Natural Resources Conservation Laws
97
Chapter 5: State Water Quality and Management Laws
ost state legislatures enacted the water quality control laws with the policy of
requiring the state's water resources to be used cautiously for the maximum
benefit of the people, to restore and maintain a reasonable degree of purity in state
water and an adequate supply of such water. To effectuate this policy, these state
laws require the state government to establish a water quality control program and
designate an agency to implement and enforce their state laws. For example,
Georgia designates the Environmental Protection Division of the Department of
Natural Resources, and Oregon names its Department of Agriculture to be the
authoritative agency.
Permits are generally required for regulated activities. For example, Georgia
requires permits for—
◊ construction of facilities that discharge pollutants into water and discharge
of dredged or fill materials; and
◊ withdrawal, diversion, or impoundment of surface water.
Iowa water quality law requires permits for—
◊
the construction, installation, or modification of any disposal system or
public water supply system, or any part, extension or addition to such
system (except sewer extensions and water supply distribution system
extensions because they are subject to review and approval by a city or
county public works department);
◊
the construction or use of any new point source for the discharge of any
pollutant into any water of Iowa;
◊
the operation of any waste disposal system or public water supply system
or any part of or extension or addition to the system.
Moreover, there are exemptions from the permit requirement.
Before adopting or amending water quality standards, the authoritative agencies of
all states are required to hold public hearings and consult with appropriate agencies.
Furthermore, to effectuate the state policy, state laws impose monetary or prison
term, or both, penalties on those who violate any provision of the water quality
laws or any promulgate