The Clean Water Act is the primary regulatory policy related to surface water quality and protection, the act does not pertain to ground water or water quality issues. The CWA was born in response to public concern of water quality issues. In 1972, the Water Pollution Control Act Ammendments were passed, setting basic guidelines for surface waters n the United States. Ammendments to the Act in 1977 became known as the CWA, creating an outline for the regulation of pollutant discharges into United States surface waters. The Act made it illegal to introduce pollutants from a point-source into any navigable waters without a permit obtained from the EPA. More recent amendments deal with specific waters and contaminants such as the Great Lakes and border waters.

The surface waters of Minnesota are protected under the general CWA and as such the following sections of the CWA are of importance to our topic.

Section 305b - National Water Quality Inventory Report to Congress.

Section 305b requires that the EPA supply a full report to congress in regards to the surface water conditions of each state. This report is made every two years and is organized by state. Each state is required to explain water quality measurement methods as well as provide information about water bodies that fall short of the national or state standards, as well as actions being taken to improve these waters.

Section 303d - Listing of Impaired Waters.

Each state is required to provide congress with a list of impaired waters. An impaired water is one which is not expected to reach state or federal water quality goals after current regulatory conditions are implemented. Impaired waters are listed by watershed as well as individual water body, and Total Maximum Daily Loads (TMDL) are given according to pollutant type and year. A TMDL is defined as “a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources.” (http://www.epa.gov/owow/tmdl/intro.html)

Section 304 - Permitting Regulations

The Clean Water Act sets forth a permit system that regulates pollution discharges from point-sources. Permits are granted that create legal levels for types and amounts of pollutants that may be released into public waters. Permit holders monitor their own levels of discharge and report Discharge Monitoring Reports (DMRs) to the state.

Permit holders within the state of Minnesota must reapply every five years. At these times the acceptable levels of discharge are evaluated, and new limitations are established in the granting of a new permit.