Overview of section 404 section 404 of the clean water act. The failed federal regulation of fanning activities under section 404 of the clean water act, 9 pace envtl. Taking apart the clean water act is not a game clean. 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.
The application of the federal fiveyear statute of limitations for penalty actions to wetlands violations under the clean water act by joseph g. Overview of section 404 pdf text of section 404 33 u. Laws, regulations, executive orders section 404 of the. Clean water act section 404 q dispute resolution process, case statistics and references. The clean water act cwa is the cornerstone of surface water quality protection in the united states. The basis of the cwa was enacted in 1948 and was called the federal water pollution. Appendix r port of gulfport expansion project mississippi state port authority section 404 b1 evaluation u. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. Midcourse corrections in the section 404 program james r. Clean water act section 404401 guidance manual adot. States and federal agencies share critical roles in. Minnesota federal clean water act section 404 permit. Clean water act section 404 permit application process page 2 of 3 14fda.
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. Pdf 2 pp, 704 k contact us to ask a question, provide feedback, or report a problem. 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. In the continental united states, 357,000 miles of streams provide water for public drinking water systems. The application of the federal fiveyear statute of. 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.
Clean water act section 404q factsheet pdf 2 pp, 812 k. Appendix b1 clean water act section 404b1 evaluation. Army corps of engineers under section 404 of the clean water act. 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. The discharge of material shall consist of suitable material free from toxic. Us army corps of engineers section 408 overview regulatory workshop july 22, 2016 kim leonardkevin lee. The environmental quality council discussed proposed revisions to federal rules for administration of section 404 of the clean water act twice this interim. The cwa permit programs were concerned with today are. 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. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. Mitigation under section 404 of the clean water act.
Section 404 of the clean water act twice this interim. Clean water act permitting cwa section 402 primarily administered by epa or authorized states. Clean water act section 404 compliance and the nationwide. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. 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. Provides that the secretary of the army may, on recommendation of the. 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. Adot clean water act section 404401 guidance manual.
Definition of waters of the united states pdf 423 pp, 2 mb final clean water rule economic analysis pdf 87. Guidance on conducting wetland determinations for the food. Three key reforms for federal water policy the heritage. Watershed academy web introduction to the clean water act. If an activity involves the discharge of dredged or fill material into waters of the u. Section 404 traditional navigable water tnw determinations. 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. Clean water act section 404q dispute resolution process, case statistics and references. Federal enforcement for the section 404 program of the. Clean water act section 404f exemptions sacramento district. Section 404 of the clean water act permitting and investigation. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. Documents associated with the 2015 clean water rule section.
Total maximum daily load program california state water. To do this, the clean water act established national permitting programs and water quality monitoring and reporting requirements. Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. Policy and guidance documents under cwa section 404. Rather, section 404 f1 exempts only those activities specifically identified. In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. Clean water act section 404 permitting considerations. Section 404 c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. Draft 404 b1 evaluation the following section 404 b1 evaluation is presented in a format consistent with typical. 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. Stateassumption of section 404 of federal clean water act leslemm wetlands section manager. Applying section 404r of the clean water act to federal.
You may need a pdf reader to view some of the files on this page. Epa could give up its chance to stop the most devastating projects. 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 protection agency eparegion 5, for minnesota. Certain discharges of dredged or fill material into waters of the united states are also regulated under other authorities of. 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. 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 clean water act and section 10 rivers and harbors act permit guidance manual a cooperative effort of the st. For the most part, the cwa section 404 permit program has been. Sep 15, 2016 see epas about pdf page to learn more. 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. Section 401, water quality certification section 404, discharge of dredged and fill material into waters of the us. Cwa section 404 and 401 permitting workshop final slides.
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 404f of the clean water act cwa provides activities which are exempt from. Section 404 f of the clean water act provides a list of activities exempt from regulation. Wetland regulatory authority pdf 2 pp, 641k high resolution for printing. Overview of section 404 section 404 of the clean water. Wright water engineers section 404 clean water act.
Clean water act section 404 basics 1 clean water act section 404basics 2 clean water act section 404. 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. Documents associated with the 2015 clean water rule. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. Issues to consider for state administration of section 404. The steepest hurdle in obtaining a clean water act section 404 permit. Authorized in section 14 of the river and harbors appropriation act of 1899 33 usc 408. Permit program under cwa section 404 section 404 of the. Clean water act section 404b1 contaminant determination. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28, 2007 presentation for the by march 28, 2007. 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. 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. Some states have chosen to develop ground water quality standards mentioned in the section entitled. Evaluation section 404 of the clean water act, discharge.
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. Clean water act section 404q factsheet section 404 of. Wetland regulatory authority pdf 2 pp, 361k low resolution for viewing. Clean water acts section 404 program by adopting much of the structure used in. 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. 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. Administrator of the environmental protection agency under section 303 of the federal water pollution control act. For opponents of the act, section 404 had, as a result of this concern, become a symbol of dramatic overregulation.
Regulates discharges of dredged or fill material into waters of the u. Permit program under cwa section 404 section 404 of the clean. Regulates effluent discharges through the national pollutant discharge elimination system npdes program. 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.
Companion resource for section 404 of the clean water act. If you have any questions or require additional information, please feel free to call me at. Clean water act laws, regulations, executive orders jump to main content. Environmental issues environmental auditing laws, regulations and rules environmental permits water quality management. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. 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. Regulatory funds can only be used for section 10 404 actions, but that may. Clean water act section 404q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. 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.
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. Primaryfederalstate water regulatory authorities in mn 1 federal clean water act section 404 u. This pdf file was adapted from an online training module of the epas watershed academy web, found at. 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. 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 applying section 404r of the clean water act. Activities in waters of the united states that are regulated under this program include fills for development, water resource.
Section 404 clean water act and section 10 rivers and harbors. 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. Federal enforcement for the section 404 program of the clean water act i. Evaluation section 404 of the clean water act, discharge of. The application of the federal fiveyear statute of limitations for penalty actions to wetlands. 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. The steepest hurdle in obtaining a clean water act section.
Regulatory information clean water act section 404. Technical support document for the clean water rule. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Corpsepa definition for clean water act section 404 purposes. Clean water act section 404c veto authority factsheet. Basics of the clean water act eli summer school, 2018. Wwe has successfully obtained permits for projects of all sizes. The clean water act cwa is the primary federal law in the united states governing water pollution. Clean water act section 404q factsheet section 404 of the. Clean water act section 404 and usace permitting process. Section 319 section 401 section 404 state revolving loan fund.
Clean water act, section 404 wetlands us epa page 1 of 4. Streams under cwa section 404 section 404 of the clean. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or. The clean water act cwa is the primary federal law in the united states governing water. 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. The following documents are associated with the 2015 clean water rule. 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. Army corps of engineers and the environmental protection agency. Section 10 of the rivers and harbors act of 1899 and section 404 of the clean water act sections 10 and 404 note. The act does not deal directly with ground water or with water quantity issues. Section 404 of the clean water act desco environmental. These discharges are subject to section 402 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 of the clean water act regulates activities that discharge into wetlands and other waters of the u. 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. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. This chapter describes the evolution of compensatory mitigation requirements in the clean water act cwa section 404 program, including agency guidance. Appendix f clean water act section 404b1 evaluation. These waterbodies are not regulated under section 10 of the rivers and harbors. Appalachian stream mitigation workshop section 404 of. Overview of clean water act section 404 section 404 of.
State assumption of the section 404 program of the clean. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters. 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. 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. Paul district corps of engineers and the minnesota department of transportation kelly urbanek, usace sarma straumanis, mndot john mackner, mndot.