Clean Water Act: Sections 402, 403, and 405
American Public University
EVSP411 Environmental Policy, Regulation, and Law
Clean Water Act: Sections 402, 403, and 405
The Clean Water Act (CWA) was established in order to regulate the amount of pollution
dispersed into America’s waterways. The protection and control of ensuring a livable standard on
water quality is employed through programs instituted from the legislation. The act has a long
history of amendments and revisions, even dating back to its origination from the Federal Water
Pollution Control Act. These changes and add-ons are necessary given the broad aquatic field to
it is intending to cover. The CWA has many branches within itself to help specify the rules
and limitations in various environmental situations.
Section 402’s National Pollutant Discharge Elimination System (NPDES) elaborates on
the act’s permitting system. The CWA defines its jurisdiction to “navigable waters”, such as the
likes of oceans, rivers, and lakes (US Army Corps, n.d.). Therefore, pollution through
agricultural runoff is not regulated by the act. Section 402’s subsection (l) notes that agricultural
return flows are not required to have a permit (EPA, 2017). There are however, other regulations
that touch base on what the CWA fails to cover. In regards to the runoff pollution, the 2018
Farm Bill was enacted to strengthen the utilization of environmentally safer agricultural
practices (Earthjustice, 2019). The Safe Water Drinking Act has also established its own
programs to protect groundwater that isn’t regulated under the CWA umbrella (EPA, n.d.).
Section 403’s Ocean Discharge Criteria sorts through the permitting guidelines for the
effects of the disposed pollutants on territorial sea, contiguous waters, and the ocean (EPA,
2019). A suitable partner to this instruction is the Marine Protection, Research, and Sanctuaries
Act or Ocean Dumping Act. The Ocean Dumping Act restrains transport of material on oceanic