Clean Water Act

The Clean Water Act (CWA) of 1972,
33 USC 1251-1387
, was enacted to maintain and restore the chemical, physical, and biological integrity of the waters of the U.S. The broader jurisdiction under this law includes not only navigable waters, but also most waters of the country and adjacent wetlands. Provisions of the CWA are enforced by the
Texas Commission on Environmental Quality
(TCEQ) and the
USACE
.
A water discharge permit or coordination is required whenever a project directly or indirectly impacts water resources. For more information on the CWA, see the TxDOT .
  • Section 402 National Pollutant Discharge Elimination System
     In 1990, the EPA published
    40 CFR Part 122
    , which contains regulations for the
    National Pollutant Discharge Elimination System
    (NPDES) storm water discharge permits. The purpose of this legislation is to improve the quality of the nation's rivers, lakes, and streams. NPDES regulations are administered by
    Environmental Protection Agency
    (EPA) and
    TCEQ
    through the
    Texas Pollutant Discharge Elimination System
    (TPDES) and the
    Construction General Permit
    (CGP).
    The CWA makes it unlawful to discharge storm water from most construction sites in Texas, unless authorized by the TPDES CGP. Unlike an individual permit that authorizes discharge activities for a specific location, the general permits are for a specific activity (i.e. construction). The operator seeking authorization to discharge storm water is required to comply with the terms of the permit.
    For more information on the CGP, see the TxDOT .
  • Section 404 Regulatory Program
    Section 404 of the Clean Water Act
    (CWA) establishes a program to regulate the discharge of dredged and fill material into waters of the U.S., including wetlands. Section 404 makes it unlawful to discharge dredged or fill material into waters of the U.S. without first receiving authorization from the USACE. Activities that typically require authorization include placement of culvert pipes, bridge piers, riprap, or any other alteration to the stream including relocation.
    The Section 404 Program can issue the following permits:
    • nationwide permits
    • individual 404 permit
    • general permit
Some types of permits do not require individual review and approval by the USACE, while others may take several years to process and require extensive mitigation for impacts to Waters of the U.S. The type of permit that will be required depends on the degree of impact. Projects that impact less than 0.10 acre below the ordinary high water mark of the water body, and do not impact any wetlands, can often be authorized without individual review by the USACE.
For more information on the Section 404 Regulatory Program, see the TxDOT .
  • Section 401 Water Quality Certification
     The issuance of any of the above permits is contingent on receipt of a water quality certificate or waiver of certification from the State in which the work is to be done. This certification assures that the proposed project will not violate effluent limitations and water quality standards established pursuant to Section 401 of the CWA,
    33 USC 1341
    , as amended. Under Section 401,
    TCEQ
    is authorized to certify that federally issued permits will meet the state's water quality standards. TCEQ regulates this section under the
    USACE
    permit program and requires the installation of temporary and permanent storm water best management practice devices (BMPs) that have been approved by TCEQ. Environmental documents should include a general description of the measures that will be taken to minimize the potential for impacts to receiving waters under Section 404 and a discussion regarding compliance with Section 401 of the Clean Water Act.
    For more information on Section 401 Water Quality Certification, see the TxDOT .