The primary objective of the Clean Water Act (CWA) is to restore and maintain the chemical, physical and biological integrity of the nation's waters. To achieve this goal, the CWA prohibits the discharge of pollutants from point sources (any single identifiable source of pollution, e.g., a pipe, ditch, ship, etc.) to waters of the United States without a National Pollutant Discharge Elimination System (NPDES) permit.

The U.S. EPA or the approved state environmental control agency has responsibility for administering NPDES permits. Permits are issued to operators discharging any pollutant (including wastewater effluent or discharge) from point sources, including municipal sewage treatment plants, to surface waters (for example, streams, lakes, wetlands, etc.). A municipal sewage treatment plant is a system, owned by a state or municipality, used in the treatment of liquid municipal sewage or liquid industrial wastes. NPDES permits contain both technology-based and water quality-based effluent limitations. Technology-based limitations are established according to the treatment technology capabilities of individual industrial sectors, or source categories. Water quality-based limitations depend more upon the cleanliness of the waters into which the effluent is discharged.

Specific terms and conditions of a permit vary from facility to facility, but each state that is authorized to administer the NPDES program must at least meet minimum EPA standards. Permit requirements within a given state may also vary because of different hydrological conditions, different uses of the receiving water, and other local factors at the discharge site.

Do the NPDES Permit Regulations Apply to Your Community?

An NPDES permit is required whenever a facility discharges pollutants directly into a body of water. If your community owns or operates a municipal sewage treatment plant, then it must be permitted and operated in compliance with its permit provisions.

Actions Your Community Should Be Taking

You should maximize community awareness and education concerning wastewater collection and disposal, available wastewater treatment alternatives, and funding sources. Numerous technical and administrative resources are available at little or no cost to the community to help assure compliance with the NPDES requirements. Information and technical training assistance are available to small communities through the National Small Flows Clearinghouse and The National Environmental Training Center for Small Communities (see Additional Information at the end of this section). Your state agency may be able to provide additional information.

Communities should be aware that penalties of up to $25,000 per day for a negligent violation and up to $50,000 per day for a knowing violation can be assessed for first-time violations of the Clean Water Act. The Clean Water Act also allows for citizens to independently enforce its requirements in federal court by filing an action under the authority of the citizen suit provisions.

Additional Information

The NPDES requirements are published in Title 40 Code of Federal Regulations, Parts 122, 123, 124 and 125.

"It's Your Choice - A Guidebook for Local Officials on Small Community Wastewater Management Options," EPA National Small Flows Clearinghouse, 1/800/624-8301.

Small Wastewater Systems - Alternative Systems for Small Communities and Rural Areas, EPA National Small Flows Clearinghouse, 1/800/624-8301.

(See Resource Section for wastewater contacts)