It is not new news that many of our waterways have become polluted. In many cases, the pollution came from years of abuse by industry. Since the industrial revolution began, companies often pumped their waste directly into our lakes and rivers.

We have all been hurt by water pollution. Many lakes and public water bodies at one time supplied us with drinking water and provided recreational value, such as fishing and swimming. We simply cannot drink water from or swim in dirty water - as many Americans are now sadly aware. And we cannot consume fish containing dangerous toxins such as lead, dioxin, and PCBs.

So, it is clear that water pollution affects everyone one of us. But, what causes this water pollution? Before, I talked about pipes from factories doing this. Today, this still happens, but in many cases this is under control and is not causing the really bad kinds of pollution problems that tend to affect our water quality today. In many cases, the really bad pollution comes from "non-point" source pollution.

What is non-point source pollution? It is the pollution that is mucking up our water but cannot definitively be traced to one factory pipe or one hazardous release. It is the untraceable pollution, such as that which comes from farms, runoff from streets and factories, and unreported spills.

In many instances non-point source pollution has become a bigger menace than point solution. One reason for this is that government has not historically regulated non-point source pollution as extensively as it has regulated pollution coming from identifiable sources. Now, that is changing.

If you live in a rural area, you are probably already hearing much about this subject. In the last 10 years, the government has placed increasing pressure on farmers to stop their runoff. There has been enhanced pressure on farms to control animal waste runoff - waste matter carried off by rain and erosion that fouls public water bodies and ground water.

Municipalities, large factories and large parking areas have also felt the pressure. In many cases, they must control runoff from their facilities and sometimes they must obtain permits which limit the amounts of oil and other substances that can runoff from their properties. Factory runoff can included solvents, oils, and other pollutants. Parking lot runoff can include oils, gasoline and other automotive fluids.

Can the government regulate non-point source pollution? According to a recent court decision in the case of Pronsolino v. Marcus, the answer is "yes." This past March, a federal court held in that case that the EPA and states have the authority to identify which U.S. waterways are polluted by runoff from urban areas, agriculture and timber harvesting - non-point sources of pollution - and to identify the maximum amount of pollutants that may enter these waterways.

The opinion from a San Francisco based federal judge affirms the comprehensive scope of the EPA's Clean Water Act. The Court found that Congress intended to include non-point source pollution in the Clean Water Act's water quality standards program, and observed that non-point source pollution is the dominant water quality problem in the United States today. In California, only 1% of impaired waterways fail to meet water quality standards solely because of pollution that comes from pipes, municipal waste treatment works, or other point sources. According to EPA, 54% of California's impaired waterways are polluted by non-point sources exclusively, while another 45% are impaired by a combination of point and non-point sources.

What does this mean for all of us? It means that the federal law designed to keep our water clean has teeth to it. And the government can take action to prevent point solution and non-point solution.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.