Managing Facilities, Due Diligence and Facility Transfers
77
regulatory basis for defining and enforcing treatment controls and
strategies beyond the national standards based on technology (discussed
infra).
All dischargers must apply a minimum level of water pollution
control technology, regardless of which water body receives their effluent
discharge. These are termed "technology-based limits." Dischargers in
selected locations must go further, applying additional pollution
controls to ensure that their discharges do not cause violations of the
water quality standards set for that receiving body. These are termed
"water quality-limited requirements."
States designate uses for all water body segments (i.e., public water
supplies, agricultural and industrial uses, protection and propagation of
shellfish, fish and wildlife, and recreation), and then set criteria
necessary to protect these uses.
33 U.S.C. § 1312(a). Consequently, the
water quality standards developed for particular water segments are based
on their designated use and vary depending on such use (e.g., recre-
ational waters are subject to more stringent standards than industrial
waters).
In addition, each state identifies areas failing to meet water quality
standards, and then establishes maximum daily pollutant loads that will
achieve the applicable standards. 33 U.S.C. § 1313(d). The states are
also responsible for periodic review and modification of water quality
standards. All water quality standards proposed by a state must be
approved by EPA.
33 U.S.C. sec 1313 (a)(1). Certain states have set
water quality standards that are more stringent than the federal
guidelines.
CWA § 402;
see
33 U.S.C. § 1342 (1972) empowers the Director
of EPA to "issue a permit for the discharge of any pollutant, or
combination of pollutants as the Administrator determines are
necessary to carry out the provisions of this act." The discharge of any
pollutants directly into waters of the United States from a new or existing
point source is prohibited unless the point source has an NPDES permit. 33
U.S.C.
§ 1342(a)(1).
Pollutants that industries discharge indirectly into U.S. waters
through POTWs constitute indirect point source discharges, and do not
require NPDES permits; however, indirect sources are regulated under
separate state or local programs that involve compliance with general
pretreatment standards. Certain industries, whether they contribute
through direct or indirect sources, must also comply with specific
 |  |  |