Answers Graded A+
The agencies will generally not assert jurisdiction over:
- Swales or erosional features (such as gullies, small washes characterized by low volume,
infrequent or short duration flow)
- Ditches (including roadside ditches) excavated wholly in and draining only uplands and that do
not carry a relatively permanent flow of water
The agency will apply the significant nexus standard as follows:
- A significant nexus analysis will assess the flow characteristics and functions of the tributary
itself and the functions performed by all wetlands adjacent to the tributary to determine if they
significantly affect the chemical, physical, and biological integrity of downstream traditional
navigable waters
- Significant nexus included consideration of hydrologic and ecologic factors
Rapanos Case: 2008 EPA Guidelines Revised Following more public comment, the
Rapanos Guidance was revised in 2008 by the US EPA and the US Army Corps of Engineers.
,The Guidance:
1. Clarifies how to determine the reach of the "Traditional Navigable Waters (TNWs)"
2. Clarifies the regulatory term "adjacent wetlands"
3. Refines the concept of "relevant reach"
Pollution The man-made or man-induced alteration of the chemical, physical, biological,
and radiological integrity of water.
Pollutant Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.
Impaired Waters Waters of the US that are considered too polluted or otherwise degraded
to meet the water quality standards set by states, territories, or authorized tribes.
, Total Maximum Daily Load (TMDL) The calculation of the maximum amount of a
pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet
water quality standards for that particular pollutant.
Effluent Limitations Any restriction by a State or the Administrator on quantities, rates,
and concentrations of a chemical, physical, biological, and other constituents which are
discharged from point sources.
Waters of the United States -1986/1988 Regulatory Definition - All waters which are
currently used, or were used in the past, or may be susceptible to use in interstate or foreign
commerce, including all waters which are subject to the ebb and flow of the tide
- All interstate waters including interstate wetlands
- The territorial Sea
BAT Best Available Technology Economically Achievable
BPT Best Practicable Control Technology Currently Available
COD Chemical Oxygen Demand