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What are the Laws & Ordinances regarding Pollution, Water, &
Streamside Forests in the Mahoning River Watershed?
Overview:
The laws governing the use and quality of water in the Mahoning River Watershed have a fundamental similarity to the laws governing all waters in the United States. The reason is that all states are governed by the same set of federal acts that establish the physical and quality control of the waterways. The State of Ohio also sets quality standards (that may exceed the standards set at the federal level) and monitors and enforces compliance with the standards. Locally, there are municipal ordinances (like zoning) that impact water quality.
CONTENTS:
1. A Brief History of the Landmark 1972 Clean Water Act
2. Federal Level Water Pollution Control Laws
3. State-level Water Quality and Water Use Laws
To comprehend the vast arena of acts and amendments, laws, regulations, and ordinances, it is useful to understand the basic history of water use laws in the US. But, in understanding anything about water quality in the US, the place to begin is the Clean Water Act.
A Brief History of the Landmark 1972 Clean Water Act
“In 1972, Congress enacted the first comprehensive national clean water legislation in response to growing public concern for serious and widespread water pollution. Lake Erie was dying. The Potomac River was clogged with blue-green algae blooms that were a nuisance and a threat to public health. Many of the nation's rivers were little more than open sewers and sewage frequently washed up on shore. Fish kills were a common sight. Wetlands were disappearing at a rapid rate. Today, the quality of our waters has improved dramatically as a result of a cooperative effort by federal, state, tribal and local governments to implement the pollution control programs established in 1972 by the Clean Water Act. The Clean Water Act is the primary federal law that protects our nation’s waters, including lakes, rivers, aquifers and coastal areas. The Clean Water Act's primary objective is to restore and maintain the integrity of the nation's waters. This objective translates into two fundamental national goals:
eliminate the discharge of pollutants into the nation's waters and achieve water quality levels that are fishable and
swimmable.” Source: EPA
Federal-level Water Pollution Control Laws
(Sources: Environmental Law Handbook, 13th edition, Thomas F. P. Sullivan, Editor; Government Institutes, Inc, 1995. Environmental Engineering, Bill T. Ray, PWS Publishing.)
Rivers and Harbors Act (Refuse Act) (1899) focused on the protection of navigation in the nation’s waters by preventing the discharge of materials that would impede traffic on navigable waters. “Navigable waters” is a term that has been redefined over the past century. Initially, the term was used to keep all interstate commerce from being impeded. The definition has expanded to include other waters (interstate waters; intrastate lakes, rivers, streams, wetlands, etc.) that are used for other interstate purposes (i.e.: by interstate travelers for recreation, as sources of fish or shellfish sold in interstate commerce, or by industries engaged in interstate commerce). The charge of maintaining the physical quality (the levels of water) of waterways for the navigation was given to the US Army Corp of Engineers. The duty of determining and maintaining water quality standards has been given to the Environmental Protection Agency (EPA).
See these websites for more information:
* Refuse Act: http://www4.law.cornell.edu/uscode/33/407.html
* Basic laws regarding water: http://www.epa.gov/win/law.html
The Federal Water Pollution Control Act (1948), the roots of the Clean Water Act, provided limited funding to state/local governments to solve their water problems and charged the US Surgeon General with the development of a comprehensive plan to protect interstate waterways.
Clean Water Act (1972) requires the EPA to set standards on industries based on the capability of technology and costs. The basic components include water quality requirements, the NPDES permit program, and effluent limitations. Initially, the EPA focused its attention on factors such as biological oxygen demand and suspended solids. But a lawsuit filed by environmentalists resulted in a decree called the Flannery Decree (1976) which required the EPA to set new standards to cover 65 toxic pollutants (the most important at the time.) In 1987, the Act again was amended to make improvement in the waterways that remain polluted even after the most strict technology-based requirements have been met. Further, this amendment set a timetable for the regulation of storm water and, among other things, expanded enforcement “tools”. For more info:
http://www.epa.gov/owow/cwa/history.htm.
Safe Drinking Water Act (1975) gives the EPA the authority to regulate contaminants in public drinking water systems. Before this was enacted, federal controls were limited to protecting people from the spread of communicable diseases on interstate water carries (like railroads).
This Act expanded the EPA‘s authority to include public drinking water systems, underground injection wells, and “sole source” aquifers. There have been amendments made to the Act that expedite the development requirements for treatment of water, strengthen the enforcement authorities, and expand the ground water protection provisions. For more info:
www.epa.gov/history/topics/sdwa/.
Water Quality Act (1987) required states to establish numerical water quality standards rather than narrative standards for toxic pollutants.
Other Laws: There are many other laws that relate to water quality, including but not limited to these: the Oil Pollution Act and rules that govern underground storage tanks; the Solid Waste Disposal Act; the Resource Conservation and Recovery Act
(RCRA); the National Environmental Policy Act (NEPA); the Comprehensive Environmental Response; and the Compensation and Liability Act
(CERCLA), also known as “Superfund.” There are many other federal laws relating to water use or water quality; what is listed here are the most fundamental ones.
State-level Water Quality and Water Use Laws
Ohio’s Water Professionals: “The business of clean water in Ohio is a joint effort between several agencies and organizations working toward a common goal. The organizations listed at the website below inform you of the activities and business of clean water and a better environment in the State of Ohio. Although each organization may go about it differently, these agencies have a goal to protect and provide clean water to the citizens of Ohio, it's neighboring States, and the Country.” FROM:
www.ohiowater.org/
Ohio EPA, Division of Surface Water (DSW): “The DSW is working to meet the objectives of the Federal Clean Water Act by making all of Ohio's lakes, rivers, and streams fishable and
swimmable. This division issues permits for the construction of wastewater treatment facilities and the discharge of treated wastewater, monitors compliance with the permit limitations, takes appropriate enforcement actions to ensure compliance, oversees the treatment of industrial wastewaters before they are discharged into public sewage systems, completes detailed water quality studies, establishes water quality standards, and uses data from special studies of streams and lakes to detect changes in and increase general knowledge about water quality in Ohio. “ FROM:
http://www.epa.state.oh.us/dsw/rules/
Ohio Drinking Water Rules: Rules of the Ohio Administrative Code
(OAC) administered by the Division of Drinking and Ground Waters, which constitute the primary drinking water rules for Ohio public water systems, are located on this page:
http://www.epa.state.oh.us/ddagw/oac.html
Ohio Water-related laws and codes: All of the state of Ohio laws and regulations are found in two documents: Ohio Revised Code (laws), and Ohio Administrative Code (regulations). You can view them at:
http://www.epa.state.oh.us/dsw/rules/index.html. You will also find a link here to the Federal Clean Water Act, which, of course, applies to all of Ohio.
Boating Laws: A new law that went into effect January 1, 2000, requires boaters born on or after January 1, 1982, to successfully complete either a boating course or a proficiency exam in order to operate a boat powered by more than 10 horsepower.
(ORC 1547.05-1547.052)
NOTE: The boating course must be approved by the National Association of State Boating Law Administrators; and the proficiency exam must be approved by the Ohio Department of Natural Resources Division of Watercraft.
http://www.dnr.state.oh.us/watercraft/laws/
Boating Registration & Titling: This site includes a flowchart to explain registration and titling requirements for any boat from kayaks to US Coast Guard vessels.
http://www.dnr.state.oh.us/watercraft/reg/
Septic Systems: Household sewage treatment systems serving one, two, or three family dwellings are regulated under chapter 3701-29 of the Ohio Administrative Code through the Ohio Department of Health
(ODH). Local Health Departments are responsible for code enforcement, nuisance investigations, and operational inspections. Many health departments have contracted with the Ohio Environmental Protection Agency for operational inspection of semi-public treatment systems such as food establishments and small businesses. ODH works in partnership with local health departments, industry professionals, academia (universities) and Ohio homeowners to protect our surface and ground water from contamination due to failing or poorly operating sewage systems. (Ohio Department of Health)
Other: The use of water for recreation like swimming and fishing is also governed by the state, unless it is a private or municipal property. Then, local ordinances may apply. All of this is subject to change, including the use of wetlands, as the State of Ohio examines and strengthens its policies, and as laws are enacted/modified at the federal level.
By Leanne Turner, 2002, through a grant from the US EPA. The Mahoning River Education Project: A Partnership between Youngstown State University and the Mahoning River Consortium. Mahoning River website:
www.ysu.edu/mahoning_river
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