ML093280552
| ML093280552 | |
| Person / Time | |
|---|---|
| Site: | Bell Bend |
| Issue date: | 07/29/2008 |
| From: | PPL Bell Bend, Environmental Protection Agency |
| To: | Office of New Reactors |
| Shared Package | |
| ML093270273 | List: |
| References | |
| BNP-2009-356 | |
| Download: ML093280552 (130) | |
Text
FEDERAL WATER POLLUTION CONTROL ACT TITLE 33NAVIGATION AND NAVIGABLE WATERS CHAPTER 26WATER POLLUTION PREVENTION AND CONTROL
[As Amended Through Pub.L. 110-288, July 29, 2008]
(33 U.S.C. § 1251 et seq.)
SUBCHAPTER IRESEARCH AND RELATED PROGRAMS.............................................................................................1 Sec. 101. [33 U.S.C. 1251] Congressional declaration of goals and policy............................................................................1 Sec. 102. [33 U.S.C. 1252] Comprehensive programs for water pollution control ................................................................2 Sec. xxx. [33 U.S.C. 1252a] Reservoir projects, water storage; modification; storage for other than for water quality, opinion of Federal agency, committee resolutions of approval; provisions inapplicable to projects with certain prescribed water quality benefits in relation to total project benefits......................................................................3 Sec. 103. [33 U.S.C. 1253] Interstate cooperation and uniform laws .....................................................................................3 Sec. 104. [33 U.S.C. 1254] Research, investigations, training, and information ....................................................................3 Sec. 105. [33 U.S.C. 1255] Grants for research and development..........................................................................................8 Sec. 106. [33 U.S.C. 1256] Grants for pollution control programs.........................................................................................9 Sec. 107. [33 U.S.C. 1257] Mine water pollution control demonstrations ...........................................................................10 Sec. xxx. [33 U.S.C. 1257a] State demonstration programs for cleanup of abandoned mines for use as waste disposal sites; authorization of appropriations ....................................................................................................................10 Sec. 108. [33 U.S.C. 1258] Pollution control in Great Lakes ...............................................................................................10 Sec. 109. [33 U.S.C. 1259] Training grants and contracts ....................................................................................................11 Sec. 110. [33 U.S.C. 1260] Applications; allocation ............................................................................................................11 Sec. 111. [33 U.S.C. 1261] Scholarships ..............................................................................................................................12 Sec. 112. [33 U.S.C. 1262] Definitions and authorizations ..................................................................................................13 Sec. 113. [33 U.S.C. 1263] Alaska village demonstration projects ......................................................................................13 Sec. 114. [33 U.S.C. 1264] Omitted .....................................................................................................................................13 Sec. 115. [33 U.S.C. 1265] In-place toxic pollutants............................................................................................................13 Sec. 116. [33 U.S.C. 1266] Hudson River reclamation demonstration project.....................................................................14 Sec. 117. [33 U.S.C. 1267] Chesapeake Bay ........................................................................................................................14 Sec. 118. [33 U.S.C. 1268] Great Lakes ...............................................................................................................................16 Sec. 119. [33 U.S.C. 1269] Long Island Sound ....................................................................................................................21 Sec. 120. [33 U.S.C. 1270] Lake Champlain Basin Program ...............................................................................................22 Sec. xxx. [33 U.S.C 1271] Sediment survey and monitoring ...............................................................................................23 Sec. xxx. [33 U.S.C. 1271a] Research and development program .......................................................................................24 Sec. xxx. [33 U.S.C. 1272] Environmental dredging............................................................................................................24 Sec. 121. [33 U.S.C. 1273] Lake Pontchartrain Basin ..........................................................................................................25 Sec. 121. [33 U.S.C. 1274] Wet weather watershed pilot projects .......................................................................................25 SUBCHAPTER IIGRANTS FOR CONSTRUCTION OF TREATMENT WORKS ...........................................................26 Sec. 201. [33 U.S.C. 1281] Congressional declaration of purpose .......................................................................................26 Sec. xxx. [33 U.S.C. 1281a] Total treatment system funding...............................................................................................28 Sec. 202. [33 U.S.C. 1282] Federal share .............................................................................................................................28 Sec. 203. [33 U.S.C. 1283] Plans, specifications, estimates, and payments .........................................................................30 Sec. 204. [33 U.S.C. 1284] Limitations and conditions........................................................................................................31 Sec. 205. [33 U.S.C. 1285] Allotment of grant funds ...........................................................................................................33 Sec. 206. [33 U.S.C. 1286] Reimbursement and advanced construction ..............................................................................37 Sec. 207. [33 U.S.C. 1287] Authorization of appropriations ................................................................................................38 Sec. 208. [33 U.S.C. 1288] Areawide waste treatment management....................................................................................38 Sec. 209. [33 U.S.C. 1289] Basin planning ..........................................................................................................................42 Sec. 210. [33 U.S.C. 1290] Annual survey ...........................................................................................................................43 Sec. 211. [33 U.S.C. 1291] Sewage collection systems........................................................................................................43 Sec. 212. [33 U.S.C. 1292] Definitions.................................................................................................................................43 Sec. 213. [33 U.S.C. 1293] Loan guarantees ........................................................................................................................43 Sec. xxx. [33 U.S.C. 1293a] Contained spoil disposal facilities ...........................................................................................44 Sec. 214. [33 U.S.C. 1294] Public information and education on recycling and reuse of wastewater, use of land treatment, and reduction of wastewater volume....................................................................................................45 Sec. 215. [33 U.S.C. 1295] Requirements for American materials.......................................................................................45 Sec. 216. [33 U.S.C. 1296] Determination of priority of projects ........................................................................................46 Sec. 217. [33 U.S.C. 1297] Cost-Effectiveness Guidelines ..................................................................................................46
Reflects all laws adopted prior to September 1, 2008, that have modified the Federal Water Pollution Control Act or that have been codified in Chapter 26 of Title 33. This document was adapted from a document originally prepared by the Government Printing Office for the U.S. Environmental Protection Agency. Please send any errors or corrections to: mlauffer@waterboards.ca.gov.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Sec. 218. [33 U.S.C. 1298] Cost Effectiveness.....................................................................................................................46 Sec. 219. [33 U.S.C. 1299] State certification of projects ....................................................................................................46 Sec. 220. [33 U.S.C. 1300] Pilot program for alternative water source projects ..................................................................47 Sec. 221. [33 U.S.C. 1301] Sewer overflow control grants ..................................................................................................47 SUBCHAPTER IIISTANDARDS AND ENFORCEMENT.................................................................................................48 Sec. 301. [33 U.S.C. 1311] Effluent limitations ...................................................................................................................48 Sec. 302. [33 U.S.C. 1312] Water quality related effluent limitations..................................................................................55 Sec. 303. [33 U.S.C. 1313] Water quality standards and implementation plans...................................................................56 Sec. xxx. [33 U.S.C. 1313a] Revised water quality standards ..............................................................................................59 Sec. 304. [33 U.S.C. 1314] Information and guidelines .......................................................................................................59 Sec. 305. [33 U.S.C. 1315] State reports on water quality....................................................................................................63 Sec. 306. [33 U.S.C. 1316] National standards of performance ...........................................................................................63 Sec. 307. [33 U.S.C. 1317] Toxic and pretreatment effluent standards ................................................................................64 Sec. 308. [33 U.S.C. 1318] Records and reports; inspections...............................................................................................66 Sec. 309. [33 U.S.C. 1319] Enforcement..............................................................................................................................67 Sec. 310. [33 U.S.C. 1320] International pollution abatement .............................................................................................71 Sec. 311. [33 U.S.C. 1321] Oil and hazardous substance liability........................................................................................72 Sec. 312. [33 U.S.C. 1322] Marine sanitation devices..........................................................................................................84 Sec. 313. [33 U.S.C. 1323] Federal facilities pollution control ............................................................................................90 Sec. 314. [33 U.S.C. 1324] Clean lakes ................................................................................................................................91 Sec. 315. [33 U.S.C. 1325] National Study Commission .....................................................................................................92 Sec. 316. [33 U.S.C. 1326] Thermal discharges ...................................................................................................................93 Sec. 317. [33 U.S.C. 1327] Financing Study ........................................................................................................................93 Sec. 318. [33 U.S.C. 1328] Aquaculture...............................................................................................................................93 Sec. 319. [33 U.S.C. 1329] Nonpoint source management programs...................................................................................93 Sec. 320. [33 U.S.C. 1330] National estuary program..........................................................................................................98 SUBCHAPTER IVPERMITS AND LICENSES ................................................................................................................100 Sec. 401. [33 U.S.C. 1341] Certification ............................................................................................................................100 Sec. 402. [33 U.S.C. 1342] National pollutant discharge elimination system ....................................................................101 Sec. 403. [33 U.S.C. 1343] Ocean discharge criteria..........................................................................................................106 Sec. 404. [33 U.S.C. 1344] Permits for dredged or fill material .........................................................................................106 Sec. 405. [33 U.S.C. 1345] Disposal of sewage sludge ......................................................................................................110 Sec. 406. [33 U.S.C. 1346] Coastal recreation water quality monitoring and notification .................................................112 SUBCHAPTER VGENERAL PROVISIONS.....................................................................................................................114 Sec. 501. [33 U.S.C. 1361] Administration ........................................................................................................................114 Sec. 502. [33 U.S.C. 1362] Definitions...............................................................................................................................115 Sec. 503. [33 U.S.C. 1363] Water Pollution Control Advisory Board................................................................................116 Sec. 504. [33 U.S.C. 1364] Emergency powers..................................................................................................................117 Sec. 505. [33 U.S.C. 1365] Citizen suits.............................................................................................................................117 Sec. 506. [33 U.S.C. 1366] Appearance .............................................................................................................................118 Sec. 507. [33 U.S.C. 1367] Employee protection ...............................................................................................................118 Sec. 508. [33 U.S.C. 1368] Federal procurement ...............................................................................................................119 Sec. 509. [33 U.S.C. 1369] Administrative procedure and judicial review ........................................................................119 Sec. 510. [33 U.S.C. 1370] State authority .........................................................................................................................120 Sec. 511. [33 U.S.C. 1371] Authority under other laws and regulations ............................................................................120 Sec. 512. [33 U.S.C. 1251 Note] Separability ....................................................................................................................121 Sec. 513. [33 U.S.C. 1372] Labor standards.......................................................................................................................121 Sec. 514. [33 U.S.C. 1373] Public health agency coordination ..........................................................................................121 Sec. 515. [33 U.S.C. 1374] Effluent Standards and Water Quality Information Advisory Committee ..............................121 Sec. 516. [33 U.S.C. 1375] Reports to Congress; detailed estimates and comprehensive study on costs; State estimates.121 Sec. xxx. [33 U.S.C. 1375a] Report on coastal recreation waters......................................................................................123 Sec. 517. [33 U.S.C. 1376] Authorization of appropriations ..............................................................................................123 Sec. 518. [33 U.S.C. 1377] Indian tribes ............................................................................................................................123 Sec. 519. [33 U.S.C. 1251 Note] Short title........................................................................................................................124 SUBCHAPTER VISTATE WATER POLLUTION CONTROL REVOLVING FUNDS..................................................124 Sec. 601. [33 U.S.C. 1381] Grants to States for establishment of revolving funds ............................................................124 Sec. 602. [33 U.S.C. 1382] Capitalization grant agreements..............................................................................................125 Sec. 603. [33 U.S.C. 1383] Water pollution control revolving loan funds .........................................................................125 Sec. 604. [33 U.S.C. 1384] Allotment of funds ..................................................................................................................126
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Sec. 605. [33 U.S.C. 1385] Corrective action.....................................................................................................................126 Sec. 606. [33 U.S.C. 1386] Audits, reports, and fiscal controls; intended use plan............................................................126 Sec. 607. [33 U.S.C. 1387] Authorization of appropriations ..............................................................................................127
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 FEDERAL WATER POLLUTION CONTROL ACT TITLE 33NAVIGATION AND NAVIGABLE WATERS CHAPTER 26WATER POLLUTION PREVENTION AND CONTROL
[As Amended Through Pub.L. 110-288, July 29, 2008]
(33 U.S.C. § 1251 et seq.)
and to consult with the Administrator in the exercise of his SUBCHAPTER IRESEARCH AND authority under this chapter. It is the policy of Congress that RELATED PROGRAMS the States manage the construction grant program under this chapter and implement the permit programs under sections SEC. 101. [33 U.S.C. 1251] CONGRESSIONAL 1342 and 1344 of this title. It is further the policy of the DECLARATION OF GOALS AND POLICY Congress to support and aid research relating to the (a) RESTORATION AND MAINTENANCE OF CHEMICAL, prevention, reduction, and elimination of pollution, and to PHYSICAL AND BIOLOGICAL INTEGRITY OF NATIONS provide Federal technical services and financial aid to State WATERS; NATIONAL GOALS FOR ACHIEVEMENT OF and interstate agencies and municipalities in connection OBJECTIVEThe objective of this chapter is to restore and with the prevention, reduction, and elimination of pollution.
maintain the chemical, physical, and biological integrity of the Nations waters. In order to achieve this objective it is (c) CONGRESSIONAL POLICY TOWARD PRESIDENTIAL hereby declared that, consistent with the provisions of this ACTIVITIES WITH FOREIGN COUNTRIESIt is further the chapter policy of Congress that the President, acting through the Secretary of State and such national and international (1) it is the national goal that the discharge of pollutants into organizations as he determines appropriate, shall take such the navigable waters be eliminated by 1985; action as may be necessary to insure that to the fullest extent (2) it is the national goal that wherever attainable, an interim possible all foreign countries shall take meaningful action goal of water quality which provides for the protection and for the prevention, reduction, and elimination of pollution in propagation of fish, shellfish, and wildlife and provides for their waters and in international waters and for the recreation in and on the water be achieved by July 1, 1983; achievement of goals regarding the elimination of discharge (3) it is the national policy that the discharge of toxic of pollutants and the improvement of water quality to at pollutants in toxic amounts be prohibited; least the same extent as the United States does under its (4) it is the national policy that Federal financial assistance laws.
be provided to construct publicly owned waste treatment (d) ADMINISTRATOR OF ENVIRONMENTAL PROTECTION works; AGENCY TO ADMINISTER CHAPTERExcept as otherwise (5) it is the national policy that areawide waste treatment expressly provided in this chapter, the Administrator of the management planning processes be developed and Environmental Protection Agency (hereinafter in this implemented to assure adequate control of sources of chapter called Administrator) shall administer this pollutants in each State; chapter.
(6) it is the national policy that a major research and (e) PUBLIC PARTICIPATION IN DEVELOPMENT, REVISION, AND demonstration effort be made to develop technology ENFORCEMENT OF ANY REGULATION, ETC.Public necessary to eliminate the discharge of pollutants into the participation in the development, revision, and enforcement navigable waters, waters of the contiguous zone, and the of any regulation, standard, effluent limitation, plan, or oceans; and program established by the Administrator or any State under this chapter shall be provided for, encouraged, and assisted (7) it is the national policy that programs for the control of by the Administrator and the States. The Administrator, in nonpoint sources of pollution be developed and cooperation with the States, shall develop and publish implemented in an expeditious manner so as to enable the regulations specifying minimum guidelines for public goals of this chapter to be met through the control of both participation in such processes.
point and nonpoint sources of pollution.
(f) PROCEDURES UTILIZED FOR IMPLEMENTING CHAPTERIt (b) CONGRESSIONAL RECOGNITION, PRESERVATION, AND is the national policy that to the maximum extent possible PROTECTION OF PRIMARY RESPONSIBILITIES AND RIGHTS OF the procedures utilized for implementing this chapter shall STATESIt is the policy of the Congress to recognize, encourage the drastic minimization of paperwork and preserve, and protect the primary responsibilities and rights interagency decision procedures, and the best use of of States to prevent, reduce, and eliminate pollution, to plan available manpower and funds, so as to prevent needless the development and use (including restoration, duplication and unnecessary delays at all levels of preservation, and enhancement) of land and water resources, government.
(g) AUTHORITY OF STATES OVER WATERIt is the policy of
For uncodified sections involving separability and short title, see sections Congress that the authority of each State to allocate 512 and 519 respectively.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 quantities of water within its jurisdiction shall not be of regulation of streamflow in a manner which will insure superseded, abrogated or otherwise impaired by this chapter. that all project purposes, share equitably in the benefit of It is the further policy of Congress that nothing in this multiple-purpose construction.
chapter shall be construed to supersede or abrogate rights to (5) Costs of regulation of streamflow features incorporated quantities of water which have been established by any in any Federal reservoir or other impoundment under the State. Federal agencies shall co-operate with State and local provisions of this chapter shall be determined and the agencies to develop comprehensive solutions to prevent, beneficiaries identified and if the benefits are widespread or reduce and eliminate pollution in concert with programs for national in scope, the costs of such features shall be managing water resources. nonreimbursable.
(6) No license granted by the Federal Energy Regulatory SEC. 102. [33 U.S.C. 1252] COMPREHENSIVE PROGRAMS Commission for a hydroelectric power project shall include FOR WATER POLLUTION CONTROL storage for regulation of streamflow for the purpose of water (a) PREPARATION AND DEVELOPMENTThe Administrator quality control unless the Administrator shall recommend its shall, after careful investigation, and in cooperation with inclusion and such reservoir storage capacity shall not other Federal agencies, State water pollution control exceed such proportion of the total storage required for the agencies, interstate agencies, and the municipalities and water quality control plan as the drainage area of such industries involved, prepare or develop comprehensive reservoir bears to the drainage area of the river basin or programs for preventing, reducing, or eliminating the basins involved in such water quality control plan.
pollution of the navigable waters and ground waters and (c) BASINS; GRANTS TO STATE AGENCIES improving the sanitary condition of surface and (1) The Administrator shall, at the request of the Governor underground waters. In the development of such of a State, or a majority of the Governors when more than comprehensive programs due regard shall be given to the one State is involved, make a grant to pay not to exceed 50 improvements which are necessary to conserve such waters per centum of the administrative expenses of a planning for the protection and propagation of fish and aquatic life agency for a period not to exceed three years, which period and wildlife, recreational purposes, and the withdrawal of shall begin after October 18, 1972, if such agency provides such waters for public water supply, agricultural, industrial, for adequate representation of appropriate State, interstate, and other purposes. For the purpose of this section, the local, or (when appropriate) international interests in the Administrator is authorized to make joint investigations basin or portion thereof involved and is capable of with any such agencies of the condition of any waters in any developing an effective, comprehensive water quality State or States, and of the discharges of any sewage, control plan for a basin or portion thereof.
industrial wastes, or substance which may adversely affect (2) Each planning agency receiving a grant under this such waters.
subsection shall develop a comprehensive pollution control (b) PLANNING FOR RESERVOIRS; STORAGE FOR REGULATION plan for the basin or portion thereof which OF STREAMFLOW (A) is consistent with any applicable water quality (1) In the survey or planning of any reservoir by the Corps standards, effluent and other limitations, and thermal of Engineers, Bureau of Reclamation, or other Federal discharge regulations established pursuant to current law agency, consideration shall be given to inclusion of storage within the basin; for regulation of streamflow, except that any such storage (B) recommends such treatment works as will provide the and water releases shall not be provided as a substitute for most effective and economical means of collection, storage, adequate treatment or other methods of controlling waste at treatment, and elimination of pollutants and recommends the source.
means to encourage both municipal and industrial use of (2) The need for and the value of storage for regulation of such works; streamflow (other than for water quality) including but not (C) recommends maintenance and improvement of water limited to navigation, salt water intrusion, recreation, quality within the basin or portion thereof and recommends esthetics, and fish and wildlife, shall be determined by the methods of adequately financing those facilities as may be Corps of Engineers, Bureau of Reclamation, or other necessary to implement the plan; and Federal agencies.
(D) as appropriate, is developed in cooperation with, and is (3) The need for, the value of, and the impact of, storage for consistent with any comprehensive plan prepared by the water quality control shall be determined by the Water Resources Council, any areawide waste management Administrator, and his views on these matters shall be set plans developed pursuant to section 1288 of this title, and forth in any report or presentation to Congress proposing any State plan developed pursuant to section 1313(e) of this authorization or construction of any reservoir including such title.
storage.
(3) For the purposes of this subsection the term basin (4) The value of such storage shall be taken into account in includes, but is not limited to, rivers and their tributaries, determining the economic value of the entire project of streams, coastal waters, sounds, estuaries, bays, lakes, and which it is a part, and costs shall be allocated to the purpose portions thereof as well as the lands drained thereby.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 COOPERATION; INVESTIGATIONS; WATER QUALITY SURVEILLANCE SYSTEM; REPORTSThe Administrator shall SEC. XXX. [33 U.S.C. 1252a ] RESERVOIR PROJECTS, establish national programs for the prevention, reduction, WATER STORAGE; MODIFICATION; STORAGE FOR OTHER and elimination of pollution and as part of such programs THAN FOR WATER QUALITY, OPINION OF FEDERAL AGENCY, shall COMMITTEE RESOLUTIONS OF APPROVAL; PROVISIONS INAPPLICABLE TO PROJECTS WITH CERTAIN PRESCRIBED (1) in cooperation with other Federal, State, and local WATER QUALITY BENEFITS IN RELATION TO TOTAL agencies, conduct and promote the coordination and PROJECT BENEFITS acceleration of, research, investigations, experiments, In the case of any reservoir project authorized for training, demonstrations, surveys, and studies relating to the construction by the Corps of Engineers, Bureau of causes, effects, extent, prevention, reduction, and Reclamation, or other Federal agency when the elimination of pollution; Administrator of the Environmental Protection Agency (2) encourage, cooperate with, and render technical services determines pursuant to section 1252(b) of this title that any to pollution control agencies and other appropriate public or storage in such project for regulation of streamflow for private agencies, institutions, and organizations, and water quality is not needed, or is needed in a different individuals, including the general public, in the conduct of amount, such project may be modified accordingly by the activities referred to in paragraph (1) of this subsection; head of the appropriate agency, and any storage no longer (3) conduct, in cooperation with State water pollution required for water quality may be utilized for other control agencies and other interested agencies, organizations authorized purposes of the project when, in the opinion of and persons, public investigations concerning the pollution the head of such agency, such use is justified. Any such of any navigable waters, and report on the results of such modification of a project where the benefits attributable to investigations; water quality are 15 per centum or more but not greater than (4) establish advisory committees composed of recognized 25 per centum of the total project benefits shall take effect experts in various aspects of pollution and representatives of only upon the adoption of resolutions approving such the public to assist in the examination and evaluation of modification by the appropriate committees of the Senate research progress and proposals and to avoid duplication of and House of Representatives. The provisions of the section research; shall not apply to any project where the benefits attributable to water quality exceed 25 per centum of the total project (5) in cooperation with the States, and their political benefits. subdivisions, and other Federal agencies establish, equip, and maintain a water quality surveillance system for the purpose of monitoring the quality of the navigable waters SEC. 103. [33 U.S.C. 1253] INTERSTATE COOPERATION and ground waters and the contiguous zone and the oceans AND UNIFORM LAWS and the Administrator shall, to the extent practicable, (a) The Administrator shall encourage cooperative activities conduct such surveillance by utilizing the resources of the by the States for the prevention, reduction, and elimination National Aeronautics and Space Administration, the of pollution, encourage the enactment of improved and, so National Oceanic and Atmospheric Administration, the far as practicable, uniform State laws relating to the United States Geological Survey, and the Coast Guard, and prevention, reduction, and elimination of pollution; and shall report on such quality in the report required under encourage compacts between States for the prevention and subsection (a) of section 1375 of this title; and control of pollution. (6) initiate and promote the coordination and acceleration of (b) The consent of the Congress is hereby given to two or research designed to develop the most effective practicable more States to negotiate and enter into agreements or tools and techniques for measuring the social and economic compacts, not in conflict with any law or treaty of the costs and benefits of activities which are subject to United States, for (1) cooperative effort and mutual regulation under this chapter; and shall transmit a report on assistance for the prevention and control of pollution and the the results of such research to the Congress not later than enforcement of their respective laws relating thereto, and (2) January 1, 1974.
the establishment of such agencies, joint or otherwise, as (b) AUTHORIZED ACTIVITIES OF ADMINISTRATORIn they may deem desirable for making effective such carrying out the provisions of subsection (a) of this section agreements and compacts. No such agreement or compact the Administrator is authorized to shall be binding or obligatory upon any State a party thereto (1) collect and make available, through publications and unless and until it has been approved by the Congress.
other appropriate means, the results of and other information, including appropriate recommendations by him SEC. 104. [33 U.S.C. 1254] RESEARCH, INVESTIGATIONS, in connection therewith, pertaining to such research and TRAINING, AND INFORMATION other activities referred to in paragraph (1) of subsection (a)
(a) ESTABLISHMENT OF NATIONAL PROGRAMS; of this section; (2) cooperate with other Federal departments and agencies, State water pollution control agencies, interstate agencies,
Not enacted as part of the Federal Water Pollution Control Act.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 other public and private agencies, institutions, organizations, laboratory and research facilities, including, but not limited industries involved, and individuals, in the preparation and to, one to be located in the northeastern area of the United conduct of such research and other activities referred to in States, one in the Middle Atlantic area, one in the paragraph (1) of subsection (a) of this section; southeastern area, one in the midwestern area, one in the (3) make grants to State water pollution control agencies, southwestern area, one in the Pacific Northwest, and one in interstate agencies, other public or nonprofit private the State of Alaska, for the conduct of research, agencies, institutions, organizations, and individuals, for investigations, experiments, field demonstrations and purposes stated in paragraph (1) of subsection (a) of this studies, and training relating to the prevention, reduction section; and elimination of pollution. Insofar as practicable, each such facility shall be located near institutions of higher (4) contract with public or private agencies, institutions, learning in which graduate training in such research might organizations, and individuals, without regard to section be carried out. In conjunction with the development of 3324(a) and (b) of Title 31 and section 5 of Title 41, criteria under section 1343 of this title, the Administrator referred to in paragraph (1) of subsection (a) of this section; shall construct the facilities authorized for the National (5) establish and maintain research fellowships at public or Marine Water Quality Laboratory established under this nonprofit private educational institutions or research subsection.
organizations; (f) GREAT LAKES WATER QUALITY RESEARCHThe (6) collect and disseminate, in cooperation with other Administrator shall conduct research and technical Federal departments and agencies, and with other public or development work, and make studies, with respect to the private agencies, institutions, and organizations having quality of the waters of the Great Lakes, including an related responsibilities, basic data on chemical, physical, analysis of the present and projected future water quality of and biological effects of varying water quality and other the Great Lakes under varying conditions of waste treatment information pertaining to pollution and the prevention, and disposal, an evaluation of the water quality needs of reduction, and elimination thereof; and those to be served by such waters, an evaluation of (7) develop effective and practical processes, methods, and municipal, industrial, and vessel waste treatment and prototype devices for the prevention, reduction, and disposal practices with respect to such waters, and a study of elimination of pollution. alternate means of solving pollution problems (including (c) RESEARCH AND STUDIES ON HARMFUL EFFECTS OF additional waste treatment measures) with respect to such POLLUTANTS; COOPERATION WITH SECRETARY OF HEALTH waters.
AND HUMAN SERVICESIn carrying out the provisions of (g) TREATMENT WORKS PILOT TRAINING PROGRAMS; subsection (a) of this section the Administrator shall EMPLOYMENT NEEDS FORECASTING; TRAINING PROJECTS conduct research on, and survey the results of other AND GRANTS; RESEARCH FELLOWSHIPS; TECHNICAL scientific studies on, the harmful effects on the health or TRAINING; REPORT TO THE PRESIDENT AND TRANSMITTAL TO welfare of persons caused by pollutants. In order to avoid CONGRESS duplication of effort, the Administrator shall, to the extent (1) For the purpose of providing an adequate supply of practicable, conduct such research in cooperation with and trained personnel to operate and maintain existing and through the facilities of the Secretary of Health and Human future treatment works and related activities, and for the Services. purpose of enhancing substantially the proficiency of those (d) SEWAGE TREATMENT; IDENTIFICATION AND engaged in such activities, the Administrator shall finance MEASUREMENT OF EFFECTS OF POLLUTANTS; AUGMENTED pilot programs, in cooperation with State and interstate STREAMFLOWIn carrying out the provisions of this section agencies, municipalities, educational institutions, and other the Administrator shall develop and demonstrate under organizations and individuals, of manpower development varied conditions (including conducting such basic and and training and retraining of persons in, on entering into, applied research, studies, and experiments as may be the field of operation and maintenance of treatment works necessary): and related activities. Such program and any funds (1) Practicable means of treating municipal sewage, and expended for such a program shall supplement, not other waterborne wastes to implement the requirements of supplant, other manpower and training programs and funds section 1281 of this title; available for the purposes of this paragraph. The Administrator is authorized, under such terms and (2) Improved methods and procedures to identify and conditions as he deems appropriate, to enter into agreements measure the effects of pollutants, including those pollutants with one or more States, acting jointly or severally, or with created by new technological developments; and other public or private agencies or institutions for the (3) Methods and procedures for evaluating the effects on development and implementation of such a program.
water quality of augmented streamflows to control pollution (2) The Administrator is authorized to enter into agreements not susceptible to other means of prevention, reduction, or with public and private agencies and institutions, and elimination. individuals to develop and maintain an effective system for (e) FIELD LABORATORY AND RESEARCH FACILITIESThe forecasting the supply of, and demand for, various Administrator shall establish, equip, and maintain field professional and other occupational categories needed for FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 the prevention, reduction, and elimination of pollution in agencies and organizations and individuals.
each region, State, or area of the United States and, from (j) SOLID WASTE DISPOSAL EQUIPMENT FOR VESSELSThe time to time, to publish the results of such forecasts. Secretary of the department in which the Coast Guard is (3) In furtherance of the purposes of this chapter, the operating shall engage in such research, studies, Administrator is authorized to experiments, and demonstrations as he deems appropriate (A) make grants to public or private agencies and relative to equipment which is to be installed on board a institutions and to individuals for training projects, and vessel and is designed to receive, retain, treat, or discharge provide for the conduct of training by contract with public human body wastes and the wastes from toilets and other or private agencies and institutions and with individuals receptacles intended to receive or retain body wastes with without regard to section 3324(a) and (b) of Title 31 and particular emphasis on equipment to be installed on small section 5 of Title 41; recreational vessels. The Secretary of the department in which the Coast Guard is operating shall report to Congress (B) establish and maintain research fellowships in the the results of such research, studies, experiments, and Environmental Protection Agency with such stipends and demonstrations prior to the effective date of any regulations allowances, including traveling and subsistence expenses, as established under section 1322 of this title. In carrying out he may deem necessary to procure the assistance of the most this subsection the Secretary of the department in which the promising research fellows; and Coast Guard is operating may enter into contracts with, or (C) provide, in addition to the program established under make grants to, public or private organizations and paragraph (1) of this subsection, training in technical individuals.
matters relating to the causes, prevention, reduction, and (k) LAND ACQUISITIONIn carrying out the provisions of elimination of pollution for personnel of public agencies and this section relating to the conduct by the Administrator of other persons with suitable qualifications.
demonstration projects and the development of field (4) The Administrator shall submit, through the President, a laboratories and research facilities, the Administrator may report to the Congress not later than December 31, 1973, acquire land and interests therein by purchase, with summarizing the actions taken under this subsection and the appropriated or donated funds, by donation, or by exchange effectiveness of such actions, and setting forth the number for acquired or public lands under his jurisdiction which he of persons trained, the occupational categories for which classifies as suitable for disposition. The values of the training was provided, the effectiveness of other Federal, properties so exchanged either shall be approximately equal, State, and local training programs in this field, together with or if they are not approximately equal, the values shall be estimates of future needs, recommendations on improving equalized by the payment of cash to the grantor or to the training programs, and such other information and Administrator as the circumstances require.
recommendations, including legislative recommendations, (l) COLLECTION AND DISSEMINATION OF SCIENTIFIC as he deems appropriate.
KNOWLEDGE ON EFFECTS AND CONTROL OF PESTICIDES IN (h) LAKE POLLUTIONThe Administrator is authorized to WATER enter into contracts with, or make grants to, public or private (1) The Administrator shall, after consultation with agencies and organizations and individuals for (A) the appropriate local, State, and Federal agencies, public and purpose of developing and demonstrating new or improved private organizations, and interested individuals, as soon as methods for the prevention, removal, reduction, and practicable but not later than January 1, 1973, develop and elimination of pollution in lakes, including the undesirable issue to the States for the purpose of carrying out this effects of nutrients and vegetation, and (B) the construction chapter the latest scientific knowledge available in of publicly owned research facilities for such purpose.
indicating the kind and extent of effects on health and (i) OIL POLLUTION CONTROL STUDIESThe Administrator, welfare which may be expected from the presence of in cooperation with the Secretary of the Department in pesticides in the water in varying quantities. He shall revise which the Coast Guard is operating, shall and add to such information whenever necessary to reflect (1) engage in such research, studies, experiments, and developing scientific knowledge.
demonstrations as he deems appropriate, relative to the (2) The President shall, in consultation with appropriate removal of oil from any waters and to the prevention, local, State, and Federal agencies, public and private control, and elimination of oil and hazardous substances organizations, and interested individuals, conduct studies pollution; and investigations of methods to control the release of (2) publish from time to time the results of such activities; pesticides into the environment which study shall include and examination of the persistency of pesticides in the water (3) from time to time, develop and publish in the Federal environment and alternatives thereto. The President shall Register specifications and other technical information on submit reports, from time to time, on such investigations to the various chemical compounds used in the control of oil Congress together with his recommendations for any and hazardous substances spills. necessary legislation.
In carrying out this subsection, the Administrator may enter (m) WASTE OIL DISPOSAL STUDY into contracts with, or make grants to, public or private (1) The Administrator shall, in an effort to prevent FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 degradation of the environment from the disposal of waste connection with open sea and within which the sea water is oil, conduct a study of (A) the generation of used engine, measurably diluted with fresh water derived from land machine, cooling, and similar waste oil, including quantities drainage.
generated, the nature and quality of such oil, present (o) METHODS OF REDUCING TOTAL FLOW OF SEWAGE AND collecting methods and disposal practices, and alternate uses UNNECESSARY WATER CONSUMPTION; REPORTS of such oil; (B) the long-term, chronic biological effects of (1) The Administrator shall conduct research and the disposal of such waste oil; and (C) the potential market investigations on devices, systems, incentives, pricing for such oils, including the economic and legal factors policy, and other methods of reducing the total flow of relating to the sale of products made from such oils, the sewage, including, but not limited to, unnecessary water level of subsidy, if any, needed to encourage the purchase consumption in order to reduce the requirements for, and the by public and private nonprofit agencies of products from costs of, sewage and waste treatment services. Such such oil, and the practicability of Federal procurement, on a research and investigations shall be directed to develop priority basis, of products made from such oil. In devices, systems, policies, and methods capable of conducting such study, the Administrator shall consult with achieving the maximum reduction of unnecessary water affected industries and other persons.
consumption.
(2) The Administrator shall report the preliminary results of (2) The Administrator shall report the preliminary results of such study to Congress within six months after October 18, such studies and investigations to the Congress within one 1972, and shall submit a final report to Congress within 18 year after October 18, 1972, and annually thereafter in the months after such date.
report required under subsection (a) of section 1375 of this (n) COMPREHENSIVE STUDIES OF EFFECTS OF POLLUTION ON title. Such report shall include recommendations for any ESTUARIES AND ESTUARINE ZONES legislation that may be required to provide for the adoption (1) The Administrator shall, in cooperation with the and use of devices, systems, policies, or other methods of Secretary of the Army, the Secretary of Agriculture, the reducing water consumption and reducing the total flow of Water Resources Council, and with other appropriate sewage. Such report shall include an estimate of the benefits Federal, State, interstate, or local public bodies and private to be derived from adoption and use of such devices, organizations, institutions, and individuals, conduct and systems, policies, or other methods and also shall reflect promote, and encourage contributions to, continuing estimates of any increase in private, public, or other cost comprehensive studies of the effects of pollution, including that would be occasioned thereby.
sedimentation, in the estuaries and estuarine zones of the (p) AGRICULTURAL POLLUTIONIn carrying out the United States on fish and wildlife, on sport and commercial provisions of subsection (a) of this section the Administrator fishing, on recreation, on water supply and water power, and shall, in cooperation with the Secretary of Agriculture, other on other beneficial purposes. Such studies shall also Federal agencies, and the States, carry out a comprehensive consider the effect of demographic trends, the exploitation study and research program to determine new and improved of mineral resources and fossil fuels, land and industrial methods and the better application of existing methods of development, navigation, flood and erosion control, and preventing, reducing, and eliminating pollution from other uses of estuaries and estuarine zones upon the agriculture, including the legal, economic, and other pollution of the waters therein. implications of the use of such methods.
(2) In conducting such studies, the Administrator shall (q) SEWAGE IN RURAL AREAS; NATIONAL CLEARINGHOUSE assemble, coordinate, and organize all existing pertinent FOR ALTERNATIVE TREATMENT INFORMATION; information on the Nations estuaries and estuarine zones; CLEARINGHOUSE ON SMALL FLOWS carry out a program of investigations and surveys to (1) The Administrator shall conduct a comprehensive supplement existing information in representative estuaries program of research and investigation and pilot project and estuarine zones; and identify the problems and areas implementation into new and improved methods of where further research and study are required.
preventing, reducing, storing, collecting, treating, or (3) The Administrator shall submit to Congress, from time otherwise eliminating pollution from sewage in rural and to time, reports of the studies authorized by this subsection other areas where collection of sewage in conventional, but at least one such report during any six-year period. communitywide sewage collection systems is impractical, Copies of each such report shall be made available to all uneconomical, or otherwise infeasible, or where soil interested parties, public and private. conditions or other factors preclude the use of septic tank (4) For the purpose of this subsection, the term estuarine and drainage field systems.
zones means an environmental system consisting of an (2) The Administrator shall conduct a comprehensive estuary and those transitional areas which are consistently program of research and investigation and pilot project influenced or affected by water from an estuary such as, but implementation into new and improved methods for the not limited to, salt marshes, coastal and intertidal areas, collection and treatment of sewage and other liquid wastes bays, harbors, lagoons, inshore waters, and channels, and combined with the treatment and disposal of solid wastes.
the term estuary means all or part of the mouth of a river (3) The Administrator shall establish, either within the or stream or other body of water having unimpaired natural FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Environmental Protection Agency, or through contract with consider methods of minimizing adverse effects and an appropriate public or private non-profit organization, a maximizing beneficial effects of thermal discharges. The national clearinghouse which shall (A) receive reports and results of these studies shall be reported by the information resulting from research, demonstrations, and Administrator as soon as practicable, but not later than 270 other projects funded under this chapter related to paragraph days after October 18, 1972, and shall be made available to (1) of this subsection and to subsection (e)(2) of section the public and the States, and considered as they become 1255 of this title; (B) coordinate and disseminate such available by the Administrator in carrying out section 1326 reports and information for use by Federal and State of this title and by the States in proposing thermal water agencies, municipalities, institutions, and persons in quality standards.
developing new and improved methods pursuant to this (u) AUTHORIZATION OF APPROPRIATIONSThere is subsection; and (C) provide for the collection and authorized to be appropriated (1) not to exceed dissemination of reports and information relevant to this $100,000,000 per fiscal year for the fiscal year ending June subsection from other Federal and State agencies, 30, 1973, the fiscal year ending June 30, 1974, and the fiscal institutions, universities, and persons. year ending June 30, 1975, not to exceed $14,039,000 for (4) SMALL FLOWS CLEARINGHOUSENotwithstanding the fiscal year ending September 30, 1980, not to exceed section 1285(d) of this title, from amounts that are set aside $20,697,000 for the fiscal year ending September 30, 1981, for a fiscal year under section 1285(i) of this title and are not to exceed $22,770,000 for the fiscal year ending not obligated by the end of the 24-month period of September 30, 1982, such sums as may be necessary for availability for such amounts under section 1285(d) of this fiscal years 1983 through 1985, and not to exceed title, the Administrator shall make available $1,000,000 or $22,770,000 per fiscal year for each of the fiscal years 1986 such unobligated amount, whichever is less, to support a through 1990, for carrying out the provisions of this section, national clearinghouse within the Environmental Protection other than subsections (g)(1) and (2), (p), (r), and (t) of this Agency to collect and disseminate information on small section, except that such authorizations are not for any flows of sewage and innovative or alternative wastewater research, development, or demonstration activity pursuant to treatment processes and techniques, consistent with such provisions; (2) not to exceed $7,500,000 for fiscal paragraph (3). This paragraph shall apply with respect to years 1973, 1974, and 1975, $2, 000,000 for fiscal year amounts set aside under section 1285(i) of this title for 1977, $3,000,000 for fiscal year 1978, $3,000,000 for fiscal which the 24-month period of availability referred to in the year 1979, $3,000,000 for fiscal year 1980, $3,000,000 for preceding sentence ends on or after September 30, 1986. fiscal year 1981, $3,000,000 for fiscal year 1982, such sums (r) RESEARCH GRANTS TO COLLEGES AND UNIVERSITIES as may be necessary for fiscal years 1983 through 1985, and The Administrator is authorized to make grants to colleges $3,000,000 per fiscal year for each of the fiscal years 1986 and universities to conduct basic research into the structure through 1990, for carrying out the provisions of subsection and function of freshwater aquatic ecosystems, and to (g)(1) of this section; (3) not to exceed $2,500,000 for fiscal improve understanding of the ecological characteristics years 1973, 1974, and 1975, $1,000,000 for fiscal year necessary to the maintenance of the chemical, physical, and 1977, $1,500,000 for fiscal year 1978, $1,500, 000 for fiscal biological integrity of freshwater aquatic ecosystems. year 1979, $1,500,000 for fiscal year 1980, $1, 500,000 for fiscal year 1981, $1,500,000 for fiscal year 1982, such sums (s) RIVER STUDY CENTERSThe Administrator is as may be necessary for fiscal years 1983 through 1985, and authorized to make grants to one or more institutions of
$1,500,000 per fiscal year for each of the fiscal years 1986 higher education (regionally located and to be designated as through 1990, for carrying out the provisions of subsection River Study Centers) for the purpose of conducting and (g)(2) of this section; (4) not to exceed $10,000,000 for each reporting on interdisciplinary studies on the nature of river of the fiscal years ending June 30, 1973, June 30, 1974, and systems, including hydrology, biology, ecology, economics, June 30, 1975, for carrying out the provisions of subsection the relationship between river uses and land uses, and the (p) of this section; (5) not to exceed $15,000,000 per fiscal effects of development within river basins on river systems year for the fiscal years ending June 30, 1973, June 30, and on the value of water resources and water related 1974, and June 30, 1975, for carrying out the provisions of activities. No such grant in any fiscal year shall exceed subsection (r) of this section; and (6) not to exceed
$1,000,000.
$10,000,000 per fiscal year for the fiscal years ending June (t) THERMAL DISCHARGESThe Administrator shall, in 30, 1973, June 30, 1974, and June 30, 1975, for carrying out cooperation with State and Federal agencies and public and the provisions of subsection (t) of this section.
private organizations, conduct continuing comprehensive (v) STUDIES CONCERNING PATHOGEN INDICATORS IN studies of the effects and methods of control of thermal COASTAL RECREATION WATERSNot later than 18 months discharges. In evaluating alternative methods of control the after October 10, 2000, after consultation and in cooperation studies shall consider (1) such data as are available on the with appropriate Federal, State, tribal, and local officials latest available technology, economic feasibility including (including local health officials), the Administrator shall cost-effectiveness analysis, and (2) the total impact on the initiate, and, not later than 3 years after October 10, 2000, environment, considering not only water quality but also air shall complete, in cooperation with the heads of other quality, land use, and effective utilization and conservation Federal agencies, studies to provide additional information of freshwater and other natural resources. Such studies shall FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 for use in developing research and demonstration projects for prevention of (1) an assessment of potential human health risks resulting pollution of any waters by industry including, but not from exposure to pathogens in coastal recreation waters, limited to, the prevention, reduction, and elimination of the including nongastrointestinal effects; discharge of pollutants. No grant shall be made for any project under this subsection unless the Administrator (2) appropriate and effective indicators for improving determines that such project will develop or demonstrate a detection in a timely manner in coastal recreation waters of new or improved method of treating industrial wastes or the presence of pathogens that are harmful to human health; otherwise prevent pollution by industry, which method shall (3) appropriate, accurate, expeditious, and cost-effective have industrywide application.
methods (including predictive models) for detecting in a (d) ACCELERATED AND PRIORITY DEVELOPMENT OF WASTE timely manner in coastal recreation waters the presence of MANAGEMENT AND WASTE TREATMENT METHODS AND pathogens that are harmful to human health; and IDENTIFICATION AND MEASUREMENT METHODSIn carrying (4) guidance for State application of the criteria for out the provisions of this section, the Administrator shall pathogens and pathogen indicators to be published under conduct, on a priority basis, an accelerated effort to develop, section 1314(a)(9) of this title to account for the diversity of refine, and achieve practical application of:
geographic and aquatic conditions.
(1) waste management methods applicable to point and nonpoint sources of pollutants to eliminate the discharge of SEC. 105. [33 U.S.C. 1255] GRANTS FOR RESEARCH AND pollutants, including, but not limited to, elimination of DEVELOPMENT runoff of pollutants and the effects of pollutants from (a) DEMONSTRATION PROJECTS COVERING STORM WATERS, inplace or accumulated sources; ADVANCED WASTE TREATMENT AND WATER PURIFICATION (2) advanced waste treatment methods applicable to point METHODS, AND JOINT TREATMENT SYSTEMS FOR MUNICIPAL and nonpoint sources, including inplace or accumulated AND INDUSTRIAL WASTESThe Administrator is authorized sources of pollutants, and methods for reclaiming and to conduct in the Environmental Protection Agency, and to recycling water and confining pollutants so they will not make grants to any State, municipality, or intermunicipal or migrate to cause water or other environmental pollution; and interstate agency for the purpose of assisting in the (3) improved methods and procedures to identify and development of measure the effects of pollutants on the chemical, physical, (1) any project which will demonstrate a new or improved and biological integrity of water, including those pollutants method of preventing, reducing, and eliminating the created by new technological developments.
discharge into any waters of pollutants from sewers which (e) RESEARCH AND DEMONSTRATION PROJECTS COVERING carry storm water or both storm water and pollutants; or AGRICULTURAL POLLUTION AND POLLUTION FROM SEWAGE (2) any project which will demonstrate advanced waste IN RURAL AREAS; DISSEMINATION OF INFORMATION treatment and water purification methods (including the (1) The Administrator is authorized to (A) make, in temporary use of new or improved chemical additives which consultation with the Secretary of Agriculture, grants to provide substantial immediate improvements to existing persons for research and demonstration projects with respect treatment processes), or new or improved methods of joint to new and improved methods of preventing, reducing, and treatment systems for municipal and industrial wastes; eliminating pollution from agriculture, and (B) disseminate, and to include in such grants such amounts as are necessary in cooperation with the Secretary of Agriculture, such for the purpose of reports, plans, and specifications in information obtained under this subsection, section 1254(p) connection therewith. of this title, and section 1314 of this title as will encourage (b) DEMONSTRATION PROJECTS FOR ADVANCED TREATMENT and enable the adoption of such methods in the agricultural AND ENVIRONMENTAL ENHANCEMENT TECHNIQUES TO industry.
CONTROL POLLUTION IN RIVER BASINSThe Administrator (2) The Administrator is authorized, (A) in consultation is authorized to make grants to any State or States or with other interested Federal agencies, to make grants for interstate agency to demonstrate, in river basins or portions demonstration projects with respect to new and improved thereof, advanced treatment and environmental methods of preventing, reducing, storing, collecting, enhancement techniques to control pollution from all treating, or otherwise eliminating pollution from sewage in sources, within such basins or portions thereof, including rural and other areas where collection of sewage in nonpoint sources, together with in stream [sic] water quality conventional, community-wide sewage collection systems is improvement techniques. impractical, uneconomical, or otherwise infeasible, or where (c) RESEARCH AND DEMONSTRATION PROJECTS FOR soil conditions or other factors preclude the use of septic PREVENTION OF WATER POLLUTION BY INDUSTRYIn order tank and drainage field systems, and (B) in cooperation with to carry out the purposes of section 1311 of this title, the other interested Federal and State agencies, to disseminate Administrator is authorized to (1) conduct in the such information obtained under this subsection as will Environmental Protection Agency, (2) make grants to encourage and enable the adoption of new and improved persons, and (3) enter into contracts with persons, for methods developed pursuant to this subsection.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (f) LIMITATIONSFederal grants under subsection (a) of 1982, such sums as may be necessary for fiscal years 1983 this section shall be subject to the following limitations: through 1985, and $75,000,000 per fiscal year for each of (1) No grant shall be made for any project unless such the fiscal years 1986 through 1990; project shall have been approved by the appropriate State for grants to States and to interstate agencies to assist them water pollution control agency or agencies and by the in administering programs for the prevention, reduction, and Administrator; elimination of pollution, including enforcement directly or (2) No grant shall be made for any project in an amount through appropriate State law enforcement officers or exceeding 75 per centum of cost thereof as determined by agencies.
the Administrator; and (b) ALLOTMENTSFrom the sums appropriated in any fiscal (3) No grant shall be made for any project unless the year, the Administrator shall make allotments to the several Administrator determines that such project will serve as a States and interstate agencies in accordance with regulations useful demonstration for the purpose set forth in clause (1) promulgated by him on the basis of the extent of the or (2) of subsection (a) of this section. pollution problem in the respective States.
(g) MAXIMUM GRANTSFederal grants under subsections (c) MAXIMUM ANNUAL PAYMENTSThe Administrator is (c) and (d) of this section shall not exceed 75 per centum of authorized to pay to each State and interstate agency each the cost of the project. fiscal year either (h) AUTHORIZATION OF APPROPRIATIONSFor the purpose (1) the allotment of such State or agency for such fiscal year of this section there is authorized to be appropriated under subsection (b) of this section, or
$75,000,000 per fiscal year for the fiscal year ending June (2) the reasonable costs as determined by the Administrator 30, 1973, the fiscal year ending June 30, 1974, and the fiscal of developing and carrying out a pollution program by such year ending June 30, 1975, and from such appropriations at State or agency during such fiscal year, least 10 per centum of the funds actually appropriated in which ever amount is the lesser.
each fiscal year shall be available only for the purposes of (d) LIMITATIONSNo grant shall be made under this section subsection (e) of this section.
to any State or interstate agency for any fiscal year when the (i) ASSISTANCE FOR RESEARCH AND DEMONSTRATION expenditure of non-Federal funds by such State or interstate PROJECTSThe Administrator is authorized to make grants agency during such fiscal year for the recurrent expenses of to a municipality to assist in the costs of operating and carrying out its pollution control program are less than the maintaining a project which received a grant under this expenditure by such State or interstate agency of non-section, section 1254 of this title, or section 1263 of this title Federal funds for such recurrent program expenses during prior to December 27, 1977, so as to reduce the operation the fiscal year ending June 30, 1971.
and maintenance costs borne by the recipients of services (e) GRANTS PROHIBITED TO STATES NOT ESTABLISHING from such project to costs comparable to those for projects WATER QUALITY MONITORING PROCEDURES OR ADEQUATE assisted under subchapter II of this chapter.
EMERGENCY AND CONTINGENCY PLANSBeginning in fiscal (j) ASSISTANCE FOR RECYCLE, REUSE, AND LAND year 1974 the Administrator shall not make any grant under TREATMENT PROJECTSThe Administrator is authorized to this section to any State which has not provided or is not make a grant to any grantee who received an increased grant carrying out as a part of its program pursuant to section 1282(a)(2) of this title. Such grant may (1) the establishment and operation of appropriate devices, pay up to 100 per centum of the costs of technical methods, systems, and procedures necessary to monitor, and evaluation of the operation of the treatment works, costs of to compile and analyze data on (including classification training of persons (other than employees of the grantee),
according to eutrophic condition), the quality of navigable and costs of disseminating technical information on the waters and to the extent practicable, ground waters operation of the treatment works.
including biological monitoring; and provision for annually updating such data and including it in the report required SEC. 106. [33 U.S.C. 1256] GRANTS FOR POLLUTION under section 1315 of this title; CONTROL PROGRAMS (2) authority comparable to that in section 1364 of this title (a) AUTHORIZATION OF APPROPRIATIONS FOR STATE AND and adequate contingency plans to implement such INTERSTATE PROGRAMSThere are hereby authorized to be authority.
appropriated the following sums, to remain available until (f) CONDITIONSGrants shall be made under this section on expended, to carry out the purposes of this section condition that (1) $60,000,000 for the fiscal year ending June 30, 1973; (1) Such State (or interstate agency) files with the and Administrator within one hundred and twenty days after (2) $75,000,000 for the fiscal year ending June 30, 1974, October 18, 1972:
and the fiscal year ending June 30, 1975, $100,000,000 per (A) a summary report of the current status of the State fiscal year for the fiscal years 1977, 1978, 1979, and 1980, pollution control program, including the criteria used by the
$75,000,000 per fiscal year for the fiscal years 1981 and State in determining priority of treatment works; and FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (B) such additional information, data, and reports as the conditions Administrator may require. (1) that the State shall acquire any land or interests therein (2) No federally assumed enforcement as defined in section necessary for such project; and 1319(a)(2) of this title is in effect with respect to such State (2) that the State shall provide legal and practical protection or interstate agency. to the project area to insure against any activities which will (3) Such State (or interstate agency) submits within one cause future acid or other mine water pollution.
hundred and twenty days after October 18, 1972, and before (e) AUTHORIZATION OF APPROPRIATIONSThere is October 1 of each year thereafter for the Administrators authorized to be appropriated $30,000,000 to carry out the approval of its program for the prevention, reduction, and provisions of this section, which sum shall be available until elimination of pollution in accordance with purposes and expended.
provisions of this chapter in such form and content as the Administrator may prescribe.
(g) REALLOTMENT OF UNPAID ALLOTMENTSAny sums SEC. XXX. [33 U.S.C. 1257a] STATE DEMONSTRATION allotted under subsection (b) of this section in any fiscal PROGRAMS FOR CLEANUP OF ABANDONED MINES FOR USE year which are not paid shall be reallotted by the AS WASTE DISPOSAL SITES; AUTHORIZATION OF Administrator in accordance with regulations promulgated APPROPRIATIONS by him. The Administrator of the Environmental Protection Agency is authorized to make grants to States to undertake a demonstration program for the cleanup of State-owned SEC. 107. [33 U.S.C. 1257] MINE WATER POLLUTION abandoned mines which can be used as hazardous waste CONTROL DEMONSTRATIONS disposal sites. The State shall pay 10 per centum of project (a) COMPREHENSIVE APPROACHES TO ELIMINATION OR costs. At a minimum, the Administrator shall undertake CONTROL OF MINE WATER POLLUTIONThe Administrator projects under such program in the States of Ohio, Illinois, in cooperation with the Appalachian Regional Commission and West Virginia. There are authorized to be appropriated and other Federal agencies is authorized to conduct, to make $10,000,000 per fiscal year for each of the fiscal years grants for, or to contract for, projects to demonstrate ending September 30, 1982, September 30, 1983, and comprehensive approaches to the elimination or control of September 30, 1984, to carry out this section. Such projects acid or other mine water pollution resulting from active or shall be undertaken in accordance with all applicable laws abandoned mining operations and other environmental and regulations.
pollution affecting water quality within all or part of a watershed or river basin, including siltation from surface mining. Such projects shall demonstrate the engineering and SEC. 108. [33 U.S.C. 1258] POLLUTION CONTROL IN economic feasibility and practicality of various abatement GREAT LAKES techniques which will contribute substantially to effective (a) DEMONSTRATION PROJECTSThe Administrator, in and practical methods of acid or other mine water pollution cooperation with other Federal departments, agencies, and elimination or control, and other pollution affecting water instrumentalities is authorized to enter into agreements with quality, including techniques that demonstrate the any State, political subdivision, interstate agency, or other engineering and economic feasibility and practicality of public agency, or combination thereof, to carry out one or using sewage sludge materials and other municipal wastes more projects to demonstrate new methods and techniques to diminish or prevent pollution affecting water quality from and to develop preliminary plans for the elimination or acid, sedimentation, or other pollutants and in such projects control of pollution, within all or any part of the watersheds to restore affected lands to usefulness for forestry, of the Great Lakes. Such projects shall demonstrate the agriculture, recreation, or other beneficial purposes. engineering and economic feasibility and practicality of removal of pollutants and prevention of any polluting matter (b) CONSISTENCY OF PROJECTS WITH OBJECTIVES OF from entering into the Great Lakes in the future and other APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 reduction and remedial techniques which will contribute Prior to undertaking any demonstration project under this substantially to effective and practical methods of pollution section in the Appalachian region (as defined in section prevention, reduction, or elimination.
14102 of Title 40), the Appalachian Regional Commission shall determine that such demonstration project is consistent (b) CONDITIONS OF FEDERAL PARTICIPATIONFederal with the objectives of subtitle IV of Title 40. participation in such projects shall be subject to the condition that the State, political subdivision, interstate (c) WATERSHED SELECTIONThe Administrator, in agency, or other public agency, or combination thereof, selecting watersheds for the purposes of this section, shall shall pay not less than 25 per centum of the actual project be satisfied that the project area will not be affected costs, which payment may be in any form, including, but adversely by the influx of acid or other mine water pollution not limited to, land or interests therein that is needed for the from nearby sources.
project, and personal property or services the value of which (d) CONDITIONS UPON FEDERAL PARTICIPATIONFederal participation in such projects shall be subject to the Not enacted as part of the Federal Water Pollution Control Act.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 shall be determined by the Administrator. (B) training and retraining of faculty members; (c) AUTHORIZATION OF APPROPRIATIONSThere is (C) conduct of short-term or regular session institutes for authorized to be appropriated $20,000,000 to carry out the study by persons engaged in, or preparing to engage in, the provisions of subsections (a) and (b) of this section, which preparation of students preparing to enter an occupation sum shall be available until expended. involving the operation and maintenance of treatment (d) LAKE ERIE DEMONSTRATION PROGRAM (1) In works; recognition of the serious conditions which exist in Lake (D) carrying out innovative and experimental programs of Erie, the Secretary of the Army, acting through the Chief of cooperative education involving alternate periods of full-Engineers, is directed to design and develop a demonstration time or part-time academic study at the institution and waste water management program for the rehabilitation and periods of full-time or part-time employment involving the environmental repair of Lake Erie. Prior to the initiation of operation and maintenance of treatment works; and detailed engineering and design, the program, along with the (E) research into, and development of, methods of training specific recommendations of the Chief of Engineers, and students or faculty, including the preparation of teaching recommendations for its financing, shall be submitted to the materials and the planning of curriculum.
Congress for statutory approval. This authority is in addition (b)(1) The Administrator may pay 100 per centum of any to, and not in lieu of, other waste water studies aimed at additional cost of construction of treatment works required eliminating pollution emanating from select sources around for a facility to train and upgrade waste treatment works Lake Erie.
operation and maintenance personnel and for the costs of (2) This program is to be developed in cooperation with the other State treatment works operator training programs, Environmental Protection Agency, other interested including mobile training units, classroom rental, departments, agencies, and instrumentalities of the Federal specialized instructors, and instructional material.
Government, and the States and their political subdivisions.
(2) The Administrator shall make no more than one grant This program shall set forth alternative systems for for such additional construction in any State (to serve a managing waste water on a regional basis and shall provide group of States, where, in his judgment, efficient training local and State governments with a range of choice as to the programs require multi-State programs), and shall make type of system to be used for the treatment of waste water.
such grant after consultation with and approval by the State These alternative systems shall include both advanced waste or States on the basis of (A) the suitability of such facility treatment technology and land disposal systems including for training operation and maintenance personnel for aerated treatment-spray irrigation technology and will also treatment works throughout such State or States; and (B) a include provisions for the disposal of solid wastes, including commitment by the State agency or agencies to carry out at sludge. Such program should include measures to control such facility a program of training approved by the point sources of pollution, area sources of pollution, Administrator. In any case where a grant is made to serve including acid-mine drainage, urban runoff and rural runoff, two or more States, the Administrator is authorized to make and in place sources of pollution, including bottom loads, an additional grant for a supplemental facility in each such sludge banks, and polluted harbor dredgings.
State.
(e) AUTHORIZATION OF APPROPRIATIONS FOR LAKE ERIE (3) The Administrator may make such grant out of the sums DEMONSTRATION PROGRAMThere is authorized to be allocated to a State under section 1285 of this title, except appropriated $5,000,000 to carry out the provisions of that in no event shall the Federal cost of any such training subsection (d) of this section, which sum shall be available facilities exceed $500,000.
until expended.
(4) The Administrator may exempt a grant under this section from any requirement under section 1284(a)(3) of this title.
SEC. 109. [33 U.S.C. 1259] TRAINING GRANTS AND Any grantee who received a grant under this section prior to CONTRACTS enactment of the Clean Water Act of 1977 shall be eligible (a) The Administrator is authorized to make grants to or to have its grant increased by funds made available under contracts with institutions of higher education, or such Act.
combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the preparation of undergraduate SEC. 110. [33 U.S.C. 1260] APPLICATIONS; ALLOCATION students to enter an occupation which involves the design, (1) A grant or contract authorized by section 1259 of this operation, and maintenance of treatment works, and other title may be made only upon application to the facilities whose purpose is water quality control. Such Administrator at such time or times and containing such grants or contracts may include payment of all or part of the information as he may prescribe, except that no such cost of programs or projects such as application shall be approved unless it (A) planning for the development or expansion of programs (A) sets forth programs, activities, research, or development or projects for training persons in the operation and for which a grant is authorized under section 1259 of this maintenance of treatment works; title and describes the relation to any program set forth by the applicant in an application, if any, submitted pursuant to FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 section 1261 of this title; (3) The Administrator shall approve a program of any (B) provides such fiscal control and fund accounting institution of higher education for the purposes of this procedures as may be necessary to assure proper section only upon application by the institution and only disbursement of and accounting for Federal funds paid to upon his finding the applicant under this section; and (A) that such program has a principal objective the (C) provides for making such reports, in such form and education and training of persons in the operation and containing such information, as the Administrator may maintenance of treatment works; require to carry out his functions under this section, and for (B) that such program is in effect and of high quality, or can keeping such records and for affording such access thereto be readily put into effect and may reasonably be expected to as the Administrator may find necessary to assure the be of high quality; correctness and verification of such reports. (C) that the application describes the relation of such (2) The Administrator shall allocate grants or contracts program to any program, activity, research, or development under section 1259 of this title in such manner as will most set forth by the applicant in an application, if any, submitted nearly provide an equitable distribution of the grants or pursuant to section 1260 of this title; and contracts throughout the United States among institutions of (D) that the application contains satisfactory assurances that higher education which show promise of being able to use (i) the institution will recommend to the Administrator for funds effectively for the purpose of this section. the award of scholarships under this section, for study in (3)(A) Payments under this section may be used in such program, only persons who have demonstrated to the accordance with regulations of the Administrator, and satisfaction of the institution a serious intent, upon subject to the terms and conditions set forth in an completing the program, to enter an occupation involving application approved under paragraph (1), to pay part of the the operation and maintenance of treatment works, and (ii) compensation of students employed in connection with the the institution will make reasonable continuing efforts to operation and maintenance of treatment works, other than as encourage recipients of scholarships under this section, an employee in connection with the operation and enrolled in such program, to enter occupations involving the maintenance of treatment works or as an employee in any operation and maintenance of treatment works upon branch of the Government of the United States, as part of a completing the program.
program for which a grant has been approved pursuant to (4)(A) The Administrator shall pay to persons awarded this section. scholarships under this section such stipends (including (B) Departments and agencies of the United States are such allowances for subsistence and other expenses for such encouraged, to the extent consistent with efficient persons and their dependents) as he may determine to be administration, to enter into arrangements with institutions consistent with prevailing practices under comparable of higher education for the full-time, part-time, or temporary federally supported programs.
employment, whether in the competitive or excepted (B) The Administrator shall (in addition to the stipends paid service, of students enrolled in programs set forth in to persons under paragraph (1)) pay to the institution of applications approved under paragraph (1). higher education at which such person is pursuing his course of study such amount as he may determine to be consistent with prevailing practices under comparable SEC. 111. [33 U.S.C. 1261] SCHOLARSHIPS federally supported programs.
(1) The Administrator is authorized to award scholarships in accordance with the provisions of this section for (5) A person awarded a scholarship under the provisions of undergraduate study by persons who plan to enter an this section shall continue to receive the payments provided occupation involving the operation and maintenance of in this section only during such periods as the Administrator treatment works. Such scholarships shall be awarded for finds that he is maintaining satisfactory proficiency and such periods as the Administrator may determine but not to devoting full time to study or research in the field in which exceed four academic years. such scholarship was awarded in an institution of higher education, and is not engaging in gainful employment other (2) The Administrator shall allocate scholarships under this than employment approved by the Administrator by or section among institutions of higher education with pursuant to regulation.
programs approved under the provisions of this section for the use of individuals accepted into such programs in such (6) The Administrator shall by regulation provide that any manner and according to such plan as will insofar as person awarded a scholarship under this section shall agree practicable in writing to enter and remain in an occupation involving the design, operation, or maintenance of treatment works for (A) provide an equitable distribution of such scholarships such period after completion of his course of studies as the throughout the United States; and Administrator determines appropriate.
(B) attract recent graduates of secondary schools to enter an occupation involving the operation and maintenance of treatment works.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 SEC. 112. [33 U.S.C. 1262] DEFINITIONS AND (c) Omitted AUTHORIZATIONS (d) AUTHORIZATION OF APPROPRIATIONSThere is (a) As used in sections 1259 through 1262 of this title authorized to be appropriated not to exceed $2,000,000 to (1) The term institution of higher education means an carry out this section. In addition, there is authorized to be educational institution described in the first sentence of appropriated to carry out this section not to exceed $200,000 section 1001 of Title 20 (other than an institution of any for the fiscal year ending September 30, 1978, and $220,000 agency of the United States) which is accredited by a for the fiscal year ending September 30, 1979.
nationally recognized accrediting agency or association (e) STUDY TO DEVELOP COMPREHENSIVE PROGRAM FOR approved by the Administrator for this purpose. For ACHIEVING SANITATION SERVICES; REPORT TO CONGRESS purposes of this subsection, the Administrator shall publish The Administrator is authorized to coordinate with the a list of nationally recognized accrediting agencies or Secretary of the Department of Health and Human Services, associations which he determines to be reliable authority as the Secretary of the Department of Housing and Urban to the quality of training offered. Development, the Secretary of the Department of the (2) The term academic year means an academic year or its Interior, the Secretary of the Department of Agriculture, and equivalent, as determined by the Administrator. the heads of any other departments or agencies he may (b) The Administrator shall annually report his activities deem appropriate to conduct a joint study with under sections 1259 through 1262 of this title, including representatives of the State of Alaska and the appropriate recommendations for needed revisions in the provisions Native organizations (as defined in Public Law 92-203) to thereof. develop a comprehensive program for achieving adequate sanitation services in Alaska villages. This study shall be (c) There are authorized to be appropriated $25,000,000 per coordinated with the programs and projects authorized by fiscal year for the fiscal years ending June 30, 1973, June sections 1254(q) and 1255(e)(2) of this title. The 30, 1974, and June 30, 1975, $6,000,000 for the fiscal year Administrator shall submit a report of the results of the ending September 30, 1977, $7,000,000 for the fiscal year study, together with appropriate supporting data and such ending September 30, 1978, $7,000,000 for the fiscal year recommendations as he deems desirable, to the Committee ending September 30, 1979, $7,000,000 for the fiscal year on Environment and Public Works of the Senate and to the ending September 30, 1980, $7,000,000 for the fiscal year Committee on Public Works and Transportation of the ending September 30, 1981, $7,000,000 for the fiscal year House of Representatives not later than December 31, 1979.
ending September 30, 1982, such sums as may be necessary The Administrator shall also submit recommended for fiscal years 1983 through 1985, and $7,000,000 per administrative actions, procedures, and any proposed fiscal year for each of the fiscal years 1986 through 1990, to legislation necessary to implement the recommendations of carry out sections 1259 through 1262 of this title.
the study no later than June 30, 1980.
(f) TECHNICAL, FINANCIAL, AND MANAGEMENT SEC. 113. [33 U.S.C. 1263] ALASKA VILLAGE ASSISTANCEThe Administrator is authorized to provide DEMONSTRATION PROJECTS technical, financial and management assistance for (a) CENTRAL COMMUNITY FACILITIES FOR SAFE WATER; operation and maintenance of the demonstration projects ELIMINATION OR CONTROL OF POLLUTIONThe constructed under this section, until such time as the Administrator is authorized to enter into agreements with recommendations of subsection (e) of this section are the State of Alaska to carry out one or more projects to implemented.
demonstrate methods to provide for central community (g) VILLAGE AND SANITATION SERVICES DEFINEDFor facilities for safe water and elimination or control of the purpose of this section, the term village shall mean an pollution in those native villages of Alaska without such incorporated or unincorporated community with a facilities. Such project shall include provisions for population of ten to six hundred people living within a two-community safe water supply systems, toilets, bathing and mile radius. The term sanitation services shall mean water laundry facilities, sewage disposal facilities, and other supply, sewage disposal, solid waste disposal and other similar facilities, and educational and informational services necessary to maintain generally accepted standards facilities and programs relating to health and hygiene. Such of personal hygiene and public health.
demonstration projects shall be for the further purpose of developing preliminary plans for providing such safe water and such elimination or control of pollution for all native SEC. 114. [33 U.S.C. 1264] OMITTED villages in such State.
(b) UTILIZATION OF PERSONNEL AND FACILITIES OF SEC. 115. [33 U.S.C. 1265] IN-PLACE TOXIC POLLUTANTS DEPARTMENT OF HEALTH AND HUMAN SERVICESIn The Administrator is directed to identify the location of in-carrying out this section the Administrator shall cooperate place pollutants with emphasis on toxic pollutants in harbors with the Secretary of Health and Human Services for the and navigable waterways and is authorized, acting through purpose of utilizing such of the personnel and facilities of the Secretary of the Army, to make contracts for the that Department as may be appropriate. removal and appropriate disposal of such materials from FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 critical port and harbor areas. There is authorized to be Executive Council.
appropriated $15,000,000 to carry out the provisions of this (3) CHESAPEAKE BAY ECOSYSTEMThe term Chesapeake section, which sum shall be available until expended. Bay ecosystem means the ecosystem of the Chesapeake Bay and its watershed.
SEC. 116. [33 U.S.C. 1266] HUDSON RIVER (4) CHESAPEAKE BAY PROGRAMThe term Chesapeake RECLAMATION DEMONSTRATION PROJECT Bay Program means the program directed by the (a) The Administrator is authorized to enter into contracts Chesapeake Executive Council in accordance with the and other agreements with the State of New York to carry Chesapeake Bay Agreement.
out a project to demonstrate methods for the selective (5) CHESAPEAKE EXECUTIVE COUNCILThe term removal of polychlorinated biphenyls contaminating bottom Chesapeake Executive Council means the signatories to sediments of the Hudson River, treating such sediments as the Chesapeake Bay Agreement.
required, burying such sediments in secure landfills, and (6) SIGNATORY JURISDICTIONThe term signatory installing monitoring systems for such landfills. Such jurisdiction means a jurisdiction of a signatory to the demonstration project shall be for the purpose of Chesapeake Bay Agreement.
determining the feasibility of indefinite storage in secure (b) CONTINUATION OF CHESAPEAKE BAY PROGRAM landfills of toxic substances and of ascertaining the improvement of the rate of recovery of a toxic contaminated (1) IN GENERALIn cooperation with the Chesapeake national waterway. No pollutants removed pursuant to this Executive Council (and as a member of the Council), the paragraph shall be placed in any landfill unless the Administrator shall continue the Chesapeake Bay Program.
Administrator first determines that disposal of the pollutants (2) PROGRAM OFFICE in such landfill would provide a higher standard of (A) IN GENERALThe Administrator shall maintain in the protection of the public health, safety, and welfare than Environmental Protection Agency a Chesapeake Bay disposal of such pollutants by any other method including, Program Office.
but not limited to, incineration or a chemical destruction process. (B) FUNCTIONThe Chesapeake Bay Program Office shall provide support to the Chesapeake Executive Council by (b) The Administrator is authorized to make grants to the State of New York to carry out this section from funds (i) implementing and coordinating science, research, allotted to such State under section 1285(a) of this title, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program; except that the amount of any such grant shall be equal to 75 per centum of the cost of the project and such grant shall be (ii) developing and making available, through publications, made on condition that non-Federal sources provide the technical assistance, and other appropriate means, remainder of the cost of such project. The authority of this information pertaining to the environmental quality and section shall be available until September 30, 1983. Funds living resources of the Chesapeake Bay ecosystem; allotted to the State of New York under section 1285(a) of (iii) in cooperation with appropriate Federal, State, and local this title shall be available under this subsection only to the authorities, assisting the signatories to the Chesapeake Bay extent that funds are not available, as determined by the Agreement in developing and implementing specific action Administrator, to the State of New York for the work plans to carry out the responsibilities of the signatories to authorized by this section under section 1265 or 1321 of this the Chesapeake Bay Agreement; title or a comprehensive hazardous substance response and (iv) coordinating the actions of the Environmental clean up fund. Any funds used under the authority of this Protection Agency with the actions of the appropriate subsection shall be deducted from any estimate of the needs officials of other Federal agencies and State and local of the State of New York prepared under section 1375(b) of authorities in developing strategies to this title. The Administrator may not obligate or expend more than $20,000,000 to carry out this section. (I) improve the water quality and living resources in the Chesapeake Bay ecosystem; and (II) obtain the support of the appropriate officials of the SEC. 117. [33 U.S.C. 1267] CHESAPEAKE BAY agencies and authorities in achieving the objectives of the (a) DEFINITIONSIn this section, the following definitions Chesapeake Bay Agreement; and apply: (v) implementing outreach programs for public information, (1) ADMINISTRATIVE COSTThe term administrative cost education, and participation to foster stewardship of the means the cost of salaries and fringe benefits incurred in resources of the Chesapeake Bay.
administering a grant under this section. (c) INTERAGENCY AGREEMENTSThe Administrator may (2) CHESAPEAKE BAY AGREEMENTThe term Chesapeake enter into an interagency agreement with a Federal agency Bay Agreement means the formal, voluntary agreements to carry out this section.
executed to achieve the goal of restoring and protecting the (d) TECHNICAL ASSISTANCE AND ASSISTANCE GRANTS Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and signed by the Chesapeake (1) IN GENERALIn cooperation with the Chesapeake Executive Council, the Administrator may provide technical FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 assistance, and assistance grants, to nonprofit organizations, (4) FEDERAL SHAREThe Federal share of a grant under State and local governments, colleges, universities, and this subsection shall not exceed 50 percent of the cost of interstate agencies to carry out this section, subject to such implementing the management mechanisms during the terms and conditions as the Administrator considers fiscal year.
appropriate. (5) NON-FEDERAL SHAREA grant under this subsection (2) FEDERAL SHARE shall be made on the condition that non-Federal sources (A) IN GENERALExcept as provided in subparagraph (B), provide the remainder of the costs of implementing the the Federal share of an assistance grant provided under management mechanisms during the fiscal year.
paragraph (1) shall be determined by the Administrator in (6) ADMINISTRATIVE COSTSAdministrative costs shall not accordance with guidance issued by the Administrator. exceed 10 percent of the annual grant award.
(B) SMALL WATERSHED GRANTS PROGRAMThe Federal (7) REPORTINGOn or before October 1 of each fiscal year, share of an assistance grant provided under paragraph (1) to the Administrator shall make available to the public a carry out an implementing activity under subsection (g)(2) document that lists and describes, in the greatest practicable of this section shall not exceed 75 percent of eligible project degree of detail costs, as determined by the Administrator. (A) all projects and activities funded for the fiscal year; (3) NON-FEDERAL SHAREAn assistance grant under (B) the goals and objectives of projects funded for the paragraph (1) shall be provided on the condition that non- previous fiscal year; and Federal sources provide the remainder of eligible project (C) the net benefits of projects funded for previous fiscal costs, as determined by the Administrator.
years.
(4) ADMINISTRATIVE COSTSAdministrative costs shall not (f) FEDERAL FACILITIES AND BUDGET COORDINATION exceed 10 percent of the annual grant award.
(1) SUBWATERSHED PLANNING AND RESTORATIONA (e) IMPLEMENTATION AND MONITORING GRANTS Federal agency that owns or operates a facility (as defined (1) IN GENERALIf a signatory jurisdiction has approved by the Administrator) within the Chesapeake Bay watershed and committed to implement all or substantially all aspects shall participate in regional and subwatershed planning and of the Chesapeake Bay Agreement, on the request of the restoration programs.
chief executive of the jurisdiction, the Administrator (2) COMPLIANCE WITH AGREEMENTThe head of each (A) shall make a grant to the jurisdiction for the purpose of Federal agency that owns or occupies real property in the implementing the management mechanisms established Chesapeake Bay watershed shall ensure that the property, under the Chesapeake Bay Agreement, subject to such terms and actions taken by the agency with respect to the property, and conditions as the Administrator considers appropriate; comply with the Chesapeake Bay Agreement, the Federal and Agencies Chesapeake Ecosystem Unified Plan, and any (B) may make a grant to a signatory jurisdiction for the subsequent agreements and plans.
purpose of monitoring the Chesapeake Bay ecosystem. (3) BUDGET COORDINATION (2) PROPOSALS (A) IN GENERALAs part of the annual budget submission (A) IN GENERALA signatory jurisdiction described in of each Federal agency with projects or grants related to paragraph (1) may apply for a grant under this subsection restoration, planning, monitoring, or scientific investigation for a fiscal year by submitting to the Administrator a of the Chesapeake Bay ecosystem, the head of the agency comprehensive proposal to implement management shall submit to the President a report that describes plans for mechanisms established under the Chesapeake Bay the expenditure of the funds under this section.
Agreement. (B) DISCLOSURE TO THE COUNCILThe head of each (B) CONTENTSA proposal under subparagraph (A) shall agency referred to in subparagraph (A) shall disclose the include report under that subparagraph with the Chesapeake (i) a description of proposed management mechanisms that Executive Council as appropriate.
the jurisdiction commits to take within a specified time (g) CHESAPEAKE BAY PROGRAM period, such as reducing or preventing pollution in the (1) MANAGEMENT STRATEGIESThe Administrator, in Chesapeake Bay and its watershed or meeting applicable coordination with other members of the Chesapeake water quality standards or established goals and objectives Executive Council, shall ensure that management plans are under the Chesapeake Bay Agreement; and developed and implementation is begun by signatories to the (ii) the estimated cost of the actions proposed to be taken Chesapeake Bay Agreement to achieve and maintain during the fiscal year. (A) the nutrient goals of the Chesapeake Bay Agreement for (3) APPROVALIf the Administrator finds that the proposal the quantity of nitrogen and phosphorus entering the is consistent with the Chesapeake Bay Agreement and the Chesapeake Bay and its watershed; national goals established under section 1251(a) of this title, (B) the water quality requirements necessary to restore the Administrator may approve the proposal for an award. living resources in the Chesapeake Bay ecosystem; FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (C) the Chesapeake Bay Basinwide Toxins Reduction and 2000, the Administrator shall commence a 5-year special Prevention Strategy goal of reducing or eliminating the study with full participation of the scientific community of input of chemical contaminants from all controllable sources the Chesapeake Bay to establish and expand understanding to levels that result in no toxic or bioaccumulative impact on of the response of the living resources of the Chesapeake the living resources of the Chesapeake Bay ecosystem or on Bay ecosystem to improvements in water quality that have human health; resulted from investments made through the Chesapeake (D) habitat restoration, protection, creation, and Bay Program.
enhancement goals established by Chesapeake Bay (2) REQUIREMENTSThe study shall Agreement signatories for wetlands, riparian forests, and (A) determine the current status and trends of living other types of habitat associated with the Chesapeake Bay resources, including grasses, benthos, phytoplankton, ecosystem; and zooplankton, fish, and shellfish; (E) the restoration, protection, creation, and enhancement (B) establish to the extent practicable the rates of recovery goals established by the Chesapeake Bay Agreement of the living resources in response to improved water quality signatories for living resources associated with the condition; Chesapeake Bay ecosystem.
(C) evaluate and assess interactions of species, with (2) SMALL WATERSHED GRANTS PROGRAMThe particular attention to the impact of changes within and Administrator, in cooperation with the Chesapeake among trophic levels; and Executive Council, shall (D) recommend management actions to optimize the return (A) establish a small watershed grants program as part of of a healthy and balanced ecosystem in response to the Chesapeake Bay Program; and improvements in the quality and character of the waters of (B) offer technical assistance and assistance grants under the Chesapeake Bay.
subsection (d) of this section to local governments and (j) AUTHORIZATION OF APPROPRIATIONSThere is nonprofit organizations and individuals in the Chesapeake authorized to be appropriated to carry out this section Bay region to implement $40,000,000 for each of fiscal years 2001 through 2005.
(i) cooperative tributary basin strategies that address the Such sums shall remain available until expended.
water quality and living resource needs in the Chesapeake Bay ecosystem; and SEC. 118. [33 U.S.C. 1268] GREAT LAKES (ii) locally based protection and restoration programs or (a) FINDINGS, PURPOSE, AND DEFINITIONS projects within a watershed that complement the tributary basin strategies, including the creation, restoration, (1) FINDINGSThe Congress finds that protection, or enhancement of habitat associated with the (A) the Great Lakes are a valuable national resource, Chesapeake Bay ecosystem. continuously serving the people of the United States and (h) STUDY OF CHESAPEAKE BAY PROGRAM other nations as an important source of food, fresh water, recreation, beauty, and enjoyment; (1) IN GENERALNot later than April 22, 2003, and every 5 years thereafter, the Administrator, in coordination with the (B) the United States should seek to attain the goals Chesapeake Executive Council, shall complete a study and embodied in the Great Lakes Water Quality Agreement of submit to Congress a comprehensive report on the results of 1978, as amended by the Water Quality Agreement of 1987 the study. and any other agreements and amendments, with particular emphasis on goals related to toxic pollutants; and (2) REQUIREMENTSThe study and report shall (C) the Environmental Protection Agency should take the (A) assess the state of the Chesapeake Bay ecosystem; lead in the effort to meet those goals, working with other (B) compare the current state of the Chesapeake Bay Federal agencies and State and local authorities.
ecosystem with its state in 1975, 1985, and 1995; (2) PURPOSEIt is the purpose of this section to achieve the (C) assess the effectiveness of management strategies being goals embodied in the Great Lakes Water Quality implemented on November 7, 2000, and the extent to which Agreement of 1978, as amended by the Water Quality the priority needs are being met; Agreement of 1987 and any other agreements and (D) make recommendations for the improved management amendments, through improved organization and definition of the Chesapeake Bay Program either by strengthening of mission on the part of the Agency, funding of State grants strategies being implemented on November 7, 2000, or by for pollution control in the Great Lakes area, and improved adopting new strategies; and accountability for implementation of such agreement.
(E) be presented in such a format as to be readily (3) DEFINITIONSFor purposes of this section, the term transferable to and usable by other watershed restoration (A) Agency means the Environmental Protection Agency; programs.
(B) Great Lakes means Lake Ontario, Lake Erie, Lake (i) SPECIAL STUDY OF LIVING RESOURCE RESPONSE Huron (including Lake St. Clair), Lake Michigan, and Lake (1) IN GENERALNot later than 180 days after November 7, Superior, and the connecting channels (Saint Marys River, FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Saint Clair River, Detroit River, Niagara River, and Saint Canadian members of the International Joint Commission Lawrence River to the Canadian Border); and the Canadian counterpart to the Agency; (C) Great Lakes System means all the streams, rivers, (D) coordinate actions of the Agency (including actions by lakes, and other bodies of water within the drainage basin of headquarters and regional offices thereof) aimed at the Great Lakes; improving Great Lakes water quality; and (D) Program Office means the Great Lakes National (E) coordinate actions of the Agency with the actions of Program Office established by this section; other Federal agencies and State and local authorities, so as (E) Research Office means the Great Lakes Research to ensure the input of those agencies and authorities in Office established by subsection (d) of this section; developing water quality strategies and obtain the support of those agencies and authorities in achieving the objectives of (F) area of concern means a geographic area located such agreement.
within the Great Lakes, in which beneficial uses are impaired and which has been officially designated as such (2) GREAT LAKES WATER QUALITY GUIDANCE under Annex 2 of the Great Lakes Water Quality (A) By June 30, 1991, the Administrator, after consultation Agreement; with the Program Office, shall publish in the Federal (G) Great Lakes States means the States of Illinois, Register for public notice and comment proposed water Indiana, Michigan, Minnesota, New York, Ohio, quality guidance for the Great Lakes System. Such guidance Pennsylvania, and Wisconsin; shall conform with the objectives and provisions of the Great Lakes Water Quality Agreement, shall be no less (H) Great Lakes Water Quality Agreement means the restrictive than the provisions of this chapter and national bilateral agreement, between the United States and Canada water quality criteria and guidance, shall specify numerical which was signed in 1978 and amended by the Protocol of limits on pollutants in ambient Great Lakes waters to protect 1987; human health, aquatic life, and wildlife, and shall provide (I) Lakewide Management Plan means a written guidance to the Great Lakes States on minimum water document which embodies a systematic and comprehensive quality standards, antidegradation policies, and ecosystem approach to restoring and protecting the implementation procedures for the Great Lakes System.
beneficial uses of the open waters of each of the Great (B) By June 30, 1992, the Administrator, in consultation Lakes, in accordance with article VI and Annex 2 of the with the Program Office, shall publish in the Federal Great Lakes Water Quality Agreement; and Register, pursuant to this section and the Administrators (J) Remedial Action Plan means a written document authority under this chapter, final water quality guidance for which embodies a systematic and comprehensive ecosystem the Great Lakes System.
approach to restoring and protecting the beneficial uses of (C) Within two years after such Great Lakes guidance is areas of concern, in accordance with article VI and Annex 2 published, the Great Lakes States shall adopt water quality of the Great Lakes Water Quality Agreement.
standards, antidegradation policies, and implementation (b) GREAT LAKES NATIONAL PROGRAM OFFICEThe Great procedures for waters within the Great Lakes System which Lakes National Program Office (previously established by are consistent with such guidance. If a Great Lakes State the Administrator) is hereby established within the Agency. fails to adopt such standards, policies, and procedures, the The Program Office shall be headed by a Director who, by Administrator shall promulgate them not later than the end reason of management experience and technical expertise of such two-year period. When reviewing any Great Lakes relating to the Great Lakes, is highly qualified to direct the States water quality plan, the agency shall consider the development of programs and plans on a variety of Great extent to which the State has complied with the Great Lakes Lakes issues. The Great Lakes National Program Office guidance issued pursuant to this section.
shall be located in a Great Lakes State.
(3) REMEDIAL ACTION PLANS (c) GREAT LAKES MANAGEMENT (A) For each area of concern for which the United States has (1) FUNCTIONSThe Program Office shall agreed to draft a Remedial Action Plan, the Program Office (A) in cooperation with appropriate Federal, State, tribal, shall ensure that the Great Lakes State in which such area of and international agencies, and in accordance with section concern is located 1251(e) of this title, develop and implement specific action (i) submits a Remedial Action Plan to the Program Office plans to carry out the responsibilities of the United States by June 30, 1991; under the Great Lakes Water Quality Agreement of 1978, as (ii) submits such Remedial Action Plan to the International amended by the Water Quality Agreement of 1987 and any Joint Commission by January 1, 1992; and other agreements and amendments,; [sic]
(iii) includes such Remedial Action Plans within the States (B) establish a Great Lakes system-wide surveillance water quality plan by January 1, 1993.
network to monitor the water quality of the Great Lakes, with specific emphasis on the monitoring of toxic (B) For each area of concern for which Canada has agreed pollutants; to draft a Remedial Action Plan, the Program Office shall, pursuant to subparagraph (c)(1)(C) of this section, work (C) serve as the liaison with, and provide information to, the FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 with Canada to assure the submission of such Remedial other sources and, in consultation with the Great Lakes Action Plans to the International Joint Commission by June States, shall identify weaknesses in Federal and State 30, 1991, and to finalize such Remedial Action Plans by programs and systems to prevent and respond to such spills.
January 1, 1993. This information shall be included on at least a biennial (C) For any area of concern designated as such subsequent basis in the report required by this section.
to November 16, 1990, the Program Office shall (i) if the (6) 5-YEAR PLAN AND PROGRAMThe Program Office shall United States has agreed to draft the Remedial Action Plan, develop, in consultation with the States, a five-year plan and ensure that the Great Lakes State in which such area of program for reducing the amount of nutrients introduced concern is located submits such Plan to the Program Office into the Great Lakes. Such program shall incorporate any within two years of the areas designation, submits it to the management program for reducing nutrient runoff from International Joint Commission no later than six months nonpoint sources established under section 1329 of this title after submitting it to the Program Office, and includes such and shall include a program for monitoring nutrient runoff Plan in the States water quality plan no later than one year into, and ambient levels in, the Great Lakes.
after submitting it to the Commission; and (ii) if Canada has (7) 5-YEAR STUDY AND DEMONSTRATION PROJECTS agreed to draft the Remedial Action Plan, work with (A) The Program Office shall carry out a five-year study Canada, pursuant to subparagraph (c)(1)(C) of this section, and demonstration projects relating to the control and to ensure the submission of such Plan to the International removal of toxic pollutants in the Great Lakes, with Joint Commission within two years of the areas designation emphasis on the removal of toxic pollutants from bottom and the finalization of such Plan no later than eighteen sediments. In selecting locations for conducting months after submitting it to such Commission.
demonstration projects under this paragraph, priority (D) The Program Office shall compile formal comments on consideration shall be given to projects at the following individual Remedial Action Plans made by the International locations: Saginaw Bay, Michigan; Sheboygan Harbor, Joint Commission pursuant to section 4(d) of Annex 2 of the Wisconsin; Grand Calumet River, Indiana; Ashtabula River, Great Lakes Water Quality Agreement and, upon request by Ohio; and Buffalo River, New York.
a member of the public, shall make such comments (B) The Program Office shall available for inspection and copying. The Program Office shall also make available, upon request, formal comments (i) by December 31, 1990, complete chemical, physical, and made by the Environmental Protection Agency on biological assessments of the contaminated sediments at the individual Remedial Action Plans. locations selected for the study and demonstration projects; (E) REPORTNot later than 1 year after the date of (ii) by December 31, 1990, announce the technologies that enactment of this subparagraph, the Administrator shall will be demonstrated at each location and the numerical submit to Congress a report on such actions, time periods, standard of protection intended to be achieved at each and resources as are necessary to fulfill the duties of the location; Agency relating to oversight of Remedial Action Plans (iii) by December 31, 1992, complete full or pilot scale under demonstration projects on site at each location of promising (i) this paragraph; and technologies to remedy contaminated sediments; and (ii) the Great Lakes Water Quality Agreement. (iv) by December 31, 1993, issue a final report to Congress on its findings.
(4) LAKEWIDE MANAGEMENT PLANSThe Administrator, in consultation with the Program Office shall (C) The Administrator, after providing for public review and comment, shall publish information concerning the public (A) by January 1, 1992, publish in the Federal Register a health and environmental consequences of contaminants in proposed Lakewide Management Plan for Lake Michigan Great Lakes sediment. Information published pursuant to and solicit public comments; this subparagraph shall include specific numerical limits to (B) by January 1, 1993, submit a proposed Lakewide protect health, aquatic life, and wildlife from the Management Plan for Lake Michigan to the International bioaccumulation of toxins. The Administrator shall, at a Joint Commission for review; and minimum, publish information pursuant to this (C) by January 1, 1994, publish in the Federal Register a subparagraph within 2 years of November 16, 1990.
final Lakewide Management Plan for Lake Michigan and (8) ADMINISTRATORS RESPONSIBILITYThe Administrator begin implementation. shall ensure that the Program Office enters into agreements Nothing in this subparagraph shall preclude the with the various organizational elements of the Agency simultaneous development of Lakewide Management Plans involved in Great Lakes activities and the appropriate State for the other Great Lakes. agencies specifically delineating (5) SPILLS OF OIL AND HAZARDOUS MATERIALSThe (A) the duties and responsibilities of each such element in Program Office, in consultation with the Coast Guard, shall the Agency with respect to the Great Lakes; identify areas within the Great Lakes which are likely to (B) the time periods for carrying out such duties and experience numerous or voluminous spills of oil or other responsibilities; and hazardous materials from land based facilities, vessels, or FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (C) the resources to be committed to such duties and period including the expected termination of dumping at the responsibilities. site, the anticipated need for site management, including (9) BUDGET ITEMThe Administrator shall, in the pollution control, following the termination of the use of the Agencys annual budget submission to Congress, include a site.
funding request for the Program Office as a separate budget (D) The plan shall identify a schedule for review and line item. revision of the plan which shall not be less frequent than (10) COMPREHENSIVE REPORTWithin 90 days after the five years after adoption of the plan and every five years end of each fiscal year, the Administrator shall submit to thereafter.
Congress a comprehensive report which (12) REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS (A) describes the achievements in the preceding fiscal year OF CONCERN in implementing the Great Lakes Water Quality Agreement (A) IN GENERALIn accordance with this paragraph, the of 1978, as amended by the Water Quality Agreement of Administrator, acting through the Program Office, may 1987 and any other agreements and amendments, and shows carry out projects that meet the requirements of by categories (including judicial enforcement, research, subparagraph (B).
State cooperative efforts, and general administration) the (B) ELIGIBLE PROJECTSA project meets the requirements amounts expended on Great Lakes water quality initiatives of this subparagraph if the project is to be carried out in an in such preceding fiscal year; area of concern located wholly or partially in the United (B) describes the progress made in such preceding fiscal States and the project year in implementing the system of surveillance of the water (i) monitors or evaluates contaminated sediment; quality in the Great Lakes System, including the monitoring (ii) subject to subparagraph (D), implements a plan to of groundwater and sediment, with particular reference to remediate contaminated sediment; or toxic pollutants; (iii) prevents further or renewed contamination of sediment.
(C) describes the long-term prospects for improving the condition of the Great Lakes; and (C) PRIORITYIn selecting projects to carry out under this paragraph, the Administrator shall give priority to a project (D) provides a comprehensive assessment of the planned that efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement of (i) constitutes remedial action for contaminated sediment; 1978, as amended by the Water Quality Agreement of 1987 (ii)(I) has been identified in a Remedial Action Plan and any other agreements and amendments,, [sic] which submitted under paragraph (3); and assessment shall (II) is ready to be implemented; (i) show by categories (including judicial enforcement, (iii) will use an innovative approach, technology, or research, State cooperative efforts, and general technique that may provide greater environmental benefits, administration) the amount anticipated to be expended on or equivalent environmental benefits at a reduced cost; or Great Lakes water quality initiatives in the fiscal year to which the assessment relates; and (iv) includes remediation to be commenced not later than 1 year after the date of receipt of funds for the project.
(ii) include a report of current programs administered by (D) LIMITATIONThe Administrator may not carry out a other Federal agencies which make available resources to the Great Lakes water quality management efforts. project under this paragraph for remediation of contaminated sediments located in an area of concern (11) CONFINED DISPOSAL FACILITIES (i) if an evaluation of remedial alternatives for the area of (A) The Administrator, in consultation with the Assistant concern has not been conducted, including a review of the Secretary of the Army for Civil Works, shall develop and short-term and long-term effects of the alternatives on implement, within one year of November 16, 1990, human health and the environment; or management plans for every Great Lakes confined disposal facility. (ii) if the Administrator determines that the area of concern is likely to suffer significant further or renewed (B) The plan shall provide for monitoring of such facilities, contamination from existing sources of pollutants causing including sediment contamination following completion of the project.
(i) water quality at the site and in the area of the site; (E) NON-FEDERAL SHARE (ii) sediment quality at the site and in the area of the site; (i) IN GENERALThe non-Federal share of the cost of a (iii) the diversity, productivity, and stability of aquatic project carried out under this paragraph shall be at least 35 organisms at the site and in the area of the site; and percent.
(iv) such other conditions as the Administrator deems (ii) IN-KIND CONTRIBUTIONSThe non-Federal share of the appropriate. cost of a project carried out under this paragraph may (C) The plan shall identify the anticipated use and include the value of in-kind services contributed by a non-management of the site over the following twenty-year Federal sponsor.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (iii) NON-FEDERAL SHAREThe non-Federal share of the Lakes system with respect to such issues.
cost of a project carried out under this paragraph (3) INVENTORYThe Research Office shall identify and (I) may include monies paid pursuant to, or the value of any inventory Federal, State, university, and tribal in-kind service performed under, an administrative order on environmental research programs (and, to the extent consent or judicial consent decree; but feasible, those of private organizations and other nations)
(II) may not include any funds paid pursuant to, or the value relating to the Great Lakes system, and shall update that of any in-kind service performed under, a unilateral inventory every four years.
administrative order or court order. (4) RESEARCH EXCHANGEThe Research Office shall (iv) OPERATION AND MAINTENANCEThe non-Federal establish a Great Lakes research exchange for the purpose of share of the cost of the operation and maintenance of a facilitating the rapid identification, acquisition, retrieval, project carried out under this paragraph shall be 100 dissemination, and use of information concerning research percent. projects which are ongoing or completed and which affect the Great Lakes System.
(F) MAINTENANCE OF EFFORTThe Administrator may not carry out a project under this paragraph unless the non- (5) RESEARCH PROGRAMThe Research Office shall Federal sponsor enters into such agreements with the develop, in cooperation with the Coordination Office, a Administrator as the Administrator may require to ensure comprehensive environmental research program and data that the non-Federal sponsor will maintain its aggregate base for the Great Lakes system. The data base shall expenditures from all other sources for remediation include, but not be limited to, data relating to water quality, programs in the area of concern in which the project is fisheries, and biota.
located at or above the average level of such expenditures in (6) MONITORINGThe Research Office shall conduct, the 2 fiscal years preceding the date on which the project is through the Great Lakes Environmental Research initiated. Laboratory, the National Sea Grant College program, other (G) COORDINATIONIn carrying out projects under this Federal laboratories, and the private sector, appropriate paragraph, the Administrator shall coordinate with the research and monitoring activities which address priority Secretary of the Army, and with the Governors of States in issues and current needs relating to the Great Lakes.
which the projects are located, to ensure that Federal and (7) LOCATIONThe Research Office shall be located in a State assistance for remediation in areas of concern is used Great Lakes State.
as efficiently as practicable. (e) RESEARCH AND MANAGEMENT COORDINATION (H) AUTHORIZATION OF APPROPRIATIONS (1) JOINT PLANBefore October 1 of each year, the (i) IN GENERALIn addition to other amounts authorized Program Office and the Research Office shall prepare a joint under this section, there is authorized to be appropriated to research plan for the fiscal year which begins in the carry out this paragraph $50,000,000 for each of fiscal years following calendar year.
2004 through 2008. (2) CONTENTS OF PLANEach plan prepared under (ii) AVAILABILITYFunds made available under clause (i) paragraph (1) shall shall remain available until expended. (A) identify all proposed research dedicated to activities (13) PUBLIC INFORMATION PROGRAM conducted under the Great Lakes Water Quality Agreement (A) IN GENERALThe Administrator, acting through the of 1978, as amended by the Water Quality Agreement of Program Office and in coordination with States, Indian 1987 and any other agreements and amendments,; [sic]
tribes, local governments, and other entities, may carry out a (B) include the Agencys assessment of priorities for public information program to provide information relating research needed to fulfill the terms of such Agreement; and to the remediation of contaminated sediment to the public in (C) identify all proposed research that may be used to areas of concern that are located wholly or partially in the develop a comprehensive environmental data base for the United States. Great Lakes System and establish priorities for development (B) AUTHORIZATION OF APPROPRIATIONSThere is of such data base.
authorized to be appropriated to carry out this paragraph (3) HEALTH RESEARCH REPORT
$1,000,000 for each of fiscal years 2004 through 2008.
(A) Not later than September 30, 1994, the Program Office, (d) GREAT LAKES RESEARCH in consultation with the Research Office, the Agency for (1) ESTABLISHMENT OF RESEARCH OFFICEThere is Toxic Substances and Disease Registry, and Great Lakes established within the National Oceanic and Atmospheric States shall submit to the Congress a report assessing the Administration the Great Lakes Research Office. adverse effects of water pollutants in the Great Lakes (2) IDENTIFICATION OF ISSUESThe Research Office shall System on the health of persons in Great Lakes States and identify issues relating to the Great Lakes resources on the health of fish, shellfish, and wildlife in the Great Lakes which research is needed. The Research Office shall submit System. In conducting research in support of this report, the a report to Congress on such issues before the end of each Administrator may, where appropriate, provide for research fiscal year which shall identify any changes in the Great to be conducted under cooperative agreements with Great FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Lakes States. and detail such additional staff as may be necessary to carry (B) There is authorized to be appropriated to the out the duties of the Director under this section.
Administrator to carry out this section not to exceed (c) DUTIES OF OFFICEThe Office shall assist the
$3,000,000 for each of fiscal years 1992, 1993, and 1994. Management Conference of the Long Island Sound Study in (f) INTERAGENCY COOPERATIONThe head of each carrying out its goals. Specifically, the Office shall department, agency, or other instrumentality of the Federal (1) assist and support the implementation of the Government which is engaged in, is concerned with, or has Comprehensive Conservation and Management Plan for authority over programs relating to research, monitoring, Long Island Sound developed pursuant to section 1330 of and planning to maintain, enhance, preserve, or rehabilitate this title, including efforts to establish, within the process the environmental quality and natural resources of the Great for granting watershed general permits, a system for Lakes, including the Chief of Engineers of the Army, the promoting innovative methodologies and technologies that Chief of the Soil Conservation Service, the Commandant of are cost-effective and consistent with the goals of the Plan; the Coast Guard, the Director of the Fish and Wildlife (2) conduct or commission studies deemed necessary for Service, and the Administrator of the National Oceanic and strengthened implementation of the Comprehensive Atmospheric Administration, shall submit an annual report Conservation and Management Plan including, but not to the Administrator with respect to the activities of that limited to agency or office affecting compliance with the Great Lakes (A) population growth and the adequacy of wastewater Water Quality Agreement of 1978, as amended by the treatment facilities, Water Quality Agreement of 1987 and any other agreements and amendments,. [sic] (B) the use of biological methods for nutrient removal in sewage treatment plants, (g) RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND INTERNATIONAL TREATIESNothing in this section (C) contaminated sediments, and dredging activities, shall be construed (D) nonpoint source pollution abatement and land use (1) to affect the jurisdiction, powers, or prerogatives of any activities in the Long Island Sound watershed, department, agency, or officer of the Federal Government or (E) wetland protection and restoration, of any State government, or of any tribe, nor any powers, (F) atmospheric deposition of acidic and other pollutants jurisdiction, or prerogatives of any international body into Long Island Sound, created by treaty with authority relating to the Great Lakes; (G) water quality requirements to sustain fish, shellfish, and or wildlife populations, and the use of indicator species to (2) to affect any other Federal or State authority that is being assess environmental quality, used or may be used to facilitate the cleanup and protection of the Great Lakes. (H) State water quality programs, for their adequacy pursuant to implementation of the Comprehensive (h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS Conservation and Management Plan, and There are authorized to be appropriated to the Administrator to carry out this section not to exceed (I) options for long-term financing of wastewater treatment projects and water pollution control programs.
(1) $11,000,000 per fiscal year for the fiscal years 1987, (3) coordinate the grant, research and planning programs 1988, 1989, and 1990, and $25,000,000 for fiscal year 1991; authorized under this section; (2) such sums as are necessary for each of fiscal years 1992 through 2003; and (4) coordinate activities and implementation responsibilities with other Federal agencies which have jurisdiction over (3) $25,000,000 for each of fiscal years 2004 through 2008. Long Island Sound and with national and regional marine monitoring and research programs established pursuant to the Marine Protection, Research, and Sanctuaries Act [16 SEC. 119. [33 U.S.C. 1269] LONG ISLAND SOUND U.S.C. §§ 1431 et seq., 1447 et seq.; 33 U.S.C. §§ 1401 et (a) OFFICE OF MANAGEMENT CONFERENCE OF THE LONG seq., 2801 et seq.];
ISLAND SOUND STUDYThe Administrator shall continue the Management Conference of the Long Island Sound (5) provide administrative and technical support to the Study (hereinafter referred to as the Conference) as conference; established pursuant to section 1330 of this title, and shall (6) collect and make available to the public publications, establish an office (hereinafter referred to as the Office) to and other forms of information the conference determines to be located on or near Long Island Sound. be appropriate, relating to the environmental quality of Long (b) ADMINISTRATION AND STAFFING OF OFFICEThe Office Island Sound; shall be headed by a Director, who shall be detailed by the (7) not more than two years after the date of the issuance of Administrator, following consultation with the the final Comprehensive Conservation and Management Administrators of EPA regions I and II, from among the Plan for Long Island Sound under section 1330 of this title, employees of the Agency who are in civil service. The and biennially thereafter, issue a report to the Congress Administrator shall delegate to the Director such authority which FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (A) summarizes the progress made by the States in SEC. 120. [33 U.S.C. 1270] LAKE CHAMPLAIN BASIN implementing the Comprehensive Conservation and PROGRAM Management Plan; (a) ESTABLISHMENT (B) summarizes any modifications to the Comprehensive (1) IN GENERALThere is established a Lake Champlain Conservation and Management Plan in the twelve-month Management Conference to develop a comprehensive period immediately preceding such report; and pollution prevention, control, and restoration plan for Lake (C) incorporates specific recommendations concerning the Champlain. The Administrator shall convene the implementation of the Comprehensive Conservation and management conference within ninety days of November Management Plan; and 16, 1990.
(8) convene conferences and meetings for legislators from (2) IMPLEMENTATIONThe Administrator State governments and political subdivisions thereof for the (A) may provide support to the State of Vermont, the State purpose of making recommendations for coordinating of New York, and the New England Interstate Water legislative efforts to facilitate the environmental restoration Pollution Control Commission for the implementation of the of Long Island Sound and the implementation of the Lake Champlain Basin Program; and Comprehensive Conservation and Management Plan. (B) shall coordinate actions of the Environmental Protection (d) GRANTS Agency under subparagraph (A) with the actions of other (1) The Administrator is authorized to make grants for appropriate Federal agencies.;
projects and studies which will help implement the Long (b) MEMBERSHIPThe Members of the Management Island Sound Comprehensive Conservation and Conference shall be comprised of Management Plan. Special emphasis shall be given to (1) the Governors of the States of Vermont and New York; implementation, research and planning, enforcement, and (2) each interested Federal agency, not to exceed a total of citizen involvement and education.
five members; (2) State, interstate, and regional water pollution control (3) the Vermont and New York Chairpersons of the agencies, and other public or nonprofit private agencies, Vermont, New York, Quebec Citizens Advisory Committee institutions, and organizations held to be eligible for grants for the Environmental Management of Lake Champlain; pursuant to this subsection.
(4) four representatives of the State legislature of Vermont; (3) Citizen involvement and citizen education grants under this subsection shall not exceed 95 per centum of the costs (5) four representatives of the State legislature of New of such work. All other grants under this subsection shall York; not exceed 50 per centum of the research, studies, or work. (6) six persons representing local governments having All grants shall be made on the condition that the non- jurisdiction over any land or water within the Lake Federal share of such costs are provided from non-Federal Champlain basin, as determined appropriate by the sources. Governors; and (e) ASSISTANCE TO DISTRESSED COMMUNITIES (7) eight persons representing affected industries, (1) ELIGIBLE COMMUNITIESFor the purposes of this nongovernmental organizations, public and private subsection, a distressed community is any community that educational institutions, and the general public, as meets affordability criteria established by the State in which determined appropriate by the trigovernmental Citizens the community is located, if such criteria are developed after Advisory Committee for the Environmental Management of public review and comment. Lake Champlain, but not to be current members of the Citizens Advisory Committee.
(2) PRIORITYIn making assistance available under this section for the upgrading of wastewater treatment facilities, (c) TECHNICAL ADVISORY COMMITTEE the Administrator may give priority to a distressed (1) The Management Conference shall, not later than one community. hundred and twenty days after November 16, 1990, appoint (f) AUTHORIZATIONS a Technical Advisory Committee.
(1) There is authorized to be appropriated to the (2) Such Technical Advisory Committee shall consist of Administrator for the implementation of this section, other officials of: appropriate departments and agencies of the than subsection (d) of this section, such sums as may be Federal Government; the State governments of New York necessary for each of the fiscal years 2001 through 2010. and Vermont; and governments of political subdivisions of such States; and public and private research institutions.
(2) There is authorized to be appropriated to the Administrator for the implementation of subsection (d) of (d) RESEARCH PROGRAMThe Management Conference this section not to exceed $40,000,000 for each of fiscal shall establish a multi-disciplinary environmental research years 2001 through 2010. program for Lake Champlain. Such research program shall be planned and conducted jointly with the Lake Champlain Research Consortium.
(e) POLLUTION PREVENTION, CONTROL, AND RESTORATION FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 PLAN supporting work necessary for the development and (1) Not later than three years after November 16, 1990, the implementation of the Plan.
Management Conference shall publish a pollution (3) The amount of grants to any person under this prevention, control, and restoration plan for Lake subsection for a fiscal year shall not exceed 75 per centum Champlain. of the costs of such research, survey, study and work and (2) The Plan developed pursuant to this section shall shall be made available on the condition that non-Federal share of such costs are provided from non-Federal sources.
(A) identify corrective actions and compliance schedules addressing point and nonpoint sources of pollution (4) The Administrator may establish such requirements for necessary to restore and maintain the chemical, physical, the administration of grants as he determines to be and biological integrity of water quality, a balanced, appropriate.
indigenous population of shellfish, fish and wildlife, (g) DEFINITIONSIn this section:
recreational, and economic activities in and on the lake; (1) LAKE CHAMPLAIN BASIN PROGRAMThe term Lake (B) incorporate environmental management concepts and Champlain Basin Program means the coordinated efforts programs established in State and Federal plans and among the Federal Government, State governments, and programs in effect at the time of the development of such local governments to implement the Plan.
plan; (2) LAKE CHAMPLAIN DRAINAGE BASINThe term Lake (C) clarify the duties of Federal and State agencies in Champlain drainage basin means all or part of Clinton, pollution prevention and control activities, and to the extent Franklin, Hamilton, Warren, Essex, and Washington allowable by law, suggest a timetable for adoption by the counties in the State of New York and all or part of appropriate Federal and State agencies to accomplish such Franklin, Grand Isle, Chittenden, Addison, Rutland, duties within a reasonable period of time; Bennington, Lamoille, Orange, Washington, Orleans, and (D) describe the methods and schedules for funding of Caledonia counties in Vermont, that contain all of the programs, activities, and projects identified in the Plan, streams, rivers, lakes, and other bodies of water, including including the use of Federal funds and other sources of wetlands, that drain into Lake Champlain.
funds; (3) PLANThe term Plan means the plan developed (E) include a strategy for pollution prevention and control under subsection (e) of this section.
that includes the promotion of pollution prevention and (h) NO EFFECT ON CERTAIN AUTHORITYNothing in this management practices to reduce the amount of pollution section generated in the Lake Champlain basin; and (1) affects the jurisdiction or powers of (F) be reviewed and revised, as necessary, at least once (A) any department or agency of the Federal Government or every 5 years, in consultation with the Administrator and any State government; or other appropriate Federal agencies.
(B) any international organization or entity related to Lake (3) The Administrator, in cooperation with the Management Champlain created by treaty or memorandum to which the Conference, shall provide for public review and comment United States is a signatory; on the draft Plan. At a minimum, the Management (2) provides new regulatory authority for the Environmental Conference shall conduct one public meeting to hear Protection Agency; or comments on the draft plan in the State of New York and one such meeting in the State of Vermont. (3) affects section 304 of the Great Lakes Critical Programs Act of 1990 (Public Law 101-596; 33 U.S.C. 1270 note).
(4) Not less than one hundred and twenty days after the publication of the Plan required pursuant to this section, the (i) AUTHORIZATIONThere are authorized to be Administrator shall approve such plan if the plan meets the appropriated to the Environmental Protection Agency to requirements of this section and the Governors of the States carry out this section of New York and Vermont concur. (1) $2,000,000 for each of fiscal years 1991, 1992, 1993, (5) Upon approval of the plan, such plan shall be deemed to 1994, and 1995; be an approved management program for the purposes of (2) such sums as are necessary for each of fiscal years 1996 section 1329(h) of this title and such plan shall be deemed to through 2003; and be an approved comprehensive conservation and (3) $11,000,000 for each of fiscal years 2004 through 2008.
management plan pursuant to section 1330 of this title.
(f) GRANT ASSISTANCE (1) The Administrator may, in consultation with participants SEC. XXX. [33 U.S.C. 1271] SEDIMENT SURVEY AND MONITORING in the Lake Champlain Basin Program, make grants to State, interstate, and regional water pollution control agencies, and (a) SURVEY public or nonprofit agencies, institutions, and organizations. (1) IN GENERALThe Administrator, in consultation with (2) Grants under this subsection shall be made for assisting research, surveys, studies, and modeling and technical and Not enacted as part of the Federal Water Pollution Control Act.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 the Administrator of the National Oceanic and Atmospheric sediment contamination in areas of concern that are located Administration and the Secretary, shall conduct a wholly or partially in the United States.
comprehensive national survey of data regarding aquatic (b) AUTHORIZATION OF APPROPRIATIONS sediment quality in the United States. The Administrator (1) IN GENERALIn addition to amounts authorized under shall compile all existing information on the quantity, other laws, there is authorized to be appropriated to carry chemical and physical composition, and geographic location out this section $3,000,000 for each of fiscal years 2004 of pollutants in aquatic sediment, including the probable through 2008.
source of such pollutants and identification of those sediments which are contaminated pursuant to section (2) AVAILABILITYFunds appropriated under paragraph (1) 501(b)(4). shall remain available until expended.
(2) REPORTNot later than 24 months after October 31, 1992, the Administrator shall report to the Congress the SEC. XXX. [33 U.S.C. 1272] ENVIRONMENTAL DREDGING findings, conclusions, and recommendations of such survey, (a) OPERATION AND MAINTENANCE OF NAVIGATION including recommendations for actions necessary to prevent PROJECTSWhenever necessary to meet the requirements contamination of aquatic sediments and to control sources of the Federal Water Pollution Control Act [33 U.S.C. § of contamination. 1251 et seq.], the Secretary, in consultation with the (b) MONITORING Administrator of the Environmental Protection Agency, may (1) IN GENERALThe Administrator, in consultation with remove and remediate, as part of operation and maintenance the Administrator of the National Oceanic and Atmospheric of a navigation project, contaminated sediments outside the Administration and the Secretary, shall conduct a boundaries of and adjacent to the navigation channel.
comprehensive and continuing program to assess aquatic (b) NONPROJECT SPECIFIC sediment quality. The program conducted pursuant to this (1) IN GENERALThe Secretary may remove and remediate subsection shall, at a minimum contaminated sediments from the navigable waters of the (A) identify the location of pollutants in aquatic sediment; United States for the purpose of environmental enhancement (B) identify the extent of pollutants in sediment and those and water quality improvement if such removal and sediments which are contaminated pursuant to section remediation is requested by a non-Federal sponsor and the 501(b)(4); sponsor agrees to pay 35 percent of the cost of such removal and remediation.
(C) establish methods and protocols for monitoring the physical, chemical, and biological effects of pollutants in (2) MAXIMUM AMOUNTThe Secretary may not expend aquatic sediment and of contaminated sediment; more than $50,000,000 in a fiscal year to carry out this subsection.
(D) develop a system for the management, storage, and dissemination of data concerning aquatic sediment quality; (c) JOINT PLAN REQUIREMENTThe Secretary may only remove and remediate contaminated sediments under (E) provide an assessment of aquatic sediment quality trends subsection (b) of this section in accordance with a joint plan over time; developed by the Secretary and interested Federal, State, (F) identify locations where pollutants in sediment may pose and local government officials. Such plan must include an a threat to the quality of drinking water supplies, fisheries opportunity for public comment, a description of the work resources, and marine habitats; and to be undertaken, the method to be used for dredged (G) establish a clearing house for information on material disposal, the roles and responsibilities of the technology, methods, and practices available for the Secretary and non-Federal sponsors, and identification of remediation, decontamination, and control of sediment sources of funding.
contamination. (d) DISPOSAL COSTSCosts of disposal of contaminated (2) REPORTThe Administrator shall submit to Congress a sediments removed under this section shall be a [sic] shared report on the findings of the monitoring under paragraph (1) as a cost of construction.
on the date that is 2 years after the date specified in (e) LIMITATION ON STATUTORY CONSTRUCTIONNothing in subsection (a)(2) of this section and biennially thereafter. this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act SEC. XXX. [33 U.S.C. 1271a] RESEARCH AND of 1980 [42 U.S.C. § 9601 et seq.].
DEVELOPMENT PROGRAM (a) IN GENERALIn coordination with other Federal, State, (f) PRIORITY WORKIn carrying out this section, the and local officials, the Administrator of the Environmental Secretary shall give priority to work in the following areas:
Protection Agency may conduct research on the (1) Brooklyn Waterfront, New York.
development and use of innovative approaches, (2) Buffalo Harbor and River, New York.
technologies, and techniques for the remediation of Not enacted as part of the Federal Water Pollution Control Act. Not enacted as part of the Federal Water Pollution Control Act.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (3) Ashtabula River, Ohio. Pontchartrain Basin Restoration Program established under (4) Mahoning River, Ohio. subsection (a) of this section.
(5) Lower Fox River, Wisconsin. (f) AUTHORIZATION OF APPROPRIATIONS (6) Passaic River and Newark Bay, New Jersey. (1) IN GENERALThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years (7) Snake Creek, Bixby, Oklahoma.
2001 through 20052011. Such sums shall remain available (8) Willamette River, Oregon. until expended.
(g) NONPROFIT ENTITIESNotwithstanding section 1962d- (2) PUBLIC EDUCATION PROJECTSNot more than 15 5b of Title 42, for any project carried out under this section, percent of the amount appropriated pursuant to paragraph a non-Federal sponsor may include a nonprofit entity, with (1) in a fiscal year may be expended on grants for public the consent of the affected local government. education projects under subsection (d)(2) of this section.
SEC. 121. [33 U.S.C. 1273] LAKE PONTCHARTRAIN SEC. 121. [33 U.S.C. 1274] WET WEATHER WATERSHED BASIN PILOT PROJECTS (a) ESTABLISHMENT OF RESTORATION PROGRAMThe (a) IN GENERALThe Administrator, in coordination with Administrator shall establish within the Environmental the States, may provide technical assistance and grants for Protection Agency the Lake Pontchartrain Basin Restoration treatment works to carry out pilot projects relating to the Program. following areas of wet weather discharge control:
(b) PURPOSEThe purpose of the program shall be to (1) WATERSHED MANAGEMENT OF WET WEATHER restore the ecological health of the Basin by developing and DISCHARGESThe management of municipal combined funding restoration projects and related scientific and public sewer overflows, sanitary sewer overflows, and stormwater education projects. discharges, on an integrated watershed or subwatershed (c) DUTIESIn carrying out the program, the Administrator basis for the purpose of demonstrating the effectiveness of a shall unified wet weather approach.
(1) provide administrative and technical assistance to a (2) STORMWATER BEST MANAGEMENT PRACTICESThe management conference convened for the Basin under control of pollutants from municipal separate storm sewer section 1330 of this title; systems for the purpose of demonstrating and determining (2) assist and support the activities of the management controls that are cost-effective and that use innovative conference, including the implementation of technologies in reducing such pollutants from stormwater recommendations of the management conference; discharges.
(3) support environmental monitoring of the Basin and (b) ADMINISTRATIONThe Administrator, in coordination research to provide necessary technical and scientific with the States, shall provide municipalities participating in information; a pilot project under this section the ability to engage in innovative practices, including the ability to unify separate (4) develop a comprehensive research plan to address the wet weather control efforts under a single permit.
technical needs of the program; (c) FUNDING (5) coordinate the grant, research, and planning programs authorized under this section; and (1) IN GENERALThere is authorized to be appropriated to carry out this section $10,000, 000 for fiscal year 2002, (6) collect and make available to the public publications, $15,000,000 for fiscal year 2003, and $20,000,000 for fiscal and other forms of information the management conference year 2004. Such funds shall remain available until determines to be appropriate, relating to the environmental expended.
quality of the Basin.
(2) STORMWATERThe Administrator shall make available (d) GRANTSThe Administrator may make grants not less than 20 percent of amounts appropriated for a fiscal (1) for restoration projects and studies recommended by a year pursuant to this subsection to carry out the purposes of management conference convened for the Basin under subsection (a)(2) of this section.
section 1330 of this title; and (3) ADMINISTRATIVE EXPENSESThe Administrator may (2) for public education projects recommended by the retain not to exceed 4 percent of any amounts appropriated management conference. for a fiscal year pursuant to this subsection for the (e) DEFINITIONSIn this section, the following definitions reasonable and necessary costs of administering this section.
apply: (d) REPORT TO CONGRESSNot later than 5 years after (1) BASINThe term Basin means the Lake Pontchartrain December 21, 2000, the Administrator shall transmit to Basin, a 5,000 square mile watershed encompassing 16 parishes in the State of Louisiana and 4 counties in the State of Mississippi. The second section 121 was added by section 112(b) of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-225), as enacted into law by (2) PROGRAMThe term program means the Lake section 1(a)(6) of Public Law 106-554 (114 Stat. 2763).
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Congress a report on the results of the pilot projects (f) WASTE TREATMENT MANAGEMENT OPEN SPACE AND conducted under this section and their possible application RECREATIONAL CONSIDERATIONSThe Administrator shall nationwide. encourage waste treatment management which combines open space and recreational considerations with such management.
SUBCHAPTER IIGRANTS FOR (g) GRANTS TO CONSTRUCT PUBLICLY OWNED TREATMENT CONSTRUCTION OF TREATMENT WORKS WORKS (1) The Administrator is authorized to make grants to any SEC. 201. [33 U.S.C. 1281] CONGRESSIONAL State, municipality, or intermunicipal or interstate agency DECLARATION OF PURPOSE for the construction of publicly owned treatment works. On (a) DEVELOPMENT AND IMPLEMENTATION OF WASTE and after October 1, 1984, grants under this subchapter shall TREATMENT MANAGEMENT PLANS AND PRACTICESIt is the be made only for projects for secondary treatment or more purpose of this subchapter to require and to assist the stringent treatment, or any cost effective alternative thereto, development and implementation of waste treatment new interceptors and appurtenances, and infiltration-in-flow management plans and practices which will achieve the correction. Notwithstanding the preceding sentences, the goals of this chapter. Administrator may make grants on and after October 1, 1984, for (A) any project within the definition set forth in (b) APPLICATION OF TECHNOLOGY: CONFINED DISPOSAL OF section 1292(2) of this title, other than for a project referred POLLUTANTS; CONSIDERATION OF ADVANCED TECHNIQUES to in the preceding sentence, and (B) any purpose for which Waste treatment management plans and practices shall a grant may be made under sections 1329(h) and (i) of this provide for the application of the best practicable waste title (including any innovative and alternative approaches treatment technology before any discharge into receiving for the control of nonpoint sources of pollution), except that waters, including reclaiming and recycling of water, and not more than 20 per centum (as determined by the confined disposal of pollutants so they will not migrate to Governor of the State) of the amount allotted to a State cause water or other environmental pollution and shall under section 1285 of this title for any fiscal year shall be provide for consideration of advanced waste treatment obligated in such State under authority of this sentence.
techniques.
(2) The Administrator shall not make grants from funds (c) WASTE TREATMENT MANAGEMENT AREA AND SCOPE authorized for any fiscal year beginning after June 30, 1974, To the extent practicable, waste treatment management shall to any State, municipality, or intermunicipal or interstate be on an areawide basis and provide control or treatment of agency for the erection, building, acquisition, alteration, all point and nonpoint sources of pollution, including in remodeling, improvement, or extension of treatment works place or accumulated pollution sources. unless the grant applicant has satisfactorily demonstrated to (d) WASTE TREATMENT MANAGEMENT CONSTRUCTION OF the Administrator that REVENUE PRODUCING FACILITIESThe Administrator shall (A) alternative waste management techniques have been encourage waste treatment management which results in the studied and evaluated and the works proposed for grant construction of revenue producing facilities providing for assistance will provide for the application of the best (1) the recycling of potential sewage pollutants through the practicable waste treatment technology over the life of the production of agriculture, silviculture, or aquaculture works consistent with the purposes of this subchapter; and products, or any combination thereof; (B) as appropriate, the works proposed for grant assistance (2) the confined and contained disposal of pollutants not will take into account and allow to the extent practicable the recycled; application of technology at a later date which will provide (3) the reclamation of wastewater; and for the reclaiming or recycling of water or otherwise (4) the ultimate disposal of sludge in a manner that will not eliminate the discharge of pollutants.
result in environmental hazards. (3) The Administrator shall not approve any grant after July (e) WASTE TREATMENT MANAGEMENT INTEGRATION OF 1, 1973, for treatment works under this section unless the FACILITIESThe Administrator shall encourage waste applicant shows to the satisfaction of the Administrator that treatment management which results in integrating facilities each sewer collection system discharging into such for sewage treatment and recycling with facilities to treat, treatment works is not subject to excessive infiltration.
dispose of, or utilize other industrial and municipal wastes, (4) The Administrator is authorized to make grants to including but not limited to solid waste and waste heat and applicants for treatment works grants under this section for thermal discharges. Such integrated facilities shall be such sewer system evaluation studies as may be necessary to designed and operated to produce revenues in excess of carry out the requirements of paragraph (3) of this capital and operation and maintenance costs and such subsection. Such grants shall be made in accordance with revenues shall be used by the designated regional rules and regulations promulgated by the Administrator.
management agency to aid in financing other environmental Initial rules and regulations shall be promulgated under this improvement programs. paragraph not later than 120 days after October 18, 1972.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (5) The Administrator shall not make grants from funds AND TECHNIQUES OF GUIDELINES UNDER SECTION 1314(D)(3) authorized for any fiscal year beginning after September 30, OF THIS TITLEThe Administrator is authorized to make a 1978, to any State, municipality, or intermunicipal or grant for any treatment works utilizing processes and interstate agency for the erection, building, acquisition, techniques meeting the guidelines promulgated under alteration, remodeling, improvement, or extension of section 1314(d)(3) of this title, if the Administrator treatment works unless the grant applicant has satisfactorily determines it is in the public interest and if in the cost demonstrated to the Administrator that innovative and effectiveness study made of the construction grant alternative wastewater treatment processes and techniques application for the purpose of evaluating alternative which provide for the reclaiming and reuse of water, treatment works, the life cycle cost of the treatment works otherwise eliminate the discharge of pollutants, and utilize for which the grant is to be made does not exceed the life recycling techniques, land treatment, new or improved cycle cost of the most cost effective alternative by more methods of waste treatment management for municipal and than 15 per centum.
industrial waste (discharged into municipal systems) and the (k) LIMITATION ON USE OF GRANTS FOR PUBLICLY OWNED confined disposal of pollutants, so that pollutants will not TREATMENT WORKSNo grant made after November 15, migrate to cause water or other environmental pollution, 1981, for a publicly owned treatment works, other than for have been fully studied and evaluated by the applicant facility planning and the preparation of construction plans taking into account subsection (d) of this section and taking and specifications, shall be used to treat, store, or convey the into account and allowing to the extent practicable the more flow of any industrial user into such treatment works in efficient use of energy and resources. excess of a flow per day equivalent to fifty thousand gallons (6) The Administrator shall not make grants from funds per day of sanitary waste. This subsection shall not apply to authorized for any fiscal year beginning after September 30, any project proposed by a grantee which is carrying out an 1978, to any State, municipality, or intermunicipal or approved project to prepare construction plans and interstate agency for the erection, building, acquisition, specifications for a facility to treat wastewater, which alteration, remodeling, improvement, or extension of received its grant approval before May 15, 1980. This treatment works unless the grant applicant has satisfactorily subsection shall not be in effect after November 15, 1981.
demonstrated to the Administrator that the applicant has (l) GRANTS FOR FACILITY PLANS, OR PLANS, SPECIFICATIONS, analyzed the potential recreation and open space AND ESTIMATES FOR PROPOSED PROJECT FOR CONSTRUCTION opportunities in the planning of the proposed treatment OF TREATMENT WORKS; LIMITATIONS, ALLOTMENTS, works. ADVANCES, ETC.
(h) GRANTS TO CONSTRUCT PRIVATELY OWNED TREATMENT (1) After December 29, 1981, Federal grants shall not be WORKSA grant may be made under this section to made for the purpose of providing assistance solely for construct a privately owned treatment works serving one or facility plans, or plans, specifications, and estimates for any more principal residences or small commercial proposed project for the construction of treatment works. In establishments constructed prior to, and inhabited on, the event that the proposed project receives a grant under December 27, 1977, where the Administrator finds that this section for construction, the Administrator shall make (1) a public body otherwise eligible for a grant under an allowance in such grant for non-Federal funds expended subsection (g) of this section has applied on behalf of a during the facility planning and advanced engineering and number of such units and certified that public ownership of design phase at the prevailing Federal share under section such works is not feasible; 1282(a) of this title, based on the percentage of total project (2) such public body has entered into an agreement with the costs which the Administrator determines is the general Administrator which guarantees that such treatment works experience for such projects.
will be properly operated and maintained and will comply (2)(A) Each State shall use a portion of the funds allotted to with all other requirements of section 1284 of this title and such State each fiscal year, but not to exceed 10 per centum includes a system of charges to assure that each recipient of of such funds, to advance to potential grant applicants under waste treatment services under such a grant will pay its this subchapter the costs of facility planning or the proportionate share of the cost of operation and maintenance preparation of plans, specifications, and estimates.
(including replacement); and (B) Such an advance shall be limited to the allowance for (3) the total cost and environmental impact of providing such costs which the Administrator establishes under waste treatment services to such residences or commercial paragraph (1) of this subsection, and shall be provided only establishments will be less than the cost of providing a to a potential grant applicant which is a small community system of collection and central treatment of such wastes. and which in the judgment of the State would otherwise be (i) WASTE TREATMENT MANAGEMENT METHODS, unable to prepare a request for a grant for construction costs PROCESSES, AND TECHNIQUES TO REDUCE ENERGY under this section.
REQUIREMENTSThe Administrator shall encourage waste (C) In the event a grant for construction costs is made under treatment management methods, processes, and techniques this section for a project for which an advance has been which will reduce total energy requirements. made under this paragraph, the Administrator shall reduce (j) GRANTS FOR TREATMENT WORKS UTILIZING PROCESSES the amount of such grant by the allowance established under FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 paragraph (1) of this subsection. In the event no such grant (3) sets forth with specificity the manner in which the is made, the State is authorized to seek repayment of such applicant intends to finance such future expansion and advance on such terms and conditions as it may determine. reconstruction.
(m) GRANTS FOR STATE OF CALIFORNIA PROJECTS (p) TIME LIMIT ON RESOLVING CERTAIN DISPUTESIn any (1) Notwithstanding any other provisions of this subchapter, case in which a dispute arises with respect to the awarding the Administrator is authorized to make a grant from any of a contract for construction of treatment works by a funds otherwise allotted to the State of California under grantee of funds under this subchapter and a party to such section 1285 of this title to the project (and in the amount) dispute files an appeal with the Administrator under this specified in Order WQG 81-1 of the California State Water subchapter for resolution of such dispute, the Administrator Resources Control Board. shall make a final decision on such appeal within 90 days of the filing of such appeal.
(2) Notwithstanding any other provision of this chapter, the Administrator shall make a grant from any funds otherwise allotted to the State of California to the city of Eureka, SEC. XXX. [33 U.S.C. 1281a] TOTAL TREATMENT California, in connection with project numbered C SYSTEM FUNDING 2772, for the purchase of one hundred and thirty-nine acres Notwithstanding any other provision of law, in any case of property as environmental mitigation for siting of the where the Administrator of the Environmental Protection proposed treatment plant. Agency finds that the total of all grants made under section (3) Notwithstanding any other provision of this chapter, the 1281 of this title for the same treatment works exceeds the Administrator shall make a grant from any funds otherwise actual construction costs for such treatment works (as allotted to the State of California to the city of San Diego, defined in this chapter) such excess amount shall be a grant California, in connection with that citys aquaculture of the Federal share (as defined in this chapter) of the cost sewage process (total resources recovery system) as an of construction of a sewage collection system if innovative and alternative waste treatment process. (1) such sewage collection system was constructed as part of (n) WATER QUALITY PROBLEMS; FUNDS, SCOPE, ETC. the same total treatment system as the treatment works for (1) On and after October 1, 1984, upon the request of the which such grants under section 1281 of this title were Governor of an affected State, the Administrator is approved, and authorized to use funds available to such State under section (2) an application for assistance for the construction of such 1285 of this title to address water quality problems due to sewage collection system was filed in accordance with the impacts of discharges from combined storm water and section 3102 of Title 42 before all such grants under section sanitary sewer overflows, which are not otherwise eligible 1281 of this title were made and such grant under section under this subsection, where correction of such discharges is 3102 of Title 42 could not be approved due to lack of a major priority for such State. funding under such section 3102 of Title 42.
(2) Beginning fiscal year 1983, the Administrator shall have The total of all grants for sewage collection systems made available $200,000,000 per fiscal year in addition to those under this section shall not exceed $2,800,000.
funds authorized in section 1287 of this title to be utilized to address water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impacts of SEC. 202. [33 U.S.C. 1282] FEDERAL SHARE discharges from combined storm water and sanitary sewer (a) AMOUNT OF GRANTS FOR TREATMENT WORKS overflows from adjacent urban complexes, not otherwise (1) The amount of any grant for treatment works made eligible under this subsection. Such sums may be used as under this chapter from funds authorized for any fiscal year deemed appropriate by the Administrator as provided in beginning after June 30, 1971, and ending before October 1, paragraphs (1) and (2) of this subsection, upon the request 1984, shall be 75 per centum of the cost of construction of and demonstration of water quality benefits by the thereof (as approved by the Administrator), and for any Governor of an affected State. fiscal year beginning on or after October 1, 1984, shall be (o) CAPITAL FINANCING PLAN 55 per centum of the cost of construction thereof (as approved by the Administrator), unless modified to a lower The Administrator shall encourage and assist applicants for percentage rate uniform throughout a State by the Governor grant assistance under this subchapter to develop and file of that State with the concurrence of the Administrator.
with the Administrator a capital financing plan which, at a Within ninety days after October 21, 1980, the minimum Administrator shall issue guidelines for concurrence in any (1) projects the future requirements for waste treatment such modification, which shall provide for the consideration services within the applicants jurisdiction for a period of no of the unobligated balance of sums allocated to the State less than ten years; under section 1285 of this title, the need for assistance under (2) projects the nature, extent, timing, and costs of future this subchapter in such State, and the availability of State expansion and reconstruction of treatment works which will grant assistance to replace the Federal share reduced by such be necessary to satisfy the applicants projected future requirements for waste treatment services; and Not enacted as part of the Federal Water Pollution Control Act.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 modification. The payment of any such reduced Federal of the State contribution (if any) to the non-Federal share of share shall not constitute an obligation on the part of the construction costs for all treatment works receiving grants in United States or a claim on the part of any State or grantee such State under paragraph (1) of this subsection.
to reimbursement for the portion of the Federal share (3) In addition to any grant made pursuant to paragraph (2) reduced in any such State. Any grant (other than for of this subsection, the Administrator is authorized to make a reimbursement) made prior to October 18, 1972, from any grant to fund all of the costs of the modification or funds authorized for any fiscal year beginning after June 30, replacement of any facilities constructed with a grant made 1971, shall, upon the request of the applicant, be increased pursuant to paragraph (2) if the Administrator finds that to the applicable percentage under this section. such facilities have not met design performance Notwithstanding the first sentence of this paragraph, in any specifications unless such failure is attributable to case where a primary, secondary, or advanced waste negligence on the part of any person and if such failure has treatment facility or its related interceptors or a project for significantly increased capital or operating and maintenance infiltration-in-flow correction has received a grant for expenditures. In addition, the Administrator is authorized to erection, building, acquisition, alteration, remodeling, make a grant to fund all of the costs of the modification or improvement, extension, or correction before October 1, replacement of biodisc equipment (rotating biological 1984, all segments and phases of such facility, interceptors, contactors) in any publicly owned treatment works if the and project for infiltration-in-flow correction shall be Administrator finds that such equipment has failed to meet eligible for grants at 75 per centum of the cost of design performance specifications, unless such failure is construction thereof for any grant made pursuant to a State attributable to negligence on the part of any person, and if obligation which obligation occurred before October 1, such failure has significantly increased capital or operating 1990. Notwithstanding the first sentence of this paragraph, and maintenance expenditures.
in the case of a project for which an application for a grant (4) For the purposes of this section, the term eligible under this subchapter has been made to the Administrator treatment works means those treatment works in each State before October 1, 1984, and which project is under judicial which meet the requirements of section 1281(g)(5) of this injunction on such date prohibiting its construction, such title and which can be fully funded from funds available for project shall be eligible for grants at 75 percent of the cost such purpose in such State.
of construction thereof. Notwithstanding the first sentence of this paragraph, in the case of the Wyoming Valley (b) AMOUNT OF GRANTS FOR CONSTRUCTION OF TREATMENT Sanitary Authority project mandated by judicial order under WORKS NOT COMMENCED PRIOR TO JULY 1, 1971The a proceeding begun prior to October 1, 1984, and a project amount of the grant for any project approved by the for wastewater treatment for Altoona, Pennsylvania, such Administrator after January 1, 1971, and before July 1, projects shall be eligible for grants at 75 percent of the cost 1971, for the construction of treatment works, the actual of construction thereof. erection, building or acquisition of which was not commenced prior to July 1, 1971, shall, upon the request of (2) The amount of any grant made after September 30, the applicant, be increased to the applicable percentage 1978, and before October 1, 1981, for any eligible treatment under subsection (a) of this section for grants for treatment works or significant portion thereof utilizing innovative or works from funds for fiscal years beginning after June 30, alternative wastewater treatment processes and techniques 1971, with respect to the cost of such actual erection, referred to in section 1281(g)(5) of this title shall be 85 per building, or acquisition. Such increased amount shall be centum of the cost of construction thereof, unless modified paid from any funds allocated to the State in which the by the Governor of the State with the concurrence of the treatment works is located without regard to the fiscal year Administrator to a percentage rate no less than 15 per for which such funds were authorized. Such increased centum greater than the modified uniform percentage rate in amount shall be paid for such project only if which the Administrator has concurred pursuant to paragraph (1) of this subsection. The amount of any grant (1) a sewage collection system that is a part of the same made after September 30, 1981, for any eligible treatment total waste treatment system as the treatment works for works or unit processes and techniques thereof utilizing which such grant was approved is under construction or is to innovative or alternative wastewater treatment processes be constructed for use in conjunction with such treatment and techniques referred to in section 1281(g)(5) of this title works, and if the cost of such sewage collection system shall be a percentage of the cost of construction thereof exceeds the cost of such treatment works, and equal to 20 per centum greater than the percentage in effect (2) the State water pollution control agency or other under paragraph (1) of this subsection for such works or unit appropriate State authority certifies that the quantity of processes and techniques, but in no event greater than 85 per available ground water will be insufficient, inadequate, or centum of the cost of construction thereof. No grant shall be unsuitable for public use, including the ecological made under this paragraph for construction of a treatment preservation and recreational use of surface water bodies, works in any State unless the proportion of the State unless effluents from publicly-owned treatment works after contribution to the non-Federal share of construction costs adequate treatment are returned to the ground water for all treatment works in such State receiving a grant under consistent with acceptable technological standards.
this paragraph is the same as or greater than the proportion (c) AVAILABILITY OF SUMS ALLOTTED TO PUERTO RICO FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Notwithstanding any other provision of law, sums allotted from auditing a project pursuant to section 1361 of this title, to the Commonwealth of Puerto Rico under section 1285 of or other authority, or from withholding or recovering this title for fiscal year 1981 shall remain available for Federal funds for costs which are found to be unreasonable, obligation for the fiscal year for which authorized and for unsupported by adequate documentation, or otherwise the period of the next succeeding twenty-four months. Such unallowable under applicable Federal cost principles, or sums and any unobligated funds available to Puerto Rico which are incurred on a project which fails to meet the from allotments for fiscal years ending prior to October 1, design specifications or effluent limitations contained in the 1981, shall be available for obligation by the Administrator grant agreement and permit pursuant to section 1342 of this of the Environmental Protection Agency only to fund the title for such project.
following systems: Aguadilla, Arecibo, Mayaguez, (3) In the case of a treatment works that has an estimated Carolina, and Camuy Hatillo. These funds may be used by total cost of $8,000,000 or less (as determined by the the Commonwealth of Puerto Rico to fund the non-Federal Administrator), and the population of the applicant share of the costs of such projects. To the extent that these municipality is twenty-five thousand or less (according to funds are used to pay the non-Federal share, the the most recent United States census), upon completion of Commonwealth of Puerto Rico shall repay to the an approved facility plan, a single grant may be awarded for Environmental Protection Agency such amounts on terms the combined Federal share of the cost of preparing and conditions developed and approved by the construction plans and specifications, and the building and Administrator in consultation with the Governor of the erection of the treatment works.
Commonwealth of Puerto Rico. Agreement on such terms (b) PERIODIC PAYMENTSThe Administrator shall, from and conditions, including the payment of interest to be time to time as the work progresses, make payments to the determined by the Secretary of the Treasury, shall be recipient of a grant for costs of construction incurred on a reached prior to the use of these funds for the project. These payments shall at no time exceed the Federal Commonwealths non-Federal share. No Federal funds share of the cost of construction incurred to the date of the awarded under this provision shall be used to replace local voucher covering such payment plus the Federal share of the governments funds previously expended on these projects.
value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and SEC. 203. [33 U.S.C. 1283] PLANS, SPECIFICATIONS, specifications for the project.
ESTIMATES, AND PAYMENTS (c) FINAL PAYMENTSAfter completion of a project and (a) SUBMISSION; CONTRACTUAL NATURE OF APPROVAL BY approval of the final voucher by the Administrator, he shall ADMINISTRATOR; AGREEMENT ON ELIGIBLE COSTS; SINGLE pay out of the appropriate sums the unpaid balance of the GRANT Federal share payable on account of such project.
(1) Each applicant for a grant shall submit to the (d) PROJECTS ELIGIBLENothing in this chapter shall be Administrator for his approval, plans, specifications, and construed to require, or to authorize the Administrator to estimates for each proposed project for the construction of require, that grants under this chapter for construction of treatment works for which a grant is applied for under treatment works be made only for projects which are section 1281(g)(1) of this title from funds allotted to the operable units usable for sewage collection, transportation, State under section 1285 of this title and which otherwise storage, waste treatment, or for similar purposes without meets the requirements of this chapter. The Administrator additional construction.
shall act upon such plans, specifications, and estimates as (e) TECHNICAL AND LEGAL ASSISTANCE IN ADMINISTRATION soon as practicable after the same have been submitted, and AND ENFORCEMENT OF CONTRACTS; INTERVENTION IN CIVIL his approval of any such plans, specifications, and estimates ACTIONSAt the request of a grantee under this subchapter, shall be deemed a contractual obligation of the United States the Administrator is authorized to provide technical and for the payment of its proportional contribution to such legal assistance in the administration and enforcement of project. any contract in connection with treatment works assisted (2) AGREEMENT ON ELIGIBLE COSTS under this subchapter, and to intervene in any civil action (A) LIMITATION ON MODIFICATIONSBefore taking final involving the enforcement of such a contract.
action on any plans, specifications, and estimates submitted (f) DESIGN/BUILD PROJECTS under this subsection after the 60th day following February (1) AGREEMENTConsistent with State law, an applicant 4, 1987, the Administrator shall enter into a written who proposes to construct waste water treatment works may agreement with the applicant which establishes and specifies enter into an agreement with the Administrator under this which items of the proposed project are eligible for Federal subsection providing for the preparation of construction payments under this section. The Administrator may not plans and specifications and the erection of such treatment later modify such eligibility determinations unless they are works, in lieu of proceeding under the other provisions of found to have been made in violation of applicable Federal this section.
statutes and regulations.
(2) LIMITATION ON PROJECTSAgreements under this (B) LIMITATION ON EFFECTEligibility determinations subsection shall be limited to projects under an approved under this paragraph shall not preclude the Administrator FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 facility plan which projects are (8) LIMITATION ON FEDERAL CONTRIBUTIONSIn no event (A) treatment works that have an estimated total cost of shall the Federal contribution for the cost of preparing
$8,000,000 or less; and construction plans and specifications and the building and erection of treatment works pursuant to this subsection (B) any of the following types of waste water treatment exceed the amount agreed upon under paragraph (3).
systems: aerated lagoons, trickling filters, stabilization ponds, land application systems, sand filters, and subsurface (9) RECOVERY ACTIONIn any case in which the recipient disposal systems. of a grant made pursuant to this subsection does not comply with the terms of the agreement entered into under (3) REQUIRED TERMSAn agreement entered into under paragraph (3), the Administrator is authorized to take such this subsection shall action as may be necessary to recover the amount of the (A) set forth an amount agreed to as the maximum Federal Federal contribution to the project.
contribution to the project, based upon a competitively bid (10) PREVENTION OF DOUBLE BENEFITSA recipient of a document of basic design data and applicable standard grant made pursuant to this subsection shall not be eligible construction specifications and a determination of the for any other grants under this subchapter for the same federally eligible costs of the project at the applicable project.
Federal share under section 1282 of this title; (B) set forth dates for the start and completion of construction of the treatment works by the applicant and a SEC. 204. [33 U.S.C. 1284] LIMITATIONS AND schedule of payments of the Federal contribution to the CONDITIONS project; (a) DETERMINATIONS BY ADMINISTRATORBefore (C) contain assurances by the applicant that (i) engineering approving grants for any project for any treatment works and management assistance will be provided to manage the under section 1281(g)(1) of this title the Administrator shall project; (ii) the proposed treatment works will be an determine operable unit and will meet all the requirements of this (1) that any required areawide waste treatment management subchapter; and (iii) not later than 1 year after the date plan under section 1288 of this title (A) is being specified as the date of completion of construction of the implemented for such area and the proposed treatment treatment works, the treatment works will be operating so as works are included in such plan, or (B) is being developed to meet the requirements of any applicable permit for such for such area and reasonable progress is being made toward treatment works under section 1342 of this title; its implementation and the proposed treatment works will be (D) require the applicant to obtain a bond from the included in such plan; contractor in an amount determined necessary by the (2) that (A) the State in which the project is to be located (i)
Administrator to protect the Federal interest in the project; is implementing any required plan under section 1313(e) of and this title and the proposed treatment works are in conformity (E) contain such other terms and conditions as are necessary with such plan, or (ii) is developing such a plan and the to assure compliance with this subchapter (except as proposed treatment works will be in conformity with such provided in paragraph (4) of this subsection). plan, and (B) such State is in compliance with section 1315(b) of this title; (4) LIMITATION ON APPLICATIONSubsections (a), (b), and (c) of this section shall not apply to grants made pursuant to (3) that such works have been certified by the appropriate this subsection. State water pollution control agency as entitled to priority over such other works in the State in accordance with any (5) RESERVATION TO ASSURE COMPLIANCEThe applicable State plan under section 1313(e) of this title, Administrator shall reserve a portion of the grant to assure except that any priority list developed pursuant to section contract compliance until final project approval as defined 1313 (e)(3)(H) of this title may be modified by such State in by the Administrator. If the amount agreed to under accordance with regulations promulgated by the paragraph (3)(A) exceeds the cost of designing and Administrator to give higher priority for grants for the constructing the treatment works, the Administrator shall Federal share of the cost of preparing construction drawings reallot the amount of the excess to the State in which such and specifications for any treatment works utilizing treatment works are located for the fiscal year in which such processes and techniques meeting the guidelines audit is completed.
promulgated under section 1314(d)(3) of this title and for (6) LIMITATION ON OBLIGATIONSThe Administrator shall grants for the combined Federal share of the cost of not obligate more than 20 percent of the amount allotted to a preparing construction drawings and specifications and the State for a fiscal year under section 1285 of this title for building and erection of any treatment works meeting the grants pursuant to this subsection. requirements of the next to last sentence of section 1283(a)
(7) ALLOWANCEThe Administrator shall determine an of this title which utilizes processes and techniques meeting allowance for facilities planning for projects constructed the guidelines promulgated under section 1314(d)(3) of this under this subsection in accordance with section 1281(l ) of title. [sic]
this title. (4) that the applicant proposing to construct such works FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 agrees to pay the non-Federal costs of such works and has and in doing so the grantee need not establish the existence made adequate provisions satisfactory to the Administrator of any source other than the brand or source so named.
for assuring proper and efficient operation, including the (b) ADDITIONAL DETERMINATIONS; ISSUANCE OF employment of trained management and operations GUIDELINES; APPROVAL BY ADMINISTRATOR; SYSTEM OF personnel, and the maintenance of such works in accordance CHARGES with a plan of operation approved by the State water (1) Notwithstanding any other provision of this subchapter, pollution control agency or, as appropriate, the interstate the Administrator shall not approve any grant for any agency, after construction thereof; treatment works under section 1281(g)(1) of this title after (5) that the size and capacity of such works relate directly to March 1, 1973, unless he shall first have determined that the the needs to be served by such works, including sufficient applicant (A) has adopted or will adopt a system of charges reserve capacity. The amount of reserve capacity provided to assure that each recipient of waste treatment services shall be approved by the Administrator on the basis of a within the applicants jurisdiction, as determined by the comparison of the cost of constructing such reserves as a Administrator, will pay its proportionate share (except as part of the works to be funded and the anticipated cost of otherwise provided in this paragraph) of the costs of providing expanded capacity at a date when such capacity operation and maintenance (including replacement) of any will be required, after taking into account, in accordance waste treatment services provided by the applicant; and (B) with regulations promulgated by the Administrator, efforts has legal, institutional, managerial, and financial capability to reduce total flow of sewage and unnecessary water to insure adequate construction, operation, and maintenance consumption. The amount of reserve capacity eligible for a of treatment works throughout the applicants jurisdiction, grant under this subchapter shall be determined by the as determined by the Administrator. In any case where an Administrator taking into account the projected population applicant which, as of December 27, 1977, uses a system of and associated commercial and industrial establishments dedicated ad valorem taxes and the Administrator within the jurisdiction of the applicant to be served by such determines that the applicant has a system of charges which treatment works as identified in an approved facilities plan, results in the distribution of operation and maintenance an areawide plan under section 1288 of this title, or an costs for treatment works within the applicants jurisdiction, applicable municipal master plan of development. For the to each user class, in proportion to the contribution to the purpose of this paragraph, section 1288 of this title, and any total cost of operation and maintenance of such works by such plan, projected population shall be determined on the each user class (taking into account total waste water basis of the latest information available from the United loading of such works, the constituent elements of the States Department of Commerce or from the States as the wastes, and other appropriate factors), and such applicant is Administrator, by regulation, determines appropriate. otherwise in compliance with clause (A) of this paragraph Beginning October 1, 1984, no grant shall be made under with respect to each industrial user, then such dedicated ad this subchapter to construct that portion of any treatment valorem tax system shall be deemed to be the user charge works providing reserve capacity in excess of existing needs system meeting the requirements of clause (A) of this (including existing needs of residential, commercial, paragraph for the residential user class and such small non-industrial, and other users) on the date of approval of a grant residential user classes as defined by the Administrator. In for the erection, building, acquisition, alteration, defining small non-residential users, the Administrator shall remodeling, improvement, or extension of a project for consider the volume of wastes discharged into the treatment secondary treatment or more stringent treatment or new works by such users and the constituent elements of such interceptors and appurtenances, except that in no event shall wastes as well as such other factors as he deems appropriate.
reserve capacity of a facility and its related interceptors to A system of user charges which imposes a lower charge for which this subsection applies be in excess of existing needs low-income residential users (as defined by the on October 1, 1990. In any case in which an applicant Administrator) shall be deemed to be a user charge system proposes to provide reserve capacity greater than that meeting the requirements of clause (A) of this paragraph if eligible for Federal financial assistance under this the Administrator determines that such system was adopted subchapter, the incremental costs of the additional reserve after public notice and hearing.
capacity shall be paid by the applicant; (2) The Administrator shall, within one hundred and eighty (6) that no specification for bids in connection with such days after October 18, 1972, and after consultation with works shall be written in such a manner as to contain appropriate State, interstate, municipal, and intermunicipal proprietary, exclusionary, or discriminatory requirements agencies, issue guidelines applicable to payment of waste other than those based upon performance, unless such treatment costs by industrial and nonindustrial recipients of requirements are necessary to test or demonstrate a specific waste treatment services which shall establish (A) classes of thing or to provide for necessary interchangeability of parts users of such services, including categories of industrial and equipment. When in the judgment of the grantee, it is users; (B) criteria against which to determine the adequacy impractical or uneconomical to make a clear and accurate of charges imposed on classes and categories of users description of the technical requirements, a brand name or reflecting all factors that influence the cost of waste equal description may be used as a means to define the treatment, including strength, volume, and delivery flow performance or other salient requirements of a procurement, rate characteristics of waste; and (C) model systems and FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 rates of user charges typical of various treatment works meet such design specifications and effluent limitations, any serving municipal-industrial communities. failure to meet such design specifications and effluent (3) Approval by the Administrator of a grant to an interstate limitations shall be corrected in a timely manner, to allow agency established by interstate compact for any treatment such affirmative certification, at other than Federal expense.
works shall satisfy any other requirement that such works be (3) Nothing in this section shall be construed to prohibit a authorized by Act of Congress. grantee under this subchapter from requiring more (4) A system of charges which meets the requirement of assurances, guarantees, or indemnity or other contractual clause (A) of paragraph (1) of this subsection may be based requirements from any party to a contract pertaining to a on something other than metering the sewage or water project assisted under this subchapter, than those provided supply flow of residential recipients of waste treatment under this subsection.
services, including ad valorem taxes. If the system of charges is based on something other than metering the SEC. 205. [33 U.S.C. 1285] ALLOTMENT OF GRANT Administrator shall require (A) the applicant to establish a FUNDS system by which the necessary funds will be available for (a) FUNDS FOR FISCAL YEARS DURING PERIOD JUNE 30, 1972, the proper operation and maintenance of the treatment AND SEPTEMBER 30, 1977; DETERMINATION OF AMOUNT works; and (B) the applicant to establish a procedure under Sums authorized to be appropriated pursuant to section 1287 which the residential user will be notified as to that portion of this title for each fiscal year beginning after June 30, of his total payment which will be allocated to the cost of 1972, and before September 30, 1977, shall be allotted by the waste treatment services.
the Administrator not later than the January 1st immediately (c) APPLICABILITY OF RESERVE CAPACITY RESTRICTIONS TO preceding the beginning of the fiscal year for which PRIMARY, SECONDARY, OR ADVANCED WASTE TREATMENT authorized, except that the allotment for fiscal year 1973 FACILITIES OR RELATED INTERCEPTORSThe next to the last shall be made not later than 30 days after October 18, 1972.
sentence of paragraph (5) of subsection (a) of this section Such sums shall be allotted among the States by the shall not apply in any case where a primary, secondary, or Administrator in accordance with regulations promulgated advanced waste treatment facility or its related interceptors by him, in the ratio that the estimated cost of constructing has received a grant for erection, building, acquisition, all needed publicly owned treatment works in each State alteration, remodeling, improvement, or extension before bears to the estimated cost of construction of all needed October 1, 1984, and all segments and phases of such publicly owned treatment works in all of the States. For the facility and interceptors shall be funded based on a 20-year fiscal years ending June 30, 1973, and June 30, 1974, such reserve capacity in the case of such facility and a 20-year ratio shall be determined on the basis of table III of House reserve capacity in the case of such interceptors, except that, Public Works Committee Print No. 92-50. For the fiscal if a grant for such interceptors has been approved prior to year ending June 30, 1975, such ratio shall be determined December 29, 1981, such interceptors shall be funded based one-half on the basis of table I of House Public Works on the approved reserve capacity not to exceed 40 years. Committee Print Numbered 93-28 and one-half on the basis (d) ENGINEERING REQUIREMENTS; CERTIFICATION BY of table II of such print, except that no State shall receive an OWNER AND OPERATOR; CONTRACTUAL ASSURANCES, ETC. allotment less than that which it received for the fiscal year (1) A grant for the construction of treatment works under ending June 30, 1972, as set forth in table III of such print.
this subchapter shall provide that the engineer or Allotments for fiscal years which begin after the fiscal year engineering firm supervising construction or providing ending June 30, 1975, shall be made only in accordance architect engineering services during construction shall with a revised cost estimate made and submitted to continue its relationship to the grant applicant for a period Congress in accordance with section 1375(b) of this title and of one year after the completion of construction and initial only after such revised cost estimate shall have been operation of such treatment works. During such period such approved by law specifically enacted after October 18, engineer or engineering firm shall supervise operation of the 1972.
treatment works, train operating personnel, and prepare (b) AVAILABILITY AND USE OF FUNDS ALLOTTED FOR FISCAL curricula and training material for operating personnel. YEARS DURING PERIOD JUNE 30, 1972, AND SEPTEMBER 30, Costs associated with the implementation of this paragraph 1977; REALLOTMENT shall be eligible for Federal assistance in accordance with (1) Any sums allotted to a State under subsection (a) of this this subchapter. section shall be available for obligation under section 1283 (2) On the date one year after the completion of construction of this title on and after the date of such allotment. Such and initial operation of such treatment works, the owner and sums shall continue available for obligation in such State for operator of such treatment works shall certify to the a period of one year after the close of the fiscal year for Administrator whether or not such treatment works meet the which such sums are authorized. Any amounts so allotted design specifications and effluent limitations contained in which are not obligated by the end of such one-year period the grant agreement and permit pursuant to section 1342 of shall be immediately reallotted by the Administrator, in this title for such works. If the owner and operator of such accordance with regulations promulgated by him, generally treatment works cannot certify that such treatment works on the basis of the ratio used in making the last allotment of FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 sums under this section. Such reallotted sums shall be added Kansas .............................................. .009201 Kentucky .......................................... .012973 to the last allotments made to the States. Any sum made Louisiana .......................................... .011205 available to a State by reallotment under this subsection Maine................................................ .007788 shall be in addition to any funds otherwise allotted to such Maryland .......................................... .024653 State for grants under this subchapter during any fiscal year. Massachusetts................................... .034608 Michigan .......................................... .043829 (2) Any sums which have been obligated under section 1283 Minnesota......................................... .018735 of this title and which are released by the payment of the Mississippi ....................................... .009184 final voucher for the project shall be immediately credited to Missouri............................................ .028257 Montana............................................ .004965 the State to which such sums were last allotted. Such Nebraska........................................... .005214 released sums shall be added to the amounts last allotted to Nevada.............................................. .004965 such State and shall be immediately available for obligation New Hampshire................................ .010186 in the same manner and to the same extent as such last New Jersey ....................................... .041654 New Mexico ..................................... .004965 allotment. New York ......................................... .113097 (c) FUNDS FOR FISCAL YEARS DURING PERIOD OCTOBER 1, North Carolina.................................. .018396 1977, AND SEPTEMBER 30, 1981; FUNDS FOR FISCAL YEARS North Dakota.................................... .004965 Ohio.................................................. .057383 1982 TO 1990; DETERMINATION OF AMOUNT Oklahoma ......................................... .008235 (1) Sums authorized to be appropriated pursuant to section Oregon.............................................. .011515 Pennsylvania .................................... .040377 1287 of this title for the fiscal years during the period Rhode Island .................................... .006750 beginning October 1, 1977, and ending September 30, 1981, South Carolina.................................. .010442 shall be allotted for each such year by the Administrator not South Dakota.................................... .004965 later than the tenth day which begins after December 27, Tennessee ......................................... .014807 Texas ................................................ .038726 1977. Notwithstanding any other provision of law, sums Utah .................................................. .005371 authorized for the fiscal years ending September 30, 1978, Vermont............................................ .004965 September 30, 1979, September 30, 1980, and September Virginia ............................................ .020861 30, 1981, shall be allotted in accordance with table 3 of Washington ...................................... .017726 West Virginia ................................... .015890 Committee Print Numbered 95-30 of the Committee on Wisconsin......................................... .027557 Public Works and Transportation of the House of Wyoming.......................................... .004965 Representatives. Samoa............................................... .000915 Guam ................................................ .000662 (2) Sums authorized to be appropriated pursuant to section Northern Marianas ........................... .000425 1287 of this title for the fiscal years 1982, 1983, 1984, and Puerto Rico....................................... .013295 1985 shall be allotted for each such year by the Pacific Trust Territories ................... .001305 Administrator not later than the tenth day which begins after Virgin Islands................................... .000531 United States totals ......................... .999996 December 29, 1981. Notwithstanding any other provision of (3) FISCAL YEARS 1987-1990. Sums authorized to be law, sums authorized for the fiscal year ending September appropriated pursuant to section 1287 of this title for the 30, 1982, shall be allotted in accordance with table 3 of fiscal years 1987, 1988, 1989, and 1990 shall be allotted for Committee Print Numbered 95-30 of the Committee on each such year by the Administrator not later than the 10th Public Works and Transportation of the House of day which begins after February 4, 1987. Sums authorized Representatives. Sums authorized for the fiscal years ending for such fiscal years shall be allotted in accordance with the September 30, 1983, September 30, 1984, September 30, following table:
1985, and September 30, 1986, shall be allotted in States:
accordance with the following table:
Alabama ........................................... .011309 States: Fiscal years 1983 Alaska............................................... .006053 through 1985 Arizona............................................. .006831 Alabama ........................................... .011398 Arkansas........................................... .006616 Alaska .............................................. .006101 California ......................................... .072333 Arizona............................................. .006885 Colorado........................................... .008090 Arkansas........................................... .006668 Connecticut ...................................... .012390 California ......................................... .072901 Delaware .......................................... .004965 Colorado........................................... .008154 District of Columbia ........................ .004965 Connecticut ...................................... .012487 Florida .............................................. .034139 Delaware .......................................... .004965 Georgia............................................. .017100 District of Columbia ........................ .004965 Hawaii .............................................. .007833 Florida .............................................. .034407 Idaho................................................. .004965 Georgia............................................. .017234 Illinois .............................................. .045741 Hawaii .............................................. .007895 Indiana.............................................. .024374 Idaho ................................................ .004965 Iowa.................................................. .013688 Illinois .............................................. .046101 Kansas .............................................. .009129 Indiana.............................................. .024566 Kentucky .......................................... .012872 Iowa.................................................. .013796 Louisiana .......................................... .011118 Maine................................................ .007829
Maryland .......................................... .024461 So in original. Probably should be 1986.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Massachusetts .................................. .034338 authority of this subsection is less than the amount Michigan .......................................... .043487 Minnesota......................................... .018589 necessary to carry out this subsection, the amount each State Mississippi ....................................... .009112 receives under this subsection for such year shall bear the Missouri ........................................... .028037 same ratio to the amount such State would have received Montana ........................................... .004965 under this subsection in such year if the amount necessary to Nebraska .......................................... .005173 Nevada ............................................. .004965 carry it out had been appropriated as the amount New Hampshire ............................... .010107 appropriated for such year bears to the amount necessary to New Jersey ....................................... .041329 carry out this subsection for such year.
New Mexico..................................... .004965 New York......................................... .111632 (f) Omitted North Carolina ................................. .018253 (g) RESERVATION OF FUNDS; STATE MANAGEMENT North Dakota.................................... .004965 ASSISTANCE Ohio.................................................. .056936 Oklahoma......................................... .008171 (1) The Administrator is authorized to reserve each fiscal Oregon.............................................. .011425 year not to exceed 2 per centum of the amount authorized Pennsylvania .................................... .040062 under section 1287 of this title for purposes of the allotment Rhode Island .................................... .006791 South Carolina ................................. .010361 made to each State under this section on or after October 1, South Dakota.................................... .004965 1977, except in the case of any fiscal year beginning on or Tennessee......................................... .014692 after October 1, 1981, and ending before October 1, 1994, in Texas ................................................ .046226 which case the percentage authorized to be reserved shall Utah.................................................. .005329 Vermont ........................................... .004965 not exceed 4 per centum. [sic] or $400,000 whichever Virginia ............................................ .020698 amount is the greater. Sums so reserved shall be available Washington ...................................... .017588 for making grants to such State under paragraph (2) of this West Virginia ................................... .015766 subsection for the same period as sums are available from Wisconsin......................................... .027342 Wyoming.......................................... .004965 such allotment under subsection (d) of this section, and any American Samoa.............................. .000908 such grant shall be available for obligation only during such Guam................................................ .000657 period. Any grant made from sums reserved under this Northern Marianas ........................... .000422 subsection which has not been obligated by the end of the Puerto Rico....................................... .013191 Pacific Trust Territories................... .001295 period for which available shall be added to the amount last Virgin Islands................................... .000527 allotted to such State under this section and shall be (d) AVAILABILITY AND USE OF FUNDS; REALLOTMENT immediately available for obligation in the same manner Sums allotted to the States for a fiscal year shall remain and to the same extent as such last allotment. Sums available for obligation for the fiscal year for which authorized to be reserved by this paragraph shall be in authorized and for the period of the next succeeding twelve addition to and not in lieu of any other funds which may be months. The amount of any allotment not obligated by the authorized to carry out this subsection.
end of such twenty-four-month period shall be immediately (2) The Administrator is authorized to grant to any State reallotted by the Administrator on the basis of the same ratio from amounts reserved to such State under this subsection, as applicable to sums allotted for the then current fiscal the reasonable costs of administering any aspects of sections year, except that none of the funds reallotted by the 1281, 1283, 1284, and 1292 of this title the responsibility Administrator for fiscal year 1978 and for fiscal years for administration of which the Administrator has delegated thereafter shall be allotted to any State which failed to to such State. The Administrator may increase such grant to obligate any of the funds being reallotted. Any sum made take into account the reasonable costs of administering an available to a State by reallotment under this subsection approved program under section 1342 or 1344 of this title, shall be in addition to any funds otherwise allotted to such administering a state wide waste treatment management State for grants under this subchapter during any fiscal year. planning program under section 1288(b)(4) of this title, and (e) MINIMUM ALLOTMENT; ADDITIONAL APPROPRIATIONS; managing waste treatment construction grants for small RATIO OF AMOUNT AVAILABLEFor the fiscal years 1978, communities.
1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, (h) ALTERNATE SYSTEMS FOR SMALL COMMUNITIESThe 1988, 1989, and 1990, no State shall receive less than one- Administrator shall set aside from funds authorized for each half of 1 per centum of the total allotment under subsection fiscal year beginning on or after October 1, 1978, a total (as (c) of this section, except that in the case of Guam, Virgin determined by the Governor of the State) of not less than 4 Islands, American Samoa, and the Trust Territories not percent nor more than 71/2 percent of the sums allotted to more than thirty-three one-hundredths of 1 per centum in the any State with a rural population of 25 per centum or more aggregate shall be allotted to all four of these jurisdictions. of the total population of such State, as determined by the For the purpose of carrying out this subsection there are Bureau of the Census. The Administrator may set aside no authorized to be appropriated, subject to such amounts as more than 71/2 percent of the sums allotted to any other State are provided in appropriation Acts, not to exceed for which the Governor requests such action. Such sums
$75,000,000 for each of fiscal years 1978, 1979, 1980, shall be available only for alternatives to conventional 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and sewage treatment works for municipalities having a 1990. If for any fiscal year the amount appropriated under FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 population of three thousand five hundred or less, or for the with local, regional, and interstate entities, a plan for highly dispersed sections of larger municipalities, as defined carrying out the program and give funding priority to such by the Administrator. entities and designated or undesignated public (i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE comprehensive planning organizations to carry out the PROJECTSNot less than 1/2 of 1 percent of funds allotted to purposes of this subsection. In giving such priority, the State a State for each of the fiscal years ending September 30, shall allocate at least 40 percent of the amount granted to 1979, through September 30, 1990, under subsection (c) of such State for a fiscal year under paragraph (2) of this this section shall be expended only for increasing the subsection to regional public comprehensive planning Federal share of grants for construction of treatment works organizations in such State and appropriate interstate utilizing innovative processes and techniques pursuant to organizations for the development and implementation of section 1282(a)(2) of this title. Including the expenditures the plan described in this paragraph. In any fiscal year for authorized by the preceding sentence, a total of 2 percent of which the Governor, in consultation with such organizations the funds allotted to a State for each of the fiscal years and with the approval of the Administrator, determines that ending September 30, 1979, and September 30, 1980, and 3 allocation of at least 40 percent of such amount to such percent of the funds allotted to a State for the fiscal year organizations will not result in significant participation by ending September 30, 1981, under subsection (c) of this such organizations in water quality management planning section shall be expended only for increasing grants for and not significantly assist in development and construction of treatment works pursuant to section implementation of the plan described in this paragraph and 1282(a)(2) of this title. Including the expenditures achieving the goals of this chapter, the allocation to such authorized by the first sentence of this subsection, a total (as organization may be less than 40 percent of such amount.
determined by the Governor of the State) of not less than 4 (4) All activities undertaken under this subsection shall be in percent nor more than 71/2 percent of the funds allotted to coordination with other related provisions of this chapter.
such State under subsection (c) of this section for each of (5) NONPOINT SOURCE RESERVATIONIn addition to the the fiscal years ending September 30, 1982, through sums reserved under paragraph (1), the Administrator shall September 30, 1990, shall be expended only for increasing reserve each fiscal year for each State 1 percent of the sums the Federal share of grants for construction of treatment allotted and available for obligation to such State under this works pursuant to section 1282(a)(2) of this title. section for each fiscal year beginning on or after October 1, (j) WATER QUALITY MANAGEMENT PLAN; RESERVATION OF 1986, or $100,000, whichever is greater, for the purpose of FUNDS FOR NONPOINT SOURCE MANAGEMENT carrying out section 1329 of this title. Sums so reserved in a (1) The Administrator shall reserve each fiscal year not to State in any fiscal year for which such State does not request exceed 1 per centum of the sums allotted and available for the use of such sums, to the extent such sums exceed obligation to each State under this section for each fiscal $100,000, may be used by such State for other purposes year beginning on or after October 1, 1981, or $100,000, under this subchapter.
whichever amount is the greater. (k) NEW YORK CITY CONVENTION CENTERThe (2) Such sums shall be used by the Administrator to make Administrator shall allot to the State of New York from grants to the States to carry out water quality management sums authorized to be appropriated for the fiscal year ending planning, including, but not limited to September 30, 1982, an amount necessary to pay the entire cost of conveying sewage from the Convention Center of (A) identifying most cost effective and locally acceptable the city of New York to the Newtown sewage treatment facility and non-point measures to meet and maintain water plant, Brooklyn-Queens area, New York. The amount quality standards; allotted under this subsection shall be in addition to and not (B) developing an implementation plan to obtain State and in lieu of any other amounts authorized to be allotted to such local financial and regulatory commitments to implement State under this chapter.
measures developed under subparagraph (A);
(l) MARINE ESTUARY RESERVATION (C) determining the nature, extent, and causes of water (1) RESERVATION OF FUNDS quality problems in various areas of the State and interstate region, and reporting on these annually; and (A) GENERAL RULEPrior to making allotments among the States under subsection (c) of this section, the Administrator (D) determining those publicly owned treatment works shall reserve funds from sums appropriated pursuant to which should be constructed with assistance under this section 1287 of this title for each fiscal year beginning after subchapter, in which areas and in what sequence, taking into September 30, 1986.
account the relative degree of effluent reduction attained, the relative contributions to water quality of other point or (B) FISCAL YEARS 1987 AND 1988For each of fiscal years nonpoint sources, and the consideration of alternatives to 1987 and 1988 the reservation shall be 1 percent of the sums such construction, and implementing section 1313(e) of this appropriated pursuant to section 1287 of this title for such title. fiscal year.
(3) In carrying out planning with grants made under (C) FISCAL YEARS 1989 AND 1990For each of fiscal years paragraph (2) of this subsection, a State shall develop jointly 1989 and 1990 the reservation shall be 11/2 percent of the FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 funds appropriated pursuant to section 1287 of this title for section 1158 of this title in effect at the time of the initiation such fiscal year. of construction shall be reimbursed a total amount equal to (2) USE OF FUNDSOf the sums reserved under this the difference between the amount of Federal financial subsection, two-thirds shall be available to address water assistance, if any, received under such section 1158 of this quality problems of marine bays and estuaries subject to title for such project and 50 per centum of the cost of such lower levels of water quality due to the impacts of project, or 55 per centum of the project cost where the discharges from combined storm water and sanitary sewer Administrator also determines that such treatment works overflows from adjacent urban complexes, and one-third was constructed in conformity with a comprehensive shall be available for the implementation of section 1330 of metropolitan treatment plan as described in section 1158(f) this title, relating to the national estuary program. of this title as in effect immediately prior to October 18, 1972. Nothing in this subsection shall result in any such (3) PERIOD OF AVAILABILITYSums reserved under this works receiving Federal grants from all sources in excess of subsection shall be subject to the period of availability for 80 per centum of the cost of such project.
obligation established by subsection (d) of this section.
(b) PUBLICLY OWNED TREATMENT WORKS CONSTRUCTION (4) TREATMENT OF CERTAIN BODY OF WATERFor purposes INITIATED BETWEEN JUNE 30, 1956, AND JUNE 30, 1966; of this section and section 1281(n) of this title, Newark Bay, REIMBURSEMENT FORMULAAny publicly owned treatment New Jersey, and the portion of the Passaic River up to Little works constructed with or eligible for Federal financial Falls, in the vicinity of Beatties Dam, shall be treated as a assistance under this Act in a State between June 30, 1956, marine bay and estuary.
and June 30, 1966, which was approved by the State water (m) DISCRETIONARY DEPOSITS INTO STATE WATER pollution control agency and which the Administrator finds POLLUTION CONTROL REVOLVING FUNDS meets the requirements of section 1158 of this title prior to (1) FROM CONSTRUCTION GRANT ALLOTMENTSIn addition October 18, 1972 but which was constructed without to any amounts deposited in a water pollution control assistance under such section 1158 of this title or which revolving fund established by a State under subchapter VI of received such assistance in an amount less than 30 per this chapter, upon request of the Governor of such State, the centum of the cost of such project shall qualify for payments Administrator shall make available to the State for deposit, and reimbursement of State or local funds used for such as capitalization grants, in such fund in any fiscal year project from sums allocated to such State under this section beginning after September 30, 1986, such portion of the in an amount which shall not exceed the difference between amounts allotted to such State under this section for such the amount of such assistance, if any, received for such fiscal year as the Governor considers appropriate; except project and 30 per centum of the cost of such project.
that (A) in fiscal year 1987, such deposit may not exceed 50 (c) APPLICATION FOR REIMBURSEMENTNo publicly owned percent of the amounts allotted to such State under this treatment works shall receive any payment or section for such fiscal year, and (B) in fiscal year 1988, such reimbursement under subsection (a) or (b) of this section deposit may not exceed 75 percent of the amounts allotted unless an application for such assistance is filed with the to such State under this section for this fiscal year. Administrator within the one year period which begins on (2) NOTICE REQUIREMENTThe Governor of a State may October 18, 1972. Any application filed within such one make a request under paragraph (1) for a deposit into the year period may be revised from time to time, as may be water pollution control revolving fund of such State necessary.
(A) in fiscal year 1987 only if no later than 90 days after (d) ALLOCATION OF FUNDSThe Administrator shall February 4, 1987, and allocate to each qualified project under subsection (a) of this (B) in each fiscal year thereafter only if 90 days before the section each fiscal year for which funds are appropriated first day of such fiscal year, under subsection (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement the State provides notice of its intent to make such deposit. due such project as the total of such funds for such year (3) EXCEPTIONSums reserved under section 1285(j) of bears to the total unpaid balance of reimbursement due all this title shall not be available for obligation under this such approved projects on the date of enactment of such subsection. appropriation. The Administrator shall allocate to each qualified project under subsection (b) of this section each fiscal year for which funds are appropriated under SEC. 206. [33 U.S.C. 1286] REIMBURSEMENT AND subsection (e) of this section an amount which bears the ADVANCED CONSTRUCTION same ratio to the unpaid balance of the reimbursement due (a) PUBLICLY OWNED TREATMENT WORKS CONSTRUCTION such project as the total of such funds for such year bears to INITIATED AFTER JUNE 30, 1966, BUT BEFORE JULY 1, 1973; the total unpaid balance of reimbursement due all such REIMBURSEMENT FORMULAAny publicly owned treatment approved projects on the date of enactment of such works in a State on which construction was initiated after appropriation.
June 30, 1966, but before July 1, 1973, which was approved by the appropriate State water pollution control agency and (e) AUTHORIZATION OF APPROPRIATIONSThere is which the Administrator finds meets the requirements of authorized to be appropriated to carry out subsection (a) of this section not to exceed $2,600,000,000 and, to carry out FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 subsection (b) of this section, not to exceed $750,000,000. this title, for the fiscal year ending June 30, 1973, not to The authorizations contained in this subsection shall be the exceed $5,000,000,000, for the fiscal year ending June 30, sole source of funds for reimbursements authorized by this 1974, not to exceed $6,000,000,000, and for the fiscal year section. ending June 30, 1975, not to exceed $7,000,000,000, and (f) ADDITIONAL FUNDS subject to such amounts as are provided in appropriation Acts, for the fiscal year ending September 30, 1977, (1) In any case where a substantial portion of the funds
$1,000,000,000 for the fiscal year ending September 30, allotted to a State for the current fiscal year under this 1978, $4,500,000,000 and for the fiscal years ending subchapter have been obligated under section 1281(g) of September 30, 1979, September 30, 1980, not to exceed this title, or will be so obligated in a timely manner (as
$5,000,000,000; for the fiscal year ending September 30, determined by the Administrator), and there is construction 1981, not to exceed $2,548,837,000; and for the fiscal years of any treatment works project without the aid of Federal ending September 30, 1982, September 30, 1983, funds and in accordance with all procedures and all September 30, 1984, and September 30, 1985, not to exceed requirements applicable to treatment works projects, except
$2,400,000,000 per fiscal year; and for each of the fiscal those procedures and requirements which limit construction years ending September 30, 1986, September 30, 1987, and of projects to those constructed with the aid of previously September 30, 1988, not to exceed $2,400,000,000; and for allotted Federal funds, the Administrator, upon his approval each of the fiscal years ending September 30, 1989, and of an application made under this subsection therefor, is September 30, 1990, not to exceed $1,200,000,000.
authorized to pay the Federal share of the cost of construction of such project when additional funds are allotted to the State under this subchapter if prior to the SEC. 208. [33 U.S.C. 1288] AREAWIDE WASTE construction of the project the Administrator approves TREATMENT MANAGEMENT plans, specifications, and estimates therefor in the same (a) IDENTIFICATION AND DESIGNATION OF AREAS HAVING manner as other treatment works projects. The SUBSTANTIAL WATER QUALITY CONTROL PROBLEMSFor Administrator may not approve an application under this the purpose of encouraging and facilitating the development subsection unless an authorization is in effect for the first and implementation of areawide waste treatment fiscal year in the period for which the application requests management plans payment and such requested payment for that fiscal year (1) The Administrator, within ninety days after October 18, does not exceed the States expected allotment from such 1972, and after consultation with appropriate Federal, State, authorization. The Administrator shall not be required to and local authorities, shall by regulation publish guidelines make such requested payment for any fiscal year for the identification of those areas which, as a result of (A) to the extent that such payment would exceed such urban-industrial concentrations or other factors, have States allotment of the amount appropriated for such fiscal substantial water quality control problems.
year; and (2) The Governor of each State, within sixty days after (B) unless such payment is for a project which, on the basis publication of the guidelines issued pursuant to paragraph of an approved funding priority list of such State, is eligible (1) of this subsection, shall identify each area within the to receive such payment based on the allotment and State which, as a result of urban-industrial concentrations or appropriation for such fiscal year. other factors, has substantial water quality control problems.
To the extent that sufficient funds are not appropriated to Not later than one hundred and twenty days following such pay the full Federal share with respect to a project for which identification and after consultation with appropriate elected obligations under the provisions of this subsection have and other officials of local governments having jurisdiction been made, the Administrator shall reduce the Federal share in such areas, the Governor shall designate (A) the to such amount less than 75 per centum as such boundaries of each such area, and (B) a single representative appropriations do provide. organization, including elected officials from local (2) In determining the allotment for any fiscal year under governments or their designees, capable of developing this subchapter, any treatment works project constructed in effective areawide waste treatment management plans for accordance with this section and without the aid of Federal such area. The Governor may in the same manner at any funds shall not be considered completed until an application later time identify any additional area (or modify an existing under the provisions of this subsection with respect to such area) for which he determines areawide waste treatment project has been approved by the Administrator, or the management to be appropriate, designate the boundaries of availability of funds from which this project is eligible for such area, and designate an organization capable of reimbursement has expired, whichever first occurs. developing effective areawide waste treatment management plans for such area.
(3) With respect to any area which, pursuant to the SEC. 207. [33 U.S.C. 1287] AUTHORIZATION OF guidelines published under paragraph (1) of this subsection, APPROPRIATIONS is located in two or more States, the Governors of the There is authorized to be appropriated to carry out this respective States shall consult and cooperate in carrying out subchapter, other than sections 1286(e), 1288 and 1289 of the provisions of paragraph (2), with a view toward FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 designating the boundaries of the interstate area having land for treatment purposes; the necessary waste water common water quality control problems and for which collection and urban storm water runoff systems; and a areawide waste treatment management plans would be most program to provide the necessary financial arrangements for effective, and toward designating, within one hundred and the development of such treatment works, and an eighty days after publication of guidelines issued pursuant identification of open space and recreation opportunities that to paragraph (1) of this subsection, of a single representative can be expected to result from improved water quality, organization capable of developing effective areawide waste including consideration of potential use of lands associated treatment management plans for such area. with treatment works and increased access to water-based (4) If a Governor does not act, either by designating or recreation; determining not to make a designation under paragraph (2) (B) the establishment of construction priorities for such of this subsection, within the time required by such treatment works and time schedules for the initiation and paragraph, or if, in the case of an interstate area, the completion of all treatment works; Governors of the States involved do not designate a (C) the establishment of a regulatory program to planning organization within the time required by paragraph (i) implement the waste treatment management (3) of this subsection, the chief elected officials of local requirements of section 1281(c) of this title, governments within an area may by agreement designate (A) the boundaries for such an area, and (B) a single (ii) regulate the location, modification, and construction of representative organization including elected officials from any facilities within such area which may result in any such local governments, or their designees, capable of discharge in such area, and developing an areawide waste treatment management plan (iii) assure that any industrial or commercial wastes for such area. discharged into any treatment works in such area meet (5) Existing regional agencies may be designated under applicable pretreatment requirements; paragraphs (2), (3), and (4) of this subsection. (D) the identification of those agencies necessary to (6) The State shall act as a planning agency for all portions construct, operate, and maintain all facilities required by the of such State which are not designated under paragraphs (2), plan and otherwise to carry out the plan; (3), or (4) of this subsection. (E) the identification of the measures necessary to carry out (7) Designations under this subsection shall be subject to the the plan (including financing), the period of time necessary approval of the Administrator. to carry out the plan, the costs of carrying out the plan within such time, and the economic, social, and (b) PLANNING PROCESS environmental impact of carrying out the plan within such (1)(A) Not later than one year after the date of designation time; of any organization under subsection (a) of this section such (F) a process to (i) identify, if appropriate, agriculturally and organization shall have in operation a continuing areawide silviculturally related nonpoint sources of pollution, waste treatment management planning process consistent including return flows from irrigated agriculture, and their with section 1281 of this title. Plans prepared in accordance cumulative effects, runoff from manure disposal areas, and with this process shall contain alternatives for waste from land used for livestock and crop production, and (ii) treatment management, and be applicable to all wastes set forth procedures and methods (including land use generated within the area involved. The initial plan prepared requirements) to control to the extent feasible such sources; in accordance with such process shall be certified by the Governor and submitted to the Administrator not later than (G) a process to (i) identify, if appropriate, mine-related two years after the planning process is in operation. sources of pollution including new, current, and abandoned surface and underground mine runoff, and (ii) set forth (B) For any agency designated after 1975 under subsection procedures and methods (including land use requirements)
(a) of this section and for all portions of a State for which to control to the extent feasible such sources; the State is required to act as the planning agency in accordance with subsection (a)(6) of this section, the initial (H) a process to (i) identify construction activity related plan prepared in accordance with such process shall be sources of pollution, and (ii) set forth procedures and certified by the Governor and submitted to the methods (including land use requirements) to control to the Administrator not later than three years after the receipt of extent feasible such sources; the initial grant award authorized under subsection (f) of this (I) a process to (i) identify, if appropriate, salt water section. intrusion into rivers, lakes, and estuaries resulting from (2) Any plan prepared under such process shall include, but reduction of fresh water flow from any cause, including not be limited to irrigation, obstruction, ground water extraction, and diversion, and (ii) set forth procedures and methods to (A) the identification of treatment works necessary to meet control such intrusion to the extent feasible where such the anticipated municipal and industrial waste treatment procedures and methods are otherwise a part of the waste needs of the area over a twenty-year period, annually treatment management plan; updated (including an analysis of alternative waste treatment systems), including any requirements for the acquisition of (J) a process to control the disposition of all residual waste FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 generated in such area which could affect water quality; and approved by the Administrator pursuant to this paragraph.
(K) a process to control the disposal of pollutants on land or (D)(i) Whenever the Administrator determines after public in subsurface excavations within such area to protect ground hearing that a State is not administering a program approved and surface water quality. under this section in accordance with the requirements of (3) Areawide waste treatment management plans shall be this section, the Administrator shall so notify the State, and certified annually by the Governor or his designee (or if appropriate corrective action is not taken within a Governors or their designees, where more than one State is reasonable time, not to exceed ninety days, the involved) as being consistent with applicable basin plans Administrator shall withdraw approval of such program.
and such areawide waste treatment management plans shall The Administrator shall not withdraw approval of any such be submitted to the Administrator for his approval. program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal.
(4)(A) Whenever the Governor of any State determines (and notifies the Administrator) that consistency with a statewide (ii) In the case of a State with a program submitted and regulatory program under section 1313 of this title so approved under this paragraph, the Administrator shall requires, the requirements of clauses (F) through (K) of withdraw approval of such program under this subparagraph paragraph (2) of this subsection shall be developed and only for a substantial failure of the State to administer its submitted by the Governor to the Administrator for approval program in accordance with the requirements of this for application to a class or category of activity throughout paragraph.
such State. (c) REGIONAL OPERATING AGENCIES (B) Any program submitted under subparagraph (A) of this (1) The Governor of each State, in consultation with the paragraph which, in whole or in part, is to control the planning agency designated under subsection (a) of this discharge or other placement of dredged or fill material into section, at the time a plan is submitted to the Administrator, the navigable waters shall include the following: shall designate one or more waste treatment management (i) A consultation process which includes the State agency agencies (which may be an existing or newly created local, with primary jurisdiction over fish and wildlife resources. regional, or State agency or political subdivision) for each area designated under subsection (a) of this section and (ii) A process to identify and manage the discharge or other submit such designations to the Administrator.
placement of dredged or fill material which adversely affects navigable waters, which shall complement and be (2) The Administrator shall accept any such designation, coordinated with a State program under section 1344 of this unless, within 120 days of such designation, he finds that title conducted pursuant to this chapter. the designated management agency (or agencies) does not have adequate authority (iii) A process to assure that any activity conducted pursuant to a best management practice will comply with the (A) to carry out appropriate portions of an areawide waste guidelines established under section 1344(b)(1) of this title, treatment management plan developed under subsection (b) and sections 1317 and 1343 of this title. of this section; (iv) A process to assure that any activity conducted pursuant (B) to manage effectively waste treatment works and related to a best management practice can be terminated or facilities serving such area in conformance with any plan modified for cause including, but not limited to, the required by subsection (b) of this section; following: (C) directly or by contract, to design and construct new (I) violation of any condition of the best management works, and to operate and maintain new and existing works practice; as required by any plan developed pursuant to subsection (b) of this section; (II) change in any activity that requires either a temporary or permanent reduction or elimination of the discharge (D) to accept and utilize grants, or other funds from any pursuant to the best management practice. source, for waste treatment management purposes; (v) A process to assure continued coordination with Federal (E) to raise revenues, including the assessment of waste and Federal-State water-related planning and reviewing treatment charges; processes, including the National Wetlands Inventory. (F) to incur short- and long-term indebtedness; (C) If the Governor of a State obtains approval from the (G) to assure in implementation of an areawide waste Administrator of a statewide regulatory program which treatment management plan that each participating meets the requirements of subparagraph (B) of this community pays its proportionate share of treatment costs; paragraph and if such State is administering a permit (H) to refuse to receive any wastes from any municipality or program under section 1344 of this title, no person shall be subdivision thereof, which does not comply with any required to obtain an individual permit pursuant to such provisions of an approved plan under this section applicable section, or to comply with a general permit issued pursuant to such area; and to such section, with respect to any appropriate activity (I) to accept for treatment industrial wastes.
within such State for which a best management practice has been approved by the Administrator under the program (d) CONFORMITY OF WORKS WITH AREA PLANAfter a waste treatment management agency having the authority FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 required by subsection (c) of this section has been management plans under subsection (b) of this section.
designated under such subsection for an area and a plan for (h) TECHNICAL ASSISTANCE BY SECRETARY OF THE ARMY such area has been approved under subsection (b) of this (1) The Secretary of the Army, acting through the Chief of section, the Administrator shall not make any grant for Engineers, in cooperation with the Administrator is construction of a publicly owned treatment works under authorized and directed, upon request of the Governor or the section 1281(g)(1) of this title within such area except to designated planning organization, to consult with, and such designated agency and for works in conformity with provide technical assistance to, any agency designed [sic]
such plan.
under subsection (a) of this section in developing and (e) PERMITS NOT TO CONFLICT WITH APPROVED PLANSNo operating a continuing areawide waste treatment permit under section 1342 of this title shall be issued for any management planning process under subsection (b) of this point source which is in conflict with a plan approved section.
pursuant to subsection (b) of this section.
(2) There is authorized to be appropriated to the Secretary of (f) GRANTS the Army, to carry out this subsection, not to exceed (1) The Administrator shall make grants to any agency $50,000,000 per fiscal year for the fiscal years ending June designated under subsection (a) of this section for payment 30, 1973, and June 30, 1974.
of the reasonable costs of developing and operating a (i) STATE BEST MANAGEMENT PRACTICES PROGRAM continuing areawide waste treatment management planning (1) The Secretary of the Interior, acting through the Director process under subsection (b) of this section.
of the United States Fish and Wildlife Service, shall, upon (2) For the two-year period beginning on the date the first request of the Governor of a State, and without grant is made under paragraph (1) of this subsection to an reimbursement, provide technical assistance to such State in agency, if such first grant is made before October 1, 1977, developing a statewide program for submission to the the amount of each such grant to such agency shall be 100 Administrator under subsection (b)(4)(B) of this section and per centum of the costs of developing and operating a in implementing such program after its approval.
continuing areawide waste treatment management planning (2) There is authorized to be appropriated to the Secretary of process under subsection (b) of this section, and thereafter the Interior $6,000,000 to complete the National Wetlands the amount granted to such agency shall not exceed 75 per Inventory of the United States, by December 31, 1981, and centum of such costs in each succeeding one-year period. In to provide information from such Inventory to States as it the case of any other grant made to an agency under such becomes available to assist such States in the development paragraph (1) of this subsection, the amount of such grant and operation of programs under this chapter.
shall not exceed 75 per centum of the costs of developing and operating a continuing areawide waste treatment (j) AGRICULTURAL COST SHARING management planning process in any year. (1) The Secretary of Agriculture, with the concurrence of (3) Each applicant for a grant under this subsection shall the Administrator, and acting through the Soil Conservation submit to the Administrator for his approval each proposal Service and such other agencies of the Department of for which a grant is applied for under this subsection. The Agriculture as the Secretary may designate, is authorized Administrator shall act upon such proposal as soon as and directed to establish and administer a program to enter practicable after it has been submitted, and his approval of into contracts, subject to such amounts as are provided in that proposal shall be deemed a contractual obligation of the advance by appropriation acts, of not less than five years nor United States for the payment of its contribution to such more than ten years with owners and operators having proposal, subject to such amounts as are provided in control of rural land for the purpose of installing and appropriation Acts. There is authorized to be appropriated to maintaining measures incorporating best management carry out this subsection not to exceed $50,000,000 for the practices to control nonpoint source pollution for improved fiscal year ending June 30, 1973, not to exceed water quality in those States or areas for which the
$100,000,000 for the fiscal year ending June 30, 1974, not Administrator has approved a plan under subsection (b) of to exceed $150,000,000 per fiscal year for the fiscal years this section where the practices to which the contracts apply ending June 30, 1975, September 30, 1977, September 30, are certified by the management agency designated under 1978, September 30, 1979, and September 30, 1980, not to subsection (c)(1) of this section to be consistent with such exceed $100,000,000 per fiscal year for the fiscal years plans and will result in improved water quality. Such ending September 30, 1981, and September 30, 1982, and contracts may be entered into during the period ending not such sums as may be necessary for fiscal years 1983 later than September 31, 1988. Under such contracts the through 1990. land owner or operator shall agree (g) TECHNICAL ASSISTANCE BY ADMINISTRATORThe (i) to effectuate a plan approved by a soil conservation Administrator is authorized, upon request of the Governor district, where one exists, under this section for his farm, or the designated planning agency, and without ranch, or other land substantially in accordance with the reimbursement, to consult with, and provide technical schedule outlined therein unless any requirement thereof is assistance to, any agency designated under subsection (a) of waived or modified by the Secretary; this section in the development of areawide waste treatment (ii) to forfeit all rights to further payments or grants under FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 the contract and refund to the United States all payments Additional investigations or plans may be made, where and grants received thereunder, with interest, upon his necessary, to supplement approved water quality violation of the contract at any stage during the time he has management plans, in order to determine priorities.
control of the land if the Secretary, after considering the (5) The Secretary shall, where practicable, enter into recommendations of the soil conservation district, where agreements with soil conservation districts, State soil and one exists, and the Administrator, determines that such water conservation agencies, or State water quality agencies violation is of such a nature as to warrant termination of the to administer all or part of the program established in this contract, or to make refunds or accept such payment subsection under regulations developed by the Secretary.
adjustments as the Secretary may deem appropriate if he Such agreements shall provide for the submission of such determines that the violation by the owner or operator does reports as the Secretary deems necessary, and for payment not warrant termination of the contract; by the United States of such portion of the costs incurred in (iii) upon transfer of his right and interest in the farm, ranch, the administration of the program as the Secretary may or other land during the contract period to forfeit all rights to deem appropriate.
further payments or grants under the contract and refund to (6) The contracts under this subsection shall be entered into the United States all payments or grants received only in areas where the management agency designated thereunder, with interest, unless the transferee of any such under subsection (c)(1) of this section assures an adequate land agrees with the Secretary to assume all obligations of level of participation by owners and operators having the contract; control of rural land in such areas. Within such areas the (iv) not to adopt any practice specified by the Secretary on local soil conservation district, where one exists, together the advice of the Administrator in the contract as a practice with the Secretary of Agriculture, will determine the priority which would tend to defeat the purposes of the contract; of assistance among individual land owners and operators to (v) to such additional provisions as the Secretary determines assure that the most critical water quality problems are are desirable and includes in the contract to effectuate the addressed.
purposes of the program or to facilitate the practical (7) The Secretary, in consultation with the Administrator administration of the program. and subject to section 1314(k) of this title, shall, not later (2) In return for such agreement by the landowner or than September 30, 1978, promulgate regulations for operator the Secretary shall agree to provide technical carrying out this subsection and for support and cooperation assistance and share the cost of carrying out those with other Federal and non-Federal agencies for conservation practices and measures set forth in the contract implementation of this subsection.
for which he determines that cost sharing is appropriate and (8) This program shall not be used to authorize or finance in the public interest and which are approved for cost projects that would otherwise be eligible for assistance sharing by the agency designated to implement the plan under the terms of Public Law 83-566 [16 U.S.C. § 1001 et developed under subsection (b) of this section. The portion seq.].
of such cost (including labor) to be shared shall be that part (9) There are hereby authorized to be appropriated to the which the Secretary determines is necessary and appropriate Secretary of Agriculture $200,000,000 for fiscal year 1979, to effectuate the installation of the water quality $400,000,000 for fiscal year 1980, $100,000,000 for fiscal management practices and measures under the contract, but year 1981, $100, 000,000 for fiscal year 1982, and such not to exceed 50 per centum of the total cost of the measures sums as may be necessary for fiscal years 1983 through set forth in the contract; except the Secretary may increase 1990, to carry out this subsection. The program authorized the matching cost share where he determines that (1) the under this subsection shall be in addition to, and not in main benefits to be derived from the measures are related to substitution of, other programs in such area authorized by improving offsite water quality, and (2) the matching share this or any other public law.
requirement would place a burden on the landowner which would probably prevent him from participating in the program. SEC. 209. [33 U.S.C. 1289] BASIN PLANNING (3) The Secretary may terminate any contract with a (a) PREPARATION OF LEVEL B PLANSThe President, acting landowner or operator by mutual agreement with the owner through the Water Resources Council, shall, as soon as or operator if the Secretary determines that such termination practicable, prepare a Level B plan under the Water would be in the public interest, and may agree to such Resources Planning Act [42 U.S.C. § 1962 et seq.] for all modification of contracts previously entered into as he may basins in the United States. All such plans shall be determine to be desirable to carry out the purposes of the completed not later than January 1, 1980, except that program or facilitate the practical administration thereof or priority in the preparation of such plans shall be given to to accomplish equitable treatment with respect to other those basins and portions thereof which are within those conservation, land use, or water quality programs. areas designated under paragraphs (2), (3), and (4) of subsection (a) of section 1288 of this title.
(4) In providing assistance under this subsection the Secretary will give priority to those areas and sources that (b) REPORTING REQUIREMENTSThe President, acting have the most significant effect upon water quality. through the Water Resources Council, shall report annually FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 to Congress on progress being made in carrying out this systems used in the storage, treatment, recycling, and section. The first such report shall be submitted not later reclamation of municipal sewage or industrial wastes of a than January 31, 1973. liquid nature to implement section 1281 of this title, or (c) AUTHORIZATION OF APPROPRIATIONSThere is necessary to recycle or reuse water at the most economical authorized to be appropriated to carry out this section not to cost over the estimated life of the works, including exceed $200,000,000. intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, SEC. 210. [33 U.S.C. 1290] ANNUAL SURVEY additions, and alterations thereof; elements essential to The Administrator shall annually make a survey to provide a reliable recycled supply such as standby treatment determine the efficiency of the operation and maintenance units and clear well facilities; and any works, including site of treatment works constructed with grants made under this acquisition of the land that will be an integral part of the chapter, as compared to the efficiency planned at the time treatment process (including land used for the storage of the grant was made. The results of such annual survey shall treated wastewater in land treatment systems prior to land be included in the report required under section 1375(a) of application) or is used for ultimate disposal of residues this title. resulting from such treatment.
(B) In addition to the definition contained in subparagraph (A) of this paragraph, treatment works means any other SEC. 211. [33 U.S.C. 1291] SEWAGE COLLECTION method or system for preventing, abating, reducing, storing, SYSTEMS treating, separating, or disposing of municipal waste, (a) EXISTING AND NEW SYSTEMSNo grant shall be made including storm water runoff, or industrial waste, including for a sewage collection system under this subchapter unless waste in combined storm water and sanitary sewer systems.
such grant (1) is for replacement or major rehabilitation of Any application for construction grants which includes an existing collection system and is necessary to the total wholly or in part such methods or systems shall, in integrity and performance of the waste treatment works accordance with guidelines published by the Administrator servicing such community, or (2) is for a new collection pursuant to subparagraph (C) of this paragraph, contain system in an existing community with sufficient existing or adequate data and analysis demonstrating such proposal to planned capacity adequately to treat such collected sewage be, over the life of such works, the most cost efficient and is consistent with section 1281 of this title.
alternative to comply with sections 1311 or 1312 of this (b) USE OF POPULATION DENSITY AS TESTIf the title, or the requirements of section 1281 of this title.
Administrator uses population density as a test for (C) For the purposes of subparagraph (B) of this paragraph, determining the eligibility of a collector sewer for assistance the Administrator shall, within one hundred and eighty days it shall be only for the purpose of evaluating alternatives and after October 18, 1972, publish and thereafter revise no less determining the needs for such system in relation to ground often than annually, guidelines for the evaluation of or surface water quality impact. methods, including cost-effective analysis, described in (c) POLLUTANT DISCHARGES FROM SEPARATE STORM SEWER subparagraph (B) of this paragraph.
SYSTEMSNo grant shall be made under this subchapter (3) The term replacement as used in this subchapter from funds authorized for any fiscal year during the period means those expenditures for obtaining and installing beginning October 1, 1977, and ending September 30, 1990, equipment, accessories, or appurtenances during the useful for treatment works for control of pollutant discharges from life of the treatment works necessary to maintain the separate storm sewer systems. capacity and performance for which such works are designed and constructed.
SEC. 212. [33 U.S.C. 1292] DEFINITIONS As used in this subchapter SEC. 213. [33 U.S.C. 1293] LOAN GUARANTEES (1) The term construction means any one or more of the (a) STATE OR LOCAL OBLIGATIONS ISSUED EXCLUSIVELY TO following: preliminary planning to determine the feasibility FEDERAL FINANCING BANK FOR PUBLICLY OWNED of treatment works, engineering, architectural, legal, fiscal, TREATMENT WORKS; DETERMINATION OF ELIGIBILITY OF or economic investigations or studies, surveys, designs, PROJECT BY ADMINISTRATORSubject to the conditions of plans, working drawings, specifications, procedures, field this section and to such terms and conditions as the testing of innovative or alternative waste water treatment Administrator determines to be necessary to carry out the processes and techniques meeting guidelines promulgated purposes of this subchapter, the Administrator is authorized under section 1314(d)(3) of this title, or other necessary to guarantee, and to make commitments to guarantee, the actions, erection, building, acquisition, alteration, principal and interest (including interest accruing between remodeling, improvement, or extension of treatment works, the date of default and the date of the payment in full of the or the inspection or supervision of any of the foregoing guarantee) of any loan, obligation, or participation therein of items. any State, municipality, or intermunicipal or interstate (2)(A) The term treatment works means any devices and agency issued directly and exclusively to the Federal FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Financing Bank to finance that part of the cost of any grant- through the Chief of Engineers, shall establish the contained eligible project for the construction of publicly owned spoil disposal facilities authorized in subsection (a) of this treatment works not paid for with Federal financial section at the earliest practicable date, taking into assistance under this subchapter (other than this section), consideration the views and recommendations of the which project the Administrator has determined to be Administrator of the Environmental Protection Agency as to eligible for such financial assistance under this subchapter, those areas which, in the Administrators judgment, are including, but not limited to, projects eligible for most urgently in need of such facilities and pursuant to the reimbursement under section 1286 of this title. requirements of the National Environmental Policy Act of (b) CONDITIONS FOR ISSUANCENo guarantee, or 1969 [42 U.S.C. § 4321 et seq.] and the Federal Water commitment to make a guarantee, may be made pursuant to Pollution Control Act [33 U.S.C. § 1251 et seq.].
this section (c) WRITTEN AGREEMENT REQUIREMENT; TERMS OF (1) unless the Administrator certifies that the issuing body is AGREEMENTPrior to construction of any such facility, the unable to obtain on reasonable terms sufficient credit to appropriate State or States, interstate agency, municipality, finance its actual needs without such guarantee; and or other appropriate political subdivision of the State shall agree in writing to (1) furnish all lands, easements, and (2) unless the Administrator determines that there is a rights-of-way necessary for the construction, operation, and reasonable assurance of repayment of the loan, obligation, maintenance of the facility; (2) contribute to the United or participation therein.
States 25 per centum of the construction costs, such amount A determination of whether financing is available at to be payable either in cash prior to construction, in reasonable rates shall be made by the Secretary of the installments during construction, or in installments, with Treasury with relationship to the current average yield on interest at a rate to be determined by the Secretary of the outstanding marketable obligations of municipalities of Treasury, as of the beginning of the fiscal year in which comparable maturity. construction is initiated, on the basis of the computed (c) FEES FOR APPLICATION INVESTIGATION AND ISSUANCE OF average interest rate payable by the Treasury upon its COMMITMENT GUARANTEEThe Administrator is outstanding marketable public obligations, which are neither authorized to charge reasonable fees for the investigation of due or callable for redemption for fifteen years from date of an application for a guarantee and for the issuance of a issue; (3) hold and save the United States free from damages commitment to make a guarantee. due to construction, operation, and maintenance of the (d) COMMITMENT FOR REPAYMENTThe Administrator, in facility; and (4) except as provided in subsection (f) of this determining whether there is a reasonable assurance of section, maintain the facility after completion of its use for repayment, may require a commitment which would apply disposal purposes in a manner satisfactory to the Secretary to such repayment. Such commitment may include, but not of the Army.
be limited to, any funds received by such grantee from the (d) WAIVER OF CONSTRUCTION COSTS CONTRIBUTION FROM amounts appropriated under section 1286 of this title. NON-FEDERAL INTERESTS; FINDINGS OF PARTICIPATION IN WASTE TREATMENT FACILITIES FOR GENERAL GEOGRAPHICAL AREA AND COMPLIANCE WITH WATER SEC. XXX. [33 U.S.C. 1293a] CONTAINED SPOIL QUALITY STANDARDS; WAIVER OF PAYMENTS IN EVENT OF DISPOSAL FACILITIES WRITTEN AGREEMENT BEFORE OCCURRENCE OF FINDINGS (a) CONSTRUCTION, OPERATION, AND MAINTENANCE; The requirement for appropriate non-Federal interest or PERIOD; CONDITIONS; REQUIREMENTSThe Secretary of the interests to furnish an agreement to contribute 25 per Army, acting through the Chief of Engineers, is authorized centum of the construction costs as set forth in subsection to construct, operate, and maintain, subject to the provisions (c) of this section shall be waived by the Secretary of the of subsection (c) of this section, contained spoil disposal Army upon a finding by the Administrator of the facilities of sufficient capacity for a period not to exceed ten Environmental Protection Agency that for the area to which years, to meet the requirements of this section. Before such construction applies, the State or States involved, establishing each such facility, the Secretary of the Army interstate agency, municipality, and other appropriate shall obtain the concurrence of appropriate local political subdivision of the State and industrial concerns are governments and shall consider the views and participating in and in compliance with an approved plan for recommendations of the Administrator of the Environmental the general geographical area of the dredging activity for Protection Agency and shall comply with requirements of construction, modification, expansion, or rehabilitation of section 1171 of this title, and of the National Environmental waste treatment facilities and the Administrator has found Policy Act of 1969 [42 U.S.C. § 4321 et seq.]. Section 401 that applicable water quality standards are not being of this title shall not apply to any facility authorized by this violated. In the event such findings occur after the section. appropriate non-Federal interest or interests have entered (b) TIME FOR ESTABLISHMENT; CONSIDERATION OF AREA into the agreement required by subsection (c) of this section, NEEDS; REQUIREMENTSThe Secretary of the Army, acting any payments due after the date of such findings as part of the required local contribution of 25 per centum of the
construction costs shall be waived by the Secretary of the Not enacted as part of the Federal Water Pollution Control Act.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Army. (1) STUDYThe Secretary of the Army, acting through the (e) FEDERAL PAYMENT OF COSTS FOR DISPOSAL OF DREDGED Chief of Engineers, shall conduct a study of the materials SPOIL FROM PROJECTNotwithstanding any other provision disposed of in contained spoil disposal facilities constructed of law, all costs of disposal of dredged spoil from the under this section for the purpose of determining whether or project for the Great Lakes connecting channels, Michigan, not toxic pollutants are present in such facilities and for the shall be borne by the United States. purpose of determining the concentration levels of each of such pollutants in such facilities.
(f) TITLE TO LANDS, EASEMENTS, AND RIGHTS-OF-WAY; RETENTION BY NON-FEDERAL INTERESTS; CONVEYANCE OF (2) REPORTNot later than 1 year after November 17, FACILITIES; AGREEMENT OF TRANSFEREEThe participating 1988, the Secretary shall transmit to Congress a report on non-Federal interest or interests shall retain title to all lands, the results of the study conducted under paragraph (1).
easements, and rights-of-way furnished by it pursuant to (3) INSPECTION AND MONITORING PROGRAMThe Secretary subsection (c) of this section. A spoil disposal facility shall conduct a program to inspect and monitor contained owned by a non-Federal interest or interests may be spoil disposal facilities constructed under this section for the conveyed to another party only after completion of the purpose of determining whether or not toxic pollutants are facilitys use for disposal purposes and after the transferee leaking from such facilities.
agrees in writing to use or maintain the facility in a manner (4) TOXIC POLLUTANT DEFINEDFor purposes of this which the Secretary of the Army determines to be subsection, the term toxic pollutant means those toxic satisfactory. pollutants referred to in section 1311(b)(2)(C) and (g) FEDERAL LICENSES OR PERMITS; CHARGES; REMISSION OF 1311(b)(2)(D) of this title and such other pollutants as the CHARGEAny spoil disposal facilities constructed under the Secretary, in consultation with the Administrator of the provisions of this section shall be made available to Federal Environmental Protection Agency, determines are licensees or permittees upon payment of an appropriate appropriate based on their effects on human health and the charge for such use. Twenty-five per centum of such charge environment.
shall be remitted to the participating non-Federal interest or interests except for those excused from contributing to the construction costs under subsections (d) and (e) of this SEC. 214. [33 U.S.C. 1294] PUBLIC INFORMATION AND section. EDUCATION ON RECYCLING AND REUSE OF WASTEWATER, USE OF LAND TREATMENT, AND REDUCTION OF (h) PROVISIONS APPLICABLE TO GREAT LAKES AND THEIR WASTEWATER VOLUME CONNECTING CHANNELSThis section, other than The Administrator shall develop and operate within one subsection (i), shall be applicable only to the Great Lakes year of December 27, 1977, a continuing program of public and their connecting channels.
information and education on recycling and reuse of (i) RESEARCH, STUDY, AND EXPERIMENTATION PROGRAM wastewater (including sludge), the use of land treatment, RELATING TO DREDGED SPOIL EXTENDED TO NAVIGABLE and methods for the reduction of wastewater volume.
WATERS, ETC.; COOPERATIVE PROGRAM; SCOPE OF PROGRAM; UTILIZATION OF FACILITIES AND PERSONNEL OF FEDERAL AGENCYThe Chief of Engineers, under the SEC. 215. [33 U.S.C. 1295] REQUIREMENTS FOR direction of the Secretary of the Army, is hereby authorized AMERICAN MATERIALS to extend to all navigable waters, connecting channels, Notwithstanding any other provision of law, no grant for tributary streams, other waters of the United States and which application is made after February 1, 1978, shall be waters contiguous to the United States, a comprehensive made under this subchapter for any treatment works unless program of research, study, and experimentation relating to only such unmanufactured articles, materials, and supplies dredged spoil. This program shall be carried out in as have been mined or produced in the United States, and cooperation with other Federal and State agencies, and shall only such manufactured articles, materials, and supplies as include, but not be limited to, investigations on the have been manufactured in the United States, substantially characteristics of dredged spoil, and alternative methods of all from articles, materials, or supplies mined, produced, or its disposal. To the extent that such study shall include the manufactured, as the case may be, in the United States will effects of such dredge spoil on water quality, the facilities be used in such treatment works. This section shall not and personnel of the Environmental Protection Agency shall apply in any case where the Administrator determines, be utilized. based upon those factors the Administrator deems relevant, (j) PERIOD FOR DEPOSITING DREDGED MATERIALSThe including the available resources of the agency, it to be Secretary of the Army, acting through the Chief of inconsistent with the public interest (including multilateral Engineers, is authorized to continue to deposit dredged government procurement agreements) or the cost to be materials into a contained spoil disposal facility constructed unreasonable, or if articles, materials, or supplies of the under this section until the Secretary determines that such class or kind to be used or the articles, materials, or supplies facility is no longer needed for such purpose or that such from which they are manufactured are not mined, produced, facility is completely full. or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities (k) STUDY AND MONITORING PROGRAM FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 and of a satisfactory quality. intercepting sewers, outfall sewers, sewage collection systems, pumping power, and other equipment, and their appurtenances; extension, improvements, remodeling, SEC. 216. [33 U.S.C. 1296] DETERMINATION OF PRIORITY additions, and alterations thereof; elements essential to OF PROJECTS provide a reliable recycled supply such as standby treatment Notwithstanding any other provision of this chapter, the units and clear well facilities; and any works, including site determination of the priority to be given each category of acquisition of the land that will be an integral part of the projects for construction of publicly owned treatment works treatment process (including land use for the storage of within each State shall be made solely by that State, except treated wastewater in land treatment systems prior to land that if the Administrator, after a public hearing, determines application) or which is used for ultimate disposal of that a specific project will not result in compliance with the residues resulting from such treatment; water efficiency enforceable requirements of this chapter, such project shall measures and devices; and any other method or system for be removed from the States priority list and such State shall preventing, abating, reducing, storing, treating, separating, submit a revised priority list. These categories shall include, or disposing of municipal waste, including storm water but not be limited to (A) secondary treatment, (B) more runoff, or industrial waste, including waste in combined stringent treatment, (C) infiltration-in-flow correction, (D) storm water and sanitary sewer systems; to meet the major sewer system rehabilitation, (E) new collector sewers requirements of this chapter.
and appurtenances, (F) new interceptors and appurtenances, (b) DETERMINATION BY ADMINISTRATOR AS PREREQUISITE and (G) correction of combined sewer overflows. Not less TO APPROVAL OF GRANTIn accordance with the policy set than 25 per centum of funds allocated to a State in any fiscal forth in subsection (a) of this section, before the year under this subchapter for construction of publicly Administrator approves any grant to any State, municipality, owned treatment works in such State shall be obligated for or intermunicipal or interstate agency for the erection, those types of projects referred to in clauses (D), (E), (F),
building, acquisition, alteration, remodeling, improvement, and (G) of this section, if such projects are on such States or extension of any treatment works the Administrator shall priority list for that year and are otherwise eligible for determine that the facilities plan of which such treatment funding in that fiscal year. It is the policy of Congress that works are a part constitutes the most economical and cost-projects for wastewater treatment and management effective combination of treatment works over the life of the undertaken with Federal financial assistance under this project to meet the requirements of this chapter, including, chapter by any State, municipality, or intermunicipal or but not limited to, consideration of construction costs, interstate agency shall be projects which, in the estimation operation, maintenance, and replacement costs.
of the State, are designed to achieve optimum water quality management, consistent with the public health and water (c) VALUE ENGINEERING REVIEWIn furtherance of the quality goals and requirements of this chapter. policy set forth in subsection (a) of this section, the Administrator shall require value engineering review in connection with any treatment works, prior to approval of SEC. 217. [33 U.S.C. 1297] COST-EFFECTIVENESS any grant for the erection, building, acquisition, alteration, GUIDELINES remodeling, improvement, or extension of such treatment Any guidelines for cost-effectiveness analysis published by works, in any case in which the cost of such erection, the Administrator under this subchapter shall provide for the building, acquisition, alteration, remodeling, improvement, identification and selection of cost effective alternatives to or extension is projected to be in excess of $10,000,000. For comply with the objective and goals of this chapter and purposes of this subsection, the term value engineering sections 1281(b), 1281(d), 1281(g)(2)(A), and review means a specialized cost control technique which 1311(b)(2)(B) of this title. uses a systematic and creative approach to identify and to focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or SEC. 218. [33 U.S.C. 1298] COST EFFECTIVENESS efficiency of the project.
(a) CONGRESSIONAL STATEMENT OF POLICYIt is the policy (d) PROJECTS AFFECTEDThis section applies to projects of Congress that a project for waste treatment and for waste treatment and management for which no treatment management undertaken with Federal financial assistance works including a facilities plan for such project have under this chapter by any State, municipality, or received Federal financial assistance for the preparation of intermunicipal or interstate agency shall be considered as an construction plans and specifications under this chapter overall waste treatment system for waste treatment and before December 29, 1981.
management, and shall be that system which constitutes the most economical and cost-effective combination of devices and systems used in the storage, treatment, recycling, and SEC. 219. [33 U.S.C. 1299] STATE CERTIFICATION OF reclamation of municipal sewage or industrial wastes of a PROJECTS liquid nature to implement section 1281 of this title, or Whenever the Governor of a State which has been delegated necessary to recycle or reuse water at the most economical sufficient authority to administer the construction grant cost over the estimated life of the works, including program under this subchapter in that State certifies to the FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Administrator that a grant application meets applicable and Public Works of the Senate.
requirements of Federal and State law for assistance under (2) REQUIREMENTS FOR SECURING CONSIDERATIONFor this subchapter, the Administrator shall approve or purposes of securing consideration of approval under disapprove such application within 45 days of the date of paragraph (1), the Administrator shall provide to a receipt of such application. If the Administrator does not committee referred to in paragraph (1) such information as approve or disapprove such application within 45 days of the committee requests and the non-Federal sponsor shall receipt, the application shall be deemed approved. If the provide to the committee information on the costs and Administrator disapproves such application the relative needs for the alternative water source project.
Administrator shall state in writing the reasons for such (f) USES OF GRANTSAmounts from grants received under disapproval. Any grant approved or deemed approved under this section may be used for engineering, design, this section shall be subject to amounts provided in construction, and final testing of alternative water source appropriation Acts.
projects designed to meet critical water supply needs. Such amounts may not be used for planning, feasibility studies or SEC. 220. [33 U.S.C. 1300] PILOT PROGRAM FOR for operation, maintenance, replacement, repair, or ALTERNATIVE WATER SOURCE PROJECTS rehabilitation.
(a) POLICYNothing in this section shall be construed to (g) COST SHARINGThe Federal share of the eligible costs affect the application of section 1251(g) of this title and all of an alternative water source project carried out using of the provisions of this section shall be carried out in assistance made available under this section shall not exceed accordance with the provisions of section 1251(g) of this 50 percent.
title. (h) REPORTSOn or before September 30, 2004, the (b) IN GENERALThe Administrator may establish a pilot Administrator shall transmit to Congress a report on the program to make grants to State, interstate, and intrastate results of the pilot program established under this section, water resource development agencies (including water including progress made toward meeting the critical water management districts and water supply authorities), local supply needs of the participants in the pilot program.
government agencies, private utilities, and nonprofit entities (i) DEFINITIONSIn this section, the following definitions for alternative water source projects to meet critical water apply:
supply needs.
(1) ALTERNATIVE WATER SOURCE PROJECTThe term (c) ELIGIBLE ENTITYThe Administrator may make grants alternative water source project means a project designed under this section to an entity only if the entity has authority to provide municipal, industrial, and agricultural water under State law to develop or provide water for municipal, supplies in an environmentally sustainable manner by industrial, and agricultural uses in an area of the State that is conserving, managing, reclaiming, or reusing water or experiencing critical water supply needs. wastewater or by treating wastewater. Such term does not (d) SELECTION OF PROJECTS include water treatment or distribution facilities.
(1) LIMITATIONA project that has received funds under (2) CRITICAL WATER SUPPLY NEEDSThe term critical the reclamation and reuse program conducted under the water supply needs means existing or reasonably Reclamation Projects Authorization and Adjustment Act of anticipated future water supply needs that cannot be met by 1992 (43 U.S.C. 390h et seq.) shall not be eligible for grant existing water supplies, as identified in a comprehensive assistance under this section. statewide or regional water supply plan or assessment (2) ADDITIONAL CONSIDERATIONIn making grants under projected over a planning period of at least 20 years.
this section, the Administrator shall consider whether the (j) AUTHORIZATION OF APPROPRIATIONSThere is project is located within the boundaries of a State or area authorized to be appropriated to carry out this section a total referred to in section 391 of Title 43, and within the of $75,000,000 for fiscal years 2002 through 2004. Such geographic scope of the reclamation and reuse program sums shall remain available until expended.
conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.).
SEC. 221. [33 U.S.C. 1301] SEWER OVERFLOW CONTROL (3) GEOGRAPHICAL DISTRIBUTIONAlternative water GRANTS source projects selected by the Administrator under this (a) IN GENERALIn any fiscal year in which the section shall reflect a variety of geographical and Administrator has available for obligation at least environmental conditions.
$1,350,000,000 for the purposes of section 1381 of this (e) COMMITTEE RESOLUTION PROCEDURE title (1) IN GENERALNo appropriation shall be made for any (1) the Administrator may make grants to States for the alternative water source project under this section, the total purpose of providing grants to a municipality or municipal Federal cost of which exceeds $3,000,000, if such project entity for planning, design, and construction of treatment has not been approved by a resolution adopted by the works to intercept, transport, control, or treat municipal Committee on Transportation and Infrastructure of the combined sewer overflows and sanitary sewer overflows; House of Representatives or the Committee on Environment FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 and (f) AUTHORIZATION OF APPROPRIATIONSThere is (2) subject to subsection (g) of this section, the authorized to be appropriated to carry out this section Administrator may make a direct grant to a municipality or $750,000,000 for each of fiscal years 2002 and 2003. Such municipal entity for the purposes described in paragraph (1). sums shall remain available until expended.
(b) PRIORITIZATIONIn selecting from among (g) ALLOCATION OF FUNDS municipalities applying for grants under subsection (a) of (1) FISCAL YEAR 2002Subject to subsection (h) of this this section, a State or the Administrator shall give priority section, the Administrator shall use the amounts to an applicant that appropriated to carry out this section for fiscal year 2002 for (1) is a municipality that is a financially distressed making grants to municipalities and municipal entities under community under subsection (c) of this section; subsection (a)(2) of this section, in accordance with the criteria set forth in subsection (b) of this section.
(2) has implemented or is complying with an implementation schedule for the nine minimum controls (2) FISCAL YEAR 2003Subject to subsection (h) of this specified in the CSO control policy referred to in section section, the Administrator shall use the amounts 1342(q)(1) of this title and has begun implementing a long- appropriated to carry out this section for fiscal year 2003 as term municipal combined sewer overflow control plan or a follows:
separate sanitary sewer overflow control plan; (A) Not to exceed $250,000,000 for making grants to (3) is requesting a grant for a project that is on a States municipalities and municipal entities under subsection (a)(2) intended use plan pursuant to section 1386(c) of this title; or of this section, in accordance with the criteria set forth in subsection (b) of this section.
(4) is an Alaska Native Village.
(B) All remaining amounts for making grants to States (c) FINANCIALLY DISTRESSED COMMUNITY under subsection (a)(1) of this section, in accordance with a (1) DEFINITIONIn subsection (b) of this section, the term formula to be established by the Administrator, after financially distressed community means a community that providing notice and an opportunity for public comment, meets affordability criteria established by the State in which that allocates to each State a proportional share of such the community is located, if such criteria are developed after amounts based on the total needs of the State for municipal public review and comment. combined sewer overflow controls and sanitary sewer (2) CONSIDERATION OF IMPACT ON WATER AND SEWER overflow controls identified in the most recent survey RATESIn determining if a community is a distressed conducted pursuant to section 1375(b)(1) of this title.
community for the purposes of subsection (b) of this (h) ADMINISTRATIVE EXPENSESOf the amounts section, the State shall consider, among other factors, the appropriated to carry out this section for each fiscal year extent to which the rate of growth of a communitys tax (1) the Administrator may retain an amount not to exceed 1 base has been historically slow such that implementing a percent for the reasonable and necessary costs of plan described in subsection (b)(2) of this section would administering this section; and result in a significant increase in any water or sewer rate charged by the communitys publicly owned wastewater (2) the Administrator, or a State, may retain an amount not treatment facility. to exceed 4 percent of any grant made to a municipality or municipal entity under subsection (a) of this section, for the (3) INFORMATION TO ASSIST STATESThe Administrator reasonable and necessary costs of administering the grant.
may publish information to assist States in establishing affordability criteria under paragraph (1). (i) REPORTSNot later than December 31, 2003, and periodically thereafter, the Administrator shall transmit to (d) COST-SHARINGThe Federal share of the cost of Congress a report containing recommended funding levels activities carried out using amounts from a grant made for grants under this section. The recommended funding under subsection (a) of this section shall be not less than 55 levels shall be sufficient to ensure the continued expeditious percent of the cost. The non-Federal share of the cost may implementation of municipal combined sewer overflow and include, in any amount, public and private funds and in-kind sanitary sewer overflow controls nationwide.
services, and may include, notwithstanding section 1383(h) of this title, financial assistance, including loans, from a State water pollution control revolving fund. SUBCHAPTER IIISTANDARDS AND (e) ADMINISTRATIVE REPORTING REQUIREMENTSIf a ENFORCEMENT project receives grant assistance under subsection (a) of this section and loan assistance from a State water pollution SEC. 301. [33 U.S.C. 1311] EFFLUENT LIMITATIONS control revolving fund and the loan assistance is for 15 (a) ILLEGALITY OF POLLUTANT DISCHARGES EXCEPT IN percent or more of the cost of the project, the project may be COMPLIANCE WITH LAWExcept as in compliance with this administered in accordance with State water pollution section and sections 1312, 1316, 1317, 1328, 1342, and control revolving fund administrative reporting 1344 of this title, the discharge of any pollutant by any requirements for the purposes of streamlining such person shall be unlawful.
requirements. (b) TIMETABLE FOR ACHIEVEMENT OF OBJECTIVESIn order FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 to carry out the objective of this chapter there shall be expeditiously as practicable but in no case later than three achieved years after the date such limitations are promulgated under (1)(A) not later than July 1, 1977, effluent limitations for section 1314(b) of this title, and in no case later than March point sources, other than publicly owned treatment works, 31, 1989; (i) which shall require the application of the best practicable (D) for all toxic pollutants listed under paragraph (1) of control technology currently available as defined by the subsection (a) of section 1317 of this title which are not Administrator pursuant to section 1314(b) of this title, or (ii) referred to in subparagraph (C) of this paragraph in the case of a discharge into a publicly owned treatment compliance with effluent limitations in accordance with works which meets the requirements of subparagraph (B) of subparagraph (A) of this paragraph as expeditiously as this paragraph, which shall require compliance with any practicable, but in no case later than three years after the applicable pretreatment requirements and any requirements date such limitations are promulgated under section 1314(b) under section 1317 of this title; and of this title, and in no case later than March 31, 1989; (B) for publicly owned treatment works in existence on July (E) as expeditiously as practicable but in no case later than 1, 1977, or approved pursuant to section 1283 of this title three years after the date such limitations are promulgated prior to June 30, 1974 (for which construction must be under section 1314(b) of this title, and in no case later than completed within four years of approval), effluent March 31, 1989, compliance with effluent limitations for limitations based upon secondary treatment as defined by categories and classes of point sources, other than publicly the Administrator pursuant to section 1314(d)(1) of this owned treatment works, which in the case of pollutants title; or, identified pursuant to section 1314(a)(4) of this title shall (C) not later than July 1, 1977, any more stringent require application of the best conventional pollutant control limitation, including those necessary to meet water quality technology as determined in accordance with regulations standards, treatment standards, or schedules of compliance, issued by the Administrator pursuant to section 1314(b)(4) established pursuant to any State law or regulations (under of this title; and authority preserved by section 1370 of this title) or any (F) for all pollutants (other than those subject to other Federal law or regulation, or required to implement subparagraphs (C), (D), or (E) of this paragraph) any applicable water quality standard established pursuant compliance with effluent limitations in accordance with to this chapter. subparagraph (A) of this paragraph as expeditiously as (2)(A) for pollutants identified in subparagraphs (C), (D), practicable but in no case later than 3 years after the date and (F) of this paragraph, effluent limitations for categories such limitations are established, and in no case later than and classes of point sources, other than publicly owned March 31, 1989.
treatment works, which (i) shall require application of the (3)(A) for effluent limitations under paragraph (1)(A)(i) of best available technology economically achievable for such this subsection promulgated after January 1, 1982, and category or class, which will result in reasonable further requiring a level of control substantially greater or based on progress toward the national goal of eliminating the fundamentally different control technology than under discharge of all pollutants, as determined in accordance with permits for an industrial category issued before such date, regulations issued by the Administrator pursuant to section compliance as expeditiously as practicable but in no case 1314(b)(2) of this title, which such effluent limitations shall later than three years after the date such limitations are require the elimination of discharges of all pollutants if the promulgated under section 1314(b) of this title, and in no Administrator finds, on the basis of information available to case later than March 31, 1989; and him (including information developed pursuant to section (B) for any effluent limitation in accordance with paragraph 1325 of this title), that such elimination is technologically (1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established and economically achievable for a category or class of point only on the basis of section 1342(a)(1) of this title in a sources as determined in accordance with regulations issued permit issued after February 4, 1987, compliance as by the Administrator pursuant to section 1314(b)(2) of this expeditiously as practicable but in no case later than three title, or (ii) in the case of the introduction of a pollutant into years after the date such limitations are established, and in a publicly owned treatment works which meets the no case later than March 31, 1989.
requirements of subparagraph (B) of this paragraph, shall (c) MODIFICATION OF TIMETABLEThe Administrator may require compliance with any applicable pretreatment modify the requirements of subsection (b)(2)(A) of this requirements and any other requirement under section 1317 section with respect to any point source for which a permit of this title; application is filed after July 1, 1977, upon a showing by the (B) Repealed. Pub.L.97-117, Sec. 21(b), Dec. 29, 1981, 95 owner or operator of such point source satisfactory to the Stat. 1632. Administrator that such modified requirements (1) will (C) with respect to all toxic pollutants referred to in table 1 represent the maximum use of technology within the of Committee Print Numbered 95-30 of the Committee on economic capability of the owner or operator; and (2) will Public Works and Transportation of the House of result in reasonable further progress toward the elimination Representatives compliance with effluent limitations in of the discharge of pollutants.
accordance with subparagraph (A) of this paragraph as (d) REVIEW AND REVISION OF EFFLUENT LIMITATIONSAny FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 effluent limitation required by paragraph (2) of subsection (4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS (b) of this section shall be reviewed at least every five years (A) GENERAL AUTHORITYUpon petition of any person, and, if appropriate, revised pursuant to the procedure the Administrator may add any pollutant to the list of established under such paragraph. pollutants for which modification under this section is (e) ALL POINT DISCHARGE SOURCE APPLICATION OF authorized (except for pollutants identified pursuant to EFFLUENT LIMITATIONSEffluent limitations established section 1314(a)(4) of this title, toxic pollutants subject to pursuant to this section or section 1312 of this title shall be section 1317(a) of this title, and the thermal component of applied to all point sources of discharge of pollutants in discharges) in accordance with the provisions of this accordance with the provisions of this chapter. paragraph.
(f) ILLEGALITY OF DISCHARGE OF RADIOLOGICAL, (B) REQUIREMENTS FOR LISTING CHEMICAL, OR BIOLOGICAL WARFARE AGENTS, HIGH-LEVEL (i) SUFFICIENT INFORMATIONThe person petitioning for RADIOACTIVE WASTE, OR MEDICAL WASTE listing of an additional pollutant under this subsection shall Notwithstanding any other provisions of this chapter it shall submit to the Administrator sufficient information to make be unlawful to discharge any radiological, chemical, or the determinations required by this subparagraph.
biological warfare agent, any high-level radioactive waste, (ii) TOXIC CRITERIA DETERMINATIONThe Administrator or any medical waste, into the navigable waters.
shall determine whether or not the pollutant meets the (g) MODIFICATIONS FOR CERTAIN NONCONVENTIONAL criteria for listing as a toxic pollutant under section 1317(a)
POLLUTANTS of this title.
(1) GENERAL AUTHORITYThe Administrator, with the (iii) LISTING AS TOXIC POLLUTANTIf the Administrator concurrence of the State, may modify the requirements of determines that the pollutant meets the criteria for listing as subsection (b)(2)(A) of this section with respect to the a toxic pollutant under section 1317(a) of this title, the discharge from any point source of ammonia, chlorine, Administrator shall list the pollutant as a toxic pollutant color, iron, and total phenols (4AAP) (when determined by under section 1317(a) of this title.
the Administrator to be a pollutant covered by subsection (iv) NONCONVENTIONAL CRITERIA DETERMINATIONIf the (b)(2)(F) of this section) and any other pollutant which the Administrator determines that the pollutant does not meet Administrator lists under paragraph (4) of this subsection.
the criteria for listing as a toxic pollutant under such section (2) REQUIREMENTS FOR GRANTING MODIFICATIONSA and determines that adequate test methods and sufficient modification under this subsection shall be granted only data are available to make the determinations required by upon a showing by the owner or operator of a point source paragraph (2) of this subsection with respect to the satisfactory to the Administrator that pollutant, the Administrator shall add the pollutant to the list (A) such modified requirements will result at a minimum in of pollutants specified in paragraph (1) of this subsection for compliance with the requirements of subsection (b)(1)(A) or which modifications are authorized under this subsection.
(C) of this section, whichever is applicable; (C) REQUIREMENTS FOR FILING OF PETITIONSA petition (B) such modified requirements will not result in any for listing of a pollutant under this paragraph additional requirements on any other point or nonpoint (i) must be filed not later than 270 days after the date of source; and promulgation of an applicable effluent guideline under (C) such modification will not interfere with the attainment section 1314 of this title; or maintenance of that water quality which shall assure (ii) may be filed before promulgation of such guideline; and protection of public water supplies, and the protection and (iii) may be filed with an application for a modification propagation of a balanced population of shellfish, fish, and under paragraph (1) with respect to the discharge of such wildlife, and allow recreational activities, in and on the pollutant.
water and such modification will not result in the discharge of pollutants in quantities which may reasonably be (D) DEADLINE FOR APPROVAL OF PETITIONA decision to anticipated to pose an unacceptable risk to human health or add a pollutant to the list of pollutants for which the environment because of bioaccumulation, persistency in modifications under this subsection are authorized must be the environment, acute toxicity, chronic toxicity (including made within 270 days after the date of promulgation of an carcinogenicity, mutagenicity or teratogenicity), or applicable effluent guideline under section 1314 of this title.
synergistic propensities. (E) BURDEN OF PROOFThe burden of proof for making the (3) LIMITATION ON AUTHORITY TO APPLY FOR SUBSECTION determinations under subparagraph (B) shall be on the (C) MODIFICATIONIf an owner or operator of a point petitioner.
source applies for a modification under this subsection with (5) REMOVAL OF POLLUTANTSThe Administrator may respect to the discharge of any pollutant, such owner or remove any pollutant from the list of pollutants for which operator shall be eligible to apply for modification under modifications are authorized under this subsection if the subsection (c) of this section with respect to such pollutant Administrator determines that adequate test methods and only during the same time period as he is eligible to apply sufficient data are no longer available for determining for a modification under this subsection. whether or not modifications may be granted with respect to FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 such pollutant under paragraph (2) of this subsection. criteria established under section 1314(a)(1) of this title (h) MODIFICATION OF SECONDARY TREATMENT after initial mixing in the waters surrounding or adjacent to REQUIREMENTSThe Administrator, with the concurrence the point at which such effluent is discharged.
of the State, may issue a permit under section 1342 of this For the purposes of this subsection the phrase the discharge title which modifies the requirements of subsection of any pollutant into marine waters refers to a discharge (b)(1)(B) of this section with respect to the discharge of any into deep waters of the territorial sea or the waters of the pollutant from a publicly owned treatment works into contiguous zone, or into saline estuarine waters where there marine waters, if the applicant demonstrates to the is strong tidal movement and other hydrological and satisfaction of the Administrator that geological characteristics which the Administrator (1) there is an applicable water quality standard specific to determines necessary to allow compliance with paragraph the pollutant for which the modification is requested, which (2) of this subsection, and section 1251(a)(2) of this title.
has been identified under section 1314(a)(6) of this title; For the purposes of paragraph (9), primary or equivalent treatment means treatment by screening, sedimentation, (2) the discharge of pollutants in accordance with such and skimming adequate to remove at least 30 percent of the modified requirements will not interfere, alone or in biological oxygen demanding material and of the suspended combination with pollutants from other sources, with the solids in the treatment works influent, and disinfection, attainment or maintenance of that water quality which where appropriate. A municipality which applies secondary assures protection of public water supplies and the treatment shall be eligible to receive a permit pursuant to protection and propagation of a balanced, indigenous this subsection which modifies the requirements of population of shellfish, fish, and wildlife, and allows subsection (b)(1)(B) of this section with respect to the recreational activities, in and on the water; discharge of any pollutant from any treatment works owned (3) the applicant has established a system for monitoring the by such municipality into marine waters. No permit issued impact of such discharge on a representative sample of under this subsection shall authorize the discharge of aquatic biota, to the extent practicable, and the scope of sewage sludge into marine waters. In order for a permit to such monitoring is limited to include only those scientific be issued under this subsection for the discharge of a investigations which are necessary to study the effects of the pollutant into marine waters, such marine waters must proposed discharge; exhibit characteristics assuring that water providing dilution (4) such modified requirements will not result in any does not contain significant amounts of previously additional requirements on any other point or nonpoint discharged effluent from such treatment works. No permit source; issued under this subsection shall authorize the discharge of (5) all applicable pretreatment requirements for sources any pollutant into saline estuarine waters which at the time introducing waste into such treatment works will be of application do not support a balanced indigenous enforced; population of shellfish, fish and wildlife, or allow recreation in and on the waters or which exhibit ambient water quality (6) in the case of any treatment works serving a population below applicable water quality standards adopted for the of 50,000 or more, with respect to any toxic pollutant protection of public water supplies, shellfish, fish and introduced into such works by an industrial discharger for wildlife or recreational activities or such other standards which pollutant there is no applicable pretreatment necessary to assure support and protection of such uses. The requirement in effect, sources introducing waste into such prohibition contained in the preceding sentence shall apply works are in compliance with all applicable pretreatment without regard to the presence or absence of a causal requirements, the applicant will enforce such requirements, relationship between such characteristics and the applicants and the applicant has in effect a pretreatment program current or proposed discharge. Notwithstanding any other which, in combination with the treatment of discharges from provisions of this subsection, no permit may be issued under such works, removes the same amount of such pollutant as this subsection for discharge of a pollutant into the New would be removed if such works were to apply secondary York Bight Apex consisting of the ocean waters of the treatment to discharges and if such works had no Atlantic Ocean westward of 73 degrees 30 minutes west pretreatment program with respect to such pollutant; longitude and northward of 40 degrees 10 minutes north (7) to the extent practicable, the applicant has established a latitude.
schedule of activities designed to eliminate the entrance of (i) MUNICIPAL TIME EXTENSIONS toxic pollutants from nonindustrial sources into such treatment works; (1) Where construction is required in order for a planned or existing publicly owned treatment works to achieve (8) there will be no new or substantially increased limitations under subsection (b)(1)(B) or (b)(1)(C) of this discharges from the point source of the pollutant to which section, but (A) construction cannot be completed within the the modification applies above that volume of discharge time required in such subsection, or (B) the United States specified in the permit; has failed to make financial assistance under this chapter (9) the applicant at the time such modification becomes available in time to achieve such limitations by the time effective will be discharging effluent which has received at specified in such subsection, the owner or operator of such least primary or equivalent treatment and which meets the treatment works may request the Administrator (or if FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 appropriate the State) to issue a permit pursuant to section chapter.
1342 of this title or to modify a permit issued pursuant to (B) No time modification granted by the Administrator (or if that section to extend such time for compliance. Any such appropriate the State) pursuant to paragraph (2)(A) of this request shall be filed with the Administrator (or if subsection shall extend beyond the earliest date practicable appropriate the State) within 180 days after February 4, for compliance or beyond the date of any extension granted 1987. The Administrator (or if appropriate the State) may to the appropriate publicly owned treatment works pursuant grant such request and issue or modify such a permit, which to paragraph (1) of this subsection, but in no event shall it shall contain a schedule of compliance for the publicly extend beyond July 1, 1988; and no such time modification owned treatment works based on the earliest date by which shall be granted unless (i) the publicly owned treatment such financial assistance will be available from the United works will be in operation and available to the point source States and construction can be completed, but in no event before July 1, 1988, and will meet the requirements of later than July 1, 1988, and shall contain such other terms subsections (b)(1)(B) and (C) of this section after receiving and conditions, including those necessary to carry out the discharge from that point source; and (ii) the point subsections (b) through (g) of section 1281 of this title, source and the publicly owned treatment works have entered section 1317 of this title, and such interim effluent into an enforceable contract requiring the point source to limitations applicable to that treatment works as the discharge into the publicly owned treatment works, the Administrator determines are necessary to carry out the owner or operator of such point source to pay the costs provisions of this chapter. required under section 1284 of this title, and the publicly (2)(A) Where a point source (other than a publicly owned owned treatment works to accept the discharge from the treatment works) will not achieve the requirements of point source; and (iii) the permit for such point source subsections (b)(1)(A) and (b)(1)(C) of this section and requires that point source to meet all requirements under (i) if a permit issued prior to July 1, 1977, to such point section 1317(a) and (b) of this title during the period of such source is based upon a discharge into a publicly owned time modification.
treatment works; or (j) MODIFICATION PROCEDURES (ii) if such point source (other than a publicly owned (1) Any application filed under this section for a treatment works) had before July 1, 1977, a contract modification of the provisions of (enforceable against such point source) to discharge into a (A) subsection (b)(1)(B) of this section under subsection (h) publicly owned treatment works; or of this section shall be filed not later that [sic] the 365th day (iii) if either an application made before July 1, 1977, for a which begins after December 29, 1981, except that a construction grant under this chapter for a publicly owned publicly owned treatment works which prior to December treatment works, or engineering or architectural plans or 31, 1982, had a contractual arrangement to use a portion of working drawings made before July 1, 1977, for a publicly the capacity of an ocean outfall operated by another publicly owned treatment works, show that such point source was to owned treatment works which has applied for or received discharge into such publicly owned treatment works, modification under subsection (h) of this section, may apply and such publicly owned treatment works is presently for a modification of subsection (h) of this section in its own unable to accept such discharge without construction, and in right not later than 30 days after February 4, 1987, and the case of a discharge to an existing publicly owned except as provided in paragraph (5);
treatment works, such treatment works has an extension (B) subsection (b)(2)(A) of this section as it applies to pursuant to paragraph (1) of this subsection, the owner or pollutants identified in subsection (b)(2)(F) of this section operator of such point source may request the Administrator shall be filed not later than 270 days after the date of (or if appropriate the State) to issue or modify such a permit promulgation of an applicable effluent guideline under pursuant to such section 1342 of this title to extend such section 1314 of this title or not later than 270 days after time for compliance. Any such request shall be filed with December 27, 1977, whichever is later.
the Administrator (or if appropriate the State) within 180 (2) Subject to paragraph (3) of this section, any application days after December 27, 1977, or the filing of a request by for a modification filed under subsection (g) of this section the appropriate publicly owned treatment works under shall not operate to stay any requirement under this chapter, paragraph (1) of this subsection, whichever is later. If the unless in the judgment of the Administrator such a stay or Administrator (or if appropriate the State) finds that the the modification sought will not result in the discharge of owner or operator of such point source has acted in good pollutants in quantities which may reasonably be anticipated faith, he may grant such request and issue or modify such a to pose an unacceptable risk to human health or the permit, which shall contain a schedule of compliance for the environment because of bioaccumulation, persistency in the point source to achieve the requirements of subsections environment, acute toxicity, chronic toxicity (including (b)(1)(A) and (C) of this section and shall contain such other carcinogenicity, mutagenicity, or teratogenicity), or terms and conditions, including pretreatment and interim synergistic propensities, and that there is a substantial effluent limitations and water conservation requirements likelihood that the applicant will succeed on the merits of applicable to that point source, as the Administrator such application. In the case of an application filed under determines are necessary to carry out the provisions of this subsection (g) of this section, the Administrator may FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 condition any stay granted under this paragraph on requiring (k) INNOVATIVE TECHNOLOGYIn the case of any facility the filing of a bond or other appropriate security to assure subject to a permit under section 1342 of this title which timely compliance with the requirements from which a proposes to comply with the requirements of subsection modification is sought. (b)(2)(A) or (b)(2)(E) of this section by replacing existing (3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (G) production capacity with an innovative production process which will result in an effluent reduction significantly (A) EFFECT OF FILINGAn application for a modification greater than that required by the limitation otherwise under subsection (g) of this section and a petition for listing applicable to such facility and moves toward the national of a pollutant as a pollutant for which modifications are goal of eliminating the discharge of all pollutants, or with authorized under such subsection shall not stay the the installation of an innovative control technique that has a requirement that the person seeking such modification or substantial likelihood for enabling the facility to comply listing comply with effluent limitations under this chapter with the applicable effluent limitation by achieving a for all pollutants not the subject of such application or significantly greater effluent reduction than that required by petition.
the applicable effluent limitation and moves toward the (B) EFFECT OF DISAPPROVALDisapproval of an national goal of eliminating the discharge of all pollutants, application for a modification under subsection (g) of this or by achieving the required reduction with an innovative section shall not stay the requirement that the person system that has the potential for significantly lower costs seeking such modification comply with all applicable than the systems which have been determined by the effluent limitations under this chapter. Administrator to be economically achievable, the (4) DEADLINE FOR SUBSECTION (G) DECISIONAn Administrator (or the State with an approved program under application for a modification with respect to a pollutant section 1342 of this title, in consultation with the filed under subsection (g) of this section must be approved Administrator) may establish a date for compliance under or disapproved not later than 365 days after the date of such subsection (b)(2)(A) or (b)(2)(E) of this section no later than filing; except that in any case in which a petition for listing two years after the date for compliance with such effluent such pollutant as a pollutant for which modifications are limitation which would otherwise be applicable under such authorized under such subsection is approved, such subsection, if it is also determined that such innovative application must be approved or disapproved not later than system has the potential for industrywide application.
365 days after the date of approval of such petition. (l) TOXIC POLLUTANTSOther than as provided in (5) EXTENSION OF APPLICATION DEADLINE subsection (n) of this section, the Administrator may not (A) IN GENERALIn the 180-day period beginning on modify any requirement of this section as it applies to any October 31, 1994, the city of San Diego, California, may specific pollutant which is on the toxic pollutant list under apply for a modification pursuant to subsection (h) of this section 1317(a)(1) of this title.
section of the requirements of subsection (b)(1)(B) of this (m) MODIFICATION OF EFFLUENT LIMITATION section with respect to biological oxygen demand and total REQUIREMENTS FOR POINT SOURCES (1) The suspended solids in the effluent discharged into marine Administrator, with the concurrence of the State, may issue waters. a permit under section 1342 of this title which modifies the (B) APPLICATIONAn application under this paragraph requirements of subsections (b)(1)(A) and (b)(2)(E) of this shall include a commitment by the applicant to implement a section, and of section 1343 of this title, with respect to waste water reclamation program that, at a minimum, will effluent limitations to the extent such limitations relate to biochemical oxygen demand and pH from discharges by an (i) achieve a system capacity of 45,000,000 gallons of industrial discharger in such State into deep waters of the reclaimed waste water per day by January 1, 2010; and territorial seas, if the applicant demonstrates and the (ii) result in a reduction in the quantity of suspended solids Administrator finds that discharged by the applicant into the marine environment (A) the facility for which modification is sought is covered during the period of the modification. at the time of the enactment of this subsection by National (C) ADDITIONAL CONDITIONSThe Administrator may not Pollutant Discharge Elimination System permit number grant a modification pursuant to an application submitted CA0005894 or CA0005282; under this paragraph unless the Administrator determines (B) the energy and environmental costs of meeting such that such modification will result in removal of not less than requirements of subsections (b)(1)(A) and (b)(2)(E) of this 58 percent of the biological oxygen demand (on an annual section and section 1343 of this title exceed by an average) and not less than 80 percent of total suspended unreasonable amount the benefits to be obtained, including solids (on a monthly average) in the discharge to which the the objectives of this chapter; application applies.
(C) the applicant has established a system for monitoring the (D) PRELIMINARY DECISION DEADLINEThe Administrator impact of such discharges on a representative sample of shall announce a preliminary decision on an application aquatic biota; submitted under this paragraph not later than 1 year after the date the application is submitted. (D) such modified requirements will not result in any additional requirements on any other point or nonpoint FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 source; requirement under subsection (b)(2) of this section or (E) there will be no new or substantially increased section 1317(b) of this title for a facility that modifies the discharges from the point source of the pollutant to which requirements of national effluent limitation guidelines or the modification applies above that volume of discharge categorical pretreatment standards that would otherwise be specified in the permit; applicable to such facility, if the owner or operator of such facility demonstrates to the satisfaction of the Administrator (F) the discharge is into waters where there is strong tidal that movement and other hydrological and geological characteristics which are necessary to allow compliance (A) the facility is fundamentally different with respect to the with this subsection and section 1251(a)(2) of this title; factors (other than cost) specified in section 1314(b) or 1314(g) of this title and considered by the Administrator in (G) the applicant accepts as a condition to the permit a establishing such national effluent limitation guidelines or contractural [sic] obligation to use funds in the amount categorical pretreatment standards; required (but not less than $250,000 per year for ten years) for research and development of water pollution control (B) the application technology, including but not limited to closed cycle (i) is based solely on information and supporting data technology; submitted to the Administrator during the rulemaking for (H) the facts and circumstances present a unique situation establishment of the applicable national effluent limitation which, if relief is granted, will not establish a precedent or guidelines or categorical pretreatment standard specifically the relaxation of the requirements of this chapter applicable raising the factors that are fundamentally different for such to similarly situated discharges; and facility; or (I) no owner or operator of a facility comparable to that of (ii) is based on information and supporting data referred to the applicant situated in the United States has demonstrated in clause (i) and information and supporting data the that it would be put at a competitive disadvantage to the applicant did not have a reasonable opportunity to submit applicant (or the parent company or any subsidiary thereof) during such rulemaking; as a result of the issuance of a permit under this subsection. (C) the alternative requirement is no less stringent than (2) The effluent limitations established under a permit justified by the fundamental difference; and issued under paragraph (1) shall be sufficient to implement (D) the alternative requirement will not result in a non-water the applicable State water quality standards, to assure the quality environmental impact which is markedly more protection of public water supplies and protection and adverse than the impact considered by the Administrator in propagation of a balanced, indigenous population of establishing such national effluent limitation guideline or shellfish, fish, fauna, wildlife, and other aquatic organisms, categorical pretreatment standard.
and to allow recreational activities in and on the water. In (2) TIME LIMIT FOR APPLICATIONSAn application for an setting such limitations, the Administrator shall take into alternative requirement which modifies the requirements of account any seasonal variations and the need for an an effluent limitation or pretreatment standard under this adequate margin of safety, considering the lack of essential subsection must be submitted to the Administrator within knowledge concerning the relationship between effluent 180 days after the date on which such limitation or standard limitations and water quality and the lack of essential is established or revised, as the case may be.
knowledge of the effects of discharges on beneficial uses of (3) TIME LIMIT FOR DECISIONThe Administrator shall the receiving waters.
approve or deny by final agency action an application (3) A permit under this subsection may be issued for a submitted under this subsection within 180 days after the period not to exceed five years, and such a permit may be date such application is filed with the Administrator.
renewed for one additional period not to exceed five years (4) SUBMISSION OF INFORMATIONThe Administrator may upon a demonstration by the applicant and a finding by the allow an applicant under this subsection to submit Administrator at the time of application for any such information and supporting data until the earlier of the date renewal that the provisions of this subsection are met.
the application is approved or denied or the last day that the (4) The Administrator may terminate a permit issued under Administrator has to approve or deny such application.
this subsection if the Administrator determines that there (5) TREATMENT OF PENDING APPLICATIONSFor the has been a decline in ambient water quality of the receiving purposes of this subsection, an application for an alternative waters during the period of the permit even if a direct cause requirement based on fundamentally different factors which and effect relationship cannot be shown: Provided, That if is pending on February 4, 1987, shall be treated as having the effluent from a source with a permit issued under this been submitted to the Administrator on the 180th day subsection is contributing to a decline in ambient water following February 4, 1987. The applicant may amend the quality of the receiving waters, the Administrator shall application to take into account the provisions of this terminate such permit.
subsection.
(n) FUNDAMENTALLY DIFFERENT FACTORS (6) EFFECT OF SUBMISSION OF APPLICATIONAn application (1) GENERAL RULEThe Administrator, with the for an alternative requirement under this subsection shall not concurrence of the State, may establish an alternative stay the applicants obligation to comply with the effluent FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 limitation guideline or categorical pretreatment standard State water quality standards established under section 1313 which is the subject of the application. of this title.
(7) EFFECT OF DENIALIf an application for an alternative (3) DEFINITIONSFor purposes of this subsection requirement which modifies the requirements of an effluent (A) COAL REMINING OPERATIONThe term coal remining limitation or pretreatment standard under this subsection is operation means a coal mining operation which begins denied by the Administrator, the applicant must comply after February 4, 1987 at a site on which coal mining was with such limitation or standard as established or revised, as conducted before August 3, 1977.
the case may be.
(B) REMINED AREAThe term remined area means only (8) REPORTSBy January 1, 1997, and January 1 of every that area of any coal remining operation on which coal odd-numbered year thereafter, the Administrator shall mining was conducted before August 3, 1977.
submit to the Committee on Environment and Public Works (C) PRE-EXISTING DISCHARGEThe term pre-existing of the Senate and the Committee on Transportation and discharge means any discharge at the time of permit Infrastructure of the House of Representatives a report on application under this subsection.
the status of applications for alternative requirements which modify the requirements of effluent limitations under (4) APPLICABILITY OF STRIP MINING LAWSNothing in this section 1311 or 1314 of this title or any national categorical subsection shall affect the application of the Surface Mining pretreatment standard under section 1317(b) of this title Control and Reclamation Act of 1977 [30 U.S.C. § 1201 et filed before, on, or after February 4, 1987. seq.] to any coal remining operation, including the application of such Act to suspended solids.
(o) APPLICATION FEESThe Administrator shall prescribe and collect from each applicant fees reflecting the reasonable administrative costs incurred in reviewing and SEC. 302. [33 U.S.C. 1312] WATER QUALITY RELATED processing applications for modifications submitted to the EFFLUENT LIMITATIONS Administrator pursuant to subsections (c), (g), (i), (k), (m), (a) ESTABLISHMENTWhenever, in the judgment of the and (n) of this section, section 1314(d)(4) of this title, and Administrator or as identified under section 1314(l) of this section 1326(a) of this title. All amounts collected by the title, discharges of pollutants from a point source or group Administrator under this subsection shall be deposited into a of point sources, with the application of effluent limitations special fund of the Treasury entitled Water Permits and required under section 1311(b)(2) of this title, would Related Services which shall thereafter be available for interfere with the attainment or maintenance of that water appropriation to carry out activities of the Environmental quality in a specific portion of the navigable waters which Protection Agency for which such fees were collected. shall assure protection of public health, public water (p) MODIFIED PERMIT FOR COAL REMINING OPERATIONS supplies, agricultural and industrial uses, and the protection (1) IN GENERALSubject to paragraphs (2) through (4) of and propagation of a balanced population of shellfish, fish this subsection, the Administrator, or the State in any case and wildlife, and allow recreational activities in and on the which the State has an approved permit program under water, effluent limitations (including alternative effluent section 1342(b) of this title, may issue a permit under control strategies) for such point source or sources shall be section 1342 of this title which modifies the requirements of established which can reasonably be expected to contribute subsection (b)(2)(A) of this section with respect to the pH to the attainment or maintenance of such water quality.
level of any pre-existing discharge, and with respect to pre- (b) MODIFICATIONS OF EFFLUENT LIMITATIONS existing discharges of iron and manganese from the remined (1) NOTICE AND HEARINGPrior to establishment of any area of any coal remining operation or with respect to the effluent limitation pursuant to subsection (a) of this section, pH level or level of iron or manganese in any pre-existing the Administrator shall publish such proposed limitation and discharge affected by the remining operation. Such modified within 90 days of such publication hold a public hearing.
requirements shall apply the best available technology economically achievable on a case-by-case basis, using best (2) PERMITS professional judgment, to set specific numerical effluent (A) NO REASONABLE RELATIONSHIPThe Administrator, limitations in each permit. with the concurrence of the State, may issue a permit which (2) LIMITATIONSThe Administrator or the State may only modifies the effluent limitations required by subsection (a) issue a permit pursuant to paragraph (1) if the applicant of this section for pollutants other than toxic pollutants if the applicant demonstrates at such hearing that (whether or not demonstrates to the satisfaction of the Administrator or the State, as the case may be, that the coal remining operation technology or other alternative control strategies are will result in the potential for improved water quality from available) there is no reasonable relationship between the the remining operation but in no event shall such a permit economic and social costs and the benefits to be obtained allow the pH level of any discharge, and in no event shall (including attainment of the objective of this chapter) from achieving such limitation.
such a permit allow the discharges of iron and manganese, to exceed the levels being discharged from the remined area (B) REASONABLE PROGRESSThe Administrator, with the before the coal remining operation begins. No discharge concurrence of the State, may issue a permit which modifies from, or affected by, the remining operation shall exceed the effluent limitations required by subsection (a) of this FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 section for toxic pollutants for a single period not to exceed approve such standards.
5 years if the applicant demonstrates to the satisfaction of (C) If the Administrator determines that any such standards the Administrator that such modified requirements (i) will are not consistent with the applicable requirements of this represent the maximum degree of control within the Act as in effect immediately prior to October 18, 1972, he economic capability of the owner and operator of the shall, not later than the ninetieth day after the date of source, and (ii) will result in reasonable further progress submission of such standards, notify the State and specify beyond the requirements of section 1311(b)(2) of this title the changes to meet such requirements. If such changes are toward the requirements of subsection (a) of this section. not adopted by the State within ninety days after the date of (c) DELAY IN APPLICATION OF OTHER LIMITATIONSThe notification, the Administrator shall promulgate such establishment of effluent limitations under this section shall standards pursuant to subsection (b) of this section.
not operate to delay the application of any effluent (b) PROPOSED REGULATIONS limitation established under section 1311 of this title.
(1) The Administrator shall promptly prepare and publish proposed regulations setting forth water quality standards SEC. 303. [33 U.S.C. 1313] WATER QUALITY STANDARDS for a State in accordance with the applicable requirements of AND IMPLEMENTATION PLANS this Act as in effect immediately prior to October 18, 1972, (a) EXISTING WATER QUALITY STANDARDS if (1) In order to carry out the purpose of this chapter, any (A) the State fails to submit water quality standards within water quality standard applicable to interstate waters which the times prescribed in subsection (a) of this section.
was adopted by any State and submitted to, and approved (B) a water quality standard submitted by such State under by, or is a waiting approval by, the Administrator pursuant subsection (a) of this section is determined by the to this Act as in effect immediately prior to October 18, Administrator not to be consistent with the applicable 1972, shall remain in effect unless the Administrator requirements of subsection (a) of this section.
determined that such standard is not consistent with the (2) The Administrator shall promulgate any water quality applicable requirements of this Act as in effect immediately standard published in a proposed regulation not later than prior to October 18, 1972. If the Administrator makes such a one hundred and ninety days after the date he publishes any determination he shall, within three months after October such proposed standard, unless prior to such promulgation, 18, 1972, notify the State and specify the changes needed to such State has adopted a water quality standard which the meet such requirements. If such changes are not adopted by Administrator determines to be in accordance with the State within ninety days after the date of such subsection (a) of this section.
notification, the Administrator shall promulgate such (c) REVIEW; REVISED STANDARDS; PUBLICATION changes in accordance with subsection (b) of this section.
(1) The Governor of a State or the State water pollution (2) Any State which, before October 18, 1972, has adopted, control agency of such State shall from time to time (but at pursuant to its own law, water quality standards applicable least once each three year period beginning with October to intrastate waters shall submit such standards to the 18, 1972) hold public hearings for the purpose of reviewing Administrator within thirty days after October 18, 1972.
applicable water quality standards and, as appropriate, Each such standard shall remain in effect, in the same modifying and adopting standards. Results of such review manner and to the same extent as any other water quality shall be made available to the Administrator.
standard established under this chapter unless the Administrator determines that such standard is inconsistent (2)(A) Whenever the State revises or adopts a new standard, with the applicable requirements of this Act as in effect such revised or new standard shall be submitted to the immediately prior to October 18, 1972. If the Administrator Administrator. Such revised or new water quality standard makes such a determination he shall not later than the one shall consist of the designated uses of the navigable waters hundred and twentieth day after the date of submission of involved and the water quality criteria for such waters based such standards, notify the State and specify the changes upon such uses. Such standards shall be such as to protect needed to meet such requirements. If such changes are not the public health or welfare, enhance the quality of water adopted by the State within ninety days after such and serve the purposes of this chapter. Such standards shall notification, the Administrator shall promulgate such be established taking into consideration their use and value changes in accordance with subsection (b) of this section. for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other (3)(A) Any State which prior to October 18, 1972, has not purposes, and also taking into consideration their use and adopted pursuant to its own laws water quality standards value for navigation.
applicable to intrastate waters shall, not later than one hundred and eighty days after October 18, 1972, adopt and (B) Whenever a State reviews water quality standards submit such standards to the Administrator. pursuant to paragraph (1) of this subsection, or revises or adopts new standards pursuant to this paragraph, such State (B) If the Administrator determines that any such standards shall adopt criteria for all toxic pollutants listed pursuant to are consistent with the applicable requirements of this Act section 1317(a)(1) of this title for which criteria have been as in effect immediately prior to October 18, 1972, he shall published under section 1314(a) of this title, the discharge FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 or presence of which in the affected waters could reasonably (B) Each State shall identify those waters or parts thereof be expected to interfere with those designated uses adopted within its boundaries for which controls on thermal by the State, as necessary to support such designated uses. discharges under section 1311 of this title are not stringent Such criteria shall be specific numerical criteria for such enough to assure protection and propagation of a balanced toxic pollutants. Where such numerical criteria are not indigenous population of shellfish, fish, and wildlife.
available, whenever a State reviews water quality standards (C) Each State shall establish for the waters identified in pursuant to paragraph (1), or revises or adopts new paragraph (1)(A) of this subsection, and in accordance with standards pursuant to this paragraph, such State shall adopt the priority ranking, the total maximum daily load, for those criteria based on biological monitoring or assessment pollutants which the Administrator identifies under section methods consistent with information published pursuant to 1314(a)(2) of this title as suitable for such calculation. Such section 1314(a)(8) of this title. Nothing in this section shall load shall be established at a level necessary to implement be construed to limit or delay the use of effluent limitations the applicable water quality standards with seasonal or other permit conditions based on or involving biological variations and a margin of safety which takes into account monitoring or assessment methods or previously adopted any lack of knowledge concerning the relationship between numerical criteria. effluent limitations and water quality.
(3) If the Administrator, within sixty days after the date of (D) Each State shall estimate for the waters identified in submission of the revised or new standard, determines that paragraph (1)(B) of this subsection the total maximum daily such standard meets the requirements of this chapter, such thermal load required to assure protection and propagation standard shall thereafter be the water quality standard for the of a balanced, indigenous population of shellfish, fish, and applicable waters of that State. If the Administrator wildlife. Such estimates shall take into account the normal determines that any such revised or new standard is not water temperatures, flow rates, seasonal variations, existing consistent with the applicable requirements of this chapter, sources of heat input, and the dissipative capacity of the he shall not later than the ninetieth day after the date of identified waters or parts thereof. Such estimates shall submission of such standard notify the State and specify the include a calculation of the maximum heat input that can be changes to meet such requirements. If such changes are not made into each such part and shall include a margin of adopted by the State within ninety days after the date of safety which takes into account any lack of knowledge notification, the Administrator shall promulgate such concerning the development of thermal water quality criteria standard pursuant to paragraph (4) of this subsection. for such protection and propagation in the identified waters (4) The Administrator shall promptly prepare and publish or parts thereof.
proposed regulations setting forth a revised or new water (2) Each State shall submit to the Administrator from time quality standard for the navigable waters involved to time, with the first such submission not later than one (A) if a revised or new water quality standard submitted by hundred and eighty days after the date of publication of the such State under paragraph (3) of this subsection for such first identification of pollutants under section 1314(a)(2)(D) waters is determined by the Administrator not to be of this title, for his approval the waters identified and the consistent with the applicable requirements of this chapter, loads established under paragraphs (1)(A), (1)(B), (1)(C),
or and (1)(D) of this subsection. The Administrator shall either (B) in any case where the Administrator determines that a approve or disapprove such identification and load not later revised or new standard is necessary to meet the than thirty days after the date of submission. If the requirements of this chapter. Administrator approves such identification and load, such State shall incorporate them into its current plan under The Administrator shall promulgate any revised or new subsection (e) of this section. If the Administrator standard under this paragraph not later than ninety days after disapproves such identification and load, he shall not later he publishes such proposed standards, unless prior to such than thirty days after the date of such disapproval identify promulgation, such State has adopted a revised or new water such waters in such State and establish such loads for such quality standard which the Administrator determines to be waters as he determines necessary to implement the water in accordance with this chapter.
quality standards applicable to such waters and upon such (d) IDENTIFICATION OF AREAS WITH INSUFFICIENT identification and establishment the State shall incorporate CONTROLS; MAXIMUM DAILY LOAD; CERTAIN EFFLUENT them into its current plan under subsection (e) of this LIMITATIONS REVISION section.
(1)(A) Each State shall identify those waters within its (3) For the specific purpose of developing information, each boundaries for which the effluent limitations required by State shall identify all waters within its boundaries which it section 1311(b)(1)(A) and section 1311(b)(1)(B) of this title has not identified under paragraph (1)(A) and (1)(B) of this are not stringent enough to implement any water quality subsection and estimate for such waters the total maximum standard applicable to such waters. The State shall establish daily load with seasonal variations and margins of safety, a priority ranking for such waters, taking into account the for those pollutants which the Administrator identifies under severity of the pollution and the uses to be made of such section 1314(a)(2) of this title as suitable for such waters. calculation and for thermal discharges, at a level that would assure protection and propagation of a balanced indigenous FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 population of fish, shellfish, and wildlife. (C) total maximum daily load for pollutants in accordance (4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT with subsection (d) of this section; LIMITATIONS (D) procedures for revision; (A) STANDARD NOT ATTAINEDFor waters identified under (E) adequate authority for intergovernmental cooperation; paragraph (1)(A) where the applicable water quality (F) adequate implementation, including schedules of standard has not yet been attained, any effluent limitation compliance, for revised or new water quality standards, based on a total maximum daily load or other waste load under subsection (c) of this section; allocation established under this section may be revised only (G) controls over the disposition of all residual waste from if (i) the cumulative effect of all such revised effluent any water treatment processing; limitations based on such total maximum daily load or waste load allocation will assure the attainment of such (H) an inventory and ranking, in order of priority, of needs water quality standard, or (ii) the designated use which is for construction of waste treatment works required to meet not being attained is removed in accordance with the applicable requirements of sections 1311 and 1312 of regulations established under this section. this title.
(B) STANDARD ATTAINEDFor waters identified under (f) EARLIER COMPLIANCENothing in this section shall be paragraph (1)(A) where the quality of such waters equals or construed to affect any effluent limitation, or schedule of exceeds levels necessary to protect the designated use for compliance required by any State to be implemented prior to such waters or otherwise required by applicable water the dates set forth in sections 1311(b)(1) and 1311(b)(2) of quality standards, any effluent limitation based on a total this title nor to preclude any State from requiring maximum daily load or other waste load allocation compliance with any effluent limitation or schedule of established under this section, or any water quality standard compliance at dates earlier than such dates.
established under this section, or any other permitting (g) HEAT STANDARDSWater quality standards relating to standard may be revised only if such revision is subject to heat shall be consistent with the requirements of section and consistent with the antidegradation policy established 1326 of this title.
under this section. (h) THERMAL WATER QUALITY STANDARDSFor the (e) CONTINUING PLANNING PROCESS purposes of this chapter the term water quality standards (1) Each State shall have a continuing planning process includes thermal water quality standards.
approved under paragraph (2) of this subsection which is (i) COASTAL RECREATION WATER QUALITY CRITERIA consistent with this chapter. (1) ADOPTION BY STATES (2) Each State shall submit not later than 120 days after (A) INITIAL CRITERIA AND STANDARDSNot later than 42 October 18, 1972, to the Administrator for his approval a months after October 10, 2000, each State having coastal proposed continuing planning process which is consistent recreation waters shall adopt and submit to the with this chapter. Not later than thirty days after the date of Administrator water quality criteria and standards for the submission of such a process the Administrator shall either coastal recreation waters of the State for those pathogens approve or disapprove such process. The Administrator and pathogen indicators for which the Administrator has shall from time to time review each States approved published criteria under section 1314(a) of this title.
planning process for the purpose of insuring that such planning process is at all times consistent with this chapter. (B) NEW OR REVISED CRITERIA AND STANDARDSNot later The Administrator shall not approve any State permit than 36 months after the date of publication by the Administrator of new or revised water quality criteria under program under subchapter IV of this chapter for any State which does not have an approved continuing planning section 1314(a)(9) of this title, each State having coastal process under this section. recreation waters shall adopt and submit to the Administrator new or revised water quality standards for the (3) The Administrator shall approve any continuing coastal recreation waters of the State for all pathogens and planning process submitted to him under this section which pathogen indicators to which the new or revised water will result in plans for all navigable waters within such quality criteria are applicable.
State, which include, but are not limited to, the following:
(2) FAILURE OF STATES TO ADOPT (A) effluent limitations and schedules of compliance at least as stringent as those required by section 1311(b)(1), section (A) IN GENERALIf a State fails to adopt water quality criteria and standards in accordance with paragraph (1)(A) 1311(b)(2), section 1316, and section 1317 of this title, and at least as stringent as any requirements contained in any that are as protective of human health as the criteria for applicable water quality standard in effect under authority of pathogens and pathogen indicators for coastal recreation this section; waters published by the Administrator, the Administrator shall promptly propose regulations for the State setting forth (B) the incorporation of all elements of any applicable area- revised or new water quality standards for pathogens and wide waste management plans under section 1288 of this pathogen indicators described in paragraph (1)(A) for title, and applicable basin plans under section 1289 of this coastal recreation waters of the State.
title; (B) EXCEPTIONIf the Administrator proposes regulations FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 for a State described in subparagraph (A) under subsection and propagation of shellfish, fish, and wildlife for classes (c)(4)(B) of this section, the Administrator shall publish any and categories of receiving waters and to allow recreational revised or new standard under this subsection not later than activities in and on the water; and (C) on the measurement 42 months after October 10, 2000. and classification of water quality; and (D) for the purpose (3) APPLICABILITYExcept as expressly provided by this of section 1313 of this title, on and the identification of subsection, the requirements and procedures of subsection pollutants suitable for maximum daily load measurement (c) of this section apply to this subsection, including the correlated with the achievement of water quality objectives.
requirement in subsection (c)(2)(A) of this section that the (3) Such criteria and information and revisions thereof shall criteria protect public health and welfare. be issued to the States and shall be published in the Federal Register and otherwise made available to the public.
(4) The Administrator shall, within 90 days after December SEC. XXX. [33 U.S.C. 1313a] REVISED WATER QUALITY 27, 1977, and from time to time thereafter, publish and STANDARDS revise as appropriate information identifying conventional The review, revision, and adoption or promulgation of pollutants, including but not limited to, pollutants classified revised or new water quality standards pursuant to section as biological oxygen demanding, suspended solids, fecal 303(c) of the Federal Water Pollution Control Act [33 coliform, and pH. The thermal component of any discharge U.S.C. § 1313(c)] shall be completed by the date three years shall not be identified as a conventional pollutant under this after December 29, 1981. No grant shall be made under title paragraph.
II of the Federal Water Pollution Control Act [33 U.S.C. § 1281 et seq.] after such date until water quality standards are (5)(A) The Administrator, to the extent practicable before reviewed and revised pursuant to section 303(c), except consideration of any request under section 1311(g) of this where the State has in good faith submitted such revised title and within six months after December 27, 1977, shall water quality standards and the Administrator has not acted develop and publish information on the factors necessary for to approve or disapprove such submission within one the protection of public water supplies, and the protection hundred and twenty days of receipt. and propagation of a balanced population of shellfish, fish and wildlife, and to allow recreational activities, in and on the water.
SEC. 304. [33 U.S.C. 1314] INFORMATION AND (B) The Administrator, to the extent practicable before GUIDELINES consideration of any application under section 1311(h) of (a) CRITERIA DEVELOPMENT AND PUBLICATION this title and within six months after December 27, 1977, (1) The Administrator, after consultation with appropriate shall develop and publish information on the factors Federal and State agencies and other interested persons, necessary for the protection of public water supplies, and shall develop and publish, within one year after October 18, the protection and propagation of a balanced indigenous 1972 (and from time to time thereafter revise) criteria for population of shellfish, fish and wildlife, and to allow water quality accurately reflecting the latest scientific recreational activities, in and on the water.
knowledge (A) on the kind and extent of all identifiable (6) The Administrator shall, within three months after effects on health and welfare including, but not limited to, December 27, 1977, and annually thereafter, for purposes of plankton, fish, shellfish, wildlife, plant life, shorelines, section 1311(h) of this title publish and revise as appropriate beaches, esthetics, and recreation which may be expected information identifying each water quality standard in effect from the presence of pollutants in any body of water, under this chapter or State law, the specific pollutants including ground water; (B) on the concentration and associated with such water quality standard, and the dispersal of pollutants, or their byproducts, through particular waters to which such water quality standard biological, physical, and chemical processes; and (C) on the applies.
effects of pollutants on biological community diversity, (7) GUIDANCE TO STATESThe Administrator, after productivity, and stability, including information on the consultation with appropriate State agencies and on the factors affecting rates of eutrophication and rates of organic basis of criteria and information published under paragraphs and inorganic sedimentation for varying types of receiving (1) and (2) of this subsection, shall develop and publish, waters.
within 9 months after February 4, 1987, guidance to the (2) The Administrator, after consultation with appropriate States on performing the identification required by Federal and State agencies and other interested persons, subsection (l)(1) of this section.
shall develop and publish, within one year after October 18, (8) INFORMATION ON WATER QUALITY CRITERIAThe 1972 (and from time to time thereafter revise) information Administrator, after consultation with appropriate State (A) on the factors necessary to restore and maintain the agencies and within 2 years after February 4, 1987, shall chemical, physical, and biological integrity of all navigable develop and publish information on methods for waters, ground waters, waters of the contiguous zone, and establishing and measuring water quality criteria for toxic the oceans; (B) on the factors necessary for the protection pollutants on other bases than pollutant-by-pollutant criteria, including biological monitoring and assessment methods.
Not enacted as part of the Federal Water Pollution Control Act.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (9) REVISED CRITERIA FOR COASTAL RECREATION WATERS treatment works) within such categories or classes. Factors (A) IN GENERALNot later than 5 years after October 10, relating to the assessment of best available technology shall 2000, after consultation and in cooperation with appropriate take into account the age of equipment and facilities Federal, State, tribal, and local officials (including local involved, the process employed, the engineering aspects of health officials), the Administrator shall publish new or the application of various types of control techniques, revised water quality criteria for pathogens and pathogen process changes, the cost of achieving such effluent indicators (including a revised list of testing methods, as reduction, non-water quality environmental impact appropriate), based on the results of the studies conducted (including energy requirements), and such other factors as under section 1254(v) of this title, for the purpose of the Administrator deems appropriate; protecting human health in coastal recreation waters. (3) identify control measures and practices available to (B) REVIEWSNot later than the date that is 5 years after eliminate the discharge of pollutants from categories and the date of publication of water quality criteria under this classes of point sources, taking into account the cost of paragraph, and at least once every 5 years thereafter, the achieving such elimination of the discharge of pollutants; Administrator shall review and, as necessary, revise the and water quality criteria. (4)(A) identify, in terms of amounts of constituents and (b) EFFLUENT LIMITATION GUIDELINESFor the purpose of chemical, physical, and biological characteristics of adopting or revising effluent limitations under this chapter pollutants, the degree of effluent reduction attainable the Administrator shall, after consultation with appropriate through the application of the best conventional pollutant Federal and State agencies and other interested persons, control technology (including measures and practices) for publish within one year of October 18, 1972, regulations, classes and categories of point sources (other than publicly providing guidelines for effluent limitations, and, at least owned treatment works); and annually thereafter, revise, if appropriate, such regulations. (B) specify factors to be taken into account in determining Such regulations shall the best conventional pollutant control technology measures (1)(A) identify, in terms of amounts of constituents and and practices to comply with section 1311(b)(2)(E) of this chemical, physical, and biological characteristics of title to be applicable to any point source (other than publicly pollutants, the degree of effluent reduction attainable owned treatment works) within such categories or classes.
through the application of the best practicable control Factors relating to the assessment of best conventional technology currently available for classes and categories of pollutant control technology (including measures and point sources (other than publicly owned treatment works); practices) shall include consideration of the reasonableness and of the relationship between the costs of attaining a reduction in effluents and the effluent reduction benefits derived, and (B) specify factors to be taken into account in determining the comparison of the cost and level of reduction of such the control measures and practices to be applicable to point pollutants from the discharge from publicly owned sources (other than publicly owned treatment works) within treatment works to the cost and level of reduction of such such categories or classes. Factors relating to the assessment pollutants from a class or category of industrial sources, and of best practicable control technology currently available to shall take into account the age of equipment and facilities comply with subsection (b)(1) of section 1311 of this title involved, the process employed, the engineering aspects of shall include consideration of the total cost of application of the application of various types of control techniques, technology in relation to the effluent reduction benefits to be process changes, non-water quality environmental impact achieved from such application, and shall also take into (including energy requirements), and such other factors as account the age of equipment and facilities involved, the the Administrator deems appropriate.
process employed, the engineering aspects of the application of various types of control techniques, process changes, (c) POLLUTION DISCHARGE ELIMINATION PROCEDURESThe non-water quality environmental impact (including energy Administrator, after consultation, with appropriate Federal requirements), and such other factors as the Administrator and State agencies and other interested persons, shall issue deems appropriate; to the States and appropriate water pollution control agencies within 270 days after October 18, 1972 (and from (2)(A) identify, in terms of amounts of constituents and time to time thereafter) information on the processes, chemical, physical, and biological characteristics of procedures, or operating methods which result in the pollutants, the degree of effluent reduction attainable elimination or reduction of the discharge of pollutants to through the application of the best control measures and implement standards of performance under section 1316 of practices achievable including treatment techniques, process this title. Such information shall include technical and other and procedure innovations, operating methods, and other data, including costs, as are available on alternative methods alternatives for classes and categories of point sources of elimination or reduction of the discharge of pollutants.
(other than publicly owned treatment works); and Such information, and revisions thereof, shall be published (B) specify factors to be taken into account in determining in the Federal Register and otherwise shall be made the best measures and practices available to comply with available to the public.
subsection (b)(2) of section 1311 of this title to be (d) SECONDARY TREATMENT INFORMATION; ALTERNATIVE applicable to any point source (other than publicly owned FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 WASTE TREATMENT MANAGEMENT TECHNIQUES; after consultation with appropriate Federal and State INNOVATIVE AND ALTERNATIVE WASTEWATER TREATMENT agencies and other interested persons, shall issue to PROCESSES; FACILITIES DEEMED EQUIVALENT OF appropriate Federal agencies, the States, water pollution SECONDARY TREATMENT control agencies, and agencies designated under section (1) The Administrator, after consultation with appropriate 1288 of this title, within one year after October 18, 1972 Federal and State agencies and other interested persons, (and from time to time thereafter) information including (1) shall publish within sixty days after October 18, 1972 (and guidelines for identifying and evaluating the nature and from time to time thereafter) information, in terms of extent of nonpoint sources of pollutants, and (2) processes, amounts of constituents and chemical, physical, and procedures, and methods to control pollution resulting biological characteristics of pollutants, on the degree of from effluent reduction attainable through the application of (A) agricultural and silvicultural activities, including runoff secondary treatment. from fields and crop and forest lands; (2) The Administrator, after consultation with appropriate (B) mining activities, including runoff and siltation from Federal and State agencies and other interested persons, new, currently operating, and abandoned surface and shall publish within nine months after October 18, 1972 underground mines; (and from time to time thereafter) information on alternative (C) all construction activity, including runoff from the waste treatment management techniques and systems facilities resulting from such construction; available to implement section 1281 of this title.
(D) the disposal of pollutants in wells or in subsurface (3) The Administrator, after consultation with appropriate excavations; Federal and State agencies and other interested persons, (E) salt water intrusion resulting from reductions of fresh shall promulgate within one hundred and eighty days after water flow from any cause, including extraction of ground December 27, 1977, guidelines for identifying and water, irrigation, obstruction, and diversion; and evaluating innovative and alternative wastewater treatment processes and techniques referred to in section 1281(g)(5) of (F) changes in the movement, flow, or circulation of any this title. navigable waters or ground waters, including changes caused by the construction of dams, levees, channels, (4) For the purposes of this subsection, such biological causeways, or flow diversion facilities.
treatment facilities as oxidation ponds, lagoons, and ditches and trickling filters shall be deemed the equivalent of Such information and revisions thereof shall be published in secondary treatment. The Administrator shall provide the Federal Register and otherwise made available to the guidance under paragraph (1) of this subsection on design public.
criteria for such facilities, taking into account pollutant (g) GUIDELINES FOR PRETREATMENT OF POLLUTANTS removal efficiencies and, consistent with the objectives of (1) For the purpose of assisting States in carrying out this chapter, assuring that water quality will not be programs under section 1342 of this title, the Administrator adversely affected by deeming such facilities as the shall publish, within one hundred and twenty days after equivalent of secondary treatment. October 18, 1972, and review at least annually thereafter (e) BEST MANAGEMENT PRACTICES FOR INDUSTRYThe and, if appropriate, revise guidelines for pretreatment of Administrator, after consultation with appropriate Federal pollutants which he determines are not susceptible to and State agencies and other interested persons, may publish treatment by publicly owned treatment works. Guidelines regulations, supplemental to any effluent limitations under this subsection shall be established to control and specified under subsections (b) and (c) of this section for a prevent the discharge into the navigable waters, the class or category of point sources, for any specific pollutant contiguous zone, or the ocean (either directly or through which the Administrator is charged with a duty to regulate publicly owned treatment works) of any pollutant which as a toxic or hazardous pollutant under section 1317(a)(1) or interferes with, passes through, or otherwise is incompatible 1321 of this title, to control plant site runoff, spillage or with such works.
leaks, sludge or waste disposal, and drainage from raw (2) When publishing guidelines under this subsection, the material storage which the Administrator determines are Administrator shall designate the category or categories of associated with or ancillary to the industrial manufacturing treatment works to which the guidelines shall apply.
or treatment process within such class or category of point (h) TEST PROCEDURES GUIDELINESThe Administrator sources and may contribute significant amounts of such pollutants to navigable waters. Any applicable controls shall, within one hundred and eighty days from October 18, established under this subsection shall be included as a 1972, promulgate guidelines establishing test procedures for requirement for the purposes of section 1311, 1312, 1316, the analysis of pollutants that shall include the factors which 1317, or 1343 of this title, as the case may be, in any permit must be provided in any certification pursuant to section 1341 of this title or permit application pursuant to section issued to a point source pursuant to section 1342 of this title.
1342 of this title.
(f) IDENTIFICATION AND EVALUATION OF NONPOINT SOURCES OF POLLUTION; PROCESSES, PROCEDURES, AND (i) GUIDELINES FOR MONITORING, REPORTING, ENFORCEMENT, FUNDING, PERSONNEL, AND MANPOWER METHODS TO CONTROL POLLUTIONThe Administrator, FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 The Administrator shall (1) within sixty days after October (l) INDIVIDUAL CONTROL STRATEGIES FOR TOXIC 18, 1972, promulgate guidelines for the purpose of POLLUTANTS establishing uniform application forms and other minimum (1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT requirements for the acquisition of information from owners OF STRATEGIESNot later than 2 years after February 4, and operators of point-sources of discharge subject to any 1987, each State shall submit to the Administrator for State program under section 1342 of this title, and (2) within review, approval, and implementation under this sixty days from October 18, 1972, promulgate guidelines subsection establishing the minimum procedural and other elements of (A) a list of those waters within the State which after the any State program under section 1342 of this title, which application of effluent limitations required under section shall include:
1311(b)(2) of this title cannot reasonably be anticipated to (A) monitoring requirements; attain or maintain (i) water quality standards for such waters (B) reporting requirements (including procedures to make reviewed, revised, or adopted in accordance with section information available to the public); 1313(c)(2)(B) of this title, due to toxic pollutants, or (ii) that (C) enforcement provisions; and water quality which shall assure protection of public health, public water supplies, agricultural and industrial uses, and (D) funding, personnel qualifications, and manpower the protection and propagation of a balanced population of requirements (including a requirement that no board or body shellfish, fish and wildlife, and allow recreational activities which approves permit applications or portions thereof shall in and on the water; include, as a member, any person who receives, or has during the previous two years received, a significant portion (B) a list of all navigable waters in such State for which the of his income directly or indirectly from permit holders or State does not expect the applicable standard under section applicants for a permit). 1313 of this title will be achieved after the requirements of sections 1311(b), 1316, and 1317(b) of this title are met, due (j) LAKE RESTORATION GUIDANCE MANUALThe entirely or substantially to discharges from point sources of Administrator shall, within 1 year after February 4, 1987, any toxic pollutants listed pursuant to section 1317(a) of this and biennially thereafter, publish and disseminate a lake title; restoration guidance manual describing methods, procedures, and processes to guide State and local efforts to (C) for each segment of the navigable waters included on improve, restore, and enhance water quality in the Nations such lists, a determination of the specific point sources publicly owned lakes. discharging any such toxic pollutant which is believed to be preventing or impairing such water quality and the amount (k) AGREEMENTS WITH SECRETARIES OF AGRICULTURE, of each such toxic pollutant discharged by each such source; ARMY, AND THE INTERIOR TO PROVIDE MAXIMUM and UTILIZATION OF PROGRAMS TO ACHIEVE AND MAINTAIN WATER QUALITY; TRANSFER OF FUNDS; AUTHORIZATION OF (D) for each such segment, an individual control strategy APPROPRIATIONS which the State determines will produce a reduction in the discharge of toxic pollutants from point sources identified (1) The Administrator shall enter into agreements with the by the State under this paragraph through the establishment Secretary of Agriculture, the Secretary of the Army, and the of effluent limitations under section 1342 of this title and Secretary of the Interior, and the heads of such other water quality standards under section 1313(c)(2)(B) of this departments, agencies, and instrumentalities of the United title, which reduction is sufficient, in combination with States as the Administrator determines, to provide for the existing controls on point and nonpoint sources of pollution, maximum utilization of other Federal laws and programs for to achieve the applicable water quality standard as soon as the purpose of achieving and maintaining water quality possible, but not later than 3 years after the date of the through appropriate implementation of plans approved establishment of such strategy.
under section 1288 of this title and nonpoint source pollution management programs approved under section (2) APPROVAL OR DISAPPROVALNot later than 120 days 1329 of this title. after the last day of the 2-year period referred to in paragraph (1), the Administrator shall approve or (2) The Administrator is authorized to transfer to the disapprove the control strategies submitted under paragraph Secretary of Agriculture, the Secretary of the Army, and the (1) by any State.
Secretary of the Interior and the heads of such other departments, agencies, and instrumentalities of the United (3) ADMINISTRATORS ACTIONIf a State fails to submit States as the Administrator determines, any funds control strategies in accordance with paragraph (1) or the appropriated under paragraph (3) of this subsection to Administrator does not approve the control strategies supplement funds otherwise appropriated to programs submitted by such State in accordance with paragraph (1),
authorized pursuant to any agreement under paragraph (1). then, not later than 1 year after the last day of the period referred to in paragraph (2), the Administrator, in (3) There is authorized to be appropriated to carry out the cooperation with such State and after notice and opportunity provisions of this subsection, $100,000,000 per fiscal year for public comment, shall implement the requirements of for the fiscal years 1979 through 1983 and such sums as paragraph (1) in such State. In the implementation of such may be necessary for fiscal years 1984 through 1990.
requirements, the Administrator shall, at a minimum, FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 consider for listing under this subsection any navigable economic and social costs necessary to achieve the objective waters for which any person submits a petition to the of this chapter in such State, (iii) the economic and social Administrator for listing not later than 120 days after such benefits of such achievement, and (iv) an estimate of the last day. date of such achievement; and (m) SCHEDULE FOR REVIEW OF GUIDELINES (E) a description of the nature and extent of nonpoint (1) PUBLICATIONWithin 12 months after February 4, sources of pollutants, and recommendations as to the 1987, and biennially thereafter, the Administrator shall programs which must be undertaken to control each publish in the Federal Register a plan which shall category of such sources, including an estimate of the costs of implementing such programs.
(A) establish a schedule for the annual review and revision of promulgated effluent guidelines, in accordance with (2) The Administrator shall transmit such State reports, subsection (b) of this section; together with an analysis thereof, to Congress on or before October 1, 1975, and October 1, 1976, and biennially (B) identify categories of sources discharging toxic or thereafter.
nonconventional pollutants for which guidelines under subsection (b)(2) of this section and section 1316 of this title have not previously been published; and SEC. 306. [33 U.S.C. 1316] NATIONAL STANDARDS OF (C) establish a schedule for promulgation of effluent PERFORMANCE guidelines for categories identified in subparagraph (B), (a) DEFINITIONSFor purposes of this section:
under which promulgation of such guidelines shall be no (1) The term standard of performance means a standard later than 4 years after February 4, 1987, for categories for the control of the discharge of pollutants which reflects identified in the first published plan or 3 years after the the greatest degree of effluent reduction which the publication of the plan for categories identified in later Administrator determines to be achievable through published plans. application of the best available demonstrated control (2) PUBLIC REVIEWThe Administrator shall provide for technology, processes, operating methods, or other public review and comment on the plan prior to final alternatives, including, where practicable, a standard publication. permitting no discharge of pollutants.
(2) The term new source means any source, the construction of which is commenced after the publication of SEC. 305. [33 U.S.C. 1315] STATE REPORTS ON WATER proposed regulations prescribing a standard of performance QUALITY under this section which will be applicable to such source, if (a) Omitted such standard is thereafter promulgated in accordance with (b)(1) Each State shall prepare and submit to the this section.
Administrator by April 1, 1975, and shall bring up to date (3) The term source means any building, structure, by April 1, 1976, and biennially thereafter, a report which facility, or installation from which there is or may be the shall include discharge of pollutants.
(A) a description of the water quality of all navigable waters (4) The term owner or operator means any person who in such State during the preceding year, with appropriate owns, leases, operates, controls, or supervises a source.
supplemental descriptions as shall be required to take into account seasonal, tidal, and other variations, correlated with (5) The term construction means any placement, the quality of water required by the objective of this chapter assembly, or installation of facilities or equipment (as identified by the Administrator pursuant to criteria (including contractual obligations to purchase such facilities published under section 1314(a) of this title) and the water or equipment) at the premises where such equipment will be quality described in subparagraph (B) of this paragraph; used, including preparation work at such premises.
(B) an analysis of the extent to which all navigable waters of (b) CATEGORIES OF SOURCES; FEDERAL STANDARDS OF such State provide for the protection and propagation of a PERFORMANCE FOR NEW SOURCES balanced population of shellfish, fish, and wildlife, and (1)(A) The Administrator shall, within ninety days after allow recreational activities in and on the water; October 18, 1972, publish (and from time to time thereafter (C) an analysis of the extent to which the elimination of the shall revise) a list of categories of sources, which shall, at discharge of pollutants and a level of water quality which the minimum, include:
provides for the protection and propagation of a balanced pulp and paper mills; population of shellfish, fish, and wildlife and allows paperboard, builders paper and board mills; recreational activities in and on the water, have been or will meat product and rendering processing; be achieved by the requirements of this chapter, together with recommendations as to additional action necessary to dairy product processing; achieve such objectives and for what waters such additional grain mills; action is necessary; canned and preserved fruits and vegetables processing; (D) an estimate of (i) the environmental impact, (ii) the canned and preserved seafood processing; FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 sugar processing; and the law of any State require the application and textile mills; enforcement of standards of performance to at least the same extent as required by this section, such State is cement manufacturing; authorized to apply and enforce such standards of feedlots; performance (except with respect to new sources owned or electroplating; operated by the United States).
organic chemicals manufacturing; (d) PROTECTION FROM MORE STRINGENT STANDARDS inorganic chemicals manufacturing; Notwithstanding any other provision of this chapter, any point source the construction of which is commenced after plastic and synthetic materials manufacturing; October 18, 1972, and which is so constructed as to meet all soap and detergent manufacturing; applicable standards of performance shall not be subject to fertilizer manufacturing; any more stringent standard of performance during a ten-petroleum refining; year period beginning on the date of completion of such construction or during the period of depreciation or iron and steel manufacturing; amortization of such facility for the purposes of section 167 nonferrous metals manufacturing; or 169 (or both) of Title 26, whichever period ends first.
phosphate manufacturing; (e) ILLEGALITY OF OPERATION OF NEW SOURCES IN steam electric powerplants; VIOLATION OF APPLICABLE STANDARDS OF PERFORMANCE ferroalloy manufacturing; After the effective date of standards of performance promulgated under this section, it shall be unlawful for any leather tanning and finishing; owner or operator of any new source to operate such source glass and asbestos manufacturing; in violation of any standard of performance applicable to rubber processing; and such source.
timber products processing.
(B) As soon as practicable, but in no case more than one SEC. 307. [33 U.S.C. 1317] TOXIC AND PRETREATMENT year, after a category of sources is included in a list under EFFLUENT STANDARDS subparagraph (A) of this paragraph, the Administrator shall (a) TOXIC POLLUTANT LIST; REVISION; HEARING; propose and publish regulations establishing Federal PROMULGATION OF STANDARDS; EFFECTIVE DATE; standards of performance for new sources within such CONSULTATION category. The Administrator shall afford interested persons (1) On and after December 27, 1977, the list of toxic an opportunity for written comment on such proposed pollutants or combination of pollutants subject to this regulations. After considering such comments, he shall chapter shall consist of those toxic pollutants listed in table promulgate, within one hundred and twenty days after 1 of Committee Print Numbered 95-30 of the Committee on publication of such proposed regulations, such standards Public Works and Transportation of the House of with such adjustments as he deems appropriate. The Representatives, and the Administrator shall publish, not Administrator shall, from time to time, as technology and later than the thirtieth day after December 27, 1977, that list.
alternatives change, revise such standards following the From time to time thereafter, the Administrator may revise procedure required by this subsection for promulgation of such list and the Administrator is authorized to add to or such standards. Standards of performance, or revisions remove from such list any pollutant. The Administrator in thereof, shall become effective upon promulgation. In publishing any revised list, including the addition or establishing or revising Federal standards of performance removal of any pollutant from such list, shall take into for new sources under this section, the Administrator shall account toxicity of the pollutant, its persistence, take into consideration the cost of achieving such effluent degradability, the usual or potential presence of the affected reduction, and any non-water quality, environmental impact organisms in any waters, the importance of the affected and energy requirements. organisms, and the nature and extent of the effect of the (2) The Administrator may distinguish among classes, toxic pollutant on such organisms. A determination of the types, and sizes within categories of new sources for the Administrator under this paragraph shall be final except that purpose of establishing such standards and shall consider if, on judicial review, such determination was based on the type of process employed (including whether batch or arbitrary and capricious action of the Administrator, the continuous). Administrator shall make a redetermination.
(3) The provisions of this section shall apply to any new (2) Each toxic pollutant listed in accordance with paragraph source owned or operated by the United States. (1) of this subsection shall be subject to effluent limitations (c) STATE ENFORCEMENT OF STANDARDS OF resulting from the application of the best available PERFORMANCEEach State may develop and submit to the technology economically achievable for the applicable Administrator a procedure under State law for applying and category or class of point sources established in accordance enforcing standards of performance for new sources located with sections 1311(b)(2)(A) and 1314(b)(2) of this title. The in such State. If the Administrator finds that the procedure Administrator, in his discretion, may publish in the Federal FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Register a proposed effluent standard (which may include a (6) Any effluent standard (or prohibition) established prohibition) establishing requirements for a toxic pollutant pursuant to this section shall take effect on such date or which, if an effluent limitation is applicable to a class or dates as specified in the order promulgating such standard, category of point sources, shall be applicable to such but in no case, more than one year from the date of such category or class only if such standard imposes more promulgation. If the Administrator determines that stringent requirements. Such published effluent standard (or compliance within one year from the date of promulgation is prohibition) shall take into account the toxicity of the technologically infeasible for a category of sources, the pollutant, its persistence, degradability, the usual or Administrator may establish the effective date of the potential presence of the affected organisms in any waters, effluent standard (or prohibition) for such category at the the importance of the affected organisms and the nature and earliest date upon which compliance can be feasibly attained extent of the effect of the toxic pollutant on such organisms, by sources within such category, but in no event more than and the extent to which effective control is being or may be three years after the date of such promulgation.
achieved under other regulatory authority. The (7) Prior to publishing any regulations pursuant to this Administrator shall allow a period of not less than sixty section the Administrator shall, to the maximum extent days following publication of any such proposed effluent practicable within the time provided, consult with standard (or prohibition) for written comment by interested appropriate advisory committees, States, independent persons on such proposed standard. In addition, if within experts, and Federal departments and agencies.
thirty days of publication of any such proposed effluent (b) PRETREATMENT STANDARDS; HEARING; PROMULGATION; standard (or prohibition) any interested person so requests, COMPLIANCE PERIOD; REVISION; APPLICATION TO STATE AND the Administrator shall hold a public hearing in connection LOCAL LAWS therewith. Such a public hearing shall provide an opportunity for oral and written presentations, such cross- (1) The Administrator shall, within one hundred and eighty examination as the Administrator determines is appropriate days after October 18, 1972, and from time to time on disputed issues of material fact, and the transcription of a thereafter, publish proposed regulations establishing verbatim record which shall be available to the public. After pretreatment standards for introduction of pollutants into consideration of such comments and any information and treatment works (as defined in section 1292 of this title) material presented at any public hearing held on such which are publicly owned for those pollutants which are proposed standard or prohibition, the Administrator shall determined not to be susceptible to treatment by such promulgate such standard (or prohibition) with such treatment works or which would interfere with the operation modification as the Administrator finds are justified. Such of such treatment works. Not later than ninety days after promulgation by the Administrator shall be made within two such publication, and after opportunity for public hearing, hundred and seventy days after publication of proposed the Administrator shall promulgate such pretreatment standard (or prohibition). Such standard (or prohibition) standards. Pretreatment standards under this subsection shall shall be final except that if, on judicial review, such specify a time for compliance not to exceed three years from standard was not based on substantial evidence, the the date of promulgation and shall be established to prevent Administrator shall promulgate a revised standard. Effluent the discharge of any pollutant through treatment works (as limitations shall be established in accordance with sections defined in section 1292 of this title) which are publicly 1311(b)(2)(A) and 1314(b)(2) of this title for every toxic owned, which pollutant interferes with, passes through, or pollutant referred to in table 1 of Committee Print otherwise is incompatible with such works. If, in the case of Numbered 95-30 of the Committee on Public Works and any toxic pollutant under subsection (a) of this section Transportation of the House of Representatives as soon as introduced by a source into a publicly owned treatment practicable after December 27, 1977, but no later than July works, the treatment by such works removes all or any part 1, 1980. Such effluent limitations or effluent standards (or of such toxic pollutant and the discharge from such works prohibitions) shall be established for every other toxic does not violate that effluent limitation or standard which pollutant listed under paragraph (1) of this subsection as would be applicable to such toxic pollutant if it were soon as practicable after it is so listed. discharged by such source other than through a publicly owned treatment works, and does not prevent sludge use or (3) Each such effluent standard (or prohibition) shall be disposal by such works in accordance with section 1345 of reviewed and, if appropriate, revised at least every three this title, then the pretreatment requirements for the sources years.
actually discharging such toxic pollutant into such publicly (4) Any effluent standard promulgated under this section owned treatment works may be revised by the owner or shall be at that level which the Administrator determines operator of such works to reflect the removal of such toxic provides an ample margin of safety. pollutant by such works.
(5) When proposing or promulgating any effluent standard (2) The Administrator shall, from time to time, as control (or prohibition) under this section, the Administrator shall technology, processes, operating methods, or other designate the category or categories of sources to which the alternatives change, revise such standards following the effluent standard (or prohibition) shall apply. Any disposal procedure established by this subsection for promulgation of of dredged material may be included in such a category of such standards.
sources after consultation with the Secretary of the Army.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (3) When proposing or promulgating any pretreatment standard, pretreatment standard, or standard of performance standard under this section, the Administrator shall under this chapter; (2) determining whether any person is in designate the category or categories of sources to which violation of any such effluent limitation, or other limitation, such standard shall apply. prohibition or effluent standard, pretreatment standard, or (4) Nothing in this subsection shall affect any pretreatment standard of performance; (3) any requirement established requirement established by any State or local law not in under this section; or (4) carrying out sections 1315, 1321, conflict with any pretreatment standard established under 1342, 1344 (relating to State permit programs), 1345, and this subsection. 1364 of this title (c) NEW SOURCES OF POLLUTANTS INTO PUBLICLY OWNED (A) the Administrator shall require the owner or operator of TREATMENT WORKSIn order to insure that any source any point source to (i) establish and maintain such records, introducing pollutants into a publicly owned treatment (ii) make such reports, (iii) install, use, and maintain such works, which source would be a new source subject to monitoring equipment or methods (including where section 1316 of this title if it were to discharge pollutants, appropriate, biological monitoring methods), (iv) sample will not cause a violation of the effluent limitations such effluents (in accordance with such methods, at such established for any such treatment works, the Administrator locations, at such intervals, and in such manner as the shall promulgate pretreatment standards for the category of Administrator shall prescribe), and (v) provide such other such sources simultaneously with the promulgation of information as he may reasonably require; and standards of performance under section 1316 of this title for (B) the Administrator or his authorized representative the equivalent category of new sources. Such pretreatment (including an authorized contractor acting as a standards shall prevent the discharge of any pollutant into representative of the Administrator), upon presentation of such treatment works, which pollutant may interfere with, his credentials pass through, or otherwise be incompatible with such works. (i) shall have a right of entry to, upon, or through any (d) OPERATION IN VIOLATION OF STANDARDS UNLAWFUL premises in which an effluent source is located or in which After the effective date of any effluent standard or any records required to be maintained under clause (A) of prohibition or pretreatment standard promulgated under this this subsection are located, and section, it shall be unlawful for any owner or operator of (ii) may at reasonable times have access to and copy any any source to operate any source in violation of any such records, inspect any monitoring equipment or method effluent standard or prohibition or pretreatment standard. required under clause (A), and sample any effluents which (e) COMPLIANCE DATE EXTENSION FOR INNOVATIVE the owner or operator of such source is required to sample PRETREATMENT SYSTEMSIn the case of any existing under such clause.
facility that proposes to comply with the pretreatment (b) AVAILABILITY TO PUBLIC; TRADE SECRETS EXCEPTION; standards of subsection (b) of this section by applying an PENALTY FOR DISCLOSURE OF CONFIDENTIAL innovative system that meets the requirements of section INFORMATIONAny records, reports, or information 1311(k) of this title, the owner or operator of the publicly obtained under this section (1) shall, in the case of effluent owned treatment works receiving the treated effluent from data, be related to any applicable effluent limitations, toxic, such facility may extend the date for compliance with the pretreatment, or new source performance standards, and (2) applicable pretreatment standard established under this shall be available to the public, except that upon a showing section for a period not to exceed 2 years satisfactory to the Administrator by any person that records, (1) if the Administrator determines that the innovative reports, or information, or particular part thereof (other than system has the potential for industrywide application, and effluent data), to which the Administrator has access under (2) if the Administrator (or the State in consultation with the this section, if made public would divulge methods or Administrator, in any case in which the State has a processes entitled to protection as trade secrets of such pretreatment program approved by the Administrator) person, the Administrator shall consider such record, report, or information, or particular portion thereof confidential in (A) determines that the proposed extension will not cause accordance with the purposes of section 1905 of Title 18.
the publicly owned treatment works to be in violation of its Any authorized representative of the Administrator permit under section 1342 of this title or of section 1345 of (including an authorized contractor acting as a this title or to contribute to such a violation, and representative of the Administrator) who knowingly or (B) concurs with the proposed extension. willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential SEC. 308. [33 U.S.C. 1318] RECORDS AND REPORTS; under this subsection shall be fined not more than $1,000 or INSPECTIONS imprisoned not more than 1 year, or both. Nothing in this (a) MAINTENANCE; MONITORING EQUIPMENT; ENTRY; subsection shall prohibit the Administrator or an authorized ACCESS TO INFORMATIONWhenever required to carry out representative of the Administrator (including any the objective of this chapter, including but not limited to (1) authorized contractor acting as a representative of the developing or assisting in the development of any effluent Administrator) from disclosing records, reports, or limitation, or other limitation, prohibition, or effluent FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 information to other officers, employees, or authorized limitation, or representatives of the United States concerned with carrying (B) by bringing a civil action under subsection (b) of this out this chapter or when relevant in any proceeding under section.
this chapter.
(3) Whenever on the basis of any information available to (c) APPLICATION OF STATE LAWEach State may develop him the Administrator finds that any person is in violation and submit to the Administrator procedures under State law of section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of for inspection, monitoring, and entry with respect to point this title, or is in violation of any permit condition or sources located in such State. If the Administrator finds that limitation implementing any of such sections in a permit the procedures and the law of any State relating to issued under section 1342 of this title by him or by a State inspection, monitoring, and entry are applicable to at least or in a permit issued under section 1344 of this title by a the same extent as those required by this section, such State State, he shall issue an order requiring such person to is authorized to apply and enforce its procedures for comply with such section or requirement, or he shall bring a inspection, monitoring, and entry with respect to point civil action in accordance with subsection (b) of this section.
sources located in such State (except with respect to point (4) A copy of any order issued under this subsection shall be sources owned or operated by the United States).
sent immediately by the Administrator to the State in which (d) ACCESS BY CONGRESSNotwithstanding any limitation the violation occurs and other affected States. In any case in contained in this section or any other provision of law, all which an order under this subsection (or notice to a violator information reported to or otherwise obtained by the under paragraph (1) of this subsection) is issued to a Administrator (or any representative of the Administrator) corporation, a copy of such order (or notice) shall be served under this chapter shall be made available, upon written on any appropriate corporate officers. An order issued under request of any duly authorized committee of Congress, to this subsection relating to a violation of section 1318 of this such committee. title shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged violation.
SEC. 309. [33 U.S.C. 1319] ENFORCEMENT (a) STATE ENFORCEMENT; COMPLIANCE ORDERS (5)(A) Any order issued under this subsection shall be by personal service, shall state with reasonable specificity the (1) Whenever, on the basis of any information available to nature of the violation, and shall specify a time for him, the Administrator finds that any person is in violation compliance not to exceed thirty days in the case of a of any condition or limitation which implements section violation of an interim compliance schedule or operation 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title in and maintenance requirement and not to exceed a time the a permit issued by a State under an approved permit Administrator determines to be reasonable in the case of a program under section 1342 or 1344 of this title, he shall violation of a final deadline, taking into account the proceed under his authority in paragraph (3) of this seriousness of the violation and any good faith efforts to subsection or he shall notify the person in alleged violation comply with applicable requirements.
and such State of such finding. If beyond the thirtieth day after the Administrators notification the State has not (B) The Administrator may, if he determines (i) that any commenced appropriate enforcement action, the person who is a violator of, or any person who is otherwise Administrator shall issue an order requiring such person to not in compliance with, the time requirements under this comply with such condition or limitation or shall bring a chapter or in any permit issued under this chapter, has acted civil action in accordance with subsection (b) of this section. in good faith, and has made a commitment (in the form of contracts or other securities) of necessary resources to (2) Whenever, on the basis of information available to him, achieve compliance by the earliest possible date after July 1, the Administrator finds that violations of permit conditions 1977, but not later than April 1, 1979; (ii) that any extension or limitations as set forth in paragraph (1) of this subsection under this provision will not result in the imposition of any are so widespread that such violations appear to result from additional controls on any other point or nonpoint source; a failure of the State to enforce such permit conditions or (iii) that an application for a permit under section 1342 of limitations effectively, he shall so notify the State. If the this title was filed for such person prior to December 31, Administrator finds such failure extends beyond the thirtieth 1974; and (iv) that the facilities necessary for compliance day after such notice, he shall give public notice of such with such requirements are under construction, grant an finding. During the period beginning with such public extension of the date referred to in section 1311(b)(1)(A) of notice and ending when such State satisfies the this title to a date which will achieve compliance at the Administrator that it will enforce such conditions and earliest time possible but not later than April 1, 1979.
limitations (hereafter referred to in this section as the period of federally assumed enforcement), except where an (6) Whenever, on the basis of information available to him, extension has been granted under paragraph (5)(B) of this the Administrator finds (A) that any person is in violation of subsection, the Administrator shall enforce any permit section 1311(b)(1)(A) or (C) of this title, (B) that such condition or limitation with respect to any person person cannot meet the requirements for a time extension under section 1311(i)(2) of this title, and (C) that the most (A) by issuing an order to comply with such condition or expeditious and appropriate means of compliance with this FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 chapter by such person is to discharge into a publicly owned publicly owned treatment works any pollutant or hazardous treatment works, then, upon request of such person, the substance which such person knew or reasonably should Administrator may issue an order requiring such person to have known could cause personal injury or property damage comply with this chapter at the earliest date practicable, but or, other than in compliance with all applicable Federal, not later than July 1, 1983, by discharging into a publicly State, or local requirements or permits, which causes such owned treatment works if such works concur with such treatment works to violate any effluent limitation or order. Such order shall include a schedule of compliance. condition in a permit issued to the treatment works under (b) CIVIL ACTIONSThe Administrator is authorized to section 1342 of this title by the Administrator or a State; commence a civil action for appropriate relief, including a shall be punished by a fine of not less than $5,000 nor more permanent or temporary injunction, for any violation for than $50,000 per day of violation, or by imprisonment for which he is authorized to issue a compliance order under not more than 3 years, or by both. If a conviction of a person subsection (a) of this section. Any action under this is for a violation committed after a first conviction of such subsection may be brought in the district court of the United person under this paragraph, punishment shall be by a fine States for the district in which the defendant is located or of not more than $100,000 per day of violation, or by resides or is doing business, and such court shall have imprisonment of not more than 6 years, or by both.
jurisdiction to restrain such violation and to require (3) KNOWING ENDANGERMENT compliance. Notice of the commencement of such action (A) GENERAL RULEAny person who knowingly violates shall be given immediately to the appropriate State.
section 1311, 1312, 1313, 1316, 1317, 1318, 1321(b)(3),
(c) CRIMINAL PENALTIES 1328, or 1345 of this title, or any permit condition or (1) NEGLIGENT VIOLATIONSAny person who limitation implementing any of such sections in a permit (A) negligently violates section 1311, 1312, 1316, 1317, issued under section 1342 of this title by the Administrator 1318, 1321(b)(3), 1328, or 1345 of this title, or any permit or by a State, or in a permit issued under section 1344 of condition or limitation implementing any of such sections in this title by the Secretary of the Army or by a State, and a permit issued under section 1342 of this title by the who knows at that time that he thereby places another Administrator or by a State, or any requirement imposed in person in imminent danger of death or serious bodily injury, a pretreatment program approved under section 1342(a)(3) shall, upon conviction, be subject to a fine of not more than or 1342(b)(8) of this title or in a permit issued under section $250,000 or imprisonment of not more than 15 years, or 1344 of this title by the Secretary of the Army or by a State; both. A person which is an organization shall, upon or conviction of violating this subparagraph, be subject to a fine of not more than $1,000,000. If a conviction of a person (B) negligently introduces into a sewer system or into a is for a violation committed after a first conviction of such publicly owned treatment works any pollutant or hazardous person under this paragraph, the maximum punishment shall substance which such person knew or reasonably should be doubled with respect to both fine and imprisonment.
have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, (B) ADDITIONAL PROVISIONSFor the purpose of State, or local requirements or permits, which causes such subparagraph (A) of this paragraph treatment works to violate any effluent limitation or (i) in determining whether a defendant who is an individual condition in any permit issued to the treatment works under knew that his conduct placed another person in imminent section 1342 of this title by the Administrator or a State; danger of death or serious bodily injury shall be punished by a fine of not less than $2,500 nor more (I) the person is responsible only for actual awareness or than $25,000 per day of violation, or by imprisonment for actual belief that he possessed; and not more than 1 year, or by both. If a conviction of a person (II) knowledge possessed by a person other than the is for a violation committed after a first conviction of such defendant but not by the defendant himself may not be person under this paragraph, punishment shall be by a fine attributed to the defendant; of not more than $50,000 per day of violation, or by except that in proving the defendants possession of actual imprisonment of not more than 2 years, or by both.
knowledge, circumstantial evidence may be used, including (2) KNOWING VIOLATIONSAny person who evidence that the defendant took affirmative steps to shield (A) knowingly violates section 1311, 1312, 1316, 1317, himself from relevant information; 1318, 1321(b)(3), 1328, or 1345 of this title, or any permit (ii) it is an affirmative defense to prosecution that the condition or limitation implementing any of such sections in conduct charged was consented to by the person endangered a permit issued under section 1342 of this title by the and that the danger and conduct charged were reasonably Administrator or by a State, or any requirement imposed in foreseeable hazards of a pretreatment program approved under section 1342(a)(3)
(I) an occupation, a business, or a profession; or or 1342(b)(8) of this title or in a permit issued under section 1344 of this title by the Secretary of the Army or by a State; (II) medical treatment or medical or scientific or experimentation conducted by professionally approved methods and such other person had been made aware of the (B) knowingly introduces into a sewer system or into a risks involved prior to giving consent; FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 and such defense may be established under this requirement imposed in a pretreatment program approved subparagraph by a preponderance of the evidence; under section 1342(a)(3) or 1342(b)(8) of this title, and any (iii) the term organization means a legal entity, other than person who violates any order issued by the Administrator a government, established or organized for any purpose, and under subsection (a) of this section, shall be subject to a such term includes a corporation, company, association, civil penalty not to exceed $25,000 per day for each firm, partnership, joint stock company, foundation, violation. In determining the amount of a civil penalty the institution, trust, society, union, or any other association of court shall consider the seriousness of the violation or persons; and violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith (iv) the term serious bodily injury means bodily injury efforts to comply with the applicable requirements, the which involves a substantial risk of death, unconsciousness, economic impact of the penalty on the violator, and such extreme physical pain, protracted and obvious other matters as justice may require. For purposes of this disfigurement, or protracted loss or impairment of the subsection, a single operational upset which leads to function of a bodily member, organ, or mental faculty.
simultaneous violations of more than one pollutant (4) FALSE STATEMENTSAny person who knowingly parameter shall be treated as a single violation.
makes any false material statement, representation, or (e) STATE LIABILITY FOR JUDGMENTS AND EXPENSES certification in any application, record, report, plan, or other Whenever a municipality is a party to a civil action brought document filed or required to be maintained under this by the United States under this section, the State in which chapter or who knowingly falsifies, tampers with, or renders such municipality is located shall be joined as a party. Such inaccurate any monitoring device or method required to be State shall be liable for payment of any judgment, or any maintained under this chapter, shall upon conviction, be expenses incurred as a result of complying with any punished by a fine of not more than $10,000, or by judgment, entered against the municipality in such action to imprisonment for not more than 2 years, or by both. If a the extent that the laws of that State prevent the conviction of a person is for a violation committed after a municipality from raising revenues needed to comply with first conviction of such person under this paragraph, such judgment.
punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 (f) WRONGFUL INTRODUCTION OF POLLUTANT INTO years, or by both. TREATMENT WORKSWhenever, on the basis of any information available to him, the Administrator finds that an (5) TREATMENT OF SINGLE OPERATIONAL UPSETFor owner or operator of any source is introducing a pollutant purposes of this subsection, a single operational upset which into a treatment works in violation of subsection (d) of leads to simultaneous violations of more than one pollutant section 1317 of this title, the Administrator may notify the parameter shall be treated as a single violation.
owner or operator of such treatment works and the State of (6) RESPONSIBLE CORPORATE OFFICER AS PERSONFor such violation. If the owner or operator of the treatment the purpose of this subsection, the term person means, in works does not commence appropriate enforcement action addition to the definition contained in section 1362(5) of within 30 days of the date of such notification, the this title, any responsible corporate officer. Administrator may commence a civil action for appropriate (7) HAZARDOUS SUBSTANCE DEFINEDFor the purpose of relief, including but not limited to, a permanent or this subsection, the term hazardous substance means (A) temporary injunction, against the owner or operator of such any substance designated pursuant to section 1321(b)(2)(A) treatment works. In any such civil action the Administrator of this title, (B) any element, compound, mixture, solution, shall join the owner or operator of such source as a party to or substance designated pursuant to section 9602 of Title 42, the action. Such action shall be brought in the district court (C) any hazardous waste having the characteristics of the United States in the district in which the treatment identified under or listed pursuant to section 3001 of the works is located. Such court shall have jurisdiction to Solid Waste Disposal Act [42 U.S.C. § 6921] (but not restrain such violation and to require the owner or operator including any waste the regulation of which under the Solid of the treatment works and the owner or operator of the Waste Disposal Act [42 U.S.C. § 6901 et seq.] has been source to take such action as may be necessary to come into suspended by Act of Congress), (D) any toxic pollutant compliance with this chapter. Notice of commencement of listed under section 1317(a) of this title, and (E) any any such action shall be given to the State. Nothing in this imminently hazardous chemical substance or mixture with subsection shall be construed to limit or prohibit any other respect to which the Administrator has taken action pursuant authority the Administrator may have under this chapter.
to section 2606 of Title 15. (g) ADMINISTRATIVE PENALTIES (d) CIVIL PENALTIES; FACTORS CONSIDERED IN DETERMINING (1) VIOLATIONSWhenever on the basis of any information AMOUNTAny person who violates section 1311, 1312, available 1316, 1317, 1318, 1328, or 1345 of this title, or any permit (A) the Administrator finds that any person has violated condition or limitation implementing any of such sections in section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this a permit issued under section 1342 of this title by the title, or has violated any permit condition or limitation Administrator, or by a State, , [sic] or in a permit issued implementing any of such sections in a permit issued under under section 1344 of this title by a State, or any FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 section 1342 of this title by the Administrator or by a State, (B) PRESENTATION OF EVIDENCEAny person who or in a permit issued under section 1344 of this title by a comments on a proposed assessment of a penalty under this State, or subsection shall be given notice of any hearing held under (B) the Secretary of the Army (hereinafter in this subsection this subsection and of the order assessing such penalty. In referred to as the Secretary) finds that any person has any hearing held under this subsection, such person shall violated any permit condition or limitation in a permit have a reasonable opportunity to be heard and to present issued under section 1344 of this title by the Secretary, evidence.
the Administrator or Secretary, as the case may be, may, (C) RIGHTS OF INTERESTED PERSONS TO A HEARINGIf no after consultation with the State in which the violation hearing is held under paragraph (2) before issuance of an occurs, assess a class I civil penalty or a class II civil order assessing a penalty under this subsection, any person penalty under this subsection. who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the (2) CLASSES OF PENALTIES Administrator or Secretary, as the case may be, to set aside (A) CLASS IThe amount of a class I civil penalty under such order and to provide a hearing on the penalty. If the paragraph (1) may not exceed $10,000 per violation, except evidence presented by the petitioner in support of the that the maximum amount of any class I civil penalty under petition is material and was not considered in the issuance this subparagraph shall not exceed $25,000. Before issuing of the order, the Administrator or Secretary shall an order assessing a civil penalty under this subparagraph, immediately set aside such order and provide a hearing in the Administrator or the Secretary, as the case may be, shall accordance with paragraph (2)(A) in the case of a class I give to the person to be assessed such penalty written notice civil penalty and paragraph (2)(B) in the case of a class II of the Administrators or Secretarys proposal to issue such civil penalty. If the Administrator or Secretary denies a order and the opportunity to request, within 30 days of the hearing under this subparagraph, the Administrator or date the notice is received by such person, a hearing on the Secretary shall provide to the petitioner, and publish in the proposed order. Such hearing shall not be subject to section Federal Register, notice of and the reasons for such denial.
554 or 556 of Title 5, but shall provide a reasonable (5) FINALITY OF ORDERAn order issued under this opportunity to be heard and to present evidence.
subsection shall become final 30 days after its issuance (B) CLASS IIThe amount of a class II civil penalty under unless a petition for judicial review is filed under paragraph paragraph (1) may not exceed $10,000 per day for each day (8) or a hearing is requested under paragraph (4)(C). If such during which the violation continues; except that the a hearing is denied, such order shall become final 30 days maximum amount of any class II civil penalty under this after such denial.
subparagraph shall not exceed $125,000. Except as (6) EFFECT OF ORDER otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and (A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS subject to the same provisions, as in the case of civil Action taken by the Administrator or the Secretary, as the penalties assessed and collected after notice and opportunity case may be, under this subsection shall not affect or limit for a hearing on the record in accordance with section 554 the Administrators or Secretarys authority to enforce any of Title 5. The Administrator and the Secretary may issue provision of this chapter; except that any violation rules for discovery procedures for hearings under this (i) with respect to which the Administrator or the Secretary subparagraph. has commenced and is diligently prosecuting an action (3) DETERMINING AMOUNTIn determining the amount of under this subsection, any penalty assessed under this subsection, the (ii) with respect to which a State has commenced and is Administrator or the Secretary, as the case may be, shall diligently prosecuting an action under a State law take into account the nature, circumstances, extent and comparable to this subsection, or gravity of the violation, or violations, and, with respect to (iii) for which the Administrator, the Secretary, or the State the violator, ability to pay, any prior history of such has issued a final order not subject to further judicial review violations, the degree of culpability, economic benefit or and the violator has paid a penalty assessed under this savings (if any) resulting from the violation, and such other subsection, or such comparable State law, as the case may matters as justice may require. For purposes of this be, shall not be the subject of a civil penalty action under subsection, a single operational upset which leads to subsection (d) of this section or section 1321(b) of this title simultaneous violations of more than one pollutant or section 1365 of this title.
parameter shall be treated as a single violation.
(B) APPLICABILITY OF LIMITATION WITH RESPECT TO (4) RIGHTS OF INTERESTED PERSONS CITIZEN SUITSThe limitations contained in subparagraph (A) PUBLIC NOTICEBefore issuing an order assessing a (A) on civil penalty actions under section 1365 of this title civil penalty under this subsection the Administrator or shall not apply with respect to any violation for which Secretary, as the case may be, shall provide public notice of (i) a civil action under section 1365(a)(1) of this title has and reasonable opportunity to comment on the proposed been filed prior to commencement of an action under this issuance of such order. subsection, or FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (ii) notice of an alleged violation of section 1365(a)(1) of amount and interest, attorneys fees and costs for collection this title has been given in accordance with section proceedings and a quarterly nonpayment penalty for each 1365(b)(1)(A) of this title prior to commencement of an quarter during which such failure to pay persists. Such action under this subsection and an action under section nonpayment penalty shall be in an amount equal to 20 1365(a)(1) of this title with respect to such alleged violation percent of the aggregate amount of such persons penalties is filed before the 120th day after the date on which such and nonpayment penalties which are unpaid as of the notice is given. beginning of such quarter.
(7) EFFECT OF ACTION ON COMPLIANCENo action by the (10) SUBPOENASThe Administrator or Secretary, as the Administrator or the Secretary under this subsection shall case may be, may issue subpoenas for the attendance and affect any persons obligation to comply with any section of testimony of witnesses and the production of relevant this chapter or with the terms and conditions of any permit papers, books, or documents in connection with hearings issued pursuant to section 1342 or 1344 of this title. under this subsection. In case of contumacy or refusal to (8) JUDICIAL REVIEWAny person against whom a civil obey a subpoena issued pursuant to this paragraph and penalty is assessed under this subsection or who commented served upon any person, the district court of the United on the proposed assessment of such penalty in accordance States for any district in which such person is found, resides, with paragraph (4) may obtain review of such assessment or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to (A) in the case of assessment of a class I civil penalty, in the issue an order requiring such person to appear and give United States District Court for the District of Columbia or testimony before the administrative law judge or to appear in the district in which the violation is alleged to have and produce documents before the administrative law judge, occurred, or or both, and any failure to obey such order of the court may (B) in the case of assessment of a class II civil penalty, in be punished by such court as a contempt thereof.
United States Court of Appeals for the District of Columbia (11) PROTECTION OF EXISTING PROCEDURESNothing in Circuit or for any other circuit in which such person resides this subsection shall change the procedures existing on the or transacts business, day before February 4, 1987, under other subsections of this by filing a notice of appeal in such court within the 30-day section for issuance and enforcement of orders by the period beginning on the date the civil penalty order is issued Administrator.
and by simultaneously sending a copy of such notice by certified mail to the Administrator or the Secretary, as the case may be, and the Attorney General. The Administrator SEC. 310. [33 U.S.C. 1320] INTERNATIONAL POLLUTION or the Secretary shall promptly file in such court a certified ABATEMENT copy of the record on which the order was issued. Such (a) HEARING; PARTICIPATION BY FOREIGN NATIONS court shall not set aside or remand such order unless there is Whenever the Administrator, upon receipts of reports, not substantial evidence in the record, taken as a whole, to surveys, or studies from any duly constituted international support the finding of a violation or unless the agency, has reason to believe that pollution is occurring Administrators or Secretarys assessment of the penalty which endangers the health or welfare of persons in a constitutes an abuse of discretion and shall not impose foreign country, and the Secretary of State requests him to additional civil penalties for the same violation unless the abate such pollution, he shall give formal notification Administrators or Secretarys assessment of the penalty thereof to the State water pollution control agency of the constitutes an abuse of discretion. State or States in which such discharge or discharges (9) COLLECTIONIf any person fails to pay an assessment originate and to the appropriate interstate agency, if any. He of a civil penalty shall also promptly call such a hearing, if he believes that such pollution is occurring in sufficient quantity to warrant (A) after the order making the assessment has become final, such action, and if such foreign country has given the or United States essentially the same rights with respect to the (B) after a court in an action brought under paragraph (8) prevention and control of pollution occurring in that country has entered a final judgment in favor of the Administrator or as is given that country by this subsection. The the Secretary, as the case may be, Administrator, through the Secretary of State, shall invite the Administrator or the Secretary shall request the Attorney the foreign country which may be adversely affected by the General to bring a civil action in an appropriate district pollution to attend and participate in the hearing, and the court to recover the amount assessed (plus interest at representative of such country shall, for the purpose of the currently prevailing rates from the date of the final order or hearing and any further proceeding resulting from such the date of the final judgment, as the case may be). In such hearing, have all the rights of a State water pollution control an action, the validity, amount, and appropriateness of such agency. Nothing in this subsection shall be construed to penalty shall not be subject to review. Any person who fails modify, amend, repeal, or otherwise affect the provisions of to pay on a timely basis the amount of an assessment of a the 1909 Boundary Waters Treaty between Canada and the civil penalty as described in the first sentence of this United States or the Water Utilization Treaty of 1944 paragraph shall be required to pay, in addition to such between Mexico and the United States (59 Stat. 1219),
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 relative to the control and abatement of pollution in waters application therefor remit or mitigate any forfeiture covered by those treaties. provided for under this subsection.
(b) FUNCTIONS AND RESPONSIBILITIES OF ADMINISTRATOR (e) COMPENSATION OF BOARD MEMBERSBoard members, NOT AFFECTEDThe calling of a hearing under this section other than officers or employees of Federal, State, or local shall not be construed by the courts, the Administrator, or governments, shall be for each day (including travel-time) any person as limiting, modifying, or otherwise affecting the during which they are performing board business, entitled to functions and responsibilities of the Administrator under receive compensation at a rate fixed by the Administrator this section to establish and enforce water quality but not in excess of the maximum rate of pay for grade GS-requirements under this chapter. 18, as provided in the General Schedule under section 5332 (c) HEARING BOARD; COMPOSITION; FINDINGS OF FACT; of Title 5, and shall, notwithstanding the limitations of RECOMMENDATIONS; IMPLEMENTATION OF BOARDS sections 5703 and 5704 of Title 5, be fully reimbursed for DECISIONThe Administrator shall publish in the Federal travel, subsistence and related expenses.
Register a notice of a public hearing before a hearing board (f) ENFORCEMENT PROCEEDINGSWhen any such of five or more persons appointed by the Administrator. A recommendation adopted by the Administrator involves the majority of the members of the board and the chairman who institution of enforcement proceedings against any person to shall be designated by the Administrator shall not be obtain the abatement of pollution subject to such officers or employees of Federal, State, or local recommendation, the Administrator shall institute such governments. On the basis of the evidence presented at such proceedings if he believes that the evidence warrants such hearing, the board shall within sixty days after completion proceedings. The district court of the United States shall of the hearing make findings of fact as to whether or not consider and determine de novo all relevant issues, but shall such pollution is occurring and shall thereupon by decision, receive in evidence the record of the proceedings before the incorporating its findings therein, make such conference or hearing board. The court shall have recommendations to abate the pollution as may be jurisdiction to enter such judgment and orders enforcing appropriate and shall transmit such decision and the record such judgment as it deems appropriate or to remand such of the hearings to the Administrator. All such decisions shall proceedings to the Administrator for such further action as it be public. Upon receipt of such decision, the Administrator may direct.
shall promptly implement the boards decision in accordance with the provisions of this chapter.
SEC. 311. [33 U.S.C. 1321] OIL AND HAZARDOUS (d) REPORT BY ALLEGED POLLUTERIn connection with any SUBSTANCE LIABILITY hearing called under this subsection, the board is authorized (a) DEFINITIONSFor the purpose of this section, the to require any person whose alleged activities result in term discharges causing or contributing to pollution to file with it in such forms as it may prescribe, a report based on existing (1) oil means oil of any kind or in any form, including, data, furnishing such information as may reasonably be but not limited to, petroleum, fuel oil, sludge, oil refuse, and required as to the character, kind, and quantity of such oil mixed with wastes other than dredged spoil; discharges and the use of facilities or other means to prevent (2) discharge includes, but is not limited to, any spilling, or reduce such discharges by the person filing such a report. leaking, pumping, pouring, emitting, emptying or dumping, Such report shall be made under oath or otherwise, as the but excludes (A) discharges in compliance with a permit board may prescribe, and shall be filed with the board under section 1342 of this title, (B) discharges resulting within such reasonable period as it may prescribe, unless from circumstances identified and reviewed and made a part additional time is granted by it. Upon a showing satisfactory of the public record with respect to a permit issued or to the board by the person filing such report that such report modified under section 1342 of this title, and subject to a or portion thereof (other than effluent data), to which the condition in such permit,, [sic] (C) continuous or anticipated Administrator has access under this section, if made public intermittent discharges from a point source, identified in a would divulge trade secrets or secret processes of such permit or permit application under section 1342 of this title, person, the board shall consider such report or portion which are caused by events occurring within the scope of thereof confidential for the purposes of section 1905 of Title relevant operating or treatment systems, and (D) discharges
- 18. If any person required to file any report under this incidental to mechanical removal authorized by the paragraph shall fail to do so within the time fixed by the President under subsection (c) of this section; board for filing the same, and such failure shall continue for (3) vessel means every description of watercraft or other thirty days after notice of such default, such person shall artificial contrivance used, or capable of being used, as a forfeit to the United States the sum of $1,000 for each and means of transportation on water other than a public vessel; every day of the continuance of such failure, which (4) public vessel means a vessel owned or bareboat-forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of chartered and operated by the United States, or by a State or the United States in the district court of the United States political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; where such person has his principal office or in any district in which he does business. The Administrator may upon (5) United States means the States, the District of FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Columbia, the Commonwealth of Puerto Rico, the (18) Area Committee means an Area Committee Commonwealth of the Northern Mariana Islands, Guam, established under subsection (j) of this section; American Samoa, the Virgin Islands, and the Trust Territory (19) Area Contingency Plan means an Area Contingency of the Pacific Islands; Plan prepared under subsection (j) of this section; (6) owner or operator means (A) in the case of a vessel, (20) Coast Guard District Response Group means a Coast any person owning, operating, or chartering by demise, such Guard District Response Group established under vessel, and (B) in the case of an onshore facility, and an subsection (j) of this section; offshore facility, any person owning or operating such (21) Federal On-Scene Coordinator means a Federal On-onshore facility or offshore facility, and (C) in the case of Scene Coordinator designated in the National Contingency any abandoned offshore facility, the person who owned or Plan; operated such facility immediately prior to such abandonment; (22) National Contingency Planmeans the National Contingency Plan prepared and published under subsection (7) person includes an individual, firm, corporation, (d) of this section; association, and a partnership; (23) National Response Unit means the National (8) remove or removal refers to containment and Response Unit established under subsection (j) of this removal of the oil or hazardous substances from the water section; and shorelines or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the (24) worst case discharge means public health or welfare, including, but not limited to, fish, (A) in the case of a vessel, a discharge in adverse weather shellfish, wildlife, and public and private property, conditions of its entire cargo; and shorelines, and beaches; (B) in the case of an offshore facility or onshore facility, the (9) contiguous zone means the entire zone established or largest foreseeable discharge in adverse weather conditions; to be established by the United States under article 24 of the (25) removal costs means Convention on the Territorial Sea and the Contiguous Zone; (A) the costs of removal of oil or a hazardous substance that (10) onshore facility means any facility (including, but not are incurred after it is discharged; and limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States (B) in any case in which there is a substantial threat of a other than submerged land; discharge of oil or a hazardous substance, the costs to prevent, minimize, or mitigate that threat; and (11) offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the (26) nontank vessel means a self-propelled vessel of 400 United States, and any facility of any kind which is subject gross tons as measured under section 14302 of Title 46, or to the jurisdiction of the United States and is located in, on, greater, other than a tank vessel, that carries oil of any kind or under any other waters, other than a vessel or a public as fuel for main propulsion and that vessel; (A) is a vessel of the United States; or (12) act of God means an act occasioned by an (B) operates on the navigable waters of the United unanticipated grave natural disaster; States.that--
(13) barrel means 42 United States gallons at 60 degrees (A) is at least 400 gross tons as measured under section Fahrenheit; 14302 of Title 46, or, for vessels not measured under that (14) hazardous substance means any substance designated section, as measured under section 14502 of that title; pursuant to subsection (b)(2) of this section; (B) is not a tank vessel; (15) inland oil barge means a non-self-propelled vessel (C) carries oil of any kind as fuel for main propulsion; and carrying oil in bulk as cargo and certificated to operate only (D) operates on the navigable waters of the United States, as in the inland waters of the United States, while operating in defined in section 2101(17a) of that title.
such waters; (b) CONGRESSIONAL DECLARATION OF POLICY AGAINST (16) inland waters of the United States means those DISCHARGES OF OIL OR HAZARDOUS SUBSTANCES; waters of the United States lying inside the baseline from DESIGNATION OF HAZARDOUS SUBSTANCES; STUDY OF which the territorial sea is measured and those waters HIGHER STANDARD OF CARE INCENTIVES AND REPORT TO outside such baseline which are a part of the Gulf CONGRESS; LIABILITY; PENALTIES; CIVIL ACTIONS: PENALTY Intracoastal Waterway; LIMITATIONS, SEPARATE OFFENSES, JURISDICTION, (17) otherwise subject to the jurisdiction of the United MITIGATION OF DAMAGES AND COSTS, RECOVERY OF States means subject to the jurisdiction of the United States REMOVAL COSTS, ALTERNATIVE REMEDIES, AND by virtue of United States citizenship, United States vessel WITHHOLDING CLEARANCE OF VESSELS documentation or numbering, or as provided for by (1) The Congress hereby declares that it is the policy of the international agreement to which the United States is a United States that there should be no discharges of oil or party; hazardous substances into or upon the navigable waters of FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 the United States, adjoining shorelines, or into or upon the Magnuson-Stevens Fishery Conservation and Management waters of the contiguous zone, or in connection with Act), where permitted under the Protocol of 1978 Relating activities under the Outer Continental Shelf Lands Act [43 to the International Convention for the Prevention of U.S.C. § 1331 et seq.] or the Deepwater Port Act of 1974 Pollution from Ships, 1973, and (B) where permitted in
[33 U.S.C. § 1501 et seq.], or which may affect natural quantities and at times and locations or under such resources belonging to, appertaining to, or under the circumstances or conditions as the President may, by exclusive management authority of the United States regulation, determine not to be harmful. Any regulations (including resources under the Magnuson-Stevens Fishery issued under this subsection shall be consistent with Conservation and Management Act [16 U.S.C. § 1801 et maritime safety and with marine and navigation laws and seq.]). regulations and applicable water quality standards.
(2)(A) The Administrator shall develop, promulgate, and (4) The President shall by regulation determine for the revise as may be appropriate, regulations designating as purposes of this section those quantities of oil and any hazardous substances, other than oil as defined in this hazardous substances the discharge of which may be section, such elements and compounds which, when harmful to the public health or welfare or the environment discharged in any quantity into or upon the navigable waters of the United States, including but not limited to fish, of the United States or adjoining shorelines or the waters of shellfish, wildlife, and public and private property, the contiguous zone or in connection with activities under shorelines, and beaches.
the Outer Continental Shelf Lands Act [43 U.S.C. § 1331 et (5) Any person in charge of a vessel or of an onshore seq.] or the Deepwater Port Act of 1974 [33 U.S.C. § 1501 facility or an offshore facility shall, as soon as he has et seq.], or which may affect natural resources belonging to, knowledge of any discharge of oil or a hazardous substance appertaining to, or under the exclusive management from such vessel or facility in violation of paragraph (3) of authority of the United States (including resources under the this subsection, immediately notify the appropriate agency Magnuson-Stevens Fishery Conservation and Management of the United States Government of such discharge. The Act [16 U.S.C. § 1801 et seq.] ), present an imminent and Federal agency shall immediately notify the appropriate substantial danger to the public health or welfare, including, State agency of any State which is, or may reasonably be but not limited to, fish, shellfish, wildlife, shorelines, and expected to be, affected by the discharge of oil or a beaches. hazardous substance. Any such person (A) in charge of a (B) The Administrator shall within 18 months after the date vessel from which oil or a hazardous substance is of enactment of this paragraph, conduct a study and report discharged in violation of paragraph (3)(i) of this to the Congress on methods, mechanisms, and procedures to subsection, or (B) in charge of a vessel from which oil or a create incentives to achieve a higher standard of care in all hazardous substance is discharged in violation of paragraph aspects of the management and movement of hazardous (3)(ii) of this subsection and who is otherwise subject to the substances on the part of owners, operators, or persons in jurisdiction of the United States at the time of the discharge, charge of onshore facilities, offshore facilities, or vessels. or (C) in charge of an onshore facility or an offshore The Administrator shall include in such study (1) limits of facility, who fails to notify immediately such agency of such liability, (2) liability for third party damages, (3) penalties discharge shall, upon conviction, be fined in accordance and fees, (4) spill prevention plans, (5) current practices in with Title 18, or imprisoned for not more than 5 years, or the insurance and banking industries, and (6) whether the both. Notification received pursuant to this paragraph shall penalty enacted in subclause (bb) of clause (iii) of not be used against any such natural person in any criminal subparagraph (B) of subsection (b)(2) of section 311 of case, except a prosecution for perjury or for giving a false Public Law 92-500 should be enacted. statement.
(3) The discharge of oil or hazardous substances (i) into or (6) ADMINISTRATIVE PENALTIES upon the navigable waters of the United States, adjoining (A) VIOLATIONSAny owner, operator, or person in charge shorelines, or into or upon the waters of the contiguous of any vessel, onshore facility, or offshore facility zone, or (ii) in connection with activities under the Outer (i) from which oil or a hazardous substance is discharged in Continental Shelf Lands Act [43 U.S.C. § 1331 et seq.] or violation of paragraph (3), or the Deepwater Port Act of 1974 [33 U.S.C. § 1501 et seq.],
or which may affect natural resources belonging to, (ii) who fails or refuses to comply with any regulation appertaining to, or under the exclusive management issued under subsection (j) of this section to which that authority of the United States (including resources under the owner, operator, or person in charge is subject, Magnuson-Stevens Fishery Conservation and Management may be assessed a class I or class II civil penalty by the Act [16 U.S.C. § 1801 et seq.] ), in such quantities as may Secretary of the department in which the Coast Guard is be harmful as determined by the President under paragraph operating or the Administrator.
(4) of this subsection, is prohibited, except (A) in the case of (B) CLASSES OF PENALTIES such discharges into the waters of the contiguous zone or which may affect natural resources belonging to, (i) CLASS IThe amount of a class I civil penalty under subparagraph (A) may not exceed $10,000 per violation, appertaining to, or under the exclusive management authority of the United States (including resources under the except that the maximum amount of any class I civil penalty FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 under this subparagraph shall not exceed $25,000. Before (E) EFFECT OF ORDERAction taken by the Administrator assessing a civil penalty under this clause, the Administrator or Secretary, as the case may be, under this paragraph shall or Secretary, as the case may be, shall give to the person to not affect or limit the Administrators or Secretarys be assessed such penalty written notice of the authority to enforce any provision of this chapter; except Administrators or Secretarys proposal to assess the penalty that any violation and the opportunity to request, within 30 days of the date (i) with respect to which the Administrator or Secretary has the notice is received by such person, a hearing on the commenced and is diligently prosecuting an action to assess proposed penalty. Such hearing shall not be subject to a class II civil penalty under this paragraph, or section 554 or 556 of Title 5, but shall provide a reasonable (ii) for which the Administrator or Secretary has issued a opportunity to be heard and to present evidence.
final order assessing a class II civil penalty not subject to (ii) CLASS IIThe amount of a class II civil penalty under further judicial review and the violator has paid a penalty subparagraph (A) may not exceed $10,000 per day for each assessed under this paragraph, shall not be the subject of a day during which the violation continues; except that the civil penalty action under section 1319(d), 1319(g), or 1365 maximum amount of any class II civil penalty under this of this Title or under paragraph (7).
subparagraph shall not exceed $125,000. Except as (F) EFFECT OF ACTION ON COMPLIANCENo action by the otherwise provided in this subsection, a class II civil penalty Administrator or Secretary under this paragraph shall affect shall be assessed and collected in the same manner, and any persons obligation to comply with any section of this subject to the same provisions, as in the case of civil chapter.
penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 (G) JUDICIAL REVIEWAny person against whom a civil of Title 5. The Administrator and Secretary may issue rules penalty is assessed under this paragraph or who commented for discovery procedures for hearings under this paragraph. on the proposed assessment of such penalty in accordance with subparagraph (C) may obtain review of such (C) RIGHTS OF INTERESTED PERSONS assessment (i) PUBLIC NOTICEBefore issuing an order assessing a (i) in the case of assessment of a class I civil penalty, in the class II civil penalty under this paragraph the Administrator United States District Court for the District of Columbia or or Secretary, as the case may be, shall provide public notice in the district in which the violation is alleged to have of and reasonable opportunity to comment on the proposed occurred, or issuance of such order.
(ii) in the case of assessment of a class II civil penalty, in (ii) PRESENTATION OF EVIDENCEAny person who United States Court of Appeals for the District of Columbia comments on a proposed assessment of a class II civil Circuit or for any other circuit in which such person resides penalty under this paragraph shall be given notice of any or transacts business, hearing held under this paragraph and of the order assessing such penalty. In any hearing held under this paragraph, such by filing a notice of appeal in such court within the 30-day person shall have a reasonable opportunity to be heard and period beginning on the date the civil penalty order is issued to present evidence. and by simultaneously sending a copy of such notice by certified mail to the Administrator or Secretary, as the case (iii) RIGHTS OF INTERESTED PERSONS TO A HEARINGIf no may be, and the Attorney General. The Administrator or hearing is held under subparagraph (B) before issuance of Secretary shall promptly file in such court a certified copy an order assessing a class II civil penalty under this of the record on which the order was issued. Such court paragraph, any person who commented on the proposed shall not set aside or remand such order unless there is not assessment may petition, within 30 days after the issuance substantial evidence in the record, taken as a whole, to of such order, the Administrator or Secretary, as the case support the finding of a violation or unless the may be, to set aside such order and to provide a hearing on Administrators or Secretarys assessment of the penalty the penalty. If the evidence presented by the petitioner in constitutes an abuse of discretion and shall not impose support of the petition is material and was not considered in additional civil penalties for the same violation unless the the issuance of the order, the Administrator or Secretary Administrators or Secretarys assessment of the penalty shall immediately set aside such order and provide a hearing constitutes an abuse of discretion.
in accordance with subparagraph (B)(ii). If the Administrator or Secretary denies a hearing under this (H) COLLECTIONIf any person fails to pay an assessment clause, the Administrator or Secretary shall provide to the of a civil penalty petitioner, and publish in the Federal Register, notice of and (i) after the assessment has become final, or the reasons for such denial. (ii) after a court in an action brought under subparagraph (D) FINALITY OF ORDERAn order assessing a class II civil (G) has entered a final judgment in favor of the penalty under this paragraph shall become final 30 days Administrator or Secretary, as the case may be, after its issuance unless a petition for judicial review is filed the Administrator or Secretary shall request the Attorney under subparagraph (G) or a hearing is requested under General to bring a civil action in an appropriate district subparagraph (C)(iii). If such a hearing is denied, such order court to recover the amount assessed (plus interest at shall become final 30 days after such denial. currently prevailing rates from the date of the final order or FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 the date of the final judgment, as the case may be). In such person shall be subject to a civil penalty of not less than an action, the validity, amount, and appropriateness of such $100,000, and not more than $3,000 per barrel of oil or unit penalty shall not be subject to review. Any person who fails of reportable quantity of hazardous substance discharged.
to pay on a timely basis the amount of an assessment of a (E) JURISDICTIONAn action to impose a civil penalty civil penalty as described in the first sentence of this under this paragraph may be brought in the district court of subparagraph shall be required to pay, in addition to such the United States for the district in which the defendant is amount and interest, attorneys fees and costs for collection located, resides, or is doing business, and such court shall proceedings and a quarterly nonpayment penalty for each have jurisdiction to assess such penalty.
quarter during which such failure to pay persists. Such (F) LIMITATIONA person is not liable for a civil penalty nonpayment penalty shall be in an amount equal to 20 under this paragraph for a discharge if the person has been percent of the aggregate amount of such persons penalties assessed a civil penalty under paragraph (6) for the and nonpayment penalties which are unpaid as of the discharge.
beginning of such quarter.
(8) DETERMINATION OF AMOUNTIn determining the (I) SUBPOENASThe Administrator or Secretary, as the amount of a civil penalty under paragraphs (6) and (7), the case may be, may issue subpoenas for the attendance and Administrator, Secretary, or the court, as the case may be, testimony of witnesses and the production of relevant shall consider the seriousness of the violation or violations, papers, books, or documents in connection with hearings the economic benefit to the violator, if any, resulting from under this paragraph. In case of contumacy or refusal to the violation, the degree of culpability involved, any other obey a subpoena issued pursuant to this subparagraph and penalty for the same incident, any history of prior violations, served upon any person, the district court of the United the nature, extent, and degree of success of any efforts of the States for any district in which such person is found, resides, violator to minimize or mitigate the effects of the discharge, or transacts business, upon application by the United States the economic impact of the penalty on the violator, and any and after notice to such person, shall have jurisdiction to other matters as justice may require.
issue an order requiring such person to appear and give testimony before the administrative law judge or to appear (9) MITIGATION OF DAMAGEIn addition to establishing a and produce documents before the administrative law judge, penalty for the discharge of oil or a hazardous substance, the or both, and any failure to obey such order of the court may Administrator or the Secretary of the department in which be punished by such court as a contempt thereof. the Coast Guard is operating may act to mitigate the damage to the public health or welfare caused by such discharge.
(7) CIVIL PENALTY ACTION The cost of such mitigation shall be deemed a cost incurred (A) DISCHARGE, GENERALLYAny person who is the under subsection (c) of this section for the removal of such owner, operator, or person in charge of any vessel, onshore substance by the United States Government.
facility, or offshore facility from which oil or a hazardous (10) RECOVERY OF REMOVAL COSTSAny costs of removal substance is discharged in violation of paragraph (3), shall incurred in connection with a discharge excluded by be subject to a civil penalty in an amount up to $25,000 per subsection (a)(2)(C) of this section shall be recoverable day of violation or an amount up to $1,000 per barrel of oil from the owner or operator of the source of the discharge in or unit of reportable quantity of hazardous substances an action brought under section 1319(b) of this Title.
discharged.
(11) LIMITATIONCivil penalties shall not be assessed (B) FAILURE TO REMOVE OR COMPLYAny person under both this section and section 1319 of this Title for the described in subparagraph (A) who, without sufficient same discharge.
cause (12) WITHHOLDING CLEARANCEIf any owner, operator, or (i) fails to properly carry out removal of the discharge under person in charge of a vessel is liable for a civil penalty an order of the President pursuant to subsection (c) of this under this subsection, or if reasonable cause exists to section; or believe that the owner, operator, or person in charge may be (ii) fails to comply with an order pursuant to subsection subject to a civil penalty under this subsection, the Secretary (e)(1)(B) of this section; of the Treasury, upon the request of the Secretary of the shall be subject to a civil penalty in an amount up to department in which the Coast Guard is operating or the
$25,000 per day of violation or an amount up to 3 times the Administrator, shall with respect to such vessel refuse or costs incurred by the Oil Spill Liability Trust Fund as a revoke result of such failure. (A) the clearance required by section 91 of the Appendix to (C) FAILURE TO COMPLY WITH REGULATIONAny person Title 46; who fails or refuses to comply with any regulation issued (B) a permit to proceed under section 313 of the Appendix under subsection (j) of this section shall be subject to a civil to Title 46; and penalty in an amount up to $25,000 per day of violation.
(C) a permit to depart required under section 1443 of Title (D) GROSS NEGLIGENCEIn any case in which a violation 19; of paragraph (3) was the result of gross negligence or willful as applicable. Clearance or a permit refused or revoked misconduct of a person described in subparagraph (A), the under this paragraph may be granted upon the filing of a FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 bond or other surety satisfactory to the Secretary of the subsection shall act in accordance with the National department in which the Coast Guard is operating or the Contingency Plan and the applicable response plan required Administrator. under subsection (j) of this section, or as directed by the (c) FEDERAL REMOVAL AUTHORITY President, except that the owner or operator may deviate from the applicable response plan if the President or the (1) GENERAL REMOVAL REQUIREMENT Federal On-Scene Coordinator determines that deviation (A) The President shall, in accordance with the National from the response plan would provide for a more Contingency Plan and any appropriate Area Contingency expeditious or effective response to the spill or mitigation of Plan, ensure effective and immediate removal of a its environmental effects.
discharge, and mitigation or prevention of a substantial (4) EXEMPTION FROM LIABILITY threat of a discharge, of oil or a hazardous substance (A) A person is not liable for removal costs or damages (i) into or on the navigable waters; which result from actions taken or omitted to be taken in the (ii) on the adjoining shorelines to the navigable waters; course of rendering care, assistance, or advice consistent (iii) into or on the waters of the exclusive economic zone; or with the National Contingency Plan or as otherwise directed (iv) that may affect natural resources belonging to, by the President relating to a discharge or a substantial appertaining to, or under the exclusive management threat of a discharge of oil or a hazardous substance.
authority of the United States. (B) Subparagraph (A) does not apply (B) In carrying out this paragraph, the President may (i) to a responsible party; (i) remove or arrange for the removal of a discharge, and (ii) to a response under the Comprehensive Environmental mitigate or prevent a substantial threat of a discharge, at any Response, Compensation, and Liability Act of 1980 (42 time; U.S.C. 9601 et seq.);
(ii) direct or monitor all Federal, State, and private actions (iii) with respect to personal injury or wrongful death; or to remove a discharge; and (iv) if the person is grossly negligent or engages in willful (iii) remove and, if necessary, destroy a vessel discharging, misconduct.
or threatening to discharge, by whatever means are (C) A responsible party is liable for any removal costs and available. damages that another person is relieved of under (2) DISCHARGE POSING SUBSTANTIAL THREAT TO PUBLIC subparagraph (A).
HEALTH OR WELFARE (5) OBLIGATION AND LIABILITY OF OWNER OR OPERATOR (A) If a discharge, or a substantial threat of a discharge, of NOT AFFECTEDNothing in this subsection affects oil or a hazardous substance from a vessel, offshore facility, (A) the obligation of an owner or operator to respond or onshore facility is of such a size or character as to be a immediately to a discharge, or the threat of a discharge, of substantial threat to the public health or welfare of the oil; or United States (including but not limited to fish, shellfish, (B) the liability of a responsible party under the Oil wildlife, other natural resources, and the public and private Pollution Act of 1990 [33 U.S.C. § 2701 et seq.].
beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove (6) RESPONSIBLE PARTY DEFINEDFor purposes of this the discharge or to mitigate or prevent the threat of the subsection, the term responsible party has the meaning discharge. given that term under section 1001 of the Oil Pollution Act of 1990 [33 U.S.C. § 2701].
(B) In carrying out this paragraph, the President may, without regard to any other provision of law governing (d) NATIONAL CONTINGENCY PLAN contracting procedures or employment of personnel by the (1) PREPARATION BY PRESIDENTThe President shall Federal Government prepare and publish a National Contingency Plan for (i) remove or arrange for the removal of the discharge, or removal of oil and hazardous substances pursuant to this mitigate or prevent the substantial threat of the discharge; section.
and (2) CONTENTSThe National Contingency Plan shall (ii) remove and, if necessary, destroy a vessel discharging, provide for efficient, coordinated, and effective action to or threatening to discharge, by whatever means are minimize damage from oil and hazardous substance available. discharges, including containment, dispersal, and removal of oil and hazardous substances, and shall include, but not be (3) ACTIONS IN ACCORDANCE WITH NATIONAL limited to, the following:
CONTINGENCY PLAN (A) Assignment of duties and responsibilities among (A) Each Federal agency, State, owner or operator, or other Federal departments and agencies in coordination with State person participating in efforts under this subsection shall act and local agencies and port authorities including, but not in accordance with the National Contingency Plan or as limited to, water pollution control and conservation and directed by the President.
trusteeship of natural resources (including conservation of (B) An owner or operator participating in efforts under this FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 fish and wildlife). of the United States, as required under subsection (c)(2) of (B) Identification, procurement, maintenance, and storage of this section.
equipment and supplies. (J) Establishment of procedures and standards for removing (C) Establishment or designation of Coast Guard strike a worst case discharge of oil, and for mitigating or teams, consisting of preventing a substantial threat of such a discharge.
(i) personnel who shall be trained, prepared, and available to (K) Designation of the Federal official who shall be the provide necessary services to carry out the National Federal On-Scene Coordinator for each area for which an Contingency Plan; Area Contingency Plan is required to be prepared under subsection (j) of this section.
(ii) adequate oil and hazardous substance pollution control equipment and material; and (L) Establishment of procedures for the coordination of activities of (iii) a detailed oil and hazardous substance pollution and prevention plan, including measures to protect fisheries and (i) Coast Guard strike teams established under subparagraph wildlife. (C);
(D) A system of surveillance and notice designed to (ii) Federal On-Scene Coordinators designated under safeguard against as well as ensure earliest possible notice subparagraph (K);
of discharges of oil and hazardous substances and imminent (iii) District Response Groups established under subsection threats of such discharges to the appropriate State and (j) of this section; and Federal agencies. (iv) Area Committees established under subsection (j) of (E) Establishment of a national center to provide this section.
coordination and direction for operations in carrying out the (M) A fish and wildlife response plan, developed in Plan. consultation with the United States Fish and Wildlife (F) Procedures and techniques to be employed in Service, the National Oceanic and Atmospheric identifying, containing, dispersing, and removing oil and Administration, and other interested parties (including State hazardous substances. fish and wildlife conservation officials), for the immediate (G) A schedule, prepared in cooperation with the States, and effective protection, rescue, and rehabilitation of, and identifying the minimization of risk of damage to, fish and wildlife resources and their habitat that are harmed or that may be (i) dispersants, other chemicals, and other spill mitigating jeopardized by a discharge.
devices and substances, if any, that may be used in carrying out the Plan, (3) REVISIONS AND AMENDMENTSThe President may, from time to time, as the President deems advisable, revise (ii) the waters in which such dispersants, other chemicals, or otherwise amend the National Contingency Plan.
and other spill mitigating devices and substances may be used, and (4) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY PLANAfter publication of the National (iii) the quantities of such dispersant, other chemicals, or Contingency Plan, the removal of oil and hazardous other spill mitigating device or substance which can be used substances and actions to minimize damage from oil and safely in such waters, hazardous substance discharges shall, to the greatest extent which schedule shall provide in the case of any dispersant, possible, be in accordance with the National Contingency chemical, spill mitigating device or substance, or waters not Plan.
specifically identified in such schedule that the President, or (e) CIVIL ENFORCEMENT his delegate, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill mitigating (1) ORDERS PROTECTING PUBLIC HEALTHIn addition to devices and substances which may be used, the waters in any action taken by a State or local government, when the which they may be used, and the quantities which can be President determines that there may be an imminent and used safely in such waters. substantial threat to the public health or welfare of the United States, including fish, shellfish, and wildlife, public (H) A system whereby the State or States affected by a and private property, shorelines, beaches, habitat, and other discharge of oil or hazardous substance may act where living and nonliving natural resources under the jurisdiction necessary to remove such discharge and such State or States or control of the United States, because of an actual or may be reimbursed in accordance with the Oil Pollution Act threatened discharge of oil or a hazardous substance from a of 1990 [33 U.S.C. § 2701 et seq.], in the case of any vessel or facility in violation of subsection (b) of this discharge of oil from a vessel or facility, for the reasonable section, the President may costs incurred for that removal, from the Oil Spill Liability Trust Fund. (A) require the Attorney General to secure any relief from any person, including the owner or operator of the vessel or (I) Establishment of criteria and procedures to ensure facility, as may be necessary to abate such endangerment; or immediate and effective Federal identification of, and response to, a discharge, or the threat of a discharge, that (B) after notice to the affected State, take any other action results in a substantial threat to the public health or welfare under this section, including issuing administrative orders, FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 that may be necessary to protect the public health and Commerce and the Small Business Administration, to welfare. establish reasonable and equitable classifications of those (2) JURISDICTION OF DISTRICT COURTSThe district courts onshore facilities having a total fixed storage capacity of of the United States shall have jurisdiction to grant any 1,000 barrels or less which he determines because of size, relief under this subsection that the public interest and the type, and location do not present a substantial risk of the equities of the case may require. discharge of oil or a hazardous substance in violation of subsection (b)(3) of this section, and apply with respect to (f) LIABILITY FOR ACTUAL COSTS OF REMOVAL such classifications differing limits of liability which may (1) Except where an owner or operator can prove that a be less than the amount contained in this paragraph.
discharge was caused solely by (A) an act of God, (B) an act (3) Except where an owner or operator of an offshore of war, (C) negligence on the part of the United States facility can prove that a discharge was caused solely by (A)
Government, or (D) an act or omission of a third party an act of God, (B) an act of war, (C) negligence on the part without regard to whether any such act or omission was or of the United States Government, or (D) an act or omission was not negligent, or any combination of the foregoing of a third party without regard to whether any such act or clauses, such owner or operator of any vessel from which oil omission was or was not negligent, or any combination of or a hazardous substance is discharged in violation of the foregoing clauses, such owner or operator of any such subsection (b)(3) of this section shall, notwithstanding any facility from which oil or a hazardous substance is other provision of law, be liable to the United States discharged in violation of subsection (b)(3) of this section Government for the actual costs incurred under subsection shall, notwithstanding any other provision of law, be liable (c) of this section for the removal of such oil or substance to the United States Government for the actual costs by the United States Government in an amount not to incurred under subsection (c) of this section for the removal exceed, in the case of an inland oil barge $125 per gross ton of such oil or substance by the United States Government in of such barge, or $125,000, whichever is greater, and in the an amount not to exceed $50,000,000, except that where the case of any other vessel, $150 per gross ton of such vessel United States can show that such discharge was the result of (or, for a vessel carrying oil or hazardous substances as willful negligence or willful misconduct within the privity cargo, $250,000), whichever is greater, except that where and knowledge of the owner, such owner or operator shall the United States can show that such discharge was the be liable to the United States Government for the full result of willful negligence or willful misconduct within the amount of such costs. The United States may bring an privity and knowledge of the owner, such owner or operator action against the owner or operator of such a facility in any shall be liable to the United States Government for the full court of competent jurisdiction to recover such costs.
amount of such costs. Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in (4) The costs of removal of oil or a hazardous substance for rem in the district court of the United States for any district which the owner or operator of a vessel or onshore or within which any vessel may be found. The United States offshore facility is liable under subsection (f) of this section may also bring an action against the owner or operator of shall include any costs or expenses incurred by the Federal such vessel in any court of competent jurisdiction to recover Government or any State government in the restoration or such costs. replacement of natural resources damaged or destroyed as a result of a discharge of oil or a hazardous substance in (2) Except where an owner or operator of an onshore facility violation of subsection (b) of this section.
can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the (5) The President, or the authorized representative of any United States Government, or (D) an act or omission of a State, shall act on behalf of the public as trustee of the third party without regard to whether any such act or natural resources to recover for the costs of replacing or omission was or was not negligent, or any combination of restoring such resources. Sums recovered shall be used to the foregoing clauses, such owner or operator of any such restore, rehabilitate, or acquire the equivalent of such facility from which oil or a hazardous substance is natural resources by the appropriate agencies of the Federal discharged in violation of subsection (b)(3) of this section Government, or the State government.
shall be liable to the United States Government for the (g) THIRD PARTY LIABILITYWhere the owner or operator actual costs incurred under subsection (c) of this section for of a vessel (other than an inland oil barge) carrying oil or the removal of such oil or substance by the United States hazardous substances as cargo or an onshore or offshore Government in an amount not to exceed $50,000,000, facility which handles or stores oil or hazardous substances except that where the United States can show that such in bulk, from which oil or a hazardous substance is discharge was the result of willful negligence or willful discharged in violation of subsection (b) of this section, misconduct within the privity and knowledge of the owner, alleges that such discharge was caused solely by an act or such owner or operator shall be liable to the United States omission of a third party, such owner or operator shall pay Government for the full amount of such costs. The United to the United States Government the actual costs incurred States may bring an action against the owner or operator of under subsection (c) of this section for removal of such oil such facility in any court of competent jurisdiction to or substance and shall be entitled by subrogation to all rights recover such costs. The Administrator is authorized, by of the United States Government to recover such costs from regulation, after consultation with the Secretary of such third party under this subsection. In any case where an FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 owner or operator of a vessel, of an onshore facility, or of an which may be brought against the United States offshore facility, from which oil or a hazardous substance is Government in the United States Court of Federal Claims, discharged in violation of subsection (b)(3) of this section, that such discharge was caused solely by (A) an act of God, proves that such discharge of oil or hazardous substance was (B) an act of war, (C) negligence on the part of the United caused solely by an act or omission of a third party, or was States Government, or (D) an act or omission of a third caused solely by such an act or omission in combination party without regard to whether such act or omission was or with an act of God, an act of war, or negligence on the part was not negligent, or of any combination of the foregoing of the United States Government, such third party shall, causes.
notwithstanding any other provision of law, be liable to the (j) NATIONAL RESPONSE SYSTEM United States Government for the actual costs incurred (1) IN GENERALConsistent with the National Contingency under subsection (c) of this section for removal of such oil Plan required by subsection (c)(2) of this section, as soon as or substance by the United States Government, except practicable after October 18, 1972, and from time to time where such third party can prove that such discharge was thereafter, the President shall issue regulations consistent caused solely by (A) an act of God, (B) an act of war, (C) with maritime safety and with marine and navigation laws negligence on the part of the United States Government, or (A) establishing methods and procedures for removal of (D) an act or omission of another party without regard to discharged oil and hazardous substances, (B) establishing whether such act or omission was or was not negligent, or criteria for the development and implementation of local any combination of the foregoing clauses. If such third party and regional oil and hazardous substance removal was the owner or operator of a vessel which caused the contingency plans, (C) establishing procedures, methods, discharge of oil or a hazardous substance in violation of and equipment and other requirements for equipment to subsection (b)(3) of this section, the liability of such third prevent discharges of oil and hazardous substances from party under this subsection shall not exceed, in the case of vessels and from onshore facilities and offshore facilities, an inland oil barge $125 per gross ton of such barge, or and to contain such discharges, and (D) governing the
$125,000, whichever is greater, and in the case of any other inspection of vessels carrying cargoes of oil and hazardous vessel, $150 per gross ton of such vessel (or, for a vessel substances and the inspection of such cargoes in order to carrying oil or hazardous substances as cargo, $250,000),
reduce the likelihood of discharges of oil from vessels in whichever is greater. In any other case the liability of such violation of this section.
third party shall not exceed the limitation which would have been applicable to the owner or operator of the vessel or the (2) NATIONAL RESPONSE UNITThe Secretary of the onshore or offshore facility from which the discharge department in which the Coast Guard is operating shall actually occurred if such owner or operator were liable. If establish a National Response Unit at Elizabeth City, North the United States can show that the discharge of oil or a Carolina. The Secretary, acting through the National hazardous substance in violation of subsection (b)(3) of this Response Unit section was the result of willful negligence or willful (A) shall compile and maintain a comprehensive computer misconduct within the privity and knowledge of such third list of spill removal resources, personnel, and equipment party, such third party shall be liable to the United States that is available worldwide and within the areas designated Government for the full amount of such removal costs. The by the President pursuant to paragraph (4), and of United States may bring an action against the third party in information regarding previous spills, including data from any court of competent jurisdiction to recover such removal universities, research institutions, State governments, and costs. other nations, as appropriate, which shall be disseminated as (h) RIGHTS AGAINST THIRD PARTIES WHO CAUSED OR appropriate to response groups and area committees, and CONTRIBUTED TO DISCHARGEThe liabilities established by which shall be available to Federal and State agencies and this section shall in no way affect any rights which (1) the the public; owner or operator of a vessel or of an onshore facility or an (B) shall provide technical assistance, equipment, and other offshore facility may have against any third party whose resources requested by a Federal On-Scene Coordinator; acts may in any way have caused or contributed to such (C) shall coordinate use of private and public personnel and discharge, or (2) The United States Government may have equipment to remove a worst case discharge, and to mitigate against any third party whose actions may in any way have or prevent a substantial threat of such a discharge, from a caused or contributed to the discharge of oil or hazardous vessel, offshore facility, or onshore facility operating in or substance. near an area designated by the President pursuant to (i) RECOVERY OF REMOVAL COSTSIn any case where an paragraph (4);
owner or operator of a vessel or an onshore facility or an (D) may provide technical assistance in the preparation of offshore facility from which oil or a hazardous substance is Area Contingency Plans required under paragraph (4);
discharged in violation of subsection (b)(3) of this section acts to remove such oil or substance in accordance with (E) shall administer Coast Guard strike teams established regulations promulgated pursuant to this section, such under the National Contingency Plan; owner or operator shall be entitled to recover the reasonable (F) shall maintain on file all Area Contingency Plans costs incurred in such removal upon establishing, in a suit approved by the President under this subsection; and FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (G) shall review each of those plans that affects its operator and of Federal, State, and local agencies in responsibilities under this subsection. removing a discharge, and in mitigating or preventing a (3) COAST GUARD DISTRICT RESPONSE GROUPS substantial threat of a discharge; (A) The Secretary of the department in which the Coast (iv) list the equipment (including firefighting equipment),
Guard is operating shall establish in each Coast Guard dispersants or other mitigating substances and devices, and district a Coast Guard District Response Group. personnel available to an owner or operator and Federal, State, and local agencies, to ensure an effective and (B) Each Coast Guard District Response Group shall consist immediate removal of a discharge, and to ensure mitigation of or prevention of a substantial threat of a discharge; (i) the Coast Guard personnel and equipment, including (v) compile a list of local scientists, both inside and outside firefighting equipment, of each port within the district; Federal Government service, with expertise in the (ii) additional prepositioned equipment; and environmental effects of spills of the types of oil typically (iii) a district response advisory staff. transported in the area, who may be contacted to provide (C) Coast Guard district response groups information or, where appropriate, participate in meetings of the scientific support team convened in response to a spill, (i) shall provide technical assistance, equipment, and other and describe the procedures to be followed for obtaining an resources when required by a Federal On-Scene expedited decision regarding the use of dispersants; Coordinator; (vi) describe in detail how the plan is integrated into other (ii) shall maintain all Coast Guard response equipment Area Contingency Plans and vessel, offshore facility, and within its district; onshore facility response plans approved under this (iii) may provide technical assistance in the preparation of subsection, and into operating procedures of the National Area Contingency Plans required under paragraph (4); and Response Unit; (iv) shall review each of those plans that affect its area of (vii) include any other information the President requires; geographic responsibility. and (4) AREA COMMITTEES AND AREA CONTINGENCY PLANS (viii) be updated periodically by the Area Committee.
(A) There is established for each area designated by the (D) The President shall President an Area Committee comprised of members (i) review and approve Area Contingency Plans under this appointed by the President from qualified personnel of paragraph; and Federal, State, and local agencies.
(ii) periodically review Area Contingency Plans so (B) Each Area Committee, under the direction of the approved.
Federal On-Scene Coordinator for its area, shall (5) TANK VESSEL, NONTANK VESSEL, AND FACILITY (i) prepare for its area the Area Contingency Plan required RESPONSE PLANS under subparagraph (C);
(A)(i) The President shall issue regulations which require an (ii) work with State and local officials to enhance the owner or operator of a tank vessel or facility described in contingency planning of those officials and to assure subparagraph (C) to prepare and submit to the President a preplanning of joint response efforts, including appropriate plan for responding, to the maximum extent practicable, to a procedures for mechanical recovery, dispersal, shoreline worst case discharge, and to a substantial threat of such a cleanup, protection of sensitive environmental areas, and discharge, of oil or a hazardous substance.
protection, rescue, and rehabilitation of fisheries and wildlife; and (ii) The President shall also issue regulations which require an owner or operator of a non-tank nontank vessel to (iii) work with State and local officials to expedite decisions prepare and submit to the President a plan for responding, to for the use of dispersants and other mitigating substances the maximum extent practicable, to a worst case discharge, and devices.
and to a substantial threat of such a discharge, of oil.
(C) Each Area Committee shall prepare and submit to the (B) The Secretary of the Department in which the Coast President for approval an Area Contingency Plan for its Guard is operating may issue regulations which require an area. The Area Contingency Plan shall owner or operator of a tank vessel, a non-tank nontank (i) when implemented in conjunction with the National vessel, or a facility described in subparagraph (C) that Contingency Plan, be adequate to remove a worst case transfers noxious liquid substances in bulk to or from a discharge, and to mitigate or prevent a substantial threat of vessel to prepare and submit to the Secretary a plan for such a discharge, from a vessel, offshore facility, or onshore responding, to the maximum extent practicable, to a worst facility operating in or near the area; case discharge, and to a substantial threat of such a (ii) describe the area covered by the plan, including the discharge, of a noxious liquid substance that is not areas of special economic or environmental importance that designated as a hazardous substance or regulated as oil in might be damaged by a discharge; any other law or regulation. For purposes of this paragraph, (iii) describe in detail the responsibilities of an owner or the term noxious liquid substance has the same meaning FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 when that term is used in the MARPOL Protocol described unless in section 1901(a)(3) of this title. (i) in the case of a tank vessel, non-tank nontank vessel, (C) The tank vessels, nontank vessels, and facilities referred offshore facility, or onshore facility for which a response to in subparagraphs (A) and (B) are the following: plan is reviewed by the President under subparagraph (E),
(i) A tank vessel, as defined under section 2101 of Title 46. the plan has been approved by the President; and (ii) A nontank vessel. (ii) the vessel or facility is operating in compliance with the plan.
(iii) An offshore facility.
(G) Notwithstanding subparagraph (E), the President may (iv) An onshore facility that, because of its location, could authorize a tank vessel, non-tank nontank vessel, offshore reasonably be expected to cause substantial harm to the facility, or onshore facility to operate without a response environment by discharging into or on the navigable waters, plan approved under this paragraph, until not later than 2 adjoining shorelines, or the exclusive economic zone.
years after the date of the submission to the President of a (D) A response plan required under this paragraph shall plan for the tank vessel, non-tank nontank vessel, or facility, (i) be consistent with the requirements of the National if the owner or operator certifies that the owner or operator Contingency Plan and Area Contingency Plans; has ensured by contract or other means approved by the (ii) identify the qualified individual having full authority to President the availability of private personnel and implement removal actions, and require immediate equipment necessary to respond, to the maximum extent communications between that individual and the appropriate practicable, to a worst case discharge or a substantial threat Federal official and the persons providing personnel and of such a discharge.
equipment pursuant to clause (iii); (H) The owner or operator of a tank vessel, nontank vessel, (iii) identify, and ensure by contract or other means offshore facility, or onshore facility may not claim as a approved by the President the availability of, private defense to liability under title I of the Oil Pollution Act of personnel and equipment necessary to remove to the 1990 [33 U.S.C. § 2701 et seq.] that the owner or operator maximum extent practicable a worst case discharge was acting in accordance with an approved response plan.
(including a discharge resulting from fire or explosion), and (I) The Secretary shall maintain, in the Vessel Identification to mitigate or prevent a substantial threat of such a System established under chapter 125 of Title 46, the dates discharge; of approval and review of a response plan under this (iv) describe the training, equipment testing, periodic paragraph for each tank vessel and nontank vessel that is a unannounced drills, and response actions of persons on the vessel of the United States.
vessel or at the facility, to be carried out under the plan to (6) EQUIPMENT REQUIREMENTS AND INSPECTIONThe ensure the safety of the vessel or facility and to mitigate or President may require prevent the discharge, or the substantial threat of a (A) periodic inspection of containment booms, skimmers, discharge; vessels, and other major equipment used to remove (v) be updated periodically; and discharges; and (vi) be resubmitted for approval of each significant change. (B) vessels operating on navigable waters and carrying oil (E) With respect to any response plan submitted under this or a hazardous substance in bulk as cargo, and nontank paragraph for an onshore facility that, because of its vessels carrying oil of any kind as fuel for main propulsion, location, could reasonably be expected to cause significant to carry appropriate removal equipment that employs the and substantial harm to the environment by discharging into best technology economically feasible and that is or on the navigable waters or adjoining shorelines or the compatible with the safe operation of the vessel.
exclusive economic zone, and with respect to each response (7) AREA DRILLSThe President shall periodically conduct plan submitted under this paragraph for a tank vessel, drills of removal capability, without prior notice, in areas for nontank vessel, or offshore facility, the President shall which Area Contingency Plans are required under this (i) promptly review such response plan; subsection and under relevant tank vessel, nontank vessel, and facility response plans. The drills may include (ii) require amendments to any plan that does not meet the participation by Federal, State, and local agencies, the requirements of this paragraph; owners and operators of vessels and facilities in the area, (iii) approve any plan that meets the requirements of this and private industry. The President may publish annual paragraph; reports on these drills, including assessments of the (iv) review each plan periodically thereafter; and effectiveness of the plans and a list of amendments made to (v) in the case of a plan for a nontank vessel, consider any improve plans.
applicable State-mandated response plan in effect on August (8) UNITED STATES GOVERNMENT NOT LIABLEThe United 9, 2004 and ensure consistency to the extent practicable. States Government is not liable for any damages arising (F) A tank vessel, non-tank nontank vessel, offshore facility, from its actions or omissions relating to any response plan or onshore facility required to prepare a response plan under required by this section.
this subsection may not handle, store, or transport oil (k) Repealed. Pub.L. 101-380, Title I, Sec. 2002(b)(2), Aug.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 18, 1990, 104 Stat. 507 obtained under this paragraph shall be subject to the same (l) ADMINISTRATIONThe President is authorized to public access and disclosure requirements which are delegate the administration of this section to the heads of applicable to records, reports, and information obtained those Federal departments, agencies, and instrumentalities pursuant to section 1318 of this title.
which he determines to be appropriate. Each such (n) JURISDICTIONThe several district courts of the United department, agency, and instrumentality, in order to avoid States are invested with jurisdiction for any actions, other duplication of effort, shall, whenever appropriate, utilize the than actions pursuant to subsection (i)(1) of this section, personnel, services, and facilities of other Federal arising under this section. In the case of Guam and the Trust departments, agencies, and instrumentalities. Territory of the Pacific Islands, such actions may be brought (m) ADMINISTRATIVE PROVISIONS in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of (1) FOR VESSELSAnyone authorized by the President to the Virgin Islands. In the case of American Samoa and the enforce the provisions of this section with respect to any Trust Territory of the Pacific Islands, such actions may be vessel may, except as to public vessels brought in the District Court of the United States for the (A) board and inspect any vessel upon the navigable waters District of Hawaii and such court shall have jurisdiction of of the United States or the waters of the contiguous zone, such actions. In the case of the Canal Zone, such actions (B) with or without a warrant, arrest any person who in the may be brought in the United States District Court for the presence or view of the authorized person violates the District of the Canal Zone.
provisions of this section or any regulation issued (o) OBLIGATION FOR DAMAGES UNAFFECTED; LOCAL thereunder, and AUTHORITY NOT PREEMPTED; EXISTING FEDERAL (C) execute any warrant or other process issued by an AUTHORITY NOT MODIFIED OR AFFECTED officer or court of competent jurisdiction. (1) Nothing in this section shall affect or modify in any way (2) FOR FACILITIES the obligations of any owner or operator of any vessel, or of (A) RECORDKEEPINGWhenever required to carry out the any owner or operator of any onshore facility or offshore purposes of this section, the Administrator or the Secretary facility to any person or agency under any provision of law of the Department in which the Coast Guard is operating for damages to any publicly owned or privately owned shall require the owner or operator of a facility to which this property resulting from a discharge of any oil or hazardous section applies to establish and maintain such records, make substance or from the removal of any such oil or hazardous such reports, install, use, and maintain such monitoring substance.
equipment and methods, and provide such other information (2) Nothing in this section shall be construed as preempting as the Administrator or Secretary, as the case may be, may any State or political subdivision thereof from imposing any require to carry out the objectives of this section. requirement or liability with respect to the discharge of oil (B) ENTRY AND INSPECTIONWhenever required to carry or hazardous substance into any waters within such State, or out the purposes of this section, the Administrator or the with respect to any removal activities related to such Secretary of the Department in which the Coast Guard is discharge.
operating or an authorized representative of the (3) Nothing in this section shall be construed as affecting or Administrator or Secretary, upon presentation of appropriate modifying any other existing authority of any Federal credentials, may department, agency, or instrumentality, relative to onshore (i) enter and inspect any facility to which this section or offshore facilities under this chapter or any other applies, including any facility at which any records are provision of law, or to affect any State or local law not in required to be maintained under subparagraph (A); and conflict with this section.
(ii) at reasonable times, have access to and copy any (p) Repealed. Pub.L. 101-380, Title II, Sec. 2002(b)(4),
records, take samples, and inspect any monitoring Aug. 18, 1990, 104 Stat. 507 equipment or methods required under subparagraph (A). (q) ESTABLISHMENT OF MAXIMUM LIMIT OF LIABILITY WITH (C) ARRESTS AND EXECUTION OF WARRANTSAnyone RESPECT TO ONSHORE OR OFFSHORE FACILITIESThe authorized by the Administrator or the Secretary of the President is authorized to establish, with respect to any class department in which the Coast Guard is operating to enforce or category of onshore or offshore facilities, a maximum the provisions of this section with respect to any facility limit of liability under subsections (f)(2) and (3) of this may section of less than $50,000,000, but not less than
$8,000,000.
(i) with or without a warrant, arrest any person who violates the provisions of this section or any regulation issued (r) LIABILITY LIMITATIONS NOT TO LIMIT LIABILITY UNDER thereunder in the presence or view of the person so OTHER LEGISLATIONNothing in this section shall be authorized; and construed to impose, or authorize the imposition of, any limitation on liability under the Outer Continental Shelf (ii) execute any warrant or process issued by an officer or Lands Act [43 U.S.C. § 1331 et seq.] or the Deepwater Port court of competent jurisdiction. Act of 1974 [33 U.S.C. § 1501 et seq.].
(D) PUBLIC ACCESSAny records, reports, or information FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (s) OIL SPILL LIABILITY TRUST FUNDThe Oil Spill (A) means a discharge, including Liability Trust Fund established under section 9509 of Title (i) graywater, bilge water, cooling water, weather deck 26 shall be available to carry out subsections (b), (c), (d), (j), runoff, ballast water, oil water separator effluent, and any and (l ) of this section as those subsections apply to other pollutant discharge from the operation of a marine discharges, and substantial threats of discharges, of oil. Any propulsion system, shipboard maneuvering system, crew amounts received by the United States under this section habitability system, or installed major equipment, such as an shall be deposited in the Oil Spill Liability Trust Fund. aircraft carrier elevator or a catapult, or from a protective, preservative, or absorptive application to the hull of the vessel; and SEC. 312. [33 U.S.C. 1322] MARINE SANITATION DEVICES (a) DEFINITIONSFor the purpose of this section, the (ii) a discharge in connection with the testing, maintenance, term and repair of a system described in clause (i) whenever the vessel is waterborne; and (1) new vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as (B) does not include a means of transportation on the navigable waters, the (i) a discharge of rubbish, trash, garbage, or other such construction of which is initiated after promulgation of material discharged overboard; standards and regulations under this section; (ii) an air emission resulting from the operation of a vessel (2) existing vessel includes every description of watercraft propulsion system, motor driven equipment, or incinerator; or other artificial contrivance used, or capable of being used, or as a means of transportation on the navigable waters, the (iii) a discharge that is not covered by part 122.3 of title 40, construction of which is initiated before promulgation of Code of Federal Regulations (as in effect on February 10, standards and regulations under this section; 1996);
(3) public vessel means a vessel owned or bareboat (13) marine pollution control device means any chartered and operated by the United States, by a State or equipment or management practice, for installation or use political subdivision thereof, or by a foreign nation, except on board a vessel of the Armed Forces, that is when such vessel is engaged in commerce; (A) designed to receive, retain, treat, control, or discharge a (4) United States includes the States, the District of discharge incidental to the normal operation of a vessel; and Columbia, the Commonwealth of Puerto Rico, the Virgin (B) determined by the Administrator and the Secretary of Islands, Guam, American Samoa, the Canal Zone, and the Defense to be the most effective equipment or management Trust Territory of the Pacific Islands; practice to reduce the environmental impacts of the (5) marine sanitation device includes any equipment for discharge consistent with the considerations set forth in installation on board a vessel which is designed to receive, subsection (n)(2)(B) of this section; and retain, treat, or discharge sewage, and any process to treat (14) vessel of the Armed Forces means such sewage; (A) any vessel owned or operated by the Department of (6) sewage means human body wastes and the wastes Defense, other than a time or voyage chartered vessel; and from toilets and other receptacles intended to receive or retain body wastes except that, with respect to commercial (B) any vessel owned or operated by the Department of vessels on the Great Lakes, such term shall include Transportation that is designated by the Secretary of the graywater; department in which the Coast Guard is operating as a vessel equivalent to a vessel described in subparagraph (A).
(7) manufacturer means any person engaged in the manufacturing, assembling, or importation of marine (b) FEDERAL STANDARDS OF PERFORMANCE sanitation devices or of vessels subject to standards and (1) As soon as possible, after October 18, 1972, and subject regulations promulgated under this section; to the provisions of section 1254(j) of this title, the (8) person means an individual, partnership, firm, Administrator, after consultation with the Secretary of the corporation, association, or agency of the United States, but department in which the Coast Guard is operating, after does not include an individual on board a public vessel; giving appropriate consideration to the economic costs involved, and within the limits of available technology, shall (9) discharge includes, but is not limited to, any spilling, promulgate Federal standards of performance for marine leaking, pumping, pouring, emitting, emptying or dumping; sanitation devices (hereafter in this section referred to as (10) commercial vessels means those vessels used in the standards) which shall be designed to prevent the business of transporting property for compensation or hire, discharge of untreated or inadequately treated sewage into or in transporting property in the business of the owner, or upon the navigable waters from new vessels and existing lessee, or operator of the vessel; vessels, except vessels not equipped with installed toilet (11) graywater means galley, bath, and shower water; facilities. Such standards and standards established under (12) discharge incidental to the normal operation of a subsection (c)(1)(B) of this section shall be consistent with vessel maritime safety and the marine and navigation laws and regulations and shall be coordinated with the regulations FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 issued under this subsection by the Secretary of the standards and regulations under this section are department in which the Coast Guard is operating. The promulgated, the Administrator and the Secretary of the Secretary of the department in which the Coast Guard is department in which the Coast Guard is operating shall operating shall promulgate regulations, which are consistent consult with the Secretary of State; the Secretary of Health with standards promulgated under this subsection and and Human Services; the Secretary of Defense; the subsection (c) of this section and with maritime safety and Secretary of the Treasury; the Secretary of Commerce; other the marine and navigation laws and regulations governing interested Federal agencies; and the States and industries the design, construction, installation, and operation of any interested; and otherwise comply with the requirements of marine sanitation device on board such vessels. section 553 of Title 5.
(2) Any existing vessel equipped with a marine sanitation (f) REGULATION BY STATES OR POLITICAL SUBDIVISIONS device on the date of promulgation of initial standards and THEREOF; COMPLETE PROHIBITION UPON DISCHARGE OF regulations under this section, which device is in SEWAGE compliance with such initial standards and regulations, shall (1)(A) Except as provided in subparagraph (B), after the be deemed in compliance with this section until such time as effective date of the initial standards and regulations the device is replaced or is found not to be in compliance promulgated under this section, no State or political with such initial standards and regulations. subdivision thereof shall adopt or enforce any statute or (c) INITIAL STANDARDS; EFFECTIVE DATES; REVISION; regulation of such State or political subdivision with respect WAIVER to the design, manufacture, or installation or use of any (1)(A) Initial standards and regulations under this section marine sanitation device on any vessel subject to the shall become effective for new vessels two years after provisions of this section.
promulgation; and for existing vessels five years after (B) A State may adopt and enforce a statute or regulation promulgation. Revisions of standards and regulations shall with respect to the design, manufacture, or installation or be effective upon promulgation, unless another effective use of any marine sanitation device on a houseboat, if such date is specified, except that no revision shall take effect statute or regulation is more stringent than the standards and before the effective date of the standard or regulation being regulations promulgated under this section. For purposes of revised. this paragraph, the term houseboat means a vessel which, (B) The Administrator shall, with respect to commercial for a period of time determined by the State in which the vessels on the Great Lakes, establish standards which vessel is located, is used primarily as a residence and is not require at a minimum the equivalent of secondary treatment used primarily as a means of transportation.
as defined under section 1314(d) of this title. Such standards (2) If, after promulgation of the initial standards and and regulations shall take effect for existing vessels after regulations and prior to their effective date, a vessel is such time as the Administrator determines to be reasonable equipped with a marine sanitation device in compliance for the upgrading of marine sanitation devices to attain such with such standards and regulations and the installation and standard. operation of such device is in accordance with such (2) The Secretary of the department in which the Coast standards and regulations, such standards and regulations Guard is operating with regard to his regulatory authority shall, for the purposes of paragraph (1) of this subsection, established by this section, after consultation with the become effective with respect to such vessel on the date of Administrator, may distinguish among classes, type, and such compliance.
sizes of vessels as well as between new and existing vessels, (3) After the effective date of the initial standards and and may waive applicability of standards and regulations as regulations promulgated under this section, if any State necessary or appropriate for such classes, types, and sizes of determines that the protection and enhancement of the vessels (including existing vessels equipped with marine quality of some or all of the waters within such State require sanitation devices on the date of promulgation of the initial greater environmental protection, such State may standards required by this section), and, upon application, completely prohibit the discharge from all vessels of any for individual vessels. sewage, whether treated or not, into such waters, except that (d) VESSELS OWNED AND OPERATED BY THE UNITED no such prohibition shall apply until the Administrator STATESThe provisions of this section and the standards determines that adequate facilities for the safe and sanitary and regulations promulgated hereunder apply to vessels removal and treatment of sewage from all vessels are owned and operated by the United States unless the reasonably available for such water to which such Secretary of Defense finds that compliance would not be in prohibition would apply. Upon application of the State, the the interest of national security. With respect to vessels Administrator shall make such determination within 90 days owned and operated by the Department of Defense, of the date of such application.
regulations under the last sentence of subsection (b)(1) of (4)(A) If the Administrator determines upon application by this section and certifications under subsection (g)(2) of this a State that the protection and enhancement of the quality of section shall be promulgated and issued by the Secretary of specified waters within such State requires such a Defense. prohibition, he shall by regulation completely prohibit the (e) PRE-PROMULGATION CONSULTATIONBefore the discharge from a vessel of any sewage (whether treated or FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 not) into such waters. (h) SALE AND RESALE OF PROPERLY EQUIPPED VESSELS; (B) Upon application by a State, the Administrator shall, by OPERABILITY OF CERTIFIED MARINE SANITATION DEVICES regulation, establish a drinking water intake zone in any After the effective date of standards and regulations waters within such State and prohibit the discharge of promulgated under this section, it shall be unlawful sewage from vessels within that zone. (1) for the manufacturer of any vessel subject to such (g) SALES LIMITED TO CERTIFIED DEVICES; CERTIFICATION standards and regulations to manufacture for sale, to sell or OF TEST DEVICE; RECORDKEEPING; REPORTS offer for sale, or to distribute for sale or resale any such vessel unless it is equipped with a marine sanitation device (1) No manufacturer of a marine sanitation device shall sell, which is in all material respects substantially the same as the offer for sale, or introduce or deliver for introduction in appropriate test device certified pursuant to this section; interstate commerce, or import into the United States for sale or resale any marine sanitation device manufactured (2) for any person, prior to the sale or delivery of a vessel after the effective date of the standards and regulations subject to such standards and regulations to the ultimate promulgated under this section unless such device is in all purchaser, wrongfully to remove or render inoperative any material respects substantially the same as a test device certified marine sanitation device or element of design of certified under this subsection. such device installed in such vessel; (2) Upon application of the manufacturer, the Secretary of (3) for any person to fail or refuse to permit access to or the department in which the Coast Guard is operating shall copying of records or to fail to make reports or provide so certify a marine sanitation device if he determines, in information required under this section; and accordance with the provisions of this paragraph, that it (4) for a vessel subject to such standards and regulations to meets the appropriate standards and regulations operate on the navigable waters of the United States, if such promulgated under this section. The Secretary of the vessel is not equipped with an operable marine sanitation department in which the Coast Guard is operating shall test device certified pursuant to this section.
or require such testing of the device in accordance with (i) JURISDICTION TO RESTRAIN VIOLATIONS; CONTEMPTS procedures set forth by the Administrator as to standards of The district courts of the United States shall have performance and for such other purposes as may be jurisdictions to restrain violations of subsection (g)(1) of appropriate. If the Secretary of the department in which the this section and subsections (h)(1) through (3) of this Coast Guard is operating determines that the device is section. Actions to restrain such violations shall be brought satisfactory from the standpoint of safety and any other by, and in, the name of the United States. In case of requirements of maritime law or regulation, and after contumacy or refusal to obey a subpena served upon any consideration of the design, installation, operation, material, person under this subsection, the district court of the United or other appropriate factors, he shall certify the device. Any States for any district in which such person is found or device manufactured by such manufacturer which is in all resides or transacts business, upon application by the United material respects substantially the same as the certified test States and after notice to such person, shall have jurisdiction device shall be deemed to be in conformity with the to issue an order requiring such person to appear and give appropriate standards and regulations established under this testimony or to appear and produce documents, and any section. failure to obey such order of the court may be punished by (3) Every manufacturer shall establish and maintain such such court as a contempt thereof.
records, make such reports, and provide such information as (j) PENALTIESAny person who violates subsection (g)(1) the Administrator or the Secretary of the department in of this section, clause (1) or (2) of subsection (h) of this which the Coast Guard is operating may reasonably require section, or subsection (n)(8) of this section shall be liable to to enable him to determine whether such manufacturer has a civil penalty of not more than $5,000 for each violation.
acted or is acting in compliance with this section and Any person who violates clause (4) of subsection (h) of this regulations issued thereunder and shall, upon request of an section or any regulation issued pursuant to this section officer or employee duly designated by the Administrator or shall be liable to a civil penalty of not more than $2,000 for the Secretary of the department in which the Coast Guard is each violation. Each violation shall be a separate offense.
operating, permit such officer or employee at reasonable The Secretary of the department in which the Coast Guard is times to have access to and copy such records. All operating may assess and compromise any such penalty. No information reported to or otherwise obtained by the penalty shall be assessed until the person charged shall have Administrator or the Secretary of the department in which been given notice and an opportunity for a hearing on such the Coast Guard is operating or their representatives charge. In determining the amount of the penalty, or the pursuant to this subsection which contains or relates to a amount agreed upon in compromise, the gravity of the trade secret or other matter referred to in section 1905 of violation, and the demonstrated good faith of the person Title 18 shall be considered confidential for the purpose of charged in attempting to achieve rapid compliance, after that section, except that such information may be disclosed notification of a violation, shall be considered by said to other officers or employees concerned with carrying out Secretary.
this section. This paragraph shall not apply in the case of the (k) ENFORCEMENT AUTHORITYThe provisions of this construction of a vessel by an individual for his own use.
section shall be enforced by the Secretary of the department FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 in which the Coast Guard is operating and he may utilize by (ii) the environmental effects of the discharge; agreement, with or without reimbursement, law enforcement (iii) the practicability of using the marine pollution control officers or other personnel and facilities of the device; Administrator, other Federal agencies, or the States to carry (iv) the effect that installation or use of the marine pollution out the provisions of this section. The provisions of this control device would have on the operation or operational section may also be enforced by a State.
capability of the vessel; (l) BOARDING AND INSPECTION OF VESSELS; EXECUTION OF (v) applicable United States law; WARRANTS AND OTHER PROCESSAnyone authorized by the Secretary of the department in which the Coast Guard is (vi) applicable international standards; and operating to enforce the provisions of this section may, (vii) the economic costs of the installation and use of the except as to public vessels, (1) board and inspect any vessel marine pollution control device.
upon the navigable waters of the United States and (2) (3) PERFORMANCE STANDARDS FOR MARINE POLLUTION execute any warrant or other process issued by an officer or CONTROL DEVICES court of competent jurisdiction.
(A) IN GENERALFor each discharge for which a marine (m) ENFORCEMENT IN UNITED STATES POSSESSIONSIn the pollution control device is determined to be required under case of Guam and the Trust Territory of the Pacific Islands, paragraph (2), the Administrator and the Secretary of actions arising under this section may be brought in the Defense, in consultation with the Secretary of the district court of Guam, and in the case of the Virgin Islands department in which the Coast Guard is operating, the such actions may be brought in the district court of the Secretary of State, the Secretary of Commerce, other Virgin Islands. In the case of American Samoa and the Trust interested Federal agencies, and interested States, shall Territory of the Pacific Islands, such actions may be brought jointly promulgate Federal standards of performance for in the District Court of the United States for the District of each marine pollution control device required with respect Hawaii and such court shall have jurisdiction of such to the discharge. Notwithstanding subsection (a)(1) of actions. In the case of the Canal Zone, such actions may be section 553 of Title 5, the Administrator and the Secretary brought in the District Court for the District of the Canal of Defense shall promulgate the standards in accordance Zone. with such section.
(n) UNIFORM NATIONAL DISCHARGE STANDARDS FOR (B) CONSIDERATIONSIn promulgating standards under VESSELS OF ARMED FORCES this paragraph, the Administrator and the Secretary of (1) APPLICABILITYThis subsection shall apply to vessels Defense shall take into consideration the matters set forth in of the Armed Forces and discharges, other than sewage, paragraph (2)(B).
incidental to the normal operation of a vessel of the Armed (C) CLASSES, TYPES, AND SIZES OF VESSELSThe standards Forces, unless the Secretary of Defense finds that promulgated under this paragraph may compliance with this subsection would not be in the national (i) distinguish among classes, types, and sizes of vessels; security interests of the United States.
(2) DETERMINATION OF DISCHARGES REQUIRED TO BE (ii) distinguish between new and existing vessels; and CONTROLLED BY MARINE POLLUTION CONTROL DEVICES (iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or (A) IN GENERALThe Administrator and the Secretary of Defense, after consultation with the Secretary of the size of vessel.
department in which the Coast Guard is operating, the (4) REGULATIONS FOR USE OF MARINE POLLUTION CONTROL Secretary of Commerce, and interested States, shall jointly DEVICESThe Secretary of Defense, after consultation with determine the discharges incidental to the normal operation the Administrator and the Secretary of the department in of a vessel of the Armed Forces for which it is reasonable which the Coast Guard is operating, shall promulgate such and practicable to require use of a marine pollution control regulations governing the design, construction, installation, device to mitigate adverse impacts on the marine and use of marine pollution control devices on board vessels environment. Notwithstanding subsection (a)(1) of section of the Armed Forces as are necessary to achieve the 553 of Title 5, the Administrator and the Secretary of standards promulgated under paragraph (3).
Defense shall promulgate the determinations in accordance (5) DEADLINES; EFFECTIVE DATE with such section. The Secretary of Defense shall require (A) DETERMINATIONSThe Administrator and the the use of a marine pollution control device on board a Secretary of Defense shall vessel of the Armed Forces in any case in which it is determined that the use of such a device is reasonable and (i) make the initial determinations under paragraph (2) not practicable. later than 2 years after February 10, 1996; and (B) CONSIDERATIONSIn making a determination under (ii) every 5 years subparagraph (A), the Administrator and the Secretary of (I) review the determinations; and Defense shall take into consideration (II) if necessary, revise the determinations based on (i) the nature of the discharge; significant new information.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (B) STANDARDSThe Administrator and the Secretary of (A) STATE PROHIBITION Defense shall (i) IN GENERALAfter the effective date of (i) promulgate standards of performance for a marine (I) a determination under paragraph (2) that it is not pollution control device under paragraph (3) not later than 2 reasonable and practicable to require use of a marine years after the date of a determination under paragraph (2) pollution control device regarding a particular discharge that the marine pollution control device is required; and incidental to the normal operation of a vessel of the Armed (ii) every 5 years Forces; or (I) review the standards; and (II) regulations promulgated by the Secretary of Defense (II) if necessary, revise the standards, consistent with under paragraph (4);
paragraph (3)(B) and based on significant new information. if a State determines that the protection and enhancement of (C) REGULATIONSThe Secretary of Defense shall the quality of some or all of the waters within the State promulgate regulations with respect to a marine pollution require greater environmental protection, the State may control device under paragraph (4) as soon as practicable prohibit 1 or more discharges incidental to the normal after the Administrator and the Secretary of Defense operation of a vessel, whether treated or not treated, into the promulgate standards with respect to the device under waters. No prohibition shall apply until the Administrator paragraph (3), but not later than 1 year after the makes the determinations described in subclauses (II) and Administrator and the Secretary of Defense promulgate the (III) of subparagraph (B)(i).
standards. The regulations promulgated by the Secretary of (ii) DOCUMENTATIONTo the extent that a prohibition Defense under paragraph (4) shall become effective upon under this paragraph would apply to vessels of the Armed promulgation unless another effective date is specified in Forces and not to other types of vessels, the State shall the regulations. document the technical or environmental basis for the (D) PETITION FOR REVIEWThe Governor of any State may distinction.
submit a petition requesting that the Secretary of Defense (B) PROHIBITION BY THE ADMINISTRATOR and the Administrator review a determination under (i) IN GENERALUpon application of a State, the paragraph (2) or a standard under paragraph (3), if there is Administrator shall by regulation prohibit the discharge significant new information, not considered previously, that from a vessel of 1 or more discharges incidental to the could reasonably result in a change to the particular normal operation of a vessel, whether treated or not treated, determination or standard after consideration of the matters into the waters covered by the application if the set forth in paragraph (2)(B). The petition shall be Administrator determines that accompanied by the scientific and technical information on (I) the protection and enhancement of the quality of the which the petition is based. The Administrator and the specified waters within the State require a prohibition of the Secretary of Defense shall grant or deny the petition not discharge into the waters; later than 2 years after the date of receipt of the petition.
(II) adequate facilities for the safe and sanitary removal of (6) EFFECT ON OTHER LAWS the discharge incidental to the normal operation of a vessel (A) PROHIBITION ON REGULATION BY STATES OR POLITICAL are reasonably available for the waters to which the SUBDIVISIONS OF STATESBeginning on the effective date prohibition would apply; and of (III) the prohibition will not have the effect of (i) a determination under paragraph (2) that it is not discriminating against a vessel of the Armed Forces by reasonable and practicable to require use of a marine reason of the ownership or operation by the Federal pollution control device regarding a particular discharge Government, or the military function, of the vessel.
incidental to the normal operation of a vessel of the Armed (ii) APPROVAL OR DISAPPROVALThe Administrator shall Forces; or approve or disapprove an application submitted under clause (ii) regulations promulgated by the Secretary of Defense (i) not later than 90 days after the date on which the under paragraph (4); application is submitted to the Administrator.
except as provided in paragraph (7), neither a State nor a Notwithstanding clause (i)(II), the Administrator shall not political subdivision of a State may adopt or enforce any disapprove an application for the sole reason that there are statute or regulation of the State or political subdivision not adequate facilities to remove any discharge incidental to with respect to the discharge or the design, construction, the normal operation of a vessel from vessels of the Armed installation, or use of any marine pollution control device Forces.
required to control discharges from a vessel of the Armed (C) APPLICABILITY TO FOREIGN FLAGGED VESSELSA Forces. prohibition under this paragraph (B) FEDERAL LAWSThis subsection shall not affect the (i) shall not impose any design, construction, manning, or application of section 1321 of this title to discharges equipment standard on a foreign flagged vessel engaged in incidental to the normal operation of a vessel. innocent passage unless the prohibition implements a (7) ESTABLISHMENT OF STATE NO-DISCHARGE ZONES generally accepted international rule or standard; and FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (ii) that relates to the prevention, reduction, and control of (iv) the effect that the use of a management practice would pollution shall not apply to a foreign flagged vessel engaged have on the operation, operational capability, or safety of in transit passage unless the prohibition implements an the vessel; applicable international regulation regarding the discharge (v) applicable Federal and State law; of oil, oily waste, or any other noxious substance into the (vi) applicable international standards; and waters.
(vii) the economic costs of the use of the management (8) PROHIBITION RELATING TO VESSELS OF THE ARMED practice.
FORCESAfter the effective date of the regulations promulgated by the Secretary of Defense under paragraph (C) TIMINGThe Administrator shall (4), it shall be unlawful for any vessel of the Armed Forces (i) make the initial determinations under subparagraph (A) subject to the regulations to not later than 1 year after the date of enactment of this (A) operate in the navigable waters of the United States or subsection; and the waters of the contiguous zone, if the vessel is not (ii) every 5 years thereafter equipped with any required marine pollution control device (I) review the determinations; and meeting standards established under this subsection; or (II) if necessary, revise the determinations based on any new (B) discharge overboard any discharge incidental to the information available to the Administrator.
normal operation of a vessel in waters with respect to which a prohibition on the discharge has been established under (3) PERFORMANCE STANDARDS FOR MANAGEMENT PRACTICES paragraph (7).
(A) IN GENERALFor each discharge for which a (9) ENFORCEMENTThis subsection shall be enforceable, as provided in subsections (j) and (k) of this section, against management practice is developed under paragraph (2), the any agency of the United States responsible for vessels of Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the the Armed Forces notwithstanding any immunity asserted by the agency. Secretary of Commerce, other interested Federal agencies, and interested States, shall promulgate, in accordance with (o) MANAGEMENT PRACTICES FOR RECREATIONAL section 553 of title 5, United States Code, Federal standards VESSELS of performance for each management practice required with (1) APPLICABILITYThis subsection applies to any respect to the discharge.
discharge, other than a discharge of sewage, from a (B) CONSIDERATIONSIn promulgating standards under recreational vessel that is this paragraph, the Administrator shall take into account the (A) incidental to the normal operation of the vessel; and considerations described in paragraph (2)(B).
(B) exempt from permitting requirements under section (C) CLASSES, TYPES, AND SIZES OF VESSELSThe standards 402(r). promulgated under this paragraph may (2) DETERMINATION OF DISCHARGES SUBJECT TO (i) distinguish among classes, types, and sizes of vessels; MANAGEMENT PRACTICES (ii) distinguish between new and existing vessels; and (A) DETERMINATION (iii) provide for a waiver of the applicability of the standards (i) IN GENERALThe Administrator, in consultation with as necessary or appropriate to a particular class, type, age, or the Secretary of the department in which the Coast Guard is size of vessel.
operating, the Secretary of Commerce, and interested States, (D) TIMINGThe Administrator shall shall determine the discharges incidental to the normal (i) promulgate standards of performance for a management operation of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate practice under subparagraph (A) not later than 1 year after adverse impacts on the waters of the United States. the date of a determination under paragraph (2) that the management practice is reasonable and practicable; and (ii) PROMULGATIONThe Administrator shall promulgate the determinations under clause (i) in accordance with (ii) every 5 years thereafter section 553 of title 5, United States Code. (I) review the standards; and (iii) MANAGEMENT PRACTICESThe Administrator shall (II) if necessary, revise the standards, in accordance with develop management practices for recreational vessels in subparagraph (B) and based on any new information any case in which the Administrator determines that the use available to the Administrator.
of those practices is reasonable and practicable. (4) REGULATIONS FOR THE USE OF MANAGEMENT (B) CONSIDERATIONSIn making a determination under PRACTICES subparagraph (A), the Administrator shall consider (A) IN GENERALThe Secretary of the department in which (i) the nature of the discharge; the Coast Guard is operating shall promulgate such (ii) the environmental effects of the discharge; regulations governing the design, construction, installation, and use of management practices for recreational vessels as (iii) the practicability of using a management practice; are necessary to meet the standards of performance FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 promulgated under paragraph (3). prevent any department, agency, or instrumentality of the (B) REGULATIONS Federal Government, or any officer, agent, or employee thereof in the performance of his official duties, from (i) IN GENERALThe Secretary shall promulgate the removing to the appropriate Federal district court any regulations under this paragraph as soon as practicable after proceeding to which the department, agency, or the Administrator promulgates standards with respect to the instrumentality or officer, agent, or employee thereof is practice under paragraph (3), but not later than 1 year after subject pursuant to this section, and any such proceeding the date on which the Administrator promulgates the may be removed in accordance with section 1441 et seq. of standards.
Title 28. No officer, agent, or employee of the United States (ii) EFFECTIVE DATEThe regulations promulgated by the shall be personally liable for any civil penalty arising from Secretary under this paragraph shall be effective upon the performance of his official duties, for which he is not promulgation unless another effective date is specified in otherwise liable, and the United States shall be liable only the regulations. for those civil penalties arising under Federal law or (iii) CONSIDERATION OF TIMEIn determining the effective imposed by a State or local court to enforce an order or the date of a regulation promulgated under this paragraph, the process of such court. The President may exempt any Secretary shall consider the period of time necessary to effluent source of any department, agency, or communicate the existence of the regulation to persons instrumentality in the executive branch from compliance affected by the regulation. with any such a requirement if he determines it to be in the (5) EFFECT OF OTHER LAWSThis subsection shall not paramount interest of the United States to do so; except that affect the application of section 311 to discharges incidental no exemption may be granted from the requirements of to the normal operation of a recreational vessel. section 1316 or 1317 of this title. No such exemptions shall be granted due to lack of appropriation unless the President (6) PROHIBITION RELATING TO RECREATIONAL VESSELS shall have specifically requested such appropriation as a part After the effective date of the regulations promulgated by of the budgetary process and the Congress shall have failed the Secretary of the department in which the Coast Guard is to make available such requested appropriation. Any operating under paragraph (4), the owner or operator of a exemption shall be for a period not in excess of one year, recreational vessel shall neither operate in nor discharge any but additional exemptions may be granted for periods of not discharge incidental to the normal operation of the vessel to exceed one year upon the Presidents making a new into, the waters of the United States or the waters of the determination. The President shall report each January to the contiguous zone, if the owner or operator of the vessel is not Congress all exemptions from the requirements of this using any applicable management practice meeting section granted during the preceding calendar year, together standards established under this subsection. with his reason for granting such exemption. In addition to any such exemption of a particular effluent source, the SEC. 313. [33 U.S.C. 1323] FEDERAL FACILITIES President may, if he determines it to be in the paramount POLLUTION CONTROL interest of the United States to do so, issue regulations (a) Each department, agency, or instrumentality of the exempting from compliance with the requirements of this executive, legislative, and judicial branches of the Federal section any weaponry, equipment, aircraft, vessels, vehicles, Government (1) having jurisdiction over any property or or other classes or categories of property, and access to such facility, or (2) engaged in any activity resulting, or which property, which are owned or operated by the Armed Forces may result, in the discharge or runoff of pollutants, and each of the United States (including the Coast Guard) or by the officer, agent, or employee thereof in the performance of his National Guard of any State and which are uniquely military official duties, shall be subject to, and comply with, all in nature. The President shall reconsider the need for such Federal, State, interstate, and local requirements, regulations at three-year intervals.
administrative authority, and process and sanctions (b)(1) The Administrator shall coordinate with the head of respecting the control and abatement of water pollution in each department, agency, or instrumentality of the Federal the same manner, and to the same extent as any Government having jurisdiction over any property or facility nongovernmental entity including the payment of utilizing federally owned wastewater facilities to develop a reasonable service charges. The preceding sentence shall program of cooperation for utilizing wastewater control apply (A) to any requirement whether substantive or systems utilizing those innovative treatment processes and procedural (including any recordkeeping or reporting techniques for which guidelines have been promulgated requirement, any requirement respecting permits and any under section 1314(d)(3) of this title. Such program shall other requirement, whatsoever), (B) to the exercise of any include an inventory of property and facilities which could Federal, State, or local administrative authority, and (C) to utilize such processes and techniques.
any process and sanction, whether enforced in Federal, (2) Construction shall not be initiated for facilities for State, or local courts or in any other manner. This treatment of wastewater at any Federal property or facility subsection shall apply notwithstanding any immunity of after September 30, 1979, if alternative methods for such agencies, officers, agents, or employees under any law wastewater treatment at such property or facility utilizing or rule of law. Nothing in this section shall be construed to innovative treatment processes and techniques, including FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 but not limited to methods utilizing recycle and reuse status of water quality in lakes in the United States, techniques and land treatment are not utilized, unless the life including the effectiveness of the methods and procedures cycle cost of the alternative treatment works exceeds the life described in paragraph (1)(D).
cycle cost of the most cost effective alternative by more (4) ELIGIBILITY REQUIREMENTBeginning after April 1, than 15 per centum. The Administrator may waive the 1988, a State must have submitted the information required application of this paragraph in any case where the under paragraph (1) in order to receive grant assistance Administrator determines it to be in the public interest, or under this section.
that compliance with this paragraph would interfere with the (b) FINANCIAL ASSISTANCE TO STATESThe Administrator orderly compliance with conditions of a permit issued shall provide financial assistance to States in order to carry pursuant to section 1342 of this title.
out methods and procedures approved by him under subsection (a) of this section. The Administrator shall SEC. 314. [33 U.S.C. 1324] CLEAN LAKES provide financial assistance to States to prepare the (a) ESTABLISHMENT AND SCOPE OF PROGRAM identification and classification surveys required in subsection (a)(1) of this section.
(1) STATE PROGRAM REQUIREMENTSEach State on a biennial basis shall prepare and submit to the Administrator (c) MAXIMUM AMOUNT OF GRANT; AUTHORIZATION OF for his approval APPROPRIATIONS (A) an identification and classification according to (1) The amount granted to any State for any fiscal year eutrophic condition of all publicly owned lakes in such under subsection (b) of this section shall not exceed 70 per State; centum of the funds expended by such State in such year for carrying out approved methods and procedures under (B) a description of procedures, processes, and methods subsection (a) of this section.
(including land use requirements), to control sources of pollution of such lakes; (2) There is authorized to be appropriated $50,000,000 for each of fiscal years 2001 through 2005 for grants to States (C) a description of methods and procedures, in conjunction under subsection (b) of this section which such sums shall with appropriate Federal agencies, to restore the quality of remain available until expended. The Administrator shall such lakes; provide for an equitable distribution of such sums to the (D) methods and procedures to mitigate the harmful effects States with approved methods and procedures under of high acidity, including innovative methods of subsection (a) of this section.
neutralizing and restoring buffering capacity of lakes and (d) DEMONSTRATION PROGRAM methods of removing from lakes toxic metals and other toxic substances mobilized by high acidity; (1) GENERAL REQUIREMENTSThe Administrator is authorized and directed to establish and conduct at locations (E) a list and description of those publicly owned lakes in throughout the Nation a lake water quality demonstration such State for which uses are known to be impaired, program. The program shall, at a minimum including those lakes which are known not to meet applicable water quality standards or which require (A) develop cost effective technologies for the control of implementation of control programs to maintain compliance pollutants to preserve or enhance lake water quality while with applicable standards and those lakes in which water optimizing multiple lakes uses; quality has deteriorated as a result of high acidity that may (B) control nonpoint sources of pollution which are reasonably be due to acid deposition; and contributing to the degradation of water quality in lakes; (F) an assessment of the status and trends of water quality in (C) evaluate the feasibility of implementing regional lakes in such State, including but not limited to, the nature consolidated pollution control strategies; and extent of pollution loading from point and nonpoint (D) demonstrate environmentally preferred techniques for sources and the extent to which the use of lakes is impaired the removal and disposal of contaminated lake sediments; as a result of such pollution, particularly with respect to (E) develop improved methods for the removal of silt, toxic pollution.
stumps, aquatic growth, and other obstructions which impair (2) SUBMISSION AS PART OF 1315(B)(1) REPORTThe the quality of lakes; information required under paragraph (1) shall be included (F) construct and evaluate silt traps and other devices or in the report required under section 1315(b)(1) of this title, equipment to prevent or abate the deposit of sediment in beginning with the report required under such section by lakes; and April 1, 1988.
(G) demonstrate the costs and benefits of utilizing dredged (3) REPORT OF ADMINISTRATORNot later than 180 days material from lakes in the reclamation of despoiled land.
after receipt from the States of the biennial information required under paragraph (1), the Administrator shall submit (2) GEOGRAPHICAL REQUIREMENTSDemonstration to the Committee on Public Works and Transportation of projects authorized by this subsection shall be undertaken to the House of Representatives and the Committee on reflect a variety of geographical and environmental Environment and Public Works of the Senate a report on the conditions. As a priority, the Administrator shall undertake demonstration projects at Lake Champlain, New York and FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 Vermont; Lake Houston, Texas; Beaver Lake, Arkansas; investigation and study of all of the technological aspects of Greenwood Lake and Belcher Creek, New Jersey; Deal achieving, and all aspects of the total economic, social, and Lake, New Jersey; Alcyon Lake, New Jersey; Gortons environmental effects of achieving or not achieving, the Pond, Rhode Island; Lake Washington, Rhode Island; Lake effluent limitations and goals set forth for 1983 in section Bomoseen, Vermont; Sauk Lake, Minnesota; Otsego Lake, 1311(b)(2) of this title.
New York; Oneida Lake, New York; Raystown Lake, (b) MEMBERSHIP; CHAIRMANSuch Commission shall be Pennsylvania; Swan Lake, Itasca County, Minnesota; composed of fifteen members, including five members of Walker Lake, Nevada; Lake Tahoe, California and Nevada; the Senate, who are members of the Environment and Public Ten Mile Lakes, Oregon; Woahink Lake, Oregon; Highland Works committee, appointed by the President of the Senate, Lake, Connecticut; Lily Lake, New Jersey; Strawbridge five members of the House, who are members of the Public Lake, New Jersey; Baboosic Lake, New Hampshire; French Works and Transportation committee, appointed by the Pond, New Hampshire; Dillon Reservoir, Ohio; Speaker of the House, and five members of the public Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake appointed by the President. The Chairman of such George, New York; Lake Wallenpaupack, Pennsylvania; Commission shall be elected from among its members.
Lake Allatoona, Georgia; and Lake Worth, Texas.
(c) CONTRACT AUTHORITYIn the conduct of such study, (3) REPORTSNotwithstanding section 3003 of the Federal the Commission is authorized to contract with the National Reports Elimination and Sunset Act of 1995 (31 U .S.C. Academy of Sciences and the National Academy of 1113 note; 109 Stat. 734-736), by January 1, 1997, and Engineering (acting through the National Research January 1 of every odd-numbered year thereafter, the Council), the National Institute of Ecology, Brookings Administrator shall report to the Committee on Institution, and other nongovernmental entities, for the Transportation and Infrastructure of the House of investigation of matters within their competence.
Representatives and the Committee on Environment and (d) COOPERATION OF DEPARTMENTS, AGENCIES, AND Public Works of the Senate on work undertaken pursuant to INSTRUMENTALITIES OF EXECUTIVE BRANCHThe heads of this subsection. Upon completion of the program authorized the departments, agencies and instrumentalities of the by this subsection, the Administrator shall submit to such executive branch of the Federal Government shall cooperate committees a final report on the results of such program, with the Commission in carrying out the requirements of along with recommendations for further measures to this section, and shall furnish to the Commission such improve the water quality of the Nations lakes.
information as the Commission deems necessary to carry (4) AUTHORIZATION OF APPROPRIATIONS out this section.
(A) IN GENERALThere is authorized to be appropriated to (e) REPORT TO CONGRESSA report shall be submitted to carry out this subsection not to exceed $40,000,000 for the Congress of the results of such investigation and study, fiscal years beginning after September 30, 1986, to remain together with recommendations, not later than three years available until expended. after October 18, 1972.
(B) SPECIAL AUTHORIZATIONS (f) COMPENSATION AND ALLOWANCESThe members of (i) AMOUNTThere is authorized to be appropriated to the Commission who are not officers or employees of the carry out subsection (b) of this section with respect to United States, while attending conferences or meetings of subsection (a)(1)(D) of this section not to exceed the Commission or while otherwise serving at the request of
$25,000,000 for fiscal years beginning after September 30, the Chairman shall be entitled to receive compensation at a 1986, to remain available until expended. rate not in excess of the maximum rate of pay for Grade GS-(ii) DISTRIBUTION OF FUNDSThe Administrator shall 18, as provided in the General Schedule under section 5332 provide for an equitable distribution of sums appropriated of Title 5, including traveltime and while away from their pursuant to this subparagraph among States carrying out homes or regular places of business they may be allowed approved methods and procedures. Such distribution shall travel expenses, including per diem in lieu of subsistence as be based on the relative needs of each such State for the authorized by law for persons in the Government service mitigation of the harmful effects on lakes and other surface employed intermittently.
waters of high acidity that may reasonably be due to acid (g) APPOINTMENT OF PERSONNELIn addition to authority deposition or acid mine drainage. to appoint personnel subject to the provisions of Title 5 (iii) GRANTS AS ADDITIONAL ASSISTANCEThe amount of governing appointments in the competitive service, and to any grant to a State under this subparagraph shall be in pay such personnel in accordance with the provisions of addition to, and not in lieu of, any other Federal financial chapter 51 and subchapter III of chapter 53 of such title assistance. relating to classification and General Schedule pay rates, the Commission shall have authority to enter into contracts with private or public organizations who shall furnish the SEC. 315. [33 U.S.C. 1325] NATIONAL STUDY Commission with such administrative and technical COMMISSION personnel as may be necessary to carry out the purpose of (a) ESTABLISHMENTThere is established a National Study this section. Personnel furnished by such organizations Commission, which shall make a full and complete under this subsection are not, and shall not be considered to FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 be, Federal employees for any purposes, but in the SEC. 317. [33 U.S.C. 1327] FINANCING STUDY performance of their duties shall be guided by the standards [Omitted.]
which apply to employees of the legislative branches under rules 41 and 43 of the Senate and House of Representatives, respectively. SEC. 318. [33 U.S.C. 1328] AQUACULTURE (a) AUTHORITY TO PERMIT DISCHARGE OF SPECIFIC (h) AUTHORIZATION OF APPROPRIATIONThere is POLLUTANTSThe Administrator is authorized, after public authorized to be appropriated, for use in carrying out this hearings, to permit the discharge of a specific pollutant or section, not to exceed $17,250,000.
pollutants under controlled conditions associated with an approved aquaculture project under Federal or State SEC. 316. [33 U.S.C. 1326] THERMAL DISCHARGES supervision pursuant to section 1342 of this title.
(a) EFFLUENT LIMITATIONS THAT WILL ASSURE PROTECTION (b) PROCEDURES AND GUIDELINESThe Administrator shall AND PROPAGATION OF BALANCED, INDIGENOUS POPULATION by regulation establish any procedures and guidelines which OF SHELLFISH, FISH, AND WILDLIFEWith respect to any the Administrator deems necessary to carry out this section.
point source otherwise subject to the provisions of section Such regulations shall require the application to such 1311 of this title or section 1316 of this title, whenever the discharge of each criterion, factor, procedure, and owner or operator of any such source, after opportunity for requirement applicable to a permit issued under section public hearing, can demonstrate to the satisfaction of the 1342 of this title, as the Administrator determines necessary Administrator (or, if appropriate, the State) that any effluent to carry out the objective of this chapter.
limitation proposed for the control of the thermal (c) STATE ADMINISTRATIONEach State desiring to component of any discharge from such source will require administer its own permit program within its jurisdiction for effluent limitations more stringent than necessary to assure discharge of a specific pollutant or pollutants under the projection and propagation of a balanced, indigenous controlled conditions associated with an approved population of shellfish, fish, and wildlife in and on the body aquaculture project may do so if upon submission of such of water into which the discharge is to be made, the program the Administrator determines such program is Administrator (or, if appropriate, the State) may impose an adequate to carry out the objective of this chapter.
effluent limitation under such sections for such plant, with respect to the thermal component of such discharge (taking into account the interaction of such thermal component with SEC. 319. [33 U.S.C. 1329] NONPOINT SOURCE other pollutants), that will assure the protection and MANAGEMENT PROGRAMS propagation of a balanced, indigenous population of (a) STATE ASSESSMENT REPORTS shellfish, fish, and wildlife in and on that body of water. (1) CONTENTSThe Governor of each State shall, after (b) COOLING WATER INTAKE STRUCTURESAny standard notice and opportunity for public comment, prepare and established pursuant to section 1311 of this title or section submit to the Administrator for approval, a report which 1316 of this title and applicable to a point source shall (A) identifies those navigable waters within the State which, require that the location, design, construction, and capacity without additional action to control nonpoint sources of of cooling water intake structures reflect the best technology pollution, cannot reasonably be expected to attain or available for minimizing adverse environmental impact. maintain applicable water quality standards or the goals and (c) PERIOD OF PROTECTION FROM MORE STRINGENT requirements of this chapter; EFFLUENT LIMITATIONS FOLLOWING DISCHARGE POINT (B) identifies those categories and subcategories of nonpoint SOURCE MODIFICATION COMMENCED AFTER OCTOBER 18, sources or, where appropriate, particular nonpoint sources 1972Notwithstanding any other provision of this chapter, which add significant pollution to each portion of the any point source of a discharge having a thermal navigable waters identified under subparagraph (A) in component, the modification of which point source is amounts which contribute to such portion not meeting such commenced after October 18, 1972, and which, as modified, water quality standards or such goals and requirements; meets effluent limitations established under section 1311 of (C) describes the process, including intergovernmental this title or, if more stringent, effluent limitations established under section 1313 of this title and which coordination and public participation, for identifying best effluent limitations will assure protection and propagation of management practices and measures to control each category and subcategory of nonpoint sources and, where a balanced, indigenous population of shellfish, fish, and wildlife in or on the water into which the discharge is made, appropriate, particular nonpoint sources identified under shall not be subject to any more stringent effluent limitation subparagraph (B) and to reduce, to the maximum extent with respect to the thermal component of its discharge practicable, the level of pollution resulting from such during a ten year period beginning on the date of completion category, subcategory, or source; and of such modification or during the period of depreciation or (D) identifies and describes State and local programs for amortization of such facility for the purpose of section 167 controlling pollution added from nonpoint sources to, and or 169 (or both) of Title 26, whichever period ends first. improving the quality of, each such portion of the navigable waters, including but not limited to those programs which FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 are receiving Federal assistance under subsections (h) and (other than assistance provided under subsections (h) and (i)
(i) of this section. of this section) which will be available in each of such fiscal (2) INFORMATION USED IN PREPARATIONIn developing the years for supporting implementation of such practices and report required by this section, the State (A) may rely upon measures and the purposes for which such assistance will be information developed pursuant to sections 1288, 1313(e), used in each of such fiscal years.
1314(f), 1315(b), and 1324 of this title, and other (F) An identification of Federal financial assistance information as appropriate, and (B) may utilize appropriate programs and Federal development projects for which the elements of the waste treatment management plans State will review individual assistance applications or developed pursuant to sections 1288(b) and 1313 of this development projects for their effect on water quality title, to the extent such elements are consistent with and pursuant to the procedures set forth in Executive Order fulfill the requirements of this section. 12372 as in effect on September 17, 1983, to determine (b) STATE MANAGEMENT PROGRAMS whether such assistance applications or development projects would be consistent with the program prepared (1) IN GENERALThe Governor of each State, for that State under this subsection; for the purposes of this subparagraph, or in combination with adjacent States, shall, after notice identification shall not be limited to the assistance programs and opportunity for public comment, prepare and submit to or development projects subject to Executive Order 12372 the Administrator for approval a management program but may include any programs listed in the most recent which such State proposes to implement in the first four Catalog of Federal Domestic Assistance which may have an fiscal years beginning after the date of submission of such effect on the purposes and objectives of the States nonpoint management program for controlling pollution added from source pollution management program.
nonpoint sources to the navigable waters within the State and improving the quality of such waters. (3) UTILIZATION OF LOCAL AND PRIVATE EXPERTSIn developing and implementing a management program under (2) SPECIFIC CONTENTSEach management program this subsection, a State shall, to the maximum extent proposed for implementation under this subsection shall practicable, involve local public and private agencies and include each of the following:
organizations which have expertise in control of nonpoint (A) An identification of the best management practices and sources of pollution.
measures which will be undertaken to reduce pollutant (4) DEVELOPMENT ON WATERSHED BASISA State shall, to loadings resulting from each category, subcategory, or the maximum extent practicable, develop and implement a particular nonpoint source designated under paragraph management program under this subsection on a watershed-(1)(B), taking into account the impact of the practice on by-watershed basis within such State.
ground water quality.
(c) ADMINISTRATIVE PROVISIONS (B) An identification of programs (including, as appropriate, nonregulatory or regulatory programs for enforcement, (1) COOPERATION REQUIREMENTAny report required by technical assistance, financial assistance, education, subsection (a) of this section and any management program training, technology transfer, and demonstration projects) to and report required by subsection (b) of this section shall be achieve implementation of the best management practices developed in cooperation with local, substate regional, and by the categories, subcategories, and particular nonpoint interstate entities which are actively planning for the sources designated under subparagraph (A). implementation of nonpoint source pollution controls and have either been certified by the Administrator in (C) A schedule containing annual milestones for (i) accordance with section 1288 of this title, have worked utilization of the program implementation methods jointly with the State on water quality management planning identified in subparagraph (B), and (ii) implementation of under section 1285(j) of this title, or have been designated the best management practices identified in subparagraph by the State legislative body or Governor as water quality (A) by the categories, subcategories, or particular nonpoint management planning agencies for their geographic areas.
sources designated under paragraph (1)(B). Such schedule shall provide for utilization of the best management (2) TIME PERIOD FOR SUBMISSION OF REPORTS AND practices at the earliest practicable date. MANAGEMENT PROGRAMSEach report and management program shall be submitted to the Administrator during the (D) A certification of the attorney general of the State or 18-month period beginning on February 4, 1987.
States (or the chief attorney of any State water pollution control agency which has independent legal counsel) that (d) APPROVAL OR DISAPPROVAL OF REPORTS AND the laws of the State or States, as the case may be, provide MANAGEMENT PROGRAMS adequate authority to implement such management program (1) DEADLINESubject to paragraph (2), not later than 180 or, if there is not such adequate authority, a list of such days after the date of submission to the Administrator of any additional authorities as will be necessary to implement report or management program under this section (other such management program. A schedule and commitment by than subsections (h), (i), and (k) of this section), the the State or States to seek such additional authorities as Administrator shall either approve or disapprove such report expeditiously as practicable. or management program, as the case may be. The (E) Sources of Federal and other assistance and funding Administrator may approve a portion of a management FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 program under this subsection. If the Administrator does not Administrator for approval. If the Administrator approves disapprove a report, management program, or portion of a such management program, such agency or organization management program in such 180-day period, such report, shall be eligible to receive financial assistance under management program, or portion shall be deemed approved subsection (h) of this section for implementation of such for purposes of this section. management program as if such agency or organization (2) PROCEDURE FOR DISAPPROVALIf, after notice and were a State for which a report submitted under subsection opportunity for public comment and consultation with (a) of this section and a management program submitted appropriate Federal and State agencies and other interested under subsection (b) of this section were approved under persons, the Administrator determines that this section. Such financial assistance shall be subject to the same terms and conditions as assistance provided to a State (A) the proposed management program or any portion under subsection (h) of this section.
thereof does not meet the requirements of subsection (b)(2) of this section or is not likely to satisfy, in whole or in part, (f) TECHNICAL ASSISTANCE FOR STATESUpon request of a the goals and requirements of this chapter; State, the Administrator may provide technical assistance to such State in developing a management program approved (B) adequate authority does not exist, or adequate resources under subsection (b) of this section for those portions of the are not available, to implement such program or portion; navigable waters requested by such State.
(C) the schedule for implementing such program or portion (g) INTERSTATE MANAGEMENT CONFERENCE is not sufficiently expeditious; or (1) CONVENING OF CONFERENCE; NOTIFICATION; PURPOSE (D) the practices and measures proposed in such program or If any portion of the navigable waters in any State which is portion are not adequate to reduce the level of pollution in implementing a management program approved under this navigable waters in the State resulting from nonpoint section is not meeting applicable water quality standards or sources and to improve the quality of navigable waters in the goals and requirements of this chapter as a result, in the State; whole or in part, of pollution from nonpoint sources in the Administrator shall within 6 months of the receipt of the another State, such State may petition the Administrator to proposed program notify the State of any revisions or convene, and the Administrator shall convene, a modifications necessary to obtain approval. The State shall management conference of all States which contribute thereupon have an additional 3 months to submit its revised significant pollution resulting from nonpoint sources to such management program and the Administrator shall approve portion. If, on the basis of information available, the or disapprove such revised program within three months of Administrator determines that a State is not meeting receipt. applicable water quality standards or the goals and (3) FAILURE OF STATE TO SUBMIT REPORTIf a Governor of requirements of this chapter as a result, in whole or in part, a State does not submit the report required by subsection (a) of significant pollution from nonpoint sources in another of this section within the period specified by subsection State, the Administrator shall notify such States. The (c)(2) of this section, the Administrator shall, within 30 Administrator may convene a management conference months after February 4, 1987, prepare a report for such under this paragraph not later than 180 days after giving State which makes the identifications required by such notification, whether or not the State which is not paragraphs (1)(A) and (1)(B) of subsection (a) of this meeting such standards requests such conference. The section. Upon completion of the requirement of the purpose of such conference shall be to develop an preceding sentence and after notice and opportunity for agreement among such States to reduce the level of comment, the Administrator shall report to Congress on his pollution in such portion resulting from nonpoint sources actions pursuant to this section. and to improve the water quality of such portion. Nothing in (e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL such agreement shall supersede or abrogate rights to ASSISTANCEIf a State fails to submit a management quantities of water which have been established by interstate program under subsection (b) of this section or the water compacts, Supreme Court decrees, or State water Administrator does not approve such a management laws. This subsection shall not apply to any pollution which program, a local public agency or organization which has is subject to the Colorado River Basin Salinity Control Act expertise in, and authority to, control water pollution [43 U.S.C. § 1571 et seq.]. The requirement that the resulting from nonpoint sources in any area of such State Administrator convene a management conference shall not which the Administrator determines is of sufficient be subject to the provisions of section 1365 of this title.
geographic size may, with approval of such State, request (2) STATE MANAGEMENT PROGRAM REQUIREMENTTo the the Administrator to provide, and the Administrator shall extent that the States reach agreement through such provide, technical assistance to such agency or organization conference, the management programs of the States which in developing for such area a management program which is are parties to such agreements and which contribute described in subsection (b) of this section and can be significant pollution to the navigable waters or portions approved pursuant to subsection (d) of this section. After thereof not meeting applicable water quality standards or development of such management program, such agency or goals and requirements of this chapter will be revised to organization shall submit such management program to the reflect such agreement. Such management programs shall be consistent with Federal and State law.
FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (h) GRANT PROGRAM each State pursuant to this subsection in a fiscal year shall (1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT remain available for obligation by such State for the fiscal PROGRAMSUpon application of a State for which a report year for which appropriated. The amount of any such funds submitted under subsection (a) of this section and a not obligated by the end of such fiscal year shall be management program submitted under subsection (b) of this available to the Administrator for granting to other States section is approved under this section, the Administrator under this subsection in the next fiscal year.
shall make grants, subject to such terms and conditions as (7) LIMITATION ON USE OF FUNDSStates may use funds the Administrator considers appropriate, under this from grants made pursuant to this section for financial subsection to such State for the purpose of assisting the assistance to persons only to the extent that such assistance State in implementing such management program. Funds is related to the costs of demonstration projects.
reserved pursuant to section 1285(j)(5) of this title may be (8) SATISFACTORY PROGRESSNo grant may be made used to develop and implement such management program. under this subsection in any fiscal year to a State which in (2) APPLICATIONSAn application for a grant under this the preceding fiscal year received a grant under this subsection in any fiscal year shall be in such form and shall subsection unless the Administrator determines that such contain such other information as the Administrator may State made satisfactory progress in such preceding fiscal require, including an identification and description of the year in meeting the schedule specified by such State under best management practices and measures which the State subsection (b)(2) of this section.
proposes to assist, encourage, or require in such year with (9) MAINTENANCE OF EFFORTNo grant may be made to a the Federal assistance to be provided under the grant. State under this subsection in any fiscal year unless such (3) FEDERAL SHAREThe Federal share of the cost of each State enters into such agreements with the Administrator as management program implemented with Federal assistance the Administrator may require to ensure that such State will under this subsection in any fiscal year shall not exceed 60 maintain its aggregate expenditures from all other sources percent of the cost incurred by the State in implementing for programs for controlling pollution added to the such management program and shall be made on condition navigable waters in such State from nonpoint sources and that the non-Federal share is provided from non-Federal improving the quality of such waters at or above the average sources. level of such expenditures in its two fiscal years preceding (4) LIMITATION ON GRANT AMOUNTSNotwithstanding any February 4, 1987.
other provision of this subsection, not more than 15 percent (10) REQUEST FOR INFORMATIONThe Administrator may of the amount appropriated to carry out this subsection may request such information, data, and reports as he considers be used to make grants to any one State, including any necessary to make the determination of continuing grants to any local public agency or organization with eligibility for grants under this section.
authority to control pollution from nonpoint sources in any (11) REPORTING AND OTHER REQUIREMENTSEach State area of such State. shall report to the Administrator on an annual basis (5) PRIORITY FOR EFFECTIVE MECHANISMSFor each fiscal concerning (A) its progress in meeting the schedule of year beginning after September 30, 1987, the Administrator milestones submitted pursuant to subsection (b)(2)(C) of may give priority in making grants under this subsection, this section, and (B) to the extent that appropriate and shall give consideration in determining the Federal information is available, reductions in nonpoint source share of any such grant, to States which have implemented pollutant loading and improvements in water quality for or are proposing to implement management programs which those navigable waters or watersheds within the State which will were identified pursuant to subsection (a)(1)(A) of this (A) control particularly difficult or serious nonpoint source section resulting from implementation of the management pollution problems, including, but not limited to, problems program.
resulting from mining activities; (12) LIMITATION ON ADMINISTRATIVE COSTSFor purposes (B) implement innovative methods or practices for of this subsection, administrative costs in the form of controlling nonpoint sources of pollution, including salaries, overhead, or indirect costs for services provided regulatory programs where the Administrator deems and charged against activities and programs carried out with appropriate; a grant under this subsection shall not exceed in any fiscal year 10 percent of the amount of the grant in such year, (C) control interstate nonpoint source pollution problems; or except that costs of implementing enforcement and (D) carry out ground water quality protection activities regulatory activities, education, training, technical which the Administrator determines are part of a assistance, demonstration projects, and technology transfer comprehensive nonpoint source pollution control program, programs shall not be subject to this limitation.
including research, planning, ground water assessments, (i) GRANTS FOR PROTECTING GROUNDWATER QUALITY demonstration programs, enforcement, technical assistance, education, and training to protect ground water quality from (1) ELIGIBLE APPLICANTS AND ACTIVITIESUpon nonpoint sources of pollution. application of a State for which a report submitted under subsection (a) of this section and a plan submitted under (6) AVAILABILITY FOR OBLIGATIONThe funds granted to FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 subsection (b) of this section is approved under this section, appropriate means, information pertaining to management the Administrator shall make grants under this subsection to practices and implementation methods, including, but not such State for the purpose of assisting such State in carrying limited to, (1) information concerning the costs and relative out groundwater quality protection activities which the efficiencies of best management practices for reducing Administrator determines will advance the State toward nonpoint source pollution; and (2) available data concerning implementation of a comprehensive nonpoint source the relationship between water quality and implementation pollution control program. Such activities shall include, but of various management practices to control nonpoint not be limited to, research, planning, groundwater sources of pollution.
assessments, demonstration programs, enforcement, (m) REPORTS OF ADMINISTRATOR technical assistance, education and training to protect the (1) ANNUAL REPORTSNot later than January 1, 1988, and quality of groundwater and to prevent contamination of each January 1 thereafter, the Administrator shall transmit to groundwater from nonpoint sources of pollution.
the Committee on Public Works and Transportation of the (2) APPLICATIONSAn application for a grant under this House of Representatives and the Committee on subsection shall be in such form and shall contain such Environment and Public Works of the Senate, a report for information as the Administrator may require. the preceding fiscal year on the activities and programs (3) FEDERAL SHARE; MAXIMUM AMOUNTThe Federal implemented under this section and the progress made in share of the cost of assisting a State in carrying out reducing pollution in the navigable waters resulting from groundwater protection activities in any fiscal year under nonpoint sources and improving the quality of such waters.
this subsection shall be 50 percent of the costs incurred by (2) FINAL REPORTNot later than January 1, 1990, the the State in carrying out such activities, except that the Administrator shall transmit to Congress a final report on maximum amount of Federal assistance which any State the activities carried out under this section. Such report, at a may receive under this subsection in any fiscal year shall minimum, shall not exceed $150,000.
(A) describe the management programs being implemented (4) REPORTThe Administrator shall include in each report by the States by types and amount of affected navigable transmitted under subsection (m) of this section a report on waters, categories and subcategories of nonpoint sources, the activities and programs implemented under this and types of best management practices being implemented; subsection during the preceding fiscal year.
(B) describe the experiences of the States in adhering to (j) AUTHORIZATION OF APPROPRIATIONSThere is schedules and implementing best management practices; authorized to be appropriated to carry out subsections (h)
(C) describe the amount and purpose of grants awarded and (i) of this section not to exceed $70,000,000 for fiscal pursuant to subsections (h) and (i) of this section; year 1988, $100,000,000 per fiscal year for each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year (D) identify, to the extent that information is available, the 1991; except that for each of such fiscal years not to exceed progress made in reducing pollutant loads and improving
$7,500,000 may be made available to carry out subsection water quality in the navigable waters; (i) of this section. Sums appropriated pursuant to this (E) indicate what further actions need to be taken to attain subsection shall remain available until expended. and maintain in those navigable waters (i) applicable water (k) CONSISTENCY OF OTHER PROGRAMS AND PROJECTS WITH quality standards, and (ii) the goals and requirements of this MANAGEMENT PROGRAMSThe Administrator shall chapter; transmit to the Office of Management and Budget and the (F) include recommendations of the Administrator appropriate Federal departments and agencies a list of those concerning future programs (including enforcement assistance programs and development projects identified by programs) for controlling pollution from nonpoint sources; each State under subsection (b)(2)(F) of this section for and which individual assistance applications and projects will be (G) identify the activities and programs of departments, reviewed pursuant to the procedures set forth in Executive agencies, and instrumentalities of the United States which Order 12372 as in effect on September 17, 1983. Beginning are inconsistent with the management programs submitted not later than sixty days after receiving notification by the by the States and recommend modifications so that such Administrator, each Federal department and agency shall activities and programs are consistent with and assist the modify existing regulations to allow States to review States in implementation of such management programs.
individual development projects and assistance applications under the identified Federal assistance programs and shall (n) SET ASIDE FOR ADMINISTRATIVE PERSONNELNot less accommodate, according to the requirements and definitions than 5 percent of the funds appropriated pursuant to of Executive Order 12372, as in effect on September 17, subsection (j) of this section for any fiscal year shall be 1983, the concerns of the State regarding the consistency of available to the Administrator to maintain personnel levels at the Environmental Protection Agency at levels which are such applications or projects with the State nonpoint source pollution management program. adequate to carry out this section in such year.
(l) COLLECTION OF INFORMATIONThe Administrator shall collect and make available, through publications and other FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 SEC. 320. [33 U.S.C. 1330] NATIONAL ESTUARY (4) develop a comprehensive conservation and management PROGRAM plan that recommends priority corrective actions and (a) MANAGEMENT CONFERENCE compliance schedules addressing point and nonpoint (1) NOMINATION OF ESTUARIESThe Governor of any State sources of pollution to restore and maintain the chemical, may nominate to the Administrator an estuary lying in physical, and biological integrity of the estuary, including whole or in part within the State as an estuary of national restoration and maintenance of water quality, a balanced significance and request a management conference to indigenous population of shellfish, fish and wildlife, and develop a comprehensive management plan for the estuary. recreational activities in the estuary, and assure that the The nomination shall document the need for the conference, designated uses of the estuary are protected; the likelihood of success, and information relating to the (5) develop plans for the coordinated implementation of the factors in paragraph (2). plan by the States as well as Federal and local agencies (2) CONVENING OF CONFERENCE participating in the conference; (A) IN GENERALIn any case where the Administrator (6) monitor the effectiveness of actions taken pursuant to the determines, on his own initiative or upon nomination of a plan; and State under paragraph (1), that the attainment or (7) review all Federal financial assistance programs and maintenance of that water quality in an estuary which Federal development projects in accordance with the assures protection of public water supplies and the requirements of Executive Order 12372, as in effect on protection and propagation of a balanced, indigenous September 17, 1983, to determine whether such assistance population of shellfish, fish, and wildlife, and allows program or project would be consistent with and further the recreational activities, in and on the water, requires the purposes and objectives of the plan prepared under this control of point and nonpoint sources of pollution to section.
supplement existing controls of pollution in more than one For purposes of paragraph (7), such programs and projects State, the Administrator shall select such estuary and shall not be limited to the assistance programs and convene a management conference. development projects subject to Executive Order 12372, but (B) PRIORITY CONSIDERATIONThe Administrator shall may include any programs listed in the most recent Catalog give priority consideration under this section to Long Island of Federal Domestic Assistance which may have an effect Sound, New York and Connecticut; Narragansett Bay, on the purposes and objectives of the plan developed under Rhode Island; Buzzards Bay, Massachusetts; Massachusetts this section.
Bay, Massachusetts (including Cape Cod Bay and Boston (c) MEMBERS OF CONFERENCEThe members of a Harbor); Puget Sound, Washington; New York-New Jersey management conference convened under this section shall Harbor, New York and New Jersey; Delaware Bay, include, at a minimum, the Administrator and Delaware and New Jersey; Delaware Inland Bays, representatives of Delaware; Albemarle Sound, North Carolina; Sarasota Bay, (1) each State and foreign nation located in whole or in part Florida; San Francisco Bay, California; Santa Monica Bay, in the estuarine zone of the estuary for which the conference California; Galveston Bay, Texas; Barataria-Terrebonne is convened; Bay estuary complex, Louisiana; Indian River Lagoon, Florida; Lake Pontchartrain Basin, Louisiana and (2) international, interstate, or regional agencies or entities Mississippi; and Peconic Bay, New York. having jurisdiction over all or a significant part of the estuary; (3) BOUNDARY DISPUTE EXCEPTIONIn any case in which a boundary between two States passes through an estuary and (3) each interested Federal agency, as determined such boundary is disputed and is the subject of an action in appropriate by the Administrator; any court, the Administrator shall not convene a (4) local governments having jurisdiction over any land or management conference with respect to such estuary before water within the estuarine zone, as determined appropriate a final adjudication has been made of such dispute. by the Administrator; and (b) PURPOSES OF CONFERENCEThe purposes of any (5) affected industries, public and private educational management conference convened with respect to an estuary institutions, and the general public, as determined under this subsection shall be to appropriate by the Administrator.
(1) assess trends in water quality, natural resources, and uses (d) UTILIZATION OF EXISTING DATAIn developing a of the estuary; conservation and management plan under this section, the (2) collect, characterize, and assess data on toxics, nutrients, management conference shall survey and utilize existing and natural resources within the estuarine zone to identify reports, data, and studies relating to the estuary that have the causes of environmental problems; been developed by or made available to Federal, interstate, State, and local agencies.
(3) develop the relationship between the inplace loads and point and nonpoint loadings of pollutants to the estuarine (e) PERIOD OF CONFERENCEA management conference zone and the potential uses of the zone, water quality, and convened under this section shall be convened for a period natural resources; not to exceed 5 years. Such conference may be extended by FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 the Administrator, and if terminated after the initial period, (3) monitoring the implementation of a conservation and may be reconvened by the Administrator at any time management plan by the management conference or by the thereafter, as may be necessary to meet the requirements of Administrator, in any case in which the conference has been this section. terminated.
(f) APPROVAL AND IMPLEMENTATION OF PLANS The Administrator shall provide up to $5,000,000 per fiscal (1) APPROVALNot later than 120 days after the year of the sums authorized to be appropriated under this completion of a conservation and management plan and subsection to the Administrator of the National Oceanic and after providing for public review and comment, the Atmospheric Administration to carry out subsection (j) of Administrator shall approve such plan if the plan meets the this section.
requirements of this section and the affected Governor or (j) RESEARCH Governors concur. (1) PROGRAMSIn order to determine the need to convene (2) IMPLEMENTATIONUpon approval of a conservation a management conference under this section or at the and management plan under this section, such plan shall be request of such a management conference, the implemented. Funds authorized to be appropriated under Administrator shall coordinate and implement, through the subchapters II and VI of this chapter and section 1329 of National Marine Pollution Program Office and the National this title may be used in accordance with the applicable Marine Fisheries Service of the National Oceanic and requirements of this chapter to assist States with the Atmospheric Administration, as appropriate, for one or implementation of such plan. more estuarine zones (g) GRANTS (A) a long-term program of trend assessment monitoring (1) RECIPIENTSThe Administrator is authorized to make measuring variations in pollutant concentrations, marine grants to State, interstate, and regional water pollution ecology, and other physical or biological environmental control agencies and entities, State coastal zone parameters which may affect estuarine zones, to provide the management agencies, interstate agencies, other public or Administrator the capacity to determine the potential and nonprofit private agencies, institutions, organizations, and actual effects of alternative management strategies and individuals. measures; (2) PURPOSESGrants under this subsection shall be made (B) a program of ecosystem assessment assisting in the to pay for activities necessary for the development and development of (i) baseline studies which determine the implementation of a comprehensive conservation and state of estuarine zones and the effects of natural and management plan under this section. anthropogenic changes, and (ii) predictive models capable of translating information on specific discharges or general (3) FEDERAL SHAREThe Federal share of a grant to any pollutant loadings within estuarine zones into a set of person (including a State, interstate, or regional agency or probable effects on such zones; entity) under this subsection for a fiscal year (C) a comprehensive water quality sampling program for the (A) shall not exceed continuous monitoring of nutrients, chlorine, acid (i) 75 percent of the annual aggregate costs of the precipitation dissolved oxygen, and potentially toxic development of a comprehensive conservation and pollutants (including organic chemicals and metals) in management plan; and estuarine zones, after consultation with interested State, (ii) 50 percent of the annual aggregate costs of the local, interstate, or international agencies and review and implementation of the plan; and analysis of all environmental sampling data presently (B) shall be made on condition that the non-Federal share of collected from estuarine zones; and the costs are provided from non-Federal sources. (D) a program of research to identify the movements of (h) GRANT REPORTINGAny person (including a State, nutrients, sediments and pollutants through estuarine zones interstate, or regional agency or entity) that receives a grant and the impact of nutrients, sediments, and pollutants on under subsection (g) of this section shall report to the water quality, the ecosystem, and designated or potential Administrator not later than 18 months after receipt of such uses of the estuarine zones.
grant and biennially thereafter on the progress being made (2) REPORTSThe Administrator, in cooperation with the under this section. Administrator of the National Oceanic and Atmospheric (i) AUTHORIZATION OF APPROPRIATIONSThere are Administration, shall submit to the Congress no less often authorized to be appropriated to the Administrator not to than biennially a comprehensive report on the activities exceed $35,000,000 for each of fiscal years 2001 through authorized under this subsection including 2010 for (A) a listing of priority monitoring and research needs; (1) expenses related to the administration of management (B) an assessment of the state and health of the Nations conferences under this section, not to exceed 10 percent of estuarine zones, to the extent evaluated under this the amount appropriated under this subsection; subsection; (2) making grants under subsection (g) of this section; and (C) a discussion of pollution problems and trends in pollutant concentrations with a direct or indirect effect on FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 water quality, the ecosystem, and designated or potential (2) Upon receipt of such application and certification the uses of each estuarine zone, to the extent evaluated under licensing or permitting agency shall immediately notify the this subsection; and Administrator of such application and certification.
(D) an evaluation of pollution abatement activities and Whenever such a discharge may affect, as determined by the management measures so far implemented to determine the Administrator, the quality of the waters of any other State, degree of improvement toward the objectives expressed in the Administrator within thirty days of the date of notice of subsection (b)(4) of this section. application for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the (k) DEFINITIONSFor purposes of this section, the terms applicant. If, within sixty days after receipt of such estuary and estuarine zone have the meanings such notification, such other State determines that such discharge terms have in section 1254(n)(4) of this title, except that the will affect the quality of its waters so as to violate any water term estuarine zone shall also include associated aquatic quality requirements in such State, and within such sixty-ecosystems and those portions of tributaries draining into day period notifies the Administrator and the licensing or the estuary up to the historic height of migration of permitting agency in writing of its objection to the issuance anadromous fish or the historic head of tidal influence, of such license or permit and requests a public hearing on whichever is higher.
such objection, the licensing or permitting agency shall hold such a hearing. The Administrator shall at such hearing submit his evaluation and recommendations with respect to SUBCHAPTER IVPERMITS AND any such objection to the licensing or permitting agency.
LICENSES Such agency, based upon the recommendations of such SEC. 401. [33 U.S.C. 1341] CERTIFICATION State, the Administrator, and upon any additional evidence, (a) COMPLIANCE WITH APPLICABLE REQUIREMENTS; if any, presented to the agency at the hearing, shall APPLICATION; PROCEDURES; LICENSE SUSPENSION condition such license or permit in such manner as may be necessary to insure compliance with applicable water (1) Any applicant for a Federal license or permit to conduct quality requirements. If the imposition of conditions cannot any activity including, but not limited to, the construction or insure such compliance such agency shall not issue such operation of facilities, which may result in any discharge license or permit.
into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the (3) The certification obtained pursuant to paragraph (1) of discharge originates or will originate, or, if appropriate, this subsection with respect to the construction of any from the interstate water pollution control agency having facility shall fulfill the requirements of this subsection with jurisdiction over the navigable waters at the point where the respect to certification in connection with any other Federal discharge originates or will originate, that any such license or permit required for the operation of such facility discharge will comply with the applicable provisions of unless, after notice to the certifying State, agency, or sections 1311, 1312, 1313, 1316, and 1317 of this title. In Administrator, as the case may be, which shall be given by the case of any such activity for which there is not an the Federal agency to whom application is made for such applicable effluent limitation or other limitation under operating license or permit, the State, or if appropriate, the sections 1311(b) and 1312 of this title, and there is not an interstate agency or the Administrator, notifies such agency applicable standard under sections 1316 and 1317 of this within sixty days after receipt of such notice that there is no title, the State shall so certify, except that any such longer reasonable assurance that there will be compliance certification shall not be deemed to satisfy section 1371(c) with the applicable provisions of sections 1311, 1312, 1313, of this title. Such State or interstate agency shall establish 1316, and 1317 of this title because of changes since the procedures for public notice in the case of all applications construction license or permit certification was issued in (A) for certification by it and, to the extent it deems appropriate, the construction or operation of the facility, (B) the procedures for public hearings in connection with specific characteristics of the waters into which such discharge is applications. In any case where a State or interstate agency made, (C) the water quality criteria applicable to such has no authority to give such a certification, such waters or (D) applicable effluent limitations or other certification shall be from the Administrator. If the State, requirements. This paragraph shall be inapplicable in any interstate agency, or Administrator, as the case may be, fails case where the applicant for such operating license or permit or refuses to act on a request for certification, within a has failed to provide the certifying State, or, if appropriate, reasonable period of time (which shall not exceed one year) the interstate agency or the Administrator, with notice of after receipt of such request, the certification requirements any proposed changes in the construction or operation of the of this subsection shall be waived with respect to such facility with respect to which a construction license or Federal application. No license or permit shall be granted permit has been granted, which changes may result in until the certification required by this section has been violation of section 1311, 1312, 1313, 1316, or 1317 of this obtained or has been waived as provided in the preceding title.
sentence. No license or permit shall be granted if (4) Prior to the initial operation of any federally licensed or certification has been denied by the State, interstate agency, permitted facility or activity which may result in any or the Administrator, as the case may be. discharge into the navigable waters and with respect to
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 which a certification has been obtained pursuant to of Engineers, is authorized, if he deems it to be in the public paragraph (1) of this subsection, which facility or activity is interest, to permit the use of spoil disposal areas under his not subject to a Federal operating license or permit, the jurisdiction by Federal licensees or permittees, and to make licensee or permittee shall provide an opportunity for such an appropriate charge for such use. Moneys received from certifying State, or, if appropriate, the interstate agency or such licensees or permittees shall be deposited in the the Administrator to review the manner in which the facility Treasury as miscellaneous receipts.
or activity shall be operated or conducted for the purposes (d) LIMITATIONS AND MONITORING REQUIREMENTS OF of assuring that applicable effluent limitations or other CERTIFICATIONAny certification provided under this limitations or other applicable water quality requirements section shall set forth any effluent limitations and other will not be violated. Upon notification by the certifying limitations, and monitoring requirements necessary to assure State, or if appropriate, the interstate agency or the that any applicant for a Federal license or permit will Administrator that the operation of any such federally comply with any applicable effluent limitations and other licensed or permitted facility or activity will violate limitations, under section 1311 or 1312 of this title, standard applicable effluent limitations or other limitations or other of performance under section 1316 of this title, or water quality requirements such Federal agency may, after prohibition, effluent standard, or pretreatment standard public hearing, suspend such license or permit. If such under section 1317 of this title, and with any other license or permit is suspended, it shall remain suspended appropriate requirement of State law set forth in such until notification is received from the certifying State, certification, and shall become a condition on any Federal agency, or Administrator, as the case may be, that there is license or permit subject to the provisions of this section.
reasonable assurance that such facility or activity will not violate the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title. SEC. 402. [33 U.S.C. 1342] NATIONAL POLLUTANT (5) Any Federal license or permit with respect to which a DISCHARGE ELIMINATION SYSTEM certification has been obtained under paragraph (1) of this (a) PERMITS FOR DISCHARGE OF POLLUTANTS subsection may be suspended or revoked by the Federal (1) Except as provided in sections 1328 and 1344 of this agency issuing such license or permit upon the entering of a title, the Administrator may, after opportunity for public judgment under this chapter that such facility or activity has hearing, issue a permit for the discharge of any pollutant, or been operated in violation of the applicable provisions of combination of pollutants, notwithstanding section 1311(a) section 1311, 1312, 1313, 1316, or 1317 of this title. of this title, upon condition that such discharge will meet (6) Except with respect to a permit issued under section either (A) all applicable requirements under sections 1311, 1342 of this title, in any case where actual construction of a 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior facility has been lawfully commenced prior to April 3, 1970, to the taking of necessary implementing actions relating to no certification shall be required under this subsection for a all such requirements, such conditions as the Administrator license or permit issued after April 3, 1970, to operate such determines are necessary to carry out the provisions of this facility, except that any such license or permit issued chapter.
without certification shall terminate April 3, 1973, unless (2) The Administrator shall prescribe conditions for such prior to such termination date the person having such license permits to assure compliance with the requirements of or permit submits to the Federal agency which issued such paragraph (1) of this subsection, including conditions on license or permit a certification and otherwise meets the data and information collection, reporting, and such other requirements of this section. requirements as he deems appropriate.
(b) COMPLIANCE WITH OTHER PROVISIONS OF LAW SETTING (3) The permit program of the Administrator under APPLICABLE WATER QUALITY REQUIREMENTSNothing in paragraph (1) of this subsection, and permits issued this section shall be construed to limit the authority of any thereunder, shall be subject to the same terms, conditions, department or agency pursuant to any other provision of law and requirements as apply to a State permit program and to require compliance with any applicable water quality permits issued thereunder under subsection (b) of this requirements. The Administrator shall, upon the request of section.
any Federal department or agency, or State or interstate (4) All permits for discharges into the navigable waters agency, or applicant, provide, for the purpose of this section, issued pursuant to section 407 of this title shall be deemed any relevant information on applicable effluent limitations, to be permits issued under this subchapter, and permits or other limitations, standards, regulations, or requirements, issued under this subchapter shall be deemed to be permits or water quality criteria, and shall, when requested by any issued under section 407 of this title, and shall continue in such department or agency or State or interstate agency, or force and effect for their term unless revoked, modified, or applicant, comment on any methods to comply with such suspended in accordance with the provisions of this chapter.
limitations, standards, regulations, requirements, or criteria.
(5) No permit for a discharge into the navigable waters shall (c) AUTHORITY OF SECRETARY OF THE ARMY TO PERMIT USE be issued under section 407 of this title after October 18, OF SPOIL DISPOSAL AREAS BY FEDERAL LICENSEES OR 1972. Each application for a permit under section 407 of this PERMITTEESIn order to implement the provisions of this title, pending on October 18, 1972, shall be deemed to be an section, the Secretary of the Army, acting through the Chief
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 application for a permit under this section. The of which may be affected, receive notice of each application Administrator shall authorize a State, which he determines for a permit and to provide an opportunity for public hearing has the capability of administering a permit program which before a ruling on each such application; will carry out the objective of this chapter to issue permits (4) To insure that the Administrator receives notice of each for discharges into the navigable waters within the application (including a copy thereof) for a permit; jurisdiction of such State. The Administrator may exercise (5) To insure that any State (other than the permitting State),
the authority granted him by the preceding sentence only whose waters may be affected by the issuance of a permit during the period which begins on October 18, 1972, and may submit written recommendations to the permitting ends either on the ninetieth day after the date of the first State (and the Administrator) with respect to any permit promulgation of guidelines required by section 1314(i)(2) of application and, if any part of such written this title, or the date of approval by the Administrator of a recommendations are not accepted by the permitting State, permit program for such State under subsection (b) of this that the permitting State will notify such affected State (and section, whichever date first occurs, and no such the Administrator) in writing of its failure to so accept such authorization to a State shall extend beyond the last day of recommendations together with its reasons for so doing; such period. Each such permit shall be subject to such conditions as the Administrator determines are necessary to (6) To insure that no permit will be issued if, in the carry out the provisions of this chapter. No such permit shall judgment of the Secretary of the Army acting through the issue if the Administrator objects to such issuance. Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, (b) STATE PERMIT PROGRAMSAt any time after the anchorage and navigation of any of the navigable waters promulgation of the guidelines required by subsection (i)(2) would be substantially impaired thereby; of section 1314 of this title, the Governor of each State desiring to administer its own permit program for discharges (7) To abate violations of the permit or the permit program, into navigable waters within its jurisdiction may submit to including civil and criminal penalties and other ways and the Administrator a full and complete description of the means of enforcement; program it proposes to establish and administer under State (8) To insure that any permit for a discharge from a publicly law or under an interstate compact. In addition, such State owned treatment works includes conditions to require the shall submit a statement from the attorney general (or the identification in terms of character and volume of pollutants attorney for those State water pollution control agencies of any significant source introducing pollutants subject to which have independent legal counsel), or from the chief pretreatment standards under section 1317(b) of this title legal officer in the case of an interstate agency, that the laws into such works and a program to assure compliance with of such State, or the interstate compact, as the case may be, such pretreatment standards by each such source, in addition provide adequate authority to carry out the described to adequate notice to the permitting agency of (A) new program. The Administrator shall approve each such introductions into such works of pollutants from any source submitted program unless he determines that adequate which would be a new source as defined in section 1316 of authority does not exist: this title if such source were discharging pollutants, (B) new (1) To issue permits which introductions of pollutants into such works from a source which would be subject to section 1311 of this title if it were (A) apply, and insure compliance with, any applicable discharging such pollutants, or (C) a substantial change in requirements of sections 1311, 1312, 1316, 1317, and 1343 volume or character of pollutants being introduced into such of this title; works by a source introducing pollutants into such works at (B) are for fixed terms not exceeding five years; and the time of issuance of the permit. Such notice shall include (C) can be terminated or modified for cause including, but information on the quality and quantity of effluent to be not limited to, the following: introduced into such treatment works and any anticipated (i) violation of any condition of the permit; impact of such change in the quantity or quality of effluent to be discharged from such publicly owned treatment works; (ii) obtaining a permit by misrepresentation, or failure to and disclose fully all relevant facts; (9) To insure that any industrial user of any publicly owned (iii) change in any condition that requires either a temporary treatment works will comply with sections 1284(b), 1317, or permanent reduction or elimination of the permitted and 1318 of this title.
discharge; (c) SUSPENSION OF FEDERAL PROGRAM UPON SUBMISSION OF (D) control the disposal of pollutants into wells; STATE PROGRAM; WITHDRAWAL OF APPROVAL OF STATE (2)(A) To issue permits which apply, and insure compliance PROGRAM; RETURN OF STATE PROGRAM TO ADMINISTRATOR with, all applicable requirements of section 1318 of this (1) Not later than ninety days after the date on which a State title; or has submitted a program (or revision thereof) pursuant to (B) To inspect, monitor, enter, and require reports to at least subsection (b) of this section, the Administrator shall the same extent as required in section 1318 of this title; suspend the issuance of permits under subsection (a) of this (3) To insure that the public, and any other State the waters section as to those discharges subject to such program
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 unless he determines that the State permit program does not objection. If the State does not resubmit such permit revised meet the requirements of subsection (b) of this section or to meet such objection within 30 days after completion of does not conform to the guidelines issued under section the hearing, or, if no hearing is requested within 90 days 1314(i)(2) of this title. If the Administrator so determines, after the date of such objection, the Administrator may issue he shall notify the State of any revisions or modifications the permit pursuant to subsection (a) of this section for such necessary to conform to such requirements or guidelines. source in accordance with the guidelines and requirements (2) Any State permit program under this section shall at all of this chapter.
times be in accordance with this section and guidelines (e) WAIVER OF NOTIFICATION REQUIREMENTIn promulgated pursuant to section 1314(i)(2) of this title. accordance with guidelines promulgated pursuant to (3) Whenever the Administrator determines after public subsection (i)(2) of section 1314 of this title, the hearing that a State is not administering a program approved Administrator is authorized to waive the requirements of under this section in accordance with requirements of this subsection (d) of this section at the time he approves a section, he shall so notify the State and, if appropriate program pursuant to subsection (b) of this section for any corrective action is not taken within a reasonable time, not category (including any class, type, or size within such to exceed ninety days, the Administrator shall withdraw category) of point sources within the State submitting such approval of such program. The Administrator shall not program.
withdraw approval of any such program unless he shall first (f) POINT SOURCE CATEGORIESThe Administrator shall have notified the State, and made public, in writing, the promulgate regulations establishing categories of point reasons for such withdrawal. sources which he determines shall not be subject to the (4) Limitations on partial permit program returns and requirements of subsection (d) of this section in any State withdrawals. with a program approved pursuant to subsection (b) of this section. The Administrator may distinguish among classes, A State may return to the Administrator administration, and types, and sizes within any category of point sources.
the Administrator may withdraw under paragraph (3) of this subsection approval, of (g) OTHER REGULATIONS FOR SAFE TRANSPORTATION, HANDLING, CARRIAGE, STORAGE, AND STOWAGE OF (A) a State partial permit program approved under POLLUTANTSAny permit issued under this section for the subsection (n)(3) of this section only if the entire permit discharge of pollutants into the navigable waters from a program being administered by the State department or vessel or other floating craft shall be subject to any agency at the time is returned or withdrawn; and applicable regulations promulgated by the Secretary of the (B) a State partial permit program approved under department in which the Coast Guard is operating, subsection (n)(4) of this section only if an entire phased establishing specifications for safe transportation, handling, component of the permit program being administered by the carriage, storage, and stowage of pollutants.
State at the time is returned or withdrawn.
(h) VIOLATION OF PERMIT CONDITIONS; RESTRICTION OR (d) NOTIFICATION OF ADMINISTRATOR PROHIBITION UPON INTRODUCTION OF POLLUTANT BY (1) Each State shall transmit to the Administrator a copy of SOURCE NOT PREVIOUSLY UTILIZING TREATMENT WORKS each permit application received by such State and provide In the event any condition of a permit for discharges from a notice to the Administrator of every action related to the treatment works (as defined in section 1292 of this title) consideration of such permit application, including each which is publicly owned is violated, a State with a program permit proposed to be issued by such State. approved under subsection (b) of this section or the (2) No permit shall issue (A) if the Administrator within Administrator, where no State program is approved or ninety days of the date of his notification under subsection where the Administrator determines pursuant to section (b)(5) of this section objects in writing to the issuance of 1319(a) of this title that a State with an approved program such permit, or (B) if the Administrator within ninety days has not commenced appropriate enforcement action with of the date of transmittal of the proposed permit by the State respect to such permit, may proceed in a court of competent objects in writing to the issuance of such permit as being jurisdiction to restrict or prohibit the introduction of any outside the guidelines and requirements of this chapter. pollutant into such treatment works by a source not utilizing Whenever the Administrator objects to the issuance of a such treatment works prior to the finding that such condition permit under this paragraph such written objection shall was violated.
contain a statement of the reasons for such objection and the (i) FEDERAL ENFORCEMENT NOT LIMITEDNothing in this effluent limitations and conditions which such permit would section shall be construed to limit the authority of the include if it were issued by the Administrator. Administrator to take action pursuant to section 1319 of this (3) The Administrator may, as to any permit application, title.
waive paragraph (2) of this subsection. (j) PUBLIC INFORMATIONA copy of each permit (4) In any case where, after December 27, 1977, the application and each permit issued under this section shall Administrator, pursuant to paragraph (2) of this subsection, be available to the public. Such permit application or permit, objects to the issuance of a permit, on request of the State, a or portion thereof, shall further be available on request for public hearing shall be held by the Administrator on such the purpose of reproduction.
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (k) COMPLIANCE WITH PERMITSCompliance with a permit sections 1317 and 1319 of this title, affect State and local issued pursuant to this section shall be deemed compliance, authority under sections 1317(b)(4) and 1370 of this title, for purposes of sections 1319 and 1365 of this title, with relieve such treatment works of its obligations to meet sections 1311, 1312, 1316, 1317, and 1343 of this title, requirements established under this chapter, or otherwise except any standard imposed under section 1317 of this title preclude such works from pursuing whatever feasible for a toxic pollutant injurious to human health. Until options are available to meet its responsibility to comply December 31, 1974, in any case where a permit for with its permit under this section.
discharge has been applied for pursuant to this section, but (n) PARTIAL PERMIT PROGRAM final administrative disposition of such application has not (1) STATE SUBMISSIONThe Governor of a State may been made, such discharge shall not be a violation of (1) submit under subsection (b) of this section a permit program section 1311, 1316, or 1342 of this title, or (2) section 407 for a portion of the discharges into the navigable waters in of this title, unless the Administrator or other plaintiff such State.
proves that final administrative disposition of such application has not been made because of the failure of the (2) MINIMUM COVERAGEA partial permit program under applicant to furnish information reasonably required or this subsection shall cover, at a minimum, administration of requested in order to process the application. For the 180- a major category of the discharges into the navigable waters day period beginning on October 18, 1972, in the case of of the State or a major component of the permit program any point source discharging any pollutant or combination required by subsection (b) of this section.
of pollutants immediately prior to such date which source is (3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT not subject to section 407 of this title, the discharge by such PROGRAMSThe Administrator may approve a partial source shall not be a violation of this chapter if such a permit program covering administration of a major category source applies for a permit for discharge pursuant to this of discharges under this subsection if section within such 180-day period. (A) such program represents a complete permit program and (l) LIMITATION ON PERMIT REQUIREMENT covers all of the discharges under the jurisdiction of a (1) AGRICULTURAL RETURN FLOWSThe Administrator department or agency of the State; and shall not require a permit under this section for discharges (B) the Administrator determines that the partial program composed entirely of return flows from irrigated agriculture, represents a significant and identifiable part of the State nor shall the Administrator directly or indirectly, require any program required by subsection (b) of this section.
State to require such a permit. (4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT (2) STORMWATER RUNOFF FROM OIL, GAS, AND MINING PROGRAMSThe Administrator may approve under this OPERATIONSThe Administrator shall not require a permit subsection a partial and phased permit program covering under this section, nor shall the Administrator directly or administration of a major component (including discharge indirectly require any State to require a permit, for categories) of a State permit program required by subsection discharges of stormwater runoff from mining operations or (b) of this section if oil and gas exploration, production, processing, or treatment (A) the Administrator determines that the partial program operations or transmission facilities, composed entirely of represents a significant and identifiable part of the State flows which are from conveyances or systems of program required by subsection (b) of this section; and conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying (B) the State submits, and the Administrator approves, a plan for the State to assume administration by phases of the precipitation runoff and which are not contaminated by contact with, or do not come into contact with, any remainder of the State program required by subsection (b) of overburden, raw material, intermediate products, finished this section by a specified date not more than 5 years after submission of the partial program under this subsection and product, byproduct, or waste products located on the site of such operations. agrees to make all reasonable efforts to assume such administration by such date.
(m) ADDITIONAL PRETREATMENT OF CONVENTIONAL (o) ANTI-BACKSLIDING POLLUTANTS NOT REQUIREDTo the extent a treatment works (as defined in section 1292 of this title) which is (1) GENERAL PROHIBITIONIn the case of effluent publicly owned is not meeting the requirements of a permit limitations established on the basis of subsection (a)(1)(B) issued under this section for such treatment works as a result of this section, a permit may not be renewed, reissued, or of inadequate design or operation of such treatment works, modified on the basis of effluent guidelines promulgated the Administrator, in issuing a permit under this section, under section 1314(b) of this title subsequent to the original shall not require pretreatment by a person introducing issuance of such permit, to contain effluent limitations conventional pollutants identified pursuant to section which are less stringent than the comparable effluent 1314(a)(4) of this title into such treatment works other than limitations in the previous permit. In the case of effluent pretreatment required to assure compliance with limitations established on the basis of section 1311(b)(1)(C) pretreatment standards under subsection (b)(8) of this or section 1313(d) or (e) of this title, a permit may not be section and section 1317(b)(1) of this title. Nothing in this renewed, reissued, or modified to contain effluent subsection shall affect the Administrators authority under limitations which are less stringent than the comparable
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 effluent limitations in the previous permit except in this section for discharges composed entirely of stormwater.
compliance with section 1313(d)(4) of this title. (2) EXCEPTIONSParagraph (1) shall not apply with respect (2) EXCEPTIONSA permit with respect to which paragraph to the following stormwater discharges:
(1) applies may be renewed, reissued, or modified to contain (A) A discharge with respect to which a permit has been a less stringent effluent limitation applicable to a pollutant issued under this section before February 4, 1987.
if (B) A discharge associated with industrial activity.
(A) material and substantial alterations or additions to the (C) A discharge from a municipal separate storm sewer permitted facility occurred after permit issuance which system serving a population of 250,000 or more.
justify the application of a less stringent effluent limitation; (D) A discharge from a municipal separate storm sewer (B)(i) information is available which was not available at system serving a population of 100,000 or more but less the time of permit issuance (other than revised regulations, than 250,000.
guidance, or test methods) and which would have justified the application of a less stringent effluent limitation at the (E) A discharge for which the Administrator or the State, as time of permit issuance; or the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a (ii) the Administrator determines that technical mistakes or significant contributor of pollutants to waters of the United mistaken interpretations of law were made in issuing the States.
permit under subsection (a)(1)(B) of this section; (3) PERMIT REQUIREMENTS (C) a less stringent effluent limitation is necessary because of events over which the permittee has no control and for (A) INDUSTRIAL DISCHARGESPermits for discharges which there is no reasonably available remedy; associated with industrial activity shall meet all applicable provisions of this section and section 1311 of this title.
(D) the permittee has received a permit modification under section 1311(c), 1311(g), 1311(h), 1311(i), 1311(k), (B) MUNICIPAL DISCHARGEPermits for discharges from 1311(n), or 1326(a) of this title; or municipal storm sewers (E) the permittee has installed the treatment facilities (i) may be issued on a system- or jurisdiction-wide basis; required to meet the effluent limitations in the previous (ii) shall include a requirement to effectively prohibit non-permit and has properly operated and maintained the stormwater discharges into the storm sewers; and facilities but has nevertheless been unable to achieve the (iii) shall require controls to reduce the discharge of previous effluent limitations, in which case the limitations pollutants to the maximum extent practicable, including in the reviewed, reissued, or modified permit may reflect the management practices, control techniques and system, level of pollutant control actually achieved (but shall not be design and engineering methods, and such other provisions less stringent than required by effluent guidelines in effect at as the Administrator or the State determines appropriate for the time of permit renewal, reissuance, or modification). the control of such pollutants.
Subparagraph (B) shall not apply to any revised waste load (4) PERMIT APPLICATION REQUIREMENTS allocations or any alternative grounds for translating water quality standards into effluent limitations, except where the (A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGESNot cumulative effect of such revised allocations results in a later than 2 years after February 4, 1987, the Administrator shall establish regulations setting forth the permit decrease in the amount of pollutants discharged into the concerned waters, and such revised allocations are not the application requirements for stormwater discharges result of a discharger eliminating or substantially reducing described in paragraphs (2)(B) and (2)(C). Applications for permits for such discharges shall be filed no later than 3 its discharge of pollutants due to complying with the requirements of this chapter or for reasons otherwise years after February 4, 1987. Not later than 4 years after unrelated to water quality. February 4, 1987, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such (3) LIMITATIONSIn no event may a permit with respect to permit shall provide for compliance as expeditiously as which paragraph (1) applies be renewed, reissued, or practicable, but in no event later than 3 years after the date modified to contain an effluent limitation which is less of issuance of such permit.
stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no (B) OTHER MUNICIPAL DISCHARGESNot later than 4 years event may such a permit to discharge into waters be after February 4, 1987, the Administrator shall establish regulations setting forth the permit application requirements renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation for stormwater discharges described in paragraph (2)(D).
would result in a violation of a water quality standard under Applications for permits for such discharges shall be filed section 1313 of this title applicable to such waters. no later than 5 years after February 4, 1987. Not later than 6 years after February 4, 1987, the Administrator or the State, (p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES as the case may be, shall issue or deny each such permit.
(1) GENERAL RULEPrior to October 1, 1994, the Any such permit shall provide for compliance as Administrator or the State (in the case of a permit program expeditiously as practicable, but in no event later than 3 approved under this section) shall not require a permit under years after the date of issuance of such permit.
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (5) STUDIESThe Administrator, in consultation with the discharge that is incidental to the normal operation of a States, shall conduct a study for the purposes of vessel, if the discharge is from a recreational vessel.
(A) identifying those stormwater discharges or classes of stormwater discharges for which permits are not required SEC. 403. [33 U.S.C. 1343] OCEAN DISCHARGE CRITERIA pursuant to paragraphs (1) and (2) of this subsection; (a) ISSUANCE OF PERMITSNo permit under section 1342 of (B) determining, to the maximum extent practicable, the this title for a discharge into the territorial sea, the waters of nature and extent of pollutants in such discharges; and the contiguous zone, or the oceans shall be issued, after (C) establishing procedures and methods to control promulgation of guidelines established under subsection (c) stormwater discharges to the extent necessary to mitigate of this section, except in compliance with such guidelines.
impacts on water quality. Prior to the promulgation of such guidelines, a permit may Not later than October 1, 1988, the Administrator shall be issued under such section 1342 of this title if the submit to Congress a report on the results of the study Administrator determines it to be in the public interest.
described in subparagraphs (A) and (B). Not later than (b) WAIVERThe requirements of subsection (d) of section October 1, 1989, the Administrator shall submit to Congress 1342 of this title may not be waived in the case of permits a report on the results of the study described in for discharges into the territorial sea.
subparagraph (C). (c) GUIDELINES FOR DETERMINING DEGRADATION OF (6) REGULATIONSNot later than October 1, 1993, the WATERS Administrator, in consultation with State and local officials, (1) The Administrator shall, within one hundred and eighty shall issue regulations (based on the results of the studies days after October 18, 1972 (and from time to time conducted under paragraph (5)) which designate stormwater thereafter), promulgate guidelines for determining the discharges, other than those discharges described in degradation of the waters of the territorial seas, the paragraph (2), to be regulated to protect water quality and contiguous zone, and the oceans, which shall include:
shall establish a comprehensive program to regulate such (A) the effect of disposal of pollutants on human health or designated sources. The program shall, at a minimum, (A) welfare, including but not limited to plankton, fish, establish priorities, (B) establish requirements for State shellfish, wildlife, shorelines, and beaches; stormwater management programs, and (C) establish expeditious deadlines. The program may include (B) the effect of disposal of pollutants on marine life performance standards, guidelines, guidance, and including the transfer, concentration, and dispersal of management practices and treatment requirements, as pollutants or their byproducts through biological, physical, appropriate. and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and (q) COMBINED SEWER OVERFLOWS community population changes; (1) REQUIREMENT FOR PERMITS, ORDERS, AND DECREES (C) the effect of disposal, of pollutants on esthetic, Each permit, order, or decree issued pursuant to this chapter recreation, and economic values; after December 21, 2000 for a discharge from a municipal combined storm and sanitary sewer shall conform to the (D) the persistence and permanence of the effects of Combined Sewer Overflow Control Policy signed by the disposal of pollutants; Administrator on April 11, 1994 (in this subsection referred (E) the effect of the disposal at varying rates, of particular to as the CSO control policy). volumes and concentrations of pollutants; (2) WATER QUALITY AND DESIGNATED USE REVIEW (F) other possible locations and methods of disposal or GUIDANCENot later than July 31, 2001, and after recycling of pollutants including land-based alternatives; providing notice and opportunity for public comment, the and Administrator shall issue guidance to facilitate the conduct (G) the effect on alternate uses of the oceans, such as of water quality and designated use reviews for municipal mineral exploitation and scientific study.
combined sewer overflow receiving waters.
(2) In any event where insufficient information exists on any (3) REPORTNot later than September 1, 2001, the proposed discharge to make a reasonable judgment on any Administrator shall transmit to Congress a report on the of the guidelines established pursuant to this subsection no progress made by the Environmental Protection Agency, permit shall be issued under section 1342 of this title.
States, and municipalities in implementing and enforcing the CSO control policy.
(r) DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF SEC. 404. [33 U.S.C. 1344] PERMITS FOR DREDGED OR RECREATIONAL VESSELSNo permit shall be required under FILL MATERIAL this Act by the Administrator (or a State, in the case of a (a) DISCHARGE INTO NAVIGABLE WATERS AT SPECIFIED permit program approved under subsection (b)) for the DISPOSAL SITESThe Secretary may issue permits, after discharge of any graywater, bilge water, cooling water, notice and opportunity for public hearings for the discharge weather deck runoff, oil water separator effluent, or effluent of dredged or fill material into the navigable waters at from properly functioning marine engines, or any other specified disposal sites. Not later than the fifteenth day after
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 the date an applicant submits all the information required to on the environment or such activities are more appropriately complete an application for a permit under this subsection, authorized by individual permits.
the Secretary shall publish the notice required by this (f) NON-PROHIBITED DISCHARGE OF DREDGED OR FILL subsection. MATERIAL (b) SPECIFICATION FOR DISPOSAL SITESSubject to (1) Except as provided in paragraph (2) of this subsection, subsection (c) of this section, each such disposal site shall the discharge of dredged or fill material be specified for each such permit by the Secretary (1)
(A) from normal farming, silviculture, and ranching through the application of guidelines developed by the activities such as plowing, seeding, cultivating, minor Administrator, in conjunction with the Secretary, which drainage, harvesting for the production of food, fiber, and guidelines shall be based upon criteria comparable to the forest products, or upland soil and water conservation criteria applicable to the territorial seas, the contiguous practices; zone, and the ocean under section 1343(c) of this title, and (2) in any case where such guidelines under clause (1) alone (B) for the purpose of maintenance, including emergency would prohibit the specification of a site, through the reconstruction of recently damaged parts, of currently application additionally of the economic impact of the site serviceable structures such as dikes, dams, levees, groins, on navigation and anchorage. riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures; (c) DENIAL OR RESTRICTION OF USE OF DEFINED AREAS AS DISPOSAL SITESThe Administrator is authorized to (C) for the purpose of construction or maintenance of farm prohibit the specification (including the withdrawal of or stock ponds or irrigation ditches, or the maintenance of specification) of any defined area as a disposal site, and he drainage ditches; is authorized to deny or restrict the use of any defined area (D) for the purpose of construction of temporary for specification (including the withdrawal of specification) sedimentation basins on a construction site which does not as a disposal site, whenever he determines, after notice and include placement of fill material into the navigable waters; opportunity for public hearings, that the discharge of such (E) for the purpose of construction or maintenance of farm materials into such area will have an unacceptable adverse roads or forest roads, or temporary roads for moving mining effect on municipal water supplies, shellfish beds and equipment, where such roads are constructed and fishery areas (including spawning and breeding areas), maintained, in accordance with best management practices, wildlife, or recreational areas. Before making such to assure that flow and circulation patterns and chemical and determination, the Administrator shall consult with the biological characteristics of the navigable waters are not Secretary. The Administrator shall set forth in writing and impaired, that the reach of the navigable waters is not make public his findings and his reasons for making any reduced, and that any adverse effect on the aquatic determination under this subsection. environment will be otherwise minimized; (d) SECRETARY DEFINEDThe term Secretary as used (F) resulting from any activity with respect to which a State in this section means the Secretary of the Army, acting has an approved program under section 1288(b)(4) of this through the Chief of Engineers. title which meets the requirements of subparagraphs (B) and (e) GENERAL PERMITS ON STATE, REGIONAL, OR (C) of such section, NATIONWIDE BASIS is not prohibited by or otherwise subject to regulation under (1) In carrying out his functions relating to the discharge of this section or section 1311(a) or 1342 of this title (except dredged or fill material under this section, the Secretary for effluent standards or prohibitions under section 1317 of may, after notice and opportunity for public hearing, issue this title).
general permits on a State, regional, or nationwide basis for (2) Any discharge of dredged or fill material into the any category of activities involving discharges of dredged or navigable waters incidental to any activity having as its fill material if the Secretary determines that the activities in purpose bringing an area of the navigable waters into a use such category are similar in nature, will cause only minimal to which it was not previously subject, where the flow or adverse environmental effects when performed separately, circulation of navigable waters may be impaired or the reach and will have only minimal cumulative adverse effect on the of such waters be reduced, shall be required to have a permit environment. Any general permit issued under this under this section.
subsection shall (A) be based on the guidelines described in (g) STATE ADMINISTRATION subsection (b)(1) of this section, and (B) set forth the requirements and standards which shall apply to any activity (1) The Governor of any State desiring to administer its own authorized by such general permit. individual and general permit program for the discharge of (2) No general permit issued under this subsection shall be dredged or fill material into the navigable waters (other than for a period of more than five years after the date of its those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement issuance and such general permit may be revoked or modified by the Secretary if, after opportunity for public as a means to transport interstate or foreign commerce hearing, the Secretary determines that the activities shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide authorized by such general permit have an adverse impact
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 shoreward to their mean high water mark, or mean higher least the same extent as required in section 1318 of this title.
high water mark on the west coast, including wetlands (C) To assure that the public, and any other State the waters adjacent thereto) within its jurisdiction may submit to the of which may be affected, receive notice of each application Administrator a full and complete description of the for a permit and to provide an opportunity for public hearing program it proposes to establish and administer under State before a ruling on each such application.
law or under an interstate compact. In addition, such State (D) To assure that the Administrator receives notice of each shall submit a statement from the attorney general (or the application (including a copy thereof) for a permit.
attorney for those State agencies which have independent legal counsel), or from the chief legal officer in the case of (E) To assure that any State (other than the permitting an interstate agency, that the laws of such State, or the State), whose waters may be affected by the issuance of a interstate compact, as the case may be, provide adequate permit may submit written recommendations to the authority to carry out the described program. permitting State (and the Administrator) with respect to any permit application and, if any part of such written (2) Not later than the tenth day after the date of the receipt recommendations are not accepted by the permitting State, of the program and statement submitted by any State under that the permitting State will notify such affected State (and paragraph (1) of this subsection, the Administrator shall the Administrator) in writing of its failure to so accept such provide copies of such program and statement to the recommendations together with its reasons for so doing.
Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (F) To assure that no permit will be issued if, in the judgment of the Secretary, after consultation with the (3) Not later than the ninetieth day after the date of the Secretary of the department in which the Coast Guard is receipt by the Administrator of the program and statement operating, anchorage and navigation of any of the navigable submitted by any State, under paragraph (1) of this waters would be substantially impaired thereby.
subsection, the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and (G) To abate violations of the permit or the permit program, Wildlife Service, shall submit any comments with respect to including civil and criminal penalties and other ways and such program and statement to the Administrator in writing. means of enforcement.
(h) DETERMINATION OF STATES AUTHORITY TO ISSUE (H) To assure continued coordination with Federal and PERMITS UNDER STATE PROGRAM; APPROVAL; Federal-State water-related planning and review processes.
NOTIFICATION; TRANSFERS TO STATE PROGRAM (2) If, with respect to a State program submitted under (1) Not later than the one-hundred-twentieth day after the subsection (g)(1) of this section, the Administrator date of the receipt by the Administrator of a program and determines that such State statement submitted by any State under paragraph (1) of this (A) has the authority set forth in paragraph (1) of this subsection, the Administrator shall determine, taking into subsection, the Administrator shall approve the program and account any comments submitted by the Secretary and the so notify (i) such State and (ii) the Secretary, who upon Secretary of the Interior, acting through the Director of the subsequent notification from such State that it is United States Fish and Wildlife Service, pursuant to administering such program, shall suspend the issuance of subsection (g) of this section, whether such State has the permits under subsections (a) and (e) of this section for following authority with respect to the issuance of permits activities with respect to which a permit may be issued pursuant to such program: pursuant to such State program; or (A) To issue permits which (B) does not have the authority set forth in paragraph (1) of (i) apply, and assure compliance with, any applicable this subsection, the Administrator shall so notify such State, requirements of this section, including, but not limited to, which notification shall also describe the revisions or the guidelines established under subsection (b)(1) of this modifications necessary so that such State may resubmit section, and sections 1317 and 1343 of this title; such program for a determination by the Administrator under this subsection.
(ii) are for fixed terms not exceeding five years; and (3) If the Administrator fails to make a determination with (iii) can be terminated or modified for cause including, but respect to any program submitted by a State under not limited to, the following:
subsection (g)(1) of this section within one-hundred-twenty (I) violation of any condition of the permit; days after the date of the receipt of such program, such (II) obtaining a permit by misrepresentation, or failure to program shall be deemed approved pursuant to paragraph disclose fully all relevant facts; (2)(A) of this subsection and the Administrator shall so (III) change in any condition that requires either a temporary notify such State and the Secretary who, upon subsequent or permanent reduction or elimination of the permitted notification from such State that it is administering such discharge. program, shall suspend the issuance of permits under subsection (a) and (e) of this section for activities with (B) To issue permits which apply, and assure compliance respect to which a permit may be issued by such State.
with, all applicable requirements of section 1318 of this title, or to inspect, monitor, enter, and require reports to at (4) After the Secretary receives notification from the Administrator under paragraph (2) or (3) of this subsection
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 that a State permit program has been approved, the date of such receipt. If such State is so notified by the Secretary shall transfer any applications for permits pending Administrator, it shall not issue the proposed permit until before the Secretary for activities with respect to which a after the receipt of such comments from the Administrator, permit may be issued pursuant to such State program to or after such ninetieth day, whichever first occurs. Such such State for appropriate action. State shall not issue such proposed permit after such (5) Upon notification from a State with a permit program ninetieth day if it has received such written comments in approved under this subsection that such State intends to which the Administrator objects (A) to the issuance of such administer and enforce the terms and conditions of a general proposed permit and such proposed permit is one that has permit issued by the Secretary under subsection (e) of this been submitted to the Administrator pursuant to subsection section with respect to activities in such State to which such (h)(1)(E) of this section, or (B) to the issuance of such general permit applies, the Secretary shall suspend the proposed permit as being outside the requirements of this administration and enforcement of such general permit with section, including, but not limited to, the guidelines respect to such activities. developed under subsection (b)(1) of this section unless it modifies such proposed permit in accordance with such (i) WITHDRAWAL OF APPROVALWhenever the comments. Whenever the Administrator objects to the Administrator determines after public hearing that a State is issuance of a permit under the preceding sentence such not administering a program approved under subsection written objection shall contain a statement of the reasons for (h)(2)(A) of this section, in accordance with this section, such objection and the conditions which such permit would including, but not limited to, the guidelines established include if it were issued by the Administrator. In any case under subsection (b)(1) of this section, the Administrator where the Administrator objects to the issuance of a permit, shall so notify the State, and, if appropriate corrective action on request of the State, a public hearing shall be held by the is not taken within a reasonable time, not to exceed ninety Administrator on such objection. If the State does not days after the date of the receipt of such notification, the resubmit such permit revised to meet such objection within Administrator shall (1) withdraw approval of such program 30 days after completion of the hearing or, if no hearing is until the Administrator determines such corrective action requested within 90 days after the date of such objection, the has been taken, and (2) notify the Secretary that the Secretary may issue the permit pursuant to subsection (a) or Secretary shall resume the program for the issuance of (e) of this section, as the case may be, for such source in permits under subsections (a) and (e) of this section for accordance with the guidelines and requirements of this activities with respect to which the State was issuing chapter.
permits and that such authority of the Secretary shall continue in effect until such time as the Administrator (k) WAIVERIn accordance with guidelines promulgated makes the determination described in clause (1) of this pursuant to subsection (i)(2) of section 1314 of this title, the subsection and such State again has an approved program. Administrator is authorized to waive the requirements of subsection (j) of this section at the time of the approval of a (j) COPIES OF APPLICATIONS FOR STATE PERMITS AND program pursuant to subsection (h)(2)(A) of this section for PROPOSED GENERAL PERMITS TO BE TRANSMITTED TO any category (including any class, type, or size within such ADMINISTRATOREach State which is administering a category) of discharge within the State submitting such permit program pursuant to this section shall transmit to the program.
Administrator (1) a copy of each permit application received by such State and provide notice to the Administrator of (l) CATEGORIES OF DISCHARGES NOT SUBJECT TO every action related to the consideration of such permit REQUIREMENTSThe Administrator shall promulgate application, including each permit proposed to be issued by regulations establishing categories of discharges which he such State, and (2) a copy of each proposed general permit determines shall not be subject to the requirements of which such State intends to issue. Not later than the tenth subsection (j) of this section in any State with a program day after the date of the receipt of such permit application or approved pursuant to subsection (h)(2)(A) of this section.
such proposed general permit, the Administrator shall The Administrator may distinguish among classes, types, provide copies of such permit application or such proposed and sizes within any category of discharges.
general permit to the Secretary and the Secretary of the (m) COMMENTS ON PERMIT APPLICATIONS OR PROPOSED Interior, acting through the Director of the United States GENERAL PERMITS BY SECRETARY OF THE INTERIOR ACTING Fish and Wildlife Service. If the Administrator intends to THROUGH DIRECTOR OF UNITED STATES FISH AND WILDLIFE provide written comments to such State with respect to such SERVICENot later than the ninetieth day after the date on permit application or such proposed general permit, he shall which the Secretary notifies the Secretary of the Interior, so notify such State not later than the thirtieth day after the acting through the Director of the United States Fish and date of the receipt of such application or such proposed Wildlife Service that (1) an application for a permit under general permit and provide such written comments to such subsection (a) of this section has been received by the State, after consideration of any comments made in writing Secretary, or (2) the Secretary proposes to issue a general with respect to such application or such proposed general permit under subsection (e) of this section, the Secretary of permit by the Secretary and the Secretary of the Interior, the Interior, acting through the Director of the United States acting through the Director of the United States Fish and Fish and Wildlife Service, shall submit any comments with Wildlife Service, not later than the ninetieth day after the respect to such application or such proposed general permit
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 in writing to the Secretary. or limitation, or the Secretary shall bring a civil action in (n) ENFORCEMENT AUTHORITY NOT LIMITEDNothing in accordance with paragraph (3) of this subsection.
this section shall be construed to limit the authority of the (2) A copy of any order issued under this subsection shall be Administrator to take action pursuant to section 1319 of this sent immediately by the Secretary to the State in which the title. violation occurs and other affected States. Any order issued (o) PUBLIC AVAILABILITY OF PERMITS AND PERMIT under this subsection shall be by personal service and shall APPLICATIONSA copy of each permit application and each state with reasonable specificity the nature of the violation, permit issued under this section shall be available to the specify a time for compliance, not to exceed thirty days, public. Such permit application or portion thereof, shall which the Secretary determines is reasonable, taking into further be available on request for the purpose of account the seriousness of the violation and any good faith reproduction. efforts to comply with applicable requirements. In any case in which an order under this subsection is issued to a (p) COMPLIANCECompliance with a permit issued corporation, a copy of such order shall be served on any pursuant to this section, including any activity carried out appropriate corporate officers.
pursuant to a general permit issued under this section, shall be deemed compliance, for purposes of sections 1319 and (3) The Secretary is authorized to commence a civil action 1365 of this title, with sections 1311, 1317, and 1343 of this for appropriate relief, including a permanent or temporary title. injunction for any violation for which he is authorized to issue a compliance order under paragraph (1) of this (q) MINIMIZATION OF DUPLICATION, NEEDLESS PAPERWORK, subsection. Any action under this paragraph may be brought AND DELAYS IN ISSUANCE; AGREEMENTSNot later than the in the district court of the United States for the district in one-hundred-eightieth day after December 27, 1977, the which the defendant is located or resides or is doing Secretary shall enter into agreements with the business, and such court shall have jurisdiction to restrain Administrator, the Secretaries of the Departments of such violation and to require compliance. Notice of the Agriculture, Commerce, Interior, and Transportation, and commencement of such acton [sic] shall be given the heads of other appropriate Federal agencies to minimize, immediately to the appropriate State.
to the maximum extent practicable, duplication, needless paperwork, and delays in the issuance of permits under this (4) Any person who violates any condition or limitation in a section. Such agreements shall be developed to assure that, permit issued by the Secretary under this section, and any to the maximum extent practicable, a decision with respect person who violates any order issued by the Secretary under to an application for a permit under subsection (a) of this paragraph (1) of this subsection, shall be subject to a civil section will be made not later than the ninetieth day after the penalty not to exceed $25,000 per day for each violation. In date the notice for such application is published under determining the amount of a civil penalty the court shall subsection (a) of this section. consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any (r) FEDERAL PROJECTS SPECIFICALLY AUTHORIZED BY history of such violations, any good-faith efforts to comply CONGRESSThe discharge of dredged or fill material as with the applicable requirements, the economic impact of part of the construction of a Federal project specifically the penalty on the violator, and such other matters as justice authorized by Congress, whether prior to or on or after may require.
December 27, 1977, is not prohibited by or otherwise subject to regulation under this section, or a State program (t) NAVIGABLE WATERS WITHIN STATE JURISDICTION approved under this section, or section 1311(a) or 1342 of Nothing in this section shall preclude or deny the right of this title (except for effluent standards or prohibitions under any State or interstate agency to control the discharge of section 1317 of this title), if information on the effects of dredged or fill material in any portion of the navigable such discharge, including consideration of the guidelines waters within the jurisdiction of such State, including any developed under subsection (b)(1) of this section, is activity of any Federal agency, and each such agency shall included in an environmental impact statement for such comply with such State or interstate requirements both project pursuant to the National Environmental Policy Act substantive and procedural to control the discharge of of 1969 [42 U.S.C. § 4321 et seq.] and such environmental dredged or fill material to the same extent that any person is impact statement has been submitted to Congress before the subject to such requirements. This section shall not be actual discharge of dredged or fill material in connection construed as affecting or impairing the authority of the with the construction of such project and prior to either Secretary to maintain navigation.
authorization of such project or an appropriation of funds for such construction.
SEC. 405. [33 U.S.C. 1345] DISPOSAL OF SEWAGE (s) VIOLATION OF PERMITS SLUDGE (1) Whenever on the basis of any information available to (a) PERMITNotwithstanding any other provision of this him the Secretary finds that any person is in violation of any chapter or of any other law, in any case where the disposal condition or limitation set forth in a permit issued by the of sewage sludge resulting from the operation of a treatment Secretary under this section, the Secretary shall issue an works as defined in section 1292 of this title (including the order requiring such person to comply with such condition removal of in-place sewage sludge from one location and its
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 deposit at another location) would result in any pollutant in sewage sludge in concentrations which may adversely from such sewage sludge entering the navigable waters, affect public health or the environment, and propose such disposal is prohibited except in accordance with a regulations specifying acceptable management practices for permit issued by the Administrator under section 1342 of sewage sludge containing each such toxic pollutant and this title. establishing numerical limitations for each pollutant for (b) ISSUANCE OF PERMIT; REGULATIONSThe Administrator each such use identified under paragraph (1)(A).
shall issue regulations governing the issuance of permits for (ii) FINAL REGULATIONSNot later than June 15, 1988, the the disposal of sewage sludge subject to subsection (a) of Administrator shall promulgate the regulations required by this section and section 1342 of this title. Such regulations subparagraph (B)(i).
shall require the application to such disposal of each (C) REVIEWFrom time to time, but not less often than criterion, factor, procedure, and requirement applicable to a every 2 years, the Administrator shall review the regulations permit issued under section 1342 of this title. promulgated under this paragraph for the purpose of (c) STATE PERMIT PROGRAMEach State desiring to identifying additional toxic pollutants and promulgating administer its own permit program for disposal of sewage regulations for such pollutants consistent with the sludge subject to subsection (a) of this section within its requirements of this paragraph.
jurisdiction may do so in accordance with section 1342 of (D) MINIMUM STANDARDS; COMPLIANCE DATEThe this title. management practices and numerical criteria established (d) REGULATIONS under subparagraphs (A), (B), and (C) shall be adequate to (1) REGULATIONSThe Administrator, after consultation protect public health and the environment from any with appropriate Federal and State agencies and other reasonably anticipated adverse effects of each pollutant.
interested persons, shall develop and publish, within one Such regulations shall require compliance as expeditiously year after December 27, 1977, and from time to time as practicable but in no case later than 12 months after their thereafter, regulations providing guidelines for the disposal publication, unless such regulations require the construction of sludge and the utilization of sludge for various purposes. of new pollution control facilities, in which case the Such regulations shall regulations shall require compliance as expeditiously as practicable but in no case later than two years from the date (A) identify uses for sludge, including disposal; of their publication.
(B) specify factors to be taken into account in determining (3) ALTERNATIVE STANDARDSFor purposes of this the measures and practices applicable to each such use or subsection, if, in the judgment of the Administrator, it is not disposal (including publication of information on costs);
feasible to prescribe or enforce a numerical limitation for a (C) identify concentrations of pollutants which interfere pollutant identified under paragraph (2), the Administrator with each such use or disposal. may instead promulgate a design, equipment, management The Administrator is authorized to revise any regulation practice, or operational standard, or combination thereof, issued under this subsection. which in the Administrators judgment is adequate to (2) IDENTIFICATION AND REGULATION OF TOXIC protect public health and the environment from any POLLUTANTS reasonably anticipated adverse effects of such pollutant. In the event the Administrator promulgates a design or (A) ON BASIS OF AVAILABLE INFORMATION equipment standard under this subsection, the Administrator (i) PROPOSED REGULATIONSNot later than November 30, shall include as part of such standard such requirements as 1986, the Administrator shall identify those toxic pollutants will assure the proper operation and maintenance of any which, on the basis of available information on their such element of design or equipment.
toxicity, persistence, concentration, mobility, or potential (4) CONDITIONS ON PERMITSPrior to the promulgation of for exposure, may be present in sewage sludge in the regulations required by paragraph (2), the Administrator concentrations which may adversely affect public health or shall impose conditions in permits issued to publicly owned the environment, and propose regulations specifying treatment works under section 1342 of this title or take such acceptable management practices for sewage sludge other measures as the Administrator deems appropriate to containing each such toxic pollutant and establishing protect public health and the environment from any adverse numerical limitations for each such pollutant for each use effects which may occur from toxic pollutants in sewage identified under paragraph (1)(A).
sludge.
(ii) FINAL REGULATIONSNot later than August 31, 1987, (5) LIMITATION ON STATUTORY CONSTRUCTIONNothing in and after opportunity for public hearing, the Administrator this section is intended to waive more stringent shall promulgate the regulations required by subparagraph requirements established by this chapter or any other law.
(A)(i).
(e) MANNER OF SLUDGE DISPOSALThe determination of (B) OTHERS the manner of disposal or use of sludge is a local (i) PROPOSED REGULATIONSNot later than July 31, 1987, determination, except that it shall be unlawful for any the Administrator shall identify those toxic pollutants not person to dispose of sludge from a publicly owned treatment identified under subparagraph (A)(i) which may be present works or any other treatment works treating domestic
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 sewage for any use for which regulations have been years beginning after September 30, 1986, not to exceed established pursuant to subsection (d) of this section, except $5,000,000.
in accordance with such regulations.
(f) IMPLEMENTATION OF REGULATIONS SEC. 406. [33 U.S.C. 1346] COASTAL RECREATION (1) THROUGH SECTION 1342 PERMITS WATER QUALITY MONITORING AND NOTIFICATION Any permit issued under section 1342 of this title to a (a) MONITORING AND NOTIFICATION publicly owned treatment works or any other treatment (1) IN GENERALNot later than 18 months after October 10, works treating domestic sewage shall include requirements 2000, after consultation and in cooperation with appropriate for the use and disposal of sludge that implement the Federal, State, tribal, and local officials (including local regulations established pursuant to subsection (d) of this health officials), and after providing public notice and an section, unless such requirements have been included in a opportunity for comment, the Administrator shall publish permit issued under the appropriate provisions of subtitle C performance criteria for of the Solid Waste Disposal Act [42 U.S.C. § 6921 et seq.],
(A) monitoring and assessment (including specifying part C of the Safe Drinking Water Act [42 U.S.C. § 300h et available methods for monitoring) of coastal recreation seq.], the Marine Protection, Research, and Sanctuaries Act waters adjacent to beaches or similar points of access that of 1972 [33 U.S.C. § 1401 et seq.], or the Clean Air Act [42 are used by the public for attainment of applicable water U.S.C. § 7401 et seq.], or under State permit programs quality standards for pathogens and pathogen indicators; and approved by the Administrator, where the Administrator determines that such programs assure compliance with any (B) the prompt notification of the public, local governments, applicable requirements of this section. Not later than and the Administrator of any exceeding of or likelihood of December 15, 1986, the Administrator shall promulgate exceeding applicable water quality standards for coastal procedures for approval of State programs pursuant to this recreation waters described in subparagraph (A).
paragraph. (2) LEVEL OF PROTECTION (2) THROUGH OTHER PERMITSIn the case of a treatment The performance criteria referred to in paragraph (1) shall works described in paragraph (1) that is not subject to provide that the activities described in subparagraphs (A) section 1342 of this title and to which none of the other and (B) of that paragraph shall be carried out as necessary above listed permit programs nor approved State permit for the protection of public health and safety.
authority apply, the Administrator may issue a permit to (b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS such treatment works solely to impose requirements for the use and disposal of sludge that implement the regulations (1) IN GENERALThe Administrator may make grants to established pursuant to subsection (d) of this section. The States and local governments to develop and implement Administrator shall include in the permit appropriate programs for monitoring and notification for coastal requirements to assure compliance with the regulations recreation waters adjacent to beaches or similar points of access that are used by the public.
established pursuant to subsection (d) of this section. The Administrator shall establish procedures for issuing permits (2) LIMITATIONS pursuant to this paragraph. (A) IN GENERALThe Administrator may award a grant to a (g) STUDIES AND PROJECTS State or a local government to implement a monitoring and (1) GRANT PROGRAM; INFORMATION GATHERINGThe notification program if Administrator is authorized to conduct or initiate scientific (i) the program is consistent with the performance criteria studies, demonstration projects, and public information and published by the Administrator under subsection (a) of this education projects which are designed to promote the safe section; and beneficial management or use of sewage sludge for such (ii) the State or local government prioritizes the use of grant purposes as aiding the restoration of abandoned mine sites, funds for particular coastal recreation waters based on the conditioning soil for parks and recreation areas, agricultural use of the water and the risk to human health presented by and horticultural uses, and other beneficial purposes. For the pathogens or pathogen indicators; purposes of carrying out this subsection, the Administrator (iii) the State or local government makes available to the may make grants to State water pollution control agencies, Administrator the factors used to prioritize the use of funds other public or nonprofit agencies, institutions, under clause (ii);
organizations, and individuals. In cooperation with other Federal departments and agencies, other public and private (iv) the State or local government provides a list of discrete agencies, institutions, and organizations, the Administrator areas of coastal recreation waters that are subject to the is authorized to collect and disseminate information program for monitoring and notification for which the grant pertaining to the safe and beneficial use of sewage sludge. is provided that specifies any coastal recreation waters for which fiscal constraints will prevent consistency with the (2) AUTHORIZATION OF APPROPRIATIONSFor the purposes performance criteria under subsection (a) of this section; of carrying out the scientific studies, demonstration projects, and and public information and education projects authorized in this section, there is authorized to be appropriated for fiscal (v) the public is provided an opportunity to review the
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 program through a process that provides for public notice of coastal recreation waters based on and an opportunity for comment. (A) the periods of recreational use of the waters; (B) GRANTS TO LOCAL GOVERNMENTSThe Administrator (B) the nature and extent of use during certain periods; may make a grant to a local government under this (C) the proximity of the waters to known point sources and subsection for implementation of a monitoring and nonpoint sources of pollution; and notification program only if, after the 1-year period beginning on the date of publication of performance criteria (D) any effect of storm events on the waters; under subsection (a)(1) of this section, the Administrator (4)(A) the methods to be used for detecting levels of determines that the State is not implementing a program that pathogens and pathogen indicators that are harmful to meets the requirements of this subsection, regardless of human health; and whether the State has received a grant under this subsection. (B) the assessment procedures for identifying short-term (3) OTHER REQUIREMENTS increases in pathogens and pathogen indicators that are (A) REPORTA State recipient of a grant under this harmful to human health in coastal recreation waters subsection shall submit to the Administrator, in such format (including increases in relation to storm events);
and at such intervals as the Administrator determines to be (5) measures for prompt communication of the occurrence, appropriate, a report that describes nature, location, pollutants involved, and extent of any (i) data collected as part of the program for monitoring and exceeding of, or likelihood of exceeding, applicable water notification as described in subsection (c) of this section; quality standards for pathogens and pathogen indicators and to (ii) actions taken to notify the public when water quality (A) the Administrator, in such form as the Administrator standards are exceeded. determines to be appropriate; and (B) DELEGATIONA State recipient of a grant under this (B) a designated official of a local government having subsection shall identify each local government to which the jurisdiction over land adjoining the coastal recreation waters State has delegated or intends to delegate responsibility for for which the failure to meet applicable standards is implementing a monitoring and notification program identified; consistent with the performance criteria published under (6) measures for the posting of signs at beaches or similar subsection (a) of this section (including any coastal points of access, or functionally equivalent communication recreation waters for which the authority to implement a measures that are sufficient to give notice to the public that monitoring and notification program would be subject to the the coastal recreation waters are not meeting or are not delegation). expected to meet applicable water quality standards for (4) FEDERAL SHARE pathogens and pathogen indicators; and (A) IN GENERALThe Administrator, through grants (7) measures that inform the public of the potential risks awarded under this section, may pay up to 100 percent of associated with water contact activities in the coastal the costs of developing and implementing a program for recreation waters that do not meet applicable water quality monitoring and notification under this subsection. standards.
(B) NON-FEDERAL SHAREThe non-Federal share of the (d) FEDERAL AGENCY PROGRAMSNot later than 3 years costs of developing and implementing a monitoring and after October 10, 2000, each Federal agency that has notification program may be jurisdiction over coastal recreation waters adjacent to beaches or similar points of access that are used by the (i) in an amount not to exceed 50 percent, as determined by public shall develop and implement, through a process that the Administrator in consultation with State, tribal, and local provides for public notice and an opportunity for comment, government representatives; and a monitoring and notification program for the coastal (ii) provided in cash or in kind. recreation waters that (c) CONTENT OF STATE AND LOCAL GOVERNMENT (1) protects the public health and safety; PROGRAMSAs a condition of receipt of a grant under (2) is consistent with the performance criteria published subsection (b) of this section, a State or local government under subsection (a) of this section; program for monitoring and notification under this section shall identify (3) includes a completed report on the information specified in subsection (b)(3)(A) of this section, to be submitted to the (1) lists of coastal recreation waters in the State, including Administrator; and coastal recreation waters adjacent to beaches or similar points of access that are used by the public; (4) addresses the matters specified in subsection (c) of this section.
(2) in the case of a State program for monitoring and notification, the process by which the State may delegate to (e) DATABASEThe Administrator shall establish, local governments responsibility for implementing the maintain, and make available to the public by electronic and monitoring and notification program; other means a national coastal recreation water pollution occurrence database that provides (3) the frequency and location of monitoring and assessment
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (1) the data reported to the Administrator under subsections monitoring and notification programs by the Administrator (b)(3)(A)(i) and (d)(3) of this section; and under subsection (h), $30,000,000 for each of fiscal years (2) other information concerning pathogens and pathogen 2001 through 2005.
indicators in coastal recreation waters that (A) is made available to the Administrator by a State or SUBCHAPTER VGENERAL local government, from a coastal water quality monitoring program of the State or local government; and PROVISIONS (B) the Administrator determines should be included. SEC. 501. [33 U.S.C. 1361] ADMINISTRATION (f) TECHNICAL ASSISTANCE FOR MONITORING FLOATABLE (a) AUTHORITY OF ADMINISTRATOR TO PRESCRIBE MATERIALThe Administrator shall provide technical REGULATIONSThe Administrator is authorized to assistance to States and local governments for the prescribe such regulations as are necessary to carry out his development of assessment and monitoring procedures for functions under this chapter.
floatable material to protect public health and safety in (b) UTILIZATION OF OTHER AGENCY OFFICERS AND coastal recreation waters. EMPLOYEESThe Administrator, with the consent of the (g) LIST OF WATERS head of any other agency of the United States, may utilize such officers and employees of such agency as may be (1) IN GENERALBeginning not later than 18 months after found necessary to assist in carrying out the purposes of this the date of publication of performance criteria under chapter.
subsection (a) of this section, based on information made available to the Administrator, the Administrator shall (c) RECORDKEEPINGEach recipient of financial assistance identify, and maintain a list of, discrete coastal recreation under this chapter shall keep such records as the waters adjacent to beaches or similar points of access that Administrator shall prescribe, including records which fully are used by the public that disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or (A) specifies any waters described in this paragraph that are undertaking in connection with which such assistance is subject to a monitoring and notification program consistent given or used, and the amount of that portion of the cost of with the performance criteria established under subsection the project or undertaking supplied by other sources, and (a) of this section; and such other records as will facilitate effective audit.
(B) specifies any waters described in this paragraph for (d) AUDITThe Administrator and the Comptroller General which there is no monitoring and notification program of the United States, or any of their duly authorized (including waters for which fiscal constraints will prevent representatives, shall have access, for the purpose of audit the State or the Administrator from performing monitoring and examination, to any books, documents, papers, and and notification consistent with the performance criteria records of the recipients that are pertinent to the grants established under subsection (a) of this section). received under this chapter. For the purpose of carrying out (2) AVAILABILITYThe Administrator shall make the list audits and examinations with respect to recipients of Federal described in paragraph (1) available to the public through assistance under this chapter, the Administrator is (A) publication in the Federal Register; and authorized to enter into noncompetitive procurement (B) electronic media. contracts with independent State audit organizations, consistent with chapter 75 of Title 31. Such contracts may (3) UPDATESThe Administrator shall update the list only be entered into to the extent and in such amounts as described in paragraph (1) periodically as new information may be provided in advance in appropriation Acts.
becomes available.
(e) AWARDS FOR OUTSTANDING TECHNOLOGICAL (h) EPA IMPLEMENTATIONIn the case of a State that has ACHIEVEMENT OR INNOVATIVE PROCESSES, METHODS, OR no program for monitoring and notification that is consistent DEVICES IN WASTE TREATMENT AND POLLUTION ABATEMENT with the performance criteria published under subsection (a) PROGRAMS of this section after the last day of the 3-year period beginning on the date on which the Administrator lists (1) It is the purpose of this subsection to authorize a waters in the State under subsection (g)(1)(B) of this program which will provide official recognition by the section, the Administrator shall conduct a monitoring and United States Government to those industrial organizations notification program for the listed waters based on a priority and political subdivisions of States which during the ranking established by the Administrator using funds preceding year demonstrated an outstanding technological appropriated for grants under subsection (i) of this section achievement or an innovative process, method, or device in their waste treatment and pollution abatement programs.
(1) to conduct monitoring and notification; and The Administrator shall, in consultation with the appropriate (2) for related salaries, expenses, and travel. State water pollution control agencies, establish regulations (i) AUTHORIZATION OF APPROPRIATIONSThere is under which such recognition may be applied for and authorized to be appropriated for making grants under granted, except that no applicant shall be eligible for an subsection (b) of this section, including implementation of award under this subsection if such applicant is not in total compliance with all applicable water quality requirements
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 under this chapter, or otherwise does not have a satisfactory within the meaning of section 1322 of this title; or (B) record with respect to environmental quality. water, gas, or other material which is injected into a well to (2) The Administrator shall award a certificate or plaque of facilitate production of oil or gas, or water derived in suitable design to each industrial organization or political association with oil or gas production and disposed of in a subdivision which qualifies for such recognition under well, if the well used either to facilitate production or for regulations established under this subsection. disposal purposes is approved by authority of the State in which the well is located, and if such State determines that (3) The President of the United States, the Governor of the such injection or disposal will not result in the degradation appropriate State, the Speaker of the House of of ground or surface water resources.
Representatives, and the President pro tempore of the Senate shall be notified of the award by the Administrator and the (7) The term navigable waters means the waters of the awarding of such recognition shall be published in the United States, including the territorial seas.
Federal Register. (8) The term territorial seas means the belt of the seas (f) DETAIL OF ENVIRONMENTAL PROTECTION AGENCY measured from the line of ordinary low water along that PERSONNEL TO STATE WATER POLLUTION CONTROL portion of the coast which is in direct contact with the open AGENCIESUpon the request of a State water pollution sea and the line marking the seaward limit of inland waters, control agency, personnel of the Environmental Protection and extending seaward a distance of three miles.
Agency may be detailed to such agency for the purpose of (9) The term contiguous zone means the entire zone carrying out the provisions of this chapter. established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.
SEC. 502. [33 U.S.C. 1362] DEFINITIONS (10) The term ocean means any portion of the high seas Except as otherwise specifically provided, when used in this beyond the contiguous zone.
chapter:
(11) The term effluent limitation means any restriction (1) The term State water pollution control agency means established by a State or the Administrator on quantities, the State agency designated by the Governor having rates, and concentrations of chemical, physical, biological, responsibility for enforcing State laws relating to the and other constituents which are discharged from point abatement of pollution.
sources into navigable waters, the waters of the contiguous (2) The term interstate agency means an agency of two or zone, or the ocean, including schedules of compliance.
more States established by or pursuant to an agreement or (12) The term discharge of a pollutant and the term compact approved by the Congress, or any other agency of discharge of pollutants each means (A) any addition of two or more States, having substantial powers or duties any pollutant to navigable waters from any point source, (B) pertaining to the control of pollution as determined and any addition of any pollutant to the waters of the contiguous approved by the Administrator.
zone or the ocean from any point source other than a vessel (3) The term State means a State, the District of or other floating craft.
Columbia, the Commonwealth of Puerto Rico, the Virgin (13) The term toxic pollutant means those pollutants, or Islands, Guam, American Samoa, the Commonwealth of the combinations of pollutants, including disease-causing Northern Mariana Islands, and the Trust Territory of the agents, which after discharge and upon exposure, ingestion, Pacific Islands.
inhalation or assimilation into any organism, either directly (4) The term municipality means a city, town, borough, from the environment or indirectly by ingestion through county, parish, district, association, or other public body food chains, will, on the basis of information available to created by or pursuant to State law and having jurisdiction the Administrator, cause death, disease, behavioral over disposal of sewage, industrial wastes, or other wastes, abnormalities, cancer, genetic mutations, physiological or an Indian tribe or an authorized Indian tribal malfunctions (including malfunctions in reproduction) or organization, or a designated and approved management physical deformations, in such organisms or their offspring.
agency under section 1288 of this title.
(14) The term point source means any discernible, (5) The term person means an individual, corporation, confined and discrete conveyance, including but not limited partnership, association, State, municipality, commission, or to any pipe, ditch, channel, tunnel, conduit, well, discrete political subdivision of a State, or any interstate body. fissure, container, rolling stock, concentrated animal feeding (6) The term pollutant means dredged spoil, solid waste, operation, or vessel or other floating craft, from which incinerator residue, sewage, garbage, sewage sludge, pollutants are or may be discharged. This term does not munitions, chemical wastes, biological materials, include agricultural stormwater discharges and return flows radioactive materials, heat, wrecked or discarded equipment, from irrigated agriculture.
rock, sand, cellar dirt and industrial, municipal, and (15) The term biological monitoring shall mean the agricultural waste discharged into water. This term does not determination of the effects on aquatic life, including mean (A) sewage from vessels or a discharge incidental to accumulation of pollutants in tissue, in receiving waters due the normal operation of a vessel of the Armed Forces to the discharge of pollutants (A) by techniques and
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 procedures, including sampling of organisms representative infectious disease.
of appropriate levels of the food chain appropriate to the (24) OIL AND GAS EXPLORATION AND PRODUCTIONThe volume and the physical, chemical, and biological term oil and gas exploration, production, processing, or characteristics of the effluent, and (B) at appropriate treatment operations or transmission facilities means all frequencies and locations. field activities or operations associated with exploration, (16) The term discharge when used without qualification production, processing, or treatment operations, or includes a discharge of a pollutant, and a discharge of transmission facilities, including activities necessary to pollutants. prepare a site for drilling and for the movement and (17) The term schedule of compliance means a schedule placement of drilling equipment, whether or not such field of remedial measures including an enforceable sequence of activities or operations may be considered to be construction actions or operations leading to compliance with an effluent activities.
limitation, other limitation, prohibition, or standard. (25) Recreational vessel (18) The term industrial user means those industries (A) In generalThe term recreational vessel means any identified in the Standard Industrial Classification Manual, vessel that is Bureau of the Budget, 1967, as amended and supplemented, (i) manufactured or used primarily for pleasure; or under the category of Division DManufacturing and (ii) leased, rented, or chartered to a person for the pleasure such other classes of significant waste producers as, by of that person.
regulation, the Administrator deems appropriate.
(B) Exclusion--The term recreational vessel does not (19) The term pollution means the man-made or man-include a vessel that is subject to Coast Guard inspection induced alteration of the chemical, physical, biological, and and that radiological integrity of water.
(i) is engaged in commercial use; or (20) The term medical waste means isolation wastes; infectious agents; human blood and blood products; (ii) carries paying passengers.
pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional SEC. 503. [33 U.S.C. 1363] WATER POLLUTION medical items as the Administrator shall prescribe by CONTROL ADVISORY BOARD regulation. (a) ESTABLISHMENT; COMPOSITION; TERMS OF OFFICE (1) There is hereby established in the Environmental (21) COASTAL RECREATION WATERS Protection Agency a Water Pollution Control Advisory (A) IN GENERALThe term coastal recreation waters Board, composed of the Administrator or his designee, who means shall be Chairman, and nine members appointed by the (i) the Great Lakes; and President, none of whom shall be Federal officers or (ii) marine coastal waters (including coastal estuaries) that employees. The appointed members, having due regard for are designated under section 1313(c) of this title by a State the purposes of this chapter, shall be selected from among for use for swimming, bathing, surfing, or similar water representatives of various State, interstate, and local contact activities. governmental agencies, of public or private interests contributing to, affected by, or concerned with pollution, (B) EXCLUSIONSThe term coastal recreation waters and of other public and private agencies, organizations, or does not include groups demonstrating an active interest in the field of (i) inland waters; or pollution prevention and control, as well as other (ii) waters upstream of the mouth of a river or stream having individuals who are expert in this field.
an unimpaired natural connection with the open sea. (2)(A) Each member appointed by the President shall hold (22) FLOATABLE MATERIAL office for a term of three years, except that (i) any member (A) IN GENERALThe term floatable material means any appointed to fill a vacancy occurring prior to the expiration foreign matter that may float or remain suspended in the of the term for which his predecessor was appointed shall be water column. appointed for the remainder of such term, and (ii) the terms of office of the members first taking office after June 30, (B) INCLUSIONSThe term floatable material includes 1956, shall expire as follows: three at the end of one year (i) plastic; after such date, three at the end of two years after such date, (ii) aluminum cans; and three at the end of three years after such date, as (iii) wood products; designated by the President at the time of appointment, and (iii) the term of any member under the preceding provisions (iv) bottles; and shall be extended until the date on which his successors (v) paper products. appointment is effective. None of the members appointed by (23) PATHOGEN INDICATORThe term pathogen indicator the President shall be eligible for reappointment within one means a substance that indicates the potential for human year after the end of his preceding term.
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (B) The members of the Board who are not officers or penalties under section 1319(d) of this title.
employees of the United States, while attending conferences (b) NOTICENo action may be commenced or meetings of the Board or while serving at the request of (1) under subsection (a)(1) of this section the Administrator, shall be entitled to receive compensation at a rate to be fixed by the Administrator, but not exceeding (A) prior to sixty days after the plaintiff has given notice of
$100 per diem, including travel-time, and while away from the alleged violation (i) to the Administrator, (ii) to the State their homes or regular places of business they may be in which the alleged violation occurs, and (iii) to any alleged allowed travel expenses, including per diem in lieu of violator of the standard, limitation, or order, or subsistence, as authorized by law for persons in the (B) if the Administrator or State has commenced and is Government service employed intermittently. diligently prosecuting a civil or criminal action in a court of (b) FUNCTIONSThe Board shall advise, consult with, and the United States, or a State to require compliance with the make recommendations to the Administrator on matters of standard, limitation, or order, but in any such action in a policy relating to the activities and functions of the court of the United States any citizen may intervene as a Administrator under this chapter. matter of right.
(c) CLERICAL AND TECHNICAL ASSISTANCESuch clerical (2) under subsection (a)(2) of this section prior to sixty days and technical assistance as may be necessary to discharge after the plaintiff has given notice of such action to the the duties of the Board shall be provided from the personnel Administrator, of the Environmental Protection Agency. except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of sections 1316 and 1317(a) of this SEC. 504. [33 U.S.C. 1364] EMERGENCY POWERS title. Notice under this subsection shall be given in such (a) EMERGENCY POWERSNotwithstanding any other manner as the Administrator shall prescribe by regulation.
provision of this chapter, the Administrator upon receipt of (c) VENUE; INTERVENTION BY ADMINISTRATOR; UNITED evidence that a pollution source or combination of sources is STATES INTERESTS PROTECTED presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such (1) Any action respecting a violation by a discharge source endangerment is to the livelihood of such persons, such as of an effluent standard or limitation or an order respecting inability to market shellfish, may bring suit on behalf of the such standard or limitation may be brought under this United States in the appropriate district court to immediately section only in the judicial district in which such source is restrain any person causing or contributing to the alleged located.
pollution to stop the discharge of pollutants causing or (2) In such action under this section, the Administrator, if contributing to such pollution or to take such other action as not a party, may intervene as a matter of right.
may be necessary. (3) Protection of interests of United States (b) Repealed. Pub. L.96-510, title III, Sec. 304(a), Dec. 11, Whenever any action is brought under this section in a court 1980, 94 Stat. 2809 of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General and the Administrator.
No consent judgment shall be entered in an action in which SEC. 505. [33 U.S.C. 1365] CITIZEN SUITS the United States is not a party prior to 45 days following (a) AUTHORIZATION; JURISDICTIONExcept as provided in the receipt of a copy of the proposed consent judgment by subsection (b) of this section and section 1319(g)(6) of this the Attorney General and the Administrator.
title, any citizen may commence a civil action on his own behalf (d) LITIGATION COSTSThe court, in issuing any final order in any action brought pursuant to this section, may award (1) against any person (including (i) the United States, and costs of litigation (including reasonable attorney and expert (ii) any other governmental instrumentality or agency to the witness fees) to any prevailing or substantially prevailing extent permitted by the eleventh amendment to the party, whenever the court determines such award is Constitution) who is alleged to be in violation of (A) an appropriate. The court may, if a temporary restraining order effluent standard or limitation under this chapter or (B) an or preliminary injunction is sought, require the filing of a order issued by the Administrator or a State with respect to bond or equivalent security in accordance with the Federal such a standard or limitation, or Rules of Civil Procedure.
(2) against the Administrator where there is alleged a failure (e) STATUTORY OR COMMON LAW RIGHTS NOT of the Administrator to perform any act or duty under this RESTRICTEDNothing in this section shall restrict any right chapter which is not discretionary with the Administrator.
which any person (or class of persons) may have under any The district courts shall have jurisdiction, without regard to statute or common law to seek enforcement of any effluent the amount in controversy or the citizenship of the parties, standard or limitation or to seek any other relief (including to enforce such an effluent standard or limitation, or such an relief against the Administrator or a State agency).
order, or to order the Administrator to perform such act or (f) EFFLUENT STANDARD OR LIMITATIONFor purposes of duty, as the case may be, and to apply any appropriate civil this section, the term effluent standard or limitation under
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 this chapter means (1) effective July 1, 1973, an unlawful shall be the respondent. Upon receipt of such application, act under subsection (a) of section 1311 of this title; (2) an the Secretary of Labor shall cause such investigation to be effluent limitation or other limitation under section 1311 or made as he deems appropriate. Such investigation shall 1312 of this title; (3) standard of performance under section provide an opportunity for a public hearing at the request of 1316 of this title; (4) prohibition, effluent standard or any party to such review to enable the parties to present pretreatment standards under section 1317 of this title; (5) information relating to such alleged violation. The parties certification under section 1341 of this title; (6) a permit or shall be given written notice of the time and place of the condition thereof issued under section 1342 of this title, hearing at least five days prior to the hearing. Any such which is in effect under this chapter (including a hearing shall be of record and shall be subject to section 554 requirement applicable by reason of section 1323 of this of Title 5. Upon receiving the report of such investigation, title); or (7) a regulation under section 1345(d) of this title,. the Secretary of Labor shall make findings of fact. If he
[sic] finds that such violation did occur, he shall issue a decision, (g) CITIZEN DEFINEDFor the purposes of this section the incorporating an order therein and his findings, requiring the term citizen means a person or persons having an interest party committing such violation to take such affirmative which is or may be adversely affected. action to abate the violation as the Secretary of Labor deems appropriate, including, but not limited to, the rehiring or (h) CIVIL ACTION BY STATE GOVERNORSA Governor of a reinstatement of the employee or representative of State may commence a civil action under subsection (a) of employees to his former position with compensation. If he this section, without regard to the limitations of subsection finds that there was no such violation, he shall issue an (b) of this section, against the Administrator where there is order denying the application. Such order issued by the alleged a failure of the Administrator to enforce an effluent Secretary of Labor under this subparagraph shall be subject standard or limitation under this chapter the violation of to judicial review in the same manner as orders and which is occurring in another State and is causing an decisions of the Administrator are subject to judicial review adverse effect on the public health or welfare in his State, or under this chapter.
is causing a violation of any water quality requirement in his State. (c) COSTS AND EXPENSESWhenever an order is issued under this section to abate such violation, at the request of the applicant, a sum equal to the aggregate amount of all SEC. 506. [33 U.S.C. 1366] APPEARANCE costs and expenses (including the attorneys fees), as The Administrator shall request the Attorney General to determined by the Secretary of Labor, to have been appear and represent the United States in any civil or reasonably incurred by the applicant for, or in connection criminal action instituted under this chapter to which the with, the institution and prosecution of such proceedings, Administrator is a party. Unless the Attorney General shall be assessed against the person committing such notifies the Administrator within a reasonable time, that he violation.
will appear in a civil action, attorneys who are officers or (d) DELIBERATE VIOLATIONS BY EMPLOYEE ACTING employees of the Environmental Protection Agency shall WITHOUT DIRECTION FROM HIS EMPLOYER OR HIS AGENT appear and represent the United States in such action. This section shall have no application to any employee who, acting without direction from his employer (or his agent) deliberately violates any prohibition of effluent limitation or SEC. 507. [33 U.S.C. 1367] EMPLOYEE PROTECTION other limitation under section 1311 or 1312 of this title, (a) DISCRIMINATION AGAINST PERSONS FILING, INSTITUTING, standards of performance under section 1316 of this title, OR TESTIFYING IN PROCEEDINGS UNDER THIS CHAPTER effluent standard, prohibition or pretreatment standard under PROHIBITEDNo person shall fire, or in any other way section 1317 of this title, or any other prohibition or discriminate against, or cause to be fired or discriminated limitation established under this chapter.
against, any employee or any authorized representative of employees by reason of the fact that such employee or (e) INVESTIGATIONS OF EMPLOYMENT REDUCTIONSThe representative has filed, instituted, or caused to be filed or Administrator shall conduct continuing evaluations of instituted any proceeding under this chapter, or has testified potential loss or shifts of employment which may result or is about to testify in any proceeding resulting from the from the issuance of any effluent limitation or order under administration or enforcement of the provisions of this this chapter, including, where appropriate, investigating chapter. threatened plant closures or reductions in employment allegedly resulting from such limitation or order. Any (b) APPLICATION FOR REVIEW; INVESTIGATION; HEARING; employee who is discharged or laid-off, threatened with REVIEWAny employee or a representative of employees discharge or lay-off, or otherwise discriminated against by who believes that he has been fired or otherwise any person because of the alleged results of any effluent discriminated against by any person in violation of limitation or order issued under this chapter, or any subsection (a) of this section may, within thirty days after representative of such employee, may request the such alleged violation occurs, apply to the Secretary of Administrator to conduct a full investigation of the matter.
Labor for a review of such firing or alleged discrimination.
The Administrator shall thereupon investigate the matter A copy of the application shall be sent to such person who and, at the request of any party, shall hold public hearings
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 on not less than five days notice, and shall at such hearings SEC. 509. [33 U.S.C. 1369] ADMINISTRATIVE require the parties, including the employer involved, to PROCEDURE AND JUDICIAL REVIEW present information relating to the actual or potential effect (a) SUBPENAS of such limitation or order on employment and on any (1) For purposes of obtaining information under section alleged discharge, lay-off, or other discrimination and the 1315 of this title, or carrying out section 1367(e) of this detailed reasons or justification therefor. Any such hearing title, the Administrator may issue subpenas for the shall be of record and shall be subject to section 554 of Title attendance and testimony of witnesses and the production of
- 5. Upon receiving the report of such investigation, the relevant papers, books, and documents, and he may Administrator shall make findings of fact as to the effect of administer oaths. Except for effluent data, upon a showing such effluent limitation or order on employment and on the satisfactory to the Administrator that such papers, books, alleged discharge, lay-off, or discrimination and shall make documents, or information or particular part thereof, if made such recommendations as he deems appropriate. Such public, would divulge trade secrets or secret processes, the report, findings, and recommendations shall be available to Administrator shall consider such record, report, or the public. Nothing in this subsection shall be construed to information or particular portion thereof confidential in require or authorize the Administrator to modify or accordance with the purposes of section 1905 of Title 18, withdraw any effluent limitation or order issued under this except that such paper, book, document, or information may chapter. be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, or when relevant in any proceeding under SEC. 508. [33 U.S.C. 1368] FEDERAL PROCUREMENT this chapter. Witnesses summoned shall be paid the same (a) CONTRACTS WITH VIOLATORS PROHIBITEDNo Federal fees and mileage that are paid witnesses in the courts of the agency may enter into any contract with any person, who United States. In case of contumacy or refusal to obey a has been convicted of any offense under section 1319(c) of subpena served upon any person under this subsection, the this title, for the procurement of goods, materials, and district court of the United States for any district in which services if such contract is to be performed at any facility at such person is found or resides or transacts business, upon which the violation which gave rise to such conviction application by the United States and after notice to such occurred, and if such facility is owned, leased, or supervised person, shall have jurisdiction to issue an order requiring by such person. The prohibition in the preceding sentence such person to appear and give testimony before the shall continue until the Administrator certifies that the Administrator, to appear and produce papers, books, and condition giving rise to such conviction has been corrected.
documents before the Administrator, or both, and any (b) NOTIFICATION OF AGENCIESThe Administrator shall failure to obey such order of the court may be punished by establish procedures to provide all Federal agencies with the such court as a contempt thereof.
notification necessary for the purposes of subsection (a) of (2) The district courts of the United States are authorized, this section.
upon application by the Administrator, to issue subpenas for (c) Omitted attendance and testimony of witnesses and the production of (d) EXEMPTIONSThe President may exempt any contract, relevant papers, books, and documents, for purposes of loan, or grant from all or part of the provisions of this obtaining information under sections 1314(b) and (c) of this section where he determines such exemption is necessary in title. Any papers, books, documents, or other information or the paramount interest of the United States and he shall part thereof, obtained by reason of such a subpena shall be notify the Congress of such exemption. subject to the same requirements as are provided in (e) ANNUAL REPORT TO CONGRESSThe President shall paragraph (1) of this subsection.
annually report to the Congress on measures taken in (b) REVIEW OF ADMINISTRATORS ACTIONS; SELECTION OF compliance with the purpose and intent of this section, COURT; FEES including, but not limited to, the progress and problems (1) Review of the Administrators action (A) in associated with such compliance. promulgating any standard of performance under section (f) CONTRACTOR CERTIFICATION OR CONTRACT CLAUSE IN 1316 of this title, (B) in making any determination pursuant ACQUISITION OF COMMERCIAL ITEMS to section 1316(b)(1)(C) of this title, (C) in promulgating (1) No certification by a contractor, and no contract clause, any effluent standard, prohibition, or pretreatment standard may be required in the case of a contract for the acquisition under section 1317 of this title, (D) in making any of commercial items in order to implement a prohibition or determination as to a State permit program submitted under requirement of this section or a prohibition or requirement section 1342(b) of this title, (E) in approving or issued in the implementation of this section. promulgating any effluent limitation or other limitation under section 1311, 1312, 1316, or 1345 of this title, (F) in (2) In paragraph (1), the term commercial item has the issuing or denying any permit under section 1342 of this meaning given such term in section 403(12) of Title 41. title, and (G) in promulgating any individual control strategy under section 1314(l) of this title, may be had by any interested person in the Circuit Court of Appeals of the United States for the Federal judicial district in which such
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 person resides or transacts business which is directly SEC. 511. [33 U.S.C. 1371] AUTHORITY UNDER OTHER affected by such action upon application by such person. LAWS AND REGULATIONS Any such application shall be made within 120 days from (a) IMPAIRMENT OF AUTHORITY OR FUNCTIONS OF OFFICIALS the date of such determination, approval, promulgation, AND AGENCIES; TREATY PROVISIONSThis chapter shall not issuance or denial, or after such date only if such application be construed as (1) limiting the authority or functions of any is based solely on grounds which arose after such 120th day. officer or agency of the United States under any other law or (2) Action of the Administrator with respect to which regulation not inconsistent with this chapter; (2) affecting or review could have been obtained under paragraph (1) of this impairing the authority of the Secretary of the Army (A) to subsection shall not be subject to judicial review in any civil maintain navigation or (B) under the Act of March 3, 1899 or criminal proceeding for enforcement. (30 Stat. 1112); except that any permit issued under section 1344 of this title shall be conclusive as to the effect on water (3) AWARD OF FEESIn any judicial proceeding under this quality of any discharge resulting from any activity subject subsection, the court may award costs of litigation to section 403 of this title, or (3) affecting or impairing the (including reasonable attorney and expert witness fees) to provisions of any treaty of the United States.
any prevailing or substantially prevailing party whenever it determines that such award is appropriate. (b) DISCHARGES OF POLLUTANTS INTO NAVIGABLE WATERSDischarges of pollutants into the navigable waters (c) ADDITIONAL EVIDENCEIn any judicial proceeding subject to the Rivers and Harbors Act of 1910 (36 Stat. 593; brought under subsection (b) of this section in which review 33 U.S.C. 421) and the Supervisory Harbors Act of 1888 is sought of a determination under this chapter required to (25 Stat. 209; 33 U.S.C. 441-451b) shall be regulated be made on the record after notice and opportunity for pursuant to this chapter, and not subject to such Act of 1910 hearing, if any party applies to the court for leave to adduce and the Act of 1888 except as to effect on navigation and additional evidence, and shows to the satisfaction of the anchorage.
court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such (c) ACTION OF THE ADMINISTRATOR DEEMED MAJOR evidence in the proceeding before the Administrator, the FEDERAL ACTION; CONSTRUCTION OF THE NATIONAL court may order such additional evidence (and evidence in ENVIRONMENTAL POLICY ACT OF 1969 rebuttal thereof) to be taken before the Administrator, in (1) Except for the provision of Federal financial assistance such manner and upon such terms and conditions as the for the purpose of assisting the construction of publicly court may deem proper. The Administrator may modify his owned treatment works as authorized by section 1281 of this findings as to the facts, or make new findings, by reason of title, and the issuance of a permit under section 1342 of this the additional evidence so taken and he shall file such title for the discharge of any pollutant by a new source as modified or new findings, and his recommendation, if any, defined in section 1316 of this title, no action of the for the modification or setting aside of his original Administrator taken pursuant to this chapter shall be determination, with the return of such additional evidence. deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852)
SEC. 510. [33 U.S.C. 1370] STATE AUTHORITY [42 U.S.C. § 4321 et seq.]; and Except as expressly provided in this chapter, nothing in this (2) Nothing in the National Environmental Policy Act of chapter shall (1) preclude or deny the right of any State or 1969 (83 Stat. 852) shall be deemed to political subdivision thereof or interstate agency to adopt or enforce (A) any standard or limitation respecting discharges (A) authorize any Federal agency authorized to license or of pollutants, or (B) any requirement respecting control or permit the conduct of any activity which may result in the abatement of pollution; except that if an effluent limitation, discharge of a pollutant into the navigable waters to review or other limitation, effluent standard, prohibition, any effluent limitation or other requirement established pretreatment standard, or standard of performance is in pursuant to this chapter or the adequacy of any certification effect under this chapter, such State or political subdivision under section 1341 of this title; or or interstate agency may not adopt or enforce any effluent (B) authorize any such agency to impose, as a condition limitation, or other limitation, effluent standard, prohibition, precedent to the issuance of any license or permit, any pretreatment standard, or standard of performance which is effluent limitation other than any such limitation established less stringent than the effluent limitation, or other limitation, pursuant to this chapter.
effluent standard, prohibition, pretreatment standard, or (d) CONSIDERATION OF INTERNATIONAL WATER POLLUTION standard of performance under this chapter; or (2) be CONTROL AGREEMENTSNotwithstanding this chapter or construed as impairing or in any manner affecting any right any other provision of law, the Administrator (1) shall not or jurisdiction of the States with respect to the waters require any State to consider in the development of the (including boundary waters) of such States. ranking in order of priority of needs for the construction of treatment works (as defined in subchapter II of this chapter),
any water pollution control agreement which may have been entered into between the United States and any other nation, and (2) shall not consider any such agreement in the
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 approval of any such priority ranking. such regulations. The Chairman of the Committee within ten days after receipt of such notice may publish a notice of a public hearing by the Committee, to be held within thirty SEC. 512. [33 U.S.C. 1251 NOTE] SEPARABILITY days.
If any provision of this Act, or the application of any (2) No later than one hundred and twenty days after receipt provision of this Act to any person or circumstance, is held of such notice, the Committee shall transmit to the invalid, the application of such provision to other persons or Administrator such scientific and technical information as is circumstances, and the remainder of this Act shall not be in its possession, including that presented at any public affected thereby.
hearing, related to the subject matter contained in such notice.
SEC. 513. [33 U.S.C. 1372] LABOR STANDARDS (3) Information so transmitted to the Administrator shall The Administrator shall take such action as may be constitute a part of the administrative record and comments necessary to insure that all laborers and mechanics on any proposed regulations or standards as information to employed by contractors or subcontractors on treatment be considered with other comments and information in works for which grants are made under this chapter shall be making any final determinations.
paid wages at rates not less than those prevailing for the (4) In preparing information for transmittal, the Committee same type of work on similar construction in the immediate shall avail itself of the technical and scientific services of locality, as determined by the Secretary of Labor, in any Federal agency, including the United States Geological accordance with sections 3141 to 3144, 3146, 3147 of Title Survey and any national environmental laboratories which
- 40. The Secretary of Labor shall have, with respect to the may be established.
labor standards specified in this subsection, [sic] the (c) SECRETARY; LEGAL COUNSEL; COMPENSATION authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 3145 of (1) The Committee shall appoint and prescribe the duties of Title 40. a Secretary, and such legal counsel as it deems necessary.
The Committee shall appoint such other employees as it deems necessary to exercise and fulfill its powers and SEC. 514. [33 U.S.C. 1373] PUBLIC HEALTH AGENCY responsibilities. The compensation of all employees COORDINATION appointed by the Committee shall be fixed in accordance The permitting agency under section 1342 of this title shall with chapter 51 and subchapter III of chapter 53 of Title 5.
assist the applicant for a permit under such section in (2) Members of the Committee shall be entitled to receive coordinating the requirements of this chapter with those of compensation at a rate to be fixed by the President but not in the appropriate public health agencies. excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of Title 5.
SEC. 515. [33 U.S.C. 1374] EFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY COMMITTEE (d) QUORUM; SPECIAL PANELFive members of the (a) ESTABLISHMENT; MEMBERSHIP; TERM Committee shall constitute a quorum, and official actions of the Committee shall be taken only on the affirmative vote of (1) There is established on [sic] Effluent Standards and at least five members. A special panel composed of one or Water Quality Information Advisory Committee, which more members upon order of the Committee shall conduct shall be composed of a Chairman and eight members who any hearing authorized by this section and submit the shall be appointed by the Administrator within sixty days transcript of such hearing to the entire Committee for its after October 18, 1972. action thereon.
(2) All members of the Committee shall be selected from (e) RULESThe Committee is authorized to make such the scientific community, qualified by education, training, rules as are necessary for the orderly transaction of its and experience to provide, assess, and evaluate scientific business.
and technical information on effluent standards and limitations.
(3) Members of the Committee shall serve for a term of four SEC. 516. [33 U.S.C. 1375] REPORTS TO CONGRESS; years, and may be reappointed. DETAILED ESTIMATES AND COMPREHENSIVE STUDY ON (b) ACTION ON PROPOSED REGULATIONS COSTS; STATE ESTIMATES (a) IMPLEMENTATION OF CHAPTER OBJECTIVES; STATUS AND (1) No later than one hundred and eighty days prior to the PROGRESS OF PROGRAMSWithin ninety days following the date on which the Administrator is required to publish any convening of each session of Congress, the Administrator proposed regulations required by section 1314(b) of this shall submit to the Congress a report, in addition to any title, any proposed standard of performance for new sources other report required by this chapter, on measures taken required by section 1316 of this title, or any proposed toxic toward implementing the objective of this chapter, effluent standard required by section 1317 of this title, he including, but not limited to, (1) the progress and problems shall transmit to the Committee a notice of intent to propose associated with developing comprehensive plans under
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 section 1252 of this title, areawide plans under section 1288 excessive infiltration or inflow and all eligible costs of of this title, basin plans under section 1289 of this title, and correcting combined storm and sanitary sewer problems and plans under section 1313(e) of this title; (2) a summary of treating storm water flows. The survey form shall be actions taken and results achieved in the field of water distributed by the Administrator to each State no later than pollution control research, experiments, studies, and related January 31, 1974.
matters by the Administrator and other Federal agencies and (c) STATUS OF COMBINED SEWER OVERFLOWS IN MUNICIPAL by other persons and agencies under Federal grants or TREATMENT WORKS OPERATIONSThe Administrator shall contracts; (3) the progress and problems associated with the submit to the Congress by October 1, 1978, a report on the development of effluent limitations and recommended status of combined sewer overflows in municipal treatment control techniques; (4) the status of State programs, works operations. The report shall include (1) the status of including a detailed summary of the progress obtained as any projects funded under this chapter to address combined compared to that planned under State program plans for sewer overflows (2) a listing by State of combined sewer development and enforcement of water quality overflow needs identified in the 1977 State priority listings, requirements; (5) the identification and status of (3) an estimate for each applicable municipality of the enforcement actions pending or completed under this number of years necessary, assuming an annual chapter during the preceding year; (6) the status of State, authorization and appropriation for the construction grants interstate, and local pollution control programs established program of $5,000,000,000, to correct combined sewer pursuant to, and assisted by, this chapter; (7) a summary of overflow problems, (4) an analysis using representative the results of the survey required to be taken under section municipalities faced with major combined sewer overflow 1290 of this title; (8) his activities including needs, of the annual discharges of pollutants from overflows recommendations under sections 1259 through 1261 of this in comparison to treated effluent discharges, (5) an analysis title; and (9) all reports and recommendations made by the of the technological alternatives available to municipalities Water Pollution Control Advisory Board. to correct major combined sewer overflow problems, and (b)(1) The Administrator, in cooperation with the States, (6) any recommendations of the Administrator for including water pollution control agencies and other water legislation to address the problem of combined sewer pollution control planning agencies, shall make (A) a overflows, including whether a separate authorization and detailed estimate of the cost of carrying out the provisions grant program should be established by the Congress to of this chapter; (B) a detailed estimate, biennially revised, of address combined sewer overflows.
the cost of construction of all needed publicly owned (d) LEGISLATIVE RECOMMENDATIONS ON PROGRAM treatment works in all of the States and of the cost of REQUIRING COORDINATION BETWEEN WATER SUPPLY AND construction of all needed publicly owned treatment works WASTEWATER CONTROL PLANS AS CONDITION FOR in each of the States; (C) a comprehensive study of the CONSTRUCTION GRANTS; PUBLIC HEARINGThe economic impact on affected units of government of the cost Administrator, in cooperation with the States, including of installation of treatment facilities; and (D) a water pollution control agencies, and other water pollution comprehensive analysis of the national requirements for and control planning agencies, and water supply and water the cost of treating municipal, industrial, and other effluent resources agencies of the States and the United States shall to attain the water quality objectives as established by this submit to Congress, within two years of December 27, chapter or applicable State law. The Administrator shall 1977, a report with recommendations for legislation on a submit such detailed estimate and such comprehensive study program to require coordination between water supply and of such cost to the Congress no later than February 10 of wastewater control plans as a condition to grants for each odd-numbered year. Whenever the Administrator, construction of treatment works under this chapter. No such pursuant to this subsection, requests and receives an report shall be submitted except after opportunity for public estimate of cost from a State, he shall furnish copies of such hearings on such proposed report.
estimate together with such detailed estimate to Congress.
(e) STATE REVOLVING FUND REPORT (2) Notwithstanding the second sentence of paragraph (1) of (1) IN GENERALNot later than February 10, 1990, the this subsection, the Administrator shall make a preliminary Administrator shall submit to Congress a report on the detailed estimate called for by subparagraph (B) of such financial status and operations of water pollution control paragraph and shall submit such preliminary detailed revolving funds established by the States under subchapter estimate to the Congress no later than September 3, 1974.
VI of this chapter. The Administrator shall prepare such The Administrator shall require each State to prepare an report in cooperation with the States, including water estimate of cost for such State, and shall utilize the survey pollution control agencies and other water pollution control form EPA-1, O.M.B. No. 158-R0017, prepared for the 1973 planning and financing agencies.
detailed estimate, except that such estimate shall include all costs of compliance with section 1281(g)(2)(A) of this title (2) CONTENTSThe report under this subsection shall also and water quality standards established pursuant to section include the following:
1313 of this title, and all costs of treatment works as defined (A) an inventory of the facilities that are in significant in section 1292(2) of this title, including all eligible costs of noncompliance with the enforceable requirements of this constructing sewage collection systems and correcting chapter;
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (B) an estimate of the cost of construction necessary to 1977, $150,000,000 for the fiscal year ending September 30, bring such facilities into compliance with such 1978, $150,000,000 for the fiscal year ending September 30, requirements; 1979, $150,000,000 for the fiscal year ending September 30, (C) an assessment of the availability of sources of funds for 1980, $150,000,000 for the fiscal year ending September 30, financing such needed construction, including an estimate of 1981, $161,000,000 for the fiscal year ending September 30, the amount of funds available for providing assistance for 1982, such sums as may be necessary for fiscal years 1983 such construction through September 30, 1999, from the through 1985, and $135,000,000 per fiscal year for each of water pollution control revolving funds established by the the fiscal years 1986 through 1990.
States under subchapter VI of this chapter; (D) an assessment of the operations, loan portfolio, and loan SEC. 518. [33 U.S.C. 1377] INDIAN TRIBES conditions of such revolving funds; (a) POLICYNothing in this section shall be construed to (E) an assessment of the effect on user charges of the affect the application of section 1251(g) of this title, and all assistance provided by such revolving funds compared to of the provisions of this section shall be carried out in the assistance provided with funds appropriated pursuant to accordance with the provisions of such section 1251(g) of section 1287 of this title; and this title. Indian tribes shall be treated as States for purposes (F) an assessment of the efficiency of the operation and of such section 1251(g) of this title.
maintenance of treatment works constructed with assistance (b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT provided by such revolving funds compared to the The Administrator, in cooperation with the Director of the efficiency of the operation and maintenance of treatment Indian Health Service, shall assess the need for sewage works constructed with assistance provided under section treatment works to serve Indian tribes, the degree to which 1281 of this title. such needs will be met through funds allotted to States under section 1285 of this title and priority lists under section 1296 of this title, and any obstacles which prevent SEC. XXX. [33 U.S.C. 1375a] REPORT ON COASTAL such needs from being met. Not later than one year after RECREATION WATERS February 4, 1987, the Administrator shall submit a report to (a) IN GENERALNot later than 4 years after October 10, Congress on the assessment under this subsection, along 2000, and every 4 years thereafter, the Administrator of the with recommendations specifying (1) how the Administrator Environmental Protection Agency shall submit to Congress intends to provide assistance to Indian tribes to develop a report that includes waste treatment management plans and to construct (1) recommendations concerning the need for additional treatment works under this chapter, and (2) methods by water quality criteria for pathogens and pathogen indicators which the participation in and administration of programs and other actions that should be taken to improve the quality under this chapter by Indian tribes can be maximized.
of coastal recreation waters; (c) RESERVATION OF FUNDSThe Administrator shall (2) an evaluation of Federal, State, and local efforts to reserve each fiscal year beginning after September 30, 1986, implement this Act, including the amendments made by this before allotments to the States under section 1285(e) of this Act; and title, one-half of one percent of the sums appropriated under (3) recommendations on improvements to methodologies section 1287 of this title. Sums reserved under this and techniques for monitoring of coastal recreation waters. subsection shall be available only for grants for the development of waste treatment management plans and for (b) COORDINATIONThe Administrator of the the construction of sewage treatment works to serve Indian Environmental Protection Agency may coordinate the report tribes, as defined in subsection (h) of this section and former under this section with other reporting requirements under Indian reservations in Oklahoma (as determined by the the Federal Water Pollution Control Act (33 U.S.C. 1251 et Secretary of the Interior) and Alaska Native Villages as seq.). defined in Public Law 92-203 [43 U.S.C. § 1601 et seq.].
(d) COOPERATIVE AGREEMENTSIn order to ensure the SEC. 517. [33 U.S.C. 1376] AUTHORIZATION OF consistent implementation of the requirements of this APPROPRIATIONS chapter, an Indian tribe and the State or States in which the There are authorized to be appropriated to carry out this lands of such tribe are located may enter into a cooperative chapter, other than sections 1254, 1255, 1256(a), 1257, agreement, subject to the review and approval of the 1258, 1262, 1263, 1264, 1265, 1286, 1287, 1288(f) and (h), Administrator, to jointly plan and administer the 1289, 1314, 1321(c), (d), (i), (l), and (k), 1324, 1325, and requirements of this chapter.
1327 of this title, $250,000,000 for the fiscal year ending (e) TREATMENT AS STATESThe Administrator is June 30, 1973, $300,000,000 for the fiscal year ending June authorized to treat an Indian tribe as a State for purposes of 30, 1974, $350,000,000 for the fiscal year ending June 30, subchapter II of this chapter and sections 1254, 1256, 1313, 1975, $100,000,000 for the fiscal year ending September 30, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344, and 1346 of this title to the degree necessary to carry out the
Not enacted as part of the Federal Water Pollution Control Act. objectives of this section, but only if
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (1) the Indian tribe has a governing body carrying out tribe, traditional Alaska Native council, or Native council substantial governmental duties and powers; organized pursuant to the Act of June 18, 1934 (48 Stat.
(2) the functions to be exercised by the Indian tribe pertain 987), over lands or persons in Alaska; to the management and protection of water resources which (2) create or validate any assertion by such organization or are held by an Indian tribe, held by the United States in trust any form of governmental authority over lands or persons in for Indians, held by a member of an Indian tribe if such Alaska; or property interest is subject to a trust restriction on (3) in any way affect any assertion that Indian country, as alienation, or otherwise within the borders of an Indian defined in section 1151 of Title 18, exists or does not exist reservation; and in Alaska.
(3) the Indian tribe is reasonably expected to be capable, in (h) DEFINITIONSFor purposes of this section, the term the Administrators judgment, of carrying out the functions (1) Federal Indian reservation means all land within the to be exercised in a manner consistent with the terms and limits of any Indian reservation under the jurisdiction of the purposes of this chapter and of all applicable regulations.
United States Government, notwithstanding the issuance of Such treatment as a State may include the direct provision any patent, and including rights-of-way running through the of funds reserved under subsection (c) of this section to the reservation; and governing bodies of Indian tribes, and the determination of (2) Indian tribe means any Indian tribe, band, group, or priorities by Indian tribes, where not determined by the community recognized by the Secretary of the Interior and Administrator in cooperation with the Director of the Indian exercising governmental authority over a Federal Indian Health Service. The Administrator, in cooperation with the reservation.
Director of the Indian Health Service, is authorized to make grants under subchapter II of this chapter in an amount not to exceed 100 percent of the cost of a project. Not later than SEC. 519. [33 U.S.C. 1251 NOTE] SHORT TITLE 18 months after February 4, 1987, the Administrator shall, This Act may be cited as the Federal Water Pollution in consultation with Indian tribes, promulgate final Control Act (commonly referred to as the Clean Water regulations which specify how Indian tribes shall be treated Act).
as States for purposes of this chapter. The Administrator shall, in promulgating such regulations, consult affected States sharing common water bodies and provide a SUBCHAPTER VISTATE WATER mechanism for the resolution of any unreasonable POLLUTION CONTROL REVOLVING consequences that may arise as a result of differing water quality standards that may be set by States and Indian tribes FUNDS located on common bodies of water. Such mechanism shall SEC. 601. [33 U.S.C. 1381] GRANTS TO STATES FOR provide for explicit consideration of relevant factors ESTABLISHMENT OF REVOLVING FUNDS including, but not limited to, the effects of differing water (a) GENERAL AUTHORITYSubject to the provisions of this quality permit requirements on upstream and downstream subchapter, the Administrator shall make capitalization dischargers, economic impacts, and present and historical grants to each State for the purpose of establishing a water uses and quality of the waters subject to such standards. pollution control revolving fund for providing assistance (1)
Such mechanism should provide for the avoidance of such for construction of treatment works (as defined in section unreasonable consequences in a manner consistent with the 1292 of this title) which are publicly owned, (2) for objective of this chapter. implementing a management program under section 1329 of (f) GRANTS FOR NONPOINT SOURCE PROGRAMSThe this title, and (3) for developing and implementing a Administrator shall make grants to an Indian tribe under conservation and management plan under section 1330 of section 1329 of this title as though such tribe was a State. this title.
Not more than one-third of one percent of the amount (b) SCHEDULE OF GRANT PAYMENTSThe Administrator appropriated for any fiscal year under section 1329 of this and each State shall jointly establish a schedule of payments title may be used to make grants under this subsection. In under which the Administrator will pay to the State the addition to the requirements of section 1329 of this title, an amount of each grant to be made to the State under this Indian tribe shall be required to meet the requirements of subchapter. Such schedule shall be based on the States paragraphs (1), (2), and (3) of subsection (d) of this section intended use plan under section 1386(c) of this title, except in order to receive such a grant. that (g) ALASKA NATIVE ORGANIZATIONSNo provision of this (1) such payments shall be made in quarterly installments, chapter shall be construed to and (1) grant, enlarge, or diminish, or in any way affect the (2) such payments shall be made as expeditiously as scope of the governmental authority, if any, of any Alaska possible, but in no event later than the earlier of Native organization, including any federally-recognized (A) 8 quarters after the date such funds were obligated by the State, or
So in original, probably should be (e).
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (B) 12 quarters after the date such funds were allotted to the grant payment which it will receive under this subchapter in State. accordance with laws and procedures applicable to the commitment or expenditure of revenues of the State; (8) in carrying out the requirements of section 1386 of this SEC. 602. [33 U.S.C. 1382] CAPITALIZATION GRANT title, the State will use accounting, audit, and fiscal AGREEMENTS procedures conforming to generally accepted government (a) GENERAL RULETo receive a capitalization grant with accounting standards; funds made available under this subchapter and section 1285(m) of this title, a State shall enter into an agreement (9) the State will require as a condition of making a loan or with the Administrator which shall include but not be providing other assistance, as described in section 1383(d) limited to the specifications set forth in subsection (b) of of this title, from the fund that the recipient of such this section. assistance will maintain project accounts in accordance with generally accepted government accounting standards; and (b) SPECIFIC REQUIREMENTSThe Administrator shall enter into an agreement under this section with a State only after (10) the State will make annual reports to the Administrator the State has established to the satisfaction of the on the actual use of funds in accordance with section Administrator that 1386(d) of this title.
(1) the State will accept grant payments with funds to be made available under this subchapter and section 1285(m) SEC. 603. [33 U.S.C. 1383] WATER POLLUTION CONTROL of this title in accordance with a payment schedule REVOLVING LOAN FUNDS established jointly by the Administrator under section (a) REQUIREMENTS FOR OBLIGATION OF GRANT FUNDS 1381(b) of this title and will deposit all such payments in Before a State may receive a capitalization grant with funds the water pollution control revolving fund established by the made available under this subchapter and section 1285(m)
State in accordance with this subchapter; of this title, the State shall first establish a water pollution (2) the State will deposit in the fund from State moneys an control revolving fund which complies with the amount equal to at least 20 percent of the total amount of all requirements of this section.
capitalization grants which will be made to the State with (b) ADMINISTRATIONEach State water pollution control funds to be made available under this subchapter and section revolving fund shall be administered by an instrumentality 1285(m) of this title on or before the date on which each of the State with such powers and limitations as may be quarterly grant payment will be made to the State under this required to operate such fund in accordance with the subchapter; requirements and objectives of this chapter.
(3) the State will enter into binding commitments to provide (c) PROJECTS ELIGIBLE FOR ASSISTANCEThe amounts of assistance in accordance with the requirements of this funds available to each State water pollution control subchapter in an amount equal to 120 percent of the amount revolving fund shall be used only for providing financial of each such grant payment within 1 year after the receipt of assistance (1) to any municipality, intermunicipal, interstate, such grant payment; or State agency for construction of publicly owned (4) all funds in the fund will be expended in an expeditious treatment works (as defined in section 1292 of this title), (2) and timely manner; for the implementation of a management program (5) all funds in the fund as a result of capitalization grants established under section 1329 of this title, and (3) for under this subchapter and section 1285(m) of this title will development and implementation of a conservation and first be used to assure maintenance of progress, as management plan under section 1330 of this title. The fund determined by the Governor of the State, toward compliance shall be established, maintained, and credited with with enforceable deadlines, goals, and requirements of this repayments, and the fund balance shall be available in chapter, including the municipal compliance deadline; perpetuity for providing such financial assistance.
(6) treatment works eligible under section 1383(c)(1) of this (d) TYPES OF ASSISTANCEExcept as otherwise limited by title which will be constructed in whole or in part before State law, a water pollution control revolving fund of a State fiscal year 1995 with funds directly made available by under this section may be used only capitalization grants under this subchapter and section (1) to make loans, on the condition that 1285(m) of this title will meet the requirements of, or (A) such loans are made at or below market interest rates, otherwise be treated (as determined by the Governor of the including interest free loans, at terms not to exceed 20 years; State) under sections 1281(b), 1281(g)(1), 1281(g)(2),
(B) annual principal and interest payments will commence 1281(g)(3), 1281(g)(5), 1281(g)(6), 1281(n)(1), 1281(o),
not later than 1 year after completion of any project and all 1284(a)(1), 1284(a)(2), 1284(b)(1), 1284(d)(2), 1291, 1298, loans will be fully amortized not later than 20 years after 1371(c)(1), and 1372 of this title in the same manner as project completion; treatment works constructed with assistance under subchapter II of this chapter; (C) the recipient of a loan will establish a dedicated source of revenue for repayment of loans; and (7) in addition to complying with the requirements of this subchapter, the State will commit or expend each quarterly (D) the fund will be credited with all payments of principal
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 and interest on all loans; be allotted by the Administrator in accordance with section (2) to buy or refinance the debt obligation of municipalities 1285(c) of this title.
and intermunicipal and interstate agencies within the State (b) RESERVATION OF FUNDS FOR PLANNINGEach State at or below market rates, where such debt obligations were shall reserve each fiscal year 1 percent of the sums allotted incurred after March 7, 1985; to such State under this section for such fiscal year, or (3) to guarantee, or purchase insurance for, local obligations $100,000, whichever amount is greater, to carry out where such action would improve credit market access or planning under sections 1285(j) and 1313(e) of this title.
reduce interest rates; (c) ALLOTMENT PERIOD (4) as a source of revenue or security for the payment of (1) PERIOD OF AVAILABILITY FOR GRANT AWARDSums principal and interest on revenue or general obligation allotted to a State under this section for a fiscal year shall be bonds issued by the State if the proceeds of the sale of such available for obligation by the State during the fiscal year bonds will be deposited in the fund; for which sums are authorized and during the following (5) to provide loan guarantees for similar revolving funds fiscal year.
established by municipalities or intermunicipal agencies; (2) REALLOTMENT OF UNOBLIGATED FUNDSThe amount (6) to earn interest on fund accounts; and of any allotment not obligated by the State by the last day of the 2-year period of availability established by paragraph (1)
(7) for the reasonable costs of administering the fund and shall be immediately reallotted by the Administrator on the conducting activities under this subchapter, except that such basis of the same ratio as is applicable to sums allotted amounts shall not exceed 4 percent of all grant awards to under subchapter II of this chapter for the second fiscal year such fund under this subchapter.
of such 2-year period. None of the funds reallotted by the (e) LIMITATION TO PREVENT DOUBLE BENEFITSIf a State Administrator shall be reallotted to any State which has not makes, from its water pollution revolving fund, a loan obligated all sums allotted to such State in the first fiscal which will finance the cost of facility planning and the year of such 2-year period.
preparation of plans, specifications, and estimates for construction of publicly owned treatment works, the State shall ensure that if the recipient of such loan receives a grant SEC. 605. [33 U.S.C. 1385] CORRECTIVE ACTION under section 1281(g) of this title for construction of such (a) NOTIFICATION OF NONCOMPLIANCEIf the treatment works and an allowance under section 1281(l)(1) Administrator determines that a State has not complied with of this title for non-Federal funds expended for such its agreement with the Administrator under section 1382 of planning and preparation, such recipient will promptly repay this title or any other requirement of this subchapter, the such loan to the extent of such allowance. Administrator shall notify the State of such noncompliance (f) CONSISTENCY WITH PLANNING REQUIREMENTSA State and the necessary corrective action.
may provide financial assistance from its water pollution (b) WITHHOLDING OF PAYMENTSIf a State does not take control revolving fund only with respect to a project which corrective action within 60 days after the date a State is consistent with plans, if any, developed under sections receives notification of such action under subsection (a) of 1285(j), 1288, 1313(e), 1329, and 1330 of this title. this section, the Administrator shall withhold additional (g) PRIORITY LIST REQUIREMENTThe State may provide payments to the State until the Administrator is satisfied that financial assistance from its water pollution control the State has taken the necessary corrective action.
revolving fund only with respect to a project for (c) REALLOTMENT OF WITHHELD PAYMENTSIf the construction of a treatment works described in subsection Administrator is not satisfied that adequate corrective (c)(1) of this section if such project is on the States priority actions have been taken by the State within 12 months after list under section 1296 of this title. Such assistance may be the State is notified of such actions under subsection (a) of provided regardless of the rank of such project on such list. this section, the payments withheld from the State by the (h) ELIGIBILITY OF NON-FEDERAL SHARE OF CONSTRUCTION Administrator under subsection (b) of this section shall be GRANT PROJECTSA State water pollution control revolving made available for reallotment in accordance with the most fund may provide assistance (other than under subsection recent formula for allotment of funds under this subchapter.
(d)(1) of this section) to a municipality or intermunicipal or interstate agency with respect to the non-Federal share of SEC. 606. [33 U.S.C. 1386] AUDITS, REPORTS, AND the costs of a treatment works project for which such FISCAL CONTROLS; INTENDED USE PLAN municipality or agency is receiving assistance from the (a) FISCAL CONTROL AND AUDITING PROCEDURESEach Administrator under any other authority only if such State electing to establish a water pollution control assistance is necessary to allow such project to proceed.
revolving fund under this subchapter shall establish fiscal controls and accounting procedures sufficient to assure SEC. 604. [33 U.S.C. 1384] ALLOTMENT OF FUNDS proper accounting during appropriate accounting periods (a) FORMULASums authorized to be appropriated to carry for out this section for each of fiscal years 1989 and 1990 shall (1) payments received by the fund;
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FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251 ET SEQ.) AS IN EFFECT JULY 29, 2008 (2) disbursements made by the fund; and provide an annual report to the Administrator describing (3) fund balances at the beginning and end of the accounting how the State has met the goals and objectives for the period. previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsection (c) of this (b) ANNUAL FEDERAL AUDITSThe Administrator shall, at section, including identification of loan recipients, loan least on an annual basis, conduct or require each State to amounts, and loan terms and similar details on other forms have independently conducted reviews and audits as may be of financial assistance provided from the water pollution deemed necessary or appropriate by the Administrator to control revolving fund.
carry out the objectives of this section. Audits of the use of funds deposited in the water pollution revolving fund (e) ANNUAL FEDERAL OVERSIGHT REVIEWThe established by such State shall be conducted in accordance Administrator shall conduct an annual oversight review of with the auditing procedures of the Government each State plan prepared under subsection (c) of this section, Accountability Office, including chapter 75 of Title 31. each State report prepared under subsection (d) of this section, and other such materials as are considered (c) INTENDED USE PLANAfter providing for public necessary and appropriate in carrying out the purposes of comment and review, each State shall annually prepare a this subchapter. After reasonable notice by the plan identifying the intended uses of the amounts available Administrator to the State or the recipient of a loan from a to its water pollution control revolving fund. Such intended water pollution control revolving fund, the State or loan use plan shall include, but not be limited to recipient shall make available to the Administrator such (1) a list of those projects for construction of publicly records as the Administrator reasonably requires to review owned treatment works on the States priority list developed and determine compliance with this subchapter.
pursuant to section 1296 of this title and a list of activities (f) APPLICABILITY OF SUBCHAPTER II PROVISIONSExcept eligible for assistance under sections 1329 and 1330 of this to the extent provided in this subchapter, the provisions of title; subchapter II of this chapter shall not apply to grants under (2) a description of the short- and long-term goals and this subchapter.
objectives of its water pollution control revolving fund; (3) information on the activities to be supported, including a description of project categories, discharge requirements SEC. 607. [33 U.S.C. 1387] AUTHORIZATION OF under subchapters III and IV of this chapter, terms of APPROPRIATIONS financial assistance, and communities served; There is authorized to be appropriated to carry out the purposes of this subchapter the following sums:
(4) assurances and specific proposals for meeting the requirements of paragraphs (3), (4), (5), and (6) of section (1) $1,200,000,000 per fiscal year for each of fiscal years 1382(b) of this title; and 1989 and 1990; (5) the criteria and method established for the distribution of (2) $2,400,000,000 for fiscal year 1991; funds. (3) $1,800,000,000 for fiscal year 1992; (d) ANNUAL REPORTBeginning the first fiscal year after (4) $1,200,000,000 for fiscal year 1993; and the receipt of payments under this subchapter, the State shall (5) $600,000,000 for fiscal year 1994.
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