Clean Water Act
The Federal Clean Water Act (CWA) provides the basis for most American water pollution control laws. Significantly, the Act regulates releases of pollution and toxic substances into waters of the United States and ensures that surface waters are fit for human recreation. All waters with a “significant nexus” to “navigable waters of the United States” fall under the prevue of the CWA. However, the term “significant nexus” has been the subject of great legal debate. Many believe that nonpoint sources of pollution were intended to be covered by the act as well. However, to date, these sources (most notably large farms) are not subject to provisions of the CWA.
Cry Wolf Quotes
Proposed new subsection 10(k) in section 4 of the bill (page 43, line 8), would prohibit the Federal Government from entering into contracts with, or providing financial assistance to, any person whose facilities are not in compliance with water quality standards…..This provision, as written, seems unwieldy. It could not be faithfully carried out without generating a tremendous amount of unnecessary paperwork and inconvenience for all concerned—Federal and State agencies, as well as industry.
To remove jurisdiction of thermal discharges to the higher Federal level offers no evident benefits in the public interest, and on the contrary our experience has shown that it will lead to decisionmaking[sic] on the basis of arbitrary formulas without giving proper weight to the local conditions that do affect public interest.
Laws dealing with complex and technical problems were passed with much emotionalism, little debate, and even less of a data base for support.
Effluent taxes are a license to pollute. If the tax is low or moderate there is little incentive to provide treatment prior to discharge. If the tax is too high some firms, because of size, marginal nature or age, may be forced to close. This can, and does, happen under existing water quality programs. But such shutdowns are directly related to water quality. Shutdowns due to effluent taxes which ignore water quality and produce no tangible benefits are economically and socially unacceptable.
Evidence
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Protecting the Clean Water Act: 37 Years of Progress
A fact sheet extolling the achievements of the Clean Water Act.
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Water Quality Today - Has the Clean Water Act Been a Success?
The Clean Water Act works and it hasn't impeded economic growth.
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Jobs vs. The Environment: An Industry-Level Study
Four industries that operate under intense environmental regulatory scrutiny, but haven't lost jobs as a result.
