THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
O'
Statutes and Legislative History
Executive Orders
Regulations
Guidelines and Reports
Supplement I
Volume II
Water
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THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
LtBdnail
ODIIIIIl
Statutes and Legislative History
Executive Orders
Regulations
Guidelines and Reports
\
B
Supplement I
Volume II
Water
JANUARY 1973
WILLIAM D. RUCKELSHAUS
Administrator
For sale by the Superintendent of Documents, U.S. Government Pri
Washington, D.C. 20402 - Price $16.66 per 5 vol. set. Sold in se'
Stock Number 5BOO-00086
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FOREWORD
No nation in the history of the world has ever developed as fast as
the United States. Starting virtually from scratch, we created in one
century the world's first industrial society on a continental scale. Since
we derived such great benefits from the exploitation of natural re-
sources, it is not surprising that we equated all forms of growth with
progress.
Today, however, there is a new mood in this country. We are dis-
posed to look more carefully at our past assumptions, including those
which brought us wealth, comfort, and convenience. We have learned
a great deal, especially in the last decade. We have acquired a more
comprehensive perception of the problems of modern society and how
persistent and intractable they can be. But these problems are not be-
yond solution. They give way before ingenuity, perseverance, and
mutual cooperation.
I think this nation is well on its way to a new era of environmental
stewardship. We are beginning to realize that the earth itself, the
whole biosphere, is an environment from which we cannot insulate
ourselves. We are learning that while we may alter that environment,
we must also be prepared to protect it and to foresee the full effects of
our actions on tomorrow's world.
When future historians look back on this period, they should say
it was an age of enlightenment when man first understood that his
limitless capacity to innovate always takes place within nature, not
outside it, and that preserving the life systems of the earth is his most
sacred task.
It will take decades of heavy investment, generations of strenuous
effort, and many hard years of learning to live with new habits and
imperatives. But in the end we shall restore the earth—not perhaps
to what it was in the past, for the past is unrecoverable— but to a new
condition of wholeness, where man may live in peace.
Such a world is ours for the making.
WILLIAM D. RUCKELSHATJS
Administrator
U.S. Environmental Protection Agency
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PREFACE
Reorganization Plan No. 3 of 1970 transferred 15 governmental
units with their functions and legal authority to create the U.S. En-
vironmental Protection Agency. Since only the major laws were cited
in the Plan, the Administrator, William D. Euckelshaus, requested
that a compilation of EPA legal authority be researched and pub-
lished.
The publication has the primary function of providing a working
document for the Agency itself. Secondarily, it will serve as a research
tool for the public.
This particular volume, which constitutes the first supplement, is a
product of a permanent office in the Office of Legislation, established
to perform the updating function.
It is the hope of EPA that this set will assist in the awesome task of
developing a better environment.
MARY LAXE REED WARD GENTRY, J.D.
Assistant Director, Office of Field Operations
Office of Legislation
U.S. Environmental Protection Agency
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2-EPA
INSTRUCTIONS
This new publication is intended to do two things. It is designed
first to update the EPA Legal Compilation, which first appeared in
1973. But it is also intended to stand alone as a collection and
presentation in one document of the text and legislative history of
the major environmental legislation enacted during the Second Ses-
sion of the 92d Congress.
In the first instance, for those using this publication in conjunction
with the Compilation, the point system employed there will be con-
tinued here. Although in that work at each solely numerical point
(1.1, 1.2, etc.) the complete then current text of the pertinent statutes
was provided, in this publication ONLY the public law text of the
latest amendment will be used because the new legislation has not yet
been codified. The public law texts appear at the appropriate numeri-
cal-alphabetical point (1.32a, 1.2r, etc.) of the legislative history.
For those using this publication as an independent document, the
Table of Contents has a listing of the materials included by specific
environmental area.
Finally, this work is intended for general legal reference and in-
formation, not as one which may be formally cited in the legal sense,
and the author disclaims responsibility for liability arising from its
use. In this connection, it should be noted that the many quotations
from the Congressional Record for the 92nd Congress were taken
from the "unofficial" daily version which is subject to subsequent
modification by the Members prior to the publication of the final of-
ficial record, not available at this time.
From the outset, our concern was to make this important material
available to the public as quickly as possible and we recognized that
in order to accomplish this, we would have to diminish its official
character to some extent. We think that it was a fair trade-off.
vii
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CONTENTS
Volume I-III
WATER Paae
1.2 Federal Water Pollution Control Act, as amended, 33
U.S.C. § 1251 etseq 1
1.2p Federal Water Pollution Control Act Amendments of
1972, October 18, 1972, P.L. 92-500, 86 Stat. 816... 1
(1) Senate Committee on Public Works, S. REP. No.
92-414, 92d Cong., 1st Sess. (1971) 90
(2) House Committee on Public Works, H.R. REP.
No. 92-911, 92d Cong., 2d Sess. (1972) 205
(3) Committee of Conference, H.R. REP. No. 92-
1465, 92d Cong., 2d Sess. (1972) 628
(4) Congressional Record:
(a) Vol. 117 (1971), Nov. 2: Considered and
passed Senate, pp. S17396-S17487; 785
(b) Vol. 118 (1972), Mar. 27-29: Considered
and passed House, amended in lieu of H.R.
11896, pp. H2478-H2545, H2584-H2647,
H2718-H2800; 967
(c) Vol. 118 (1972), Oct. 4: House and Senate
agreed to conference report, pp. S16869-
S16895, H9114-H9135; 1395
(d) Vol. 118 (1972), Oct. 17: Senate overrode
veto, pp. S18534-S18535, S18548-S18554;... 1489
(e) Vol. 118 (1972), Oct. 18: House overrode
veto, pp. H10266-H10273 1510
1.32 Marine Protection, Research, and Sanctuaries Act, 33
U.S.C. § 1401 et seg 1525
1.32a Marine Protection, Research, and Sanctuaries Act
of 1972, October 23, 1972, P.L. 92-532, 86 Stat.
1052 1525
ix
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CONTENTS
Page
(1) House Committee on Merchant Marine and
Fisheries, H.R. REP. No. 92-361, 92d Cong.,
IstSess. (1971) 1537
(2) Senate Committee on Commerce, S. REP. No.
92-451, 92d Cong., 1st Sess. (1971) 1609
(3) Committee of Conference, H.R. REP. No. 92-
1546, 92d Cong., 2d Sess. (1972) 1654
(4) Congressional Record, Vol. 117 (1971):
(a) Sept. 8, 9: Considered and passed House,
pp. H8182-H8199, H8225-H8255; 1673
(b) Nov. 24: Considered and passed Senate,
amended, pp. S19629-S19655; 1768
(c) Vol. 118 (1972), Oct. 13: Senate and House
agreed to conference report, pp. S17962-
Sl7963,H9904-H9908 1823
Volume IV
PESTICIDES
1.1 Federal Insecticide, Fungicide, and Rodenticide Act, as
amended, 7 U.S.C. §§136-136y 1835
l.lk Federal Environmental Pesticide Control Act of 1972,
October 21, 1972, P.L. 92-516, 86 Stat. 973 1835
(1) House Committee on Agriculture, H.R. REP. No.
92-511, 92d Cong., 1st Sess. (1971) 1862
(2) Senate Committee on Agriculture and Forestry,
S. REP. No. 92-838, 92d Cong., 2d Sess (1972).. 1944
(3) Senate Committee on Commerce, S. REP. No.
92-970, 92d Cong., 2d Sess. (1972) 2091
(4) Committee of Conference, S. REP. No. 92-1540,
92d Cong., 2d Sess. (1972) 2137
(5) Congressional Record:
(a) Vol. 117 (1971), Nov. 8, 9: Considered and
passed House, pp. H10674-H10680, H10726-
H10774; 2172
(b) Vol. 118 (1972), Sept 26: Considered and
passsed Senate, amended, p. S15885-
S15900; 2281
(c) Vol. 118 (1972), Oct. 5: Senate agreed to con-
ference report, pp. S16977-S16981; 2312
(d) Vol. 118 (1972), Oct. 12: House agreed to
conference report, pp. H9795-H9798 2320
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CONTENTS xi
Volume V
NOISE
Page
1.4 Noise Control Act, 42 U.S.C. § 4901 et seq 2328
1.4a Noise Control Act of 1972, October 27, 1972, P.L. 92-
574, 86Stat. 1234 2328
(1) House Committee on Interstate and Foreign Com-
merce, H.R. REP. No. 92-842, 92d Cong., 2d
Sess. (1972) 2345
(2) Senate Committee on Public Works, S. REP. No.
92-1160, 92d Cong., 2d Sess. (1972) 2384
(3) Congressional Record, Vol. 118 (1972):
(a) Feb. 29: Considered and passed House, pp.
H1508-H1539 2345
(b) Oct. 12: Considered in Senate, pp. S17743-
S17764, S17774-S17785; 2499
(c) Oct. 13: Considered and passed Senate,
amended, pp. S17988-S18014; 2567
(d) Oct. 18: House concurred in Senate amend-
ment, with an amendment, pp. H10261-
H10262, H10287-H10300; --- 2621
(e) Oct. 18. Senate concurred in House amend-
ment, pp.S18638-S18646 2651
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1.2p(3) COMMITTEE OF CONFERENCE
H.R. REP. No. 92-1465, 92d Cong., 2d Sess. (1972)
FEDEKAL WATEK POLLUTION CONTEOL ACT
AMENDMENTS OF 1972
SEPTEMBEB 28,1972.—Ordered to be printed
Mr. JONES of Alabama, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany 8.2770]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill' (S. 2770) to amend
the Federal Water Pollution Control Act, having met, after full and
free conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following:
That this Act may be cited as the "Federal Water Pollution Control
Act Amendments of 1978".
SEC. 2. The Federal Water Pollution Control Act is amended to read
as follows:
"TITLE I—RESEARCH AND RELATED
PROGRAMS
"DECLARATION OF OOALS AND POLICY
"&EC. 101. (a) The objective of this Act is to restore and maintain
the chemical, physical, and biological integrity of the Nation's waters.
In order to achieve this objective it is hereby declared that, consistent
with the provisions of this Act—
" (1) it is the national goal that the discharge of pollutants into
the navigable waters be eliminated by 1985;
" (8) tt is the national goal that wherever attainable, an interim,
goal of water quality which provides for the protection and
propagation of ftsli, shellfish, and wildlife and provides for recrea-
tion in and on the water be achieved by July 1,1983;
[p- 1]
(628)
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WATER—STATUTES AND LEGISLATIVE HISTORY 629
"(
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630 LEGAL COMPILATION—SUPPLEMENT I
dustries involved, prepare or develop comprehensive programs for
preventing, reducing, or eliminating the pollution of the navigable
waters and ground vuaters and improving the sanitary condition of
surface and underground waters. In the development of such compre-
hensive programs due regard shall l>e given to the improvements which
are necessary to conserve such waters for the protection and propaga-
tion of fish and aquatic life and wildlife, recreational purposes, and
the uiithdrawal of such waters for public water supply, agricultural,
industrial, and other purposes. For the purpose of this section, the
Administrator is authorized to make joint investigations with any
such agencies of the condition of any wafers in any State or States,
and of the discharges of any sewage, industrial wastes, or substance
which may adversely affect such waters.
"(5) (1) In the survey or planning of any reservoir by the Corps of
Engineers, Bureau of Reclamation, or other Federal agency, consid-
eration shall l)e given to inclusion of storage for regulation of stream-
flow, except that any such storage and water releases shall not be pro-
vided as a substitute for adequate treatment or other methods of con-
trolling waste at the source.
" (2) The need for and the value of storage for regulation of stream-
flow (other than for water quality) including but not limited to navi-
gation, salt water intrusion, recreation, esthetics, and fish and wild-
life, shall be determined by the Corps of Engineers, Bureau of Recla-
mation, or other Federal agencies.
"(
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WATER—STATUTES AND LEGISLATIVE HISTORY 631
Federal Water Pollution Control Act Amendments of 1972, if such
agency provides for adequate representation of appropriate State,
interstate, local, or (when appropriate) international interests in the
basin or portion thereof involved and is capable of developing an effec-
tive, comprehensive water quality control plan for a basin or portion
thereof.
" (2) Each planning agency receiving a grant under this subsection
shall develop a comprehensive pollution control plan for the basin or
portion thereof which—
" (A) is consistent with any applicable water quality standards,
effluent and other limitations, and thermal discharge regulations
established pursuant to current law within the basin;
" (B) recommends such treatment works as will provide the most
effective and economical means of collection, storage, treatment,
and elimination of pollutants and recommends means to encourage
both municipal and industrial use of such works;
11 (C) recommends maintenance and improvement of 'mater
quality within the basin or portion thereof and recommends
methods of adequately financing those facilities as may be neces-
sary to implement the plan; and
"(D) as appropriate, is developed in cooperation with, and is
consistent with any comprehensive plan prepared by the Water
Resources Council, any areawide waste management plans devel-
oped pursuant to section 208 of this Act, and any State plan
developed pursuant to section -303(e) of this Act.
"(5) 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. 103. (a) The Administrator shall encourage cooperative activ-
ities by the States for the prevention, reduction, and elimination of
pollution, encourage the enactment of improved and, so far as pi^ac-
ticable, uniform State laws relating to the prevention, reduction, and
elimination of pollution; and encourage compacts between States for
the prevention and control of pollution.
"(&) The consent of the Congress is hereby given to two or more
States to negotiate and enter into agreements or compacts, not in
conflict with any law or treaty of the. United States, for (1) coopera-
tive effort and mutual assistance for the prevention and control of
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.
"RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION
"Sec. lOJf. (a) The Administrator shall establish national programs
for the prevention, reduction^ and elimination of pollution and as
part of such programs shall—
[P- 4]
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632 LEGAL COMPILATION—SUPPLEMENT I
"(7) in cooperation with other Federal, State, and local agen-
cies, conduct and promote the coordination and acceleration of,
research, investigations, experiments, training, demonstrations,
surveys, and studies relating to the causes, effects, extent, preven-
tion, reduction, and elimination of pollution;
"(#) encourage, cooperate with, and render technical services
to pollution control agencies and other appropriate public or pri-
vate agencies, institutions, and organizations, 'and individuals,
including the general public, in the conduct of activities referred
to in paragraph (1) of this subsection;
"(5) conduct, in cooperation with State water pollution con-
trol agencies and other interested agencies, organizations and
persons, public investigations concerning the pollution of any
navigable waters, and report on the results of such investigations;
"(4) establish advisory committees composed of recognized
experts in various aspects of pollution and representatives of the
public to assist in the examination and evaluation of research
progress and proposals and to avoid duplication of research;
"(5) in cooperation with the States, and their political sub-
divisions, and other Federal agencies establish, equip, and main-
tain a water quality surveillance system for the purpose of mon-
itoring the quality of the navigable ivaters and ground waters
and the contiguous zone and the oceans and the Administrator
shall, to the extent practicable, conduct such surveillance by
utilizing the resources of the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric Admin-
istration, the Geological Survey, and the Coast Guard, and shall
report on such quality in the report required under subsection
(a) of section 516; and
"(6) initiate and promote the coordination and acceleration
of research designed to develop the most effective practicable
tools and techniques for measuring the social and economic costs
and benefits of activities which are subject to regulation under
this Act; and shall transmit a report on the results of such
research to the Congress not later than January 1,1974.
u(b) In carrying out the provisions of subsection (a) of this sec-
tion the Administrator is authorized to—
"(/) collect and make available, through publications and
other appropriate means, the results of and other information,
including appropriate recommendations by him in connection
thereiviih, pertaining to such research and other activities
referred to in paragraph (1) of subsection (a);
"(2) cooperate with other Federal departments and agencies,
State water 'pollution control agencies, interstate agencies, other
public and private agencies, institutions, organizations, indus-
tries involved, and individuals, in the preparation and conduct
of such research and other activities referred to in paragraph
(1) of subsection (a);
"(5) make grants to State water pollution control agencies,
interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals, for purposes stated
in paragraph (J) of subsection (a) of thw section;
[p. 5]
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WATER—STATUTES AND LEGISLATIVE HISTORY 633
"(4) contract with public or private agencies, institutions,
organizations, and individuals* ivithout regard to sections 3648
and 3709 of the Revised Statutes (31 U.S.C. 5%9; 41 U.S.C. 5),
referred to in paragraph (1) of subsection (a)/
" (-5) establish and maintain research fellowships at public or
nonprofit private educational institutions or research, organi-
zations;
" (6) collect and disseminate, in cooperation with other Federal
departments and agencies, and with other public or private agen-
cies, institutions, and organizations having related responsibili-
ties, basic data on chemical, physical, and biological effects of
varying water quality and other information pertaining to pollu-
tion and the prevention, reduction, and elimination thereof; and
"(7) develop effective and practical processes, methods, and
prototype devices for the prevention, reduction, and elimination
of pollution.
"(c) In carrying out the provisions of subsection (a) of this section
the Administrator shall conduct research on, and survey the results of
other scientific studies on, the harmful effects on the health or welfare
of persons caused by pollutants. In order to avoid duplication of effort,
the Administrator shall, to the extent practicable, conduct such research
in cooperation with and through the facilities of the Secretary of
Health, Education, and Welfare.
" (d) In carrying out the provisions of this section the Administrator
shall develop and demonstrate under varied conditions (including con-
ducting such basic and applied research, studies, and experiments as
may be necessary) :
"(1) Practicable means of treating municipal sewage, and other
waterborne wastes to implement the requirements of section Wl
of this Act;
"(#) Improved methods and procedures to identify and meas-
ure the effects of pollutants, including those pollutants created by
new technological developments; and
" (3) Methods and procedures for evaluating the effects on wa-
ter quality of augmented streamflows to control pollution not sus-
ceptible to other means of prevention, reduction, or elimination.
"(e) The Administrator shall establish, equip, and maintain field
laboratory 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 mid-
western area, one in the southwestern area, one in the Pacific North-
west, and one in the State of Alaska, for the conduct of research, in-
vestigations, experiments, field demonstrations and studies, and train-
ing relating to the prevention, reduction and elimination of pollution.
Insofar as practicable, each such facility shall be located near institu-
tions of higher learning in which,graduate training in such research
might be carried out. In conjunction with the development of criteria
under section 403 of this Act, the Administrator shall construct the
facilities authorized for the National Marine Water Quality Labora-
tory established under this subsection.
" (/) The Administrator shall conduct research and technical devel-
opment work, and make studies, with respect to the quality of the
[p- 6]
525-311 O - 73 - 2
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634 LEGAL COMPILATION—SUPPLEMENT I
waters of the Great Lakes, including an analysis of the present and
projected future water quality of the Great Lakes under varying con-
ditions of waste treatment and disposal, an evaluation of the water
quality needs of those to be served by such waters, an evaluation of
municipal, industrial, and vessel waste treatment and disposal prac-
tices with respect to such waters, and a study of alternate means of
solving pollution problems (including additional waste treatment
measures) with respect to such waters.
" (g) (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 Administrator
shall finance pilot programs, in cooperation with State and interstate
agencies, municipalities, educational institutions, and other organi-
zations 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
supplant, other manpower and training programs and funds avail-
able for the purposes of this paragraph. The Administrator is author-
ized, under such terms and conditions as he deems appropriate, to
enter into agreements with one or more States, acting jointly or sever-
ally, or ivith other public or private agencies or institutions for the
development and implementation of such a program.
"(#) The Administrator is authorised to enter into agreements with
public and private agencies and institutions, and individuals to de-
velop and maintain an effective system for forecasting the supply of,
and demand for, various professional and other occupational cate-
gories needed for the prevention, reduction, and elimination of pollu-
tion in each region, State, or area of the United States and, from time
to time, to publish the results of such forecasts.
"(
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WATER—STATUTES AND LEGISLATIVE HISTORY 635
tional categories for which training ivas provided, the effectiveness of
other Federal, State, and local training programs in this field, together
with estimates of future needs, recommendations on improving train-
ing programs^ and such other information and recommendations, in-
cluding legislative recommendations, as he deems appropriate.
"(h) The Administrator is authorized to enter into contracts with,
or make grants to, public or private agencies and organizations and
individuals for (A) the purpose of developing and demonstrating new
or improved methods for the prevention, removal, reduction, and elim-
ination of pollution in lakes, including the undesirable effects of
nutrients and vegetation, and (B) the construction of publicly owned
research facilities for such purpose.
"(i) The Administrator, in cooperation with the Secretary of the
department in ivhich the Coast Guard is operating, shall—
" (1) 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, control, and elimination
of oil and hazardous substances pollution;
"(£) publish from time to time the results of such activities;
and
"(«?) from time to time, develop and publish in the Federal
Register specifications and other technical information on the
various chemical compounds used in the control of oil and hazard-
ous substances spills.
In carrying out this subsection, the Administrator may enter into con-
tracts with, or make grants to, public or private agencies and organiza-
tions and individuals.
"(j) The Secretary of the Department in which the Coast Guard
is operating shall engage in such research, studies, experiments, and
demonstrations as he deems appropriate relative to equipment 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 of the department in which the Coast Guard
is operating shall report to Congress the results of such research,
studies, experiments, and demonstrations prior to the effective date
of any regulations established under section 312 of this Act. In carry-
ing out this subsection the Secretary of the department in which the
Coast Guard is operating may enter into contracts with, or make
grants to, public or private organizations and individuals.
"(&) In carrying out the provisions of this section relating to the
conduct by the Administrator of demonstration projects and the de-
velopment of field laboratories and research facilities, the Adminis-
trator may acquire land and interests therein by purchase, with appro-
priated or donated funds, by donation, or by exchange for acquired
or public lands under his jurisdiction, which he-classifies as suitable
for disposition. The values of the properties so exchanged either shall
be approximately equal, or if they are not approximately equal, the
values shall be equalized by the payment of cash to the grantor or to
the Administrator as the circumstances require.
"(7)(j?) The Administrator shall, after consultation with appro-
priate local, State, and Federal agencies, public and private organiza-
[p. 8]
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636 LEGAL COMPILATION—SUPPLEMENT I
tions, and interested individuals, as soon, as practicable but not later
than January 1,1973, develop and issue to the States for the purpose
of carrying out this Act the latest scientific knowledge available in
indicating the kind and extent of effects on health and welfare which
may be expected from the presence of pesticides in the water in vary-
ing quantities. He shall revise and add to such information whenever
necessary to reflect developing scientific knowledge.
"(#) The President shall, in consultation with appropriate local,
State, and Federal agencies, public and private organisations, and
interested individuals, conduct studies and investigations of methods
to control the release of pesticides into the environment which study
shall include examination of the persistency of pesticides in the water
environment and alternatives thereto. The President shall submit
reports, from time to time, on such investigations to Congress together
with his recommendations for any necessary legislation.
"(TO) (1) The Administrator shall, in an effort to prevent degrada-
tion of the environment from the disposal of waste oil, conduct a study
of (A) the generation of used engine, machine, cooling, and similar
waste oil, including quantities generated, the nature and quality of
such oil, present collecting methods and disposal practices, and alter-
nate uses of such oil; (B) the long-term, chronic biological effects of
the disposal of such waste oil; and (C) the potential market for such
oils, including the economic and legal factors relating to the sale of
products made from such oils, the level of subsidy, if any, needed to
encourage the purchase by public and private nonprofit agencies of.
products from such oil, and the practicability of Federal procurement,
on a priority basis, of products made from such oil. In conducting
such study, the Administrator shall consult with affected industries
and other persons.
" (2) The Administrator shall report the preliminary results of such
study to Congress within six months after the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972, and shall
submit a final report to Congress within 18 months after such date of
enactment.
"(n) (1) The Administrator shall, in cooperation with the Secretary
of the Army, the Secretary of Agriculture, the Water Resources Coun-
cil, and with other appropriate Federal, State, interstate, or local
public bodies and private organizations, institutions, and individuals,
conduct and promote, and encourage contributions to, continuing
comprehensive studies of the effects of pollution, including sedimenta-
tion, 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
studies 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.
"(#) In conducting such studies, the Administrator shall assemble,
coordinate, and organize all existing pertinent information on the Na-
tion's estuaries and estuarine zones; carry out a program of investiga-
tions 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.
[p. 9]
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WATER—STATUTES AND LEGISLATIVE HISTORY 637
_" (
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638 LEGAL COMPILATION—SUPPLEMENT I
other liquid wastes combined with, the treatment and disposal of solid
wastes.
" (r) The Administrator is authorized to make grants to colleges and
universities to conduct basic research into the structure and function
physical, and biological integrity of freshwater aquatic ecosystems.
" (s) The Administrator is authorised to make grants to one or more
institutions of higher education (regionally located and to be desig-
nated as '•River Study Centers'1) for the purpose of conducting and
reporting on interdisciplinary studies on the nature of river systems,
including hydrology, biology, ecology, economics, the relationship be-
tween river uses and land uses, and the effects of development within
river basins on river systems and on the value of water resources and
water related activities. No such grant in any fiscal year shall exceed
$1,000,000.
"(£) The Administrator shall, in cooperation with State and Fed-
eral agencies and public and private organizations, conduct con-
tinuing comprehensive studies of the effects and methods of control
of thermal discharges. In evaluating alternative methods of con-
trol the studies shall consider (1) such data as are available on the
latest available technology, economic feasibility including cost-ef-
fectiveness analysis, and (%) the total impact on the environment,
considering not only water quality but also air quality, land use, and
effective utilization and conservation of fresh water and other nat-
ural resources. Such studies shall consider methods of minimizing
adverse effects and maximising beneficial effects of thermal discharges.
The results of these studies shall be reported by the.. Administrator
as soon as practicable, but not later than 270 days after enactment
of this subsection, and shall be made available to the public and the
States, and considered as they become available by the Administrator
in carrying out section 316 of this Act and by the States in proposing
thermal water quality standards.
"(«.) There is authorized to be appropriated (1) $100,000,000 per
fiscal year for the fiscal year ending June 30,1973, and the fiscal year
ending June 30, 1974, for carrying out the provisions of this section
exceed $7,500,000 for fiscal year 1973 for carrying out the provisions of
other than subsections (g) (1) and (2), (p), (r), and (t); (2) not to
subsection (g) (1); (3) not to exceed $2,500,000 for fiscal year 1973 for
carrying out the provisions of subsection (g) (2); (4) not to exceed
$10,000,000 for each of the fiscal years ending June 30, 1973, and
June 30,1974, for carrying out the provisions of subsection (p); (5)
not to exceed $15,000,000 per fiscal year for the fiscal years ending
June 30, 1973, and June 30, 1974, for carrying out the provisions of
subsection (r); and (6) not to exceed $10,000,000 per fiscal year for
the fiscal years ending June 30, 1973, and June 30, 1974, for carry-
ing out the provisions of subsection (t).
"GRANTS FOR RESEARCH AND DEVELOPMENT
"Sf?c. 105. (a) The Administrator is authorized to conduct in the
Environmental Protection Agency, and to make grants to any State,
municipality, or intermunicipal or interstate agency for the purpose
of assisting in the development of—
[p. 11]
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WATER—STATUTES AND LEGISLATIVE HISTORY 639
"(-?) any project which will demonstrate a new or improved
method of preventing, reducing, and eliminating the discharge
into any waters of pollutants from sewers which carry storm
water or both storm water and pollutants- or
" (2) any project which will demonstrate advanced waste treat-
ment and water purification methods (including the temporary
use of new or improved chemical additives which provide sub-
stantial immediate improvement to existing treatment processes),
or new or improved methods of joint treatment systems for
municipal and industrial wastes;
and to include in such grants such amounts as are necessary for the
purpose of reports, plans, and specifications in connection therewith.
"(b) The Administrator is authorised to make grants to any State
or States or interstate agency to demonstrate, in river basins or por-
tions thereof, advanced treatment and environmental enhancement
techniques to control pollution from all sources, within such basins
or portions thereof, including nonpoint sources, together with in-
stream water quality improvement techniques.
"(c) In order to carry out the purposes of section 301 of this Act,
the Administrator is authorized to (1) conduct in the Environmental
Protection Agency, (2) make grants to persons, and (3) enter into
contracts with persons, for research and demonstration projects for
prevention of pollution of any waters by industry including, but not
limited to, the prevention, reduction* and elimination of the discharge
of pollutants. No grant shall be made for any project under this sub-
section unless the Administrator determines that such project will
develop or demonstrate a new 01* improved method of treating in-
dustrial wastes or otherwise prevent pollution by industry, which
method shall have industrywide application.
" (d) In carrying out the provisions of this section, the Administrator
shall conduct, on a priority basis, an accelerated effort to develop,
refine, and achieve practical, application of:
"(-?) waste management methods applicable to point and non-
point sources of pollutants to eliminate the discharge of pollut-
ants, including, but not limited to, elimination of runoff of pol-
lutants and the effects of pollutants from inplace or accumulated
sources;
"(£) advanced waste treatment methods applicable to point
and nonpoint sources, including inplace or accumulated sources of
pollutants, and methods for reclaiming and recycling water and
confining pollutants so they will not migrate to cause water or
other environmental pollution; and
"(
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640 LEGAL COMPILATION — SUPPLEMENT I
section 304 a# witt encourage ami enable the adoption of such methods
in the agricultural industry.
"(#) The Administrator is authorised, (A) in consultation with
other interested Federal agencies, to make grants for demonstration
projects with respect to new and improved methods of preventing, re-
ducing, storing, collecting, treating, or otherwise eliminating pollu-
tion from sewage in rural and other areas where collection of sewage
in conventional, community-wide sewage collection systems is imprac-
tical, uneconomical, or otherwise infeasible, or where soil conditions or
other factors preclude the use of septic tank and drainage field sys-
tems, and (B) in cooperation with other interested Federal and State
agencies, to disseminate such information obtained under this subsec-
tion as will encourage and enable the adoption of new and improved
methods developed pursuant to this subsection.
"(/) Federal grants under subsection (a) of this section shall be
subject to the following limitations :
" (1 ) No grant shall be made for any project unless such project
shall have been approved by the appropriate State water pollu-
tion control agency or agencies and by the Administrator,-
"(2) No grant shall be made for any project in an amount ex-
ceeding 75 per centum of cost thereof as determined by the Ad-
ministrator,1 and
" (3) No grant shall be made for any project unless the Admin-
istrator determines that such project will serve as a useful demon-
stration for the purpose set forth in clause (7) or (2) of subsec-
tion (a).
"(g) Federal grants under subsections (c) and (d) of this section
shall not exceed 75 per centum of the cost of the project.
"(A.) For the purpose of this section there is authorized to be ap-
propriated $75,000,000 per -fiscal year for the fiscal year ending
June 30, 1973. and the fiscal year ending June 30, 195 '4, and from such
appropriations at least 10 per centum of the funds actually appropri-
ated in each fiscal year shall be available only for the purposes of
subsection (e).
"GRANTS FOR POLLUTION CONTROL PROGRAMS
"SEC. JOS. (a) There are hereby authorized to be appropriated the
following sums, to remain available until expended, to carry out the
purposes of this section —
"(.?) $60,000,000 for the fiscal year ending June 30, 1973; and
"(£) $75,000,000 for the fiscal year ending June 30, 1974;
for grants to States and to interstate agencies to assist them in admin-
istering programs for the prevention, reduction, and elimination of
pollution, including enforcement directly or through appropriate
State law enforcement officers or agencies.
"(6) From, the sums appropriated in any fiscal year, the Adminis-
trator shall make allotments to the several States and interstate agen-
cies in accordance with regulations promulgated by him on the basis
of the extent of the pollution problem in the respective States.
"(c) The Administrator is authorized to pay to each State and in-
terstate agency each fiscal year either —
"(7) the allotment of such State or agency for such fiscal year
under subsection (b),or
[p. 13]
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WATER—STATUTES AND LEGISLATIVE HISTORY 641
"(9) the reasonable costs as determined ~by the Administrator
of developing and carrying out a pollution, program ~by such State
or agency during such fiscal year,
whichever amount is the lesser.
il(d) No grant shall be made under this section to any State or in-
terstate agency for any -fiscal year when the expenditure of non-
Federal funds by such /State or interstate agency during such fiscal
year for the recurrent expenses of carrying out its pollution control
program are less than the expenditure l>y such State or interstate
agency of non-Federal funds for such recurrent program expenses
during the -fiscal year ending June 30,1971.
" (e) Beginning in -fiscal year 19?'4 the Administrator shall not make
any grant under this section to any State which has not provided or
is not carrying out as a part of its program—•
"(1) the establishment ana operation of appropriate devices, meth-
ods, systems, and procedures necessary to monitor, and to compile and
analyze data on (including classification according to eutrophic con-
dition), the quality of navigable waters and to the extent practicable,
ground waters inchiding biological monitoring; and provision for
annually updating such data and including it in the report required
under section 305 of this Act;
" (#) authority comparable to that in section 504 of this Act and ade-
quate contingency plans to implement such authority.
" (/) Grants shall be made under this section on condition that—
"(1) Such State (or interstate agency) files with the Administra-
tor within one hundred and twenty days after the date of enactment
of this section:
" (A) a summary report of the current status of the State pol-
lution control program, including the criteria, used by the State
in determining priority of treatment works; and
"(B) such additional information, data, and reports as the
Administrator may require.
"(#) No federally assumed enforcement as defined in section 309
(a) (2) is in effect with respect to such State or interstate agency.
"(
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642 LEGAL COMPILATION—SUPPLEMENT I
siltation from surface mining. Such projects shall demonstrate 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 elimina-
tion or control, and other pollution affecting water quality, including
techniques that demonstrate the engineering and economic feasibility
and practicality of using sewage sludge materials and other municipal
wastes to diminish or prevent pollution affecting water quality from
acid, sedimentation, or other pollutants and in such projects to restore
affected lands to usefulness for forestry, agriculture, recreation, or
otlier beneficial purposes.
"(&) Prior to undertaking any demonstration project under this
section in the Appalachian region (as defined in section 403 of the
Appalachian Regional Development Act of 1965, as amended), the
Appalachian Regional Commission shall determine that such demon-
stration project is consistent with the objectives of the Appalachian
Regional Development Act of 1965, as amended.
"(c) The Administrator, in selecting ivatersheds for the purposes
of this section, shall be satisfied that the project area will not be affected
adversely by the influx of acid or other mine water pollution from
nearby sources.
- "(d) Federal participation in such projects shall be subject to the
conditions—
"(./) that the State shall acquire any land or interests therein
necessary for such project; and
" (2) that the State shall provide legal and practical protection
to the project area to insure against any activities which will cause
future acid or other mine water pollution.
"(
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WATER—STATUTES AND LEGISLATIVE HISTORY 643
"(c) There is authorised to be appropriated $20,000,000 to carry
out the provisions of subsections (a) and (b) of this section, which sum
shall be available until expended.
u(d)(l) In recognition of the serious conditions which exist in
Lake Erie, the Secretary of the Army, acting through the Chief of
Engineers, is directed to design and develop a demonstration waste
water management program for the rehabilitation and environmental
repair of Lake Erie. Prior to the initiation of detailed engineering and
design, the program, along with the specific recommendations of the
Chief of Engineers, and recommendations for its financing, shall be
submitted to the Congress for statutory approval. This authority is
in addition to, and not in lieu of, other waste water studies aimed at
eliminating pollution emanating from select sources around Lake Erie.
" (2) This program is to be developed in cooperation with the Envi-
ronmental Protection Agency, other interested departments, agencies,
and instrumentalities of the Federal Government, and the States and
their political subdivisions. This program shall set forth alternative
systems for managing waste, water on a. regional basis and shall pro-
vide local and State governments with a range of choice as to the type
of system to be used for the treatment of waste water. These alterna-
tive systems shall include both advanced waste treatment technology
and land disposal systems including aerated treatment-spray irrigation
technology and will also include provisions for the disposal of solid,
wastes, including sludge. Such program should include measures to
control point sources of pollution, area sources of pollution, including
acid-mine drainage, urban runoff and rural runoff, and in-place sources
of pollution, including bottom loads, sludge banks, and polluted harbor
dredgings.
"(e) There is authorized.to be appropriated $5,000,000 to carry out
the provisions of subsection (d) of this section, which sum, shall be
available until expended.
"TRAINING GRANTS AND CONTRACTS
"Sec: 109. (a) The Administrator is authorized to 'make grants to
or contracts tvith institutions of higher education, or combinations
of such institutions, to assist them in planning, developing, strength-
ening, improving, or carrying out programs or projects for the prepa-
ration of undergraduate 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 con-
tracts may include payment of all or part of the cost of programs or
projects such as—
"(J.) planning for the development or expansion of programs
or projects for training persons in the operation and maintenance
of treatment works;
"(5) training and retraining of faculty members;
"(<7) conduct of short-term or regular session institutes for
study by persons engaged in, or preparing to engage in, the
preparation of students preparing to enter an occupation involv-
ing the operation and maintenance of treatment works;
"(D) carrying out innovative and experimental programs of
cooperative education involving altei^nate periods of full-time or
[p. 16]
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644 LEGAL COMPILATION—SUPPLEMENT I
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 ma-
terials and the planning of curriculum.
"(&) (1) The Administrator may pay 100 per centum, of any addi-
tional cost of construction of a treatment works required for a facility
to train and upgrade waste treatment works operation and mainte-
nance personnel.
"(2) The Administrator shall make no more than one grant for
such additional construction in any State (to serve a group of States,
where, in his judgment, efficient training programs require multi-
State programs), and shall make such grant after consultation with
and approval by the /State or States on the basis of (A) the suitability
of such facility for training operation and maintenance personnel for
treatment works throughout such State or States; and (B) a commit-
ment by the State agency or agencies to carry out at such facility a
program of training approved by the Administrator.
"(3) The Administrator may make such grant out of the sums
allocated to a State under section 205 of this Act, except that in no
event shall the Federal cost of any such training facilities exceed
$250,000.
"APPLICATION FOR TRAINING GRANT OR CONTRACT; ALLOCATION OF
GRANTS OR CONTRACTS
"SEC. 110. (1) A grant or contract authorised by section 109 may be
made only upon application to the Administrator at such time or
times and containing such information as he may prescribe, except
that no such application shall be approved unless it—
"(A) sets forth programs, activities, research, or development
for which a grant is authorized under section 109 and describes
the relation to any program set forth by the applicant in an
application, if any, submitted pursuant to section 111;
"(B) provides such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of and
accounting for Federal funds paid to the applicant under this
section; and
"(C) provides for making such reports, in such form and con-
taining such information, as the Administrator may require to
carry out his functions under this section, and for keeping such
records and for affording such access thereto as the Administrator
may find necessary to assure the correctness and verification of
such reports.
"($) The Administrator shall allocate grants or contracts under
section 109 in such manner as will most nearly provide an equitable
distribution of the grants or contracts throughout the United States
among institutions 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 Administrator, and subject to the terms and condi-
tions set forth in an application approved under paragraph (l),to pay
part of the compensation of students employed in connection with the
[p. 17]
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WATER—STATUTES AND LEGISLATIVE HISTORY 645
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 teen ap-
proved pursuant to this section.
"(B) Departments and agencies of the United States are encour-
aged, to the extent consistent with efficient administration, to enter
into arrangements with institutions of higher education for the full-
time, part-time, or temporary employment, whether in the competi-
tive or excepted service, of students enrolled in programs set forth in
applications approved under paragraph (1).
"AWARD OF SCHOLARSHIPS
"See. 111. (1) The Administrator is authorized to award scholar-
ships in accordance with the provisions of this section for undergradu-
ate 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 Administrator may determine but
not to exceed four academic years.
"($?) The Administrator shall allocate scholarships under this sec-
tion 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 treat-
ment works.
"() that tlie application contains satisfactory assurances that
(i) the institution will recommend to the Administrator for the
award of scholarships under this section, for study in such pro-
gram, only persons who have demonstrated to the satisfaction of
the institution a serious intent, upon completing the program, to
enter an occupation involving the operation and maintenance of
treatment ivories, and (ii) the institution will make reasonable
continuing efforts to encourage recipients of scholarships under
• this section, enrolled in such program, to enter occupations in-
volving the operation and maintenance of treatment works upon
completing the program.
[p. 18]
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646 LEGAL COMPILATION — SUPPLEMENT I
"(4) (A) Tlie Administrator shall pay to persons awarded scholar-
ships under this section such stipends (including such allowances for
subsistence and other expenses for such persons and their dependents)
as he may determine to be consistent with prevailing practices under
comparable federally supported programs.
"(B) The Administrator shall (in addition to the stipends paid to
persons under paragraph (1) ) pay to the institution of higher educa-
tion at which such person is pursuing his course of study such amount
as he may determine to be consistent with prevailing practices under
comparable 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 Administrator finds that he is main-
taining satisfactory proficiency and devoting full time to study or re-
search in the field in which such scholarship was awarded in an in-
stitution of higher education, and is not engaging in gainful employ-
ment other than employment approved by the Administrator by or
pursuant to regulation.
"(6) The Administrator shall by regulation provide that any per-
son 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 Administrator determines appropriate.
"DEFINITIONS AND AUTHORIZATIONS
"Sec. 112. (a) As used in sections 109 through 112 of this Act—
"(-7) The term ''institution of higher education' means an education-
al 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 rec-
ognized accrediting agency or association approved by the Adminis-
trator for this purpose. For purposes of this subsection, the Adminis-
trator shall publish a list of nationally recognized accrediting agencies
or associations which he determines to be reliable authority as to the
quality of training offered.
"(#) The term '•academic year1 means an academic year or its equiv-
alent, as determined by the Administrator.
"(b) The Administrator shall annually report his activities under
sections 109 through 112 of this Act, including recommendations for
needed revisions in the provisions thereof.
" (c) There are authorized to be appropriated $25,000,000 per fiscal
yeatr for the fiscal years ending June 30, 1973, and June 30, 1974, to
carry out sections 109 through 112 of this Act.
"ALASKA VILLAGE DEMONSTRATION PROJECTS
"Sec. 113. (a) The Administrator is authorised to enter into agree-
ments -with the State of Alaska to carry out one or more projects to
demonstrate methods to provide for central community facilities for
safe water and elimination or control of 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
facilities, and, educational and informational facilities and programs
[p. 19]
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WATER—STATUTES AND LEGISLATIVE HISTORY 647
relating to health and hygiene. Such demonstration projects shall be
for the further purpose of developing preliminary plans for provid-
ing such safe water and such elimination or control of pollution for
all native villages in such State.
"(b) In carrying out this section the Administrator 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.
"(
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648 LEGAL COMPILATION—SUPPLEMENT I
recycling of water, and confined disposal of pollutants so they will not
migrate to cause water or other environmental pollution and shall pro-
vide for consideration of advanced waste treatment techniques.
" (c) To the extent practicable, waste treatment management shall be
on an areawide basis and provide control or treatment of all point and
nonpoint sources of pollution, including in place or accumulated pol-
lution sources.
"(d) The Administrator shall encourage waste treatment manage-
ment which results in the construction of revenue producing facilities
providing for—
"(.?) the recycling of potential sewage polluants through the
production of agriculture, silviculture, or aquaculture products, or
any combination thereof;
"(#) the confined and contained disposal of pollutants not
recycled;
" (3) the reclamation of wastewater; and
" (4) the ultimate disposal of sludge in a manner that will not
result in environmental hazards.
"(e) The Administrator shall encourage wuste treatment manage-
ment which results in integrating facilities for sewage treatment and
recycling with facilities to treat, dispose of, or utilise other industrial
and municipal wastes, including but not limited to solid waste and
waste heat and thermal discharges. Such integrated facilities shall be
designed and operated to produce revenues in excess of capital and
operation and maintenance costs and such revenues shall be used by
the designated regional management agency to aid in financing other
environmental improvement programs.
"(/) The Administrator shall encourage waste treatment manage-
ment which combines ''open space'' and recreational considerations with
such management.
"(g) (1) The Administrator is authorised to make grants to any
State, municipality, or intermunicipal or interstate agency for the
construction of publicly oioned treatment works.
" (#) The Administrator shall not make grants from funds author-
ized for any fiscal year beginning after June 30, 1974, to any State,
municipality, or intermunicipal or interstate agency for the erection,
building, acquisition, alteration, remodeling, improvement, or exten-
sion of treatment works unless the grant applicant has satisfactorily
demonstrated to the Administrator that—
"(A) alternative waste management techniques have been stud-
ied and evaluated and the works proposed for grant assistance will
provide for the application of the best practicable waste treatment
technology over the life of the works consistent with the purposes
of this title ; and
"(5) as appropriate, the ivorks proposed for grant assistance
will take into account and allow to the extent practicable the ap-
plication of technology at a, later date which will provide for the
reclaiming or recycling of water or otherwise eliminate the dis-
charge of pollutants.
"(
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WATER—STATUTES AND LEGISLATIVE HISTORY 649
"(4) The Administrator is authorized to make grants to applicants
for treatment works grants under this section for such sewer system
evaluation studies as may be necessary to carry out the requirements
of paragraph (3) of this subsection. Such grants shall be made in ac-
cordance with rules and regulations promulgated by the Administra-
tor. Initial rules and regulations shall be promulgated under this
paragraph not later than 120 days after the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972.
"FEDERAL SHARE
"Sec. W%. (a) The amount of any grant for treatment works made
under this Act from funds authorised for any fiscal year beginning
after June 30,1971, shall be 75 per centum of the cost of construction
thereof (as approved by the Administrator). Any grant (other than
for reimbursement) made prior to the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972 from any funds
authorized for any fiscal year beginning after June 30, 1971, shall,
upon the request of the applicant, be increased to the applicable per-
centage under this section.
"(b) The amount of the grant for any project approved by the
Administrator after January 1,1971, and before July 1,1971, for the
construction of treatment works, the actual erection, building or ac-
quisition of which was not commenced prior to July 1,1971, shall, upon
the request of the applicant, be increased to the applicable percentage
under subsection (a) of this section for grants for treatment works
from funds for fiscal years beginning after June 30,1971, with respect
to the cost of such actual erection, building, or acquisition. Such in-
creased amount shall be paid from any funds allocated to the State in
which the treatment works is located without regard to the fiscal year
for which such funds were authorized. Such increased amount shall be
paid for such project only if—
u(l) a sewage collection system that is a part of the same total
waste treatment system as the treatment works for which such
grant was approved is under construction or is to be constructed
for use in conjunction with such treatment works, and if the cost
of such sewage collection system exceeds the cost of such treatment
works, and
" (#) the State water pollution control agency or other appro-
priate State authority certifies that the quantity of available
ground water will be insufficient, inadequate, or unsuitable for
public use, including the ecological preservation and recreational
use of surface water bodies, unless effluents from publicly-owned
treatment works after adequate treatment are returned to the
ground water consistent with acceptable, technological standards.
"PLANS, SPECIFICATIONS, ESTIMATES, AND PAYMENTS
"Sec. 203. (a) Each applicant for a grant shall submit to the Ad-
ministrator for his approval, plans, specifications, and estimates for
each proposed project for the construction of treatment works for
which a grant is applied for under section 201 (g) (1) from funds al-
lotted to the State under section 205 and which otherwise meets the
requirements of this Act. The Administrator shall act upon such plans,
[p. 22]
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650 LEGAL COMPILATION—SUPPLEMENT I
specifications, and estimates as soon as practicable after the same have
been submitted, and his approval of any such plans, specifications, and
estimates shall be deemed a contractual obligation of the United States
for the payment of its proportional contribution to such project.
"(6) The Administrator shall, from time to time as the work pro-
gresses, make payments to the recipient of a grant for costs of con-
stmction incurred on a project. These payments shall at no time exceed
the Federal share of the cost of construction incurred to the date of the
voucher covering such payment plus the Federal share of the value of
the materials which have been stockpiled in the vicinity of such con-
struction in conformity to plans and specifications for the project.
" (c) After completion of a project and approval of the final voucher
by the Administrator, he shall pay out of the appropriate sums the un-
paid balance of the Federal share payable on account of such project.
"LIMITATIONS AND CONDITIONS
"/SEC. %04- (a) Before approving grants for any project for any
treatment works under section 201(g)(l) the Administrator shall
determine—
"(.Z) that such works are included in any applicable areawide
waste treatment management plan developed under section 208 of
this Act;
"(#) that such works are in conformity with any applicable
State plan under section 303(e) of this Act;
"() (1) Notwithstanding any other provision of this title, the
Administrator shall not' approve any grant for any treatment works
[p. 23]
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WATER—STATUTES AND LEGISLATIVE HISTORY 651
under section 201 (g) (1) after March 1,1973, unless he shall -first have
determined that the applicant (A) has adopted or will adopt a sys-
tem of charges to assure that each recipient of waste treatment serv-
ices within the applicants jurisdiction, as determined by the Admin-
istrator, will pay its proportionate share of the costs of operation
and maintenance (including replacement) of any waste treatment
services provided l>y the applicant; (B) has made provision for the
payment to such applicant by the industrial users of the treatment
works, of that portion of the cost of construction of such treatment
works (as determined by the Administrator) which is allocable to
the treatment of such industrial wastes to the extent attributable
to the Federal share of the cost of construction; and (G) has legal,
institutional, managerial, and financial capability to insure adequate
construction, operation, and maintenance of treatment works through-
out the applicant''s jurisdiction, as determined by the Administrator.
" (#) The Administrator shall, within one hundred and eighty days
after the date of enactment of the Federal Water Pollution Control
Act Amendments of 1972, and after consultation with appropriate
State, interstate, municipal, and intermunicipal agencies, issue guide-
lines applicable to payment of waste treatment costs by industrial
and nonindustrial recipients of waste treatment services which shall
establish (A) classes of users of such services, including categories of
industrial users; (B) criteria against which to determine the adequacy
of charges imposed on classes and categories of users reflecting all
factors that influence the cost of waste treatment, including strength,
volume, and delivery flow rate characteristics of waste; and (C) model
systems and rates of user charges typical of various treatment works
serving municipal-industrial communities.
"(
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652 LEGAL COMPILATION—SUPPLEMENT I
except that the allotment for fiscal year 1973 shall be made not later
than 30 days after the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972. Such sums shall be allotted
among the States by the Administrator in accordance with regulations
promulgated by him, in the ratio that the estimated cost of construct-
ing all needed publicly owned treatment works in each State bears to
the estimated cost of construction of all needed publicly oioned treat-
ment works in all of the States. For the fiscal years ending June 30,
1973, and June 30, 1974, such ratio shall be determined on the basis
of tabl-e III of House Public Works Committee Print No. 92-50.Allot-
ments for fiscal years which begin after the fiscal year ending June 30,
1974, shall be made only in accordance with a revised cost estimate
made and submitted to Congress in accordance with section 516(b) of
this Act and only after such revised cost estimate shall have been ap-
proved by law specifically enacted hereafter.
"(b)(l) Any sums allotted to a State under subsection (a) shall
be available for obligation under section' 203 on and after the date
of such allotment. Such sums shall continue available for obligation
in such State for a period of one year after the close of the fiscal year
for which such sums are authorized. Any amounts so allotted which
are not obligated by the end of such one-year period shall be imme-
diately reallotted by the Administrator, in accordance with regulations
promulgated by him, generally on the basis of the ratio used in
making the last allotment of sums under this section. Such reallotted
sums shall be added to the last allotments made to the States. Any
sum made available to a State by reallotment under this subsection
shall be in, addition to any funds otherwise allotted to such State for
grants under this title during any fiscal year.
"(#) Any sums ivhich have been obligated under sect-ion 203 and
which are released by the payment of the final voucher for the project
shall be immediately credited to the State to which such sums were
last allotted. Such released sums shall be added to the amounts last
allotted to such State and shall be immediately available for obligation
in the same manner and to the same extent as such last allotment.
"REIMBURSEMENT AND ADVANCED CONSTRUCTION
'•'•Sec. 206. (a) Any publicly owned treatment works in a State on
which construction tuas initiated after June 30,1966, but before July
1, 1972, which was approved by the appropriate State water pollu-
tion control agency and which the Administrator finds meets the re-
quirements of section 8 of this Act in effect at the time of the initiation
of construction shall be reimbursed a total amount equal to the dif-
ference between the am-ount of Federal financial assistance, if any,
received under such section 8 for such project and 50 per centum of
the cost of such project, or 5.5 per centum- of the project cost where the
Administrator also determines that such treatment works ioas con-
structed in conformity with a comprehensive metropolitan treatment
plan as described in section 8(f) of the Federal Water Pollution Con-
trol Act as in effect immediately prior to the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972. Nothing
in this subsection shall result in any such works receiving Federal
grants from all sources hi excess of 80 per centum of the cost of such
in-oject.
[p. 25]
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WATER—STATUTES AND LEGISLATIVE HISTORY 653
"(6) Any publicly owned treatment works constructed with or
eligible for Federal -financial assistance under this Act in a State be-
tween June 30, 1956, and June 30, 1966, which was approved by the
State water pollution control agency and which the Administrator
finds meets the requirements of section 8 of this Act-prior to the date
of enactment of the Federal Water Pollution, Control Act Amendments
of 1972 but which was constructed without assistance under such sec-
tion 8 or which received such assistance in an amount less than 30 per
centum of the cost of such project shall qualify for payments and re-
imbursement of State or local funds used for such project from, sums
allocated to such State under this section in an amount which shall
not exceed the difference between the amount of such assistance, if
any, received for such project and 30 per centum, of the cost of such
project.
"(
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654 LEGAL COMPILATION—SUPPLEMENT I
ner a-s other treatment works projects. The Administrator may not ap-
prove an application under this subsection unless an authorisation is
in effect for the future fiscal year for which the application requests
payment, which authorisation will insure such payment without ex-
ceeding the State's expected allotment from such authorization.
"(#) In determining the allotment for any fiscal year under this
title, any treatment works project constructed in accordance with this
section and without the aid of Federal funds shall not be considered
completed until an application under the provisions of this subsection
with respect to such project has been approved by the Administrator,
or the availability of funds from which this project is eligible for
reimbursement has expired, whichever first occurs.
"AUTHORIZATION
uSsc. 207. There is authorised to be appropriated to carry out this
title, other than sections %08 and 809, for the fiscal year ending June 30,
1973, not to exceed $5000,000,000, for the fiscal year ending June 30,
1974, not to exceed $6,000,000^)00, and for the, fiscal year ending
June 30, 1975, not to exceed $7,000000,000.
"AREAWIDE WASTE TREATMENT MANAOEMENT
"Sec. %08. (a) For the purpose of encouraging and facilitating the
the development and, implementation of areawide waste treatment
management plans—
"(/) The Administrator, within ninety days after the date of
enactment of this Act and after consultation with appropriate
Federal, State, and local authorities, shall by regulation publish
guidelines for the identification of those areas which, as a result
of urban-industrial concentrations or other factors, have sub-
stantial water quality control problems.
"(2) The Governor of each State,' within sixty days after
publication of the guidelines issued pursuant to paragraph (1)
of this subsection, shall identify each area within the State which,
as a result of urban-industrial concentrations or other factors, has
substantial water quality control problems. Not later than one
hundred and twenty days following such identification and after
consultation with appropriate elected and other officials of local
governments having jurisdiction in such areas, the Governor shall
designate (A) the boundaries of each such area, and (B) a single
representative organization, including elected officials from local
governments or their designees, capable of developing effective
areawide waste treatment management plans for such area. The
Governor may in the same manner at any later time identify any
additional area (or modify an existing area) for which he deter-
mines areawide waste treatment management to be appropriate,
designate the boundaries of such area, and designate an organisa-
tion capable of developing effective areawide waste treatment
management plans for such area.
"(3) With respect to any area which, pursuant to the guide-
lines published under paragraph (1) of this subsection, is located
in two or more States, the Governors of the respective States shall
consult and cooperate in carrying out the provisions of para-
'[p. 27]
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WATER—STATUTES AND LEGISLATIVE HISTORY 655
graph (#), with a view toward designating the boundaries of the
interstate area having common water quality control problems
and for which areawide waste treatment management plans would
be most effective, and toward designating, within one hundred
and eighty days after publication of guidelines issued pursuant
to paragraph (1) of this subsection, of a single representative
organisation capable of developing effective areawide waste treat-
ment management plans for such area.
" (4) If a Governor does not act, either by designating or deter-
mining not to make a, designation under paragraph (2) of this
subsection, within the time required by such paragraph, or if, in
the case of an interstate area, the Governors of the States involved
do not designate a planning organization within the time required
by paragraph (3} of this subsection, the chief elected officials of
local governments within an area may by agreement designate
(A) the boundaries for such an area, and (B) a single representa-
tive organization including elected officials from, such local gov-
ernments, or their designees, capable of developing an areawide
lea-ste treatment management plan for such area.
" («5) Existing regional agencies may be designated under para-
graphs (2}, (3), and (4) of this subsection.
" (6) The State shall act as a planning agency for all portions
of such State which are not designated under paragraphs (2),
(3), or (4) of this subsection.
"(7) Designations under this subsection shall be subject to the
approval of the Administrator.
"(&) (.?) Not later than one year after the date of designation of any
organization under subsection (a) of this section such organization
shall have in operation a continuing areawide waste treatment man-
agement planning process consistent with section Wl of this Act. Plans
prepared in accordance with this process shall contain alternatives for
waste treatment management, and be applicable to all wastes gen-
erated within the area involved. The initial plan prepared in accord-
ance with such process shall be certified by the Governor and submitted
to the Administrator not later than two years after the planning proc-
ess is in operation.
" (2) Any plan prepared under such process shall include, but not be
limited to—
"(A) the identification of treatment works necessary to meet
the anticipated municipal and industrial waste treatment needs of
the area over a twenty-year period, annually updated (including
an analysis of alternative waste treatment systems'), including
any requirements for the acquisition of land for treatment pur-
poses; the necessary waste water collection and urban storm water
runoff systems; and a program to provide the necessary financial
arrangements for the development of such treatment works;
" (B) the establishment of construction priorities for such treat-
ment works and time schedules for the initiation and completion
of all treatment works;
" (C] the establishment of a regulatory program, to—
u(i) implement the waste treatment management require-
ments of section 201 (c),
[p. 28]
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656 LEGAL COMPILATION—SUPPLEMENT I
u(ii) regulate the location, modification, and construction
of any facilities within such area which- may result in any
discharge in such area, and
"(Hi) assure that any industrial or commercial wastes dis-
charged into any treatmen t works in such area meet applicable
pretreatment requirements ;
"(D) the identification of those agencies necessary to construct,
operate, and maintain all facilities required by the plan and
otherwise to carry out the plan;
"(E) the identification of the measures necessary to carry out
the plan (including financing}, the period of time necessary to
carry out the plan, the costs of carrying out the plan within such
time, and the economic, social, and environmental impact of
carrying out the plan within such time;
U(F) a process to (i) identify, if appropriate, agriculturally
and silviculturally related nonpoint sources of pollution, includ-
ing runoff from manure disposal areas, and from land used for
livestock and crop production, and (ii) set forth procedures and
methods (including land use requirements} to control to the ex-
tent feasible such sources;
"(G) a process to (i) identify, if appropriate, mine-related
sources of pollution including new, current, and abandoned sur-
face and underground mine runoff, and (ii) set forth procedures
and methods (including land use requirements) to control to the
extent feasible such sources;
"(3) a process to (i) identify construction activity related
sources of pollution, and (ii) set forth procedures and methods
(including land use requirements) to control to the extent feasible
such sources;
"(/) a process to (i) identify, if appropriate, salt water intru-
sion into rivers, l-akes, and- estuaries resulting from reduction of
fresh water fiow from any cause, including irrigation, obstruction,
ground water extraction, and diversion, and (ii) set forth pro-
cedures and methods to control such intrusion to the extent feasi-
ble where such procedures and methods are otherwise a part of
the ^oaste treatment management plan;
" (/) a process to control the disposition of all residual waste
generated in such area which could affect water quality; and
" (K) a pi^ocess to control the disposal of pollutants on land or
in subsurface excavations within such area to protect ground and
surface ivater quality.
" (3) Areawide waste treatment management plans shall be certified
annually by the Governor or his designee (or Governors or their des-
ignees, wh&re more than one State is involved) as being consistent
with applicable basin plans and such areawide waste treatment man-
agement plans shall be submitted to the Administrator for his
approval.
"(4) Whenever the Governor of any State determines (and notifies
the Administrator) that consistency with a statewide regulatory -pro-
gram under section 30J so requires, the requirements of clauses (F)
through (K) of paragraph (I) of this subsection shall be developed
and submitted by the Governor to the Administrator for application
to all regions within such State.
[p. 29]
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WATER—STATUTES AND LEGISLATIVE HISTORY 657
"(c) (-/) The Governor of each State, in consultation with the plan-
ning agency designated under subsection (a) of this section, at the
time a plan is submitted to the Administrator, shall designate one or
more waste treatment management agencies (which may be an exist-
ing or netoly created local, regional, or State agency or political* sub-
division) for each area designated under subsection (a) of this section
and submit such designations to the Administrator.
" (2) The Administrator shall accept any such designation, unless,
within 120 days of such designation, he finds that the designated man-
agement agency (or agencies] does not have adequate authority—
"(A) to carry out appropriate portions of an areawide waste
treatment management plan developed under subsection (b) of
this section;
"(5) to manage effectively waste treatment works and related
facilities serving such area in conformance with any plan re-
quired by subsection (b) of this section;
, "(<7) directly or by contract, to design and construct new
works, and to operate and maintain new and existing works as
required by any plan developed pursuant to subsection (b) of
this section;
"(Z>) to accept and utilize grants, or other funds from any
source, for waste treatment management purposes;
" (E) to raise revenues, including the assessment of waste treat-
ment charges;
"(F) to incur short- and long-term indebtedness,'
"(G) to assure in implementation of an areawide waste treat-
ment management plan that each participating community pays
its proportionate share of treatment costs;
(H) to refuse to receive any wastes from any municipality or
subdivision thereof, which does not comply with any provisions
of an approved plan under this section applicable to such area;
and
" (/) to accept for treatment industrial wastes.
" (d) After a ^vaste treatment management agency having the au-
thority required by subsection (c) has been designated under such
subsection for an area and a plan for such area has been approved
under subsection (b) of this section, the Administrator shall not make
any grant for construction of a publicly atoned treatment works under
section 201 (g) (1) within such area except to such designated agency
and for ivorks in conformity with such plan.
" (e) No permit under section lfl% of this Act shall lie issued for any
point source -which is in conflict with a plan approved pursuant to sub-
section (b) of this section.
"(/) (1) The Administrator shall make grants to any agency desig-
nated under subsection (a) of this section for payment of the reason-
able costs of developing and operating a continuing areawide waste
treatment management planning process under subsection (b) of this
section.
"(#) The amount granted to any agency under paragraph (1)
of this subsection shall lie 100 per centum of the costs of developing
and operating a continuing areawide waste treat?nent management
planning process under subsection (b) of this sect-ion for each of the
[p. 30]
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658 LEGAL COMPILATION—SUPPLEMENT I
•fiscal years ending on June 30,1973, June 30,197'4, and June 30^ 1975,
and shall not exceed 75 per centum of such costs in each succeeding
fiscal year.
"(3) Each applicant for a grant under this subsection shall submit
to the Administrator for his approval each proposal for which a
grant is applied for under this subsection,. The Administrator shall
act upon such proposal as soon as practicable after it has been sub-
mitted, and his approval of that proposal shall be deemed a contrac-
tual obligation of the United States for the payment of its contribu-
tion to such proposal. There is authorized to be appropriated to
carry out this subsection not to exceed $50,000,000 for the -fiscal year
ending June 30,1973, not to exceed $100flOO,000 for the fiscal year end-
ing June 30, 1974, and not to exceed $150,000 f>00 for the -fiscal year
ending June 30,1975.
" (g) The Administrator is authorized, upon request of the Governor
or the designated planning agency, and without reimbursement, to con-
sult with, and provide technical assistance to, any agency designated
under subsection (a) of this section in the development of areawide
waste treatment management plans under subsection (b) of this
section.
"(A) (1) The Secretary of the Army, acting through the Chief of
Engineers, in cooperation with the Administrator is authorized and
directed, upon request of the Governor or the designated planning or-
ganization, to consult with, and provide technical assistance to, any
agency designated under subsection (a) of this section in developing
and operating a continuing areawide waste treatment management
planning process under subsection (b) of this section.
"(£) There is authorised to be appropriated to the Secretary of the
Army, to carry out this subsection, not to exceed $50,000^)00 per fiscal
year for the fiscal years ending June 30, 1973, and June 30,1974-
"BASIN PLANNING
"SEC. 209 (a) The President, acting through the Water Resources
Council, shall, as soon as practicable, prepare a Level B plan under the
Water Resources Planning Act for all basins in the United States. All
such plans shall be completed not later than January 1, 1980, except
that priority in the preparation of such plans shall be given to those
basins and portions thereof which are within those areas designated
under paragraphs (2), (3), and (4) of subsection (a) of section %08
of this Act.
"(b) The President, acting through the Water Resources Council,
shall report annually to Congress on progress being made in carrying
out this section. The first such report shall be submitted not later than
January 31,1973.
"(c) There is authorized to lie appropriated to carry out this section
not to exceed $200,000,000.
"ANNUAL SURVEY
"Sec. 210. The Administrator shall annually make a survey to de-
termine the efficiency of the operation and maintenance of treatment
works constructed with grants made under this Act, as compared to the
[p. 31]
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WATER—STATUTES AND LEGISLATIVE HISTORY 659
efficiency planned at the time the grant was made. The results of such
annual survey shall be included in the report required under section
516(a) of this Act.
"SEWAGE COLLECTION SYSTEMS
"Sec. 211. No grant shall be made for a sewage collection system
under this title unless such grant (1) is for replacement or major re-
habilitation of an existing collection system and is necessary to the total
integrity and performance of the waste treatment works servicing such
community, or (#) is for a new collection system in an existing com-
munity with sufficient existing or planned capacity adequately to treat
such collected sewage and is consistent with section Wl of this Act.
"DEFINITIONS
"Sue. 212. As used in this title—
"(j?) The term 'construction' means any one or more of the follow-
ing: preliminary planning to determine the feasibility of treatment
works, engineering, architectural, legal, -fiscal, or economic investiga-
tions or studies, surveys, designs, plans, working drawings, specifica-
tions, procedures, or other necessary actions, erection, building,
acquisition, alteration, remodeling, improvement, or extension of
treatment works, or the inspection or supervision of any of the fore-
going items.
" (2) (A) The term'treatment works'1 means any devices and systems
used in the storage, treatment, recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature to implement section
201 of this Act, or necessary to recycle or reuse water at the mpst eco-
nomical cost over the estimated life of the works, including intercepting
sewers, outfall sewers, sewage collection systems, pumping, power, and
other equipment, and their appurtenances; extensions, improvements,
remodeling, additions, and alterations thereof; elements essential to
provide a reliable recycled supply such as standby treatment units and
clear well facilities; and any works, including site acquisition of the
land that will be an integral part of the treatment process or is used
for ultimate disposal of residues resulting from such treatment.
U(B) In addition to the definition contained in subparagraph (A)
of this paragraph, ''treatment works'' means any other method or sys-
tem for preventing, abating, reducing, storing, treating, separating,
or disposing of municipal waste, including storm water runoff, or
industrial waste, including waste in combined storm water and sani-
tary sewer systems. Any application, for construction grants which
includes wholly or in part such methods or systems shall, in accordance
with guidelines published by the Administrator pursuant to sub-
paragraph (C) of this paragraph, contain adequate data and analysis
demonstrating such proposal to be. over the, life of such works, the
most cost efficient alternative to comply with sections 301 or 302 of this
Act, or the requirements of section Wl of this Act.
(C) For the purposes of subparagraph (B) of this paragraph, the
Administrator shall, within one hundred and eighty days after the
date of enactment of this title, publish and thereafter revise no less
often than annually, guidelines for the evaluation of methods, in-
[p. 32]
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660 LEGAL COMPILATION — SUPPLEMENT I
eluding cost-effective analysis, described in subparagraph (B) of this
paragraph.
"(
-------
WATER—STATUTES AND LEGISLATIVE HISTORY 661
trator pursuant to section 80J^(b) (2) of this Act, or (ii) in the case
of the introduction of a pollutant into a publicly owned treatment
works which meets the requirements of subparagraph (B) of this
paragraph, shall require compliance with, any applicable pretreat-
ment requirements and any other requirement under section 30?
of this Act; and
"(B) not later than July 1, 1983, compliance by all publicly
owned treatment works with the requirements set forth in sec-
tion 201 (g) (8) (A) of this Act.
"(c) The Administrator may modify the requirements of subsection
(b) (2) (A) of this section ivith respect to any point source for which
a permit application is fled after July 1,1977, upon a showing by the
owner or operator of such point source satisfactory to the Administra-
tor that such modified requirements (1) will represent jhe maximum
use of technology within the economic capability of the owner or op-
erator; and (2) will result in reasonable further progress toward the
elimination of the discharge of pollutants.
u(d) Any effluent limitation required by paragraph (2} of subsec-
tion (b) of this section shall be reviewed at least every five years and,
if appropriate, revised pursuant to the procedure established under
such paragraph.
"(e) Effluent limitations established pursuant to this section or sec-
tion 302 of this Act shall be applied to all point sources of discharge
of pollutants in accordance ^vith the provisions of this Act.
"(/) Notwithstanding any other provisions of this Act it shall be
unlawful to discharge any radiological, chemical, or biological war-
fare agent or high-level radioactive waste into the navigable waters.
"WATER QUALITY RELATED EFFLUENT LIMITATIONS
"SEC. 302. (a) Whenever, in the judgment of the Administrator, dis-
charges of pollutants from a point source or group of point sources,
with the application of effluent limitations required under section 301
(b) (2) of this Act, would interfere with the attainment or mainte-
nance of that water quality in a specific portion of the navigable waters
which shall assure protection of public water supplies, agricultural and
industrial uses, and the protection and propagation of a balanced popu-
lation of shellfish, fish and wildlife, and allow recreational activities in
and on the water, effluent limitations (including alternative effluent
control strategies) for such point source or sources shall be estab-
lished ivhich can reasonably be expected to contribute to the attain-
ment or maintenance of such water quality.
"(b) (/) Prior to establishment of any effluent limitation pursuant
to subsection (a) of this section, the Administrator shall issue notice
of intent to establish such limitation and within ninety days of such
notice hold a public hearing to determine the relationship of the eco-
nomic and social costs of achieving any such limitation or limitations,
including any economic or social dislocation in the affected community
or communities, to the social and economic benefits to be obtained (in-
cluding the attainment of the objective of this Act) and to determine
whether or not such effluent limitations can be implemented with avail-
able technology or other alternative control strategies.
[p. 34]
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662 LEGAL COMPILATION—SUPPLEMENT I
"(#) // a person affected by such limitation demonstrates at such
hearing that (ivhether or not such technology or other alternative con-
trol strategies are available) there is no reasonable relationship be-
tween the economic and social costs and the benefits to lie obtained (in-
cluding attainment of the objective of this Act), such limitation shall
not become effective and the Administrator shall adjust such limitation
as it applies to such person.
" (c) The establishment of effluent limitations under this section shall
not operate to delay the application of any effluent limitation estab-
lished under section 301 of this Act.
"WATER QUALITY STANDARDS 'AND IMPLEMENTATION PLANS
"/Sec. 303. (a) (1) In order to carry out the purpose of this Act, any
water quality standard applicable to interstate waters which was
adopted by any State and submitted to, and approved by, or is awaiting
approval by, the Administrator pursuant to this Act as in effect im-
mediately prior to the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972, shall remain in effect unless the
Administrator determined that such standard is not consistent with
the applicable requirements of this Act as in effect immediately prior
to the date of enactment of the Federal Water Pollution Control Act
Amendments of 1972. If the Administrator makes such a determina-
tion he shall, within three months after the date of enactment of the
Federal "Water Pollution Control Act Amendments of 1972, notify
the State and specify the changes needed to meet such require-
ments. If such changes are not adopted by the State within ninety days
after the date of such notification, the Administrator shall promul-
gate such changes in accordance with subsection (J) of this section.
" (2) Any State which, before the date of enactment of the Federal
Water Pollution Control Act Amendments of 197%, has adopted, pur-
suant to its own law, water quality standards applicable to intrastate
waters shall submit such standards to the Administrator within thirty
days after the date of enactment of the Federal Water Pollution Con-
trol Act Amendments of 1972. Each such standard shall remain in
effect, in the same manner and to the same extent as any other water
quality standard established under this Act unless the Administrator
determines that such standard is inconsistent with the applicable re-
quirements of this Act as in effect immediately prior to the date of
enactment of the Federal Water Pollution Control Act Amendments of
1972. If the Administrator makes such a determination he shall not
later than the one hundred and twentieth day after the date of sub-
mission of such standards, notify the State and specify the changes
needed to meet such requirements. If such changes are not adopted by
the State within ninety days after such notification, the Administrator
shall promulgate such changes in accordance with subsection (b) of
this section.
"(5) (A) Any State which prior to the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972 has not
adopted pursuant to its own laws water quality standards applicable
to intrastate waters shall, not later than one hundred and eighty days
after the date of enactment'-of the Federal Water Pollution Control
[p. 35]
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WATER—STATUTES AND LEGISLATIVE HISTORY 663
Act Amendments of 1972, adopt and submit such standards to the
Administrator.
"(B) If the Administrator determines that any such standards are
consistent with the applicable requirements of this Act as in effect im-
mediately prior to the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972, he shall approve such standards.
"(0) If the Administrator determines that any such standards are
not consistent with the applicable requirements of this Act as in effect
immediately prior to the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972, he shall, not later than the
ninetieth day after the date of submission of such standards, notify the
State and specify the changes to meet such requirements. If such
changes are not adopted by the State within ninety days after the date
of notification, the Administrator shall promulgate such standards pur-
suant to subsection (b) of this section.
" (6) (1) The Administrator shall promptly prepare and publish pro-
posed regulations setting forth water quality standards for a State in
accordance with the applicable reqiurements of this Act as in effect im-
mediately prior to the date of enactment of the Federal Water Pollu-
tion' Control Act Amendments of 1972, if—
li(A) the State fails to submit ivater quality standards within
the times prescribed in subsection (a) of this section,
" (B) a water quality standard submitted by such State under
subsection (a) of this section is determined by the Administrator
not to be consistent with the applicable requirements of subsection
(a) of this section.
"(#) The Administrator shall promulgate any water quality stand-
ard published in a proposed regulation not later than one hundred and
ninety days after the date he publishes any such proposed standard,
unless prior to such promulgation, such State has adopted a water
quality standard which the Administrator determines to be in accord-
ance with subsection (a) of this section.
"(c) (1) The Governor of a State or the State water pollution con-
trol agency of such State shall from time to time (but at least once
each three year period beginning with the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972) hold
public hearings for the purpose of revievving applicable water quality
standards and, as appropriate, modifying and adopting standards.
Results of such review shall be made available to the Administrator.
"(2) Whenever the State revises or adopts a neiv standard, such
revised or new standard shall be submitted to the Administrator. Such
revised or neiv water quality standard, shall consist of the designated
uses of the navigable ivaters involved and the water quality criteria
for such waters based upon such uses. Such standards shall be such as
to protect the public health or ivelfare, enhance the quality of water
and serve the purposes of this Act. Such standards shall be established
taking into consideration their use and value for public water supplies,
propagation of fish and wildlife, recreational purposes, and agricul-
tural, industrial, and other purposes, and, also taking into considera-
tion their use and value for navigation.
"(J) If the Administrator, within sixty days after the date of sub-
mission, of the revised or new standard, determines that such standard
[p. 36]
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664 LEGAL COMPILATION—SUPPLEMENT I
meets the requirements of this Act, such standard shall thereafter fie
the water quality standard for the applicable waters of that State.
If the Administrator determines that any such revised or new stand-
ard is not consistent with the applicable requirements of this Act, he
shall not later than the ninetieth day after the date of submission of
such standard notify the State and specify the changes to meet such
requirements. If such changes are not adopted by the State within
ninety days after the date of notification, the Administrator shall
promulgate such standard pursuant to paragraph (4) of this sub-
section.
"(4) The Administrator shall promptly prepare and publish pro-
posed regulations setting forth a revised or new water quality stand-
ard for the navigable waters involved—
"(A) if a revised or new water quality standard submitted by
such State under paragraph (
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WATER—STATUTES AND LEGISLATIVE HISTORY 665
such part and shall include a margin of safety which takes into ac-
count any lack of knowledge concerning the development of thermal
water quality criteria for such protection and propagation in the
identified waters or parts thereof.
"(#) Each State shall submit to the Administrator from time to
time, with the first such submission not later than one hundred and
eighty days after the date of publication of the first identification of
pollutants under section 30J/.(a) (2) (D). for his approval the waters
identified and the loads established under paragraphs (1)(A), (1)
(B), (1) (C), and (1) (D) of this subsection. The Administrator shall
either approve or disapprove such identification and load not later
than thirty days after the date of submission. If the Administrator
approves such identification and load, such State shall incorporate
them into its current plan under subsection (e) of this section,. If the
Administrator disapproves such identification and load, he shall not
later than thirty days after the date of such disapproval identify such
waters in such State and establish such loads for such ^vaters as he
determines necessary to implement the water quality standards ap-
plicable to such waters and upon such identification and establish-
ment the State shall incorporate them into its current plan under sub-
section (e) of this section.
" (3) For the specif c purpose of developing information, each State
shall identify all waters within its boundaries which it has not iden-
tified under paragraph (1} (A) and (1)(B) of this subsection and
estimate for such ivaters the total maximum daily load with seasonal
variations and margins of safety, for those pollutants which the Ad-
ministrator identifies under section 304(a) (2) as suitable for such cal-
culation and for thermal discharges, at a level that would assure pro-
tection and propagation of a balanced indigenous population of fish,
shellfish and wildlife.
"(e)(j?) Each State shall have a continuing planning process
approved under paragraph (2} of this subsection which is consistent
with this Act.
" (2) Each State shall submit not later than 120 days after the date
of the enactment of the Water Pollution Control Amendments of
1972 to the Administrator for his approval a proposed continuing
planning process which is consistent with this Act. Not later than
thirty days after the date of submission of such a process the Adminis-
trator shall either approve or disapprove such process. The Adminis-
trator shall from time to time review each Staters approved planning
process for the purpose of insuring that such planning process Is at
all times consistent vvith this Act. The Administrator shall not approve
any State permit program under title IV of this Act for any State
lohich does not have an approved continuing planning process under
this section.
"($) The Administrator shall approve any continuing planning
process submitted to him under this section which will result in plans
for all navigable waters urithin such State, ivhich include, but are not
limited to. the following:
" (A) effluent limitations and schedules of compliance at least as
stringent as those required by section 301(b}(l), section 301
(b)(%), section 306, and section 307, and at least as stringent
[p. 38]
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666 LEGAL COMPILATION SUPPLEMENT I
as any requirements contained in any applicable water quality
standard in effect under authority of this section;
"(B) the incorporation of all elements of any applicable area-
wide waste management plans under section 208, and applicable
basin plans under section 209 of this Act;
"((7) total maximum daily load for pollutants in accordance
with subsection (d) of this section;
"(D) procedures for revision;
"(E) adequate authority for intergovernmental cooperation;
"(F) adequate implementation, including schedules of com-
pliance, for revised or new water quality standards, under sub-
section (c) of this section;
"((?) controls over the disposition of all residual waste from
any water treatment processing;
" (H) an inventory and ranking, in order of priority, of needs
for construction of waste treatment works required to meet the
applicable requirements of sections 301 and 302.
" (/) Nothing in this section shall be construed to affect any effluent
limitation, or schedule of compliance required by any State to be im-
plemented prior to the dates set forth in sections 301(b) (1) and 301
(b)(2) nor to preclude any State from requiring compliance with
any effluent limitation or. schedule of compliance at dates earlier than
such dates.
"(g) Water quality standards relating to heat shall be consistent
with the requirements of section 316 of this Act.
" (h) For the purposes of this Act the term '•water quality standards'1
includes thermal water quality standards.
"INFORMATION AND GUIDELINES
"Sec. 304. (a) (1) The Administrator, after consultation with ap-
propriate Federal and State agencies and other interested persons,
shall develop and publish, within one year after the date of enactment
of this title (and from time to time thereafter revise) criteria for wa-
ter quality accurately reflecting the latest scientific knowledge (A) on
the kind and extent of all identifiable effects on health and welfare
including, but not limited to, plankton, fish,, shellfish, wildlife, plant
life, shorelines, beaches, esthetics, and recreation which may be expected
from the presence of pollutants in any body of water, including
ground water; (B) on the concentration and dispersal of pollutants,
or their byproducts, through biological, physical* and chemical proc-
esses; and (C) on the effects of pollutants on biological community
diversity, productivity, and stability, including information on the
factors affecting rates of eutrophication and rates of organic and inor-
ganic sedimentation for varying types of receiving ivaters.
" (2) The Administrator, after consultation with, appropriate Fed-
eral and State agencies and other interested persons, shall develop and
publish, toithin one year after the date of enactment of this title (and
from time to time thereafter revise) information (A) on the factors
necessary to restore and maintain the chemical, physical, and
biological integrity of all navigable waters, ground waters, waters of
the contiguous zone, and the oceans; (B) on the factors necessary for
the protection and propagation of shellfish, fish, and wildlife for classes
[p. 39]
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WATER—STATUTES AND LEGISLATIVE HISTORY 667
and categories of receiving waters and to allow recreational activitie
in and on the water: and (0} on the measurement and classification o
water quality; and (D) for the purpose of section 303, on and th
identification of pollutants suitable for maximum daily load measure
ment correlated with the achievement of water quality objectives.
"(
issued to the States and shall be published in the Federal Register anc.
otherwise made available to the public.
"(5) For the purpose of adopting or revising effluent limitations
under this Act the Administrator shall, after consultation with appro
priate Federal and State agencies and other interested persons, publisl
within one year of enactment of this title* regulations; providing guide-
lines for effluent limitations, and, at least annually thereafter, revise, i)
appropriate, such regulations. Such regulations shall—
'•'•(I) (A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of polluants. the
degree of effluent reduction attainable through the application of
the best practicable control technology currently available fo°-
classes and categories of point sources (other than publicly owned
treatment icorks); and
" (B) specify factors to be taken into account in determining the
control measures and practices to be applicable to point sources
(other than publicly owned treatment works') within such cate-
gories or classes. Factors relating to the assessment of best practi-
cable control technology currently available to comply with sub-
section (b) (1) of section 301 of this Act shall include considera-
tion of the total cost of application of technology in relation to the
effluent reduction benefits to be achieved from such application,
and sJiall also take into account the age of equipment and facilities
involved, the process employed, the engineering aspects of the ap-
plication of various types of control techniques, process changes,
non-water quality environmental impact (including energy re-
quirements), and such other factors as the Administrator deems
appropriate;
"(£) (A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the application
of the best control measures and practices achievable including
treatment techniques, process and procedure innovations, operat-
ing methods, and other alternatives for classes and categories of
point sources (other than publicly owned treatment works); and
U(B) specify factors to be taken into account in determining
the best measures and practices available to comply with subsec-
tion (b) (£) of section 301 of this Act to be applicable to any
point source (other than publicly oivne'd treatment works) within
such categories or classes. Factors relating to the assessment of
best available technology shall take into account the age of equip-
ment and facilities involved, the process employed, the engineer-
ing aspects of the application of various types of control tech-
niques, process changes, the cost of achieving such effluent reduc-
tion, non-water quality environmental impact (including energy
requirements), and such other factors as the Administrator
deems appropriate; and [p. 40]
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668 LEGAL COMPILATION—SUPPLEMENT I
" (3) identify control measures and practices available to elimi-
nate the discharge of pollutants from categories and classes of
point sources, taking into account the cost of achieving such elimi-
nation of the discharge of pollutants.
"(c) The Administrator, after consultation, with appropriate Fed-
eral and State agencies and other interested persons, shall issue to the
States and appropriate water pollution control agencies within 270
days after enactment of this title (and from time to time thereafer)
information on the processes, procedures, or operating methods which
result in the elimination or reduction of the discharge of pollutants
to implement standards of performance under section 306 of this Act.
Such information shall include technical and other data, including
costs, as are available on alternative methods of elimination or reduc-
tion of the discharge of pollutants. Such information, and revisions
thereof, shall be published in the Federal Register and otherwise shall
he made available to the public.
ll(d)(l) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall publish
within sixty days after enactment of this title (and from time to time
thereafter") information, in terms of amounts of constituents and chem-
ical, physical, and biological characteristics of pollutants, on the degree
of effluent reduction attainable through the application of secondary
treatment.
"(2) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, shall publish
within nine months after the date of enactment of this title (and from
time to time thereafter) information on alternative waste treatment
management techniques and systems available to implement section
Wl of this Act.
"(e) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, shall issue to
appropriate Federal agencies, the States, water pollution control
agencies, and agencies designated under section 208 of this Act, within
one year after the effective date of this subsection (and from time to
time thereafter) information including (1) guidelines for identifying
and evaluating the nature and extent of nonpoint sources of pollutants,
and (2) processes, procedures, and methods to control pollution result-
ing from—
"(A) agricultural and silvicultural activities, including runoff
from fields and crop and forest lands;*
"(Z?) mining activities, including runoff and siltation from
new, currently operating, and abandoned surface and under-
ground mines ;
"(C) all construction activity, including runoff from the facili-
ties resulting from such construction;
"(D) the disposal of pollutants in wells or in subsurface ex-
cavations;
"(E) salt water intrusion resulting from reductions of fresh
water flow from any cause, including extraction of ground water,
irrigation, obstruction, and diversion; and
" (F) changes in the movement, flow, or circulation of any navi-
gable waters or ground waters, including changes caused by the
[p. 41]
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WATER—STATUTES AND LEGISLATIVE HISTORY 669
construction of dams, levees, channels, causeways, or flow diver-
sion facilities.
Such information and revisions thereof shall be published in the Fed-
eral Register and otherwise made available to the public.
" (/) (1) For the purpose of assisting States in carrying out programs
under section 402 of this Act, the Administrator shall publish, within
one hundred and twenty days after the date of enactment of this title,
and review at least annually thereafter and, if appropriate, Revise
guidelines for pretreatment of pollutants which he determines are not
susceptible to treatment by publicly owned treatment works. Guide-
lines under this subsection shall be established to control and prevent
the discharge into the navigable waters, the contiguous zone, or the
ocean (either directly or through publicly owned treatment works) of
any pollutant which interferes with, passes through, or otherwise is
incompatible with such works.
"(#) When publishing guidelines under this subsection, the Ad-
ministrator shall designate the category or categories of treatment
works to which the guidelines shall apply.
"(<7) The Administrator shall, within one hundred and eighty days
from the date of enactment of this title, promulgate guidelines estab-
lishing test procedures for the analysis of pollutants that shall include
the factors which, must be provided in any certification pursuant to
section 401 of this Act or permit application pursuant to section 402
of this Act.
"(h) The Administrator shall (1) within sixty days after the enact-
ment of this title promulgate guidelines for the purpose of establish-
ing uniform application forms and other minimum requirements for
the acquisition of information from oivners and operators of point
sources of discharge subject to any State program under section 402 of
this Act, and (2) within sixty days from the date of enactment of
this title promulgate guidelines establishing the minimum procedural
and other elements of any State program under section 402 of this Act
which shall include :
"(A) monitoring requirements;
U(B) reporting requirements (including procedures to make
information available to the public);
11 (C) enforcement provisions; and
" (D) funding, personnel qualifications, and manpower require-
ments (including a requirement that no board or body which ap-
proves permit applications or portions thereof shall include, as a
member, any person who receives, or has during the previous
two years received, a significant portion of his income directly
or indirectly from permit holders or applicants for a permit).
"(i) The Administrator shall, within 270 days after the effective
date of this subsection (and from time to time thereafter), issue such
information on methods, procedures, and processes as may be appro-
priate to restore and enhance the quality of the Nations publicly
owned fresh water lakes.
"(j) (1) The Administrator shall, within six months from the date
of enactment of this title, enter into agreements with the Secretary of
Agriculture, the Secretary of the Army, and the Secretary of the
Interior to provide for the maximum utilization of the appropriate
[p. 42]
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670 LEGAL COMPILATION—SUPPLEMENT I
programs ^authorized under other Federal law to ~be carried out by
such /Secretaries for the purpose of achieving and maintaining water
quality through appropriate implementation of plans approved under
section 208 of this Act.
"(#) The Administrator, pursuant to any agreement under para-
graph (1) of this subsection is authorized to transfer to the Secretary
of Agriculture, the Secretary of the Army, or the Secretary of the In-
terior any funds appropriated under paragraph (3) of this subsection
to supplement any funds otherwise appropriated to carry out appro-
priate programs authorized to be carried out by such /Secretaries.
" (3) There is authorised to be appropriated to carry out the provi-
sions of this subsection, $100,000^)00 per fiscal year for the fiscal year
ending June 30,1973, and the fiscal year ending June 30,1974.
"WATER QUALITY INVENTORY
. "SEC. 305. (a) The Administrator, in cooperation with the States
and with the assistance of appropriate Federal agencies, shall prepare
a report to be submitted to the Congress on or before January 1,197b
which shall—
"(1) describe the specific quality, during 1973, with appro-
priate supplemental descriptions as shall be required to take into
account seasonal, tidal, and other variations, of all navigable
waters and the waters of the contiguous zone;
" (2) include an inventory of all point sources of discharge
(based on a qualitative and quantitative analysis of discharges) of
pollutants, into all navigable ivaters and the waters of the con-
tiguous zone; and
" (3) identify specifically those navigable waters, the quality of
ivhich—
"(A) is adequate to provide for the protection and propa-
gation of a balanced population of shellfish, fish, and wildlife
and allow recreational activities in and on the water;
"(B) can reasonably be expected to attain such level by
1977 or 1983; and
"(O) can reasonably be expected to attain such level by
any later date.
"(b) (1) Each State shall prepare and submit to the Administrator
by January 1,1975, and shall bring up to date each year thereafter, a
report which shall include—
"(A) a description of the water quality of all navigable waters
in su-ch State during the preceding year, with appropriate sup-
plemental descriptions as shall be required to take into account
seasonal, tidal, and other variations, correlated with the quality of
water required by the objective of this Act (as identified by the
Administrator pursuant to criteria published under section 304 («)
of this Act) and the water quality described in subparagraph (B)
of this paragraph;
U(B) an analysis of the extent to which all navigable waters
of such State provide for the protection and propagation of a
balanced population of shellfish, fish, and wildlife, and allow
recreational activities in and on the water;
"(C) an analysis of the extent to which the elimination of the
discharge of pollutants and a level of water quality which pro-
[p. 43]
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WATER—STATUTES AND LEGISLATIVE HISTORY 671
vides for the protection and propagation of a balanced popu-
lation of shellfish, fish, and wildlife and allows recreational ac-
tivities in and on the water, have been or will lie achieved by the
requirements of this Act, together with recommendations as to
additional action necessary to achieve such objectives and for
what waters such additional action is necessary;
U(D) an estimate of (i) the environmental im.pact, (ii) the
economic and social costs necessary to achieve the objective of
this Act in such State, (Hi) the economic and social benefits of
such achievement, and (iv) an estimate of the date of' such
achievement; and
" (E) a description of the nature and extent of nonpoint sources
of pollutants, and recommendations as to the programs which
must be undertaken to control each category of such sources, in-
cluding an estimate of the costs of implementing such programs.
"(#) The Administrator shall transmit such State reports, together
with an analysis thereof, to Congress on or before October 1,1975, and
annually thereafter.
"NATIONAL STANDARDS OF PERFORMANCE
"SEC. 306. (a) For purposes of this section:
"(1) The term ''standard of performance'' means a, standard for the
control of the discharge of pollutants which reflects the greatest degree
of effluent reduction which the Administrator determines to be achieva-
ble through application of the best available demonstrated control
technology, processes, operating methods, or other alternatives, in-
cluding, where practicable, a standard permitting no discharge of
pollutants.
"(#) The term inew source"1 means any source, the construction of
which is commenced, after the publication of proposed regulations
prescribing a standard of performance under this section which will
be applicable to such source, if such standard is thereafter promul-
gated in accordance with this section.
"(3) The term 'source' means any building, structure, facility, or
installation from which there is or may be the discharge of pollutants.
"(4) The term 'owner or operator1 means any person who owns,
leases, operates, controls, or supervises a source.
"(5) The term '•construction'1 means any placement, assembly, or in-
stallation of facilities or equipment (including contractual obliga-
tions to purchase such facilities or equipment) at the premises where
such equipment will be used, including preparation work at such
premises.
"(b) (1) (A) The Administrator shall, within ninety days after the
date of enactment of this title publish (and from time to time there-
after shall revise) a list of categories of sources, ivhich shall, at t,J"
minimum, include:
"pulp and paper mills;
"paperboard, builders paper L.id board mills;
"meat product and rendering processing;
"dairy product processing;
"grain mills;
"canned and preserved fruits and vegetables processing;
[p. 44]
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672 LEGAL COMPILATION SUPPLEMENT I
"canned and preserved seafood processing;
"sugar processing;
• "textile 'mills;
"cement manufacturing;
"feedlots;
"electroplating ;
"organic chemicals manufacturing;
"inorganic chemicals manufacturing ;
"plastic and synthetic materials manufacturing;
"soap and detergent manufacturing;
"fertilizer manufacturing;
"petroleum refining;
"iron and steel manufacturing;
"nonferrous metals manufacturing ;
"phosphate manufacturing;
"steam electric powerplants;
"ferroalloy manufacturing;
"leather tanning and finishing;
"glass and asbestos manufacturing;
"rubber processing; and
"timber products processing.
"(B) As soon as practicable, but in no case more than one year,
after a category of sources is included in a list under subparagraph
(A) of this paragraph, the Administrator shall propose and publish
regulations establishing Federal standards of performance for new
sources within such category. The Administrator shall afford inter-
ested persons an opportunity for written comment on such proposed
regulations. After considering such comments, he shall promulgate,
within one hundred and tiventy days after publication of such pro-
posed regulations, such standards with such adjustments as he deems
appropriate. The Administrator shall, from time to time, as technol-
ogy and alternatives change, revise such standards following the
procedure required by this subsection for promulgation of such
standards. Standards of performance, or revisions thereof, shall be-
come effective upon promulgation. In establishing or revising Fed-
eral standards of performance for new sources under this section, the
Administrator shall take into consideration the cost of achieving such
effluent reduction, and any non-water quality envircmmental impact
and energy requirements.
"(2) The Administrator may distinguish among classes, types, and
sizes within categories of new sources for the purpose of establishing
such standards and shall consider the type of process employed (in-
cluding whether batch or continuous).
"(3} The provisions-of this section shall apply to any new source
owned or operated by the United States.
"(c) Each State may develop and submit to the Administrator a
procedure under State law for applying and enforcing standards of
performance for new sources located in such State. If the Adminis-'
trator finds that the procedure and the law of any State require the
application and enforcement of standards of performance to at least
the same extent as required by this section, such State is authorized
to apply and enforce such standards of performance (except
respect to new sources owned or operated by the United States).
[p. 45]
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WATER—STATUTES AND LEGISLATIVE HISTORY 673
"(d) Notwithstanding any other provision of this Act, any point
source the construction of which is commenced after the date of en-
actment of the Federal Water Pollution Control Act Amendments
of 1972 and which is so const-meted as to meet all applicable standards
of performance shall not ~be subject to any more stringent standard
of performance during a ten-year period beginning on the date of
completion of such construction or during the period of depreciation
or amortization of such facility for the purposes of section 167 or
169 (or both) of the Internal Revenue Code of 1954, whichever period
ends first.
"(e) After the effective date of standards of performance pro-
mulgated under this section, it shall be unlawful for any owner or
operator of any new source to operate such source in violation of any
standard of performance applicable to such source.
"TOXIC AND PRETREATMENT EFFLUENT STANDARDS
"/Sec. 307. (a) (1) The Administrator shall, within ninety days after
the date of enactment of this title, publish (and from time to time
thereafter revise) a list which includes any tome pollutant or combina-
tion of such pollutants for which an effluent standard (which may
include a prohibition of the discharge of such pollutants or combina-
tion of such pollutants) will be established under this section. The Ad-
ministrator in publishing such list shall take into account the toxicity
of the pollutant, its persistence, degradability, the usual or potential
presence of the affected organisms in any waters, the importance of
the affected organisms and the nature aiid extent of the effect of the
toxic pollutant on such organisms.
"(#) Within one hundred and eighty days after the date of pub-
lication of any list, or revision thereof, containing toxic pollutants or
combination of pollutants under paragraph (1) of this subsection, the
Administrator, in accordance with section 553 of title 5 of the United
States Code, shall publish a proposed effluent standard (or a prohibi-
tion) for such pollutant or combination of pollutants which shall take
into account the toxicity of the pollutant, its persistence, degradability,
the usual or potential presence of the affected organisms in any
waters, the importance of the affected organisms and the nature and
extent of the effect of the toxic pollutant on such organisms, and he
shall publish a notice for a public hearing on such proposed standard
to be held within thirty days. As soon as possible after such hearing,
but not later than six months after publication of the proposed effluent
standard (or prohibition), unless the Administrator finds, on the
record, that a modification of such proposed standard (or prohibition)
is justified based upon a preponderance of evidence adduced at such
hearings, such standard (or prohibition] shall be promulgated.
"(3) If after a public hearing the Administrator finds that a modi-
fication of such proposed standard (or prohibition) is justified, a
revised effluent standard (or prohibition) for such pollutant or com-
bination of pollutants shall be promulgated immediately. Such stand-
ard (or prohibition) shall be reviewed and, if appropriate, revised at
least every three years.
" (4) Any effluent standard promulgated under this section shall be
at that level which the Administrator determines provides an ample
margin of safety. r 4g-i
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674 LEGAL COMPILATION—SUPPLEMENT I
"(5) When proposing or promulgating any effluent standard (or
prohibition) under this section, the Administrator shall designate the
category or categories of sources to which the effluent standard (or
prohibition} shall apply. Any disposal of dredged material may be
included in such a category of sources after consultation with the
Secretary of the Army.
" (6) Any effluent standard (o
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WATER—STATUTES AND LEGISLATIVE HISTORY 675
unlawful for any owner or operator of any source to operate any source
in violation of any such effluent standard or prohibition or pretreat-
ment standard.
"INSPECTIONS, MONITORING AND ENTRY
"SEC. 308. (a) Whenever required to carry out the objective of this
Act, including but not limited to (1} developing or assisting in the
development of any effluent limitation, or other limitation, prohi-
bition, or effluent standard, pretreatment standard, or standard of
performance under this Act; (£) determining whether any person is
in violation of any such effluent limitation, or other limitation, pro-
hibition or effluent standard, pretreatment standard, or standard of
performance; (3) any requirement established under this section; or
(4) carrying out sections^ 305,311, 402, and 504 of this Act—
"(A) the Administrator shall require the owner or operator
of any point source to (i) establish and maintain such records,
(ii) make such reports, (Hi} install, use, and maintain such
monitoring equipment or methods (including ivhere appropriate.
biological monitoring methods), (iv) sample such effluents (in
accordance with such methods, at such locations, at such inter-
vals, and in such manner as the Administrator shall prescribe],
and (v) provide such other information as he may reasonably
require,1 and
"(Z?) the Administrator or his authorised representative, upon
presentation of his credentials—
"(i) shall have a right of entry to, upon, or through any
premises in which an effluent source is located or in ^vhich
any records required to be maintained under clause (A) of
this subsection are located, and
"(ii) may at reasonable times have access to and copy any
records, inspect any monitoring equipment or method re-
quired under clause (A), and sample any effluents which the
owner or operator of such source is required to sample under
such clause.
"(b) Any records, reports, or information obtained under this sec-
tion (1) shall, in the case of effluent data, be related to any applicable
effluent limitations, toxic, pretreatment, or new source performance
standards, and (2) shall be available to the public, except that upon
a showing satisfactory to the Administrator by any person that rec-
ords, reports, or information, or particular part thereof (other than
effluent data), to which the Administrator has access under this sec-
tion, if made public would divulge methods or processes entitled to
protection as trade secrets of such person, the Administrator shall
consider such record, report, or information, or particular portion
thereof confidential in accordance with the purposes of section 1905
of title 18 of the United States Code, except that such record, report,
or information may be disclosed to other officers, employees, or autho-
rised representatives of the United States concerned with carrying
out this Act or when relevant in any proceeding under this Act.
"(c) Each State may develop and submit to the Administrator pro-
cedures under State law for inspection, monitoring, and entry with
respect to point sources located in such State. If the Administrator
finds that the procedures and the law of any State relating to inspec-
[p. 48]
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676 LEGAL COMPILATION—SUPPLEMENT I
tion, monitoring, and entry are applicable to at least the same extent
as those required by this section, such State is authorized to apply
and enforce its procedures for inspection, monitoring, and entry with
respect to point sources located in such State (except with respect to
point sources owned or operated by the United States).
"FEDERAL ENFORCEMENT
"Sec. 309. (a) (1) Whenever, on the basis of any information avail-
able to him. the Administrator finds that any person is in violation
of any condition or limitation which implements section 301, 302, 306,
307, or 308 of this Act in a permit issued by a State under an approved
permit program under section 402 of this Act, he shall proceed under
his authority in paragraph (3) of this subsection, or he shall notify
the person in alleged violation and such State of such finding. If beyond
the thirtieth day after the Administrator's notification the State has
not commenced appropriate enforcement action, the Administrator
shall issue an order requiring such person to comply with such condi-
tion or limitation or shall bring a civil action in accordance with sub-
section (b) of this section-.
"(#) Whenever, on the basis of information available to him, the
Administrator finds that violations of perm.it conditions or limitations
as set forth in paragraph (1) of this subsection are so widespread that
such violations appear to result from a failure of the State to enforce
such permit conditions or limitations effectively, he shall so notify the
State. If the Administrator finds such failure extends beyond the
thirtieth day after such notice, he shall give public notice of such find-
ing. During the period beginning with such public notice and ending
when such State satisfies the Administrator that it will enforce swh
conditions and limitations (hereafter referred to in this section as the
period of 'federally assumed enforcement^, the Administrator shall
enforce any permit condition or limitation with respect to any person—
"(A) by issuing an order to comply with such condition or
limitation, or
"(B) by bringing a civil action under subsection (b) of this
section.
"(
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WATER—STATUTES AND LEGISLATIVE HISTORY 677
this subsection) is issued to a corporation, a copy of such order (or
notice) shall ~be served on any appropriate corporate officers. An order
issued under this subsection relating to a violation of section 308 of this
Act shall not take effect until the person to whom it is issued has had
an opportunity to confer with the Administrator concerning the
alleged violation.
" (b) The Administrator is authorized to commence a civil action for
appropriate relief, including a permanent or temporary injunction, for
any violation for which he is authorized to issue a compliance order
under subsection (a) of this section. Any action under this subsection
may be brought in the district court of the United States for the dis-
trict in which the defendant is located or resides or is doing business,
and such court shall have jurisdiction to restrain such violation and to
require compliance. Notice of the commencement of such action shall
be given immediately to the appropriate State.
" (c)(-7) Any person who willfully or negligently violates section
301,302,306, 307, or 308 of this Act, or any permit condition or limita-
tion implementing any of such sections in a permit issued under section
402 of this Act by the Administrator or by a State, shall be punished by
a fine of not less than $2,500 nor more than $25f>00 per day of violation,
or by imprisonment for not more than one year, or by both. If the con-
viction is for a violation committed after a first conviction of such per-
son under this paragraph, punishment shall be by a fine of not more
than $50,000 per day of violation, or by imprisonment for not more
than two years, or by both.
"(#) Any person who knowingly makes any false statement, rep-
resentation, or certification in any application, record, report, plan, or
other document filed or required to be maintained under this Act or who
falsifies, tampers with, or knowingly renders inaccurate any monitor-
ing device or method required to be maintained under this Act, shall
upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than six months, or by both.
"(,?) For the purposes of this subsection, the term '•person' shall
mean, in addition to the definition contained in section 502(5) of this
A ct, any responsible corporate officer.
"(d) Any person who violates section 301, 302, 306, 307, or 308 of
this Act, or any permit condition or limitation implementing any of
such sections in a permit issued under section 4O2 of this Act by the
Administrator, or by a State, and any person who violates any order
issued by the Administrator under subsection (a) of this section, shall
be subject to a civil penalty not to exceed $10,000 per day of such viola-
tion.
"(e) Whenever a municipality is a party to a civil action brought
by the United States under this section, the State in ivhich such munic-
ipality is located shall be joined as a party. Such State shall be liable
for payment of any judgment, or any expenses incurred as a result of
complying with any judgment, entered against the municipality in
such action to the extent that tJie laios of that State prevent the munic-
ipality from raising revenues needed to comply with such judgment.
"INTERNATIONAL POLLUTION ABATEMENT
"SEC. 310. (a) Whenever the Administrator, upon receipts of reports,
surveys, or studies from any duly constituted international agency,
has reason to believe that pollution is occurring which endangers the
[p. 50]
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678 LEGAL COMPILATION—SUPPLEMENT I
health or welfare of persons in a foreign country, and the Secretary
of State requests him to abate such pollution, he shall give formal noti-
fication thereof to the State water pollution control agency of the State
or States in which such discharge or discharges originate and to the ap-
propriate interstate agency, if any. He shall also promptly call such a
hearing, if he believes that such pollution is occurring in sufficient
quantity to warrant such action, and if such foreign country has given
the United States essentially the same rights with respect to the pre-
vention and control of pollution occurring in that country as is given
that country by this subsection. The Administrator, through the Secre-
tary of State, shall invite the foreign country which may lie adversely
affected ~by the pollution to attend and participate in the hearing, and
the representative of such country shall, for the purpose of the hear-
ing and any further proceeding resulting from such hearing, have all
the rights of a State water pollution control agency. Nothing in this
subsection 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 pollution in waters covered by those
treaties.
"(&) The calling of a hearing under this section shall not be con-
strued by the courts, the Administrator, or any person as limiting,
modifying, or otherwise affecting the junctions and responsibilities of
the Administrator under this section to establish and enforce water
quality requirements under this Act.
"(c) The Administrator shall publish in the Federal Register
a notice of a public hearing before a hearing board of five or
more persons appointed by the Administrator. A majority of
the members of the board and the chairman who shall be designated
by the Administrator shall not be officers or employees of Federal,
State, or local governments. On the basis of the evidence presented
at such hearing, the board shall vuithin sixty days after completion
of the hearing make findings of fact as to whether or not such pollu-
tion is occurring and shall thereupon by decision, incorporating its
findings therein, make such recommendations to abate the pollution as
may be appropriate and shall transmit such decision and the record
of the hearings to the Administrator. All such decisions shall be public.
Upon receipt of such decision^ the Administrator shall promptly im-
plement the board's decision in accordance with the provisions of this
Act.
" (d) In connection with any hearing called under this subsection,
the board it authorized to require any person whose alleged activities
result in discharges causing or contributing to pollution to file with it
in such forms as it 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 facili-
ties or other means to prevent or reduce such discharges by the person
filing such a report. Such report shall be made und.er oath or other-
wise, as the board may prescribe, and shall be fled with the board
within such reasonable period as it may prescribe, unless additional
time is granted by it. Upon a showing satisfactory to the board by the
person filing such report that such report or portion thereof (other
than effluent data), to which the Administrator has access under this
[p. 51]
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WATER—STATUTES AND LEGISLATIVE HISTORY 679
section, if made public would divulge trade secrets or secret processes
of such person, the ~board shall consider such report or portion thereof
confidential for the purposes of section 1905 of title 18 of the United
States Code. If any person required to file any report under this para-
graph shall fail to do so within the time fixed by the board 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 $1,000 for each and every day of the continuance of such failure,
which forfeiture shall "be payable into the Treasury of the United
States, and shall be recoverable in a civil suit in the name of the
United States in the district court of the United States where such
person has his principal office or in any district in which he does
business. The Administrator may upon application therefor remit or
mitigate any forfeiture provided for under this subsection.
" (e) Board members, other than officers or employees of Federal,
State, or local governments, shall be for each day (including travel-
time) during which they are performing board business, entitled to
receive compensation at a rate fixed by the Administrator but not in
excess of the maximum rate of pay for grade GS-18, as provided in
the General Schedule under section 5332 of title 5 of the United States
Code, and shall, notivithstanding the limitations of sections 5703 and
5704 of title 5 of the United States Code, be fully reimbursed for
travel, subsistence, and related expenses.
"(/) When any such recommendation adopted by the Administra-
tor involves the institution of enforcement proceedings against any
person to obtain the abatement of pollution subject to such recom-
mendation, the Administrator shall institute such proceedings if he
believes that the evidence warrants such proceedings. The district
court of the United States shall consider and. determine de novo all
relevant issues, but shall receive in evidence the record of the pro-
ceedings before the conference or hearing board. The court shall have
jurisdiction to enter such judgment and orders enforcing such judg-
ment as it deems appropriate or to remand such proceedings to the
Administrator for such further action as it may direct.
"OIL AND HAZARDOUS SUBSTANCE LIABILITY
"SEC. 311. (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, leak-
ing, pumping, pouring, emitting, emptying or dumping •
u-(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) ''publw vessel"1 means a vessel owned or bareboat-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'1 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;
[p. 52]
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680 LEGAL COMPILATION—SUPPLEMENT I
"(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 facil-
ity, any person opening or operating such onshore facility or off-
shore facility, and (C) in the case of any abandoned offshore
facility, the person who owned or operated such facility immedi-
ately prior to such abandonment;
"(7) 'person* includes an individual, firm, corporation, associa-
tion, and a partnership;
"(<§) 'remove'' or 'removal'' refers to removal of the oil or haz-
ardous 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, shore-
lines, and beaches;
"(9) 'contiguous zone"1 mean-s the entire zone established or to
be established by the United States wnder 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 God1 means an act occasioned by an unanticipated
grave natural disaster;
"(13) 'barrel'' means J$ United States gallons at 60 degrees
Fahrenheit;
" (H) 'hazardous substance'' means any substance designated
pursuant to subsection (b)(2) of this section.
"(b)(l) The Congress hereby declares that it is the policy of
the United States that there should be no discharges of oil or hazard-
ous substances into or upon the navigable waters of the United States,
adjoining shorelines, or into or upon the waters of the contiguous
zone.
"(2) (A) The Administrator shall develop, promulgate, and revise
as may be appropriate, regulations designating as hazardous sub-
stances, other than oil as defined in this section, such elements and
compounds which, ivhen discharged in any quantity into or upon the
navigable waters of the United States o? adjoining shorelines or the
waters of the contiguous zone, present an imminent, and substantial
danger to the public health or welfare, including, but not limited to,
fi,sh, shellfish, wildlife, shorelines, and beaches.
"(/?) (i) The Administrator shall include in any designation under
subparagmph (A) of this subsection a, determination whether any
such designated hazardous substance can actually be removed.
"(ii) The owner or operator of any vessel, onshore facility, or off-
shore facility from which there is discharged during the two-year
period beginning on the date of enactment of the Federal Water Pol-
lution Control Act Amendments of 1972, any hazardous substance
determined not removable under clause (i) of this subparagraph shall
be liable, subject to the defenses to liability provided under subsection
[p. 53]
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WATER—STATUTES AND LEGISLATIVE HISTORY 681
(/) of this section, as appropriate, to the United States for a civil pen-
alty per discharge established by the Administrator based on toxicity.
degradability, and dispersal characteristics of such substance, in an
amount not to exceed $50,000, except that where the United States
can show that such discharge 'was a result of willful negligence or will-
ful misconduct within, the privity and knowledge of the owner, such
owner or operator shall be liable to the United States for a civil penalty
in such amount as the Administrator shall establish, based upon the
toxicity, degradability, and dispersal characteristics of such substance.
"(m) After the expiration of the two-year period referred to in
clause (ii) of this subparagraph, the owner or operator of any vessel,
onshore facility, or offshore facility, from ivhich there is discharged
any hazardous substance determined not removable under clause (i)
of this subparagraph shall be liable, subject to the defenses to liability
provided in subsection (/) of this section, to the United States for
either one or the other of the folio-wing penalties, the determination of
which shall be in the discretion of the Administrator:
"(&«) a penalty in such amount as the Administrator shall es-
tablish, based on the toxicity, degradability, and dispersal char-
acteristics of the substance, but not less than $500 nor more than
$5,000; or
"(55) a penalty determined by the number of units discharged
multiplied by the amount established for such unit under clause
(iv) of this subparagraph, but such penalty shall not be more
than $5,000,000 in the case of a discharge from a vessel and $500,-
000 in the case of a discharge from an onshore or offshore facility.
"(iv) The Administrator shall establish by regulation, for each
hazardous substance designated under subparagraph (A) of this para-
graph, and within 180 days of the date of such designation, a unit of
measurement based upon the usual trade practice and, for the purpose
of determining the penalty under clause (Hi) (bb) of this subpara-
graph, shall establish for each such unit a fixed monetary amount
which shall be not less than $100 nor more than $1,000 per unit. He
shall establish such fixed amount based on the toxicity, degradability,
and dispersal characteristics of the substance.
"(
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682 LEGAL COMPILATION—SUPPLEMENT I
and conditions, will be harmful to the public health or welfare of the
United States, including, but not limited to, fish, shellfish, ivildlife,
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 contigu-
ous zone, only those discharges which threaten the fishery resources of
the contiguous zone or threaten to pollute or contribute to the pollution
of the territory or the territorial sea of the United States may be de-
termined to be harmful.
"(5) Any person in charge of a, vessel or of an onshore facility or
an offshore facility shall, as soon as he hat knowledge of any discharge
of oil or a hazardous substance from such vessel or facility in violation
of paragraph (3) of this subsection, immediately notify the appro-
priate agency of the United States Government of such discharge.
Any such person who fails to notify immediately such agency of such
discharge shall, upon conviction, be -fined not more than $10J)00, or
imprisoned for not more than one year, or both. Notification received
pursuant to this paragraph or information obtained by the exploita-
tion 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.
" (6) Any owner or operator of any vessel, onshore facility, or off-
shore facility from which oil or a hazardous substance is discharged in
violation of paragraph (3) 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 $5f)00 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 violation, shall be considered by such Secretary. The Secretary of
the Treasury shall ivithhold at the request of such Secretary the clear-
ance required by section 4197 of the Revised Statutes of the United
States, as amended (Ifi 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.
"(
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WATER—STATUTES AND LEGISLATIVE HISTORY 683
oil and hazardous substances, 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;
"(Cr) establishment or designation of a strike farce consisting
of personnel who shall be trained, prepared, and available to pro-
vide necessary services to carry out the Plan, including the estab-
lishment at major ports, to be determined by the President, of
emergency task forces of trained personnel, adequate oil and haz-
ardous substance pollution control equipment and material, and
a detailed oil and hazardous substance pollution prevention and
removal plan;
"(D) a system of surveillance and notice designed to insure
earliest possible notice of discharges of oil and hazardous sub-
stances 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 emploi/ed in identifying,
containing, dispersing, and removing oil and hazardous
substances;
"(&) a schedule, prepared in cooperation with the States, iden-
tifying (i) dispersants and other chemicals, if any.-.that may be
used in carrying out the Plan, (ii) the waters in which such dis-
persants and chemicals may be used, and (iii) the quantities of
such dispersant 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 President, or his delegate, may, on a case-by-case basis, iden-
tify 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; and
" (H) a system whereby the State or States affected by a dis-
charge of oil or hazardous substance mav act where necessary to
remove such discharge and such State or States may be reimbursed
from the fund established under subsection (k) of this section
for the reasonable costs incurred in such removal.
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 hazardous
substances and actions to minimise damage from oil and hazardous
substance discharges shall, to the greatest extent possible, be in accord-
ance 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 pri-
vate shorelines and beaches of the United States, because of a dis-
charge, or an imminent discharge, of large quantities of oil, or of a
hazardous substance from a vessel the United States may (A\ coordi-
[p. 56]
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684 LEGAL COMPILATION—SUPPLEMENT I
note and direct all public and- private efforts directed at the removal
or elimination of such threat,' and (B} summarily remove, and, if
necessary, destroy such v'essel by whatever means are available with-
out regard to any provisions of law governing the employment of
personnel or the expenditure of appropriated funds. Any expense
incurred under this subsection' shall be a cost incurred by the United
States Government for the purposes of subsection (/) in the removal
of oil or hazardous substance.
"(e) In addition to any other action taken by a State or local gov-
ernment, when the President determines there is an imminent and sub-
stantial threat to the public health or welfare of the United States, in-
cluding, but not limited to, fish, shellfish, and wildlife and public and
private property, shorelines, and beaches within the United States,
because of an actual or threatened discharge of oil or hazardous sub-
stance into or upon the navigable waters of the United States from an
onshore or offshore facility, the President may require the United
States attorney of the district in 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.
"(/) (-0 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 ivas or was not negligent, or any combination of
the foregoing clauses, siich owner or operator of any vessel from which
oil or a hazardous substance is discharged in violation of subsection
(b) (2) of this section shall, not withstanding 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 or substance
by the United States Government in an am.ount 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 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.
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 operator
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 fsolely by (A) an act of God, (B)
an act of war, (O) negligence on the part of the United States Gov-
ernment, or (D) an act or omission of a third party ivithout regard to
whether any such, act or omission loas or ivas not negligent, or any
combination of the foregoing clauses, such oivner or operator of any
such facility from, ivhich oil or a hazardous substance is discharged in
violation of subsection (b) (2) of this section shall be liable to the
United States Government for the actual costs incurred under sub-
section (c) for the removal of such oil or substance by the United
[p. 57]
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WATER—STATUTES AND LEGISLATIVE HISTORY 685
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 ivillful misconduct within the privity and
knowledge of the owner, such owner or operator shall he 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 Administra-
tion, to establish reasonable and equitable classifications of those on-
shore 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 or a hazardous sub-
stance in violation of subsection (b) (2) of this section, and apply with
respect to such classifications differing limits of liability which may
be less than the amount contained in this paragraph.
"(#) 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 act of war, (C) negligence on the part of the United States Gov-
ernment, 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 or a hazardous substance is discharged in
violation of subsection (&)(#) 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 or substance 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 mis-
conduct 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 a facility in any court of com-
petent 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 or a hazard-
ous substance is discharged in violation of subsection (&)(#) of
this section, proves that such discharge of oil or hazardous substance
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 Govern-
ment, 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 or substance by
the United States Government, except inhere such third party can
prove that such discharge was caused solely by (A) an act of God,
(B) an act of ^oar, (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 or
a hazardous substance in violation of subsection (b) (2) of this sec-
tion, the liability of such third party under this subsection shall not
[p. 58]
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686 LEGAL COMPILATION—SUPPLEMENT I
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 applicable 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 or a hazardous
substance 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.
"(A) 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, dr
(#) 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 or hazardous substance.
"(i) (1) In any case where an owner or operator of a vessel or an
onshore facility or an offshore facility from which oil or a hazardous
substance is discharged in violation of subsection (b) (2) of this section
acts to remove such oil or substance 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, (G)
negligence on the part of the United States Government, or (D) an
act or omission of a third party without 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.
" (5) 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 pursucmt to subsection (k).
"O'H-0 Consistent with the National Contingency Plan required
by subsection (c) (2) of this section, as soon as practicable after the
effective 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 pro-
cedures for removal of discharged oil and hazardous substances, (B)
establishing criteria for the development and implementation of local
and regional oil and hazardous substance removal contingency plans,
(C) establishing procedures, methods, nnd equipment and other re-
quirements for equipment to prevent discharges of oil and hazardous
substances from vessels and from onshore facilities and offshore fa-
cilities, and to contain such discharges, and (D) governing the inspec-
tion of vessels carrying cargoes of oil and hazardous substances and
the inspection of such cargoes in order to reduce the likelihood of
discharges of oil from vessels in violation of this section.
[p. 59]
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WATER—STATUTES AND LEGISLATIVE HISTORY 687
"(#) Any owner or operator of a vessel or an onshore facility or an
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 he liable to a civil
penalty of not more than $5,000 for each such violation. Each violation
shall T)e a separate offense. The President may assess and corn-promise
such penalty. No penalty shall be assessed until the oivner, operator,
or other person charged shall have been given notice and an opportu-
nity 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.
"(&) 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 (
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688 LEGAL COMPILATION—SUPPLEMENT I
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 hazardou-s substance or from, the removal of any such oil or
hazardous substance.
" (2) Nothing in this section shall T)e construed as preempting any
State or political subdivision thereof from imposing any requirement
or liability with respect to the discharge of oil or hazardous substance
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 provision of law, or to affect any State or local law not
in conflict with this section.
" (p) (1) Any vessel over three hundred gross tons, including any
barge of equivalent size, but not including any barge that is not self-
propelled and that does not carry oil or hazardous substances as cargo
or fuel, using any port or place in the United States or the navigable
waters of the United /States for any purpose shall establish and main-
tain under regulations to be prescribed from time to time by the Presi-
dent, evidence of financial responsibility of $100 per gross ton, or $14,-
000,000 whichever is the lesser, to meet the liability 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 established by any one of,
or a combination of, the following methods acceptable to the Presi-
dent: (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 busi-
ness in the United States.
" (#) The provisions of paragraph (1) of this subsection shall be ef-
fective April 3,1971, with respect to oil and one year after the date of
enactment of this section with respect to hazardous substances. 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 enactment 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 claim-ant, and which would have been available to
him if an action had been brought against him by the owner or
operator.
" (4) Any oivner or operator of a vessel subject to this subsection,
who fails to comply with the provisions of this subsection or any reg-
ulation issued thereunder, shall be subject to a fine of not more than
$10,000. ' [p. 61]
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WATER—STATUTES AND LEGISLATIVE HISTORY 689
"(5) The Secretary of the Treasury may refuse the clearance re-
quired by section 4197 of the Revised Statutes of the United /States, as
amended (4. U.S.C, 91), to any vessel subject to this subsection, which
does not have evidence furnished by the President that the financial
responsibility provisions of paragraph (1} of this subsection have been
complied with.
"(6?) The Secretary of the Department in which the Coast Guard
is operated may (A) deny entry to any port or place in the United
States or the navigable waters of the United States, to, and (B) detain
at the port or place in the United States from, which it is about to de-
part for any other port or place in the United States, any vessel sub-
ject to this subsection, which upon request, does not produce evidence
furnished by the President that the financial responsibility provisions
of paragraph (1) of this subsection have been complied with.
"MARINE SANITATION DEVICES
"SEC. 312. (a) For the purpose of this section, the term—
"(1) 'new vessel"1 includes every description of watercraft or
other artificial contrivance used, or capable of being used, as a
means of transportation on the navigable waters, the construction
of which is initiated after promulgation of standards and. regula-
tions under this section;
"(#) ''existing vessel1 includes every description of watercraft
or other artificial contrivance used, or capable of being used, ys a
means of transportation on the navigable waters, the construction
of which is initiated before promulgation of standards and regu-
lations 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'1 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 device1 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) 'manufacturer1 means arty person engaged in the manu-
facturing, assembling, or importation of marine sanitation devices
or of vessels subject to standards
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690 LEGAL COMPILATION—SUPPLEMENT I
tor, after consultation with the Secretary of the department in which
the Coast Guard is operating, after giving appropriate consideration
to the economic costs involved, and within the limits of available tech-
nology, shall promulgate Federal standards of performance for ma-
rine sanitation devices (hereafter in this section referred to as ''stand-
ards'') which shall be designed to prevent the discharge of untreated
or inadequately treated sewage into or upon the navigable waters from
new vessels and existing vessels, except vessels not equipped with in-
stalled toilet facilities. Such standards shall be consistent with mari-
time 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 operat-
ing. The Secretary of the department in which the Coast Guard is
operating shall promulgate regulations, vvhich are consistent 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 sanita-
tion 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
ivith 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 stand-
ards and regulations shall be effective upon promulgation, unl-ess an-
other effective date is specified, except that no revision shall take ef-
fect before the effective date of the standard or regulation being
revised.
"(%) 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 Administrator, may distinguish
among classes, type, and sizes of vessels as well as betiveen new and
existing vessels, and may waive applicability of standards and regula-
tions 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 section), and, upon application, for individual vessels.
" (d) The provisions of this section and the standards and regula-
tions 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 ves-
sels owned and operated by the Department of Defense, regulations
under the last sentence of subsection (b)(l) of this section and certi-
fications under subsection (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
promulgated, the Administrator 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 Sec-
[p. 63]
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WATER—STATUTES AND LEGISLATIVE HISTORY 691
retary of Defense; the Secretary of the Treasury; the Secretary of
Commerce; other interested Federal agencies; and the States and in-
dustries interested; and otherwise comply with the requirements of
section 553 of title 5 of the United States Code.
"(/) (-0 After the effective date of the initial standards and regula-
tions promulgated under this section, no State or political subdivision
thereof shall adopt or enforce any statute or regulation of such State
or political subdivision with respect to the design, manufacture, or
installation or use of any marine sanitation device on any vessel sub-
ject to the provisions of this section.
"(£) //, after promulgation of the initial standards and regulations
and prior to their effective date, a vessel is equipped loith a marine
sanitation device in compliance with such standards and regulations
and the installation and operation of such device is in accordance with
such standards and regulations, such standards and regulations shall,
for the purposes of paragraph (1) of this subsection, become effec-
tive with respect to such vessel on the date of such compliance.
"(5) After the effective date of the initial standards and regula-
tions promulgated under this section, if any State determines that
the protection and enhancement of the quality of some or all of'the
waters within such State require greater environmental protection,
such State may completely prohibit the discharge from all vessels of
any sewage, whether treated or not. into such waters, except that no
such prohibition shall apply until the Administrator determines that
adequate facilities for the safe and sanitary removal and treatment
of sewage from all vessels are reasonably available for such water to
which such prohibition would apply. Upon application of the State,
the Administrator shall make such determination within 90 days of
the date of such application.
"(4) // the Administrator determines upon application by a State
that the protection and enhancement of the quality of specified waters
within such State requires such a prohibition, he shall by regulation
completely prohibit the discharge from a vessel of any sewage
(whether treated or not) into such waters.
"(
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692 LEGAL COMPILATION—SUPPLEMENT I
ments of maritime law or regulation, and after consideration of the
design, installation, operation, material, or other appropriate factors,
he shall certify the device. Any device manufactured by such manu-
facturer 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 Administrator
or the Secretary of the department in which the Coast Guard is operat-
ing may reasonably require to enable him to determine whether such
manufacturer 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 Administrator 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 Administra-
tor or 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 sec-
tion 1905 of title 18 of the United States Code shall be considered con-
fidential for the purpose of that section, except that such information
may be disclosed to other officers or employees concerned with carry-
ing -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 unlawful—
"(7) 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 cer-
tified pursuant to this section;
"(#) for any person, prior to the sale or delivery of a vessel
subject to such standards and regulations to the ultimate pur-
chaser, wrongfully to remove or render inoperative any certified
marine sanitation device or element of design of such device in-
stalled 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 re- •
quired 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) of this section and subsec-
tions (A) (1) through (3) of this section. Actions to restrain such vio-
lations shall be brought by, and in, the name of the United States. In
case of contumacy 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 application by the United States and after notice to such person,
[p. 65]
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WATER—STATUTES AND LEGISLATIVE HISTORY 693
shall have jurisdiction to issue an order requiring such person to ap~
pear and give testimony or to appear and produce documents, and any
failure to obey such order of the court may be punished by such court
as a contempt thereof.
"(j) Any person who violates subsection (g) (1) of this section 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 regu-
lation, issued pursuant to this section shall be liable to a, civil penalty
of not more thorn, $2,000 for each violation. Each violation shall be a
separate offense. The Secretary of the department in which the Coast
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 opportunity 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 attempting to achieve rapid compliance,
after notification of a violation, shall be considered by said Secretary.
"(&) The provisions of this section shall be enforced by the Sec-
retary 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 Adminis-
trator, other Federal agencies, or the States to carry out the provisions
of this section.
"(Z) 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 (#) execute
any warrant or other process issued by an officer or court of competent
jurisdiction.
" (m) In the case of Guam and the Trust Territory of the Pacific
Islands, 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.
"FEDERAL FACILITIES POLLUTION CONTROL
"/SEC. 313. Each department, agency, or instrumentality of the execu-
tive,^ legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged in
any activity resulting, or which may result, in the discharge or run-
off of pollutants shall comply with Federal, State, interstate, and
local requirements respecting control and abatement of pollution to
the same extent that any person is subject to such requirements, in-
cluding the payment of reasonable service charges. The President
may exempt any effluent source of any department, agency, or instru-
mentality in the executive branch from, compliance with any such a
requirement if he determines it to be in the paramount interest of the
[p. 66]
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694 LEGAL COMPILATION—SUPPLEMENT I
United States to do so,- except that no exemption may ~be granted from
the requirements of section 306 or 307 of this Act. No such exemption
shall be granted due to lack of appropriation unless the President
shall have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make avail-
able such requested appropriation. Any exemption shall be for a period
not in excess of one year, but additional exemptions may be granted
for periods of not to exceed one year upon the President's making a
new determination. The President shall report each January to the
Congress all exemptions from the requirements of this section granted
during the preceding calendar year, together with his reason for
granting such exemption.
"CLEAN LAKES
"Sec. SI If., (a) Each State shall prepare or establish, and submit to
the Administrator for his approval—
"(7) an identification and classification according to eutrophic
condition of all publicly owned fresh water lakes in such State;
"(#) procedures, processes, and methods (including land use
requirements), to control sources of pollution of such lakes; and
" (3) methods and procedures, in conjunction with appropriate
Federal agencies, to restore the quality of such lakes.
"(&) The Administrator shall provide financial assistance to States
in order to carry'out methods and procedures approved by him under
this section.
"(c) (/) The amount granted to any State for any fiscal year under
this section shall not exceed 70 per centum of the funds expended by
such State in such year for carrying out approved methods and pro-
cedures under this section.
"(8) There is authorized to be appropriated $50,000,000 for the
fiscal year ending June 30,1973; $100,000,000 for the fiscal year 1974;
and $150fiOOflOO for the fiscal year 1975 for grants to States under this
section which such sums shall remain available until expended. The
Administrator shall provide for an equitable distribution of such
sums to the States with approved methods and procedures under this
section.
"NATIONAL STUDY COMMISSION
"SEC. 315. (a) There is established a National Study Commission,
which shall make a full and complete investigation and study of all
of the technological aspects of achieving, and all aspects of the total
economic, social, and environmental effects of achieving or not achiev-
ing, the effluent limitations and goals set forth for 1983 in section
301(b) (2} of this Act.
"(b) Such Commission shall be composed of fifteen members, in-
cluding five members of the Senate, who are members of the Public
Works committee, appointed by the President of the Senate, five mem-
bers of the House, who are members of the Public Works committee.
appointed by the Speaker of the House, and five members of the public
appointed by the President. The Chairman of such Commission shall
be elected from among its members.
"(c) In the conduct of such study, the Commission is authorized to
contract with the National Academy of Sciences and the National
[p. 67]
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WATER—STATUTES AND LEGISLATIVE HISTORY 695
Academy of Engineering (acting through the National Research
Council), the National Institute of Ecology, BrooJcings Institution^ and
other nongovernmental entities, for the investigation of matters within
their competence.
"(d) The heads of the departments, agencies and instrumentalities
of the executive branch of the Federal Government shall cooperate
with the Commission in carrying out the requirements of this section,
and shall furnish to the Commission such information as the Commis-
sion deems necessary to carry out this section.
"(e) A report shall be submitted to the Congress of the results of
such investigation and study, together with recommendations, not later
than three years after the date of enactment of this title.
"(/) The members of the Commission who are not officers or em-
ployees of the United States, while attending conferences or meetings
of the Commission or while otherwise serving at the request nf the
Chairman shall be entitled to receive compensation at a rate not in
excess of the maximum rate of pay for grade GS-18, as provided in
the General Schedule under section 5332 of title V of the United States
Code, including traveltime 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. 73 b-&) for
persons in the Government service employed intermittently.
" (g) There is authorized to be appropriated, for use in carrying
out this section, not to exceed $15,000,000.
"THERMAL DISCHARGES
"Sec. 316. (a) With respect to any point source otherwise subject
to the provisions of section 301 or section 306 of this Act, whenever
the owner or operator of any such source, after opportunity for public
hearing, can demonstrate to the satisfaction of the Administrator (or,
if appropriate, the State) that any effluent limitation proposed for
the control of the thermal component of any discharge from such
source will require effluent limitations more stringent than necessary
to assure the protection and propagation of a balanced, indigenous
population of shellfish, fish, and wildlife in and on the body of water
into which the discharge is to be made, the Administrator (or, if ap-
propriate, the State) may impose an effluent limitation under such
sections for such plant, with respect to the thermal component of
such discharge (talking into account the interaction of such thermal
component with other pollutants), that will assure the protection
and propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in and on that body of water.
"(&) Any standard established pursuant to section 301 or section
306 of this Act and applicable to a point source shall require that the
location, design, construction, and capacity of cooling water intake
structures reflect the best technology available for minimizing adverse
environmental impact.
"(c) Notwithstanding any other provision of this Act, any point
source of a discharge having a thermal component, the modification
of which point source is commenced after the date of enactment of
the Federal Water Pollution Control Act Amendments of 1972 and
which, as modified, meets effluent limitations established under sec-
tion 301 or, if more stringent, effluent limitations established under
[p. 68J
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696 LEGAL COMPILATION—SUPPLEMENT I
section 303 and which effluent limitations will assure protection and
propagation of a balanced, indigenous population of shellfish, fish,
and wildlife in or on the water into which the discharge is made, shall
not be subject to any more stringent effluent limitation with respect
to the thermal component of its discharge during a ten year period
beginning on the date of completion of such modification or during
the period of depreciation or amortization of such facility for the
purpose of section 167 or 169 (or both) of the Internal Revenue Code
of 1954, whichever period ends first.
"FINANCING STUDY
"Sec. 317. (a) The Administrator shall continue to investigate and
study the feasibility of alternate methods of financing the cost of
preventing, controlling and abating pollution as directed in the Water
Quality Improvement Act of 1970 (Public Law 91-224], including,
but not limited to, the feasibility of establishing a pollution abatement
trust fund. The results of such investigation and study shall be reported
to the Congress not later than two years after enactment of this title,
together with recommendations of the Administrator for financing
the programs for preventing, controlling and abating pollution for
the fiscal years beginning after fiscal year 1976, including any neces-
sary legislation.
"(b) There is authorised to be appropriated for use in carrying out
this section, not to exceed $1,000,000.
"AQUACULTURE
"Sec. 318. (a) The Administrator is authorized, after public hear-
ings, to permit the discharge of a specific pollutant or pollutants under
controlled conditions associated with an approved aquaculture project
under Federal or State supervision.
"(5) The Administrator shall by regulation, not later than Janu-
ary 1,1974, establish any procedures and guidelines he deems necessary
to carry out this section.
'•'•TITLE IV—PERMITS AND LICENSES
"CERTIFICATION
"Sec. 401- (a) (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, 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 having jurisdiction over the navigable waters at the
point where the discharge originates or will originate', that any such
discharge will comply with the applicable provisions of sections 301,
302, 306, and 307 of this Act. In the case of any such actvoity for
which there is not an applicable effluent limitation or other limita-
tion under sections 301 (b} and 302, and there is not an applicable
standard under sections 306 and 307, the State shall so certify, ex-
cept that any such certification shall not be deemed to satisfy sec-
tion 511 (c) of this Act. Such State or interstate agency wall es-
[p. 69]
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WATER—STATUTES AND LEGISLATIVE HISTORY 697
tablish procedures for public notice in the case of all applications
for certification by it and, to the extent it deems appropriate,
procedures for public hearings in connection with specific applications.
In any case where a State or interstate agency ha-s no authority to
give such a certification, such certification shall be from the Adminis-
trator. If the State, interstate agency, or Administrator, 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 requirements of this sub-
section shall be viaived with respect to such Federal application. No
license or permit shall be granted until the certification required by
this section has been obtained or has been waived 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
Administrator, as the case may be.
"(#) Upon receipt of such application and certification the licens-
ing or permitting agency shall immediately notify the Administrator
of such application and certification. Whenever such a discharge may
affect, as determined, by the Administrator, the quality of the waters
of any other State, the Administrator within thirty days of the date
of notice of application 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 determines that such discharge will affect the quality of
its waters so as to -violate any water quality requirement in such State,
and within such sixty-day period notifies the Administrator and the
licensing or permitting agency in writing of its objection to the is-
suance of such license or permit and requests a public hearing on such
objection., the licensing or permitting agency shall hold such a hear-
ing. The Administrator shall at such hearing submit his evaluation
and recommendations with respect to any such objection to the licens-
ing or permitting agency. Such agency, based upon the recommenda-
tions of such State, the Administrator, and upon any additional evi-
dence, if any, presented to the agency at the hearing, shall condition
such license or permit in such manner as may be necessary to insure
compliance with applicable ivater quality requirements. If the imposi-
tion 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 op-
eration of such facility unless, after notice to the certifying State,
agency, or Administrator, 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 Administrator, notifies such aaency within sixty days after receipt
of such notice that there is no longer reasonable assurance that
there will be compliance with the applicable provisions of sections
301, 302, 306, and 307 of this Act because of changes since the con-
struction license or permit certification was issued in (A) the con-
struction or operation of the facility, (B) the characteristics of the
waters into which such discharge is made, (C) the water quality
[p. 70]
525-311 O - 13 - 6
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698 LEGAL COMPILATION—SUPPLEMENT I
criteria applicable to such waters or (D) applicable efjluent limitations
or other requirements. This paragraph shall ~be inapplicable 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 Administrator, with notice of any proposed changes in the con-
struction or operation of the facility with respect to which a construc-
tion license or permit has been granted, which changes may result
in violation of section 301, 302, 306, or 307 of this Act.
"(4} Prior to the initial operation of any federally licensed or
permitted facility or activity which may result in any discharge
into the navigable waters and with respect to which a certification
has been obtained pursuant to paragraph (1) of this subsection,
which facility or activity is not subject to a Federal operating li-
cense or permit, the licensee or permittee shall provide an oppor-
tunity for such certifying State, or, if appropriate, the interstate
agency or the Administrator to review the manner in which the fa-
cility or activity shall be operated or conducted for the purposes of
assuring that applicable effluent limitations or other limitations or
other applicable water quality requirements will not be violated. Upon
notification by the certifying /State, or if appropriate, the interstate
agency or the Administrator that the operation of any such federally
licensed or permitted facility or activity will violate applicable efflur
ent limitations or other limitations or other water quality require-
ments such Federal agency may, after public hearing, suspend such
license or permit. If such license or permit is suspended, it shall
remain suspended until notification is received from the certifying
State, agency, or Administrator, as the case m-ay be, that there is
reasonable assurance that such facility or activity will not violate
the applicable provisions of section 301, -302. 306. or 307 of this
Act.
"(J) Any Federal license or permit with respect to which a cer-
tification has been obtained under paragraph (1) of this subsection
may be suspended or revoked by the Federal agency issuing such
license or permit upon the entering of a judgment under this Act
that such facility or activity has been operated in violation of the
applicable provisions of section 301, 302, 306, or 307 of this Act.
(6) No Federal agency shall be deemed to be an applicant for
tJie purposes of this subsection.
"(7) Except with respect to a permit issued under section 402 of
this Act, in any case where actual construction of a facility has been
lawfully commenced prior to April 3, 1970, no certification shall be
required under this subsection for a license or permit issued after
April 3, 1970, to operate such facility, except that any such license
or permit issued without certification shall terminate April 3, 1973,
unless prior to such termination date the person having such license
or permit submits to the Federal agency which issued such license
or permit a certification and othenvise meets the requirements of this
section.
u(b) Nothing in this section shall be construed to limit the author-
ity of any department or agency pursuant to any other provision of
law to require compliance with any applicable water quality require-
ments. The Administrator shall, upon the request of any Federal
department or agency, or State or interstate agency, or applicant, pro-
[p. 71]
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WATER—STATUTES AND LEGISLATIVE HISTORY 699
vide, for the purpose of this section, any relevant information on
applicable effluent limitations, or other limitations, standards, reg-
ulations, or requirements, or water quality criteria, 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
limitations, standards, regulations, requirements, or criteria.
"(c) In order to implement the provisions of this section, the Secre-
tary of the Army, acting through the Chief of Engineers, is authorized,
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 per-
mittees, and to make an appropriate charge for such use. Moneys
received from such licensees or permittees shall lie deposited in the
Treasury as miscellaneous receipts.
"(d) Any certification provided under this section shall set
forth any effluent limitations and other limitations, and monitoring
requirements necessary to assure that any applicant for a Federal
license or pertnit will comply with any applicable effluent limitations
and other limitations, under section 301 or 302 of this Act, standard
of performance under section, 306 of this Act, or prohibition, effluent
standard, or pretreatment standard under section 307 of this Act, and
with any other appropriate requirement of State laid set forth in such
certification, and shall become a condition on any Federal license or
permit subject to the provisions of this section.
"NATIONAL POLLVTANT DISCHARGE ELIMINATION SYSTEM
"Site. 40^- (a) (1) Except as provided in sections 318 and 404 of this
Act, the Administrator may. after opportunity for public hearing,
issue a permit for the discharge of any pollutant, or combination of
pollutants, notwithstanding section 301 (a), upon condition that such
discharge will meet either all applicable requirements under sections
301, 30-2, 306, 307, 308, and 403 of this Act, or prior to the taking of
necessary implementing actions relating to all such requirements, such
conditions as the Administrator determines are necessary to carry out
the provisions of this Act.
"(#) The Administrator shall prescribe conditions for such pe>*mits
to assure compliance with the requirements of paragraph (1) of this
subsection, including conditions on data and information collection,
reporting, and such other requirements as he deems appropriate.
"(-5) The permit program of the Administrator under paragraph
(7) of this subsection, and permits issued thereunder, shall be subject
to the same terms, conditions, and requirements as apply to a State
permit program and permits issued thereunder under subsection (b)
of this section.
"(4) All permits for discharges into the navigable waters issued:
pursuant to section 13 of the Act of March 3,1899, shall be deemed to
be permits issued under this title, and permits issued under this title
shall be deemed to be permits issued under section 13 of the Act of
March 3. 1899. and shall continue in force and effect for their term
unless 'revoked, modified, or suspended in accordance with the pro-
visions of this Act.
"(5) No permit for a discharge into the navigable waters shall be
issued under section 13 of the Act of March 3,1899, after the date of
[p. ?2]
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700 LEGAL COMPILATION—SUPPLEMENT I
enactment of this title. Each application for a permit wider section
13 of the Act of March 3, 1899, pending on the date of enactment of
this Act shall be deemed to ~be am, application for a permit under this
section. The Administrator shall authorise a State, which he deter-
mines has the capability of administering a permit program which
will carry out the objective of this Act, to issue permits for discharges
into the navigable waters within the jurisdiction of such State. The
Administrator may exercise the authority granted him by the pre-
ceding sentence only during the period which begins on the date of
enactment of this Act and ends either on the ninetieth day after the
date of the first promulgation of guidelines required by section
304-(h) (2) of this Act, or the date of approval by the Administrator
of a permit program for such State under subsection (b) of this sec-
tion, whichever, date first occurs, and no such authorization to a State
shall extend beyond the last day of such period. Each such permit
shall be subject to such conditions as the Administrator determines
are necessary to carry out the provisions of this Act. No such permit
shall issue if the A dministrator objects to such issuance.
"(6) At any time after the promulgation of the guidelines required
by subsection (h) (2) of section 304 of this Act, the Governor of each
/State desiring to administer its own permit program for discharges
into navigable waters within its jurisdiction may submit to the Ad-
ministrator a full and complete description of the program it proposes
to establish and administer under State law or under an interstate
compact. In addition, such State shall submit a statement from the
attorney general (or the attorney for those State water pollution con-
trol agencies which have independent legal counsel), or from the
chief legal officer in the case of an interstate agency, that the laws
of such State, or the interstate compact, as the case may be, provide
adequate authority to carry out the described program. The Admin-
istrator shall approve each such submitted program unless he deter-
mines that adequate authority does not exist:
"(-7) To issue permits which—
"(A) apply, and insure compliance with, any applicable re-
quirements of, sections 301, 302, 306, 307, and JfOS;
" (B) are for fixed terms not exceeding five years; and
" (C) can be terminated or modified for cause including, but not
limited to, the following:
"(*') violation of any condition of the permit;
"(ii) obtaining a permit by misrepresentation, or failure
to disclose fully all relevant facts;
"(m) change in any condition that requires either a tempo-
rary or permanent reduction or elimination of the permitted
discharge;
11 (D) control the disposal of pollutants into wells;
" (2) (A) To issue permits which apply, and insure compliance with,
all applicable requirements of section 308 of this Act, or
"(B) To inspect, monitor, enter, and require reports to at least the
same extent as required in section 308 of this Act;
"(
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WATER—STATUTES AND LEGISLATIVE HISTORY 701
"(4) To insure that the Administrator receives notice of each ap-
plication (including a copy thereof) for a permit;
"(5) To insure that any State (other than the permitting State),
lohose waters may be affected by the issuance of a permit may submit
written recommendations to the permitting State (and the Adminis-
trator) ivith respect to any permit application and, if any part of
such written recommendations are not accepted by the permitting
State, that the permitting State will notify such affected State (and the
Administrator) in writinq of its failure to so accept such recommenda-
tions together with its reasons for so doing;
"(4 (h} (#) of this Act.
"(3) Whenever the Administrator determines after public hearing
that a State is not administering a program approved under this sec-
tion in accordance with requirements of this section, he shall so notify
the State and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days, the Administrator shall
withdraw approval of such program. The Administrator shall not
[p. 74]
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702 LEGAL COMPILATION—SUPPLEMENT I
withdraw approval of any such program unless he shall first have
notified the State, and made public, in writing, the reasons for such
withdrawal.
"(d) (1) Each State shall transmit to the Administrator a copy of
each permit application received ~by such State and provide notice to
the Administrator of every action related to the consideration of such
permit application, including each permit proposed to he issued by
such State.
"(#) No permit shall issue (A} if the Administrator within, ninety
days_ of the- date of his notification under subsection (b)'(5) of this
section objects in writing to the issuance of such permit, or (B) if
the Administrator within ninety days of the date of transmittal of the
proposed- permit by the State objects in writing to the issuance of
such permit as being outside the guidelines and requirements of this
Act.
"(
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WATER—STATUTES AND LEGISLATIVE HISTORY 703
cember 31, 1974, in any case where a permit for discharge has been ap-
plied for pursuant to this section, but final administrative disposition
of such application has not been made, such discharge shall not be a
-violation of (1) section 301, 306. or 402 of this Act, or (2) section 13
of the Act of March 3,1899, unless the Administrator or other plain-
tiff proves that final administrative disposition of such application has
not been made because of the failure of the applicant to furnish infor-
;• .ation reasonably required or requested in order to process the applica-
tion. For the 180-day period beginning on the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972, in the case
of any point source discharging any pollutant or combination of pol-
lutants immediately prior to such date of enactment which source is
not subject to section 13 of the Act of March 3.1899, the discharge by
such source shall not lie a violation of this Act if such a source applies
for a permit for discharge pursuant to this section within such 180-
day period.
"OCEAN DISCHARGE CRITERIA
"Sec. 403. (a) No permit under section 402 of this Act for a discharge
into tlie territorial sea, the luaters of the contiguous zone, or the oceans
shall be issued, after promulgation of guidelines established under sub-
section (c) of this section, except in compliance with such guidelines.
Prior to the promulgation of such guidelines, a. permit may be issued
under such section 402 if the Administrator determines it to be in the
public interest.
"(5) The requirements of subsection (d) of section 402 of this Act
may not be waived in the case of permits for discharges into the terri-
torial sea.
"(c) (1) The Administrator shall, within one hundred and eighty
days after enactment of this Act (and from time to time thereafter],
promulgate guidelines for determining the degradation of the waters
of the territorial seas, the contiguous zone, and the oceans, which shall
include :
"(A) the effect of disposal of pollutants on human health or
welfare, including but not limited to plankton, fish, shellfish, wild-
life, shorelines, and beaches;
"(#) the effect of disposal of pollutants on marine life includ-
ing the transfer, concentration, and dispersal of pollutants or their
byproducts through biological, physical, and chemical processes;
changes in marine ecosystem diversity, productivity, and stability;
and species and community population changes;
U(C) the effect of disposal, of pollutants on esthetic, recreation,
and- economic values;
"(Z>) the persistence and permanence of the effects of disposal
of pollutants;
ii(E) the effect of the disposal at varying rates, of particular
volumes and concentrations of pollutants;
"(F) other possible locations and methods of disposal or re-
cycling of pollutants including land-based alternatives; and
U(G) the effect on alternate uses of the oceans, such as mineral
exploitation and scientific study.
"(2) In any event inhere insufficient information exists on any pro-
posed discharge to make a reasonable judgment on any of the guide-
lines established pursuant to this subsection no permit shall be issued
under section 402 of this Act. _,
[p. 76J
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704 LEGAL COMPILATION—SUPPLEMENT I
"PERMITS FOR DREDGED OR FILL MATERIAL
"Sec. 404. (a) The Secretary of the Army, acting through the Chief
of Engineers, may issue permits, after notice and opportunity for pub-
lic hearings for the discharge of dredged or fill material into the navi-
gable waters at specified disposal sites.
"(b) Subject to subsection (c) of this section, each such disposal
site shall lie specified for each such permit by the Secretary of the Army
(1) through the application of guidelines developed by the Adminis-
trator, in conjunction with the /Secretary of the Army, which guide-
lines shall be based upon criteria comparable to the criteria applicable
to the territorial seas, the contiguous zone, and the ocean under section
403(c), and (2) in any case where such guidelines under clause (1)
alone would prohibit the specification of a site, through the applica-
tion additionally of the economic impact of the site on navigation and
anchorage.
"(c) The Administrator is authorized to prohibit the specification
(including the withdrawal of specification) of any defined area as a
disposal site, and he is authorized to deny or restrict the use of any de-
fined area for specification (including the withdrawal of specification)
as a disposal site, whenever he determines, after notice and opportunity
for public hearings, that the discharge of such materials into such
area will have an unacceptable adverse effect on municipal water sup-
plies, shellfish beds and fishery'areas (including spawning and breed-
ing areas), wildlife, or recreational areas. Before making such deter-
mination, the Administrator shall consult with the Secretary of the
Army. The Administrator shall set forth in writing and make public
his findings and his reasons for making any determination under this
subsection.
"DISPOSAL OF SEWAGE 8LVDOE
"Sec. 405. (a) Notwithstanding any other provision of this Act or
of any other law, in any case where the disposal of sewage sludge
resulting from the operation of a treatment works as defined in section
212 of this Act (including the removal of in-place sewage sludge from
one location and its deposit at another location) would result in any
pollutant from siich sewage sludge entering the navigable waters, such
disposal is prohibited except in accordance with a permit issued by
the Administrator under this section.
"(5) The Administrator shall issue regulations governing the issu-
ance of permits for the disposal of sewage sludge subject to this sec-
tion. Such regulations shall require the application to such disposal
of each criterion, factor, procedure, and requirement applicable to a
permit issued under section lf>% of this title, as the Administrator
determines necessary to carry out the objective of this Act.
"(c) Each State desiring to administer its own permit program,
for disposal of sewage sludge within its jurisdiction may do so if upon
submission of such program the Administrator determines such pro-
gram is adequate to carry out the objective of this Act.
"TITLE V—GENERAL PROVISIONS
"ADMINISTRATION
"SEC. 501. (a) The Administrator is authorised to prescribe such
regulations as are necessary to carry out his functions under this Act.
"(&) The Administrator, with the consent of the head of any other
[p. 77]
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WATER—STATUTES AND LEGISLATIVE HISTORY 705
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) Each recipient of financial assistance under this Act sJiaU
keep such records as the Administrator shall prescribe, including rec-
ords which fully disclose the amount and disposition by such recipient
of the proceeds of such assistance, the total cost of the project or un-
dertaking in connection with which such assistance is given or used,
and the amount of that portion of the cost of the project or under-
taking supplied by other sources, and such other records as will facili-
tate an effective audit.
" (d) The Administrator and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have ac-
cess, for the purpose of audit and examination, to any books, docu-
ments, papers, and records of the recipients that are pertinent to the
grants received under this Act.
" (e) (1} It is the purpose of this subsection to authorize a program
which will provide official recognition by the United States G-overn-
ment to those industrial organisations 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 Ad-
ministrator shall, in consultation with the appropriate State water
pollution control agencies, 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 icater quality require-
ments under this Act, or othenvise does not have a satisfactory record
with respect to environmental quality.
" (#) The Administrator shall award a certificate or plaque of suit-
able design to each industrial organization or political subdivision
which qualifies for such recognition under regulations established un-
der this subsection.
u(3) The President of the United States, the Governor of the ap-
propriate State, the Speaker of the House of Representatives, and the
President pro tempore of the Senate shall be notified of the award by
the Administrator and the awarding of such recognition shall be pub-
lished in the Federal Register.
" (/) Upon the request of a State water pollution control agency, per-
sonnel of the Environmental Protection Agency may be detailed to
such agency for the purpose of carrying out the provisions of this Act.
"GENERAL DEFINITIONS
"Sec. 502. Except as otherwise specifically provided, when used in
this Act:
"(./) The term ''State water pollution control agency"1 means the
State agency designated by the Governor having responsibility for
enforcing State laws relating to the abatement of pollution.
" (#) The term 'interstate agency' means an agency of two or more
States established by or pursuant to an agreement or compact approved
by the Congress, or any other agency of two or more States, having
substantial powers or duties pertaining to the control of pollution as
determined and approved by the Administrator. r ^ ,
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706 LEGAL COMPILATION—SUPPLEMENT I
" (3) The term 'State1 means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Trust Territory of the Pacific Islands.
"(4) The term 'municipality'' means a city, town, borough, county,
parish, district, association, or other public body created by or pur-
suant to State law and having jurisdiction over disposal of sewage,
industrial wastes, or other wastes, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved management
agency under sectoin^OS of this Act. •
"(5) The term 'person1 means an individual, corporation, partner-
ship, association, State, municipality, commission, or political subdi-
vision of a State, or any interstate body.
" (6) The term 'pollutant1 means dredged spoil, solid waste, incinera-
tor residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal,
and agricultural waste discharged into water. This term does not
mean (A) 'sewage from vessel within the meaning of section 312 of
this Act,' or (B) water, gas, or other material which is injected into a
well to facilitate production of oil or gas, or water derived in asso-
ciation with oil or gas production and disposed of in a well, if the
well used either to facilitate production or for disposal purposes is ap-
proved by authority of the State in which the well is located, and if
such State determines that such injection or disposal will not result in
the degradation of ground or surface water resources.
" (7) The term 'navigable waters' means the waters of the United
States, including the territorial seas.
" (8) The term 'territorial seas'1 means the belt of the seas measured
from the line of ordinary low water along that portion of the coast
which is in direct contact with the open sea and the line marking the
seaward limit of inland waters, and extending seaward a distance of
three miles.
" (9) The term 'contiguous zone"1 means the entire zone established
or to be established by the United States under article %4. of the Con-
vention of the Territorial Sea and the Contiguous Zone.
" (10) The term 'ocean1 means any portion of the high seas beyond the
contiguous zone.
" (11) The term 'effluent limitation1 means any restriction established
by a State or the Administrator on quantities, rates, and concentrations
of chemical, physical, biological, and other constituents which are dis-
charged from point sources into navigable waters, the waters of the
contiguous zone, or the ocean, including schedules of compliance.
" (12) The term 'discharge of a pollutant1 and the term 'discharge of
pollutants' each means (A) any addition of any pollutant to navigable
waters from any point source, (B) any addition of any pollutant to the
waters of the contiguous zone or the ocean from any point source other
than a vessel or other floating craft.
"(13) The term 'toxic pollutant' means those pollutants, or com-
binations of pollutants, including disease-causing agents, which after
discharge and upon exposure, ingestion, inhalation or assimilation into
any organism, either directly from the environment or indirectly by
ingestion through food chains, will, on the basis of information avail-
able to the Administrator, cause death, disease, behavioral abnormali-
[p. 79]
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WATER—STATUTES AND LEGISLATIVE HISTORY 707
ties, cancer, genetic mutations, physiological malfunctions (including
malfunctions in reproduction) or physical deformations, in such
organisms or their offspring.
"(14) The term '•point source'' means any discernible, confined and
discrete conveyance, including l>ut not limited to any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged.
"(15) The term 'biological monitoring'1 shall mean the determina-
tion of the effects on aquatic life, including accumulation of pollut-
ants in tissue, in receiving waters due to the discharge of pollutants
(A) by techniques and procedures, including sampling of organisms
representative of appropriate levels of the food chain appropriate to
the volume and the physical, chemical, and biological characteristics
of the effluent, and (B) at appropriate frequencies and locations.
" (16) The term 'discharge' when used without qualification includes
a discharge of a pollutant, and a discharge of pollutants.
"(17) The term 'schedule of compliance'' means a schedule of re-
medial measures including an enforceable sequence of actions or op-
erations leading to compliance with an effluent limitation, other lim-
itation, prohibition, or standard.
"(18) The term 'industrial user'1 means those industries identified
in the Standard Industrial Classification Manual, Bureau of the
Budget, 1967, as amended and supplemented, under the category 'Di-
vision D—Manufacturing'' and such other classes of significant waste
producers as, by regulation, the Administrator deems appropriate.
(19) The term 'pollution1 means the man-made or man-induced
alteration of the chemical, physical, biological, and radiological inte-
grity of water.
"WATER POLLUTION CONTROL ADVISORY BOARD
"SEC. 503. (a) (1) There is hereby established in the Environmental
Protection Agency a Water Pollution Control Advisory Board, com-
posed of the Administrator or his designee, who shall be Chairman, and
nine members appointed by the President, none of whom shall be
Federal officers or employees. The appointed members, having1 due
regard for the purposes of this Act. shall be selected from among rep-
resentatives of various State, interstate, and local governmental agen-
cies, of public or private interests contributing to, affected by, or con-
cerned with pollution, and of other public and private agencies, orga-
nizations, or groups demonstrating an active interest in the field of
pollution prevention and control, as well as other individuals who are
expert in this field.
" (#) (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 pi^ior 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 folloivs: 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 (Hi) the term of any member under
[p. 80]
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708 LEGAL COMPILATION—SUPPLEMENT I
the preceding provisions shall ~be extended until the date on which his
successor's appointment is effective. None of the members appointed l>y
the President shall be eligible for reappointment within one year after
the end of his preceding term.
" (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 Administrator,
shall be entitled to receive compensation at a rate to lie fixed by the Ad-
ministrator, but not exceeding $100 per diem, including traveltime, 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 V.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 Administrator on matters of policy relating to the activ-
ities and functions of the Administrator under this Act.
"(c) Such clerical and technical assistance as may be necessary to
discharge the duties of the Board shall be provided from, the personnel
of the Environmental Protection Agency.
"EMERGENCY POWERS
"SEC. 504- Notwithstanding any other provision of this Act, the
Administrator upon receipt of evidence that a pollution source or
combination of sources is presenting an imminent and substantial en-
dangerment to the health of persons or to the ivelfare of persons where
such endangerment is to the livelihood of such persons, such as inabil-
ity to market shellfish, may bring suit on behalf of the United States
in the appropriate district court to immediately restrain any person
causing or contributing to the alleged pollution to stop the discharge
of pollutants causing or contributing to such pollution or to take such
other action as may be necessary.
"CITIZEN SUITS
"Sec. 505. (a) Except as provided in subsection (b) of this section,
any citizen may commence a civil action on his own behalf—
"(7) against any person (including (i) the United States, and
(ii) any other governmental instrumentality or agency to the ex-
tent permitted by the eleventh amendment to the Constitution)
who is alleged to be in violation of (A) an effluent standard or lim-
itation under this Act or (B) an order issued by the Administrator
or a State with respect to such a standard or limitation, or
"(£) against the Administrator where there is alleged a fail-
ure of the Administrator to perform any act or duty under this
Act which is not discretionary with the Administrator.
The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce such
an effluent standard or limitation, or such an order, or to order the Ad-
ministrator to perform such act or duty, as the case may be, and to
apply any appropriate civil penalties under section 309(d) of this Act.
" (b) No action may be commenced—
"(/) under subsection (a) (1) of this section—
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WATER—STATUTES AND LEGISLATIVE HISTORY 709
" (A) prior to sixty days after the plaintiff has given notice
of the alleged violation (i) to the Administrator, (ii) to the
State in which the alleged violation occurs, and (Hi) to any
alleged violator of the standard, limitation, or order, or
"(B) if the Administrator or State has commenced and is
diligently prosecuting a civil or criminal action in a court
of the United States, or a State to require compliance with the
standard, limitation, or order, but in any such action in a court
of the United States any citizen may intervene as a matter
of right.
" (2) under subsection (a) (£) of this section prior to sixty days
after the plaintiff has given notice of such action to the Admin-
istrator,
except that such action may be brought immediately after such noti-
fication in the case of an action under this section respecting a violation
of sections 306 and 307(a) of this Act. Notice under this subsection
shall be given in such manner as the Administrator shall prescribe by
regulation.
"(c) (1) Any action respecting a violation by a discharge source of
an effluent standard or limitation or an order respecting such standard
or limitation may be brought under this section only in the judicial
district in ivhich such source is located.
" (2) In such action under this section, the Administrator, if not a
party, may intervene as a matter of right.
" (d) The court, in issuing any final order in any action brought pur-
suant to this section, may award costs of litigation (including reason-
able attorney and expert witness fees) to any party, whenever the
court determines such award is appropriate. The court may, if a tem-
porary restraining order or preliminary injunction is sought, require
the filing of a bond or equivalent security in accordance with the Fed-
eral Rules of Civil Procedure.
"(e) Nothing in this section shall restrict any right which any per-
son (or class of persons) may have under any statute or common law
to seek enforcement of any effluent standard or limitation or to seek
any other relief (including relief against the Administrator or a State
agency).
" (/) For purposes of this section, the term '•effluent standard or limi-
tation under this Acf means (1) effective July 1,1973, an unlawful act
under subsection (a) of section 301 of this Act; (2) an effluent limita-
tion or other limitation under section 301 or 302 of this Act; (3) stand-
ard of performance under section 306 of this act; (4) prohibition, efflu-
ent standard or pretredtment standards under section 307 of this Act;
(5) certification under section 40J of this Act; or (6) a permit or con-
dition thereof issued under section If)® of this Act, which is in effect
under this Act (including a requirement applicable by reason of sec-
tion 313 of this Act).
" (g) For the purposes of this section the term '•citizen' means a per-
son or persons having an interest which is or may be adversely affected.
" (h) A Governor of a State may commence a civil action under sub-
section (a), without regard to the limitations of subsection (b) of this
section^ against the Administrator where there is alleged a failure of
the Administrator to enforce an effluent standard or limitation under
[p. 82]
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710 LEGAL COMPILATION—SUPPLEMENT I
this Act the violation of which is occurring in another State and is
causing an adverse effect on the public health or welfare in his State, or
is causing a violation of any water quality requirement in his State.
"APPEARANCE
"/SEC. 506. The Administrator shall request the Attorney General to
appear and represent the United States in any civil or criminal action
instituted under this Act to which the Administrator is a party. Unless
tlie Attorney General notifies the Administrator within a reasonable
time, that he will appear in a civil action, attorneys who are officers or
employees of the Environmental Protection Agency shall appear and
represent the United States in such action.
"EMPLOYEE PROTECTION
U/SEC. 507. (a) No person shall fire, or in any other way discriminate
against, or cause to be fired or discriminated against, any employee or
any authorized representative of employees by reason of the fact that
such employee or representative lias filed, instituted, or caused to lie
filed or instituted any proceeding under this Act, or has testified or is
about to testify in any proceeding resulting from the administration
or enforcement of the provisions of this Act.
"(o) Any employee or a representative of employees who believes
that he has been fired or otherwise discriminated against by any per-
son in violation of subsection (a) of this section may, within, thirty
days after such alleged violation occurs, apply to the Secretary of
Labor for a review of such firing or alleged discrimination. A copy of
tfie application shall be sent to such person who shall be the respondent.
Upon receipt of such application, the Secretary of Labor shall cause
such investigation to be made as he deems appropriate. Such investiga-
tion shall provide an opportunity for a public hearing at the request
of any party to such review to enable the parties to present information
relating to such alleged violation. The parties shall be given written
notice of the time and place of the hearing at least five days prior to
the hearing. Any such hearing shall be of record and shall be subject
to section 564 °f title 5 of the United States Code. Upon receiving the
report of such investigation, the Secretary of Labor shall make find-
ings of fact. If he finds that such violation did occur, he shall issue a
decision, incorporating an order therein and his findings, requiring the
party committing such violation to take such affimative action to abate
the violation as the Secretary of Labor deems appropriate, including,
but not limited to, the rehiring or reinstatement of the employee 'or
representative of employees to his former position with compensation.
If he finds that there was no such violation, he shall issue an order
denying the application. Such order issued by the Secretary of Labor
under this subparagraph shall be subject to judicial review in the same
manner as orders and decisions of the Administrator are subject to
judicial review under this Act.
"(c) Whenever an order is issued under this section to abate such
violation, at the request of the applicant, a sum equal to the aggregate
amount of all costs and expenses (including the attorney^ fees), as
determined by the Secretary of Labor, to have been reasonably incurred
[p. 83]
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WATER—STATUTES AND LEGISLATIVE HISTORY 711
by the applicant for, or in connection with, the institution and prosecu-
tion of such proceedings, shall be assessed against the person commit-
ting such violation.
"(e?) This section shall have no application to any employee who,
acting without direction from his employer (or his agent) deliberately
violates any prohibition of effluent limitation or other limitation under
section 301 or 302 of this Act, standards of performance under sec-
tion 306 of this Act, effluent standard, prohibition or pretreatment
standard under section 307 of this Act, or any other prohibition or
limitation established under this Act.
"(e) The Administrator shall conduct continuing evaluations of
potential loss or shifts of employment which may result from the is-
suance of any effluent limitation or order under this Act, including^,
where appropriate, investigating threatened plant closures or reduc-
tions in employment allegedly resulting from such limitation or order.
Any employee who is discharged or laid-off, threatened with discharge
or lay-off, or otherwise discriminated against by any person because of
the alleged results of any effluent limitation or order issued under this
Act, or any representative of such employee, may request the Admin-
istrator to conduct a full investigation of the matter. The Administra-
tor shall thereupon investigate the matter and, at the request of any
party, shall hold public hearings on not less than five days notice, and
shall at such hearings require the parties, including the employer in-
volved, to present information relating to the actual or potential effect
of such limitation or order on employment and on any alleged dis-
charge, lay-off, or other discrimination and the detailed reasons or
justification therefor. Any such hearing shall be of record and shall
be subject to section 554 of title 5 of the United States Code. Upon
receiving the report of such investigation, the Administrator shall
make findings of fact as to the effect of such effluent limitation or
order on employment and on the alleged discharge, lay-off, or discrim-
ination and shall make such recommendations as he deems appro-
priate. Such report, findings, and recommendations shall be available
to the public. Nothing in this subsection shall be construed to require
or authorize the Administrator to modify or withdraio any effluent
limitation or order issued under this Act.
"FEDERAL PROCUREMENT
"Sec. 508. (a) No Federal agency may enter into any contract with
any person, who has been convicted of any offense under section 309
(c) of this Act, for the procurement of goods, materials, and services
if siwh contract is to be performed at any facility at which the viola-
tion which gave rise to such conviction occurred, and if such facility is
owned, leased, or supervised by such person. The prohibition in the
preceding sentence shall continue until the Administrator certifies
that the condition giving rise to such conviction has been corrected.
"(5) The Administrator shall establish procedures to provide all
Federal agencies with the notification necessary for the purposes of
subsection (a) of this section.
"(c) In order to implement the purposes and policy of this Act to
protect and enhance the quality of the Nation's water, the President
[p. 84]
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712 LEGAL COMPILATION—SUPPLEMENT I
shall, not more than one hundred and eighty days after enactment of
this Act, cause to lie issued an order (1) requiring each Federal agency
authorized to enter into contracts and each Federal agency which is
empowered to extend Federal assistance by way of grant, loan, or con-
tract to effectuate the purpose and policy of this Act in such contract-
ing or assistance activities, and (2) setting forth procedures, sanctions,
penalties, and such other provisions, as the President determines neces-
sary to carry out such requirement.
"(d) The President may exem.pt any contract, loan, or grant from
all or part of the provisions of this section where he determines such
exemption is necessary in the paramount interest of the United States
and he shall notify the Congress of such exemption.
"(e) The President shall annually report to the Congress on meas-
ure* taken in complia.nce with the purpose and intent of this section,
including, l>ut not limited to, the progress and problems associated unth
such compliance.
"ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
"Ssc. 509. (a) (1) For purposes of obtaining information under sec-
tion 305 of this Act, or carrying out section 507(e) of this Act, the
Administrator may issue subpenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and documents,
and he may administer oaths. Except for effluent data, upon a showing
satisfactory to the Administrator that such papers, books, documents,
or information or particular part thereof, if made public, would di-
vulge trade secrets or secret processes, the Administrator shall consider
such record, report, or information or particular portion thereof con-
fidential in, accordance ivith the purposes of section 1905 of title 18 of
the United States Code, except that such paper, book, document, or
in formation may be disclosed to other officers, employees, or authorized
representatives of the United States concerned with carrying out this
Act, or wJien relevant in any proceeding under this Act. Witnesses
summoned shall be paid the same fees and mileage that are paid wit-
nesses in the courts of the United States. In case of contumacy or re-
fusal 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 application by
the United States and after notice to such person, shall have jurisdic-
tion to issue an order requiring such person to appear and give testi-
mony before the Administrator, to appear and produce papers, books,
and documents before the Administrator, or both, and any failure to
obey such order of the court may be punished by such court as a con-
tempt thereof.
"(#) The district courts of the United States are authorized, upon
application by the Administrator, to issue subpenas for attendance and
testimony of -witnesses and the production of relevant papers, books,
and documents, for purposes of obtaining information, under sections
304(b) and (c) of this Act. Any papers, books, documents, or other
information or part thereof, obtained by reason of such a subpena
shall be subject to the same requirements as are provided in t>aragraph
(I) of this subsection. r gg-i
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WATER—STATUTES AND LEGISLATIVE HISTORY 713
"(6) (/) Re-view of the Administrator's action (A) in promulgating
any standard of performance under section 306, (B) in making any
determination pursuant to section 306(b) (1) (C), (C) in promulgat-
ing any effluent standard, prohibition, or treatment standard under
section 307, (D) in making any determination as to a State permit
program submitted under section 4^(b), (E) in approving or pro-
mulgating any effluent limitation or other limitation under section
301, 302, or 306, and (F) in issuing or denying any permit under sec-
tion 402, may be had by any interested person in the Circuit Court of
Appeals of the United States for the Federal judicial district in which
such person resides or transacts siwh business upon application by
such person. Any such application shall be made within ninety days
from the date of such determination, approval, promulgation, issuance
or denial, or after such date only if such application is based solely on
grounds which arose after such ninetieth day.
"(3) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) of this subsection shall
not be subject to judicial review in any civil or criminal proceeding for
enforcement.
"(c) In any judicial proceeding brought under subsection (b) of
this section in which review is sought of a determination under this
Act required to be made on the record after notice and opportunity
for hearing, if any party applies to the court for leave to adduce addi-
tional evidence, and shows to the satisfaction of the court that such
additional evidence is material and that there were reasonable grounds
for the failure to adduce such evidence in the proceeding before the
Administrator, the court may order such additional evidence (and
evidence in rebuttal thereof) to be taken before the Administrator, in
such manner and upon such terms and conditions as the court may
deem proper. The Administrator may modify his -findings as to the
facts, or make neio findings, by reason of the additional evidence so
taken and he shall file such modified or new findings, and his recom-
mendation, if any, for the modification or setting aside of his original
determination, with the return of such additional evidence.
"STATE AVTHORITY
"Sec. 510. Except as expressly provided in this Act, nothing in this
Act shall (1) preclude or deny the right of any State or political sub-
division thereof or interstate agency to adopt or enforce (A) any
standard or limitation respecting discharges of pollutants, or (B) any
requirement respecting control or abatement of pollution,- except that
if an effluent limitation, or other limitation, effluent standard, prohibi-
tion, pretreatment standard, or standard of performance is in effect un-
der this Act, such State or political subdivision or interstate agency
may not adopt or enforce any effluent limitation, or other limitation,
effluent standard, prohibition, pretreatment standard, or standard of
performance which is less stringent than the effluent limitation, or other
limitation, effluent standard, prohibition, pretreatment standard, or
standard of performance under this Act; or (2) be construed as impair-
ing or in any manner affecting any right or jurisdiction of the States
with respect to the waters (including boundary waters) of such States.
[p. 86]
525-311 O - 73 - 1
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714 LEGAL COMPILATION—SUPPLEMENT I
"OTHER AFFECTED AUTHORITY
"Sec. 511. (a) This Act shall not be construed as (1) limiting the
authority or functions of any officer or agency of the United States
under any other law or regulation not inconsistent with this Act; (2)
affecting or impairing the authority of the Secretary of the Army
(A) to maintain navigation or (B) under the Act of March 3, 1899
(30 Stat. 1112); except that any permit issued under section 404 of
this Act shall be conclusive as to the effect on water quality of any
discharge resulting from any activity subject to section 10 of the Act
of March 3, 1899, or (3) affecting or impairing the provisions of any
treaty of the United States.
"(£) Discharges of pollutants into the navigable waters subject to
the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.SjO. 421)
and the Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.O.
441-451b) shall be regulated pursuant to this Act, and not subject
to such Act of 1910 and the Act of 1888 except as to effect on naviga-
tion and anchorage.
"(
-------
WATER—STATUTES AND LEGISLATIVE HISTORY 715
immediate locality, as determined by the Secretary of Labor, in ac-
cordance with th-e Act of March 3, 1931, as amended, knoion as the
Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., sec. %76a through 276a-5).
The Secretary of Labor shall have, with respect to the labor standards
specified in this subsection, the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section
2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C.
me).
"PUBLIC HEALTH AGENCY COORDINATION
"Sec. 5H. The permitting agency under section 402 shall assist the
applicant for a permit under such section in coordinating the require-
ments of this Act with those of the appropriate public health agencies.
"EFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY
COMMITTEE
"Sec. 515. (a)(l) There is established on Effluent Standards and
Water Quality Information Advisory Committee, which shall be com/-
posed of a Chairman and eight members who shall ~be appointed by
the Administrator within sixty days after the date of enactment of
this Act.
" (2) All members of the Committee shall be selected from the scien-
tific community, qualified by education, training, and experience to
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716 LEGAL COMPILATION—SUPPLEMENT I
tee shall appoint such other employees as it deems necessary to exercise
and fulfil its powers and responsibilities. The compensation of all em-
ployees appointed by the Committee shall lie fixed in accordance with
chapter 51 and subchapter III of chapter 53 of title V of the United
States Code.
"(#) Members of the Committee shall be entitled to receive com-
pensation at a rate to lie fixed by the President but not in excess of the
maximum rate of pay for grade GS-18, as provided in the General
Schedule under section 6332 of title V of the United States Code.
"(«?) Five members of the Committee shall constitute a quorum, and
official actions of the Committee shall be taken only on the affirmative
vote of at least five members. A special panel composed of one or more
members upon order of the Committee shall conduct any hearing au-
thorized by this section and submit the transcript of such hearing to
the entire Committee for its action thereon.
"(e) The Committee is authorized to make such rules as are neces-
sary for the orderly transaction of its business.
"REPORTS TO CONaRESS
"/SEC. 516. (a) Within ninety days following the convening of each
session of Congress, the Administrator shall submit to the Congress
a report, in addition to any other report required 1>y this Act, on
measures taken toivard implementing the objective of this Act, in-
cluding, but not limited to, (1) the progress and problems associated
with developing comprehensive plans under section 102 of this Act,
areawide plans under section 208 of this Act, basin plans under section
209 of this Act, and plans under section 303(e) of this Act; (2) a
summary of actions taken and results achieved in the field of water
pollution control research, experiments, studies, and related matters by
the Administrator and other Federal agencies and by other persons
and agencies under Federal grants or contracts; (3) the progress
and problems associated with the development of effluent limitations
and recommended control techniques; (4) the status of State programs,
including a detailed summary of the progress obtained as compared
to that planned tinder State program plans for development and-
enforcement of ^oater quality requirements; (5) the identification
and status of enforcement actions pending or completed under such
Act during the preceding year; (6) the status of State, interstate, and
local pollution control programs established pursuant to, and assisted
by, this Act; (7) a summary of the results of the survey required to be
taken under section 210 of this Act; (8) his activities including recom-
mendations under sections 109 through 111 of this Act; and (9) all
reports and recommendations made by the Water Pollution Control
Advisory Board.
"(5) The Administrator, in cooperation with the States, including
water pollution control agencies and other water pollution control
planning agencies, shall make (1) a, detailed estimate of the cost of
carrying out the provisions of this Act; (2) a detailed estimate, 'bien-
nially revised, of the cost of construction of all needed publicly owned
treatment works in all of the States and cf the cost of construction of
[p. 89]
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WATER—STATUTES AND LEGISLATIVE HISTORY 717
all needed publicly owned treatment works in each of the States; (3}
a comprehensive study of the economic impact on affected units of gov-
ernment of the cost of installation of treatment facilities,' and (4) a
comprehensive analysis of the national requirements for and the cost
of treating municipal, industrial, and other effluent to attain the water
quality objectives as established by this Act or applicable State law.
The Administrator shall submit such detailed estimate and such com-
prehensive study of such cost to the Congress no later than February
10 of each odd-numbered year. 'Whenever the Administrator, pursuant
to this subsection, requests and receives an estimate of cost from a State,
he shall furnish copies of such estimate together with such detailed
estimate to Congress.
"GENERAL AUTHORIZATION
"Sec. 517. There are authorized to be appropriated to carry out this
Act, other than sections 104,105, 106,(a), 107, 108,112, 113,114,115,
206, 207, 208 (f) and (h), 209, 304, 311 (c), (d), (i), (I), and (k),314,
315, and 317, $250,000,000 for the fiscal year ending June 30, 1973,
$300,000,000 for the fiscal year ending June 30,1974, and $350,000,000
for the fiscal year ending June 30, 1975.
"SHORT TITLE
"Sec. 518. This Act may be cited as the 'Federal Water Pollution
Control Act\"
AUTHORIZATIONS FOR FISCAL YEAR 1972
SEC. 3. (a) There is authorized to be appropriated for the fiscal year
ending June 30, 1972, and to exceed $11,000,000 for the purpose of
carrying out section 5(n) (other than for salaries and related expenses)
of the Federal Water Pollution Control Act as it existed immediately
prior to the date of the enactment of the Federal Water Pollution Con-
trol Act Amendments of 1972.
(&) There is hereby authorized to be appropriated for the fiscal
year ending June 30,1972, and to exceed $350f>00,000 for the purpose
of making grants under section 8 of the Federal Water Pollution Con-
trol Act as it existed immediately prior to the date of the enactment
of the Federal Water Pollution Control Act Amendments of 1972.
(c) The Federal share of all grants made under section 8 of the
Federal Water Pollution Control Act as it existed immediately prior
to the date of enactment of the Federal Water Pollution Control Act
Amendments of 1972 from sums herein and heretofore authorized for
the fiscal year ending June 30, 1972, shall be that authorized by
section 202 of such Act as established by the Federal Water Pollution
Control Act Amendments of 1972.
(d) Sums authorized by this section shall be in addition to any
amounts heretofore authorized for such fiscal year for sections 5(n)
and 8 of the Federal Water Pollution Control Act as it existed im-
mediately prior to the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972.
[p. 90]
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718 LEGAL COMPILATION—SUPPLEMENT I
SAVINGS PROVISION
SEC. 4- («) No suit, action, or other proceeding lawfully commenced
by or against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the discharge of
his official duties under the Federal Water Pollution Control Act as
in effect immediately prior to the date of enactment of this Act shall
abate by reason of the talcing effect of the amendment made by section
& of this Act. The court may, on its own motion or that of any party
made at any time within twelve months after such taking effect, allow
the same to be maintained by or against the Administrator or such
officer or employee.
(b) All rules, regulations, orders, determinations, contracts, certifi-
cations, authorizations, delegations, or other actions duly issued, made,
or taken by or pursuant to the Federal Water Pollution Control Act
as in effect immediately prior to the date of enactment of this Act,
and pertaining to any functions, powers, requirements, and duties
under the Federal Water Pollution Control Act as in effect immedi-
ately prior to the date of enactment of this Act, shall continue in full
force and effect after the date of enactment of this Act until modified
or rescinded in accordance with the Federal Water Pollution Control
Act as amended by this Act.
(c) The Federal Water Pollution Control Act as in effect immedi-
ately prior to the date of enactment of this Act shall remain applicable
to all grants made from funds authorized for the fiscal year ending
June 30, 1972, and prior fiscal years, including any increases in the
monetary amount of any such grant which may be paid from, author-
isations for fiscal years beginning after June 30, 1972, except as
specifically otherwise provided in section 202 of the Federal Water
Pollution Control Act as amended by this Act and in subsection (c)
of section 3 of this Act.
OVERSIGHT STUDY
SBC. 5. In order to assist the Congress in the conduct of oversight
responsibilities the Comptroller General of the United States shatt
conduct a study and review of the research, pilot, and demonstration
programs related to prevention and control of water pollution, in-
cluding waste treatment and disposal techniques, which are conducted,
supported, or assisted by any agency of the Federal Government pur-
suant to any Federal law or regulation and assess conflicts between,
and the coordination and efficacy of, such programs, and make a report
to the Congress thereon by October 1,1973.
INTERNATIONAL TRADE STUDY
SEC. 6. (a) The Secretary of Commerce, in cooperation with other
interested Federal agencies and with representatives of industry and
the public, shall undertake immediately an investigation and study to
determine—
(1) the extent to which pollution abatement and control pro-
grams will be imposed on, or voluntarily undertaken by, United
[p. 91]
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WATER—STATUTES AND LEGISLATIVE HISTORY 719
States manufacturers in the near future and the probable short-
and long-range effects of the costs of such programs (computed
to the greatest extent practicable on an industry-by-ind-ustry
basis) on (A) the production costs of such domestic manufactur-
ers, and (JB) the market prices of the goods produced by them;
(2) the probable extent to which pollution abatement and con-
trol programs iiMl be implemented in foreign industrial nations
in the near future and the extent to which the production costs
(computed to the greatest extent practicable on an industry-by-
industry basis) of foreign manufacturers will be affected by the
costs of s-uch programs;
(3) the probable competitive advantage which any article
manufactured in a foreign nation will likely have in relation to
a comparable article -made in the United States if that foreign
nation—
(A) does not require its manufacturers to implement pol-
lution abatement and control programs,
(B) requires a lesser degree of pollution abatement and
control in its programs, or
(C) in any way reimburses or otherwise subsidizes its
manufacturers for the costs of such program-;
(4) alternative means by which any competitive advantage
accruing to the products of any foreign nation as a result of any
factor described in paragraph (3) may be (A) accurately ana
quickly determined, and (B) equalised, for example, by the im-
position of a surcharge or duty, on a foreign product in an amount
necessary to compensate for such advantage; and
(5) the impact, if any, which the imposition of a compensating
tariff of other equalizing measure may have in encouraging for-
eign nations to implement pollution and abatement control pro-
grams.
(b) The Secretary shall make an initial report to the President and
Congress within six months after the date of enactment of this section
of the results of the study and, investigation carried out pursuant to
this section and shall make additional reports thereafter at such times
as he deems appropriate taking into account the development of rele-
vant data, but not less than once every twelve months.
INTERNATIONAL AGREEMENTS
SEC. 7. The President shall undertake to enter into international
agreements to apply uniform, standards of performance for the control
of the discharge and emission of pollutants from new sources, uniform
controls over the discharge and emission of toxic pollutants, and' uni-
form controls over the discharge of pollutants into the ocean. For this
purpose the President shall negotiate multilateral treaties, conventions,
resolutions, or other agreements, and formulate, present, or sup-
port proposals at the United Nations and other appropriate inter-
national forums.
[p. 92]
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720 LEGAL COMPILATION—SUPPLEMENT I
LOANS TO SMALL BUSINESS CONCERNS FOR WATER POLLUTION CONTROL
FACILITIES
Sec. 8. (a) Section 7 of the Small Business Act is amended by in-
serting at the end thereof a new subsection as follows:
"(g)(l) The Administration also is empowered to make loans
(either directly or in cooperation with banks or other lenders through
agreements to participate on an immediate or deferred basis) to assist
any small business concern in affecting additions to or alterations in
the equipment, facilities (including the construction of pretreatment
facilities and interceptor sewers), or methods of operation of such
concern to meet water pollution control requirements established^.
under the Federal Water Pollution Control Act, if the Administra-
tion determines that such concern is likely to suffer substantial
economic injury without assistance under this subsection.
"(#) Any such loan—
"(A) shall be made in accordance with provisions applicable
to loans made pursuant to subsection (b) (5) of this section, except
as otherwise provided in this subsection;
"(B) shall be made only if the applicant furnishes the Admin-
istration with a statement m writing from the Environmental
Protection Agency or, if appropriate, the State, that such addi-
tions or alterations are necessary and adequate to com/ply with re-
quirements established under the Federal Water Pollution Con-
trol Act.
"(J) The Administrator of the Environmental Protection Agency
shall, as soon as practicable after the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972 and not later than
one hundred and eighty days thereafter, promulgate regulations estab-
lishing uniform rules for the issuance of statements for the purpose
of paragraph (%) (B) of this subsection.
"(4) There is authorized to be appropriated to the disaster loan
fund established pursuant to section 4(c) of this Act not to exceed
$800,000,000 solely for the purpose of carrying out this subsection."
(b) /Section 4(c)(l)(A) of the Small Business Act is amended
by striking out '•'•and 7(c) (2)" and inserting in lieu thereof "7(c) (2),
and 7(g)".
ENVIRONMENTAL COURT
SEC. 9. The President, acting through the Attorney General, shall
make a full and' complete investigation and study of the feasibility
of establishing a separate court, or court system, having jurisdiction
over environmental matters and shall report the results of such investi-
gation and study together with his recommendations to Congress not
later than one year after the date of enactment of this Act.
NATIONAL POLICIES AND GOALS STUDY
Sec. 10. The President shall make a full and complete investigation
and study of all of the national policies and goals established by law
for the purpose of determining what the relationship should be be-
[p. 93]
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WATER—STATUTES AND LEGISLATIVE HISTORY 721
tween these policies and goals, taking into account the resources of
the Nation. He shall report the results of such investigation and study
together with his recommendations to Congress not later than two
years after the date of enactment of this Act. There is authorized
to be appropriated not to exceed $5,000,000 to carry out the purposes
of this section.
EFFICIENCY STUDY
SEC. 11. The President shall conduct a full and complete investi-
gation and study of ways and means of utilizing in the most effective
manner all of the various resources, facilities, and personnel of the
Federal Government in order most efficiently to carry out the objective
of the Federal Water Pollution Control Act. He shall utilize in con-
ducting such investigation and study, the General Accounting Office.
He shall report the results of such investigation and study together
with his recommendations to Congress not later than tivo hundred
and seventy days after the date of enactment of this Act.
ENVIRONMENTAL FINANCING
SEC. 12. (a) This section may be cited as the '•''Environmental Financ-
ing Act of 1972".
(b) There is hereby created a body corporate to be known as the
Environmental Financing Authority, which shall have succession
until dissolved by Act of Congress. The Authority shall be subject to
the general supervision and direction of the Secretary of the Treasury.
The Authority shall be an instrumentality of the United States Gov-
ernment and shall maintain such offices as may be necessary or appro-
priate in the conduct of its business.
(c) The purpose of this section is to assure that inability to borrow
necessary funds on reasonable terms does not prevent any State or
local public body from carrying out any project for construction of
waste treatment works determined eligible for assistance pursuant to
subsection (e) of this section.
(d) (1) The Authority shall have a Board of Directors consisting
of five persons, one of whom shall be the Secretary of the Treasury
or his designee as Chairman of the Board, and four of whom shall be
appointed by the President from among the officers or employees of
the Authority or of any department or agency of the United States
Government.
(2) The Board of Directors shall meet at the call of its Chairman.
The Board shall determine the general policies which shall govern
the operations of the Authority. The Chairman of the Board shall
select and effect the appointment of qualified persons to fill the offices
as may be provided for in the bylaws, with such executive functions,
powers, and duties as may be prescribed by the bylaws or by the Board
of Directors, and such persons shall be the executive officers of the
Authority and shall discharge all such executive functions, powers,
and duties. The members of the Board, as such, shall not receive com-
pensation for their services.
(e) (1) Until -July 1,1-975, the Authority is authorised to make com-
mitments to purchase, and to purchase on terms and conditions deter-
mined by the Authority, any obligation or participation therein which
[p. 94]
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722 LEGAL COMPILATION—SUPPLEMENT I
is issued by a /State or local public body to finance the non-Federal
share of the cost of any project for the construction of waste treat-
ment works which the Administrator of the Environmental Protec-
tion Agency has determined to be eligible for Federal -financial assist-
ance under the Federal Water Pollution Control Act.
(2) No commitment shall be entered into, and no purchase shall be
made, unless the Administrator of the Environmental Protection
Agency (A) has certified that the public body is unable to obtain on
reasonable terms sufficient credit to finance its actual needs; (B) has
approved the project as eligible under the Federal Water Pollution
Control Act; and (C) has agreed to guarantee timely payment of
principal and interest on the obligation. The Administrator is author-
ized to guarantee such timely payments and to issue regulations as he
deems necessary and proper to protect such guarantees. Appropria-
tions are hereby authorized to be made to the Administrator in such
sums as are necessary to make payments under such guarantees, and
such payments are authorized to be made from such appropriations.
(3) No purchase shall be made of obligations issued to finance proj-
ects, the permanent financing of which occurred prior to the enact-
ment of this section.
(4) Any purchase by the Authority shall be upon such terms and
conditions as to yield a return at a rate determined by the Secretary of
the Treasury^ taking into consideration (A) the current average yield
on outstanding marketable obligations of the United States of com-
parable maturity or in its stead whenever the Authority has sufficient
of its own long-term obligations outstanding, the current average yield
on outstanding obligations of the Authority of comparable maturity;
and (B) the market yields on municipal hands.
(5) The Authority is authorised to charge fees for its commitments
and other services adequate to cover all expenses and to provide for
the accumulation of reasonable contingency reserves and such fees shall
be included in the aggregate project costs.
(/) To provide initial capital to the Authority the Secretary of
the Treasury is authorized to advance the funds necessary for this
purpose. Each such advance shall be upon such terms and conditions
as to yield a return at a rate not less than a rate determined by the
Secretary of the Treasury taking into consideration the current aver-
age yield on outstanding marketable obligations of the United States
of comparable 'maturities. Interest payments oh such advances may be
deferred, at the discretion of the Secretary, but any such deferred
payments shall themselves bear interest at the rate specified in this
section. There is authorized to be appropriated not to exceed $100,-
000,000, which shall be available for the purposes of this subsection.
(g) (1) The Authority is authorized, with the approval of the Sec-
retary of the Treasury, to issue and have outstanding obligations
having such maturities and bearing such rate or rates of interest as
may be determined by the Authority. Such obligations may lie redeem-
able at the option of the Authority before maturity in such manner
as may be stipulated therein.
(2) As authorised in appropriation Acts, and such authorizations
may be without fiscal year limitation, the Secretary of the Treasury
may in his discretion purchase or agree to purchase any obligations
[p. 95]
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WATER—STATUTES AND LEGISLATIVE HISTORY 723
issued pursuant to paragraph (1) of this subsection, and for sue!
purpose the Secretary of the Treasury is authorized to use as a public
debt transaction the proceeds of the sale of any securities hereafter
issued under the Second Liberty Bond Act, as now or hereafter ii
force, and the purposes for which securities may be issued under th<
Second Liberty Bond Act as now or hereafter in force, are extended
., to include such purchases. Each purchase of obligations by the Sec
retary of the Treasury under this subsection shall be upon sucl
terms and conditions as to yield a return at a rate not less than a ratt
determined by the Secretary of the Treasury, taking into considera-
tion the current average yield on outstanding marketable obligations
of the United States of comparable maturities. The Secretary of tht
Treasury may sell, upon such terms and conditions and at such prict
or prices as he shall determine, any of the obligations acquired by
him under this paragraph. All purchases and sales by the Secretary
of the Treasury of such obligations under this paragraph shall be
treated as public debt transactions of the United States.
(h) The Secretary of the Treasury is authorised and directed tc
make annual payments to the Authority in such amounts as are neces-
sary to equal the amount by which the dollar amount of interest ex-
pense accrued by the Authority on account of its obligations exceeds
the dollar amount of interest income accrued by the Authority on
account of obligations purchased by it pursuant to subsection (e)
of this section.
(i) The Authority shall have power—
(1) to sue and be sued, complain and defend, in its corporate
name;
(2) to adopt, alter, and use a corporate seal, which shall be
judicially noticed;
(3) to adopt, amend, and repeal bylaws, rules, and regulations
as may be necessary for the conduct of its business;
(4) to conduct its business, carry on its operations, and have
offices and exercise the powers granted by this section in any
State without regard to any qualification or similar statute in any
State;
(-5) to lease, purchase, or otherwise acquire, own, hold, improve,
use, or otherwise deal in and with any property, real, personal, or
mixed, or any interest therein, wherever situated;
(6) to accept gifts or donations of services, or of property, real,
personal, or mixed, tangible or intangible, in aid of any of the
' purposes of the Authority;
(7) to sell, convey, mortgage, pledge, lease, exchange, and
otherwise dispose of its property and assets;
(8) to appoint such officers, attorneys, employees, and agents
as may be required, to define their duties, to fix and to pay such
compensation for their services as may be determined, subject to
the civil service and classification laws, to require bonds for them
and pay the premium thereof; and
(9) to enter into contracts, to execute instruments, to incur
liabilities, and to do all things as are necessary or incidental to
the proper management of its affairs and the proper conduct of
its business. r (,„-,
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724 LEGAL COMPILATION—SUPPLEMENT I
(j) The Authority, its property, its franchise, capital, reserves, sur-
plus, security holdings, and other funds, and its income shall be exempt
from all taxation now or hereafter imposed by the United States or
by any State or local taxing authority; except that (A) any real prop-
erty and any tangible personal property of the Authority shall be
subject to Federal, State, and local taxation to the same extent accord-
ing to its value as other such property is taxed, and (B) any and all
obligations issued by the Authority shall be subject both as to prin-
cipal and interest to Federal, State, and local taxation to the same
extent as t^^> obligations of private corporations are taxed.
(k) All obligations issued by the Authority shall be lawful invest-
ments, and may be accepted as security for all -fiduciary, trust, and
public funds, the investment or deposit of which shall be under author-
ity or control of the United States or of any officer or officers thereof.
All obligations issued by the Authority pursuant to this section shall
be deemed to be exempt securities within the meaning of laws admin-
istered by the Securities and Exchange Commission, to the same extent
as securities which are issued by the United States.
(I) In order to furnish obligations for delivery by the Authority,
the Secretary of the Treasury is authorized to prepare such obligations
in such form as the Authority may approve, such obligations when
prepared to be held in the Treasury subject to delivery upon order by
the Authority. The engraved plates, dies, bed pieces, and so forth,
executed in connection therewith, shall remain in the custody of the
Secretary of the Treasury. The Authority shall reimburse the Sec-
retary of the Treasury for any expenditures made in the preparation
custody, and delivery of such obligations.
(m) The Authority shall, as soon as practicable after the end of
each fiscal year, transmit to the President and the Congress an annual
report of its operations and activities.
(n) The sixth sentence of the seventh paragraph of section 5136 of
the Revised Statutes, as amended (12 U.S.C. %4)i ^s amended by insert-
ing ' W obligations of the Environmental Financing Authority" imme-
diately after "or obligations, participations, or other instruments of or
issued by the Federal National Mortgage Association or the Govern-
ment National Mortgage Association".
(o) The budget and audit provisions of the Government Corpora-
tion Control Act (31 U.S.C. 84.6) shall be applicable to the Environ-
mental Financing Authority in the same manner as they are applied to
the wholly owned Government corporations.
(p) Section 3689 of the Revised Statutes, as amended (31 U.S.C.
711), is further amended by adding a new paragraph following the
last paragraph appropriating moneys for the purposes under the
Treasury Department to read as follows:
'•'•Payment to the Environmental Financing Authority: For pay-
ment to the Environmental Financing Authority under subsection
(h) of the Environmental Financing Act of
SEX DISCRIMINATION
SEC. 13. No person in the United States shall on the ground of sex
be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity receiving
[p- 97]
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WATER—STATUTES AND LEGISLATIVE HISTORY 725
Federal assistance wnder this Act, the Federal Water Pollution Con-
trol Act, or the Environmental Financing Act. This section shall be
enforced through agency provisions and rules similar to those already
established, with respect to racial and other discrimination, under title
VI of the Civil Rights Act of 1964- However, this remedy is not ex-
clusive and will not prejudice or cut off any other legal remedies avail-
able to a discriminatee.
And the House agree to the same.
JOHN A. BLATNIK,
ROBERT E. JONES,
JIM WRIGHT,
HAROLD T. JOHNSON,
EGBERT A. ROE,
WILLIAM H. HARSHA,
JAMES R. GROVER, Jr.,
DON H. CLAUSEN,
CLARENCE MILLER,
Managers on the Part of the House.
EDMUND S. MUSKIE,
JENNINGS RANDOLPH,
BIRCH BAYH,
THOMAS F. EAGLETON,
J. CALEB BOGGS,
JOHN SHERMAN COOPER,
HOWARD H. BAKER, Jr.,
Managers on the Part of the Senate.
[p. 98]
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726 LEGAL COMPILATION—SUPPLEMENT I
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE
OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amend-
ment of the House to the bill (S. 2270) to amend the Federal Water
Pollution Control Act, submit the following joint statement to the
House and the Senate in explanation of the effect of the action agreed
upon by the managers and recommended in the accompanying
conference report:
The House amendment struck out all of the Senate bill after the
enacting clause and inserted a substitute text.
With respect to the amendment of the House, the Senate recedes
from its disagreement to the amendment of the House, with an
amendment which is a substitute for both the Senate bill and the
House amendment. The differences between the Senate bill, the House
amendment, and the substitute agreed to in conference are noted below
except for minor technical and clarifying changes made necessary by
reason of the conference agreement.
SHORT TITLE
Senate till
Provides that the Act may be cited as the "Federal Water Pollution
Control Act Amendments of 1971".
House amendment
Provides that the Act may be cited as the "Federal Water Pollution
Control Act Amendments of 1972".
Conference substitute
The conference substitute is the same as the House amendment.
Both the Senate bill and the House amendment provide for com-
plete revisions of the Federal Water Pollution Control Act. This
revision would consist of five titles and hereafter the references in
this statement are to the sections and titles of the proposed revisions
of the Federal Water Pollution Control Act.
TITLE I—RESEARCH AND RELATED PROGRAMS
DECLARATION OF GOALS AND POLICY
Senate bill
Section 101 establishes a policy to eliminate the discharge of pollut-
ants by 1985, restore the natural chemical, physical, and biological
integrity of United States waters, and reach an interim goal of water
quality for swimming and fish propagation by 1981. [p. 99]
-------
WATER — STATUTES AND LEGISLATIVE HISTORY 727
Section 101 also prohibits the discharge of toxic pollutants in "toxie
amounts", provides for Federal financial assistance for co-nsfcructien
of waste treatment facilities, develops regional wast© treatment man-
agement programs, initiates a major research and demonstration
effort to find technological methods necessary to eliminate waste dis-
charges, and requires the Administrator of the Environmental Pro-
tection Agency to develop minimum guidelines for public participa-
tion in enforcement of the proposed Act.
House amendment
Section 101 sets an objective of restoring and maintaining the chem-
ical, physical, and biological integrity of United States waters.
To achieve the proposed objective, the amendment establishes two
national goals. The goals are to eliminate the discharge of pollutants
into navigable waters by 1985, and to have water quality that provides
for protection of fish, shellfish, and wildlife, and for recreation in
and on water by 1981.
Other national policies stated in the section include Federal assist-
ance for construction of waste treatment facilities, creation of area
waste treatment management planning processes in each State, and
major research and demonstration efforts to develop technology nec-
essary to achieve the zero-discharge goal.
Section 101 (c) calls on the President to encourage foreign countries
to set goals which are at least comparable to those of the United States.
Section 101 (f) sets a national policy encouraging "drastic minimi-
zation" of paperwork and duplication of efforts, and best utilization
of available manpower and funds.
Section 101 (g) would require agencies involved in carrying out the
bill to consider all potential impacts of their activities on water, land,
and air.
Conference substitute
The conference substitute is basically the same as the Senate bill as
revised by the House amendment with the following changes :
(1) The interim goal of water quality is set for achievement by July
1, 1983, instead of 1981.
(2) The terms "abate" and "abatement" of pollution have been
replaced by the terms "reduction" and "elimination" of pollution.
(3) Subsection (g) of the House amendment has been eliminated.
COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL
Senate
Section 102 grants the Administrator authority to develop pro-
grams for eliminating pollution of navigable waters and ground
waters. The section also provides for 50 percent matching Federal-
State grants for river basin planning.
Subsection (b) makes it clear that regulation of streamflow cannot
substitute for adequate waste treatment or other methods of eliminat-
ing waste at the source. The Administrator would be given authority
to determine when low flow augmentation is an appropriate technique
for supplementing pollution control programs.
[p. 100]
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728 LEGAL COMPILATION—SUPPLEMENT I
House amendment
Section 102 (b) provides for inclusion of storage for regulation of
streamflow for water quality control in Federal projects if the costs
of the benefits are widespread or national in scope. Flow regulation,
however, could not be used as a substitute for adequate treatment.
No license granted by the Federal Power Commission for a hydro-
electric power project could include storage for regulation of stream-
flow for the purpose of water quality unless the Administrator recom-
mends its inclusion.
Conference substitute
Section 102 is the same as the Senate bill and the House amendment
except as follows:
(1) The term "abating or reducing pollution" has been revised to
read "preventing, reducing, or eliminating pollution".
(2) Subsection (b) (1) has been amended to provide for the inclu-
sion of storage in a reservoir for regulation of streamflow.
(3) Subsection (b) (2) has been revised to provide that the need and
value of storage for streamflow purposes other than water quality will
be determined by the Corps of Engineers, the Bureau of Reclamation,
or other Federal agencies while the need for and value and impact of
storage for water quality control shall be determined by the Adminis-
trator with his views as part of any report or presentation to Congress
proposing authorization or construction of a reservoir.
The Conference substitute specifically bans pollution dilution as an
alternative to waste treatment. At the same time it recognizes that
stream flow augmentation may be useful as a means of reducing the
environmental impact of runoff from non-point sources. The Confer-
ence substitute also recognizes that stream flow augmentation may
be useful for recreational, navigation, and other purposes. Finally, sec-
tion 102(b) specifically sets forth that any calculation for the need
for and value of stream flow augmentation to reduce the impact of
pollution must be determined by the Administrator of the Environ-
mental Protection Agency.
INTERSTATE COOPERATION AND UNIFORM LAWS
Senate bill
Section 103 is a restatement of section 3 of the existing law relating
to interstate cooperation and uniform laws except for the language en-
couraging interstate compacts.
House amendment
Section 103 allows States to enter into interstate compacts, and
establishes a policy for active Federal promotion of cooperative efforts
among States. Such efforts include programs to promote model legis-
lation and uniform laws.
Conference substitute
Section 103 is the same as the Senate bill and the House amendment,
except that the term "abatement" of pollution has been stricken and
replaced by the term "reduction and elimination" of pollution.
[p. 101]
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WATER — STATUTES AND LEGISLATIVE HISTORY 729
RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION
Senate
Section 104 generally expands the authority of the Administrator
in the area of research.
Under section 104 (d), the Administrator is authorized to establish
field research laboratories in Alaska and the Northeast, Middle At-
lantic, Southeast, Midwest, Southwest, and Pacific Northwest areas of
the United States to study means of eliminating water pollution, and
to construct the facilities authorized for the National Marine Water
Quality Laboratory.
In addition to the $10 million authorized for agricultural pollution
research, section 104 authorizes $7.5 million for fiscal 1972 to con-
tinue EPA's pilot training program for personnel to operate and
maintain treatment plants. In fiscal 1972 an additional $2.5 million is
authorized to forecast employment needs in water pollution control.
A general authorization of $65 million for fiscal 1972, $70 million for
fiscal 1973, $75 million for fiscal 1974, and $80 million for fiscal 1975
is provided to carry out section 104.
House amendment
Except as hereafter noted, section 104 is basically the same as
the Senate bill and grants the Administrator general authority to
participate in and encourage research, investigations, training, dem-
onstrations, surveys, and studies relating to the causes, effects, extent,
extent, prevention, and abatement of pollution.
Section 104 (d) requires the Administrator to develop and demon-
strate, "under varied conditions", practicable means of treating water-
borne wastes to encourage recycling, improved methods of identifying
and measuring the effects of pollutants on water uses, and methods
for evaluating the water quality effects of augmented streamflows "to
control pollution not susceptible to other means of abatement".
The Administrator is required to establish and maintain six field
laboratory and research facilities throughout the United States under
section 104 (e). The labs will be in the Middle Atlantic area, south-
eastern area, midwestern area, southwestern area, Pacific Northwest,
and Alaska.
Section 104 (f) directs the Administrator to study the Great Lakes.
Section 104(j) directs the Coast Guard to engage in research and
demonstrations relative to sewage equipment installed on vessels, with
particular emphasis on equipment to be installed on small recreational
vessels.
Section 104 (n) continues the Administrator's authority to conduct
studies of problems in the estuaries and estuarine zones. The studies
would have to consider demographic trends, exploitation of mineral
resources and fossil fuels, land and industrial development, naviga-
tion, and flood and erosion control. At least one report during any
three-year period is required.
Section 104(q) (2) authorizes the Administrator to conduct com-
prehensive research and pilot projects on methods of collecting and
treating sewage and other liquid wastes combined with treatment and
disposal of solid wastes.
[p. 102]
525-311 O - 13 - 8
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730 LEGAL COMPILATION—SUPPLEMENT I
Section 104 (r) authorizes the Administrator to make grants to
colleges and universities for research on fresh water aquatic eco-
systems.
Section 104(t) requires the Administrator, in cooperation with other
agencies, to conduct comprehensive studies on the effects and methods
of controlling thermal discharges. Economic and technical feasibility,
as well as social and economic costs and benefits, should be considered
while studying alternative control methods.
Section 104(u) authorizes $100 million per fiscal year for fiscal 1973
and fiscal 1974 to carry out section 104, excluding subsections (g),
(p),and(r).
For fiscal 1973, $7.5 million is authorized for subsection (g) (1)
and $2.5 million for subsection (g) (2). For each of the fiscal years
1973 and 1974, $10 million is authorized for subsection (p), and
$15 million is authorized for subsection (r).
Conference substitute
The conference substitute is basically the same as the Senate bill as
revised by the House amendment with the following exceptions :
(1) The term "abatement" of pollution has been modified to the
term "reduction and elimination" of pollution throughout the section.
(2) The Geological Survey has been added to the enumerated agen-
cies who are to be utilized in conducting surveillance of water quality.
(3) The date for the research report on measuring social and eco-
nomic costs and benefits of activities subject to regulation under this
Act has been changed from July 1, 1973, to January 1, 1974.
(4) Subsection (d) (1) is revised to require the development and
demonstration of practicable means of treating municipal wastes,
sewage, and other waterborne wastes to implement the requirements
of section 201 of this Act.
(5) Subsections (d) (2) and (3) have been amended to eliminate
the phrase "on water uses".
(6) Subsection (e) has been added to by inserting the requirement
that the Secretary construct the facilities authorized for the National
Marme Water Quality Laboratory.
(7) Subsection (m) (2) has been revised to require a preliminary
report of the study on waste oils within six months with the final
report 'within 18 months of the date of enactment of this Act.
(8) Subsection (s) is revised to require the River Study Centers
to study, amon
-------
WATER—STATUTES AND LEGISLATIVE HISTORY 731
sidered by the States, as these studies become available, in proposing
thermal water quality standards, and by the Administrator in carrying
out section 316. Not to exceed $10,000,000 per year for fiscal years
1973 and 1974 is authorized to carry out this provision.
RESEARCH AND DEVELOPMENT
Senate bill
Section 105 authorizes the Administrator to conduct in-house dem-
onstration projects or contract for projects designed to eliminate pol-
lution reaching navigable waters through storm water runoff or in-
dustrial activity. Section 105 further authorizes the Administrator to
undertake a model river demonstration project of advanced pollution
control and in-stream enhancement techniques, and demonstration
projects on control of agricultural pollution.
Under the section, any Federal research or demonstration grant is
limited to 75 percent of the cost. The bill authorizes $70 million for
grants in fiscal 1972, and $75 million for fiscal 1973-75. At least 10 per-
cent of any sum actually appropriated for any fiscal year is required to
be spent on programs dealing with agriculture.
House amendment
Sections 105 (a) and (c) authorize the Administrator to continue
programs for assisting development of projects to demonstrate meth-
ods of preventing and abating discharge from combined sewers, as-
sisting projects to demonstrate advanced waste treatment or water
purification methods, or joint treatment systems, and research and
demonstration projects for preventing pollution by industrial waste.
Under this section, the Administrator could conduct in-house demon-
stration projects.
Section 105 (b) authorizes the Administrator to make grants for
model river basin demonstration projects of advanced pollution treat-
ment and environmental enhancement techniques to control pollution
from all sources, together with in-stream water quality improvement
techniques.
Section 105 (d) directs the Administrator to give priority to the
study of management methods and technologies related to eliminat-
ing water discharges, and to the study of the impact of specific dis-
charges on receiving water quality.
Section 105 (e) authorizes the Administrator to make grants for
demonstration projects for control of agricultural pollution and for
rural sewage disposal systems.
Section 105(f) provides that no grant for subsection (a) or (c)
can exceed 75 percent of the project cost.
Section 105(h) authorizes $70 million for each of the fiscal years
1973 and 1974. However, 10 percent of the funds appropriated in
each year must be available for subsection (e).
Conference substitute
Section 105 is the same as the Senate bill and the House amendment
with the following changes:
(1) The concept of "abating" pollution has been revised to that of
"reducing and eliminating" pollution.
[p. 104]
-------
732 LEGAL COMPILATION—SUPPLEMENT I
(2) Subsection (c) is amended to clarify the authority of the Ad-
ministrator with respect to research and demonstration projects for
prevention of pollution of waters by industry, including but not limited
to the prevention, reduction, and elimination of the discharge of
pollutants.
(3) The authorization for this section has been increased from $70
million per year for fiscal years 1973 and 1974 to $75 million per year.
GRANTS FOB POLLTTTION CONTROL PROGRAMS
Senate bill
Section 106 authorizes grants to States to carry out water pollution
control programs. The allocation of funds is based on population and
the extent of water pollution problems.
To qualify for a grant, a State must certify that it will maintain its
water quality program each year at the level of its recurrent expenses
during fiscal 1971. If a State reduces its spending, the Administrator
will reduce its grant proportionately.
Section 106 also requires that beginning in 1973, to qualify for a
planning grant, a State must begin to develop a plan for a waste treat-
ment management program, indicate it has begun work on a water
quality inventory, and impose monitoring requirements on point
source owners.
Section 106 authorizes $30 million for fiscal 1972 and 1973, $35 mil-
lion for fiscal 1974, and $40 million for fiscal 1975.
House amendment
Section 106(a) authorizes $60 million for fiscal 1973 and $75 million
for fiscal 1974 for grants to States and interstate agencies for carrying
out programs for prevention and abatement of pollution.
Section 106 (b) states that allotment of the funds will be based on the
extent of the pollution problems in each of the States.
Section 106 (c) authorizes the Administrator to pay to the States
either the allotment established in subsection (b), or the reasonable
costs of developing and carrying out a program, whichever amount is
less.
Section 106 (d) sets fiscal 1971 as a base line. If a State or inter-
state agency reduces its spending below this amount, grants will be
discontinued.
For a State or interstate agency to be eligible for a program grant,
section 106 (e) requires it to file a summary of its current program and
a description of the proposed program with the Administrator within
120 days after the date of enactment of the bill.
Section 106(f) authorizes the Administrator to reallot moneys not
paid.
Conference substitute
Section 106 is the same as the House amendment except for the
following changes:
(1) The concept of "abating" pollution has been revised to "reduc-
ing and eliminating" pollution throughout the section.
(2) The purpose for grants under this section has been specifically
amended to include grants for administering programs for enforce-
[p. 105]
-------
WATER—STATUTES AND LEGISLATIVE HISTORY 733
ment directly or through appropriate State law enforcement officers
or agencies. This concept was in the Senate bill but in a different
fashion.
(3) Beginning with fiscal year 1974, the Administrator is pro-
hibited from making a grant to any State under this section which
has not provided or is not carrying out as part of its program (A)
the establishment and operation of appropriate devices, methods, sys-
tems, and procedures necessary to monitor, compile, and analyze data
on the quality of navigable waters and, to the extent practicable?
ground waters, and (B) authority comparable to that in section 504
(relating to emergency situations) and adequate contingency plans
to implement such authority.
MINE WATER POLLUTION CONTROL DEMONSTRATIONS
Senate 'bill
Section 107 authorizes the Administrator, in cooperation with the
Appalachian Regional Commission, to conduct demonstration projects
for control of mine water runoff and related water pollution prob-
lems. A study on the feasibility of using sewage sludge to prevent
mine water pollution and restore mined areas is authorized. The sec-
tion increases authorizations for the demonstration program from $15
million to $30 million.
House amendment
Section 107, authorizing area acid and other mine water pollution
control demonstrations, continues the provisions of section 14 of exist-
ing law.
Section 107 specifically provides that techniques utilizing sewage
sludge and other municipal wastes are appropriate for abatement
demonstration projects. Authorizations for the program would be
$15 million.
Conference substitute
Section 107 is the same as the Senate bill.
POLLUTION CONTROL IN GREAT LAKES
Senate bill
Section 108 restates section 15 of existing law, except for minor
changes.
House amendment
Sections 108 (a), (b), and (c) continue the provisions of section 15
of existing law, with minor changes.
Section 108 (c) authorizes $20 million for projects in the Great Lakes.
Sections 108 (d) and (e) require the Corps of Engineers to design
and develop a $5 million demonstration waste, water management pro-
gram for Lake Erie.
Conference substitute
Section 108 is the same as the Senate bill and the House amendment
except as follows:
(1) The concept of "abatement" has been changed to "reduction" of
pollution.
[p. 106]
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734 LEGAL COMPILATION—SUPPLEMENT I
(2) The concept of "pollution elimination or control" has been
changed to "pollution prevention, reduction, and elimination".
TRAINING GRANTS AND CONTRACTS
Senate bill
Section 109 is the same as existing law with one change. The change
authorizes the Administrator to make grants for construction of
waste treatment works to provide for necessary education and train-
ing facilities for treatment operation and maintenance personnel. Such
facilities would be additions to treatment works.
House amendment
Section 109 continues section 16 of existing law.
Conference substitute
Section 109 is the same as the Senate provision with the authoriza-
tion of grants for the construction of necessary education and training
facilities for treatment, operation, and maintenance personnel reduced
in cost from $1 million to $250 thousand per facility.
ALLOCATION OF TRAINING GRANTS OR CONTRACTS; SCHOLAKSHIPS
Senate bill
Sections 110 and 111, training program allocations and scholar-
ships, restate the present law with minor changes.
House amendment
Section 110, application for training grant or contract; allocation
of grants or contracts, continues the provisions of section 17 of exist-
ing law. Section 111, award of scholarships, contains the provisions
of section 18 of existing law.
Conference substitute
Sections 110 and 111 are the same as the Senate bill and the House
amendment.
DEFINITIONS AND AUTHORIZATIONS
Senate bill
Section 112 defines the terms used in sections 109 through 112. These
definitions are essentially the same as those in section 19 of existing law.
The section authorizes $25 million for fiscal 1972 only.
House amendment
Section 112 defines terms used in sections 109 through 112. They are
basically the same as those included in section 19 of existing law.
Section 112(c) authorizes $25 million per fiscal year for fiscal 1973
and 1974 to carry out sections 109 through 112.
Conference substitute
This section is the same as the House amendment.
9
ALASKA VILLAGE DEMONSTRATION PROJECTS
Senate bill
Section 113, Alaska village demonstration projects, restates the pres-
ent law with an additional $1 million for water rights.
[p. 107]
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WATER—STATUTES AND LEGISLATIVE HISTORY 735
House amendment
Section 113, Alaska village demonstration projects, continues section
20 of existing law and authorizes $2 million.
Conference substitute
This section is the same as the Senate bill and the House amendment,
except that the report to Congress is required not later than July 1,
1973, instead of January 1,1974, as in the House amendment.
POLLUTION CONTROL IN LAKE TAHOE
Senate bill
Section 114 authorizes a demonstration project for control of non-
point sources of pollution in the Lake Tahoe Basin.
Section 114 (b) authorizes the Administrator to review, in consulta-
tion with the Tahoe Eegional Planning Agency, any Federal or fed-
erally assisted public works project, any expenditures of Federal funds,
any Federal licenses or permits, any Federal insurance, and any Fed-
eral guarantees of loans in all cases where the Administrator judges
that such Federal activities may result directly or indirectly in dis-
charges into the navigable waters of the basin.
Section 114(c) requires the Administrator to report to Congress,
within 180 days after the date of enactment of the Act and annually
thereafter, on the environmental impact of development in the basin,
adequacy of plans developed by the Tahoe planning agency to main-
tain and enhance the water quality, and an analysis of demonstration
projects authorized by section 114.
Section 114(d) authorizes $6 million to be available until expended.
House amendment
No comparable provision.
Conference substitute
Section 114 of the conference substitute provides that the Admin-
istrator, in consultation with the Tahoe Regional Planning Agency,
the Secretary of Agriculture, and others, shall conduct a study on
the adequacy of and the need for extending Federal oversight and
control needed in order to preserve the ecology of Lake Tahoe. This
study is to include an examination of the interrelationships and re-
sponsibilities of various government agencies at all levels with a view
to establishing the need for redefining the legal and other arrange-
ments between these levels of government. Such study shall consider
the effect, of various actions in terms of their environmental impact
on the Tahoe Basin, treated as an ecosystem. The report is to be com-
pleted within a year, and the authorization is for up to $500,000.
ECONOMIC GROWTH CENTERS
Senate bill
No comparable provision.
House amendment
Section 114 authorizes the Administrator to make supplemental
grants to economic growth centers when a center receives a grant for
construction of waste treatment facilities. The Administrator would
use his discretion in determining the percentage of the supplemental
grant, and $5 million is authorized for the supplemental program.
[p. 108]
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736 LEGAL COMPILATION—SUPPLEMENT I
Conference substitute
No comparable provision.
IN-PLACE TOXIC POLLUTANTS
Senate bill
No provision.
House amendment
No provision.
Conference substitute
Section 115 of the conference substitute requires the Administrator
to identify the location of in-place pollutants with emphasis on toxic
pollutants in harbors and navigable waterways and authorizes the
Administrator, acting through the Secretary of the Army, to make
contracts for the removal and appropriate disposal of such materials
which are in critical port and harbor areas. There is an authorization
of $15,000,000 to carry out this section.
TITLE II—GRANTS FOR CONSTRUCTION OF
TREATMENT WORKS
PURPOSE
Senate bill
Section 201 provides that the objective of this title is to assist in
development of waste treatment management plans and practices to
eliminate the discharge of pollutants. To meet that goal, the best
practicable technology is required, including the recycling of water,
confined disposal of pollutants, and advanced waste treatment tech-
nology. Waste management is required on a regional basis.
Beginning in fiscal 1975, the Administrator is authorized to reject
any construction grant application that results in any discharge
of pollutants unless the applicant demonstrates that alternative
techniques have been considered and that the proposal will result
in the best practicable treatment.
House amendment
Section 201 provides that the purpose of the title is to require
and assist the development and implementation of waste treatment
management plans and practices. This would require the application
of the best practicable waste treatment technology, including re-
claiming and recycling water, confined disposal of pollutants, and
advance waste treatment technology and aerated treatment irrigation
technology.
The section requires that waste treatment management be on an
areawide basis to the extent practicable and does not allow the Admin-
istrator to approve any grant after July 1, 1973, unless the applicant
demonstrates that each sewer collection system discharging into a
treatment facility is not subject to excessive infiltration.
Conference substitute
The conference substitute is basically the same as the Senate bill
as revised by the House amendment with the exception that sub-
section (a) is revised to provide that the purpose of the title is
to require, and to assist the development and implementation of,
[p. 109]
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WATER—STATUTES AND LEGISLATIVE HISTORY 737
waste treatment management plans and practices which will achieve
the goals of this Act; and, in subsection (b), waste treatment manage-
ment plans and practices are required to provide for consideration of
advance waste treatment techniques rather than advance waste treat-
ment technology and aerated treatment spray-irrigation technology.
FEDERAL SHARE
Senate bill
Section 202 provides a minimum Federal grant of 60 percent of the
cost for sewage treatment facilities. The maximum would be 70 per-
cent if a State contributed 10 percent of the cost.
House amendment
Section 202(a) increases the Federal share of waste treatment
facilities to a maximum of 75 percent. Municipalities are eligible for
the 75 percent if the State agrees to provide an additional 15 percent
of the costs. The increased percentage is effective for any grant made
from funds authorized after June 30,1971. If a State does not partici-
pate in cost sharing, the Federal share is 60 percent. Grants for
projects approved between January 1 and July 1 of 1971, for treatment
works actual erection of which is not commenced before July 1, 1971,
shall, if requested, be increased to 75 per centum. This increased amount
shall be paid only if (1) there is an adequate sewage collection system,
and (2) there is a certification that the quality of available ground
water is insufficient to meet future requirements unless adequately
treated effluents are used to replenish the ground water supplies.
Conference substitute
Section 202 is the same as the House amendment, except that a
Federal grant for treatment works shall be 75 per centum of the cost
of construction in every case. The provision relating to certification
has been modified to require that the certification set forth that avail-
able ground water is insufficient, inadequate, or unsuitable for public
use, including ecological preservation and recreational use of surface
water unless adequately treated effluents are returned to the ground
water consistent with acceptable technological standards.
PLANS, SPECIFICATIONS, ESTIMATES, AND PAYMENTS
Senate bill
Section 203 provides that close coordination be maintained between
the Administrator and the States. The section requires the Adminis-
trator to review preliminary plans for any construction project and
authorizes the Administrator to advance up to 5 percent of the proj-
ect's cost to assist a community in completing its detailed plans and
specifications. Approval of final plans constitutes a contractual obli-
gation of the Federal Government.
House amendment
Section 203 authorizes contract authority. The Administrator has
power to commit the Federal Government to payment of its portion of
treatment facilities when he approves an applicant's plans, specifica-
tions, and estimates. ,- -i-frt-i
-------
738 LEGAL COMPILATION SUPPLEMENT I
Conference substitute
Section 203 is the same as the House amendment.
The conferees want to emphasize the complete change in the me-
chanics of the administration of the grant program that is authorized
under the conference substitute. Under existing law and procedure,
the Environmental Protection Agency makes the first payment upon
certification thai 25 percent of the actual construction is completed.
The remaining Federal payments are also made in reference to the
percentage of completion of the entire waste treatment facility. This
results in applicants absorbing enormous interest expense and other
costs while awaiting the irregular flow of Federal funds.
Under the conference substitute, which is a program modeled after
the authority and procedures under the Federal- Aid Highway Act,
each stage in the construction of a waste treatment facility is a separate
project. Consequently, the applicant for a grant furnishes plans,
specifications, and estimates (PS&E) for each stage (which is a proj-
ect) in the overall waste treatment facility which is included in the
term "construction" as defined in section 212. Upon approval of the
PS&E for any project, the United States is obligated to pay 75 percent
of the costs of that project. Thus, for instance, the applicant may file
a PS&E for a project to determine the feasibility of a treatment works,
another PS&E for a project for engineering, architectural, legal,
fiscal, or economic investigations, another PS&E for actual building,
etc.
In such a program, the States and communities are assured of an
orderly flow of Federal payments and this should result in substantial
savings and efficiency.
It cannot be emphasized too strongly that the procedure adopted in
the conference substitute represents a complete and thorough change
of the present practice of making payments of the Federal share of
treatment works. The conferees urge the Administrator, the States,
and local governments to draw from the experience of the highway
program to improve the efficiency of the waste treatment grant
program.
When funding the construction of waste treatment plants, the Ad-
ministrator, upon the request of a State, should encourage the use of a
phased approach to the construction of treatment works, and the
funding thereof, on a State's priority list. Such a phased program,
which the committee notes has been developed and approved in the
State of Delaware, has enabled the State to accelerate the construction
of sewage treatment facilities, and thus accelerate the attainment of
clean water.
LIMITATIONS AND CONDITIONS
Senate
Section 204 sets forth a number of grant conditions to assure that
treatment facilities are constructed, operated and maintained to pro-
duce the best practicable application of treatment technology.
The section requires each grant applicant to adopt, by July 1, 1973,
user charges to assure that recipients of waste treatment services will
pay their share of the cost of operating and maintaining the facility.
An applicant must receive from each industrial user a commitment that
[p. Ill]
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WATER—STATUTES AND LEGISLATIVE HISTORY 739
the user will repay to the United States that portion of the Federal
grant applicable to the user's wastes.
Section 204 also requires applicants to demonstrate that proposed
facilities conform to all applicable river basin plans, and other appli-
cable waste treatment management plans. The proposal must be certi-
fied by the State as entitled to priority. The proposed treatment works
also must qualify for a permit under section 402.
Applicants are required to describe the relationship of the reserve
capacity proposed, the current demand, and an estimate of any cost
for expected expansion of facilities in the alternative to including
reserve capacity.
The Administrator is directed to promulgate guidelines for estab-
lishment and imposition of user charge systems as a guide to applicants
for waste treatment works grants. The guidelines are required to re-
flect varying legal and financial factors which exist in different juris-
dictions. For industrial user charges, the Administrator is required
to establish guidelines that would consider, at a minimum, such fac-
tors as strength, volume, and delivery flow characteristics of the waste.
House amendment
Section 204 provides that grants for treatment works cannot be
approved unless the facilities are included in an areawide waste treat-
ment management plan, the applicant has assured proper operation
and maintenance of the facilities, and the applicant has or will adopt
a system of user charges. The user charge requirement applies after
June 30,1973.
The Administrator is required to issue guidelines relating to pay-
ment of waste treatment costs by industrial and nonindustrial recip-
ients of waste treatment services. The guidelines must establish classes
of users, including categories of industrial users, criteria for determin-
ing the adequacy of imposed charges, and model systems and rates of
user charges typical of various treatment works.
Revenues derived from payments would be retained by the grantee
for operation, maintenance, expansion, and construction of treatment
works.
Conference substitute
The conference substitute is basically the same as the Senate bill
as revised by the House amendment with the following changes:
(1) The requirement that users pay for the cost of future expansion
of waste treatment services has been stricken.
(2) The requirement that revenues derived from payment of cost
by industrial users be retained by the grantee for use for operation,
maintenance, expansion, and construction of publicly-owned treat-
ment works has been stricken and in place of it there has been sub-
stituted a requirement that the grantee shall retain an amount of the
revenues derived from payment of cost by industrial users, to the extent
costs are attributable to the Federal share of the project costs, equal
to (A) the amount of the non-Federal cost of the project, paid by the
grantee plus (B) the amount, necessary for future expansion and re-
construction of the project, except that such amount shall not exceed
50 per centum of such revenues from such project. All revenues not
retained by the grantee are to be deposited in the Treasury as mis-
cellaneous receipts. That portion of the revenues retained by the,
[p. 112]
-------
740
LEGAL COMPILATION—SUPPLEMENT I
grantee attributable to clause (B) together with any interest thereon
must be used solely for future expansion and reconstruction.
ALLOTMENT
Senate bill
Section 205 provides that allocations for sewage treatment construc-
tion grants be made on the basis of population. Reallocation of any
sums not obligated shall be made on a priority basis to States qualify-
ing for 70 percent Federal assistance. Also, in fiscal 1972 and 1973 up
to $200 million is authorized for allotment to projects using advanced
waste treatment on a regional scale. The $200 million is not available
if the amount left for reallocation from the previous fiscal year ex-
ceeded $200 million.
House amendment
Section 205 authorizes the Administrator to allot construction funds
on the basis of States' needs. Funds not obligated by a State shall be
reallocated on the basis of need.
Conference substitute
This is the same as the House amendment, except that the initial
phrase "All sums authorized to be appropriated" has been revised to
read "Sums authorized to be appropriated" and the initial ratio is to
be based on Table III of House Public Works Committee Print No.
90-50.
Table III reads as follows:
Table III.—Estimated construction cost of sewage treatment facilities for the
period fiscal year 1972-74
[In millions of dollars]
State :
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nevada
New Hampshire
Cost
52.6
32. 8
19.6
51. 5
1 429. 7
46. 1
244.8
95.6
103. 6
528.1
141. 7
48. 1
31. 7
910.0
490. 2
168.3
54.5
96. 1
137.3
140. 9
'620. 1
547.2
1 162. 3
295.9
57.3
241. 1
24.2
54 0
41.9
121.0
State :
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
American Samoa
Guam
Puerto Rico
Trust Territory
Pacific Island
Virgin Islands
Total
Cost
1, 121. 9
30. 7
. 1, 610. 3
134. 4
6.8
840. 8
67. 1
123. 7
789. 5
71.2
94. 0
13. 8
169. 0
403. 3
20.5
32.3
424.4
129. 7
72.8
253.6
3.9
. 7
12. 7
128. 8
of the
5. 5
13. 0
14, 562. 6
[p. 113]
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WATER—STATUTES AND LEGISLATIVE HISTORY 741
The conferees determined that utilization of a "needs" formula
would eliminate any need for special allocation for an advanced waste
treatment project or other special cases. Projects such as the Blue
Plains Regional Treatment Works in the District of Columbia will
receive adequate and timely funds under this provision so long as
adequate funds are released for obligation.
REIMBURSEMENT AND ADVANCED CONSTRUCTION
Senate bill
Section 206 provides that all projects initiated after June 30, 1966,
shall be eligible for a retroactive grant raising the Federal share on
such projects to at least 50 percent. The money would be required to
be spent on a project's debt or to finance the local share of a
new project.
The section authorizes $2 billion to meet the post 1966 reimburse-
ment, and $400 million to reimburse 1956-66 projects to a 30 percent
Federal grant level.
House amendment
Section 206 authorizes reimbursement to States that proceeded with
construction of sewage treatment facilities without Federal aid. Such
reimbursement would be on the basis of the highest Federal share that
the project would have been eligible and qualified for at the time of
construction. A total of $2.75 billion is authorized for reimbursements.
Of the total, $2 billion is authorized for facilities constructed between
1966-71, and $750 million for facilities constructed between 1955-66.
This section provides that where a State advances construction with-
out Federal funds it may be thereafter paid when sufficient funds are
allotted to it if the project otherwise qualifies under the law.
Conference substitute
Section 206(a) of the conference substitute provides that any pub-
licly owned treatment works on which construction was started after
June 30, 1966, but before July 1, 1972, which was approved by the
appropriate State agencies and which the Administrator finds meets
the requirements of section 8 of this Act in effect at the time of initia-
tion of construction shall be reimbursed a total amount equal to the
difference between the amount of Federal financial assistance, if any,
received under section 8 and 50 per centum of the cost of the project
or 55 per centum if the Administrator determines the treatment works
were constructed in conformity with a comprehensive metropolitan
treatment plan as described in section 8(f) of the Federal Water Pol-
lution Control Act as in effect immediately prior to the date of enact-
ment of these amendments. No treatment works shall receive Federal
grants from all sources including this provision in excess of 80 per
centum of the cost of the project.
Subsection (b) is the same as that subsection in the Senate bill
which requires that the project meet the requirements of section 8
prior to the date of enactment of these amendments rather than the
requirements of that section as they were contained in the law im-
mediately prior to such date of enactment.
Subsections (c) and (d) of section 206 of the conference substitute
require that an application for assistance under this section be filed
[p. 114]
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742 LEGAL COMPILATION — SUPPLEMENT I
with the Administrator within one year of the date of enactment of
the Federal Water Pollution Control Act Amendments of 1972, and
authorizes the revision from time to time thereafter of that applica-
tion. Further, the Administrator is required to allocate to eacli quali-
fied project under subsection (a) each fiscal year for which funds are
appropriated under this section an amount whicli bears the same ratio
to the unpaid balance of the reimbursement due such project as the
total of such funds for such year bears to the total unpaid balance of
reimbursement due all such approved projects on the date of enactment
of the appropriation. The Administrator is required to allocate to each
qualified project under subsection (b) each fiscal year for which funds
are appropriated under this section an amount which bears the same
ratio to the unpaid balance of the reimbursement due such project as
the total of such funds for such year bears to the total unpaid balance
of reimbursement due all such approved projects on the date of enact-
ment of such appropriation.
The remainder of this section is the same as the House amendment.
AUTHORIZATION
Senate
Section 207 authorizes $14 billion for construction grants, not to
exceed $2 billion of which would be authorized for fiscal 1972, $3 bil-
lion for fiscal 1973, $4 billion for fiscal 1974, and $5 billion for fiscal
1975. Up to 5 percent of the fiscal 1972-74 funds are authorized for
expenditures on waste treatment management.
House amendment
Section 207 authorizes for construction grants and to carry out title
II, except sections 208 and 209, $5 billion for fiscal 1973, $6 billion for
fiscal 1974, and $7 billion for fiscal 1975.
Conference substitute
Section 207 of the conference substitute authorizes not to exceed
$5,000,000,000 for fiscal 1973, not to exceed $6,000,000,000 for fiscal
1974, and not to exceed $7,000,000,000 for fiscal 1975. Funds for waste
treatment management are authorized in section 208.
DISBURSEMENT
Senate bill
Section 208 authorizes the Administrator to make payments through
the Department of the Treasury.
House amendment
No comparable provision.
Conference substitute
No comparable provision.
AREAWIDE WASTE TREATMENT MANAGEMENT
Senate bill
Under section 209, the Administrator is required to establish guide-
lines under which each State Governor would designate waste manage-
ment regions and an agency to develop a waste management plan for
[p. H5]
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WATER—STATUTES AND LEGISLATIVE HISTORY 743
each of the regions. If a Governor fails to designate agencies, the chief
local officials in the area may assume the responsibility.
Within two years of designation, all such agencies are required to
develop waste treatment management plans to regulate all sources
of pollution within a region. A six-month extension could be granted
to individual regions.
The plan is required to contain waste treatment construction priori-
ties and information on waste treatment needs for a 20-year period,
and to create a regulatory program to control industrial discharges
and disposal of pollutants onto the land or into subsurface excava-
tion. Also, to the extent possible, the plan is required to include control
over pollution related to agriculture, mine water, construction, and
salt water intrusion.
The Administrator is required to assist in financing development of
the plans, and the Corps of Engineers is authorized, upon request of
a Governor, to provide technical assistance.
After a Governor has designated regional agencies, he is responsible
for carrying out of the plan, building waste treatment facilities, and
assessing user charges. After July 1, 1974, all grants w7ould go to a
designated agency for projects that conform with the waste manage-
ment plan. After an agency is designated, 100 percent planning grants
are available for the first two years and 75 percent grants are avail-
able thereafter.
House amendment
Section 208 authorizes areawide waste treatment management plans.
Under the planning process, the Administrator is required to promul-
gate regulations designating urban industrial and other areas with
serious water quality control problems.
The Governor of each State would designate areas requiring area-
wide planning and appoint a planning agency for each State. Plans
should be developed by existing regional organizations whenever pos-
sible. After the planning organizations have been designated, they
would have two years to initiate a planning process.
The plans must include the anticipated construction required to meet
municipal and industrial waste treatment needs for 20 years, estab-
lishment of construction priorities, establishment of regulatory pro-
grams, and designation of agencies required to manage the program.
When a plan is submitted to the Administrator for approval, the
Governor may include the name of one or more agencies capable of
carrying out pollution control within the planning areas.
After a plan is approved by the Administrator, the Governor must
annually certify revisions in conformance with basin plans, and pro-
vide an evaluation of the plan's effectiveness.
The section authorizes $100 million for fiscal 1973 and $150 million
for fiscal 1974 to be used by planning agencies. For fiscal 1973-75,
the Administrator would make 100 percent grants to the agencies,
with a ceiling of 75 percent for fiscal years thereafter.
In addition to grants, the section authorizes the Administrator
to provide the agencies consulting services and technical assistance.
The section also authorizes the Corps of Engineers at the request of
a State to assist planning agencies in developing and operating a
continuing management process. For each of fiscal 1973 and 1974, $50
million would be authorized for the Corps' assistance.
[p. H6]
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744 LEGAL COMPILATION—SUPPLEMENT I
Conference substitute
Section 208 of the conference substitute is the same as the Senate
bill and the House amendment with the following changes:
(1) In designating the boundaries of areas having substantial water
quality control problems, the Governor is required to consult with
appropriate elected and other officials of local governments having
jurisdiction in such areas and the Governor is required to designate
a single representative organization, including elected officials from
local governments or their designees, capable of developing an effec-
tive areawide waste treatment management plan for the area.
(2) If the Governor does not designate an area within the time re-
quired or does not make a determination not to make such a designa-
tion within the time required by paragraph (2) of subsection (a) of
this section or, in the case of an interstate area, if the Governors of
the States involved do not designate a planning organization within
the time required by paragraph (3), then the chief elected officials
of local governments within the area may, by agreement, designate the
boundaries of the area and an organization composed of elected officials
from the general public, local governments within the area, and
other appropriate individuals capable of developing an areawide
waste treatment management plan for such area.
(3) A State is required to act as a planning agency for all portions
of the State which are not specifically designated under paragraph
(2), (3), or (4) of the subsection.
(4) The requirement that a designated organization have in opera-
tion a continuing areawide waste treatment management planning
process within two years of the date of designation of the organization
is reduced to one year, and the initial plan prepared in accordance
with the process is to be certified by the Governor and submitted to
the Administrator not later than two years after the planning proc-
ess is in operation.
(5) Any plan prepared under the process is required to identify,
if appropriate, "silviculturally" related nonpoint sources of pollution
as well as agriculturally related nonpoint sources and includes forest
lands.
(6) Any plan prepared under the process is also required to in-
clude a process to control the disposition of all residual waste generated
within the area which could affect water quality and a process to con-
trol the disposal of pollutants on land or in subsurface excavations
within the area to protect ground and surface water quality.
(7) Whenever the Governor of a State determines and notifies the
Administrator that consistency with a statewide regulatory program
under section 203 so requires, then the requirements of clauses (F)
through (K) of paragraph (2) of subsection (b) of this section are
required to be developed and submitted by the Governor to the Ad-
ministrator for application to all regions within such State.
(8) The Governor of each State, in consultation with the planning
agency designated under subsection (a) of this section, at the time a
plan is submitted to the Administrator, shall designate one or more
waste treatment management agencies (which may be an existing or
newly created local regional or State agency or political subdivision)
for each area designated under subsection (a) of this section and sub-
mit such designations to the Administrator. The Administrator is
[P.
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WATER—STATUTES AND LEGISLATIVE HISTORY 745
required to accept such designation unless within 120 days of the desig-
nation he finds that the designated management agency (or agencies)
does not have adequate authority to carry out the same requirements as
are provided in clauses (A) through (I) of paragraph (2) of sub-
section (c) of section 208 of the House amendment.
(9) In lieu of the authorization of $100,000,000 for fiscal year 1973
submit to the Administrator each proposal for which a grant is applied
for, and the Administrator is required to act upon such proposal as
soon as practicable after submission. His approval of that proposal is a
contractual obligation of the United States for payment of its con-
tribution to the proposal. Not to exceed $50,000,000 is authorized for
fiscal 1973, not to exceed $100,000,000 for fiscal 1974, and not to exceed
$150,000,000 for fiscal 1975.
BASIN PLANNING
Senate bill
No comparable provision.
House amendment
Section 209 requires the President, acting through the Water Re-
sources Council, to prepare a "Level B" plan, for all basins, under the
Water Resources Planning Act. All plans must be completed by Jan-
uary 1, 1980. A total of $200 million would be authorized for develop-
ment of the basin plans.
Conference substitute
This provision is the same as the House amendment except for minor
clerical changes.
The conferees adopted the House amendment directing the Presi-
dent, through the Water Resources Council, to require the prepara-
tion of comprehensive regional or river basin plans (Level B) for all
areas of the Nation by 1980, and authorizing appropriations not to
exceed $200 million for this purpose. It is the conferees' intent not to
displace or duplicate existing river basin planning authorizations and
agencies. While preparation of the plans required by this provision
will be managed by the Council, the bulk of the funds authorized will
be transferred to and utilized in the actual conduct of these studies by
the Environmental Protection Agency, the Corps of Engineers, and
other agencies having primary statutory responsibility for the prep-
aration of plans for a given basin.
ANNUAL SURVEY
Senate bill
No comparable provision.
Hou&e amendment
Section 210 requires the Administrator to make an annual survey of
operation and maintenance of publicly owned treatment works and to
include the results of the survey in required annual reports to
Congress.
Conference substitute
This section is the same as the House amendment.
[p. 118]
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746 LEGAL COMPILATION—SUPPLEMENT I
SEWAGE COLLECTION SYSTEMS
Senate bill
No comparable provision.
House amendment
Section 211 allows grants for sewage collection systems only when
the system is for an existing community and is necessary to the
integrity of a total waste treatment works system.
Conference substitute
This section provides that no grant shall be made for a sewer col-
lection system unless the grant (1) is for replacement or major
rehabilitation of an existing system and is necessary to the total
integrity and performance of the waste treatment works servicing
the community, or (2) is for a new collection system in the existing
community with sufficient existing or planned capacity to adequately
treat the collected sewage and is consistent with section 201.
The authority provided in this section covers only communities in
existence on the date of the enactment of this bill. It is the committee's
intent that sewage collection systems for new communities, new sub-
divisions or newly developed urban areas, be addressed in the planning
of such areas and be included as a part of the development costs of the
new construction in these areas. They are not to be covered under the
construction grant program.
DEFINITIONS
/Senate bill
Section 210 defines the terms "construction", "treatment works",
"replacement", "industrial user", and "grant" for the purposes of
title II.
House amendment
Section 212 defines the same terms as are defined in the Senate bill
for the purposes of title II except for the deletion of the definition
of the term "grant".
Conference substitute
The conference substitute is basically the same as the Senate bill
as revised by the House amendment, except for the deletion of the
definition of the term "industrial user" which has been placed in the
general definitions section in title V.
TITLE III—STANDARDS AND ENFORCEMENT
EFFLUENT LIMITATIONS
Senate bill
The discharge of any pollutant is illegal, except as permitted under
section 301, 302, 306, 307, or 402.
By January 1, 1976, all point sources of pollution, except publicly
owned treatment works, must have in use the best practicable treat-
ment technology or meet any section 307 pretreatment standard, if the
effluent is sent through a publicly owned treatment works.
[p. 119]
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WATER—STATUTES AND LEGISLATIVE HISTORY 747
All publicly owned facilities must utilize secondary treatment by
that same date, or within four years of the date that construction was
started on any grant project begun prior to June 30, 1974.
By 1981, point sources, other than publicly owned treatment works,
must eliminate the discharge of pollutants. An exception to this re-
quirement shall be granted if the owner presents information to the
Administrator showing that compliance cannot be attained at a rea-
sonable cost. If that occurs, the discharge limitation for that source
shall be the best available technology. The section 307 pretreatment
standard covers any industrial discharge into publicly owned treat-
ment works.
Any publicly owned treatment works that is approved after
June 30, 1974, must comply with section 201.
This section requires that all effluent limitations must be reviewed
at least every five years.
A prohibition is declared on the discharge of any radiological,
chemical, or biological warfare material, or any high-level radio-
active waste.
House amendment
Section 301 requires that effluent limitations be in effect by 1976.
All point sources of pollution discharge, other than publicly owned
treatment works, are required to achieve effluent limitations requiring
use of "the best practicable control technology".
Publicly owned treatment works in existence on January 1,1976, or
those approved for construction grants before June 30, 1974, are
required to meet effluent limitations based on secondary treatment as
defined by the Administrator.
By January 1, 1981, point sources other than publicly owned works
are required to eliminate discharge of pollutants unless it is demon-
strated that compliance is not attainable at a reasonable cost. If that
can be shown, point sources other than publicly owned works would
be required to apply the best available demonstrated technology.
Conference substitute
Section 301 (a) is the same as the Senate bill and the House amend-
ment.
Paragraph (1) of subsection (b) of section 301 is the same as the
provisions in the Senate bill and the House amendment, except that the
date of January 1,1976, which requires effluent limitations based upon
best practicable control technology for point sources other than public-
ly owned treatment works is extended to July 1,1977, and for publicly
owned treatment works effluent limitations based on secondary treat-
ment is also extended from January 1,1976, to July 1,1977. In addition,
the requirement that by January 1, 1976, any more stringent limita-
tions including those necessary to meet water quality standards, treat-
ment standards, or schedules of compliance established pursuant to any
other State or Federal law or regulation or required to implement an
applicable water quality standard is extended from January 1, 1976,
to July 1,1977, and is confined to those standards or schedules of com-
pliance established pursuant to any State law or regulation (under
authority preserved by section 510) or any other Federal law or
regulation.
Paragraph (2) (A) of subsection (b) of section 301 is amended
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748 LEGAL COMPILATION—SUPPLEMENT I
to provide that not later than July 1, 1983, effluent limitations for
categories and classes of point sources other than publicly owned
treatment works which (i) shall require application of the best
available technology economically achievable for such category or
class, which will result in reasonable further progress toward
the national goal of eliminating the discharge of all pollutants,
as determined in accordance with regulations issued by the Adminis-
trator pursuant to section 304(b) (2), which effluent limitations shall
require the elimination of discharges of all pollutants if the Adminis-
trator finds, on the basis of information available to him (including
that developed under section 315) that such elimination is technologi-
cally and economically achievable for a category or class of point
sources as determined in accordance with regulations issued by the
Administrator pursuant to section 304(b)(2), or (ii) in the case of
the introduction of a pollutant into a publicly owned treatment works
which meets the requirements of subparagraph (B) of this para-
graph, shall require compliance with any applicable pretreatment re-
quirements and any other requirement under section 307, and para-
graph (2) (B) provides that not later than July 1,1983, compliance by
all publicly owned treatment works with the requirements set forth in
section 201 (g) (2) (A) of this Act.
Subsection (c) of section 301 of the conference substitute provides
that the Administrator may modify the requirements of subsection
(b) (2) (A) of this section with respect to any point source for which
a permit application is filed after July 1, 1977, on a showing by the
owner or operator of such point source satisfactory to the Adminis-
trator that the modified requirements (1) will represent the maximum
use of technology within the economic capability of the owner or oper-
ator, and (2) will result in reasonable further progress toward the
elimination of the discharge of pollutants.
Subsections (d), (e), and (f) of the conference substitute are the
same as subsections (c), (d), and (e) of this provision of the House
amendment.
The conferees intend that the Administrator or the State, as the
case may be, will make the determination of the economic impact of an
effluent limitation on the basis of classes and categories of point sources,
as distinguished from a plant by plant determination. However, after
July 1, 1977, the owner or operator of a plant may seek relief from
the requirement to achieve effluent limitations based on best available
technology economically achievable. The burden will be on him to
show that modified requirements will represent the maximum use
of technology within his economic capability and will result in reason-
able further progress toward the elimination of the discharge, of pol-
lutants. If he makes this showing, the Administrator may modify the
requirements applicable to him.
WATER QUALITY RELATED KFFM'KXT LIMITATIONS
Senate Mil
Section 302 requires more stringent standards than those required
by section 301 if such effluent limits would interfere with attaining
the 1981 interim goal. The interim goal requires a water quality assur-
[P- 121]
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WATER—STATUTES AND LEGISLATIVE HISTORY 749
ing protection and propagation of fish, shellfish, and wildlife, and
provides for recreation in and on the water. Before a more restrictive
standard can be set, the balance between the economic and social costs
of a new limitation and the social and economic benefits are required
to be determined at an administrative hearing.
House amendment
Section 302 would permit the setting of more stringent standards
than those required by section 301, essentially using the same tests as
the Senate bill. Before a more restrictive standard can be set, how-
ever, the House bill requires written comment and public hearings to
determine economic, social, and environmental costs as compared to
their benefits. If a person shows there is no reasonable relationship
between these costs and benefits, then the limitation shall be adjusted
as it applies to that person.
Conference substitute
Section 302 of the conference substitute is the same as section 302
of the Senate bill with the exception that all authority granted to a
State in this section has been eliminated.
AQTJACULTURE
Senate bill
Section 303 authorizes the Administrator to allow discharges of
pollutants under controlled conditions for approved aquaculture
projects.
House amendment
Section 318 authorizes the Administrator, after hearings, to permit
discharge of specific pollutants under controlled conditions associated
with an approved aquaculture project. The Administrator is required
to establish procedures and guidelines necessary to carry out this pro-
vision by January 1,1974.
Conference substitute
Section 318 of the conference substitute is the same as that provi-
sion in the Senate bill and the House amendment.
WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS
Senate Mil
No comparable provision.
House amendment
Section 303 of the House amendment continues the use of water
quality standards contained in the existing law. Existing standards are
adopted for the purposes of this revision both as to interstate and in-
trastate waters in the case where such standards have not been adopted
and they are required to be adopted within 180 days from the date of
enactment. Provision is made for the revision of existing standards and
the adoption of new ones in the future. In addition, the State is re-
quired to rank by priority and establish daily loads with seasonal
variations and, further, within 120 days to submit for approval by the
Administrator a proposed continuing planning process consistent with
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750 LEGAL COMPILATION—SUPPLEMENT I
the Act. Plans prepared under such process are required to include
effluent limits, schedules of compliance, area wide waste treatment man-
agement plans, daily load limits, and adequate implementation controls
over the disposition of residual waste and an inventory and ranking of
needs for construction.
Conference substitute
This is the same as the provision in the House amendment, with the
following exceptions:
(1) Subsection (d)(l) requires each State to identify the waters
within its boundaries for which effluent limitations required by section
301 are not stringent enough to implement a water quality standard
applicable to the waters. The State is to establish a priority ranking
for such waters, taking into account the severity of the pollution and
uses to be made of the water.
(2) Each State is to identify waters within its boundaries for which
controls on thermal discharges under section 301 are not stringent
enough to protect a balanced indigenous population of shellfish, fish,
and wildlife.
(3) Each State is to establish for waters identified under paragraph
(1) (A) in accordance with the priority ranking the total maximum
daily load for those pollutants which the Administrator identifies as
suitable for such calculation. This is to be established at a level neces-
sary to implement water quality standards with seasonal variations
and a margin of safety.
(4) Each State is to estimate for the waters identified in paragraph
(1) (B) the total maximum daily thermal load required-to assure pro-
tection and propagation of a balanced indigenous population of shell-
fish, fish, and wildlife. These estimates are to take into account normal
water temperatures, flow rates, seasonal variations, existing sources of
heat input, and dissipative capacity. In addition, they shall include a
calculation of maximum heat input, including a margin of safety.
(5) The State is to submit to the Administrator from time to time
the waters so identified and loads so established. The Administrator
is to approve or disapprove the identification and load within 30 days
after submission. If they are approved, the State must incorporate
them into its plan under subsection (e). If he disapproves them, he is
required to identify the waters and establish the loads, and the State
is to incorporate that into its current plan.
(6) For the purpose of developing information, each State is to
identify all waters which it has not otherwise identified under this
subsection and estimate for them the total maximum daily load with
seasonal variations and margins for safety of pollutants and for ther-
mal discharges at a level that would assure protection and propaga-
tion of a balanced indigenous population of fish, shellfish, and wild-
life.
(7) Each State is required to have a continuing planning process
consistent with this Act and to submit such plan within 100 days
after the date of enactment of this Act to the Administrator for his
approval. The Administrator must approve or disapprove such proc-
ess within 30 days after submission, and he must, from time to time,
review the State's approved planning process to insure that it is at
all times consistent with the Act.
[p. 123]
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WATER—STATUTES AND LEGISLATIVE HISTORY 751
(8) The Administrator is not to approve any State permit program
under title IV for any State not having such an approved planning
process.
(9) The planning process must include a process which will result
in plans for all navigable waters within the State which include,
among other things, total maximum daily loads for pollutants and
thermal discharges.
INFORMATION AND GUIDELINES
Senate bill
Section 304 directs the Administrator to publish criteria on water
quality within one year after enactment of the law. The criteria must
reflect the latest scientific information on factors needed for restora-
tion of the natural chemical, physical, and biological integrity of all
navigable waters; propagation of fish, shellfish, and wildlife; and
allowT swimming, together with the effects that individual pollutants
have on fish, plant life, and beaches as well as the movement of par-
ticular pollutants through the life chain.
Within one year after enactment, the Administrator is required
to publish effluent limitation guidelines that identify the degree of
effluent reduction that is attainable through the use of the best prac-
ticable available technology. Similar guidelines are required for assess-
ing the degree of effluent reduction attained in the use of the best
available technology. Such guidelines shall specify the factors to be
taken into consideration in assessing both the best practicable and
available technology, including the age of equipment and facilities,
the process employed, and the cost of achieving such a reduction.
The section requires the Administrator to issue information on
processes, procedures, and operating methods that would result in
the reduction or elimination of discharges to meet required perform-
ance standards. The Administrator is required to issue information
on alternative waste treatment systems which will be considered under
treatment works construction grants.
The Administrator is required to publish guidelines and procedures
on the impact of water quality of hydrographic modification work,
and for identifying and controlling pollution from such nonpoint
sources as agriculture, mining activities, and construction. The Ad-
ministrator shall publish guidelines on pretreatment standards for
pollutants which are not susceptible to treatment by publicly owned
treatment works.
Guidelines for the required test procedures to analyze pollutants,
and for the monitoring, reporting, and enforcement requirements
under a State permit program shall be published by the Administrator.
Beginning in fiscal 1973, $100 million would be authorized an-
nually under section 304.
House amendment
Section 304 of the House amendment basically requires the pub-
lication of the same criteria and guidelines as are provided in the Sen-
ate bill, except that it also requires the identification of pollutants suit-
able for maximum daily load measurements and requires with respect
to the factors relating to the assessment of best practicable control
technology and best available demonstrated technology to include
[p. 124]
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752 LEGAL COMPILATION—SUPPLEMENT I
the economic, social, and environmental impact of achieving the ef-
fluent reduction and of foreign competition. In addition, in estab-
lishing guidelines for State programs under Section 402 (permits)
the House requires that these include guidelines on funding, person-
nel qualifications, and manpower requirements (including conflict
of interest provisions).
Conference substitute
Section 304(a) (1) is the same as that provision in the Senate bill
and the House amendment.
Section 304(a) (2) is the same as that provision in the House
amendment, except that information on the factors necessary for the
protection and propagation of shellfish, fish, and wildlife must be
developed for classes and categories of receiving waters, and on the
identification of pollutants suitable for maximum daily load measure-
ment correlated v ith the achievement of water quality objectives is to
be developed for the purpose of section 303.
Section 304(a) (3) is the same as the Senate bill and the House
amendment.
Section 304(b) (1) (A) is the same as the Senate bill and the House
amendment.
Section 304(b) (1) (B) provides that the Administrator's regulations
providing guidelines for effluent limitations shall specify factors to be
taken into account in determining the control measures and practices
to be applicable to point sources (other than publicly owned treatment
works) within categories or classes. Factors relating to the assessment
of best practicable control technology currently available to comply
with section 301 (b) (1) shall include consideration of the total cost of
application of technology in relation to the effluent reduction benefits
to be achieved from such application, and shall also take into account
the age of equipment and facilities involved, the process employed, the
engineering aspects of the application of various types of control tech-
niques, process changes, non-water environmental impact (including
energy requirements), and such other factors as the Administrator
deems appropriate.
Section 304 (b) (2) (A) is the same as the comparable provision of
the House amendment with the exception that the degree of effluent
reduction attainable through the application of the best available
demonstrated control measures and practices is revised to provide the
degree of effluent reduction attainable through the application of the
best control measures and practices achievable.
Section 304(b) (2) (B) would require that the guideline regulations
specify factors to be taken into account in determining the best meas-
ures and practices available to comply with subsection (b) (2) of sec-
tion 301 to be applicable to any point source (other than publicly owned
treatment works) within categories or classes. Factors relating to the
assessment of best available technology shall take into account the age
of equipment and facilities involved, the process employed, the engi-
neering aspects of the application of various types of control tech-
niques, process changes, the cost of achieving such effluent reduction,
non-water quality environmental impact (including energy require-
ments) , and such other factors as the Administrator deems appropriate.
Section 304 (b) (3) is the same as that provision in the Senate bill
and the House amendment.
[p. 125]
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WATER—STATUTES AND LEGISLATIVE HISTORY 753
Section 304(c) is the same as that provision in the Senate bill and
the House amendment, except that the one-year period for the issuance
of information is reduced to 270 days.
Sections 304(d) through (g) are the same as the comparable provi-
sions of the Senate bill and the House amendment.
Section 304 (h) is the same as the comparable provision of the House
amendment, except that the 90-day period for guidelines for uniform
application forms and minimum requirements is reduced to 60 days.
Section 304 (i) is the same as the comparable provision of the
Senate bill and the House amendment, except that the one-year period
for issuance of information is reduced to 270 days..
Section 304 (j) is the same as the comparable provision of the Senate
bill and the House amendment.
Except as provided in section 301 (c) of this Act, the intent of the
Conferees is that effluent limitations applicable to individual point
sources within a given category or class be as uniform as possible. The
Administrator is expected to be precise in his guidelines under subsec-
tion (b) of this section, so as to assure that similar point sources with
similar characteristics, regardless of their location or the nature of the
water into which the discharge is made, will meet similar effluent
limitations.
WATER QUALITY INVENTORY
Senate bill
Section 305 requires the Administrator by July 1, 1973, to send
Congress a report describing the specific quality of all United States
waters as of January 1, 1973.
The section requires that the report identify all navigable waters
which presently allow recreational activities and provide protection
for fish propagation, those waters which will meet such standards by
1976 or 1981, and those which will do so at some future date.
Each State is required to submit by July 1, 1974, and annually
thereafter, a report describing the existing water quality of all its
navigable waters. The report, shall correlate existing water quality
with the water quality criteria under section o04(a) and include an
analysis of to what extent the waters provide swimming and fish
protection. Each State is required to submit an estimate on the eco-
nomic and social costs necessary to achieve such water quality, and
when such achievement is expected.
The report describes the nature and extent of nonpoint sources of
pollutants, programs to control such sources, and the cost of such
programs.
House amendment
Section 305 requires the Administrator to report on the specific
quality of all United States waters during 1972 by July 1, 1973.
The report would identify and inventor} point sources of discharge.
together with an analysis of each discharge.
Each State is required to submit a report describing the existing
water quality of all its navigable waters by July 1, 1974, and annually
thereafter. The States are required to submit an estimate of the costs
of achieving water quality that protects fish and wildlife areas suit-
able for recreation.
[p. 126]
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754 LEGAL COMPILATION—SUPPLEMENT I
Conference substitute
This is the same as the Senate bill and the House amendment except
that subsection (b)(l)(D) has been revised to require the annual
State report to include an estimate of (i) the environmental impact,
(ii) the economic and social costs necessary to achieve the objectives
of the Act in that State, (iii) the economic and social benefits of such
achievement, and (iv) an estimate of the date of such achievement.
Appropriate reporting date revisions have been made.
NATIONAL STANDARDS OF PERFORMANCE
Senate "bUl
Section 306 requires new sources of pollution in at least twenty-eight
specified industries to be constructed to meet a standard that reflects
the greatest degree of effluent reduction that can be achieved by use of
the latest available control technology. If it is practicable, this could
be a standard that permits no discharge of pollution. The Environ-
mental Protection Agency must promulgate the best available tech-
nology standard for each industry. That technology must be followed
by each plant which by modification becomes subject to the new source
standards, unless the economic and social costs of achieving such a
standard far exceeds the social and economic benefits. If that occurs,
a lesser standard will be promulgated.
The Administrator may distinguish among classes and sizes of new
sources. He may also delegate this authority to individual States if
they develop procedures for setting and enforcing such standards.
House amendment
Section 306 requires all new stationary sources to be constructed to
meet a standard which reflects the greatest degree of effluent reduc-
tion that can be achieved by use of "the latest available demonstrated
technology". If practicable, the standard would permit no discharge
of pollutants.
In setting such standards, the Administrator is required to con-
sider the costs and benefits of attaining such a degree of effluent
reduction.
The House provision is very similar to the Senate bill, except for
the elimination of cotton ginning from the list of industries initially
required to be covered and the requirement that in establishing these
performance standards for new sources, age of equipment, process
employed, engineering aspects of the application of various tech-
niques, process changes, and the cost and economic, social, and environ-
mental impact, and foreign competition be taken into consideration.
In addition, the House eliminates the authority for delegation of this
provision to the States.
Conference substitute
Section 306 (a) is the same as the comparable provision of the Senate
bill and the House amendment with the exception of the elimination
of the term "modification", which reduces the application of this sec-
tion solely to new construction.
Section 306(b) (1) (A), except for a minor technical change, is the
same as the comparable provision of the Senate bill and the House
amendment.
[p. 127]
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WATER—STATUTES AND LEGISLATIVE HISTORY 755
Section 306(b) (1) (B) is the same as the comparable provision of
the Senate bill, except that in establishing or revising Federal stand-
ards of performance for new sources the Administrator shall take
into consideration the cost of achieving the effluent reduction and any
non-water quality environmental impact and energy requirements.
Section 306(b)(l)(C) of the Senate bill and the House amend-
ment has been eliminated.
Subsection (d) of this section of the conference substitute modifies
the Senate bill to authorize a State to develop and submit to the Ad-
ministrator a procedure under State law for applying and enforcing
standards of performance for new sources located in that State. If
the Administrator finds that this procedure and law require appli-
cation and enforcement of standards of performance to at least the
same extent as is required by this section, then the State is authorized
to apply and enforce such standards of performance (except with
respect to new sources owned or operated by the United States).
The conferees included a provision comparable to section 301 (f) of
the House amendment. Any point source the construction of which is
begun after the date of enactment of the Federal Water Pollution
Control Act Amendments of 1972 which is constructed so as to meet all
applicable standards of performance is not to be subject to any more
stringent standard of performance during the ten-year period be-
ginning on date of completion or during the period of depreciation
or amortization for Federal tax purposes, whichever period ends first.
The Conference substitute on section 306 follows, for all practi-
cable purposes, the intent of both the Senate bill and House amend-
ment. The Conference substitute requires establishment of a regulatory
mechanism for new sources which anticipates! not only that level of
effluent reduction which can be achieved by the application of tech-
nology (including where practicable elimination of the discharge
of pollutants), but also the achievement of levels of pollution control
which are available through the use of improved production processes,
taking into consideration the cost of achieving such effluent reduction.
This does not mean that the Administrator is to determine the kind
of production processes or the technology to be used by a new source.
It does mean that the Administrator is required to establish standards
of performance which reflect the levels of control achievable through
improved production processes, and of process technique, etc., leaving
to the individual new source the responsibility to achieve the level
of performance by the application of whatever technique determined
available and desirable to that individual owner or operator.
The Conferees deleted reference to the term "modification" when
applied to new sources. The inclusion of this requirement in the Senate
and the House bill was believed by the Conferees to be superfluous
in light of the provisions which require existing sources (which might
become subject to new source performance standards as a result of
modification) to meet specific levels of effluent reduction by specific
dates pursuant to section 301. To subject those sources to interim
levels of control, simply because, of a "modification", would be re-
dundant with the requirements of effluent limitations based on best
practicable and best available technology. In any event, if an existing
[p. 128]
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756 LEGAL COMPILATION — SUPPLEMENT I
source modifies or changes its operation so as to alter the nature or
amount of pollutants discharged, these would be a violation of the
conditions of an existing permit and subject to review by the per-
mitting agency. Further action by that source could be required. The
Conferees determined that the process established under section 306
for "modifications" would be burdensome, duplicative and, therefore,
it was deleted.
TOXIC AND PRETREATMENT EFFLUENT STANDARDS
Senate bill
Section 307 requires the Administrator to publish, within 90 days of
enactment, a list of pollutants that are determined to be toxic. Six
months after publication of such list, the Administrator must publish
proposed effluent limitations for the pollutants. The limitation can be
a discharge prohibition.
The Administrator also is required to hold a hearing within 30 days
after publishing the proposed limitations, and to promulgate the stand-
ards no later than six months after publishing the proposed stand-
ards. However, the standards may be varied if testimony at the hear-
ing warrants such action. The bill provides that any standard or
prohibition shall become effective no later than one year after
promulgation.
Section 307 (b) 'requires the Administrator to set national pretreat-
ment standards for the discharge of pollutants into publicly owned
treatment works. The standards shall cover pollutants that are not
susceptible to treatment at the treatment facility or that would inter-
fere with operation of a municipal treatment plant.
House amendment
Section 307 requires the Administrator to publish a list of toxic
pollutants within 90 days of enactment of the title. Six months later
the Administrator must publish a proposed effluent standard for each
listed toxic pollutant. The standards may include a prohibition of the
discharge of a toxic pollutant or combination of pollutants.
The section also requires the Administrator to set national pre-
treatment standards. The standards shall be utilized to prevent intro-
duction of industrial and commercial pollutants into municipal col-
lection systems and treatment plants.
Conference substitute
Sections 307 (a) (1) and (2) are the same as the comparable pro-
visions of the House amendment, except that the Administrator is
required to take into account the usual or potential presence of the
affected organisms in any water rather than in the receiving waters
as is provided in the House amendment.
Sections 307 (a) (3) and -(4) are the same as the comparable provi-
sions of the Senate bill and the House amendment.
Section 307 (a) (5) provides that when proposing or promulgat-
ing any effluent standard or prohibition under this section the Adminis-
trator shall designate the category or categories of sources to which
the standard or prohibition shall apply. Any disposal of dredged
material may be included in such a category of sources after consulta-
tion with the Secretary of the Army.
[p- 129]
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WATER—STATUTES AND LEGISLATIVE HISTORY 757
Section 307(a) (6) and (7) and section 307 (b) are the same as the
comparable provisions in the Senate bill and the House amendment.
Pretreatment of biological waste that is compatible with the treat-
ment provided by a publicly owned waste treatment plant into which
such waste is introduced may not be necessary. Examples of such
biological waste may be the normal effluent of a brewery and of food
processing plants where the composition and proportion of such efflu-
ent is compatible with the municipal waste treatment system. In no
event is it intended that pretreatment facilities! be required for com-
patible wastes as a substitute for adequate municipal waste treat-
ment works.
The conference substitute also contains two new subsections lettered
(c) and (d). Subsection (c) provides that, in order to insure that any
source introducing pollutants into a publicly owned treatment works
which would be a new source subject to section 306 if it were to dis-
charge directly into the navigable waters the pollutant itself will not
cause a violation of the effluent limitations established for the treat-
ment works, the Administrator shall promulgate pretreatment stand-
ards for the category of such sources simultaneously with the promul-
gation of standards of performance under section 306 for the equivalent
category of new sources. These pretreatment standards shall prevent
the discharge of any pollutant into the treatment works, which pol-
lutant may interfere with, pass through, or otherwise be incompatible
with such works. Subsection (d) provides that after the effective date
of any effluent standard or prohibition or pretreatment standard
promulgated under this section it shall be unlawful for any owner or
operator of any source to operate any source in violation of any such
effluent standard or prohibition or pretreatment standard.
Under the conference substitute individual industrial users of
municipal waste treatment plants will not be required to obtain a per-
mit under section 402. However, the conferees agree, in section 402
(b) (8), that each municipal waste treatment plant permit must iden-
tify any industrial users and the quality ami quantity of effluents
introduced by them. The Conference substitute provides that violation
of pretreatment standards is enforceable directly against the indus-
trial user by the Administrator. The conferees intend that the agency
which issues the permit for a publicly owned treatment works shall
receive notice of changes in the quality and quantity of the effluent
to be introduced into such treatment works by any industrial user and
have an opportunity to examine the impact on the discharge from
such works resulting from such changes for the purpose of determin-
ing if there may be a violation of the permit. The conferees intend
that the monitoring requirements of section 308 shall apply to indus-
trial users introducing effluents to a publicly owned treatment works.
The conference substitute also provides that the Administrator
shall establish pretreatment standards for new sources simultaneously
with the establishment of new source performance standards in order
to assure that any new source industrial user of municipal waste treat-
ment plants will achieve the effluent controls necessary to assure that
such users' effluents when introduced into the publicly owned works
will not cause a violation of the permit and to eliminate from such
[p. 130]
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758 LEGAL COMPILATION — SUPPLEMENT I
effluents any pollutants which might interfere with, pass through, or
otherwise be incompatable with the functioning of the municipal
plant.
INSPECTIONS, MONITORING, AND ENTRY
Senate
Section 308 requires the owner or operator of any effluent source to
install and maintain pollution control equipment. The requirement
includes monitoring of the biological effects of any discharge.
The Administrator is given authority to inspect records, moni-
toring equipment, and effluents. The Administrator could delegate
such authority to any State establishing its own program.
The bill also grants the public access to any records or reports
obtained by the Administrator or a State unless a report includes
a trade secret.
House amendment
Section 308 authorizes the Administrator to require monitoring of
all point sources, to enter and inspect any premise where an effluent
source is located, and to inspect any records.
This provision is basically the same as the Senate bill except for
authority for a State to be delegated to carry out this section.
Conference substitute
This provision of the conference substitute is the same as that of the
Senate bill and the House amendment with the following exceptions :
(1) Kecords, reports, and information obtained under this section
shall, in the case of effluent data, be related to any applicable effluent
limitations, toxic, pretreatment, or new source performance standards.
(2) A State may develop and submit to the Administrator pro-
cedures under State law for inspection, monitoring, and entry with
respect to point sources located in the State. If the Administrator finds
that these are applicable to at least the same extent as those required
by this section, then the State may apply and enforce its procedures
for inspection, monitoring, and entry within the State (except with
respect to point sources owned or operated by the United States) .
FEDERAL ENFORCEMENT
Senate bill
Section 309 requires the Administrator to provide notice to a
polluter and the State upon discovering violation of any effluent
limitation. The Administrator also is required to issue a compliance
order or to bring a civil suit against the polluter.
If the Administrator discovers widespread violations of the limita-
tions, he is required to notify the State. If the State fails to act within
30 days, he is required to give public notice and assume enforcement
over all effluent limitation requirements in the State.
When the Administrator finds anyone violating any effluent limita-
tions, performance standards, toxic and pretreatment standards,
inspection and monitoring requirements, or permit requirements,
the section requires him to either issue an order that requires immediate
compliance or to bring a civil suit. If the violation involves the inspec-
[p. 131]
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WATER—STATUTES AND LEGISLATIVE HISTORY 759
tion and monitoring requirements, the Administrator's order would
not take effect until the polluter has had an opportunity to confer
with him. If such an abatement order is not complied with, the Admin-
istrator would initiate a civil suit for appropriate relief, such as an
injunction.
Anyone willfully or negligently violating provisions of the Act is
liable to a fine not to exceed $25,000 per day of violation and one year
in jail. For a willful or negligent violation under which the Admin-
istrator is required to issue an order requiring immediate compliance
or to bring a civil suit, the fine would not be less than $2,500 per
day. The penalty for a second conviction would be up to $50,000 per
day of violation and two years in jail.
Anyone who is found to have knowingly made a false statement
on any application or report, or who has tampered with a monitoring
device, is liable to a $10,000 fine and six months' imprisonment.
House amendment
Section 309 is basically the same as the Senate bill except that the
Administrator is authorized rather than required to initiate civil
actions or criminal proceedings. Civil penalties cannot exceed $10,000
per day of violation, and criminal penalties cannot exceed $50,000
per day of violation and two years' imprisonment.
Conference substitute
This is the same as the House amendment.
INTERNATIOXAT, POLLUTION ABATEMENT
Senate bill
Section 310 provides for international pollution abatement. If the
Secretary of State requests abatement of pollution from a United
States source that endangers the health or welfare of persons in a
foreign country, the Administrator must notify the State where the
discharge originates.
The section further states that if the pollution is in sufficient quantity
to warrant such action, and if the foreign nation has given the
United States similar rights over pollution originating in that nation,
the Administrator will call a hearing. The hearing board would make
a recommendation, and the Administrator shall initiate abatement
action if the board recommendation calls for a halt of the pollution.
House amendment
Section 310 is identical to the Senate bill.
Conference substitute
This provision is the same as the House amendment.
OIL AND HAZARDOUS SUBSTANCE LIABILITY
8enate bill
Section 311 which deals with oil and hazardous substance liability is
basically the same as existing law. The section is modified, however,
to add liability for the cleanup of any hazardous material discharged
into navigable waters.
The Administrator is required to designate substances and quanti-
ties that are hazardous. To be judged hazs.rdous, a pollutant must
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760 LEGAL COMPILATION—SUPPLEMENT I
present an imminent and substantial danger to the public health or
welfare, including fish, shellfish, and beaches.
The discharger of any hazardous substance that cannot be cleaned
up would be liable to a $5,000 penalty for each barrel of discharged
material. The discharger has the same defenses as under present law
for anyone discharging oil.
House amendment
Section 311 is basically the same as existing law with respect to
oil spills, but adds new provisions for hazardous substances. Discharg-
ers of hazardous substances can be fined up to $50,000. If it is deter-
mined that the discharge was willful, the discharger would be liable
to a penalty determined by the Administrator without any top limit.
The section requires the Administrator to publish a list of hazard-
ous substances. A substance can be classified as hazardous if it presents
an imminent and substantial danger to the public health and welfare,
including fish, shellfish, and beaches.
Conference substitute
This is the same as the Senate bill and the House amendment with
the following changes:
(1) Subsection (o)(2)(B) is revised as follows:
(A) The Administrator shall include in any designation of a
hazardous substance a determination of whether it can actually be
removed.
(B) A& provided in the House amendment, if a hazardous sub-
stance is determined not removable, then the owner or operator
of any vessel or onshore or offshore facility from which there is
discharged such substance shall be liable, subject to subsection (f)
defenses, to the United States for a civil penalty per discharge
established by the Administrator based on toxicity, degradability,
and dispersal characteristics of the hazardous substance. This ap-
plies during the two-year period beginning on the date of enact-
ment of the Federal Water Pollution Control Act Amendments
of 1972. Such civil penalty shall be in an amount not to exceed
$50,000 unless there is a showing of willful negligence or miscon-
duct within the privity and knowledge of the owner, in which
case there is no limit to the civil penalty.
(C) As modified from the Senate bill, from and after two years
after the date of enactment of this Act, the owner or operator of
any vessel or onshore or offshore facility from which there is dis-
charged any hazardous substance not removable shall be liable,
subject to subsection (f) defenses, to either (i) a penalty in an
amount established by the Administrator based on toxicity, de-
gradability, and dispersal characteristics of the substance, but not
less than $500 nor more than $5,000, or (ii) a penalty determined
by the number of units discharged multiplied by the .amount es-
tablished for that unit, but not more than $5,000,000 in the case
of a discharge from a vessel and $500,000 in the case of a dis-
charge from an onshore or offshore facility. The determination
of which of these two penalties shall be imposed shall bo that made
by the Administrator in his discretion. The Administrator is re-
quired to establish by regulation for every hazardous substance
which he designates a unit of measure based on usual trade prac-
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WATER—STATUTES AND LEGISLATIVE HISTORY 761
tices and is required to establish for each such unit a fixed mone-
tary amount not less than $100 nor more than $1,000 per unit. This
amount is to be based on toxicity, degradability, and dispersal
characteristics of the substance and must be established within
six months of the designation of the hazardous substance.
(2) Subsection (c)(2), which requires a "National Contingency
Plan", is amended as proposed in the Senate bill to require that plan
to include a system whereby the State or States affected by a discharge
of oil or hazardous substance may act to remove the discharge and
thereafter be reimbursed for reasonable costs.
(3) As modified from the Senate bill, subsection (p), relating to
financial responsibility, is further amended to provide for a fine of
not more than $10,000 for failure to comply with this subsection and
authorizes the Secretary of the Treasury to refuse clearance to ves-
sels not having evidence of financial responsibility and the Coast
Guard to deny entry or detain at any port any vessel not producing
on request such evidence of financial responsibility.
Notwithstanding the broad definition of "discharge" in subsection
(a) (2) the provisions of this section are not intended to apply to the
discharge of oil from any onshore or offshore facility, which discharge
is not in harmful quantities and is pursuant to, and not in violation of,
a permit issued to such facility under section 402 of this Act.
The Conferees direct that the Administrator initiate a study in co-
operation with such nonagency scientists and other experts as are
available, to identify and quantify the impact of the discharge of
designated hazardous substances on the biological, physical, and chem-
ical integrity of the Nation's waters. Such study should be submitted
to Congress no later than 18 months after enactment of this Act to-
gether with any appropriate recommendations.
The conferees hope that during the next two years the appropriate
committees of the Congress will consider the need for legislation to
improve methods of storing, shipping, and handling hazardous sub-
stances which cannot be removed from the water. If such legislation
is enacted, the conferees agree that the liability provisions of this sec-
tion will be reviewed and necessary changes proposed by the Commit-
tees on Public Works.
MARINE SANITATION DEVICES
Senate Mil
Section 312 is basically the same as existing law. However, this sec-
tion frees from State regulation any boat owner who installs a fed-
erally certified sanitation device prior to the effective date of regula-
tions requiring such devices.
House amendment
Section 312 is essentially the same as the comparable provision of the
Senate bill with the exception that in lieu of the Federal preemption
contained in the Senate bill the House subsection (f) permits a State
to completely prohibit the discharge from a vessel of any sewage,
treated or not, into any waters of the State, which the State determines
require greater environmental protection than this section would other-
wise provide.
[p. 134]
525-311 O - 73 - LO
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762 LEGAL COMPILATION—SUPPLEMENT I
Conference substitute
Section 312 is the same as the Senate bill and the House amend-
ment, except that subsection (f) is amended as follows:
(1) After the effective date of initial standards no State or political
subdivision thereof shall adopt or enforce any statute or regulation
with respect to design, manufacture, installation, or use of any marine
sanitation device on a vessel subject to this section.
(2) If, after the initial standards and regulations are promulgated
and before their effective date, a vessel is equipped with a device in
compliance with those standards and regulations and the installation
and operation is in accordance with them, then such standards and
regulations shall become effective with respect to that vessel oh the
date of its compliance therewith.
(3) After the effective date of the initial standards and regulations,
if a State determines that the protection and enhancement of the
quality of some or all of its waters requires greater environmental pro-
tection, such State may completely prohibit the discharge from all
vessels of any sewage, treated or not, into such waters, except that no
such prohibition shall apply until the Administrator determines that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for such water to
which the prohibition would apply. Upon application of the State, the
Administrator must make this determination within 90 days of the
date of the application.
(4) If the Administrator determines, on application by a State,
that the protection and enhancement of the quality of specified waters
within the State requires a prohibition, he shall by regulation com-
pletely prohibit the discharge from a vessel of any sewage, treated or
not, into such waters.
FEDERAL FACILITIES POLLUTION CONTROL
Senate bill
Section 313 requires Federal facilities to meet the same effluent limi-
tations as other sources of pollution, unless the facility is specifically
exempted by the President. The President cannot exempt a Federal
source from national performance standards or toxic and pretreat-
ment standards.
House amendment
Section 313 requires Federal facilities to meet the same requirements
as private sources of pollution unless specifically exempted by the
President in essentially the same manner as the Senate bill.
Conference substitute
This section is the same as the Senate bill and the House amend-
ment.
CLKAX LAKES
Senate bill
Section 314 requires all States to identify and classify their lakes
according to eutrophic condition, and to set up procedures to control
and restore polluted lakes.
States would be eligible for 70 percent Federal grants, with $50
million authorized for fiscal 1972, $100 million for fiscal 1973, and
$150 million for fiscal 1974.
[p. 135]
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WATER—STATUTES AND LEGISLATIVE HISTORY 763
House amendment
Section 314 requires each State to submit an identification and clas-
sification of all publicly owned fresh water lakes. The State also is
required to develop methods for preventing pollution in the lakes. A
total of $300 million would be authorized for this program in essen-
tially the same manner as the Senate bill.
Conference substitute
This section is the same as the Senate bill and the House amend-
ment, except that the authorization is for $50,000,000 for fiscal year
1973, $100,000.000 for fiscal year 1974, and $150,000,000 for fiscal
year 1975.
NATIONAL ACADEMIES STFDY
Senate bill
No comparable provision.
House amendment
Section 315 requires the National Academies of Sciences and of
Engineering to study the economic, social, environmental, and tech-
nological effects of achieving or not achieving the 1981 limitations and
goals and to report to Congress within two years their results and
recommendations. Notwithstanding any other provision of the Act,
the limitations, goals, and policies established for 1981 are not to go
into effect until such time as Congress by statute enacted after receipt
of the report specifically so provides.
Conference substitute
Section 315 of the conference substitute establishes a National Study
Commission which is to make a full and complete investigation and
study of all the technological aspects of achieving and all aspects of
the total economic, social, and environmental effects of achieving or
not achieving the effluent limitations and goals set for 1983 in section
301 (b) (2). The Commission is to be composed of 15 members—five
Members of the Senate Public Works Committee, five of the House
Public Works Committee, and five from the public, and in conduct-
ing the study the Commission is authorized to contract with the Na-
tional Academy of Sciences and the National Academy of Engineer-
ing (acting through the National Research Council), the National
Institute of Ecology, Brookings Institute, and other non-govern-
mental entities for the investigation of matters within their compe-
tence. The heads of the departments and agencies of the Federal
Government are required to cooperate with the Commission and
furnish necessary information. A report is to be submitted to Congress
not later than three years after the date of Enactment of the Federal
Water Pollution Control Act Amendments of 1972. Members of the
Commission who are not officers or employees of the United States are
entitled to receive compensation at a rate not in excess of the maxi-
mum for GS-18 of the General Schedule and, while away from their
homes or regular places of business, they may be allowed travel ex-
penses including per diem in lieu of subsistence, as authorized by law
for persons in the Government service employed intermittently. There
is an authorization of not to exceed $15,000,000 to carry out this
section. The appropriations to carry out this section should be a
part of the Legislative Branch Appropriation Act.
[p. 136]
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764 LEGAL COMPILATION—SUPPLEMENT I
REGULATION OF THERMAL DISCHARGES
Senate bill
No comparable provision.
House amendment
Section 316 requires the Administrator within one year to issue
proposed regulations to control thermal discharges. A procedure is
established to afford interested persons an opportunity to comment on
the proposed regulations and, when promulgated, the regulations are
to apply to thermal discharges from all sources unless on a case-by-
case basis the Administrator determines economic and social costs of
applying them to a particular point source bears no reasonable rela-
tionship to the benefits to be obtained, in which case the regulation
shall be adjusted for that source.
Conference substitute
The conference substitute provides that with respect to a point
source subject to section 301 or 306 of this Act if the owner or opera-
tor of that source after opportunity for public hearing demonstrates
to the Administrator's satisfaction (or, if appropriate, the State) that
any effluent limitation proposed for the control of the thermal com-
ponent of any discharge from such source requires effluent limits more
stringent than is necessary to assure the protection and propagation
of a balanced indigenous population of shellfish, fish, and wildlife in
and on the body of water into which the discharge is to be made, then
the Administrator (or State) may impose an effluent limitation with
respect to the thermal component, taking into account its interaction
with other pollutants, that will assure the protection and propagation
of a balanced indigenous population of shellfish, fish, and wildlife in
and on that water.
Any standard established pursuant to section 301 or 306 and appli-
cable to a point source shall require that the location, design, construc-
tion, and capacity of cooling water intake structures reflect the best
technology available for minimizing adverse environmental impact.
Any point source of a discharge having a thermal component, the
modification of which. point source is commenced after the date of
enactment of this legislation and which point source, as modified,
meets limitations established under section 301 or 306 or, if more
stringent, limitations established under section 303, and such limita-
tions will assure protection and propagation of a balanced, indig-
enous population of shellfish, fish, and wildlife in or on the water
into which the discharge is made, is not to be subject to any more
stringent limitation with respect to the thermal component of its dis-
charge during a ten-year period beginning on the date such modifica-
tion is completed or during the period of depreciation or amortization
of such facility for Federal tax purposes, whichever period ends first.
FINANCING STUDY
Senate bill
No comparable provision.
House amendment
Section 317 requires the Administrator to continue his investiga-
tion and study of alternative methods of financing the cost of pre-
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WATER—STATUTES AND LEGISLATIVE HISTORY 765
venting, controlling, and abating pollution, specifically, including
financing of programs after fiscal 1976.
Conference substitute
Section 317 is the same as the House amendment.
TITLE IV—PERMITS AND LICENSES
CERTIFICATION
Senate bill
Section 401 requires any applicant for a Federal license or permit
to provide the licensing agency with a State certification. The State
would be required to certify that the discharge complies with sections
301 and 302.
House amendment
Section 401 requires any applicant for a Federal license or permit
which may result in any discharge into navigable waters to provide
a certification from the originating State that the discharge complies
with sections 301, 302,306, 307, and 316 of the Act.
Conference substitute
This section is the same as the House amendment, except as follows:
(1) Subsection (a) (7) of this section, which provides that where
actual construction of a facility began before January 3, 1970, that
a license or permit to operate such facility shall not be subject to the
certification requirements until April 3, 1973, has been modified to
exempt permits issued under section 402 of this Act.
(2) Subsection (d), which requires a certi.fication to set forth efflu-
ent limitations, other limitations, and monitoring requirements neces-
sary to insure compliance with sections 301, 302, 306, and 307, of this
Act, has been expanded to also require compliance with any other
appropriate requirement of State law which is set forth in the certi-
fication.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Senate Mil
Section 402 transfers the 1899 Refuse Act permit program from
the Corps of Engineers to the Administrator.
The section authorizes the Administrator to issue a permit for the
discharge of pollutants into the navigable waters, the waters of the
contiguous zone, or the oceans.
Before a permit can be issued, an applicant must meet the require-
ments of sections 209, 301, 302, 306, 307, 308, and 403. Any permit
issued under section 13 of the Refuse Act prior to June 30,1972, would
be considered a permit pursuant to section 402 of this Act.
Under section 402, the Administrator can delegate permit authority
to a State if the State program is adequate. Any State receiving such
authority is required to send the Administrator a copy of all permit
applications. The State cannot issue a permit until the Administrator
determines the application meets all requirements of the Act.
The Administrator is authorized to waive the review authority over
specific classes or sizes of plants and over individual plants if he does
so within 30 days of receipt of the permit application.
[p. 138]
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766 LEGAL COMPILATION—SUPPLEMENT I
House amendment
Section 402 authorizes the Administrator to issue permits for the
discharge of pollutants into the navigable waters and the contiguous
zone of the ocean, and to issue permits for thermal discharges on con-
dition that the discharge meets the requirements of sections 301, 302,
306, 307, 308, 316, and 403 of the Act. Permits issued under the Kefuse
Act are to be deemed permits issued under this title and vice versa.
After enactment of this title, permits are not to be issued under the
Refuse Act. Pending applications under that Act are to be deemed
applications under this title. During the interim period ending on the
publication of guidelines under section 304 (h) (2) or the date of ap-
proval of a State permit program, whichever first occurs, the Ad-
ministrator can authorize a State to issue permits if that State has the
necessary capability. The Administrator can veto any such interim
permit.
Provision is made for a State to administer its own permit program
in lieu of the Administrator's program, and the Administrator is
required to approve a submitted State program unless he finds that
there is not adequate authority to issue the permits in accordance
with the requirements of this Act.
Authority is provided for the Administrator to withdraw approval
of any State program. A State is required to transmit to the Ad-
ministrator a copy of each permit application and provide notice of
actions in connection therewith. The Administrator is authorized to
object to the issuance of a State permit in situations where a down-
stream State has objected to the issuance of that permit and the
issuing State has failed to accept the recommendations of the down-
stream State with respect to that permit. The Administrator may,
however, waive his right to so object. The Administrator is also author-
ized to waive this right in connection with categories of point sources
at the time he approves a State program for the issuance of permits.
Conference substitute
The conference substitute is basically the same as the Senate bill
as revised by the House amendment with the following changes:
(1) Subsection (a) (5) has been revised to provide that the Ad-
ministrator shall authorize a State which he determines has the ca-
pability to issue permits for discharges within the jurisdiction of that
State instead of only permitting the Administrator to do so. The Ad-
ministrator is encouraged to take advantage of existing State permit
programs during this transitional phase.
(2) Subsection (b) (2) (B) is revised to remove the exception for
federally-owned and operated point sources from inspection, monitor-
ing, and reporting requirements.
(3) Subsection (b) (2) is further amended by adding to the re-
quirements of the State permit program the following new require-
ments:
(A) The program must insure that any permit for a discharge
from a publicly owned treatment works includes conditions to
require adequate notice to the permitting agency of any introduc-
tions of pollutants into such works from any source which would be
a new source under section 306 if such source were directly
discharging pollutants into navigable waters.
(B) New introductions of pollutants into such works from any
[p. 139]
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WATER—STATUTES AND LEGISLATIVE HISTORY 767
source that would be subject to section 301 if it were directly
discharging.
(C) A substantial change in volume or character of pollutants
being introduced into such works by a source which was intro-
ducing pollutants into such works at the time the permit was
issued.
Such notice is to include information on the quality and quantity pf
the effluent introduced into the works and any anticipated impact in
the quality or quantity of effluent discharge from such works. In addi-
tion, the program must insure that any industrial user will comply
with sections 204 (b), 307, and 308.
(4) Subsection (c) (3) is revised to require that the Administrator
shall not withdraw approval of a State program unless he first noti-
fies the State and makes public in writing the reasons for the with-
drawal.
(5) Subsection (d) (2) is amended to provide that no State permit
shall issue (A) if the Administrator, within 90 days of the date of his
notification under subsection (b) (5), objects in writing to the issuance,
or (B) if the Administrator, within 90 days of the date of transmittal
by a State to him of the permit proposed to be issued by such State,
objects in writing to the issuance of such permit as being outside the
guidelines and requirements of this Act.
(6) Subsection (g) is deleted.
(7) Subsection (k), which is now relettered as (j), is amended to
eliminate the specific enumeration of the places wrhere permit applica-
tions and permits are required to be available to the public.
(8) Subsection (1), which is relettered as (k), is amended to pro-
vide that until December 31,1974, in any case where a permit for dis-
charge has been applied for but final administrative disposition has
not been made, such discharge shall not be a violation of section 301,
306, or 402 of this Act or of section 13 of the Act of March 3, 1899,
unless the Administrator or other plaintiff proves that final adminis-
trative disposition has not been made because of failure of the ap-
plicant to furnish information reasonably required or requested in
order to process the application. For 180 days beginning on the date
of enactment of this Act in any case of a point source discharging
a pollutant or combination of pollutants or any thermal discharge
immediately prior to such date of enactment which source is not
subject to section 13 of the Act of May 3, 1899, that discharge by that
source is not to be a violation of this Act if the source applies for a
permit for discharge under this section within that 180-day period.
The conference substitute provides that the Administrator may
veto the issuance of any proposed permit outside the guidelines and
requirements of the Act. The conferees intend that the Administrator
(or a State) shall include in any permits issued under section 402
(or shall require a State to include in any permits issued under 402),
where appropriate, a schedule of compliance which will set forth the
dates by which various stages of the requirements imposed in the
permit shall be achieved.
OCEAN DISCHARGE CRITERIA
Senate bill
Section 403 sets standards under which a permit can be issued for
any discharge into the contiguous zone or the oceans.
[p. 140]
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768 LEGAL COMPILATION—SUPPLEMENT I
Before issuing such a permit, the Administrator is required to es-
tablish guidelines, within 180 days after enactment of the Act, on
the effect of disposal of pollutants on human health and welfare,
on marine life, and on recreational and economic values, as well as
guidelines for determining the persistence of the pollutant and other
possible locations for its disposal.
House amendment
Section 403 is essentially the same as the Senate bill except that
prior to the promulgation of guidelines during the 180-day period
after the date of enactment of the Act the Administrator can issue
permits for these discharges while the Senate bill does not permit
permits to be issued during this period prior to the issuance of such
guidelines.
Conference substitute
This is the same as the Senate bill and the House amendment, except
that subsection (a) is amended to authorize, prior to the promulgation
of guidelines, a permit to be issued under section 402 if the Adminis-
trator determines it to be in the public interest.
PERMITS FOR DREDGED OR FILL MATERIAL
Senate bill
Section 402(m) of the Senate bill provided a procedure for the
issuance of permits for the discharge of dredged spoil.
House amendment
Section 404 establishes a separate permit program for the discharge
of dredged or fill material into the navigame waters. This program
would be administered by the Secretary of the Army, acting through
the Chief of Engineers. A determination is required that the discharge
would not unreasonably degrade or endanger human health, welfare,
or amenities or the marine environment, ecological systems, or eco-
nomic potentialities.
Conference substitute
Section 404 of the conference substitute is a substitute for that pro-
vision in the House amendment.
Subsection (a) authorizes the Secretary of the Army, acting through
the Chief of Engineers, to issue permits, after notice and opportunity
for public hearings, for the discharge of dredged or fill material into
the navigable waters at specified disposal sites.
Subsection (b) provides that, subject to subsection (c), each such
disposal site shall be specified for each such permit by the Secretary
of the Army (1) through the application of guidelines developed by
the Administrator, in conjunction with the Secretary of the Army,
which guidelines shall be based on criteria comparable to that ap-
plicable to the territorial seas, the contiguous zone in the ocean under
section 403(c), and (2) whenever these guidelines alone would pro-
hibit specification of a site, through the application additionally of the
economic impact of the site on navigation and anchorage.
Subsection (c) authorizes the Administrator to prohibit the spe-
cification (including the withdrawal of specification of any denned
area as a disposal site) and he is authorized to deny or restrict the
use of any defined area for specification as a disposal site (including
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WATER—STATUTES AND LEGISLATIVE HISTORY 769
withdrawal of specification) whenever he determines after notice and
opportunity for public hearings that the discharge of such materials
into such area will have an unacceptable adverse effect on municipal
water supplies, shellfish beds, and fisheries areas (including spawning
and breeding areas), wildlife, or recreational areas. Before making
such determination, the Administrator shall consult with the Secre-
tary of the Army. The Administrator shall set forth in writing and
make public his findings and reasons for making any determination
under this subsection.
Failure to obtain a permit under this section, or failure to comply
with the requirements of such a permit, would be a violation of sec-
tion 301 (a) and enforceable under section 309.
To facilitate processing of permit applications the Secretary is ex-
pected to review the requirements for maintenance dredging of non-
Federal dock and berthing facilities contiguous to the authorized
Federal project at the same time as consideration is given to the Fed-
eral project requirements. The Secretary is also encouraged to use
general dredging permits to maintain such non-Federal facilities
where the work is in the same general area and the character of the
work is similar.
The Secretary and the Administrator shall act promptly on dredg-
ing permits essential for the maintenance of interstate commerce be-
cause of the seasonal nature of dredging and the need to preschedule
scarce dredging equipment.
It is expected that until such time as feasible alternative methods
for disposal of dredged or fill material are available, unreasonable
restrictions shall not be imposed on dredging activities essential for
the maintenance of interstate and foreign commerce. Consistent with
the intent of this Act, the conferees expect that the disposal activities
of private dredgers and the Corps of Engineers will be treated simi-
larly.
The conferees agree that the Administrator of the Environmental
Protection Agency shall have authority to prohibit specification of a
site and deny or restrict the use of any site for the disposal of any
dredge or fill material which he determines will adversely affect munic-
ipal water supplies, shellfish beds and fishery areas (including spawn-
ing and breeding areas), wildlife, or recreational areas.
DISPOSAL OF SEWAGE SLUDGE
/Senate bill
No provision.
House amendment
No provision.
Conference substitute
Section 405 of the conference substitute provides that, in any case
where the disposal of sewage sludge which results from the operation
of treatment works (including removal of in-place sludge from one
location and its deposit at another location) would result in any pol-
lutant from that sludge entering the navigable waters, such disposal
is prohibited except in accordance with a permit issued under this
section.
The Administrator is authorized to issue regulations governing per-
mits for disposal of sewage sludge and these regulations are to require
[p. 142]
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770 LEGAL COMPILATION — SUPPLEMENT I
the application of each criterion, factor, procedure, and requirement
applicable to the section 402 permit which the Administrator deter-
mines is necessary to carry out this Act.
Each State wishing to administer its own permit program for
sewage sludge disposal may do so if it submits such program to the
Administrator and he determines it to be adequate to carry out this
Act.
TITLE V.— GENERAL PROVISIONS
ADMINISTRATION
Senate
Section 501 is essentially the same as section 22 of existing law.
However, subsection (f ) authorizes the Administrator to detail em-
ployees to assist State pollution control agencies.
House amendment
Section 501 continues the provisions of section 22 of existing law,
•with one major change. A new subsection (f) allows the Adminis-
trator, upon request of a State water pollution control agency, to
detail employees to assist the State agency in carrying out the provi-
sions of the bill.
Conference substitute
Section 501 is the same as the Senate bill and the House amendment.
GENERAL DEFINITIONS
Senate bill
Section 502 defines the following terms : State water pollution con-
trol agency, interstate agency, State, municipality, person, pollutant,
pollution, navigable waters, territorial seas, contiguous zone, ocean,
effluent limitation, schedule and timetable for compliance, discharge,
toxic pollutant, point source, biological monitoring, and permit.
House amendment
Section 502 defines words and phrases included in the bill. All of the
terms defined in the Senate bill are defined in the House amendment
except for the elimination of the defined terms "schedule and timetable
for compliance" and "permit". The definitions of the terms are basi-
cally the same as provided in the Senate bill except as hereafter noted :
(1) The term "State" is not defined to mean a river basin agency as
provided in the Senate bill; (2) thermal discharges and organic fish
wastes are excluded from the definition of the term "pollutant"; (3)
the term "schedule of compliance" is defined in the same manner as
the term "schedule and timetable for compliance" in the Senate bill ;
(4) discharges by industrial users into publicly owned treatment
works are excluded from the definition of the term "discharge of a
pollutant"; and (5) the terms "thermal discharge" and "discharge of
a pollutant" are defined.
Conference substitute
Section 502 of the conference substitute is the same as the compara-
ble provision of the Senate bill and the House amendment with the
following exceptions :
(1) The definition of the term "pollutant" contained in paragraph
(6) has been amended to read as follows :
[p. 143]
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WATER—STATUTES AND LEGISLATIVE HISTORY 771
" (6) The term 'pollutant' means dredged spoil, solid waste, incinera-
tor residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal,
and agricultural waste discharged into water. This term does not mean
(A) 'sewage from vessels' within the meaning of section 312 of this
Act; or (B) water, gas, or other material which is injected into a well
to facilitate production of oil or gas, or water derived in association
with oil or gas production and disposed of in a, well, if the well used
either to facilitate production or for disposal purposes is approved by
authority of the State in which the well is located, and if such State
determines that such injection or disposal will not result in the deg-
radation of ground or surface water resources."
(2) The term "navigable waters" has been amended to read as
follows:
"(8) The term 'navigable waters' means the waters of the United
States, including the territorial seas."
(3) The definition of the term "effluent limitation" contained in
paragraph (12) has been amended to eliminate the concept of "sched-
ules and timetables for compliance", inserting in lieu thereof "sched-
ules of compliance".
(4) Two new terms have been denned for the purposes of the Act.
In paragraph (19) the term "schedule of compliance" has been added,
and in paragraph (20) the term "industrial user" has been defined, and
these terms read as follows:
"(19) The term 'schedule of compliance' means a schedule of reme-
dial measures including an enforceable sequence of actions or opera-
tions leading to compliance with an effluent limitation, other limita-
tion, prohibition, or standard.
" (20) The term 'industrial user' means those industries identified in
the Standard Industrial Classification Manual, Bureau of the Budget,
1967, as amended and supplemented, under the category 'Division D—
Manufacturing' and such other classes of significant waste producers
as, by regulation, the Administrator deems appropriate."
The conferees omitted the Senate definition of "permit". It is tihe
conferees' intent that a permit means any permit or equivalent docu-
ment or requirement issued to regulate the discharge of pollutants. The
conferees fully intend that the term "navigable waters" be given the
broadest possible constitutional interpretation unencumbered by
agency determinations which have been made or may be made for
administrative purposes.
WATER POLLUTION CONTROL ADVISORY BOARD
Senate Mil
Section 503 restates section 9 of existing la,w which establishes a
Water Pollution Control Advisory Board within the Environmental
Protection Agency. The section is modified to allow $100 per diem for
board members while attending conferences or board meetings.
House amendment
Section 503 is essentially the same as the Senate provision.
Conference substitute
Section 503 is the same as the Senate bill and the House amendment.
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772 LEGAL COMPILATION — SUPPLEMENT I
EMERGENCY POWERS
Senate bill
Section 504 grants new authority to the Administrator to take
remedial action in case of a water pollution episode.
If a pollution source presents an imminent or substantial endanger-
ment to the health or welfare of persons, the Administrator shall
issue an immediate abatement order. If a pollution source presents a
substantial economic injury to persons because of their inability to
market shellfish, the Administrator shall initiate a civil suit for
relief.
House amendment
Section 504 authorizes the Administrator to bring suit on behalf
of the United States if he determines that a pollution source pre-
sents an imminent and substantial danger to health. The section is
similar to section 303 of the Clean Air Act.
Conference substitute
Section 504 is the same as the House amendment, with the addition
that the Administrator is also authorized to bring a suit in be-
half of the United States if he determines that a pollution source
presents an imminent and substantial danger to the welfare of per-
sons where such endangerment is to the livelihood of such persons such
as inability to market shellfish.
CITIZEN SUITS
Senate
Section 505 establishes citizen participation in the enforcement
of control requirements and regulations created in the Act.
Anyone may initiate a civil suit against any person who is alleged
to be in violation of an effluent limitation, or a Federal or State
abatement order. Anyone also may initiate a civil suit against the
Administrator for failure to perform a nondiscretionary act.
The bill requires that no action on a suit may begin for 60 days
following notification to the alleged polluter. If the Administrator
or a State begins a civil or criminal action on its own against an al-
leged polluter, no court action could take place on the citizen's suit.
Litigation costs may be awarded to any party if a court determines
that such an award is appropriate.
A Governor, without regard to any time limitation, could initiate
action against the Administrator for an alleged failure to abate a
pollution violation in another State that adversely affects the Gov-
ernor's State.
House amendment
Section 505 allows citizen suits in essentially the same manner as
is provided in the Senate bill but limits the right to bring actions to
persons directly affected by a violation of the proposed Act or to groups
who have participated in the administrative proceedings of a case.
Conference substitute
Section 505 of the conference substitute is the same as the comparable
provision of the Senate bill and the House amendment, except as
follows :
[p. 145]
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WATER—STATUTES AND LEGISLATIVE HISTORY 773
(1) The provision in subsection (b) which permits the bringing of
an immediate action has been modified to permit the bringing of im-
mediate actions after notification only with aspect to a violation of
sections 306 and 307 (a) of the Act.
(2) The definition of the term "citizen" has been amended to pro-
vide that it means a person or persons having an interest which is or
may be adversely affected.
It is the understanding of the conferees that the conference substitute
relating to the definition of the term "citizen" reflects the decision of
the U.S. Supreme Court in the case of Sierra Club v. Morton (No.
70-34, April 19,1972).
APPEARANCE
Senate bill
Section 506 allows the Administrator to appoint his own attorney
to represent the agency in any court action ii! the United States At-
torney General does not notify the Administrator within a reasonable
time that the Justice Department will represent the Administrator.
House amendment
Section 506 provides that the Administrator shall request the At-
torney General to represent the United States in any civil or criminal
action. Unless the Attorney General notifies the Administrator that
he will appear in civil actions, the Administrator's attorneys would
represent the United States. Criminal actions involving the United
States could not be handled by attorneys other than those appointed
by the Attorney General.
Conference substitute
Section 506 is the same as the House amendment.
EMPLOYEE PROTECTION =
Senate bitt
Section 507 offers protection to employees who believe they have been
fired or discriminated against as a result of the fact that they have testi-
fied or brought suit under this Act.
The employee would be able to apply to the Secretary of Labor for
review of his case, and the Secretary could issue an order for the em-
ployee to be rehired, or otherwise compensated, if that is justified. The
section does not apply to an employee who acts without direction from
his employer in violating the Act.
House amendment
Section 507 is essentially the same as the provisions of the Senate bill
with the addition of a new subsection (e) which requires the Adminis-
trator to investigate threatened plant closures or reductions in employ-
ment allegedly resulting from any effluent limitation or order under the
Act. Such investigation shall be conducted on request of an employee
or a representative of an employee. At public hearings the employer is
required to present information relating to the alleged discharge, lay-
off, or discrimination. This hearing is to be on the record and on the
basis of it the Administrator is to make findings of fact and recom-
mendations. These are to be available to the public. This provision is
[p. 146]
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774 LEGAL COMPILATION—SUPPLEMENT I
not to be construed to require or authorize the Administrator to modify
or withdraw an effluent limitation or order.
Conference substitute
Section 507 is the same as the House amendment.
FEDERAL PROCUREMENT
Senate bill
Section 508 ensures that the Federal Government will not patronize
or subsidize polluters through its procurement practices and policies.
No Federal agency could enter into any contract involving any fa-
cility convicted under section 309. The prohibition would continue
until the Administrator certifies that the violation which led to the
conviction no longer exists.
The President could exempt any contract if the exemption is in the
paramount interest of the United States. The President would be re-
quired to submit an annual report to Congress on this section.
House amendment
Section 508 is basically the same as the provisions of the Senate bill.
Conference substitute
Section 508 is the same as the Senate bill and the House amendment.
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
Senate bill
Section 509 grants the Administrator authority to issue subpenas,
protects trade secrets from public reporting, and requires that any suit
against a Federal standard be filed in the United States Court of Ap-
peals in Washington, D.C. Suits for review of the Administrator's
action in approving or promulgating any effluent limitation under sec-
tion 301 or 302 or issuing or denying a permit under section 402 of this
Act would have to be filed in the Court of Appeals for the appropriate
circuit. Such suits are required to be filed within 30 days of promulga-
tion, approval, issuance, or denial.
House amendment
Section 509 is basically the same as the Senate bill except that re-
view of any of the Administrator's actions may be had by any inter-
ested person in the district court of the United States for the district
in which the person resides or transacts business and the requirement
that action of the Administrator which is otherwise reviewable is
not to be subject to judicial review in enforcement proceedings is
eliminated.
Conference substitute
Section 509 is the same as the Senate bill and the House amendment
except as follows:
(1) The district courts of the United States are authorized to issue
subpenas for witnesses, books, papers, and documents for the purpose
of obtaining information under sections 304(b) and (c) of this Act.
(2) Judicial review is to be had in the circuit court of appeals for
the judicial district in which the interested person resides or trans-
[p.
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WATER—STATUTES AND LEGISLATIVE HISTORY 775
acts business, and the time for application for judicial review is ex-
tended from 30 to 90 days.
(3) An action of the Administrator with respect to which review
could have been obtained under paragraph (1) of subsection (b) of
this section is not to be subject to judicial review in any criminal or
civil proceeding for enforcement. The conferees intend that this pro-
vision limit the availability of judicial review of a standard or require-
ment where judicial review was available at the time the standard
or requirement was established. The conferees do not intend to, in
any way, affect the right of a party for which judicial review was not
available.
STATE AUTHORITY
Senate bill
Section 510 provides that States, political subdivisions, and inter-
state agencies retain the right to set more restrictive standards and
limitations than those imposed under this Act.
House amendment
Section 510 is the same as the Senate bill and the House amendment.
Conference substitute
Section 510 is the same as the Senate bill and the House amendment.
OTHER AFFECTED ATJTHORTrT
Senate bill
Section 511 preserves the authority of other Federal laws which are
consistent with this Act, specifically the authority of the Secretary
of the Army to maintain navigation and his authority under the Rivers
and Harbors Act of 1899. In the case of dredge and fill activities per-
mitted under section 10 of the 1899 Act, a section 401 certification or
a section 402 permit would be conclusive as to the effect on water
quality. This section also provides that the Act does not affect or
impair treaties.
Subsection (b) provides that the requirements of the Fish and Wild-
life Coordination Act shall apply only to section 306, the publication
of information under section 304, and the establishment of guide-
lines under section 403.
Subsection (c) provides that discharges of pollutants into navigable
waters shall be regulated under this Act and not the Rivers and Har-
bors Act of 1910 and the Supervisory Harbors Act of 1888 except as
to effect on navigation and anchorage.
Subsection (d) of this section provides that the requirements of the
National Environmental Policy Act of 1969 as to water quality con-
siderations shall be satisfied (1) by certification pursuant to section
401 with respect to any Federal license or permit for the construction
of any activity which may result in the discharge into the navigable
waters and (2) by certification pursuant to section 401 and issuance
of a permit pursuant to section 13 of the 1899 Act or section 402 of
this Act with respect to any activity which may result in discharge
into the navigable waters.
House amendment
Section 511 is basically the same as the Senate provision modified
to conform with the requirements of section 404 of the House amend-
ment as to dredging, and eliminating the restrictions on the applica-
[p. 148]
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776 LEGAL COMPILATION—SUPPLEMENT I
tion of the Fish and Wildlife Coordination Act contained in the
Senate bill.
Conference substitute
Sections 511 (a) and 511 (b) are the same as the comparable provi-
sions of the Senate bill and the House amendment.
Section 511 (c) of the conference substitute provides that, except
for the provision of Federal financial assistance for the purpose of
assisting construction of publicly owned treatment works, the issuance
of a permit under section 402 for the discharge of a pollutant by a
new source as defined in section 306, no action of the Administrator
taken pursuant to this Act shall be deemed a major Federal action
significantly affecting the quality of the human environment within
the meaning of the National Environmental Policy Act of 1969. Fur-
ther, nothing in that Act shall be deemed to (A) authorize any Fed-
eral agency authorized to license or permit the conduct of any activity
which may result in the discharge of a pollutant into the navigable
waters to review any effluent limitation or other requirement estab-
lished pursuant to this Act or the adequacy of any certification under
section 401; or (B) authorize any such agency to impose, as a condi-
tion precedent to the issuance of a license or permit, an effluent limita-
tion other than the limitation established pursuant to this Act.
Section 511 (c) clarifies certain relationships between the Federal
Water Pollution Control Act (FWPCA) and the National Environ-
mental Policy Act (NEPA).
The Federal Water Pollution Control Act Amendments of 1972
charge the Administrator of EPA with a comprehensive mandate to
regulate the discharge of pollutants into the waters of the United
States. The sole purpose of the Act is the enhancement of environmental
quality. In the administration of the Act, EPA will be required to
establish numerous guidelines, standards and limitations. With respect
to each of these actions, the Act provides Congressional guidance to
the Administrator in as much detail as could be contrived. Virtually
every action required of the Administrator by the Act, however, in-
volves some degree of agency discretion, judgments involving a com-
plex balancing of factors that include technological considerations,
economic considerations, and others. The Act seeks to guide the Admin-
istrator, to the extent possible, in the matter of assigning relative
weight to the many factors that he must consider.
If the actions of the Administrator under this Act were subject
to the requirements of NEPA, administration of the Act would be
greatly impeded.
SEPARABILITY
Senate bill
Section 512 provides that if this Act or any provision of it is he]
invalid the application of that provision and the remainder of the Ac
is not to be affected thereby.
Home amendment
Section 512 is the same as the Senate bill.
Conference substitute
Section 512 is the same as the Senate bill and the House amendmen
[p. 149
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WATER—STATUTES AND LEGISLATIVE HISTORY 777
LABOR STANDARDS
Senate bill
Section 513 requires the application of the Davis-Bacon Act to treat-
ment works for which grants are made under this Act. This is essen-
tially the same as existing law.
House amendment
Section 513 is essentially the same as the Senate bill and existing law.
Conference substitute
Section 513 is the same as the House amendment.
PUBLIC HEALTH AGENCY COORDINATION
Senate bill
No comparable provision.
House amendment
Section 514 provides that before the owner or operator of property
used for agricultural purposes is required to construct any water pollu-
tion control facility the plan for such facility and its operation must
have been approved by the Administrator, and the Administrator must
certify that the plan and the construction and operation of the facility
in accordance therewith will not result in a violation of the laws or
regulations of any local, State, or Federal health agency or other gov-
ernmental agency.
Conference substitute
Section 514 of the conference substitute provides that the agency is-
suing a permit under section 402 shall assist the applicant for the per-
mit in coordinating the requirements of this Act with the requirements
of the appropriate public health agencies.
EFFLUENT STANDARDS AND WATER QTTALTrT INFORMATION ADVISORY
COMMITTEE
Senate bill
Section 514 establishes a nine member scientific committee to hold
hearings and transmit to the Administrator information on any pro-
posed effluent limitation regulations or national performance stand-
ards or toxic and pretreatment standards.
House amendment
Section 515 is basically the same as section 514 of the Senate provi-
sion with the elimination of the provision in subsection (f) that upon
the establishment of national environmental laboratories charged with
similar authority the committee ceases to exist within a year.
Conference substitute
This section is the same as the House amendment.
REPORTS TO CONGRESS
Senate bill
Section 515 requires the Administrator to submit a report on meas-
ures taken to carry out this Act 90 days after the start of each session
of Congress. The Administrator also is required to submit an annual
[p. 150]
525-311 O - 73 - 11
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778 LEGAL COMPILATION—SUPPLEMENT I
report to Congress on detailed cost estimates for carrying out this
Act.
House amendment
Section 516(a) requires the Administrator to submit reports on
measures taken to carry out the Act.
Under section 516(b) the Administrator would be required to sub-
mit a detailed estimate, biennially revised, of the cost of construction
of all needed treatment works in each State. The Administrator could
obtain the estimates from States.
Conference substitute
This section is the same as the House amendment.
GENERAL AUTHORIZATIONS
Senate bill
Section 516 authorizes funds for sections of the bill lacking specific
authorization. For fiscal 1972, $150 million is authorized, $250 million
for fiscal 1973, $300 million for fiscal 1974, and $350 million for fiscal
1975.
House amendment
Section 517 authorizes $250 million for fiscal 1973, $300 million for
fiscal 1974, and $350 million for fiscal 1975 for provisions which do
not otherwise contain authorizations.
Conference substitute
This section is the same as the House amendment.
SHORT TITLE
Senate Mil
Section 517 provides that the Act may be cited as the Federal Water
Pollution Control Act.
House amendment
Section 518 is the same as the Senate provision.
Conference substitute
This section is the same as the House amendment.
AUTHORIZATIONS FOR FISCAL, YEAR 1972
Senate Mil
Appropriate funding is authorized for fiscal year 1972.
House amendment
Section 3 of the House amendment authorizes for fiscal year 1972 not
to exceed $11,000,000 for the purpose of carrying out section 5(n), not
to exceed $350,000,000 for the purpose of making grants under section 8
of the Federal Water Pollution Control Act, and provides that sums
authorized by this section are in addition to amounts heretofore au-
thorize for such sections.
It provides the Federal share of grants made under section 8 from
sums authorized for fiscal year 1972 shall be that authorized by section
202 as established by the Federal Water Pollution Control Act
Amendments of 1972.
[p. 151]
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WATER—STATUTES AND LEGISLATIVE HISTORY 779
Conference substitute
Same as the House amendment.
SAVINGS PROVISION
Senate bill
No comparable provision.
House amendment
Section 4 of the House amendment provides that pending suits,
actions, and other proceedings are not to abate by reason of the amend-
ments made by this Act. It further provides that rules, regulations,
determinations, contracts, certifications, authorizations, delegations,
or other actions duly issued, made, or taken under the Federal Water
Pollution Control Act are to continue in full force and effect until
modified in accordance with that Act as amended by the 1972
Amendments.
The existing Federal Water Pollution Control Act is made applica-
ble to all grants made from funds authorized for fiscal year 1972 and
prior fiscal years, including increases in the monetary amount of any
such grant which may be paid from authorizations for fiscal years
beginning after June 30, 1972, except as specifically otherwise pro-
vided in section 202 of the Federal Water Pollution Control Act and
section 3 (c) of this Act.
Conference substitute
Same as the House amendment.
OVERSIGHT STUDY
Senate bill
Section 5 requires the Comptroller General to conduct a study and
review of research, pilot, and demonstration, programs relating to
water pollution control being conducted, supported, or assisted by any
agency of the Federal Government and to asses® conflicts between, and
the coordination and efficacy of, such programs. A report is required
to be made to Congress by March 1,1973.
House amendment
This is the same as the Senate bill, except that the report is to be
submitted by October 1,1973.
Conference substitute
This is the same as the provision of the Senate bill as modified by the
House amendment.
INTERNATIONAL TRADE STUDY
Senate bill
No comparable provision.
House amendment
Section 6 requires the Secretary of Commerce to undertake a study
to determine the extent to which pollution, abatement, and control
programs will be imposed on, or voluntarily undertaken by, United
States manufacturers in the near future and the probable short- and
long-range effects of the cost of programs on production costs and
market costs. Such study shall include an examination of the probable
extent to which comparable programs will be implemented in foreign
[p. 152]
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780 LEGAL COMPILATION—SUPPLEMENT I
industrial nations and the extent to which production costs of foreign
manufacturers will be affected. The study is also to include the prob-
able competitive advantage of foreign manufactured goods over com-
parable United States made articles in those cases where the foreign
nation does not require pollution control programs or requires a lesser
degree or reimburses or subsidizes its manufacturers for the cost of
these programs. The study is to include means by which the competi-
tive advantages accruing to foreign products can be equalized and the
impact of imposing compensating tariffs or other equalizing measures
in encouraging foreign nations to implement pollution control pro-
grams. The initial report under this section is to be made within six
months and thereafter at least once every 12 months.
Conference substitute
This is the same as the House amendment.
INTERNATIONAL AGREEMENTS
Senate bill
The Senate bill requires the President to undertake to enter into in-
ternational agreements to apply uniform standards of performance
for the control of the discharge and emission of pollutants from new
sources, of toxic pollutants, and over discharges of pollutants into the
ocean.
House amendment
This is the same as the Senate bill.
Conference substitute
This is the same as the Senate bill.
LOANS TO SMALL BUSINESS CONCERNS
Senate bill
Section 6 of the Senate bill amends section 7 of the Small Business
Act to add a new subsection (g). This new subsection would author-
ize the Small Business Administration to make loans to assist small
business concerns in making additions to or alterations in equipment,
facilities, or methods of operation in order to meet water pollution
control requirements established under the Federal Water Pollution
Control Act if the Administrator determines that the concern is likely
to suffer substantial economic injury without such assistance. The loan
is to be made only if the applicant furnishes the Small Business Ad-
ministration a statement in writing from the Environmental Protec-
tion Agency or, if appropriate, the State, that the additions or altera-
tions are necessary to comply with specified provisions of the Federal
Water Pollution Control Act. The Administrator of EPA is required
within 180 days to prescribe regulations establishing uniform rules
for the insurance of these statements. $800,000,000 is authorized for
the purpose of making these loans.
House amendment
Except for minor clerical, technical, and conforming changes, sec-
tion 8 of the House amendment is the same as the comparable provi-
sion of the Senate bill.
[p. 153]
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WATER—STATUTES AND LEGISLATE E HISTORY 781
Conference substitute
This is the same as the House amendment.
ENVIRONMENTAL COURT
Senate Mil
No comparable provision,
House amendment
Section 9 of the House amendment requires the President, acting
through the Attorney General, to investigate and study the feasibility
of a separate court or court system having jurisdiction over environ-
mental matters and report to Congress the results thereof within one*
year.
Conference substitute
This is the same as the House amendment.
NATIONAL POLICIES AND GOALS STUDY
Senate biU
No comparable provision.
House amendment
Section 10 requires the President to make an investigation and study
of all national policies and goals established by law for the purpose
of determining what the relationship should be, taking into account
the Nation's resources. A report is required within two years, and an
authorization of up to $5,000,000 is provided.
Conference substitute
This is the same as the House amendment.
EFFICIENCY STUDY
Senate bill
No comparable provision.
House amendment
Section 11 requires the President to conduct an investigation and
study of ways and means of utilizing the resources, facilities, and
personnel of the Federal Government most efficiently in carrying out
the objective of this Act. He is required to utilize the General Account-
ing Office in carrying out this study. A report is required within 270
days.
Conference substitute
This is the same as the House amendment.
ENVIRONMENTAL FINANCING
Senate bill
No comparable provision.
House amendment
Section 12 of the House amendment is given the short title of the
Environmental Financing Act of 1972. It creates a body corporate
known as the Environmental Financing Authority which is under the
general supervision and direction of the Secretary of the Treasury.
It provides the usual details concerning the makeup of the Authority,
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782 LEGAL COMPILATION—SUPPLEMENT I
the meetings, and authorizes them to make commitments to purchase,
and to purchase any obligation or participation issued by a State or
local .public body to finance the non-Federal share of the cost of a
project for construction of waste treatment works, which project is
eligible for Federal financial assistance under the Federal Water
Pollution Control Act. No such commitment shall be entered into and
no purchase made unless the administrator of EPA (1) certifies that
the public body is unable to obtain on reasonable terms sufficient credit
to finance its actual needs, (2) has approved the project as eligible
under the Federal Water Pollution Control Act, and (3) has agreed
to guarantee timely payment of principal and interest on the obliga-
tion. Appropriations are authorized for these payments. To provide
initial capital to the Authority, the Secretary of the Treasury is au-
thorized to advance funds. An authorization of not to exceed $100,000,-
000 is provided for this purpose.
The Authority is authorized to issue obligations, and the Secretary
of the Treasury is authorized to purchase or agree to purchase these
obligations. The Secretary of the Treasury is authorized to use as a
public debt transaction the proceeds of the sale of any securities here-
after issued under the Second Liberty Bond Act and the purposes
for which securities may be issued under that Act are extended to
include these purchases. The Secretary of the Treasury shall make
annual payments to the Authority in such amounts as are necessary
to equal the amount by which interest expenses accrued by the Author-
ity on account of its obligations exceeds interest income accrued by
the Authority on account of obligations purchased by it under this
section.
The Authority is given the usual powers granted corporations.
The Authority, its property, franchise, capital, reserves, surplus,
security holdings, and other funds, and its income are exempt from all
taxation, Federal, State, or local except real property and any tangible
personal property and obligations issued by the Authority. Annual
reports are required. Budget and audit provisions of the Government
Corporation Control Act are made applicable and certain conforming
changes are made in existing statutes.
Conference substitute
This is the same as the House amendment, except that the right to
make commitments to purchase and to purchase obligations or par-
ticipations granted the Authority in subsection (e) (1) is limited to the
period ending July 1,1975.
The conferees intend that the Environmental Financing Authority
shall not compete with private bond underwriters in the municipal
bond market. The authority should not provide financing assistance
to a community that can borrow money on the open market at reason-
able rates. The authority provided in section 12 should be exercised
only as a last resort.
SEX DISCRIMINATION
Senate Mil
No comparable provision.
House amendment
Section 13 provides that no person in the United States shall, on the
ground of sex, be excluded from participation in, be denied the benefits
of, or 'be subject to discrimination under any program or activity under
[p. 155]
-------
WATER—STATUTES AND LEGISLATIVE HISTORY 783
the Federal Water Pollution Control Act Amendments of 1972, the
Federal Water Pollution Control Act, or the Environmental Financing
Act. This section is to be enforced through agency provisions and rules
similar to those already established with respect to racial and other dis-
crimination under title VI of the Civil Eights Act of 1964. This remedy
is not exclusive and does not prejudice or cut off any other legal reme-
dies available to a discriminatee.
Conference substitute
This is the same as the House amendment.
DIKED DISPOSAL AREAS
Senate bill
Section 4 amends section 123 of the Rivers and Harbors Act of 19YO
to make the diked disposal program nationwide in its application.
House amendment
No comparable provision.
Conference substitute
No comparable provision.
JOHN A, BLATNEC,
ROBERT E. JONES,
JIM WRIGHT,
HAROLD T. JOHNSON,
ROBERT A. ROE,
WITJ.TAM H. HARSHA,
JAMES E.. GROVER,
DON H. CLAUSEN,
CLARENCE E. MILLER,
Managers on ihe Part of the House.
EDMUND S. MTTSKIE,
JENNINGS RANDOLPH,
BIRCH BATH,
THOMAIS F. EAGLETON,
J. CALEB BOOGS,
JOHN SHERMAN COOPER,
HOWARD H. BAKER,
Managers on the Part of the Senate.
[p. 156]
O
-------
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
785
1.2p(4) CONGRESSIONAL RECORD
1.2p(4)(a) VOL. 117 (1971), Nov. 2: Considered and passed
Senate, pp. S17396-S17487
FEDERAL WATER POLLUTION CON-
TROL ACT AMENDMENTS OP 19V1
The PRESIDING OFFICER. Under
the previous unanimous-consent agree-
ment, the Chair now lays before the
Senate the unfinished business, S. 2770,
which the clerk will read.
The legislative clerk read the bill by
title as follows:
A bill (S. 2770) to amend the Federal Water
Pollution Control Act.
Mr. BYRD of West Virginia. Mr.
President, I suggest the absence of a
quorum. I ask unanimous consent that
the time not be charged against either
side.
The PRESIDING OFFICER. Without
objection, it is so ordered. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. BYRD of West Virginia. Mr.
President, I ask unanimous consent that
the order for the quorum call be re-
scinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
PRIVILEGE OF THE FLOOE
Mr. BYRD of West Virginia. Mr. Presi-
dent, I ask unanimous consent that dur-
ing the debate and votes on S. 2770, the
Federal Water Pollution Control Act
Amendments of 1971, the following mem-
bers of the staff of the Committee on
Public Works be permitted in the Cham-
ber: J. B. Huyett, Jr., M. Barry Meyer,
Bailey Guard, Thomas C. Jorling, Leon
Billings, Harold Brayman, Phillip Cum-
mings, Richard Wilson, John Yago, Ann
Garrabrandt, Rebecca Beauregard, and
Judy Parente.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Who yields time?
Mr. MUSKIE. Mr. President, I yield
myself such time as I may take.
This country once Tvas famous for its
rivers. In isongs and poems and stories,
Americans gloried in the now-quiet, now-
roaring reaches of the river waters. A
vigorous people, following their rivers
to the oceans and beyond, built along
the riverbanks a strong and productive
economy.
But today, the rivers of this country
serve as little more than sewers to the
seas. Wastes from cities and towns, from
farms and forests, from mining and
manufacturing, foul the streams, poison
the estuaries, threaten the life of the
ocean depths. The danger to health, the
environmental damage, the economic
loss can be anywhere:
Just a 10-minute walk from this Cham-
ber, the Potomac River is a hazard to
health. The Georgetown Gap in the Dis-
trict of Columbia's sewer pipelines al-
lows 15 million gallons of raw sewage'to
pour into the river every day.
A Federal biologist, speaking of mer-
[p. S17396]
-------
786
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
787
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788
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WATER—STATUTES AND LEGISLATIVE HISTORY
789
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WATER—STATUTES AND LEGISLATIVE HISTORY
791
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792
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WATER—STATUTES AND LEGISLATIVE HISTORY
793
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794
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WATER—STATUTES AND LEGISLATIVE HISTORY
795
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796
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WATER—STATUTES AND LEGISLATIVE HISTORY
797
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-------
798
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WATER—STATUTES AND LEGISLATIVE HISTORY
799
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800
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think that is uhat the American pi
expect that we do.
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inato pollution provided in this bill
with the States. Wtihin the direc
provided by Congress, the States i
assume a major portion of the respc
bility for cleansing our water of the
3
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Another important feature of thi'
Is the recognition it gives to the e
tiveness and cost of various abatei
technologies. The requirements it m
are based on an important degree or
use of available technology that has
adequately demonstrated to be effec
So the available technology is somet
that we are going to use to the
i
S
degree.
The committee does not want to
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WATER—STATUTES AND LEGISLATIVE HISTORY
801
'S'Scfl'Si^o^'H
ise impossible goals, nor does it inte
require expenditures so excessive th
ey would undermine our economy. Co
quently, under the proposed legislatic
ntrols must relate the economic a:
cial benefits to be gained with the ec
imic and social costs to be incurred
entioned this earlier, in speaking
e individual members of the comm
e, that Senator BENTSEN constantly a:
nJs^ ai o w c H*»+>
of past abuses. This enormous task re-
mains incomplete, but we are now at the
point where we can look with assurance
toward the prevention of major environ-
mental destruction in the future.
To those persons who say that this job
cannot be done, I say that it can be done,
and I do not approach this task with
gloom and doom. I approach it with an
earnest concern, knowing that Congress,
p
1 W>
c3
rrectly called our attention to the ii
tct and the cost of these programs, fc
g strongly for them, but recognizi
em as a part of our total economy.
As a Senator from West Virginia,
o
0
responsive to responsible people, can
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-------
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WATER—STATUTES AND LEGISLATIVE HISTORY
803
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WATER—STATUTES AND LEGISLATIVE HISTORY
807
threatened further.
Nor can we wait for the concentration
of toxic materials to become so visible
that we realize the crisis that faces us.
By that time it will be too late. Dr. Henry
Schroder of the Dartmouth Medical
School has told us that pollution by toxic
metals "is a much more serious and in-
sidious problem than pollution by organic
substances," and that "there is little
doubt that at the present rate of pollu-
tion, diseases due to lead toxicity will
emerge within a few years." We must
anticipate such problems before they
overwhelm us.
In a Nation that spends almost $900
million on pet food and $5 billion on cos-
metics per year, we can and must allocate
the resources and the willpower neces-
sary to solve the problem of water pollu-
tion. This bill will provide a long step in
this direction if enacted by this body, and
I urge that it be adopted.
Mr. BAKER. Mr. President, I yield my-
self 3 minutes.
The PRESIDING OFFICER. The Sen-
ator from Tennessee is recognized for 3
rrii n u. L-G s .
Mr. BAKER. Mr. President, I take
this opportunity to pay a well-earned
tribute to the distinguished chairman of
the full committee, the Senator from
West Virginia (Mr. RANDOLPH) , who has
worked so ably and eloquently in bring-
ing together the divergent viewpoints
of committee members that we were able
to report the bill without a dissenting
vote. However the fact that the bill was
ordered reported without a dissenting
vote does not mean that there is no
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lology.
trongly support the strategy
ting to control the discharge
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up the Nation's waterways. '
to a
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to require strong laws and
;nforcement. Water pollutio:
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on the ladder of our n
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In phase II, which begins in 1976
Question of reaching a "best aval:
technology" is tempered by lang-
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which requires the State or the Adi
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lationship does not exist.
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key sections of the bill weakens the c
all effect of the bill. On the contra
believe that it strengthens it by guar
against arbitrary and capricious act
of a State or Administrator in estab:
ing unreasonable standards or lin
tions in situations in which overri
social and economic considerations
paramount.
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WATER—STATUTES AND LEGISLATIVE HISTORY
811
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LEGAL COMPILATION—SUPPLEMENT I
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we can, where we are able, focus our
energies and resources on attaining
wherever possible a national standard
of water quality to allow recreation and
protect wildlife and supporting water-
borne organisms. The mandate to create
strategies for reaching this goal will al-
low us to marshal our scarce resources
rationally, because funds and energy
will be drawn to the greatest problem
areas.
The only exemptions will be drawn
publicly, and based solely on an absence
of reasonable relationship between so-
cial and economic costs and benefits
The interim goal will therefore itself be
a decisive commitment to new priorities :
to return, to the people of the Nation,
the chance to use and enjoy waters which
have too long been denied to us by the
systematic destruction of our natural
environment.
NEW TECHNOLOGY FOE POLLUTION CONTROL
As a third major point, I am deeply
pleased that we have provided in this
legislation substantial authority and
funds to use the technological skills of
thousands of men and women, now
sadly unemployed, to create the new sys-
tems and strategies we will need to im-
prove the quality of the Nation's waters.
Sections 104 and 105 of the bill au-
thorize $610 million from 1972 through
1975 in research, development and dem-
onstration programs to give the Admin-
istrator of the Environmental Protec-
tion Agency the technological tools and
information needed to achieve the ob-
jectives of this legislation.
"do ±5
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
813
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814
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
815
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WATER—STATUTES AND LEGISLATIVE HISTORY
817
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WATER—STATUTES AND LEGISLATIVE HISTORY
819
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820
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
821
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822
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WATER—STATUTES AND LEGISLATLVE HISTORY
823
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824
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WATER — STATUTES AND LEGISLATIVE HISTORY
825
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525-311 O - 73 - 14
-------
826
LEGAL COMPILATION—SUPPLEMENT I
O ' C ' V I 7t £ O
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contribute 25% am
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WATER—STATUTES AND LEGISLATIVE HISTORY
827
-------
828
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
829
CD
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830
LEGAL COMPILATION—SUPPLEMENT I
= 8^:SS|S|2|g1s|
sgggjgisa jpS-sf
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
831
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832
LEGAL COMPILATION—SUPPLEMENT I
W -S T3
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latural envii
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sonable rates.
the President w
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the Honor?
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the Honorable ""
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
833
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834
LEGAL COMPILATION—SUPPLEMENT I
-
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WATER—STATUTES AND LEGISLATIVE HISTORY
835
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-------
836
LEGAL COMPILATION—SUPPLEMENT I
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Whether a State received as mi
50 percent in this period depend
whether States had contributed
25 percent of the project cost — Ix
many States had not done so, an
effect was to penalize those commi:
because of the States.
In the second phase the cost is 5
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WATER—STATUTES AND LEGISLATIVE HISTORY
837
^ I I V .A I *O 1 I . 23
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838
LEGAL COMPILATION SUPPLEMENT I
ii-s-i
ISfSI
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a;sa§?
l«5||:
g&g--^
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lammous consent that the Senate
id for 5 minutes so that the dis-
shcd Senator from Wyoming (Mr.
N) may present them to the Senate.
PRESIDING OFFICER. Without
ion. it is so ordered.
HANSEN. I thank my distin-
:d colleague from Maine very much
5 courtesy.
M
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i I have is: Mr. K
of this situation
por this position,
• through and se
rat magnitude in L
i properly, and t
ie prohibited?
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
839
o
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P.
Bale's
o«s|ggS
-------
840
LEGAL COMPILATION—SUPPLEMENT I
« i* 2
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
841
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-------
842
LEGAL COMPILATION—SUPPLEMENT I
d by the Secretary of
to such charges shall
fund (hereinafter re-
in the Treasury to b«
tier appropriation to
use as prescribed in
2^*~2 h
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£*t%Z'~
o S^PW b
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$0-5 gag
a fro^ £ «i
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und shall be available
Ydministrator in eacn
funding Section 108
^ o
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^g=S
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s 3."° £*
S § £
iter pollution control
interstate agencies).
excess of this amount
fe t3
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ie general purposes of
(grants for construc-
>)•
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;ablished pursuant to
Act shall, not later
v are designated, pro-
tn 2 o"
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ffluent charges cover-
;ays within the boun-
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a by the Admlnistra-
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by the Administrator,
josed by the State or
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11 revenues therefrom
to the State or inter-
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and goals of this Act.
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JCKLEY. Mr.
W
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from Maine
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WATER—STATUTES AND LEGISLATIVE HISTORY
843
g g_
5 co "5 to "5 co
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844
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
845
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846
LEGAL COMPILATION SUPPLEMENT I
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-------
WATER — STATUTES AND LEGISLATIVE HISTORY
847
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to effect next year.
REDUCED FEDERAL COST
th. Another advantage of tl
h is that it greatly eases the
le Federal budget. The bill
considering will cost $14 billii
sar period of full operation.
imated to cost $4.3 billion o'
period — in other words, aboi
as much — and with a simi]
program. This estimate wa,
i eminent economist who t
e the Joint Economic Commi
ilso made, I believe, by the
;oundation in a careful stuc
in which they recommend
rach that my amendment
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848
LEGAL COMPILATION SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
849
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850
LEGAL COMPILATION—SUPPLEMENT
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WATER—STATUTES AND LEGISLATIVE HISTORY
851
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852
LEGAL COMPILATION SUPPLEMENT I
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WATER STATUTES AND LEGISLATIVE HISTORY
853
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-------
854
LEGAL COMPILATION—SUPPLEMENT I
treatment facilities. The remainder
would be assigned to a special trust to
be allocated to regional associations
formed to reduce water pollution. The
arrangement can be expected to afford
powerful economic incentives and pro-
mote communal initiatives to provide for
a concentrated nationwide effort on the
water pollution problems that beset us
today.
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WATER—STATUTES AND LEGISLATIVE HISTORY
855
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856
LEGAL COMPILATION" SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
857
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858
LEGAL COMPILATION—SUPPLEMENT I
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WATER STATUTES AND LEGISLATIVE HISTORY 859
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860
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WATER STATUTES AND LEGISLATIVE HISTORY
861
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862
LEGAL COMPILATION—SUPPLEMENT I
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WATER STATUTES AND LEGISLATIVE HISTORY
863
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864
LEGAL COMPILATION SUPPLEMENT I
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WATER STATUTES AND LEGISLATIVE HISTORY
865
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866
LEGAL COMPILATION SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
867
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868
LEGAL COMPILATION—SUPPLEMENT I
project. I am willing to accept the
amendment and take it to conference. I
have checked with the minority, and we
are both ready to take it.
Mr. STEVENS. I thank the Senator
very much. I ask that the Senator (Mr.
KENNEDY) be listed as a cosponsor of the
amendment.
Mr. MUSKIE. I yield back the remain-
der of my time.
The PRESIDING OFFICER. All re-
maining time having been yielded back,
the question is on agreeing to the amend-
ment of the Senator from Alaska (Mr.
STEVENS) .
The amendment was agreed to.
Mr. NELSON. Mr. President, will the
Senator /rom Maine yield for a question?
Mr. MITSKIE. I suggest that the Sena-
tor from Wisconsin call up his amend-
ment, and use time on the amendment.
AMENDMENT NO. 442
Mr. NELSON Mr. President, I call up
my amendment No. 442, and ask that it
be modified in the form that I now send
to the desk. This modification, a sub-
stitute amendment, is sponsored by my-
self, the Senator from Nevada (Mr.
BIBLE) , the Senator from New Hampshire
(Mr. MCINTYRE), and the Senator from
Minnesota (Mr. MONDALE).
The PRESIDING OFFICER. The clerk
will state the amendment as modified.
Mr. NELSON. Mr. President, I ask
unanimous consent that the reading of
the amendment be dispensed with. I
shall explain it at an appropriate time.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. NELSON'S amendment (No. 442) ,
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WATER—STATUTES AND LEGISLATIVE HISTORY
869
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870
LEGAL COMPILATION—SUPPLEMENT I
SUalltIM
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mlt under section 402 of the Federal Water
Pollution Control Act, as amended.
"(3) The Administrator of the Environ-
mental Protection Agency shall, as soon as
practicable after the date of enactment of
the Federal Water Pollution Control Act
Amendments of 1971 and not later than 180
days thereafter, prescribe regulations estab-
lishing uniform rules for the issuance of
statements for the purpose of paragraph (2)
(B) of this subsection in conformity with the
procedures for the issuance of any certifica-
tion under section 401 or permits under sec-
tion 402 of the Federal Water Pollution Con-
trol Act, as amended.
" (4) There Is authorized to be appropriated
to the disaster loan fund established pur-
suant to section 4(c) of this Act not to ex-
ceed $800,000,000 for the purpose of this sub-
section."
(b) Section 4(c) (1) (A) of the Small Busi-
ness Act is amended by striking out "and
7(c) (2)" and inserting in lieu thereof "7(c)
5
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Mr. NELSON. Mr. President, before we
proceed with the amendment, I should
like to ask the Senator from Maine a
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WATER—STATUTES AND LEGISLATIVE HISTORY
871
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872
LEGAL COMPILATION SUPPLEMENT I
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WATER — STATUTES AND LEGISLATIVE HISTORY
873
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m j_a
d in our economy by
lerican drive for bigne;
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mic impact of air pollut
: 1,376 foundries in th
stry, the National Air
1 Administration leai
ger the size of the firm,
a
%
controls
.axes.
aual cost of pollution
-cent of profits before t
•a a
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CJ t*-l »H
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rt C in g S
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874
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
875
Act of 1968, and the Egg Products In-
spection Act of 1970. Senators MCINTYRE
and NELSON, who are fellow members of
the Select Committee on Small Business
have been particularly interested in the
impact of water pollution standards on
small businesses over many years ; as has
Senator MUSKIE, who has been the pi-
oneer of pollution control legislation for
the better part of a decade now.
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the right direction.
W 4J
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M M
Maine (Mr. MUSKIE) this amendment
has been brought to the right place at the
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in the water quality field will enter an
urgent phase upon the passage of this
very comprehensive bill before the Sen-
•-3 ^ o a;
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ate today.
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bill, the remedy by which these 5 Vi mil-
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tims. Accordingly, Senators NELSON, MC-
INTYRE and myself, have attempted to
formulate what we believe to be a sound,
precedent-based, balanced amendment
which would meet the needs of small
businesses in every part of the country.
At Senator NELSON'S suggestion, the
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1 Such as S. 1750 in the 91st Cong, and S.
1649 in the 92d Cong.
2S. 3522 in the 91st Cong. His 1971 bill,
S. 1355, Is presently pending before the House
Committee on Banking as a part of S. 1905,
the Small Business Amendments of 1971.
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posed a similar pro
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this is one of the m
resolved environme
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tion and protection
one of our most pr
needs. This progra
by Senator MONDA;
fi
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sponsored and stro:
To summarize, i
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876
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
877
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878
LEGAL COMPILATION—SUPPLEMENT I
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WATER — STATUTES AND LEGISLATIVE HISTORY
879
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.1 Congre
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it power unti
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880
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
881
we have seen the 1899 Refus
d far beyond its original intent
uge to encroach upon the con
authority of the State.
ad
ed
Al
bill
subt
tion
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LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
883
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884
LEGAL COMPILATION—SUPPLEMENT
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WATER—STATUTES AND LEGISLATIVE HISTORY
885
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886
LEGAL COMPILATION SUPPLEMENT I
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states that do, ahead of the time when these
funds actually become available for expendi-
ture. This would be possible because each
state could develop a long-term plan for
use of water pollution control funds and
accurately estimate the amount of federal
assistance required for its projects in any
given year. Allocations made to those states
which did not identify sufficient needs to
use the full amount of their federal assist-
ance in any particular year could be re-
distributed to other states, perhaps a year
in advance of the time when these funds
were scheduled, for expenditure under the
Act
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WATER—STATUTES AND LEGISLATIVE HISTORY
887
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-------
888
LEGAL COMPILATION—SUPPLEMENT I
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
T3 -rt
-------
890
LEGAL COMPILATION SUPPLEMENT I
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
891
— in ^ CJ T3 -°
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892
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
893
58,32
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894
LEGAL COMPILATION—SUPPLEMENT I
• E-i 1st; 03' n n M
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Presiden
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ognized f
Mr. MUSKIE. Mr.
myself 3 minutes.
The PRESIDING O]
ator from Maine is rec
„
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sage on the environme
The President said :
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WATER—STATUTES AND LEGISLATIVE HISTORY
895
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-------
896
LEGAL COMPILATION—SUPPLEMENT I
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
897
o o R .„ u
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-------
898
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
899
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900
LEGAL COMPILATION—SUPPLEMENT I
IS^F'S.
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
901
the fpodchains to higher levels of ani-
mal life is an example of what is meant
by dispersal under section 304 (a) (1) .
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Mr. MUSKIE. The establishment of
control technology under the bill provides
flexibility in application of various tech-
nological responses to meet a particular
problem. In the case of power generating
facilities, it is the discharges from tow-
ers, ponds, lakes, and so forth, that the
committee is concerned with, not the
technology.
Mr. MATHIAS. Section 106(h) (3) on
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LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES AND LEGISLATIVE HISTORY
903
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904
LEGAL COMPILATION SUPPLEMENT I
QJ W O 1 ^§s|gS
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WATER—STATUTES AND LEGISLATIVE HISTORY
905
to accepting it.
The PRESIDING OFFICER. Do Sen-
ators yield back the balance of their
time?
Mr. BAKER. Mr. President, I yield
back the balance of my time.
Mr. MUSKIE. Mr. President, I yield
back the balance of my tinie.
The PRESIDING OFFICER. All time
on the amendment having been yielded
back, the question is on agreeing to the
amendment of the Senator from Ten-
nessee.
The amendment was agreed to.
The PRESIDING OFFICER. The bill is
open to further amendment.
Mr. BAKER. Mr. President, I sent to
the desk an amendment and ask that it
be read.
The PRESIDING OFFICER. The
amendment of the Senator from Tennes-
see will be read.
The legislative clerk read the amend-
ment, as follows:
It is proposed, on page 48, line 10, to
delete the words ", by grant,".
Mr. BAKER. Mr. President, I ask for
the yeas and nays on the amendment.
The yeas and nays were ordered.
Mr. BAKER. Mr. President, I yield my-
self such time as I may use, and I assure
my colleagues I shall not detain the Sen-
ate very long.
I would like to address myself at this
point to one aspect of the pending legis-
lation that particularly troubles me, and
that has to do with the explicit require-
ment in section 202, which appears on
page 48 of the bill, that State financial
assistance in the treatment works pro-
i — i
to
o
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906
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WATER—STATUTES AND LEGISLATIVE HISTORY
907
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WATER—STATUTES AND LEGISLATIVE HISTORY
909
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-------
910
LEGAL COMPILATION—SUPPLEMENT I
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911
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912
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WATER—STATUTES AND LEGISLATIVE HISTORY
913
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-------
914
LEGAL COMPILATION—SUPPLEMENT I
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WATER—STATUTES A1STD LEGISLATIVE HISTORY
915
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916
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WATER—STATUTES AND LEGISLATIVE HISTORY
917
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WATER—STATUTES AND LEGISLATIVE HISTORY
919
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WATER—STATUTES AND LEGISLATIVE HISTORY
923
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WATER—STATUTES AND LEGISLATIVE HISTORY
925
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WATER—STATUTES AND LEGISLATIVE HISTORY
927
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928
LEGAL COMPILATION—SUPPLEMENT I
.„ ** U Ti —> U
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Regional Commission shall determine that
such demonstration project is consistent with
the objectives of the Appalachian Regional
Development Act of 1965, as amended.
"(c) The Administrator, In selecting water-
sheds for the purposes of this section, shall
be satisfied that the project area will not be
affected adversely by the Influx of acid or
other mine water pollution from nearby
sources.
"(d) Federal participation in such projects
shall be subject to th^ conditions —
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or interests therein necessary for such proj-
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practical protection to the project area to
insure against any activities which will cause
future acid or other mine water pollution.
"(e) There is authorized to be appropri-
ated $30,000,000 to carry out the provisions of
this section, which sum shall be available
until expended.
"POLLUTION CONTROL IN GREAT LAKES
"SEC. 108. (a) The Administrator, in coop-
eration with other Federal departments,
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 demon-
strate 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 practicality of
removal of pollutants and prevention of any
pollutant from entering into the Great Lakes
in the future and other abatement and
remedial techniques which will contribute
substantially to effective and practical meth-.
ods of water pollution elimination or control.
"(b) Federal participation in such projects
shall be subject to the condition that the
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
929
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930
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WATER—STATUTES AND LEGISLATIVE HISTORY
931
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932
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WATER—STATUTES AND LEGISLATIVE HISTORY
933
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934
LEGAL COMPILATION—SUPPLEMENT I
i) identify, if appro-
urces of pollution in-
w, current, and aban-
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edures, processes, and
and use requirements)
H w .
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WATER—STATUTES AND LEGISLATIVE HISTORY
935
1* pil?i!P ;tPpi Mil «P in in* If * £
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i effective waste-water manage
m.
Any such plan shall provide for —
the establishment of" constru<
IBS for such treatment works and
lies for the initiation and compl'
treatment works;
the identification of treatment \
nry to meet the anticipated muni
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936
LEGAL COMPILATION—SUPPLEMENT I
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WATEK STATUTES AND LEGISLATIVE HISTORY
937
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938
LEGAL COMPILATION—SUPPLEMENT I
ii
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WATER—STATUTES AND LEGISLATIVE HISTORY
939
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940
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941
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942
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WATER—STATUTES AND LEGISLATIVE HISTORY
943
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-------
944
LEGAL COMPILATION—SUPPLEMENT I
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^K~£.S£.ggt
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WATER—STATUTES AND LEGISLATIVE HISTORY
945
C O 4> ^J *CJ ® ' I '
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Sleis^SIJIit&P
-------
946
LEGAL COMPILATION—SUPPLEMENT I
!§!fi*s
ion as
char-
harges
ans to
y the
report
herwise, as
all be filed
able period
n
e
r
o
mat
the
disc
mea
es b
it
ba
inf
as
, furnishing such info
onably be required as t
d, and quantity of such
use of facilities or othe
or reduce such dischar
ling suc port. S
made un h or ot
may pre, and sh
ard wit h reaso
h a r
der oa
escribe,
hin suc
d
reaso
, kin
th
ta,
as
in
fil
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on
l be
boa
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in
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ac
n
re
er
ha
he
th
ac
a
prv
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shall
th
wi
as it may prescribe, unless additional time i
granted by it. Upon a showing satisfactor
to the board by the person filing such repor
that such report or portion thereof (othe
than effluent data) , to which the Adminis
QJ 4J •—<
•gS*
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
947
substance
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J5
to minimize or mitigate damage to the pub-
lic health or welfare, including but not lim-
ited to, flsh, shellfish, wildlife, and public
and private property, shorelines, and
beaches;
"(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
«
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-------
948
LEGAL COMPILATION—SUPPLEMENT I
1 a o s
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-------
WATER — STATUTES AND LEGISLATIVE HISTORY
949
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-------
950
LEGAL COMPILATION—SUPPLEMENT I
s»a a a
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£ *£H CD GJ £ QJ £ f-i H
•ggoSggcO
-"^CL-n&P CJ —'
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
951
>H 4)
-------
952
LEGAL COMPILATION—SUPPLEMENT I
"'7%4ij3"Cw « ^ • ' « ^; G -3 d 3
||lla|;i||ss|3!^!;8|
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Guam, American Samoa, tl
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any equipment for installat
vessel which is designed to
treat, or discharge sewage, i
to treat such sewage;
"(6) 'sewage' means hum
and the wastes from toilets
ceptacles intended to receive
wastes;
1 1^ »-«
; any person en
, assembling, o
ation devices o
"(7) 'manufacturer' means
gaged in the manufacturing
importation of marine sanit;
,
a
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M
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of vessels subject to standa:
i
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"(8) 'person' means an indi
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ft «
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ship, firm, corporation, or i
does not include an individ
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"(9) 'discharge' includes,
ited to, any spilling, leaking,
ing, emitting, emptying, or
"(b) (1) As soon as possibl
actment of this section and
provisions of section 104 (J)
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
953
riS&SSs' tit SlalS S^SSsgSS3S&&84
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525-311 O - 73 - 22
-------
954
LEGAL COMPILATION SUPPLEMENT I
-------
WATER — STATUTES AND LEGISLATIVE HISTORY
955
1-H (M »-*
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ill be granted due to lack of
unless the President shall ]
requested such appropriatio:
e budgetary process and the (
have failed to make avail
sted appropriation. Any exe
ye for a period not in exces
Jt additional exemptions ma
• periods of not to exceed
.he President's making a new
i. The President shall report •
-------
,956
LEGAL COMPILATION—SUPPLEMENT I
rfilf,
»_, — -4-3 Cj W 43
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
957
lag*! *«** *S«aJS
f*sP »!S^ SllU"
stfel list ^fll£
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sli}5
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J3fl -SJ-ftlS 96,50- SSiSj
-------
958
LEGAL COMPILATION—SUPPLEMENT I
B S
ISials
liSIgg
a> B &
w & -w o
d w O £
"(G) the effect on alternate uses of the
oceans, such as mineral exploitation and
scientific study.
"(2) In any event where insufficient in-
formation exists on any proposed discharge
to make a reasonable Judgment on any of
the guidelines established pursuant to this
subsection the Administrator shall not issue
a permit under section 402 of this Act.
"TITLE V— GENERAL PROVISIONS
"ADMINISTRATION
"SEC. 501. (a) The Administrator is au-
thorized to prescribe such regulations as are
necessary to carry out his functions under
this Act
"(b) The Administrator, with the consent
of the head of any other agency of the United
States, may utilize such officers and employ-
ees of such agency as may be found necessary
to assist in carrying out the purposes of this
Act.
"(c) Each recipient of financial assistance
under this Act shall keep such records as
the Administrator shall prescribe, including
records which fully disclose the amount and
disposition by such recipient of the proceeds
of such assistance, the total cost of the proj-
ect or undertaking in connection 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 facili-
tate an effective audit.
"(d) The Administrator and the Comptrol-
ler General of the United States, or any of
their duly authorized representatives, shall
have access, for the pvirpose of audit and
examination, to any books, documents, pa-
pers, and records of the recipients that are
pertinent to the grants received under this
Act.
"(e)(l) It is the purpose of this subsec-
tion to authorize a program which will pro-
vide official recognition by the United States
Government to those industrial organiza-
tions and political subdivisions of States
"f.SBS'sS'&SS'o.ioM'S-S
—"SS5§ii|g§
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
959
.= .3 eg « +5 •£ on.,;
MPMS
•ssss"3l
mm
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.X-WcSfljBi^oaS'CJ
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$£*$%*
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= «-^ssS-S^«
5 a ^ «T3 B
§ §<,^S?
sll
ts of di
he effec
particu
pollu
ther
-------
960
LEGAL COMPILATION—SUPPLEMENT I
d m ' d d —•*
E S d S o w
I5p«i^
-p 4>"
13
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dIS«si
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3 o"3 1 §
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5!sa s
p
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
961
c-°5S?S2§
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sfirsiialBlls
-------
962
LEGAL COMPILATION—SUPPLEMENT
P.O » 3 £ a
0 "
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2 2
2 ..C
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1 ' d ^ .d ** 71 *H o
£•§.= £ lair.*1!
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
963
subparagraph shall be subject to Judicial
review in the same manner as orders and de-
cisions of the Administrator are subject to
Judicial review under this Act.
"(c) Whenever an order Is Issued under
this section to abate such violation, at the
request of the applicant, a sum equal to the
aggregate amount of all costs and expenses
(including the attorney's fees), as deter-
mined by the Secretary of Labor, to have
been reasonably incurred by the applicant
for, or in connection with, the institution
and prosecution of such proceedings, shall
be assessed against the person committing
such violation.
"(d) This section shall have no applica-
tion to any employee who, acting without
direction from his employer (or his agent)
deliberately violates any prohibition or ef-
fluent limitation under section 301 or 302
of this Act, standards of performance under
section 306 of this Act, effluent standard.
prohibition or pretreatment standard under
section 307 of this Act, or any other prohi-
bition or limitation established under this
Act.
"FEDERAL PROCUHFMEKT
"SEC 508. (a) No Federal agency may enter
into any contract with any person, who has
been convicted of any offense under section
309 of this Act, for the procurement of goods,
materials, and services if such contract Is to
be performed at any fo.cility at which the
violation which gave rise to such conviction
occurred, and if such facility is owned, leased,
or supervised by such person. The prohibition
in the preceding sentence shall continue un-
til the Administrator certifies that the con-
dition giving rise to such conviction has been
corrected.
"(b) The Administrator Bhall establish
procedures to provide all Federal agencies
with the notification necessary for the pur-
poses of subsection (a) of this section.
-------
964
LEGAL COMPILATION—SUPPLEMENT I
g o °° c> o
secies
2803»
3«««S»a'g
a a s % s 1 £ s
gS"fg
i«gw«>
. ^3 •**
a^s>
>IH!
i°«i'iio?'da'o
* s«£ £ 3:«
*fll
..sslss
rS^o,0--
S3S3S
1888 (25 Stftt. 209; S3 U.S.O. 4«-451b) shall
be regulated pursuant to this Act, and not
subject to such Act of 1910 and the Act of
1888 except as to effect on navigation and
anchorage.
"(d) The requirements of the National
Environmental Policy Act of 1969 (83 Stat.
852) as to water quality considerations shall
be deemed to be satisfied —
"(1) by certification pursuant to section
401 of this Act with respect to any Federal
license or permit for the construction of any
activity which may result in any discharge
into the navigable waters of the United
States; and
"(2) by certification pursuant to section
401 of this Act and the issuance of a per-
mit pursuant to section 13 of the Act of
March 10, 1899, or section 402 of this Act
with respect to any Federal license or permit
for the operation of any activity which may
result in any discharge into the navigable
waters of the United States.
"SEPARABILITY
"SEC. 512. 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 re-
mainder of this Act, shall not be affected
thereby.
"LABOR STANDARDS
"SEC. 513. The Administrator shall take
such action as may be necessary to insure
that all laborers and mechanics employed by
contractors or subcontractors on treatment
works for which grants are made under this
Act or by other contractors or grantees under
this Act shall be paid wages at rates not less
than those prevailing for the same type of
work on construction in the immediate lo-
cality, 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 C , sec. 276a
through 276a-5) , and the Secretary of Labor
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
965
« o! p . £
d) *""' Cl C ,£
CJ Cj £> "£
>»43 .-3 O t>
03 d fi 4)
a S s M -^
,|ii!
3 3
, co ta
^ °3 ?H
5|«1
aS
g§
lilil
*-< to d^SO-^wrj —
Hff^tllr
stl I 18S"!f-
isilf:llii:l§
w^yoj *J^4J'WcaK !
v^ >+= 2 -d^S M"S-§)0<^'g
ii!|ci:|l|||§ii
ua,
<]J W
.S S
-?2
S fi § =
Isl Ja|«
"cll^jis
rj ^ wl r" c3 fe
3 g - a fi ™ fi "'
aa«^-gOiH
„ ^o03.ga®«
Qt»"S MS^S-^^S^
a -s < "jsg^c-jt,
§-^s3|afg!92l
i^^lr^^:
£*«!!*
3£A^*5|S
51§8||SI^
-—-i-H *cj d TJ ^ "~- V
w/11^aidWcoc3-2
rt c o> ^ r" ^ §
eC E fe ffl z S^Sd-^: t, -3
Q c o H o^ajyf^ o^
K >H £} js jy <» p a* ft w
-------
966
LEGAL COMPILATION—SUPPLEMENT I
der the Federal Water Pollution Control Act,
as amended), or methods of operation of
such concern to met water pollution control
requirements established under the Federal
Water Pollution Control Act, as amended, If
the Administration determines that such
concern Is likely to suffer substantial eco-
nomic injury without assistance under this
subsection.
" (2) Any such loan—
"(A) shall be made In accordance with
provisions applicable to loans made pursuant
to subsection (b) (5) of this section, except
as otherwise provided jn this subsection;
"(B) shall be made only if the applicant
furnishes the Administration with a state-
ment in writing from the Environmental
Protection Agency or, if appropriate, the
State, that such additions or alterations are
necessary and adequate to comply with the
requirements established under section 301,
section 302, section 306, section 307 and sec-
tion 403 of the Federal Water Pollution Con-
trol Act, as amended. Such statement shall
be issued by the Administrator (or the State)
at the time of consideration of any certifica-
tion under section 401, or any permit under
section 402 of the Federal Water Pollution
Control Act, as amended.
"(3) The Administrator of the Environ-
mental Protection Agency shall, as soon aa
practicable after the date of enactment of
the Federal Water Pollution Control Act
Amendments of 1971 and not later than 180
days thereafter, prescribe regulations estab-
lishing uniform rules for the issuance ol
statements for the purpose of paragraph
(2) (B) of this subsection in conformity with
the procedures for the issuance of any cer-
tification under section 401 or permits under
section 402 of the Federal Water Pollution
Control Act, as amended.
"(4) There Is authorized to be appropri-
ated to the disaster loan fund established
pursuant to section 4(c) of this Act not to
exceed $800,000,000 for the purpose of this
subsection."
(b) Section 4(c) (1) (A) of the Small Busi-
ness Act is amended by striking out "and
7(c) (2)" and inserting in lieu thereof "7(c)
(2), and 7(g)".
Mr. MUSKIE. Mr. President, I move to
reconsider the vote by which the bill was
passed.
Mr. MOSS. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to.
Mr. MUSKIE. Mr. President, I ask
unanimous consent that the Secretary of
the Senate be authorized to make such
clerical and technical corrections in the
engrossment of S. 2770 as are necessary,
and that the bill be printed as it passed
the Senate. I also ask unanimous con-
sent to add as cosponsors Senators
CASE, BROOKE, MATHIAS, PEARSON, ROTH,
STEVENS, and HATFIELD.
The PRESIDING OFFICER. Without
objection, it is so ordered.
[p. S174871
-------
WATER—STATUTES AND LEGISLATIVE HISTORY 967
1.2p(4)(b) VOL. 118 (1972), Mar. 27-29: Considered and passed
House, amended in lieu of H.R. 11896, pp. H2478-H2545, H2584-
H2647, H2718-H2800
FEDERAL WATER POLLUTION CON-
TROL ACT AMENDMENTS OP 1972
Mr. YOUNG of Texas. Mr. Speaker,
by direction of the Committee on Rules,
I call up House Resolution 913 and ask
for its immediate consideration.
The Clerk read the resolution as fol-
lows:
H. RES. 913
Resolved, That upon the adoption of this
resolution it shall be in order to move that
the House resolve itself into the Committee
of the Whole House on the State of the
Union for the consideration of the bill (H.R.
11896) to amend the Federal Water Pollu-
tion Control Act. After general debate, which
shall be confined to the bill and shall con-
tinue not to exceed four hours, to be equally
divided and controlled by the chairman and
ranking minority member of the Committee
on Public Works, the bill shall be read lor
amendment under, the five-minute rule. It
shall be in order to consider the amendment
in the nature of a substitute recommended
by the Committee on Public Works now
printed in the bill as an original bill for the
purpose of amendment vinder the five-minute
rxile, and all points of order against sections
2, 8, and 12 of said substitute for failure to
comply with the provisions of clause 4, rule
XXI are hereby waived. At the conclusion
of such consideration, the Committee shall
rise and report the bill to the House with
such amendments as may have been adopted,
and any Member may demand a separate
vote in the House on any amendment adopted
in the Committee or the Whole to the bill
or to the committee amendment in the na-
ture of a substitute. The previous question
[p. H2478]
-------
968
LEGAL COMPILATION—SUPPLEMENT I
j:p
lls I
0-
+j *7 'f~
a < £
S-«t
&:&%
+J W •*-*
_ >> ° °
'=« "O
!°o
the statements made by the
d gentleman from Texas in
of House Resolution 913.
s of order have to be waived
.0 the three sections because
itions or a transfer of funds,
:ommittee cannot do. It is in
M
H
s
3
CM
O
f
ID
£
"o
far-reaching, complex, com-
)rogram. It may be one of the
;rtakings we will be starting
OJ 1 1
s >> a
S i-, 3
0 u C
W > .r-l
!£ «
2$2
gS|
ill
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MJ (,_, C
wog
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)se of H.R. 11896 is to restore
n the chemical, physical, and
itegrity of the Nation's wa-
.^
VI
£
£/3
"3
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tu
(S
O
^3
(S
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03
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g^g's ^sssJng^Sgiso
p. . rt M pjcs^ii-w^^iuaj^.S -w
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s^
-------
WATER—STATUTES AND LEGISLATIVE HISTORY 969
I i 4J (*H WO O rt O^i **-* O LO *l3 O QJ—^QJI I I c^ QJ O W -4-3 I -M (H i O CJ " 'rf ' Q?
-k-§fg3 si ^"ii°^!'3c-^l-S^S°|H|£^|l| I^Sl^-l
oSngS* •g- g^^^slSo-g^-O^ ^o)^0^^^5 31 oSgggg-S
"lllltl! fc!i!!!!?!5sliaili!^isB^8
13 C^rC QO^i'-' o •*-> i Q) &D i fl u:iPjf-'_4' ' x! rn ^ ' ojo) .* 'Oi
02 i£^H cc'^rQo rC''^!-(^'^'S ^ '—'^^^^oo^ "t~)'~ *i^I 4) ^ ^* ^
§, SP= •§§^0.'° T33"t"3C^B»S!B_"OTroc'S'S'H oS SS-a'S 2
i !o |ss|g ii§|ii|i§^ii-|!||§ §s g,|§ g
§ &£ ^22^ JS80l-Sc§Sg^^«B>'S|!e:!!!IJi?!II
°3
-------
970
LEGAL COMPILATION—SUPPLEMENT I
HH bfi
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
971
a i bo
sgg
a s-:"
sis
2 B2
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sis
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w B Xl
2 c4
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fH\C ^ X
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-w 13 "S"
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CD l-i
P. g
m >
^
fpj .2"^
-------
972
LEGAL COMPILATION—SUPPLEMENT I
tH P -U .B*
-------
WATER—STATUTES AND LEGISLATIVE HISTORY
973
3i§eidgs
•* *-* -J-3 CM **
3UCG ofc
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W -fJ r
gsg^
CD ^ r- '
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a o o)2
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tu $ C
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a 3 3
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fi 3 O
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>H ° C '
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-------
974
LEGAL COMPILATION—SUPPLEMENT I
"i'-SlPS^
^|lS5§f8:a§B§g
slf^rsso||^«-|
ss-§l~£c§if^a-3
sl^ -S^J^lflH'o
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•*3 •*•* !2 r* *~* >!n *s- ~*~* W X P "" •*•* *O JA *•* CJ '
CO -*^ "C^ hH W Vn ^ " S1! "Q O *^i r T CO W O fS
••-S?1>«'3O9-^'" .-• -^ fl H h s E
^^a^S^-3
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a S
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- gna5
B fi 3 ko
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**m
^2^.^S
S !*<• „
5x! >>-a°
men, ec
e citizen
iews to
spokes
privat
their v
During
more tha
than all
by our co
of the
in quali
mony w
score
peare
to
vi
d
so
i"3 s S
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£s ^<; g ga-35
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to 3 -3 S a)
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s'g^tsl
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
975
©
-U>
*H
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o
a
bo
.nd protectin
CO
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.§3
oj -S
t. 3
> VH
§•§
it to those oi
is problem t
$&
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a S
go
•°a
^8
8 -0
— < o
V! i>
a cs
ax:
-^ c
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is
w »— <
3 approach i
was not ui
> -*^>
d comprehend
needed, but
3 >>
Is
G cj
05 3
+3
03
J2
cj w
rt o> a1
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53
rC O
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forward.
move
o
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s«
S o
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0)
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cS3
e sincerely t!
brought to
.§§
^J
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effective, wo
1 that has e
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5
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no criticism
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4-i
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g-s
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-------
976
LEGAL COMPILATION—SUPPLEMENT I
_aj
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY
977
QJ I I Q, -
fifi S o 2
H.S«Ifl
^^ EH m Xi
(M c'5toftS bSSS
r^ 4J
•2.S c
= *. -2^! S
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« n»H §
^•S0^
s^-ss
S *3 S '3
03 &
V^-C »
O -t> +J h
control technology is inadequate to meet
water quality standards as required by
the Water Quality Act of 1965?
H.R. 11896 requires that if the appli-
cation of "best practicable control tech-
nology currently available" is not suffi-
cient to meet water quality standards,
further and more stringent controls must
be imposed. This is more restrictive than
the requirement of the other body, and
it should be recognized as such. The re-
quirements of H.R. 11896, will assure that
water quality standards are met, and that
even if such "best practicable control
technology currently available" is not
sufficient to meet water quality stan-
dards, each point source will still be re-
quired to be so equipped to further en-
hance the quality of our waters. In other
words we require the upgrading of our
waters to a much greater degree than
does S. 2770.
Mr. Disraeli, a Prime Minister of Great
Britain, once said:
Never leave anything to chance which can
be achieved by calculation.
_U3
cS
a
ID
&
warning. Unfortunately, we found that
there were certain aspects of S. 2770 from
the other body that were leaving too
i
CJ
4)
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03
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0
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w
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1
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a
a
a
mittee recognizes that the elimination of
Industrial and municipal discharges into
our Nation's waterways would ultimately
solve part of our water quality problems,
we could not impose such a requirement
for 1981 or a national policy for 1985, be-
cause this simply would leave too much
to chance, and there was too much which
-------
978
LEGAL COMPILATION SUPPLEMENT I
*2S»ls
!§S « S
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-------
WATER—STATUTES AND LEGISLATIVE HISTORY 979
a _ a
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$$«*«
g^I||
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S*3 ° 2^
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nunities ac
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business Adminis-
s and loan guar-
iess firms which
U4 C ^i
S'S=S|
MIS:
lull
.2 o
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t| | >-**
O o O
73 ^^
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[uipment or extra
he new pollution
o1 ^^
u
u£
a "
g "S 0
£33
o c?3
Jj
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the proposed au-
, would be ear-
mts for construc-
t*H O y
0 £ SI
^ 5r3
i-l O OS
eS o tn
"•gl
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QJ ' r,
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A
>>
Ul
ses an authoriza-
)n — $350 million
1972 fiscal year,
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filllll|1§
-------
980
LEGAL COMPILATION—SUPPLEMENT
5 J! c o „> p>,o « »
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