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3. How To Identify And Respond To
A Water Pollution Problem
Periodically, people may become
concerned that pollution of a river,
stream, lake, or ocean is occurring. This
concern may be caused by the sight of
an oil sheen on the surface of a river,
stream, or lake. It might be caused by
their observing a discoloration of the
water in a stream or a pipe discharging
apparently noxious liquids into a water
body. Concern might also arise because
an unusual odor is emanating from a
body of water, or a bulldozer is seen
filling in a marsh or wetland.
While some water pollution is an
unfortunate consequence of modern
industrial life, there are national, state
and local laws that limit the amount
and kinds of water pollution allowed,
and in some cases these laws
completely prohibit certain types of
water pollution. Sometimes it will be
easy for a citizen to identify water
pollution that is a violation of the law,
and sometimes it will be difficult to
identify the water pollution problem
without sophisticated equipment.
Here are a few general types of water
pollution problems a citizen might
observe:
Rivers and Lakes - A citizen might
observe wastewater flowing out of a
pipe directly into a stream, river, lake,
or even an ocean. Persons are only
allowed to discharge wastewater into a
water body if they have received a
National Pollutant Discharge
Elimination System ("NPDES") permit
and they are complying with the
requirements of that permit. NPDES
permits limit the amount of pollutants
which persons are allowed to discharge.
Unfortunately, it is often difficult to tell
with the naked eye if a person is
complying with the terms of a NPDES
permit. However, some reliable
indicators of violations are a discharge
that leaves visible oil or grease on the
water, a discharge that has a distinct
color or odor, or one that contains a lot
of foam and solids. Further, if there are
dead fish in the vicinity of the
discharge, this is a strong indicator of a
water pollution violation.
Citizens should be aware that all
persons who discharge wastewater to
U.S. waters must report their discharges.
These monthly reports (commonly
called Discharge Monitoring Reports, or
"DMRs") indicate the amount of
pollutants being discharged and
whether the discharger has complied
with its permit during the course of the
month. These reports (DMRs) are
available to the public through state
environmental offices or EPA regional
offices.
Wetlands or Marshes - Under the
Federal Clean Water Act, persons are
only allowed to fill wetlands
(commonly known as marshes or
swamps) pursuant to the terms of a
special discharge permit, commonly
called a Section 404 permit. "Filling a
wetland" generally means that a person
is placing fill or dredge material (like
dirt or concrete) into the wetland in
order to dry it out so that something can
be built on the wetland. The Section
404 wetlands program is jointly
administered by the U.S. Army Corps of
Engineers and EPA. In general, the
United States is committed to
preserving its wetlands (sometimes
called the "no-net loss" program)
because of the valuable role wetlands
play in our environment. In brief,
wetlands provide a habitat for many
forms of fish, wildlife, and migratory
birds; they help control flooding and
erosion; and they filter out harmful
chemicals that might otherwise enter
nearby water bodies.
in general, there is usually no way to
know if a wetland is being filled legally
or illegally without knowing whether
the person has a Section 404 permit and
knowing the terms of that permit.
However, if you notice fill activity going
on in a suspicious manner, e.g., late at
night, this may suggest that the wetland
is being filled illegally." If you see a
wetland being filled and are curious
whether there is a permit authorizing
such filling, you may call the local
Army Corps of Engineers' office or the
EPA regional office in your state. If
possible, you should tell the Army
Corps or EPA the location of the
wetland being filled, what kind of
filling activity you noticed, and who is
doing the filling.
Drinking Water - The Nation's
drinking water is protected through the
Federal Safe Drinking Water Act. Under
this law, suppliers of drinking water are
required to ensure that their water
complies with federal standards (known
as maximum contaminant levels, or
"MCLs") for various pollutants and
chemicals, such as coliform bacteria. If
drinking water suppliers exceed a
federal standard, they are required to
immediately notify their users and
implement measures to correct the
problem. While you may not be able to
tell if your drinking water is meeting all
federal standards without testing
equipment, if you notice any unusual
smell, taste, or color in your water, you
should immediately notify the person
who supplies your water and the
appropriate state agency.
In many of the circumstances when
citizens become aware of a water
pollution problem, there are actions that
they can take to begin the process of
correcting the problem and forcing the
violator to comply with the law. The
first step is always to make careful
observations of the pollution event that
you are observing. It is best to make a
written record of the time and place of
the sighting. As many details as possible
should be recorded concerning the
nature of the pollution, for instance its
color, smell, location, and its "oiliness".
It is extremely important, if possible;
that the source of the pollution be
identified, including the name and
address of the perpetrator. If the
pollution is visible and you have a
camera, you may take a picture. If
possible, you may want a friend,
neighbor, or family member to confirm
your observations.
Once you have carefully observed the
problem and written down your
observations, you should call the
appropriate local or state authorities to
inform them of your observations. Look
in your local telephone book in the
government pages for the county or city
office that might handle the problem.
Typically, such offices will be listed as
environmental, public health, public
works, or water pollution agencies. If
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4. Air Pollution
you cannot find a county or city office,
look for a state government
environmental office.
As the next step, a determination
must be made as to the legality of the
discharge. If the discharge is, in fact,
illegal, the perpetrator must be
confronted, the discharging of pollutants
or the filling of the wetland must be
halted, and, if feasible, the
environmental damage caused by the
perpetrator's actions must be corrected.
Confrontation of the polluter is most
practically achieved by contacting the
local, state, or federal environmental
protection agency. In general, the state
environmental agency is responsible for
making a preliminary assessment of the
legality of the pollution event observed,
for investigating the event, and, if
necessary, for initiating an enforcement
action to bring the polluter into
compliance with the law. The citizen
may also contact the U.S. EPA regional
office that covers your state for
assistance. A listing of all the U.S. EPA
regional offices, with telephone
numbers, is listed at the end of this
booklet.
If the pollution problem persists and
the local, state, and regional U.S. EP{\
offices appear unwilling or unable to
help, you may contact U.S. EPA
headquarters in Washington, D.C.
Lastly, if you do not believe the
federal, state, or local governments have
adequately responded to the pollution
problem, and you believe the pollution
is illegal and appears to be continuing,
you may have certain individual rights
under the citizen suit provisions of the
various federal environmental laws that
you can assert to remedy the pollution
problem yourself. The Federal Clean
Water Act provides that a citizen
adversely affected by water pollution
may bring a lawsuit on behalf of the
United States to correct the problem. If
you want to do this, you will probably
need a lawyer to make an assessment of
the illegality of the pollution event and
your chances of succeeding in a lawsuit.
There are a number of public interest
organizations who can be contacted that
are in the business of bringing this kind
of lawsuit. (A listing of national and
state environmental groups is contained
in the Conservation Directory, 1987,
32nd Edition, published by the National
Wildlife Federation, Washington, D.C.)
If you win such a lawsuit, the polluter
will likely be required to correct the
problem causing the pollution, pay
penalties to the United States for
violating the law, and pay your
attorney's fees.
Finally, if you have obtained
"insider" information that water
pollution is occurring, the Clean Water
Act protects you from recrimination if
the polluter is your employer. Your
employer may not fire you or otherwise
discriminate against you based on your
"blowing the whistle."
To repeat, there are two ways to
proceed if you suspect that water
pollution is occurring: either contact
your state EPA or the U.S. EPA to
disclose your information and/or initiate
your own citizen's lawsuit.
Smoke or Odor - There are several air
pollution situations a citizen might
observe. You might observe visible
emissions of air pollutants, such as
black clouds of smoke, coming from a
source such as a factory or power plant.
You might also notice a discharge of air
pollution because you can smell a
strong odor. In either of these situations,
these discharges may or may not be a
violation of the Clean Air Act.
The Clean Air Act does allow some
pollution discharges. The goal of the
Clean Air Act is to keep the overall
concentration of the major air pollutants
at a level that will protect the public
health. States then decide how they are
going to meet these air pollution goals.
A state may decide not to regulate a
particular category of air pollution
sources at all and to concentrate its
efforts elsewhere in meeting its goals.
Regulated sources may have permits
from the state al/owing them to
discharge a certain level of pollution.
The best course of action for a citizen
to take in these two situations is first to
try to determine the exact source of the
pollution. If it is a visible discharge,
take a photograph. Also, note the exact
time, day and location you observe the
pollution.
Then notify your local or state air
pollution or environmental agency of
your observations. They should be able
to determine if the source you observed
is regulated, and if so, whether the
discharge of pollution you observed is
legal. EPA usually defers to the state for
enforcement. Only in limited,
appropriate circumstances does EPA
intervene to take enforcement action.
However, if you have difficulty in
getting a response from your state or
local agency, contact the nearest
regional office of EPA and report your
observations.
Asbestos - Another situation a citizen
might encounter involves construction
work. Many old buildings contain the
hazardous material, asbestos. Asbestos
is extremely harmful to human health if
inhaled or ingested. When buildings
containing asbestos are renovated or
demolished, the asbestos is broken up
and can become airborne and, therefore,
a health hazard.
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5. Hazardous Waste
EPA regulations require all parties
associated with renovations and
demolitions involving asbestos to notify
EPA of the work and follow certain
work practice requirements aimed at
eliminating or at least minimizing the
amount of airborne asbestos. These
requirements largely consist of wetting
the asbestos at all stages of the process
so that it does not become airborne. The
regulations also require the asbestos to
be stored and disposed of in a particular
manner.
There are several ways a citizen might
help identify a violation of the asbestos
regulations. If you pass a construction
site, you may notice large amounts of
white dust coming from the site or
scattered around the site. These could
be violations if the debris in question
contains asbestos. One way a citizen
could verify that asbestos is involved is
looking for a brand-name label stamped
on insulation that is still intact.
Otherwise, trained inspectors will have
to take samples and laboratory analysis
of the debris must be done to verify that
it contains asbestos.
The most effective action to take is to
notify the nearest EPA regional office
about the site. EPA personnel can then
check their records to see if they have
received notice of the demolition or
renovation, and can do an inspection if
it seems likely that asbestos is involved.
Auto Warranties - The Clean Air Act
requires that motor vehicles sold in the
United States meet prescribed emissions
standards. In order to ensure that
vehicle emissions remain low for the
useful life of the vehicle, manufacturers
are required to provide broad emission
warranty coverage for vehicles that are
less than five years old and have been
operated for less than 50,000 miles. This
warranty applies to defects in any part
whose primary purpose is to control
emissions, such as the catalytic
converter, and in any part that has an
effect on emissions, such as the
carburetor (except parts that have
normal replacement intervals, such as
spark plugs). Manufacturers must make
emissions warranty repairs free of
charge for any labor or parts. If you
believe you are entitled to an emissions
warranty repair, contact the person
identified by the manufacturer in your
owner's manual or warranty booklet.
If you are* not satisfied with the
manufacturer's response to your
emissions warranty claim, you may
contact EPA for assistance by writing:
Field Operations and Support Division
(EN-397F), U.S. Environmental
Protection Agency, Washington, D.C.
20460.
Removing Emission Control Devices -
The Clean Air Act also seeks to prevent
automotive pollution by prohibiting the
removal or rendering inoperative of
emission-control devices by new and
used car dealers, repair shops and fleet
operators. In addition, gasoline retailers
are prohibited from introducing leaded
gasoline into motor vehicles which
require unleaded gasoline, and gasoline
that is sold as unleaded must not
contain excess lead or alcohol. If you
know of a violation of the
anti-tampering or motor vehicle fuel
rules, please contact EPA by writing to
the address listed above.
The Clean Air Act also has a
provision allowing citizens to sue any
person alleged to be in violation of an
emission standard under the Clean Air
Act (42 U.S.C. section 7604).
Abandoned Sites, Barrels, etc.
When citizens see leaking barrels, (or
barrels that look like they might leak),
pits or lagoons on abandoned property,
they should avoid contact with the
materials, but note as thoroughly as
possible their number, size, and
condition (e.g., corroded, open, cracked)
and the material leaking (e.g., color,
texture, odor), and report these to the
local fire department or the hazardous
waste hotline (800-424-8802 or
202-267-2675).
If possible, take a photograph of the
area, but do not get too close to the
materials. If the substances are
hazardous, the statute most likely
involved is the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA or the
Superfund law), and EPA or the state
should take the lead. Under CERCLA,
citizens have the opportunity to, and are
encouraged to, involve themselves in
the community relations program which
includes citizen participation in the
selection of a remedial action.
A citizen may file suit against any
person, including the United States,
who is alleged to be in violation of any
standard, regulation, condition,
requirement or order that has become
effective under CERCLA provided that
the citizen gives the violator, EPA, and
the state sixty days' notice of the intent
to sue. A citizen suit cannot be brought,
however, if the United States is
diligently prosecuting an action under
CERCLA.
Hazardous Waste Facilities
When citizens encounter leaks,
discharges or other suspect emissions
from a hazardous waste treatment,
storage or disposal (TSD) facility, they
should contact their state hazardous
waste office or the local EPA Regional
office to determine if the facility has a
Resource Conservation and Recovery
Act (RCRA) permit or has been granted
interim status to operate while it applies
for a RCRA permit. Any citizen may
obtain copies of a TSD facility's permit
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7. For Further Information
State and local governments have
responsibility for enforcing most
environmental laws in the area where
you live. You can locate them through
your telephone directory. In most
communities, the responsible agency is
the city or county health department. At
the state level, there is usually an
environmental agency that carries out
the pollution-control laws, while an
agriculture agency often handles
regulation of pesticides.
EPA operates primarily through ten
regional offices, which will help answer
your questions if your state or local
agencies have been unable to do so.
Each region has a staff specializing in
each of the environmental programs
discussed in this publication. To locate
a person who can help you, call the
public affairs office in your EPA
regional office.
These offices and the states they cover
are:
Region 1: Boston (617) 835-3424
Region 2: New York City (212) 264-2515
Region 3: Philadelphia (215) 597-9370
Region 4: Atlanta (404) 257-3004
Region 5: Chicago (312) 353-2073
Region 6: Dallas (214) 255-2200
Region 7: Kansas City (913 757-2803
Region 8: Denver (303) 564-7666
Region 9: San Francisco
(415) 484-1050
Region 10: Seattle (206) 399-1466
CT, MA, ME, NH, RI, VT
"NY.NJ, PR, VI
DE, DC, MD, PA, VA
AL, FL, GA, KY, MS,
NC, SC, TN
IL, IN, MI, MN,
OH, WI
AR, LA, NM, OK, TX
IA, KS, MO, NE
CO, MT, ND, SD,
UT, WY
CA, HI, NV,
Guam, American Samoa
AK, ID, OR, WA
4 U.S. Government Printing Office: 1990-721-182
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