Water pollution permitting (National Pollutant Discharge Elimination System” or NPDES permitting) is a core program established by the Clean Water Act and has arguably been the greatest success of the Clean Water Act, as it has brought about drastic reductions in water pollution from the most concentrated sources. The NPDES program was developed to eliminate pollution from “point sources,” which include sewage treatment plants, discharges from industrial operations, mining, stormwater runoff from many areas, and most other types of polluted water entering streams through pipes or ditches.

Anyone who discharges from a “point source” must get an NPDES permit that specifies terms under which the discharge is allowed. These terms include specific limits on the amount of pollution that is allowed, and they must assure that the discharge will not violate water quality standards or any other provision of the CWA.

However, according to Illinois Environmental Protection Agency’s (IEPA’s) report on the state’s water quality, more than a third of the impaired waters in the state are impaired due, at least in part, to point sources. When properly implemented and enforced, the NPDES program will prohibit these sources from contributing to impairments, but your participation is needed. In many cases, citizens provide important information to IEPA that is used to strengthen permits and ensure that their waters are safe for children to play and safe for fish and other aquatic life.

All permits that are issued, must be made available for the public to provide comments. Written comments are accepted and addressed, and a public hearing may be held if citizens request. The comment period is typically only 30 days, so you must act fast. To find out if any permits are proposed in your watershed check the public notices issued by IEPA, ask IEPA to add your name to its mailing list.

Permitting an End to Pollution

The Permitting an End to Pollution handbook, produced by Prairie Rivers Network, River Network, and Clean Water Network, offers much more detail on effective participation in the water pollution control permit (NPDES) program. NPDES (National Pollutant Discharge Elimination System) permits are required of almost anyone who would like to dump pollution into any water in the country. There are likely several such “dischargers” in your watershed, who must get an NPDES permit and must renew that permit at least every five years.

There are excellent regulations requiring that NPDES permits only allow minimal pollution that does not make the streams harmful or unattractive for the people, fish, and wildlife that use the stream. However, your participation will be instrumental in ensuring that these regulations achieve their purposes.

To make the best use of this handbook, you will want to begin by: finding out what dischargers are currently under an NPDES permit in your watershed (see the Watershed Assessment guidance in this handbook), determining potential problems associated with these discharges, finding out when those permits are due to expire, and watching for notices that any new or renewed permit is available for public comment.

The handbook will then offer excellent instruction on how to use applicable regulations to ensure that the new or renewed permit guarantees that the streams of your watershed are protected.

For guidance reviewing permits and developing comments, please see the publication Permitting an End to Pollution, which you can download here:

Introduction
Chapter 1
Chapter 2 Part 1, Chapter 2 Part 2
Chapter 3
Chapter 4
Appendices
Costs for Analytical Procedures

Contact Prairie Rivers Network if you are interested in attending a training course for advocates on reviewing permits, contact Prairie Rivers Network.

For information on a variety of NPDES permitting issues, check USEPA’s NPDES webpages.

CWA’s Antidegradation Policy for Use When Reviewing NPDES Permits

The purpose of the Clean Water Acts’ antidegradation policy is to protect existing uses of all waters and maintain the quality of waters with higher quality than the minimum water quality standards. In February 2002, Illinois adopted a comprehensive set of regulations (especially section 302.105) establishing its antidegradation policy. The following is a very simple summary of these regulations designed to assist citizens reviewing NPDES permits.

Existing Uses

ALL existing uses attained on or after November 28, 1975, must be maintained. Such uses might include any recreational use, water supply use, or use by particular aquatic life.

Outstanding Resource Waters

An Outstanding Resource Water (ORW) is a water of “exceptional ecological or recreational significance” that is designated as such by the Illinois Pollution Control Board (IPCB). ORWs must not be lowered in quality (a few exceptions are described in regulations). Citizens may submit a petition to designate a water as ORW. Illinois has not yet designated any waters as ORW.

High Quality Waters

Waters that are cleaner than required by the water quality standards must be maintained at high quality unless lowering the quality is necessary to accommodate important economic or social development.

Before Illinois EPA (IEPA) allows increased pollution into any high quality water, through the NPDES program, 401 certification, or other means, it must conduct an antidegradation assessment. The few activities that are not subject to this review are described in the regulations.

Antidegradation Assessments

Permit applications must include information for IEPA’s use in making the assessment. This information includes, among other things:

  • The purpose and anticipated benefits of the proposed activities.
  • An assessment of alternatives to the proposed discharge that would result in less environmental degradation; these may include additional treatment, discharge to a different location, and changing activities to produce less pollution.

IEPA must use this information to complete an antidegradation assessment. Before issuing the permit, IEPA must assure that:

  • All water quality standards will be met and all existing uses will be fully protected.
  • All reasonable measures to avoid or minimize the increased pollution will be taken.
  • The activity that causes the increased pollution will benefit the community at large.