these provisions. Funding to develop the plans has been scarce. The section does not actually place limits on NPS pollution, and states are not even required implement the plans they create. Another problem with 319 (and 208) is that there is no enforcement mechanism In Natural Resources Defense Council v. EPA (1990), the United States Court of Appeals for the Ninth Circuit held that "Section 319 does not require states to penalize nonpoint source polluters who fail to adopt best management practices; rather it provides for grants to encourage the adoption of such practices." Section 404 Section 404 of the CWA requires that a permit be obtained from the U.S. Army Corps of Engineers for the "discharge of dredged and fill material into the navigable waters at specified disposal sites." The 404 permit process is frequently used to protect wetlands, which are essential to the control of nonpoint pollution because they slow the rate of surface water runoff and remove sediment and other pollutants before they reach lakes and streams. While these permitting procedures may result in decreased NPS water pollution to wetlands, developers may simply relocate to an alternative location and still cause the release of NPS water pollution. Total maximum daily loads CWA section 303(d)(1)(C) requires states to identify waterbodies that do not meet water quality standards after application of the technology-based standards for point source pollution. States must then establish a Total Maximum Daily Load (TMDL) for those water bodies to bring them into compliance with water quality standards. The standards are submitted to EPA for approval. As TMDLs are looking at the total amount of loading, this by definition includes nonpoint sources, so if nonpoint sources are impairing a body of water, the TMDL would have to address a way to reduce those nonpoint sources. TMDLs are required even if a body of water fails to meet quality standards entirely due to nonpoint sources. Concentrated Animal Feeding Operations Depending on the number of animals at a particular site, Concentrated Animal Feeding Operations (CAFOs) may generate significant amounts of manure. One method to remove the manure is to apply it to land for fertilization. However, in an effort to dispose of manure at a reduced costs, some CAFOs have applied excess amounts of manure to land areas. The excess amounts of manure may then be washed away by rain into surface waters. This practice was a key