Briefing Paper On Montana's Total Maximum Daily Load (Tmdl) Process : Section 303(D) of the Clean Water Act 1997
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The coordinator in the Blackfoot Challenge has helped with nonpoint source management in smaller watershed projects similar to the Deep Creek model. F. TMDL Implementation Federal guidance suggests it is up to states to determine allocation schemes and timetables for TMDL implementation. However, neither Section 303 (d) of the Clean Water Act nor EPA guidance for the TMDL process provides states with a clear mandate regarding TMDL implementation. Recent TMDL case law establishes that states mus...t show reasonable progress in implementing TMDLs and be able to demonstrate that TMDLs have been completed and waters de-listed (comments by Becky Watson, attorney, at WETA TMDL workshop, November 21, 1996) . The issue of whether "functional equivalents" to TMDLs are acceptable implementation strategies has been debated in the courts but not resolved. The cost of TMDL implementation obviously will vary. Most of these costs will be borne by the private and public entities responsible for the impairment.
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