CLEAR Waters Act

Summary#

This bill, the CLEAR Waters Act (S. 2421), would amend the Federal Water Pollution Control Act (33 U.S.C. 1362(7)) to change the definition of "navigable waters." The bill adds an exclusions subsection. The exclusions listed are:

• any component of a waste treatment system, including lagoons or treatment ponds (such as settling or cooling ponds) designed to convey or retain wastewater or to concentrate, settle, reduce, or remove pollutants from wastewater;
• ephemeral features that flow only in direct response to precipitation;
• groundwater; and
• any other features determined to be excluded by the Administrator and the Secretary of the Army, acting through the Chief of Engineers.

What it means for you#

If enacted, the listed features would not be included in the statutory term "navigable waters" under the Clean Water Act as amended by this bill. The bill text does not provide further details about how agencies would apply these exclusions or about specific permitting or regulatory changes.

Expenses#

No publicly available information.

Proponents' View#

No publicly available information in the bill text about proponents' stated reasons.

Opponents' View#

No publicly available information in the bill text about opponents' stated concerns.