Clean water is vital for people and nature to thrive. In 1972, the Clean Water Act was passed, enacting regulations that have been instrumental in keeping our waterways safe and healthy. But creating a law to protect our water was surprisingly difficult, with some sources of pollution still being exempt. These surprising pollutants aren’t regulated the same way as oil spills and chemical dumping, continuing to find their way into our water.
ORIGINS OF THE CLEAN WATER ACT
Following the end of World War II, the United States was going through a post-war boom under President Truman. Rapid economic development led to widespread industrial waste dumping and urban growth, massively increasing pollution of our nation’s waters. To address this issue, more than 100 federal bills were introduced. However, most didn’t pass, and others failed to address the causes of pollution. Finally, in 1948, Congress created a framework to protect water quality with the Federal Water Pollution Control Act.
Unfortunately, the law did little to curtail pollution. Under the law, the federal government lacked authority to stop pollution in almost all cases, relying instead on the states to implement the law. The law allowed the federal government to create grants to provide technical advice for state governments to decrease water pollution, but unfortunately, most states ignored it. Pollution continued to increase despite the passage of the act.
PASSAGE OF THE CLEAN WATER ACT
By the 1970’s it had become clear that the 1948 law was insufficient to protect the nation’s water quality. So, Senator Edmund Muskie of Maine introduced a bill to overhaul the law. The proposed changes passed in both the Senate and the House, but President Nixon vetoed the bill, despite urging from his administration. The Senate overruled the veto, and the modern version of the Clean Water Act became law. There have been some additions and amendments since then, but the 1972 Clean Water Act remains the turning point for controlling water pollution across our nation.
POLLUTION TYPES
The Clean Water Act regulates two types of pollution: point source and non-point source. Point source pollution refers to “any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship, or factory smokestack.”
In other words, there’s a single point (the end of a pipe or smokestack) where the pollutant is released into the environment. Point source pollution still happens every day, but polluters must get a permit from the EPA, which regulates how much they can emit. Generally, point sources can be contained, measured, and treated with the latest technology to mitigate the effects of pollution. Point source pollution is usually considered the worse of the two, and the Clean Water Act has mostly succeeded in controlling it. We no longer have obscene amounts of toxic sludge, spent motor oil, human waste, and other hazardous materials being dumped directly into our waterways.
Non-point source pollution refers to sources that don’t meet the definition of point source. A common example is a farmer’s field covered in fertilizer, which can run off into streams and rivers during heavy rain. Since the fertilizer is spread across the entire field and doesn’t go through a pipe, it’s considered non-point source pollution. The EPA regulates both point source and non-point source pollution under the Clean Water Act. But non-point source pollutants are harder to control, and we still have widespread issues with fertilizer, pesticides, and the most common pollutant—soil.
CLEAN WATER ACT EXEMPTIONS
The Clean Water Act was passed with what is sometimes called the “normal farming” exemption—farming, ranching, and forestry operations that result in the discharge of pollutants. Some examples of EPA-approved exempt activities include plowing, cultivating, harvesting, planting, and drainage. 
These exemptions help reduce the regulatory burden on farmers who grow crops like rice, which is produced in flooded fields. Another common exempt origin of non-point source pollution is plowing of fields to prepare them for planting, as the topsoil erodes away before the field is replanted. This issue is one of several reasons for the increasing popularity of no-till agriculture.
FORESTRY EXEMPTIONS
The U.S. is one of the most heavily forested regions in the world and produces more paper, pulp, lumber, and engineered forest products (like plywood) than almost anywhere else on Earth. And those operations are exempt from the Clean Water Act. When forests are harvested, soil held in place by the tree’s roots can run off into nearby water bodies. Soil is the most common pollutant found in rivers, lakes, streams, and reservoirs. And while there’s a natural level of erosion that results in some soil entering our waterways, the effects of too much soil in the water can be devastating. Excess sediment in streams can lead to:
- increased flooding
- decreased visibility for animals
- decreased aquatic vegetation growth
- habitat damage
- damaged gills in fish
- increased water nutrient levels (similar to excess fertilizer in water)
- altered water courses
BEST MANAGEMENT PRACTICES
Foresters have developed best management practices (BMPs) strategies in each state to reduce their industry’s sediment contributions in waterways. Though these practices have been largely
successful in protecting water quality, they tend to fall short in one area: pollution from forest roads.
Thanks to BMPs that reduce erosion on the forest floor, forest roads are responsible for the overwhelming majority of pollution from forestry operations. And although there are BMPs in many states that include guidelines for constructing and maintaining roads, these practices are not always followed. They’ve also proven less effective at controlling erosion on road surfaces than on the forest floor. Pollution caused by runoff from forest roads is so bad that, in 2013, the Supreme Court heard a case from Oregon in which forest roads were impacting salmon and trout populations. The Court decided against increasing regulation on the forestry industry, leaving the EPA in charge of how to enforce the law.
IMPROVING FOREST ROADS
While it’s easy to blame loggers who have historically caused major environmental issues, most loggers will go out of their way to reduce road erosion. For one thing, eroded and washed-out roads make for challenging haul routes for their wares and can cause damage to their vehicles and equipment. But even national parks that don’t allow logging have erosion control problems on their roads and trails. All forest landowners would be well-advised to talk to a forester about reducing erosion on their roads and trails. Water control measures like water bars are an inexpensive way to reduce erosion, and stream crossings or culverts should be checked regularly for blockages and flow diversion.
PROTECTING AND IMPROVING WATER QUALITY
Forests are our most important resource when it comes to clean water. Healthy forests don’t just keep soil in place; they also help surface water penetrate into the soil, where it becomes groundwater that refills aquifers. By increasing water infiltration, forests prevent floods, lessen the effects of droughts, and filter contaminants from water. The more forest surrounds a lake, river, or stream and its watershed, the cleaner the water will be.
If you’re wondering what you can do to help keep our waters clean, conservation easements are one indirect resource to help ensure we continue to have clean water. These voluntary, legal agreements allow landowners to protect their forests that help provide us with clean water. By restricting the construction of new roads and clearing of forests, conservation easements indirectly contribute to cleaner streams, rivers, and lakes while protecting and preserving biodiversity.
Click here to learn more about TennGreen conservation easements.