S. 2421: Clarifying Legal Exclusions Around Regulated Waters Act

This bill, known as the Clarifying Legal Exclusions Around Regulated Waters Act, aims to amend the existing Federal Water Pollution Control Act by changing the definition of “navigable waters.” The main focus of the bill is to specify which bodies of water are excluded from this definition, thereby clarifying regulatory responsibilities and potentially reducing the scope of federal oversight regarding certain water bodies.

Key Changes Proposed by the Bill

• This bill proposes that the term “navigable waters” does not include:
  • Any component of a waste treatment system, which includes treatment ponds and lagoons designed to manage wastewater such as:
    • Conveying or retaining wastewater
    • Concentrating, settling, reducing, or removing pollutants from wastewater
  • Ephemeral features that only flow as a result of direct precipitation, such as temporary streams or puddles that do not maintain water flow during dry periods.
  • Groundwater, which refers to water located beneath the earth’s surface.
  • Any other water features that are determined to be excluded by federal authorities, specifically by the Administrator and the Secretary of the Army through the Chief of Engineers.

Implications of the Bill

By defining these exclusions, the legislation could lead to reduced federal regulation and oversight of certain waterways that do not meet the newly defined criteria as “navigable waters.” This change may have implications for environmental protections, water management practices, and local governance of water-related activities.

Potential Impact on Water Management and Regulation

The bill could affect how states and local jurisdictions manage waterways that fall under the identified exclusions, possibly leading to increased state authority over certain water bodies and less federal intervention in operations related to wastewater management and aquatic ecosystems. Critics and supporters of the bill may argue about the balance between regulatory oversight versus state control and the potential environmental implications of these changes.

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