Weeks Bay Watershed Project Management Plan - Mobile Bay ...

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implementation of programs to deal with NPS water pollution.
ADEM is responsible for the administration of Section 319 in
Alabama. This responsibility involves the use of funds for NPS
pollution education and demonstration projects. There are no
present limitations for NPS pollution discharges. The responsibility
of NPS pollution education and control lies within the agencies that
oversee the activities of each NPS category. The Alabama Forestry
Commission is responsible for conducting compliance inspections on
forestry sites and the NRCS is responsible for NPS control on
agricultural lands. Stormwater permits for municipalities come under
the authority of ADEM’s Municipal Branch; industrial wastewater
discharge falls under the authority of ADEM’s Industrial Branch.
Although there are no effluent limitations for NPS discharges and
BMP implementation is voluntary, ADEM may take enforcement
action on any site or activity where discharges result in a water quality
violation in waters of the State.
3. Army Corps of Engineers Regulatory Programs
Wetlands are considered one type of “waters of the United States”
that are protected from unauthorized discharges of dredged or fill
material under Section 404 of the Clean Water Act. The purpose of
Section 404 is to protect and enhance water quality by regulating the
discharge of dredged or fill material into wetlands. EPA and the
Army Corps of Engineers (COE) jointly define wetlands as:
“..those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to
support a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas.” (EPA 40 C.F.R. ξ 230.3 and
COE 33 C.F.R. ξ 328.3)
The Section 404 regulatory program authorizes the COE to issue
permits, after public notice and opportunity for public comment, and
take enforcement action for unauthorized activities in wetlands and
other U.S. waters.
The Rivers and Harbors Act (1899) was originally enacted primarily
to protect and promote water navigation for commerce. Jurisdiction
under the Rivers and Harbors Act is based on the “navigability” of a
water body. The jurisdiction extends laterally over the surface of
ordinary high-water mark for nontidal areas and the mean high water
mark for tidal areas. The regulatory definition of navigable waters of
the United States is:
Weeks Bay Watershed Management Plan