INCENTIVE-BASED NONPOINT SOURCE POLLUTION ABATEMENT IN A REAUTHORIZED CLEAN WATER ACT1

ABSTRACT: This paper summarizes key provisions of the Clinton Administration's proposals for change in the Clean Water Act. Two of the important themes for change are tougher controls for non-point source pollution and the use of market-based instruments. A detailed analysis of market-based abatement suggests limited potential for reducing costs. The keys to nonpoint source pollution control are clearer definition of property rights combined with changes in government programs that encourage polluting activities.     

STATE WATER QUALITY CONTROL PROGRAM IN ARIZONA1

ABSTRACT: Arizona's water pollution control program is based on authorties of Arizona Revised Statutes and Public Law 92–500, the Federal Water Pollution Control Act Amendments of 1972. The primary areas of this program are monitoring, facility inspections, plan review, planning, discharge permits and grants for the construction of publicly-owned waste water treatment facilities. The discharge permit program deals with control of point-source discharges and is administered by the United States Environmental Protection Agency. The planning and construction grants programs are administered by the State Water Quality Control Council and are implemented by the Bureau of Water Quality Control, which serves as staff to the Council. There are several challenges that face the State in this program. First is the adaptation of the “eastern law” to deal with Arizona's water quality problems. Second is to address problems caused by a long history of “laissez-faire” environmental quality management. Third is a mutual cooperation and coordination among the many entities involved in water resources management. Areas of particular interest in the State's program is the process setting water quality standards and the involvement of people of diversified backgrounds in the field of areawide planning under Section 208 of the Federal Water Pollution Control Act, which is primarily concerned with non-point sources of water pollution.     

ENVIRONMENTAL IMPACT MITIGATION UNDER THE CLEAN WATER ACT AND THE NATIONAL ENVIRONMENTAL POLICY ACT: THE CASE OF TWO FORKS DAM1

ABSTRACT: The role of environmental mitigation in permitting decisions under Section 404 of the Clean Water Act and the National Environmental Policy Act is examined, addressing the extent to which compensatory mitigation is acceptable. The role of mitigation is examined both generically and specifically: first in the requirements of the Clean Water Act and NEPA, and then in the case study of the proposed Two Forks Dam. In both cases, the paper describes dual purposes of environmental protection legislation and mitigation: to protect the biophysical environment and maintain associated human values. Mitigation is found to be sometimes necessary and acceptable as compensation for unavoidable impacts of project development. However, the Two Forks case exemplifies that compensatory mitigation has also been employed as a mechanism to facilitate project development when practicable alternatives entailing less environmental impact are available. Acceptance of compensatory mitigation in such cases violates both the Guidelines of the Clean Water Act and the intent of that Act and NEPA to protect the biophysical environment and human welfare. A recent memorandum of agreement between the Corps and the EPA clarifies this policy, and suggests that permit applications which rely on compensatory mitigation when impacts are available may be denied.     

THE MILWAUKEE POLLUTION CASE - IMPLICATIONS FOR WATER RESOURCES PLANNING1

ABSTRACT: The Illinois v. Milwaukee Federal District Court decision is the most far reaching application yet of the federal common law of nuisance to interstate water pollution conflicts. Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state regulations. The improvements must be completed with or without federal aid. The case points out the apparent inability of the Clean Water Act, the most comprehensive federal legislation affecting the nation's water quality, to deal with certain interstate water quality conflicts. The Milwaukee decision could set a precedent for similar settlements elsewhere which may in turn affect the U.S. Environmental Protection Agency's water quality clean up program. A more integrated, ecosystem conscious approach to management of shared water resources (e.g., the Great Lakes) would help reduce the need for court decisions like Illinois v. Milwaukee.     

IRRIGATOR INVOLVEMENT IN THE IMPLEMENTATION OF AGRICULTURAL NONPOINT SOURCE POLLUTION CONTROL PROGRAMS1

ABSTRACT: Recently, Congress designated irrigated agriculture under the “nonpoint source” category, covered by Section 208 of P.L. 92-500 and involves the use of “best management practices.” Generally, the most appropriate solutions for pollution abatement from irrigated agriculture involve the delivery and use of water rather than the treatment of irrigation return flows. 1. Technological alternatives should be utilized that are sensitive to local conditions and acceptable to the farmers. 2. Informational and educational programs to assist farm operators individually and collectively must be instituted prior to the start of the project; imaginatively conceived, and continuously modified and upgraded if motivation for change is to be encouraged. 3. Technical assistance personnel should be given short courses in skills needed for working effectively with irrigators. 4. Communication techniques used for working with farmers as individuals and groups should be designed into the implementation program and evaluated. 5. Credibility and trustworthiness of Federal and state agencies in the eyes of the irrigators provide the important final ingredient in effectively implementing change and reducing nonpoint source pollution from irrigated agriculture.     

ORGANIZATIONAL EVALUATION OF INDUSTRIAL WATER POLLUTION CONTROL IN THE NEW YORK REGION1

ABSTRACT: Non-technological factors related to the behavior and characteristics of organizations involved in pollution control are explored here as to their importance as determinants or indicators of the level of pollution control effectiveness. Methods of evaluating the existing level of effectiveness are developed and tested using the response of a selected set of industrial establishments to state water pollution abatement action in the New York Region from 1966 to 1971. The compliance of 209 manufacturing establishments to state abatement orders in the New York Region is evaluated with respect to selected organizational and industrial characteristics and characteristics of the firms'socioeconomic environment. The influence of state policies arid programs is also discussed. It was found that the degree of compliance to state abatement action by industry in the Region is positively related to organization size, the extent of waste generation, the wealth and size of the town in which the firm is located, and the availability of waste treatment facilities in the town. The age of the firm was not related to compliance. The structure of state abatement scheduling also influences the degree of compliance. The methods of analysis used here provide a basis for a comprehensive analysis of the effectiveness of pollution control as an alternative to the case by case approach that is currently being used.     

INDUSTRY COMPLIANCE WITH STORM WATER POLLUTION PREVENTION REGULATIONS: THE CASE OF TRANSPORTATION INDUSTRY FACILITIES IN CALIFORNIA AND THE LOS ANGELES REGION1

ABSTRACT: Pollutants in urban storm water runoff, a significant and increasing fraction of pollutants in some waters of the U.S., originate from multiple activities. The industrial sector, one source category, is subject to federal and state-level storm water pollution prevention regulations, primarily General NPDES Permits that rely heavily on facility operators to identify themselves and develop appropriate site-specific pollutant controls. Degree of compliance is not readily determined and enforcement is inhibited because no publicly-available inventories contain data necessary to comprehensively identify facilities required to comply. This research evaluates the first stage of compliance, facility self-identification, concentrating on the motor-vehicle, transportation industry category using data at three scales: statewide, regional, and local or watershed. Data for California statewide and for the Los Angeles region show about 8 percent to 15 percent of motor-vehicle transportation facilities have complied with first-stage requirements. However, facility-specific evaluation in one Los Angeles County watershed suggests less than 50 percent of facilities in the industry conduct industrial activities of the kind covered by regulations; others need not comply. Results show strong variation by industry category. Second-stage compliance, follow-up reporting, is also evaluated for the Los Angeles region. About 17 percent to 34 percent of facilities completing first-stage requirements have also completed second-stage requirements.     

AUBURN DAM: A CASE STUDY OF WATER POLICY AND ECONOMICS1

ABSTRACT: This paper provides a critical analysis of the Bureau of Reclamation's Auburn-Folsom South project in California. While this massive $1.5 billion project is temporarily halted for redesign for earthquake hazard, it is timely to examine its justification on economic grounds. The key finding is that several major benefit categories, irrigation and recreation, have been grossly overstated. In addition, the Bureau failed entirely to estimate the cost of use on the free-flowing American River, or a probability-weighted estimate of catastrophic loss. Revised estimates indicate that the project is not economically justified. In addition, the project has unattractive distributive effects. The implications of this case study for current revisions in U.S. water policy are explored. The Auburn study basically provides support for the U.S. Water Resource Council's draft manual of procedures for evaluating federal water resource projects.     

THE COSTS OF CONFLICTING ENVIRONMENTAL POLICY: A CASE STUDY IN MILWAUKEE1

ABSTRACT: The history of the Milwaukee water pollution abatement program is examined as a case study to investigate the costs of conflicting environmental policy. The recent U.S. Supreme Court decision concerning the Milwaukee case is described as a milestone in U.S. water pollution abatement policy which will help preclude the type of environmental policy conflict which has been found to be so costly to Milwaukee. The implications to U.S. water pollution abatement policy of the 13-year history of conflict in Milwaukee are presented.     

SITING OF A WATER POLLUTION CONTROL FACILITY AT JAMESTOWN,RHODE ISLAND1

ABSTRACT: The town of Jamestown, Rhode Island, located on Conanicut Island in Narragansett Bay, is constructing a secondary treatment plant in order to comply with NPDES regulations. Twelve candidate sites for the plant and marine outfall were initially proposed, and ability to meet State water quality standards at these sites was evaluated using an EPA buoyant plume model. A final outfall site, Taylor Point, was selected by the Town from among the sites considered acceptable. Taylor Point was then subjected to field hydrographic studies including drogue tracking, current recordings, and tracer dye surveys. Results of the measurement program served as input to a two-dimensional effluent dispersion model which predicted excess BOD, coliform, and suspended solids resulting from effluent discharge off Taylor Point. The model predictions demonstrated that State water quality standards can be maintained outside the initial discharge plume.     

REAUTHORIZING THE CLEAN WATER ACT: LOOKING TO TANGIBLE VALUES1

ABSTRACT: The degree of progress achieved under the 1972 Clean Water Act is reviewed by reference to traditional measures of program implementation, and to evidence of tangible, or “real-world” progress, such as beach closures, drinking water contamination, fishing bans and advisories, species health, and habitat degradation. Significant progress has been made in reducing pollution from point sources, but large point source releases of toxic and other pollutants remain. Little progress has been made in addressing runoff pollution, and in protecting aquatic habitats. Clean Water Act reauthorization should focus on pollution prevention to reduce further the release of toxics by point sources, a new program of mandatory but flexible controls on sources of runoff, and watershed protection programs to promote habitat protection and restoration. Economic factors should be considered in Clean Water Act programs, but must be balanced against scientific and governmental factors as well.     

INTERBASIN WATER TRANSFERS IN RIPARIAN STATES: A CASE STUDY OF GEORGIA1

ABSTRACT: Under the riparian doctrine of eastern states, transfers of water to nonriparian lands and, thus, to different river basins, are only possible if the natural flow theory has been modified to allow for reasonable use. Even this adaptation is too nebulous to provide water managers and water users with certainty regarding water transfers. To provide a more precise mechanism for allocating water, 14 eastern states have adopted some form of administrative permitting process. Of these, five states statutorily allow for interbasin transfers of water. Thus far, no states have successfully issued permits for interbasin water transfers but Georgia and South Carolina are positioned to do so. Whether the permitting process will deter court action may rest on the ability of affected parties to negotiate an equitable agreement.     

APPLICATION OF THE CONTINUOUS STORMWATER POLLUTION SIMULATION SYSTEM (CSPSS): PHILADELLPHIA CASE STUDY1

ABSTRACT: This paper describes the Continuous Stormwater Pollution Simulation System (CSPSS) as well as a site-specific application of CSPSS to the Philadelphia urban area and its receiving water, the Delaware Estuary. Conceptually, CSPSS simulates the quantity and quality or urban stormwater runoff, combined sewer overflow, municipal and industrial waste water effuent, and upstream flow on a continuous basis for each time step in the simulation period. In addition, receiving water dissolved oxygen, suspended solids, and lead concentrations resulting from these pollutant sources may be simulated. However, only rceiving water dissolved oxygen (DO) response is considered in this paper. The continuous Do receiving water response model was calibrated to existing conditions usinv observed data at Chester, Pennsylvnia, located on the Delaware Estuary approximately 10 miles down stream from the study area. Average annual pollutant loads to the receiving water were estimated for all major sources and receiving water quality improvements resulting from removal of various portions of these pollutant loads were estimated by application of the calibrated stimultion model. It was found that the removal of oxygen-demanding pollutants from combined sewer overflow and urban stormwater runoff would result in relatively minor improvements in the overall dissoved oxygen resources of the Delaware Estuary; whereas. removal of oxygen demanding pollutants from waste water treatment plant effluent would result in greater improvemens. The results of this investigation can be used along with appropriate economic techniques to identify the most cost-effective mix of point and nonpoint source pollution control measures.     

THE CENTRAL ARIZONA WATER CONTROL STUDY: A CASE FOR MULTIOBJECTIVE PLANNING AND PUBLIC INVOLVEMENT1

This paper describes the successful application of a multiobjective planning framework, incorporating substantial public involvement, to a major water resources decision involving intense confilcts. The study was initiated to help resolve more than a decade of controversy over a project proposed to control flooding and provide regulatory storage in the Phoenix, Arizona, area. The public was actively involved in the development of study goals and the specification of acceptable tradeoffs between multiple objectives. A wide range of structural and nonstructural alternatives was formulated and evaluated in relation to these objectives, and broad-based support was developed for a new plan. Reasons for the successful outcome are discussed, as well as implications for water resources planning under the new Federal Principles and Guidelines.     

THE PLIGHT OF THE URBAN RESERVOIR: A CASE STUDY1

ABSTRACT: This paper details the increasing tendency to overdevelop lands adjacent to public reservoirs. The impact on water quality of the pollutant load carried in surface runoff from developed lands is described as well as the depreciation in recreational experience due to loss of scenic horizons. The case study, Spruce Run Reservoir in Clinton, New Jersey, included population and demand projections. Land speculation and proposed development are evaluated on a physical constraint basis. Areas of conflict are outlined and conflict resolutions proposed.     

ALLOCATION MODEL FOR IRRIGATION WATER COST: CASE STUDY OF THE NILE VALLEY IN EGYPT1

ABSTRACT: An allocation model for irrigation water cost, based on the Use of Facilities method, is presented. The model is developed for large-scale irrigation systems which may include multipurpose reservoirs, irrigation control works, pump stations and irrigation canals of various orders. The model accounts for the water conveyance losses as well as the water gains in the irrigation canals, and their effects on irrigation cost. It is applied to the irrigation distribution system of the Nile Valley in Egypt, which contains the High Aswan Dam, 16 irrigation structures, 12 pump stations, and numerous irrigation canals. The irrigation water cost at 29 areas representing the Nile Valley is determined.     

POINT‐NONPOINT SOURCE WATER QUALITY TRADING: A CASE STUDY IN THE MINNESOTA RIVER BASIN1

ABSTRACT: Contrary to the general trend of only a few actual trades occurring within point‐nonpoint source water quality trading programs in the United States, two trading projects in the Minnesota River Basin, created under the provisions of National Pollutant Discharge Elimination System (NPDES) permits, have generated five major trades and numerous smaller ones. In this paper, these two projects are described to illustrate their origins, implementation, and results. It was found that several factors contributed to the relatively high number of trades in these projects, including the offsetting nature of the projects (hence a fixed number of credits that the point sources were required to obtain), readily available information on potential nonpoint source trading partners, and an effectively internal trading scheme used by one of the two projects. It was also found that long term structural pollution control measures, such as streambank stabilization, offered substantial cost savings over point source controls. Estimates of transaction costs showed that the total costs of the trading projects were increased by at least 35 percent after transaction costs were taken into account. Evidence also showed that in addition to pollution reduction, these two trading projects brought other benefits to the watershed, such as helping balance environmental protection and regional economic growth.     

A CASE STUDY OF SHALLOW FLOW PATHS IN A STEEP ZERO-ORDER BASIN1

ABSTRACT: Soil water potentials, slope throughflow, runoff chemistry, and isotopic composition were monitored in a 97 m² zero-order basin within the Maimai 8 watershed on the South Island of New Zealand, for a natural rain storm and two artificial water applications. Contrary to results previously reported for other portions of the Maimai catchment, much of the runoff occurred as a shallow subsurface organic layer flow. For the 47 mm natural rain event, pre-storm soil matric potential ranged from ?60 to ?150 cm H₂O. No saturation was produced within the profile, and the majority of storm runoff emanated from flow within the organic horizon perched on the mineral soil surface. Hillslope applications corroborated this interpretation by showing >90 percent new water flushing with negligible mineral soil moisture response. Although the mechanisms cited in the text are not representative of the entire catchment, the study demonstrates: (1) the value of a combined physical-chemical-isotopic approach in quantifying slope processes, and (2) the heterogeneous nature and diversity of slope runoff pathways in a relatively homogeneous catchment.     

A WATER QUALITY ASSESSMENT OF DEVELOPMENT IN THE SENEGAL RIVER BASIN1

A study was made to determine the impact on water quality due to water resource development in a large river basin in a semi-arid region of West Africa. Mathematical modeling and the examination of case histories were used to project impacts. The impacts associated with changes in water quality were shown to be slight assuming that modern basin and agricultural management practices are adopted. Analytical techniques normally implemented in studies of more highly developed basins are useful for analysis of water quality impacts in relatively undeveloped basins.     

IMPLICATIONS OF C.A.R.E. VS. SOUTHVIEW FARM ON THE U.S. LIVESTOCK AND POULTRY INDUSTRY1

ABSTRACT: On May 19, 1993, a jury in the U.S. District Court for the Western District of New York found Southview Farm and Richard H. Popp guilty of violating the Clean Water Act on five occasions. The violations were the result of storm water runoff from a site used for disposal of dairy cattle manure from an unpermitted concentrated animal feeding operation. The presiding District Court judge later dismissed the jury verdict, and subsequently a U.S. Court of Appeals for the Second Circuit reversed the dismissal. The Court of Appeals concluded that the discharges were not exempt as agricultural storm water discharges, and that the manure spreaders involved were point sources. Because the use of animal manures in crop production activities will result, unavoidably, in the discharge of some pollutants to adjacent surface waters, a rational and universally applicable basis is needed to determine when such discharges are point versus nonpoint source. Current statutes and regulations do not delineate clearly such a boundary. To address this lack of specificity, I propose that application rates be based on recommended crop nutrient needs.