The principal law governing pollution of the nation’s surface waters is the Federal Water
Pollution Control Act, or Clean Water Act. Originally enacted in 1948, it was totally revised by
amendments in 1972 that gave the act its current dimensions. The 1972 legislation spelled out
ambitious programs for water quality improvement that have since been expanded and are still
being implemented by industries and municipalities.
This report presents a summary of the law, describing the statute without discussing its
implementation. Other CRS reports discuss implementation, including CRS Report R42883,
Water Quality Issues in the 113th Congress: An Overview, and numerous products cited in that
report.
The Clean Water Act consists of two major parts, one being the provisions which authorize
federal financial assistance for municipal sewage treatment plant construction. The other is the
regulatory requirements that apply to industrial and municipal dischargers. The act has been
termed a technology-forcing statute because of the rigorous demands placed on those who are
regulated by it to achieve higher and higher levels of pollution abatement under deadlines
specified in the law. Early on, emphasis was on controlling discharges of conventional pollutants
(e.g., suspended solids or bacteria that are biodegradable and occur naturally in the aquatic
environment), while control of toxic pollutant discharges has been a key focus of water quality
programs more recently.
Prior to 1987, programs were primarily directed at point source pollution, that is, wastes
discharged by industrial and municipal facilities from discrete sources such as pipes and outfalls.
Amendments to the law in that year authorized measures to address nonpoint source pollution
(runoff from farm lands, forests, construction sites, and urban areas), which is estimated to
represent more than 50% of the nation’s remaining water pollution problems. The act also
prohibits discharge of oil and hazardous substances into U.S. waters.
Under this act, federal jurisdiction is broad, particularly regarding establishment of national
standards or effluent limitations. Certain responsibilities are delegated to the states, and the act
embodies a philosophy of federal-state partnership in which the federal government sets the
agenda and standards for pollution abatement, while states carry out day-to-day activities of
implementation and enforcement.
To achieve its objectives, the act is based on the concept that all discharges into the nation’s
waters are unlawful, unless specifically authorized by a permit, which is the act’s principal
enforcement tool. The law has civil, criminal, and administrative enforcement provisions and also
permits citizen suit enforcement.
Financial assistance for constructing municipal sewage treatment plants and certain other types of
water quality improvements projects is authorized under Title VI. It authorizes grants to capitalize
State Water Pollution Control Revolving Funds, or loan programs. States contribute matching
funds, and under the revolving loan fund concept, monies used for wastewater treatment
construction are repaid to states, to be available for future construction in other communities.
