Watershed academy web introduction to the clean water act. Inland testing manual section 404 of the clean water act. 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 404 permit program section 404 of the clean water. If an activity involves the discharge of dredged or fill material into waters of the u. Activities in waters of the united states that are regulated under this program include fills for development, water resource. Section 404 of the clean water act environment federalaid. Clean water act section 404c regulations pdf 8 pp, 23 k contact us to ask a question, provide feedback, or report a problem. Section 301 of the act prohibits discharges to waters of the u. These criteria are applicable to all 404 permit decisions. This video is part of the federalaid essentials for local public agencies web site and resource library. Inland testing manual pdf 176 pp, 9 mb, february 1998, epa823b98004 contact us to ask a question, provide feedback, or report a problem. Policy and guidance documents under cwa section 404.
Clean water act became the act s common name with amendments in 1977. Under section 404 of the clean water act, it is unlawful to discharge dredged or fill material. Wetland and water resources are found on many farms. Clean water act section 404 and agriculture section 404 of. Companion resource for section 404 of the clean water act. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28, 2007 presentation for the by march 28, 2007.
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. Clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Clean water act section 404c regulations section 404. Section 404 of the clean water act desco environmental. Overview of section 404 section 404 of the clean water act. Section 404 of the cleansection 404 of the clean water act. You may need a pdf reader to view some of the files on this page. 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. By enacting a limited exception from the individual permit requirement under sections 404 f1c and 404 f2, congress attempted to craft a delicately balanced compromise. 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. United states environmental protection agency office of water 4504f epa 842f94001 february 1995 epa clean water act section 403 a framework for ecological risk assessment background in 1972, congress passed the federal water pollution control act, commonly known as the clean water 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. Clean water act section 404 compliance and the nationwide. The act includes the navigable waters, and their tributaries, wetlands, lakes, rivers, and streams that have an ecological connection with navigable waters andor support interstate commerce. Permit program under cwa section 404 section 404 of the. Bureau of reclamation reclamation to analyze and describe the potential impacts from proposed discharges of dredged or fill material into the waters of the united states resulting from construction and. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. Healthy wetlands provide people with drinking water purification, groundwater recharge, flood control and pollution control, among other benefits. The proposed fill activity would comply with the section 404 b1 guidelines of the clean water act. 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 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Clean water act section 404 q dispute resolution process, case statistics and references. Clean water act section 404clean water act section 404. Interpretive rule regarding applicability of the exemption from permitting under section 404 fla of the clean water act to certain agricultural. Rather, section 404 f1 exempts only those activities specifically identified.
To provide additional clarity to farmers and to promote practices under the agriculture act of 2014 designed to improve water quality, the epa and the corps have signed an interpretive rule, interpretive rule regarding applicability of the exemption from permitting under section 404f1a of the clean water act to certain agricultural. There are no practical and feasible alternatives to the placement of fill in the proposed sites that would meet the objecti ves and goals of this project. Clean water act section 404 permitting considerations. 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. An evaluation under section 404 b1 of the clean water act cwa has been prepared by the u.
Clean water act section 404q factsheet section 404 of. Dec 09, 2010 this video explains the clean water act as it applies to the regulatory process for the u. The inland testing manual is national guidance used for the evaluation of dredged material for inland disposal under the cwa to determine acceptability of material to be disposed. Fish passage requirements of the clean water act section 404. Clean water act section 404c veto authority factsheet. Virginias cwa section 404 feasibility study 2012 pdf 149 pp, 2 mb this is a final report entitled study of the costs and benefits of state assumption of the federal section 404 clean water act permitting program submitted to the governor robert mcdonnell and the general assembly of virginia in december of 2012. Activities in waters of the united states regulated under this program include fill for development, water resource projects. The steepest hurdle in obtaining a clean water act section 404 permit. In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. 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 act 1972 congress passed the modernday clean water act in 1972 to restore and maintain the chemical, physical, and biological integrity of the nations waters. Minnesota federal clean water act section 404 permit program. Section 404 of the clean water act agency of transportation. The statute employs a variety of regulatory and nonregulatory tools to sharply reduce direct pollutant discharges into.
The following information has been considered in evaluating the biological. Wright water engineers section 404 clean water act. Memorandum withdrawing the interpretive rule regarding the applicability of clean water act section 404f1a pdf 1 p, 1 mb additional information about the clean water act and agriculture. Rutgers university offers wetland delineation training and presents the the full text of the act. 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. Permitting discharges of dredge or fill material us epa. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. Guidance on applying section 404r of the clean water act. Read section 404 of the clean water act the primary federal law in the united states governing water pollution. Waters of the united states are defined broadly to include wetlands and intermittent. Mar 12, 2018 3 results from previous testing of the material or similar material in the vicinity of the project x 4 known, significant sources of persistent pesticides from land runoff or percolation 5 spill records for petroleum products or designated section 311 of clean water act hazardous substances. Inland testing manual under cwa section 404 section 404 of the clean water act.
Overview of clean water act section 404 section 404 of. The act does not deal directly with ground water nor with water quantity issues. Clean water act, section 404 wetlands us epa page 1 of 4. Although a permit is required under section 404 of the clean water act for an addition from a point source of dredged or fill material into navigable waters which include wetlands adjacent to certain other navigable waters by any person,3 sections 404 e, professor of law, university of baltimore school of law. For detailed information on this topic please visit the u.
Section 404 of the clean water act permitting and investigation. The placement of fill is required to provide the desired benefits. 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. Oct 24, 2016 section 404 of the clean water act usdotfhwa. Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Except as provided in section ii below, this policy is not intended for use by epa, violators, administrative judges or courts in determining penalties at hearing or trial. The secretary of the army, acting through the chief of engineers, is authorized to delegate to the state of washington upon its request all or any part of those functions vested in such secretary by section 404 of the federal water pollution control act this section and by sections 9, 10, and. This video explains the clean water act as it applies to the regulatory process for the u. Clean water acts section 404 program by adopting much of the. 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. The steepest hurdle in obtaining a clean water act section. Mountaintop removal mining requires a section 404 permit when soil and rock from.
Minnesota federal clean water act section 404 permit. Issues to consider for state administration of section 404. 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. Army corps of engineers corps and a state section 401 water quality certification wqc, or 2 waters of the state, subject to state issuance of portercologne water quality control act waste discharge requirements wdrs 1. Exemptions to permit requirements under section 404f.
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. After youve completed the quiz, check your answers with the ones provided at the bottom of the page. Usace regulatory program under section 404 a and e of the clean water act cwa usace civil works program state 404 permit programs approved by usepa under section 404 g of the cwa statewide dredged or fill material regulatory programs with bmps approved under section 208b4b and c of the cwa. The inland testing manual is national guidance which provides best available methods for this cwa. Clean water act section 404 and agriculture section 404. 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. Wwe has successfully obtained permits for projects of all sizes. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. Clean water act section 404 f exemptions section 404 f of the clean water act provides a list of activities exempt from regulation. The clean water act cwa protects waters of the united states wotus by prohibiting the discharge of dredged or fill materials without a section 404 permit. 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. 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. 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 carrying out his functions relating to the discharge of dredged or fill material under this section, the secretary may, after notice and opportunity for public hearing, issue general permits on a state, regional, or nationwide basis for any category of activities involving discharges of dredged or fill material if the secretary determines that the activities in such category are similar in.
These resources include streams, ponds, bogs, marshes, swamps, and wet meadows, among others. 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 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. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. Section 404 of the cwa is the primary federal provision regulating wetlands. Inland testing manual under cwa section 404 section 404 of the.
Not later than the fifteenth day after the date an applicant submits all the information required to complete an. Restoration of wetlands under section 404 of the clean water. States and federal agencies share critical roles in. The clean water act cwa is the primary federal law in the united states governing water pollution. Agency interpretaton on applicability of section 402 of the. Requires a permit from the army corps of engineers to place dredged or fill material from afrom a point sourcepoint source into the nations waters waters of the u. Clean water laws, regulations, and executive orders related to. 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. Archived research bridge inspection reports completed research. This video is an introduction to clean water act, section 404 b1. Clean water act section 404q factsheet pdf 2 pp, 812 k. Clean water act overview clean water act overview spotlight on stormwater cwa section 402 rich campbell, epa region 9 office of regional counsel epa clean water act tribal workshop august 14, 2008. 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.
The clean water act cwa establishes the basic structure for regulating discharges of. Interpretive rule regarding applicability of the exemption. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. Federal register notice of availability regarding the. The environmental protection agency epa is proposing to revise the clean water act section 404 b1 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.
The 1972 passage of the clean water act marked an important milestone in the nations. 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. Environmental issues environmental auditing laws, regulations and rules environmental permits water quality management. Adot clean water act section 404401 guidance manual. Introduction to the clean water act1 the clean water act cwa is the cornerstone of surface water quality protection in the united states. Environmental protection agency eparegion 5, for minnesota. Thus, if the recipient disagreed with the facts or legal conclusions on which the aco is based, hesheit faced a difficult dilemma. Section 404 of the clean water act rutgers njaes office of. Inland testing manual under cwa section 404 us epa. This appendix evaluates compliance with the section 404 b1 guide lines of the clean water act guidelines. This is the primary federal authority regulating the physical alteration of wetlands, as well as other waters of the united states, a nd complements the.
Overview of section 404 section 404 of the clean water. Although water transfers are not generally subject to section 402 of the clean water act, the act reserves the ability of states to regulate water transfers under state law. Appendix f clean water act section 404b1 evaluation. Section 404 f of the federal water pollution control act commonly known as the clean water act 3 attempts to address some of these difficult issues. The environmental quality council discussed proposed revisions to federal rules for administration of section 404 of the clean water act twice this interim. Congress intended to leave oversight ofwater transfers to water resource. 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. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the secretary shall publish the notice required by. The clean water act cwa is the primary federal law in the united states governing water.
Our nations waters are protected because they provide many functions, such as habitat for fish and. 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. Section 404 program assumption association of state. Applying section 404r of the clean water act to federal. 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 404q factsheet section 404 of the clean water. Reconsidering section 404 of the clean water act, 17 land and water l. Clean water act section 404401 guidance manual adot. Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. Dvids video clean water act section 404 b 1 guidelines. Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. Overview of clean water act section 404 permitting john a. Under the clean water act cwa, states may seek to implement section 404 that governs dredge and fill activities in wetlands and other waters.