ENFORCEMENT LIMITATIONS IN WATER QUALITY CONTROL1

Abstract

ABSTRACTThe Federal role in the enforcement of water quality requirements is of recent development. It began with the enactment in 1956 of the Federal Water Pollution Control Act as permanent law. It has been expanded by successive amendments to the Act to cover the pollution of navigable as well as interstate waters which endangers the health or welfare of persons, and to cover violations of water quality standards established for interstate waters. Two different enforcement procedures are prescribed in the law to be followed in the two types of enforcement actions. While questions have arisen of jurisdiction, States' rights, and disregard or duplication of local efforts, such questions do not lastingly impede the exercise of Federal enforcement authority and are of value in establishing a body of precedents. Limitations have their basis in the statutory distinctions between interstate and intrastate pollution which govern the application of the enforcement authority, even though a case of intrastate pollution may be as serious or more serious than a case of interstate pollution. An additional limitation results from the statutory time intervals between procedural stages in an action. Lack of data is a limitation but can always be overcome and at most causes delay. State laws which protect the confidentiality of required reports are more of a limitation. Investigative teams may obtain the needed information, however, for consideration in public meetings. Public support for effective water quality control measures, especially enforcement, and for the expenditures needed to enhance the environment, is widespread. Such support may be instrumental in modifying or eliminating existing statutory limitations.