. Army corps of engineers usace regulatory program involves the regulating of discharges of dredged or fill material into waters of the united states and structures or work in navigable waters of the united states, under section 404 of the clean water act and section 10. While the committees charge is to focus on the cwa section 404 program, its conclusions and recommendations are applicable to both federal and state. The cornerstone of federal wetlands protection is the clean water act section 404 permit program. Policy and guidance section 404 of the clean water act. Watershed academy web introduction to the clean water act. The ohio epa division of surface water has received an application for, and has begun to consider whether to issue or deny, a clean water act section 401 water quality certification andor isolated wetland permit for the projects listed in the following table.
Section 404 of the clean water act establishes a program to regulate the. White paper for us department of the interior, office of environmental policy and compliance. Better known as the red book, this document provides numerous measures to. Section 404f of the clean water act trench warfare over maintenance of agricultural drainage ditches. 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 106 of the national historic preservation 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 development such as highways and airports and mining projects. Clean water act amendments of 1972 established the requirement for section 404 permits for deposition of dredged and fill material in these waters. Compensating for wetland losses under the clean water act. Fish passage requirements of the clean water act 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, including wetlands. Agc explains what you need to know today about federal jurisdiction over wotus the u. Federal enforcement for the section 404 program of the clean. States and federal agencies share critical roles in.
Stakeholder materials clean water act 404 assumption adeq. Natural resource regulation in california available now. Clean water laws, regulations, and executive orders related to. Army corps of engineers corps will regulate activities via the hereinidentified general. The clean water act section 404 program should be improved to achieve the goal of no net loss of wetlands for both area and functions.
The presence of wetlands does not mean that a property owner cannot undertake any activity on the property. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. Evaluation of dredged material for inland disposal under the cwa relies on the use of physical, chemical, andor biological tests to determine acceptability of material to be disposed. Regulatory authority factsheet section 404 of the clean water act. Clean water act section 404b1 guidelinesq memorandum of agreement between the environmental protection agency and the department of the army aug. Wetlands, streams, and other waters solano press books. Applying section 404r of the clean water act to federal. Compensating for wetland losses under the clean water act get this book. Army corps of engineers, 2017 nationwide permits, conditions, district engineers decision, further information, and definitions. The course is a companion to the book, the clean water act owners manual. Clean water act became the act s common name with amendments in 1977.
The army corps of engineers issues permits that are needed for any work, including construction and dredging, in the nations navigable waters. Oct 24, 2016 section 404 of the clean water act usdotfhwa. Wwe has successfully obtained permits for projects of all sizes. Environmental protection agency epa may also be involved in section 404 permitting. Solid waste agency of northern cook county swancc v. This agreement shall apply to regulatory authorities under. Clean water act section 404 enforcement compendium epa nepis. Jacksonville district regulatory division source book.
Inland testing manual under cwa section 404 section 404. Obtain a permit united states army corps of engineers. Section 404 of the clean water act permitting and investigation. Usace follows the requirements of section 404 of the clean water act. Wright water engineers section 404 clean water act. Permitting discharges of dredge or fill material us epa. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Section 404 permit program section 404 of the clean water. Permit program under cwa section 404 section 404 of the. This reference book contains a current copy of the clean water act excluding section 404 and those regulations that implement the statutes and appear to be most relevant to us department of energy doe activities.
A legal resource guide for information relating to the clean water act cwa including primary and secondary source materials, quick links, and database resources. Pursuant to section 10 of the rivers and harbors act of 1899 33 usc 403, section 404 of the clean water act 33 usc 44, and section 4e of the outer continental shelf lands act of 1953 67 stat. Environmental issues environmental auditing laws, regulations and rules environmental permits water quality management. Erdcel tr065, a regional guidebook for applying the hgm. Compensating for wetland losses under the clean water act is available from the.
600 1501 547 354 1466 1467 1375 1428 1343 65 491 266 1392 913 971 1314 42 577 179 89 1459 226 981 1319 1526 687 650 552 890 1068 765 149 82 383 1481 1333 950 727 1158 1448