To understand the delegation to localities of the implementation of pretreatment standards, one must understand also that the main impact of the FWPCA
has not been through uniform national water quality standards, but rather through the Municipal Wastewater Treatment grant program.
Despite the original FWPCA
and amendments following the Act's passage, water quality remained well below applicable standards, and enforcement of the standards was nearly nonexistent.
In the case of point sources, states that are authorized to operate the federal program take on important administrative roles in implementing policies defined by the EPA in regulations pursuant to the FWPCA
22) Since citizens suing under the FWPCA
are deemed "private attorneys general," there is little left to do after the government has negotiated an agreement.
19) TAAPA, similar to FWPCA
, provided for specifically enumerated defenses to liability.
In 1977, FWPCA
was amended again and renamed the Clean Water Act (CWA).
318) Arguably, the 1972 exemption discussed above and created by the amendment to the FWPCA
, exempted EPA's action in the case.
statutes--such as the FWPCA
and the MPRSA in Middlesex County--because
Because the FWPCA
and the MPRSA provided "elaborate enforcement provisions," plaintiff had no implied private right of action under those Acts.
376 is modeled on the FWPCA
, and that cases decided under the FWPCA
hold that private damages are not recoverable under the act.
A 1977 legislative report on toxic pollutant regulation observed: "Without exception, witnesses testified to the overall lack of data for setting standards for either water quality or for individual chemicals, and to there being less data available than estimated at the time the FWPCA
is generally referred to as the Clean Water Act.