FEDERAL
WATER POLLUTION
CONTROL ACT
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
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DISCRIMINATION PROHIBITED
Title VI of the Civil Rights Act of 1964 states: "No person in the
United States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance."
Therefore, programs authorized by this Act, like every other program
or activity receiving financial assistance from the Department of the
Interior, must be operated in compliance with this law.
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WATER POLLUTION CONTROL ACT
as amended by the Federal Water Pollution Control Act Amendments of
1961—(Public Law 87-88), the Water Quality Act of 1965—(Public Law
89-234), the Clean Water Restoration Act of 1966—(Public Law 89-753),
and the Water Quality Improvement Act of 1970—(Public Law 91-224).
Appendices:
• Reorganization Plan No. 2 of 1966
• Executive Order 11507-—Prevention, Control, and Abatement of
Air and Water Pollution at Federal Facilities
September 1971
ri N'pnrrK°nme?al Protection Agency
GLNPO Library Collection (PL-12J)
77 West Jackson Boulevard
Chicago, IL 60604-3590 '
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SECTION I
FEDERAL WATER POLLUTION CONTROL ACT, As AMENDED 1
(33 U.S.C. 466 et seq.)
Note: Functions of the Secretary of Health, Education, and Wel-
fare under this Act were transferred, effective May 10, 1966, to the
Secretary of the Interior, pursuant to Reorganization Plan No. 2 of
1966. The reorganization plan excepted from the transfer certain func-
tions related to public health aspects of water pollution. This print
of the Act reflects the transfer of functions pursuant to the reorganiza-
tion plan. See text of reorganization plan, Appendix A.
DECLARATION OF POLICY
SECTION. 1. (a) The purpose of this Act is to enhance the quality
and value of our water resources and to establish a national policy for
the prevention, control, and abatement of water pollution.8
(b) In connection with the exercise of jurisdiction over the water-
ways of the Nation and in consequence of the benefits resulting to the
public health and welfare by the prevention and control of water pol-
lution, it is hereby declared to be the policy of Congress to recognize,
preserve, and protect the primary responsibilities and rights of the
States in preventing and controlling water pollution, to support and
aid technical research relating to the prevention and control of water
pollution, and to provide Federal technical services and financial aid
to State and interstate agencies and to municipalities in connection
with the prevention and control of water pollution. The Secretary
of the Interior (hereinafter in this Act called "Secretary") shall ad-
minister this Act through the Administration created by section 2 of
this Act, and with the assistance of an Assistant Secretary of the
Interior designated by him, shall supervise and direct the head of such
Administration in administering this Act. Such Assistant Secretary
shall perform such additional functions as the Secretary may prescribe.
(c) Nothing in this Act shall be construed as impairing or in any
manner affecting any right or jurisdiction of the States with respect
to the waters (including boundary waters) of such States.
1 Basic Act (Public Law 84-660), approved July 9, 1956, amended by the Federal Water
Pollution Control Act Amendments of 1961 (Public Law 87-88), approved July 20 1961,
by the Water Quality Act of 1965 (Public Law 89-234), approved October 2 1965 by the
Clean Water Restoration Act of 1966 (Public Law 89-753), approved November 3, 1966 and
by the Water Quality Improvement Act of 1970 (Public Law 91-224), approved April 3,
19TO.
2 This subsection added by sec. 1, P.L. 87-88.
(5)
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FEDERAL WATER QUALITY ADMINISTRATION-
SEC. 2. Effective ninety days after the date of enactment of this
section 3 there is created within the Department of the Interior a
Federal Water Quality Administration4 (hereinafter in this Act re-
ferred to as the "Administration"). The head of the Administration
shall be appointed, and his compensation fixed, by the Secretary. The
head of the Administration may, in addition to regular staff of the
Administration, which shall be initially provided from the personnel
of the Department, obtain, from within the Department or otherwise
as authorized by law, such professional, technical, and clerical assist-
ance as may be necessary to discharge the Administration's functions
and may for that purpose use funds available for carrying out such
functions; and he may delegate any of his functions to, or otherwise
authorize their performance by, an officer or employee of, or assigned
or detailed to, the Administration.
COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL
SEC. 3. (a) The Secretary shall, after careful investigation, and in
cooperation with other Federal agencies, with State water pollution
control agencies and interstate agencies, and with the municipalities
and industries involved, prepare or develop comprehensive programs
for eliminating or reducing the pollution of interstate waters and tri-
butaries thereof and improving the sanitary condition of surface and
underground waters. In the development of such comprehensive pro-
grams due regard shall be given to the improvements which are neces-
sary to conserve such waters for public water supplies, propagation
of fish and aquatic life and wildlife, recreational purposes, and agri-
cultural, industrial, and other legitimate uses. For the purpose of this
section, the Secretary is authorized to make joint investigations with
any such agencies of the condition of any waters in any State or States,
and of the discharges of any sewage, industrial wastes, or substance
which may adversely affect such waters.
(b)5(l) In the survey or planning of any reservoir by the Corps of
Engineers, Bureau of Keclamation, or other Federal agency, con-
sideration shall be given to inclusion of storage for regulation of
streamflow for the purpose of water quality control, except that any
such storage and water releases shall not be provided as a substitute for
adequate treatment or other methods of controlling waste at the source.
(2) The need for and the value of storage for this purpose shall
be determined by these agencies, with the advice of the Secretary,
and his views on these matters shall be set forth in any report or pres-
entation to the Congress proposing authorization or construction of
any reservoir including such storage.
(3) The value of such storage shall be taken into account in deter-
mining the economic value of the entire project of which it is a part,
and costs shall be allocated to the purpose of water quality control
in a manner which will insure that all project purposes share equitably
in the benefits of multiple-purpose construction.
3 This section added by sec. 2, Public Law 89-234, approved October 2, 1965.
* This name added by sec. 110 Public Law 91-224.
5 This subsection added by sec. 2, Public Law 87-88.
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(4) Costs of water quality control features incorporated in any
Federal reservoir or other impoundment under the provisions of this
Act shall be determined and the beneficiaries identified and if the
benefits are widespread or national in scope, the costs of such features
shall be nonreimbursable.
(c)6(l) The Secretary shall, at the request of the Governor of a
State, or a majority of the governors when more than one State is
involved, make a grant to pay not to exceed 50 per centum of the
administrative expenses of a planning agency for a period not to exceed
3 years, if such agency provides for adequate representation of appro-
priate State, interstate, local, or (when appropriate) international,
interests in the basin or portion thereof involved and is capable of
developing an effective, comprehensive water quality control and abate-
ment plan for a basin.
(2) Each planning agency receiving a grant under this subsection
shall develop a comprehensive pollution control and abatement plan
for the basin which—
(A) is consistent with any applicable water quality standards
established pursuant to current law within the basin;
(B) recommends such treatment works and sewer systems as
will provide the most effective and economical means of collection,
storage, treatment, and purification of wastes and recommends
means to encourage both municipal and industrial use of such
works and systems; and
(C) recommends maintenance and improvement of water qual-
ity standards within the basin or portion thereof and recommends
methods of adequately financing those facilities as may be neces-
sary to implement the plan.
(3) For the purposes of this subsection the term "basin" includes,
but is not limited to, rivers and their tributaries, streams, coastal
waters, sounds, estuaries, bays, lakes, and portions thereof, as well as
the lands drained thereby.
INTERSTATE COOPERATION AND UNIFORM LAWS
SEC. 4. (a) The Secretary shall encourage cooperative activities by
the States for the prevention and control of water pollution; encourage
the enactment of improved and, so far as practicable, uniform State
laws relating to the prevention and control of water pollution; and
encourage compacts between States for the prevention and control of
water pollution.
(b) The consent of the Congress is hereby given to two or more
States to negotiate and enter into agreements or compacts, not in con-
flict with any law or treaty of the United States, for (1) cooperative
effort and mutual assistance for the prevention and control of water
pollution and the enforcement of their respective laws relating thereto,
and (2) the establishment of such agencies, joint or otherwise, as they
may deem desirable for making effective such agreements and com-
pacts. No such agreement or compact shall be binding or obligatory
upon any State a party thereto unless and until it has been approved
by the Congress.
6 This subsection added by sec. 101, Public Law 89-753.
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RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION
SEC. 5. (a) The Secretary shall conduct in the Department of the
Interior and encourage, cooperate with, and render assistance to other
appropriate public (whether Federal, State, interstate, or local)
authorities, agencies, and institutions, private agencies and institu-
tions, and individuals in the conduct of, and promote the coordination
of, research, investigations, experiments, demonstrations, and studies
relating to the causes, control, and prevention of water pollution. In
carrying out the foregoing, the Secretary is authorized to—
(1) collect and make available, through publications and other
appropriate means, the results of and other information as to
research, investigations, and demonstrations relating to the pre-
vention and control of water pollution, including appropriate
recommendations in connection therewith;
(2) make grants-in-aid to public or private agencies and insti-
tutions and to individuals for research or training projects and
for demonstrations, and provide for the conduct of research, train-
ing, and demonstrations by contract with public or private agen-
cies and institutions and with individuals without regard to
sections 3648 and 3709 of the Eevised Statutes;
(3) secure, from time to time and for such periods as he deems
advisable, the assistance and advice of experts, scholars, and con-
sultants as authorized by section 15 of the Administrative Ex-
penses Act of 1946 (5 U.S.C. 55a);
(4) establish and maintain research fellowships in the Depart-
ment of the Interior with such stipends and allowances, including
traveling and subsistence expenses, as he may deem necessary to
procure the assistance of the most promising research fellowships:
Provided, That the Secretary shall report annually to the appro-
priate committees of Congress on his operations under this para-
graph 7; and
(5) provide training in technical matters relating to the causes,
prevention, and control of water pollution to personnel of public
agencies and other persons with suitable qualifications.
(b) The Secretary may, upon request of any State water pollution
control agency, or interstate agency, conduct investigations and re-
search and make surveys concerning any specific problem of water pol-
lution confronting any State, interstate agency, community, municipal-
ity, or industrial plant, with a view of recommending a solution of
such problem.
(c) The Secretary shall, in cooperation with other Federal, State,
and local agencies having related responsibilities, collect and dissemi-
nate basic data on chemical, physical, and biological water quality and
other information insofar as such data or other information relate to
water pollution and the prevention and control thereof.
(d)8 In carrying out the provisions of this section the Secretary shall
7 This proviso added by sec. 3, Public Law 87-88.
8 Sec. 3(b), Public Law 87-88, was amended by sec. 201 (c), Public Law 89-753. Amend-
ment strikes out "(1)" before remaining language of subsection, and strikes out this pro-
vision : "(2) for the purposes of this subsection there is authorized to be appropriated not
more than $5,000,000 for any fiscal year, and the total sum appropriated for such purposes
shall not exceed $25,000,000."
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develop and demonstrate under varied conditions (including conduct-
ing such basic and applied research, studies, and experiments as may
be necessary) :
(A) Practicable means of treating municipal sewage and other
waterborne wastes to remove the maximum possible amounts of
physical, chemical, ard biological pollutants in order to restore
and maintain the maximum amount of the Nation's water at a
quality suitable for repeated reuse ;
(B) Improved methods and procedures to identify and measure
the effects of pollutants on water uses, including those pollutants
created by new technological developments; and
(C) Methods and procedures for evaluating the effects on water
quality and water uses of augmented streamflows to control water
pollution not susceptible to other means of abatement.
(e)9 The Secretary shall establish, equip, and maintain field labora-
tory and research facilities, including, but not limited to, one to be
located in the northeastern area of the United States, one in the Middle
Atlantic area, one in the southeastern area, one in the midwestern area,
one in the southwestern area, one in the Pacific Northwest, and one in
the State of Alaska, for the conduct of research, investigations, experi-
ments, field demonstrations and studies, and training relating to the
prevention and control of water pollution. Insofar as practicable, each
such facility shall be located near institutions of higher learning in
which graduate training in such research might be carried out.
(f)9 The Secretary shall conduct research and technical develop-
ment work, and make studies, with respect to the quality of the waters
of the Great Lakes, including an analysis of the present and projected
future water quality of the Great Lakes under varying conditions of
waste treatment and disposal, an evaluation of the water quality needs
of those to be served by such waters, an evaluation of municipal, indus-
trial, and vessel waste treatment and disposal practices with respect
to such waters, and a study of alternate means of solving water pollu-
tion problems (including additional waste treatment measures) with
respect to such waters.
(g) 10(1) For the purpose of providing an adequate supply of trained
personnel to operate and maintain existing and future treatment works
and related activities, and for the purpose of enhancing substantially
the proficiency of those engaged in such activities, the Secretary shall
finance a pilot program, in cooperation with State and interstate
a-gencies, municipalities, educational institutions, and other organiza-
tions and individuals, of manpower development and training and
retraining of persons in, on entering into, the field of operation and
maintenance of treatment works and related activities. Such program
and any funds expended for such a program shall supplement, not sup-
plant, other manpower and training programs and funds available for
the purposes of this paragraph. The Secretary is authorized, under
such terms and conditions as he deems appropriate, to enter into agree-
ments with one or more States, acting jointly or severally, or with other
public or private agencies or institutions for the development and
implementation of such a program.
9 This subsection added by sec. 3, Public Law 87-88.
10 This subsection added by sec. 105, Public Law 91-224.
442-867 O - 71 - 2
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(2) The Secretary is 'authorized to enter into agreements with pub-
lic and private agencies and institutions, and individuals to develop
and maintain an effective system for forecasting the supply of, and
demand for, various professional and other occupational categories
needed for the prevention, control, and abatement of water pollution
in each region, State, or area of the United States and, from time to
time, to publish the results of such forecasts.
(3) In furtherance of the purposes of this Act, the Secretary is
authorized to—
" (A) make grants to public or private agencies and institutions
and to individuals for training projects, and provide for the con-
duct of training by contract with public or private agencies and
institutions and with individuals without regard to sections 3648
and 3709 of the Revised Statutes;
" (B) establish and maintain research fellowships in the Depart-
ment of the Interior with such stipends and allowances, including
traveling and subsistence expenses, as he may deem necessary to
procure the assistance of the most promising research fellowships;
and
"(C) provide, in addition to the program established under
paragraph (1) of this subsection, training in technical matters
relating to the causes, prevention, and control of water pollution
for personnel of public agencies and other persons with suitable
qualifications."
(4) The Secretary shall submit, through the President, a report
to the Congress within eighteen months from the date of enactment
of this subsection, summarizing the actions taken under this subsection
and the effectiveness of such actions, and setting forth the number of
persons trained, the occupational categories for which training was
provided, the effectiveness of other Federal, State, and local training
programs in this field, together with estimates of future needs, recom-
mendations on improving training programs, and such other infor-
mation and recommendations, including legislative recommendations,
as he deems appropriate.
(h) The Secretary is authorized to enter into contracts with, or
make grants to, public or private agencies and organizations and indi-
viduals for (A) the purpose of developing and demonstrating new
or improved methods for the prevention, removal, and control of
natural or manmade pollution in lakes, including the undesirable
effects of nutrients and vegetation, and (B) the construction of pub-
licly owned research facilities for such purpose.7
(i) The Secretary shall—
"(A) engage in such research, studies, experiments, and demon-
strations as he deems appropriate, relative to the removal of oil
from any waters and to the prevention and control of oil
pollution;
"(B) publish from time to time the results of such activities;
'and
"(C) from time to time, develop and publish in the Federal
Register specifications and other technical information on the
various chemical compounds used as dispersants or emulsifiers in
the control of oil spills."
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In carrying out this subsection, the Secretary may enter into contracts
with, or make grants to, public or private agencies and organizations
and individuals.11
(j) The Secretary shall engage in such research, studies, experi-
ments, and demonstrations as he deems appropriate relative to equip-
ment which is to be installed on board a vessel and is designed to
receive, retain, treat, or discharge human body wastes and the wastes
from toilets and other receptacles intended to receive or retain body
wastes with particular emphasis on equipment to be installed on small
recreational vessels. The Secretary shall report to Congress the results
of such research, studies, experiments, and demonstrations prior to
the effective date of any standards established under section 13 of this
Act. In carrying out this subsection the Secretary may enter into con-
tracts with, or make grants to, public or private organizations and
individuals.11
(k) In carrying out the provisions of this section relating to the
conduct by the Secretary of demonstration projects and the develop-
ment of field laboratories and research facilities, the Secretary may
acquire land and interests therein by purchase, with appropriated or
donated funds, by donation, or by exchange for acquired or public
lands under his jurisdiction which he classifies as suitable for disposi-
tion. The values of the properties so exchanged either shall be approxi-
mately equal, or if they are not approximately equal, the values shall
be equalized by the payment of cash to the grantor or to the Secretary
as the circumstances require.11
(1)(1) The Secretary shall, after consultation with appropriate
local. State, and Federal agencies, public and private organizations,
and interested individuals, as soon as practicable but not later than
two years after the effective date of this subsection, develop and issue
to the States for the purpose of adopting standards pursuant to sec-
tion 10 (c) the latest scientific knowledge available in indicating the
kind and extent of effects on health and welfare which may be ex-
pected from the presence of pesticides in the water in varying quan-
tities. He shall revise and add to such information whenever necessary
to reflect developing scientific knowledge.
(2) For the purpose of assuring effective implementation of stand-
ards adopted pursuant to paragraph (1) the President shall, in con-
sultation with appropriate local, State, and Federal agencies, public
and private organizations, and interested individuals, conduct a study
and investigation of methods to control the release of pesticides into
the environment which study shall include examination of the per-
sistency of pesticides in the water environment and alternatives
thereto. The President shall submit a report on such investigation to
Congress together with his recommendations for any necessary legisla-
tion within two years after the effective date of this subsection.11
(m) (1) The Secretary shall, in cooperation with the Secretary of the
Army, the Secretary of Agriculture, the Water Kesources Council, and
with other appropriate Federal, State, interstate, or local public bodies
and private organizations, institutions, and individuals, conduct and
promote, and encourage contributions to, a comprehensive study of the
u These subsections added by sec. 105, Public Law 91-224.
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effects of pollution, including sedimentation, in the estuaries and
estuarine zones of the United States on fish and wildlife, on sport and
commercial fishing, on recreation, on water supply and water power,
and on other beneficial purposes. Such study shall also consider the
effect of demographic trends, the exploitation of mineral resources and
fossil fuels, land and industrial development, navigation, flood and
erosion control, and other uses of estuaries and estuarine zones upon
the pollution of the waters therein.
(2) In conducting the above study, the Secretary shall assemble,
coordinate, and organize all existing pertinent information on the
Nation's estuaries and estuarine zones; carry out a program of investi-
gations and surveys to supplement existing information in representa-
tive estuaries and estuarine zones; and identify the problems and areas
where further research and study are required.
(3) The Secretary shall submit to the Congress a final report of the
study authorized by this subsection not later than three years after the
date of enactment of this subsection. Copies of the report shall be made
available to all interested parties, public and private. The report shall
include, but not be limited to—
(A) an analysis of the importance of estuaries to the economic
and social well-being of the people of the United States and of the
effects of pollution upon the use and enjoyment of such
estuaries;
(B) a discussion of the major economic, social, and ecological
trends occurring in the estuarine zones of the Nation;
(C) recommendations for a comprehensive national program
for the preservation, study, use, and development of estuaries of
the Nation, and the respective responsibilities which should be
assumed by Federal, State, and local governments and by public
and private interests.
(4) There is authorized to be appropriated the sum of $1,000,000
per fiscal year for the fiscal years ending June 30, 1967, June 30, 1968,
June 30, 1969, June 30, 1970, and June 30, 1971 to carry out the pur-
poses of this subsection.12
(5) For the purpose of this subsection, the term "estuarine zones"
means an environmental system consisting of an estuary and those
transitional areas which are consistently influenced or affected by
water from an estuary such as, but not limited to, salt marshes, coastal
and intertidal areas, bays, harbors, lagoons, inshore waters, and chan-
nels, and the term "estuary" means all or part of the mouth of a
navigable or interstate river or stream or other body of water having
unimpaired natural connection with open sea and within which the
sea water is measurably diluted with fresh water derived from land
drainage.13
(n) There is authorized to be appropriated to carry out this section,
other than subsection (g) (1) and (2), not to exceed $65,000,000 per
fiscal year for each of the fiscal years ending June 30, 1969, June 30,
1970, and June 30, 1971. There is authorized to be appropriated to
carry out subsection (g) (1) of this section $5,000,000 for the fiscal
12 Extension added by sec. 103, Public Law 91-224.
uThis subsection added by sec. 201 (b), Public Law 89-753, renumbered by sec. 105,
Public Law 91-224.
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year ending June 30, 1970, and $7,500,000 for the fiscal year ending
June 30,1971. There is authorized to be appropriated to carry out sub-
section (g) (2) of this section $2,500,000 per fiscal year for each of the
fiscal years ending June 30, 1970, and June 30, 1971.14
GRANTS FOR RESEARCH AND DEVELOPMENT
SEC. 6.15 (a) The Secretary is authorized to make grants to any
State, municipality, or intermunicipal or interstate agency for the
purpose of—
(1) assisting in the development, of any project which will dem-
onstrate a new or improved method of controlling the discharge
into any waters of untreated or inadequately treated sewage or
other wastes from sewers which carry storm water or both storm
water and sewage or other wastes, or
(2) assisting in the development of any project which will
demonstrate advanced waste treatment and water purification
methods (including the temporary use of new or improved chemi-
cal additives which provide substantial immediate improvement to
existing treatment processes) or new or improved methods of joint
treatment systems for municipal and industrial wastes,
and for the purpose of reports, plans, and specifications in connection
therewith.
(b) The Secretary is authorized to make grants to persons for re-
search and demonstration projects for prevention of pollution of
waters by industry including, but not limited to, treatment of indus-
trial waste.
(c) Federal grants under subsection (a) of this section shall be
subject to the following limitations:
(1) No grant shall be made for any project pursuant to this
section unless such project shall have been approved by the appro-
priate State water pollution control agency or agencies and by the
Secretary;
(2) No grant shall be made for any project in an amount
exceeding 75 per centum of the estimated reasonable cost thereof
as determined by the Secretary; and
(3) No grant shall be made for any project under this section
unless the Secretary determines that such project will serve as a
useful demonstration for the purpose set forth in clause (1) or (2)
of subsection (a).
(d) Federal grants under subsection (b) of this section shall be
subject to the following limitations:
(i) No grant shall be made under this section in excess of
$1,000,000;
(2) No grant shall be made for more than 70 per centum of the
cost of the project; and
(3) No grant shall be made for any project unless the Secretary
determines that such project will serve a useful purpose in the
development or demonstration of a new or improved method of
-,ntlr?nl? .sul>section originally added by sec. 201 (d), Public Law 89-753, amended by sec.
105, Public Law 01-224.
is This subsection originally added by sec. 4, Public Law 80-284, amended bv sec 201
(a), Public Law 89-753.
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treating industrial wastes or otherwise preventing pollution of
waters by industry, which method shall have industry-wide
application.
(e) For the purposes of this section there are authorized to be
appropriated—
(1) for the fiscal year ending June 30,1966, and for each of the
next five succeeding fiscal years, the sum of $20,000,000 per fiscal
year for the purposes set forth in subsections (a) and (b) of this
section, including contracts pursuant to such subsections for such
purposes;
(2) for the fiscal year ending June 30,1967, and for each of the
next four succeeding fiscal years, the sum of $20,000,000 per
fiscal year for the purpose set forth in clause (2) of subsection
(a); and
(3) for the fiscal year ending June 30,1967, and for each of the
next four succeeding fiscal years, the sum of $20,000,000 per
fiscal year for the purpose set forth in subsection (b).16
GRANTS FOR WATER POLLUTION CONTROL PROGRAMS
SEC. 7. (a) 17 There are hereby authorized to be appropriated for the
fiscal year ending June 30,1957, and for each succeeding fiscal year to
and including the fiscal year ending June 30,1961, $3,000,000, for each
succeeding fiscal year to and including the fiscal year ending June 30,
1967, $5,000,000, and for each succeeding fiscal year to and including
the fiscal year ending June 30, 1971, $10,000,000 for grants to States
and to interstate agencies to assist them in meeting the costs of estab-
lishing and maintaining adequate measures for the prevention and
control of water pollution, including the training of personnel of
public agencies.
(b) The portion of the sums appropriated pursuant to subsection
(a) for a fiscal year which shall be available for grants to interstate
agencies and the portion thereof which shall be available for grants to
States shall be specified in the Act appropriating such sums.
(c) From the sums available therefor for any fiscal year the Secre-
tary shall from time to time make allotments to the several States, in
accordance with regulations, on the basis of (1) the population, (2) the
extent of the water pollution problem, and (3) the financial need of the
respective States.
(d) From each State's allotment under subsection (c) for any fiscal
year the Secretary shall pay to such State an amount equal to its Fed-
eral share (as determined under subsection (h)) of the cost of carrying
out its State plan approved under subsection (f), including the cost of
training personnel for State and local water pollution control work and
including the cost of administering the State plan.
(e) From the sums available therefor for any fiscal year the Sec-
retary shall from time to time make allotments to interstate agencies,
in accordance with regulations, on such basis as the Secretary finds
reasonable and equitable. He shall from time to time pay to each such
agency, from its allotment, an amount equal to such portion of the
"This subsection amendesd by sec. 106, Public Law 91-224, approved April 3 1970
17 This subsection amended by sec. 202, Public Law 89-753.
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cost of carrying out its plan approved under subsection (f) as may be
determined in accordance with regulations, including the cost of train-
ing personnel for water pollution control work and including the cost
of administering the interstate agency's plan. The regulations relating
to the portion of the cost of carrying out the interstate agency's plan
which shall be borne by the United States shall be designed to place
such agencies, so far as practicable, on a basis similar to that of the
States.
(f) The Secretary shall approve any plan for the prevention and
control of water pollution which is submitted by the State water pol-
lution control agency or, in the case of an interstate agency, by such
agency, if such plan
(1) provides for administration or for the supervision of ad-
ministration of the plan by the State water pollution control
agency or, in the case of a plan submitted by an interstate agency,
by such interstate agency;
(2) provides that such agency will make such reports, in such
form and containing such information, as the Secretary may from
time to time reasonably require to carry out his functions under
this Act;
(3) sets forth the plans, policies, and methods to be followed in
carrying out the State (or interstate) plan and in its administra-
tion ;
(4) provides for extension or improvement of the State or inter-
state program for prevention and control of water pollution;
(5) provides such accounting, budgeting, and other fiscal meth-
ods and procedures as are necessary for the proper and efficient
administration of the plan; and
(6) sets forth the criteria used by the State in determining pri-
ority of projects as provided in section 8(b) (4).1S
The Secretary shall not disapprove any plan without first giving rea-
sonable notice and opportunity for hearing to the State water pollution
control agency or interstate agency which has submitted such plan.
(g) (1) Whenever the Secretary, after reasonable notice and oppor-
tunity for hearing to a State water pollution control agency or inter-
state agency finds that
(A) the plan submitted by such agency and approved under
this section has been so changed that it no longer complies with a
requirement of subsection (f) of this section; or
(B) in the administration of the plan there is a failure to comply
substantially with such a requirement,
the Secretary shall notify such agency that no further payments will
be made to the State or to the interstate agency, as the case may be,
under this section (or in his discretion that further payments will not
be made to the State, or to the interstate agency, for projects under or
parts of the plan affected by such failure) until he is satisfied that there
will no longer be any such failure. Until he is so satisfied, the Secretary
shall make no further payments to such State, or to such interstate
agency, as the case may be, under this section (or shall limit payments
to projects under or parts of the plan in which there is no such failure).
(2) If any State or any interstate agency is dissatisfied with the
18 Added by sec. 4(b), Public Law 87-88.
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16
Secretary's action with respect to it under this subsection, it may ap-
peal to the United States court of appeals for the circuit in which such
State (or any 01 the member States, in the case of an interstate agency)
is located. The summons and notice of appeal may be served at any
place in the United States. The findings of fact by the Secretary,
unless contrary to the weight of the evidence, shall be conclusive; but
the court, for good cause shown, may remand the case to the Secretary
to take further evidence, and the Secretary may thereupon make new
or modified findings of fact and may modify his previous action. Such
new or modified findings of fact shall likewise be conclusiA'e unless
contrary to the weight of the evidence. The court shall have jurisdic-
tion to affirm the action of the Secretary or to set it aside, in \vhole or
in part. The judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or certification as
provided in title 28, United States Code, section 1254.
(h) 19(1) The "Federal share" for any State shall be 100 per centum
less that percentage which bears the same ratio to 50 per centum as
the per capita income of such State bears to the per capita income of
the United States, except that (A) the Federal share shall in no case
be more than 66% per centum or less than 33i/3 per centum, and (B)
the Federal share for Puerto Rico and the Virgin Islands shall be
66% per centum.
(2) The "Federal shares" shall be promulgated by the Secretary
between July 1 and September 30 of each even-numbered yeai1, on the
basis of the average of the per capita incomes of the States and of the
continental United States for the three most recent consecutive years
for which satisfactory data are available from the Department of
Commerce.
(3) As used in this subsection, the term "United States" means the
fifty States and the District of Columbia.
(4) Promulgations made before satisfactory data are available
from the Department of Commerce for a full year on the per capita
income of Alaska shall prescribe a Federal share for Alaska of 50 per
centum and, for purposes of such promulgations, Alaska shall not be
included as part of the "United States". Promulgations made there-
after but before per capita income data for Alaska for a full three-
year period are available for the Department of Commerce shall be
based on satisfactory data available therefrom for Alaska for such
one full year or, when such data are available for a two-year period,
for such two years.
(i) The population of the several States shall be determined on the
basis of the latest figures furnished by the Department of Commerce.
(j) The method of computing and paying amounts pursuant to sub-
section (d) or (e) shall be as follows:
(1) The Secretary shall, prior to the beginning of each calendar
quarter or other period prescribed by him, estimate the amount to be
paid to each State (or to each interstate agency in the case of sub-
section (e)) under the provisions of such subsection for such period,
such estimate to be based on such records of the State (or the interstate
* Amended by sec. 23, Public Law 86-6?4.
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17
agency) and information furnished by it, and such other investiga-
tion, as the Secretary may find necessary.
(2) The Secretary shall pay to the State (or to the interstate
agency), from the allotment available therefor, the amount so esti-
mated by him for any period, reduced or increased, as the case may be,
by any sum (not previously adjusted under this paragraph) by which
he finds that his estimate of the amount to be paid such State (or such
interstate agency) for any prior period under such subsection was
§reater or less than the amount which should have been paid to such
tate (or such agency) for such prior period under such subsection.
Such payments shall be made through the disbursing facilities of the
Treasury Department, in such installments as the Secretary may
determine.
GRANTS FOR CONSTRUCTION
SEC. 8. (a) The Secretary is authorized to make grants to any State,
municipality, or intermunicipal or interstate agency for the construc-
tion of necessary treatment works to prevent the discharge of un-
treated or inadequately treated sewage or other waste into any waters
and for the purpose of reports, plans, and specifications in connection
therewith.
(b) Federal grants under this section shall be subject to the follow-
ing limitations : (1) No grant shall be made for any project pursuant
to this section unless such project shall have been approved by the
appropriate State water pollution control agency or agencies and by
the Secretary and unless such project is included in a comprehensive
program developed pursuant to this Act; (2) no grant shall be made
for any project in an amount exceeding 30 per centum of the estimated
reasonable cost thereof as determined by the Secretary; (3) no grant
shall be made unless the grantee agrees to pay the remaining cost;
(4) no grant shall be made for any project under this section until the
applicant has made provision satisfactory to the Secretary for assuring
proper and efficient operation and maintenance of the treatment works
after completion of the construction thereof; and (5) no grant shall be
made for any project under this section unless such project is in con-
formity with the State water pollution control plan submitted pur-
suant to the provisions of section 7 and has been certified by the
appropriate State water pollution control agency as entitled to priority
over other eligible projects on the basis of financial as well as water
pollution control needs; (6) the percentage limitation of 30 per centum
imposed by clause (2) of this subsection shall be increased to a maxi-
mum of 40 per centum in the case of grants made under this section
from funds allocated for a fiscal year to a State under subsection (c) of
this section if the State agrees to pay not less than 30 per centum of the
estimated reasonable cost (as determined by the Secretary) of all proj-
ects for which Federal grants are to be made under this section from
such allocation; (7) the percentage limitations imposed by clause (2)
of this subsection shall be increased to a maximum of 50 per centum in
the case of grants made under this section from funds allocated for
a fiscal year to a State under subsection (c) of this section if the State
agrees to pay not less than 25 per centum of the estimated reasonable
costs (as determined by the Secretary) of all projects for which Fed-
442-867 0-71-3
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18
eral grants are to be made under this section from such allocation 'and
if enforceable water quality standards have been established for the
waters into which the project discharges, in accordance with section
10(c) of this Act in the case of interstate waters, and under State law
in the case of intrastate waters.20
(c) In determining the desirability of projects for treatment works
and of approving Federal financial aid in connection therewith, con-
sideration shall be given by the Secretary to the public benefits to be
derived by the construction and the propriety of Federal aid in such
construction, the relation of the ultimate cost of constructing and main-
taining the works to the public interest and to the public necessity for
the works, and the adequacy of the provisions made or proposed by the
applicant for such Federal financial aid for assuring proper and effi-
cient operation and maintenance of the treatment works after comple-
tion of the construction thereof. The sums appropriated pursuant to
subsections (d) for each fiscal year ending on or before June 30,1965,
and the first $100,000,000 appropriated pursuant to subsection (d) for
each fiscal year beginning on or after July 1,1965,21 shall be allotted by
the Secretary from time to time, in accordance with regulations, as
follows: (1) 50 per centum of such sums in the ratio that the popula-
tion of each State bears to the population of all the States, and (2) 50
per centum of such sums in the ratio that the quotient obtained by
dividing the per capita income of the United States by the per capita
income of each State bears to the sum of such quotients for all the
States. All sums in excess of $100,000,000 appropriated pursuant to
subsection (d) for each fiscal year beginning on or after July 1,1965,
shall be allotted by the Secretary from time to time, in accordance
with regulations, in the ratio that the population of each State bears
to the population of all States. Sums allotted to a State under the
two preceding sentences which are not obligated within six months fol-
lowing the end of the fiscal year for which they were allotted because
of a lack of projects which have been approved by the State water
pollution control agency under subsection (b) (1) of this section and
certified as entitled to priority under subsection (b) (4) of this section,
shall be reallotted by the Secretary, on such basis as he determines to
be reasonable and equitable and in accordance with regulations promul-
gated by him, to States having projects approved under this section
for which grants have not been made because of lack of funds includ-
ing States having projects eligible for reimbursement pursuant to the
sixth and seventh sentence of this subsection:22 Provided, however,
that whenever a State has funds subject to reallocation and the Secre-
tary finds that the need for a project in a community in such State is
due in part to any Federal institution or Federal construction activity,
he may, prior to such reallocation, make an additional grant with
respect to such project which will in his judgment reflect an equitable
contribution for the need caused by such Federal institution or ac-
tivity. Any sum made available to a State by reallotment under the
preceding sentence shall be in addition to any funds otherwise allotted
to such State under this Act. The allotments of a State under the
20 Subsection 8 (b) amended by section 203, P.L. 89-753.
a Added by sec. 4, Public Law 89-234.
22 Added by sec 111, Public Law 91-224.
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19
second, third, and fourth sentences of this subsection shall be available,
in accordance with the provisions of this section, for payments with
respect to projects in such State which have been approved under this
section, except23 that in the case of any project on which construction
was initiated in such State after June 30,1966, which was approved by
the appropriate State water pollution control agency and which the
Secretary finds meets the requirements of this section but was con-
structed without such assistance, such allotments for any fiscal year
ending prior to July 1, 1971, shall also be available for payments in
reimbursement of State or local funds used for such project prior to
July 1, 1971, to the extent that assistance could have been provided
under this section if such project had been approved pursuant to this
section and adequate funds had been available. In the case of any
project on which construction was initiated in such State after
June 30, 1966, and which was constructed with assistance pursuant
to this section but the amount of such assistance was a lesser per cen-
tum of the cost of construction than was allowable pursuant to this
section, such allotments shall also be available for payments in re-
imbursement of State or local funds used for such project prior to
July 1, 1971, to the extent that assistance could have been provided
under this section if adequate funds had been available. Neither a
findings by the Secretary that a project meets the requirements of
this subsection, nor any other provision of this subsection, shall be
construed to constitute a commitment or obligation of the United
States to provide funds to make or pay any grant for such project. For
purposes of this section, population shall be determined on the basis
of the latest decennial census for which figures are available, as cer-
tified by the Secretary of Commerce, and per capita income for each
State and for the United States shall be determined on the basis of
the average of the per capita incomes of the States and of the con-
tinental United States for the three most recent consecutive years
for which satisfactory data are available from the Department of
Commerce.
(d)24 There are hereby authorized to be appropriated for each fiscal
year through and including the fiscal year ending June 30, 1961, the
sum of $50,000,000 per fiscal year for the purpose of making grants
under this section. There are hereby authorized to be appropriated,
for the purpose of making grants under this section, $80,000,000 for
the fiscal year ending June 30,1962, $90,000,000 for the fiscal year end-
ing June 30,1963, $100,000,000 for the fiscal year ending June 30,1964,
$100,000,000 for the fiscal year ending June 30, 1965, $150,000,000 for
the fiscal year ending June 30,1966, $150,000,000 for the fiscal year end-
ing June 30,1967; $450,000,000 for the fiscal year ending June 30,1968;
$700,000,000 for the fiscal year ending June 30, 1969; $1,000,000,000
for the fiscal year ending June 30,1970; and $1,250,000,000 for the fiscal
year ending June 30, 1971. Sums so appropriated shall remain avail-
able until expended. At least 50 per centum of the funds so appro-
priated for each fiscal year ending on or before June 30, 1965, and at
least 50 per centum of the first $100,000,000 so appropriated for each
23 Reimbursement provision added by sec. 204, Public Law 89-753.
34 This subsection amended by sec. 205, Public Law 89-753.
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20
fiscal year beginning on or after July 1, 1965, shall be used for grants
for the construction of treatment works servicing municipalities of one
hundred and twenty-five thousand population or under.
(e) The Secretary shall make payments under this section through
the disbursing facilities of the Department of the Treasury. Funds so
paid shall be used exclusively to meet the cost of construction of the
project for which the amount was paid. As used in this section the term
"construction" includes preliminary planning to determine the eco-
nomic and engineering feasibility of treatment works, the engineering,
architectural, legal, fiscal, and economic investigations and studies,
sxirveys, designs, plans, working drawings, specifications, procedures,
and other action necessary to the construction of treatment works; and
the erection, building, acquisition, alteration, remodeling, improve-
ment, or extension of treatment works; and the inspection and super-
vision of the construction of treatment works.
(f) Notwithstanding any other provisions of this section, the Sec-
retary may increase the amount of a grant made under subsection (b)
of this section by an additional 10 per centum of the amount of such
grant for any project which has been certified to him by an official
State, metropolitan, or regional planning agency empowered under
State or local laws or interstate compact to perform metropolitan or
regional planning for a metropolitan area within which the assistance
is to be used, or other agency or instrumentality designated for such
purposes by the Governor (or Governors in the case of interstate plan-
ning) as being in conformity with the comprehensive plan developed
or in process of development for such metropolitan area. For the pur-
poses of this subsection, the term "metropolitan area" means either
(1) a standard metropolitan statistical area as defined by the Bureau
of the Budgetj except as may be determined by th«j President as not
being appropriate for the purposes hereof, or (2) any urban area, in-
cluding those surrounding areas that form an economic and socially
related region, taking into consideration such factors as present and
future population trends and patterns of urban growth, location of
transportation facilities and systems, and distribution of industrial,
commercial, residential, governmental, institutional, and other activ-
ities, which in the opinion of the President lends itself as being appro-
priate for the purposes hereof.25
(g) The Secretary shall take such action as may be necessary to
insure that all laborers and mechanics employed by contractors or
subcontractors on projects for which grants are made under this sec-
tion shall be paid wages at rates not less than those prevailing for the
same type of work on similar construction in the immediate locality,
as determined by the Secretary of Labor, in accordance with the Act
of March 3,1931, as amended, known as the Davis-Bacon Act (46 Stat.
1494; 40 U.S.V., sees. 276a through 276a-5). The Secretary of Labor
shall have, with respect to the labor standards specified in this subsec-
tion, the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267; 5 U.S.C. 133z-15)
and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948;
40 U.S.C. 276c).26
25 Added by see. 4, Public Law 89-234.
29 Added by sec. 4, Public Law 89-234.
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21
WATER POLLUTION CONTROL ADVISORY BOARD
Sec. 9. (a) (1) There is hereby established in the Department of the
Interior a Water Pollution Control Advisory Board, composed of the
Secretary or his designee, who shall be chairman 2T and nine members
appointed by the President, none of whom shall be Federal officers or
employees. The appointed members, having due regard for the pur-
poses of this Act, shall be selected from among representatives of vari-
ous State, interstate and local governmental agencies, of public or pri-
vate interests contributing to, affected by, or concerned with water
pollution, and of other public and private agencies, organizations, or
groups demonstrating an active interest in the field of water pollution
prevention and control, as well as other individuals who are expert in
this field.
(2) (A) Each member appointed by the President shall hold office
for a term of three years, except that (i) any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of
such term, and (ii) the terms of office of the members first taking office
after June 30,1956, shall expire as follows: three at the end of one year
after such date, three at the end of two years after such date, and three
at the end of three years after such date, as designated by the President
at the time of appointment, and (iii) the term of any member under
the preceding provisions shall be extended until the date on which his
successor's appointment is effective. None of the members appointed by
the President shall be eligible for reappointment within one year after
the end of his preceding term but terms commencing prior to the enact-
ment of the Water Pollution Control Act Amendments of 1956 shall
not be deemed "preceding terms'' for purposes of this sentence.
(B) The members of the Board who are not officers or employees of
the United States, while attending conferences or meetings of the
Board or while otherwise serving at the request of the Secretary, shall
be entitled to receive compensation at a rate to be fixed by the Secre-
tary, but not exceeding $50 per diem, including travel time, and while
away from their homes or regular places of business they may be
allowed travel expenses, including per diem in lieu of subsistence, as
authorized by law (5 U.S.C. 73b-2) for persons in the Government
service employed intermittently.
(b) The Board shall advise, consult with, and make recommenda-
tions to the Secretary on matters of policy relating to the activities and
functions of the Secretary under this Act.
(c) Such clerical and technical assistance as may be necessary to dis-
charge the duties of the Board shall be provided from the personnel of
the Department of the Interior.
ENFORCEMENT MEASURES AGAINST POLLUTION OF INTERSTATE OR
NAVIGABLE WATERS
SEC. 10. (a) The pollution of interstate or navigable28 waters in or
adjacent to any State or States (whether the matter causing or contrib-
27 Reorganization Plan No. 2 of 1966 provided that the Secretary of Health, Education,
and Welfare shall hp an add;tlonil member of the Board.
28 Phrase added by see. 7, Public Law 87-88.
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22
uting to such pollution is discharged directly into such waters or
reaches such waters after discharge into a tributary of such waters),
which endangers the health or welfare of any persons 2S shall be sub-
ject to abatement as provided in this Act.
(b) Consistent with the policy declaration of this Act, State and
interstate action to abate pollution of interstate or navigable waters 28
shall be encouraged and snail not, except as otherwise provided by or
pursuant to court order under subsection (h), be displaced by Federal
enforcement action.
(c) (1) If the Governor of a State or a State water pollution control
agency files, within one year after the date of enactment of this sub-
section,29 a letter of intent that such State, after public hearings, will
before June 30, 1967, adopt (A) water quality criteria applicable to
interstate waters or portions thereof within such State, and (B) a plan
for the implementation and enforcement of the water quality criteria
adopted, and if such criteria and plan are established in accordance
with the letter of intent, and if the Secretary determines that such State
criteria and plan are consistent with paragraph (3) of this subsection,
such State criteria and plan shall thereafter be the water quality
standards applicable to such interstate waters or portions thereof.
(2) If a State does not (A) file a letter of intent or (B) establish
water quality standards in accordance with paragraph (1) of this sub-
section, or if the Secretary or the Governor of any State affected by
'water quality standards established pursuant to this subsection desires
a revision in such standards, the Secretary may, after reasonable notice
and a conference of representatives of appropriate Federal depart-
ments and agencies, interstate agencies, States, municipalities and
industries involved, prepare regulations setting forth standards of
water quality to be applicable to interstate waters or portions thereof.
If, within six months from the date the Secretary publishes siich reg-
ulations, the State has not adopted water quality standards found by
the Secretary to be consistent with paragraph (3) of this subsection, or
a petition for public hearing has not been filed under paragraph (4) of
this subsection, the Secretary shall promulgate such standards.
(3) Standards of quality established pursuant to this subsection
shall be such as to protect the public health or welfare, enhance the
quality of water and serve the purposes of this Act. In establishing such
standards the Secretary, the Hearing Board, or the appropriate State
authority shall take into consideration their use and value for public
water supplies, propagation of fish and wildlife, recreational purposes,
and agricultural, industrial, and other legitimate uses. In establishing
such standards the Secretary, the Hearing Board, or the appropriate
State authority shall take into consideration their use and value for
navigation.30
(4) If at any time prior to 30 days after standards have been pro-
mulgated under paragraph (2) of this subsection, the Governor of any
State affected by such standards petitions the Secretary for a hearing,
the Secretary shall call a public hearing, to be held in or near one or
more of the places where the water quality standards will take effect,
89This subsection added by sec. 5(a), Public Law 89-234, approved October 2, 1965.
30 Last sentence added by sec. 112, Public Law 90-224.
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23
before a Hearing Board of five or more persons appointed by the Sec-
retary. Each State which would be affected by such standards shall
be given an opportunity to select one member of the Hearing Board.
The Department of Commerce and other affected Federal departments
and agencies shall each be given an opportunity to select a member
of the Hearing Board 31 and not less than a majority of the Hearing
Board shall be persons other than officers or employees of the Depart-
ment of the Interior. The members of the Board who are not officers
or employees of the United States, while participating in the hearing
conducted by such Hearing Board or otherwise engaged on the work
of such Hearing Board, shall be entitled to receive compensation at a
rate fixed by the Secretary, but not exceeding $100 per diem, including
travel time, and while away from their homes or regular places of
business they may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons
in the Government service employed intermittently. Notice of such
hearing shall be published in the Federal Register and given to the
State water pollution control agencies, interstate agencies and munici-
palities involved at least 30 days prior to the date of such hearing. On
the basis of the evidence presented at such hearing, the Hearing Board
shall make findings as to whether the standards published or promul-
gated by the Secretary should be approved or modified and transmit
its findings to the Secretary. If the Hearing Board approves the
standards as published or promulgated by the Secretary the stand-
ards shall take effect on receipt by the Secretary of the Hearing
Board's recommendations. If the Hearing Board recommends modifi-
cations in the Standards as published or promulgated by the Secre-
tary, the Secretary shall promulgate revised regulations setting forth
standards of water quality in accordance with the Hearing Board's
recommendations which will become effective immediately upon
promulgation.
(5) The discharge of matter into such interstate waters or portions
thereof, which reduces the quality of such waters below the water
quality standards established under this subsection (whether the
matter causing or contributing to such reduction is discharged directly
into such waters or reaches such waters after discharge into tributaries
of such waters), is subject to abatement in accordance with the provi-
sions of paragraph (1) or (2) of subsection (g) of this section, except
that at least 180 days before any abatement action is initiated under
either paragraph (1) or (2) of subsection (g) as authorized by this
subsection, the Secretary shall notify the violators and other inter-
ested parties of the violation of such standards. In any suit brought
under the provisions of this subsection the court shall receive in evi-
dence a transcript of the proceedings of the conference and hearing
provided for in this subsection, together with the recommendations of
the conference and Hearing Board and the recommendations and
standards promulgated by the Secretary, and such additional evi-
dence, including that relating to the alleged violation of the standards,
as it deems necessary to a complete review of the standards and to a
31 Reorganization Plan No. 2 of 1966 provided that the Secretary of the Interior shall give
the Secretary of Health, Education, and Welfare an opportunity to select a member of the
Hearing Board.
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determination of all other issues relating to the alleged violation. The
court, giving due consideration to the practicability and to the physi-
cal and economic feasibility of complying with such standards, shall
have jurisdiction to enter such judgment and orders enforcing such
judgment as the public interest and the equities of the case may
require.
(6) Nothing in this subsection shall (A) prevent the application
of this section to any case to which subsection (a) of this section would
otherwise be applicable, or (BJ extend Federal jurisdiction over water
not otherwise authorized by this Act.
(7) In connection with any hearings under this section no witness
or any other person shall be required to divulge trade secrets or secret
processes.
(d) (1)32 Whenever requested by the Governor of any State or State
water pollution control agency, or (with the concurrence of the Gov-
ernor and of the State water pollution control agency for the State in
which the municipality is situated) the governing body of any muni-
cipality, the Secretary shall, if such request refers to pollution of
waters which is endangering the health or welfare of persons in a State
other than that in which the discharge or discharges (causing or con-
tributing to such pollution) originates, give formal notification
thereof to the water pollution control agency and interstate agency, if
any, of the State or States where such discharge or discharges origi-
nate and shall call promptly a conference of such agency or agencies
and of the State water pollution control agency and interstate agency,
if any, of the Sictte or States, if any, which may be adversely affected
by such pollution. Whenever requested by the Governor of any State,
the Secretary shall, if such request refers to pollution of interstate or
navigable waters which is endangering the health or welfare of per-
sons only in the requesting State in which the discharge or discharges
(causing or contributing to such pollution) originate, give formal
notification thereof to the water pollution control agency and inter-
state agency, if any, of such State and shall promptly call a conference
of such agency or agencies, unless, in the judgment of the Secretary,
the effect of such pollution on the legitimate uses of the waters is not
of sufficient significance to warrant exercise of Federal jurisdiction
under this section. The Secretary shall also call such a conference
whenever, on the basis of reports, surveys, or studies, he has reason to
believe that any pollution referred to in subsection (a) and endanger-
ing the health or welfare of persons in a State other than that in which
the discharge or discharges originate is occurring33 or he finds that
substantial economic injury results from the inability to market shell-
fish or shellfish products in interstate commerce because of pollution
referred to in subsection (a) and action of Federal, State, or local
authorities.
(2)34 Whenever the Secretary, upon receipt of reports, surveys, or
studies from any duly constituted international agency, has reason to
Jw.lieve that any pollution referred to in subsection (a) of this section
wit, h endangers the health or welfare of persons in a foreign country
32 Ai nded by sec. 7, Public Law 87-88.
33 Remainder of sentence added by sec. 5(b), Public Law 89-234.
34 This paragraph added by sec. 206, Public Law 89-T53.
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25
is occurring, and the Secretary of State requests him to abate such
pollution, he shall give formal notification thereof to the State water
pollution control agency of the State in which such discharge or dis-
charges originate and to the interstate water pollution control agency,
if any, and shall call promptly a conference of such agency or agen-
cies, if he believes that such pollution is occurring in sufficient quan-
tity to warrant such action. The Secretary, through the Secretary of
State, shall invite the foreign country which may be adversely affected
by the pollution to attend and participate in the conference, and the
representative of such country shall, for the purpose of the conference
and any further proceeding resulting from such conference, have all
the rights of a State water pollution control agency. This paragraph
shall apply only to a foreign country which the Secretary determines
has given the United States essentially the same rights with respect
to the prevention and control of water pollution occurring in that
country as is given that country by this paragraph. Nothing in this
paragraph shall be construed to modify, amend, repeal, or otherwise
affect the provisions of the 1909 Boundary Waters Treaty between
Canada and the United States or the Water Utilization Treaty of 1944
between Mexico and the United States (59 Stat. 1219), relative to the
control and abatement of water pollution in waters covered by those
treaties.
(3) The agencies called to attend such conference may bring such
persons as they desire to the conference. In addition,35 it shall be the
responsibility of the chairman of the conference to give every per-
son contributing to the alleged pollution or affected by it an oppor-
tunity to make a full statement of his views to the conference. Not
less than three weeks' prior notice of the conference date shall be
given to such agencies.
(4) Following this conference, the Secretary shall prepare and for-
ward to all the water pollution control agencies attending the con-
ference a summary of conference discussions including (A) occurrence
of pollution of interstate or navigable waters subject to 'abatement
under this Act; (B) adequacy of measures taken toward abatement
of the pollution; and (C) nature of delays, if any, being encountered
in abating the pollution.
(e) If the Secretary believes, upon the conclusion of the conference
or thereafter, that effective progress toward abatement of such pollu-
tion is not being made and that the health or welfare of any persons
is being endangered, he shall recommend to the appropriate State
water pollution control agency that it take necessary remedial action.
The Secretary shall allow at least six months from the date he makes
such recommendations for the taking of such recommended action.36
(f) (1) If, at the conclusion of the period so allowed, such remedial
action has not been taken or action which in the judgment of the
Secretary is reasonably calculated to secure abatement of such pollu-
tion has not been taken, the Secretary shall call a public hearing, to be
held in or near one or more of the places where the discharge or dis-
charges causing or contributing to such pollution originated, before
a Hearing Board of five or more persons appointed by the Secretary.
33 This sentence added by sec. 207, Public Law 89-753.
3« Amended by sec. 7, Public Law 87-88.
442-867 O - 71 - 4
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Each State in which any discharge causing or contributing to such
pollution originates and each State claiming to be adversely affected
by such pollution shall be given an opportunity to select one member
of the Hearing Board 37 and at least one member shall be a representa-
tive of the Department of Commerce, and not less than a majority of
the Hearing Board shall be persons other than officers or employees of
the Department of the Interior. At least three weeks' prior notice of
such hearing shall be given to the State water pollution control agen-
cies and interstate agencies, if any, called to attend the aforesaid hear-
ing and the alleged polluter or polluters. It shall be38 the responsi-
bility of the Hearing Board to give every person contributing to the
alleged pollution or affected by it an opportunity to make a full state-
ment of his views to the Hearing Board. On the basis of the evidence
presented at such hearing, the Hearing Board shall make findings as
to whether pollution referred to in subsection (a) is occurring and
whether effective progress toward abatement thereof is being made. If
the Hearing Board finds such pollution is occurring and effective
progress toward abatement thereof is not being made it shall make
recommendations to the Secretary concerning the measures, if any,
which it finds to be reasonable and equitable to secure abatement of
such pollution. The Secretary shall send such findings and recom-
mendations to the person or persons discharging any matter causing
or contributing to such pollution, together with a notice specifying a
reasonable time (not Jess than six months) to secure abatement of such
pollution, and shall also send such findings and recommendations and
such notice to the State water pollution control agency and to the inter-
state agency, if any, of the State or States where such discharge or
discharges originate.
(2)39 In connection with any hearing called under this section the
Secretary is authorized to require any person whose alleged activities
result in discharges causing or contributing to water pollution to file
with him, in such form as he may prescribe, a report based on existing
data, furnishing such information as may reasonably be required as to
the character, kind, and quantity of such discharges and the use of
facilities or other means to prevent or reduce such discharges by the
person filing such a report. Such report shall be made under oath or
otherwise, as the Secretary may prescribe, and shall be filed with the
Secretary within such reasonable period as the Secretary may prescribe,
unless additional time be granted by the Secretary. No person shall be
required in such report to divulge trade secrets or secret processes, and
all information reported shall be considered confidential for the pur-
poses of section 1905 of title 18 of the United States Code.
(3)40 If any person required to file any report under paragraph (2)
of this subsection shall fail to do so within the time fixed by the Secre-
tary for filing the same, and such failure shall continue for thirty days
after notice of such default, such person shall forfeit to the United
States the sum of $100 for each and every day of the continuance of
such failure, which forfeiture shall be, payable into the Treasury of
37 Reorganization Plan No. 2 of 1966 provided that the Secretary of the Interior shall
give the Secretary of Health, Education, and Welfare an opportunity to select a member
of the Hearing Board.
38 This sentence added by sec. 208 (b), Public Law 89-753.
39 This paragraph added by sec. 208(b), Public Law 89-753.
40 Subparagraphs added by sec 208(b), Public Law 89-753.
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the United States, and shall be recoverable in a civil suit in the name
of the United States brought in the district where such person has
his principal office or in any district in which he does business. The
Secretary may upon application therefor remit or mitigate any for-
feiture provided for under this paragraph and he shall have authority
to determine the facts upon all such applications.
(4)40 It shall be the duty of the various United States attorneys,
under the direction of the Attorney General of the United States, to
prosecute for the recovery of such forfeitures.
(g)41 If action reasonably calculated to secure abatement of the pol-
lution within the time specified in the notice following the public hear-
ing is not taken, the Secretary—
(1) in the case of pollution of waters which is endangering the
health or welfare of persons in a State other than that in which
the discharge or discharges (causing or contributing to such pollu-
tion) originate, may request the Attorney General to bring a suit
on behalf of the United States to secure abatement of pollution,
and
(2) in the case of pollution of waters which is endangering the
health or welfare of persons only in the State in which the dis-
charge or discharges (causing or contributing to such pollution)
originate, may, with the written consent of the Governor of such
State, request the Attorney General to bring a suit on behalf of
the United States to secure abatement of the pollution.
(h) The court shall receive in evidence in any such suit a transcript
of the proceedings before the Board and a copy of the Board's rec-
ommendations and shall receive such further evidence as the court in
its discretion deems proper. The court, giving due consideration to
the practicability and to the physical and economic feasibility of secur-
ing abatement of any pollution proved, shall have jurisdiction to enter
such judgment, and orders enforcing such judgment, as the public
interest and the equities of the case may require.
(i) Members of any Hearing Board appointed pursuant to sub-
section (f) who are not regular full-time officers or employees of the
United States shall, while participating in the hearing conducted by
such Board or otherwise engaged on the work of such Board, be en-
titled to receive compensation at a rate fixed by the Secretary, but
not exceeding $100 per diem, including travel time, and while away
from their homes or regular places of business they may be allowed
travel expenses, including per diem in lieu of subsistence, as author-
ized by law (5 U.S.C. 73b-2) for persons in the Government service
employed intermittently.42
(j) As used in this section the term—
(1) "person" includes an individual, corporation, partnership,
association, State, municipality, and political subdivision of a
State, and
(2) "municipality" means a city, town, borough, county, par-
ish, district, or other public body created by or pursuant to State
law.42
41 Amended by sec. 7, Public Law 87-88.
42 Amended by sec. 7, Public Law 87-88.
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(k)43(l) At the request of a majority of the conferees in any con-
ference called under this section the Secretary is authorized to request
any person whose alleged activities result in discharges causing or con-
tributing to water pollution, to file with him a report (in such form as
may be prescribed in regulations promulgated by him) based on exist-
ing data, furnishing such information as may reasonably be requested
as to the character, kind, and quantity of such discharges and the use
of facilities or other means to prevent or reduce such discharges by the
person filing such a report. No person shall be required in such report
to divulge trade secrets or secret processes, and all information re-
ported shall be considered confidential for the purposes of section 1905
of title 18 of the United States Code.
(2) If any person required to file any report under this subsection
shall fail to do so within the time fixecl by regulations for filing the
same, and such failure shall continue for thirty days after notice of
such default, such person may, by order of a majority of the conferees,
be subject to a forfeiture of $100 for each and every day of the contin-
uance of such failure which forfeiture shall be payable into the Treas-
ury of the United States and shall be recoverable in a civil suit in the
name of the United States brought in the district where such person
has his principal office or in any district in which he does business. The
Secretary may upon application therefor remit or mitigate any for-
feiture provided for under this subsection and he shall have authority
to determine the facts upon all such applications.
(3) It shall be the duty of the various United States attorneys,
under the direction of the Attorney General of the United States, to
prosecute for the recovery of such forfeitures.
CONTROL OF POLLUTION BY OIL 44
SEC. 11. (a) For the purpose of this section, the term—
(1) "oil" means oil of any kind or in any form, including, but
not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed
with wastes other than dredged spoil;
(2) "discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping;
(3) "vessel" means every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation on water other than a public vessel;
(4) "public vessel" means a vessel owned or bare-boat chartered
and operated by the United States, or by a State or political sub-
division thereof, or by a foreign nation, except when such vessel is
engaged in commerce;
(5) "United States" means the States, the District of Columbia,
the Commonwealth of Puerto Rico, the Canal Zone, Guam, Amer-
ican Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands;
(6) "owner or operator" means (A) in the case of a vessel, any
person owning, operating, or chartering by demise, such vessel,
and (B) in the case of an onshore facility, and an offshore facility,
« This subsection added by sec. 208 (a), Public Law 89-753.
" Added by sec. 102, Public Law 91-224.
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any person owning or operating such onshore facility or offshore
facility, and (C) in the case of any abandoned offshore facility,
the person who owned or operated such facility immediately prior
to such abandonment;
(7) "person" includes an individual, firm, corporation, associa-
tion, and a partnership;
(8) "remove" or "removal" refers to removal of the oil from
the water and shorelines or the taking of such other actions as
may be necessary to minimize or mitigate damage to the public
health or welfare, including, but not limited to, fish, shellfish,
wildlife, and public and private property, shorelines, and beaches;
(9) "contiguous zone" means the entire zone established or to
be established by the United States under article 24 of the Con-
vention on the Territorial Sea and the Contiguous Zone;
(10) "onshore facility" means any facility (including, but not
limited to, motor vehicles and rolling stock) of any kind located
in, on, or under, any land within the United States other than
submerged land;
(11) "offshore facility" means any facility of any kind located
in, on, or under, any of the navigable waters of the United States
other than a vessel or a public vessel;
(12) "act of God" means an act occasioned by an unanticipated
grave natural disaster;
(13) "barrel" means 42 United States gallons at 60 degrees
Fahrenheit.
(b) (1) The Congress hereby declares that it is the policy of the
United States that there should be no discharges of oil into or upon
the navigable waters of the United States, adjoining shorelines, or into
or upon the waters of the contiguous zone.
(2) The discharge of oil into or upon the navigable waters of the
United States, adjoining shorelines, or into or upon the waters of the
contiguous zone in harmful quantities as determined by the President
under paragraph (3) of this subsection, is prohibited, except (A) in
the case of such discharges into the waters of the contiguous zone,
where permitted under article IV of the International Convention for
the Prevention of Pollution of the Sea by Oil, 1954, as amended, and
(B) where permitted in quantities and at times and locations or under
such circumstances or conditions as the President may, by regulation,
determine not to be harmful. Any regulations issued under this sub-
section shall be consistent with maritime safety and with marine
and navigation laws and regulations and applicable water quality
standards.
(3) The President shall by regulation, to be issued as soon as possi-
ble after the date of enactment of this paragraph, determine for the
purposes of this section, those quantities of oil the discharge of which,
at such times, locations, circumstances, and conditions, will be harmful
to the public health or welfare of the United States, including, but not
limited to, fish, shellfish, wildlife, and public and private property,
shorelines, and beaches except that in the case of the discharge of oil
into or upon the waters of the contiguous zone, only those discharges
which threaten the fishery resources of the contiguous zone or threaten
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to pollute or contribute to the pollution of the territory or the terri-
torial sea of the United States may be determined to be harmful.
(4) Any person in charge of a vessel or of an onshore facility or an
offshore facility shall, as soon as he has knowledge of any discharge of
oil from such vessel or facility in violation of paragraph (2) of this
subsection, immediately notify the appropriate agency of the United
States Government of such discharge. Any such person who fails to
notify immediately such agency of such discharge shall, upon con-
viction, be fined not more than $10,000, or imprisoned for not more than
one year, or both. Notification received pursuant to this paragraph or
information obtained by the exploitation of such notification shall not
be used against any such person in any criminal case, except a
prosecution for perjury or for giving a false statement.
(5) Any owner or operator of any vessel, onshore facility, or off-
shore facility from which oil is knowingly discharged in violation of
paragraph (2) of this subsection shall be assessed a civil penalty by the
Secretary of the department in which the Coast Guard is operating of
not more than $10,000 for each offense. No penalty shall be assessed
unless the owner or operator charged shall have been given notice and
opportunity for a hearing on such charge. Each violation is a separate
offense. Any such civil penalty may be compromised by such Secretary.
In determining the amount of the penalty, or the amount agreed upon
in compromise, the appropriateness of such penalty to the size of the
business of the owner or operator charged, the effect on the owner or
operator's ability to continue in business, and the gravity of the viola-
tion, shall be considered by such Secretary. The Secretary of the Treas-
ury shall withhold at the request of such Secretary the clearance
required by section 4197 of the Revised Statutes of the United States,
as amended (46 U.S.C. 91), of any vessel the owner or operator of
which is subject to the foregoing penalty. Clearance may be granted
in such cases upon the filing of a bond or other surety satisfactory to
such Secretary.
(c) (1) Whenever any oil is discharged, into or upon the navigable
waters of the United States, adjoining shorelines, or into or upon the
waters of the contiguous zone, the President is authorized to act to
remove or arrange for the removal of such oil at any time, unless he
determines such removal will be done properly by the owner or opera-
tor of the vessel, onshore facility, or offshore facility from which the
discharge occurs.
(2) Within sixty days after the effective date of this section, the
President shall prepare and publish a National Contingency Plan for
removal of oil pursuant to this subsection. Such National contingency
Plan shall provide for efficient, coordinated, and effective action
to minimize damage from oil discharges, including containment,
dispersal, and removal of oil, and shall include, but not be limited to—
(A) assignment of duties and responsibilities among Federal
departments and agencies in coordination with State and local
agencies, including, but not limited to, water pollution control,
conservation, and port authorities;
(B) identification, procurement, maintenance, and storage of
equipment and supplies;
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(C) establishment or designation of a strike force consisting of
personnel who shall be trained, prepared, and available to provide
necessary services to carry out the Plan, including the establish-
ment at major ports, to be determined by the President, of emer-
gency task forces of trained personnel, adequate oil pollution con-
trol equipment and material, and a detailed oil pollution preven-
tion and removal plan;
(D) a system of surveillance and notice designed to insure ear-
liest possible notice of discharges of oil to the appropriate Federal
agency;
(E) establishment of a national center to provide coordination
and direction for operations in carrying out the Plan;
(F) procedures and techniques to be employed in identifying,
containing, dispersing, and removing oil; and
(Gr) a schedule, prepared in cooperation with the States, identi-
fying (i) dispersants and other chemicals, if any, that may be used
in carrying out the Plan, (ii) the waters in which such dispersants
and chemicals may be used, and (iii) the quantities of such dis-
persant or chemical which can be used safely in such waters, which
schedule shall provide in the case of any dispersant, chemical, or
waters not specifically identified in such schedule that the Presi-
dent, or his delegate, may, on a case-by-case basis, identify the
dispersants and other chemicals which may be used, the waters in
which they may be used, and the quantities which can be used
safely in such waters.
The President may, from time to time, as he deems advisable, revise or
otherwise amend the National Contingency Plan. After publication of
the National Contingency Plan, the removal of oil and actions to mini-
mize damage from oil discharges shall, to the greatest extent possible,
be in accordance with the National Contingency Plan.
(d) Whenever a marine disaster in or upon the navigable waters of
the United States has created a substantial threat of a pollution hazard
to the public health or welfare of the United States, including, but not
limited to, fish, shellfish, and wildlife and the public and private shore-
lines and beaches of the United States, because of a discharge, or an
imminent discharge, of large quantities of oil from a vessel the United
States may (A) coordinate and direct all public and private efforts di-
rected at the removal or elimination of such threat; and (B) sum-
marily remove, and, if necessary, destroy such vessel by whatever
means are available without regard to any provision of law governing
the employment of personnel or the expenditure of appropriated
funds. Any expense incurred under this subsection shall be a cost in-
curred by the United States Government for the purposes of subsec-
tion (f) in the removal of oil.
(e) In addition to any other action taken by a. State or local
government, when the President determines there as an imminent and
substantial threat to the public health or welfare of the United States,
including, but not limited to, fish, shellfish, and wildlife and public and
private property, shorelines, and beaches within the United States, be-
cause of an actual or threatened discharge of oil into or upon the navi-
gable waters of the United States from an onshore or offshore facility,
the President may require the United States attorney of the district in
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which the threat occurs to secure such relief as may be necessary to
abate such threat, and the district courts of the United States shall have
jurisdiction to grant such relief as the public interest and the equities
of the case may require.
(f) (1) Except where an owner or operator can prove that a dis-
charge was caused solely by (A) an act of God, (B) an act of war, (C)
negligence on the part of the United States Government, or (D) an act
or omission of a third party without regard to whether any such act or
omission was or was not negligent, or any combination of the foregoing
clauses, such owner or operator of any vessel from which oil is dis-
charged in violation of subsection (b) (2) of this section shall, notwith-
standing any other provision of law, be liable to the United States
Government for the actual costs incurred under subsection (c) for the
removal of such oil by the United States Government in an amount not
to exceed $100 per gross ton of such vessel or $14,000,000, whichever is
lesser, except that where the United States can show that such dis-
charge was the result of willful negligence or willful misconduct
within the privity and knowledge of the owner, such owner or operator
shall be liable to the United States Government for the full amount of
such costs. Such costs shall constitute a maritime lien on such vessel
which may be recovered in an action in rem in the district court of the
United States for any district within which any vessel may be found.
The United States may also bring an action against the owner or op-
erator of such vessel in any court of competent jurisdiction to recover
such costs.
(2) Except where an owner or operator of an onshore facility can
prove that a discharge was caused solely by (A) an act of God, (B) an
act of war, (G) negligence on the part of the United States Govern-
ment or (D) an act or omission of a third party without regard to
whether any such act or omission was or was not negligent, or any
combination of the foregoing clauses, such owner or operator of any
such facility from which oil is discharged in violation of subsection
(b) (2) of this section shall be liable to the United States Government
for the uctual costs incurred under subsection (c) for the removal of
such oil by the United States Government in an amount not to exceed
$8,000,000, except that 'where the United States can show that such
discharge was the result of willful negligence or willful misconduct
within the privity and knowledge of the owner, such owner or operator
shall be liable to the United States Government for the full amount of
such costs. The United States may bring an action against the owner or
operator of such facility in any court of competent jurisdiction to
recover such costs. The Secretary is authorized, by regulation, after
consultation with the Secretary of Commerce and the Small Business
Administration, to establish reasonable and equitable classifications of
those onshore facilities having a total fixed storage capacity of 1,000
barrels or less which he determines because of size, type, and location
do not present a substantial risk of the discharge of oil in violation of
subsection (b) (2) of this section, and apply with respect to such classi-
fications differing limits of liability which may be less than the amount
contained in this paragraph.
(3) Except where an owner or operator of an offshore facility can
prove that a discharge was caused solely by (A) an act of God, (B) an
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act of war, (C) negligence on the part of the United States Govern-
ment, or (D) an act or omission of a third party without regard to
whether 'any such act or omission was or was not negligent, or any
combination of the foregoing clauses, such owner or operator of any
such facility from which oil is discharged in violation of subsection
(b) (2) of this section shall, notwithstanding any other provision of
law, be liable to the United States Government for the actual costs
incurred under subsection (c) for the removal of such oil by the United
States Government in an amount not to exceed $8,000,000, except that
where the United States can show that such discharge was the result of
willful negligence or willful misconduct within the privity and knowl-
edge of the owner, such owner or operatior shall be liable to the United
States Government for the full amount of such costs. The United
States may bring an action against the owner or operator of such a
facility in any court of competent jurisdiction to recover such costs.
(g) In any case where an owner or operator of a vessel, of an onshore
facility, or of an offshore facility, from which oil is discharged in viola-
tion of subsection (b) (2) of this section proves that such discharge of
oil was caused solely by an act or omission of a third party, or was
caused solely by such an act or omission in combination with an act of
God, an act of war, or negligence on the part of the United States Gov-
ernment, such third party shall, notwithstanding any other provision
of law, be liable to the United States Government for the actual costs
incurred under subsection (c) for removal of such oil by the United
States Government, except where such third party can prove that such
discharge was caused solely by (A) an act of God, (B) an act of war,
(C) negligence on the part of the United States Government, or (D)
an act or omission of another party without regard to whether such
act or omission was or was not negligent, or any combination of the
foregoing clauses. If such third party was the owner or operator of a
vessel which caused the discharge of oil in violation of subsection (b)
(2) of this section, the liability of such third party under this subsec-
tion shall not exceed $100 per gross ton of such vessel or $14,000,000,
whichever is the lesser. In any other case the liability of such third
party shall not exceed the limitation which would have been appli-
cable to the owner or operator of the vessel or the onshore or offshore
facility from which the discharge actually occurred, if such owner or
operator were liable. If the United States can show that the discharge
of oil in violation of subsection (b) (2) of this section was the result
of willful negligence or willful misconduct within the privity and
knowledge of such third party, such third party shall be liable to the
United States Government for the full amount of such removal costs.
The United States may bring an action against the third party in any
court of competent jurisdiction to recover such removal costs.
(h) The liabilities established by this section shall in no way affect
any rights which (1) the owner or operator of a vessel or of an onshore
facility or an offshore facility may have against any third party whose
acts may in any way have caused or contributed to such discharge, or
(2) the United States Government may have against any third party
whose actions may in any way have caused or contributed to the dis-
charge of oil.
(i) (1) In any case where an owner or operator of a vessel or an on-
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34
shore facility or an offshore facility from which oil is discharged in
violation of subsection (b) (2) of this section acts to remove such oil
in accordance with regulations promulgated pursuant to this section,
such owner or operator shall be entitled to recover the reasonable costs
incurred in such removal upon establishing, in a suit which may be
brought against the United States Government in the United States
Court of Claims, that such discharge was caused solely by (A) an act
of God, (B) an act of war, (C) negligence on the part of the United
States Government, or (D) an act or omission of a third party with-
out regard to whether such act or omission was or was not negligent, or
of any combination of the foregoing causes.
(2) The provisions of this subsection shall not apply in any case
where liability is established pursuant to the Outer Continental Shelf
Lands Act.
(3) Any amount paid in accordance with a judgment of the United
States Court of Claims pursuant to this section shall be paid from the
fund established pursuant to subsection (k).
(j) (1) Consistent with the National Contingency Plan required by
subsection (c) (2) of this section, as soon as practicable after the effec-
tive date of this section, and from time to time thereafter, the President
shall issue regulations consistent with maritime safety and with marine
and navigation laws (A) establishing methods and procedures for re-
moval of discharged oil, (B) establishing criteria for the development
and implementation of local and regional oil removal contingency
plans, (C) establishing procedures, methods, and requirements for
equipment to prevent discharges of oil from vessels and from onshore
facilities and offshore facilities, and (D) governing the inspection of
vessels carrying cargoes of oil and the inspection of such cargoes in
order to reduce the likelihood of discharges of oil from such vessels in
violation of this section.
(2) Any owner or operator of a vessel or an onshore facility or ar
offshore facility and any other person subject to any regulation issued
under paragraph (1) of this subsection who fails or refuses to comply
with the provisions of any such regulation, shall be liable to a civil
penalty of not more than $5,000 for each such violation. Each violation
shall be a separate offense. The President may assess and compromise
such penalty. No penalty shall be assessed until the owner, operator,
or other person charged shall have been given notice and an oppor-
tunity for a hearing on such charge. In determining the amount of the
penalty, or the amount agreed upon in compromise, the gravity of the
violation, and the demonstrated good faith of the owner, operator, or
other person charged in attempting to achieve rapid compliance, after
notification of a violation, shall be considered by the President.
(k) There is hereby authorized to be appropriated to a revolving
fund to be established in the Treasury not to exceed $35,000,000 to
carry out the provisions of subsections (c), (i), and (1) of this section
and section 12 of this Act. Any other funds received by the United
States under this section shall also be deposited in said fund for such
purposes. All sums appropriated to, or deposited in, said fund shall
remain available until expended.
(1) The President is authorized to delegate the administration of
this section to the heads of those Federal departments, agencies, and
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instrumentalities which he determines to be appropriate. Any moneys
in the fund established by subsection (k) of this section shall be avail-
able to such Federal departments, agencies, and instrumentalities to
carry out the provisions of subsections (c) and (i) of this section and
section 12 of this Act. Each such department, agency, and instru-
mentality, in order to avoid duplication of effort? shall, whenever ap-
propriate, utilize the personnel, services, and facilities of other Federal
departments, agencies, and instrumentalities,
(m) Anyone authorized by the President to enforce the provisions
of this section may, except as to public vessels, (A) board and inspect
any vessel upon the navigable waters of the United States or the waters
of the contiguous zone, (B) with or without a warrant arrest any per-
son who violates the provisions of this section or any regulation issued
thereunder in his presence or view, and (C) execute any warrant or
other process issued by an officer or court of competent jurisdiction.
(n) The several district courts of the United States are invested
with jurisdiction for any actions, other than actions pursuant to sub-
section (i) (1), arising under this section. In the case of Guam, such
actions may be brought in the district court of Guam, and in the case
of the Virgin Islands such actions mav be brought in the district court
of the Virgin Islands. In the case of American Samoa and the Trust
Territory of the Pacific Islands, such actions may be brought in the
District Court of the United States for the District of Hawaii and
such court shall have jurisdiction of such actions. In the case of the
Canal Zone, such actions may be brought in the United States District
Court for the District of the Canal Zone.
(o) (1) Nothing in this section shall affect or modify in any way the
obligations of any owner or operator of any vessel, or of any owner or
operator of any onshore facility or offshore facility to any person or
agency under any provision of law for damages to any publicly-owned
or privately-owned property resulting from a discharge of any oil
or from the removal of any such oil.
(2) Nothing in this section shall be construed as preempting any
State or political subdivision thereof from imposing any requirement
or liability with respect to the discharge of oil into any waters within
such State.
(3) Nothing in this section shall be construed as affecting or modi-
fying any other existing authority of any Federal department, agency,
or instrumentality, relative to onshore or offshore facilities under this
Act or any other provsion of law, or to affect any State or local law
not in conflict with this section.
(p)(l) Any vessel over three hundred gross tons, including any
barge of equivalent size, using any port or place in the United States
or the navigable waters of the United States for any purpose shall
establish and maintain under regulations to be prescribed from time
to time by the President, evidence of financial responsibility of $100
per gross ton, or $14,000,000 whichever is the lesser, to meet the liabil-
ity to the United States which such vessel could be subjected under
this section. In cases where an owner or operator owns; operates, or
charters more than one such vessel, financial responsibility need only
be established to meet the maximum liability to which the largest of
such vessels could be subjected. Financial responsibility may be estab-
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lished by any one of, or a combination of, the following methods accept-
able to the President: (A) evidence of insurance, (B) surety bonds,
(C) qualification as a self-insurer, or (D) other evidence of financial
responsibility. Any bond filed shall be issued by a bonding company
authorized to do business in the United States.
(2) The provisions of paragraph (1) of this subsection shall be
effective one year after the effective date of this section. The President
shall delegate the responsibility to carry out the provisions of this
subsection to the appropriate agency head within sixty days after the
date of enactment of this section. Regulations necessary to implement
this subsection shall be issued within six months after the date of en-
actment of this section.
(3) Any claim for costs incurred by such vessel may be brought
directly against the insurer or any other person providing evidence of
financial responsibility as required under this subsection. In the case
of any action pursuant to this subsection such insurer or other person
shall be entitled to invoke all rights and defenses which would have
been available to the owner or operator if an action had been brought
against him by the claimant, and which would have been available to
him if an action had been brought against him by the owner or
operator.
(4) The Secretary of Transportation, in consultation with the Sec-
retaries of Interior, State, Commerce, and other interested Federal
agencies, representatives of the merchant marine, oil companies, insur-
ance companies, and other interested individuals and organizations,
and taking into account the results of the application of paragraph
(1) of this subsection, shall conduct a study of the need for and, to the
extent determined necessary.
(A) other measures to provide financial responsibility and lim-
itation of liability with respect to vessels using the navigable
waters of the United States;
(B) measures to provide financial responsibility for all onshore
and offshore facilities; and
(C) other measures for limitation of liability of such facilities;
for the cost of removing discharged oil and paying all damages result-
ing from the discharge of such oil. The Secretary of Transportation
shall submit a report, together with any legislative recommendations,
to Congress and the President by January 1,1971.
CONTROL OF HAZARDOUS POLLUTING SUBSTANCES 45
SEC. 12. (a) The President shall, in accordance with subsection (b)
of this section, develop, promulgate, and revise as may be appropriate,
regulations (1) designating as hazardous substances, other than oil as
denned in section 11 of this Act, such elements and compounds which,
when discharged in any quantity into or upon the navigable waters of
the United States or adjoining shorelines or the waters of the con-
tiguous zone, present an imminent and substantial danger to the public
health or welfare, including, but not limited to, fish, shellfish, wildlife,
shorelines, and beaches; and (2) establishing, if appropriate, recom-
mended methods and means for the removal of such substances.
45 Added by sec. 102, Public Law 91-224
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(b) Sections 551 through 559, inclusive (other than section 553 (c)),
and 701 through 706, inclusive, of title 5, United States Code, shall
apply to regulations issued under authority of this section.
(c) In order to facilitate the removal, if appropriate, of any haz-
ardous substance any person in charge of a vessel or of an onshore or
offshore facility of any kind shall, as soon as he has knowledge of any
discharge of such substance from such vessel or facility, immediately
notify the appropriate agency of the United States of such discharge.
(d) Whenever any hazardous substance is discharged into or upon
the navigable waters of the United States or adjoining shorelines or
the waters of the contiguous zone, unless removal is immediately under-
taken by the owner or operator of the vessel or onshore or offshore
facility from which the discharge occurs or which caused the discharge,
pursuant to the regulations promulgated under this section, the Presi-
dent, if appropriate, shall remove or arrange for the removal thereof in
accordance with such regulations. Nothing in this subsection shall be
construed to restrict the authority of the President to act to remove or
arrange for the removal of such hazardous substance at any time.
(e) Nothing in this section shall affect or modify in any way the
obligations of any owner or operator of any vessel, onshore or offshore
facility to any person or agency under any provision of law for dam-
ages to any publicly- or privately-owned property resulting from a dis-
charge of any hazardous substance or from the removal of any such
substance.
(f) (1) For the purpose of this section the definitions in subsection
(a) of section 11 of this Act shall be applicable to the provisions of
this section, except as provided in paragraph (2) of this subsection:
(2) For the purpose of this section, the term—
(A) "remove" or "removal" refers to removal of the hazardous
substances from the water and shorelines or the taking of such
other actions as may be necessary to minimize or mitigate damage
to the public health or welfare, including, but not limited to, fish,
shellfish, wildlife, and public and private property, shorelines,
and beaches;
(B) "owner or operator" means any person owning, operating,
chartering by demise, or otherwise controlling the operations of,
a vessel, or any person owning, operating, or otherwise controlling
the operations of an onshore or offshore facility; and
(C) "offshore or onshore facility" means any facility of any
kind and related appurtenances thereto which is located in, on, or
under the surface of any land, or permanently or temporarily
affixed to any land, including lands beneath the navigable waters
of the United States and which is used or capable of use for the
purpose of processing, transporting, producing, storing, or trans-
ferring for commercial purposes any hazardous substance desig-
nated under this section.
(g) The President shall submit a report to the Congress, together
with his recommendations, not later than November 1, 1970, on the
need for, and desirability of, enacting legislation to impose liability
for the cost of removal of hazardous substances discharged from vessels
and onshore and offshore facilities subject to this section including
financial responsibility requirements. In preparing this report, the
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President shall conduct an accelerated study which shall include, but
not be limited to, the method and measures for controlling hazardous
substances to prevent this discharge, and the most appropriate meas-
ures for (1) enforcement (including the imposition of civil and crim-
inal penalties for discharges and for failure to notify) and (2)
recovery of costs incurred by the United States if removal is under-
taken by the United States. In carrying out this study, the President
shall consult with the interested representatives of the various public
and private groups that would be affected by such legislation as well as
other interested persons.
(h) Any moneys in the funds established by section 11 of this Act
shall be available to the President to carry out the purposes of this
section. In carrying out this section the President shall utilize the per-
sonnel, services, and facilities of Federal departments, agencies, and
instrumentalities in such manner as will avoid duplication of effort.
CONTROL OF SEWAGE FROM VESSELS46
SEC. 13. (a) For the purpose of this section, the term—
(1) "new vessel" includes every description of watercraft or
other artificial contrivance used, or capable of being used, as a
means of transportation on the navigable waters of the United
States, the construction of which is initiated after promulgation of
standards and regulations under this section;
(2) "existing vessel" includes every description of watercraft
or other artificial contrivance used, or capable of being used, as a
means of transportation on the navigable waters of the United
States, the construction of which is initiated before promulgation
of standards and regulations under this section;
(3) "public vessel" means a vessel owned or bareboat chartered
and operated by the United States, by a State or political sub-
division thereof, or by a foreign nation, except when such vessel is
engaged in commerce;
(4) "United States" includes the States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Canal Zone, and the Trust Territory of the
Pacific Islands;
(5) "marine sanitation device" includes any equipment for in-
stallation on board a vessel which is designed to receive, retain,
treat, or discharge sewage, and any process to treat such sewage;
(6) "sewage" means human body wastes and the wastes from
toilets and other receptacles intended to receive or retain body
wastes; ,
(7) "manufacturer" means any person engaged in the manufac-
turing, assembling, or importation of marine sanitation devices or
of vessels subject to standards and regulations promulgated under
this section;
(8) "person" means an individual, partnership, firm, corpora-
tion, or association, but does not include an individual on board a
public vessel;
« Added by see. 102, Public Law 91-224.
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39
(9) "discharge" includes, but is not limited to, any spilling,
king, pumping, pouring, emitting, emptying, or dumping.
(b) (1) As soon as possible, after the enactment of this section and
subject to the provisions of section 5 ( j ) of this Act, the Secretary, after
consultation with the Secretary of the department in which the Coast
Guard is operating, after giving appropriate consideration to the eco-
nomic costs involved, and within the limits of available technology,
shall promulgate Federal standards of performance for marine sanita-
tion devices (hereafter in this section referred to as "standards")
which shall be designed to prevent the discharge of untreated or in-
adequately treated sewage into or upon the navigable waters of the
United States from new vessels and existing vessels, except vessels not
equipped with installed toilet facilities. Such standards shall be con-
sistent with maritime safety and the marine and navigation laws and
regulations and shall be coordinated with the regulations issued under
this subsection by the Secretary of the department in which the Coast
Guard is operating. The Secretary of the department in which the
Coast Guard is operating shall promulgate regulations, which are con-
sistent with standards promulgated under this subsection and with
maritime safety and the marine and navigation laws and regulations,
governing the design, construction, installation, and operation of any
marine sanitation device on board such vessels.
(2) Any existing vessel equipped with a marine sanitation device on
the date of promulgation of initial standards and regulations under
this section, which device is in compliance with such initial standards
and regulations, shall be deemed in compliance with this section until
such time as the device is replaced or is found not to be in compliance
with such initial standards and regulations.
(c) (1) Initial standards and regulations under this section shall
become effective for new vessels two years after promulgation ; and for
existing vessels five years after promulgation. Revisions of standards
and regulations shall be effective upon promulgation, unless another
effective date is specified, except that no revision shall take effect before
the effective date of the standard or regulation being revised.
(2) The Secretary of the department in which the Coast Guard is
operating with regard to his regulatory authority established by this
section, after consultation with the Secretary, may distinguish among
classes, types, and sizes of vessels as well as between new and existing
vessels, and may waive applicability of standards and regulations as
necessary or appropriate for such classes, types, and sizes of vessels
(including existing vessels equipped with marine sanitation devices on
the date of promulgation of the initial standards required by this sec-
tion) , and, upon application, for individual vessels.
(d) The provisions of this section and the standards and regulations
promulgated hereunder apply to vessels owned and operated by the
United States unless the Secretary of Defense finds that compliance
would not be in the interest of national security. With respect to vessels
owned and operated by the Department of Defense, regulations under
the last sentence of subsection (b) (1) and certifications under subsec-
tion (g) (2) of this section shall be promulgated and issued by the
Secretary of Defense.
(e) Before the standards and regulations under this section are pro-
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mulgated, the Secretary and the Secretary of the department in which
the Coast Guard is operating shall consult with the Secretary of State;
the Secretary of Health, Education, and Welfare; the Secretary of
Defense; the Secretary of the Treasury; the Secretary of Commerce;
other interested Federal agencies; and the States and industries in-
terested ; and otherwise comply with the requirements of section 553 of
title 5 of the United States Code.
(f) After the effective date of the initial standards and regulations
promulgated under this section, no State or political subdivision there-
of shall adopt or enforce any statute or regulation of such State or
political subdivision with respect to the design, manufacture, or instal-
lation or use of any marine sanitation device on any vessel subject to
the provisions of this section. Upon application by a State, and where
the Secretary determines that any applicable water quality standards
require such a prohibition, he shall by regulation completely prohibit
the discharge from a vessel of any sewage (whether treated or not)
into those waters of such State which are the subject of the applica-
tion and to which such standards apply.
(g) (1) No manufacturer of a marine sanitation device shall sell,
offer for sale, or introduce or deliver for introduction in interstate
commerce, or import into the United States for sale or resale any
marine sanitation device manufactured after the effective date of the
standards and regulations promulgated under this section unless such
device is in all material respects substantially the same as a test device
certified under this subsection.
(2) Upon application of the manufacturer, the Secretary of the de-
partment in which the Coast Guard is operating shall so certify a
marine sanitation device if he determines, in accordance with the pro-
visions of this paragraph, that it meets the appropriate standards and
regulations promulgated under this section. The Secretary of the de-
partment in which the Coast Guard is operating shall test or require
such testing of the device in accordance with procedures set forth by
the Secretary as to standards of performance and for such other pur-
poses as may be appropriate. If the Secretary of the department in
which the Coast Guard is operating determines that the device is satis-
factory from the standpoint of safety and any other requirements of
maritime law or regulation, and after consideration of the design, in-
stallation, operation, material, or other appropriate factors, he shall
certify the device. Any device manufactured by such manufacturer
which is in all material respects substantially the same as the certified
test device shall be deemed to be in conformity with the appropriate
standards and regulations established under this section.
(3) Every manufacturer shall establish and maintain such records,
make such reports, and provide such information as the Secretary or
the Secretary of the department in which the Coast Guard is operating
may reasonably require to enable him to determine whether such manu-
facturer has acted or is acting in compliance with this section and
regulations issued thereunder and shall, upon request of an officer or
employee duly designated by the Secretary or the Secretary of the
department in which the Coast Guard is operating, permit such officer
or employee at reasonable times to have access to and copy such records.
All information reported to or otherwise obtained by, the Secretary or
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the Secretary of the department in which the Coast Guard is operating
or their representatives pursuant to this subsection which contains or
relates to a trade secret or other matter referred to in section 1905 of
title 18 of the United States Code shall be considered confidential for
the purpose of that section, except that such information may be dis-
closed to other officers or employees concerned with carrying out this
section. This paragraph shall not apply in the case of the construction
of a vessel by an individual for his own use.
(h) After the effective date of standards and regulations promul-
gated under this section, it shall be vmlawf ul—
(1) for the manufacturer of any vessel subject to such stand-
ards and regulations to manufacture for sale, to sell or offer for
sale, or to distribute for sale or resale any such vessel unless it is
equipped with a marine sanitation device which is in all material
respects substantially the same as the appropriate test device certi-
fied pursuant to this section;
(2) for any person, prior to the sale or delivery of a vessel sub-
ject to such standards and regulations to the ultimate purchaser,
wrongfully to remove or render inoperative any certified marine
sanitation device or element of design of such device installed in
such vessel;
(3) for any person to fail or refuse to permit access to or copy-
ing of records or to fail to make reports or provide information
required under this section; and
(4) for a vessel subject to such standards and regulations to
operate on the navigable waters of the United States, if such
vessel is not equipped with an operable marine sanitation device
certified pursuant to this section.
(i) The district courts of the United States shall have jurisdictions
to restrain violations of subsection (g) (1) and subsections (h) (1)
through (3) of this section. Actions to restrain such violations shall be
brought by, and in, the name of the United States. In case of con-
tumacy or refusal to obey a subpena served upon any person under this
subsection, the district court of the United States for any district in
which such person is found or resides or transacts business, upon appli-
cation by the United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to appear and give
testimony or to appear and produce documents, and any failure to
obey such order oi' the court may be punished by such court as a con-
tempt thereof.
(j) Any person who violates subsection (g) (1) or clause (1) or (2)
of subsection (h) of this section shall be liable to a civil penalty of not
more than $5,000 for each violation. Any person who violates clause
(4) of subsection (h) of this section or any regulation issued pursuant
to this section shall be liable to a civil penalty of not more than $2,000
for each violation. Each violation shall be a separate offense. The Sec-
retary of the department in which the Coard Guard is operating may
assess and compromise any such penalty. No penalty shall be assessed
until the person charged shall have been given notice and an oppor-
tunity for a hearing on such charge. In determining the amount of the
penalty, or the amount agreed upon in compromise, the gravity of the
violation, and the demonstrated good faith of the person charged in
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attempting to achieve rapid compliance, after notification of a viola-
tion, shall be considered by said Secretary.
(k) The provisions of this section shall be enforced by the Secretary
of the department in which the Coast Guard is operating and he may
utilize by agreement, 'with or without reimbursement, law enforcement
officers or other personnel and facilities of the Secretary, other Federal
agencies, or the States to carry out the provisions of this section.
(1) Anyone authorized by the Secretary of the department in which
the Coast Guard is operating to enforce the provisions of this section
may, except as to public vessels, (1) board and inspect any vessel upon
the navigable waters of the United States and (2) execute any warrant
or other process issued by an officer or court of competent jurisdiction.
(m) In the case of Guam, actions arising under this section may be
brought in the district court of Guam, and in the case of the Virgin
Islands such actions may be brought in the district court of the Virgin
Islands. In the case of American Samoa and the Trust Territory of the
Pacific Islands, such actions may be brought in the District Court of
the United States for the District of Hawaii and such court shall have
jurisdiction of such actions. In the case of the Canal Zone, such actions
may be brought in the District Court for the District of the Canal Zone.
AREA ACID AND OTHER MINE WATER POLLUTION CONTROL
SEC. 14. (a) The Secretary in cooperation with other Federal de-
partments, agencies, and instrumentalities is authorized to enter into
agreements with any State or interstate agency to carry out one or
more projects to demonstrate methods for the elimination or control,
within all or part of a watershed, of acid or other mine water pollution
resulting from active or abandoned mines. Such projects shall demon-
strate the engineering and economic feasibility and practicality of
various abatement techniques which will contribute substantially to
effective and practical methods of acid or other mine water pollution
elimination or control.
(b) The Secretary, in selecting watersheds for the purposes of this
section, shall (1) require such feasibility studies as he deems appro-
priate, (2) give preference to areas which have the greatest present or
potential value for public use for recreation, fish and wildlife, water
supply, and other public uses, and (3) be satisfied that the project
area will not be affected adversely by the influx of acid or other mine
water pollution from nearby sources.
(c) Federal participation in such projects shall be subject to the
conditions—
(1) that the State or interstate agency shall pay not less than
25 percentum of the actual project costs which payment may be in
any form, including, but not limited to, land or interests therein
that is needed for the project, or personal property or services, the
value of which shall be determined by the Secretary; and
(2) that the State or interstate agency shall provide legal and
practical protection to the project area to insure against any ac-
tivities which will cause future acid or other mine water pollution.
« Added by sec. 102, Public Law 91-224.
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(d) There is authorized to be appropriated $15,000,000 to carry out
the provisions of this section, which sum. shall be available until ex-
pended. No more than 25 percentum of the total funds available under
this section in any one year shall be granted to any one State.
POLLUTION CONTROL IN GREAT LAKES 4S
SEC. 15. (a) The Secretary, in cooperation with other Federal de-
partments, agencies, and instrumentalities is authorized to enter into
agreements with any State, political subdivision, interstate agency, or
other public agency, or combination thereof, to carry out one or more
projects to demonstrate new methods and techniques and to develop
preliminary plans for the elimination or control of pollution, within
all or any part of the watersheds of the Great Lakes. Such projects
shall demonstrate the engineering and economic feasibility and prac-
ticality of removal of pollutants and prevention of any polluting
matter from entering into the Great Lakes in the future and other
abatement and remedial techniques which will contribute substantially
to effective and practical methods of water pollution elimination or
control.
(b) Federal participation in such projects shall be subject to the
condition that the State, political subdivision, interstate agency, or
other public agency, or combination thereof, shall pay not less than 25
per centum of the actual project costs, which payment may be in any
form, including, but not limited to, land or interests therein that is
needed for the project, and personal property or services the value of
which shall be determined by the Secretary.
(c) There is authorized to be appropriated $20,000,000 to carry out
the provisions of this section, which sum shall be available until
expended.
TRAINING GRANTS AND CONTRACTS48
SEC. 16. The Secretary is authorized to make grants to or contracts
with institutions of higher education, or combinations of such institu-
tions, to assist them in planning, developing, strengthening, improv-
ing, or carrying out programs or projects for the preparation of under-
graduate students to enter an occupation which involves the design,
operation, and maintenance of treatment works, and other facilities
whose purpose is water quality control. Such grants or contracts may
include payment of all or part of the cost of programs or projects such
as—
(A) planning for the development or expansion of programs or
projects for training persons in the operation and maintenance of
treatment works;
(B) training and retraining of faculty members;
(C) conduct of short-term or regular session institutes for
study by persons engaged in, or preparing to engage in, the prepa-
ration of students preparing to enter an occupation involving the
operation and maintenance of treatment works;
48 Sections added by sec. 102, Public Law 91-224.
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(D) carrying put innovative and experimental programs of co-
operative education involving alternate periods of full-time or
part-time academic study at the institution and periods of full-
time or part-time employment involving the operation and main-
tenance of treatment works; and
(E) research into? and development of, methods of training
students or faculty, including the preparation of teaching mate-
rials and the planning of curriculum.
APPLICATION FOR TRAINING GRANT OR CONTRACT; ALLOCATION OF GRANTS
OR CONTRACTS 49
SEC. 17. (1) A grant or contract authorized by section 16 may be
made only upon application to the Secretary at such time or times and
containing such information as he may prescribe, except that no such
application shall be approved unless it—
(A) sets forth programs, activities, research, or development
for which a grant is authorized under section 16, and describes the
relation to any program set forth by the applicant in an applica-
tion, if any, submitted pursuant to section 18.
(B) provides such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of and
accounting for Federal funds paid to the applicant under this
section; and
(C) provides for making such reports, in such form and con-
taining such information, as the Secretary may require to carry
out his functions under this section, and for keeping such records
and for affording such access thereto as the Secretary may find
necessary to assure the correctness and verification of such reports.
(2) The Secretary shall allocate grants or contracts under section 16
in such manner as will most nearly provide an equitable distribution of
the grants or contracts throughout the United States among institu-
tions of higher education which show promise of being able to use
funds effectively for the purpose of this section.
(3) (A) Payment under this section may be used in accordance with
regulations of the Secretary, and subject to the terms and conditions
set forth in an application approved under subsection (a), to pay part
of the compensation of students employed in connection with the
operation and maintenance of treatment works, other than as an em-
ployee in connection with the operation and maintenance of treatment
works or as an employee in any branch of the Government of the
United States, as part of a program for which a grant has been ap-
proved pursuant to this section.
(B) Departments and agencies of the United States are encouraged,
to the extent consistent with efficient administration, to enter into ar-
rangements with institutions of higher education for the full-time,
part-time, or temporary employment, whether in the competitive or
excepted service, of students enrolled in programs set forth in applica-
tions approved under subsection (a).
18 Sections added by sec. 102, Public Law 91-224.
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AWARD OF SCHOLARSHIPS 49
SEC. 18. (1) The Secretary is authorized to award scholarships in
accordance with the provisions of this section for undergraduate study
by persons who plan to enter -an occupation involving the operation and
maintenance of treatment works. Such scholarships shall be awarded
for such periods as the Secretary may determine but not to exceed
four academic years.
(2) The Secretary shall allocate scholarships under this section
among institutions of higher education with programs approved under
the provisions of this section for the use of individuals accepted into
such programs, in such manner and according to such plan as will
insofar as practicable—
(A) provide an equitable distribution of such scholarships
throughout the United States; and
(B) attract recent graduates of secondary schools to enter an
occupation involving the operation and maintenance of treatment
works.
(3) The Secretary shall approve a program of an institution of
higher education for the purposes of this section only upon application
by the institution and only upon his finding—
(A) that such program has as a principal objective the educa-
tion and training of persons in the operation and maintenance of
treatment works;
(B) that such program is in effect and of high quality, or can be
readily put into effect and may reasonably be expected to be of
high quality;
(C) that the application describes the relation of such program
to any program, activity, research, or development set forth by the
applicant in an application, if any, submitted pursuant to section
16 of this Act; and
(D) that the application contains satisfactory assurances that
(i) the institution will recommend to the Secretary for the award
of scholarships under this section, for study in such program, only
persons who have demonstrated to the satisfaction of the institu-
tion a serious intent, upon completing the program, to enter an
occupation involving the operation and maintenance of treat-
ment works, and (ii) the institution will make reasonable con-
tinuing efforts to encourage recipients of scholarships under this
section, enrolled in such program, to enter occupations involving
the operation and maintenance of treatment works upon complet-
ing the program.
(4) (A) The Secretary shall pay to persons awarded scholarships
under this section such stipends (including such allowances for sub-
sistence and other expenses for such persons and their dependents) as
he may determine to be consistent with prevailing practices under com-
parable federally supported programs.
(B) The Secretary shall (in addition to the stipends paid to persons
under subsection (a)) pay to the institution of higher education at
which such person is pursuing his course of study such amount 'as he
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may determine to be consistent with prevailing practices under com-
parable federally supported programs.
(5) A person awarded a scholarship under the provisions of this
section shall continue to receive the payments provided in this section
only during such periods as the Secretary finds that he is maintaining
satisfactory proficiency and devoting full time to study or research in
the field in which such scholarship was awarded in an institution of
higher education, and is not engaging in gainful employment other
than employment approved by the Secretary by or pursuant to
regulation.
(6) The Secretary shall by regulation provide that any person
awarded a scholarship under this section shall agree in writing to
enter and remain in an occupation involving the design, operation, or
maintenance of treatment works for such period after completion of
his course of studies as the Secretary determines appropriate.
DEFINITIONS AND AT3THORIZATIONS 50
SEC. 19. (1) As used in sections 16 through 19 of this Act.—
(A) The term "State" includes the District of Columbia, Puerto
Rico, the Ganal Zone, Guam, the Virgin Islands, American Samoa, and
the Trust Territory of the Pacific Islands.
(B) The term "institution of higher education" means an educa-
tional institution described in the first sentence of section 1201 of the.
Higher Education Act of 1965 (other than an institution of any agency
of the United States) which is accredited by a nationally recognized
accrediting agency or association approved by the Secretary for this
purpose. For purposes of this subsection, the Secretary shall publish
a list of nationally recognized accrediting agencies or associations
which he determines to be reliable authority as to the quality of train-
ing offered.
(C) The term "academic year" means an academic year or its equiv-
alent, as determined by the Secretary.
(2) The Secretary shall annually report his activities under sections
16 through 19 of this Act, including recommendations for needed revi-
sions in the provisions thereof.
(3) There are authorized to be appropriated $12,000,000 for the fis-
cal year ending June 30, 1970, $25,000,000 for the fiscal year ending
June 30,1971, and $25,000,000 for the fiscal year ending June 30,1972,
to carry put sections 16 through 19 of this Act (and planning and re-
lated activities in the initial fiscal year for such purpose). Funds ap-
propriated for the fiscal year ending June 30,1970, under authority of
this subsection shall be available for obligation pursuant to the provi-
sions of sections 16 through 19 of this Act during that year and the
succeeding fiscal year.
ALASKA VILLAGE DEMONSTRATION PROJECTS "
SEC. 20. (a) The Secretary is authorized to enter into agreements
with the State of Alaska to carry out one or more projects to demon-
s' Added by sec. 102, Public Law 91-224.
"Added by sec. 102, Public Law 91-224.
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47
strate methods to provide for central community facilities for safe
water and elimination or control of water pollution in those native
villages of Alaska without such facilities. Such project shall include
provisions for community safe water supply systems, toilets, bathing
and laundry facilities, sewage disposal facilities, and other similar fa-
cilities, and educational and informational facilities and programs re-
lating to health and hygiene. Such demonstration projects shall be for
the further purpose of developing preliminary plans for providing
such safe water and such elimination or control of water pollution for
all native villages in such State.
(b) In carrying out this section the Secretary shall cooperate with
the Secretary of Health, Education, and Welfare for the purpose of
utilizing such of the personnel and facilities of that Department as
may be appropriate.
(c) The Secretary shall report to Congress not later than January
31, 1973, the results of the demonstration projects authorized by this
section together with his recommendations, including any necessary
legislation, relating to the establishment of a statewide program.
(d) There is authorized to be appropriated not to exceed $1,000,000
to carry out this section.
COOPERATION BY ALL FEDERAL AGENCIES IN THE CONTROL OF POLLUTION 52
SEC. 21. (a) Each Federal agency (which term is used in this section
includes Federal departments, agencies, and instrumentalities) having
jurisdiction over any real property or facility, or engaged in any Fed-
eral public works activity of any kind, shall, consistent with the para-
mount interest of the United States as determined by the President,
insure compliance with applicable water quality standards and the pur-
poses of this Act in the administration of such property, facility, or
activity. In his summary of any conference pursuant to section 10(d)
(4) of this Act, the Secretary shall include references to any discharges
allegedly contributing to pollution from any such Federal property,
facility, or activity, and shall transmit a copy of such summary to the
head of the Federal agency having jurisdiction of such property, fa-
cility, or activity. Notice of any hearing pursuant to section 10(f) of
this Act involving any pollution alleged to be effected by any such dis-
charges shall also be given to the Federal agency having jurisdiction
over the property, facility, or activity involved, and the findings and
recommendations of the hearing board conducting such hearing shall
include references to any such discharges which are contributing to the
pollution found by such board.
(b) (1) Any applicant for a Federal license or permit to conduct
any activity including, but not limited to, the construction or operation
of facilities which may result in any discharge into the navigable
waters of the United States, shall provide the licensing or permitting
agency a certification from the State in which the discharge originates
or will originate, or, if appropriate, from the interstate water pollution
control agency haying jurisdiction over the navigable waters at the
point where the discharge originates or will originate, that there is
> Amended by sec. 103, Public Law 91-224.
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48
reasonable assurance, as determined by the State or interstate agency
that such activity will be conducted in a manner which will not violate
applicable water quality standards. Such state or interstate agency
shall establish procedures for public notice in the case of all applica-
tions for certification by it, and to the extent it deems appropriate,
procedures for public hearings in connection with specific applica-
tions. In any case where such standards have been promulgated by the
Secretary pursuant to section 10(c) of this Act, or where a State or
interstate agency has no authority to give such a certification, such
certification shall be from the Secretary. If the State, interstate agency,
or Secretary, as the case may be, fails or refuses to act on a request for
certification, within a reasonable period of time (which shall not
exceed one year) after receipt of such request, the certification require-
ments of this subsection shall be waived with respect to such Federal
application. No license or permit shall be granted until the certifica-
tion required by this section has been obtained or has been wraived
as provided in the preceding sentence. No license or permit shall be
granted if certification has been denied by the State, interstate agency,
or the Secretary, as the case may be.
(2) Upon receipt of such application and certification the licensing
or permitting agency shall immediately notify the Secretary of such
application and certification. Whenever such a discharge may affect,
as determined by the Secretary, the quality of the waters of any other
State, the Secretary within thirty days of the date of notice of appli-
cation for such Federal license or permit shall so notify such other
State, the licensing or permitting agency, and the applicant. If, within
sixty days after receipt of such notification, such other State deter-
mines that such discharge will affect the quality of its waters so as to
violate its water quality standards, and within such sixty-day period
notifies the Secretary and the licensing of permitting agency in writ-
ing of its objection to the issuance of such license or permit and re-
quests a public hearing on such objection, the licensing or permitting
agency shall hold such a hearing. The Secretary shall at such hearing
submit his evaluation and recommendations with respect to any such
objection to the licensing or permitting agency. Such agency, based
upon the recommendations of such State, the Secretary, and upon any
additional evidence, if any, presented to the agency at the hearing,
shall condition such license or permit in such manner as may be nec-
essary to insure compliance with applicable water quality standards. If
the imposition of conditions cannot insure such compliance such agency
shall not issue such license or permit.
(3) The certification obtained pursuant to paragraph (1) of this
subsection with respect to the construction of any facility shall fulfill
the requirements of this subsection with respect to certification in con-
nection with any other Federal license or permit required for the
operation of such facility unless, after notice to the certifying State,
agency, or Secretary, as the. case may be, which shall be given by the
Federal agency to whom application is made for such operating license
or permit, the State, or if appropriate, the interstate agency or the
Secretary, notifies such agency within sixty days after receipt of such
notice that there is no longer reasonable assurance that there will be
compliance with applicable water quality standards because of changes
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49
since the construction license or permit certification was issued in (A)
the construction or operation of the facility, (B) the characteristics
of the waters into which such discharge is made, or (C) the water qual-
ity standards applicable to such waters. This paragraph shall be inap-
plicable in any case where the applicant for such operating license or
permit has failed to provide the certifying State, or if appropriate, the
interstate agency or the Secretary, with notice of any proposed changes
in the construction or operation of the facility with respect to which a
construction license or permit has been granted which changes may re-
sult in violation of applicable water quality standards.
(4) Prior to the initial operation of any federally licensed or per-
mitted facility or activity which may result in any discharge into the
navigable waters of the United States and with respect to which a cer-
tification has been obtained pursuant to paragraph (1) of this subsec-
tion, which facility or activity is not subject to a Federal operating
license or permit, the licensee or permittee shall provide an oppor-
tunity for such certifying State, or if appropriate, the interstate agency
or the Secretary to review the manner in which the facility or activity
shall be operated or conducted for the purposes of assuring that appli-
cable water quality standards will not be violated. Upon notification by
the certifying State, or if appropriate, the interstate agency or the
Secretary that the operation of any such federally licensed or permitted
facility or activity will violate applicable water quality standards, such
Federal agency may, after public hearing, suspend such license or per-
mit. If such license or permit is suspended, it shall remain suspended
until notification is received from the certifying State, agency, or Sec-
retary, as the case may be, that there is reasonable assurance that such
facility or activity will not violate applicable water quality standards.
(5) Any Federal license or permit with respect to which a certifica-
tion has been obtained under paragraph (1) of this subsection may be
suspended or revoked by the Federal agency issuing such license or per-
mit upon the entering of a judgment under section 10 (h) of this Act
that such facility or activity has been operated in violation of appli-
cable water quality standards.
(6) No Federal agency shall be deemed to be an applicant for the
purposes of this subsection.
(7) In any case where actual construction of a facility has been
lawfully commenced prior to the date of enactment of the Watsr Qual-
ity Improvement Act of 1970, no certification shall be required under
this subsection for a license or permit issued after the date of enact-
ment of such Act of 1970 to operate such facility, except that any such
license or permit issued without certification shall terminate at the
end of the three-year period beginning on the date of enactment of
such Act of 1970 unless prior to such termination date the person hav-
ing such license or permit submits to the Federal agency which issued
such license or permit a certification and otherwise meets the require-
ments of this subsection.
(8) Except as provided in paragraph (7), any application for a
license or permit (A) that is pending on the date of enactment of the
Water Quality Improvement Act of 1970 and (B) that is issued within
ons year following such date of enactment shall not require certification
pursuant to this subsection for one year following the issuance of such
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50
license or permit, except that any such license or permit issued shall
terminate at the end of one year unless prior to that time the licensee
or permittee submits to the Federal agency that issued such license or
permit a certification and otherwise meets the requirements of this
subsection.
(9) (A) In the case of any activity which will affect water quality
but for which there are no applicable water quality standards, no cer-
tification shall be required under this subsection, except that the licens-
ing or permitting agency shall impose, as a condition of any license or
permit, a requirement that the licensee or permittee shall comply with
the purposes of this Act.
(B) Upon notice from the State in which the discharge originates
or, as appropriate, the interstate agency or the Secretary, that such li-
censee or permittee has been notified of the adoption of water quality
standards applicable to such activity and has failed, after reasonable
notice, of not less than six months, to comply with such standards, the
license or permit shall be suspended until notification is received from
such State or interstate agency or the Secretary that there is reason-
able assurance that such activity will comply with applicable water
quality standards.
(c) Nothing in this section shall be construed to limit the authority
of any department or agency pursuant to any other provision of law
to require compliance with applicable water quality standards. The
Secretary shall, upon the request of any Federal department or agency,
or State or interstate agency, or applicant, provide, for the purpose of
this section, any relevant information on applicable water quality
standards, and shall, when requested by any such department or agency
or State or interstate agency, or applicant, comment on any methods to
comply with such standards.
(d) In order to implement the provisions of this section, the Secre-
tary of the Army, acting through the Chief of Engineers, is author-
ized, if he deems it to be in the public interest, to permit the use of spoil
disposal areas under his jurisdiction by Federal licensees or permittees,
and to make an appropriate charge for such use. Moneys received from
such licensees or permittees shall be deposited in the Treasury as mis-
cellaneous receipts.
SEC. 22. (a) The Secretary is authorized to prescribe such regula-
tions as are necessary to carry out his functions under this Act.
(b) The Secretary, with the consent of the head of any other agency
of the United States, may utilize such officers and employees of such
agency as may be found necessary to assist in carrying out the purposes
of this Act.
(c) There are hereby authorized to be appropriated to the Depart-
ment of the Interior such sums as may be necessary to enable it to
carry out its functions under this Act.
(d) Each recipient of assistance under this Act shall keep such
records as the Secretary shall prescribe, including records which fully
disclose the amount and disposition by such recipient of the proceeds
This section renumbered by sec. 102, Public Law 91-224.
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51
of such assistance, the total cost of the project or undertaking in con-
nection with which such assistance is given or used, and the amount of
that portion of the cost of the project or undertaking supplied by other
sources, and such other records as will facilitate an effective audit.
(e) The Secretary of the Interior and the Comptroller General of
the United States, or any of their duly authorized representatives,
shall have access for the purpose of audit and examination to any
books, documents, papers, and records of the recipients that are per-
tinent to the grants received under this Act.
(f) (1) It is the purpose of this subsection to authorize a program
which will provide official recognition by the United States Govern-
ment to those industrial organizations and political subdivisions of
States which during the preceding year demonstrated an outstanding
technological achievement or an innovative process, method or device
in their waste treatment and pollution abatement programs. The Secre-
tary shall, in consultation with the appropriate State water pollution
control agency, establish regulations under which such recognition
may be applied for and granted, except that no applicant shall be
eligible for an award under this subsection if such applicant is not in
total compliance with all applicable water quality standards under this
Act, and otherwise does not have a satisfactory record with respect to
environmental quality.
(2) The Secretary shall award a certificate or plaque of suitable de-
sign to each industrial organization or political subdivision which
qualifies for such recognition under regulations established by this
subsection.
(3) The President of the United States, the Governor of the appro-
priate State, the Speaker of the House of Representatives, and the
President pro tempore of the Senate shall be notified of the award by
the secretary, and the awarding of such recognition shall be published
in the Federal Register."4
SEC. 23. When used in this Act:
(a) The term "State water pollution control agency" means the
State health authority, except that, in the case of any State in which
there is a single State agency, other than the State health authority,
charged with responsibility for enforcing State laws relating to the
abatement of water pollution, it means such other State agency.
(b) The term "interstate agency" means an agency of two or more
States established by or pursuant to an agreement or compact ap-
proved by the Congress, or any other agency of two or more States,
having substantial powers or duties pertaining to the control of pollu-
tion of waters.
(c) The term "treatment works" means the various devices used
in the treatment of sewage or industrial wastes of a liquid nature,
including the necessary intercepting sewers, outfall sewers, pumping,
power, and other equipment, and their appurtenances, and includes
any extensions, improvements, remodeling, additions, and alterations
thereof.
» Subsection (f) added by sec. 104, Public Law 91-224.
65 This section renumbered by sec. 102, Public Law 91-224.
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(d) The term "State" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
(e) The term "interstate waters" means all rivers, lakes, and other
waters that flow across or form a part of State boundaries, including
coastal waters.
(f) The term "municipality" means a city, town, borough, county,
parish, district, or other public body created by or pursuant to State
law and having jurisdiction over disposal of sewage, industrial wastes,
or other wastes, and an Indian tribe or -an authorized Indian tribal
organization.66
OTHER AUTHORITY NOT AFFECTED "
SBC. 24. This Act shall not be construed as (1) superseding or
limiting the functions, under any other law, of the Surgeon General
or of the Public Health Service, or of any other officer or agency of
the United States, relating to water pollution, or (2) affecting or
impairing the provisions of sections 13 through 17 of the Act entitled
"An Act making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors and for
other purposes", approved March 3,1899, as amended, or (3) affecting
or impairing the provisions of any treaty of the United States.
SEPARABILITY 5S
SEC. 25. If any provision of this Act, or the application of any
provision of this Act to any person or circumstance, is held invalid,
the application of such provision to other persons or circumstances,
and the remainder of this Act, shall not be affected thereby.
SEC. 26. (a) In order to provide the basis for evaluating programs
authorized by this Act, the development of new programs, and to
furnish the Congress with the information necessary for authoriza-
tion of appropriations for fiscal years beginning after June 30, 1968,
the Secretary, in cooperation with State water pollution control agen-
cies and other water pollution control planning agencies, shall make a
detailed estimate of the cost of carrying out the provision of this Act;
a comprehensive study of the economic impact on affected units of
government of the cost of installation of treatment facilities; and a
comprehensive analysis of the national requirements for arid the cost
of treating municipal, industrial, and other effluent to attain such
water quality standards as established pursuant to this Act or appli-
cable State 'law. The Secretary shall submit such detailed estimate
and such comprehensive study of such cost for the five-year period
beginning July 1, 1968, to the Congress no later than January 10,
1968, such study to be updated each year thereafter.
(b) The Secretary shall also make a complete investigation and
study to determine (1) the need for additional trained State and local
personnel to carry out programs assisted pursuant to this Act and
other programs for the same purpose as this Act, and (2) means of
using existing Federal training programs to train such personnel. He
81 "Indian tribe" and "authorized Indian tribal organization" added to definition by sec.
209, Public Law 89-753.
67 Renumbered and amended by sec. 102 and sec. 107. Public Law 91-224.
68 Sees. 25 and 26 renumbered by sec. 102, Public Law 91-224.
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shall report the results of such investigation and study to the Presi-
dent and the Congress not later than July 1,1967.59
SHORT TITLE 60
SEC. 27. This Act may be cited as the "Federal Water Pollution
Control Act".
69 Section added by sec 210, Public Law 89-7S3.
" Renumbered by sec. 102 of Public Law 91-224.
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REORGANIZATION PLAN NO. 2 OF 1966
(Text with Explanatory Notes)
Providing for Keorganization of Certain Water Pollution Control
Functions. Prepared by the President and Transmitted to Congress,
February 28, 1966, Pursuant to the Provisions of the Reorganization
Act of 1949, as Amended. Reorganization Plan Effective, with the As-
sent of Congress, May 10,1966.
WATER POLLUTION CONTROL
SECTION 1. TRANSFERS OF FUNCTIONS AND AGENCIES.—(a) Except as
otherwise provided in this section, all functions of the Secretary of
Health, Education, and Welfare and of the Department of Health,
Education, and Welfare under the Federal Water Pollution Control
Act, as amended, hereinafter referred to as the Act (33 U.S.C. 466
et seq^.), including all functions of other officers, or of employees or
agencies, of that Department under the Act, are hereby transferred
to the Secretary of the Interior.
(b) The Federal Water Pollution Control Administration is hereby
transferred to the Department of the Interior.
(c) (1) The Water Pollution Control Advisory Board, together with
its functions, is hereby transferred to the Department of the Interior.
(2) The functions of the Secretary of Health, Education, and Wel-
fare (including those of his designee) under section 9 1 of the Act shall
be deemed to be hereby transferred to the Secretary of the Interior.
(3) The Secretary of Health, Education, and Welfare shall be an
additional member of the said Board as provided for by section 91 of
the Act and as modified by this reorganization plan.
(d)(l) The Hearing Boards provided for in sections 10(c)(4)2
and 10(f)3 of the Act, including any Boards so provided for which may
be in existence on the effective date of this reorganization plan, together
with their respective functions, are hereby transferred to the Depart-
ment of the Interior.
(2) The functions of the Secretary of Health, Education, and Wel-
fare under the said sections 10(c) (4)2 and 10(f)3 shall be deemed to
be hereby transferred to the Secretary of the Interior.
(3) The Secretary of the Interior shall give the Secretary of Health,
Education, and Welfare opportunity to select a member of each Hear-
ing Board appointed pursuant to sections 10(c)(4)2 and 10(f)3 of
the Act as modified by this reorganization plan.
1 Sec. 9 relates to Water Pollution Control Advisory Board.
2 Sec. 10(c)(4) relates to Hearing Board appointed to consider water quality standards.
3 Sec. 10 (f) relates to Hearing Board appointed to make findings and recommendations
with respect to pollution of Interstate or navigable waters which endangers the health or
welfare of persons.
(55)
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(e) There are excepted from the transfers effected by subsection
(a) of this section (1) the functions of the Secretary of Health, Edu-
cation, and Welfare and the Assistant Secretary of Health, Educa-
tion, and Welfare under clause (2) of the second sentence of section
l(b)4 of the Act, and (2) so much of the functions of the Secretary of
Health, Education, and Welfare under section 3(b) (2)s of the Act
as relates to public health aspects.
(f) The functions of the Surgeon General under section 2 (k) of the
Water Quality Act of 1965_(79 Stat. 905)° are transferred to the
Secretary of Health, Education, and Welfare. Within 90 days after
this reorganization plan becomes effective, the Secretary of the In-
terior and the Secretary of Health, Education, and Welfare shall
present to the President for his approval an interdepartmental agree-
ment providing in detail for the implementation of the consultations
provided for by said section 2(k). Such interdepartmental agreement
may be modified from time to time by the two Secretaries with the
approval of the President.
(g) The functions of the Secretary of Health, Education, and Wel-
fare under sections 2(b), (c), and (g)r of the Water Quality Act of
1965 are hereby transferred to the Secretary of the Interior: Provided,
That the Secretary of the Interior may exercise the authority to pro-
vide further periods for the transfer to classified positions in the
Federal Water Pollution Control Administration of commissioned
officers of the Public Health Service under said section 2(b) only
with the concurrence of the Secretary of Health, Education, and
Welfare.
(h) The functions of the Secretary of Health, Education, and Wel-
fare under the following provisions of law are hereby transferred
to the Secretary of the Interior:
(1) Section 702(a) of the Housing and Urban Development
Act of 1965 (79 Stat. 490) .8
(2) Section 212 of the Appalachian Kegional Development
Act of 1965 (79 Stat. 16).9
(3) Section 106 of the Public Works and Economic Develop-
ment Act of 1965 (79 Stat. 554) .10
SEC. 2. ASSISTANT SECRETARY OF THE IKTERIOR.—There shall be in
the Department of the Interior one additional Assistant Secretary
of the Interior, shall be appointed by the President, by and with the
advice and consent of the Senate, who shall, except as the Secretary
of the Interior may direct otherwise, assist the Secretary in the dis-
charge of the functions transferred to him hereunder, who shall per-
form such other duties as the Secretary shall from time to time
4 Sec. l(b) relates to the administration of functions of the Department of Health,
Education, and Welfare related to water pollution, other than those authorized by the Act.
The attached print of the Act reflects this provirf"n of the reorganization plan.
6 Sec. 3(b) (2) relates to giving advice to Federal construction agencies on the need
for and the value of storage for streamliow regulation lor water quality control in the
planning of reservoirs.
"Sec. 2(k) of the Water Quality Act of 1965 does not amend the basic Federal Water
Pollution Control Act. The subsection requires that the Surgeon General shall be consulted
by the head of the Federal Water Pollution Control Administration on the public health
aspects relating to water pollution over which the latter official has administrative
responsibility.
7 Sec. 2 of the Water Quality Act of 1965 includes provisions relating to the voluntary
transfer to civil service status of commissioned officers of the Public Health Service per-
forming functions relating to the Federal Water Pollution Control Act. These provisions
do not amend the basic Federal Water Pollution Control Act.
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prescribe, and who shall receive compensation at the rate now or
hereafter prescribed by law for Assistant Secretaries of the Interior.
SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS.—The provisions
of sections 2 and 5 of Keorganization Plan No. 3 of 1950 (64 Stat.
1262)" shall be applicable to the functions transferred hereunder to
the Secretary of the Interior to the same extent as they are applicable
to the functions transferred to the Secretary thereunder.
SEC. 4. INCIDENTAL PROVISIONS.— (a) So much of the personnel,
property, records, and unexpended balances of appropriations, alloca-
tions, and other funds, employed, used, held, available, or to be made
available in connection with the functions transferred to the Secretary
of the Interior or the Department of the Interior by this reorganiza-
tion plan as the Director of the Bureau of the Budget shall determine
shall be transferred to the Department of the Interior at such time
or times as the Director shall direct.
(b) Such further measures and dispositions as the Director of the
Bureau of the Budget shall deem to be necessary in order to effectuate
the transfers referred to in subsection (a) of this section shall be
carried out in such manner as he shall direct and by such agencies as
he shall designate.
(c) This reorganization plan shall not impair the transfer rights
and benefits of commissioned officers of the Public Health Service
provided by section 2 of the Water Quality Act of 1965.7
SEC. 5. ABOLITION OF OFFICE.—(a) There is hereby abolished that
office of Assistant Secretary of Health, Education, and Welfare the
incumbent of which is on date of the transmittal of this reorganization
plan to the Congress the Assistant Secretary of Health, Education,
and Welfare designated by the Secretary of Health, Education, and
Welfare under the provisions of section l(b) 12 of the Act.
(b) The Secretary of Health, Education, and Welfare shall make
such provisions as he shall deem to be necessary respecting the winding
up of any outstanding affairs of the Assistant Secretary whose office is
abolished by subsection (a) of this section.
8 Sec. 207(a) of the Housing and Urban Development Act of 1965 provides that no grant
for sewer facilities may be made by the Secretary of Housing and Urban Development
(formerly the Housing and Home Finance Administrator) unless the Secretary of Health,
Education, and Welfare certifies to the former official that any waste materia'l carried by
such facilities will be adequately treated before it is discharged into any public waterway
so as to meet applicable Federal, State, interstate, or local water quality standards.
9 Sec. 212 of the Appalachian Regional Development Act of 1965 authorizes the Secretary
of Health, Education, and Welfare to make grants for the construction of sewage treat-
ment works in the Appalachian Region in accordance with the provisions of the Federal
Water Pollution Control Act, without regard to appropriation authorization ceilings or
State allotments.
10 Sec. 106 of the Public Works and Economic Development Act of 1965 provides that no
financial assistance, through grants, loans, guarantees, or otherwise, shall be made under
the Act to be used directly or indirectly for sewer or other waste disposal facilities unless
the Secretary of Health, Education, and Welfare certifies to the Secretary of Commerce that
any waste material carried by such fac'lities will be adequately treated before it is dis-
charged into any public waterway so as to meet applicable Federal, State, interstate, or
local water quality standards.
11 Reorganization Plan No 3 of 1950 transferred to the Secretary of the Interior (with
certain exceptions) all functions of all other officers of the Department and all functions
of all agencies and all employees of the Department. Sec. 2 authorized him to delegate
functions to any other officer, any agency, or any emp'oyee of the Department. Sec 5
authorized him to effect incidental transfers within the Department of records, property,
personnel, and unexpended funds
12 Sec. l(b) provides that the Secretary of Health, Education, and Welfare shall admin-
ister the Act through the Federal Water Pollution Control Administration and with the
assistance of an Assistant Secretary of Health, Education, and Welfare designated by him.
The attached print of the Act reflects th« abolition of this position and the establishment
of the position of an additional Assistant Secretary of the Interior under Section 2 of the
reorganization plan.
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THE PRESIDENT
Executive Order 11507
PREVENTION, CONTROL, AND ABATEMENT OF AIR AND WATER
POLLUTION AT FEDERAL FACILITIES
By virtue of the authority vested in me as President of the United
States and in furtherance of the purpose and policy of the Clean Air
Act, as amended (42 TJ.S.C. 1857), the Federal Water Pollution Con-
trol Act, as amended (33 TJ.S.C. 466), and the National Environmental
Policy Act of 1969 (Public Law No. 91-190, approved January 1,
1970), it is ordered as follows:
SECTION 1. Policy. It is the intent of this order that the Federal
Government in the design, operation, and maintenance of its facilities
shall provide leadership in the nationwide effort to protect and en-
hance the quality of our air and water resources.
SEC. 2. Definitions. As used in this order:
(a) The term "respective Secretary" shall mean the Secretary of
Health, Education, and Welfare in matters pertaining to air pollu-
tion control and the Secretary of the Interior in matters pertaining
to water pollution control.
(b) The term "agencies" shall mean the departments, agencies, and
establishments of the executive branch.
(c) The term "facilities" shall mean the buildings, installations,
structures, public works, equipment, aircraft, vessels, and other
vehicles and property, owned by or constructed or manufactured for
the purpose of leasing to the Federal Government.
(d) The term "air and water quality standards" shall mean respec-
tively the quality standards and related plans of implementation,
including emission standards, adopted pursuant to the Clean Air Act,
as amended, and the Federal Water Pollution Control Act, as
amended, or as prescribed pursuant to section 4 (b) of this order.
(e) The term "performance specifications" shall mean permissible
limits of emissions, discharges, or other values applicable to a particu-
lar Federal facility that would, as a minimum, provide for conform-
ance with air and water quality standards as defined herein.
(f) The term "United States" shall mean the fifty States, the_Dis-
trict of Columbia, the Commonwealth of Puerto Eico, the Virgin
Islands, and Guam.
SEC. 3. Responsibilities, (a) Heads of agencies shall, with regard
to all facilities under their jurisdiction:
(1) Maintain review and surveillance to ensure that the standards
set forth in section 4 of this order are met on a continuing basis.
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(2) Direct particular attention to identifying potential air and
water quality problems associated with the use and production of
new materials and make provisions for their prevention and control.
(3) Consult with the respective Secretary concerning the best tech-
niques and methods available for the protection and enhancement of
air and water quality.
(4) Develop and publish procedures, within six months of the date
of this order, to ensure that the facilities under their jurisdiction are
in conformity with this order. In the preparation of such procedures
there shall be timely and appropriate consultation with the respective
Secretary.
(b) The respective Secretary shall provide leadership in imple-
menting this order, including the provision of technical advice and
assistance to the heads of agencies in connection with their duties and
responsibilities under this order.
(c) The Council on Environmental Quality shall maintain con-
tinuing review of the implementation of this order and shall, from
time to time, report to the President thereon.
SEC. 4. Standards, (a) Heads of agencies shall ensure that all
facilities under their jurisdiction are designed, operated, and main-
tained so as to meet the following requirements:
(1) Facilities shall conform to air and water quality standards as
denned in section 2(d) of this order. In those cases where no such
air or water quality standards are in force for a particular geographi-
cal area, Federal facilities in that area shall conform to the standards
established pursuant to subsection (b) of this section. Federal facili-
ties shall also conform to the performance specifications provided
for in this order.
(2) Actions shall be taken to avoid or minimize wastes created
through the complete cycle of operations of each facility.
(3) The use of municipal or regional waste collection or disposal
systems shall be the preferred method of disposal of wastes from
Federal facilities. Whenever use of such a system is not feasible or
appropriate, the heads of agencies concerned shall take necessary
measures for the satisfactory disposal of such wastes, including:
(A) When appropriate, the installation and operation of their own
waste treatment and disposal facilities in a manner consistent with
this section.
(B) The provision of trained manpower, laboratory and other
supporting facilities as appropriate to meet the requirements of this
section.
(C) The establishment of requirements that operators of Federal
pollution control facilities meet levels of proficiency consistent with
the operator certification requirements of the State in which the
facility is located. In the absence of such State requirements the
respective Secretary may issue guidelines, pertaining to operator
qualifications and performance, for the use of heads of agencies.
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(4) The use, storage, and handling of all materials, including but
not limited to. solid fuels, ashes, petroleum products, and other
chemical and biological agents, shall be carried out so as to avoid or
minimize the possibilities for water and air pollution. When appro-
priate, preventive measure shall be taken to entrap spillage or dis-
charge or otherwise to prevent accidental pollution. Each agency,
in consultation with the respective Secretary, shall establish appro-
priate emergency plans and procedures for dealing with accidental
pollution.
(5) No waste shall be disposed of or discharged in such a manner
as could result in the pollution of ground water which would endanger
the health or welfare of the public.
(6) Discharges of radioactivity shall be in accordance with the
applicable rules, regulations, or requirements of the Atomic Energy
Commission and with the policies and guidance of the Federal Radia-
tion Council as published in the Federal Register.
(b) In those cases where there are no air or water quality standards
as denned in section 2(d) of this order in force for a particular geo-
graphic area or in those cases where more stringent requirements are
deemed advisable for Federal facilities, the respective Secretary, in
consultation with appropriate Federal, State, interstate, and local
agencies, may issue regulations establishing air or water quality stand-
ards for the purpose of this order, including related schedules for
implementation.
(c) The heads of agencies, in consultation with the respective Sec-
retary, may from time to time identify facilities or uses thereof which
are to be exempted, including temporary relief, from provisions of this
order in the interest of national security or in extraordinary cases
where it is in the national interest. Such exemptions shall be reviewed
periodically by the respective Secretary and the heads of the agencies
concerned. A report on exemptions granted shall be submitted to the
Council on Environmental Quality periodically.
SEO. 5. Procedures for abatement of air and water pollution at exist-
ing Federal facilities, (a) Actions necessary to meet the requirements
of subsections (a) (1) and (b) of section 4 of this order pertaining to
air and water pollution at existing facilities are to be completed or
under way no later than December 31,1972. In cases where an enforce-
ment conference called pursuant to law or air and water quality stand-
ards require earlier actions, the earlier date shall be applicable.
(b) In order to ensure full compliance with the requirements of
section 5(a) and to facilitate budgeting for necessary corrective and
preventive measures, heads of agencies shall present to the Director of
the Bureau of the Budget by June 30,1970, a plan to provide for such
improvements as may be necessary to meet the required date. Subse-
quent revisions needed to keep any such plan up-to-date shall be
promptly submitted to the Director of the Bureau of the Budget.
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(c) Heads of agencies shall notify the respective Secretary as to
the performance specifications proposed for each facility to meet the
requirements of subsections 4 (a) (1) and (b) of this order. Where the
respective Secretary finds that such performance specifications are
not adequate to meet such requirements, he shall consult with the
agency head and the latter shall thereupon develop adequate perform-
ance specifications.
(d) As may be found necessary, heads of agencies may submit
requests to the Director of the Bureau of the Budget for extensions of
time for a project beyond the time specified in section 5 (a). The Direc-
tor, in consultation with the respective Secretary, may approve such
requests if the Director deems that such project is not technically
feasible or immediately necessary to meet the requirements of sub-
sections 4 (a) and (b). Full justification as to the extraordinary cir-
cumstances necessitating any such extension shall be required.
(e) Heads of agencies shall not use for any other purpose any of
the amounts appropriated and apportioned for corrective and preven-
tive measures necessary to meet the requirements of subsection (a)
for the fiscal year ending June 30, 1971, and for any subsequent
fiscal year.
SEC. 6. Procedures for new Federal facilities, (a) Heads of agencies
shall ensure that the requirements of section 4 of this order are con-
sidered at the earliest possible stage of planning for new facilities.
(b) A request for funds to defray the cost of designing and con-
structing new facilities in the United States shall be included in the
annual budget estimates of an agency only if such request includes
funds to defray the costs of such measures as may be necessary to
assure that the new facility will meet the requirements of section 4
of this order.
(c) Heads of agencies shall notify the respective Secretary as to the
performance specifications proposed for each facility when action is
necessary to meet the requirements of subsections 4 (a) (1) and (b)
of this order. Where the respective Secretary finds that such per-
formance specifications are not adequate to meet such requirements
he shall consult with the agency head and the latter shall thereupon
develop adequate performance specifications.
(d) Heads of agencies shall give due consideration to the quality
of air and water resources when facilities are constructed or operated
outside the United States.
SEC. 7. Procedures for Federal water resources projects, (a) All
water resources projects of the Departments of Agriculture, the
Interior, and the Army, the Tennessee Valley Authority, and the
United States Section of the International Boundary and Water
Commission shall be consistent with the requirements of section 4
of this order. In addition, all such projects shall be presented for the
consideration of the Secretary of the Interior at the earliest feasible
stage if they involve proposals or recommendations with respect to
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the authorization or construction of any Federal water resources proj-
ect in the United States. The Secretary of the Interior shall review
plans and supporting data for all such projects relating to water
quality, and shall prepare a report to the head of the responsible
agency describing the potential impact of the project on water quality,
including recommendations concerning any changes or other measures
with respect thereto which he considers to be necessary in connection
with the design, construction, and operation of the project.
(b) The report of the Secretary of the Interior shall accompany
at the earliest practicable stage any report proposing authorization
or construction, or a request for funding, of such a water resource
project. In any case in which the Secretary of the Interior fails to
submit a report within 90 days after receipt of project plans, the
head of the agency concerned may propose authorization, construc-
tion, or funding of the project without such an accompanying report.
In such a case, the head of the agency concerned shall explicitly state
in his request or report concerning the project that the Secretary^ of
the Interior has not reported on the potential impact of the project
on water quality.
SEC. 8. Saving provisions. Except to the extent that they are in-
consistent with this order, all outstanding rules, regulations, orders,
delegations, or other forms of administrative action issued, made, or
otherwise taken under the orders superseded by section 9 hereof or
relating to the subject of this order shall remain in full force and
effect until amended, modified, or terminated by proper authority.
SEO. 9. Orders superseded. Executive Order No. 11282 of May 26,
1966, and Executive Order No. 11288 of July 2, 1966, are hereby
superseded.
THE WHITE HOUSE,
February 4, 1970.
[F.B. Doc. 70-1566; Filed, Feb. 4,1970; 12:33 p.m.]
U.S. Environmental Protection Agency
GLNPO Library Collection (PL-12J)
77 West Jackson Boulevard
Chicago, IL 60604-3590 '
U. S. GOVERNMENT PRINTING OFFICE : 1971 O - 442-867
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