Statutory Developments in the Field >   of Water Pollution Control
* CHARLES   M.   HENDERSON
Attorney, Office of the General Counsel Federal Security Agency
Washington, D.C. .        "^
The statutes dealing with stream pollution which have been enacted by the various States and, in particular, aspects which bear on industrial wastes will be discussed here in broad outlines. The Division of Water Pollution Control in the Public Health Service and the Office of the General Counsel, Federal Security Agency, have recently completed a study of the laws of the various States in this field and have worked with the Council of State Governments in developing a Suggested State Water Pollution Control Act. The conclusions which have been tenta¬ tively drawn from this study may be of interest.
Water pollution control legislation is of vital significance to industry. The importance of water pollution control to industry is attested by this Conference and legislation expresses the public policy of the State, defines the action it will take in this field and the rights and responsi¬ bilities of industry and other members of the community. It is some¬ times assumed, on the basis of rather superficial consideration, that the only effect which such a statute will have on industry will be to impose additional duties and expense on it and subject it to new and terrifying torms of Government red tape. It is true that the operation of a water pollution control law will subject an industry to some restrictions. It may have to obtain permits for discharging wastes and submit its plans for disposal systems to the State agency for consideration. In extreme cases it may be the object of enforcement proceedings designed to compel it to take remedial measures to correct existing pollution. It must be recognized that industry, like other members of the community, also stands to gain greatly from an effective water pollution control program. Modern communities need clean water and this applies to industry as well as to cities and farmers and even fishermen. A well drafted statute will assist in the realization of this aim.
BACKGROUND COMMON   LAW   PRINCIPLES '
Before considering the statutes now on the books of the various States, it will be helpful to take a quick view of the background against
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