Federal Water Pollution Control
Enforcement Activities
MURRAY STEIN, Assistant Chief
Division of Water Supply and Pollution Control
Public Health Service
Department of Health, Education and Welfare
Washington, D.C.
The Federal Water Pollution Control Act comprehensively defines the federal
role and responsibility in the protection and conservation of the quality of the nation's water supplies for all legitimate uses. The Act's provisions authorize the
conduct and administration of various programs designed to enlist voluntary action
and cooperation in the achievement of its important purposes to prevent and control water pollution. These programs include furnishing technical and financial
assistance, developing comprehensive programs for water pollution control, and
applying the potentialities of research to the discovery of solutions to water pollution control problems.
The provision of authority to abate pollution of interstate or navigable waters
which endangers the health or welfare of any persons is fuUy consistent with these
other programs. It may be readily appreciated that the availability of federal enforcement measures is sufficient in itself in many instances to induce compliance
with state program requirements.
Where necessary, however, to abate pollution, the Act requires that the federal enforcement authority be appUed and specifies the procedures for its application. This mandatory aspect serves to emphasize the serious regard which the
Act attaches to its enforcement provisions. It directs the institution of federal
enforcement action to abate interstate pollution at the request of a governor, or a
state water pollution control agency, or a municipality in whose request the former
two concur. Enforcement action must similarly be taken in interstate pollution
situations upon federal initiative, without request, on the basis of surveys, studies,
and reports which indicate that such pollution is occurring. In intrastate pollution
matters, the request of a governor is necessary. Here a degree of discretion is afforded as to the commitment of federal resources if the pollutional interference
with legitimate water use is not of sufficient significance.
Federal enforcement procedures consist of three stages --a conference; a
public hearing; a court action. Each successive stage is resorted to only when the
preceding measure is unavailing. The conference brings together the representatives of the states or states concerned and the federal government to assess the pollution situation, determine the nature of delays in securing abatement, and agree
upon required remedial measures to be implemented under state authorities.
The second stage, the public hearing, ensues if effective progress does not
result after the conference. The public hearing is directed to the specific polluters
and is a more formal technique adhering to accepted rules of administrative procedure. Sworn testimony is taken by a hearing board which makes findings and
recommendations upon the evidence presented before it. The findings and recommendations, together with a notice specifying a reasonable time to secure abatement, are sent to the polluters.
The third stage, court action, is requested to be instituted by the Attorney
General upon failure to comply with the notice and the hearing board's recom-
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