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The Environmental Debate, 3rd Edition

Document 116: Clean Water Act (1972)

The Clean Water Act of 1972, amending the Federal Water Pollution Control Act of 1948, gave teeth to earlier legislation aimed at preventing or reducing water pollution and laid the groundwork for future efforts to preserve the nation’s wetlands. However, in 2001, a Supreme Court decision [see Document152] limited the reach of section 404 and put a roadblock in the way of effective wetlands preservation.

Sec. 101.(a) The objective of this Act is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this Act—

  • (1) it is the national goal that the discharge of pollutants into navigable waters be eliminated by 1985;

  • (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides recreation in and on the water be achieved by July 1, 1983;

  • (3) it is national policy that the discharge of toxic pollutants in toxic amounts be prohibited;

  • (4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;

  • (5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollution in each State; and

  • (6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans.

Sec. 404. (a) The Secretary of the Amy, acting through the Chief of Engineers, may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites.

(b) Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary of the Army (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary of the Army... and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the economic impact of the site on navigation and anchorage.

(c) The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds, and fishery areas (including spawning and breeding areas), wildlife, or recreational areas.

Source: Public Law 92-500, United States Statutes at Large, Vol. 86 (Washington, D.C.: Government Printing Office, 1973), 92nd Cong., 2nd Sess., Oct. 18, 1972, pp. 816, 884.

Citation Types

Type
Format
MLA 9th
"Document 116: Clean Water Act (1972)." The Environmental Debate, 3rd Edition, edited by Peninah Neimark & Peter Rhoades Mott, Salem Press, 2017. Salem Online, online.salempress.com/articleDetails.do?articleName=Envd3e_0126.
APA 7th
Document 116: Clean Water Act (1972). The Environmental Debate, 3rd Edition, In P. Neimark & P. R. Mott (Eds.), Salem Press, 2017. Salem Online, online.salempress.com/articleDetails.do?articleName=Envd3e_0126.
CMOS 17th
"Document 116: Clean Water Act (1972)." The Environmental Debate, 3rd Edition, Edited by Peninah Neimark & Peter Rhoades Mott. Salem Press, 2017. Salem Online, online.salempress.com/articleDetails.do?articleName=Envd3e_0126.