TM 5-814-8
CHAPTER 4
WASTEWATER DISCHARGE REGULATIONS
4-1. Army Regulations
major projects of Federal agencies and all State
or local projects funded or regulated by a Federal
The Department of the Army has prescribed
agency. The E I S is required to address all the
general policy on environmental protection in the
following considerations:
form of AR 200-1 and AR 200-2. The policy
(a) Potential environmental impacts of the
contained in these documents or their successors
proposed action.
is the governing regulation for Army facilities.
(b) Any unavoidable adverse environmental
Any conflict between these regulations and this
effects resulting from implementation of the pro-
chapter are inadvertent. In all cases, AR 200-1
posed action.
and AR 200-2 take precedence.
(c) Alternatives to the proposed action.
4-2. Legislation
(d) Irreversible and irretrievable resource
commitments associated with implementation of
a. Historical perspective. The decade of the
the proposed action.
1970's saw the enactment and implementation of
(e) Local short-term use of the environment
a variety of legislation designed to protect the
as compared to the preservation of long-term
environment and to regulate the disposal of waste
productivity.
materials. While some legislation was enacted
(2) Public participation. By requiring the pub-
prior to the 1970's, the statutes were generally
lication of an EIS for public comment prior to
cumbersome in the delegation of authority for
enforcement of standards. In addition to the
c o m m e n c e m e n t of any action on applicable
passage of several significant pieces of Federal
projects, NEPA established the means for public
legislation in this decade, the formation of the
participation and, therefore, promoted the field of
U.S. Environmental Protection Agency (U.S.
environmental law through citizen's suits and
EPA) in December, 1970, created, for the first
other types of litigation. Another provision of
time, a single Federal agency responsible for all
NEPA established the Council on Environmental
aspects of environmental control including:
Quality (CEQ) to advise the President on environ-
--air pollution.
mental matters, to review Environmental Impact
--water pollution.
Statements, and to prepare an Environmental
--solid and hazardous wastes.
Quality Report assessing the status and condition
.
--pesticides.
of the air, aquatic, and terrestrial environments.
--radiation.
c. F e d e r a l W a t e r P o l l u t i o n C o n t r o l A c t
--noise.
This chapter will be limited to the major pieces of
Act of 1972, PL 92-500, provided a comprehen-
legislation and the resulting regulations affecting
sive revision of prior water pollution control
water pollution control.
legislation. This Act superseded the original Fed-
b. National Environmental Policy Act (NEPA).
eral Water Pollution Control Act passed in 1956,
The enactment of the National Environmental
and its amendments prior to 1972 including the
Policy Act (NE PA) of 1969 established protection
Water Quality Act of 1965, the Clean Water
of the environment as a national goal. Although
Restoration Act of 1966, and the Water Quality
NEPA is a short piece of legislation whose
Improvement Act of 1970. The Clean Water Act
declared purpose is to establish a national policy
of 1977 further amended PL 92500 which subse-
to encourage productive and enjoyable harmony
quently is commonly referred to as the Clean
between man and the environment; the Act did
Water Act.
contain "action-forcing" provisions for the prepa-
ration and evaluation of environmental impact
(1) Legislative requirements. The Federal Wa-
statements. AR 200-2 prescribes the Department
ter Pollution Control act established national
of the Army policy with regard to the implemen-
goals for elimination of all pollutant discharges
tation of NEPA.
by 1985 and called for attainment of interim
(1) Environmental Impact Statement. A ma-
water quality standards to provide "fishable and
jor provision of NEPA was the requirement of
swimmable" waters by July 1, 1983. This legisla-
Environmental Impact Statements (E IS) for all
tion also established requirements for:
4-1
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