Clean Water Handbook

First Update Since 2003! Completely updated to capture all new revisions and new aspects of the law, the new Clean Water Handbook provides environmental professionals with a comprehensive roadmap to the requirements, legal interpretations, and critical issues of water pollution control law. Written from a legal perspective but intended as a practical resource, the Handbook contains both the legal text of the Clean Water Act and the expert interpretation environmental professionals need to understand what their companies' responsibilities are and how they can fulfill them. Each chapter of this edition focuses on one major component of the Clean Water Act. These chapters provide readers with detailed examinations of the history and requirements of the various water programs. Readers can examine these chapters collectively for a fundamental understanding of the Clean Water Act, or they can use them as reference points as they evaluate the effectiveness of their own compliance programs. This book focuses on the federal Clean Water Act, but it also includes essential information for anyone responsible for complying with a state water pollution control program.

Table of Contents:
CHAPTER 1 INTRODUCTION 1.1 Overview 1.2 Brief History of the CWA 1.3 Clean Water Act Goals and Policies 1.4 Elements of the CWA 1.5 The Discharge Prohibition 1.5.1 Addition 1.5.2 Pollutant 1.5.3 Point Source 1.5.4 Navigable Waters (‘‘Waters of the United States’’) 1.6 Overview of this Handbook CHAPTER 2 THE NPDES PERMIT PROGRAM 2.1 What Is an NPDES Permit 2.2 What Discharges Require an NPDES Permit 2.3 State and Federal Roles 2.4 The Permit Process 2.4.1 The Permit Application 2.4.2 The Draft Permit and Comment Period 2.4.3 Appealing the Final Permit Decision 2.5 NPDES Permit Conditions 2.6 Monitoring Requirements 2.7 Reporting Requirements CHAPTER 3 EFFLUENT LIMITATIONS 3.1 Introduction 3.2 Forms of Permit Limitations 3.3 Technology-Based Limitations 3.3.1 BPT 3.3.2 BAT 3.3.3 BCT 3.3.4 NSPS 3.3.5 Variances 3.4 Water Quality–Based Limitations 3.4.1 Water Quality Standards 3.4.2 Translating Standards into Chemical-Specific Permit Limitations 3.4.2.1 Total Maximum Daily Loads 3.4.2.2 Pollutant Trading 3.4.2.3 Watershed Permits 3.5 Toxicity-Based Limitations 3.6 Biological Criteria 3.7 Nutrient Criteria CHAPTER 4 WHOLE EFFLUENT TOXICITY CONTROL 4.1 Background 4.2 When are WET Limitations Required? 4.3 WET-Based Permit Limitations 4.3.1 Types of Limitations 4.3.2 Elements of WET Testing 4.3.2.1 Test Organism 4.3.2.2 Dilution Water 4.3.2.3 Testing Frequency 4.3.2.4 Flow-through v. Static and Renewal Tests 4.3.2.5 Effluent Concentrations 4.3.2.6 On-Site v. Off-Site Testing 4.3.2.7 Grab v. Composite Sampling 4.3.2.8 Acute-to-Chronic Ratio 4.3.3 WET Permit Requirements 4.3.4 Toxicity Identification and Reduction Evaluations CHAPTER 5 STORM-WATER DISCHARGES 5.1 The Storm-Water Program 5.2 The Storm-Water Permit Process 5.2.1 General Permits 5.2.2 Individual Stormwater Permits 5.2.3 Storm-Water Management Plans and Pollution Prevention Plans CHAPTER 6 OTHER TYPES OF DISCHARGES 6.1 Combined Sewer Overflows and Sanitary Sewer Overflows 6.2 Thermal Discharges 6.3 Ocean Discharges CHAPTER 7 THE PRETREATMENT PROGRAM 7.1 Introduction 7.2 Pretreatment Standards 7.2.1 National General Prohibitions 7.2.2 National Specific Prohibitions 7.3 National Categorical Standards 7.4 Local Limits 7.5 Pretreatment Program Enforcement CHAPTER 8 NONPOINT-SOURCE DISCHARGES 8.1 Introduction 8.2 The Section 319 Program 8.3 Coastal Zone Management Program 8.4 National Estuary Program CHAPTER 9 DREDGE AND FILL PERMITS 9.1 Introduction 9.2 Waters Within the Scope of the Program 9.3 Covered Activities 9.4 Individual Permits 9.5 The Mitigation Policy 9.6 Nationwide Permits 9.7 Potential Liabilities under the Section 404 Program CHAPTER 10 PREVENTING, REPORTING, AND RESPONDING TO SPILLS 10.1 Spill Prevention 10.1.1 SPCC Plans 10.1.2 Facility Response Plans 10.2 Spill Notification 10.3 Spill Response and Liability CHAPTER 11 ENFORCEMENT 11.1 Introduction 11.1.1 Federal and State Roles 11.2 Enforcement Theories 11.3 Defenses 11.3.1 Upset 11.3.2 Bypass 11.3.3 Permit-as-a-Shield 11.4 Enforcement Options 11.5 Administrative Order 11.6 Civil Judicial Enforcement 11.7 Criminal Enforcement 11.8 Citizen Suits RESEARCH SOURCES NOTES

About the Author :
Duke McCall is a partner at Morgan Lewis. His practice focuses on environmental law and complex litigation. He represents clients in contribution actions, enforcement proceedings, citizen suits, toxic tort litigation, and regulatory matters, including actions brought under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and analogous state laws.

Review :
This is the fourth edition of The Clean Water Handbook and the first complete update since the third edition in 2003. This dense book begins by outlining the history, goals and policies, elements, and discharge prohibition of the Clean Water Act (CWA). Clearly aimed at environmental professionals, the book details the National Pollutant Discharge Elimination System permit program, Storm-Water Discharges, Dredge Permits, Enforcement, and other topics. An appendix contains the text of the CWA; a section on resources, notes, and an appendix round out the work. Statutory changes, regulatory enactments, and court decisions have amended this act, originally passed in 1972, so this guide is a valuable resource for those tasked with enforcing compliance.