Clean Water Act Potential Conflicts And Issues In Waste Management Regulations

The Clean Water Act, as administered by the Environmental Protection Agency, has mandated industry, government and the public to comply with potentially conflicting and vague water quality statutes, regulations and guidelines. Universal regulatory strategies have been developed which have introduced and have created regulatory, compliance and institutional conflicts. Conflicts have been created because National water quality performance goals and design standards are vague, and, in many cases, cannot be scientifically justified. Because of regulatory technical requirements to define background and environmentally impacted water quality characteristics, the ability to achieve regulatory compliance is difficult. Difficult issues requiring resolutions includes but are not limited to site specific surface and ground water quality classification systems, water quality standards and guidelines, point and non point pollution sources etc. Because of these statutory and regulatory complexities, a confrontational regulatory system has been created as it relates to: - defining performance criteria in relation to design criteria; - resolving water quality statistical compliance conflicts; - defining laboratory precision requirements; - determining background groundwater characteristics; and - locating a representative point of compliance. Because of these complex regulatory issues, the ability to balance goals, needs and economics has not been achieved or in many cases has not been attempted, without legal intervention. A few examples illustrating where water and waste management compliance conflicts have been experienced.