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Abbreviated CWA.Congress passed the CWA for the stated purpose of 'restor[ing] and maintain[ing] the chemical, physical, and biological integrity of the Nation's waters.' 33 U. S. C. §1251(a). In so doing, Congress chose to 'recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this chapter.' §1251(b). Section 404(a) authorizes the Army Corps of Engineers to regulate the discharge of fill material into 'navigable waters,' 33 U. S. C. §1344(a), which the statute defines as 'the waters of the United States, including the territorial seas,' §1362(7).
The CWA is a comprehensive statute, designed to 'restore and maintain the chemical, physical, and biological integrity of the Nation's Waters.' 33 U.S.C. § 1251(a). The CWA prohibits the discharge of any pollutant, including dredged or fill material, into navigable waters unless authorized by a CWA permit. 33 U.S.C. § 1311(a). The Army Corps of Engineers are authorized to issue a CWA Section 404 pursuant to 33 U.S.C. § 1344. A section 404 permit issued ...
