Protection and Improvement of Waters Law

What is the Protection and Improvement of Waters
Law?

This law regulates activities that discharge or could
potentially discharge materials (pollutants) into
rivers, streams, brooks, lakes and ponds and tidal
waters (waters of the State). Both section 413 and
417 of the law apply to potential discharges from
timber harvesting activities. Section 413 requires
that a license be obtained before directly or indirectly
discharging any pollutant. Therefore, if a timber
harvesting operation were to directly or indirectly
cause soil to wash into a stream, a discharge license
would be needed for the soil. Discharge licenses are
not issued for soil material, so the party responsible
for the discharge could not comply with Section 413
and must avoid discharging soil material.

Section 417 prohibits discharge of certain materials
into waterbodies or placement of materials on the ice
or banks of the waters of the State in such a manner
that it may fall or be washed into the water or that
drainage may flow or leach into the water. The
section specifically targets forest product refuse
including slabs, edgings, chips, sawdust, shavings,
and bark. The department also interprets this to
include slash, stumps and other debris. In summary,
section 413 and 417 of the Protection and
Improvement of Waters Law essentially prohibit
material from being placed in, or washed into a
waterbody, or placed in such a manner so as to wash
or leach into water. As it pertains to timber
harvesting, this law prohibits you from causing
erosion of soil into waterbodies and disposing of
slash on the ice of, or in and adjacent to streams,
lakes and tidal waters.

How to Comply with the Protection and
Improvement of Waters Law

The law provides no limitation as to a distance the
activity has to be from a waterbody. It doesn't matter
if you are 2 feet or 200 feet away, if soil washes into,
or refuse can fall or be washed into a waterbody, a
violation occurs. The best way to ensure that you
comply with the law is to make sure erosion control
measures (Best Management Practices) are used and
properly installed and maintained. Care should be
taken in crossing streams with logging equipment so
as not to cause siltation. In addition, slash and other
forest refuse should be properly disposed of away
from waterbodies, not in or near them.