Protecting Water Resources: The U.S. Legal Framework

Babette J. Neuberger, JD, MPHAssociate Dean for Academic AffairsUniversity of Illinois at Chicago School of Public Health

Thank-you for inviting me to present at today’s conference!My hope is through sharing description of the

U.S. legal framework and strategies, countries in transition may find useful features to adopt and/or will benefit from lessons learned within U.S.

Water conditions in the 1970’s

Over 1300 local community sewer systems discharged untreated waste. Equal number had only primary treatment- removing less than 30% of some pollutants.

Majority of lakes and rivers too dirty to fish or swim

Rivers flowing through urban areas served as sewers for industrial discharges; not uncommon for chemical and oil debris to catch fire

Lake Erie, one of nation’s five Great Lakes, was pronounced near death

Early 1970’s

Prior 50 years of dumping industrial waste on land, into holding lagoons, etc. created legacy of contaminated groundwater and surface waters.

Industrial and agricultural chemicals had seeped into water supplies through factory discharges, street and farm field runoff, and leaking underground storage and disposal tanks.

1972 - Federal Clean Water Act passed by Congress

Generally considered to be one of most successful of U.S. environmental laws !

Clean Water Act – HistoryPrior to 1972 federal

government had weak authority; responsibility spread among several agencies

50 state governments set Water Quality Standards (WQS) with goal of protect receiving streams

Enforcement mostly non-existent; difficult to prove who caused WQS violation

Nation’s water ways increasingly polluted

1972 Clean Water Act- Main FeaturesPermit program

Focus on controlling effluents rather than protecting receiving streams

ALL discrete point source discharges to waterways were prohibited without a permit

Permit limits based on “best available technology “

WQS enforced where “BAT” not sufficient

Clean Water Act- Main FeaturesMunicipal wastewater treatment facility

grants program:Funding to build or upgrade established secondary treatment as the

standard established industrial pre-treatment program

to protect municipal waste water treatment facilities

Wetland protectionsProhibited dredging or fill of wetlands without

a permit

Subsequent CWA Amendments1977 – government authority to control toxic

pollutants was strengthened1987 - focus on non-point source run-off

from agricultural lands and urban streets, control of combined sewer overflows, and watershed management protection approach

adopted

1974 Safe Drinking Water Act1974 – 1st comprehensive federal statue

governing public water supplies.Prior to 1974, state laws followed national

Public Health Service guidelines (28 standards). 1969 survey found serious deficiencies in the systems surveyed.

Of particular concern – public water supplies ere found contaminated by industrial and agricultural chemicals

SDWA - Main Features (2010)Source water protection Treatment Distribution system integrity, and Public information

To date, over 90 primary drinking water standards have been set for chemical, microbial, radiological and physical contaminants

1976 Resource Conservation and Recovery Act - history

Decades of uncontrolled disposal of hazardous industrial wastes in landfills (most common disposal technique) led to large-scale contamination of soils and groundwater; contaminating drinking water supplies in many communities

RCRA – Main Features“Cradle to Grave” management of

hazardous waste. Law regulates waste generators, transporters, and treatment, storage and disposal facilities

1984 amendments Comprehensive regulation of

Underground Storage TanksPhase out land disposal of hazardous

waste

Status of U.S. Water Currently

The challenges continue…

Millions in U.S. Drink Dirty Water, Records Show December 7, 2009 NY Times headline

2004 State Reports on Water QualityRivers and Streams 44% of those assessed were deemed impaired

or not clean enough for designated use such as fishing and swimming

Lakes, Ponds and Reservoirs64% of those assessed were deemed impaired

Bays and Estuaries30% of those assessed were deemed impaired

Lessons learned…Essential elements of successful U.S.

water protection strategy…Strong national laws delegated to the

states for implementationSolid institutional infrastructure at all

govt. levelsEnforcement mechanisms (eg., permits);

with penalties for noncomplianceInspection , monitoring and reporting

requirementsCitizen Suit ProvisionsToxic waste control is essential

Cam ơn.. thank-you for your attention.o I welcome questions and dialogue