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National Pollutant Discharge Elimination System, 2010-2017

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The National Pollutant Discharge Elimination System (NPDES) is a permit program implemented by authorized state governments and the Environmental Protection Agency (EPA) under the Clean Water Act. Industrial facilities and municipalities that discharge pollutants into navigable waters must hold a permit from the EPA or authorized state agencies before they can discharge these pollutants. The permit specifies the process in which water pollutants may be discharged into navigable waters such as lakes, rivers, or streams as well as the technological features required to limit water pollution.[1][2]

Background

See also: Clean Water Act

The National Pollutant Discharge Elimination System (NPDES) requires industrial and municipal sources of pollution to hold permits before pollutants can be discharged into navigable waters (waters used for commerce and travel). The system sets the allowable amount of pollutants discharged by a source; regulated pollutants include wastes, soils, rocks, chemicals, bacteria, suspended solids, heavy metals, pesticides, and more. NPDES permits are issued by authorized state agencies or the EPA. The permits require industrial sources and municipalities to meet measurable discharge limits by a certain date. These sources must also maintain records and monitor pollutant discharges.[2][3]

NPDES permits require municipalities or industrial sources to follow technology-based pollutant discharge limits within a certain compliance date. Sources must also keep records and monitor their discharges. Discharge limits include restrictions on discharges of conventional pollutants, such as bacteria and chemicals, and restrictions on discharges of toxic pollutants, such as pesticides and heavy metals.[2]

Water quality standards

In addition to limiting pollutant discharges using the NPDES system, the Clean Water Act requires enforceable water quality standards to maintain overall water quality. Standards are set for bodies of water based on the water's designated use, such as industrial water supply, swimming, fishing, agricultural irrigation, and more. The act also requires that standards include the maximum concentrations of various pollutants that would not inhibit a waterway's designated use. States establish water quality standards for waterways within their borders, though the EPA may disapprove and replace state standards with its own if they do not meet the act's minimum requirements.[2][4]

State governments monitor waterways to ensure that bodies of water meet standards. For waters that do not meet quality standards, states use two additional anti-pollution methods to ensure impaired water bodies ultimately meet standards. First, states will set total maximum daily loads (TMDLs), which are the maximum allowable amounts of a pollutant in impaired bodies of water. TMDLs are set with the goal of reducing pollution so a body of water can meet quality standards. Second, states will divide the maximum allowable amount of a pollutant discharge into an impaired water among various pollution sources.[2][5]

Enforcement

The federal government may issue compliance orders or civil suits against those who violate NPDES permit requirements. Federal penalties can reach up to $25,000 per day for certain violations. The EPA may bring criminal charges with penalties up to $50,000 per day, three years' imprisonment, or both, for conscious or negligent violations. Charges of knowing endangerment can result in fines of up to $250,000, 15 years in prison for responsible individuals, or both.[2][6]

See also

Footnotes