Clean Water Act Explainer: Section 403

Law Office of Frank Hammond • January 7, 2025

The Clean Water Act (CWA) is a federal legislation passed in 1972 that is aimed at improving and protecting water quality throughout the United States. While Section 402 deals with the National Pollutant Discharge Elimination System (NPDES), Section 403 introduces additional requirements for discharges, specifically in territorial seas, contiguous zones, and oceans. 


At Law Office of Frank Hammond in Portland, Oregon, we're committed to helping businesses, developers, and municipalities understand their obligations under the CWA and operate responsibly to avoid legal complications. Here, we strive to break down what Section 403 entails, how it interacts with other provisions of the Clean Water Act, and its implications for business and corporate entities.

Clean Water Act: Section 403 Overview

Section 403 of the Clean Water Act, officially known as the “Ocean Discharge Criteria,” establishes requirements for discharges into ocean waters. This section is designed to complement the broader mandates of Section 402 by addressing the challenges associated with preserving ocean ecosystems. 


While Section 402 governs point source discharges into all U.S. waters, Section 403 focuses specifically on ensuring that any discharge into the territorial seas, contiguous zones, or beyond meets stringent environmental standards to prevent harm to marine life or water quality. The main goal is to protect ocean ecosystems by regulating the quality and quantity of pollutants entering these bodies of water.

Key Requirements Under Section 403

To comply with Section 403, entities must undergo a thorough assessment of their discharge activities. The EPA evaluates the following critical factors as part of the ocean discharge criteria:


  1. Impact on marine life: This includes the effects of pollutants on the diversity, productivity, and viability of marine ecosystems. Discharges must not adversely affect fish, coral reefs, shellfish, or other aquatic organisms.
  2. Pollutant accumulation: Section 403 requires an analysis of whether the proposed pollutants will accumulate in marine organisms or sediments, potentially causing long-term ecological harm or entering the human food chain.
  3. Effects on public health and recreation: Discharges must not pose risks to public health due to contaminants in water or seafood. They should also have minimal interference with recreational activities like swimming, fishing, or boating.
  4. Discharge location: The location and depth of the discharge play a significant role. Discharges far from sensitive habitats or in areas with robust dilution and dispersion properties are more likely to gain approval.
  5. Economic and social factors: While environmental impact is the primary focus, the EPA also considers the economic and social benefits of proposed discharge activities.
  6. Alternative solutions: Entities seeking the discharge of pollutants must demonstrate that other reasonable and environmentally safer alternatives to discharging into the ocean have already been considered and found to be nonviable.


When submitting a permit for review, the EPA will conduct a rigorous analysis to make sure the applicants meet all these criteria before being approved under Section 403.

Permit Requirements and Compliance Requirements

Under Section 403, permit applicants seeking to discharge pollutants into ocean waters must demonstrate compliance with the specific “ocean discharge criteria” established by the Environmental Protection Agency (EPA).


To obtain a permit under Section 403, applicants must meet certain requirements and provide detailed information about their proposed discharge. This includes: 


  • The type of pollutants being discharged
  • The volume and frequency of the discharges 
  • Any potential impacts on ocean ecosystems


Once a permit is obtained, businesses must comply with all conditions outlined in the permit to avoid legal consequences. Failure to comply with Section 403 standards can result in significant penalties, including fines and potential civil or criminal liability.

Who Needs to Comply with Section 403?

Compliance with Section 403 of the CWA is mandatory for any entity planning to discharge pollutants into ocean waters and for businesses operating near or within U.S. ocean waters. Common organizations that must adhere to these regulations include:


  • Industrial facilities: Industrial facilities, factories, or processing plants that generate wastewater needing ocean disposal.
  • Municipal wastewater treatment plants: Local governments or utility companies handling wastewater treatment and discharge near coastal regions.
  • Aquaculture operations: Businesses involved in fish farming, shellfish cultivation, or similar activities located offshore.
  • Energy companies: Entities operating offshore oil platforms, wind farms, or other ocean-based energy projects.
  • Maritime shipping operators: Companies whose vessels generate ballast water or utilize anti-fouling treatments that may pollute the ocean.


Complying with Section 403 is a crucial step in preserving the health of our oceans and marine ecosystems. These bodies of water play a critical role in regulating global climate patterns, supporting diverse marine life, and providing important resources for human use. 


At Law Office of Frank Hammond, we are committed to helping our clients understand and comply with the environmental regulations of the Clean Water Act. Contact us to schedule a free consultation.

Potential Penalties for Non-Compliance

Failing to comply with Section 403 can lead to severe legal and financial repercussions. Businesses that discharge pollutants without obtaining the necessary permits or violate the conditions of their permits may face significant fines, operational shutdowns, and damage to their reputations. 


Under the Clean Water Act, penalties for violations can reach tens of thousands of dollars per day, which makes proactive compliance essential for businesses to remain in operation.


Oregon-specific penalties may also apply, including sanctions for breaching state environmental standards. The Oregon Department of Environmental Quality (DEQ) has the authority to investigate and enforce violations, which may result in additional fines or the revocation of state permits.

Section 403 and Oregon’s Ocean Waters

Under Oregon’s Department of Environmental Quality (DEQ), additional scrutiny is often applied to entities seeking to discharge pollutants into areas that impact coastal ecosystems. Oregon’s Territorial Sea Plan emphasizes sustainability, which means applicants may face stricter state-level requirements beyond the established federal provisions. 


For example, projects involving wastewater discharges from industrial facilities, aquaculture operations, or maritime vessels are subject to joint review by the EPA and Oregon DEQ to ensure compliance with both federal and state regulations.


Oregon also works closely with the National Marine Sanctuaries system, which can impose further limitations in specific protected zones, such as near the Oregon Coast National Wildlife Refuges. It's important for business and industrial entities that are planning activities along the Oregon coast to anticipate these added layers of oversight.

Contact an Experienced Attorney Today

Understanding the requirements of Section 403 is crucial for any entity that seeks to potentially discharge pollutants into Oregon’s territorial waters, congruous zones, or oceans. If you have questions about your obligations under the Clean Water Act or need assistance with the permitting process, reach out to an experienced environmental litigation attorney for legal guidance and support.


Based in Portland, Oregon, we serve clients across the state, including communities in Eugene, Salem, Astoria, Newport, Bandon, Medford, and Bend. Reach out to the Law Office of Frank Hammond today to schedule a free consultation.

Environmental Law for Portland Startups and Investors

By Law Office of Frank Hammond • February 7, 2025
Portland, Oregon, is often described as an area of natural beauty. Coupled with the state's commitment to developing sustainable and eco-conscious practices, business startups and investors are required to comply with environmental laws and regulations if they want to grow their businesses and succeed. Whether you're launching a new enterprise, investing in local development, or expanding an existing business, it's essential to understand Oregon's environmental laws and how they can impact your business venture to demonstrate a commitment to the values of your state's community. At Law Office of Frank Hammond , we strive to help you understand your rights and obligations for complying with federal and state environmental law.

Biodiversity and the Law

By Law Office of Frank Hammond • January 7, 2025
The term biodiversity refers to the variety of life on Earth, including all living organisms such as plants, animals, and microorganisms, as well as their genetic diversity. Biodiversity is essential for maintaining healthy ecosystems and providing numerous benefits to humans, such as clean air and water, food and medicine sources, and cultural values. However, with increasing human activities such as deforestation, pollution, overharvesting of resources, and climate change, biodiversity is facing significant threats worldwide. To protect and conserve biodiversity effectively, there are various laws and regulations in place at local, state, and national, levels.

Clean Water Act Explainer: Section 402

By Law Office of Frank Hammond • November 12, 2024
Enacted in 1972 by the Congress, the Clean Water Act (CWA) is aimed at regulating water pollution to protect and maintain the integrity of the nation's waters. The primary objective of this Act is to restore and preserve the chemical, physical, and biological properties of water bodies across the country. Section 402 of the Clean Water Act establishes the National Pollutant Discharge Elimination System (NPDES) permit program, as outlined by the EPA, which is responsible for controlling the discharge of pollutants into navigable waters and ensuring compliance with wastewater standards. At Law Office of Frank Hammond , located in Portland, Oregon, we are dedicated to helping businesses and individuals understand the provisions of the Clean Water Act, particularly in obtaining and managing NPDES permits.

Clean Water Act Explainer: Section 401

By Law Office of Frank Hammond • November 8, 2024
The Clean Water Act (CWA) was established by the Congress and acts as the federal baseline for water quality standards in the United States and state authority regarding environmental protection. According to the Environmental Protection Agency, Section 401 of the Clean Water Act outlines key requirements for states and authorized tribes to protect the water quality of federally regulated waters through federally issued permits. At Law Office of Frank Hammond , our attorney is experienced in helping industry and large organizations understand their responsibilities for maintaining water quality and complying with the regulations laid out in Section 401 of the Clean Water Act.

6PPD-Q and You

April 23, 2024
N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine or 6PPD is a chemical used in tire manufacturing to prevent them from breaking down. Friction between tires and the road causes 6PPD to be released in dust. When exposed to ozone in the air, 6PPD undergoes a chemical reaction and becomes 6PPD-quinone, or simply 6PPD-q. This new chemical then gets into waterways where it has been proven to be extremely hazardous for marine life. Marine die-offs beside roadways had been noticed before, but the pollutant responsible hadn’t been figured out. 6PPD-q was first discovered as that pollutant in December 2020 by scientists at the University of Washington-Tacoma and Washington State University. Coho salmon seem the most vulnerable to 6PPD-q, but it is toxic to other fish species like rainbow trout and chinook salmon. The discovery of 6PPD-q has caused a flurry of legal activity and regulation discussions. In 2022, the EPA launched a group to research 6PPD-q and how to prevent further fish deaths. Both California and Washington have included 6PPD-q in their chemical safety programs, and Oregon has released a primary report about ways to reduce 6PPD-q runoff. Management of tire wear runoff has been included in the draft of Washington’s stormwater permits, even though 6PPD-q has not been mentioned by name. This year, the EPA released a 6PPD-q test to better assess and manage water systems. Likewise, 6PPD-q has been the subject of multiple legal cases. The Yurok, Port Gamble S’Klallam, and Puyallup tribes petitioned the EPA to prohibit the use of 6PPD in tire manufacturing due to 6PPD-q’s effects on the salmon the tribes traditionally fish. The EPA agreed to the petition and has drawn up a plan to further research 6PPD and 6PPD-q and phase its use out of tire manufacturing. Shortly after the petition was granted, the Institute for Fisheries Resources (IFR) and the Pacific Coast Federation of Fishermen’s Associations (PCFFA) filed a joint suit against multiple tire manufacturers for their use of 6PPD, which endangers animals protected by the Endangered Species Act. Similarly, the Center for Biological Diversity sent an intent to sue letter to the California Department of Transportation, the US Department of Transportation, the Oregon Division of Federal Highway Administration, the National Marine Fisheries Services, and the Secretary of Commerce for alleged inactions related to road management, which led to 6PPD-q ending up in critical salmon habitat The legal issues surrounding 6PPD and 6PPD-q are coming fast. Those in the tire industry need to stay abreast of the issue, while some have an opportunity to invest in things like 6PPD-q cleanup and green infrastructure that will help prevent 6PPD-q from getting to the fish in the first place.

DEQ To Hold Meeting on House Bill 3220

April 9, 2024
DEQ is holding a rulemaking meeting on May 9th, 2024 at 9 am, seeking to clarify House Bill 3220. HB 3220 updates Oregon’s E-Cycles program, the state’s electronics recycling program. Amendments to HB 3220 have expanded the electronics accepted, increased the minimum number of collection sites, and added requirements for improving the state’s collection network. The May 9th meeting will focus on annual reporting and coordination requirements, financial compensation, and environmental management practices. There will be time for public comment, allowing regular folks to add their input to the rulemaking process.  The rulemaking contact is Rachel Harding, at 503-929-7125.

DEQ is open for public comments on proposed rule amendments on 2023 High Hazard Rail Tank Fee

By Jason Hammond • January 4, 2024
The Oregon Department of Environmental Quality has proposed permanent changes to OAR 340-141-0290, establishing a “per tank fee” on train cars carrying oil that enter the state. Under ORS 468B.435 (13)(c), a fee of up to $20 per car is authorized, to be paid by the owner of the crude oil; the DEQ’s proposed rule would establish a fee of $19 per car. DEQ has stated the fees would be used for railroad training exercises. DEQ is open for public comments on the proposed changes by email, post, and at a public hearing. Comments will be considered until January 22, 2024, at 4 pm. Comments can be emailed to hhrfee2023@deq.oregon.gov , and mailed to: Oregon DEQ Attn: Kyrion Gray/High Hazard Rail Planning Program 700 NE Multnomah Street, Suite 600 Portland, OR 97232-4100 The public hearing is on Tuesday, January 16, 2024, on Microsoft Teams at 10 am. Teleconference phone number: +1 503-446-4951, 100054706# Phone Conference ID: 100 054 706# Meeting ID: 220 575 203 918 Participant code: VYtUiL

How Hard Is It to Set Up a Mycoremediation Facility?

By Jason Hammond • October 24, 2023
One of the issues with recycling is the number of things that can’t be recycled traditionally – plastic, Styrofoam, and so on. The amount of waste produced by our modern lives can seem impossible. However, there’s another way to break down these materials – fungi. Mycoremediation is the process of using fungi to decontaminate polluted environments and break down things like plastics and heavy metals. Fungi have highly adaptable metabolisms and enzymes that allow them to digest a wide variety of unusual substances, from medication to petroleum. For instance, fungi can suck up heavy metal pollutants from soil and water. These metals concentrate in their fruiting bodies, which can be easily removed afterward. Depending on the pollutant being broken down, the mushroom can be removed and put in a hazardous waste facility or even be safe enough to eat. Either way, using fungi to remove pollutants is much easier than other methods of environmental remediation, which can involve labor- and time-intensive things such as complete removal of polluted soil. If fungi are used to break down solid waste, the mushrooms – even if they can’t be eaten – reduce the dangers of things such as PFAS, microplastics, or methane from landfills entering the environment. Mycoremediation has the potential to massively change how we dispose of our waste, but the process is still new and unexplored. For the potential mycoremediation entrepreneur, there’s no clear permitting path from Oregon DEQ. Instead, they must navigate the conversion technology facility permit process. 

Dealing with Trespassing Neighbors: When Legal Help Becomes Necessary

By Frank Hammond • September 21, 2023
As a lawyer who has handled many property disputes, I understand the importance of property rights and boundaries. Property disputes can be a headache, especially when your neighbor trespasses on your land. In this article, I’ll explore what you should do if you find yourself in this situation of a trespass, and why seeking legal help might be your best course of action.
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