If the water treatment residuals are not toxic, then why would EPA Region 3 issue a permit prohibiting the discharge of water treatment residuals?
EPA Region 3 did this because it was mandated to do so by the Clean Water Act. Congress established the NPDES permitting process as part of the Clean Water Act. As suggested by the word “elimination” in this acronym’s name, it was Congress’ intent to slowly reduce, then stop, the discharge of any materials to the waters of the United States. In the Clean Water Act, Congress presumed that any discharge is bad, if somehow reasonably preventable. As a result, Congress established two sets of criteria for EPA to consider when issuing permits. The first, for water quality, were meant to reduce or stop discharges to streams and water bodies if water quality was being measurably harmed. The second criteria were technology-based, and focused primarily on the known technological ability to reduce or eliminate a discharge to a water body. Even if water quality is not being affected, if it is technologically possible to reduce or eliminate the discharge, EPA is directed by the Clean Water Act to
