The paper provides guidance on technical aspects of evaluating point source pollution conveyed through groundwater.

(WESTERVILLE, OH — June 7, 2023) The National Ground Water Association has recently published a new white paper focused on tracking point source pollution that is conveyed through groundwater to surface water. The paper, Evaluating Groundwater Conveyance of Point Source Pollution to a Navigable Water as Functionally Equivalent to Direct Discharge, has been made free to the public to encourage a better understanding of the process in which contaminants may travel through groundwater.

The idea for the paper originated after the U.S. 2020 Supreme Court opinion was released in the County of Maui v. Hawai’i Wildlife Fund case. The case examined whether the Clean Water Act requires a National Pollutant Discharge Elimination System (NPDES) permit when pollutants are conveyed from a point source to water that is protected by the federal government under the Clean Water Act. The Supreme Court decided that an NPDES permit is required if the groundwater conveyance of pollutants to surface water is a “functional equivalence” of a direct discharge of pollution.

“The Supreme Court’s decision changed the way states, companies, and regulators may view the connection of point sources to surface water through groundwater,” said NGWA Science and Technology Director Bill Alley, Ph.D. “It’s our hope that this paper can provide some practical guidance on addressing this connection, which will allow everyone to make more scientifically informed decisions.”

The paper, which is now available, was developed along with the Ground Water Protection Council and a diverse group of groundwater scientists, engineers, and contractors.

For more information or additional comments, please contact Ben Frech at bfrech@ngwa.org.

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The National Ground Water Association is a not-for-profit professional society and trade association for the global groundwater industry. Our members around the world include leading public and private sector groundwater scientists, engineers, water well system professionals, manufacturers, and suppliers of groundwater-related products and services. The Association’s vision is to be the leading groundwater association advocating for responsible development, management, and use of water.