Clean Water Act Support

The Clean Water Act (CWA) regulates discharges to Waters of the US (WOUS) with the goal of improving or maintaining water quality in rivers, streams, lakes, oceans, groundwater, or wetlands in and surrounding the US.

  • NPDES/SPDES Renewals
  • CWA 316(b) - biological sampling, benefits valuations, feasibility evaluations, intake modifications, intake and fish return engineering design, verification monitoring, screen optimization studies, closed-cycle cooling evaluation
  • CWA 316(a) - biological sampling, thermal modeling, mixing zone evaluations, thermal variances
  • CWA 404 permit is needed to discharge dredged or fill material to the waters of the US.
  • CWA 401 certifying that an activity will not violate water quality standards is needed prior to obtaining a section 404 permit
  • Water Quality Evaluations – Whole Effluent Toxicity testing, water quality monitoring, combined sewer overflow evaluations
  • Stormwater – stormwater sampling and reporting, Stormwater Pollution Prevention Plans (SWPPP); Spill Prevention Control and Countermeasure (SPCC) Plans

The Clean Water Act (CWA) regulates discharges to Waters of the US (WOUS) with the goal of improving or maintaining water quality in rivers, streams, lakes, oceans, groundwater, or wetlands in and surrounding the US. The 1972 Federal Water Pollution Control Act was amended to become the CWA of 1977. CWA-related regulations are typically implemented at the state level. Water quality criteria applicable to a discharge depend on both (1) Federal technology-based regulations in the Code of Federal Regulations (CFR) Title 40 Section 400 with applicability based on the industrial sector (TBELs – Technology-Based Effluent Limits), and (2) Local criteria based on existing water quality, water quality goals, water uses, and fisheries (WQBEL – Water Quality-Based Effluent Limits). A wastewater discharger must comply with both TBELs and WQBELs. Applicable discharge limits, monitoring requirements, short and or long-term studies are relayed to the facility via National/State Pollutant Discharge Elimination Program (NPDES/ SPDES) permits. If a facility intends to discharge to WOUS, it must first apply for a NPDES/ SPDES permit and ensure that the discharge conforms to the requirements in the permit. The permit needs to be renewed once every 5 years.

Cooling water withdrawals is the only non-discharge element regulated by NPDES permits via CWA 316(b), which aims to protect fish eggs and larvae (entrainables) and juveniles (impingeables) from getting drawn into facilities and potentially getting damaged or killed.

Thermal discharges share many features with other pollutants such as nitrates or chlorides, but thermal discharges have some unique properties as well. Therefore, NPDES permits handle thermal waste somewhat differently.

ASA assists clients with the following studies and submittals (and much more):

  • NPDES/SPDES Renewals
  • CWA 316(b) – biological sampling, benefits valuations, feasibility evaluations, intake modifications, intake and fish return engineering design, verification monitoring, screen optimization studies, closed-cycle cooling evaluations
  • CWA 316(a) – biological sampling, thermal modeling, mixing zone evaluations, thermal variances
  • CWA 404 permit applications to discharge dredged or fill material to the waters of the US
  • CWA 401 applications certifying that an activity will not violate water quality standards
  • Water Quality Evaluations – Whole Effluent Toxicity testing, water quality monitoring, combined sewer overflow evaluations
  • Stormwater – stormwater sampling and reporting, Stormwater Pollution Prevention Plans (SWPPP); Spill Prevention Control and Countermeasure (SPCC) Plans
  • Fishery Studies
  • Fish Ladders
  • Essential Fish Habitat Assessments
  • Regulatory Consultations and Negotiations
  • Expert Testimony