United States
Environmental Protection
Agency
Office of Water
4305
EPA 823-B-99-002
March 1999
cvEPA
WATER QUALITY
STANDARDS
ACADEMY
Basic Course
REFERENCE
MANUAL
1999 Edition
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BASIC COURSE REFERENCE MANUAL
CONTENTS
Reference
Number
1.
2.
3.
4.
Title
Clean Water Act Public Law 92-500, as amended. 33 U.S.C. 1251 et seq.
Water Quality Standards Regulation and Subsequent Amendments. Part 131.
Extracted from the Code of Federal Regulation through December 9,1996. U.S.
Government Printing Office. 1995.
Introduction to Water Quality Standards. U.S. Environmental Protection
Agency, Office of Water. September 1994. EPA 823-B-95-004.
Water Quality Standards Handbook - Second Edition. U.S. Environmental
Protection Agency, Office of Water. August 1994. EPA-823-B-94-005a.
Appendix A: Water Quality Standards Regulation. 40 CFR 131; 48 Federal
Register 51405, November 8,1983. Revised through July 1,
1991; amended at 56 FR 64893, December 12,1991. 57 FR
60910, December 22,1992.
Appendix B: Chronological Summary of Federal Water Quality Standards
Promulgation Actions. U.S. Environmental Protection Agency,
Office of Science and Technology. January 1993.
Appendix C: Biological Criteria: National Program Guidance for Surface
Waters. U.S. Environmental Protection Agency, Office of
Water. April 1990. EPA 440/5-90-004.
Appendix D: Water Quality Standards for Wetlands: National Guidance.
July 1990. EPA 440/S-90-011.
Appendix E: An Approach for Evaluating Numeric Water Quality for
Wetlands Protection. July 1991.
Appendix F: Coordination between the Environmental Protection Agency,
Fish and Wildlife Service and National Marine Fisheries Service
Regarding Development of Water Quality Criteria and Water
Quality Standards Under the Clean Water Act July 1992.
in
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Appendix G: Questions and Answers on: Antidegradation. U.S.
Environmental Protection Agency, Office of Water. August
1985.
Appendix H:
Appendix I:
Appendix J:
Derivation of the 1985 Aquatic Life Criteria.
List of EPA Water Quality Criteria Documents.
Attachments to Office of Water Policy and Technical Guidance
on Interpretation and Implementation of Aquatic Life Metals
Criteria. October 1993.
Appendix K: Procedures for the Initiation of Narrative Biological Criteria.
U.S. Environmental Protection Agency. Office of Water.
October 1992. EPA-822-B-92-002.
Appendix L: Interim Guidance on Determination and Use of Water Effect
Ratios for Metals. Office of Science and Technology. February
1994. EPA-823-B-94-001.
Appendix M: Interim Economic Guidance for Water Quality Standards—
Workbook. Office of Water. March 1995. EPA-823-B-95-002.
Appendix N:
Appendix P:
Appendix Q:
Appendix R:
Appendix T:
Appendix U:
IRIS (Integrated Risk Information System) Background Paper.
U.S. Environmental Protection Agency, Office of Research and
Development February 1993.
List of 126 Section 307(a) Priority Toxic Pollutants.
Wetlands and 401 Certification: Opportunities and Guidelines
for States and Eligible Indian Tribes. U.S. Environmental
Protection Agency, Office of Water. April 1989.
Policy on the Use of Biological Assessments and Criteria in the
Water Quality Program. U.S. Environmental Protection
Agency, Office of Water. May 1991.
Use Attainability Analysis Case Studies.
List of EPA Regional Water Quality Standards of Coordinators.
IV
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Appendix V: Water Quality Standards Program Document Request Forms.
Appendix W: Update Request for Water Quality Standards Handbook
- Second Edition.
5. U.S. EPA, Environmental Appeals Board. NPDES Appeal 88-5. In the Matter
ofStar-Kist Caribe, Inc. Decided May 26,1992.
6. Combined Sewer Overflow (CSO) Control Policy; Notice. Federal Register vol.
59, No. 75. April 19,1994
7. October 1993 Memo from Martha Prothro, Acting Assistant Administrator for
Water, to Regional Water Management Division Directors, re: Office of Water
Policy and Technical Guidance on Interpretation and Implementation of
Aquatic Life Metals Criteria.
8. Reference Guide to Water Quality Standards for Indian Tribes.
U.S. Environmental Protection Agency, Office of Water. January 1990. EPA
440/5-90-002.
9. Terms of Environment: Glossary, Abbreviations, and Acronyms. U.S.
Environmental Protection Agency, Office of Communications, Education, and
Public Affairs. December 1997.
10. Bibliography of Water Quality Standards and Criteria Documents and Video
Order Form.
11. Directory of State and Tribal Agencies Responsible for Water Quality, April
1997. This directory is updated annually.
12. Guidelines for Ecological Risk Assessment. April 1998. EPA-630/R-95/002F.
12A. Proposed Guidelines for Ecological Risk Assessment; Notice. 63 Federal
Register, May 14,1998.
i
13. Guidelines for Deriving Numerical Aquatic Site-specific Water Quality Criteria
by Modifying National Criteria. EPA Environmental Research Laboratory,
Duluth, Minnesota. October 1984. EPA-600/3-84-099.
14. . Derivation of Site-specific Water Quality Criteria for Cadmium and the St,
Louis River Basin, Duluth, Minnesota. R.S. Spehar and A.R. Carlson, in:
Environmental Toxicology and Chemistry, vol. 3. pp. 651-665. 1984.
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15. U.S. Fish and Wildlife Service Report to Congress. Recovery Program:
Endangered and Threatened Species. 1994.
16. Briefing Report to the EPA Science Advisory Board on the Equilibrium
Partitioning Approach to Predicting Metal Bioavailability in Sediment and the
Derivation of Sediment Quality Criteria for Metals. EPA Office of Water and
Office of Research and Development. December 1994. EPA-822-D-94-002.
17. Memo to Carol Browner from the Science Advisory Board: In regard to SAB
Review of Agency's Approach for Development of Sediment Criteria for 5
Metals (cadmium, copper, lead, nickel, and zinc). September 29,1995.
EPA/SAB/EPEC-95-002.
18. Memo from Carol Browner to the Science Advisory Board: In regard to SAB
Review of Agency's Approach for Development of Sediment Criteria for 5
Metals (cadmium, copper, lead, nickel, and zinc). February 2,1996.
EPA/SAB/EPEC-95-002.
VI
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FEDERAL WATER POLLUTION CONTROL ACT
(33 U.S.C. 1261 et seq.)
AN ACT To provide for water pollution control actMUea In the Public Health 8err-
iee of the Federal Security Agency and In the Federal Work* Agency, and for
other purpoeee.
Be it enacted by the Senate and House of Representatives of the
United State* of America in Congress assembled,
TITLE I—RESEARCH AND RELATED PROGRAMS
DECLARATION OF GOALS AND POLICY
SEC. 101. (a) The objective of this Act is to restore and main-
tain 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 1986;
(2) it is the national goal that wherever attainable, an in-
terim goal of water quality which provides for the protection
and propagation of fish, shellfish, and wildlife and provides for
recreation in and on the water be achieved by July 1,1983;
(3) it is the national policy that the discharge of toxic pol-
lutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assist-
ance be provided to construct publicly owned waste treatment
works;
(6) it is the national policy that areawide treatment man-
agement planning processes be developed and implemented to
assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and dem-
onstration effort be made to develop technology necessary to
eliminate the' discharge of pollutants into the navigable waters,
waters of the contiguous zone and the oceans; and
(7) it is the national policy that programs for the control
of nonpoint sources of pollution be developed and implemented
in an expeditious manner so as to enable the goals of this Act
to be met through the control of both point and nonpoint
sources' of pollution.
(b) It is the policy of the Congress to recognize, preserve, and
protect the primary responsibilities and rights of States to prevent,
reduce, and eliminate pollution, to plan the development and use
(including restoration, preservation, and enhancement) of land and
water resources, and to consult with the Administrator in the exer-
cise of his authority under this Act It is the policy of Congress that
the States manage the construction grant program under this Act
and implement the permit programs under sections 402 and 404 of
I
Sec. 102
FEDERAL WATER POLLUTION COHTROL ACT
this Act. It is further the policy of the Congress to support and aid
research relating to the prevention, reduction, and elimination of
pollution,' and to provide Federal technical services and financial
aid to State and interstate agencies and municipalities in connec-
tion with the prevention, reduction, and elimination of pollution.
(c) It is further the policy of Congress that the President, act-
ing through the Secretary of State and such national and inter-
national organizations as he determines appropriate, shall take
such action as may be necessary to insure that to the fullest extent
possible all foreign countries shall take meaningful action for the
prevention, reduction, and elimination of pollution in their waters
and in international waters and for the achievement of goals re-
garding the elimination of discharge of pollutants and the improve-
ment of water quality to at least the same extent as the United
States does under its laws.
(d) Except as otherwise expressly provided in this Act, the Ad-
ministrator of the Environmental Protection Agency (hereinafter in
this Act called "Administrator'') shall administer this Act.
(e) Public participation in the development, revision, and en-
forcement of any regulation, standard, effluent limitation, plan, or
program established by the Administrator or any State under this
Act shall be provided for, encouraged, and assisted by the Adminis-
trator and the States. The Administrator, in cooperation with the
States, shall develop and publish regulations specifying minimum
guidelines for public participation in such processes.
(f) It is the national policy that to the maximum extent pos-
sible the procedures utilized for implementing this Act shall en-
courage the drastic minimization of paperwork and interagency de-
cision procedures, and the best use of available manpower and
funds, so as to prevent needless duplication and unnecessary
delays at all levels of government.
(g) It is the policy of Congress that the authority of each State
to allocate quantities of water within its jurisdiction shall not be
superseded, abrogated or otherwise impaired by this Act. It is the
further policy of Congress that nothing in this Act shall be con-
strued to supersede or abrogate rights to quantities of water which
have been established by any State. Federal agencies shall co-oper-
ate with State and local agencies to develop comprehensive solu-
tions to prevent, reduce and eliminate pollution in concert with
programs for managing water resources.
(33U.S.C. 1251)
COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL
SEC. 102. (a) The Administrator shall, after careful investiga-
tion, and in cooperation with other Federal agencies, State water
pollution control agencies, interstate agencies, and the municipali-
ties and industries involved, prepare or develop comprehensive pro-
grams for preventing, reducing, or eliminating the pollution of the
navigable waters and ground waters and improving the sanitary
condition of surface and underground waters. In the development
of such comprehensive programs due regard shall be given to the
improvements which are necessary to conserve such waters for the
protection and propagation of fish and aquatic life and wildlife, rec-
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 102
Sec. 103
FEDERAL WATER POLLUTION CONTROL ACT
6
reational purposes, and the withdrawal 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
waters in any State or States, and of the discharges of any sewage,
industrial wastes, or substance which may adversely affect such
waters.
(bXl) In the survey or planning of any reservoir by the Corps
of Engineers, Bureau of Reclamation, or other Federal agency, con-
sideration shall be given to inclusion of storage for regulation of
streamflow, except that any such storage and water releases shall
not be provided as a substitute for adequate treatment or other
methods of controlling waste at the source.
(2) The need for and the value of storage for regulation of
streamflow (other than for water quality) including but not limited
to navigation, salt water intrusion, recreation, esthetics, and fish
and wildlife, shall be determined by the Corps of Engineers, Bu-
reau of Reclamation, or other Federal agencies.
(3) The need for, the value of, and the impact of, storage for
water quality control shall be determined by the Administrator,
and his views on these matters shall be set forth in any report or
presentation to Congress proposing authorization or construction of
any reservoir including such storage.
(4) The value of such storage shall be taken into account in de-
termining the economic value of the entire project of which it is a
part, and costs shall be allocated to the purpose of regulation of
streamflow in a manner which will insure that all project purposes,
share equitable in the benefits of multiple-purpose construction.
(5) Costs of regulation of streamflow features incorporated in
any Federal reservoir or other impoundment under the provisions
of this Act shall be determined and the beneficiaries identified and
if tiie benefits are widespread or national in scope, the costs of such
features shall be nonreimbursable.
(6) No license granted by the Federal Power Commission for a
hydroelectric power project shall include storage for regulation of
streamflow for the purpose of water quality control unless the Ad-
ministrator shall recommend its inclusion and such reservoir stor-
age capacity shall not exceed such proportion of the total storage
required for the water quality control plan as the drainage area of
such reservoir bears to the drainage area of the river basin or ba-
sins involved in such water quality control plan.
(cXD The Administrator shall, at the request of the Governor
of a State, or a majority of the Governors when more than one
State is involved make a grant to pay not to exceed 50 per centum
of the administrative expenses of a planning agency for a period
not to exceed three years, which period shall begin after the date
of enactment of the Federal Water Pollution Control Act Amend-
ments of 1972, if such agency provides for adequate representation
of appropriate State, interstate, local, or (when appropriate) inter-
national interesta-in the basin or portion thereof involved and is ca-
of developing an effective, comprehensive water quality con-
for a basin or portion thereof.
(2) Each planning agency receiving a grant under this sub-
section shall develop a comprehensive pollution control plan for the
basin or portion thereof which—
(A) is consistent with any applicable water Quality stand-
ards, effluent and other limitations, and thermal discharge reg-
ulations 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;
(C) recommends maintenance and improvement of water
quality within the basin or portion thereof and recommends
methods of adequately financing those facilities as may be nec-
essary 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 developed pursuant to section 208 of this Act, and any
State plan developed pursuant to section 303(e) of this Act.
(3) For the purposes of this subsection the term "basin" in-
cludes, 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.
(d) [Repealed by section 202l(a) of Public Law 104-66 (109
Stat. 726).]
(33 U.S.C. 1252)
INTERSTATE COOPERATION AND UNIFORM LAWS
SEC. 103. (a) The Administrator shall encourage cooperative
activities by the States for the prevention, reduction, and elimi-
nation of pollution, encourage the enactment of improved and, so
far as practicable, uniform State laws relating to the prevention,
reduction, and elimination of pollution; and encourage compacts be-
tween States for the prevention and control of pollution.
(b) The consent of the Congress is hereby given to two or more
States to negotiate and enter into agreements or compacts, not in
conflict with any law or treaty of the United States, for (I) coopera-
tive effort and mutual assistance for the prevention and control of
pollution and the enforcement of their respective laws rebating
thereto, and (2) the establishment of such agencies, joint or other-
wise, as they may deem desirable for making effective such agree-
ments and compacts. No such agreement or compact shall be bind-
ing or obligatory upon any State a party thereto unless and until
it has been approved by the Congress.
(33 U.S.C. 1263)
RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION
SEC. 104. (a) The Administrator shall establish national pro-
grams for the prevention, reduction, and elimination of pollution
and as part of such programs shall—
(1) in cooperation with other Federal, State, and local
agencies, conduct and promote the coordination and £ccelera-
id Mceli
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 104
tion of, research, investigations, experiments, training, dem-
onstrations, surveys, and studies relating to the causes, effects,
extent, prevention, reduction, and elimination of pollution;
(2) encourage, cooperate with, and render technical serv-
ices to pollution control agencies and other appropriate public
or private agencies, institutions, and organizations, and indi-
viduals, including the general public, in the conduct of activi-
ties referred to in paragraph (1) of this subsection;
(3) 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 investiga-
tions;
(4) establish advisory committees composed of recognized
experts in various aspects of pollution ana representatives of
the public to assist in the examination and evaluation of re-
search progress and proposals and to avoid duplication of re-
search;
(5) in cooperation with the States, and their political sub-
divisions, ana other Federal agencies establish, equip, and
maintain a water quality surveillance system for the purpose
of monitoring the quality of the navigable waters and ground
waters and the contiguous zone and the oceans and the Admin-
istrator shall, to the extent practicable, conduct such surveil-
lance by utilizing the resources of the National Aeronautics
and Space Administration, the National Oceanic and Atmos-
pheric Administration, 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 ana economic
costs and benefits of activities which are subject to regulations
under this Act; and shall transmit a report on the results of
such research to the Congress not later than January 1, 1974.
(b) In carrying out the provisions of subsection (a) of this sec-
tion the Administrator is authorized to—
(1) collect and make available, through publications and
other appropriate means, the results of and other information,
including appropriate recommendations by him in connection
therewith, pertaining to such research and other activities re-
ferred to in paragraph (1) of subsection (a);
(2) cooperate with other Federal departments and agen-
cies, State water pollution control agencies, interstate agencies,
other public and private agencies, institutions, organizations,
industries involved, and individuals, in the preparation and
conduct of such research and other activities referred to in
paragraph (1) of subsection (a);
(3) 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 (1) of subsection (a) of this section;
(4) contract with public or private agencies, institutions,
organizations, and individuals, without regard to sections 3648
Sec. 104
FEDERAL WATER POLLUTION CONTROL ACT
and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 6),
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 Fed-
eral departments and agencies, and with other public or pri-
vate agencies, institutions, and organizations having related
responsibilities, basic data on chemical, physical, and biological
effects of varying water quality and other information pertain-
ing to pollution and the prevention, reduction, and elimination
thereof; and
(7) develop effective and practical processes, methods, and
prototype devices for the prevention, reduction, and elimi-
nation of pollution.
(c) In carrying out the provisions of subsection (a) of this sec-
tion 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 prac-
ticable, 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 Adminis-
trator shall develop and demonstrate under varied conditions (in-
cluding conducting 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 sec-
tion 201 of this Act;
(2) Improved methods and procedures to identify and
measure the effects of pollutants, including those pollutants
created by new technological developments; and
(3) Methods and procedures for evaluating the effects on
water quality of augmented streamflows to control pollution
not susceptible 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
midwestern area, one in the southwestern area, one in the Pacific
Northwest, and one in the State of Alaska, for the conduct of re-
search, investigations, experiments, field demonstrations and stud-
ies, and training relating to the prevention, reduction and elimi-
nation of pollution. Insofar as practicable, each such facility shall
be located near institutions of higher learning in which graduate
training in such research might be carried out. In conjunction with
the development of criteria under section 403 of this Act, the Ad-
ministrator shall construct the facilities authorized for the National
Marine Water Quality Laboratory established under this sub-
section,
(0 The Administrator shall conduct research and technical de-
velopment work, and make studies, with respect to the quality of
the waters of the Great Lakes, including an analysis of the present
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9
FEDERAL WATER POLLUTION CONTROL ACT
SBC. 104
and projected future water quality of the Great Lakes under vary-
ing conditions of waste treatment and disposal, an evaluation of
the water quality needs of those to be served by such waters, an
evaluation of municipal, industrial, and vessel waste treatment and
disposal practices with respect to such waters, and a study of alter-
nate means of solving pollution problems (including additional
waste treatment measures) with respect to such waters.
(gXl) 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 en-
hancing substantially the proficiency of those engaged in such ac-
tivities, the Administrator shall finance pilot programs, in coopera-
tion with State and interstate agencies, municipalities, educational
institutions, and other organizations 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 trainingprograms ana funds available for the purposes of this
paragraph. The Administrator is authorized, under such terms and
conditions as he deems appropriate, to enter into agreements with
one or more States, acting Jointly or severally, or with other public
or private agencies or institutions for the development and imple-
mentation of such a program.
(2) The Administrator is authorized to enter into agreements
with public and private agencies and institutions, and individuals
to develop and maintain an effective system for forecasting the sup-
ply of, and demand for, various professional and other occupational
categories needed for the prevention, reduction, and elimination of
pollution in each region, State, or area of the United States and,
from time to time, to publish the results of such forecasts.
(3) In furtherance of the purposes of this Act, the Adminis-
trator is authorized to—
(A) make grants to public or private agencies and institu-
tions and to individuals for training projects, and provide for
the conduct of training by contract with public or private agen-
cies and institutions and with individuals without regard to
sections 3648 and 3709 of the Revised Statutes;
(B) establish and maintain research fellowships in the En-
vironmental Protection Agency with such stipends and allow-
ances, including traveling and subsistence expenses, as he may
deem necessary to procure the assistance of the most promis-
ing research fellows; and
(C) provide, in addition to the program established under
paragraph (1) of this subsection, training in technical matters
relating to the causes, prevention, reduction, and elimination
of pollution for personnel of public agencies and other persons
with suitable qualifications.
(4) The Administrator shall submit, through the President, a
report to the Congress not later than December 31. 1973, summa-
rizing the actions taken under this subsection and the effectiveness
of such actions, and setting forth the number of persons trained,
the occupational categories for which training was provided, the ef-
fectiveness of other Federal. State, and local training programs in
Sec. 104
FEDERAL WATER POLLUTION CONTROL ACT
10
this field, together with estimates of future needs, recommenda-
tions on improving training programs, and such other information
and recommendations, including 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 organiza-
tions and individuals for (A) the purpose of developing and dem-
onstrating new or improved methods for the prevention, removal,
reduction, and elimination of pollution in lakes, including the unde-
sirable 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 which the Coast Guard is operating, shall—
(1) engage in such research, studies, experiments, and
demonstrations as he deems appropriate, relative to the re-
moval of oil from any waters and to the prevention, control,
and elimination of oil and hazardous substances pollution;
(2) publish from time to time the results of such activities;
and
(3) 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 haz-
ardous substances spills.
In carrying out this subsection, the Administrator may enter into
contracts with, or make grants to, public or private agencies and
organizations 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 re-
ceive, retain, treat, or discharge human body wastes and the
wastes from toilets'and other receptacles intended to receive or re-
tain body wastes with particular emphasis on equipment to be in-
stalled on small recreational vessels. The Secretary of the depart-
ment in which the Coast Guard is operating shall report to Con-
gress .the results of such research, studies, experiments, and dem-
onstrations prior to the effective date of any regulations established
under section 312 of this Act. In carrying out this subsection the
Secretory 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.
(k) 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 reseach facilities, the Adminis-
trator may acquire land and interests therein by purchase, with ap-
propriated or donated funds, by donation, or by exchange for ac-
quired 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 approxi-
mately equal, the values shall be equalized by the payment of cash
to the grantor or to the Administrator as the circumstances re-
quire.
(IX1) The Administrator shall, after consultation with appro-
priate local, State, and Federal agencies, public and private organi-
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PftSJlW EBHIBil flEI
sations, and interested iradividiiiials, as soon as practicable but snot
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 fca expected from the presence of pesticides in
th® water in vsuryiKsg qpsaaimtitieB. Me shall' revise and add to such
necessary to reflect developing scientific
\&/ u uw u u v*&>u
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 104
or other factors preclude the use of septic tank and drainage field
systems.
(2) The Administrator shall conduct a comprehensive program
of research and investigation and pilot project implementation into
new and improved methods for the collection and treatment of sew-
age and other liquid wastes combined with the treatment and dis-
posal of solid wastes.
(3) The Administrator shall establish, either within the Envi-
ronmental Protection Agency, or through contract with an appro-
priate public or private non-profit organization, a national clearing-
house which shall (A) receive reports and information resulting
from research, demonstrations, and other projects funded under
this Act related to paragraph (1) of this subsection and to sub-
section (eX2) of section 106; (B) coordinate and disseminate such
reports and information for use by Federal and State agencies, mu-
nicipalities, institutions, and persons in developing new and im-
proved methods pursuant to this subsection; and (C) provide for the
collection and dissemination of reports and information relevant to
this subsection from other Federal and State agencies, institutions,
universities, and persona.
(4) SMALL FLOWS CLEARINGHOUSE.—Notwithstanding section
206(d) of this Act, from amounts that are set aside for a fiscal
year under section 206Xi) of this Act and are not obligated by
the end of the 24-month period of availability for such amounts
under section 205(d), the Administrator shall make available
$1,000,000 or such unobligated amount, whichever is less, to
support a national clearinghouse within the Environmental
Protection Agency to collect and disseminate information on
small flows of sewage and innovative or alternative wastewater
treatment processes and techniques, consistent with paragraph
(3). This paragraph shall apply with respect to amounts set
aside under section 205Xi) for which the 24-month period of
availability referred to in the preceding sentence ends on or
after September 30,1986.
(r) The Administrator is authorized to make grants to colleges
and universities to conduct basic research into the structure and
function of fresh water aquatic ecosystems, and to improve under-
standing of the ecological characteristics necessary to the mainte-
nance of the chemical, physical, and biological integrity of fresh-
water aquatic ecosystems.
(e) The Administrator is authorized to make grants to one or
more institutions of higher education (regionally located and to be
designated as "River Study Centers") for the purpose of conducting
and reporting on interdisciplinary studies on the nature of river
systems, including hydrology, biology, ecology, economics, the rela-
tionship between river uses and land uses, and the effects of devel-
opment 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.
(t) 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 control
the studies •hall consider (1) such data as are available on the lat-
Sec. 105
FEDERAL WATER POLLUTION CONTROL ACT
14
eat available technology, economic feasibility including cost-effec-
tiveness analysis, and (2) the total impact on the environment, con-
sidering not only water quality but also air quality, land use, and
effective utilization and conservation of fresh water and .other natu-
ral resources. Such studies shall consider methods of minimizing
adverse effects and maximizing beneficial effects of thermal dis-
charges. The results of these studies shall be reported by the Ad-
ministrator 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 State in proposing thermal water quality standards.
(u) There is authorized to be appropriated (1) not to exceed
$100,000,000 per fiscal year for the fiscal year ending June 30,
1973, the fiscal year ending June 30, 1974, and the fiscal year end-
ing June 30, 1975, not to exceed $14,039,000 for the fiscal year
ending September 30, 1980, not to exceed $20,697,000 for the fiscal
year ending September 30, 1981, not to exceed $22,770,000 for the
fiscal year ending September 30, 1982, such sums as may be nec-
essary for fiscal years 1983 through 1985, and not to exceed
$22,770,000 per fiscal year for each of the fiscal years 1986 through
1990, for carrying out the provisions of this section, other than sub-
sections (gXD and (2), (p), (r), and (t), except that such authoriza-
tions are not for any research, development, or demonstration ac-
tivity pursuant to such provisions; (2) not to exceed $7,500,000 for
fiscal years 1973, 1974, and 1975, $2,000,000 for fiscal year 1977,
$3,000,000 for fiscal year 1978, $3,000,000 for fiscal year 1979,
$3,000,000 for fiscal year 1980, $3,000,000 for fiscal year 1981,
$3,000,000 for fiscal year 1982, such sums as may be necessary for
fiscal years 1983 through 1985, and $3,000,000 per fiscal year for
each of the fiscal years 1986 through 1990, for carrying out the pro-
visions of subsection (gXD; (3) not to exceed $2,500,000 for fiscal
years 1973, 1974, and 1975, $1,000,000 for fiscal year 1977,
$1,500,000 for fiscal year 1978, $1,500,000 for fiscal year 1979,
$1,500,000 for fiscal year 1980, $1,500,000 for fiscal year 1981,
$1,500,000 for fiscal year 1982, such sums aa may be necessary for
fiscal years 1983 through 1985, and $1,500,000 per fiscal year for
each of the fiscal years 1986 through 1990, for carrying out the pro-
visions of subsection (gX2); (4) not to exceed $10,000,000 for each
of the fiscal years ending June 30, 1973, June 30, 1974, and June
30, 1976, 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, June 30, 1974, and June 30, 1975, 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, June 30,
1974, and June 30, 1975, for carrying out the provisions of sub-
section (t).
(33 U.S.C. 1264)
GRANTS FOR RESEARCH AND DEVELOPMENT
SEC. 106. (a) The Administrator is authorized to conduct in the
Environmental Protection Agency, and to make grant* to any
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15
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 105
Sec. 105
FEDERAL WATER POLLUTION CONTROL ACT
16
State, municipality, or intennunicipal or interstate agency for the
purpose of assisting in the development of—
(1) 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
treatment and water purification methods (including the tem-
porary use of new or improved chemical additives which pro-
vide substantial immediate improvement to existing treatment
processes), or new or improved methods of joint treatment sys-
tems 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 authorized to make grants to any
State or States or interstate agency to demonstrate, in river basins
or portions thereof, advanced! treatment and environmental en-
hancement techniques to control pollution from all sources, within
such basins or portions thereof, including nonpoint sources, to-
gether with in stream water Quality improvement techniques.
(c) In order to carry out we purposes of section 301 of this Act,
the Administrator is authorized to (1) conduct in the Environ-
mental 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 in-
cluding, but not limited to, the prevention, reduction, and elimi-
nation of the discharge of pollutants. No grant shall be made for
any project under this subsection unless the Administrator deter-
mines that such project will develop or demonstrate a new or im-
proved method of treating industrial wastes or otherwise prevent
pollution by industry, which method shall have industrywide appli-
cation.
(d) In carrying out the provisions of this section, the Adminis-
trator shall conduct, on a priority basis, an accelerated effort to de-
velop, refine, and achieve practical application of:
(1) waste management methods applicable to point and
nonpoint sources of pollutants to eliminate the discharge of
pollutants, including, but not limited to, elimination of runoff
of pollutants and the effects of pollutants from inplace or accu-
mulated sources;
(2) advanced waste treatment methods applicable to point
and nonpoint sources, including inplace or accumulated sources
of pollutants, and methods for reclaiming and recycling water
ana confining pollutants so they will not migrate to cause
water or other environmental pollution; and
(3) unproved methods and procedures to identify and
measure the effects of pollutants on the chemical, physical, and
biological integrity of water, including those pollutants created
by new technological developments.
(eXD The Administrator is authorized to (A) make, in consulta-
tion with the Secretary of Agriculture, grants to persons for re-
search and demonstration projects with respect to new and un-
proved methods of preventing, reducing, and »Hmte*ting pollution
from agriculture, and (B) disseminate, in cooperation with the Sec-
retary of Agriculture, such information obtained under this sub-
section, section 104(p), and section 304 as will encourage and en-
able the adoption of such methods in the agricultural industry.
(2) The Administrator is authorized, (A) in consultation with
other interested Federal agencies, to make grants for demonstra-
tion projects with respect to new and improved methods of prevent-
ing, reducing, storing, collecting, treating, or otherwise eliminating
pollution from sewage in rural and other areas where collection of
sewage in conventional, community-wide sewage collection systems
is impractical, uneconomical, or otherwise infeasible, or where soil
conditions or other factors preclude the use of septic tank and
drainage field systems, and (B) in cooperation with other interested
Federal and State agencies, to disseminate such information ob-
tained under this subsection as will encourage and enable the
adoption of new and improved methods developed pursuant to this
subsection.
(f) 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 pollution control agency or agencies and by the Adminis-
trator;
(2) No grant shall be made for any project in an amount
exceeding 76 per centum of cost thereof as determined by the
Administrator; and
(3) No grant shall be made for any project unless the Ad-
ministrator determines that such project will serve as a useful
demonstration for the purpose set forth in clause (1) or (2) of
subsection (a).
(g) Federal grants under subsections (c) and (d) of this section
shall not exceed 75 per centum of the cost of the project.
(h) For the purpose of this section there is authorized to be ap-
propriated $76,000,000 per fiscal year for the fiscal year ending
June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal
year ending June 30, 1975, and from such appropriations at least
10 per centum of the funds actually appropriated in each fiscal
year shall be available only for the purposes of subsection (e).
(i) The Administrator is authorized to make grants to a mu-
nicipality to assist in the costs of operating and maintaining a
project which received a grant under this section, section 104, or
section 113 of this Act pnor to the date of enactment of this sub-
section so as to reduce the operation and maintenance costs borne
by the recipients of services from such project to costs comparable
to those for projects assisted under title II of this Act.
(j) The Administrator is authorized to make a grant to any
grantee who received an increased grant pursuant to section
202(aX2) of this Act. Such grant may pay up to 100 per centum of
the costs of technical evaluation of the operation of the treatment
works, costs of training of persons (other than employees of the
grantee), and costs of disseminating technical information on the
operation of the treatment works.
(S3U.S.C. 1266) •
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GRANTS FOR POLLUTION CONTROL PROGRAMS
SEC. 106. (a) There ana hereby authorized to be appropriated
the following sums, to remain available until expended, to carry
out the purposes of this section—
(1) $60,000,000 for the ffiscal year ending June 30, 1973;
(2) $76,000,000 for the fiscal year ending June 30, 1974,
and the fiscal year ending June 30, 1975, §100,000,000 per fis-
cal year for the fiscal years 1977, 1978, 1979, and 1980,
§75,000,000 per fiscal year for the fiscal years 1981 and 1982,
such sums as may be necessary for fiscal years 1983 through
1985, and $75,000,000 per fiscal year for each of the fiscal
years 1986 through 1990;
for grants to States and to interstate agencies to assist them in ad-
ministering programs for the prevention, reduction, and elimi-
nation of pollution, including enforcement directly or through ap-
propriate State law enforcement officers or agencies.
(b) From the sums appropriated in any fiscal year, the Admin-
istrator shall make allotments to the several States and interstate
agencies 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
interstate agency each fiscal year either—
(1) the allotment of such State or agency for such fiscal
year under subsection (b), or
(2) the reasonable costs as determined by the Adminis-
trator of developing and carrying out a pollution program by
such State or agency during such fiscal year,
whichever amount is the lesser.
(d) No grant shall be made under this section to any State or
interstate agency for any fiscal year when the expenditure of non-
Federal Ifunds by such Stabs or interstate agency during such fiscal
year for the recurrent expenses of carrying out its pollution control
program are less than the expenditure by such State or interstate
agency of non-Federal ftrads for such recurrent program expenses
during the fiscal year ending Jume 30,1971.
(e) Beginning in fiscal year 1974 the Administrator shall not
make any grant under this section to any State which has not pro-
vided or is not carrying oufe as a part of its program—
(1) the establishment aM operation of appropriate devices,
methods, systems, and procedures necessary to monitor, and to
compile and analyze data on (including classification according
to eutropMc condition), the qusality of navigable waters and to
the extent practicable, ground waters including biological mon-
itoring; and provision for araraallly updating such data and in-
cluding it in the report required under sections 305 of this Act;
(2) authority comparable to fchat in section 504 of this Act
and adequate contingency plans to implement such, authority.
(f) Graatg shall b® mad® nmder (Ms section on condition that—
(1) Such Stato (or interstate agency) filed with the Admin-
istrator wsthm ons husadiredl sasa& twenty days aUter the date of
A . « • . • * rf
FESEBfll OTEB PIBMTOKl EOTML OT
(A) a summary report of the current status of the
State-pollution control program, including the criteria used
by the State in determining priority of treatment works;
(B) such additional information, data, and reports as
the Administrator may require. .
(2) No federally assumed enforcement as defined in section
309(a)(2) is in effect with respect to such State or interstate
agency.
(3) Such State (or interstate agency) submits within one
hundred and twenty days after the date of enactment of this
section and before July 1 of each year thereafter for the Ad-
ministrator's approval of its program for the prevention, reduc-
tion, and elimination of pollution in accordance with purposes
and provisions of this Act in such form and content as the Ad-
ministrator may prescribe.
(g) Any sums allotted under subsection (b) in any fiscal year
which are not paid shall be reallotted by the Administrator in ac-
cordance with regulations promulgated by him.
(33 U.S.C. 12S6)
MINE WATER POLLUTION CONTROL DEMONSTRATIONS
SEC. 107. (a) The Administrator in cooperation with the Appa-
lachian Regional Commission and other Federal agencies is author-
ized to conduct, to make grants for, or to contract for, projects to
demonstrate comprehensive approaches to the elimination or con-
trol of acid or other mine water pollution resulting from active or
abandoned mining operations and other environmental pollution af-
fecting water quality within all or part of a watershed or river
basin, including saltation from surface mining. Such projects shall
demonstrate the engineering and economic feasibility and practical-
ity of various abatement techniques which will contribute_ substan-
tially to effective and practical methods of acid or other mine water
pollution elimination or control, and other pollution affecting water
quality, including techniques that demonstrate the engineering and
economic feasibility and practicality of using sewage sludge mate-
rials and other municipal wastes to diminish or prevent pollution
affecting water quality from acid, sedimentation, or other pollut-
ants and in such projects to restore affected lands to usefulness for
forestry, agriculture, recreation, off other beneficial purposes.
(b) 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 dem-
onstration project is consistent with the objectives of the Appalach-
ian Regional Development Act of 1965, as amended.
(c) The Administrator, in selecting watersheds for the purposes
of this section, shall be satisfied that the project area will not be
affected adversely by fthe influx of acid or other mine water pollu-
tion from nearby sources.
(d) Federal participation in such projects shall be subject to the
-------
See.
(1) that the State shall acquire any land or interests there-
in necessary for such project; and
(2) that th® State shall provide legal and practical protec-
tion to th® project area to insure against any activities which
will cause (future acid or other mine water pollution.
(e) There is authorised to b® appropriated $30,000,000 to carry
out th® provisions of this section, which sum shall be available
Sec. 103
ACT
(33 U.S.C. 1267)
POLLUTION CONTROL KN GREAT LAKES
SEC. 108. (a) The Administrator, in cooperation with other Fed-
eral departments, agencies, and instrumentalities is authorized to
enter into agreements with any State, political subdivision, inter-
state agency, or other public agency, or combination thereof, to
carry out one or'moins projects to demonstrate new methods and
techniques and to develop preliminary plans for the elimination or
control of pollution, within all or any part of the watersheds of the
Great Lakes. Such projects shall demonstrate the engineering and
economic feasibility and practicality of removal of pollutants and
prevention of any polluting matter from entering into the Great
Lakes in the future and other reduction and remedial techniques
which will contribute substantially to effective and practical meth-
ods of pollution prevention, reduction, or elimination.
: (b) Federal participation in such projects shall be subject to the
condition that tie State, political subdivision, interstate agency, or
other public agency, or combination thereof, shall pay not less than
25 psr csntam of the actual project costs, which payment may be
in any form, tactadimg, but mot limited to, land or interests therein
that is needed for the project, and personal property or services the
value of which shall b® determined by the Administrator.
(c) Thews is authorized to bs appropriated §20,000,000 to carry
out the provisions of subsections (a) and (b) of this section, which
sum shall b® available until expended.
(dXl) In recognition of the serious conditions which exist in
Late Erie, fife© Secretary of the Army, acting through the Chief of
Engineers, 50 directed to design and develop a demonstration waste
water management program for the rehabilitation and environ-
mental repair of Lake Erie. Prior to the initiation of detailed engi-
neering and design, the program, along with the specific rec-
ommendations of the Chief of Engineers and recommendations for
its financing, shall b® submitted to the Congress for statutory ap-
proval. 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 EKV
vironmental Protection Agency, other _interested departments,
vsronmeniiai rroseciaon agency, ouner amereBiteci taepBinwneiais,
agencies, and instrumentalties 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 snail gprovid® local and State governments with & range
of dhoico as to &o typ® of system to b® used for th® treatment of
im mUft/^nsmuwftfowm (nwiwiftmmmffl nlkffiDl ^Tntf*llnlliriIfA IrvftfrBli flnn.
vanced waste treatment technology and land disposal systems in-
cluding 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, in-
cluding 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.
(33 U.S.C. 1268)
TRAINING GRANTS AND CONTRACTS
SEC. 109. (a) The Administrator is authorized to make grants
to or contracts with institutions of higher education, or combina-
tions of such institutions, to assist them in planning, developing,
strengthening, improving, or carrying out programs or projects for
the preparation of undergraduate students to enter an occupation
which involves the design, operation, and maintenance of treat-
ment works, and other facilities whose purpose is water quality
control. Such grants or contracts may include payment of all or
part of the cost of programs or projects such as—
(A) planning for the development or expansion of programs
or projects for training persons in the operation ana mainte-
nance of treatment works;
(E) training and retraining of faculty members;
(C) conduct of short-term or regular session institutes for
study by persons engaged in, or preparing to engage in, the
preparation of students preparing to enter an occupation in-
volving the operation and maintenance of treatment works;
(B) carrying out innovative and experimental programs of
cooperative education involving alternate periods of full-time or
part-time academic study at the institution and periods of full-
time or part-time employment involving the operation and
maintenance of treatment works; and
(E) research into, and development of, methods of training
students or faculty, including the preparation of teaching mate-
rials and the planning of curriculum.
(bXl) The Administrator may pay 100 per centum of any addi-
tional cost of construction of treatment works required for a facility
to train and upgrade waste treatment works operation and mainte-
nance personnel and for the costs of other State treatment works
operator training programs, including mobile training units, class-
room rental, specialized instructors, and instructional material.
(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 consulta-
tion with and approval by the State or States on the basis of (A)
the suitability of such facility for training operation and mainte-
nance personnel for treatment works throughout such State or
States; and (B) a commitment by the State agency or agencies to
ofe sradhi ffssdMSy a pogrom of torgaaing approved by th® Ad-
-------
In any case wlhens & grant is mad® to serve two or
more States, the Administrator is sjatSaorized to mak® SUB additional
grant for a supplemental facility in ©ach such State.
(3) The Administrator may make such gramt out of the sums
allocated to a State under sections 205 of this Act, except that in
no event shall the Federal cost of any such training (facilities ex-
(4) The Administrator may exempt a grant under this section
from any requirement under section 204(aX3) of this Act. Any
grantee who received a grant under this section prior to enactment
of the Clean Water Act of 1977 shall bs eligible to have its grant
increased by funds made available under such Act.
(33 U.S.C. 1258)
APPLICATION FOR TRAINING GRANT OR CONTRACT; ALLOCATION OP
GRANTS OR CONTRACTS
SEC. 110. (1) A grant or contract authorized 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, ex-
cept that no such application shall be approved unless it—
(A) sets forth programs, activities, research, or develop-
ment for which a grant is authorized under section 109 and de-
scribes 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
containing such information, as the Administrator may require
to carry out Ms functions under this section, and for keeping
such records and for affording such access thereto as the Ad-
ministrator may find necessary to assure the correctness and
verification of such reports.
(2) The Administrator shall allocate grants or contracts under
section 109 in such manner as will most nearly provide an equi-
table 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.
(3XA) Payments under this section may be used in accordance
with regulations of the Administrator, and subject to the terms and
conditions set forth in an application approved under paragraph
(1), to pay part of the compensation of students employed in con-
nection with the operation and maintenance of treatment works,
other than as an employee in connection with the operation and
maintenance of treatment works or as an employee in any branch
of the Government of the United States, as part of a program for
which a grant has been approved pursuant to this section.
(B) Departments and agencies of the United States are encour-
aged, to m® extent consistent with efficient Administration, to
enter into asfffamgemeate witSa institutions of higher education for
fch® JuH-fcime, part-tarn®, or temporary ompioyment, whether in the
competitive or
set forth in
(33 U.S.C. 1260)
service, of students enrolled in programs
" under paragraph (1).
AWARD OF SCHOLARSHIPS
SEC. 111. (1) The Administrator is authorized to award schol-
arships in accordance with the provisions of this section for under-
graduate study by persons who plan to enter an occupation involv-
ing the operation and maintenance of treatment works. Such schol-
arships shall be awarded for such periods as the Administrator
may determine but not to exceed four academic years.
(2) The Administrator shall allocate scholarships under this
section among institutions of higher education with programs ap-
proved under the provisions of this section for the use of individ-
uals accepted into such programs, in such manner and accordance
to such plan as will insofar as practicable —
(A) provide an equitable distribution of such scholarships
throughout the United States; and
(B) attract recent graduates of secondary schools to enter
an occupation involving the operation and maintenance of
treatment works.
(3) The Administrator shall approve a program of any institu-
tion of higher education for the purposes of this section only upon
application by the institution and only upon his finding —
(A) that such program has as a principal objective the edu-
cation and training of persons in the operation and mainte-
nance of treatment works;
(B) that such program is in effect and of high quality, or
can be readily put into effect and may reasonably be expected
to be of high quality;
(C) that the application describes the relation of such pro-
gram to any program, activity, research, or development set
forth by the applicant in an application, if any, submitted pur-
suant to section 110 of this Act; and
(O) that the 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
program, only persons who have demonstrated to the satisfac-
tion of the institution a serious intent, upon completing the
program, to enter an occupation involving the operation and
maintenance of treatment works, and (ii) the institution will
make reasonable continuing efforts to encourage recipients of
scholarships under this section, enrolled in such program, to
enter occupations involving the operation and maintenance of
treatment works upon completing the program.
(4XA) The 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 de-
pendents) 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
education at which such person aa purauimig Ms course of at'"""
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23
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 113
Sec. 113
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 sec-
tion only during such periods as the Administrator finds that he is
maintaining satisfactory proficiency and devoting full time to study
or research in the field in which such scholarship was awarded in
an institution of higher education, and is not engaging in gainful
employment other than employment approved by the 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, oper-
ation, or maintenance of treatment works for such period after
completion of his course of studies as the Administrator determines
appropriate.
(33US.C. 1261)
DEFINITIONS AND AUTHORIZATIONS
SEC. 112. (a) As used in sections 109 through 112 of this Act—
(1) The term "institution of higher education" means an
educational institution described in the first sentence of section
1201 of the Higher Education Act of 1965 (other than an insti-
tution of any agency of the United States) which is accredited
by a nationally recognized accrediting agency or association ap-
proved by the Administrator for this purpose. For purposes of
this subsection, the Administrator shall publish a list of na-
tionally recognized accrediting agencies or associations which
he determines to be reliable authority as to the quality of
training offered.
(2) The term "academic year" means an academic year or
its equivalent, as determined by the Administrator.
(b) The Administrator shall annually report his activities
under sections 109 through 112 of this Act, including recommenda-
tions for needed revisions in the provisions thereof.
(c) There are authorized to be appropriated $25,000,000 per fis-
cal year for fiscal years ending June 30, 1973, June 30, 1974, and
June 30, 1975, $6,000,000 for the fiscal year ending September 30,
1977, $7,000.000 for the fiscal year ending September 30, 1978,
117,000,000 for the fiscal year ending September 30, 1979,
117,000,000 for the fiscal year ending September 30, 1980,
117,000,000 for the fiscal year ending September 30, 1981,
117,000,000 for the fiscal year ending September 30, 1982, such
sums as may be necessary for fiscal years 1983 through 1985, and
$7,000,000 per fiscal year for each of the fiscal years 1986 through
1990, to carry out sections 109 through 112 of this Act.
(33 U.S.C. 1262)
ALASKA VILLAGE DEMONSTRATION PROJECTS
SEC. 113. (a) The Administrator is authorized to enter into
agreements with the State of Alaska to carry out one or more
Erejects to demonstrate methods to provide for central community
lenities for safe water and elimination or control of pollution in
FEDERAL WATER POLLUTION CONTROL ACT
24
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 fa-
cilities and programs relating to health and hygiene. Such dem-
onstration projects shall be for the further purpose of developing
preliminary plans for providing such safe water and such elimi-
nation or control of pollution for all native villages in such State.
(b) In carrying out this section the Administrator shall cooper-
ate with the Secretary of Health, Education, and Welfare for the
purpose of utilizing such of the personnel and facilities of that De-
partment as may be appropriate.
(c) The Administrator shall report to Congress not later than
July 1, 1973, the results of the demonstration projects authorized
by this section together with his recommendations, including and
necessary legislation, relating to the establishment of a statewide
program.
(d) There is authorized to be appropriated not to exceed
$2,000,000 to carry out this section. In addition, there is authorized
to be appropriated to carry out this section not to exceed $200,000
for the fiscal year ending September 30, 1978, and $220,000 for the
fiscal year ending September 30, 1979.
(e) The Administrator is authorized to coordinate with the Sec-
retary of the Department of Health, Education, and Welfare, the
Secretary of the Department of Housing and Urban Development,
the Secretary of the Department of the Interior, the Secretary of
the Department of Agriculture, and the heads of any other depart-
ments or agencies he may deem appropriate to conduct a joint
study with representatives of the State of Alaska and the appro-
priate Native organizations (as defined in Public Law 92-203) to
develop a comprehensive program for achieving adequate sanita-
tion services in Alaska villages. This study shall be coordinated
with the programs and projects authorized by sections 104(q) and
105(eX2) of this Act. The Administrator shall submit a report of the
results of the study, together with appropriate supporting data and
such recommendations as he deems desirable, to the Committee on
Environment and Public Works of the Senate and to the Committee
on Public Works and Transportation of the House of Representa-
tives not later than December 31, 1979. The Administrator shall
also submit recommended administrative actions, procedures, and
any proposed legislation necessary to implement the recommenda-
tions of the study no later than June 30, 1980.
(0 The Administrator is authorized to provide technical, finan-
cial and management assistance for operation and maintenance of
the demonstration projects constructed under this section, until
such time as the recommendations of subsection (e) are imple-
mented.
(g) For the purpose of this section, the term "village" shall
mean an incorporated or unincorporated community with a popu-
lation of ten to six hundred people living within a two-mile radius.
The term "sanitation services" shall mean water supply, sewage
disposal, solid waste disposal and other services necessary to main-
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25
\
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 116
tain generally accepted standards of personal hygiene and public
health.
(33 U.S.C. 1263)
LAKE TAHOE STUDY
SEC. 114. (a) The Administrator, in consultation with the
Tahoe Regional Planning Agency, the Secretary of Agriculture,
other Federal agencies, representatives of State and local govern-
ments, and members of the public, shall conduct a thorough and
complete study on the adequacy of and need for extending Federal
oversight and control in order to preserve the fragile ecology of
Lake Tahoe.
(b) Such study shall include an examination of the inter-
relationships and responsibilities of the various agencies of the
Federal Government and State and local governments with a view
to establishing the necessity for redefinition of legal and other ar-
rangements between these various governments, and making spe-
cific legislative recommendations to Congress. Such study shall
consider the effect of various actions in terms of their environ-
mental impact on the Tahoe Basin, treated as an ecosystem.
(c) The Administrator shall report on such study to Congress
not later than one year after the date of enactment of this sub-
section.
(d) There is authorized to be appropriated to carry out this sec-
tion not to exceed $500,000.
(33 U.S.C. 1264)
IN-PLACE TOXIC POLLUTANTS
SEC. 115. The Administrator is directed to identify the location
of in-place pollutants with emphasis on toxic pollutants in harbors
and navigable waterways and is authorized, acting through the
Secretary of the Army, to make contracts for the removal and ap-
propriate disposal of such materials from critical port and harbor
areas. There is authorized to be appropriated $15,000,000 to carry
out the provisions of this section, which sum shall be available
until expended.
(33 U.S.C. 1265)
HUDSON RIVER PCS RECLAMATION DEMONSTRATION PROJECT
SEC. 116. (a) The Administrator is authorized to enter into con-
tracts and other agreements with the State of New York to carry
out a project to demonstrate methods for the selective removal of
polychlorinated biphenyls contaminating bottom sediments of the
Hudson River, treating such sediments as required, burying such
sediments in secure landfills, and installing monitoring systems for
such landfills. Such demonstration project shall be for the purpose
of determining the feasibility of indefinite storage in secure land-
fills of toxic substances and of ascertaining the improvement of the
rate of recovery of a toxic contaminated national waterway. No pol-
lutants removed pursuant to this paragraph shall be placed in any
landfill unless the Administrator first determines that disposal of
the pollutants in such landfill would provide a higher standaniLof
^protection of the public health, safety, and welfare than disposaljjf^
Sec. 117
FEDERAL WATER POLLUTION CONTROL ACT
26
such pollutants by any other method including, but not limited to,
incineration or a chemical destruction process.
(b) The Administrator is authorized to make grants to the
State of New York to carry out this section from funds allotted to
such State under section 205(a) of this Act, except that the amount
of any such grant shall be equal to 75 per centum of the cost of
the project and such pant shall be made on condition that non-
Federal sources provide the remainder of the cost of such project.
The authority of this section shall be available until September 30,
1983. Funds allotted to the State of New York under section 205(a)
shall be available under this subsection only to the extent that
funds are not available, as determined by the Administrator, to the
State of New York for the work authorized by this section under
section 116 or 311 of this Act or a comprehensive hazardous sub-
stance response and clean up fund. Any funds used under the au-
thority of this subsection shall be deducted from any estimate of
the needs of the State of New York prepared under section 616(b)
of this Act. The Administrator may not obligate or expend more
than $20,000,000 to carry out this section.
(33 U.S.C. 1266)
SEC. 117. CHESAPEAKE BAY.
(a) OFFICE.—The Administrator shall continue the Chesapeake
Bay Program and shall establish and maintain the Environmental
Protection Agency an office, division, or branch of Chesapeake Bay
Programs to—
(1) collect and make available, through publications and
other appropriate means, information pertaining to the envi-
ronmental quality of the Chesapeake Bay (hereinafter in this
subsection referred to as the "Bay");
(2) coordinate Federal and State efforts to improve the
water quality of the Bay;
(3) determine the impact of sediment deposition in the Bay
and identify the sources, rates, routes, and distribution pat-
terns of such sediment deposition; and
(4) determine the impact of natural and man-induced envi-
ronmental changes on the living resources of the Bay and the
relationships among such changes with particular emphasis
placed on the impact of pollutant loadings of nutrients, chlo-
rine, acid precipitation, dissolved oxygen, and toxic pollutants,
including organic chemicals and heavy metals, and with special
attention given to the impact of such changes on striped bass.
(b) INTERSTATE DEVELOPMENT PLAN GRANTS.—
(1) AUTHORITY.—The Administrator shall, at the request of
the Governor of a State affected by the interstate management
plan developed pursuant to the Chesapeake Bay Program
(hereinafter in this section referred to as the "plan"), make a
grant for the purpose of implementing the management mecha-
nisms contained in the plan if such State has, within 1 year
after the date of the enactment of this section, approved and
committed to implement all or substantially all aspects of the
plan. Such grants shall be made subject to such terms juad con-
ditions aa the Administrator considers appropriate.
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27
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 118
Sec. 118
FEDERAL WATER POLLUTION CONTROL ACT
28
(2) SUBMISSION OF PROPOSAL.—A State or combination of
States may elect to avail itself of the benefits of this subsection
by submitting to the Administrator a comprehensive proposal
to implement management mechanisms contained in the plan
which shall include (A) a description of proposed abatement ac-
tions which the State or combination of States commits to take
within a specified time period to reduce pollution in the Bay
and to meet applicable water quality standards, and (B) the es-
timated cost of the abatement actions proposed to be taken
during the next fiscal year. If the Administrator finds that
such proposal is consistent with the national policies set forth
in section 101(a) of this Act and will contribute to the achieve-
ment of the national goals set forth in such section, the Admin-
istrator shall approve such proposal and shall finance the costs
of implementing segments of such proposal.
(3) FEDERAL SHARE.—Grants under this subsection shall
not exceed 50 percent of the costs of implementing the manage-
ment mechanisms contained in the plan in any fiscal year and
shall be made on condition that non-Federal sources provide
the remainder of die cost of implementing the management
mechanisms contained in the plan during such fiscal year.
(4) ADMINISTRATIVE COSTS.—Administrative costs in the
form of salaries, overhead, or indirect costs for services pro-
vided and charged against programs or projects supported by
funds made available under this subsection shall not exceed in
any one fiscal year 10 percent of the annual Federal grant
made to a State under this subsection.
(c) REPORTS.—Any State or combination of States that receives
a grant under subsection (b) shall, within 18 months after the date
of receipt of such grant and biennially thereafter, report to the Ad-
ministrator on the progress made in implementing the interstate
management plan developed pursuant to the Chesapeake Bay Pro-
gram. The Administrator shall transmit each such report along
with the comments of the Administrator on such report to Con-
gress.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are hereby au-
thorized to be appropriated the following sums, to remain available
until expended, to carry out the purposes of this section:
(1) $3,000,000 per fiscal year for each of the fiscal years
1987, 1988,1989, and 1990, to cany out subsection (a); and
(2) $10,000,000 per fiscal year for each of the fiscal years
1987, 1988, 1989, and 1990, for grants to States under sub-
section (b).
(33 U.S.C. 1267)
SEC. 118. GREAT LAKE&
(a) FINDINGS, PURPOSE, AND DEFINITIONS.—
(1) FINDINGS.—The Congress finds that—
(A) the Great Lakes are a valuable national resource,
continuously serving the people of the United States and
other nations as an important source of food, fresh water,
recreation, beauty, and enjoyment;
(B) the United States should seek to attain the goals
embodied in the Great Lakes Water Quality Agreement of
1978, as amended by the Water Quality Agreement of
1987 and any other agreements and amendments, with
particular emphasis on goals related to toxic pollutants;
and
(C) the Environmental Protection Agency should take
the lead in the effort to meet those goals, working with
other Federal agencies and State and local authorities.
(2) PURPOSE.—It is the purpose of this section to achieve
the goals embodied in the Great Lakes Water Quality Agree-
ment of 1978, as amended by the Water Quality Agreement of
1987 and any other agreements and amendments, through im-
proved organization and definition of mission on the part of the
Agency, funding of State grants for pollution control in the
Great Lakes area, and improved accountability for implemen-
tation of such agreement.
(3) DEFINITIONS.—For purposes of this section, the term—
(A) "Agency" means the Environmental Protection
Agency;
(B) "Great Lakes" means Lake Ontario, Lake Erie,
Lake Huron (including Lake St. Clair), Lake Michigan,
and Lake Superior, and the connecting channels (Saint
Mary's River, Saint Clair River, Detroit River, Niagara
River, and Saint Lawrence River to the Canadian Border);
(C) "Great Lakes System" means all the streams, riv-
ers, lakes, and other bodies of water within the drainage
basin of the Great Lakes;
(D) "Program Office" means the Great Lakes National
Program Office established by this section;
(E) "Research Office" means the Great Lakes Research
Office established by subsection (d);
(F) "area of concern" means a geographic area located
within the Great Lakes, in which beneficial uses are im-
paired and which has been officially designated as such
under Annex 2 of the Great Lakes Water Quality Agree-
ment;
(G) "Great Lakes States" means the States of Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Penn-
sylvania, and Wisconsin;
(H) "Great Lakes Water Quality Agreement" means
the bilateral agreement, between the United States and
Canada which was signed in 1978 and amended by the
Protocol of 1987;
(I) "Lakewide Management Plan" means a written doc-
ument which embodies a systematic and comprehensive
ecosystem approach to restoring and protecting the bene-
ficial uses of the open waters of each of the Great Lakes,
in accordance with article VI and Annex 2 of the Great
Lakes Water Quality Agreement; and
(J) "Remedial Action Plan" means a written document
which embodies a systematic and comprehensive eco-
system approach to restoring and protecting the beneficial
uses of areas of concern, in accordance with article VI and
Annex 2 of the Great Lakes Water Quality Agreement.
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29
FEDERAL WATER POLLUTION CONTROL ACT
(b) GREAT LAKES NATIONAL PROGRAM OFFICE.—The Great
Lakes National Program Office (previously established by the Ad-
ministrator) is hereby established within the Agency. The Program
Office shall be headed by a Director who, by reason of management
experience and technical expertise relating to the Great Lakes, is
highly qualified to direct the development of programs and plans
on a variety of Great Lakes issues. The Great Lakes National Pro-
gram Office shall be located in a Great Lakes State.
(c) GREAT LAKES MANAGEMENT.—
(1) FUNCTIONS.—The Program Office shall—
(A) in cooperation with appropriate Federal, State,
tribal, and international agencies, and in accordance with
section 101(e) of this Act, develop and implement specific
action plans to carry out the responsibilities of the United
States under the Great Lakes Water Quality Agreement of
1978, as amended by the Water Quality Agreement of
1987 and any other agreements and amendments,;1
(B) establish a Great Lakes system-wide surveillance
network to monitor the water quality of the Great Lakes,
with specific emphasis on the monitoring of toxic pollut-
ants;
(C) serve as the liaison with, and provide information
to, the Canadian members of the International Joint Com-
mission and the Canadian counterpart to the Agency;
(D) coordinate actions of the Agency (including actions
by headquarters and regional offices thereof) aimed at im-
proving Great Lakes water quality; and
(E) coordinate actions of the Agency with the actions
of other Federal agencies and State and local authorities,
so as to ensure the input of those agencies and authorities
in developing water quality strategies and obtain the sup-
port of those agencies and authorities in achieving the ob-
jectives of such agreement.
(2) GREAT LAKES WATER QUALITY GUIDANCE.—
(A) By June 30, 1991, the Administrator, after con-
sultation with the Program Office, shall publish in the
Federal Register for public notice and comment proposed
water quality guidance for the Great Lakes System. Such
guidance shall conform with the objectives and provisions
of the Great Lakes Water Quality Agreement, shall be no
less restrictive than the provisions of this Act and national
water quality criteria and guidance, shall specify numeri-
cal limits on pollutants in ambient Great Lakes waters to
protect human health, aquatic life, and wildlife, and shall
provide guidance to the Great Lakes States on minimum
Sec. 118 Sec. 118
FEDERAL WATER POLLUTION CONTROL ACT
water quality standards, antidegradation policies, and im-
plementation procedures for the Great Lakes System.
(B) By June 30, 1992, the Administrator, in consulta-
tion with the Program Office, shall publish in the Federal
Register, pursuant to this section and the Administrator's
authority under this chapter, final water quality guidance
for the Great Lakes System.
>SM f.L. 100-688, tertian 1008.
(C) Within two years after such Great Lakes guidance
is published, the Great Lakes States shall adopt water
quality standards, antidegradation policies, and implemen-
tation procedures for waters within the Great Lakes Sys-
tem which are consistent with such guidance. If a Great
Lakes State fails to adopt such standards, policies, and
procedures, the Administrator shall promulgate them not
later than the end of such two-year period. When review-
ing any Great Lakes State's water quality plan, the agency
shall consider the extent to which the State has complied
with the Great Lakes guidance issued pursuant to this sec-
tion.
(3) REMEDIAL ACTION PLANS.—
(A) For each area of concern for which the United
States has agreed to draft a Remedial Action Plan, the
Program Office shall ensure that the Great Lakes State in
which such area of concern is located—
(i) submits a Remedial Action Plan to the Program
Office by June 30, 1991;
(ii) submits such Remedial Action Plan to the
International Joint Commission by January 1, 1992;
and
(iii) includes such Remedial Action Plans within
the State's water quality plan by January 1, 1993.
(B) For each area of concern for which Canada has
agreed to draft a Remedial Action Plan, the Program Of-
fice shall, pursuant to subparagraph (cXIXC) of this sec-
tion, work with Canada to assure the submission of such
Remedial Action Plans to the International Joint Commis-
sion by June 30, 1991, and to finalize such Remedial Ac-
tion Plans by January 1, 1993.
(C) For any area of concern designated as such subse-
quent to the enactment of this Act, the Program Office
shall (i) if the United States has agreed to draft the Reme-
dial Action Plan, ensure that the Great Lakes State in
which such area of concern is located submits such Plan to
the Program Office within two years of the area's designa-
tion, submits it to the International Joint Commission no
later than six months after submitting it to the Program
Office, and includes such Plan in the State's water quality
plan no later than one year after submitting it to the Com-
mission; and (ii) if Canada has agreed to draft the Reme-
dial Action Plan, work with Canada, pursuant to subpara-
graph (cXD(C) of this section, to ensure the submission of
such Plan to the International Joint Commission within
two years of the area's designation and the finalization of
such Plan no later than eighteen months after submitting
it to such Commission.
(D) The Program Office shall compile formal comments
on individual Remedial Action Plans made by the Inter-
national Joint Commission pursuant to section 4(d) of
Annex 2 of the Great Lakes Water Quality Agreement and,
upon request by a member of the public, shall make such
comments available for inspection and copying. The
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31
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 118
Sec. 118
FEDERAL WATER POLLUTION CONTROL ACT
32
gram Office shall also make available, upon request, for-
mal comments made by the Environmental Protection
Agency on individual Remedial Action Plans.
(4) LAKEWIDE MANAGEMENT PLANS.—The Administrator, in
consultation with the Program Office shall—
(A) by January 1, 1992, publish in the Federal Reg-
ister a proposed Lakewide Management Plan for Lake
Michigan and solicit public comments;
(B) by January 1, 1993, submit a proposed Lakewide
Management Plan for Lake Michigan to the International
Joint Commission for review; and
(C) by January 1, 1994, publish in the Federal Reg-
ister a final Lakewide Management Plan for Lake Michi-
gan and begin implementation.
Nothing in this subparagraph shall preclude the simultaneous de-
velopment of Lakewide Management Plans for the other Great
Lakes.
(5) SPILLS OF OIL AND HAZARDOUS MATERIALS.—The Pro-
gram Office, in consultation with the Coast Guard, shall iden-
tify areas within the Great Lakes which are likely to experi-
ence numerous or voluminous spills of oil or other hazardous
materials from land based facilities, vessels, or other sources
and, in consultation with the Great Lakes States, shall identify
weaknesses in Federal and State programs and systems to pre-
vent and respond to such spills. This information shall be in-
cluded on at least a biennial basis in the report required by
this section.
(6) 5-YEAR PLAN AND PROGRAM.—The Program Office shall
develop, in consultation with the States, a five-year plan and
program for reducing the amount of nutrients introduced into
the Great Lakes. Such program shall incorporate any manage-
ment program for reducing nutrient runoff from nonpoint
sources established under section 319 of this Act and shall in-
clude a program for monitoring nutrient runoff into, and ambi-
ent levels in, the Great Lakes.
(7) 5-YEAR STUDY AND DEMONSTRATION PROJECTS.—
-------
pended on Groat Lakes water quality initiatives in the
{fiscal year to which the assessment relates; and
(ii) include a report of current programs adminis-
tered by other Federal agencies which make available
resources to (the Great Lakes water quality manage-
(11) CONFINED DISPOSAL FACILITIES.— (A) The Adminis-
trator, in consultation with the Assistant Secretary of the
Army for Civil Works, shall develop and implement, within one
year of the date of enactment of this paragraph, management
plans for every Great Lakes confined disposal facility.
(E)'The plan shall provide for monitoring of such facilities,
including —
(i) water quality at the site and in the area of the site;
(ii) sediment quality at the site and in the area of the
site;
(iii) the diversity, productivity, and stability of aquatic
organisms at the site and in the area of the site; and
(iv) such other conditions ae the Administrator deems
appropriate.
(C) The plan shall identify the anticipated use and man-
agement of me site over the following twenty-year period in-
cluding the expected termination of dumping at the site, the
anticipated need for site management, including pollution con-
trol, following the termination of the use of the site.
(D) The plan shall identify a schedule for review and revi-
sion of the plan which shall not be less frequent than Jive
years after adoption of the plan and every five years there-
(d) GREAT LAKES RESEARCH.—
(1) ESTABLISHMENT OF RESEARCH OFFICE.—There is estab-
lished within the National Oceanic and Atmospheric Adminis-
tration the Great Lakes Research Office.
(2) IDENTIFICATION OF ISSUES.—The Research Office shall
identify issues relating to the Great Lakes resources on which
research is needed. IB® Research' Office shall submit a report
to Congress on such issues before the end of each fiscal year
which shall identify any changes in the Great Lakes system
with respect to such issues.
(3) INVENTORY.—The Research Office shall identify and in-
ventory, Federal, State, university, and tribal environmental
research programs (and, to the extent feasible, those of private
organizations and other nations) relating to the Great Lakes
system, and shall update that inventory every four years.
(4) RESEARCH EXCHANGE.—The Research Office shall es-
tablish a Great Lakes research exchange for the purpose of fa-
cilitating the rapid identification, acquisition, retrieval, dis-
semination, andl use of information concerning research
irojects which are ongoing or completed and which affect the
i.
PROGRAM.—The Research Office shall de-
wifch the Coordiratation Office, a com-
irograra sad data bas® for
but .not
be limited to, data relating to water quality, fisheries, and
biota.
(6) MONITORING.—The Research Office shall conduct,
through the Great Lakes Environmental Research Laboratory,
the National Sea Grant College program, other Federal labora-
tories, and the private sector, appropriate research and mon-
itoring activities which address priority issues and current
needs relating to the Great Lakes.
(7) LOCATION.—The Research Office shall be located in a
Great Lakes State.
(e) RESEARCH AND MANAGEMENT COORDINATION.—
(1) JOINT PLAN.—Before October 1 of each year, the Pro-
gram Office and the Research Office shall prepare a joint re-
search plan for the fiscal year which begins in the following
calendar year.
(2) CONTENTS OF PLAN.—Each plan prepared under para-
graph (1) shall—
(A) identify all proposed research dedicated to activi-
ties conducted under the Great Lakes Water Quality
Agreement of 1978;
(B) include the Agency's assessment of priorities for
research needed to fulfill the terms of such Agreement;
(C) identify all proposed research that may be used to
develop a comprehensive environmental data base for the
Great Lakes system and establish priorities for develop-
ment of such data base.
(3) HEALTH RESEARCH REPORT.—(A) Not later than Sep-
tember 30, 1994, the Program Office, in consultation with the
Research Office, the Agency for Toxic Substances and Disease
Registry, and Great Lakes States shall submit to the Congress
a report assessing the adverse effects of water pollutants in the
Great Lakes System on the health of persons in Great Lakes
States and the health of fish, shellfish, and wildlife in the
Great Lakes System. In conducting research in support of this
report, the Administrator may, where appropriate, provide for
research to be conducted under cooperative agreements with
Great Lakes States.
(B) There is authorized to be appropriated to the Adminis-
trator to carry out this section not to exceed $3,000,000 for
each of fiscal years 1992, 1993, and 1994.
(f) INTERAGENCY COOPERATION.—The head of each department,
agency, or other instrumentality of the Federal Government which
is engaged in, is concerned with, or has authority over programs
relating to research, monitoring, and planning to maintain, en-
hance, preserve, or rehabilitate the environmental Quality and nat-
ural resources of the Great Lakes, including the Chief of Engineers
of the Army, the Chief of the Soil Conservation Service, the Com-
mandant of the Coast Guard, the Director of the Fish and Wildlife
Service, and the Administrator of the National Oceanic and Atmos-
pheric Administration, shall submit an annual report to the Ad-
ministrator with respect to the activities of that agency or office af-
fecting compliance with the Great Lakes Water Quality Agreement
of 1978.
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35
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 119
Sec. 119
FEDERAL WATER POLLUTION CONTROL ACT
36
(g) RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND
INTERNATIONAL TREATIES.—Nothing in this section shall be con-
strued to affect the jurisdiction, powers, or prerogatives of any de-
partment, agency, or officer of the Federal Government or of any
State government, or of any tribe, nor any powers, jurisdiction, or
prerogatives of any international body created by treaty with au-
thority relating to the Great Lakes.
(h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS.—There
are authorized to be appropriated to the Administrator to carry out
this section not to exceed $11,000,000 per fiscal year for the fiscal
years 1987, 1988, 1989, and 1990. and $25,000,000 for fiscal year
1991. Of the amounts appropriated each fiscalyear—
(1) 40 percent shall be used by the Great Lakes National
Program Office on demonstration projects on the feasibility of
controlling and removing toxic pollutants;
(2) 7 percent shall oe used by the Great Lakes National
Program Office for the program of nutrient monitoring; and
(3) 30 percent or $3,300,000, whichever is the lesser, shall
be transferred to the National Oceanic and Atmospheric Ad-
ministration for use by the Great Lakes Research Office.
(33 U.S.C. 1268)
SEC. 119. LONG ISLAND SOUND.—(a) The Administrator shall
continue the Management Conference of the Long Island Sound
Study (hereinafter referred to as the "Conference") as established
Sirsuant to section 320 of this Act, and shall establish an office
ereinafter referred to as the "Office") to be located on or near
Long Island Sound.
(b) ADMINISTRATION AND STAFFING OF OFFICE.—The Office
shall be headed by a Director, who shall be detailed by the Admin-
istrator, following consultation with the Administrators of EPA re-
gions I and II, from among the employees of the Agency who are
in civil service. The Administrator shall delegate to the Director
such authority and detail such additional staff as may be necessary
to carry out the duties of the Director under this section.
(c) DUTIES OF THE OFFICE.—The Office shall assist the Man-
agement Conference of the Long Island Sound Study in carrying
out its goals. Specifically, the Office shall—
(1) assist and support the implementation of the Com-
Krehensive Conservation and Management Plan for Long Is-
md Sound developed pursuant to section 320 of this Act;
(2) conduct or commission studies deemed necessary for
strengthened implementation of the Comprehensive Conserva-
tion and Management Plan including, but not limited to—
(A) population growth and the adequacy of wastewater
treatment facilities,
(B) the use of biological methods for nutrient removal
in sewage treatment plants,
(C) contaminated sediments, and dredging activities,
(D) nonpoint source pollution abatement and land use
activities in the Long Island Sound watershed,
(E) wetland protection and restoration,
(F) atmospheric deposition of acidic and other pollut-
ants into Long Island Sound,
(G) water quality requirements to sustain fish, shell-
fish, and wildlife populations, and the use of indicator spe-
cies to assess environmental quality,
(H) State water quality programs, for their adequacy
pursuant to implementation of the Comprehensive Con-
servation and Management Plan, and
(I) options for long-term financing of wastewater treat-
ment projects and water pollution control programs.
(3) coordinate the grant, research and planning programs
authorized under this section;
(4) coordinate activities and implementation responsibil-
ities with other Federal agencies which have jurisdiction over
Long Island Sound and with national and regional marine
monitoring and research programs established pursuant to the
Marine Protection, Research, and Sanctuaries Act;
(5) provide administrative and technical support to the
conference;
(6) collect and make available to the public publications,
and other forms of information the conference determines to be
appropriate, relating to the environmental quality of Long Is-
land Sound;
(7) not more than two years after the date of the issuance
of the final Comprehensive Conservation and Management
Plan for Long Island Sound under section 320 of this Act, and
biennially thereafter, issue a report to the Congress which—
(A) summarizes the progress made by the States in
implementing the Comprehensive Conservation and Man-
agement Plan;
(B) summarizes any modifications to the Comprehen-
sive Conservation and Management Plan in the twelve-
month period immediately preceding such report; and
(C) incorporates specific recommendations concerning
the implementation of the Comprehensive Conservation
and Management Plan; and
(8) convene conferences BJid meetings for legislators from
State governments and political subdivisions thereof for the
purpose of making recommendations for coordinating legisla-
tive efforts to facilitate the environmental restoration of Long
Island Sound and the implementation of the Comprehensive
Conservation and Management Plan.
(d) GRANTS.—(1) The Administrator is authorized to make
grants for projects and studies which will help implement the Long
Island Sound Comprehensive Conservation and Management Plan.
Special emphasis shall be given to implementation, research and
planning, enforcement, and citizen involvement and education.
(2) State, interstate, and regional water pollution control agen-
cies, and other public or nonprofit private agencies, institutions,
and organizations held to be eligible for grants pursuant to this
subsection.
(3) Citizen involvement and citizen education grants under this
subsection shall not exceed 95 per centum of the costs of such
work. All other grants under this subsection shall not exceed 50
per centum of the research, studies, or work. All granta shall be
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37
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 120
Sec. 120
FEDERAL WATER POLLUTION CONTROL ACT
38
made on the condition that the non-Federal share of such costs are
provided from non-Federal sources.
(e) AUTHORIZATIONS.—(1) There is authorized to be appro-
priated to the Administrator for the implementation of this section,
other than subsection (d), such sums as may be necessary for each
of the fiscal years 1991 through 2001.
(2) There is authorized to be appropriated to the Administrator
for the implementation of subsection (d) not to exceed $3,000,000
for each of the fiscal years 1991 through 2001.
(33 U.S.C. 1269)
LAKE CHAMPLAIN MANAGEMENT CONFERENCE
SEC. 120. (a) ESTABLISHMENT.—There is established a Lake
Champlain Management Conference to develop a comprehensive
pollution prevention, control, and restoration plan for Lake Cham-
plain. The Administrator shall convene the management conference
within ninety days of the date of enactment of this section.
(b) MEMBERSHIP.—The Members of the Management Con-
ference shall be comprised of—
(1) the Governors of the States of Vermont and New York;
(2) each interested Federal agency, not to exceed a total of
five members;
(3) the Vermont and New York Chairpersons of the Ver-
mont, New York, Quebec Citizens Advisory Committee for the
Environmental Management of Lake Champlain;
(4) four representatives of the State legislature of Ver-
mont;
(5) four representatives of the State legislature of New
York;
(6) six persons representing local governments having ju-
risdiction over any land or water within the Lake Champlain
basin, as determined appropriate by the Governors; and
(7) eight persons representing affected industries, non-
governmental organizations, public and private educational in-
stitutions, and the general public, as determined appropriate
by tiie trigovernmental Citizens Advisory Committee for the
Environmental Management of Lake Champlain, but not to be
current members of the Citizens Advisory Committee.
(c) TECHNICAL ADVISORY COMMITTEE.—(1) The Management
Conference shall, not later than one hundred and twenty days after
the date of enactment of this section, appoint a Technical Advisory
Committee.
(2) Such Technical Advisory Committee shall consist of officials
of: appropriate departments and agencies of the Federal Govern-
ment; the State governments of New York and Vermont; and gov-
ernments of political subdivisions of such States; and public and
private research institutions.
(d) RESEARCH PROGRAM.—<1)l The Management Conference
shall establish a multi-disciplinary environmental research pro-
gram for Lake Champlain. Such research program shall be planned
No paragraph (2). SM P.L, 101496. MC. 303.104 But 3006.
and conducted jointly with the Lake Champlain Research Consor-
tium.
(e) POLLUTION PREVENTION, CONTROL, AND RESTORATION
PLAN.—<1) Not later than three years after the date of the enact-
ment of this section, the Management Conference shall publish a
pollution prevention, control, and restoration plan (hereafter in this
section referred to as the "Plan") for Lake Champlain.
(2) The Plan developed pursuant to this section shall—
(A) identify corrective actions and compliance schedules
addressing point and nonpoint sources of pollution necessary to
restore and maintain the chemical, physical, and biological in-
tegrity of water quality, a balanced, indigenous population of
shellfish, fish and wildlife, recreational, and economic activities
in and on the lake;
(B) incorporate environmental management concepts and
programs established in State and Federal plans and programs
in effect at the time of the development of such plan;
(C) clarify the duties of Federal and State agencies in pol-
lution prevention and control activities, and to the extent al-
lowable by law, suggest a timetable for adoption by the appro-
priate Federal and State agencies to accomplish such duties
within a reasonable period of time;
(D) describe the methods and schedules for funding of pro-
grams, activities, and projects identified in the Plan, including
the use of Federal funds and other sources of funds; and
(E) include a strategy for pollution prevention and control
that includes the promotion of pollution prevention and man-
agement practices to reduce the amount of pollution generated
in the Lake Champlain basin.
(3) The Administrator, in cooperation with the Management
Conference, shall provide for public review and comment on the
draft Plan. At a minimum, the Management Conference shall con-
duct one public meeting to hear comments on the draft plan in the
State of New York and one such meeting in the State of Vermont.
(4) Not less than one hundred and twenty days after the publi-
cation of the Plan required pursuant to this section, the Adminis-
trator shall approve such plan if the plan meets the requirements
of this section and the Governors of the States of New York and
Vermont concur.
(5) Upon approval of the plan, such plan shall be deemed to
be an approved management program for the purposes of section
319(h) of this Act and such plan shall be deemed to be an approved
comprehensive conservation and management plan pursuant to sec-
tion 320 of this Act.
(f) GRANT ASSISTANCE.—(1) The Administrator may, in con-
sultation with the Management Conference, make grants to State,
interstate, and regional water pollution control agencies, and public
or nonprofit agencies, institutions, and organizations.
(2) Grants under this subsection shall be made for assisting re-
search, surveys, studies, and modeling and technical and support-
ing work necessary for the development of the Plan and for retain-
ing expert consultants in support of litigation undertaken by the
State of New York and the State of Vermont to compel cleanup or
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39
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 201
obtain cleanup damage costs from persons responsible for pollution
of Lake Champlain.
(3) The amount of grants to any person under this subsection
for a fiscal year shall not exceed 75 per centum of the costs of such
research, survey, study and work and shall be made available on
the condition that non-Federal share of such costs are provided
from non-Federal sources.
(4) The Administrator may establish such requirements for the
administration of grants as he determines to be appropriate.
(g) DEFINITION.—For the purposes of this section, the term
"Lake Champlain drainage basin" means all or part of Clinton,
Franklin, Warren, Essex, and Washington counties in the State of
New York and all or part of Franklin, Grand Isle, Chittenden,
Addison, Rutland, Lamoille, Orange, Washington, Orleans, and
Caledonia counties in Vermont, that contain all of the streams, riv-
ers, lakes, and other bodies of water, including wetlands, that drain
into Lake Champlain.
(h) STATUTORY INTERPRETATION.—Nothing in this section shall
be construed so as to affect the jurisdiction or powers of—
(1) any department or agency of the Federal Government
or any State government; or
(2) any international organization or entity related to Lake
Champlain created by treaty or memorandum to which the
United States is a signatory.
(i) AUTHORIZATION.—There are authorized to be appropriated
to the Environmental Protection Agency to carry out this section
$2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and
1995.
(33 U.S.C. 1270)
TITLE II—GRANTS FOR CONSTRUCTION OF TREATMENT
WORKS
PURPOSE
SEC. 201. (a) It is the purpose of this title to require and to as-
sist the development and implementation of waste treatment man-
agement plans and practices which will achieve the goals of this
Act.
(b) Waste treatment management plans and practices shall
provide for the application of the best practicable waste treatment
technology before any discharge into receiving waters, including re-
claiming and recycling of water, and confined disposal of pollutants
so they will not migrate to cause water or other environmental pol-
lution and shall provide for consideration of advanced waste treat-
ment 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 ac-
cumulated pollution sources.
(d) The Administrator shall encourage waste treatment man-
agement which results in the construction of revenue producing fa-
cilities providing for—
Sec. 201
FEDERAL WATER POLLUTION CONTROL ACT
40
(1) the recycling of potential sewage pollutants through the
production of agriculture, silviculture, or aquaculture products,
or any combination thereof;
(2) 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 waste treatment man-
agement which results in integrating facilities for sewage treat-
ment and recycling with facilities to treat, dispose of, or utilize
other industrial and municipal wastes, including but not limited to
solid waste and waste heat and thermal discharges. Such inte-
grated 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 pro-
grams.
(0 The Administrator shall encourage waste treatment man-
agement which combines "open space" and recreational consider-
ations with such management.
(gXD The Administrator is authorized to make grants to any
State, municipality, or intermunicipal or interstate agency for the
construction of publicly owned treatment works. On and after Octo-
ber 1, 1984, grants under this title shall be made only for projects
for secondary treatment or more stringent treatment, or any cost
effective alternative thereto, new interceptors and appurtenances,
and infiltration-in-flow correction. Notwithstanding the preceding
sentences, the Administrator may make grants on and alter Octo-
ber 1, 1984, for (A) any project within the definition set forth in
section 212(2) of this Act, other than for a project referred to in the
preceding sentence, and (B) any purpose for which a grant may be
made under sectionsl 319 (h) and (i) of this Act (including any in-
novative and alternative approaches for the control of nonpoint
sources of pollution), except that not more than 20 per centum (as
determined by the Governor of the State) of the amount allotted to
a State under section 205 of this Act for any fiscal year shall be
obligated in such State under authority of this sentence.
(2) The Administrator shall not make grants from funds au-
thorized 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, improve-
ment, or extension of treatment works unless the grant applicant
has satisfactorily demonstrated to the Administrator that—
(A) alternative waste management techniques have been
studied'and evaluated and the works proposed for grant assist-
ance will provide for the application of the best practicable
waste treatment technology over the life of the works consist-
ent with the purposes of this title; and
(B) as appropriate, the works proposed for grant assistance
will take into account and allow to the extent practicable the
application of technology at a later date which will provide for
i So in ori(iMl. Probably should b» -section".
-------
§®e.
reclaiming or recydrag of water or otherwise eliminate the
. .. ^ M . r *"
of
(3) The Admimstorsitor shall not approve any grant after July
1, 1973, for treatment works under this section unless the appli-
cant shows to the satisfaction of the Administrator that each sewer
collection system discharging into such treatment works is not sub-
ject to excessive infiltration.
(4) The Administrator is authorized to make .grants to appli-
cants for treatment works grants under this section for such sewer
system evaluation studies as may be necessary to carry out the re-
quirements of paragraph (3) of this subsection. Such grants shall
be made in accordance with rules and regulations promulgated bv
the Administrator. Initial rales and regulations shall be promul-
gated under this paragraph not later than 120 days after the date
of enactment of the Federal 'Water Pollution Control Act Amend-
ments of 1972.
(5) The Administrator shall not make grants from funds au-
thorized for any fiscal year beginning after September 30, 1978, to
any State, municipality, or intermunicipal or interstate agency for
the erection, building, acquisition, alteration, remodeling. Improve-
ment, or extension oil treatment works unless the grant applicant
has satisfactorily demonstrated to the Administrator that innova-
tive and alternative wastewater treatment processes and tech-
niques which provide for the reclaiming and reuse of water, other-
wise eliminate the discharge of pollutants, and utilize recycling
techniques, land treatment, new or improved methods of waste
treatment management for municipal and industrial waste (dis-
charged into municipal systems) and the confined disposal of pol-
lutants, so that pollutants will not migrate to cause water or other
environmental pollution, have been fully studied and evaluated by
the applicant taking into account section 201(d) of this Act and tak-
ing into account and allowing to the extent practicable the more ef-
ficient use of energy and resources.
(6) The Administrator shall not make grants from funds au-
thorized for any fiscal year beginning after September 30, 1978, to
any State, municipality, or intermunicipal or interstate agency for
the erection, building, acquisition, alteration, remodeling, improve-
ment, or extension of treatment works unless the grant applicant
has satisfactorily demonstrated to the Administrator that the appli-
cant has analyzed the potential recreation and open space opportu-
nities in the planning of the proposed treatment works.
(h) A grant may b® made trader this section to construct a pri-
vately owned treatment works serving one or more principal resi-
dences or small commercial establishments constructed prior to,
and inhabited on th® date of enactment of this subsection where
the Administrator finds that—
(1) a public body otherwise eligible for a grant under sub-
section (g) of this section has applied on behalf of a number of
such units and certified that public ownership of such works
is not feasible;
(2) such public body has entered into an agreement with
the Admimsteatoir which guarantees fehafe such treatment
"" b® properly operated and msmtaimed and will com-
includes a system of charges to assure that each recipient of
waste treatment services under such a grant will pay its pro-
portionate share of the cost of operation and maintenance (in-
cluding replacement); and
(3) the total cost and environmental impact of providing
waste treatment services to such residences or commercial es-
tablishments will be less than the cost of providing a system
of collection and central treatment of such wastes.
(i) The Administrator shall encourage waste treatment man-
agement methods, processes, and techniques which will reduce
total energy requirements.
(j) The Administrator is authorized to make a grant for any
treatment works utilizing processes and techniques meeting the
guidelines promulgated under section 304(d)(3) of this Act, if the
Administrator determines it is in the public interest and if in the
cost effectiveness study made of the construction grant application
for the purpose of evaluating alternative treatment works, the life
cycle cost of the treatment works for which the grant is to be made
does not exceed the life cycle cost of the most effective alternative
by more than 16 por centum.
(k) No grant mad® after November 15, 1981, for a publicly
owned treatment works, other than for facility planning and the
preparation of construction plans and specifications, shall be used
to treat, store, or convey the flow of any industrial user into such
treatment works in excess of a flow per day equivalent to fifty
thousand gallons per day of sanitary waste. This subsection shall
not apply to any project proposed by a grantee which is carrying
out an approved project to prepare construction plans and specifica-
tions for a facility to treat wastewater, which received its grant ap-
proval before May 15, 1980. This subsection shall not be in effect
after November 15, 1981.
(1)(1) After the date of enactment of this subsection, Federal
grants shall not be made for the purpose of providing assistance
solely for facility plans, or plans, specifications, and estimates for
any proposed project for the construction of treatment works. In
the event that the proposed project receives a grant under this sec-
tion for construction, the Administrator shall make an allowance in
such grant for non-Federal funds expended during the facility plan-
ning and advanced engineering and design phase at the prevailing
Federal share under section 202(a) of this Act, based on the per-
centage of total project costs which the Administrator determines
is the general experience for such projects.
(2XA) Each State shall use a portion of the funds allotted to
such State each fiscal year, but not to exceed 10 per centum of such
funds, to advance to potential grant applicants under this title the
costs of facility planning or the preparation of plans, specifications,
and estimates.
(B) Such an advance shall be limited to the allowance for such
costs which the Administrator establishes under paragraph (1) of
this subsection, and shall be provided only to a potential grant ap-
plicant which is a small community and which in the judgment of
the State would otherwise be unable to prepare a request for a
grant for construction coats wider this section.
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43
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 202
Sec. 202
(C) In the event a grant for construction costs is made under
this section for a project for which an advance has been made
under this paragraph, the Administrator shall reduce the amount
of such grant by the allowance established under paragraph (1) of
this subsection. In the event no such grant is made, the State is
authorized to seek repayment of such advance on such terms and
conditions as it may determine.
(mXD Notwithstanding any other provisions of this title, the
Administrator is authorized to make a grant from any funds other-
wise allotted to the State of California under section 205 of this Act
to the project (and in the amount) specified in Order WQG 81-1
of the California State Water Resources Control Board.
(2) Notwithstanding any other provision of this Act, the Ad-
ministrator shall make a grant from any funds otherwise allotted
to the State of California to the city of Eureka, California, in con-
nection with project numbered C-06-2772, for the purchase of one
hundred and thirty-nine acres of property as environmental mitiga-
tion for siting of the proposed treatment plant.
(3) Notwithstanding any other provision of this Act, the Ad-
ministrator shall make a grant from any funds otherwise allotted
to the State of California to the city of San Diego, California, in
connection with that city's aquaculture sewage process (total re-
sources recovery system) as an innovative and alternative waste
treatment process.
(nXD On and after October 1, 1984, upon the request of the
Governor of an affected State, the Administrator is authorized to
use funds available to such State under section 205 to address
water quality problems due to the impacts of discharges from com-
bined storm water and sanitary sewer overflows, which are not oth-
erwise eligible under this subsection, where correction of such dis-
charges is a major priority for such State.
(2) Beginning fiscal year 1983, the Administrator shall have
available (200,000,000 per fiscal year in addition to those funds
authorized in section 207 of this Act to be utilized to address water
quality problems of marine bays and estuaries subject to lower lev-
els of water quality due to the impacts of discharges from combined
storm water and sanitary sewer overflows from adjacent urban
complexes, not otherwise eligible under this subsection. Such sums
may be used as deemed appropriate by the Administrator as pro-
vided in paragraphs (1) and (2) of this subsection, upon the request
of and demonstration of water quality benefits by the Governor of
an affected State.
(o) The Administrator shall encourage and assist applicants for
grant assistance under this title to develop and file with the Ad-
ministrator a capital financing plan which, at a minimum—
(1) projects the future requirements for waste treatment
services within the applicant's jurisdiction for a period of no
less than ten years;
(2) projects the nature, extent, timing, and costs of future
expansion and reconstruction of treatment works which will be
necessary to satisfy the applicant's projected future require-
ments for waste treatment services; and
FEDERAL WATER POLLUTION CONTROL ACT
44
(3) sets forth with specificity the manner in which the ap-
plicant intends to finance such future expansion and recon-
struction.
(p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.—In any case
in which a dispute arises with respect to the awarding of a contract
for construction of treatment works by a grantee of funds under
this title and a party to such dispute files an appeal with the Ad-
ministrator under this title for resolution of such dispute, the Ad-
ministrator shall make a final decision on such appeal within 90
days of the filing of such appeal.
(33 U.S.C. 1281)
FEDERAL SHARE
SEC. 202. (aXD The amount of any grant for treatment works
made under this Act from funds authorized for any fiscal year be-
ginning after June 30, 1971, and ending before October 1, 1984,
shall be 75 per centum of the cost of construction thereof (as ap-
proved by the Administrator), and for any fiscal year beginning on
or after October 1, 1984, shall be 55 per centum of the cost of con-
struction thereof (as approved by the Administrator), unless modi-
fied to a lower percentage rate uniform throughout a State by the
Governor of that State with the concurrence of the Administrator.
Within ninety days after the enactment of this sentence the Admin-
istrator, shall issue guidelines for concurrence in any such modi-
fication, which shall provide for the consideration of the unobli-
gated balance of sums allocated to the State under section 205 of
this Act, the need for assistance under this title in such State, and
the availability of State grant assistance to replace the Federal
share reduced by such modification. The payment of any such re-
duced Federal share shall not constitute an obligation on the part
of the United States or a claim on the part of any State or grantee
to reimbursement for the portion of the Federal share reduced in
any such State. Any grant (other than for reimbursement) made
prior to the date of enactment of the Federal Water Pollution Con-
trol Act Amendments of 1972 from any funds authorized for any
fiscal year beginning alter June 30, 1971, shall, upon the request
of the applicant, be increased to the applicable percentage under
this section. Notwithstanding the first sentence of this paragraph,
in any case where a primary, secondary, or advanced waste treat-
ment facility or its related interceptors or a project for infiltration-
in-flow correction has received a grant for erection, building, acqui-
sition, alteration, remodeling, improvement, extension, or correc-
tion before October 1, 1984, all segments and phases of such facil-
ity, interceptors, and project for infiltration-in-flow correction shall
be eligible for grants at 75 per centum of the cost of construction
thereof for any grant made pursuant to a State obligation which
obligation occurred before October 1, 1990. Notwithstanding the
first sentence of this paragraph, in the case of a project for which
an application for a grant under this title has been made to the Ad-
ministrator before October 1, 1984, and which project is under judi-
cial injunction on such date prohibiting its construction, such
project shall be eligible for grants at 75 percent of the cost of con-
struction thereof. Notwithstanding the first sentence of this para-
-------
graph, in the case of the Wyoming Valley Sanitary Authority
project maadated by judicial order winder a proceeding begun prior
to October 1, 1984, sand a project for wastewater treatment for A!-
toona, Pennsylvania, such projects shall be eligible for grants at 75
pe?sent of the cost of construction thereof.
(2) The amount of any grant made agter September 30, 1978,
and before October 1, 1981, for any eligible treatment works or sig-
nificant portion thereof utilizing innovative or alternative
wastewater treatment prcces'ses ani techniques referred to in sec-
tion 201(gX5) shall be 85 per centum of the cost of construction
thereof, unless modified by the Governor of the State with the con-
currence of the Administrator to a percentage rate no less than 15
per centum greater than the modified uniform percentage rat® in
which the Administrator has concurred pursuant to paragraph (1)
of'this subsection. The amount of any grant made after September
30, 1981, for any eligible treatment works or unit processes and
tethinques -thereof utilizing innovative or alternative wastewater
treatment processes and techniques referred to in section 201(gX5)
shall be a percentage of the eost of construction thereof equal to 20
per centum greater than the percentage in effect under paragraph
(I) of this subsection for such works or unit processes and tech-
niques, but in no event greater than 85 per centum of the cost of
construction thereof. No grant shall be made under this paragraph
for construction of a treatment works in any State unless the pro-
portion of the State contribution to the non-Federal share of con-
struction costs for all treatment works in such State receiving a
grant under this paragraph is the same as or greater than the pro-
portion of the State contribution (if any) to the non-Federal share
of construction costs for all treatment works receiving grants in
such State under paragraph (1) of this subsection.
(3) In addition to any grant made pursuant to paragraph (2)
of this subsection, the Administrator is authorized to make a grant
to fund all of the costs of the modification or replacement of any
facilities constructed with a grant made pursuant to paragraph (2)
if the Administrator finds that such facilities have not met design
performance specifications unless such failure is attributable to
negligence on the part of any person and if such failure has signifi-
cantly increased capital or operating and maintenance expendi-
tures. In addition, the Administrator is authorized to make a grant
to fund all of the costs of the modification or replacement of biodisc
equipment (rotating biological contractors) in any publicly owned
treatment works if the Administrator finds that such equipment
has failed to meet design performance specifications, unless such
failure is attributable to negligence on the part of any person, and
if such failure has significantly increased capital or operating and
maintenance expenditures.
(4) For the purposes of this section, the term "eligible treat-
ment works" means those treatment works in each Slate which
meet the requirements of section 201(gX5) of this Act and which
can be folly funded from funds available for such purpose in such
rauoiioa eoanoi. an
or acquisition of which was-not commenced prior to July 1,
shall, upon the request of the applicant, be increased to the appli-
cable percentage under subsection (a) of this .section for grants for
treatment works from funds for fiscal years beginning alter June
30, 1971, with respect to the cost of such actual erection, building,
or acquisition. Such increased amount shall be paid from any wanes
allocated to the State in which the treatment works is located with-
out regard to the fiscal year for which such funds were authorized.
Such increased amount shall be paid for such project only if—
(1) 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 con-
structed 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
(2) 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 rec-
reational use of surface water bodies, unless effluents from
publicly-owned treatment works after adequate treatment are
returned to the ground water consistent with acceptable tech-
nological standards.
(c) Notwithstanding any other provision of law, sums allotted
to the Commonwealth of Puerto Rico under section 205 of this Act
for fiscal year 1981 shall remain available for obligation for the fis-
cal year for which authorized and for the period of the next suc-
ceeding twenty-four months. Such sums and any unobligated funds
available to Puerto Rico from allotments for fiscal years ending
prior to October I, 1981, shall be available for obligation by the Ad-
ministrator of the Environmental Protection Agency only to fund
the following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and
Camuy Hatillo. These funds may be used by the Commonwealth of
Puerto Rico to fund the non-Federal share of the costs of such
projects. To the extent that these ffxmds are used to pay the non-
Federal share, the Commonwealth of Puerto Rico shall repay to the
Environmental Protection Agency such amounts on terms and con-
' ditions_developed and approved by the Administrator in consulta-
tion with the Governor of the Commonwealth of Puerto Rico.
Agreement on such terms and conditions including the payment of
interest to be determined by the Secretary of the Treasury, shall
be reached prior to the use of these funds for the Commonwealth's
non-Federal share. No Federal funds awarded under this provision
shall be used to replace local governments funds previously ex-
pended on these projects.
(33 U.S.C. 11282)
PLANS, SPECOTCATIONS, ESTIMATES, AND PAYMENTS
SEC. 203. (aXl) Each applicant for a grant shall submit to the
Administrator for his approval, plans, specifications, and estimates
for each proposed project for fehe construction of treatment works
for which a grant is applied for under section 201feXl) from fasd®
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47
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 203
Sec. 203
the requirements of this Act. The Administrator shall act upon
such plans, 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.
(2) AGREEMENT ON ELIGIBLE COSTS.—
(A) LIMITATION ON MODIFICATIONS.—Before taking
final action on any plans, specifications, and estimates
submitted under this subsection after the 60th day follow-
ing the date of the enactment of the Water Quality Act of
1987, the Administrator shall enter into a written agree-
ment with the applicant which establishes and specifies
which items of the proposed project are eligible for Federal
payments under this section. The Administrator may not
later modify such eligibility determinations unless they are
found to have been made in violation of applicable Federal
statutes and regulations.
(B) LIMITATION ON EFFECT.—Eligibility determinations
under this paragraph shall not preclude the Administrator
from auditing a project pursuant to section 501 of this Act,
or other authority, or from withholding or recovering Fed-
eral funds for costs which are found to be unreasonable,
unsupported by adequate documentation, or otherwise un-
allowable under applicable Federal costs principles, or
which are incurred on aproject which fails to meet the de-
sign specifications or effluent limitations contained in the
grant agreement and permit pursuant to section 402 of
this Act for such project.
(3) In the case of a treatment works that has an estimated
total cost of $8,000,000 of less (as determined by the Adminis-
trator), and the population of the applicant municipality is twenty-
five thousand or less (according to the most recent United States
census), upon completion of an approved facility plan, a single
grant may be awarded for the combined Federal share of the cost
of preparing construction plans and specifications, and the building
and erection of the treatment works.
(b) The Administrator shall, from time to time as the work pro-
gresses, make payments to the recipient of a grant for costs of con-
struction 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 vi-
cinity of such construction in conformity to plans ana 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 unpaid balance of the Federal share payable on account
of such project.
(d) Nothing in this Act shall be construed to require, or to au-
thorize the Administrator to require, that grants under this Act for
construction of treatment works be made only for projects which
are operable unite usable for sewage collection, transportation,
FEDERAL WATER POLLUTION CONTROL ACT
48
storage, waste treatment, or for similar purposes without addi-
tional construction.
(e) At the request of a grantee under this title, the Adminis-
trator is authorized to provide technical and legal assistance in the
administration and enforcement of any contract in connection with
treatment works assisted under this title, and to intervene any
civil action involving the enforcement of such a contract.
(0 DESIGN/BUILD PROJECTS.—
, (1) AGREEMENT.—Consistent with State law, an applicant
who proposes to construct waste water treatment works may
enter into an agreement with the Administrator under this
subsection providing for the preparation of construction plans
and specifications and the erection of such treatment works, in
lieu of proceeding under the other provisions of this section.
(2) LIMITATION ON PROJECTS.—Agreements under this sub-
section shall be limited to projects under an approved facility
plan which projects are—
(A) treatment works that have an estimated total cost
of $8,000,000 or less; and
(B) any of the following types of waste water treat-
ment systems: aerated lagoons, trickling filters, stabiliza-
tion ponds, land application systems, sand filters, and sub-
surface disposal systems.
(3) REQUIRED TERMS.—An agreement entered into under
this subsection shall—
(A) set forth an amount agreed to as the maximum
Federal contribution to the project, based upon a competi-
tively bid document of basic design data and applicable
standard construction specifications and a determination
of the federally eligible costs of the project at the applica-
ble Federal share under section 202 of this Act;
(B) set forth dates for the start and completion of con-
struction of the treatment works by the applicant and a
schedule of payments of the Federal contribution to the
project;
(C) contain assurances by the applicant that (i) engi-
neering and management assistance will be provided to
manage the project; (ii) the proposed treatment works will
be an operable unit and will meet all the requirements of
this title; and (iii) not later than 1 year after the date spec-
ified as tiie date of completion of construction of the treat-
ment works, the treatment works will be operating so as
to meet the requirements of any applicable permit for such
treatment works under section 402 of this Act;
(D) require the applicant to obtain a bond from the
contractor in an amount determined necessary by the Ad-
ministrator to protect the Federal interest in the project;
and
(E) contain such other terms and conditions as are
necessary to assure compliance with this title (except as
provided in paragraph (4) of this subsection).
(4) LIMITATION ON APPLICATION.—Subsections (a), (b), and
(c) of this section shall not apply to grants made pursuant to
this subsection.
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49
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 204
Sec. 204
FEDERAL WATER POLLUTION CONTROL ACT
50
(5) RESERVATION TO ASSURE COMPLIANCE.—The Adminis-
trator shall reserve a portion of the grant to assure contract
compliance until final project approval as defined by the Ad-
ministrator. If the amount agreed to under paragraph (3XA)
exceeds the cost of designing and constructing the treatment
works, the Administrator shall reallot the amount of the excess
to the State in which such treatment works are located for the
fiscal year in which such audit is completed.
(6) LIMITATION ON OBLIGATIONS.—The Administrator shall
not obligate more than 20 percent of the amount allotted to a
State for a fiscal year under section 205 of this Act for grants
pursuant to this subsection.
(7) ALLOWANCE.—The Administrator shall determine an al-
lowance for facilities planning for projects constructed under
this subsection in accordance with section 201(1).
(8) LIMITATION ON FEDERAL CONTRIBUTIONS.—In no event
shall the Federal contribution for the cost of preparing con-
struction plans and specifications and the building and erec-
tion of treatment works pursuant to this subsection exceed the
amount agreed upon under paragraph (3).
(9) RECOVERY ACTION.—In any case in which the recipient
of a grant made pursuant to this subsection does not comply
with the terms of the agreement entered into under paragraph
(3), the Administrator is authorized to take such action as may
be necessary to recover the amount of the Federal contribution
to the project.
(10) PREVENTION OF DOUBLE BENEFITS.—A recipient of a
grant made pursuant to this subsection shall not be eligible for
any other grants under this title for the same project.
(33 U.S.C. 1283)
LIMITATIONS AND CONDITIONS
SEC. 204. (a) Before approving grants for any project for any
treatment works under section 201(gXD the Administrator shall
determine—
(1) that any required areawide waste treatment manage-
ment plan under section 208 of this Act (A) is being imple-
mented for such area and the proposed treatment works are in-
cluded in such plan, or (B) is being developed for such area and
reasonable progress is being made toward its implementation
and the proposed treatment works will be included in such
plan;
(2) that (A) the State in which the project is to be located
(i) is implementing any required plan under section 303(e) of
this Act and the proposed treatment works are in conformity
with such plan, or (u) is developing such a plan and the pro-
posed treatment works will be m conformity with such plan,
and (B) such State is in compliance with section 305(b) of this
Act;
(3) that such works have been certified by the appropriate
State water pollution control agency as entitled to priority over
h other works in the State in accordance with any applica-
plan under section 303(e) of this Act, except that any
priority list developed pursuant to section 303(e)(3KH) may be
modified by such State in accordance with regulations promul-
Sted by the Administrator to give higher priority for grants
• the Federal share of the cost of preparing construction
drawings and specifications for any treatment works utilizing
processes and techniques meeting the guidelines promulgated
under section 304(dX3) of this Act for grants for the combined
Federal share of the cost of preparing construction drawings
and specifications and the building and erection of any treat-
ment works meeting the requirements of the next to the last
sentence of section 203(a) of this Act which utilizes processes
and techniques meeting the guidelines promulgated under sec-
tion 304(dX3) of this AcU
(4) that the applicant proposing to construct such works
agrees to pay the non-Federal costs of such works and has
made adequate provisions satisfactory to the Administrator for
assuring proper and efficient operation, including the employ-
ment of trained management and- operations personnel, and
the maintenance of such works in accordance with a plan of op-
eration approved by the state water pollution control agency
or, as appropriate, the interstate agency, after construction
thereof;
(5) that the size and capacity of such works relate directly
to the needs to be served by such works, including sufficient
reserve capacity. The amount of reserve capacity provided shall
be approved by the Administrator on the basis of a comparison
of the cost of constructing such reserves as a part of the works
to be funded and the anticipated cost of providing expanded ca-
pacity at a date when such capacity will be required, after tak-
ing into account, in accordance with regulations promulgated
by the Administrator, efforts to reduce total flow 01 sewage and
unnecessary water consumption. The amount of reserve capac-
ity eligible for a grant under this title shall be determined by
the Administrator taking into account the projected population
and associated commercial and industrial establishments with-
in the jurisdiction of the applicant to be served by such treat-
ment works as identified in an approved facilities plan, an
areawide plan under section 208, or an applicable municipal
master plan of development. For the purpose of this paragraph,
section 208, and any such plan, projected population shall be
determined on the basis of the latest information available
from the United States Department of Commerce or from the
States as the Administrator, by regulation, determines appro-
priate. Beginning October 1, 1984, no grants shall be made
under this title to construct that portion of any treatment
works providing reserve capacity in excess of existing needs
(including existing needs of residential, commercial, industrial,
and other users) on the date of approval of a grant for the erec-
tion, building, acquisition, alteration, remodeling, improve-
ment, or extension of a project for secondary treatment or more
stringent treatment or new interceptors and appurtenances,
except that in no event shall reserve capacity of a facility jyid
'So In law. Th» period thould to • Mmfcobm.
-------
its related interceptors to which this subsection applies be in
excess of existing needs on October 1, 1990. In any case in
which an applicant proposes to provide reserve capacity great-
er than that eligible for Federal financial assistance under this
title, the incremental costs of the additional reserve capacity
shall be paid by the applicant;
(6) that no specification for bids in connection with such
works shall be written in such a manner as to contain propri-
etary, exclusionary, or discriminatory requirements other than
those based upon performance, unless such requirements are
necessary to test or demonstrate a specific thing or to provide
for necessary interchangeability of parts and equipment. When
in the judgment of the grantee, it is impractical or uneco-
nomical to make a clear and accurate description of the tech-
nical requirements, a "brand name or equal description may
be used as a means to define the performance or other salient
requirements of a procurement, and in doing so the grantee
need not establish the existence of any source other than the
brand or source so named.
(bXD Notwithstanding any other provision of this title, the Ad-
ministrator shall not approve any grant for any treatment works
under section 201(gXD after March 1, 1973, unless he shall first
have determined that the applicant (A) has adopted or will adopt
a system of charges to assure that each recipient of waste treat-
ment services within the applicant's jurisdiction, as determined by
the Administrator, will pay its proportionate share (except as oth-
erwise provided in this paragraph) of the costs of operation and
maintenance (including replacement) of any waste treatment serv-
ices provided by the applicant; and (B) has legal, institutional,
managerial, and financial capability to insure adequate construc-
tion, operation, and maintenance of treatment works throughout
the applicant's jurisdiction, as determined by the Administrator. In
any case where an applicant which, as of the date of enactment of
this sentence, uses a system of dedication ad valorem taxes and the
Administrator determines that the applicant has a system of
charges which results in the distribution of operation and mainte-
nance costs for treatment works within the applicant's jurisdiction,
to each user class, in proportion to the contribution to the total cost
of operation and maintenance of such works by each user class
(taking into account total wast® water loading of such works, the
constituent elements of the waste, and other appropriate factors),
and such applicant is otherwise fa compliance with clause (A) of
this paragraph with respect to each industrial user, then such dedi-
cation ad valorem tax system shall be deemed to be the user charge
system meeting the requirements of clause (A) of this paragraph
for the residential user class and such small non-residential user
classes as defined by the Administrator. In defining small non-resi-
dential users, the Admimstrator shall consider the volume of
wastes discharged into the treatment works by such users and the
constituent elements of such wastes m well as such other factors
ao he deems appropriate. A system of user charges which imposes
a lower charge for How-ineoan® residential users (as defined by the
SBC. 204
FEDERAL TOIEB POULOTION CONTROL ACT
52
the requiremssBto of clams (A) of 4Ms
trator determines that such system was adopted after public notice
and hearing.
(2) 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 ap-
propriate State, interstate, municipal and intennunicipal agencies,
issue guidelines applicable to payment of waste treatment costs by
industrial and nonindustrial receipts of waste treatment services
which shall establish (A) classes of users of such services, including
categories of industrial users; (B) criteria against which to deter-
mine the adequacy of charges imposed on classes and categories of
users reflecting all factors that influence the cost of waste treat-
ment, including strength, volume, and delivery flow rate character-
istics of waste; and (C) model systems and rates of user charges
typical of various treatment works serving municipal-industrial
communities.
(3) Approval by the Administrator of a grant to an interstate
agency established by interstate compact for any treatment works
shall satisfy any other requirement that such works be authorized
by Act of Congress.
(4) A system of charges which meets the requirement of clause
(A) of paragraph (1) of this subsection may be based on something
other than metering the sewage or water supply flow of residential
recipients of waste treatment services, including ad valorem taxes.
If the system of charges is based on something other than metering
the Administrator shall require (A) the applicant to establish a sys-
tem by which the necessary funds will be available for the proper
operation and maintenance of the treatment works; and (B) the ap-
plicant to establish a procedure under which the residential user
will be notified as to that portion of his total payment which will
be allocated to the costs of the waste treatment services.
(c) The next to the last sentence of paragraph (5) of subsection
(a) of this section shall not apply in any case where a primary, sec-
ondary, or advanced waste treatment facility or its related inter-
ceptors has received a grant for erection, building, acquisition, al-
teration, remodeling, improvement, or extension before October 1,
1984, and all segments and phases of such facility and interceptors
shall be funded based on a 20-year reserve capacity in the case of
such facility and a 20-year reserve capacity in the case of such
interceptors, except that, if a grant for such interceptors has been
approved prior to the date of enactment of the Municipal
Wastewater Treatment Construction Grant Amendments of 1981,
such interceptors shall be funded based on the approved reserve ca-
pacity not to exceed 40 years.
(dXW A grant for the construction of treatment works under
this title shall provide that .the engineer or engineering firm super-
vising construction or providing architect engineering services dur-
ing construction shall continue its relationship to the grant appli-
cant for a period of one year after the completion of construction
sod initial operation of such treatment works. During such period
such ®ragiijees° or engineering firm shall supervise operation of the
treatment works, train operating personnel, and prepare curricula
material for operating personnel Costs associated
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53
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 205
Sec. 205
FEDERAL WATER POLLUTION CONTROL ACT
54
with the implementation of this paragraph shall be eligible for Fed-
eral assistance in accordance with this title.
(2) On the date one year after the completion of construction
and initial operation of such treatment works, the owner and oper-
ator of such treatment works shall certify to the Administrator
whether or not such treatment works meet the design specifica-
tions and effluent limitations contained in the grant agreement and
permit pursuant to section 402 of the Act for such works. If the
owner and operator of such treatment works cannot certify that
such treatment works meet such design specifications and effluent
limitations, any failure to meet such design specifications and efflu-
ent limitations shall be corrected in a timely manner, to allow such
affirmative certification, at other than Federal expense.
(3) Nothing in this section shall be construed to prohibit a
grantee under this title from requiring more assurances, guaran-
tees, or indemnity or other contractual requirements from any
party to a contract pertaining to a project assisted under this title,
than those provided under this subsection.
(33 U.S.C. 1284)
ALLOTMENT
SEC. 205. (a) Sums authorized to be appropriated pursuant to
section 207 for each fiscal year beginning after June 30, 1972, be-
fore September 30, 1977, shall be allotted by the Administrator not
later than the January 1st immediately preceding the beginning of
the fiscal year for which authorized, 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 Pollution Control Act Amend-
ments 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 constructing all needed
publicly owned treatment works in each State bears to the esti-
mated cost of construction of all needed publicly owned treatment
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 table III of House Public Works Committee Print No. 92-
50. For the fiscal year ending June 30, 1975, such ratio shall be
determined one-half on the basis of table I of House Public Works
Committee Print Numbered 93-28 and one-half on the basis of
table II of such print, except that no State shall receive an allot-
ment less than that which it received for the fiscal year ending
June 30, 1972, as set forth in table III of such print. Allotments
for fiscal years which begin after the fiscal year ending June 30,
1975 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 approved 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 immediately 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.
(2) Any sums which have been obligated under section 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 avail-
able for obligation in the same manner and to the same extent as
such last allotment.
(c)(l) Sums authorized to be appropriated pursuant to section
207 for the fiscal years during the period beginning October 1,
1977, and ending September 30, 1981, shall be allotted for each
such year by the Administrator not later than the tenth day which
begins after the date of enactment of the Clean Water Act of 1977.
Not-withstanding any other provision of law, sums authorized for
the fiscal years ending September 30, 1978, September 30, 1979,
September 30, 1980, and September 30, 1981, shall be allotted in
accordance with table 3 of Committee Print Numbered 95-30 of the
Committee on Public Works and Transportation of the House of
Representatives.
(2) Sums authorized to be appropriated pursuant to section 207
for the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for
each such year by the Administrator not later than the tenth day
which begins after the date of enactment of the Municipal
Wastewater Treatment Construction Grant Amendments of 1981.
Notwithstanding any other provision of law, sums authorized for
the fiscal year ending September 30, 1982, shall be allotted in ac-
cordance with table 3 of Committee Print Numbered 95-30 of the
Committee on Public Works and Transportation of the House of
Representatives. Sums authorized for the fiscal years ending Sep-
tember 30, 1983, September 30, 1984, September 30, 1985, and
September 30, 1986, shall be allotted in accordance with the
following table:
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55
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 205
Fimtytan 1983
through I98S'
States:
Alabama 011398
Alaska 006101
Arizona 006885
Arkansas 006668
California 072901
Colorado 008154
Connecticut 012487
Delaware 004965
District of Columbia 004965
Florida ,. 034407
Georgia 017234
Hawaii 007895
Idaho 004965
Illinois 046101
Indiana 024566
Iowa 013796
Kansas 009201
Kentucky 012973
Louisiana 011205
Maine 007788
Maryland 024653
Massachusetts 034608
Michigan 043829
Minnesota 018735
Mississippi 009184
Missouri.. 028257
Montana 004965
Nebraska 005214
Nevada 004965
New Hampshire 010186
New Jersey 041654
New Mexico 004965
New York "3097
North Carolina 018396
North Dakota 004965
Ohio 057383
Oklahoma 008235
Oregon 011515
Pennsylvania 040377
Rhode Island 006750
South Carolina 010442
South Dakota 004965
Tennessee 014807
Texas 038726
Utah 005371
Vermont 004965
Virginia 020861
Washington 017726
West Virginia 015890
Wisconsin 027557
Wyoming 004965
Samoa 000915
GuanT ..I.! ! 000662
Northern Marianas 000425
Puerto Rico .013295
Pacific Trust Territories 001305
Virgin Islands .000531
United States totals 999996
< So In ordinal. Probably ihould be "1986'.
(3) FISCAL YEARS 1987-1990.—Sums authorized to be appro-
priated pursuant to section 207 for the fiscal years 1987. 1988,
1989, and 1990 shall be allotted for each such year by the Ad-
ministrator not later than the 10th day which begins after the
Sec. 205
FEDERAL WATER POLLUTION CONTROL ACT
56
date of the enactment of this paragraph. Sums authorized for
such fiscal years shall be allotted in accordance with the
following table:
States:
Alabama 011309
Alaska 006053
Arizona 006831
Arkansas 006616
California 072333
Colorado 008090
Connecticut 012390
Delaware 004965
District of Columbia 004965
Florida 034139
Georgia 017100
Hawaii 007833
Idaho 004965
Illinois 045741
Indiana 024374
Iowa 013688
Kansas 009129
Kentucky 012872
Louisiana 011118
Maine 007829
Maryland 024461
Massachusetts 034338
Michigan 043487
Minnesota 018589
Mississippi 009112
Missouri 028037
Montana 004965
Nebraska 005173
Nevada 004965
New Hampshire 010107
New Jersey 041329
New Mexico 004965
New York 111632
North Carolina 018253
North Dakota 004965
Ohio 056936
Oklahoma 008171
Oregon 011425
Pennsylvania 040062
Rhode Island 006791
South Carolina 010361
South Dakota 004965
Tennessee 014692
Texas 046226
Utah 005329
Vermont 004965
Virginia 020698
Washington ; 017588
West Virginia 015766
Wisconsin ... .027342
Wyoming 004965
American Samoa 000908
Guam 000657
Northern Marianas 000422
Puerto Rico 013191
Pacific Trust Territories 001295
Virgin Islands 000527
(d) Sums allotted to the States for a fiscal year shall remain
available for obligation for .the fiscal year for which authorized and
for the period of the next succeeding twelve months. The amount
of any allotment not obligated by the end of such twenty-four-
-------
month period shall be immediately reallotted by the Administrator
on the basis of the qame ratio as applicable to sums allotted for the
then current fiscal year, except that none of the funds reallotted by
the Administrator for fiscal year 1978 and for fiscal years there-
after shall be allotted to any State which failed to obligate any of
the funds being reallotted. 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.
(e) For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983,
1984, 1985, 1986, 1987, 1988, 1989, and 1990, no State shall re-
ceive less than one-half of 1 per centum of the total allotment
under subsection (c) of this section, except that in the case of
Guam, Virgin Islands, American Samoa, and the Trust Territories
not more than thirty-three one-hundredths of 1 per centum in the
aggregate shall be allotted to all four for these jurisdictions. For
the purpose of carrying out this subsection there are authorized to
be appropriated, subject to such amounts as are provided in appro-
priation Acts, not to exceed $75,000,000 for each fiscal years 1978,
1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989,
and 1990. If for any faecal year the amount appropriated under au-
thority of this subsection is less than the amount necessary to
carry out this subsection, the amount each State receives under
this subsection for such year shall be the same ratio for the amount
such State would have received under this subsection in such year
if the amount necessary to carry it out had been appropriated as
the amount appropriated for such year bears to the amount nec-
essary to carry out this subsection for such year.
(f) Notwithstanding any other provision of this section, sums
made available between January 1, 1975, and March' 1, 1975, by
the Administrator for obligation shall be available for obligation
until September 30, 1978.
(gXl) The Administrator is authorized to reserve each fiscal
year not to exceed 2 per centum of the amount authorized under
section 207 of this title for purposes of the allotment made to each
State under this section on or after October 1, 1977, except in the
case of any fiscal year beginning on or after October 1, 1981, and
ending before October 1, 1994, in which case the percentage au-
thorized to be reserved shall not exceed 4 per centum.1 or $400,000
whichever amount is the greater. Sums so reserved shall be avail-
able for making grants to such State under paragraph (2) of this
subsection for the same period as sums are available from such al-
lotment under subsection (d) of this section, and any such grant
shall be available for obligation only during such period. Any grant
made from sums reserved under this subsection which has not been
obligated by the end of the period for which available shall be
added to the amount last allotted to such State under this section
and shall be immediately available for obligation in the same man-
ner and to the same extent as such last allotment. Sums author-
ised to be reserved by this paragraph AM be in addition to and
1 P.L 97-117 CS&&2& thio plurcco with o ported afc t&o and; probably ohauld bo o comma
not in lieu of any other funds which may be authorized to carry out
this subsection.
(2) The Administrator is authorized to grant to any State from
amounts reserved to such State under this subsection, the reason-
able costs of administering any aspects of sections 201, 203, 204,
and 212 of this Act the responsibility for administration of which
the Administrator has delegated to such State. The Administrator
may increase such grant to take into account the reasonable costs
of administering an approved program under section 402 or 404,
administering a statewide waste treatment management planning
program under section 208(b)(4), and managing waste treatment
construction grants for small communities.
(h) The Administrator shall set aside from funds authorized for
each fiscal year beginning on or after October 1, 1978, a total (as
determined by the Governor of the State) of not less than 4 percent
nor more than 7Yz percent of the sums allotted to any State with
a rural population of 25 per centum or more of the total population
of such State, as determined by the Bureau of the Census. The Ad-
ministrator may set aside no more than IVa percent of the sums
allotted to any other State for which the Governor requests ouch
action. Such sums shall be available only for alternatives to con-
ventional sewage treatment works for municipalities having a pop-
ulation of three thousand five hundred or less, or for the highly dis-
persed sections of larger municipalities, aa defined by the Adminis-
trator.
(i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE PROJECTS.—
Not less than Va of 1 percent of funds allotted to a State for each
of the fiscal years ending September 30, 1979, through September
.30, 1990, under subsection (c) of this section shall be expended only
for increasing the Federal share of grants for construction of treat-
ment works utilizing innovative processes and techniques pursuant
to section 202(aX2) of this Act. Including the expenditures author-
ized by the preceding sentence, a total of 2 percent of the funds al-
lotted to a State for each of the fiscal years ending September 30.
1979, and September 30. 1980, and 3 percent of the funds allotted
to a State for the fiscal year ending September 30, 1981, under
subsection (c) of this section shall be expended only for increasing
grants for construction of treatment works pursuant to section
202(aX2) of this Act. Including the expenditures authorized by the
first sentence of this subsection, a total (as determined by the Gov-
ernor o£ the State) of not less than 4 percent nor more than 7Va
percent of the funds allotted to such State under subsection (c) of
this section for each of the fiscal years ending September 30, 1982,
through September 30, 1990, shall be expended only for increasing
the Federal share of grants for construction of treatment works
pursuant to section 202(a)(2) of this Act.
OKI) The Administrator shall reserve each fiscal year not to
exceed 1 per centum of the sums allotted and available for obliga-
tion to each State under this section for each fiscal year beginning
on or after October 1, 1981, or $100,000, whichever amount is the
(2) Such sums shall Ib® used by the Administrator to
grants to the States to carry out waiter quality -management
_j n D..JIJ n—A. _-A n-—'X_ji*- ^
-------
Soe.
CONTROL flCT
(A) identifying most cost effective and locally acceptable fa-
cility and non-pomt measures to meet and maintain water
quality standards;
(B) developing an implementation plan to obtain State and
local financial and regulatory commitments to implement
Measures developed under subparagraph (A);
(C) determining -the nature, extent, and causes of water
quality problems in various areas of the State and interstate
region, and reporting on these annually; and
(D) determining those publicly owned treatment works
which should be constructed with assistance under this title, in
which areas and in what sequence, taking into account the rel-
ative degree of effluent reduction attained, the relative con-
tributions to water quality of other point or nonpoint sources.
and the consideration of alternatives to such construction, and
implementing section 303(e) of this Act.
(3) In carrying out planning with grants made under para-
graph (2) of this subsection, a State shall develop jointly with local,
regional, and interstate entities, a plan for carrying out the pro-
gram and give funding priority to such entities and designated or
undesignated public comprehensive planning organizations to carry
out the purposes of this subsection. In giving such priority, the
State shall allocate at least 40 percent of the amount granted to
such State for a fiscal year under paragraph (2) of this subsection
to regional public comprehensive planning organizations in such
State and appropriate interstate organisations Tor the development
and implementation of the plan described in this paragraph. In any
fiscal year for which the Governor, in consultation with such orga-
nizations and with the approval of the Administrator, determines
that allocation of at least 40 percent of such amount to such orga-
nizations will not result in significant participation by such organi-
zations in water quality management planning and not signifi-
cantly assist in development and implementation of the plan de-
scribed in this paragraph and achieving the goals of this Act, the
allocation to such organization may b® less than 40 percent of such
amount.
(4) All activities undertaken under this subsection shall be in
coordination with other related provisions of this Act.
(5) NONPOINT SQTOCE RESERVATION.—In Addition to the
sums reserved under paragraph (I), the Administrator shall re-
serve each iscal year for each State 1 percent of the sums al-
lotted and available for obligation to such State under this sec-
tion for each fiscal year beginning on or aJter October 1, 1986,
or $100,000, whichever is greater, for the purpose of carrying
out section 319 of this Act. Sums so reserved in a State in any
fiscal year fro? which sueh State does not request the use of
such sums, to the extent such sums exceed $100,000, may be
used by such State for other purposes under this title.
(k) The Administrator shall allot to the State of New York from
sums authorized to be appropriated for the fiscal year ending Sep-
tember 30,1982, an amount necessary to pay the entire cost of con-
veying sewage from th® Convention Center of the City of New York
to the Newtown sswag® treatment plant, Brooklyn-Queens area,
addition to and not in lieu of any other amounts authorized to be
allotted to such State under this Act.
(1) MARINE ESTUARY RESERVATION.—
(1) RESERVATION OF FUNDS.—
(A) GENERAL RULE.—Prior to making allotments
among the States under subsection (c) of this section, the
Administrator shall reserve funds from sums appropriated
pursuant to section 207 for each fiscal year beginning after
September 30, 1986.
(B) FISCAL YEARS 1987 AND 1988.—For each of fiscal
years 1987 and 1988 the reservation shall be 1 percent of
the sums appropriated pursuant to section 207 for such fis-
cal year.
(C) FISCAL YEARS 1989 AND 1990.—For each of fiscal
years 1989 and 1990 the reservation shall be IVz percent
of the funds appropriated pursuant to section 207 for such
fiscal year.
(2) USE OF FUNDS.—Of the sums reserved under this sub-
section, two-thirds shall be available to address water quality
problems of marine bays and estuaries subject to lower levels
of water quality due to the impacts of discharges from com-
bined storm water and sanitary sewer overflows from adjacent
urban complexes, and one-third shall be available for the im-
plementation of section 320 of this Act, relating to the national
estuary program.
(3) PERIOD OF AVAILABILITY.—Sums reserved under this
subsection shall be subject to the period of availability for obli-
gation established by subsection (d) of this section.
(4) TREATMENT OF CERTAIN BODY OF WATER.—For purposes
of this section and section 201(n), Newark Bay, New Jersey,
and the portion of the Passaic River up to Little Falls, in the
vicinity of Beatties Dam, shall be treated as a marine bay and
estuary.
(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTION
CONTROL REVOLVING FUNDS.—
(1) FROM CONSTRUCTION GRANT ALLOTMENTS.—In addition
to any amounts deposited in a water pollution control revolving
fund established by a State under title VI, upon request of the
Governor of such State, the Administrator shall make available
to the State for deposit, as capitalization grants, in such fund
in any fiscal year beginning after September 30, 1986, such
portion of the amounts allotted to such State under this section
for such fiscal year as the Governor considers appropriate; ex-
cept that (A) in fiscal year 1987 such deposit may not exceed
60 percent of the amounts allotted to such State under this
section for such fiscal year, and (B) in fiscal year 1988, such
deposit may not exceed 75 percent of the amounts allotted to
such State under this section for this1 fiscal year.
(2) NOTICE REQUIREMENT.—The Governor of a State may
make a request under paragraph (1) for a deposit into the
water pollution control revolving fund of such State—
'So to original. Pro5>obly ahould bo "ouch".
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Ssc. 205
FEDHUU. OTEK PSIUIDOCI E0TO01 ACT
(A) in fiscal year 1987 only if no later titan 90 days
after the date of me enactment of this subsection, and
(B) in each fiscal year fchereaJter only if 90 days before
the first day of such fiscal year,
the State provides notice of its intent to make such deposit
(3) EXCEPTION.—Sums reserved under section 205U) of this
Act shall not b® available for obligation under this subsection.
(33 U.S.C. 1285)
REIMBURSEMENT AND ADVANCED CONSTRUCTION
SEC. 206. (a) Any publicly owned treatment works in a State
on which construction was initiated after June 30, 1966, but before
July I, 1973, which was approved by the appropriate State water
pollution control agency ana which the Administrator finds meets
the requirements 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 difference between the amount of Federal financial assist-
ance, if any, received under such section 8 for such project and 60
per centum of the cost of such project, or 55 per centum of the
project cost where the Administrator also determines that such
treatment works was constructed in conformity with a comprehen-
sive metropolitan treatment plan as described in section 8(0 of the
Federal Water Pollution Control 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 in excess of
80 per centum of the cost of such project.
(b) Any publicly owned treatment works constructed with or el-
igible 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 Adminis-
trator Ends meets the roquimn'ents 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 section 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 reimbursement 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.
(c) No publicly owned treatment works shall receive any pay-
ment or reimbursement under subsection (a) or (b) of this section
unless an application for such assistance is filed with the Adminis-
trator within the one year period which begins on the date of enact-
ment of the Federal Water Pollution Control Act Amendments of
1972. Any application filed within such one year period may be re-
vised from time to time, as may b® necessary.
(d) The Administrator shall allocate to each qualified project
under subsection (a) of 4M® sscfespm each fiscal year for which funds
are appropriated undo? sdbssctiosj (©) of this section an amount
rs the same ratio to fee unpaid balance of the reimburse-
such pragssfc cs <&® tofcal ©f omsfe tad® for @udh
bears to the total unpaid balance of reimbursement due all such
approved projects on the date of enactment of such appropriation.
The Administrator shall allocate to each qualified project under
subsection (b) of this section each fiscal year for which funds are
appropriated under subsection (e) of 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 enactment of such appropriation.
(e) There is authorized to be appropriated to carry out sub-
section (a) of this section not to exceed $2,600,000,000 and, to carry
out subsection (b) of this section, not to exceed $750,000,000. The
authorizations contained in this subsection shall be the sole source
of funds for reimbursements authorized by this section.
(0(1) In any case where a substantial portion of the funds al-
lotted to a State for the current fiscal year under this title have
been obligated under section 201(g), or will be so obligated in a
timely manner (as determined by the Administrator), and there is
construction of any treatment work project without the aid of Fed-
eral funds and in accordance with all procedures and all require-
ments applicable to treatment works projects, except those proce-
dures and requirements which limit construction of projects to
those constructed with the aid of previously allotted Federal funds,
the Administrator, upon his approval of an application made under
this subsection therefore, is authorized to pay the Federal share of
the cost of construction of such project when additional funds are
allotted to the State under this title if prior to the construction of
the project the Administrator approves plans, specifications, and
estimates therefor in the same manner as other treatment works
projects. The Administrator may not approve an application under
this subsection unless an authorization is in effect for the first fis-
cal year in the period for which the application requests payment
and such requested payment for that fiscal year does not exceed
the State's expected allotment from such authorization. The Ad-
ministrator shall not be required to make such requested payment
for any fiscal year—
(A) to the extent that such payment would exceed such
State's allotment of the amount appropriated for such fiscal
year; and
(B) unless such payment is for a project which, on the
basis of an approved funding priority list of such State, is eligi-
ble to receive such payment based on the allotment and appro-
priation for such fiscal year. '
To tfie extent that-tfufflicient funds are not appropriated to pay the
full Federal share with respect to a project for which obligations
under the provisions of this subsection have been made, the Ad-
ministrator shall reduce the Federal share to such amount less
than 75 per centum as such appropriations do provide.
(2) In determining the allotment for any nscai year under this
title, aay treatment works project constructed in accordance with
this section and without the aid of Federal folds shall not be con-
sidered completed until an application under the provisions of this
with nraspssfc to sucDi project feaa bs®m
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63
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 208
Administrator, or the availability of funds from which this project
is eligible for reimbursement has expired, whichever first occurs.
(33 U.S.C. 1286)
AUTHORIZATION
SEC! 207. There is authorized to be appropriated to carry out
this title, other than sections 206(6), 208 and 209, for the fiscal
year ending June 30, 1973, not to exceed $5,000,000,000, for the
fiscal year ending June 30. 1974, not to exceed $6,000,000,000, and
for the fiscal year ending June 30, 1975, not to exceed
$7,000,000,000, and, subject to such amounts as are provided in ap-
propriation Acts for the fiscal year ending September 30, 1977,
$1,000,000,000 for the fiscal year ending September 30, 1978,
$4,500,000,000 and for the fiscal years ending September 30, 1979,
September 30, 1980, not to exceed $5,000,000.000; for the fiscal
year ending September 30, 1981, not to exceed $2,548,837,000; and
for the fiscal years ending September 30, 1982, September 30,
1983, September 30, 1984, and September 30, 1985, not to exceed
$2,400,000,000 per fiscal year; and for each of the fiscal years end-
ing September 30, 1986, September 30, 1987, and September 30,
1988, not to exceed $2,400,000,000; and for each of the fiscal years
ending September 30, 1989, and September 30, 1990, not to exceed
$1,200,000,000.
(33 U.S.C. 1287)
AREAWIDE WASTE TREATMENT MANAGEMENT
SEC. 208. (a) For the purpose of encouraging and facilitating
the development and implementation of areawide waste treatment
managementplans—
(1) 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 pub-
lish guidelines for the identification of those areas which, as a
result of urban-industrial concentrations or other factors, have
substantial 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 identi-
fication 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, includ-
ing elected officials from local governments or their designees.
capable of developing effective areawide waste treatment man-
agement plans for such an area. The Governor may in the
same manner at any later time identify any additional area (or
modify an existing area) for which he determines areawide
waste treatment management to be appropriate, designate the
boundaries of such area, and designate an organization capable
Sec. 208
FEDERAL WATER POLLUTION CONTROL ACT
64
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 lo-
cated in two or more States, the Governors of the respective
States shall consult and cooperate in carrying out the provi-
sions of paragraph (2), 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 des-
ignating, within one hundred and eighty days after publication
of guidelines issued pursuant to paragraph (1) of this sub-
section, of a single representative organization capable of de-
veloping effective areawide waste treatment management
plans for such area.
(4) If a Governor does not act, either by designating or de-
termining 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 representative organization including elected offi-
cials from such local governments, or their designees, capable
of developing an areawide waste treatment management plan
for such area.
(5) Existing regional agencies may be designated under
paragraphs (2), (3), and (4) of this subsection.
(6) The State shall act as a planning agency for all por-
tions 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.
(bXIXA) Not later than one year after the date of designation
of any organization under subsection (a) of this section such organi-
zation shall have in operation a continuing areawide waste treat-
ment management planning process consistent with section 201 of
this Act. Plans prepared in accordance with this process shall con-
tain alternatives for waste treatment management, and be applica-
ble to all wastes generated within the area involved. The initial
plan prepared in accordance with such process shall be certified by
the Governor and submitted to the Administrator not later than
two years after the planning process is in operation.
(B) For any agency designated after 1975 under subsection (a)
of this section ana for all portions of a State for which the State
is required to act as the planning agency in accordance with sub-
section (a)(6), the initial plan prepared in accordance with such
process shall be certified by the Governor and submitted to the Ad-
ministrator not later than three years after the receipt of the initial
grant award authorized under subsection (f) of this section.
(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 purposes; 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, and an identification of open space and
recreation opportunities that can be expected to result from im-
proved water quality, including consideration of potential us®
of lands associated with treatment works and increased access
to water-based recreation;
(B) the establishment of construction priorities for such
treatment works and time schedules for the initiation and com-
pletion of all treatment works;
(C) the establishment of a regulatory program to—
(i) implement the waste treatment management re-
quirements of section 201(c),
(ii) regulate the location, modification, and construc-
tion of any facilities within such area which may result in
any discharge in such area, and
(iii) assure that any industrial or commercial waste
discharged into any treatment works in such area meet ap-
plicable pretreatment requirements;
(0) the identification of those agencies necessary to con-
struct, 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;
(F) a process to (i) identify, if appropriate, agriculturally
and silviculturally related nonpoint sources of pollution, includ-
ing return flows from irrigated agriculture, and their cumu-
lative effects, 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 extent feasible such sources;
(G) a process of (i) identify, if appropriate, mine-related
sources of pollution including new, current, and abandoned
surface and underground mine runoff, and (ii) set forth proce-
dures and methods (including land use requirements) to con-
trol to the extent feasible such sources;
(H) 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 fea-
sible such sources;
(I) a process to (i) identify, if appropriate, salt water intru-
sion into rivers, lakes, and estuaries resulting from reduction
of fresh water flow from aray cause, including irrigation, ob-
struction, groismd water sxtaacMom, said diversion, and (ii) set '
jforfch pnacsduir®® ®mdl mo&s^ki ft© ©siatoji nnaefe.tateBsioBj to (the.-
extent feasible where such procedures and methods are other-
wise a part of the waste treatment management plan;
(J) a process to control the disposition of all residual waste
generated in such area which could affect water quality; and
(K) a process to control the disposal of pollutants on land
or in subsurface excavations within such area to protect
ground and surface water quality.
(3) Areawide waste treatment management plans shall be cer-
tified annually by the Governor or his designee (or Governors or
their designees, where more than one State is involved) as being
consistent with applicable basin plans and such areawide waste
treatment management plans shall be submitted to the Adminis-
trator for his approval.
(4HA) Whenever the Governor of any State determines (and no-
tifies the Administrator) that consistency with a statewide regu-
latory program under section 303 so requires, the requirements of
clauses (F) through (K) of paragraph (2) of this subsection shall be
developed and submitted by the Governor to the Administrator for
approval for application to & class or category of activity through-
out such State.
(B) Any program submitted under subparagraph -(A) of this
paragraph which, in whole or in part, is to control the discharge
or other placement of dredged or fill material into the navigable
waters shall include the following:
(i) A consultation process which includes the State agency
with primary jurisdiction over fish and wildlife resources.
(ii) A process to identify and manage the discharge or
other placement of dredged or fill material which adversely af-
fects navigable waters, which shall complement and be coordi-
nated with a State program under section 404 conducted pur-
suant to this Act.
(iii) A process to assure that any activity conducted pursu-
ant to a best management practice will comply with the guide-
lines established under section 404(bXl), and sections 307 and
403 of this Act.
(iv) A process to assure that any activity conducted pursu-
ant to a best management practice can be terminated or modi-
fied for cause including, but not limited to, the following:
(!) violation ol any condition of the best management
practice;
(II) change in any activity that requires either a tem-
porary or permanent reduction or elimination of the dis-
charge pursuant to the best management practice.
(v) A process to assure continued coordination with Fed-
eral and Federal-State water-related planning and reviewing
processes, including the National Wetlands Inventory.
(C) If the Governor of a State obtains approval from the Ad-
ministrator of a statewide regulatory program which meets the re-
quirements of subparagraph (B) of this paragraph and if such State
is administering a permit program under section 404 of this Act,
no person shall be required to obtain an individual permit pursu-
ant to such section, or to comply with a general permit issued pur-
suant to such section, with irsspscfc to any appropriate activity with-
im Bweh State for wMdh a temfe
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67
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 208
Sec. 208
FEDERAL WATER POLLUTION CONTROL ACT
proved by the Administrator under the program approved by the
Administrator pursuant to this paragraph.
(DX>) Whenever the Administrator determines after public
hearing that a State is not administering a program approved
under this section in accordance with the requirements of this sec-
tion, the Administrator shall so notify the State, and if appropriate
corrective action is not taken within a reasonable time, not to ex-
ceed ninety days, the Administrator shall withdraw approval of
such program. The Administrator shall not withdraw approval of
any such program unless he shall first have notified the State, and
made public, in writing, the reasons for such withdrawal.
(ii) In the case of a State with a program submitted and ap-
proved under this paragraph, the Administrator shall withdraw ap-
proval of such program under this subparagraph only for a sub-
stantial failure of the State to administer its program in accord-
ance with the requirements of this paragraph.
(cXD 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 po-
tential subdivision) 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, un-
less, within 120 days of such designation, he finds that the des-
ignated management 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;
(B) to manage effectively waste treatment works and relat-
ed facilities serving such area in conformance with any plan re-
quired by subsection (b) of this section;
(C) 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;
(D) 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
treatment charges;
(F) to incur short- and long-term indebtedness;
(G) to assure in implementation of an areawide waste
treatment management plan that each participating commu-
nity 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 provi-
sions of an approved plan under this section applicable to such
area; and
(I) to accept for treatment industrial wastes.
(d) After a waste treatment management agency having the
authority required by subsection (c) has been designated under
such subsection for an area and a plan for such area has been ap-
proved under subsection (b) of this section, the Administrator shall
not make any grant for construction of a publicy owned treatment
works under section 201(gXD within such area except to such des-
ignated agency and for works in conformity with such plan.
(e) No permit under section 402 of this Act shall be issued for
any point source which is in conflict with a plan approved pursuant
to subsection (b) of this section.
(fXD The Administrator shall make grants to any agency des-
ignated under subsection (a) of this section for payment of the rea-
sonable costs of developing and operating a continuing areawide
waste treatment management planning process under subsection
(b) of this section.
(2) For the two-year period beginning on the date of the first
grant is made under paragraph (1) of this subsection to an agency,
if such first grant is made before October 1, 1977, the amount of
each such grant to such agency shall be 100 per centum of the costs
of developing and operating a continuing areawide waste treatment
management planning process under subsection (b) of this section,
and thereafter the amount granted to such agency shall not exceed
75 per centum of such costs in each succeeding one-year period. In
the case of any other grant made to an agency under such para-
graph (1) of this subsection, the amount of such grant shall not ex-
ceed 76 per centum of the costs of developing and operating a con-
tinuing areawide waste treatment management planning process in
any year.
(3) Each applicant for a grant under this subsection shall sub-
mit 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 submitted, and his approval of that proposal shall be deemed
a contractual obligation of the United States for the payment of its
contribution to such proposal, subject to such amounts as are pro-
vided in appropriation Acts. There is authorized to be appropriated
to carry put this subsection not to exceed $50,000,000 for the fiscal
year ending June 30, 1973, not to exceed $100,000,000 for the fiscal
year ending June 30, 1974, not to exceed $150,000,000 per fiscal
year for the fiscal years ending June 30, 1975, September 30, 1977,
September 30, 1978, September 30, 1979, and September 30, 1980,
not to exceed $100,000,000 per fiscal year for the fiscal years end-
ing September 30, 1981, and September 30, 1982, and such sums
as may be necessary for fiscal years 1983 through 1990.
(g) The Administrator is authorized, upon request of the Gov-
ernor or the designated planning agency, and without reimburse-
ment, to consult with, and provide technical assistance to, any
agency designated under subsection (a) of this section in the devel-
opment of areawide waste treatment management plans under sub-
section (b) of this section.
(hXD 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
organization, to consult with, and provide technical assistance to,
any agency designed1 under subsection (a) of this section in devel-
"80 In original. Probably should b* Mwigiutad*.
-------
opiag and operating si continuing areawide waste treatment man-
agementplanning process under subsection (b) of this section.
(2) Their® is authorized to be appropriated to the Secretary of
the Army, to carry oat this subsection, not to exceed $50,000,000
per fiscal year for the fiscal years ending June 30, 1973, and June
30, 1974.
(i)(l) The Secretary of the Interior, acting through the Director
of the United States Pish and Wildlife Service, shall, upon request
of the Governor of a State, and without reimbursement, provide
technical assistance to such State in developing a statewide pro-
gram for submission to the Administrator under subsection
(b)(4KB) of this section and in implementing such program after its
approval.
(2) There is authorized to be appropriated to the Secretary of
the Interior $6,000,000 to complete the National Wetlands Inven-
tory of the United States, by December 31, 1981, and to provide in-
formation from such Inventory to States as it becomes available to
assist such States in the development and operation of programs
under this Act.
(jXD The Secretary of Agriculture, with the concuBrerace of the
Administrator, and acting through the Soil Conservation Service
and such other, agencies of the Department of Agriculture as the
Secretary may designate, is authorized and directed to establish
and administer a program to enter into contracts, subject to such
amounts as are provided in advance by appropriation acts, of not
less than five years nor more than ten years with owners and oper-
ators having control of rural land for the purpose of installing and
maintaining measures incorporating best management practices to
control nonpoint source pollution for improved water quality in
those States or areas for which the Administrator has approved a
plan under subsection (b) of this section where the practices to
which the contracts apply are certified by the management agency
designated under subsection (cXi) of this section to be consistent
with such plans and will result in improved water quality. Such
contracts may be entered into during the period ending not later
than September 31, 1988. Under such contracts the lane owners or
operator shall agree—
(i) to effectuate a plan approved by a soil conservation dis-
trict, where one exists, under this section for his farm, ranch,
or other land substantially in accordance with the schedule
outlined therein unless any requirement thereof is waived or
modified by the Secretary;
(ii) to forfeit all rights to further payments or grants under
the contract and refund to the United States all payments and
grants received thereunder, with interest, upon his violation of
the contract at any stage during the time he has control of the
land if the Secretary, alter considering the recommendations of
the soil conservation district, where one exists, and the Admin-
istrator, determines that such violation is of such a nature as
to warrant termination of the contract, or to make refunds or
accept such payment adjustments as the Secretary may deem
appropriate if Ke determines that the violation by the owner or
(iii) upon transfer of his right and interest in the farm,
ranch, or other land during the contract period to forfeit all
rights to further-payments or grants under the contract and re-
fund to the United States all payments or grants received
thereunder, with interest, unless the transferee of any such
land agrees with the Secretary to assume all obligations of the
contract;
(iv) not to adopt any practice specified by the Secretary on
the advice of the Administrator in the contract as a practice
which would tend to defeat the purposes of the contract;
(v) to such additional provisions as the Secretary deter-
mines are desirable and includes in the contract to effectuate
the purposes of the program or to facilitate the practical ad-
ministration of the program.
(2) In return for such agreement by the landowner or operator
the Secretary shall agree to provide technical assistance and share
the cost of carrying out those conservation practices and measures
set forth in the contract for which he determines that cost sharing
is appropriate and in the public interest and which are approved
for cost sharing by the agency designated to implement the plan
developed under subsection (b) of this section. The portion of such
cost (including labor) to be shared shall be that part which the Sec-
retary determines is necessary and appropriate to effectuate the in-
stallation of the water quality management practices and measures
under the contract, but not to exceed 50 per centum of the total
cost of the measures set forth in the contract; except the Secretary
may increase the matching cost share where he determines that (1)
the main benefits to be derived from the measures are related to
improving offsite water quality, and (2) the matching share re-
quirement would place a burden on the landowner which would
probably prevent him from participating in the program.
(3) The Secretary may terminate any contract with a land-
owner or operator by mutual agreement with the owner or operator
| if the Secretary determines that such termination would be in the
public interest, and may agree to such modification of contracts
previously entered into as he may determine to be desirable to
carry out the purposes of the program or facilitate the practical ad-
ministration thereof or to accomplish equitable treatment with re-
spect to other conservation, land use, or water quality programs.
(4) In providing assistance under this subsection the Secretary
will give priority to those areas and sources that have the most sig-
nificant effect upon water quality. Additional investigations or
plans may be made, where necessary, to supplement approved
water quality management plans, in order to determine priorities.
(5) The Secretary shall, where .practicable, enter into agree-
ments with soil conservation districts, State soil and water con-
servation agencies, or State water quality agencies to administer
all or part of the program established in this subsection under reg-
ulations developed by the Secretary. Such agreements shall provide
for the submission of such reports as the Secretary deems nec-
essary, and for payment by the Umited States of such portion of the
costs incurred in the admimotoaHaora of the program aa the Sec-
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 210
Sec. 211
FEDERAL WATER POLLUTION CONTROL ACT
72
(6) The contracts under this subsection shall be entered into
only in areas where the management agency designated under sub-
section (cXl) of this section assures an adequate level of participa-
tion by owners and operators having control of rural land in such
areas. Within such areas the local soil conservation district, where
one exists, together with the Secretary of Agriculture, will deter-
mine the priority of assistance among individual land owners and
operators to assure that the most critical water quality problems
are addressed.
(7) The Secretary, in consultation with the Administrator and
subject to section 304(k) of this Act, shall, not later than September
30, 1978, promulgate regulations for carrying out this subsection
and for support and cooperation with other Federal and non-Fed-
eral agencies for implementation of this subsection.
(8) This program shall not be used to authorize or finance
projects that would otherwise be eligible for assistance under the
terms of Public Law 83-566.
(9) There are hereby authorized to be appropriated to the Sec-
retary of Agriculture $200,000,000 for fiscal year 1979,
$400,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981,
$100,000,000 for fiscal year 1982, and such sums as may be nec-
essary for fiscal years 1983 through 1990, to carry out this sub-
section. The program authorized under this subsection shall be in
addition to, and not in substitution of, other programs in such area
authorized by this or any other public law.
(33 U.S.C. 1288)
BASIN PLANNING
SEC. 209. (a) The President, acting through the Water Re-
sources Council, shall, as soon as practicable, prepare a Level B
plan under the Water Resource 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 208 of this Act.
(b) The President, acting through the Water Resources Council,
shall report annually to Congress on progress being made in carry-
ing out this section. The first such report shall be submitted not
later than January 31, 1973.
(c) There is authorized to be appropriated to carry out this sec-
tion not to exceed $200,000,000.
(33 U.S.C. 1289)
ANNUAL SURVEY
SEC. 210. The Administrator shall annually make a survey to
determine the efficiency of the operation and maintenance of treat-
ment works constructed with grants made under this Act, as com-
pared to the efficiency planned at the time the grant was made.
The results of such annual survey shall be included in the report
required under section 516Xa) of this Act.
(33 U.S.C. 1290)
SEWAGE COLLECTION SYSTEMS
SEC. 211. (a) No grant shall be made for a sewage collection
system under this title unless such grant (1) is for replacement or
major rehabilitation of an existing collection system and is nec-
essary to the total integrity and performance of the waste treat-
ment works serving such community, or (2) is for a new collection
system in an existing community with sufficient existing or
planned capacity adequately to treat such collected sewage and is
consistent with section 201 of this Act.
(b) If the Administrator uses population density as a test for
determining the eligibility of a collector sewer for assistance it
shall be only for the purpose of evaluating alternatives and deter-
mining the needs for such system in relation to ground or surface
water quality impact.
(c) No grant shall be made under this title from funds author-
ized for any fiscal year during the period beginning October 1,
1977, and ending September 30, 1990, for treatment works for con-
trol of pollutant discharges from separate storm sewer systems.
(33 U.S.C. 1291)
DEFINITIONS
SEC. 212. As used in this title-
CD The term "construction" means any one or more of the fol-
lowing: preliminary planning to determine the feasibility of treat-
ment works, engineering, architectural, legal, fiscal, or economic in-
vestigations or studies, surveys, designs, plans, working drawings,
specifications, procedures, field testing of innovative or alternative
waste water treatment processes and techniques meeting guide-
lines promulgated under section 304(dX3) of this Act, or other nec-
essary actions, erection, building, acquisition, alteration, remodel-
ing, improvement, or extension of treatment works, or the inspec-
tion or supervision of any of the foregoing items.
(2XA) The term "treatment works" means any devices and sys-
tems used in the storage, treatment, recycling, and reclamation of
municipal sewage or industrial wastes of a liquid nature to imple-
ment section 201 of this act, or necessary to recycle or reuse water
at the most economical cost over the estimated life of the works,
including intercepting sewers, outfall sewers, sewage collection sys-
tems, pumping, power, and other equipment, and their appur-
tenances; extensions, improvements, remodeling, additions, and al-
terations 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 (including land use for
the storage of treated wastewater in land treatment systems prior
to land application) or is used for ultimate disposal of residues re-
sulting from such treatment.
(B) In addition to the definition contained in subparagraph (A)
-of this paragraph, "treatment works" means any other method or
system for preventing, abating, reducing, storing, treating, separat-
ing, or disposing of municipal waste, including storm water runoff.
or industrial waste, including waste in combined storm water ana
sanitary sewer systems. Any application for construction grants
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S9@.
which includes wholly or in part such methods or systems shall, in
accordance with guidelines published by the Administrator pursu-
ant to subparagraph (C) of this paragraph, contain adequate^ date
and analysis demonstrating- such proposal to be, over the life of
such works, the most cost efficient alternative to comply with sec-
tions 301 or 302 of this Act, or the requirements of section 201 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,
including cost-effective analysis, described in subparagraph (B) of
this paragraph.
(3) The term "replacement" as used in this title means those
expenditures for obtaining and installing equipment, accessories, or
appurtenances during the useful life of the treatment works nec-
essary to maintain the capacity and performance for which such
works are designed and constructed.
(33 U.S.C. 1292)
LOAN GUARANTEES FOR CONSTRUCTION OF TREATMENT WORKS
SEC. 213. (a) Subject to the conditions of this section and to
such terms and conditions as the Administrator determines to be
necessary to carry out the purposes of this title, the Administrator
is authorized to guarantee, and to make commitments to guaran-
tee, the principal and interest (including interest accruing between
the date of default and the date of the payment in full of the guar-
antee) of any loan, obligation, or participation therein of any State,
municipality, or intermunicipal or interstate agency issued directly
and exclusively to the Federal Financing Bank to finance that part
of the cost of any grant-eligible project for the construction of pub-
licly owned treatment works not paid for with Federal financial as-
sistance under this title (other than this section), which project the
Administrator has determined to be eligible for such financial as-
sistance under this title, including, but not limited to, projects eligi-
ble for reimbursement under section 206 of this title.
(b) No guarantee, or commitment to make a guarantee, may be
made pursuant to this section—
(1) unless the Administrator certifies that the issuing body
is unable to obtain on reasonable terms sufficient credit to fi-
nance its actual needs without such guarantee; and
(2) unless the Administrator determines that there is a
reasonable assurance or repayment of the loan, obligation, or
participation therein.
A determination of whether financing is available at reasonable
rates shall be mad® by the Secretary of the Treasury with relation-
ship to the current average yield on outstanding marketable obliga-
tions of municipalities of comparable maturity.
(c) The Administrator is authorized to charge reasonable fees
for the investigation of an application for a guarantee and for the
issuance of a commitment to make a guarantee.
(d_) The Administrator, sa determining whether there ia a rea-
may require a commitment wMch
would apply to such repayment. Such commitment may include,
but not be limited to, any funds received by such grantee from the
amounts appropriated under section 206 of this Act.
(33 U.S.C.,1293)
PUBLIC INFORMATION
SEC. 214. The Administrator shall develop and operate within
one year of the date of enactment of this section, a continuing pro-
gram of public information and education on recycling and reuse of
wastewater (including sludge), the use of land treatment, and
methods for the reduction of wastewater volume.
(33 U.S.C. 1294)
REQUIREMENTS FOR AMERICAN MATERIALS
SEC. 215. Notwithstanding any other provision of law, no grant
for which application is made after February 1, 1978, shall be
made under this title for any treatment works unless only such un-
manufactured articles, materials, and supplies as have been mined
or produced in the United States, and only such manufactured arti-
cles, materials, and supplies as have been manufactured in the
United States, substantially all from articles, materials, or supplies
mined, produced, or manufactured, as the case may be, in the Unit-
ed States will bo used in such treatment works. This section shall
not apply in any case where the Administrator determines, based
upon those factors the Administrator deems relevant, including the
available resources of the agency, it to be inconsistent with the
public interest (including multilateral government procurement
agreements) or the cost to be unreasonable, or if articles, materials,
or supplies of the class or kind to be used or the articles, materials,
or supplies from which they are manufactured are not mined, pro-
duced!, or manufactured, as the case may be, in the United States
in sufficient and reasonably available commercial quantities and of
a "
(33 U.S.C. 1296)
DETERMINATION OF PRIORITY
SEC. 216. Notwithstanding any other provision of this Act, the
determination of the priority to be given each category of projects
for construction of publicly owned treatment works within each
State shall be made solely by that State, except that if the Admin-
istrator, after a public hearing, determines that a specific project
will not result in compliance with this ®nforcsab!e requirements of
this Act, such project shall be removed from the State's priority list
and such State shall submit a revised priority list. These categories
shall include, but not be limited to (A) secondary treatment, (B)
more stringent treatment, (C) infiltration-in-flow correction, (D)
major sewer system rehabilitation, (E) new collector sewers and ap-
purtenances, (F) new interceptors and appurtenances, and (G) cor-
rection of combined sewer overflows. Not less than 25 per centum
of funds allocated to a State in any fiscal year under this title for
construction of publicly owned treatment works in such State shall
be obligated for fchos® types of projects referred to in clauses (D),
~(E), (F), and (G) of &Ms ©sctaoa, if such projects suns on such Stats'®
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75
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 218
Sec. 219
FEDERAL WATER POLLUTION CONTROL ACT
76
priority list for that year and are otherwise eligible for funding in
that fiscal year. It is the policy of Congress that projects for
wastewater treatment and management undertaken with Federal
financial assistance under this Act by any State, municipality, or
intennunicipal or interstate agency shall be projects which, in the
estimation of the State, are designed to achieve optimum water
quality management, consistent with the public health and water
quality goals and requirements of the Act.
(33 USC. 1296)
COST-EFFECTIVENESS GUIDELINES
SEC. 217. Any guidelines for cost-effectiveness analysis pub-
lished by the Administrator under this title shall provide for the
identification and selection of cost effective alternatives to comply
with the objective and goals of this Act and sections 201(b), 201(d),
201(gX2XA), and 301(bX2XB) of this Act.
(33 U.S.C. 1297)
COST EFFECTIVENESS
SEC. 218. (a) It is the policy of Congress that a project for
waste treatment and management undertaken with Federal finan-
cial assistance under this Act by any State, municipality, or inter-
municipal or interstate agency shall be considered as an overall
waste treatment system for waste treatment and management, and
shall be that system which constitutes the most economical and
cost-effective combination of devices and systems used in the stor-
age, 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 most eco-
nomical cost over the estimated life of the works, including inter-
cepting sewers, outfall sewers, sewage collection systems, pumping
power, and other equipment, and their appurtenances; extension,
improvements, remodeling, additions, and alterations thereof; ele-
ments essential to provide a reliable recycled supply such as stand-
by treatment units and clear well facilities; and any works, includ-
ing site acquisition of the land that will be an integral part of the
treatment process (including land use for the storage of treated
wastewater in land treatment systems prior to land application) or
which is used for ultimate disposal of residues resulting from such
treatment; water efficiency measures and devices; and any other
method or system for preventing, abating, reducing, storing, treat-
ing, separating, or disposing of municipal waste, including storm
water runoff, or industrial waste, including waste in combined
storm water and sanitary sewer systems; to meet the requirements
of this Act.
(b) In accordance with the policy set forth in subsection (a) of
this section, before the Administrator approves any grant to any
State, municipality, or intennunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling, improve-
ment, or extension of any treatment works the Administrator shall
determine that the facilities plan of which such. treatment works
are a part constitutes the most economical and cost-effective com-
bination of treatment works over the life of the project to meet the
requirements of this Act, including, but not limited to, consider-
ation of construction costs, operation, maintenance, and replace-
ment costs.
(c) In furtherance of the policy set forth in subsection (a) of this
section, the Administrator shall require value engineering review
in connection with any treatment works, prior to approval of any
grant for the erection, building, acquisition, alteration, remodeling,
improvement, or extension of such treatment works, in any case in
which the cost of such erection, building, acquisition, alteration, re-
modeling, improvement, or extension is projected to be in excess of
$10,000,000. For purposes of this subsection, the term "value engi-
neering review" means a specialized cost control technique which
uses a systematic and creative approach to identify and to focus on
unnecessarily high cost in a project in order to arrive at a cost sav-
ing without sacrificing the reliability or efficiency of the project.
(d) This section applies to projects for waste treatment and
management for which no treatment works including a facilities
plan for such project have received Federal financial assistance for
the preparation of construction plans and specifications under this
Act before the date of enactment of this section.
(33 U.S.C. 1298)
STATE CERTIFICATION OF PROJECTS
SEC. 219. Whenever the Governor of a State which has been
delegated sufficient authority to administer the construction grant
program under this title in that State certifies to the Administrator
that a grant application meets applicable requirements of Federal
and State law for assistance under this title, the Administrator
shall approve or disapprove such application within 45 days of the
date of receipt of such application. If the Administrator does not
approve or disapprove such application within 45 days of receipt,
the application shall be deemed approved. If the Administrator dis-
approves such application the Administrator shall state in writing
the reasons for such disapproval. Any grant approved or deemed
approved under this section shall be subject to amounts provided
in appropriation Acts.
(33 U.S.C. 1299)
TITLE III—STANDARDS AND ENFORCEMENT
EFFLUENT LIMITATIONS
SEC. 301. (a) Except as in compliance with this section and sec-
tions 302, 306, 307, 318, 402, and 404 of this Act, the discharge of
any pollutant by any person shall be unlawful.
(b) In order to carry out the objective of this Act there shall
be achieved—
(IXA) not later than July 1, 1977, effluent limitations for
point sources, other than publicly owned treatment works, (i)
which shall require the application of the best practicable con-
trol technology currently available as defined by the Adminis-
trator pursuant to section 304(b) of this Act, or (ii) in the case
of a discharge into a publicly owned treatment works which
meets the requirements of subparagraph (B) of this paragraph,
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71
FEDERAL HATEB
Sec. 301
Sac. 30!
FEDERAL OTEH POUUIIOCJ EOTOOIL ACT
which shall require compliance with any applicable
pretreatment requirements and any requirements under sec-
tion 307 of this Act; and
(B) for publicly owned treatment works in existence on
July 1, 1977, or approved pursuant to section 203 of this Act
prior to June 30, 1974 (for which construction must be com-
pleted within four years of approval), effluent limitations based
upon secondary treatment as defined by the Administrator
pursuant to section 304(d)(3L) of this Act; or,
(C) not later than July I, 1977, any more stringent limita-
tion, including those necessary to meet water quality stand-
ards, treatment standards, or schedule of compliance, estab-
lished pursuant to any State law or regulations, (under author-
ity preserved by section 510) or any other Federal law or regu-
lation, or required to implement any applicable water quality
standard established pursuant to this Act.
(2XA) for pollutants identified in subparagraphs (C), (D),
and (F) of this paragraph, effluent limitations for categories
and classes of point sources, other than publicly owned treat-
ment 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 to-
ward the national goal of eliminating the discharge of all pol-
lutants, as determined in accordance with regulations issued
by the Administrator pursuant to section 304(b){2) of this Act,
which such effluent limitations shall require the elimination of
discharges of all pollutants if the Administrator finds, on the
basis of information available to him (including information de-
veloped pursuant to section 315), that such elimination is tech-
nologically and economically achievable for category or class of
point sources as determined in accordance with regulations is-
sued by the Administrator pursuant to section 304(bX2) of this
Act, or (ii) in the case of the introduction of a pollutant into
a publicly owned treatment works which meets the require-
ments of subparagraph (B) of this paragraph, shall require
compliance with any applicable pretreatment requirements and
any other requirement under section 307 of this Act;
[(B) subparagraph (B) repealed by section 2Mb) of P.L. 97-
117.1
(C) with respect to all toxic pollutants referred to in table
I of Committee Print Numbered 95-30 of the Committee on
Public Works and Transportation of the House of Representa-
tives compliance with effluent limitations in accordance with
subparagraph (A) of this paragraph as expeditiously as prac-
ticable but in no case later than three years after the date such
limitations are promulgated under section 304(b), and in no
case later than March 31, 1989;
(D) for all toxic pollutants listed under paragraph (1) of
subsection (a) of section 307 of this Act which are not referred
to in subparagraph (C) of this paragraph compliance with efflu-
ent limitation in accordance with subparagraph (A) of this
paragraph as expsditiously as practicable, but in no case later
than three years aUte the dato ench limitations are promul-
gated under section 304(b), and in no case later than March
UJL9 JLtrtsts,
(E) as expeditiously as practicable but in no case later
than three years after the date such limitations are protnul-
fated under section 304(b), and in no case later than March
1, 1989, compliance with effluent limitations for categories
and classes of point sources, other than publicly owned treat-
ment works, which in the case of pollutants identified pursuant
to section 304(a)(4) of this Act shall require application of the
best conventional pollutant control technology as determined in
accordance with regulations issued by the Administrator pur-
suant to section 304(b)(4) of this Act; and
(F) for all pollutants (other than those subject to subpara-
graphs (C), (D), or (E) of this paragraph) compliance with efflu-
ent limitations in accordance with subparagraph (A) of this
paragraph as expeditiously as practicable but in no case later
than 3 years after the date such limitations are established,
and in no case later than March 31, 1989.
(3)(A) for effluent limitations under paragraph (IXAXi) of
this subsection promulgated after January 1, 1982, and requir-
ing a level of control substantially greater or based on fun-
damentally different control technology than under permits for
an industrial category issued before such date, compliance as
expeditiously as practicable but in no case later than three
years after the date such limitations are promulgated under
section 304(b), and in no case later than March 31, 1989; and
(B) for any effluent limitation in accordance with para-
graph (IKAXi), (2XAXi), or (2XE) of this subsection established
only on the basis of section 402(aXO in a permit issued after
enactment of the Water Quality Act of 1987, compliance as ex-
peditiously as practicable but in no case later than three years
after the date such limitations are established, and in no case
later than March 31, 1989.
(c) The Administrator may modify the requirements of sub-
section (bX2XA) of this section with respect to any point source for
which a permit application is filed alter July 1, 1977, upon a show-
ing by the owner or operator of such point source satisfactory to the
Administrator that such modified requirements (1) will represent
the maximum use of technology within the economic capability of
the owner or operator; and (2) will result in reasonable further
progress toward the elimination of the discharge of pollutants.
(d) Any effluent limitation required by paragraph (2) of sub-
section (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
section 302 of this Act shall be applied to all point sources of dis-
charge of pollutants in accordance with the provisions of this Act.
(0 Notwithstanding any other provisions of this Act it shall be
unlawful to discharge any radiological, chemical, or biological war-
fare agent, any high-level radioactive waste, or any medical waste,
into the navigable waters.
(g) MODIFICATIONS FOR CERTAIN NONCONVENTIONAL POLLUT-
ANTS.—
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79
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
(1) GENERAL AUTHORITY.—The Administrator, with the
concurrence of the State, may modify the requirements of sub-
section (bX2XA) of this section with respect to the discharge
from any point source of ammonia, chlorine, color, iron, and
total phenols (4AAP) (when determined by the Administrator
to be a pollutant covered by subsection (b)(2)(F)) and any other
pollutant which the Administrator lists under paragraph (4) of
this subsection.
(2) REQUIREMENTS FOR GRANTING MODIFICATIONS.—A
modification under this subsection shall be granted only upon
a showing by the owner or operator of a point source satisfac-
tory to the Administrator that—
(A) such modified requirements will result at a mini-
mum in compliance with the requirements of subsection
(bXIXA) or (C) of this section, whichever is applicable;
(B) such modified requirements will not result in any
additional requirements on any other point or nonpoint
source; and
(C) such modification will not interfere with the at-
tainment or maintenance of that water quality which shall
assure protection of public water supplies, and the protec-
tion and propagation of a balanced population of shellfish,
fish, and wildlife, and allow recreational activities, in and
on the water and such modification will not result in the
discharge of pollutants in quantities which may reasonably
be anticipated to pose an unacceptable risk to human
health or the environment because of bioaccumulation,
persistency in the environment, acute toxicity, chronic tox-
icity (including carcinpgenicity, mutagenicity or
teratogenicity), or synergistic propensities.
(3) LIMITATION ON AUTHORITY TO APPLY FOR SUBSECTION (c)
MODIFICATION.—If an owner or operator of a point source ap-
plies for a modification under this subsection with respect to
the discharge of any pollutant, such owner or operator shall be
eligible to apply for modification under subsection (c) of this
section with respect to such pollutant only during the same
time-period as he is eligible to apply for a modification under
this subsection.
(4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.—
(A) GENERAL AUTHORITY.—Upon petition of any per-
son, the Administrator may add any pollutant to the list
of pollutants for which modification under this section is
authorized (except for pollutants identified pursuant to
section 304(aX4) of this Act, toxic pollutants subject to sec-
tion 307(a) of this Act, and the thermal component of dis-
charges) in accordance with the provisions of this para-
graph.
(B) REQUIREMENTS FOR LISTING.—
"* (i) SUFFICIENT INFORMATION.—The person peti-
- tioning for listing of an additional pollutant under this
subsection shall submit to the Administrator sufficient
information to make the determinations required by
this subparagraph.
Sec. 301
FEDERAL WATER POLLUTION CONTROL ACT
BO
(ii) TOXIC CRITERIA DETERMINATION.—The Admin-
istrator shall determine whether or not the pollutant
meets the criteria for listing as a toxic pollutant under
section 307(a) of this Act.
(iii) LISTING AS TOXIC POLLUTANT.—If the Admin-
istrator determines that the pollutant meets the cri-
teria for listing as a toxic pollutant under section
307(a), the Administrator shall list the pollutant as a
toxic pollutant under section 307(a).
(iv) NONCONVENTIONAL CRITERIA DETERMINA-
TION.—If the Administrator determines- that the pol-
lutant does not meet the criteria for Using as a toxic
pollutant under such section and determines that ade-
quate test methods and sufficient data are available to
make the determinations required by paragraph (2) of
this subsection with respect to the pollutant, the Ad-
ministrator shall add the pollutant to the list of pollut-
ants specified in paragraph (1) of this subsection for
which modifications are authorized under this sub-
section.
(C) REQUIREMENTS FOR FILING OF PETITIONS.—A peti:
tion for lising of a pollutant under this paragraph—
(i) must be filed not later than 270 days after the
date of promulgation of an applicable effluent guide-
line under section 304;
(ii) may be filed before promulgation of such
guideline; and
(iii) may be filed with an application for a modi-
fication under paragraph (1) with respect to the dis-
charge of such pollutant.
(D) DEADLINE FOR APPROVAL OF PETITION.—A decision
to add a pollutant to the list of pollutants for which modi-
fications under this subsection are authorized must be
made within 270 days after the date of promulgation of an
applicable effluent guideline under section 304.
(E) BURDEN OF PROOF.—The burden of proof for mak-
ing the determinations under subparagraph (B) shall be on
the petitioner.
(5) REMOVAL OF POLLUTANTS.—The Administrator may re-
move any pollutant from the list of pollutants for which modi-
fications are authorized under this subsection if the Adminis-
trator determines that adequate test methods and sufficient
data are no longer available for determining whether or not
modifications may be granted with respect to such pollutant
under paragraph (2) of this subsection.
(h) The Administrator, with the concurrence of the State, may
issue a permit under section 402 which modifies the requirements
of subsection (bXD(B) of this section with respect to the discharge
of any pollutant from a publicly owned treatment works into ma-
rine waters, if the applicant demonstrates to the satisfaction of the
Administrator that—
(1) there is an applicable water quality standard specific to
the pollutant for which the modification is requested, which
has been identified under section 304(a)(6) of this Act;
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83
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
(2XA) Where a point source (other than a publicly owned treat-
ment works) will not achieve the requirements of subsections
(bXIXA) and (b)( IXC) of this section and—
(i) if a permit issued prior to July 1, 1977, to such point
source is based upon a discharge into a publicly owned treat-
ment works; or
(ii) if such point source (other than a publicly owned treat-
ment works) had before July 1, 1977, a contract (enforceable
against such point source) to discharge into a publicly owned
treatment works; or
(iii) if either an application made before July 1, 1977, for
a construction grant under this Act for a publicly owned treat-
ment works, or engineering or architectural plans or working
drawings made before July 1, 1977, for a publicly owned treat-
ment works, show that such point source was to discharge into
such publicly owned treatment works,
and such publicly owned treatment works is presently unable to ac-
cept such discharge without construction, and in the case of a dis-
charge to an existing publicly owned treatment works, such treat-
ment works has an extension pursuant to paragraph (1) of this
subsection, the owner or operator of such point source may request
the Administrator (or if appropriate the State) to issue or modify
such a permit pursuant to such section 402 to extend such time for
compliance. Any such request shall be filed with the Administrator
(or if appropriate the State) within 180 days after the date of en-
actment of this subsection or the filing of a request by the appro-
priate publicly owned treatment works under paragraph (1) of this
subsection, whichever is later. If the Administrator (or if appro-
priate the State) finds that the owner or operator of such point
source has acted in good faith, he may grant such request and
issue or modify such a permit, which shall contain a schedule of
compliance for the point source to achieve the requirements of sub-
sections (bXIXA) and (C) of this section and shall contain such
other terms and conditions, including pretreatment and interim ef-
fluent limitations and water conservation requirements applicable
to that point source, as the Administrator determines are necessary
to carry out the provisions of this Act.
(B) No time modification granted by the Administrator (or if
appropriate the State) pursuant to paragraph (2XA) of this sub-
section shall extend beyond the earliest date practicable for compli-
ance or beyond the date of any extension granted to the appro-
priate publicly owned treatment works pursuant to paragraph (1)
of this subsection, but in no event shall it extend beyond July 1,
1988, and no such time modification shall be granted unless (i) the
publicly owned treatment works will be in operation and available
to the point source before July 1, 1988, and will meet the require-
ments to subsections (b)(l) (B) and (C) of this section after receiv-
ing the discharge from that point source; and (ii) the point source
and the publicly owned treatment works have entered into an en-
forceable contract requiring the point source to discharge into the
publicly owned treatment works, the owner or operator of such
point source to pay the costs required under section 204 of this Act,
and the publicly owned treatment works to accept the discharge
from the point source; and (iii) the permit for such point source re-
Sec. 301
FEDERAL WATER POLLUTION CONTROL ACT
84
quires point source to meet all requirements under section 307 (a)
and (b) during the period of such time modification.
(j)(l) Any application filed under this section for a modification
of the provisions of—
(A) subsection (bXD(B) under subsection (h) of this section
shall be filed not later that1 the 365th day which begins after
the date of enactment of the Municipal Wastewater Treatment
Construction Grant Amendments of 1981, except that a pub-
licly owned treatment works which prior to December 31, 1982,
had a contractual arrangement to use a portion of the capacity
of an ocean outfall operated by another publicly owned treat-
ment works which has applied for or received modification
under subsection (h), may apply for a modification of sub-
section (h) in its own right not later than 30 days after the
date of the enactment of the Water Quality Act of 1987, and
except as provided in paragraph (5);
(B) subsection (b)(2XA) as it applies to pollutants identified
in subsection (bX2XF) shall be filed not later than 270 days
after the date of promulgation of an applicable effluent guide-
line under section 304 or not later than 270 days after the date
of enactment of the Clean Water Act of 1977, whichever is
later.
(2) Subject to paragraph (3) of this section, any application for
a modification filed under subsection (g) of this section shall not op-
erate to stay any requirement under this Act, unless in the judg-
ment of the Administrator such a stay or the modification sought
will not result in the discharge of pollutants in quantities which
may reasonably be anticipated to pose an unacceptable risk to
human health or the environment because of bioaccumulation, per-
sistency in the environment, acute toxicity, chronic toxicity (includ-
ing carcinogenicity, mutagenicity or teratogenicity), or synergistic
propensities, and that there is a substantial likelihood that the ap-
plicant will succeed on the merits of such application. In the case
of an application filed under subsection (g) of this section, the Ad-
ministrator may condition any stay granted under this paragraph
on requiring the filing of a bond or other appropriate security to
assure timely compliance with the requirements from which a
modification is sought.
(3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (g).—
(A) EFFECT OF FILING.—An application for a modifica-
tion under subsection (g) and a petition for listing of a pol-
lutant as a pollutant for which modifications are author-
ized under such subsection shall not stay the requirement
that the person seeking such modification or listing comply
with effluent limitations under this Act for all pollutants
not the subject of such application or petition.
(B) EFFECT OF DISAPPROVAL.—Disapproval of an appli-
cation for a modification under subsection (g) shall not
stay the requirement that the person seeking such modi-
fication comply with all applicable effluent limitations
under this Act.
'So in law. Probably thould be 'than*.
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85
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
(4) DEADLINE FOR SUBSECTION (g) DECISION.—An applica-
tion for a modification with respect to a pollutant filed under
subsection (g) must be approved or disapproved not later than
365 days after the date of such filing: except that in any case
in which a petition for listing such pollutant as a pollutant for
which modifications are authorized under such subsection is
approved, such application must be approved or disapproved
not later than 365 days after the date of approval of such peti-
tion.
(5) EXTENSION OP APPLICATION DEADLINE.—
(A) IN GENERAL.—In the 180-day period beginning on
the date of the enactment of this paragraph, the city of
San Diego. California, may apply for a modification pursu-
ant to subsection (h) of the requirements of subsection
(bXIXB) with respect to biological oxygen demand and
total suspended solids in the effluent discharged into ma-
rine waters.
(B) APPLICATION.—An application under this para-
graph shall include a commitment by the applicant to im-
plement a waste water reclamation program that, at a
minimum, will—
(i) achieve a system capacity of 45,000,000 gallons
of reclaimed waste water per day by January 1, 2010;
and
(ii) result in a reduction in the quantity of sus-
pended solids discharged by the applicant into the ma-
rine environment during the period of the modifica-
tion.
(C) ADDITIONAL CONDITIONS.—The Administrator may
not grant a modification pursuant to an application sub-
mitted under this paragraph unless the Administrator de-
termines that such modification will result in removal of
not less than 58 percent of the biological oxygen demand
(on an annual average) and not less than 80 percent of
total suspended solids (on a monthly average) in the dis-
charge to which the application applies.
(D) PRELIMINARY DECISION .DEADLINE.—The Adminis-
trator shall announce a preliminary decision on an applica-
tion submitted under this paragraph not later than 1 year
after the date the application is submitted.
(k) In the case of any facility subject to a permit under section
402 which proposes to comply with the requirements of subsection
(bX2XA) or (bX2XE) of this section by replacing existing production
capacity with an innovative production process which will result in
an effluent reduction significantly greater than that required by
the limitation otherwise applicable to such facility and moves to-
ward the national goal of eliminating the discharge of all pollut-
ants, or with the installation of an innovative control technique
that has a substantial likelihood for enabling the facility to comply
with the applicable effluent limitation by achieving a significantly
greater effluent reduction than that required by the applicable ef-
fluent limitation and moves toward the national goal of eliminating
the discharge of all pollutants, or by achieving the required reduc-
tion with an innovative system that has the potential for signifi-
Sec. 301
FEDERAL WATER POLLUTION CONTROL ACT
cantly lower costs than the systems which have been determined
by the Administrator to be economically achievable, the Adminis-
trator (or the State with an approved program under section 402,
in consultation with the Administrator) may establish a date for
compliance under subsection (bX2)(A) or (b)(2)(E) of this section no
later than two years after the date for compliance with such efflu-
ent limitation which would otherwise be applicable under such sub-
section, if it is also determined that such innovative system has the
potential for industrywide application.
(1) Other than as provided in subsection (n) of this section, the
Administrator may not modify any requirement of this section as
it applies to any specific pollutant which is on the toxic pollutant
list under section 307(aXl) of this Act.
(m)(l) The Administrator, with the concurrence of the State,
may issue a permit under section 402 which modifies the require-
ments of subsections (b)(l)(A) and (b)(2)(E) of this section, and of
section 403, with respect to effluent limitations to the extent such
limitations relate to biochemical oxygen demand and pH from dis-
charges by an industrial discharger in such State into deep waters
of the territorial seas, if the applicant demonstrates and the Ad-
ministrator finds that—
(A) the facility for which modification is sought is covered
at the time of the enactment of this subsection by National
Pollutant Discharge Elimination System permit number
CA0005894 or CA0005282;
(B) the energy and environmental costs of meeting such re-
quirements of subsections (bXIXA) and (bX2XE) and section
403 exceed by an unreasonable amount the benefits to be ob-
tained, including the objectives of this Act;
(C) the applicant has established a system for monitoring
the impact of such discharges on a representative sample of
aquatic biota;
(D) such modified requirements will not result in any addi-
tional requirements on any other point or nonpoint source;
(E) there will be no new or substantially increased dis-
charges from the point source of the pollutant to which the
modification applies above that volume of discharge specified
in the permit;
(F) the discharge is into waters where there is strong tidal
movement and other hydrological and geological characteristics
which are necessary to allow compliance with this subsection
and section 101(aX2) of this Act;
(G) the applicant accepts as a condition to the permit a
contractural obligation to use funds in the amount required
(but not less than $250,000 per year for ten years) for research
and development of water pollution control technology, includ-
ing but not limited to closed cycle technology;
(H) the facts and circumstances present a unique situation
which, if relief is granted, will not establish a precedent or the
relaxation of the requirements of this Act applicable to simi-
larly situated discharges; and
(I) no owner or operator of a facility comparable to that of
the applicant situated in the United States has demonstrated
that it would be put at a competitive disadvantage to the appli-
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87
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
Sec. 301
FEDERAL WATER POLLUTION CONTROL ACT
cant (or the parent company or any subsidiary thereof) as a re-
sult of the issuance of a permit under this subsection.
(2) The effluent limitations established under a permit issued
under paragraph (1) shall be sufficient to implement the applicable
State water quality standards, to assure the protection of public
water supplies and protection and propagation of a balanced, indig-
enous population of shellfish, fish, fauna, wildlife, and other aquat-
ic organisms, and to allow recreational activities in and on the
water. In setting such limitations, the Administrator shall take
into account any seasonal variations and the need for an adequate
margin of safety, considering the lack of essential knowledge con-
cerning the relationship between effluent limitations and water
quality and the lack of essential knowledge of the effects of dis-
charges on beneficial uses of the receiving waters.
(3) A permit under this subsection may be issued for a period
not to exceed five years, and such a permit may be renewed for one
additional period not to exceed five years upon a demonstration by
the applicant and a finding by the Administrator at the time of ap-
plication for any such renewal that the provisions of this subsection
are met.
(4) The Administrator may terminate a permit issued under
this subsection if the Administrator determines that there has been
a decline in ambient water quality of the receiving waters during
the period of the permit even if a direct cause and effect relation-
ship cannot be shown: Provided, That if the effluent from a source
with a permit issued under this subsection is contributing to a de-
cline in ambient water quality of the receiving waters, the Admin-
istrator shall terminate such permit.
(n) FUNDAMENTALLY DIFFERENT FACTORS.—
(1) GENERAL RULE.—The Administrator, with the
concurrence of the State, may establish an alternative require-
ment under subsection (bX2) or section 307(b) for a facility that
modifies the requirements of national effluent limitation guide-
lines or categorical pretreatment standards that would other-
wise be applicable to such facility, if the owner or operator of
such facility demonstrates to the satisfaction of the Adminis-
trator that—
(A) the facility is fundamentally different with respect
to the factors (other than cost) specified in section 304(b)
or 304(g) and considered by the Administrator in establish-
ing such national effluent limitation guidelines or categor-
ical pretreatment standards;
(B) the application—
(i) is based solely on information and supporting
data submitted to the Administrator during the rule
making for establishment of the applicable national ef-
fluent limitation guidelines or categorical
pretreatment standard specifically raising the factors
that are fundamentally different for such facility; or
(ii) is based on information and supporting data
referred to in clause (i) and information and support-
ing data the applicant did not have a reasonable op-
portunity to submit during such rulemaking;
(C) the alternative requirement is no less stringent
than justified by the fundamental difference; and
(D) the alternative requirement will not result in a
non-water quality environmental impact which is mark-
edly more adverse than the impact considered by the Ad-
ministrator in establishing such national affluent limita-
tion guideline or categorical pretreatment standard.
(2) TIME LIMIT FOR APPLICATIONS.—An application for an
alternative requirement which modifies the requirements of an
effluent limitation or pretreatment standard under this sub-
section must be submitted to the Administrator within 180
days after the date on which such limitation or standard is es-
tablished or revised, as the case may be.
(3) TIME LIMIT FOR DECISION.—The Administrator shall ap-
prove or deny by final agency action an application submitted
under this subsection within 180 days after the date such ap-
plication is filed with the Administrator.
(4) SUBMISSION OF INFORMATION.—The Administrator may
allow an applicant under this subsection to submit information
and supporting data until the earlier of the date the applica-
tion is approved or denied or the last day that the Adminis-
trator has to approve or deny such application.
(5) TREATMENT OF PENDING APPLICATIONS.—For the pur-
poses of this subsection, an application for an alternative re-
quirement based on fundamentally different factors which is
pending on the date of the enactment of this subsection shall
be treated as having been submitted to the Administrator on
the 180th day following such date of enactment. The applicant
may amend the application to take into account the provisions
of this subsection.
(6) EFFECT OF SUBMISSION OF APPLICATION.—An applica-
tion for an alternative requirement under this subsection shall
not stay the applicant's obligation to comply with the effluent
limitation guideline or categorical pretreatment standard
which is the subject of the application.
(7) EFFECT OF DENIAL.—If an application for an alternative
requirement which modifies the requirements of an effluent
limitation or pretreatment standard under this subsection is
denied by the Administrator, the applicant must comply with
such limitation or standard as established or revised, as the
case may be.
(8) REPORTS.—By January 1, 1997, and January 1 of every
odd-numbered year thereafter, the Administrator shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastruc-
ture of Representatives a report on the status of applications
for alternative requirements which modify the requirements of
effluent limitations under section 301 or 304 of this Act or any
national categorical pretreatment standard under section
307(b) of this Act filed before, on, or after such date of enact-
ment.
(o) APPLICATION FEES.—The Administrator shall prescribe and
collect from each applicant fees reflecting the reasonable adminis-
trative costs incurred in reviewing and processing applications for
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
Sec. 302
FEDERAL WATER POLLUTION CONTROL ACT
90
modifications submitted to the Administrator pursuant to sub-
sections (c), (g), (i), (k), (m), and (n) of section 301, section 304(dX4),
and section 316(a) of this Act. All amounts collected by the Admin-
istrator under this subsection shall be deposited into a special fund
of the Treasury entitled "Water Permits and Related Services"
which shall thereafter be available for appropriation to carry out
activities of the Environmental Protection Agency for which such
fees were collected.
(p) MODIFIED PERMIT FOR COAL REMININO OPERATIONS.—
(1) IN GENERAL.—Subject to paragraphs (2) through (4) of
this subsection, the Administrator, or the State in any case
which the State has an approved permit program under section
402(b), may issue a permit under section 402 which modifies
the requirements of subsection (bX2XA) of this section with re-
spect to the pH level of any pre-existing discharge, and with
respect to pre-existing discharges of iron and manganese from
the renamed area of any coal remining operation or with re-
spect to the pH level or level of iron or manganese in any pre-
existing discharge affected by the remining operation. Such
modified requirements shall apply the best available tech-
nology economically achievable on a case-by-case basis, using
best professional judgment, to set specific numerical effluent
limitations in each permit
(2) LIMITATIONS.—The Administrator or the State may
only issue a permit pursuant to paragraph (1) if the applicant
demonstrates to the satisfaction of the Administrator or the
State, as the case may be, that the coal remining operation will
result in the potential for improved water quality from the re-
mining operation but in no event shall such a permit allow the
pH level of any discharge, and in no event shall such a permit
allow the discharges of iron and manganese, to exceed the lev-
els being discharged from the remined area before the coal re-
mining operation begins. No discharge from, or affected by, the
remining operation shall exceed State water quality standards
established under section 303 of this Act.
(3) DEFINITIONS.—For purposes of this subsection—
(A) COAL REMININO OPERATION.—The term "coal re-
mining operation'' means a coal mining operation which
begins after the date of the enactment of this subsection
at a site on which coal mining was conducted before the
effective date of the Surface Mining Control and Reclama-
tion Act of 1977.
(B) REMINED AREA.—The term "remined area" means
only that area of any coal remining operation on which
coal mining was conducted before the effective date of the
Surface Mining Control and Reclamation Act of 1977.
(C) PRE-EXISTING DISCHARGE.—The term "pre-existing
discharge" means any discharge at the time of permit ap-
plication under this subsection.
(4) APPLICABILITY OF STRIP MINING LAWS.—Nothing in this
subsection shall affect the application of the Surface Mining
Control and Reclamation Act of 1977 to any coal remining op-
eration, including the application of such Act to suspended sol-
ids.
(33 U.S.C. 1311)
WATER QUALITY RELATED EFFLUENT LIMITATIONS
SEC. 302. (a) Whenever, in the judgment of the Administrator
or as identified under section 304(1), discharges of pollutants from
a point source or group of point sources, with the application of ef-
fluent limitations required under section 301(bX2) of this Act,
would interfere with the attainment or maintenance of that water
quality in a specific portion of the navigable waters which shall as-
sure protection of public health, public water supplies, agricultural
and industrial uses, and the protection and propagation of a bal-
anced population of shellfish, fish and wildlife, and allow rec-
reational activities in and on the water, effluent limitations (includ-
ing alternative effluent control strategies) for such point source or
sources shall be established which can reasonably be expected to
contribute to the attainment or maintenance of such water quality.
(b) MODIFICATIONS OF EFFLUENT LIMITATIONS.—
(1) NOTICE AND HEARING.—Prior to establishment of any
effluent limitation pursuant to subsection (a) of this section,
the Administrator shall publish such proposed limitation and
within 90 days of such publication hold a public hearing.
(2) PERMITS.—
(A) No REASONABLE RELATIONSHIP.—The Adminis-
trator, with the concurrence of the State, may issue a per-
mit which modifies the effluent limitations required by
subsection (a) of this section for pollutants other than toxic
pollutants if the applicant demonstrates at such hearing
that (whether or not technology or other alternative con-
trol strategies are available) there is no reasonable rela-
tionship between the economic and social costs and the
benefits to be obtained (including attainment of the objec-
tive of this Act) from achieving such limitation.
(B) REASONABLE PROGRESS.—The Administrator, with
the concurrence of the State, may issue a permit which
modifies the effluent limitations required by subsection (a)
of this section for toxic pollutants for a single period not
to exceed 5 years if the applicant demonstrates to the sat-
isfaction of the Administrator that such modified require-
ments (i) will represent the maximum degree of control
within the economic capability of the owner and operator
of the source, and (ii) will result in reasonable further
progress beyond the requirements of section 301(b)(2) to-
ward the requirements of subsection (a) of this section.
(c) The establishment of effluent limitations under this section
shall not operate to delay the application of any effluent limitation
established under section 301 of this Act.
(33 U.S.C. 1312)
WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS
SEC. 303. (aXD In order to carry out the purpose of this Act,
any water quality standard applicable to interstate waters which
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was adopted toy ®ay State and submitted to, ®ad approved by, or
is awaiting (approval by, th® Administrator pursuant to this Act as
in elect immediately prior to th® date of enactment of th® Federal
Water Pollution Control Act Amendments of 1972, shall remain in
not consistent with th® applicable requirements of this Act as in ef-
fect immediately prior to th® date of enactment of the Federal
Water Pollution Control Act Amendments of 1972. If the Adminis-
trator makes such a determination h® 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 requirements. If such changes are not adopted
by the State within ninety days after the date of such notification,
the Administrator shall promulgate such changes in accordance
with subsections (b) of this section.
(2) Any State which, before the date of enactment of the Fed-
eral Water Pollution Contirol Act Amendments of 1972, has adopt-
ed, pursuant to its own law, water quality standards applicable to
mtrastat® waters shall submit such standards to the Administrator
Pollution Control Act Amendments of 1372. 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 un-
less the Administrator determines that such standard is inconsist-
ent with the applicable requirements of this Act as in effect imme-
diately prior to the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972. If the Administrator makes
such a determination h® shall not later than th® one hundred and
twentieth day after th® date of submission of such standards, notify
the State and specify th® changes needed to meet such require-
ments. 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.
(3XA) 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 applica-
ble to intrastate waters shall, not later than one hundred and
eighty days after the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972, adopt and submit such
(B) If the Administrator determines that any such standards
are consistent with the applicable requirements of this Act as in ef-
fect immediately prior to the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972, he shall approve
such standards.
(C) 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 Pollution Control Act Amendments of 1972, he shall, not
later than th® ninetieth day after the date of submission of such
standards, notify tih® State and specify th® changes to meet such
dents. Ilf such changes .are not adopted by the State within
I «* . n A ^^ A - • ^ .a **-*! Atl • • . . A «*t
promulgate such standards pursuant to subsection (b) of this sec-
tion.
(bXl) The Administrator shall promptly prepare and publish
proposed regulations setting forth water quality standards for a
State in accordance 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—
(A) the State fails to submit water quality standards with-
in 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 Ad-
ministrator not to be consistent with the applicable require-
ments of subsection (a) of this section.
' (2) The Administrator shall promulgate any water quality
standard published in a proposed regulation not later than one
hundred and ninety days after the date he publishes any such pro-
posed standard, unless prior to such promulgation, such State was
adopted a water quality standard which the Administrator deter-
mines to be in accordance with subsection (a) of this section.
(cXD 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 psriod beginning with the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972) hold
public hearings for the purpose of reviewing applicable water qual-
ity standards and, as appropriate, modifying and adopting stand-
ards. Results of such review shall b® made available to the Admin-
istrator.
(2XA) Whenever the State revises or adopts a new standard,
such revised or new standard shall be submitted to the Adminis-
trator. Such revised or new water quality standard shall consist of
the designated uses of th® navigable waters involved and the water
quality criteria for such waters based upon such uses. Such stand-
ards shall be such as to protect the public health or welfare, en-
hance 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 wild-
life, recreational purposes, and agricultural, industrial, and other
purposes, and also talking into consideration their use and value for
navigation.
(B) Whenever a State reviews water quality standards pursu-
ant to paragraph (1) of this subsection, or revises or adopts new
standards pursuant to this paragraph, such State shall adopt cri-
teria for all toxic pollutants listed pursuant to section 307(a)(l) of
this Act for which criteria have been published under section
304(a), the discharge or presence of which in the affected waters
could reasonably be expected to interfere with those designated
uses adopted by the State, as necessary to support such designated
uses. Such criteria shall be specific numerical criteria for such toxic
pollutants. Where such numerical criteria are not available, when-
ever a State reviews water quality standards pursuant to para-
graph (I), or revises or adopts new standards pursuant to this
paragraph, such State shall adopt criteria based on biological mon-
itoring or assessment methods consistent with information pub-
lished pursuant to section 304(®X8). Nothing in this sectionjghall
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93
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 303
be construed to limit or delay the use of effluent limitations or
other permit conditions based on or involving biological monitoring
or assessment methods or previously adopted numerical criteria.
(3) If the Administrator, within sixty days after the date of
submission of the revised or new standard, determines that such
standard meets the requirements of this Act, such standard shall
thereafter be the water quality standard for the applicable waters
of that State. If the Administrator determines that any such re-
vised or new standard is not consistent with the applicable require-
ments of this Act, he shall not later than the ninetieth day after
the date of submission of such standard notify the State and speci-
fy the changes to meet such requirements. If such changes are not
adopted by the State within ninety days after the date of notifica-
tion, the Administrator shall promulgate such standard pursuant
to paragraph (4) of this subsection.
(4) The Administrator shall promptly prepare and publish pro-
posed regulations setting forth a revised1 or new water quality
standard for the navigable waters involved—
(A) if a revised or new water quality standard submitted
by such State under paragraph (3) of this subsection for such
waters is determined by the Administrator not to be consistent
with the applicable requirements of this Act, or
(B) in any case where the Administrator determines that
a revised or new standard is necessary to meet the require-
ments of this Act.
The Administrator shall promulgate any revised or new standard
under this paragraph not later than ninety days after he publishes
such proposed standards, unless prior to such promulgation, such
State has adopted a revised or new water quality standard which
the Administrator determines to be in accordance with this Act.
(dXIXA) Each State shall identify those waters within its
boundaries for which the effluent limitations required by section
301(bXlXA) and section 301(bXlXB) are not stringent enough to
implement any water Quality standard applicable to such waters.
The State shall establish apriority ranking for such waters, taking
into account the severity of the pollution and the uses to be made
of such waters.
(B) Each State shall identify those waters or parts thereof
within its boundaries for which controls on thermal discharges
under section 301 are not stringent enough to assure protection
and propagation of a balanced indigenous population of shellfish,
fish, and wildlife.
(C) Each State shall establish for the waters identified in para-
graph (IXA) of this subsection, and in accordance with the priority
ranking, the total maximum daily load, for those pollutants which
the Administrator identifies under section 304(a)(2) as suitable for
such calculation. Such load shall be established at a level necessary
to implement the applicable water quality standards with seasonal
variations and a margin of safety which, takes into account any
lack of knowledge concerning the relationship between effluent lim-
itations and water quality.
(D) Each State shall estimate for the waters identified in para-
graph (1XD) of this subsection the total maximum daily thermal
loaa required to assure protection and propagation of a balanced,
Sec. 303
FEDERAL WATER POLLUTION CONTROL ACT
94
indigenous population of shellfish, fish and wildlife. Such estimates
shall take into account the normal water temperatures, flow rates,
seasonal variations, existing sources of heat input, and the dissipa-
tive capacity of the identified waters or parts thereof. Such esti-
mates shall include a calculation of the maximum heat input that
can be made into each such part and shall include a margin of safe-
ty which takes into account any lack of knowledge concerning the
development of thermal water quality criteria for such protection
and propagation in the identified waters or parts thereof.
(2) 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 identifica-
tion of pollutants under section 304(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 Adminis-
trator 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 waters as he determines necessary to implement the
water quality standards applicable to such waters ana upon such
identification and establishment the State shall incorporate them
into its current plan under subsection (e) of this section.
(3) For the specific purpose of developing information, each
State shall identify all waters within its boundaries which it has
not identified under paragraph (1XA) and (1KB) of this subsection
and estimate for such waters the total maximum daily load with
seasonal variations and margins of safety, for those pollutants
which the Administrator identifies under section 304(aX2) as suit-
able for such calculation and for thermal discharges, at a level that
would assure protection and propagation of a balanced indigenous
population of fish, shellfish and wildlife.
(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITA-
TIONS.—
(A) STANDARD NOT ATTAINED.—For waters identified
under paragraph (IXA) where the applicable water quality
standard has not yet been attained, any effluent limitation
based on a total maximum daily load or other waste load
allocation established under this section may be revised
only if (i) the cumulative effect of all such revised effluent
limitations based on such total maximum daily load or
waste load allocation will assure the attainment of such
water quality standard, or (ii) the designated use which is
not being attained is removed in accordance with regula-
tions established under this section.
(B) STANDARD ATTAINED.—For waters identified under
paragraph (1)(A) where the quality of such waters equals
or exceeds levels necessary to protect the designated use
for such waters or otherwise required by applicable water
quality standard, any effluent limitation based on a total
maximum daily load or other waste load allocation estab-
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95
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 303
Sec. 304
FEDERAL WATER POLLUTION CONTROL ACT
96
lished under this section, or any water quality standard
established under this section, or any other permitting
standard may be revised only if such revision is subject to
and consistent with the antidegradation policy established
under this section.
(eXD Each State shall have a continuing planning process ap-
proved 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 Ad-
ministrator shall either approve or disapprove such process. The
Administrator shall from time to time review each State's approved
planning process for the purpose of insuring that such planning
process is at all times consistent with this Act. The Administrator
shall not approve any State permit program under title IV of this
Act' for any State which does not have an approved continuing
planning process under this section.
(3) The Administrator shall approve any continuing planning
process submitted to him under this section which will result in
plans for all navigable waters within such State, which 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(bXl), sec-
tion 301(bX2), section 306, and section 307, and at least as
stringent 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
areawide waste management plans under section 208, and ap-
plicable basin plans under section 209 of this Act;
(C) 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;
(G) 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.
(0 Nothing in this section shall be construed to affect any efflu-
ent limitation, or schedule of compliance required by any State to
be implemented prior to the dates set forth in sections 301(bXD
and 301(bX2) nor to preclude any State from requiring compliance
with any effluent limitation or schedule of compliance at dates ear-
lier than such dates.
(g) Water quality-standards relating to heat shall be consistent
i requirements of section 316 of this Act.
^j^jhe
(h) For the purposes of this Act the term "water quality stand-
ards" includes thermal water quality standards.
(33 U.S.C. 1313)
INFORMATION AND GUIDELINES
SEC. 304. (a)(l) 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 enact-
ment of this title (and from time to time thereafter revise) criteria
for water quality accurately reflecting the latest scientific knowl-
edge (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 dis-
persal of pollutants, or their byproducts, through biological, phys-
ical, and chemical processes; ana (C) on the effects of pollutants on
biological community diversity, productivity, and stability, includ-
ing information on the factors affecting rates of eutrophication and
rates of organic and inorganic sedimentation for varying types of
receiving waters.
(2) The Administrator, after consultation with appropriate Fed-
eral 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) information (A) on
the factors necessary to restore and maintain the chemical, phys-
ical, 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 and categories of receiving waters and to allow
recreational activities in and on the water; and (C) on the measure-
ment and classification of water quality; and (D) for the purpose of
section 303, on and the identification of pollutants suitable for
maximum daily load measurement correlated with the achievement
of water quality objectives.
(3) Such criteria and information and revisions thereof shall be
issued to the States and shall be published in the Federal Register
and otherwise made available to the public.
(4) The Administrator shall, within 90 days after the date of
enactment of the Clean Water Act of 1977 and from time to time
thereafter, publish and revise as appropriate information identify-
ing conventional pollutants, including but not limited to, pollutants
classified as biological oxygen demanding, suspended solids, fecal
colifonn, and pH. The thermal component of any discharge shall
not be identified as a conventional pollutant under this paragraph.
(5XA) The Administrator, to the extent practicable before con-
sideration of any request under section 301(g) of this Act and with-
in six months after the date of enactment of the Clean Water Act
of 1977, shall develop and publish information on the factors nec-
essary for the protection of public water supplies, and the protec-
tion and propagation of a balanced population of shellfish, fish and
wildlife, and to allow recreational activities, in and on the water.
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97
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 304
Sec. 304
FEDERAL WATER POLLUTION CONTROL ACT
98
(B) The Administrator, to the extent practicable before consid-
eration of any application under section 301(h) of this Act and
within six months after the date of enactment of Clean Water Act
of 1977, shall develop and publish information on the factors nec-
essary for the protection of public water supplies, and the protec-
tion and propagation of a balanced indigenous population of shell-
fish, fish and wildlife, and to allow recreational activities, in and
on the water.
(6) The Administrator shall, within three months after enact-
ment of the Clean Water Act of 1977 and annually thereafter, for
purposes of section 301(h) of this Act publish and revise as appro-
priate information identifying each water quality standard in effect
under this Act of State law, the specific pollutants associated with
such water quality standard, ana the particular waters to which
such water quality standard applies.
(7) GUIDANCE TO STATES.—The Administrator, after con-
sultation with appropriate State agencies and on the basis of
criteria and information published under paragraphs (1) and
(2) of this subsection, snail develop and publish, within 9
months after the date of the enactment of the Water Quality
Act of 1987, guidance to the States on performing the identi-
fication required by section 304(1X1) of this Act.
(8) INFORMATION ON WATER QUALITY CRITERIA.—The Ad-
ministrator, after consultation with appropriate State agencies
and within 2 years after the date of the enactment of the
Water Quality Act of 1987, shall develop and publish informa-
tion on methods for establishing and measuring water quality
criteria for toxic pollutants on other bases than pollutant-by-
pollutant criteria, including biological monitoring and assess-
ment methods.
(b) For the purposes of adopting or revising effluent limitations
under this Act the Administrator snail, after consultation with ap-
propriate Federal and State agencies and other interested persons,
publish within one year of enactment of this title, regulations, pro-
viding guidelines for effluent limitations, and, at least annually
thereafter, revise, if appropriate, such regulations. Such regula-
tions shall—
(IXA) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pullutants,
the degree of effluent reduction attainable through the applica-
tion of the best practicable control technology currently avail-
able for classes and categories to point sources (other than
publicly owned treatment works); 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 categories of classes. Factors relating to the assessment
of best practical control technology currently available to com-
ply with subsection (bXD of section 301 of this Act shall in-
clude 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 con-
trol techniques, process changes, non-water quality environ-
mental impact (including energy requirements), and such other
factors as the Administrator deems appropriate;
(2)(A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the applica-
tion of the best control measures and practices achievable in-
cluding treatment techniques, process and procedure innova-
tions, operating methods, and other alternatives for classes
and categories of point sources (other than publicly owned
treatment works); and
(B) specify factors to be taken into account in determining
the best measures and practices available to comply with sub-
section (b)(2) of section 301 of this Act to be applicable to any
point source (other than publicly owned treatment works) with-
in such categories of 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
engineering aspects of the application of various types of con-
trol techniques, process changes, the cost of achieving such ef-
fluent reduction, non-water quality environmental impact (in-
cluding energy requirements), and such other factors as the
Administrator deems appropriate;
(3) identify control measures and practices available to
eliminate the discharge of pollutants from categories and class-
es of point sources, taking into account the cost of achieving
such elimination of the discharge of pollutants; and
(4)(A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the applica-
tion of the best conventional pollutant control technology (in-
cluding measures and practices) for classes and categories of
point sources (other than publicly owned treatment works);
and
(B) specify factors to be taken into account in determining
the best conventional pollutant control technology measures
and practices to comply with section 301(b)(2XE) of this Act to
be applicable to any point source (other than publicly owned
treatment works) within such categories or classes. Factors re-
lating to the assessment of best conventional pollutant control
technology (including measures and practices) shall include
consideration of the reasonableness of the relationship between
the costs of attaining a reduction in effluents and the effluent
reduction benefits derived, and the comparison of the cost and
level of reduction of such pollutants from the discharge from
publicly owned treatment works to the cost and level of reduc-
tion of such pollutants from a class or category of industrial
sources, and shall take into account the age of equipment and
facilities involved, the process employed, the engineering as-
pects of the application of various types of control techniques,
process changes, non-water quality environmental impact (in-
cluding energy requirements), and such other factors as the
Administrator deems appropriate.
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mm. taaiGB Muumoa naiBHL
§8G. IE
MOJITO CQHTROL ACT
(c) The Administrator, after consultation, with appropriate
Federal and State agencies and other interested persons, shall
issue to the States ami appropriate water pollution control agencies
within 270 days after enactment of this title (and from time to time
thereafter) information on the processes, procedures, or operating
methods which reBislfc in the elimination or reduction of the die-
charge of poltatanto to implement standards of performance under
section 3QS of this Act. swch information shall include technical
and other data, including costs, ao are available on alternative
methods of elimination or reduction of the discharge of pollutants.
Such information, and revisions thereof, shall be published in the
Federal Register and otherwise shall ba made available to the pub-
lic.
(dXD The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall pub-
lish within sixty days after enactment of this title (and from time
to time thereafter) information, in terms of amounts of constituents
and chemical, physical, and biological characteristics of pollutants,
on the degree of effluent reduction attainable through th® applica-
tion 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 imple-
ment section 201 of this Act.
(3) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, shall promul-
gate witin one hundred and eighty days after the date of enactment
of this subsection guidelines for identifying and evaluating innova-
tive and alternative wastewater treatment process and techniques
referred to in section 201(gX5) of this Act.
(4) For the purposes of this subsection, such biological treat-
ment facilities as oxidation ponds, lagoons, and ditches and trick-
ling filters shall! be deemed the equivalent of secondary treatment.
The Administrator shall provide guidance under paragraph (1) of
this subsection on design criteria for such facilities, taking into ac-
count pollutant removal efficiencies and, consistent with the objec-
tive of the Act, assuring that water quality will not be adversely
affected by deeming such facilities as the equivalent of secondary
treatment.
(e) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, may publish
regulations, supplemental to any effluent limitations specified
under subsections (b) and (c) of this section for a class or category
of point sources, for any specific pollutant which the Administrator
is charged with a duty to regulate as a toxic or hazardous pollutant
under section 307(aXl) or 311 of this Act, to control plant site run-
off, spillage or leaks, sludge or waste disposal, and drainage from
raw material storage which the Administrator determines are asso-
ciated with or ancillary to the industrial manufacturing or treat-
ment process within sraadi ©lass or category of point sources and
may contribute significant amounts of such poHutants, to navigable
Amy applaedbla ©unteafe
shall be included as a requirement for the purposes of section 301,
302, 307, or 403, as the case ,may be, in any permit issued to a
point source pursuant to section 402 of this Act.
(0 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 resulting from—
(A) agricultural and silvicultural activities, including run-
off from fields and crop and forest lands;
(B) 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 fa-
cilities resulting from such construction;
(B) 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
navigable waters or ground waters, including changes caused
by the construction of dams, levees, channels, causeways, or
flow diversion facilities.
Such information and revisions thereof shall be published in the
Federal Register and otherwise made available to the public.
(g)(l) For the purpose of assisting States in carrying out pro-
grams under section 402 of this Act, the Administrator shall pub-
lish, within one hundred and twenty days after the date of enact-
ment 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. Guidelines under this subsection shall be estab-
lished to control and prevent the discharge into the navigable wa-
ters, 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.
(2) When publishing guidelines under this subsection, the Ad-
ministrator shall designate the category or categories of treatment
works to which the guidelines shall apply.
(h) The Administrator shall, within on® hundred and eighty
days from the date of enactment of this title, promulgate guidelines
establishing test procedures for the analysis of pollutants that shall
include the factors which must be provided in any certification pur-
suant to section 401 of this Act or permit application pursuant to
section 402 of this Act.
(i) The Administrator shall (1) within sixty days after the en-
actment of this title promulgate guidelines for the purpose of estab-
lishing uniform application forms and other minimum require-
ments for the acquisitions of information from owners and operators
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 304
Sec. 304
FEDERAL WATER POLLUTION CONTROL ACT
102
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 mini-
mum procedural and other elements of any State program under
section 402 of this Act which shall include:
(A) monitoring requirements:
(B) reporting requirements (including procedures to make
information available to the public):
(C) enforcement provisions; ana
(D) funding, personnel qualifications, and manpower re-
quirements (including a requirement that no board or body
which approves 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 in-
come directly or indirectly from permit holders or applicants
for a permit).
(j) LAKE RESTORATION GUIDANCE MANUAL.—The Administrator
shall, within 1 year after the date of the enactment of the Water
Quality Act of 1987 and biennially thereafter, publish and dissemi-
nate a lake restoration guidance manual describing methods, proce-
dures, and processes to guide State and local efforts to improve, re-
store, and enhance water quality in the Nation's publicly owned
lakes.
(kXD The Administrator shall enter into agreements with the
Secretary of Agriculture, the Secretary of the Army, and the Sec-
retary of the Interior, and the heads of such other departments,
agencies, and instrumentalities of the United States as the Admin-
istrator determines, to provide for the maximum utilization of other
Federal laws and programs for the purpose of achieving and main-
taining water quality through appropriate implementation of plans
approved under section 208 of this Act and nonpoint source pollu-
tion management programs approved under section 319 of this Act.
(2) The Administrator is authorized to transfer to the Secretary
of Agriculture, the Secretary of the Army, and the Secretary of the
Interior and the heads of such other departments, agencies, and in-
strumentalities of the United States as the Administrator deter-
mines, any funds appropriated under paragraph (3) of this sub-
section to supplement funds otherwise appropriated to programs
authorized pursuant to any agreement under paragraph (1).
(3) There is authorized to be appropriated to carry out the pro-
visions of this subsection, $100,000,000 per fiscal year for the fiscal
years 1979 through 1983 and such sums as may be necessary for
fiscal years 1984 through 1990.
(1) INDIVIDUAL CONTROL STRATEGIES FOR Toxic POLLUTANTS.—
(1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT
OF STRATEGIES.—Not later than 2 years after the date of the
enactment of this subsection, each State shall submit to the
Administrator for review, approval, and implementation under
this subsection—
(A) a list of those waters within the State which after
the application of effluent limitations required under sec-
tion 301(bX2) of this Act cannot reasonably be anticipated
to attain or maintain (i) water quality standards for such
waters reviewed, revised, or adopted in accordance with
section 303(cX2)(B) of this Act, due to toxic pollutants, or
(ii) that water quality which shall assure protection of pub-
lic health, public water supplies, agricultural and indus-
trial uses, and the protection and propagation of a bal-
anced population of shellfish, fish and wildlife, and allow
recreational activities in and on the water;
(B) a list of all navigable waters in such State for
which the State does not expect the applicable standard
under section 303 of this Act will be achieved after the re-
quirements of sections 30 Kb), 306, and 307(b) are met, due
entirely or substantially to discharges from point sources
of any toxic pollutants listed pursuant to section 307(a);
(C) for each segment of the navigable waters included
on such lists, a determination of the specific point sources
discharging any such toxic pollutant which is believed to
be preventing or impairing such water quality and the
amount of each toxic pollutant discharged by each such
source; and
(D) for each such segment, an individual control strat-
egy which the State determines will produce a reduction in
the discharge of toxic pollutants from point sources identi-
fied by the State under this paragraph through the estab-
lishment of effluent limitations under section 402 of this
Act and water quality standards under section 303(cX2)(B)
of this Act, which reduction is sufficient, in combination
with existing controls on point and nonpoint sources of pol-
lution, to achieve the applicable water quality standard as
soon as possible, but not later than 3 years after the date
of the establishment of such strategy.
(2) APPROVAL OR DISAPPROVAL.—Not later than 120 days
after the last day of the 2-year period referred to in paragraph
(1), the Administrator shall approve or disapprove the control
strategies submitted under paragraph (1) by any State.
(3) ADMINISTRATOR'S ACTION.—If a State fails to submit
control strategies in accordance with paragraph (1) or the Ad-
ministrator does not approve the control strategies submitted
by such State in accordance with paragraph (1), then, not later
than 1 year after the last day of the period referred to in para-
graph (2), the Administrator, in cooperation with such State
and after notice and opportunity for public comment, shall im-
plement the requirements of paragraph (1) in such State. In
the implementation of such requirements, the Administrator
shall, at a minimum, consider for listing under this subsection
any navigable waters for which any person submits a petition
to the Administrator for listing not later than 120 days after
such last day.
(m) SCHEDULE FOR REVIEW OF GUIDELINES.—
(1) PUBLICATION.—Within 12 months after the date of the
enactment of the Water Quality Act of 1987, and biennially
thereafter, the Administrator shall publish in the Federal Reg-
ister a plan which shall—
(A) establish a schedule for the annual review and re-
vision of promulgated effluent guidelines, in accordance
with subsection (b) of this section;
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103
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 305
(B) identify categories of sources discharging toxic or
nonconventional pollutants for which guidelines under sub-
section (bX2) of tills section and section 306 have not pre-
viously been published; and
(C) establish a schedule for promulgation of effluent
guidelines for categories identified in subparagraph (B),
under which promulgation of such guidelines shall be no
later than 4 years after such date of enactment for cat-
egories identified in the first published plan or 3 years
after the publication of the plan for categories identified in
later published plans.
(2) PUBLIC REVIEW.—The Administrator shall provide for
public review and comment on the plan prior to final publica-
tion.
Sec. 306
FEDERAL WATER POLLUTION CONTROL ACT
104
(33 U.S.C. 1314)
WATER QUALITY INVENTORY
SEC. 305. (a) The Administrator, in cooperation with the States
and with the assistance of appropriate Federal agencies, shall pre-
pare a report to be submitted to the Congress on or before
January 1, 1974, which shall—
(1) describe the specific quality, during 1973, with
appropriate 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 waters and the waters of the
contiguous zone; and
(3) identify specifically those navigable waters, the quality
of which—
(A) is adequate to provide for the protection and prop-
agation 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
(C) can reasonably be expected to attain such level by
any later date.
(bXD Each State shall prepare and submit to the Adminis-
trator by April 1, 1975, and shall bring up to date by April 1, 1976,
and biennially thereafter, a report which shall include—
(A) a description of the water quality of all navigable wa-
ters in such State during the preceding year, with appropriate
supplemental descriptions as shall be required to take into ac-
count seasonal, tidal, and other variations, correlated with the
quality of water required by the objective of this Act (as identi-
fied by the Administrator pursuant to criteria published under
section 304(a) of this Act) and the water quality described in
subparagraph (B) of this paragraph;
(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
Erovides for the protection and propagation of a balanced popu-
ition of shellfish, fish, and wildlife and allows recreational ac-
tivities in and on the water, have been or will be 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;
(D) an estimate of (i) the environmental impact, (ii) the
economic and social costs necessary to achieve the objective of
this Act in such State, (iii) 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, including an estimate of the costs of implementing
such programs.
(2) The Administrator shall transmit such State reports, to-
gether with an analysis thereof, to Congress on or before October
1, 1975, and October 1, 1976, and biennially thereafter.
(33 U.S.C. 1315)
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 achievable through application of the best available dem-
onstrated control technology, processes, operating methods, or
other alternatives, including, where practicable, a standard permit-
ting no discharge of pollutants.
(2) The term "new source" 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 sources, if such standard is thereafter pro-
mulgated 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 pol-
lutants.
(4) The term "owner or operator" means any person who owns,
leases, operates, controls, or supervises a source.
(5) The term "construction means any placement, assembly, or
installation 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.
(bXIXA) 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, which shall, at the
minimum, include:
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105
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 306
pulp and paper mills;
paperboard, builders paper and board mills;
meat product and rendering processing;
dairy product processing;
grain mills:
canned ana preserved fruits and vegetables processing;
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 pro-
posed regulations. After considering such comments, he shall pro-
mulgate, within one hundred and twenty days after publication of
such proposed regulations, such standards with such adjustments
as he deems appropriate. The Administrator shall, from time to
time, as technlogy and alternatives change, revise such standards
following the procedure required by this subsection for promulga-
tion of such standards. Standards of performance, or revisions
thereof, shall become effective upon promulgation. In establishing
or revising Federal 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 qual-
ity environmental impact and energy requirements.
(2) The Administrator may distinguish among classes, types,
and sizes within categories of new sources for the purpose of estab-
lishing such standards and shall consider the type of process em-
ployed (including 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-
Sec. 307
FEDERAL WATER POLLUTION CONTROL ACT
106
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 author-
ized to apply and enforce such standards of performance (except
with respect to new sources owned or operated by the United
States).
(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 constructed as to meet all applicable stand-
ards 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 de-
preciation or amortization of such facility for the purposes of sec-
tion 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 promul-
gated under this section, it shall be unlawful for any owner or oper-
ator of any new source to operate such source in violation of any
standard of performance applicable to such source.
(33 U.S.C. 1316)
TOXIC AND PRETREATMENT EFFLUENT STANDARDS
SEC. 307. (a)(l) On and after the date of enactment of the
Clean Water Act of 1977, the list of toxic pollutants or combination
of pollutants subject to this Act shall consist of those toxic
polllutants listed in table 1 of Committee Print Numbered 95-30
of the Committee on Public Works and Transportation of the House
of Representatives, and the Administrator shall publish, not later
than the thirtieth day after the date of enactment of the Clean
Water Act of 1977, that list. From time to time thereafter, the Ad-
ministrator may revise such list and the Administrator is author-
ized to add to or remove from such list any pollutant. The Adminis-
trator in publishing any revised list, including the addition or re-
moval of any pollutant from 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 im-
portance of the affected organisms, and the nature and extent of
the effect of the toxic pollutant on such organisms. A determination
of the Administrator under this paragraph shall be final except
that if, on judicial review, such determination was based on arbi-
trary and capricious action of the Administrator, the Administrator
shall make a redetermination.
(2) Each toxic pollutant listed in accordance with paragraph (1)
of this subsection shall be subject to effluent limitations resulting
from the application of the best available technology economically
achieveable for the applicable category or class of point sources es-
tablished in accordance with section 301(bX2)(A) and 304(b)(2) of
this Act. The Administrator, in his discretion, may publish in the
Federal Register a proposed effluent standard (which, may include
a prohibition) establishing requirements for a toxic pollutant
which, if an effluent limitation is applicable to a class or category
of point sources, shall be applicable to such category or class only
-------
if such standard imposes more stringent requirements. Such pub-
lished effluent standard (or prohibition) 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 im-
portance of the affected organisms and the nature and extent of the
effect of the toxic pollutant on such organisms, and the extent to
which effective control is being or may be achieved under other reg-
ulatory authority. The Administrator shall allow a period of not
less than sixty (Says following publication of any such proposed ef-
fluent standard (or prohibition) for written comment by interested
persons on such proposed standard. In addition, if within thirty
days of publication or any such proposed effluent standard (or pro-
hibition) any interested person so requests, the Administrator shall
hold a public hearing in connection therewith. Such a public hear-
ing shall provide an opportunity for oral and written presentations,
such cross-examination as the Administrator determines is appro-
priate on disputed issues of material fact, and the transcription of
a verbatim record which shall be available to the public. After con-
sideration of such commante and any information and material pre-
sented at any public hearing held on such proposed standard or
prohibition, the Administrator shall promulgate such standards (or
Srohibition) with such modiflcaftioas as the Administrator finds are
justified. Such promulgation by the Administrator shall be made
within two hundred and seventy days after publication of proposed
standard (or prohibition). Such standard (or prohibition) shall be
final except that if, on judicial review, such standard was not based
on substantial evidence, the Administrator shall promulgate a re-
vised standard. Effluent limitations shall be established in accord-
ance with sections 301(bX2KA) and 304(bX2) for every toxic pollut-
ant referred to in table 1 of Committee Print Numbered 96-30 of
the Committee on Public Works and Transportation of the House
of Representatives as Boon as practicable after the date of enact-
ment of the Clean Water Act of 1977, but no later than July • 1,
1980. Such effluent limitations or effluent standards (or prohibi-
tions) shall be established for every other toxic pollutant listed
under paragraph (I) of this subsection as soon as practicable after
it is so listed.
(3) Each such effluent standard (or prohibition) shall be re-
viewed and, if appropriate, revised at least every three years.
(<8) Any effluent standard promulgated under this section shall
be at that level which the Administrator determines provides an
ample margin of safety.
(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 (or prohibition) established pursuant
to this section shall take effect on such date or dates as specified
in the order promulgating such standard, but in no case, more than
am year from the elate of rorfj promulgation. If the Administrator
within one year from th® date of pro-
Administrator may establish the effective date of the effluent
standard (or prohibition) for such category at the earliest date upon
which compliance can be feasibly attained by sources within such
category, but in no event more than three years after the date of
such promulgation.
(7) Prior to publishing any regulations pursuant to this section
the Administrator shall, to the maximum extent practicable within
.... ...__.. _. ...... j .x ._.*i. appj-oprigto advisory committees,
(bXD The Administrator shall, within one hundred and eighty
days after the date of enactment of this title and from time to time
thereafter, publish proposed regulations establishing pretreatment
standards for introduction of pollutants into treatment works (as
defined in section 212 of this Act) which are publicly owned for
those pollutants which are determined not to be susceptible to
treatment by such treatment works or which would interfere with
the operation of such treatment works. Not later than ninety days
after such publication, and after opportunity for public hearing, the
Administrator shall promulgate such pretreatment standards.
Pretreatment standards under this subsection shall specify a time
for compliance not to exceed three years from the date of promulga-
tion and shall be established to prevent the discharge of any pollut-
ant through treatment works (as defined in section 212 of mis Act)
which are publicly owned, which pollutant interfere with, passes
through, or otherwise is incompatible with such works. If, in the
case of any toxic pollutant under subsection (a) of this section in-
troduced by a source into a publicly owned treatment works, the
treatment by such works removes an or any part of such toxic pol-
lutant and the discharge from such works does not violate that ef-
fluent limitation or standard which would be applicable to such
toxic pollutant if it were discharged by such source other than
through a publicly owned treatment works, and does not prevent
sludge use or disposal by such works in accordance with section
405 of this Act, then the pretreatment requirements for the sources
actually discharging such toxic pollutant into such publicly owned
treatment works may be reviseol by the owner or operator of such
works to reflect the removal of such toxic pollutant toy such works.
(2) The Administrator shall, from time to time, as control tech-
nology, processes, operating methods, or other alternative change,
revise such standards following the procedures established by this
subsection for promulgation of such standards.
(3) When proposing or promulgating any pretreatment stand-
ard under this section, the Administrator shall designate the cat-
egory or categories of sources to which such standard shall apply.
(4) Nothing in this subsection shall affect any pretreatment re-
quirement established by any State or local law not in conflict with
any pretreatment standard established under this subsection.
(c) In order to ensure that any source introducing pollutants
into a publicly owned treatment works, which source would be a
new source subject to section 306 if it were to discharge pollutants,
will not cause a violation of the effluent limitations established for
any such treatment works, the Administrator shall promulgate
pretreatment standards for the category of such sources simMta-
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109
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 308
neously with the promulgation of standards of performance under
section 306 for the equivalent category of new sources. Such
pretreatment standards shall prevent the discharge of any pollut-
ant into such treatment works, which pollutant may interfere with,
pass through, or otherwise be incompatible with such works.
(d) After the effective date of any effluent standard or prohibi-
tion or pretreatment standard promulgated under this section, it
shall be unlawful for any owner or operator of any source to oper-
ate any source in violation of any such effluent standard or prohibi-
tion or pretreatment standard.
(e) COMPLIANCE DATE EXTENSION FOR INNOVATIVE
PRETREATMENT SYSTEMS.—In the case of any existing facility that
proposes to comply with the pretreatment standards of subsection
(b) of this section by applying an innovative system that meets the
requirements of section 301(k) of this Act, the owner or operator of
the publicly owned treatment works receiving the treated effluent
from such facility may extend the date for compliance with the ap-
plicable pretreatment standard established under this section for a
period not to exceed 2 years—
(1) if the Administrator determines that the innovative
system has the potential for industrywide application, and
(2) if the Administrator (or the State in consultation with
the Administrator, in any case in which the State has a
pretreatment program approved by the Administrator)—
(A) determines that the proposed extension will not
cause the publicly owned treatment works to be in viola-
tion of its permit under section 402 or of section 405 or to
contribute to such a violation, and
(B) concurs with the proposed extension.
(33 U.S.C. 1317)
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, pro-
hibition, or effluent standard, pretreatment standard, or standard
of performance under this Act; (2) determining whether any person
is in violation of any such effluent limitation, or other limitation,
prohibition or effluent standard, pretreatment standard, or stand-
ard of performance; (3) any requirement established under this sec-
tion; or (4) carrying out sections 305, 311, 402, 404 (relating to
State permit programs), 405, 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, (iii) install, use, and maintain such
monitoring equipment or methods (including where appro-
priate, biological monitoring methods), (iv) sample such
effluents (in accordance with such methods, at such locations,
at such intervals, and in such- manner as the Administrator
shall prescribe), and (v) provide such other information as he
may reasonably require; and
Sec. 308
FEDERAL WATER POLLUTION CONTROL ACT
110
(B) the Administrator or his authorized representative (in-
cluding an authorized contractor acting as a representative of
the Administrator), upon presentation of his credentials—
(i) shall have a nght of entry to, upon, or through any
premises in which an effluent source is located or in which
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
required 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
section (1) shall, in the case of effluent data, be related to any ap-
plicable effluent limitations, toxic, pretreatment, or new source per-
formance standards, and (2) shall be available to the public, except
that upon a showing satisfactory to the Administrator by any per-
son that records, reports, or information, or particular part thereof
(other than effluent data), to which the Administrator has access
under this section, if made public would divulge methods or proc-
esses entitled to protection as trade secrets of such person, the Ad-
ministrator shall consider such record, report, or information, or
particular portion thereof confidential in accordance with the pur-
poses of section 1905 of title 18 of the United States Code. Any au-
thorized representative of the Administrator (including an author-
ized contractor acting as a representative of the Administrator)
who knowingly or willfully publishes, divulges, discloses, or makes
known in any manner or to any extent not authorized by law any
information which is required to be considered confidential under
this subsection shall be fined not more than $1,000 or imprisoned
not more than 1 year, or both. Nothing in this subsection shall pro-
hibit the Administrator or an authorized representative of the Ad-
ministrator (including any authorized contractor acting as a rep-
resentative of the Administrator) from disclosing records, reports,
or information to other officers, employees, or authorized represent-
atives 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
procedures under State law for inspection, monitoring, and entry
with respect to point sources located in such State. If the Adminis-
trator finds that the procedures and the law of any State relating
to inspection, monitoring, and entry are applicable to at least the
same extent as those required by this section, such State is author-
ized to apply and enforce its procedures for inspection, monitoring,
and entry with respect to point sources located in such State (ex-
cept with respect to point sources owned or operated by the United
States).
(d) ACCESS BY CONGRESS.—Notwithstanding any limitation
contained in this section or any other provision of law, all informa-
tion reported to or otherwise obtained by the Administrator (or any
representative of the Administrator) under this Act shall be made
available, upon written request of any duly authorized committee
of Congress, to such committee.
(33 U.S.C. 1318)
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See. 3B
FEDERAL ENFORCEMENT
SEC. 309. (aXD Whenever, on the basis of any information
.lilable to him, th® Administrator finds that any person is in vio-
lation of any condition or limitation which implements section 301,
302, 306, 307, 308, 318, or 405 of this Act in a permit issued by
a State under an approved permit program under section 402 or
404 of this Act, he shall proceed uneer his authority in paragraph
(3) of this subsection or he shall notify the person in alleged viola-
tion 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 condition or limi-
tation or shall bring a civil action in accordance with subsection (b)
of this section.
(2) Whenever, on the basis of information available to him, the
Administrator finds that violations of permit conditions or limita-
tions as set forth in paragraph (I) of this subsection are so wide-
spread 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 ex-
tends beyond the thirtieth day after such notice, he shall give pub-
lic notice of such finding. During th® period beginning with such
public notice and ending when such State satisfies the Adminis-
trator that it will enforce such conditions and limitations (hereafter
'referred to in this section as the period of "federally assumed en-
forcement"), except where an extension has been granted under
paragraph (5XB) of this subsection, 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.
(3) Whenever on th® basis of ©ay information available to him
the Administrator finds that any person is in violation of section
301, 302, 306, 307, 308, 33.8, or 405 of this Act, or is in violation
of any permit condition or limitation implementing any of such sec-
tions in a peirmit issued under section 402 of this Act by him or
by a State or in a permit issued under section 404 of this Act by
a State, he shall issue an order requiring such person to comply
with such section or requirement, or he shall bnng a civil action
in accordance with subsection (b) of this section.
(4) A copy of any order issued under this subsection shall be
sent immediately by the Administrator to the State in which the
violation occurs and other affected States. In any case in which an
order under this subsection (or notice to a violator under paragraph
(1) of this subsection) is issued to a corporation, a copy of such
order (or notice) shall b® served on any appropriate corporate offi-
cers. 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 Ad-
ministrator coraeemiimo' fr-lhm nll/oma^ «5/>l«»s««
(SKA) Any order Issued
trader this subsection shall be by per-
"•*• psasosmble specificity th® natuar® of
the violation, and shall specify a time for compliance not to exceed
thirty days in the case of a violation of an interim compliance
schedule or operation and maintenance requirement and not to ex-
ceed a time the Administrator determines to be reasonable in the
case of a violation of a final deadline, taking into account the seri-
ousness of the violation and any good faith efforts to comply with
applicable requirements.
(B) The Administrator may, if he determines (i) that any per-
son who is a violator of, or any person who is otherwise not in com-
pliance with, the time requirements under this Act or in any per-
mit issued under this Act, has acted in good faith, and has made
a commitment (in the form of contracts or other securities) of nec-
essary resources to achieve compliance by the earliest possible date
after July 1, 1977, but not later than April 1, 1979; (ii) that any
extension under this provision will not result in the imposition of
any additional controls on any other point or nonpoint source; (iii)
that an application for a permit under section 402 of this Act was
filed for such person prior to December 31, 1974; and (iv) that the
facilities necessary for compliance with such requirements are
under construction, grant an extension of the date referred to in
section 301(bXlXA) to a date which will achieve compliance at the
earliest time possible but not later than April 1, 1979.
(6) Whenever, on the basis of information available to him, the
Administrator finds (A) that any person is in violation of section
301(b)(l) (A) or (C) of this Act, (B) that such person cannot meet
the requirements for a time extension under section 301(iX2) of
this Act, and (C) that the most expeditious and appropriate means
of compliance with this Act by such person is to discharge into a
publicly owned treatment works, then, upon request of such person,
the Administrator may issue an order requiring such person to
comply with this Act at the earliest date practicable, but not later
than July 1, 1983, by discharging into a publicly owned treatment
works if such works concur with such order. Such order shall in-
clude a schedule of compliance.
(b) The Administrator is authorized to commence a civil action
for appropriate relief, including a permanent or temporary injunc-
tion, for any violation for which he is authorized to issue a compli-
ance 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 district in which the defendant is located or resides
or is doing business, and such court shall have jurisdiction to re-
strain such violation and to require compliance. Notice of the com-
mencement of such action shall be given immediately to the appro-
priate State.
(c) CRIMINAL PENALTIES.—
(1) NEGLIGENT VIOLATIONS.—Any person who—
(A) negligently violates section 301, 302, 306, 307, 308,
311(bX3), 318, or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a per-
mit issued under section 402 of this Act by the Adminis-
trator or by a State, or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or
- 402(bX8) of-this Act or in a permit issued under-section
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113
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 309
404 of this Act by the Secretary of the Army or by a State;
or
(B) negligently introduces into a sewer system or into
a publicly owned treatment works any pollutant or hazard-
ous substance which such person knew or reasonably
should have known could cause personal injury or property
damage or, other than in compliance with all applicable
Federal, State, or local requirements or permits, which
causes such treatment works to violate any effluent limita-
tion or condition in any permit issued to the treatment
works under section 402 of this Act by the Administrator
or a State;
shall be punished by a fine of not less than $2,500 nor more
than $25,000 per day of violation, or by imprisonment for not
more than 1 year, or by both. If a conviction of a person is for
a violation committed after a first conviction of such person
under this paragraph, punishment shall be by a fine of not
more than $50,000 per day of violation, or by imprisonment of
not more than 2 years, or By both.
(2) KNOWING VIOLATIONS.—Any person who—
(A) knowingly violates section 301, 302, 306, 307, 308,
.311(bX3), 318, or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a per-
mit issued under section 402 of this Act by the Adminis-
trator or by a State, or any requirement imposed in a
pretreatment program approved under section 402(aX3) or
402(bX8) of this Act or in a permit issued under section
404 of this Act by the Secretary of the Army or by a State;
or
(B) knowingly introduces into a sewer system or into
a publicly owned treatment works any pollutant or hazard-
ous substance which such person knew or reasonably
should have known could cause personal injury or property
damage or, other than in compliance with all applicable
Federal, State, or local requirements or permits, which
causes such treatment works to violate any effluent limita-
tion or condition in a permit issued to the treatment works
under section 402 of this Act by the Administrator or a
State;
shall be punished by a fine of not less that $5,000 nor more
than $50,000 per day of violation, or by imprisonment for not
more than 3 yean, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person
under this paragraph, punishment shall be by a fine of not
more than $100,000 per day of violation, or imprisonment of
not more than 6 years, or by both.
(3) KNOWING ENDANGERMENT.—
(A) GENERAL RULE.—Any person who knowingly vio-
lates section 301, 302, 306, 307, 308, 311(bX3), 318, or 405
of this Act, or any permit condition or limitation imple-
menting any of such sections in a permit issued under sec-
tion 402 of this Act by the Administrator or by a State, or
in a permit issued under section 404 of this Act by the Sec-
retary of the Army or by a State, and who knows at that
Sec. 309
FEDERAL WATER POLLUTION CONTROL ACT
114
time that he thereby places another person in imminent
danger of death or serious bodily injury, shall, upon convic-
tion, be subject to a fine of not more than $250,000 or im-
prisonment of not more than 15 years, or both. A person
which is an organization shall, upon conviction of violating
this subparagraph, be subject to a fine of not more than
$1,000,000. If a conviction of a person is for a violation
committed after a first conviction of such person under
this paragraph, the maximum punishment shall be dou-
bled with respect to both fine and imprisonment.
(B) ADDITIONAL PROVISIONS.—For the purpose of sub-
paragraph (A) of this paragraph—
(i) in determining whether a defendant who is an
individual knew that his conduct placed another per-
son in imminent danger of death or serious bodily in-
jury—
(I) the person is responsible only for actual
awareness or actual belief that he possessed; and
(II) knowledge possessed by a person other
than the defendant but not by the defendant him-
self may not be attributed to the defendant;
except that in proving the defendant's possession of
actual knowledge, circumstantial evidence may be
used, including evidence that the defendant took af-
firmative steps to shield himself from relevant infor-
mation;
(ii) it is an affirmative defense to prosecution that
the conduct charged was consented to by the person
endangered and that the danger and conduct charged
were reasonably foreseeable hazards of—
(I) an occupation, a business, or a profession;
or
(II) medical treatment or medical or scientific
experimentation conducted by professionally ap-
proved methods and such other person had been
made aware of the risks involved prior to giving
consent;
and such defense may be established under this sub-
paragraph by a preponderance of the evidence;
(iii) the term "organization" means a legal entity,
other than a government, established or organized for
any purpose, and such term includes a corporation,
company, association, firm, partnership, joint stock
company, foundation, institution, trust, society, union,
or any other association of persons; and
(iv) the term "serious bodily injury" means bodily
injury which involves a substantial risk of death, un-
consciousness, extreme physical pain, protracted and
obvious disfigurement, or protracted loss or impair-
ment of the function of a bodily member, organ, or
mental faculty.
(4) FALSE STATEMENTS.—Any person who knowingly makes
any false material statement, representation, or certification in
any application, record, report, plan, or other document filed or
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119
required to be maintained wider this Act or who knowingly fal-
sifies, tampers with, or readers inaccurate any monitoraag de-
vie® or method raraired to bs maintained under this Act, .shall
upon conviction, las punished by si fin® of not mons than
$10,000, 07 by imprisonment for not more than 2 years, or by
both. If a conviction of a persom is for a violation committed
after a first conviction of such person under this paragraph,
Sunishment shall be by a fine of not mons than $20,000 per
ay of violation, or by imprisonment of not mons than 4 years,
or by both.
(6) TREATMENT OF SINGLE OPERATIONAL UPSET.—For pur-
poses of'this subsection, a single operational upset which leads
to simultaneous violations of more than one pollutant param-
eter shall be treated as a single violation.
(6) RESPONSIBLE CORPORATE OFFICER AS "PERSON".—For
the purpose of this subsection, the term "person" means, in ad-
dition to the definition contained in section 502(5) of this Act,
any responsible corporate offices'.
(7) HAZARDOUS SUBSTANCE DEFINED.—For the purpose of
this subsection, the term "hazardous substance" means (A) any
substance designated pursuant to section 311(bX2XA) of this
Act, (B) any element, .compound, mixture, solution, or sub-
stance designated pursuant to section 102 of the Comprehen-
sive Environmental Response, Compensation, and Liability Act
of 1980, (C) any hazardous waste having the characteristics
. identified under or listed pursuant to section 3001 of the Solid
Waste Disposal Act (but not including any waste the regulation
of which under the Solid Waste Disposal Act has been sus-
pended by Act of Congress), (D) any toxic pollutant listed
under section 307(a) of this Act, and (E) any imminently haz-
ardous chemical substance or mixture with respect to which
the Administrator has taken action pursuant to section 7 of the
Toxic Substances Coateol Act.
(d) Any person who violates section 301, 302, 306, 307, 308,
311(bX3), 318 or 405 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, or in
a permit issued under section 404 of this Act by a State,,1 or any
requirement imposed in a pretreatment program approved under
section 402(aX3) or 402(bX8) of this Act, and any person who vio-
lates any order issued by the Administrator under subsection (a) of
this section, shall be subject to a civil penalty not to exceed $25,000
per day for each violation. In determining the amount of a civil
penalty the court shall consider the seriousness of the violation or
violations, the economic benefit (if any) resulting from the viola-
tion, any history of such violations, any good-faith efforts to comply
with the applicable requirements, the economic impact of the pen-
alty on the violator, and such other matters as justice may require.
For purposes of this subsection, a single operational upset which
leads to simultaneous violations of more than one pollutant param-
•S» in low. S=o P.L. MMWrcGt. 313{aHl). 101 Slot.
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117
FEDERAL WATER POLLUTION CONTROL ACT
Sac. 309
case may be, shall give to the person to be assessed such
penalty written notice of the Administrator's or Secretary's
proposal to issue such order and the opportunity to re-
quest, within 30 days of the date the notice is received by
such person, a hearing on the proposed order. Such hear-
ing shall not be subject to section 664 or 666 of title 5,
United States Code, but shall provide a reasonable oppor-
tunity to be heard and to represent evidence.
(B) CLASS II.—The amount of a class II civil penalty
under paragraph (1) may not exceed $10,000 per day for
each day during which the violation continues; except that
the maximum amount of any class II civil penalty under
this subparagraph shall not exceed $125,000. Except as
otherwise provided in this subsection, a class II civil pen-
alty shall be assessed and collected in the same manner.
and subject to the same provisions, as in the case of civil
penalties assessed and collected after notice and oppor-
tunity for a hearing on the record in accordance with sec-
tion 564 of title 6, United States Code. The Administrator
and the Secretary may issue rules for discovery procedures
for hearings under this subparagraph.
(3) DETERMINING AMOUNT.—In determining the amount of
any penalty assessed under this subsection, the Administrator
or the Secretary, as the case may be, shall take into account
the nature, circumstances, extent and gravity of the violation,
or violations, and, with respect to the violator, ability to pay,
any prior history of such violations, the degree of culpability,
economic benefit or savings (if any) resulting from the viola-
tion, and such other matters as justice may require. For pur-
poses of this subsection, a single operational upset which leads
to simultaneous violations of more than one pollutant param-
eter shall be treated as a single violation.
(4) RIGHTS OF INTERESTED PERSONS.—
(A) PUBLIC NOTICE.—Before issuing an order assessing
a civil penalty under this subsection the Administrator or
Secretary, as the case may be, shall provide public notice
of and reasonable opportunity to comment on the proposed
issuance of such order.
(B) PRESENTATION OF EVIDENCE.—Any person who
comments on a proposed assessment of a penalty under
this subsection shall be given notice of any hearing held
under this subsection ana of the order assessing such pen-
alty. In any hearing held under this subsection, such per-
son shall have a reasonable opportunity to be heard and
to present evidence.
(C) RIGHTS OF INTERESTED PERSONS TO A HEARING.—
If no hearing is held under paragraph (2) before issuance
of an order assessing a penalty under this subsection, any
person who commented on the proposed assessment may
petition, within 30 days after the issuance of such order,
the Administrator or Secretary, as the case may be, to set
aside such order and to provide a hearing on the penalty.
If the evidence presented by the petitioner in support of
the petition is material and was not considered in the issu-
Sec. 309
FEDERAL WATER POLLUTION CONTROL ACT
118
ance of the order, the Administrator or Secretary shall im-
mediately set aside such order and provide a hearing in ac-
cordance with paragraph (2XA) in the case of a class I civil
penalty and paragraph (2KB) in the case of a class II civil
penalty. If the Administrator or Secretary denies a hearing
under this subparagraph, the Administrator or Secretary
shall provide to the petitioner, and publish in the Federal
Register, notice of and the reasons for such denial.
(5) FINALITY OF ORDER.—An order issued under this sub-
section shall become final 30 days after its issuance unless a
petition for judicial review is filed under paragraph (8) or a
hearing is requested under paragraph (4)(C). If such a hearing
is denied, such order shall become final 30 days after such de-
nial.
(6) EFFECT OF ORDER.—
(A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS.—
Action taken by the Administrator or the Secretary, as the
case may be, under this subsection shall not affect or limit
the Administrator's or Secretary's authority to enforce any
provision of this Act; except that any violation—
(i) with respect to which the Administrator or the
Secretary has commenced and is diligently prosecuting
an action under this subsection,
(ii) with respect to which a State has commenced
and is diligently prosecuting an action under a State
law comparable to this subsection, or
(iii) for which the Administrator, the Secretary, or
the State has issued a final order not subject to fur-
ther judicial review and the violator has paid a pen-
alty assessed under this subsection, or such com-
parable State law, as the case may be,
shall not be the subject of a civil penalty action under sub-
section (d) of this section or section 311(b) or section 505
of this Act.
(B) APPLICABILITY OF LIMITATION WITH RESPECT TO
CITIZEN SUITS.—The limitations contained in subparagraph
(A) on civil penalty actions under section 505 of this Act
shall not apply with respect to any violation for which—
(i) a civil action under section 505(aXD of this Act
has been filed prior to commencement of an action
under this subsection, or
(ii) notice of an alleged violation of section
605(aXD of this Act has been given in accordance with
section 505(bXlXA) prior to commencement of an ac-
tion under this subsection and an action under section
605(aXD with respect to such alleged violation is filed
before the 120th day after the date on which such no-
tice is given.
(7) EFFECT OF ACTION ON COMPLIANCE.—No action by the
Administrator or the Secretary under this subsection^ shall af-
fect any person's obligation to comply with any section of this
Act or with the terms and conditions of any permit issued pur-
suant to section 402 or 404 of this Act.
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(8) JUDICIAL RBViEW^-Any person against whom a civil
penalty is assessed under this subsection or who commented
on the proposed assessment of such penalty in accoirdanc® with
paragraph (4) may obtain review of such assessment—
(A) in the case of assessment of a class I civil penalty,
in the United States District Court for the District of Co*
lumbia or in the district in which the violation is alleged
to have occurred, or
(B) in the case of assessment of a class II civiS penalty,
in United States Court of Appeals for the District of Co-
lumbia Circuit or for any other circuit in which such per-
son resides or transacts business,
by filing & notice of appal in such court within the 30-day pe-
riod beginning on the Gate the civil penalty order is issued and
by simultaneously sending a copy of such notice by certified
mail to the Administrator or the Secretary, as the case may be,
and the Attorney General. The Administrator or the Secretary
shall promptly file in such court a certified copy of the record
on which the order was issued. Such court shall not set aside
or remand such order unless there is not substantial evidence
in the record, taken as a whole, to support the Ending of a vio-
lation or unless the Administrator's or Secretary's assessment
of the penalty constitutes an abuse of discretion and shall not
impose additional civil penalties for the same violation! unless
the Administrator's or Secretary's assessment of the penalty
constitutes an abuse of discretion.
(9) COLLECTION.—If any person fails to pay an assessment
of a civil penalty—
(A) after the order making the assessment has become
final, or
(B) after a court in an action brought under paragraph
(8) has entered a final judgment in favor of the Adminis-
trator or the Secretary, as the case may be,
the Administrator or fifee Secretary shall request the Attorney
General to bring a civil action in an appropriate district court
to recover the amount assessed (plus interest at currently pre-
vailing rates from the date of the Eraal order or the date of the
final judgment, as the case may be). In such an action, the va-
lidity, amount, and appropriateness of such penalty shall not
be subject to review. Any person who fails to pay on a timely
basis the amount of an assessment of a civil penalty as de-
scribed in the first sentence of this paragraph shall be required
to pay, in addition to such amount and interest, attorneys fees
and costs for collection proceedings and a quarterly nonpay-
ment penalty for each quarter during which such failure to pay
persists. Such nonpayment penalty shall be in an amount
equal to 20 percent of the aggregate amount of such person's
penalties and nonpayment penalties which are unpaid as of the
beginning of such quarter.
(10) SUBPOENAS.—The Administrator or Secretary, as the
case may be, may issue subpoenas for the attendance and testi-
mony of witnesses and the production of relevant papers,
or dccwm
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121
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 310
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
122
or local governments. On the basis of the evidence presented at
such hearing, the board shall within 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 pollu-
tion 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 implement the board's decision in accordance with
the provisions of this Act.
(d) In connection with any hearing called under this sub-
section, the board is authorized to require any persons whose al-
leged activities result in discharges causing or contributing to pol-
lution to file with it in such forms as it may prescribe, a report
based on existing data, furnishing such information as may reason-
ably be required as to the character, kind, and quantity of such dis-
charges and the use of facilities or other means to prevent or re-
duce such discharges by the person filing such a report. Such re-
port shall be made under oath or otherwise, as the board may pre-
scribe, and shall be filed with the board within such reasonable pe-
riod 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 Adminsitrator has access under this section, if
made public would divulge trade secrets or secret processes of such
person, the board shall consider such report or portion thereof con-
fidential for the purposes of section 1905 of title 18 of the United
States Code. If any person required to file any report under this
paragraph 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, notwithstanding the limitations of sections
5703 and 5704 of title 5 of the United States Code, be fully reim-
bursed for travel, subsistence, and related expenses.
(f) When anv such recommendation adopted by the Adminis-
trator involves the institution of enforcement proceedings against
any person to obtain-the abatement of pollution subject to such rec-
ommendation, the Administrator shall institute such proceedings if
he believes that the evidence warrants such proceedings. The dis-
trict court of the United States shall consider and determine de
novo all relevant issues, but shall receive in evidence the record of
the proceedings before the conference or hearing board. The court
shall have jurisdiction to enter such judgment and orders enforcing
such judgment as it deems appropriate or to remand such proceed-
ings to the Administrator for such further action as it may direct.
(33 U.S.C. 1320)
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,
leaking, pumping, pouring, emitting, emptying or dumping, but
excludes (A) discharges in compliance with a permit under sec-
tion 402 of this Act, (B) discharges resulting from cir-
cumstances identified and reviewed and made a part of the
public record with respect to a permit issued or modified under
section 402 of this Act, and subject to a condition in such per-
mit, and (C) continuous or anticipated intermittent discharges
from a point source, identified in a permit or permit applica-
tion under section 402 of this Act, which are caused by events
occurring within the scope of relevant operating or treatment
systems;
(3) "vessel" means every description of watercrafl or other
artificial contrivance used, or capable of being used, as a
means of transportation on water other than a public vessel;
(4) "public vessel" means a vessel owned or bareboat-char-
tered and operated by the United States, or by a State or polit-
ical subdivision thereof, or by a foreign nation, except when
such vessel is engaged in commerce;
(5) "United States" means the States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, Guam, American Samoa, the
Virgin Islands, and the Trust Territory of the Pacific Islands;
(6) "owner or operator" means (A) in the case of a vessel,
any person owning, operating, or chartering by demise, such
vessel, and (B) in the case of an onshore facility, and an off-
shore facility, any person owning or operating such onshore fa-
cility or offshore facility, and (C) in the case of any abandoned
offshore facility, the person who owned or operated such facil-
ity immediately prior to such abandonment;
(7) "person" includes an individual, firm, corporation, asso-
ciation, and a partnership;
(8) "remove" or "removal" refers to containment and re-
moval of the oil or hazardous substances from the water and
shorelines or the taking of such other actions as n»ay be nec-
essary to minimize or mitigate damage to the public health or
welfare, including, but not limited to, fish, shellfish, wildlife,
and public and private property, shorelines, and beaches;
(9) "contiguous, zone" means the entire zone established or
to be established by the United States under article 24 of the
Convention on the Territorial Sea and the Contiguous Zone;
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123
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
(10) "onshore facility" means any facility (including, but
not limited to, motor vehicles and rolling stock) of any kind lo-
cated in, on, or under, any land within the United States other
than submerged land;
(11) "offshore facility" means any facility of any kind lo-
cated in, on, or under, any of the navigable waters of the Unit-
ed States, and any facility of any kind which is subject to the
jurisdiction of the United States and is located in, on, or under
any other waters, other than a vessel or a public vessel;
(12) "act of God" means an act occasioned by an unantici-
pated grave natural disaster;
(13) "barrel" means 42 United States gallons at 60 degrees
Fahrenheit;
(14) "hazardous substance" means any substance des-
ignated pursuant to subsection (bX2) of this section;
(16) "inland oil barge" means a non-self-propelled vessel
carrying oil in bulk as cargo and certificated to operate only in
the inland waters of the United States, while operating in such
waters;
(16) "inland waters of the United States" means those wa-
ters of the United States lying inside the baseline from which
the territorial sea is measured and those water outside such
baseline which are a part of the Gulf Intracoastal Waterway:
(17) "otherwise" subject to the jurisdiction of the United
States" means subject to the jurisdiction of the United States
by virtue of United States citizenship, United States vessel
documentation or numbering, or as provided for by inter-
national agreement to which the United States is a party;
(IS) "Area Committee" means an Area Committee estab-
lished under subsection (j);
(19) "Area Contingency Plan" means an Area Contingency
Plan prepared under subsection 0);
(20) "Coast Guard District Response Group" means a
Coast Guard District Response Group established under sub-
section (j);
(21) "Federal On-Scene Coordinator" means a Federal On-
Scene Coordinator designated in the National Contingency
Plan:
(22) "National Contingency Plan" means the National Con-
tingency Plan prepared and published under subsection (d);
(23) "National Response Unit" means the National Re-
sponse Unit established under subsection (j); and
(24) "worst case discharge" means—
(A) in the case of a vessel, a discharge in adverse
weather conditions of its entire cargo; and
(B) in the case of an offshore facility or onshore facil-
ity, the largest foreseeable discharge in adverse weather
conditions.
(bXD 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 con-
tiguous zone, or in connection with activities under the Outer Con-
tinental Shelf Lands Act or the Deepwater Port Act of 1974, or
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
124
which may affect natural resources belonging to, appertaining to,
or under the exclusive management authority of the United States
(including resources under the Fishery Conservation and Manage-
ment Act of 1976).
(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, when discharged in any quantity into or upon
the navigable waters of the United States or adjoining shorelines
or the waters of the contiguous zone or in connection with activities
under the Outer Continental Shelf Lands Act or the Deepwater
Port Act of 1974, or which may affect natural resources belonging
to, appertaining to, or under the exclusive management authority
of the United States (including resources under the Fishery Con-
servation and Management Act of 1976), present an imminent and
substantial danger to the public health or welfare, including, but
not limited to, fish, shellfish, wildlife, shorelines, and beaches.
(B) The Administrator shall within 18 months after the date
of enactment of this paragraph, conduct a study and report to the
Congress on methods, mechanisms, and procedures to create incen-
tives to/achieve a higher standard of care in all aspects of the man-
agement and movement of hazardous substances on the part of
owners, operators, or persons in charge of onshore facilities, off-
shore facilities, or vessels. The Administrator shall include in such
study (1) limits of liability, (2) liability for third party damages, (3)
penalties and fees, (4) spill prevention plans, (5) current practices
in the insurance and banking industries, and (6) whether the pen-
alty enacted in subclause (bb) of clause (iii) of subparagraph (B) of
subsection (b)(2) of section 311 of Public Law 92-500 should be en-
acted.
(3) The discharge of oil or hazardous substances (i) into or
upon the navigable waters of the United States, adjoining shore-
lines, or into or upon the waters of the contiguous zone, or (ii) in
connection with activities under the Outer Continental Shelf Lands
Act or the Deepwater Port Act of 1974, or which may affect natural
resources belonging to, appertaining to, or under the exclusive
management authority of the United States (including resources
under the Fishery Conservation and Management Act of 1976), in
such quantities as may be harmful as determined by the President
under paragraph (4) of this subsection, is prohibited, except (A) in
the case of such discharges into the waters of the contiguous zone
or which may affect natural resources belonging to, appertaining
to, or under the exclusive management authority of the United
States (including resources under the Fishery Conservation and
Management Act of 1976), where permitted under the Protocol of
1978 Relating to the International Convention for the Prevention
of Pollution^from Ships, 1973, and (B) where permitted in quan-
tities and ai, times and locations or under such circumstances or
conditions as\the President may, by regulation, determine not to be
harmful. Any Regulations issued under this subsection shall be con-
sistent with maritime safety and with marine and navigation laws
and regulations and applicable water quality standards.
(4) The President shall by regulation determine for the pur-
poses of this section those quantities of oil and any hazardous sub-
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125
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
stances the discharge of which may be harmful to the public health
or welfare or the environment of the United States, including but
not limited to fish, shellfish, wildlife, and public and private prop-
erty, shorelines, and beaches.
(6) Any person in charge of a vessel or of an onshore facility
or an offshore facility shall; as soon as he has knowledge of any
discharge of oil or a hazardous substance from such vessel or facil-
ity in violation of paragraph (3) of this subsection, immediately no-
tify the appropriate agency of the United States Government of
such discharge. The Federal agency shall immediately notify the
appropriate State agency of any State which is, or may reasonably
be expected to be, affected by the discharge of oil or a hazardous
substance. Any such person (A) in charge of a vessel from which
oil or a hazardous substance is discharged in violation of pragraph
(3Xi) of this subsection, or (B) in charge of a vessel from which oil
or a hazardous substance is discharged in violation of paragraph
(3XH) of this subsection and who is otherwise subject to the juris-
diction of the United States at the time of the discharge, or (C) in
charge of an onshore facility or an offshore facility, who fails to no-
tify immediately such agency of such discharge shall, upon convic-
tion, be fined in accordance with title 18, United States Code, or
imprisoned for not more than 5 years, or both. Notification received
pursuant to this paragraph shall not be used against any such nat-
ural person in any cnminal case, except a prosecution for perjury
or for giving a false statement.
(6) ADMINISTRATIVE PENALTIES.—
(A) VIOLATIONS.—Any owner, operator, or person in
charge of any vessel, onshore facility, or offshore facility—
(i) from which oil or a hazardous substance is dis-
charged in violation of paragraph (3), or
(ii) who fails or refuses to comply with any regula-
tion issued under subsection (j) to which that owner,
operator, or person in charge is subject,
may be assessed a class I or class II civil penalty by the
Secretary of the department in which the Coast Guard is
operating or the Administrator.
(B) CLASSES OF PENALTIES.—
(i) CLASS I.—The amount of a class I civil penalty
under subparagraph (A) may not exceed $10,000 per
violation, except that the maximum amount of any
class I civil penalty under this subparagraph shall not
exceed $26,000. Before assessing a civil penalty under
this clause, the Administrator or Secretary, as the
case may be, shall give to the person to be assessed
such penalty written notice of the Administrator's or
Secretary's proposal to assess the penalty and the op-
portunity to request, within 30 days of the date the
notice is received by such person, a hearing on the
proposed penalty. Such hearing shall not be subject to
section 654 or 666 of title 6, United States Code, but
shall provide a reasonable opportunity to be heard and
to present evidence.
(ii) CLASS II—The amount of a class II civil pen-
alty under subparagraph (A) may not exceed $10,000
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
126
per day for each day during which the violation contin-
ues; except thtit the maximum amount of any class II
civil penalty under this subparagraph shall not exceed
$125,000. Except as otherwise provided in this sub-
section, a class II civil penalty shall be assessed and
collected in the same manner, and subject to the same
provisions, as in the case of civil penalties assessed
and collected after notice and opportunity for a hear-
ing on the record in accordance with section 554 of
title 5, United States Code. The Administrator and
Secretary may issue rules for discovery procedures for
hearings under this paragraph.
(C) RIGHTS OF INTERESTED PERSONS.—
(i) PUBLIC NOTICE.—Before issuing an order as-
sessing a class II civil penalty under this paragraph
the Administrator or Secretary, as the case may be,
shall provide public notice of and reasonable oppor-
tunity to comment on the proposed issuance of such
order.
(ii) PRESENTATION OF EVIDENCE.—Any person who
comments on a proposed assessment of a class II civil
penalty under this paragraph shall be given notice of
any hearing held under this paragraph and of the
order assessing such penalty. In any hearing held
under this paragraph, such person shall have a rea-
sonable opportunity to be heard and to present evi-
dence.
(iii) RIGHTS OF INTERESTED PERSONS TO A HEAR-
ING.—If no hearing is held under subparagraph (B) be-
fore issuance of an order assessing a class II civil pen-
alty under this paragraph, any person who commented
on the proposed assessment may petition, within 30
days after the issuance of such order, the Adminis-
trator or Secretary, as the case may be, to set aside
such order and to provide a hearing on the penalty. If
the evidence presented by the petitioner in support of
the petition is material and was not considered in the
issuance of the order, the Administrator or Secretary
shall immediately set aside such order and provide a
hearing in accordance with subparagraph (B)(ii). If the
Administrator or Secretary denies a hearing under
this clause, the Administrator or Secretary shall pro-
vide to the petitioner, and publish in the Federal Reg-
ister, notice of and the reasons for such denial.
(D) FINALITY OF ORDER.—An order assessing a class II
civil penalty under this paragraph shall become final 30
days after its issuance unless a petition for judicial review
is filed under subparagraph (G) or a hearing is requested
under subparagraph (CXiii)- If such a hearing is denied,
such order shall become final 30 days after such denial.
- (E) EFFECT OF ORDER.—Action taken by the Adminis-
trator or Secretary, as the case may be, under this para-
graph shall not affect or limit the Administrator's or Sec-
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127
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
retards authority to enforce any provision of this Act; ex-
cept that any violation—
(i) with respect to which the Administrator or Sec-
retary has commenced and is diligently prosecuting an
action to assess a class II civil penalty under this
paragraph, or
(ii) for which the Administrator or Secretary has
issued a final order assessing a class II civil penalty
not subject to further judicial review and the violator
has paid a penalty assessed under this paragraph,
shall not be the subject of a civil penalty action under sec-
tion 309(d), 309(g), or 505 of this Act or under paragraph
(7).
(F) EFFECT OF ACTION ON COMPLIANCE.—No action by
the Administrator or Secretary under this paragraph shall
affect any person's obligation to comply with any section of
this Act.
(G) JUDICIAL REVIEW.—Any person against whom a
civil penalty is assessed under this paragraph or who com-
mented on the proposed assessment of such penalty in ac-
cordance with subparagraph (C) may obtain review of such
assessment—
(i) in the case of assessment of a class I civil pen-
alty, in the United States District Court for the Dis-
trict of Columbia or in the district in which the viola-
tion is alleged to have occurred, or
(ii) in the case of assessment of a class II civil
penalty, in United States Court of Appeals for the Dis-
trict of Columbia Circuit or for any other circuit in
which such person resides or transacts business,
by filing a notice of appeal in such court within the 30-day
period beginning on the date the civil penalty order is is-
sued and by simultaneously sending a copy of such notice
by certified mail to the Administrator or Secretary, as the
case may be, and the Attorney General. The Administrator
or Secretary shall promptly file in such court a certified
copy of the record on which the order was issued. Such
court shall not set aside or remand such order unless there
is not substantial evidence in the record, taken as a whole,
to support the finding of a violation or unless the Adminis-
trator's or Secretary's assessment of the penalty con-
stitutes an abuse of discretion and shall not impose addi-
tional civil penalties for the same violation unless the Ad-
ministrator's or Secretary's assessment of the penalty con-
stitutes an abuse of discretion.
(H) COLLECTION.—If any person fails to pay an assess-
ment of a civil penalty—
(i) after the assessment has become final, or
(ii) after a court in an action brought under sub-
paragraph (G) has entered a final judgment in favor of
the Administrator or Secretary, as the case may be,
the Administrator or Secretary shall request the Attorney
General to bring a civil action in an appropriate district
court to recover the amount assessed (plus interest at cur-
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
128
rently prevailing rates from the date of the final order or
the date of the final judgment, as the case may be). In
such an action, the validity, amount, and appropriateness
of such penalty shall not be subject to review. Any person
who fails to pay on a timely basis the amount of an assess-
ment of a civil penalty as described in the first sentence
of this subparagraph shall be required to pay, in addition
to such amount and interest, attorneys fees and costs for
collection proceedings and a quarterly nonpayment penalty
for each quarter during which such failure to pay persists.
Such nonpayment penalty shall be in an amount equal to
20 percent of the aggregate amount of such person's pen-
alties and nonpayment penalties which are unpaid as of
the beginning of such quarter.
(I) SUBPOENAS.—The Administrator or Secretary, as
the case may be, may issue subpoenas for the attendance
and testimony of witnesses and the production of relevant
papers, books, or documents in connection with hearings
under this paragraph. In case of contumacy or refusal to
obey a subpoena issued pursuant to this subparagraph and
served upon any person, the district court of the United
States for any district in which such person is found, re-
sides, or transacts business, upon application by the Unit-
ed States and after notice to such person, shall have juris-
diction to issue an order requiring such person to appear
and give testimony before the administrative law judge or
to appear and produce documents before the administra-
tive law judge, or both, and any failure to obey such order
of the court may be punished by such court as a contempt
thereof.
(7) CIVIL PENALTY ACTION.—
(A) DISCHARGE, GENERALLY.—Any person who is the
owner, operator, or person in charge of any vessel, onshore
facility, or offshore facility from which oil or a hazardous
substance is discharged in violation of paragraph (3), shall
be subject to a civil penalty in an amount up to $25,000
per day of violation or an amount up to $1,000 per barrel
of oil or unit of reportable quantity of hazardous sub-
stances discharged.
(B) FAILURE TO REMOVE OR COMPLY.—Any person de-
scribed in subparagraph (A) who, without sufficient
cause—
(i) fails to properly carry out removal of the dis-
charge under an order of the President pursuant to
subsection (c); or
(ii) fails to comply with an order pursuant to sub-
section (eXD(B);
shall be subject to a civil penalty in an amount up to
$25,000 per day of violation or an amount up to 3 times
the costs incurred by the Oil Spill Liability Trust Fund as
a result of such failure.
(C) FAILURE TO COMPLY WITH REGULATION.—Any per-
son who. fails or refuses to comply with any regulation is-
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129
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
sued under subsection (j) shall be subject to a civil penalty
in an amount up to $25,000 per day of violation.
(D) GROSS NEGLIGENCE.—In any case in which a viola-
tion of paragraph (3) was the result of gross negligence or
willful misconduct of a person described in subparagraph
(A), the person shall be subject to a civil penalty of not less
than $100,000, and not more than $3,000 per barrel of oil
or unit of reportable quantity of hazardous substance dis-
charged.
(E) JURISDICTION.—An action to impose a civil penalty
under this paragraph may be brought in the district court
of the United States for the district in which the defendant
is located, resides, or is doing business, and such court
shall have jurisdiction to assess such penalty.
(F) LIMITATION.—A person is not liable for a civil pen-
alty under this paragraph for a discharge if the person has
been assessed a civil penalty under paragraph (6) for the
discharge.
(8) DETERMINATION OF AMOUNT.—In determining the
amount of a civil penalty under paragraphs (6) and (7), the Ad-
ministrator, Secretary, or the court, as the case may be, shall
consider the seriousness of the violation or violations, the eco-
nomic benefit to the violator, if any, resulting from the viola-
tion, the degree of culpability involved, any other penalty for
the same incident, any history of prior violations, the nature,
extent, and degree of success of any efforts of the violator to
minimize or mitigate the effects of the discharge, the economic
impact of the penalty on the violator, and any other matters
as justice may require.
(9) MITIGATION OF DAMAGE.—In addition to establishing a
penalty for the discharge of oil or a hazardous substance, the
Administrator or the Secretary of the department in which the
Coast Guard is operating may act to mitigate the damage to
the public health or welfare caused by such discharge. The cost
of such mitigation shall be deemed a cost incurred under sub-
section (c) of this section for the removal of such substance by
the United States Government.
(10) RECOVERY OF REMOVAL COSTS.—Any costs of removal
incurred in connection with a discharge excluded by subsection
(a)(2XC) of this section shall be recoverable from the owner or
operator of the source of the discharge in an action brought
under section 309(b) of this Act.
(11) LIMITATION.—Civil penalties shall not be assessed
under both this section and section 309 for the same discharge.
(12)1 WITHHOLDING CLEARANCE.—If any owner, operator, or
person in charge of a vessel is liable for a civil penalty under this
subsection, or if reasonable cause exists to believe that the owner,
operator, or person in charge may be subject to a civil penalty
under this subsection, the Secretary of the Treasury, upon the re-
quest of the Secretary of the department in which the Coast Guard
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
130
1 Indentation to In Uw.
is operating or the Administrator, shall with respect to such vessel
refuse or revoke—
(A) the clearance required by section 4197 of the Revised
Statutes of the United States (46 U.S.C. App. 91);
(B) a permit to proceed under section 4367 of the Revised
Statutes or the United States (46 U.S.C. App. 313); and
(C) a permit to depart required under section 443 of the
Tariff Act of 1930 (19 U.S.C. 1443);
as applicable. Clearance or a permit refused or revoked under this
paragraph may be granted upon the Tiling of a bond or other surety
satisfactory to the Secretary of the department in which the Coast
Guard is operating or the Administrator.
(c) FEDERAL REMOVAL AUTHORITY.—
(1) GENERAL REMOVAL REQUIREMENT.—(A) The President
shall, in accordance with the National Contingency Plan and
any appropriate Area Contingency Plan, ensure effective and
immediate removal of a discharge, and mitigation or preven-
tion of a substantial threat of a discharge, of oil or a hazardous
substance—
(i) into or on the navigable waters;
(ii) on the adjoining shorelines to the navigable wa-
ters;
(iii) into or on the waters of the exclusive economic
zone; or
(iv) that may affect natural resources belonging to, ap-
pertaining to, or under the exclusive management author-
ity of the United States.
(B) In carrying out this paragraph, the President may—
(i) remove or arrange for the removal of a discharge,
and mitigate or prevent a substantial threat of a dis-
charge, at any time;
(ii) direct or monitor all Federal, State, and private ac-
tions to remove a discharge; and
(iii) remove and, if necessary, destroy a vessel dis-
charging, or threatening to discharge, by whatever means
are available.
(2) DISCHARGE POSING SUBSTANTIAL THREAT TO PUBLIC
HEALTH OR WELFARE.—
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131
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
(ii) remove and, if necessary, destroy a vessel discharg-
ing, or threatening to discharge, by whatever means are
available.
(3) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY
PLAN.—(A) Each Federal agency, State, owner or operator, or
other person participating in efforts under this subsection shall
act in accordance with the National Contingency Plan or as di-
rected by the President.
(B) An owner or operator participating in efforts under this
subsection shall act in accordance with the National Contin-
gency Plan and the applicable response plan required under
subsection (j), or as directed by the President, except that the
owner or operator may deviate from the applicable response
plan if the President or the Federal On-Scene Coordinator de-
termines that deviation from the response plan would provide
for a more expeditious or effective response to the spill or miti-
gation of its environmental effects.
(4) EXEMPTION FROM LIABILITY.—
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133
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
134
a vessel or facility, for the reasonable costs incurred for
that removal, from the Oil Spill Liability Trust Fund.
(I) Establishment of criteria and procedures to ensure
immediate and effective Federal identification of, and re-
sponse to, a discharge, or the threat of a discharge, that
results in a substantial threat to the public health or wel-
fare of the United States, as required under subsection
(cX2).
(J) Establishment of procedures and standards for re-
moving a worst case discharge of oil, and for mitigating or
preventing a substantial threat of such a discharge.
(K) Designation of the Federal official who shall be the
Federal On-Scene Coordinator for each area for which an
Area Contingency Plan is required to be prepared under
subsection f"
(L) Establishment of procedures for the coordination of
activities of—
(i) Coast Guard strike teams established under
subparagraph (C);
(ii) Federal On-Scene Coordinators designated
under subparagraph (K);
(Hi) District Response Groups established under
subsection (j); and
(iv) Area Committees established under subsection
(M) A fish and wildlife response plan, developed in
consultation with the United states Fish and Wildlife
Service, the National Oceanic and Atmospheric Adminis-
tration, and other interested parties (including State fish
and wildlife conservation officials), for the immediate and
effective protection, rescue, and rehabilitation of, and the
minimization of risk of damage to, fish and wildlife re-
sources and their habitat that are harmed or that may be
jeopardized by a discharge.
(3) REVISIONS AND AMENDMENTS.—The President may,
from time to time, as the President deems advisable, revise or
otherwise amend the National Contingency Plan.
(4) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY
PLAN.—After publication of the National Contingency Plan, the
removal of oil and hazardous substances and actions to mini-
mize damage from oil and hazardous substance discharges
shall, to the greatest extent possible, be in accordance with the
National Contingency Plan.
(e) CIVIL ENFORCEMENT.—
(1) ORDERS PROTECTING PUBLIC HEALTH.—In addition to
any action taken by a State or local government, when the
President determines that there may be an imminent and sub-
stantial threat to the public health or welfare of the United
States, including fish, shellfish, and wildlife, public and private
property, shorelines, beaches, habitat, and other living and
nonliving natural resources under the jurisdiction or control of
the United States, because of an actual or threatened dis-
charge of oil or a hazardous substance from a vessel or facility
in violation of subsection (b), the President may—
(A) require the Attorney General to secure any relief
from any person, including the owner or operator of the
vessel or facility, as may be necessary to abate such
endangerment; or
(B) after notice to the affected State, take any other
action under this section, including issuing administrative
orders, that may be necessary to protect the public health
and welfare.
(2) JURISDICTION OF DISTRICT COURTS.—The district courts
of the United States shall have jurisdiction to grant any relief
under this subsection that the public interest and the equities
of the case may require.
(fXD Except where an owner or operator can prove that a dis-
charge was caused solely by (A) an act of God, (B) an act of war,
(C) negligence on the part of the United States Government, or (D)
an act or omission of a third party without regard to whether any
such act or omission was or was not negligent, or any combination
of the foregoing clauses, such owner or operator of any vessel from
which oil or a hazardous substance is discharged in violation of
subsection (bX3) 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, in the case of an inland oil barge $125 per gross ton
of such barge, or $125,000, whichever is greater, and in the case
of any other vessel, $150 per gross ton of such vessel (or, for a ves-
sel carrying oil or hazardous substances as cargo, $250,000), which-
ever is greater, 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. 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 ac-
tion 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 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 re-
gard 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 dis-
charged in violation of subsection (bX3) of this section shall be lia-
ble 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 $50,000,000,
except that where the United States can show that such discharge
was the result of willful negligence or willful misconduct within the
privity and knowledge of the owner, such owner or operator shall
be liable to the United States Government for the full amount of
such costs. The United States may bring an action against the
owner or operator of such facility in any court of competent juris-
-------
diction to recover susdi costs. The Administrator is authorized, by
regulation, after consultation with the Secretary of Commerce and
the Small Business Administration, to establish reasonable and eq-
uitable classifications, of those onshore facilities having a total
fixed storage capacity of LOGO barrels or less which he determines
because of size, typo, and location do not present a substantial risk
of the discharge of oil or hazardous substance in violation of sub-
section (bX3) of this section, and apply with respect to such classi-
fications differing limits of liability which may be less than the
amount contained! in this paragraph.
(3) Except where an owner or operator of an onshore facility
can prove that a discharge was caused solely by (A) an act of Goa,
(B) an act of war, (C) negligence on the part of the United States
Government, or (B) an act or omission of a third party without re-
gard 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 dis-
charged in violation of subsection (bX3) of this section shall, not-
withstanding any other provision of law, be liable to the United
States Government for 4n® 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 $50,000,000, except that
where the United States can show that such discharge was the re-
sult of willful negligence or willful misconduct within the privity
and knowledge of the owner, such owner or operator shall be liable
to the United States Government for the full amount of such costs.
The United States may bring an action against the owner or opera-
tor of such facility in any court of competent jurisdiction to recover
such costs.
(4) The costs of removal of oil or a hazardous substance for
which the owner or operator of a vessel or onshore or offshore facil-
ity is liable under subsection (f) of this section shall include any
costs or expenses incurred by fcne Federal Government or any State
government in the restoration or replacement of natural resources
damaged or destroyed as a result of a discharge of oil or a hazard-
ous substance in violation of subsection (b) of this section.
(5) The President, or th® authorized representative of any
State, shall act on behalf of th® public as trustee of the natural re-
sources to recover for the costs of replacing or restoring such re-
sources. Sums recovered shall bs usm to restore, rehabilitate, or
acquire the equivalent of such natural resources by the appropriate
agencies of the Federal Government, or the State government.
(g) Where the owner or operator of a vessel (other than an in-
land oil barge) carrying oil or hazardous substances as cargo or an
onshore or offshore facility which handles or stores oil or hazardous
substances in bulk, from which oil or a hazardous substance is dis-
charged in violation of subsection (b) of this section, alleges that
such discharge was caused solely by an act or omission of a third
party, such owner or operator snail pay to the United States Gov-
ernment the actual costs incurred under subsection (c) for removal
of such oil or substance and shall bs entitled by subrogation to all
rights of fch® Unafesd States Government to recover such costs from
such third party und@r feMs subsection. In any ease where an owner
j^yiperator of © wsssl, off urn omstar® facility, or of am offiehor® facil-
ity, from which oil or a hazardous substance is discharged in viola-
tion of subsection (bX3) of this section, proves that such discharge
of-oil or hazardous substance was caused solely by an act or omis-
sion of a third party, or was caused solely by such an act or omis-
sion in combination with an act of God, an act of war, or negligence
on the part of the United States Government, such third party
shall, not withstanding any other provision of law, be liable to the
United States Government toy the actual costs incurred under sub-
section (c) for removal of such oil or substance by the United States
Government, except where such third party can prove that such
discharge was caused solely by (A) an act of God, (B) an act of war,
(C) negligence on the part of the United States Government, or (D)
an act or omission of another party without regard to whether such
ah act or omission was or was not negligent, or any combination
of the foregoing clauses. If such third party was the owner or oper-
ator of a vessel which caused the discharge of oil or a hazardous
substance in violation of subsection (b)(3) of this section, the liabil-
ity of such third party under this subsection shall not exceed, in
the case of an inland oil barge $125 per gross ton of such barge,
$125,000, whichever is greater, and in the case of any other vessel,
$150 per gross ton of such vessel (or, for a vessel carrying oil or
hazardous substances as cargo, $250,000), whichever is greater. In
any other case the liability of such third party shall not exceed the
limitation which would have been applicable to the owner or opera-
tor 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 hazard-
ous substance in violation of subsection (bX3) of this section was
the result of willful negligence or willful misconduct within the
privity and knowledge of such third party, such third party shall
be liable to the United States Government for the full amount of
such removal costs. The United States may bring an action against
the third party in any court of competent jurisdiction to recover
such removal costs.
(h) The liabilities established by this section shall in no way
affect any rights which (1) the owner or operator of a vessel or of
an onshore facility or an offshore facility may have against any
third party whose acts may in any way have caused or contributed
to sucn discharge, or (2) TheE United States Government may have
against any third party whose actions may in any way have caused
or contributed to the discharge of oil or hazardous substance.
(i) In any case where an owner or operator of a vessel or an
onshore facility or an offshore facility from which oi! or a hazard-
ous substance is discharged in violation of subsection (b)(3) of this
section acts to remove such oil or substance in accordance with reg-
ulations promulgated pursuant to this section, such owner or oper-
ator 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 Claims
Court, that such discharge was caused solely by (A) an act of God,
(B) an act of war, (C) negligence on the part of the United States
Government, or (B) an act or omission of a third party without re-
1 So in law. Should norba capitalised.
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137
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
gard to whether such act or omission was or was not negligent, or
of any combination of the foregoing clauses.
0) NATIONAL RESPONSE SYSTEM.—
(1) IN GENERAL..—Consistent with the National Contin-
gency Plan required by subsection (cX2) 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 naviga-
tion laws (A) establishing methods and procedures 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, and equipment
and other requirements for equipment to prevent discharges of
oil and hazardous substances from vessels and from onshore
facilities and offshore facilities, and to contain such discharges,
and (D) governing the inspection of vessels carrying cargoes of
oil and hazardous substances and the inspection of such car-
goes in order to reduce the likelihood of discharges of oil from
vessels in violation of this section.
(2) NATIONAL RESPONSE UNIT.—The Secretary of the de-
partment in which the Coast Guard is operating shall establish
a National Response Unit at Elizabeth City, North Carolina.
The Secretary, acting through the National Response Unit—
(A) shall compile and maintain a comprehensive com-
puter list of spill removal resources, personnel, and equip-
ment that is available worldwide and within the areas des-
ignated by the President pursuant to paragraph (4), and of
information regarding previous spills, including data from
universities, research institutions, State governments, and
other nations, as appropriate, which shall be disseminated
as appropriate to response groups and area committees,
and which shall be available to Federal and State agencies
and the public;
(B) shall provide technical assistance, equipment, and
other resources requested by a Federal On-Scene Coordi-
nator;
(C) shall coordinate use of private and public person-
nel and equipment to remove a worst case discharge, and
to mitigate or prevent a substantial threat of such a dis-
charge, from a vessel, offshore facility, or onshore facility
operating in or near an area designated by the President
pursuant to paragraph (4);
(D) may provide technical assistance in the prepara-
tion of Area Contingency Plans required under paragraph
(4);
(E) shall administer Coast Guard strike teams estab-
lished under the National Contingency Plan;
(F) shall maintain on file all Area Contingency Plans
approved by the President under this subsection; and
(G) shall review each of those plans that affects its re-
sponsibilities under this subsection.
(3) COAST GUARD DISTRICT RESPONSE GROUPS.—(A) The
Secretary of the department in which the Coast Guard is oper-
ating shall establish in each Coast Guard district a Coast
Guard District Response Group.
(B) Each Coast Guard District Response Group shall con-
sist of—
(i) the Coast Guard personnel and equipment, includ-
ing firefighting equipment, of each port within the district;
(ii) additional prepositioned equipment; and
(iii) a district response advisory staff.
(C) Coast Guard district response groups—
(i) shall provide technical assistance, equipment, and
other resources when required by a Federal On-Scene Co-
ordinator;
(ii) shall maintain all Coast Guard response equip-
ment within its district;
(iii) may provide technical assistance in the prepara-
tion of Area Contingency Plans required under paragraph
(4); and
(iv) shall review each of those plans that affect its area
of geographic responsibility.
(4) AREA COMMITTEES AND AREA CONTINGENCY PLANS.—
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139
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
(iv) list the equipment' (including firefighting equip-
ment), dispersants or other mitigating substances and de-
vices, and personnel available to an owner or operator and
Federal, State, and local agencies, to ensure an effective
and immediate removal of a discharge, and to ensure miti-
gation or prevention of a substantial threat of a discharge;
(v) compile a list of local scientists, both inside and
outside Federal Government service, with expertise in the
environmental effects of spills of the types of oil typically
transported in the area, who may be contacted to provide
information or, where appropriate, participate in meetings
of the scientific support team convened in response to a
spill, and describe the procedures to be followed for obtain-
ing an expedited decision regarding the use of dispersants;
(vi) describe in detail how the plan is integrated into
other Area Contingency Plans and vessel, offshore facility,
and onshore facility response .plans approved under this
subsection, and into operating procedures of the National
Response Unit;
(vii) include any other information the President re-
quires; and
(viii) be updated periodically by the Area Committee.
(D) The President shall—
(i) review and approve Area Contingency Plans under
this paragraph; and
(ii) periodically review Area Contingency Plans so ap-
proved.
(5) TANK VESSEL AND FACILITY RESPONSE PLANS.—(A) The
President shall issue regulations which require an owner or op-
erator of a tank vessel or facility described in subparagraph (B)
to prepare and submit to the President a plan for responding,
to the maximum extent practicable, to a worst case discharge,
and to a substantial threat of such a discharge, of oil or a haz-
ardous substance.
(B) The tank vessels and facilities referred to in subpara-
graph (A) are the following:
(i) A tank vessel, as defined under section 2101 of title
46, United States Code.
(ii) An offshore facility.
(iii) An onshore facility that, because of its location,
could reasonably be expected to cause substantial harm to
the environment by discharging into or on the navigable
waters, adjoining shorelines, or the exclusive economic
zone.
(C) A response plan required under this paragraph shall—
(i) be consistent with the requirements of the National
Contingency Plan and Area Contingency Plans;
(ii) identify the qualified individual having full author-
ity to implement removal actions, and require immediate
communications between that individual and the appro-
priate Federal official and the persons providing personnel
and equipment pursuant to clause (iii);
(iii) identify, and ensure by contract or other means
approved by the President the availability of, private per-
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
140
sonnel and equipment necessary to remove to the maxi-
mum extent practicable a worst case discharge (including
a discharge resulting from fire or explosion), and to miti-
gate or prevent a substantial threat of such a discharge;
(iv) describe the training, equipment testing, periodic
unannounced drills, and response actions of persons on the
vessel or at the facility, to be carried out under the plan
to ensure the safety of the vessel or facility and to mitigate
or prevent the discharge, or the substantial threat of a dis-
charge;
(v) be updated periodically; and
(vi) be resubmitted for approval of each significant
change.
(D) With respect to any response plan submitted under
this paragraph for an onshore facility that, because of its loca-
tion, could reasonably be expected to cause significant and sub-
stantial harm to the environment by discharging into or on the
navigable waters or adjoining shorelines or the exclusive eco-
nomic zone, and with respect to each response plan submitted
under this paragraph for a tank vessel or offshore facility, the
President shall—
(i) promptly review such response plan;
(ii) require amendments to any plan that does not
meet the requirements of this paragraph;
(iii) approve any plan that meets the requirements of
this paragraph; and
(iv) review each plan periodically thereafter.
(E)l A tank vessel, offshore facility, or onshore facility re-
quired to prepare a response plan under this subsection may
not handle, store, or transport oil unless—
(i) in the case of a tank vessel, offshore facility, or on-
shore facility for which a response plan is reviewed by the
President under subparagraph (D), the plan has been ap-
proved by the President; and
(ii) the vessel or facility is operating in compliance
with the plan.
(F) Notwithstanding subparagraph (E), the President may
authorize a tank vessel, offshore facility, or onshore facility to
operate without a response plan approved under this para-
graph, until not later than 2 years after the date of the sub-
mission to the President of a plan for the tank vessel or facil-
ity, if the owner or operator certifies that the owner or opera-
tor has ensured by contract or other means approved by the
President the availability of private personnel and equipment
necessary to respond, to the maximum extent practicable, to a
worst case discharge or a substantial threat of such a dis-
charge.
(G) The owner or operator of a tank vessel, offshore facil-
ity, or onshore facility may not claim as a defense to liability
under title I of the Oil Pollution Act of 1990 that the owner
i Subparagraph (E) of section 311(jX6) ihall lake effect 36 monthi (August 18, 1993) after the
date of the enactment of Public Law 101-380. Sea P.L. 101-380. *ee. 4202
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141
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
or operator was acting in accordance with an approved re-
sponse plan. , ._
(H) The Secretary shall maintain, in the Vessel Identifica-
tion System established under chapter 125 of title 46, United
States Code, the dates of approval and review of a response
plan under this paragraph for each tank vessel that is a vessel
of the United States.
(6) EQUIPMENT REQUIREMENTS AND INSPECTION.—Not later
than 2 years after the date of enactment of this section, the
President shall require— .
(A) periodic inspection of containment booms, skim-
mers, vessels, and other major equipment used to remove
discharges; and
(B) vessels operating on navigable waters and carrying
oil or a hazardous substance in bulk as cargo to carry ap-
propriate removal equipment that employs the best tech-
nology economically feasible and that is compatible with
the safe operation of the vessel.
(7) AREA DRILLS.—The President shall periodically conduct
drills of removal capability, without prior notice, in areas for
which Area Contingency Plans are required under this sub-
section and under relevant tank vessel and facility response
plans. The drills may include participation by Federal, State,
and local agencies, the owners and operators of vessels and fa-
cilities in the area, and private industry. The President may
publish annual reports on these drills, including assessments
of the effectiveness of the plans and a list of amendments
made to improve plans. .
(8) UNITED STATES GOVERNMENT NOT LIABLE.—The United
States Government is not liable for any damages arising from
its actions or omissions relating to any response plan required
by this section.
[Subsection (k) was repealed by sec. 2002(bX2) of P.L. 101-380.]
(1) The President is authorized to delegate the administration
of this section to the heads of those Federal departments, agencies,
and instrumentalities which he determines to be appropriate. Each
such department, agency, and instrumentality, in order to avoid
duplication of effort, shall, whenever appropriate, utilize the per-
sonnel, services, and facilities of other Federal departments, agen-
cies, and instrumentalities.
(m) ADMINISTRATIVE PROVISIONS.—
(1) FOR VESSELS.—Anyone authorized by the President to
enforce the provisions of this section with respect to any vessel
may, except as to public vessels— .
(A) board and inspect any vessel upon the navigable
waters of the United States or the waters of the contiguous
zone,
(B) with or without a warrant, arrest any person who
in the presence or view of the authorized person violates
the provisions of this section or any regulation issued
thereunder, and
(C) execute any warrant or other process issued by an
officer or court of competent jurisdiction.
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
142
(2) FOR FACILITIES.—
(A) RECORDKEEPING.—Whenever required to carry out
the purposes of this section, the Administrator or the Sec-
retary of the Department in which the Coast Guard is op-
erating shall require the owner or operator of a facility to
which this section applies to establish and maintain such
records, make such reports, install, use, and maintain such
monitoring equipment and methods, and provide such
other information as the Administrator or Secretary, as
the case may be, may require to carry out the objectives
of this section.
(B) ENTRY AND INSPECTION.—Whenever required to
carry out the purposes of this section, the Administrator or
the Secretary of the Department in which the Coast Guard
is operating or an authorized representative of the Admin-
istrator or Secretary, upon presentation of appropriate cre-
dentials, may—
(i) enter and inspect any facility to which this sec-
tion applies, including any facility at which any
records are required to be maintained under subpara-
graph (A); and
(ii) at reasonable times, have access to and copy
any records, take samples, and inspect any monitoring
equipment or methods required under subparagraph
(A).
(C) ARRESTS AND EXECUTION OF WARRANTS.—Anyone
authorized by the Administrator or the Secretary of the de-
partment in which the Coast Guard is operating to enforce
the provisions of this section with respect to any facility
may—
(i) with or without a warrant, arrest any person
who violates the provisions of this section or any regu-
lation issued thereunder in the presence or view of the
person so authorized; and
(ii) execute any warrant or process issued by an
officer or court of competent jurisdiction.
(D) PjUBLlC ACCESS.—Any records, reports, or informa-
tion obtained under this paragraph shall be subject to the
same public access and disclosure requirements which are
applicable to records, reports, and information obtained
pursuant to section 308.
(n) The several district courts of the United States are invested
with jurisdiction for any actions, other than actions pursuant to
subsection (iXD, arising under this section. In the case of Guam
and the Trust Territory of the Pacific Islands, such actions 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 Vir-
gin Islands. In the case of American Samoa and the Trust Territory
of the Pacific Islands, such actions may be brought in the District
Court of the United States for the District of Hawaii and such
court shall have jurisdiction of such actions. In the case of the
Canal Zone, such actions may be brought in the United States Dis-
trict Court for the District of the Canal Zone.
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143
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 312
(oKD Nothing in this section shall affect or modify in any way
the obligations of any owner or operator of any vessel, or of any
owner or operator of any onshore facility or offshore facility to any
person or agency under any provision of law for damages to any
publicly owned or privately owned property resulting from a dis-
charge of any oil or hazardous substance or from the removal of
any such oil or hazardous substance.
(2) Nothing in this section shall be construed as preempting
any State or political subdivision thereof from imposing any re-
quirement or liability with respect to the discharge of oil or hazard-
ous substance into any waters within such State, or with respect
to any removal activites related to such discharge.
(3) Nothing in this section shall be construed as affecting or
modifying 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.
[Subsection (p) was repealed by sec. 2002(b)(4) of Public Law
101-380, 104 Stat. 507.]
(q) The President is authorized to establish, with repect to any
class or category of onshore or offshore facilities, a maximum limit
of liability under subsections (fX2) and (3) of this section of less
than $50,000,0000, but not less than, $8,000,000.
(r) Nothing in this section shall be construed to impose, or au-
thorize the imposition of any limitation on liability under the Outer
Continental Shelf Lands Act or the Deepwater Port Act of 1974.
(a) The Oil Spill Liability Trust Fund established under section
9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall
be available to carry out subsections (b), (c), (d), (j), and (1) as those
subsections apply to discharges, and substantial threats of dis-
charges, of oil. Any amounts received by the United States under
this section shall be deposited in the Oil Spill Liability Trust Fund.
(33 U.S.C. 1321)
MARINE SANITATION DEVICES
SEC. 312. (a) For the purpose of this section, the term—
(1) "new vessel" includes every description of watercraft or
other artificial contrivance used, or capable of being used, as
a means of transportation on the navigable waters, the con-
struction of which is initiated after promulgation of standards
and regulations under this section;
(2) "existing vessel" includes every description of
watercraft or other artificial contrivance used, or capable of
being used, as a means of transportation on the navigable wa-
ters, the construction of which is initiated before promulgation
of standards and regulations under this section;
(3) "public vessel" means a vessel owned or bareboat char-
tered ana operated by the United States, by a State or political
subdivision thereof, or by a foreign nation, except when such
vessel is engaged in commerce;
(4) "United States" includes the States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Sec. 312
FEDERAL WATER POLLUTION CONTROL ACT
144
Guam, American Samoa, the Canal Zone, and the Trust Terri-
tory of the Pacific Islands;
(5) "marine sanitation device" includes any equipment for
installation on board a vessel which is designed to receive, re-
tain, 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 except that, with respect to commercial vessels on
the Great Lakes, such term shall include graywater;
(7) "manufacture" means any person engaged in the manu-
facturing, assembling, or importation of marine sanitation de-
vices or of vessels subject to standards and regulations promul-
gated under this section;
(8) "person" means an individual, partnership, firm, cor-
poration, association, or agency of the United States, but does
not include an individual on board a public vessel;
(9) "discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping;
(10) "commercial vessels" means those vessels used in the
business of transporting property for compensation or hire, or
in transporting property in the business of the owner, lessee,
or operator of the vessel;
(11) "graywater" means galley, bath, and shower water;
(12) "discharge incidental to the normal operation of a ves-
sel"—
(A) means a discharge, including—
(i) graywater, bilge water, cooling water, weather
deck runoff, ballast water, oil water separator effluent,
and any other pollutant discharge from the operation
of a marine propulsion system, shipboard maneuver-
ing system, crew habitability system, or installed
major equipment, such as an aircraft carrier elevator
or a catapult, or from a protective, preservative, or ab-
sorptive application to the hull of the vessel; and
(ii) a discharge in connection with the testing,
maintenance, and repair of a system described in
clause (i) whenever the vessel is waterbome; and
(B) does not include—
(i) a discharge of rubbish, trash, garbage, or other
such material discharged overboard;
(ii) an air emission resulting from the operation of
a vessel propulsion system, motor driven equipment,
or incinerator; or
(iii) a discharge that is not covered by part 122.3
of title 40, Code of Federal Regulations (as in effect on
the date of the enactment of subsection (n));
(13) "marine pollution control device" means any equip-
ment or management practice, for installation or use on board
a vessel of the Armed Forces, that is—
(A) designed to receive, retain, treat, control, or dis-
charge a discharge incidental to the normal operation of a
vessel; and
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145
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 312
(B) determined bv the Administrator and the Sec-
retary of Defense to be the most effective equipment or
management practice to reduce the environmental impacts
of the discharge consistent with the considerations set
forth in subsection (nX2XB); and
(14) "vessel of the Armed Forces" means—
(A) any vessel owned or operated by the Department
of Defense, other than a time or voyage chartered vessel;
and
(B) any vessel owned or operated by the Department
of Transportation that is designated by the Secretary of
the department in which the Coast Guard is operating as
a vessel equivalent to a vessel described in subparagraph
(A).
(bXl) As soon as possible, after the enactment of this section
and subject to the provisions of section 104(j) of this Act, the Ad-
ministrator, after consultation with the Secretary of the depart-
ment in which the Coast Guard is operating, after giving appro-
priate consideration to the economic costs involved, and within the
limits of available technology, shall promulgate Federal standards
of performance for marine sanitation devices (hereinafter in this
section referred to as "standards") which shall be designed to pre-
vent 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 installed toilet facilities.
Such standards and standards established under subsection
(cXIXB) of this section shall be consistent with maritime safety and
the marine and navigation laws and regulations and shall be co-
ordinated with the regulations issued under this subsection by the
Secretary of the department in which the Coast Guard is operating.
The Secretary of the department in which the Coast Guard is oper-
ating shall promulgate regulations, which are consistent with
standards promulgated under this subsection and subsection (c) of
this section and with maritime safety and the marine and naviga-
tion laws and regulations governing the design, construction, in-
stallation, and operation of any marine sanitation device on board
such vessels.
(2) Any existing vessel equipped with a marine sanitation de-
vice on the date of promulgation of initial standards and regula-
tions under this section, which device is in compliance with such
initial standards and regulations, shall be deemed in compliance
with this section until such time as the device is replaced or is
found not to be in compliance with such initial standards and regu-
lations.
(cXIXA) Initial standards and regulations under this section
shall become effective for new vessels two years after promulgation;
and for existing vessels five years alter promulgation. Revisions of
standards and regulations shall be effective upon promulgation, un-
less another effective date is specified, except that no revision shall
take effect before the effective date of the standard or regulation
being revised.
(B) The Administrator shall, with respect to commercial vessels
on the Great Lakes, establish standards which require at a mini-
mum the equivalent of secondary treatment as defined under sec-
Sec. 312
FEDERAL WATER POLLUTION CONTROL ACT
146
tion 304(d) of this Act. Such standards and regulations shall take
effect for existing vessels after such time as the Administrator de-
termines to be reasonable for the upgrading of marine sanitation
devices to attain such standard.
(2) The Secretary of the department in which the Coast Guard
is operating with regard to his regulatory authority established by
this section, after consultation with the Administrator, may distin-
guish among classes, types, and sizes of vessels as well as between
new and existing vessels, and may waive applicability of standards
and regulations as necessary or appropriate for such classes, types,
and sizes of vessels (including existing vessels equipped with ma-
rine sanitation devices on the date of promulgation of the initial
standards required by this section), and, upon application, for indi-
vidual 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 vessels owned and operated by the Department of De-
fense, regulations under the last sentence of subsection (bXl) of
this section and certifications under subsection (gX2) 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 depart-
ment in which the Coast Guard is operating shall consult with the
Secretary of State; the Secretary of Health, Education, and Wel-
fare; the Secretary of Defense; the Secretary of the Treasury; the
Secretary of Commerce; other interested Federal agencies; and the
States and industries interested; and otherwise comply with the re-
quirements of section 553 of title 5 of the United States Code.
(fXD(A) Except as provided in subparagraph (B), after the ef-
fective date of the initial standards and regulations 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 subject to the
provisions of this section.
(B) A State may adopt and enforce a statute or regulation with
respect to the design, manufacture, or installation or use of any
marine sanitation device on a houseboat, if such statute or regula-
tion is more stringent than the standards and regulations promul-
gated under this section. For purposes of this paragraph, the term
"houseboat" means a vessel which, for a period of time determined
by the State in which the vessel is located, is used primarily as a
residence and is not used primarily as a means of transportation.
(2) If, after promulgation of the initial standards and regula-
tions and prior to their effective date, a vessel is equipped with 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 sub-
section, become effective with respect to such vessel on the date of
such compliance.
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(3) 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 Skate 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 nantsl the Administrator deter-
mines that adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels sure reasonably available
for such water to which such prohibition would apply. Upon appli-
cation of the State, the Administrator shall make such determina-
tion within 90 days of the date of such application.
(4XA) If the Administrator determines upon application by a
State that the protection and enhancement of the quality of speci-
fied 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.
(B) Upon application by a State, the Administrator, shall, by
regulation, establish a drinking water intake zone in any waters
within such State and prohibit the discharge of sewage from ves-
sels within that zone.
(g)(l) No manufacturer of a marine sanitation device shall sell,
offer for sale, or introduce or deliver for introduction in interstate
commerce, or import into the United States for sale or resale any
marine sanitation device manufactured after the effective date of
the standards and regulations promulgated under this section un-
less such device is in all material respects substantially the same
as a test device certified under this subsection.
(2) Upon application of the manufacturer, the Secretary of the
department in which the Coast Guard is operating shall so certify
a marine sanitation device if he determines, in accordance with the
provisions of this paragraph, that it meets the appropriate stand-
ards and regulations promulgated under this section. The Secretary
of the department in which the Coast Guard is operating shall test
or require such testing of the device in accordance with procedures
set forth by the Administrator as to standards of performance and
for such other purposes as may be appropriate. If the Secretary of
the department in which the Coast Guard is operating determines
that the device is satisfactory from the standpoint of safety and
any other requirements of maritime law or regulation, and after
consideration of the design, installation, operation, material, or
other appropriate factors, he shall certify tne device. Any device
manufactured by such manufacturer which is in all material re-
spects 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 operating may reasonably require to enable him to
determine whether such manufacturer has acted or is acting in
compliance with tMs secMon and regulations issued thereunder and
shall, upon request of sm cfficerw employee duly designated by the
or tibe Ssoratery of the department m which
loe.
Coast Guard is operating, permit such officer or employee at rea-
sonable times to nave access to and copy such records. All informa-
tion reported to or otherwise obtained by the Administrator 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 in section 1905
of title 18 of the United States Code shall be considered confiden-
tial for the purpose of that section, except that such information
may be_disclpsed to other officers or employees concerned with car-
rying 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 pro-
mulgated under this section, it shall be unlawful—
(1) for the manufacturer of any vessel subject to such
standards 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 appro-
priate test device certified pursuant to this section;
(2) 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 cer-
tified marine sanitation device or element of design of such de-
vice installed in such vessel;
(3) for any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide infor-
mation required under this section; and
(4) for a vessel subject to such standards and regulations
to operate on the navigable waters of the United States,'if such
vessel is not equipped with an operable marine sanitation de-
vice certified pursuant to this section.
(i) The district courts of the United States shall have jurisdic-
tions to restrain violations of subsection (gXD of this section and
subsections (hXD through (3) of this section. Actions to restrain
such violations shall be brought by, and in, the name of the United
States. In case of 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 re-
sides or transacts business, upon application by the United States
and after notice to such person, shall have jurisdiction to issue an
order requiring such person to appear and give testimony or to ap-
pear and produce documents, and any failure to obey such order of
the court may be punished by such court as a contempt thereof.
(i) Any person who violates subsection (gXD, clause (1) or (2)
of subsection (h), or subsection (nX8) shall be liable to a civil pen-
alty of not more than $5,000 for each violation. Any person who
violates clause (4) of subsection (h) of this section or any regulation
issued pursuant to this section shall be liable to a civil penalty of
not more than $2,000 for each violation. Each violation shall be a
separate offense. The 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
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149
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 312
amount agreed upon in compromise, the gravity of the violation,
and the demonstrated good faith of the person charged in attempt-
ing to achieve rapid compliance, after notification of a violation,
shall be considered by said Secretary.
(k) 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 Ad-
ministrator, other Federal agencies, or the States to carry out the
provisions of this section. The provisions of this section may also
be enforced by a State.
(1) Anyone authorized by the Secretary of the department in
which the Coast Guard is operating to enforce the provisions of this
section may, except as to public vessels, (1) board and inspect any
vessel upon the navigable waters of the United States and (2) exe-
cute 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 Pa-
cific 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.
(n) UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS
OF THE ARMED FORCES.—
(1) APPLICABILITY.—This subsection shall apply to vessels
of the Armed Forces and discharges, other than sewage, inci-
dental to the normal operation of a vessel of the Armed Forces,
unless the Secretary or Defense finds that compliance with this
subsection would not be in the national security interests of
the United States.
(2) DETERMINATION OF DISCHARGES REQUIRED TO BE CON-
TROLLED BY MARINE POLLUTION CONTROL DEVICES.—
(A) IN GENERAL.—The Administrator and the Sec-
retary of Defense, after consultation with the Secretary of
the department in which the Coast Guard is operating, the
Secretary of Commerce, and interested States, shall jointly
determine the discharges incidental to the normal oper-
ation of a vessel of the Armed Forces for which it is rea-
sonable and practicable to require use of a marine pollu-
tion control device to mitigate adverse impacts on the ma-
rine environment. Notwithstanding subsection (aXD of sec-
tion 653 of title 5, United States Code, the Administrator
and the Secretary of Defense shall promulgate the deter-
minations in accordance with such section. The Secretary
of Defense shall require the use of a marine pollution con-
trol device on board a vessel of the Armed Forces in any
case in which it is determined that the use of such a device
ia reasonable and practicable.
Sec. 312
FEDERAL WATER POLLUTION CONTROL ACT
ISO
(B) CONSIDERATIONS.—In making a determination
under subparagraph (A), the Administrator and the Sec-
retary of Defense shall take into consideration—
(i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using the marine pollu-
tion control device;
(iv) the effect that installation or use of the ma-
rine pollution control device would have on the oper-
ation or operational capability of the vessel;
(v) applicable United States law;
(vi) applicable international standards; and
(vii) the economic costs of the installation and use
of the marine pollution control device.
(3) PERFORMANCE STANDARDS FOR MARINE POLLUTION CON-
TROL DEVICES.—
(A) IN GENERAL.—For each discharge for which a ma-
rine pollution control device is determined to be required
under paragraph (2), the Administrator and the Secretary
of Defense, in consultation with the Secretory of the de-
partment in which the Coast Guard is operating, the Sec-
retary of State, the Secretary of Commerce, other inter-
ested Federal agencies, and interested States, shall jointly
promulgate Federal standards of performance for each ma-
rine pollution control device required with respect to the
discharge. Notwithstanding subsection (a)(l) of section 553
of title 5, United States Code, the Administrator and the
Secretory of Defense shall promulgate the standards in ac-
cordance with such section.
(B) CONSIDERATIONS.—In promulgating standards
under this paragraph, the Administrator and the Secretory
of Defense shall take into consideration the matters set
forth in paragraph (2MB).
(C) CLASSES, TYPES, AND SIZES OF VESSELS.—The
standards promulgated under this paragraph may—
(i) distinguish among classes, types, and sizes of
vessels',
(ii) distinguish between new and existing vessels;
and
(iii) provide for a waiver of the applicability of the
standards as necessary or appropriate to a particular
class, type, age, or size of vessel.
(4) REGULATIONS FOR USE OF MARINE POLLUTION CONTROL
DEVICES.—The Secretory of Defense, after consultation with
the Administrator and the Secretary of the department in
which the Coast Guard is operating, shall; promulgate such
regulations governing the design, construction, installation,
and use of marine pollution control devices on board vessels of
the Armed Forces as are necessary to achieve the standards
promulgated under paragraph (3).
(5) DEADLINES; EFFECTIVE DATE.—
(A) DETERMINATIONS.—The Administrator and the
Secretary of Defense shall—
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151
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 312
(i) make the initial determinations under para-
graph (2) not later than 2 years after the date of the
enactment of this subsection; and
(ii) every 5 years—
(I) review the determinations; and
(II) if necessary, revise the determinations
based on significant new information.
(B) STANDARDS.—The Administrator and the Secretary
of Defense shall—
(i) promulgate standards of performance for a ma-
rine pollution control device under paragraph (3) not
later than 2 years after the date of a determination
under paragraph (2) that the marine pollution control
device is required; and
(ii) every 5 years—
(I) review the standards; and
(II) if necessary, revise the standards, consist-
ent with paragraph (3KB) and based on significant
new information.
(C) REGULATIONS.—The Secretary of Defense shall
promulgate regulations with respect to a marine pollution
control device under paragraph (4) as soon as practicable
after the Administrator and the Secretary of Defense pro-
mulgate standards with respect to the device under para-
graph (3), but not later than 1 year after the Adminis-
trator and the Secretary of Defense promulgate the stand-
ards. The regulations promulgated by the Secretary of De-
fense under paragraph (4) shall become effective upon pro-
mulgation unless another effective date is specified in the
regulations.
(D) PETITION FOR REVIEW.—The Governor of any State
may submit a petition requesting that the Secretary of De-
fense and the Administrator review a determination under
paragraph (2) or a standard under paragraph (3), if there
is significant new information, not considered previously,
that could reasonably result in a change to the particular
determination or standard after consideration of the mat-
ters set forth in paragraph (2KB). The petition shall be ac-
companied by the scientific and technical information on
which the petition is based. The Administrator and the
Secretary of Defense shall grant or deny the petition not
later than 2 years after the date of receipt of the petition.
(6) EFFECT ON OTHER LAWS.—
(A) PROHIBITION ON REGULATION BY STATES OR POLITI-
CAL SUBDIVISIONS OF STATES.—Beginning on the effective
date of—
(i) a determination under paragraph (2) that it is
not reasonable and practicable to require use of a ma-
rine pollution control device regarding a particular dis-
charge incidental to the normal operation of a vessel
of the Armed Forces; or
(ii) regulations promulgated by the Secretary of
Defense under paragraph (4);
S8C. 312
FEDERAL WATER POLLUTION CONTROL ACT
152
except as provided in paragraph (7), neither a State nor a
political subdivision of a-State may adopt or enforce any
statute or regulation of the State or political subdivision
with respect to the discharge or the design, construction,
installation, or use of any marine pollution control device
required to control discharges from a vessel of the Armed
Forces.
(B) FEDERAL LAWS.—This subsection shall not affect
the application of section 311 to discharges incidental to
the normal operation of a vessel.
(7) ESTABLISHMENT OF STATE NO-DISCHARGE ZONES.—
(A) STATE PROHIBITION.—
(i) IN GENERAL.—After the effective date of—
(I) a determination under paragraph (2) that
it is not reasonable and practicable to require use
of a marine pollution control device regarding a
particular discharge incidental to the normal oper-
ation of a vessel of the Armed Forces; or
(II) regulations promulgated by the Secretary
of Defense under paragraph (4);
if a State determines that the protection and enhance-
ment of the quality of some or all of the waters within
the State require greater environmental protection,
the State may prohibit 1 or more discharges incidental
to the normal operation of a vessel, whether treated or
not treated, into the waters. No prohibition shall apply
until the Administrator makes the determinations de-
scribed in subclauses (II) and (III) of subparagraph
(BXi).
(ii) DOCUMENTATION.—To the extent that a prohi-
bition under this paragraph would apply to vessels of
the Armed Forces and not to other types of vessels,
the State shall document the technical or environ-
mental basis for the distinction.
(B) PROHIBITION BY THE ADMINISTRATOR.—
(i) IN GENERAL.—Upon application of a State, the
Administrator shall by regulation prohibit the dis-
charge from a vessel of 1 or more discharges incidental
to the normal operation of a vessel, whether treated or
not treated, into the waters covered by the application
if the Administrator determines that—
(I) the protection and enhancement of the
quality of the specified waters within the State re-
quire a prohibition of the discharge into the wa-
ters;
(II) adeauate facilities for the safe and sani-
tary removal of the di8charge,-ihcidental to the
normal operation of a vessel aite reasonably avail-
able for the waters to which the prohibition would
apply; and *• -'
(HI) the prohibition will not have the effect of
discriminating against a vessel of the Armed
- Forces by reason of the ownership or operation by
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 313
the Federal Government, or the military function,
of the vessel.
(ii) APPROVAL OR DISAPPROVAL.—The Adminis-
trator shall approve or disapprove an application sub-
mitted under clause (i) not later than 90 days after the
date on which the application is submitted to the Ad-
ministrator. Notwithstanding clause (iXH), the Admin-
istrator shall not disapprove an application for the
sole reason that there are not adequate facilities to re-
move any discharge incidental to the normal operation
of a vessel from vessels of the Armed Forces.
(C) APPLICABILITY TO FOREIGN FLAGGED VESSELS.—A
prohibition under this paragraph—
(i) shall not impose any design, construction, man-
ning, or equipment standard on a foreign flagged ves-
sel engaged in innocent passage unless the prohibition
implements a generally accepted international rule or
standard: and
(ii) that relates to the prevention, reduction, and
control of pollution shall not apply to a foreign flagged
vessel engaged in transit passage unless the prohibi-
tion implements an applicable international regulation
regarding the discharge of oil, oily waste, or any other
noxious substance into the waters.
(8) PROHIBITION RELATING TO VESSELS OF THE ARMED
FORCES.—After the effective date of the regulations promul-
Eted by the Secretary of Defense under paragraph (4), it shall
unlawful for any vessel of the Armed Forces subject to the
regulations to—
(A) operate in the navigable waters of the United
States or the waters of the contiguous zone, if the vessel
is not equipped with any required marine pollution control
device meeting standards established under this sub-
section; or
(B) discharge overboard any discharge incidental to
the normal operation of a vessel in waters with respect to
which a prohibition on the discharge has been established
under paragraph (7).
(9) ENFORCEMENT.—This subsection shall be enforceable,
as provided in subsections (i) and (k), against any agency of the
United States responsible tor vessels of the Armed Forces not-
withstanding any immunity asserted by the agency.
(33 U.S.C. 1322)
FEDERAL FACILITIES POLLUTION CONTROL
SEC. 313. (a) Each department, agency, or instrumentality of
the executive, legislative, and judicial branches of the Federal Gov-
ernment (1) having jurisdiction over anv property or facility, or (2)
engaged in any activity resulting, or which may result, in the dis-
charge or runoff of pollutants, and each officer, agent, or employee
thereof in the performance of his official duties, shall be subject to,
and comply with, all Federal, State, interstate, and local require-
ments, administrative authority, and process and sanctions respect-
Sec. 313
FEDERAL WATER POLLUTION CONTROL ACT
154
ing the control and abatement of water pollution in the same man-
ner, and to the same extent as any nongovernmental entity includ-
ing the payment of reasonable service charges. The preceding sen-
tence shall apply (A) to any requirement whether substantive or
procedural (including any recordkeeping or reporting requirement,
any requirement respecting permits and any other requirement,
whatsoever), (B) to the exercise of any Federal, State, or local ad-
ministrative authority, and (C) to any process and sanction, wheth-
er enforced in Federal. State, or local courts or in any other man-
ner. This subsection shall apply notwithstanding any immunity of
such agencies, officers, agents, or employees under any law or rule
of law. Nothing in this section shall be construed to prevent any
department, agency, or instrumentality of the Federal Government,
or any officer, agent, or employee thereof in the performance of his
official duties, from removing to the appropriate Federal district
court any proceeding to which the department, agency, or instru-
mentality or officer, agent, or employee thereof is subject pursuant
to this section, and any such proceedingmay be removed in accord-
ance with 28 U.S.C. 1441 et seq. No officer, agent, or employee of
the United States shall be personally liable for any civil penalty
arising from the performance of his official duties, for which he is
not otherwise liable, and the United States shall be liable only for
those civil penalties arising under Federal law or imposed by a
State or local court to enforce an order or the process of such court.
The President may exempt any effluent source of any department,
agency, or instrumentality in the executive branch from compliance
with any such a requirement if he determines it to be in the para-
mount interest of the United States to do so; except that no exemp-
tion may be granted from the requirements of section 306 or 307
of this Act. No such exemptions shall be granted due to lack of ap-
propriation unless the President shall have specifically requested
such appropriation as a part of the budgetary process and the Con-
gress snail nave failed to make available such requested appropria-
tion. Any exemption shall be for a period not in excess of one year,
but additional exemptions may be granted for periods of not to ex-
ceed one year upon the President's making a new determination.
The President shall report each January to the Congress all exemp-
tions from the requirements of this section granted during the pre-
ceding calendar year, together with his reason for granting such ex-
emption. In addition to any such exemption of a particular effluent
source, the President may, if he determines it to be in the para-
mount interest of the United States to do so, issue regulations ex-
empting from compliance with the requirements of this section any
weaponry, equipment, aircraft, vessels, vehicles, or other classes or
categories of property, and access to such property, which are
owned or operated by the Armed Forces of the United States (in-
cluding the Coast Guard) or by the National Guard of any State
and which are uniquely military in nature. The President shall re-
consider the need for such regulations at three-year intervals.
(bXD The Administrator shall coordinate with the head of each
department, agency, or instrumentality of the Federal Government
having jurisdiction over any property or facility utilizing federally
owned waste water facilities to develop a program of cooperation for
utilizing wastewater control systems utilizing those innovative
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155
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 314
treatment processes and techniques for which guidelines have been
promulgated under section 304(dX3). Such program shall include
an inventory of property and facilities which could utilize such
processes and techniques.
(2) Construction shall not be initiated for facilities for treat-
ment of wastewater at any Federal property or facility after Sep-
tember 30, 1979, if alternative methods for wastewater treatment
at such property or facility utilizing innovative treatment processes
and techniques, including but not limited to methods utilizing recy-
cle and reuse techniques and land treatment are not utilized, un-
less the life cycle cost of the alternative treatment works exceeds
the life cycle cost of the most cost effective alternative by more
than 15 per centum. The Administrator may waive the application
of this paragraph in any case where the Administrator determines
it to be in the public interest, or that compliance with this para-
graph would interfere with the orderly compliance with the condi-
tions of a permit issued pursuant to section 402 of this Act.
(33 U.S.C. 1323)
CLEAN LAKES
SEC. 314. (a) ESTABLISHMENT AND SCOPE OF PROGRAM.—
(1) STATE PROGRAM REQUIREMENTS.—Each State on a bien-
nial basis shall prepare and submit to the Administrator for
his approval—
(A) an identification and classification according to eu-
trophic condition of all publicly owned lakes in such State;
(B) a description of procedures, processes, and meth-
ods (including land use requirements), to control sources of
pollution of such lakes;
(C) a description of methods and procedures, in con-
junction with appropriate Federal agencies, to restore the
quality of such lakes;
(D) methods and procedures to mitigate the harmful
effects of high acidity, including innovative methods of
neutralizing and restoring buffering capacity of lakes and
methods of removing from lakes toxic metals and other
toxic substances mobilized by high acidity;
(E) a list and description of those publicity owned
lakes in such State for which uses are known to be im-
paired, including those lakes which are known not to meet
applicable water quality standards or which require imple-
mentation of control programs to maintain compliance
with applicable standards and those lakes in which water
quality has deteriorated as a result of high acidity that
may reasonably be due to acid deposition; and
(F) an assessment of the status and trends of water
quality in lakes in such State, including but not limited to,
the nature and extent of pollution loading from point and
nonpoint sources and the extent to which the use of lakes
is impaired as a result of such pollution, particularly with
respect to toxic pollution.
(2) SUBMISSION AS PART OF sowbxi) REPORT.—The infonna-
required under paragraph (1) shall be included in the re-
Sec. 314
FEDERAL WATER POLLUTION CONTROL ACT
156
port required under section 305(b)(l) of this Act, beginning
with the report required under such section by April 1, 1988.
(3) REPORT OF ADMINISTRATOR.—Not later than 180 days
after receipt from the States of the biennial information re-
quired under paragraph (1), the Administrator shall submit to
the Committee on Public Works and Transportation of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a report on the status of water
quality in lakes in the United States, including the effective-
ness of the methods and procedures described in paragraph
(1MB).
(4) ELIGIBILITY REQUIREMENT.—Beginning after Apnl 1,
1988, a State must have submitted the information required
under paragraph (1) in order to receive grant assistance under
this section.
(b) The Administrator shall provide financial assistance to
States in order to carry out methods and procedures approved by
him under subsection (a) of this section. The Administrator shall
provide financial assistance to States to prepare the identification
and classification surveys required in subsection (aXD of this sec-
tion.
(c)(l) The amount granted to any State for any fiscal year
under subsection (b) of this section shall not exceed 70 per centum
of the funds expended by such State in such year for carrying out
approved methods and procedures under subsection (a) of this sec-
tion.
(2) 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; $150,000,000 for the fiscal year 1975, $50,000,000 for fiscal
year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal
year 1979, $60,000,000 for fiscal year 1980, $30,000,000 for fiscal
year 1981, $30,000,000 for fiscal year 1982, such sums as may be
necessary for fiscal years 1983 through 1985, and $30,000,000 per
fiscal year for each of the fiscal years 1986 through 1990 for grants
to States under subsection (b) of 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 ap-
proved methods and procedures under subsection (a) of this section.
(d) DEMONSTRATION PROGRAM.—
(1) GENERAL REQUIREMENTS.—The Administrator is au-
thorized and directed to establish and conduct at locations
throughout the Nation a lake water quality demonstration pro-
gram. The program shall, at a minimum—
(A) develop cost effective technologies for the control of
pollutants to preserve or enhance lake water quality while
optimizing multiple lakes uses;
(B) control nonpoint sources of pollution which are
contributing to the degradation of water quality in lakes;
(C) evaluate the feasibility of implementing regional
consolidated pollution control strategies;
(D) demonstrate environmentally preferred techniques
for the removal and disposal of contaminated lake sedi-
ments;
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157
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 314
(E) develop improved methods for the removal of silt,
stumps, aquatic growth, and other obstructions which im-
pair the quality of lakes;
(F) construct and evaluate silt traps and other devices
or equipment to prevent or abate the deposit of sediment
in lakes; and
(G) demonstrate the costs and benefits of utilizing
dredged material from lakes in the reclamation of de-
spoiled land.
(2) GEOGRAPHICAL REQUIREMENTS.—Demonstration
projects authorized by this subsection shall be undertaken to
reflect a variety of geographical and environmental conditions.
As a priority, the Administrator shall undertake demonstration
projects at Lake Champlain, New York and Vermont: Lake
Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and
Belcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon
Lake, New Jersey; Gorton's Pond, Rhode Island; Lake Wash-
ington, Rhode Island; Lake Bomoseen, Vermont; Sauk Lake,
Minnesota; and Lake worth, Texas.
(3) REPORTS.—By January 1, 1997. and January 1 of every
odd-numbered year thereafter, the Administrator shall report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate on work undertaken pursuant
to this subsection. Upon completion of the program authorized
by this subsection, the Administrator shall submit to such com-
mittees a final report on the results of such program, along
with recommendations for further measures to improve the
water quality of the Nation's lakes.
(4) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There is authorized to be appro-
priated to carry out this subsection not to exceed
$40,000,000 for fiscal years beginning after September 30,
1986, to remain available until expended.
(B) SPECIAL AUTHORIZATIONS.—
(i) AMOUNT.—There is authorized to be appro-
priated to carry out subsection (b) with respect to sub-
section (aXlXD) not to exceed $15,000,000 for fiscal
years beginning after September 30, 1986, to remain
available until expended.
(ii) DISTRIBUTION OF FUNDS.—The Administrator
shall provide for an equitable distribution of sums ap-
propriated pursuant to this subparagraph among
States carrying out approved methods and procedures.
Such distribution shall be based on the relative needs
of each such State for the mitigation of the harmful ef-
fects on lakes and other surface waters of high acidity
that may reasonably be due to acid deposition or acid
mine drainage.
(iii) GRANTS AS ADDITIONAL ASSISTANCE.—The
amount of any grant to a State under this subpara-
graph shall be in addition to, and not in lieu of, any
other Federal financial assistance.
(33 U.S.C. 1324)
Sec. 315
FEDERAL WATER POLLUTION CONTROL ACT
158
NATIONAL STUDY COMMISSION
SEC. 315. (a) There is established a National Study Con»r*8-
sion, 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 achieving, the effluent limitations and goals set forth for 1983
in section 30 l(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
members of the House, who are members of the Public Works com-
mittee, 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 Na-
tional Academy of Engineering (acting through the National Re-
search Council), the National Institute of Ecology, Brookings Insti-
tution, and other nongovernmental entities, for the investigation of
matters within their competence.
(d) The heads of the departments, agencies and instrumental-
ities of the executive branch of the Federal Government shall co-
operate with the Commission in carrying out the requirements of
this section, and shall furnish to the Commission such information
as the Commission 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.
(0 The members of the Commission who are not officers or em-
ployees of the United States, while attending conferences or meet-
ings of the Commission or while otherwise serving at the request
of 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 pro-
vided in the General Schedule under section 5332 of title V of the
United States Code, including trayeltime and while away from
their homes or regular places of business they may be allowed trav-
el expenses, including per diem in lieu of subsistence as authorized
by law (5 U.S.C. 73b»-2) for persons in the Government service em-
ployed intermittently.
(g) In addition to authority to appoint personnel subject to the
provisions of title 5, United States Code, governing appointments
in the competitive service, and to pay such personnel in accordance
with the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule pay
rates, the Commission shall have authority to enter into contracts
with private or public organizations who shall furnish the Commis-
sion with such administrative and technical personnel as may be
necessary to carry out the purpose of this section. Personnel fur-
nished by such organizations under this subsection are not, and
shall not be considered to be, Federal employees for any purposes,
but in the performance of their duties shall be guided by the stand-
ards which apply to employees of the legislative branches under
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159
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 317
Sec. 318
FEDERAL WATER POLLUTION CONTROL ACT
160
rules 41 and 43 of the Senate and House of Representatives, re-
spectively.
(h) There is authorized to be appropriated, for use in carrying
out this section, not to exceed $17,250,000.
(33 U.S.C. 1325)
THERMAL DISCHARGES
SEC. 316. (a) With respect to any point source otherwise sub-
ject to the provisions of section 301 or section 306 of this Act,
whenever the owner or operator of any such source, after oppor-
tunity for public hearing, can demonstrate to the satisfaction of the
Administrator (or, if appropriate, the State) that any effluent limi-
tation proposed for the control of the thermal component of any dis-
charge from such source will require effluent limitations more
stringent than necessary to assure the projection and propagation
of a balanced, indigenous population of shellfish, fish, ana wildlife
in and on the body of water into which the discharge is to be made,
the Administrator (or, if appropriate, the State) may impose an ef-
fluent limitation under such sections for such plant, with respect
to the thermal component of such discharge (taking into account
the interaction of such thermal component with other pollutants),
that will assure the projection and propagation of a balanced, in-
digenous population of shellfish, fish, and wildlife in and on that
body of water.
(b) 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 in-
take 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
section 301 or, if more stringent, effluent limitations established
under section 303 and which effluent limitations will assure protec-
tion and propagation of a balanced, indigenous population pi shell-
fish, fish, and wildlife in or on the water into which the discharge
is made, shall not be subject to any more stringent effluent limita-
tion with respect to the thermal component of its discharge during
a ten year period beginning on the date of completion of such modi-
fication or during the period of depreciation or amortization of such
facility for the purpose of section 167 or 169 (or both) of the Inter-
nal Revenue Code of 1954, whichever period ends first.
(33 U.S.C. 1326)
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), in-
cluding, 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 en-
actment of this title, together with recommendations of the Admin-
istrator for financing the programs for preventing, controlling and
abating pollution for the fiscal years beginning after fiscal year
1976, including any necessary legislation.
(b) There is authorized to be appropriated for use in carrying
out this section, not to exceed $1,000,000.
(33 U.S.C. 1327)
AQUACULTURE
SEC. 318. (a) The Administrator is authorized, after public
hearings, to permit the discharge of a specific pollutant or pollut-
ants under controlled conditions associated with an approved aqua-
culture project under Federal or State supervision pursuant to sec-
tion 402 of this Act.
(b) The Administrator shall by regulation establish any proce-
dures and guidelines which the Administrator deems necessary to
carry out this section. Such regulations shall require the applica-
tion to such discharge of each criterion, factor, procedure, and re-
quirement applicable to a permit issued under section 402 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
within its jurisdiction for discharge of a specific pollutant or pollut-
ants under controlled conditions associated with an approved aqua-
culture project may do so if upon submission of such program the
Administrator determines such program is adequate to carry out
the objective of this Act.
(33 U.S.C. 1328)
SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.
(a) STATE ASSESSMENT REPORTS.—
(1) CONTENTS.—The Governor of each State shall, after no-
tice and opportunity for public comment, prepare and submit
to the Administrator for approval, a report which—
(A) identifies those navigable waters within the State
which, without additional action to control nonpoint
sources of pollution, cannot reasonably be expected to at-
tain or maintain applicable water quality standards or the
goals and requirements of this Act;
(B) identifies those categories and subcategories of
nonpoint sources or, where appropriate, particular
nonpoint sources which add significant pollution to each
portion of the navigable waters identified under subpara-
graph (A) in amounts which contribute to such portion not
meeting such water quality standards or such goals and
requirements;
(C) describes the process, including intergovernmental
coordination and public participation, for identifying bjwt
management practices and measures to control each V-
egory and subcategory of nonpoint sources and, where ap-
propriate, particular nonpoint sources identified under
subparagraph (B) and to reduce, to the maximum talent
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161
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 319
practicable, the level of pollution resulting from such cat-
egory, subcategory, or source; and
(D) identities and describes State and local programs
for controlling pollution added from nonpoint sources to,
and improving the quality of, each such portion of the nav-
igable waters, including out not limited to those programs
which are receiving Federal assistance under subsections
(h) and (i).
(2) INFORMATION USED IN PREPARATION.—In developing the
report required by this section, the State (A) may rely upon in-
formation developed pursuant to sections 208, 303(e), 304(0,
305(b), and 314, and other information as appropriate, and (B)
may utilize appropriate elements of the waste treatment man-
agement plans developed pursuant to sections 208(b) and 303,
•to the extent such elements are consistent with and fulfill the
requirements of this section.
(b) STATE MANAGEMENT PROGRAMS.—
(1) IN GENERAL.—The Governor of each State, for that
State or in combination with adjacent States, shall, after notice
and opportunity for public comment, prepare and submit to the ~
Administrator tor approval a management program which such
State proposes to implement in the first four fiscal years begin-
ning after the date of submission of such management program
for controlling pollution added from nonpoint sources to the
navigable waters within the State and improving the quality of
such waters.
(2) SPECIFIC CONTENTS.—Each management program pro-
posed for implementation under this subsection shall include
each of the following:
(A) An identification of the best management practices
and measures which will be undertaken to reduce pollut-
ant loadings resulting from each category, subcategory, or
particular nonpoint source designated under paragraph
(1KB), taking into account the impact of the practice on
ground water quality.
(B) An identification of programs (including, as appro-
priate,, nonregulatory or regulatory programs for enforce-
ment, technical assistance, financial assistance, education,
training, technology transfer, and demonstration projects)
to achieve implementation of the best management prac-
tices by the categories, subcategories, and particular
nonpoint sources designated under subparagraph (A).
(C) A schedule containing annual milestones for (i) uti-
lization of the program implementation methods identified
in subparagraph (B), and (ii) implementation of the best
management practices identified in subparagraph (A) by
the categories, subcategories, or particular nonpoint
sources designated under paragraph (1KB). Such schedule
shall provide for utilization of the best management prac-
tices at the earliest practicable date.
(D) A certification of the attorney general of the State
or States (or the chief attorney of any State water pollu-
tion control agency which has independent legal counsel)
that the laws of the State or States, as the case may be,
Sec. 319
FEDERAL WATER POLLUTION CONTROL ACT
182
provide adequate authority to implement such manage-
ment program or, if there is not such adequate authority,
a list of such additional authorities as will be necessa rv to
implement such management program. A schedule and
commitment by the State or States to seek such additional
authorities as expeditiously as practicable.
(E) Sources of Federal and other assistance and fund-
ing (other than assistance provided under subsections (h)
and (i)) which will be available in each of such fiscal years
for supporting implementation of such practices and meas-
ures and the purposes for which such assistance will be
used in each of such fiscal years.
(F) An identification of Federal financial assistance
programs and Federal development projects for which the
State will review individual assistance applications or de-
velopment projects for their effect on water quality pursu-
ant to the procedures set forth in Executive Order 12372
as in effect on September 17, 1983, to determine whether
such assistance applications or development projects would
be consistent with the program prepared under this sub-
section; for the purposes of this subparagraph, identifica-
tion shall not be limited to the assistance programs or de-
velopment projects subject to Executive Order 12372 but
may include any programs listed in the most recent Cata-
log of Federal Domestic Assistance which may have an ef-
fect on the purposes and objectives of the State's nonpoint
source pollution management program.
(3) UTILIZATION OF LOCAL AND PRIVATE EXPERTS.—In devel-
oping and implementing a management program under this
subsection, a State shalT, to the maximum extent practicable,
involve local public and private agencies and organizations
which have expertise in control of nonpoint sources of pollu-
tion.
(4) DEVELOPMENT ON WATERSHED BASIS.—A State shall, to
the maximum extent practicable, develop and implement a
management program under this subsection on a watershed-
by-watershed basis within such State.
(c) ADMINISTRATIVE PROVISIONS.—
(1) COOPERATION REQUIREMENT.—Any report required by
subsection (a) and any management program and report re-
quired by subsection (b) shall be developed in cooperation with
local, substate regional, and interstate entities which are ac-
tively planning for the implementation of nonpoint source pol-
lution controls and have either been certified by the Adminis-
trator in accordance with section 208, have worked jointly with
the State on water quality management planning under section
205(j), or have been designated by the State legislative body or
Governor as water quality management planning agencies for
their geographic areas.
(2) TIME PERIOD FOR SUBMISSION OF REPORTS AND MANAGE-
MENT PROGRAMS.—Each report and management program shall
be submitted to the Administrator during the 18-month period
beginning on the date of the enactment of this section.
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163
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 319
(d) APPROVAL OR DISAPPROVAL OF REPORTS AND MANAGEMENT
PROGRAMS.—
(1) DEADLINE.—Subject to paragraph (2), not later than
180 days after the date of submission to the Administrator of
any report or management program under this section (other
than subsections (h), (i), and (k)), the Administrator shall ei-
ther approve or disapprove such report or management pro-
gram, as the case may be. The Administrator may approve a
portion of a management program under this subsection. If the
Administrator does not disapprove a report, management pro-
gram, or portion of a management program in such 180-day pe-
riod, such report, management program, or portion shall be
deemed approved for purposes of this section.
(2) PROCEDURE FOR DISAPPROVAL.—If, after notice and op-
portunity for public comment and consultation with appro-
priate Federal and State agencies and other interested per-
sons, the Administrator determines that—
(A) the proposed management program or any portion
thereof does not meet the requirements of subsection (bX2)
of this section or is not likely to satisfy, in whole or in
part, the goals and requirements of this Act;
(B) adequate authority does not exist, or adequate re-
sources are not available, to implement such program or
portion;
(C) the schedule for implementing such program or
portion is not sufficiently expeditious; or
(D) the practices and measures proposed in such pro-
gram or portion are not adequate to reduce the level of pol-
lution in navigable waters in the State resulting from
nonpoint sources and to improve the quality of navigable
waters in the State;
the Administrator shall within 6 months of the receipt of the
proposed program notify the State of any revisions or modifica-
tions necessary to obtain approval. The State shall thereupon
have an additional 3 months to submit its revised management
program and the Administrator shall approve or disapprove
such revised program within three months of receipt.
(3) FAILURE OF STATE TO SUBMIT REPORT.—If a Governor of
a State does not submit the report required by subsection (a)
within the period specified by subsection (cX2), the Adminis-
trator shall, within 30 months after the date of the enactment
of this section, prepare a report for such State which makes
the identifications required by paragraphs (IXA) and (1XB) of
subsection (a). Upon completion of the requirement of the pre-
ceding sentence and after notice and opportunity for comment,
the Administrator shall report to Congress on his actions pur-
suant to this section.
(e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL ASSISTANCE.—
If a State fails to submit a management program under subsection
(b) or the Administrator does not approve such a management pro-
gram, a local public agency or organization which has expertise in,
and authority to, control water pollution resulting from nonpoint
sources in any area of such State which the Administrator deter-
mines is of sufficient geographic size may, with approval of such
Sec. 319
FEDERAL WATER POLLUTION CONTROL ACT
164
State, request the Administrate - to provide, and the Administrator
shall provide, technical assistance to such agency or organization
in developing for such area a management program which is de-
scribed in subsection (b) and can be approved pursuant to sub-
section (d). After development of such management program, such
agency or organization shall submit such management program to
the Administrator for approval. If the Administrator approves such
management program, such agency or organization shall be eligible
to receive financial assistance under subsection (h) for implementa-
tion of such management program as if such agency or organization
were a State for which a report submitted under subsection (a) and
a management program submitted under subsection (b) were ap-
proved under this section. Such financial assistance shall be sub-
ject to the same terms and conditions as assistance provided to a
State under subsection (h).
(0 TECHNICAL ASSISTANCE FOR STATE.—Upon request of a
State, the Administrator may provide technical assistance to such
State in developing a management program approved under sub-
section (b) for those portions of the navigable waters requested by
such State.
(g) INTERSTATE MANAGEMENT CONFERENCE.—
(1) CONVENING OF CONFERENCE; NOTIFICATION; PURPOSE.—
If any portion of the navigable waters in any State which is
implementing a management program approved under this
section is not meeting applicable water quality standards or
the goals and requirements of this Act as a result, in whole or
in part, of pollution from nonpoint sources in another State,
such State may petition the Administrator to convene, and the
Administrator shall convene, a management conference of all
States which contribute significant pollution resulting from
nonpoint sources to such portion. If, on the basis of information
available, the Administrator determines that a State is not
meeting applicable water quality standards or the goals and
requirements of this Act as a result, in whole or in part, of sig-
nificant pollution from nonpoint sources in another State, the
Administrator shall notify such States. The Administrator may
convene a management conference under this paragraph not
later than 180 days after giving such notification, whether or
not the State which is not meeting such standards requests
such conference. The purpose of such conference shall be to de-
velop an agreement among such States to reduce the level of
pollution in such portion resulting from nonpoint sources and
to improve the water quality of such portion. Nothing in such
agreement shall supersede or abrogate rights to quantities of
water which have been established by interstate water com-
pacts, Supreme Court decrees, or State water laws. This sub-
section shall not apply to any pollution which is subject to the
Colorado River Basin Salinity Control Act. The requirement
that the Administrator convene a management conference
shall not be subject to the provisions of section 505 of this Act.
(2) STATE MANAGEMENT PROGRAM REQUIREMENT.—To the
extent that the States reach agreement through such con-
ference, the management programs of the States which are
parties to such agreements and which contribute significant
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165
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 319
pollution to the navigable waters or portions thereof not meet-
ing applicable water quality standards or goals and require-
ments of this Act will be revised to reflect such agreement.
Such management programs shall be consistent with Federal
and State law.
(h) GRANT PROGRAM.—
(1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT PRO-
GRAMS.—Upon application of a State for which a report submit-
ted under subsection (a) and a management program submit-
ted under subsection (b) is approved under this section, the Ad-
ministrator shall make grants, subject to such terms and con-
ditions as the Administrator considers appropriate, under this
subsection to such State for the purpose of assisting the State
in implementing such management program. Funds reserved
pursuant to section 206(jX5) of this Act may be used to develop
and implement such management program.
(2) APPLICATIONS.—An application for a grant under this
subsection in any fiscal year shall be in such form and shall
contain such other information as the Administrator may re-
quire, including an identification and description of the best
management practices and measures which the State proposes
to assist, encourage, or require in such year with the Federal
assistance to be provided under the grant
(3) FEDERAL SHARE.—The Federal share of the cost of each
management program implemented with Federal assistance
under this subsection in any fiscal year shall not exceed 60
percent of the cost incurred by the State in implementing such
management program and shall be made on condition that the
non-Federal snare is provided from non-Federal sources.
(4) LIMITATION ON GRANT AMOUNTS.—Notwithstanding any
other provision of this subsection, not more than 15 percent of
the amount appropriated to carry out this subsection may be
used to make grants to any one State, including any grants to
any local public agency or organization with authority to con-
trol pollution from nonpoint sources in any area of such State.
(5) PRIORITY FOR EFFECTIVE MECHANISMS.—For each fiscal
year beginning after September 30, .1987, the Administrator
may give priority in making grants under this subsection, and
shall give consideration in determining the Federal share of
any such grant, to States which have implemented or are pro-
posing to implement management programs which will—
(A) control particularly difficult or serious nonpoint
source pollution problems, including, but not limited to,
problems resulting from mining activities;
(B) implement innovative methods or practices for con-
trolling nonpoint sources of pollution, including regulatory
programs where the Administrator deems appropriate;
(C) control interstate nonpoint source pollution prob-
lems; or
(D) carry out (pound water quality protection activities
which the Administrator determines are part of a com-
prehensive nonpoint source pollution control program, in-
cluding research, planning, ground water assessments,
demonstration programs, enforcement, technical assist-
Sec. 319
FEDERAL WATER POLLUTION CONTROL ACT
166
ance, education, and training to protect ground waller qual-
ity from nonpoint sources of pollution.
(6) AVAILABILITY FOR OBLIGATION.—The funds granted to
each State pursuant to this subsection in a fiscal year shall re-
main available for obligation by such State for the fiscal year
for which appropriated. The amount of any such funds not obli-
gated by the end of such fiscal year shall be available to the
Administrator for granting to other States under this sub-
section in the next fiscal year.
(7) LIMITATION ON USE OF FUNDS.—States may use funds
from grants made pursuant to this section for financial assist-
ance to persons only to the extent that such assistance is relat-
ed to the costs of demonstration projects.
(8) SATISFACTORY PROGRESS.—No grant may be made
under this subsection in any fiscal year to a State which in the
Kreceding fiscal year received a grant under this subsection un-
;ss the Administrator determines that such State made satis-
factory progress in such preceding fiscal year in meeting the
schedule specified by such State under subsection (b)(2).
(9) MAINTENANCE OF EFFORT.—No grant may be made to
a State under this subsection in any fiscal year unless such
State enters into such agreements with the Administrator as
the Administrator may require to ensure that such State will
maintain its aggregate expenditures from all other sources for
programs for controlling pollution added to the navigable wa-
ters in such State from nonpoint sources and improving the
quality of such waters at or above the average level of such ex-
penditures in its two fiscal years preceding the date of enact-
ment of this subsection.
(10) REQUEST FOR INFORMATION.—The Administrator may
request such information, data, and reports as he considers
necessary to make the determination of continuing eligibility
for grants under this section.
(11) REPORTING AND OTHER REQUIREMENTS.—Each State
shall report to the Administrator on an annual basis concern-
ing (A) its progress in meeting the schedule of milestones sub-
mitted pursuant to subsection (bX2XC) of this section, and (B)
to the extent that appropriate information is available, reduc-
tions in nonpoint source pollutant loading and improvements
in water quality for those navigable waters or watersheds
within the State which were identified pursuant to subsection
(a)(lXA) of this section resulting from implementation of the
management program.
(12) LIMITATION ON ADMINISTRATIVE COSTS.—For purposes
of this subsection, administrative costs in the form of salaries,
overhead, or indirect costs for services provided and charged
against activities and programs carried out with a grant under
this subsection shall not exceed in any fiscal year 10 percent
of the amount of the grant in such year, except that costs of
implementing enforcement and regulatory activities, education, '
training, technical assistance, demonstration projects, and
technology transfer programs shall not be subject to this limi-
tation.
(i) GRANTS FOR PROTECTING GROUNDWATER QUALITY.—
-------
(1) ELIGIBLE APPLICANTS AND.ACTIVITIES.—Upon applica-
tion of a State for which a report submitted under subsection
(a) and a plan submitted under subsection (b) is approved
under this section, the Administrator shall make grants under
this subsection to such State for the purpose of assisting such
State in carrying out groundwater quality protection activities
which the Administrator determines will advance the State to-
ward implementation of a comprehensive nonpoint source pol-
lution control program. Such activities shall include, but not be
limited to, research, planning, groundwater assessment, dem-
onstration programs, enforcement, technical assistance, edu-
cation and training to protect the -quality of groundwater and
to prevent contamination of groundwater from nonpoint
sources of pollution.
(2) APPLICATIONS.—An application for a grant under this
subsection shall be in such form and shall contain such infor-
mation as the Administrator may require.
(3) FEDERAL SHARE; MAXIMUM AMOUNT.—The Federal
share of the cost of assisting a State in carrying out ground-
water protection activities in any •fiscal year under this sub-
section shall be 50 percent of the coats incurred by the State
in carrying out such activities, except that the maximum
amount of Federal assistance wMclht any State may receive
under this subsection in any fiscal year shall not exceed
$150,000.
(4) REPORT.—The Administrator shall include in each re-
port transmitted under subsection (m) a report on the activites
and programs implemented under this subsection during the
preceding fiscal year.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out subsections (h) and (i) not to exceed
$70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for
each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year
1991; except that for each of such fiscal years not to exceed
$7,500,000 may bs made available to carry out subsection (i). Sums
appropriated pursuant to this subsection shall remain available
until expended
(k) CONSISTENCY OP OTHER PROGRAMS AND PROJECTS WITH
MANAGEMENT PROGRAMS.—The Administrator shall transmit to the
Office of Management and Budget and the appropriate Federal de-
partments and agencies a list of those assistance programs and de-
velopment projects identified by each State under subsection
(bX2XF) for which individual assistance applications and projects
will be reviewed pursuant to the procedures set forth in Executive
Order 12372 as in effect on September 17, 1983. Beginning not
later than sixty days after receiving notification by the Adminis-
trator, each Federal department ana agency shall modify existing
regulations to allow States to review individual development
projects and assistance applications under the identified Federal
assistance programs and shall accommodate, according to the re-
quirements and definitions of Executive Order 12372, as in effect
on September 17, 1983, the concerns of the State ^regarding the
consistency of such applications or ]
i pollution):
(1) COLLECTION OF INFORMATION.—The Administrator shall col-
lect and make available, through publications and other appro-
priate means, information pertaining to management practices and
implementation methods, including, but not limited to, (1) informa-
tion concerning the costs and relative efficiencies of best manage-
ment practices for reducing nonpoint source pollution; and (2)
available data concerning the relationship between water quality
and implementations. of various management practices to control
nonpoint sources of pollution.
(m) REPORTS OF ADMINHSTRATOR.—
• (1) ANNUAL REPORTS.—Not later than January 1, 1988,
and each January 1 thereafter, the Administrator shall trans-
mit to the Committee on Public Works and Transportation of
the House of Representatives and the Committee on Environ-
ment and Public Works of the Senate, a report for the preced-
ing fiscal year on the activities and programs implemented
under this section and the progress made in reducing pollution
in the navigable waters resulting from nonpoint sources and
improving the quality of such waters.
(2) FINAL REPORT.—Not later than January 1, H990, the
Administrator shall transmit to Congress a final report on the
activities carried out under this section. Such report, at a mini-
mum, shall—
(A) describe the management programs being imple-
mented by the States by types and amount of affected nav-
igable waters, categories and subcategories of nonpoint
sources, and types of best management practices being im-
plemented;
(B) describe the experiences of the States in adhering
to schedule and implementing best management practices;
(C) describe the amount and purpose of grants award-
ed pursuant to subsections (h) and (i) of this section;
(D) identify, to the extent that information is avail-
able, the progress made in reducing pollutant loads and
improving water quality in the navigable waters;
(E) indicate what further actions need to be taken to
attain and maintain in those navigable waters (i) applica-
ble water quality standards, and (ii) the goals and require-
ments of this Act;
(F) include recommendations of the Administrator con-
cerning future programs (including enforcement programs)
for controlling pollution from nonpoint sources; and
(G) identify the activities and programs of depart-
ments, agencies, and instrumentalities of the United
States which are inconsistent with the management pro-
grams submitted by the States and recommend modifica-
tions so that such activities and programs are consistent
with and assist the States in implementation of such man-
agement programs.
(n) SET ASIDE FOR ADMDNISTRATIVE PERSONNEL.—Not less than
5 percent of the funds appropriated pursuant to subsection (j) for
any fiscal year shall bs available to the Administrator to maintain
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169
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 320
personnel levels at the Environmental Protection Agency at levels
which are adequate tOKcarry out this section in such year.
(33 U.S.C. 1329)
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) MANAGEMENT CONFERENCE.—
(1) NOMINATION OF ESTUARIES.—The Governor of any State
may nominate to the Administrator an estuary lying in whole
or in part within the State as an estuary of national signifi-
cance and request a management conference to develop a com-
prehensive management plan for the estuary. The nomination
shall document the need for the conference, the likelihood of
success, and information relating to the factors in paragraph
(2).
(2) CONVENING OF CONFERENCE.—
(A) IN GENERAL.—In any case where the Administrator
determines, on his own initiative or upon nomination of a
State under paragraph (1), that the attainment or mainte-
nance of that water quality in an estuary which assures
protection of public water supplies and the protection and
propagation of a balanced, indigenous population of shell-
fish, fish, and wildlife and allows recreational activities, in
and on the water, requires the control of point and
nonpoint sources of pollution to supplement existing con-
trols of pollution in more than one State, the Adminis-
trator shall select such estuary and convene a manage-
ment conference.
(B) PRIORITY CONSIDERATION.—The Administrator
shall give priority consideration under this section to Long
Island Sound, New York and Connecticut; Narragansett
Bay, Rhode Island; Buzzards Bay, Massachusetts; Massa-
chusetts Bay, Massachusetts (including Cape Cod Bay and
Boston Harbor);1 Puget Sound, Washington; New York-
New Jersey Harbor, New York and New Jersey; Delaware
Bay, Delaware and New Jersey; Delaware Inland Bays,
Delaware; Albennarle Sound, North Carolina; Sarasota
Bay, Florida; San Francisco Bay, California; Santa Monica
Bay, California; Galveston Bay, Texas;2 Barataria-
Terrebonne Bay estuary complex, Louisiana; Indian River
Lagoon, Florida; and Peconic Bay, New York.
(3) BOUNDARY DISPUTE EXCEPTION.—In any case in which
a boundary between two States passes through an estuary and
such boundary is disputed and is the subject of an action in
any court, the Administrator shall not convene a management
conference with respect to such estuary before a final adjudica-
tion has been made of such dispute.
(b) PURPOSES OF CONFERENCE.—The purposes of any manage-
ment conference convened with respect to an estuary under this
subsection shall be to—
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Sec. 320
FEDERAL WATER POLLUTION CONTROL ACT
170
(1) assess trends in water quality, natural resources, and
uses of the estuary;
(2) collect, characterize, and assess data on toxics, nutri-
ents, and natural resources within the estuarine zone to iden-
tify the causes of environmental problems;
(3) develop the relationship between the inplace loads and
point and nonpoint loadings of pollutants to the estuarine zone
and the potential uses of the zone, water quality, and natural
resources;
(4) develop a comprehensive conservation and management
plan that recommends priority corrective actions and compli-
ance schedules addressing point and nonpoint sources of pollu-
tion to restore and maintain the chemical, physical, and bio-
logical integrity of the estuary, including restoration and main-
tenance of water quality, a balanced indigenous population of
shellfish, fish and wildlife, and recreational activities in the es-
tuary, and assure that the designated uses of the estuary are
protected;
(5) develop plans for the coordinated implementation of the
plan by the States as well as Federal and local agencies par-
ticipating in the conference;
(6) monitor the effectiveness of actions taken pursuant to
the plan; and
(7) review all Federal financial assistance programs and
Federal development projects in accordance with the require-
ments of Executive Order 12372, as in effect on September 17,
1983, to determine whether such assistance program or project
would be consistent with and further the purposes and objec-
tives of the plan prepared under this section.
For purposes ot paragraph (7), such programs and projects shall
not be limited to the assistance programs and development projects
subject to Executive Order 12372, out may include any programs
listed in the most recent Catalog of Federal Domestic Assistance
which may have an effect on the purposes and objectives of the
plan developed under this section.
(c) MEMBERS OF CONFERENCE.—The members of a manage-
ment conference convened under this section shall include, at a
minimum, the Administrator and representatives of—
(1) each State and foreign nation located in whole or in
part in the estuarine zone of the estuary for which the con-
ference is convened;
(2) international, interstate, or regional agencies or enti-
ties having jurisdiction over all or a significant part of the es-
tuary;
(3) each interested Federal agency, as determined appro-
priate by the Administrator;
(4) local governments having jurisdiction over any land or
water within the estuarine zone, as determined appropriate by
the Administrator; and
(5) affected industries, public and private educational insti-
tutions, and the general public, as determined appropriate by
the Administrator.
(d) UTILIZATION OF EXISTING DATA.—In developing a conserva-
tion and management plan under this section, the management
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171
FEDERAL WATER POLLUTION CONTROL ACT
See. 320
conference shall survey and utilize existing reports, data, and stud-
ies relating to the estuary that have been developed by or made
available to Federal, interstate, State, and local agencies.
(e) PERIOD OF CONFERENCE.—A management conference con-
vened under this section shall be convened for a period not to ex-
ceed 6 years. Such conference may be extended by the Adminis-
trator, and if terminated after the initial period, may be recon-
vened by the Administrator at any time thereafter, as may be nec-
essary to meet the requirements of this section.
(f) APPROVAL AND IMPLEMENTATION OF PLANS.—
(1) APPROVAL.—Not later than 120 days after the comple-
tion of a conservation and management plan and after provid-
ing for public review and comment, the Administrator shall ap-
prove such plan if the plan meets the requirements of this sec-
tion and the affected Governor or Governors concur.
(2) IMPLEMENTATION.—Upon approval of a conservation
and management plan under this section, such plan shall be
implemented. Funds authorized to be appropriated under titles
II and VI and section 319 of this Act may be used in accord-
ance with the applicable requirements of this Act to assist
States with the implementation of such plan.
(g) GRANTS.—
(1) RECIPIENTS.—The Administrator is authorized to make
grants to State, interstate, and regional water pollution control
agencies and entities, State coastal zone management agencies,
interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals.
(2) PURPOSES.—Grants under this subsection shall be
made to pay for assisting research, surveys, studies, and mod-
eling and other technical work necessary for the development
of a conservation and management plan under this section.
(3) FEDERAL SHARE.—The amount of grants to any person
(including a State, interstate, or regional agency or entity)
under this subsection for a fiscal year shall not exceed 75 per-
cent of the costs of such research, survey, studies, and work
and shall be made on condition that the non-Federal share of
such costs are provided from non-Federal sources.
(h) GRANT REPORTING.—Any person (including a State, inter-
state, or regional agency or entity) that receives a grant under sub-
section (g) shall report to the Administrator not later than 18
months after receipt of such grants and biennially there after on
the progress being made under this section.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Administrator not to exceed $12,000,000
per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and
1991 for—
(1) expenses related to the administration of management
conferences under this section, not to exceed 10 percent of the
amount appropriated under this subsection;
(2) making grants under subsection (g); and
(3) monitoring the implementation of a conservation and
management plan by the management conference or by the Ad-
ministrator, in any case in which the conference has been ter-
minated.
Sec. 320
FEDERAL WATER POLLUTION CONTROL ACT
172
The Administrator shall provide up to $5,000,000 per fiscal year of
the sums authorized to be appropriated under this subsection to
the Administrator of the National Oceanic and Atmospheric Ad-
ministration to carry out subsection (j).
(j) RESEARCH.—
(1) PROGRAMS.—In order to determine the need to convene
a management conference under this section or at the request
of such a management conference, the Administrator shall co-
ordinate and implement, through the National Marine Pollu-
tion Program Office and the National Marine Fisheries Service
of the National Oceanic and Atmospheric Administration, as
appropriate, for one or more estuarine zones—
(A) a long-term program of trend assessment monitor-
ing measuring variations in pollutant concentrations, ma-
rine ecology, and other physical or biological environ-
mental paramenters which may affect estuarine zones, to
provide the Administrator the capacity to determine the
potential and actual effects of alternative management
strategies and measures;
(B) a program of ecosystem assessment assisting in
the development of (i) baseline studies which determine
the state of estuarine zones and the effects of natural and
anthropogenic changes, and (ii) predictive models capable
of translating information on specific discharges or general
pollutant loadings within estuarine zones into a set of
probable effects on such zones;
(C) a comprehensive water quality sampling program
for the continuous monitoring of nutrients, chlorine, acid
precipitation dissolved oxygen, and potentially toxic pollut-
ants (including organic chemicals and metals) in estuarine
zones, after consultation with interested State, local, inter-
state, or international agencies and review and analysis of
all environmental sampling data presently collected from
estuarine zones; and
(D) a program of research to identify the movements
of nutrients, sediments and pollutants through estuarine
zones and the impact of nutrients, sediments, and pollut-
ants on water quality, the ecosystem, and designated or
potential uses of the estuarine zones.
(2) REPORTS.—The Administrator, in cooperation with the
Administrator of the National Oceanic and Atmospheric Ad-
ministration, shall submit to the Congress no less often than
biennially a comprehensive report on the activities authorized
under this subsection including—
(A) a listing of priority monitoring and research needs;
(B) an assessment of the state and health of the Na-
tion's estuarine zones, to the extent evaluated under this
subsection;
(C) a discussion of pollution problems and trends in
pollutant concentrations with a direct or indirect effect on
water quality, the ecosystem, and designated or potential
uses of each estuarine zone, to the extent evaluated under
this subsection; and
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173
FEDERAL WA1ER POLLUTION CONTROL ACT
Sec. 401
SBC. 401
FEDERAL WATER POLLUTION CONTROL ACT
174
(D) an evaluation of pollution abatement activities and
management measures so far implemented to determine
the degree of improvement toward the objectives expressed
in subsection (bX4) of this section.
(k) DEFINITIONS.—For purposes of this section, the terms "estu-
ary" and "estuarine cone" nave the meanings such terms have in
section 104(nX4) of this Act. except that the term "estuarine zone"
shall also include associated aquatic ecosystems and those portions
of tributaries draining into the estuary up to the historic height of
migration of anadromous fish or the historic head of tidal influence,
whichever is higher.
(33 U.S.C. 1330)
TITLE IV—PERMITS AND LICENSES
CERTIFICATION
SEC. 401. (aXD Any applicant for a Federal license or permit
to conduct any activity including, but not limited to, the construc-
tion 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 origi-
nates or will originate, or, if appropriate, from the interstate water
pollution control agency having jurisdiction over the navigable wa-
ters at the point where the discharge originates or will originate,
that any such discharge will comply with the applicable provisions
of sections 301, 302, 303, 306, and 307 of this Act. In the case of
any such activity for which there is not an applicable effluent limi-
tation or other limitation under sections 301(b) and 302, and there
is not an applicable standard under sections 306 and 307, the State
shall so certify, except that any such certification shall not be
deemed to satisfy section 611(c) of this Act. Such State or inter-
state agency shall establish 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 spe-
cific applications. In any case where a State or interstate agency
has no authority to give such a certification, such certification shall
be from the Administrator. If the State, interstate agency, or Ad-
ministrator, 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 re-
quirements of this subsection shall be waived 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, inter-
state agency, or the Administrator, as the case may be.
(2) Upon receipt of such application and certification the licens-
ing or permitting agency shall immediately notify the Adminis-
trator of such application and certification. Whenever such a dis-
charge 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 noti-
fies the Administrator and the licensing or permitting agency in
writing of its objection to the issuance of such license or permit and
requests a public hearing on such objection, the licensing or permit-
ting agency shall hold such a hearing. The Administrator shall at
such hearing submit his evaluation and recommendations with re-
spect to any such objection to the licensing or permitting agency.
Such agency, based upon the recommendations of such State, the
Administrator, and upon any additional evidence, if any, presented
to the agency at the hearing, shall condition such license or permit
in such manner as may be necessary to insure compliance with ap-
plicable water quality requirements. If the imposition of conditions
cannot insure such compliance such agency shall not issue such li-
cense or permit.
(3) The certification obtained pursuant to paragraph (1) of this
subsection with respect to the construction of any facility shall ful-
fill the requirements of this subsection with respect to certification
in connection with any other Federal license or permit required for
the operation 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 inter-
state agency or the Administrator, notifies such, agency within sixty
days alter receipt of such notice that there is no longer reasonable
assurance that there will be compliance with the applicable provi-
sions of sections 301, 302, 303, 306, and 307 of this Act because of
changes since the construction license or permit certification was
issued in (A) the construction or operation of the facility, (B) the
characteristics of the waters into which such discharge is made, (C)
the water quality criteria applicable to such waters or (D) applica-
ble effluent 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 ap-
propriate, the interstate agency or the Administrator, with notice
of any proposed changes in the construction or operation of the fa-
cility with respect to which a construction license or permit has
been granted, which changes may result in violation of section 301,
302, 303, 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
-------
munna cearaoi QCT
applicable effluent Mmitfflftiofflis or other Mmitstiioinis or other water
quality requirement® such Federal agency may, aflter public hear-
ing, suspend such license OF permit. If such license oir permit is
suspended, it shall! remain suspended until notification is received
from the ©2rfeBfymg State, agency,, or Administrator, sis the case
may be, that fcher® is peasoiasW® asEwamce that such facility or ac-
tivity mil snot violate tin© mpplkalblte pwwisioiBS of section 301, 302,
303, SOS, OP SOT of tMe Act.
(5) Amy Federal Meene® or permit with respect to which a cer-
tification has tesim obtained trader paragraph (1) of this subsection
may be suspended or revoked by tine federal agency issuing such
license or permit upon tine entering of a judgment under this Act
that such fsdity or activity has been operated in violation of the
applicable provisions of esction 301, 302, 303, 306, or 307 of this
(6) Except with rsspsct to a permit issued trader section 4102
of this Act, in ®ny casts whams actual construction of a facility has
bsen lawfully commenced prior to April 3, 18)70, mo certification
shall b® required Handler tStio subEscfeso>ini for a license or permit is-
sued after April 3, B.970, to operate such facility, except that any
such licens® or permit isouod without certification shall terminate
April 3, 1973, unless prior to such termination date the p®m>a hav-
ing such license or permit submits to the Federal agency which is-
sued such license or permit © certification and otherwise meets the
(b) Nothing jm tMs EKKefesoia shall be construed to limit the au-
thority of any department or agency pursuant to any other provi-
sion of law to require compliance with any applicable water quality
requirements. The Administrator shall, upon the request of any
Federal! depsurteaeait or fflgimcy, or State or interstate ageimcy, or ap-
plicant, provide, for the purpose of this section, any relevant infor-
mation on applicable eMuent limitations, or other limitations,
standards, ragualafeioins, or mpiinsments, or water (juaiity 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 Mmitations, standards, regulations, require-
ments, or eriteria.
(c) In order to implement the provisions of this section, the
Secretary of the Amy, acting throught the Chief of Engineers, is
authorized, if he dooms jfe to bs in the public interest, to permit the
use of spoil disposdl araas under MB jurisdiction by Federal li-
censes or permittees, arad to make an appropriate charge for such
use. Moneys received (from @udhi licensees or permittees shall bs de-
i in eim® Treasury as mneewaneous receipts.
IB) Any certification provided under this section shall set forth
any effluent limitations and other limitations, and monitoring re-
*^hnnh.«hm Atm *Af«v«^u*tjv*ri* *nt r^ntt IV^vt jm n^mtft n rjj«Ti AlW 4h A rfnmvtn tfvt nkfAl ndbrfK nh A iY**T& m m*jff\M jALTOA U Utt
cen&e or permit will comply with any applicable effluent limitations
and other Imitations, urndw @sction 301 or 302 of this Act, stand-
ard of perfonmamciB -under esctfein! SOS of this Acts .or prohibition, ef-
stondsupdl, or pr®tr®atm®init stanidardl under section 307 of this
forth in such certililcation, and shall become a condition on any
Federal license or permit subject to the provisions of this section.
(33 U.S.C. 1341)
NATIONAL POLLUTANT DDSCHARGE ELIMINATION SYSTEM
402. (aXD Except as provided in sections 318 and 404 of
this Act, the Administrator may, aflter opportunity for public hear-
ing, issue a permit for the discharge of any pollutant, or combina-
tion of pollutants, notwithstanding section 301(a), upon condition
that such discharge will meet either (A) all applicable requirements
under sections 301, 302, 306, 307, 308, and 403 of this Act, or (3)
prior to the taking of necessary implementing actions relating to all
such requirements, such conditions as the Administrator deter-
mines are necessary to carry out the provisions of this Act.
(2) The Administrator shall prescribe conditions for such per-
mits to assure compliance with the requirements of paragraph (1)
of this subsection, including conditions on data and information col-
lection, reporting, and such other requirements as he deems appro-
priate.
(3) The permit program of the Administrator under paragraph
(1) of this subsection, and permits issued thereunder, shall be sub-
ject to the same terms, conditions, and requirements as apply to a
State permit program and permits issued thereunder under sub-
section (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 provisions 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, II899, after the
date of enactment of this title. Each application for a permit under
section 13 of the Act of March 3, 11899, pending on the date of en-
actment of this Act shall be deemed to be an application for a per-
mit under this section. The Administrator shall authorize a State,
which he determines has the capability of administering a permit
program which will carry out the objective of this Act, to issue per-
mits for discharges into the navigable waters within the jurisdic-
tion of such State. The Administrator may exercise the authority
granted him by the preceding 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(hM2) of this Act, or the date of
approval by the Administrator of a permit program for such State
under subsection (b) of this section, 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 condi-
tions as the Administrator determines are necessary to carry out
the provisions of this Act. No such permit shall issue if the Admin-
istrator objects to such issuance.
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17?
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 402
Sec. 402
FEDERAL WATER POLLUTION CONTROL ACT
178
(b) At any time after the promulgation of the guidelines re-
quired by subsection (hX2) 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 Administrator a full and complete discription of the program
it proposes to establish and administer under State law or under
an interstate compact In addition, such State shall submit a state-
ment from the attorney general (or the attorney for those State
water pollution control 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 de-
scribed program. The Administrator shall approve each such sub-
mitted program unless he determines that adequate authority does
not exist:
(1) To issue permits which—
(A) apply, and insure compliance with, any applicable re-
quirements of sections 301, 302, 306,307, and 403;
(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:
(i) violation of any condition of the permit;
(ii) obtaining a permit by misrepresentation, or failure
to disclose fully all relevant facts;
(iii) change in any condition that requires either a
temporary or permanent reduction or elimination of the
permitted discharge;
(D) control the disposal of pollutants into wells;
(2XA) 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;
(3) To insure that the public, and any other State the waters
of which may be affected, receive notice of each application for a
permit and to provide an opportunity for public hearing before a
ruling on each such application;
(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),
whose waters may be affected by the issuance of a permit may sub-
mit written recommendations to the permitting State (and the Ad-
ministrator) with respect to any permit application and, if any part
of such written recommendations are not accepted by the permit-
ting State, that the permitting State will notify such affected State
(and the Administrator) in writing of its failure to so accept such
recommendations together with its reasons for so doing:
(6) To insure that no permit will be issued if, in the judgment
of the Secretary of the Army acting through the Chief of Engineers,
after consultation with the Secretary of the department in which
the Coast Guard is operating, anchorage and navigation of any of
the navigable waters would be substantially impaired thereby;
(7) To abate violations of the permit or the permit program, in-
cluding civil and criminal penalties and other ways and means of
enforcement;
(8) To insure that any permit for a discharge from a publicly
owned treatment works includes conditions to require the identi-
fication in terms of character and volume of pollutants of any sig-
nificant source introducing pollutants subject to pretreatment
standards under section 307(b) of this Act into such works and a
program to assure compliance with such pretreatment standards by
each such source, in addition to adequate notice to the permitting
agency of (A) new introductions into such works of pollutants from
any source which would be a new source as defined in section 306
if such source were discharging pollutants, (B) new introductions of
pollutants into such works from a source which would be subject
to section 301 if it were discharging such pollutants, or (C) a sub-
stantial change in volume or character of pollutants being intro-
duced into such works by a source introducing pollutants into such
works at the time of issuance of the permit. Such notice shall in-
clude information on the quality and quantity of effluent to be in-
troduced into such treatment works and any anticipated impact of
such change in the quantity or quality of effluent to be discharged
from such publicly owned treatment works; and
(9) To insure that any industrial user of any publicly owned
treatment works will comply with sections 204(b), 307, and 308.
(cKD Not later than ninety days after the date on which a
State has submitted a program (or revision thereof) pursuant to
subsection (b) of this section, the Administrator shall suspend the
issuance of permits under subsection (a) of this section as to those
discharges subject to such program unless he determines that the
State permit program does not meet the requirements of subsection
(b) of this section or does not conform to the guidelines issued
under section 304(iX2) of this Act. If the Administrator so deter-
mines, he shall notify the State or any revisons or modifications
necessary to conform to such requirements or guidelines.
(2) Any State permit program under this section shall at all
times be in accordance with this section and guidelines promul-
gated pursuant to section 304(hX2) of this Act.
(3) Whenever the Administrator determines after public hear-
ing that a State is not administering a program approved under
this section 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 Ad-
ministrator shall withdraw approval of such program. The Admin-
istrator shall not withdraw approval of any such program unless he
shall first have notified the State, and made public, in writing, the
reasons for such withdrawal.
(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND
WITHDRAWALS.—A State may return to the Administrator ad-
ministration, and the Administrator may withdraw under
paragraph (3) of this subsection approval, of—
(A) a State partial permit program approved under
subsection (n)(3) only if the entire permit program being
administered by the State department or agency at the
time is returned or withdrawn; and
(B) a State partial permit program approved under
subsection (nX4) only if an entire phased component of the
-------
. ram CHMEB mmm mmmi net
See. 402
each
to the
such
feme j@ pstaimed OP mfchdrawia.
Each State shall transmit to the Administrator a copy of
application received by such State and provide notice
iaiistrator of every action related to the consideration of
rmit application, including each {permit proposed to be is-
(2) No permit shall issue (A) if (A® Administrator within ninety
days of the date of Ms notaHkaftsoia raider subsection (bX5) of this
section objects ins wrMaig to fth® teuance 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. Whenever the Admimsfcrffltor objects to the issuance of a
permit under this paragraph such written objection shall contain a
statement of the reasons (or such objection and the effluent limita-
tioiraa and conditions which ouch permit would include if it were is-
nn.ti .«..._ **
in, waive
of this para-
(2) of this sub-
(3) The Administrator
i(2)ofthas
(4) In any case where.
0Ih®E be held! by the Administirator on such objec-
tion. If &he_ State dees mot sngsuilbmife sracSn permit revised to meet
such objection within 30 dayo after completion of the hearing, or,
if no hearimg as mj|u®8ted wsthim SO days after the date of such ob-
jection, fefes AdmimotoatoF may JSSBIQ the peirmit puursuiant to sub-
section (a) of this esctaon foo* ouch sowce in &ocondlsnce with the
(e) lira aoDOirdlaacQ with gmdeliimea jpTOmulgfflted pursuant to sub-
section (hH2) of escMom 3M of this Act, the Administrator is au-
thorised^ TOW© th9 rssqmiremeifflts of subsection (d) of tihm section
at the time ho approves a program pursuant to subsection (b) of
this section for any category (iiacliijiding any class, type, or size
within such ©attegory) of point sourceo witWn the State submitting
(f) The Administrator shall promulgate regulations establish-
ing categories of point corarcea which he determines shall not be
subject to the requirements of sialbsectaon (d) of this section in any
State with a program approved pursuant to subsection (b) of this
section. The Administrator may distinguish among classes, types,
and sisss within any category of point sources.
ly permit issued Hinder this section for the discharge of
imito the mivngabS® waters from si vessel or other floating
ited by
shall bs subject to any applicable regulations prom'
the Secretary of the Department in which the Coast Ghaa
atiiffig, establshing speciiilcations for safe transportation, handling,
carnage, storage, an®) stowage of pollutants.
(h) to th® event any condition of a permit for discharges from
a treatment worhs (as deHln®d in section 212 of this Act) which is
mbsectkra (b) of SMs esstnoim or th@ Administrator, where no State
ant to section SOSKa) of this Act that a State with an approved pro-
gram has not commenced appropriate enforcement action with re-
spect to such permit, may proceed in a court of competent jurisdic-
tion to restrict or prohibit the introduction of any pollutant into
such treatment works by a source not utilizing such treatment
works prior to the finding that such condition was violated.
(i) Nothing in this section shall be construed to limit the au-
thority of the Administrator to take action pursuant to section 309.
of this Act. .
(j) A copy of each permit application and each permit issued
under this section shall be available to the public. Such permit ap-
plication or permit, or portion thereof, shall further be available on
request for the purpose of reproduction.
(k) Compliance with a permit issued pursuant to this section
shall be deemed compliance, for purposes of sections 309 and 505,
with sections 301, 302, 306, 307, and! 403, encept any standard im-
posed under section 307 for a toaic pollutant injurious to human
health. Until December 31, 1974, in any case where a permit for
discharge has been applied 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 plaintiff proves that final administra-
tive disposition of such application has not been made because of
the failure of the applicant to furnish information reasonably re-
quired or requested in order to process the application. 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 dis-
charge by such source shall not be a violation of this Act if such
a source applies for a permit for discharge pursuant to this section
within such 180-day period.
(1) LIMITATION ON PERMIT REQUIREMENT.—
(1) AGRICULTURAL RETURN FLOWS.—The Administrator
shall not require a permit under this section for discharges
composed entirely of return flows from irrigated agriculture,
nor shall the Administrator directly or indirectly, require any
State to require such a permit.
(2) STORMWATER RUNOFF FROM OIL, CAS, AND MINING OPER-
ATIONS.—-The Administrator shall not require a permit under
this section, nor shall the Administrator directly or indirectly
require any State to require a permit, for discharges of
stormwater runoff from mining operations or oil and gas explo-
ration, production, processing, or treatment operations or
transmission facilities, composed entirely of flows which are
from conveyances or systems of conveyances (including but not
limited to pipes, conduits, ditches, and channels) used for col-
lecting ana conveying precipitation runoff and which are not
contaminated by contact witn, or do not come into contact with,
any overburden, raw material, intermediate products, finished
product, byproduct, or waste products located on the site of
ouch operations.
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181
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 402
(ni) ADDITIONAL PRETREATMENT OK CONVENTIONAL POLLUT-
ANTS Nor REQUIRED.—To the extent a treatment works (as defined
in section 212 of this Act) which is publicly owned is not meeting
the requirements of a permit issued under this section for such
treatment works as a result of inadequate design or operation of
such treatment works, the Administrator, in issuing a permit
under this section, shall not require pretreatment by a person in-
troducing conventional pollutants identified pursuant to a section
304(aX4) of this Act into such treatment works other than
pretreatment required to assure compliance with pretreatment
standards under subsection (bX8) of this section and section
307(bXD of this Act. Nothing in this subsection shall affect the Ad-
ministrator's authority under sections 307 and 309 of this Act, af-
fect State and local authority under sections 307(bX4) and 610 of
this Act, relieve such treatment works of its obligations to meet re-
quirements established under this Act, or otherwise preclude such
works from pursuing whatever feasible options are available to
meet its responsibility to comply with its permit under this section.
(n) PARTIAL PERMIT PROGRAM.—
(1) STATE SUBMISSION.—The Governor of a State may sub-
mit under subsection (b) of this section a permit program for
a portion of the discharges into the navigable waters in such
State.
(2) MINIMUM COVERAGE.—A partial permit program under
this subsection shall cover, at a minimum, administration of a
major category of the discharges into the navigable waters of
the State or a major component of the permit program required
by subsection (b).
(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PRO-
GRAMS.—The Administrator may approve a partial permit pro-
gram covering administration of a major category of discharges
under this subsection if—
(A) such program represents a complete permit pro-
gram and covers all of the discharges under the jurisdic-
tion of a department or agency of the State; and
(B) the Administrator determines that the partial pro-
gram represents a significant and identifiable part of the
State program required by subsection (b).
(4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT PRO-
GRAMS.—The Administrator may approve under this subsection
a partial and phased permit program covering administration
of a major component (including discharge categories) of a
State permit program required by subsection (b) if—
(A) the Administrator determines that the partial pro-
gram represents a significant and identifiable part of the
State program required by subsection (b): and
(B) the State submits, and the Administrator ap-
proves, a plan for the State to assume administration by
phases of the remainder of the State program required by
subsection (b) by a specified date not more than 6 years
after submission of the partial program under this sub-
section and agrees to make all reasonable efforts to as-
sume such administration by such date.
(o) ANTI-BACKSLIDING.—
Sec. 402
FEDERAL WATER POLLUTION CONTROL ACT
182
(1) GENERAL PROHIBITION.—In the case of effluent limita-
tions established on the basis of subsection (aXIXB) of this sec-
tion, a permit may not be renewed, reissued, or modified on
the basis of effluent guidelines promulgated under section
304(b) subsequent to the original issuance of such permit, to
contain effluent limitations which are less stringent than the
comparable effluent limitations in the previous permit. In the
case of effluent limitations established on the basis of section
301(bXD(C) or section 303(d) or (e), a permit may not be re-
newed, reissued, or modified to contain effluent limitations
which are less stringent than the comparable effluent limita-
tions in the previous permit except in compliance with section
303(d)(4).
(2) EXCEPTIONS.—A permit with respect to which para-
graph (1) applies may be renewed, reissued, or modified to con-
tain a less stringent effluent limitation applicable to a pollut-
ant if—
(A) material and substantial alterations or additions to
the permitted facility occurred after permit issuance which
justify the application of a less stringent effluent limita-
tion;
(BX>) information is available which was not available
at the time of permit issuance (other than revised regula-
tions, guidance, or test methods) and which would nave
justified the application of a less stringent effluent limita-
tion at the time of permit issuance; or
(ii) the Administrator determines that technical mis-
takes or mistaken interpretations of law were made in is-
suing the permit under subsection (aXIXB);
(C) a less stringent effluent limitation is necessary be-
cause of events over which the permittee has no control
and for which there is no reasonably available remedy;
(D) the permittee has received a permit modification
under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n),
or 316(a): or
(E) the permittee has installed the treatment facilities
required to meet the effluent limitations in the previous
permit and has properly operated and maintained the fa-
cilities but has nevertheless been unable to achieve the
previous effluent limitations, in which case the limitations
in the reviewed, reissued, or modified permit may reflect
the level of pollutant control actually achieved (but shall
not be less stringent than required by effluent guidelines
in effect at the time of permit renewal, reissuance, or
modification).
Subparagraph (B) shall not apply to any revised waste load al-
locations or any alternative grounds for translating water qual-
ity standards into effluent limitations, except where the cumu-
lative effect of such revised allocations results in a decrease in
the amount of pollutants discharged into the concerned waters,
and such revised allocations are not the result of a discharger
eliminating or substantially reducing its discharge of pollut-
ants due to complying with the requirements of this Act or for
reasons otherwise unrelated to water quality.
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183
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 402
Sec. 402
FEDERAL WATER POLLUTION CONTROL ACT
184
(3) LIMITATIONS.—In no event may a permit with respect
to which paragraph (1) applies be renewed, reissued, or modi-
fied to contain an effluent limitation which is less stringent
than required by effluent guidelines in effect at the time the
permit is renewed, reissued, or modified. In no event may such
a permit to discharge into waters be renewed, reissued, or
modified to contain a leas stringent effluent limitation if the
implementation of such limitation would result in a violation
of a water quality standard under section 303 applicable to
such waters.
(p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.—
(1) GENERAL RULE.—Prior to October 1, 1994, the Adminis-
trator or the State (in the case of a permit program approved
under section 402 of this Act) shall not require a permit under
this section for discharges composed entirely of stormwater.
(2) EXCEPTIONS.—Paragraph (1) shall not apply with re-
spect to the following stormwater discharges:
(A) A discharge with respect to which a permit has
been issued under this section before the date of the enact-
ment of this subsection.
(B) A discharge associated with industrial activity.
(C) A discharge from a municipal separate storm
sewer system serving a population of 250,000 or more.
(D) A discharge from a municipal separate storm
sewer system serving a population of 100,000 or more but
less than 250,000.
(E) A discharge for which the Administrator or the
State, as the case may be, determines that the stormwater
discharge contributes to a violation of a water quality
standard or is a significant contributor of pollutants to wa-
ters of the United States.
(3) PERMIT REQUIREMENTS.—
(A) INDUSTRIAL DISCHARGES.—Permits for discharges
associated with industrial activity shall meet all applicable
provisions of this section and section 301.
(B) MUNICIPAL DISCHARGE.—Permits for discharges
from municipal storm sewers—
(i) may be issued on a system- or jurisdiction-wide
basis;
(ii) shall include a requirement to effectively pro-
hibit non-stormwater discharges into the storm sew-
ers; and
(iii) shall require controls to reduce the discharge
of pollutants to the maximum extent practicable, in-
cluding management practices, control techniques and
system, design and engineering methods, and such
other provisions as the Administrator or the State de-
termines appropriate for the control of such pollutants.
(4) PERMIT APPLICATION REQUIREMENTS.—
(A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGES.—
Not later than 2 years after the date of the enactment of
this subsection, the Administrator shall establish regula-
tions Betting forth the permit application requirements for
stormwater discharge* described in paragraphs (2KB) andg
(2XC). Applications for permits for such discharges shall be
filed no later than 3 years after such date of enactment.
Not later than 4 year after such date of enactment the Ad-
ministrator or the State, as the case may be, shall issue
or deny each such permit. Any such permit shall provide
for compliance as expeditiously as practicable, but in no
event later than 3 years after the date of issuance of such
permit.
(B) OTHER MUNICIPAL DISCHARGES.—Not later than 4
years after the date of the enactment of this subsection,
the Administrator shall establish regulations setting forth
the permit application requirements for stormwater dis-
charges described in paragraph (2KD). Applications for
permits for such discharges shall be filed no later than 5
years after such date of enactment. Not later than 6 years
after such date of enactment, the Administrator or the
State, as the case may be, shall issue or deny each such
permit. Any such permit shall provide for compliance as
expeditiously as practicable, but in no event later than 3
years after the date of issuance of such permit.
(5) STUDIES.—The Administrator, in consultation with the
States, shall conduct a study for the purposes of—
(A) identifying those stormwater discharges or classes
of stormwater discharges for which permits are not re-
quired pursuant to paragraphs (1) and (2) of this sub-
section;
(B) determining, to the maximum extent practicable,
the nature and extent of pollutants in such discharges; and
(C) establishing procedures and methods to control
stormwater discharges to the extent necessary to mitigate
impacts on water quality.
Not later than October 1, 1988, the Administrator shall submit
to Congress a report on the results of the study described in
subparagraphs (A) and (B). Not later than October 1, 1989, the
Administrator shall submit to Congress a report on the results
of the study described in subparagraph (C).
(6) REGULATIONS.—Not later than October 1, 1993, the Ad-
ministrator, in consultation with State and local officials, shall
issue regulations (based on the results of the studies conducted
under paragraph (5)) which designate stormwater discharges,
other than those discharges described in paragraph (2), to be
regulated to protect water quality and shall establish a com-
prehensive program to regulate such designated sources. The
program shall, at a minimum, (A) establish priorities, (B) es-
tablish requirements for State stormwater management pro-
grams, and (C) establish expeditious deadlines. The program
may include performance standards, guidelines, guidance, and
management practices and treatment requirements, as appro-
priate.
(33 U.S.C. 1342) -
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185
FEDERAL WATER POLLUTION CONTROL ACT
SBC. 404
OCEAN DISCHARGE CRITERIA
SEC. 403. (a) No permit under section 402 of this Act for a dis-
charge into the territorial sea, the waters of the contiguous zone,
or the oceans shall be issued, after promulgation of guidelines es-
tablished under subsection (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.
(b) The requirements of subsection (d) of section 402 of this Act
may not be waived in the case of permits for discharges into the
territorial sea.
(cXD 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 wa-
ters 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,
wildlife, shorelines, and beaches;
(B) the effect of disposal of pollutants on marine life in-
cluding 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;
(C) the effect of disposal, of pollutants on esthetic, recre-
ation, and economic values;
(D) the persistence and permanence of the effects of dis-
posal of pollutants;
(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
(G) the effect on alternate uses of the oceans, such as min-
eral exploitation and scientific study.
(2) In any event where insufficient information exists on any
proposed discharge to make a reasonable judgment on any of the
guidelines established pursuant to this subsection no permit shall
be issued under section 402 of this Act
(33 VS.C. 1343)
PERMITS FOR DREDGED OR FILL MATERIAL
SEC. 404. (a) The Secretary may 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. Not
later than the fifteenth day after the date an applicant submits all
the information required to complete an application for a permit
under this subsection, the Secretary shall publish the notice re-
quired by this subsection.
(b) Subject to subsection (c) of this section, each such disposal
site shall be specified for each such permit by the Secretary (1)
through the application of guidelines developed by the Adminis-
trator, in conjunction with the Secretary which guidelines shall be
baaed upon criteria comparable to the criteria applicable to the ter-
Sec. 404
FEDERAL WATER POLLUTION CONTROL ACT
186
ritorial 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 defined area for specification (including the withdrawal of spec-
ification) as a disposal site, whenever he determines, after notice
and opportunity for public hearings, that the discharge of such ma-
terials into such area will have an unacceptable adverse effect on
municipal water supplies, shellfish beds and fishery areas (includ-
ing spawning and breeding areas), wildlife, or recreational areas.
Before making such determination, the Administrator shall consult
with the Secretary. The Administrator shall set forth in writing
and make public his findings and his reasons for making any deter-
mination under this subsection.
(d) The term "Secretary" as used in this section means the Sec-
retary of the Army, acting through the Chief of Engineers.
(eXD In carrying out his functions relating to the discharge of
dredged or fill material under this section, the Secretary may, after
notice and opportunity for public hearing, issue general permits on
a State, regional, or nationwide basis for any category of activities
involving discharges of dredged or fill material if the Secretary de-
termines that the activities in such category are similar in nature,
will cause only minimal adverse environmental effects when per-
formed separately, and will have only minimal cumulative adverse
effect on the environment. Any general permit issued under this
subsection shall (A) be based on the guidelines described in sub-
section (bXD of this section, and (B) set forth the requirements and
standards which shall apply to any activity authorized by such gen-
eral permit.
(2) No general permit issued under this subsection shall be for
a period of more than five years after the date of its issuance and
such general permit may be revoked or modified by the Secretary
if, after opportunity for public hearing, the Secretary determines
that the activities authorized by such general permit have an ad-
verse impact on the environment or such activities are more appro-
priately authorized by individual permits.
(0(1) Except as provided in paragraph (2) of this subsection,
the discharge of dredge or fill material—
(A) from normal farming, silviculture, and ranching activi-
ties such as plowing, seeding, cultivating, minor drainage, har-
vesting for the production of food, fiber, and forest products, or
upland soil and water conservation practices;
(B) for the purpose of maintenance, including emergency
reconstruction of recently damaged parts, of currently service-
able structures such as dikes, dams, levees, groins, riprap,
breakwaters, causeways, and bridge abutments or approaches,
and transportation structures;
(C) for the purpose of construction or maintenance of farm
or stock ponds or irrigation ditches, or the maintenance of
drainage ditches;
-------
(D) four th© purpose of eoma&mcMoia of temporary sedi-
mentation basins on a constractiom site which does not include
(E) for tlh® purpose of construction or maintenance of farm
roads or (Forest roads, or temporary roads for moving mining
equipment, where Quads roads are constructed and maintained,
in accordaffiee with best management practices, to assure that
(flow and drralation patterns and chemical and biological char-
acteristics of the navigable waters are not impaired, that the
reach of the mavigable waters is not reduced, and that any ad-
verse effect on the aquatic environment will be otherwise mini-
- sd;
(F) rasultimg (from any activity with respect to which a
am approved program under section 208(bX4) which
rapmramemfcs of subpasragraphs (B) and (G) of such
is mot prohibited by OF otheraiies subject to regulation trader this
section or section 80H(m) or 402 of SMs Act (except for effluent
standards or prohJWtaomis umdsr GSEftsom 307).
(2) Amy dBecIh
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189
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 404
(2) If, with respect to a State program submitted under sub-
section (gXD of this section, the Administrator determines that
such State—
(A) has the authority set forth in paragraph (1) of this sub-
section, the Administrator shall approve the program and so
notify (i) such State, and (ii) the Secretary, who upon subse-
quent notification from such State that it is administering such
program, shall suspend the issuance of permits under sub-
section (a) and (e) of this section for activities with respect to
which a permit may be issued pursuant to such State program;
or
(B) does not have the authority set forth in paragraph (1)
of this subsection, the Administrator shall so notify such State,
which notification shall also describe the revisions or modifica-
tions necessary so that such State may resubmit such program
for a determination by the Administrator under this sub-
section.
(3) If the Administrator fails to make a determination with re-
spect to any program submitted by a State under subsection (gXD
of this section within one-hundred-twenty days after the date of the
receipt of such program, such program shall be deemed approved
pursuant to paragraph (2KA) of this subsection and the Adminis-
trator shall so notify such State and the Secretary who, upon sub-
sequent notification from such State that it is administering such
program, shall suspend the issuance of permits under subsection
(a) and (e) of this section for activities with respect to which a per-
mit may be issued by such State.
(4) After the Secretary receives notification from the Adminis-
trator under paragraph (2) or (3) of this subsection that a State
permit program has been approved, the Secretary shall transfer
any applications for permits pending before the Secretary for activi-
ties with respect to which a permit may be issued pursuant to such
State program to such State for appropriate action.
(5) Upon notification from a State with a permit program ap-
proved under this subsection that such State intends to administer
and enforce the terms and conditions of a general permit issed by
the Secretary under subsection (e) of this section with respect to ac-
tivities in such State to which such general permit applies, the Sec-
retary shall suspend the administration and enforcement of such
general permit with respect to such activities.
(i) whenever the Administrator determines after public hear-
ing that a State is not administering a program approved under
section (hX2XA) of this section, in accordance with this section, in-
cluding, but not limited to, the guidelines established under sub-
section (bXl) of this section, the Administrator shall so notify the
State, and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days after the date of the re-
ceipt of such notification, the Administrator shall (1) withdraw ap-
proval of such program until the Administrator determines such
corrective action has been taken, and (2) notify the Secretary that
the Secretary shall resume the program for the issuance of permits
under subsections (a) and (e) of this section for activities with re-
spect to which the State was issuing permits and that such author-
ity of the Secretary shall continue in effect until such time as the
SBC. 4U4 I LWknn*. *..
Administrator makes the determination described in clause (1) of
this subsection and such State again has an approved program.
(j) Each State which is administering a permit program pursu-
ant to this section shall transmit to the Administrator (1) a copy
of each permit application received by such State and provide no-
tice to the Administrator of every action related to the consider-
ation of such permit application, including each permit proposed to
be issued by such State, and (2) a copy of each proposed general
permit which such State intends to issue. Not later than the tenth
day after the date of the receipt of such permit application or such
proposed general permit, the Administrator shall provide copies of
such permit application or such proposed general permit to the Sec-
retary and the Secretary of the Interior, acting through the Direc-
tor of the United States Fish and Wildlife Service. If the Adminis-
trator intends to provide written comments to such State with re-
spect to such permit application or such proposed general permit,
he shall so notify such State not later than the thirtieth day after
the date of the receipt of such application or such proposed general
permit and provide such written comments to such State, after con-
sideration of any comments made in writing with respect to such
application or such proposed general permit by the Secretary and
the Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, not later than the nine-
tieth day after the date of such receipt. If such State is so notified
by the Administrator, it shall not issue the proposed permit until
after the receipt of such comments from the Administrator, or after
such ninetieth day, whichever first occurs. Such State shall not
issue such proposed permit after such ninetieth day if it has re-
ceived such written comments in which the Administrator objects
(A) to the issuance of such proposed permit and such proposed per-
mit is one that has been submitted to the Administrator pursuant
to subsection (hXIXE), or (B) to the issuance of such proposed per-
mit as being outside the requirements of this section, including, but
not limited to, the guidelines developed under subsection (bKD of
this section unless it modifies such proposed permit in accordance
with such comments. Whenever the Administrator objects to the is-
suance of a permit under the preceding sentence such written ob-
jection shall contain a statement of the reasons for such objection
and the conditions which such permit would include if it were is-
sued by the Administrator. In any case where the Administrator
objects to the issuance of a permit, on request of the State, a public
hearing shall be held by the Administrator on such objection. If the
State does not reaubmit such permit revised to meet such objection
within 30 days after completion of the hearing or, if no hearing is
requested within 90 days after the date of such objection, the Sec-
retary may issue the permit pursuant to subsection (a) or (e) of this
section, as the case may be, for such source in accordance with the
guidelines and requirements of this Act.
(k) In accordance with guidelines promulgated pursuant to
subsection (iX2) of section 304 of this Act, the Administrator is au-
thorized to waive the requirements of subsection (j) of this section
at the time of the approval of a program pursuant to subsection
(hX2XA) of this section for any category (including any class, type,
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191
FEDERAL WATER POLLUTION CONTROL ACT
See. 404
or size within such category) of discharge within the State submit-
ting such program.
(I) The Administrator shall promulgate regulations establishing
categories of discharges which he determines shall not be subject
to the requirements of subsection (j) of this section in any State
with a program approved pursuant to subsection (hX2XA) of this
section. The Administrator may distinguish among classes, types,
and sizes within any category of discharges.
(m) Not later than the ninetieth day after the date on which
the Secretary notifies the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service that (1)
an application for a permit under subsection (a) of this section has
been received by the Secretary, or (2) the Secretary proposes to
issue a general permit under subsection (e) of this section, the Sec-
retary of the Interior, acting through the Director of the United
States Fish and Wildlife Service, shall submit any comments with
respect to such application or such proposed general permit in writ-
ing to the Secretary.
(n) Nothing in this section shall be construed to limit the au-
thority of the Administrator to take action pursuant to section 309
of this Act.
(o) A copy of each permit application and each permit issued
under this section shall be available to the public. Such permit ap-
plication or portion thereof, shall further be available on request
for the purpose of reproduction.
(p) Compliance with a permit issued pursuant to this section,
including any activity carried out pursuant to a general permit is-
sued under this section, shall be deemed compliance, for purposes
of sections 309 and 605, with sections 301, 307, and 403.
(q) Not later than the one-hundred-eightieth day after the date
of enactment of this subsection, the Secretary snail enter into
agreements with the Administrator, the Secretaries of the Depart-
ments of Agriculture, Commerce, Interior, and Transportation, and
the heads of other appropriate Federal agencies to minimize, to the
maximum extent practicable, duplication, needless paperwork, and
delays in the issuance of permits under this section. Such agree-
ments shall be developed to assure that, to the maximum extent
practicable, a decision with respect to an application for a permit
under subsection (a) of this section will be made not later than the
ninetieth day after the date the notice of such application is pub-
lished under subsection (a) of this section.
(r) The discharge of dredged or fill material as part of the con-
struction of a Federal project specifically authorized by Congress,
whether prior to or on or after the date of enactment of this sub-
section, is not prohibited by or otherwise subject to regulation
under this section, or a State program approved under this section,
or section 301(a) or 402 of the Act (except for effluent standards or
prohibitions under section 307), if information on the effects of such
discharge, including consideration of the guidelines developed
under subsection (bXD of this section, is included in an environ-
mental impact statement for such project pursuant to the National
Environmental Policy Act of 1969 and such environmental impact
statement has been submitted to Congress before the actual dis-
charge of dredged or fill material in connection with the construc-
Sec. 404
FEDERAL WATER POLLUTION CONTROL ACT
192
tion of such project and prior to either authorization of such project
or an appropriation of funds for each construction.
(sXl) Whenever on the basis of any information available to
him the Secretary finds that any person is in violation of any con-
dition or limitation set forth in a permit issued by the Secretary
under this section, the Secretary shall issue an order requiring
such persons to comply with such condition or limitation, or the
Secretary shall bring a civil action in accordance with paragraph
(3) of this subsection.
(2) A copy of any order issued under this subsection shall be
sent immediately by the Secretary to the State in which the viola-
tion occurs and other affected States. Any order issued under this
subsection shall be by personal service and shall state with reason-
able specificity the nature of the violation, specify a time for com-
pliance, not to exceed thirty days, which the Secretary determines
is reasonable, taking into account the seriousness of the violation
and any good faith efforts to comply with applicable requirements.
In any case in which an order under this subsection is issued to
a corporation, a copy of such order shall be served on any appro-
priate corporate officers.
(3) The Secretary 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 paragraph (1) of this subsection. Any action under this
paragraph may be brought in the district court of the United States
for the district 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 commence-
ment of such acton * shall be given immediately to the appropriate
State.
(4) Any person who violates any condition or limitation in a
permit issued by the Secretary under this section, and any person
who violates any order issued by the Secretary under paragraph (1)
of this subsection, shall be subject to a civil penalty not to exceed
$25,000 per day for each violation. In determining the amount of
a civil penalty the court shall consider the seriousness of the viola-
tion or violations, the economic benefit (if any) resulting from the
violaltion, any history of such violations, any good-faith efforts to
comply with the applicable requirements, the economic impact of
the penalty on the violator, ana such other matters as justice may
require.
(t) Nothing in the section shall preclude or deny the right of
any State or interstate agency to control the discharge of dredged
or fill material in any portion of the navigable waters within the
jurisdiction of such State, including any activity of any Federal
agency, and each such agency shall comply with such State or
interstate requirements both substantive and procedural to control
the discharge of dredged or fill material to the same extent that
any person is subject to such requirements. This section shall not
be construed as affecting or impairing the authority of the Sec-
retary to maintain navigation.
(33 U.S.C. 1344)
'So In law. Probably rimuld be -•cUon*.
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193
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 405
Sec. 405
FEDERAL WATER POU.UTIOH CONTROL ACT
DISPOSAL OF SEWAGE SLUDGE
SEC. 405. (a) Notwithstanding any other provision of this Act
or of any other law, in the case where the disposal of sewage sludge
resulting from the operation of a treatment works as defined in sec-
tion 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 such sewage sludge entering the navi-
gable waters, such disposal is prohibited except in accordance with
a permit issued by the Administrator under section 402 of this Act.
(b) The Administrator shall issue regulations governing the is-
suance of permits for the disposal of sewage sludge subject to sub-
section (a) of this section ana section 402 of this Act. Such regula-
tions shall require the application to such disposal of each cri-
terion, factor, procedure, and requirement applicable to a permit is-
sued under section 402 of this title.
(c) Each State desiring to administer its own permit program
for disposal of sewage sludge subject to subsection (a) of this sec-
tion within its jurisdiction may do so in accordance with section
402 of this Act.
(d) REGULATIONS.—
(1) REGULATIONS.—The Administrator, after consultation
with appropriate Federal and State agencies and other inter-
ested persons, shall develop and publish, within one year after
the date of enactment of this subsection and from time to time
thereafter, regulations poroviding guidelines for the disposal of
sludge and the utilization of sludge for various purposes. Such
regulations shall—
(A) identify uses for sludge, including disposal;
(B) specify factors to be taken into account in deter-
mining the measures and practices applicable to each such
use or disposal (including .publication of information on
costs);
(C) identify concentrations of pollutants which inter-
fere with each such use or disposal.
The Administrator is authorized to revise any regulation is-
sued under this subsection.
(2) IDENTIFICATION AND REGULATION OF TOXIC POLLUT-
ANTS.—
(A) ON BASIS OF AVAILABLE INFORMATION.—
(i) PROPOSED REGULATIONS.—Not later than No-
vember 30, 1986, the Administrator shall identify
those toxic pollutants which, on the basis of available
information on their toxicity, persistence, concentra-
tion, mobility, or potential for exposure, may be
present in sewage sludge in concentrations which may
adversely affect public health or the environment, and
propose regulations specifying acceptable management
practices for sewage sludge containing each such toxic
pollutant and establishing numerical limitations for
each such pollutant for each use identified under para-
graph (1XA).
(ii) FINAL REGULATIONS.—Not later than August
31,1987, and after opportunity for public hearing, the
Administrator shall promulgate the regulations re-
quired by subparagraph (AXi).
(B) OTHERS.—
(i) PROPOSED REGULATIONS.—Not later than July
31. 1987, the Administrator shall identify those toxic
pollutants not identified under subparagraph (AXi)
which may be present in sewage sludge in concentra-
tions which may adversely affect public health or the
environment, and propose regulations specifying ac-
ceptable management practices for sewage sludge con-
taining each such toxic pollutant and establishing nu-
merical limitations for each pollutant for each such
use identified under paragraph (IXA).
(ii) FINAL REGULATIONS.—Not later than June 15,
1988, the Administrator shall promulate the regula-
tions required by subparagraph (BXi).
(C) REVIEW.—From time to time, but not less often
than every 2 years, the Administrator shall review the reg-
ulations promulgated under this paragraph for the purpose
of identifying additional toxic pollutants and promulgating
regulations for such pollutants consistent with the require-
ments of this paragraph.
(D) MINIMUM STANDARDS; COMPLIANCE DATE.—The
management practices and numerical criteria established
under subparagraphs (A), (B), and (C) shall be adequate to
protect public nealth and the environment from any rea-
sonably anticipated adverse effects of each pollutant. Such
regulations shall require compliance as expeditiously as
practicable but in no case later than 12 months after their
publication, unless such regulations require the construc-
tion of new pollution control facilities, in which case the
regulations shall require compliance as expeditiously as
practicable but in no case later than two years from the
date of their publication.
(3) ALTERNATIVE STANDARDS.—For purposes of this sub-
section, if, in the judgment of the Administrator, it is not fea-
sible to prescribe or enforce a numerical limitation for a pollut-
ant identified under paragraph (2), the Administrator may in-
stead promulgate a design, equipment, management practice,
or operational standard, or combination thereof, which, in the
Administrator's judgment is adequate to protect public health
and the environment from any reasonably anticipated adverse
effects of such pollutant. In the event the Administrator pro-
mulgates a design or equipment standard under this sub-
section, the Administrator shall include as part of such stand-
ard such requirements as will assure the proper operation and
maintenance of any such element of design or equipment.
(4) CONDITIONS ON PERMITS.—Prior to the promulgation of
the regulations required by paragraph (2), the Administrator
shall impose conditions in permits issued to publicly owned
treatment works under section 402 of this Act or take such
other measures as the Administrator deems appropriate to pro-
tect public health and the environment from any adverse ef-
fects which may occur from toxic pollutants in sewage sludge.
-------
(6) LIMITATION ON ^UMUWU^^U «~.«,.,..,
this sscMoia io Siatoiadedl to wmiv® mor® stringent requirements
established by ftMs Act OF sumy other law.
(®) MANNEES OP SLUDGE DISPOSAL.—The determination of th®
manneF of disposal or uses of sludge is m local detemrasition, except
that it shall fe wurolawW for any psirsm to dispos® of sludge from
a publicly owned treatment works OF ©my other tasatm®nt works
treating domestic sewage for any us® for which regulations have
been established pursuant to subsection (d) of this section, except
in accordance with such regulations.
(f) IMPLEMENTATION OP REGULATIONS.—
(l) THROUGH SECTION oos PERMITS.—Any permit issued
under section 402 of this Act to a publicly owned treatment
works OF any other treatment works treating domestic sewage
shall include requirements for the us® and disposal of sludge
that implement the regulations established pursuant to sub-
section (d) of this section, unless such requirements hav® been
included in a permit issued under th® appropriate provisions
of subtitle C of the SoEd Waste Disposal Act, part C-of th® Safe
Drinking Water Act, th© Marine Protection, Research, and
Sanctuaries Act of 1872, OP th® Clean Air Act, or umder State
" " *1L- fl J_I_J_A^,A«ra rcAffiM, frj,ffi
parang programs siHuproviBui uy UUK> nwwuiwMwoii«..»—.., -
Administrator determines that such programs assure compli-
ance with any applicable requirements of this section. Not
later than December 16, 1936, th® Administrator shall promul-
gate procedures for approval of State programs pursuant to
this paragraph.
(2) THROUGH OTHER PERMITS.—In the case of a treatment
works described in paragraph (1) that is not subject to section
402 of this Act and to which none of th® other above listed per-
mit programs nor approved State permit authority apply, the
A -»—--"*—»— ~»™<,, ;<,„„„,„ m irMOTi™A. to BWCjJ5| tagatmcnt works
AdmniMS&FiawjF may uwsiuws m pwiuuok w «>..»,..„<, „,., ..
solely to impos® requirements for th® MS® and disposal of
sludge that implement th® regulations established pursuant to
subsection (d) of this section. Th® Administrator shall include
in the permit appropriate requirements to assure compliance
with the regulations established pursuant to subsection (d) of
this section. The Administrator shall establish procedures for
(g) STUDIES AND PROJECTS.—
(1) GRANT PROGEAM; HOTORMAiraow OATMBDUMO.—The Ad-
ministrator is authorised to conduct or initiate scientific stud-
and public information and edu-
n n A. -*«—^^^.A^ ^^.a, moiHft mirarfl
beneficial management or use of sewage sludge for such pur-
poses ma aiding the irestoFatioia of abandoimedl mime sites, otmdi-
tiomiMfflg EOT! for purhs ©md insereation ©rea®, agricultural and
^ other beneficial purposes. For th® pur-
-" An • • A _ _ _ A. _ _ _
KOTB®S of earmnsg out this subsection, th® AtomssttraEOF may
make grants to State water pollution control .agenaes other
..._«.«.•_ - «™,™,/RA mmmm.pSffia nmajtnftnnibomfl. orsamsfflaon®, aittfil m-
public or
®s0 ins0onap ,
wsftSa ©th®F Federal departments and
AA ^m]
CiH8S®milltnaiyc uuiuuu unu
-------
197
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 502
SBC: 502
FEDERAL WATER POLLUTION CONTROL ACT
- 198
(2) The Administrator shall award a certificate or plaque of
suitable design to each industrial organization or political subdivi-
sion which qualifies for such recognition under regulations estab-
lished under this subsection.
(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 oe notified of the
award by the Administrator and the awarding of such recognition
shall be published in the Federal Register.
(0 Upon the request of a State water pollution control agency,
personnel of the Environmental Protection Agency may be detailed
to such agency for the purpose of carrying out the provisions of this
Act.
(33 U.S.C. 1361)
GENERAL DEFINITIONS
SEC. 602. Except as otherwise specifically provided, when used
in this Act:
(1) The term "State water pollution control agency" means the
State agency designated by the Governor having responsibility for
enforcing State laws relating to the abatement of pollution.
(2) The term "interstate agency" means an agency of two or
more States established by or pursuant to an agreement or com-.
pact approved by the Congress, or any other agency of two or more
States, having substantial powers or duties pertaining to the con-
trol of pollution as determined and approved by the Adminstrator.
(3) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana Is-
lands, and the Trust Territory of the Pacific Islands.
(4) The term "municipality" means a city, town, borough, coun-
ty, parish, district, association, or other public body created by or
pursuant to State law and having jurisdiction over disposal of sew-
age, industrial wastes, or other wastes, or an Indian tribe or an au-
thorized Indian tribal organization, or a designated and approved
management agency under section 208 of this Act
(5) The term "person" means an individual, corporation, part-
nership, association, State, municipality, commission, or political
subdivision of a State, or any interstate body.
(6) The term "pollutant means dredged spoil, solid waste, in-
cinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and indus-
trial, municipal, and agricultural waste discharged into water. This
term does not mean (A) "sewage from vessels or a discharge inci-
dental to the normal operation of a vessel of the Armed Forces"
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 produc-
tion and disposed of in a well, if the well used either to facilitate
production or for disposal purpose 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 degradation of
ground or surface water resources.
(7) The term "navigable waters" means the waters of the Unit-
ed States, including the territorial seas.
(8) The term "territorial seas" means the belt of the seas meas-
ured 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 sea-
ward a distance of three miles.
(9) The term "contiguous zone" means the entire zone estab-
lished or to be established by the United States under article 24
of the Convention of the Territorial Sea and the Contiguous Zone.
(10) The term "ocean" means any portion of the high seas be-
yond the contiguous zone.
(11) The term "effluent limitation" means any restriction estab-
lished by a State or the Administrator on quantities, rates, and
concentrations of chemical, physical, biological, and other constitu-
ents which are discharged from point sources into navigable wa-
ters, the waters of the contiguous zone, or the ocean, including
schedules of compliance.
(12) The term "discharge of a pollutant" and the term "dis-
charge 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
alter discharge and upon exposure, ingestion, inhalation or assimi-
lation into any organism, either directly from the environment or
indirectly by ingestion through food chains, will, on the basis of in-
formation available to the Administrator, cause death, disease, be-
havioral abnormalities, 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 but 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 dis-
charged. This term does not include agricultural stormwater dis-
charges and return flows from irrigated agriculture.
(15) The term "biological monitoring" shall mean the deter-
mination of the effects on aquatic life, including accumulation of
pollutants in tissue, in receiving waters due to the discharge of pol-
lutants (A) by techniques and procedures, including sampling of or-
ganisms representative of appropriate levels of the food chain ap-
propriate to the volume ana the physical, chemical, and biological
characteristics of the effluent, and (B) at appropriate frequencies
and locations.
(16) The term "discharge" when used without qualification in-
cludes 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
-------
ram mm mssma mmm, m
(18) Th® teras Industrial
laird
', as
of
,, ... . u,r , the cat-
egory "Division IDs—Eflamufactwurang" and such other classes of sig-
?Jf* _ . . A jk n n ^^ ti . • -i* *«.._ ^^
(19) TI
alteration of ftJae dhiemtail, physical, biological, and radiological
man-made or man-induced
in-
(20) Th©
tious agents;
isolation wastes; infec-
iroducts; pathological wastes;
ling;_ surgical wastes and po-
"s wastes; and such
(SIS U.S.C. I'm,)
HATTSIS FOU.UTTIIOW CONTFHQL ADVUSOEY BOARD
SEC. 503. (©Ml) Thems 80 hereby established in th® Environ-
mental Protsstion Agency a Water Pollution Control Advisory
Board, composed of the Administrator or his designee, who shall be
Chairman, and nine member® appointed by th® President, none of
whom shall be Federal officers or employees. The appointed mem-
bers, having due regard for (the purposes of this Act, shall be se-
lected from among representatives of various State, interstate, and
local governmental agencies, of public or private interests contrib-
uting to, affected by, or concerned with pollution, and of other pub-
lic and private agencies), organisations, or groups demonstrating an
mfisresfe to the Held of pollution prevention amid control, as
~> *- -
(2XA) Eada masmter ©pjjtoimted toy (Sh® IPfessideiat shall hold of-
fice for a term of tehire® yoara, eseopfe mis& (i) tmy memter appointed
to ffll a vacamsy eemfirfing ipiraoir to 41h® esparatsoia of the tenn for
wWch his jpmSessssw was fflropoBnted shall IKS appointed for the re-
mainder of smeh termp amd (is) th® fesraaB of office of the members
first tolkirag offle® adlfeeir Jrara® SO, 1956, shall ®apir® as follows: three
_ A AU_ _ _ _ _J1 /& _ *ni n n A * n * - *> * *P
I of two years
, - - i of appointment, and (Mi)
the terra of any member under th® preceding provisions shall be
extended until ftjhi® dato om wMch his successor's appointment is ef-
fective. HOBS® of tSse members appointed by th® President shall be
eligible for reappomfemenfe within on® year aSter &a ®nd of his pre-
ceding term.
(B) The members of the Board who ar® not officers or employ-
ess of th® United States, while afttessdaing conferences or meetings
of th® Bonard or whM® otherwise serving at the rerauest of th® Ad-
ministratoir,, shall bs entitled to receive compensation at a rate to
ba feed by feSio AstoasaasteatosTj but not exceeding 0100 per diem, in-
cluding temveltSBmo, aiadl- whil® sway from their homes or regular
per diem in Meu of sulbsiBteBOSp as authorized by law (5 U.S.C. 73b-
2) for persons in the Government service employed intermittently.
(b) The Board shall advise, consult with, and make rec-
ommendations to the Administrator on matters of policy relating to
the activities 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 shal! b® provided from the per-
sonnel of the Environmental Protection Agency.
(33 U.S.C. U333)
EMSKCSWOT POWEBS
SEC. 504. (a) 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 substan-
tial endangerment to the health of persons or to the welfare of per-
sons where such endangerment is to the livelihood of such persons,
such as inability to market shellfish, may bring suit on behalf of
the United States in the appropriate district court to immediately
restrain any person causing OF contributing to the alleged pollution
to stop the discharge of pollutants causing or contributing to such
pollution or to take such other actions as may be necessary.
{Subsection (b) repealed! % §304Ka) of P.L. 86-610, Dec. 11,
1980, 94 Stat. 2809]
(33 U.S.C. 1384)
CHTOEN SUITS
SEC. 505. (a) Except as provided in subsection (b) of this sec-
tion and section 309(gXS), any citizen may commence a civil action
on his own behalf—
(i) against any person (including (5) the United States, and
(ii) any other governmental instrumentality or agency to the
extent permitted by the eleventh amendment to the Constitu-
tion) who is alleged to be in violation of (A) an effluent stand-
ard or limitation «mder this Act or (B) an order issued by the
Administrator or a State with respect to such a standard or
limitation, or
(2) against th® Administrator where there is alleged a fail-
ure of the Administrator to perform any act or duty under this
Act which is mot 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 Administrator to perform such act or duty, as the case
may be, and to apply any appropriate civil penalties under section
30S{d) of this Act
(b) Wo action may be commenced—
(1) under subsection (aMD of this section—
(A) prior to sixty days alfoer the plaintiff has given no-
tice of the alleged violation (i) to the Administrator, (ii) to
the State in' which the alleged violation occurs, amd (iii) to
any alleged violator of the standard, limitation, or order,
or
-------
201
FEDERAL WATER POLLUTION CONTROL ACT
Sec. SOS
See. SOB
FEDERAL WATER POLLUTION CONTROL ACT
202
(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 ac-
tion in a court of the United States any citizen may inter-
vene as a matter of right
(2) under subsection (aX2) of this section prior to sixty
days after the plaintiff has given notice of such action to the
Administrator,
except that such action may be brought immediately after such no-
tification 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.
(cXD 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 which such source is located.
(2) In such action under this section, the Administrator, if not
a party, may intervene as a matter of right.
(3) PROTECTION OP INTERESTS OF UNITED STATES.—When-
ever any action is brought under this section in a court of the
United States, the plaintiff shall serve a copy of the complaint
on the Attorney General and the Administrator. No consent
judgment shall be entered in an action in which the United
States is not a party prior to 46 days following the receipt of
a copy of the proposed consent judgment by the Attorney Gen-
eral and the Administrator.
(d) The court, in issuing any final order in any action brought
pursuant to this section, may award costs of litigation (including
reasonable attorney and expert witness fees) to any prevailing or
substantially prevailing party, whenever the court determines such
award is appropriate. The court may, if a temporary restraining
order or preliminary injunction is sought, require the filing of a
bond or equivalent security in accordance with the Federal Rules
of Civil Procedure.
(e) Nothing in this section shall restrict any right which any
person (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).
(0 For purposes of this section, the term "effluent standard or
limitation under this Act" means (1) effective July 1, 1973, an un-
lawful act under subsection (a) of section 301 of this Act; (2) an ef-
fluent limitation or other limitation under section 301 or 302 of
this Act; (3) standard or performance under section 306 of this Act;
(4) prohibition, effluent standard or pretreatment standards under
section 307 of this Act; (5) certification under section 401 of this
Act; (6) a permit or condition thereof issued under section 402 of
this Act, which is in effect under this Act (including a requirement
applicable by reason of section 313 of this Act); or (7) a regulation
under section 405(d) of this Act,.1
(g) For the purposes of this section the term "citizen" means
a person or persons having an interest which is or may be ad-
versely affected.
(h) A Governor of a State may commence a civil action under
subsection (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 limi-
tation under this Act the violation of which is occurring in another
State and is causing an adverse effect on the public health or wel-
fare in his State, or is causing a violation of any water quality re-
quirement in his State.
(33 U.S.C. 1365)
APPEARANCE
SEC. 506. The Administrator shall request the Attorney Gen-
eral to appear and represent the United States in any civil or
criminal action instituted under this Act to which the Adminis-
trator is a party. Unless the Attorney General notifies the Adminis-
trator within a reasonable time, that he will appear in a civil ac-
tion, attorneys who are officers or employees of the Environmental
Protection Agency shall appear and represent the United States in
such action.
(33 U.S.C. 1366)
EMPLOYEE PROTECTION
SEC. 507. (a) No person shall fire, or in any other way discrimi-
nate against, or cause to be fired or discriminated against, any em-
ployee or any authorized representative or employees by reason of
the fact that such employee or representative has filed, instituted,
or caused to be 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.
(b) Any employee or a representative of employees who believes
that he has been fired or otherwise discriminated against by any
person in violation of subsection (a) of this section may, within thir-
ty days after such alleged violation occurs, apply to the Secretory
of Labor for a review of such firing or alleged discrimination. A
copy of the 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 ap-
propriate. Such investigation 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 viola-
tion. 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 554 of title
5 of the United States Code. Upon receiving the report of such in-
vestigation, the Secretary of Labor shall make findings of fact. If
•So In law. See P.L. 100-t. we. 406UX2), 101 Sul 73.
-------
h® firade ftlhmfc snada vaolfaftaoiis dad oocw, h© shaB issue & decision, in-
committing such violations to take saaA affirmativ® action to abate
the violation as the Seepstssry off Labor deems appropriate, includ-
ing, tat not limited to, the rehiring or reinstatement of the em-
ployee or representative of employees to his former position with
compsimsai&on. If h® dirndls (Shaft mere was no such violation, he shall
issue an order denying the application. Such order issued toy the
Secretary of Labor under this subparagraph shall bs subject to ju-
dicial 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 attor-
ney's fees), as determined 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 pcarson committing such violation.
(d) This section shall have no application to may employee who,
acting without direction from his employer (or Mo agent) delib-
erately violates any prohibition of effluent limitation or other limi-
tation issnder esctiosa SOI or 302 off this Act, standards of perform-
ance under section SOS of this Act, effluent standard, prohibition or
pretreatmemfe standard winder 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
issuance of any effluent limitation or order under this Act, includ-
ing, where appropriate, investigating threatened plant closures or
reductions in employment allegedly resulting from such limitation
or order. Amy employee who is discharged or laid off, threatened
with discharge or fay-oUT, or otherwise discriminated against by any
person bssffluse of the alleged results of any effluent limitation or
order issued under this Act, o_r any representative of such em-
ployee, may request the Administrator to conduct a full investiga-
the matter and, at the request of any party, shall hold public hear-
ings on not leas than fiws days notice, and shall at such hearings
require the parties, including the employer involved, to present in-
formation relating to the mctaal or potential effiFect of such limita-
tion or order on employment and on any alleged discharge, lay-off,
or other discrimination and the detailed reasons or justification
to section 654 of title 6 of the United States Code. Upon receiving
the report of such investigation, the Administrator shall make find-
ings of fact as to the effect of such effluent limitation or order on
employment and on the alleged discharge, lay-off, or discrimination
ana shall make such r®oo>mm®ndations as he deems appropriate.
Such report. Endings, and recommendations shall be available to
the pubic. Nothing in thio subsection shall bs construed to require
or aufchoiris© the Admissasteator to modify or withdraw any effluent
FEDERAL PROCUREMENT
SEC. 508. (a) No Federal agency may enter into any contract
with any person, who has been convicted of any offense under sec-
tion 309(c) of this Act, for the procurement of goods, materials, and
services if such contract is to be performed at any facility 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 until the Ad-
ministrator certifies that the condition giving rise to such convic-
tion has been corrected.
(b) 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 Presi-
dent shall, not more than one hundred and eighty days after enact-
ment of this Act, cause to be issued an order (£) 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 contract to eHITectUate the purpose and policy of this
Act in such contracting or assistance activities, and (2) setting forth
procedures, sanctions, penalties, and such other provisions, as the
President determines necessary to carry out such requirement.
(d) The President may exempt any contract, loan, or grant
from all or part of the provisions of this section where he deter-
mines such exemption is necessary in the paramount interest of
the United States and he shall notify the Congress of such exemp-
tion.
(e) The President shall annually report to the Congress on
measures taken in compliance with the purpose and intent of this
section, including, but not limited to, the progress and problems as-
sociated with such compliance.
(fXD No certification by a contractor, and no contract clause,
may be required in the case of a contract for the acquisition of com-
mercial items in order to implement a prohibition or requirement
of this section or a prohibition or requirement issued in the imple-
mentation of this section.
(2) In paragraph (1), the term "commercial item" has the
meaning given such term in section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)).
(33 U.S.C. 1368)
ADMINISTRATIVE PIROCEDURE AND JUDICIAL REVIEW
SEC. 509. (aXl) For purposes of obtaining information under
section 305 of this Act, or carrying out section 507(e) of this Act,
the Administrator may issue subpenas for the attendance and testi-
mony of witnesses and the production of relevant papers, books,
and documents, and he may administer oaths. Except for effluent
data, upon a snowing satisfactory to the Administrator that such
papers, books, documents, or information or particular part thereof,
if made public, would divulge trade secrets or secret processes, the
Administrator shall consider such record, report, or infonnnsitpn or
particular portion thereof confidential in accordance with, the pur-
-------
flEDEBQl OTEB MUOIIIQ EIC3IB1L ftCT
gee. §01
poses of section 1905 of title 18 of the United States Code, except
that such paper, book, document, or information may be disclosed
to other officers, employees, or authorized representatives of the
United States concerned! with carrying out this Act, or when rel-
evant in any proceeding trader this Act Witnesses summoned shall
be paid the same fees and mileage that are paid witnesses in the
courts of the United States. In case of contumacy or refusal to obey
a subpena served upon any person under this subsection, the dis-
trict court of the United States for any district in which such per-
son is found or resides or transacts business, upon application by
the United States and after notice to such person, shall have juris-
diction to issue an order requiring such person to appear and give
testimony 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 contempt thereof.
(2) The distract courts of the United States are authorized,
upon application by the Administrator, to issue subpenas for at-
papera, books, and documents, for purposes of obtaining informa-
tion 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 an paragraph (1) of this subsection.
(bKD Keview of the Administrator's action (A) in promulgating
any standard of performance under section 305, (B) in making any
determination pursuant to section 306(bMlXC), (C) in promulgating
any effluent standard, prohibition, or pretreatment standard under
section 307, (D) in making any determination as to a State permit
program submitted uader section 402(b), (E) in approving or pro-
mulgating any effluent limitation or other limitation under sections
301, 302, 303, or 405{ (F) in issuing or denying any permit under
section 402, and (G) in promulgating any individual control strat-
egy under section 304(1), 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 business
which is directly affected by such action upon application by such
person. Any ouch application shall be made within 120 days from
the date of such determination, approval, promulgation, issuance or
denial, or after such date oinly if ouch application is based solely
on grounds which TOWS after such 120th day.
(2) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) of this subsection
shall not fes subject to judicial swiew m any civil or criminal pro-
ceeding for Emdfoii^BBisfflsrofe.
(3) AWARD OF FEES.—IBS any judicial proceeding under this
costs of litigation (including
or substantially prevailing party whenever it determines that
it under subsection (b) of
a determination under this
(c) In any judicial proceeding
this section in which ireviaw is
tor Bseoffjffiffi, if
additional evidence, and shows to the satisfaction of the court that
such additional evidence is material and that there were reason-
able grounds for the failure to adduce such evidence in the proceed-
ing 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 condi-
tions as the court may deem proper. The Administrator may modify
his findings as to the facts, or make new findings, by reason of the
additional evidence so taken and he shall file such modified or new
findings, and his recommendation, if any, for the modification or
setting aside of his original determination with the return of such
additional evidence.
(33 U.S.C. 1369)
STATE AUTHORITY
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
subdivision 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; ex-
cept that if an effluent limitation, or other limitation, effluent
standard, prohibition, pretreatment standard, or standard of per-
formance is in effect under this Act, such State or political subdivi-
sion or interstate agency may not adopt or enforce any effluent lim-
itation, 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 per-
formance under this Act; or (2) be construed as impairing or in any
manner affecting any right or jurisdiction of the States with re-
spect to the waters (including boundary waters) of such States.
(33 U.S.C. J370)
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 provi-
sions of any treaty of the United States.
(b) Discharges of pollutants into the navigable waters subject
to the Eivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421)
and the Supervisory Harbors, Act of 1888 (25 Stat. 209; 33 U.S.C.
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 mavi-
to fc!h® eourS for leav© to adduce
avuu eiauu Biaavuiwji
(cHD Except for the provision of Federal financial assistance
for the purpose of assisting the construction of publicly owned
treatment works as authorized by section 201 of this Act, and the
-------
OQDEB WULWW BHIBH.
issusiiBcs of si
of smy
Act, mo aetaoira
fit® deemed a
umder secfciion 4102 of this Act for the discharge
si mew soures sis deined in section 306 of this
Administrator taken pursuant to this Act shall
Federsil siction signilfiicantly afflfiecting the quality
vironmsntal Policy Act of 1%9 (83 Stat 852); and
(2) Nothing in fth® National Environmental Policy Act of 18S9
(83 Stat 852) shall be deemed to—
(A) authorize amy Federal agency authorised to license or
permit the conduct of any activity which may result in the dis-
charge of a pollutant into the navigable waters to review any
effluent limitation or other requirement established pursuant
to this Act or the adequacy of any certiication under section
401 of ths Act; or
(B) authorize any stach sigency to impose, sis a condition
precedent to the issuance of any license or permit, any effluent
(d) Noftwidlbstoadiing ftMe Ac4 oir mmy ofchuer provisaoiras of Daw, the
Admimeforsitor (1) shall mot, nsqmre mmy Stote to eomsider im the de-
velopmenift of ftfee rsuraMiag BB order of priorilty of ssiseds for the con-
stractsom of ftmsatmend works (as deEmed in title II of this Act), any
water pollutions const™! agreememit which may have been entered
onto itetereens the United States arad any other nation, and (2) shall
mot comider ©my siaich agriBemeat'nn the approval of any such prior-
U.8.C. 1373)
sis Act, or the application of any
provision of tMs Aet to may PSFSOB or dmamstamss,, is held invalid,
(^application ®f emA provision to other persons op draamstances,
i remainder of thie Aet shalll not bs afcctod '"
SEC. §E3. The Admimstimtor shsffl tek® suach action as may be
on
wages at rates not less than
of work OB& similar construction
by the Seeretry of Labor,
3, 1931, as amended, Iknown
as the Davis-Bacon Act (48 Stat. 1494; 40 U.S.C., ESC. 276® through
shall have, with respect to the
Mmiib®r®d 14 of i960 (15
of Jsme 13, 1934, as amended
PUBLIC WEALTH AGENCY COORDINATION
SEC. 514. The permitting agency under section 402 shall assist
the applicant for a permit minder such section in coordinating the
requirements of this Act with those of the appropriate public health
(33 O.S.C. 1373)
EFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY
COMMITTEE
SEC. 515. (aXl) There is established on Effluent Standards and
Water Quality Information Advisory Committee, which shall be
composed of a Chairman and eight members who shall be ap-
pointed by the Administrator within sixty days allter the date of en-
actment of this Act.
(2) All members of the (Committee shall be selected from the
scientific community, qualified by education, training, and experi-
ence to provide assess, and evaluate scientific and technical infor-
mation on effluent standards and limitations.
(3) 'Members of the Committee shall serve for a term of four
years, and may be reappointed.
(bMD No later than one hundred and eighty days prior to the
date on which the Administrator is required to publish any pro-
posed regulations required by section 304(b) of this Act, any pro-
posed standard of performance for new sources required by section
306 of this Act, or any proposed toxic effluent standard required by
section 307 of this Act, he shall transmit to the Committee a notice
of intent to propose such regulations. The Chairman of the Com-
mittee within ten days allter receipt of such notice may publish a
notice of a public hearing by the Committee, to be held within thir-
(2) No later than one hundred and twenty days after receipt
of such notice, the Committee shall transmit to the Administrator
such scientific and technical information as is in its possession, in-
cluding that presented at any public hearing, related to the subject
matter contained in such notice.
(3) Information so transmitted to the Administrator shall con-
stitute a part of the administrative record and comments on any
proposed regulations or standards as information to be considered
witn other comments and information in making any final deter-
(4) In preparing information for transmittal, the Committee
shall avail atself of the technical and scientific services of any Fed-
eral agency, including the United States Geological Survey and any
national environmental laboratories which may be established.
(cKl) The Committee shall appoint and prescribe the duties of
a Secretary, and such legal counsel as it deems necessary. The
Committee shall appoint such other employees as it deems nee-.
essary to exercise and' fulfill its powers and responsibilities. The
compensation of all employees appointed by the Committee shall be
feed! in accordance with chapter 511 and subchapter III of chapter
53 of title V of the United States Code.
(2) Members of the Committee shall be entitled to receivg com-
pensation at a rate to be fixed by the President but nq|Jn excess
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209
FEDERAL WATER POUUTION CONTROL ACT
Sec. 516
Soc. 518
FEDERAL WATER POLLUTION CONTROL ACT
210
of the maximum rate of pay grade for GS-18, as provided in the
General Schedule under section 6332 of title V of the United States
Code.
(d) Five members of the Committee shall constitute a quorum,
and official actions of the Committee shall be taken only on the af-
firmative vote of at least five members. A special panel composed
of one or more members upon order of the Committee shall conduct
any hearing authorized 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 nec-
essary for the orderly transaction of its business.
(33 U.S.C. 1374)
REPORTS TO CONGRESS
SEC. 516. (a) Within ninety days following the convening of
each session of Congress, the Administrator snail submit to the
Congress a report, in addition to any other report required by this
Act, on measures taken toward implementing the objective of this
Act, including, but not limited to, (1) the progress and problems as-
sociated 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 persona and agencies under Federal grants or con-
tracts; (3) the progress and problems associated with the develop-
ment 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 under the State
program plans for development and enforcement of water quality
requirements; (5) the identification and status of enforcement ac-
tions pending or completed under such Act during the preceding
year, (6) the status or 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 recommendations
under sections 109 through 111 of this Act: and (9) all reports and
recommendations made by the Water Pollution Control Advisory
Board.
(bXD The Administrator, in cooperation with the States, in-
cluding water pollution control agencies and other water pollution
control planning agencies, shall make (A) a detailed estimate of the
cost of carrying out the provisions of this Act; (B) a detailed esti-
mate, biennially revised, of the cost of construction of all needed
publicly owned treatment works in all of the States and of the cost
of construction of all needed publicly owned treatment works in
each of the States; (C) a comprehensive study of the economic im-
pact on affected units of government of the cost of installation of
treatment facilities; and (D) a comprehensive analysis of the na-
tional requirements for and the cost of treating municipal, indus-
trial, and other effluent to attain the water quality objectives as es-
tablished by this Act or applicable State law. The Administrator
shall submit such detailed estimate and such comprehensive study
of such cost to the Congress no later than February 10 of each odd-
numbered year. Whenever the Administrator, pursuant to this sub-
section, requests and receives an estimate of cost from a State, he
shall furnish copies of such estimate together with such detailed
estimate to Congress.
(2) Notwithstanding the second sentence of paragraph (1) of
this subsection, the Administrator shall make a preliminary de-
tailed estimate called for by subparagraph (B) of such paragraph
and shall submit such preliminary detailed estimate to the Con-
gress no later than September 3, 1974. The Administrator shall re-
quire each State to prepare an estimate of cost for such State, and
shall utilize the survey form EPA-1, O.M.B. No. 158-R0017, pre-
pared for the 1973 detailed estimate, except that such estimate
shall include all costs of compliance with section 201(gX2XA) of this
Act and water quality standards established pursuant to section
303 of this Act, and all costs of treatment works as defined in sec-
tion 212(2), including all eligible costs of constructing sewage col-
lection systems and correcting excessive infiltration or inflow and
all eligible costs of correcting combined storm and sanitary sewer
problems and treating storm water flows. The survey form shall be
distributed by the Administrator to each State no later than Janu-
ary 31, 1974.
(c) The Administrator shall submit to the Congress by October
1, 1978, a report on the status of combined sewer overflows in mu-
nicipal treatment works operations. The report shall include (1) the
status of any projects funded under this Act to address combined
sewer overflows, (2) a listing by State of combined sewer overflow
needs identified in the 1977 State priority listings, (3) an estimate
for each applicable municipality of the number of years necessary,
assuming an annual authorization and appropriation for the con-
struction grants program of $5,000,000,000 to correct combined
sewer overflow problems, (4) an analysis using representative mu-
nicipalities faced with major combined sewer overflow needs, of the
annual discharges of pollutants from overflows in comparison to
treated affluent discharges, (5) an analysis of the technological al-
ternatives available to municipalities to correct major combined
sewer overflow problems, and (6) any recommendations of the Ad-
ministrator for legislation to address the problem of combined
sewer overflows, including whether a separate authorization and
grant program should be established by the Congress to address
combined sewer overflows.
(d) The Administrator, in cooperation with the States, includ-
ing water pollution control agencies, and other water pollution con-
trol planning agencies, and water supply and water resources agen-
cies of the States and the United States shall submit to Congress,
within two years of the date of enactment of this section, a report
with recommendations for legislation on a program to require co-
ordination between water supply and wastewater control plans as
a condition to grants for construction of treatment works under this
Act. No such report shall be submitted except after opportunity for
public hearings on such proposed report.
(e) STATE REVOLVING FUND REPORT.—
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211
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 517
(1) IN GENERAL.—Not later than February 10, 1990, the
Administrator shall submit to Congress a report on the finan-
cial status and operations of water pollution control revolving
funds established by the States under the title VI of this Act.
The Administrator shall prepare such report in cooperation
with the States, including water pollution control agencies and
other water pollution control planning and financing agencies.
(2) CONTENTS.—The report under this subsection shall also
include the following:
(A) an inventory of the facilities that are in significant
noncompliance with the enforceable requirements of this
Act;
(B) an estimate of the cost of construction necessary to
bring such facilities into compliance with such require-
ments;
(C) an* assessment of the availability of sources of
funds for financing such needed construction, including an
estimate of the amount of funds available for providing as-
sistance for such construction through September 30, 1999,
from the water pollution control revolving funds estab-
lished by the States under title VI of this Act;
(D) an assessment of the operations, loan portfolio,
and loan conditions of such revolving funds;
(E) an assessment of the effect on user charges of the
assistance provided by such revolving funds compared to
the assistance provided with funds appropriated pursuant
to section 207 of this Act; and
(F) an assessment of the efficiency of the operation
and maintenance of treatment works constructed with as-
sistance provided by such revolving funds compared to the
efficiency of the operation and maintenance of treatment
works constructed with assistance provided under section
201 of this Act.
(33 U.S.C. 1376)
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 (0 and (h), 209, 304, 311 (c), (d), (i), (1), 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,
$350,000,000 for the fiscal year ending June 30, 1975, $100,000,000
for the fiscal year ending September 30, 1977, $150,000,000 for the
fiscal year ending September 30, 1978, $150,000,000 for the fiscal
year ending September 30, 1979, $150,000,000 for the fiscal year
ending September 30, 1980, $150,000,000 for the fiscal year ending
September 30, 1981, $161,000,000 for the fiscal year ending Sep-
tember 30, 1982, such sums as may be necessary for fiscal years
1983 through 1985, and $135,000,000 per fiscal year for each of the
fiscal years 1986 through 1990.
(33 U.S.C. 1376) -
Sec. 518
FEDERAL WATER POLLUTION CONTROL ACT
212
SEC. 518. INDIAN TRIBES.
(a) POLICY.—Nothing in this section shall be construed to affect
the application of section 10 Kg) of this Act, and all of the provi-
sions of this section shall be carried out in accordance with the pro-
visions of such section 101(g). Indian tribes shall be treatea as
States for purposes of such section 10 Kg).
(b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.—The
Administrator, in cooperation with the Director of the Indian
Health Service, shall assess the need for sewage treatment works
to serve Indian tribes, the degree to which such needs will be met
through funds allotted to States under section 205 of this Act and
priority lists under section 216 of this Act, and any obstacles which
prevent such needs from being met. Not later than one year after
the date of the enactment of this section, the Administrator shall
submit a report to Congress on the assessment under this sub-
section, along with recommendations specifying (1) how the Admin-
istrator intends to provide assistance to Indian tribes to develop
waste treatment management plans and to construct treatment
works under this Act, and (2) methods by which the participation
in and administration of programs under this Act by Indian tribes
can be maximized.
(c) RESERVATION OF FUNDS.—The Administrator shall reserve
each fiscal year beginning after September 30, 1986, before allot-
ments to the States under section 205(e), one-half of one percent
of the sums appropriated under section 207. Sums reservea under
this subsection shall be available only for grants for the develoment
of waste treatment management plans and for the construction of
sewage treatment works to serve Indian tribes, as defined in sub-
section (h) and former Indian reservations in Oklahoma (as deter-
mined by the Secretary of the Interior) and Alaska Native Villages
as defined in Public Law 92-203.
(d) COOPERATIVE AGREEMENTS.—In order to ensure the consist-
ent implementation of the requirements of this Act, an Indian tribe
and the State or States in which the lands of such tribe are located
may enter into a cooperative agreement, subject to the review and
approval of the Administrator, to jointly plan and administer the
requirements of this Act.
(e) TREATMENT AS STATES.—The Administrator is authorized to
treat an Indian tribe as a State for purposes of title II and sections
104, 106, 303, 305, 308, 309, 314, 319, 401, 402, and 404 of this
Act to the degree necessary to carry out the objectives of this sec-
tion, but only if—
(1) the Indian tribe has a governing body carrying out sub-
stantial governmental duties and powers;
(2) the functions to be exercised by the Indian tribe pertain
to the management and protection of water resources which
are held by an Indian tribe, held by the United States in trust
for Indiana, held by a member of an Indian tribe if such prop-
erty interest is subject to a trust restriction on alienation, or
otherwise within the borders of an Indian reservation; and
(3) the Indian tribe is reasonably expected to be capable,
in the Administrator's judgment, of carrying out the fuio-tions
to be exercised in a manner consistent with the terms and pur-
- poses of this Act and of all applicable regulations.
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213
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 518
Sec. 511
FEDERAL WATER POLLUTION CONTROL ACT
214
Such treatment aa a State may include the direct provision of
funds reserved under subsection (c) to the governing bodies of In-
dian tribes, and the determination of priorities by Indian tribes,
where not determined by the Administrator in cooperation with the
Director of the Indian Health Service. The Administrator, in co-
operation with the Director of the Indian Health Service, is author-
ized to make grants under title II of this Act in an amount not to
exceed 100 percent of the cost of a project. Not later than 18
months after the date of the enactment of this section, the Admin-
istrator shall, in consultation with Indian tribes, promulgate final
regulations which specify how Indian tribes shall be treated as
States for purposes of this Act The Administrator shall, in promul-
gating such regulations, consult affected States sharing common
water bodies and provide a mechanism for the resolution of any un-
reasonable consequences that may arise as a result of differing
water quality standards that may be set by States and Indian
tribes located on common bodies of water. Such mechanism shall
provide for explicit consideration of relevant factors including, but
not limited to, the effects of differing water quality permit require-
ments on upstream and downstream dischargers, economic im-
pacts, and present and historical uses and Quality of the waters
subject to such standards. Such mechanism should provide for the
avoidance of such unreasonable consequences in a manner consist-
ent with the objective of this Act.
(0 GRANTS FOR NONPOINT SOURCE PROGRAMS.—The Adminis-
trator shall make grants to an Indian tribe under section 319 of
this Act as though such tribe was a State. Not more than one-third
of one percent of the amount appropriated for any fiscal year under
section 319 may be used to make grants under this subsection. In
addition to the requirements of section 319, an Indian tribe shall
be required to meet the requirements of paragraphs (1), (2), and (3)
of subsection (d)' of this section in order to receive such a grant.
(g) ALASKA NATIVE ORGANIZATIONS.—No provision of this Act
shall oe construed to—
(1) grant, enlarge, or diminish, or in any way affect the
scope of the governmental authority, if any, of any Alaska Na-
tive organization, including any federally-recognized tribe, tra-
ditional Alaska Native council, or Native council organized
pursuant to the Act of June 18, 1934 (48 Stat. 987), over lands
or persons in Alaska;
(2) create or validate any assertion by such organization or
any form of governmental authority over lands or persons in
Alaska; or
(3) in any way affect any assertion that Indian country, as
defined in section 1161 of title 18, United States Code, exists
or does not exist in Alaska.
(h) DEFINITIONS.—For purposes of this section, the term—
(1) "Federal Indian reservation" means all land within the
limits of any Indian reservation under the jurisdiction of the
United States Government, notwithstanding the issuance of
any patent, and including rights-of-way running through the
reservation; and
1 Probably ihould b» tubMcUon (•».
(2) "Indian tribe" means any Indian tribe, band, grouiL or
community recognized by the Secretary of the Interior ana ex-
ercising governmental authority over a Federal Indian reserva-
tion.
(33 U.S.C. 1377)
SHORT TITLE
SEC. 519. This Act may be cited as the "Federal Water Pollu-
tion Control Act" (commonly referred to as the Clean Water Act).
(33 U.S.C. 1261 note)
TITLE VI-STATE WATER POLLUTION CONTROL
REVOLVING FUNDS
SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING
FUNDS.
(a) GENERAL AUTHORITY.—Subject to the provisions of this
title, the Administrator shall make capitalization grants to each
State for the purpose of establishing a water pollution control re-
volving fund for providing assistance (1) for construction of treat-
ment works (as defined in section 212 of this Act) which are pub-
licly owned, (2) for implementing a management program under
section 319, and (3) for developing and implementing a conserva-
tion and management plan under section 320.
(b) SCHEDULE OF GRANT PAYMENTS.—The Administrator and
each State shall jointly establish a schedule of payments under
which the Administrator will pay to the State the amount of each
grant to be made to the State under this title. Such schedule shall
be based on the State's intended use plan under section 606Xc) of
this Act, except that—
(1) such payments shall be made in quarterly installments,
and
(2) such payments shall be made as expeditiously as pos-
sible, but in no event later than the earlier of—
(A) 8 quarters after the date such funds were obligated
by the State, or
(B) 12 quarters after the date such funds were allotted
to the State.
(33 U.S.C. 1361)
SEC. 602. CAPITALIZATION GRANT AGREEMENTS.
(a) GENERAL RULE.—To receive a capitalization grant with
funds made available under this title and section 205(m) of this
Act, a State shall enter into an agreement with the Administrator
which shall include but not be limited to the specifications set forth
in subsection (b) of this section.
(b) SPECIFIC REQUIREMENTS.—The Administrator shall enter
into an agreement under this section with a State only after the
State has established to the satisfaction of the Administrator
-that^- _ * .-
(1) the State will accept grant payments with funds to be
made available under this title and section 205(m) of this Act
in accordance with a payment schedule established jointly by
the Administrator under section 601(b) of this Act and will de-
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215
FEDERAL WATER POLLUTION CONTROL ACT
See. 802
Sec. 603
FEDERAL WATER POLLUTION CONTROL ACT
216
posit all such payments in the water pollution control revolving
fund established by the State in accordance with this title;
(2) the State will deposit in the fund from State moneys
an amount equal to at least 20 percent of the total amount of
all capitalization grants which will be made to the State with
funds to be made available under this title and section 205Xm)
of this Act on or before the date on which each quarterly grant
payment will be made to the State under this title;
(3) the State will enter into binding commitments to pro-
vide assistance in accordance with the requirements of this
title in an amount equal to 120 percent of the amount of each
such grant payment within I year after the receipt of such
grant payment;
(4) all funds in the fund will be expended in an expeditious
and timely manner;
(5) all funds in the fund as a result of capitalization grants
under this title and section 205(m) of this Act will first be used
to assure maintenance of progress, as determined by the Gov-
ernor of the State, toward compliance with enforceable dead-
lines, goals, and requirements of this Act, including the munic-
ipal compliance deadline;
(6) treatment works eligible under section 603(cXD of this
Act which will be constructed in whole or in part before fiscal
year 1995 with funds directly made available by capitalization
grants under this title and section 205(m) of this Act will meet
the requirements of, or otherwise be treated (as determined by
the Governor of the State) under sections 20 Kb), 201(gXD,
201(gX2), 201(gX3), 201(gK6), 201(gX6), 201(nXD, 201(o),
204(aXD, 204UX2), 204(bXl), 204(dX2), 211, 218, 611(cXD, and
513 of this Act in the same manner as treatment works con-
structed with assistance under title II of this Act;
(7) in addition to complying with the requirements of this
title, the State will commit or expend each quarterly grant
payment which it will receive under this title in accordance
with laws and procedures applicable to the commitment or ex-
penditure of revenues of the State;
(8) in carrying out the requirements of section 606 of this
Act, the State will use accounting, audit, and fiscal procedures
conforming to generally accepted government accounting
standards;
(9) the State will require as a condition of making a loan
or providing other assistance, as described in section 603(d) of
this Act, from the fund that the recipient of such assistance
will maintain project accounts in accordance with generally ac-
cepted government accounting standards; and
(10) the State will make annual reports to the Adminis-
trator on the actual use of funds in accordance with section
606(d)ofthi8AcL
(33 U.S.C. 1382)
SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. >
(a) REQUIREMENTS FOR OBLIGATION OF GRANT FUNDS.—Before
a State may receive a capitalization grant with funds made avail-
able under this title and section 205Xm) of this Act the State shall
first establish a water pollution control revolving fund which com-
plies with the requirements of this section.
(b) ADMINISTRATOR.—Each State water pollution control revolv-
ing fund shall be administered by an instrumentality of the State
with such powers and limitations as may be required to operate
such fund in accordance with the requirements and objectives of
this Act.
(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—The amounts of
funds available to each State water pollution control revolving fund
shall be used only for providing financial assistance (1) to any mu-
nicipality, intennunicipal, interstate, or State agency for construc-
tion of publicly owned treatment works (as defined in section 212
of this Act), (2) for the implementation of a management program
established under section 319 of this Act, and (3) for development
and implementation of a conservation and management plan under
section 320 of this Act. The fund shall be established, maintained,
and credited with repayments, and the fund balance shall be avail-
able in perpetuity for providing such financial assistance.2
(d) TYPES OF ASSISTANCE.—Except as otherwise limited by
State law, a water pollution control revolving fund of a State under
this section may be used only—
(1) to make loans, on the condition that—
(A) such loans are made at or below market interest
rates, including interest free loans, at terms not to exceed
20 years;
(B) annual principal and interest payments will com-
mence not later than 1 year after completion of any project
and all loans will be fully amortized not later than 20
years after project completion;
(C) the recipient of a loan will establish a dedicated
source of revenue for repayment of loans; and
'See lection 1MB of the Marine Protection. Research and Sanctuaries Act of 1972 (33 U.S.C.
UUG) for additional amounta that an to be deposited into a Stale's fund and treatment of such
depoeits.
^Section 1000 of the Ocean Dumping Ban Act of 1988 (P.L. 100-688) is as follows:
SEC. 10M. USE OF STATE WATER POLLUTION CONTROL REVOLVING FUND
GRANTS FOR DEVELOPING ALTERNATIVE SYSTEMS.
(a) GENERAL REQUIREMENT.—Notwithstanding the provisions of title VI of the Federal Water
Pollution Control Act, each of the States of New York and New Jersey shall use 10 percent of
the amount of a grant payment made to such Slate under such title for each of the fiscal years
1990 and 1991 and 10 percent of the State's contribution associated with such grant payment
in the 6-month period beginning on the date of receipt of such grant payment for making loans
and providing other assistance ae described in section 603(d) of the Federal Water Pollution
Control Act to any governmental entity in such Stale which has entered into a compliance
agreement or enforcement agreement under section 1MB of the Marine Protection, Research,
and Sanctuaries Act of 1972 for identifying, developing, and implementing pursuant to such sec-
tion alternative systems for management of sewage sludge.
(b) LmrTATtOR—If, after the last day of the 6-month period beginning on the date of receipt
of a grant payment by the State of New York or New Jersey under title VI of the Federal Water
Pollution Control Act for each of fiscal years 1990 and 1991, 10 percent of the amount of .such
grant payment and the State's contribution associated with such grant payment has not been
used for providing assistance described In subsection (a) as a result of insufficient appjlutiona
for such assistance from persons eligible for such assistance, the 10 percent limitations •« forth
In subsection (a) shall not be applicable with respect to such grant payment and associgts»LSUU
contribution.
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217
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 604
(D) the fund will be credited with all payments of prin-
cipal and interest on all loans;
(2) to buy or refinance the debt obligation of municipalities
and intermunidpal and interstate agencies within the State at
or below market rates, where such debt obligations were in-
curred after March 7. 1985;
(3) to guarantee, or purchase insurance for, local obliga-
tions where such action would improve credit market access or
reduce interest rates;
(4) as a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the State if the proceeds of the sale of such bonds
will be deposited in the fund;
(5) to provide loan guarantees for similar revolving funds
established by municipalities or intermunidpal agendes;
(6) to earn interest on fund accounts; and
(7) for the reasonable costs of administering the fund and
conducting activities under this title, except that such amounts
shall not exceed 4 percent of all grant awards to such fund
under this title.
(e) LIMITATION To PREVENT DOUBLE BENEFITS.—If a State
makes, from its water pollution revolving fund, a loan which will
finance the cost of facility planning and the preparation of plans,
specifications, and estimates for construction of publicly owned
treatment works, the State shall ensure that if the recipient of
such loan receives a grant under section 20 Kg) of this Act for con-
struction of such treatment works and an allowance under section
201(1X1) of this Act for non-federal funds expended for such plan-
ning and preparation, such recipient will promptly repay such loan
to the extent of such allowance.
(0 CONSISTENCY WITH PLANNING REQUIREMENTS.—A State
may provide finandal assistance from its water pollution control
revolving fund only with respect to a project which is consistent
with plans, if any, developed under sections 206(j), 208, 303(e), 319,
and 320 of this Act
(g) PRIORITY LIST REQUIREMENT.—The State may provide fi-
nandal assistance from its water pollution control revolving fund
only with respect to a project for construction of a treatment works
described in subsection (cXD if such project is on the State's prior-
ity list under section 216 of this Act. Such assistance may be pro-
vided regardless of the rank of such project on such list
(h) ELIGIBILITY OF NON-FEDERAL SHARE OF CONSTRUCTION
GRANT PROJECTS.—A State water pollution control revolving fund
may provide assistance (other than under subsection (dXl) of this
section) to a municipality or intermunidpal or interstate agency
with respect to the non-Federal share of the costs of a treatment
works project for which such municipality or agency is receiving as-
sistance from the Administrator under any other authority only if
such assistance is necessary to allow such project to proceed.
(33 U.S.C. 1383)
SBC 604. ALLOTMENT OF FUNDS.
(a) FORMULA.—Sums authorized to be appropriated to carry
out this section for each of fiscal yean 1989 and 1990 ahall be al-
Sec. 80S
FEDERAL WATER POLLUTION CONTROL ACT
_ 218
lotted by the Administrator in accordance with section 2(KXc) of
this Act.
(b) RESERVATION OF FUNDS FOR PLANNING.—Each State shall
reserve each fiscal year 1 percent of the sums allotted to such State
under this section for such fiscal year, or $100,000, whichever
amount is greater, to carry out planning under sections 205(j) and
303(e)ofthis Act. ,
(c) ALLOTMENT PERIOD.—
(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.—Sums al-
lotted to a State under this section for a fiscal year shall be
available for obligation by the State during the fiscal year for
which sums are authorized and during the following fiscal
year.
(2) REALLOTMENT OF UNOBLIGATED FUNDS.—The amount of
any allotment not obligated by the State by the last day of the
2-year period of availability established by paragraph (1) shall
be immediately reallotted by the Administrator on the basis of
the same ratio as is applicable to sums allotted under title II
of this Act for the second fiscal year of such 2-year period.
None of the funds reallotted by the Administrator shall be real-
lotted to any State which has not obligated all sums allotted
to such State in the first fiscal year of such 2-year period.
(33 U.S.C. 1384)
SEC. 605. CORRECTIVE ACTION.
(a) NOTIFICATION OF NONCOMPLIANCE.—If the Administrator
determines that a State has not complied with its agreement with
the Administrator under section 602 of this Act or any other re-
quirement of this title, the Administrator shall notify the State of
such noncompliance and the necessary corrective action.
(b) WITHHOLDING OF PAYMENTS.—If a State does not take cor-
rective action within 60 days after the date a State receives notifi-
cation of such action under subsection (a), the Administrator shall
withhold additional payments to the State until the Administrator
is satisfied that the State has taken the necessary corrective action.
(c) REALLOTMENT OF WITHHELD PAYMENTS.—If the Adminis-
trator is not satisfied that adequate corrective actions have been
taken by the State within 12 months after the State is notified of
such actions under subsection (a), the payments withheld from the
State by the Administrator under subsection (b) shall be made
available for reallotment in accordance with the most recent for-
mula for allotment of funds under this title.
(33 U.S.C. 1386)
SEC. 600. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE
PLAN.
(a) FISCAL CONTROL AND AUDITING PROCEDURES.—Each State
electing to establish a water pollution control revolving fund under
this title shall establish fiscal controls and accounting procedures
sufficient to assure proper accounting during appropriate account-
ing periods for—
(1) payments received by the fund;
(2) disbursements made by the fund; and
(3) fund balances at the beginning and end of the account-
ing period.
-------
219
FEDERAL WATER POLLUTION CONTROL ACT
SM.606
(b) ANNUAL FEDERAL AUDITS.—The Administrator shall, at
least on an annual basis, conduct or require each State to have
independently conducted reviews and audits as may be deemed
necessary or appropriate by the Administrator to carry out the ob-
jectives of this section. Audits of the use of funds deposited in the
water pollution revolving fund established by such State shall be
conducted in accordance with the auditing procedures of the Gen-
eral Accounting Office, including chapter 76 of title 31, United
States Code.
(c) INTENDED USE PLAN.—After providing for public comment
and review, each State shall annually prepare a plan identifying
the intended uses of the amounts available to its water pollution
control revolving fund. Such intended use plan shall include, but
not be limited to—
(1) a list of those projects for construction of publicly
owned treatment works on the State's priority list developed
pursuant to section 216 of this Act and a list of activities eligi-
ble for assistance under sections 319 and 320 of this Act;
(2) a description of the short- and long-term goals and ob-
- jectives of its water pollution control revolving fund;
(3) information on the activities to be supported, including
a description of project categories, discharge requirements
under titles III and IV of this Act, terms of financial assist-
ance, and communities served;
(4) assurances and specific proposals for meeting the re-
quirements of paragraphs (3), (4), (5), and (6) of section 602(b)
of this Act; ana
(6) the criteria and method established for the distribution
of funds.
(d) ANNUAL REPORT.—Beginning the first fiscal year after the
receipt of payments under this title, the State shall provide an an-
nual report to the Administrator describing how the State has met
the goals and objectives for the previous fiscal year as identified in
the plan prepared for the previous fiscal year pursuant to sub-
section (c), including identification of loan recipients, loan amounts,
and loan terms and similar details on other forms of financial as-
sistance provided from the water pollution control revolving fund.
(e) ANNUAL FEDERAL OVERSIGHT REVIEW.—The Administrator
shall conduct an annual oversight review of each State plan pre-
pared under subsection (c), each State report prepared under sub-
section (d), and other such materials as are considered necessary
and appropriate in carrying out the purposes of this title. After rea-
sonable notice by the Administrator to the State or the recipient of
a loan from a water pollution control revolving fund, the State or
loan recipient shall make available to the Administrator such
records as the Administrator reasonably requires to review and de-
termine compliance with this title.
(0 APPLICABILITY OF TITLE II PROVISIONS.—Except to the ex-
tent provided in this title, the provisions of title II shall not apply
to grants under this title.
tlSW)
Sec. 607
FEDERAL WATER POLLUTION CONTROL ACT
220
SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the pur-
poses of this title the following sums:
(1) $1,200,000,000 per fiscal year for each of fiscal year
1989 and 1990;
(2) $2,400,000,000 for fiscal year 1991;
(3)! 1,800,000,000 for fiscal year 1992;
(4) i 1,200,000,000 for fiscal year 1993; and
(5) $600,000,000 for fiscal year 1994.
(33 U.8.C. 1387)
-------
Revise'* '« of July 1,1997
PART 131-WATER QUALITY
STANDARDS
Subpcut A— General Provision*
Sao.
131.1 Scope.
131.2 Purpose.
131.3 Definitions.
131.4 State authority.
131.6 EPA authority.
131.6 Minimum requirement* for water
quality standards submission.
131.7 Dispute resolution mechanism.
131.8 Requirements for Indian Tribes to ad-
minister a water quality standards pro-
gram.
Subpoit B— Establishment of Water Quality
Standard*
131.10 Designation of uses.
131.11 Criteria.
131.13 AnUdegradaUon policy.
131.13 General policies.
Subport C— Procedure* tor Review and
Revision of Water QuoJtty Standard*
131.20 State review and revision of water
quality standards.
131.21 EPA review and approval of water
quality stanrtsrrts
131.22 EPA promulgation of water quality
standards.
Subport D-FederaUy Promulgated Water
QuaBty Standard*
131.31 Arizona.
131.32 Pennsylvania.
131.33-131.34 (Reserved)
131.35 Oolville Confederated Tribe* Indian
131.36 Toxlas criteria for those states not
complying with Clean Water Act section
303(0X2X3).
131.37 California.
AUTHORITY: 33 U.B.C. 1281 tt $tg.
80UBCK 48 FR 61405. Nov. 8. 1883. unless
otherwise noted.
Subport A—General Provisions
Scop*
This put describes the requirements
and procedure* for developing, review-
ing, revising, and approving water
Quality standards by the States as au-
thorized toy section 303(o) of the Clean
•Water Act. Additional specific proce-
dures for developing, reviewing, revis-
- ing. and approving water quality stand-
ards for Great Lakes States or Oreat
Lakes Tribes (as defined in 40 OFR
132.2). to conform to section 118 of the
Clean Water Act and 40 CFR part 132,
are provided In 40 CFR part 132.
[60 PR 16386. Mar. 23.1996)
1131.2 PurpOM.
A water quality standard defines the
water quality goals of a water body, or
portion thereof, by designating the use
or uses to be made of the water and by
setting criteria necessary to protect
the uses. States adopt water quality
standards to protect public health or
welfare, enhance the quality of water
and serve the purposes of the Clean
Water Aot (the Aot). "Serve the pur-
poses of the Aot" (as defined in sec-
tions 101(a)(2) and 303(o) of the Aot)
means that water quality standards
should, wherever attainable, provide
water quality for the protection and
propagation of fish, shellfish and wild-
life and for recreation in and on the
water and take Into consideration their
use and value of public water supplies,
propagation of fish, shellfish, and wild-
life, recreation In and on the water.
and agricultural, industrial, and other
purposes including navigation.
Such standards serve the dual purposes
of establishing the water quality goals
.for a specific water body and serve as
the regulatory basis for the establish-
ment of water-quallty-based treatment
controls and strategies beyond the
technology-based levels of treatment
required by sections 301(b) and 306 of
the Aot.
I1SLS Definition*.
(a) The Act means the Clean Water
Aot (Pub. L. 93-600. as amended (33
U.B.0.1261 ei *««.)).
(b) Criteria are elements of State
water quality standards, expressed as
constituent concentrations, levels, or
narrative statements, representing a
quality of water that supports a par-
ticular use. When criteria are met.
water quality will generally protect
the designated use.
(o) Section 304(a) criteria are developed
by EPA under authority of section
3M(a) of the Aot based on the latest
scientific Information on the relation-
ship that the effect of a constituent
concentration has on particular aquat-
ic species and/or human health. This
Information is issued periodically to
the States as guidance for use in devel-
oping criteria.
(d) Toxic pollutants are those pollut-
ants listed by the Administrator under
section 307(a) of the Aot.
(e) Existing uses are those uses actu-
ally attained in the water body on or
after November 28.1976. whether or not
they are included in the water quality
standards.
(f) Designated uses are those uses
specified in water quality standards for
each water body or segment whether or
not they are being attained.
(g) Use attainability analysis is a
structured scientific assessment of the
factors affecting the attainment of the
use whioh may Include physical, chem-
ical, biological, and economic factors
as described in |131.10(g).
(b) Water quality limited segment
means any segment where It Is known
that water quality does not meet appli-
cable water quality standards, and/or is
not expected to meet applicable water
quality standards, even after the appli-
cation of the technology-bases effluent
limitations required by sections 301(b)
and 306 of the Aot.
(1) Water Quality standards are provi-
sions of State or Federal law which
consist of a designated use or uses for
'the waters of the United States and
water quality criteria for such waters
based upon such uses. Water quality
standards are to protect the public
health or welfare, enhance the quality
of water and serve the purposes of the
Aot.
(]) States Include: The 60 States, the
District of Columbia. Ouam. the Com-
monwealth of Puerto Rico. Virgin Is-
lands, American Samoa, the Trust Ter-
ritory of the Pacific Islands, the Com-
monwealth of the Northern Mariana
Islands, and Indian Tribes that EPA
determines to be eligible for purposes
of water quality standards program.
(k) Federal Indian Reservation. Indian
Reservation, or Reservation means all
land within the limits of any Indian
reservation under the Jurisdiction of
the United States Government, not-
withstanding the issuance of any pat-
ent. and Including rights-of-way run-
ning through the reservation."
(1) Indian Tribe or Tribe means any In-
dian Tribe, band, group, or community
recognized by the Secretary of the In-
terior and exercising governmental au-
'thority over a Federal Indian reserva-
tion.
[48 PR 61406. Nov. 8. 1983. as amended at 68
FR 61883. Deo. 12. 1991; 69 PR 64344. Deo. 14.
1994]
1131.4 State authority.
(a) States (as defined In J 131.3) are re-
sponsible for reviewing, establishing.
and revising water quality standards.
As recognized by section 610 of the
Clean Water Aot. States may develop
water quality standards more stringent
than required by this regulation. Con-
sistent with section 101(g) and 618(a) of
the Clean Water Aot, water quality
standards shall not be construed to su-
persede or abrogate rights to quan-
tities of water.
(b) States (as defined in 5131.3) may
Issue certifications pursuant to the re-
quirements of Clean Water Act section
401. Revisions adopted by States shall
be applicable for use in issuing State
certifications consistent with the pro-
visions of 1131.21(0).
(o) Where EPA determines that a
Tribe is eligible to the same extent as
a State for purposes of water quality
standards, the Tribe likewise Is eligible
to the same extent as a State for pur-
poses of certifications conducted under
Clean Water Act section 401.
[66 FR 64883. Deo. 12. 1991. as amended at 69
FR 84344. Deo. 14.1994]
I1SL6 EPA authority.
(a) Under section 303(c) of the Aot,
EPA Is to review and to approve or dis-
approve State-adopted water quality
standards. The review Involves a deter-
mination of:
(1) Whether the State has adopted
water uses which are consistent with
the requirements of the Clean Water
Aot;
(2) Whether the State has adopted
criteria that protect the designated
water uses;
(3) Whether the State has followed its
legal procedures for revising or adopt-
ing, standards;
(4) Whether the State standards
-------
wbloh do not include the uses specified
in section 101(a)(2) of the Act are baaed
upon appropriate technical and sci-
entific data and analyses, and
(6) Whether the State submission
meets the requirements included in
{131.6 of this part and, for Great Lakes
States or Great Lakes Tribes (as de-
fined in 40 CFR 132.2) to conform to
section 118 of the Act, the require-
ments of 40 CFR part 132.
(b) If EPA determines that the
State's or Tribe's water quality stand-
ards are consistent with the factors
listed in paragraphs (aXD through
(a)(6) of this section. EPA approves the
standards. EPA must disapprove the
State's or Tribe's water quality stand-
ards and promulgate Federal standards
under section 303(o)(4). and for Great
Lakes States or Great Lakes Tribes
under section 118(o)(2)(C) of the Act, if
State or Tribal adopted standards are
not consistent with the factors listed
In paragraphs (a)(l) through (a)(6) of
this section. EPA may also promulgate
a hew or revised standard when nec-
essary to meet the requirements of the
Act.
(c) Section 401 of the Clean Water Act
authorizes EPA to Issue certifications
pursuant to the requirements of sec-
tion 401 in any case where a State or
Interstate agency has no authority for
Issuing such certifications.
[48 FR 51405, Nov. 8. 1983. u amended at 66
FR 64894. DM. 12. 1091: 60 FR 15387. Mar. 23.
1995)
|131.6 Minimum requirements for
water quality standards submis-
sion.
The following elements must be in-
cluded in each State's water quality
standards submitted to EPA for review:
(a) Use designations consistent with
the provisions of sections 101(a)(2) and
303(c)(2) of the Act.
(b) Methods used and analyses con-
ducted to support water quality stand-
ards revisions.
(c) Water quality criteria sufficient
to protect the designated uses.
(d) An antldegradatlon policy con-
sistent with 1131.12.
(e) Certification by the State Attor-
ney General or other appropriate legal
authority within the State that the
water quality standards were duly
adopted pursuant to State law.
(0 General Information which will
aid the Agency in determining the ade-
quacy of the scientific basis of the
standards which do not include the
uses specified in section 101(a)(2) of the
Act as well as Information on general
policies applicable to State standards
which may affect their application and
Implementation.
1131.7 Dispute resolution mechanism.
(a) Where disputes between States
and Indian Tribes arise as a result of
differing water quality standards on
common bodies of water, the lead EPA
Regional Administrator, as determined
based upon OMB circular A-105, shall
be responsible for acting in accordance
with the provisions of this section.
(b) The Regional Administrator shall
attempt to resolve such disputes
where:
(1) The difference in water quality
standards results In unreasonable con-
sequences;
(2) The dispute is between a State (as
defined In 1131.30) but exclusive of all
Indian Tribes) and a Tribe which EPA
has determined is eligible to the same
extent as a State for purposes of water
quality standards;
(3) A reasonable effort to resolve the
dispute without EPA Involvement has
been made;
(4) The requested relief Is consistent
with the provisions of the Clean Water
Act and other relevant law;
(5) The differing State and Tribal
water quality standards have been
adopted pursuant to State and Tribal
law and approved by EPA; and
(6) A valid written request has been
(submitted by either the Tribe or the
'State.
(c) Either a State or a Tribe may re-
quest EPA to resolve any dispute
which satisfies the criteria of para-
jgraph (b) of this section. Written re-
quests for EPA Involvement should he
submitted to the lead Regional Admin-
istrator and must Include:
(1) A concise statement of the unrea-
sonable consequences that are alleged
to have arisen because of differing
water quality standards;
(2) A concise description of the ac-
tions which have been taken to resolve
the dispute without EPA Involvement;
(3) A concise indication of the water
quality standards provision which has
resulted In the alleged unreasonable
consequences;
(4) Factual data to support the al-
leged unreasonable consequences; and
(6) A statement of the relief sought
from the alleged unreasonable con-
sequences.
(d) Where, in the Regional Adminis-
trator's Judgment. EPA Involvement is
appropriate based on the factors of
paragraph (b) of this section, the Re-
gional Administrator shall, within 30
days, notify the parties In writing that
he/she is initiating an EPA dispute res-
olution action and solicit their written
response. The Regional Administrator
shall also make reasonable efforts to
ensure that other Interested individ-
uals or groups have notice of this ac-
tion. Such efforts shall include but not
be limited to the following:
(1) Written notice to responsible
Tribal and State Agencies, and other
affected Federal agencies.
(2) Notice to the specific individual
or entity that is alleging that an un-
reasonable consequence is resulting
from differing standards having been
adopted on a common body of water.
(3) Public notice in local newspapers.
radio, and television, as appropriate.
(4) Publication in trade Journal news-
letters, and '
(6) Other means as appropriate.
(e) If in accordance with applicable
State and Tribal law an Indian Tribe
and State have entered into an agree-
ment that resolves the dispute or es-
tablishes a mechanism for resolving a
dispute, EPA shall defer to this agree-
ment where it is consistent with the
Clean Water Act and where it has been
approved by EPA.
(0 EPA dispute resolution actions
shall be consistent with one or a com-
bination of the following options:
(1) Mediation. The Regional Adminis-
trator may appoint a mediator to me-
diate the dispute. Mediators shall be
EPA employees, employees from other
Federal agencies, or other Individuals
with appropriate qualifications.
(i) Where the State and Tribe agree
to participate in the dispute resolution
process, mediation with the Intent to
establish Tribal-State agreements,
consistent with Clean Water Act sec-
tion 618(d). shall normally be pursued
as a first effort. '
(11) Mediators shall act as neutral
facilitators whose function is to en-
courage communication and negotia-
tion between all parties to the dispute.
(ill) Mediators may establish advi-
sory panels, to consist in part of rep-
resentatives from the affected parties,
to study the problem and recommend
an appropriate solution.
(iv) The procedure and schedule for
mediation of individual disputes shall
be determined by the mediator In con-
sultation with the parties.
(v) If formal public hearings are held
In connection with the actions taken
under this paragraph. Agency require-
ments at 40 CFR 25.5 shall be followed.
(2) Arbitration. Where the parties to
the dispute agree to participate In the
dispute resolution process, the Re-
gional Administrator may appoint an
arbitrator or arbitration panel to arbi-
trate the dispute. Arbitrators and
panel members shall be EPA employ-
ees, employees from other Federal
agencies, or other individuals with ap-
propriate qualifications. The Regional
administrator shall select as arbitra-
tors and arbitration panel members in-
dividuals who are agreeable to all par-
ties, are knowledgeable concerning the
requirements of the water quality
standards program, have a basic under-
standing of the political and economic
, Interests of Tribes and States involved,
and are expected to fulfill the duties
fairly and Impartially.
(1) The arbitrator or arbitration
panel shall conduct one or more pri-
vate or public meetings with the par-
ties and actively solicit information
pertaining to the effects of differing
water quality permit requirements on
, upstream and downstream dischargers,
comparative risks to public health and
the environment, economic Impacts.
present and historical water uses, the
quality of the waters subject to such
standards, and other factors relevant
to the dispute, such as whether pro-
-------
posed wa quality criteria are more
stringent than necessary to support
designated uses, more stringent than
natural background water quality or
whether designated uses are reasonable
given natural background water qual-
ity.
(11) Following consideration of rel-
evant factors as defined In paragraph
(0(2X1) of this section, the arbitrator
or arbitration panel shall have the au-
thority and responsibility to provide
all parties and the Regional Adminis-
trator with a written recommendation
for resolution of the dispute. Arbitra-
tion panel recommendations shall, in
general, be reached by majority vote.
However, where the parties agree to
binding arbitration, or where required
by the Regional Administrator, rec-
ommendations of such arbitration pan-
els may be unanimous decisions. Where
binding or non-binding arbitration pan-
els cannot reach a unanimous rec-
ommendation after a reasonable period
of time, the Regional Administrator
may direct the panel to Issue a non-
binding decision by majority vote.
(Ill) The arbitrator or arbitration
panel members may consult with
EPA's Office of General Counsel on
legal Issues, but otherwise shall have
no ex part* communications pertaining
to the dispute. Federal employees who
are arbitrators or arbitration panel
members shall bo neutral and shall not
be predisposed for or against the posi-
tion of any disputing party based on
any Federal Trust responsibilities
which their employers may have with
respect to the Tribe. In addition, arbi-
trators or arbitration panel members
who are Federal employees shall act
independently from the normal hier-
archy within their agency.
(iv) The parties are not obligated to
abide by the arbitrator's or arbitration
panel's recommendation unless they
voluntarily entered Into a binding
•agreement to do so.
(v) If a party to the dispute believes
that the arbitrator or arbitration panel
has recommended an action contrary
to or Inconsistent with the Clean
Water Act. the party may appeal the
arbitrator's recommendation to the
Regional Administrator. The request
for appeal must be in writing and mus
include a description of the statutory
basis for altering the arbitrator's rec-
ommendation.
(vi) The procedure and schedule for
arbitration of individual disputes shall
be determined by the arbitrator or ar-
bitration panel in consultation with
parties.
(vii) If formal public hearings are
held in connection with the actions
taken under this paragraph, Agency re-
quirements at 40 CFR 25.6 shall be fol-
lowed.
(3) Dispute resolution default proce-
dure. Where one or more parties (as de-
fined in paragraph (g) of this section)
refuse to participate in either the me-
diation or arbitration dispute resolu-
tion processes, the Regional Adminis-
trator may appoint a single official or
panel to review available Information
pertaining to the dispute and to issue a
written recommendation for resolving
the dispute. Review officials shall be
EPA employees, employees from other
Federal agencies, or other Individuals
with appropriate qualifications. Re-
view panels shall Include appropriate
members to be selected by the Re-
gional Administrator in consultation
with the participating parties. Rec-
ommendations of such review officials
or panels shall, to the extent possible
given the lack of participation by one
or more parties, be reached In a man-
ner Identical to that for arbitration of
disputes specified In paragraphs (f)(2)(l)
through (fX2)(vil) of this section.
(g) Definitions. For the purposes of
this section:
(1) Dispute Resolution Mechanism
means the EPA mechanism established
pursuant to the requirements of Clean
Water Act section 61B(e) for resolving
unreasonable consequences that arise
as a result of differing water quality
standards 'that may be set by States
and Indian Tribes located on common
bodies of water.
(2) Parties to a State-Tribal dispute
include the State and the Tribe and
may, at the discretion of the Regional
Administrator, include an NPDES per-
mittee, citizen, citizen group, or other
affected entity.
J8 PR 64894. Deo. 12. 1991, as amended at 59
FR 64344. Deo. 14.1994]
} 131.8 Requirement* for Indian Tribes
to administer a water quality stand-
ard* program.
(a) The Regional Administrator, as
determined based on OMB Circular A-
105. may accept and approve a tribal
application for purposes of administer-
ing a water quality standards program
if the Tribe meets the following cri-
teria:
(1) The Indian Tribe IB recognized by
the Secretary of the Interior and meets
the definitions in {131.3 (k) and (1),
(2) The Indian Tribe has a governing
body carrying out substantial govern-
mental duties and powers,
(3) The water quality standards pro-
gram to be administered by the Indian
Tribe pertains to the management and
protection of water resources which are
within the borders of the Indian res-
ervation and held by the Indian Tribe,
within the borders of the Indian res-
ervation and held by the United States
In trust for Indians, within the borders
of the Indian reservation and held by a
member of the Indian Tribe If such
property interest is subject to a trust
restriction on alienation, or otherwise
within the borders of the Indian res-
ervation, and
, (4) The Indian Tribe is reasonably ex-
pected to be capable, In the Regional
Administrator's Judgment, of carrying
out the functions of an effective water
quality standards program In a manner
consistent with the terms and purposes
of the Act and applicable regulations.
(b) Requests by Indian Tribes for ad-
ministration of a water quality stand-
ards program should be submitted to
the lead EPA Regional Administrator.
The application shall Include the fol-
lowing Information:
(1) A statement that the Tribe Is rec-
ognized by the Secretary of the Inte-
rior.
(2) A descriptive statement dem-
.onstrating that the Tribal governing
body is currently carrying out substan-
tial governmental duties and powers
over a defined area. The statement
should:
(1) Describe the form of the Tribal
government:
(11) Describe the types of govern-
mental functions currently performed
by the Tribal governing body such as.
but not limited to, the exercise of po-
lice powers affecting (or relating to)
•the health, safety, and welfare of the
affected population, taxation, and the
exercise of the power of eminent do-
main; and
(ill) Identify the source of the Tribal
government's authority to carry out
the governmental functions currently
being performed.
(3) A descriptive statement of the
Indian Tribe's authority to regulate
water quality. The statement should
Include:
(1) A map or legal description of the
area over which the Indian Tribe as-
serts authority to regulate surface
water quality;
(11) A statement by the Tribe's legal
counsel (or equivalent official) which
describes the basis for the Tribes asser-
tion of authority and which may In-
clude a copy of documents such as
Tribal constitutions, by-laws, charters,
executive orders, codes, ordinances,
and/or resolutions which support the
Tribe's assertion of authority; and
• (ill) An identification of the surface
waters for which the Tribe proposes to
establish water quality standards.
(4) A narrative statement describing
the capability of the Indian Tribe to
administer an effective water quality
standards program. The narrative
statement should Include:
(1) A description of the Indian Tribe's
previous management experience
which may Include the administration
of programs and services authorized by
the Indian Self-Determinatlon and
Education Assistance Act (25 U.S.C. 45C
et seq.). the Indian Mineral Develop-
ment Act (25 U.8.C. 2101 et seq.). or the
Indian Sanitation Facility Construc-
tion Activity Act (42 U.8.C. 2004a);
(11) A list of existing environmental
or public health programs adminis-
tered by the Tribal governing body and
copies of related Tribal laws, policies.
and regulations;
(111) A description of the entity (or
entitles) which exercise the executive,
legislative, and Judicial functions of
-------
the Tribal government;
(iv) A description of the existing. 01
proposed, agency of the Indian Tribe
which will assume primary responsibil-
ity for establishing, reviewing, imple-
menting and revising water quality
standards;
(v) A description of the technical and
administrative capabilities of the stafl
to administer and manage an effective
water quality standards program or a
plan which proposes how the Tribe will
acquire additional administrative and
technical expertise. The plan must ad-
dress how the Tribe will obtain the
funds to acquire the administrative
and technical expertise.
(5) Additional documentation re-
quired by the Regional Admlnistratoi
which, in the Judgment of the Regional
Administrator, is necessary to support
a Tribal application.
(6) Where the Tribe has previously
qualified for eligibility or "treatment
as a state" under a Clean Water Act 01
Safe Drinking Water Aot program, the
Tribe need only provide the required
information which has not been sub-
mitted in a previous application.
(c) Procedure for processing an In-
dian Tribe's application.
(1) The Regional Administrator shall
process an application of an Indian
Tribe submitted pursuant to |131.8(b;
in a Jlmely manner. He shall promptly
notify the Indian Tribe of receipt of the
application.
(2) Within 30 days after receipt of the
Indian Tribe's application the Regional
Administrator shall provide appro-
priate notice. Notice shall:
(i) Include information on the sub-
stance and basis of the Tribe's asser-
tion of authority to regulate the qual-
ity of reservation waters; and
(it) Be provided to all appropriate
governmental entities.
(3) The Regional Administrator shall
provide 30 days for comments to be
submitted on the Tribal application.
Comments shall be limited to the
Tribe's assertion of authority.
(4) If a Tribe's asserted authority is
subject to a competing or conflicting
claim, the Regional Administrator.
after due consideration, and in consid-
eration of other comments received.
shall determine whether the Tribe has
adequately demonstrated that it meets
the requirements of § 131.8(a)(3).
(5) Where the Regional Administrator
determines that a Tribe meets the re-
quirements of this section, he shall
promptly provide written notification
to the Indian Tribe that the Tribe is
authorized to administer the Water
Quality Standards program.
(56 FR 64895. Deo. 12. 1991. as amended at 59
FR 64344. Deo. 14.1994] ,
Subpart B—Establishment of Water
Quality Standards
{131.10 Designation of UMB.
(a) Each State must specify appro-
priate water uses to be achieved and
protected. The classification of the wa-
ters of the State must take into con-
sideration the use and value of water
for public water supplies, protection
and propagation of fish, shellfish and
wildlife, recreation in and on the
water, agricultural. Industrial, and
other purposes including navigation. In
no case shall a State adopt waste
transport or waste assimilation as a
designated use for any waters of the
United States.
(b) In designating uses of a water
body and the appropriate criteria for
those uses, the State shall take into
consideration the water quality stand-
ards of downstream waters and shall
ensure that its water quality standards
provide for the attainment and mainte-
nance of the water quality standards of
downstream waters.
(c) States may adopt sub-categories
of a use and set the appropriate cri-
teria to reflect varying needs of such
sub-categories of uses, for instance, to
differentiate between cold water and
warm water fisheries.
(d) At a minimum, uses are deemed
attainable if they can be achieved by
the imposition of effluent limits re-
quired under sections 301(b) and 306 of
the Aot and cost-effective and reason-
.able best management practices for
nonpolnt source control.
(e) Prior to adding or removing any
use, or establishing sub-categories of a
use, the State shall provide notice and
an opportunity for a public hearing
under § 131.20(b) of this regulation.
(f) States may adopt seasonal uses as
an alternative to reclasslfylng a water
body or segment thereof to uses requir-
ing less stringent water quality cri-
teria. If seasonal uses are adopted,
water quality criteria should be ad-
justed to reflect the seasonal uses,
however, such criteria shall not pre-
clude the attainment and maintenance
of a more protective use in another
season.
(g) States may remove a designated
use which is not an existing use, as de-
fined in §131.3, or establish sub-cat-
egories of a use if the State can dem-
onstrate that attaining the designated
use is not feasible because:
(1) Naturally occurring pollutant
concentrations prevent the attainment
of the use; or
(2) Natural, ephemeral, intermittent
or low flow conditions or water levels
prevent the attainment of the use, un-
less these conditions may be com-
pensated for by the discharge of suffi-
cient volume of effluent discharges
without violating State water con-
servation requirements to enable uses
to be met; or
(3) Human caused conditions or
sources of pollution prevent the at-
tainment of the use and cannot be
remedied or would cause more en-
vironmental damage to correct than to
leave In place; or
(4) Dams, diversions or other types of
hydrologio modifications preclude the
attainment of the use, and it is not fea-
sible to restore the water body to its
original condition or to operate such
modification in a way that would re-
sult in the attainment of the use; or
(6) Physical conditions related to the
natural features of the water body,
such as the lack of a proper substrate,
cover, flow, depth, pools, riffles, and
the like, unrelated to water quality.
preclude attainment of aquatic life
protection uses; or
(6) Controls more stringent than
those required by sections 301(b) and
306 of the Aot would result in substan-
tial and widespread economic and
social impact.
(h) States may not remove designated
uses If:
(1) They are existing uses, as defined
in §131.3, unless a use requiring more
stringent criteria is added; or
(2) Such uses will be attained by im-
plementing effluent limits required
under sections 301(b) and 306 of the Act
and by implementing cost-effective and
reasonable best management practices
for nonpolnt source control.
(1) Where existing water quality
standards specify designated uses less
than those which are presently being
attained, the State shall revise its
standards to reflect the uses actually
being attained.
(j) A State must conduct a use at-
tainability analysis as described in
§131.3(g) whenever:
(1) The State designates or has des-
ignated uses that do not include the
uses specified in section 101(a)(2) of the
Act, or
(2) The State wishes to remove a des-
ignated use that is specified in section
101(a)(2) of the Act or to adopt
subcategories of uses specified in sec-
tion 101(a)(2) of the Act which require
less stringent criteria.
(k) A State is not required to conduct
a use attainability analysis under this
regulation whenever designating uses
which Include those specified in section
101(a)(2) of the Act.
§131.11 Criteria.
(a) Inclusion of pollutants: (1) States
must adopt those water quality cri-
teria that protect the designated use.
Such criteria must be based on sound
scientific rationale and must contain
sufficient parameters or constituents
to protect the designated use. For wa-
ters with multiple use designations.
the criteria shall support the most sen-
sitive use.
(2) Toxic pollutants. States must re-
view water quality data and informa-
tion on discharges to Identify specific
water bodies where toxic pollutants
may be adversely affecting water qual-
ity or the attainment of the designated
water use or where the levels of toxic
pollutants are at a level to warrant
concern and must adopt criteria for
such toxic pollutants applicable to the
water body sufficient to protect the
-------
designate^ ~*e. Where a State adopts
narrative criteria for toxic pollutants
to protect designated uses, the State
must provide Information Identifying
the method by which the State Intends
to regulate point source discharges of
toxic pollutants on water quality lim-
ited segments based on such narrative
criteria. Such Information may be In-
cluded as part of the standards or may
be Included In documents generated by
the State In response to the Water
Quality Planning and Management
Regulations (40 CPR part 35).
(b) Form of criteria: In establishing
criteria. States should:
(1) Establish numerical values based
on:
(1) 30t(a) Guidance; or
(11) 304(a) Guidance modified to re-
flect site-specific conditions; or
(111) Other scientifically defensible
methods;
(2) Establish narrative criteria or cri-
teria based upon blomonltorlhg meth-
ods where numerical criteria cannot be
established or to supplement numerical
criteria.
1131.1* Anttdegradation policy.
(a) The State shall develop and adopt
a statewide antldegradation policy and
Identify the methods for implementing
such policy pursuant to this snbpart.
The antldegradation policy and imple-
mentation methods shall, at a mini-
mom, be consistent with the following:
(1) Existing instroam water uses and
the level of water quality necessary to
protect the existing uses shall be main-
tained and protected.
(2) Where the quality of the waters
exceed levels necessary to support
propagation of fish, shellfish, and wild-
life and recreation.In and on the water.
that quality shall be maintained and
protected unless the State finds, after
full satisfaction of the Intergovern-
mental coordination and public partici-
pation provisions of the State's con-
tinuing planning process, that allowing
lower water quality is necessary to ac-
commodate Important economic or so-
cial development in the area in which
the waters are located. In allowing
such degradation or lower water qual
Ity, the State shall assure water qual-
ity adequate to protect existing uses
fully. Further, the State shall assure
that there shall be achieved the high-
est statutory and regulatory require-
ments for all new and existing point
sources and all cost-effective and rea-
sonable best management practices for
nonpoint source control.
(3) Where high quality waters con-
stitute an outstanding National re-
source, such as waters of National and
State parks and wildlife refuges and
waters of exceptional recreational or
ecological significance, that water
quality shall be maintained and pro-
tected.
(4) In those cases where potential
water quality Impairment associated
with a thermal discharge is Involved,
the antldegradation policy and Imple-
menting method shall be consistent
with section 318 of the Act.
1131.13 General policies.
States may. at their discretion, In-
clude in their State standards, policies
generally affecting their application
and implementation, such as mixing
cones, low flows and variances. Such
policies are subject to EPA review and
approval.
Subpcut C—Procedures for Review
and Revision of Water Quality
Standards
1131 JO State review and revision of
water quality •*M^M*«-
. (a) State review. The State shall from
time to time, bat at least once every
three years, hold public hearings for
the purpose of reviewing applicable
water quality' standards and, as appro-
priate, modifying and adopting stand-
ards. Any water body segment with
water quality standards that do not In-
clude the oses specified in section
101(a)(2) of the Act shall be re-exam-
ined every three years to determine if
any new information has become avail-
able. If such new information Indicates
that the uses specified in section
101(aX2) of the Act are attainable, the
State shall revise its standards accord-
ingly. Procedures States establish for
identifying and reviewing water bodies
for review should be incorporated into
their Continuing Planning Process.
(b) Public participation. The State
shall hold a public hearing for the pur-
pose of reviewing water quality stand-
ards, in accordance with provisions of
State law, EPA's water quality man-
agement regulation (40 CFR 130.3(b)(6))
and public participation regulation (40
CFR part 25). The proposed water qual-
ity standards revision and supporting
analyses shall be made available to the
public prior to the hearing.
(c) Submlttal to EPA. The State shall
submit the results of the review, any
supporting analysis for the use attain-
ability analysis, the methodologies
used for site-specific criteria develop-
ment, any general policies applicable
to water quality standards and any re-
visions of the standards to the Re-
gional Administrator for review and
approval, within 30 days of the final
State action to adopt and certify the
revised standard, or If no revisions are
made as a result of the review, within
30 days of the completion of the review.
1131.21 EPA review and approval of
water quality standards.
(a) After the State submits its offi-
cially adopted revisions, the Regional
Administrator shall either:
(1) Notify the State within 60 days
that the revisions are approved, or
(2) Notify the State within 90 days
that the revisions are disapproved.
Such notification of disapproval shall
specify the changes needed to assure
compliance with the requirements of
the Aot and this regulation, and shall
explain why the State standard la not
in compliance with such requirements.
Any new or revised State standard
must be accompanied by some type of
supporting analysis.
(b) The Regional Administrator's ap-
proval or disapproval of a State water
quality standard shall be based on the
requirements of the Aot as described in
11131.6 and 131.6, and, with respect to
Great Lakes States or Tribes (as de-
fined in 40 OFR 132.2), 40 CFR part 132.
(c) A State water qu , standard
remains in effect, even though dis-
approved by EPA, until the State re-
vises it or EPA promulgates a rule that
supersedes the State water quality
standard.
(d) EPA shall, at least annually, pub-
lish in the FEDERAL REGISTER a notice
of approvals under this section.
[48 FR 51405. Nov. 8. 1983. as amended at 60
FR16387. Mar. 23. IMS]
{131.22 EPA promulgation of water
quality standards.
(a) If the State does not adopt the
changes specified by the Regional Ad-
ministrator within 90 days after notifi-
cation of the Regional Administrator's
disapproval, the Administrator shall
promptly propose and promulgate such
standard.
(b) The Administrator may also pro-
pose and promulgate a regulation, ap-
plicable to one or more States, setting
forth a new or revised standard upon
determining such a standard is nec-
essary to meet the requirements of the
Act.
(o) In promulgating water quality
standards, the Administrator Is subject
to the same policies, procedures, analy-
ses, and public participation require-
ments established for States in these
regulations.
Subport D—Federally Promulgated
Water Quality Standards
I13L31 Arizona,
(a) Article 6. part 2 is amended as fol-
lows:
(1) Reg. 6-2-6.11 shall read:
Reg. 6-2-6Jl Nutrient Stamford*. A. The
mean •»"u**i total phosphate and mean an-
nual total nitrate concentrations of the fol-
lowing waters shall not exceed the values
given below nor shall the total phosphate or
total nitrate concentrations of more than 10
percent of the samples In any year exceed
the W percent values given below. Unless
otherwise specified, indicated values also
apply to tributaries to the named waters.
-------
1. Cokmto Rbar tan Utah bar-
dar lo Wlow Beach (main item)
2. Colorado River tan Wltow
BMCH Is Paifear Don (main
ttwn) _
3. Colorado Wver tan Parkar
Dm to Imperial 0am (miln
•1am) T-1IMII- «.«. Tn.IT,-lllll. »
4. Cakmito Mwir tan bnpiii
Dm to Uoraloa Dam (main
turn) .._„....._...„_„_._..._.....
5. Ola Hvar tan New Marioa
(uduotog San Cartoa He»-
•nok)
6. GBa How tan San Cartoa
RMWW* to Mhurat Haydan
Dam (Inducing San Cartoa Ra»-
f~^. ,„ „ , , „ ,!_, , ....„
8. Verda RJ»er (axcapl Of***
Graak) , ,
a. SaH Mvar atom Reoaaiiai.
Ufca , - , „-„,-,„„
ia Santa Cnn Rknv tan Mar-
national boundary naar Nogalai
to8fKinrito ,
11. UHe Colorado Rhw abov»
MaanMpd annual
Tow
pho»-
phataaat
PO*K)/I
0.04-0.06
OOS-OL10
04S-0.12
0.10-0.10
OJSO-0.80
OJO-0.50
OJO-0.50
O20-OJO
O20-OJO
OAHMO
OJO-O.SO
Total It
tralMU
NOjmgA
4-7
6
6-7
S-7
B. The above standards are Intended to
protect the beneficial OMB of the named wa-
ter*. Because regulation of nitrates and
phosphates alone may not be adequate to
protect waters trora •utrophleatlon. no sub-
stance shall be added to any surface water
which produces aquatic growth to the extent
that such growths create a public nuisance
or Interference with beneficial uses of the
water defined and designated In Reg. 8-3-6.6.
(2) Keg. 6-2-6.10 Subparts A and B
are amended to Include Reg. 6-2-6.11 in
series with Regs. 6-3-4.6, 6-3-6.7 and 6-
2-6.8.
(b) The following waters have, in ad-
dition to the uses designated by the
State, the designated use of fish con-
sumption as defined in RlB-11-101
(which Is available from the Arizona
Department of Environmental Quality,
Water Quality Division. 3033 North
Central Ave.. Phoenix. AZ 86012):
COLORADO MAIN STEM RIVER
BASIN:
Hualapai Wash
NODDLE OILA RIVER BASIN:
Agua Fria River (Camelback Road to
Avondale WWTP)
Galena Gulch
Gila River (Felix Road to the Salt
River)
Queen Creek (Headwaters to the Su-
perior WWTP)
Queen Creek (Below Potts Canyon)
SAN PEDRO RIVER BASIN:
Copper Creek
SANTA CRUZ RIVER BASIN:
Agua Caliente Wash
Nogales Wash
Sonoita Creek (Above the town of
Patagonia)
Tanque Verde Creek
Tinaja Wash
Davidson Canyon
UPPER GILA RIVER BASIN
Chase Creek
(c) To Implement the requirements of
R18-11-108.A.5 with respect to effects of
mercury on wildlife, EPA (or the. State
with the approval of EPA) shall imple-
ment a monitoring program to assess
attainment of the water quality stand-
ard.
(Sec. 303. Federal Water Pollution Control
Act. as amended. 33 U.8.0. 1313, 86 Stat. 816
et MO.. Pub. L. 93-600; Clean Water Aot. Pub.
L. 92-600. as amended; 33 U.8.C. 1261 et teq.)
(41 FR 25000. June 22. 1976; 41 FR 48737, Nov.
6. 1976. Redeslgnated and amended at 42 FR
66740. Oct. 28. 1977. Further redeslgnated and
amended at 48 FR (1408. Nov. 8. 1983; 61 FR
20693. May 7.1996)
1131.32 Pennsylvania.
(a) Antidegradatlon policy. This
antidegradatlon policy shall be appli-
cable to all waters of the United States
within the Commonwealth of Penn-
sylvania, including wetlands.
(1) Existing in-stream uses and the
level of water quality necessary to pro-
tect the existing uses shall he main-
tained and protected.
(2) Where the quality of the waters
exceeds levels necessary to support
propagation of fish, shellfish, and wild-
life and recreation in and on the water,
that quality shall be maintained and
protected unless the Commonwealth
finds, after full satisfaction of the
inter-governmental coordination and
public participation provisions of the
Commonwealth's continuing planning
process, that allowing lower water
quality Is necessary to accommodate
important economic or social develop-
ment In the area In which the waters
are located. In allowing such degrada-
tion or lower water quality, the Com-
monwealth shall assure water quality
adequate to protect existing uses fully.
Further, the Commonwealth shall as-
sure that there shall be achieved the
highest statutory and regulatory re-
quirements for all new and existing
point sources and all cost-effective and
reasonable best management practices
for nonpoint sources.
(3) Where high quality waters are
identified as constituting an outstand-
ing National resource, such as waters
of National and State parks and wild-
life refuges and water of exceptional
recreational and ecological signifi-
cance, that water quality shall be
maintained and protected.
(b) [Reserved]
[61 FR 64823. Deo. 9,1996)
«t 131.33-131.34 [Reserved]
1131.35 Colvllle Confederated Tribes
Indian Reservation.
The water quality standards applica-
ble to the waters within the Colvllle
Indian Reservation, located in the
State of Washington.
(a) Background. (1) It is the purpose
of these Federal water quality stand-
ards to prescribe minimum water qual-
ity requirements for the surface waters
located within the exterior boundaries
of the Colvllle Indian Reservation to
ensure compliance with section 303(c)
of the Clean Water Aot.
(2) The Colvllle Confederated Tribes
have a primary interest in the protec-
tion, control, conservation, and utiliza-
tion of the water resources of the
Colvllle Indian Reservation. Water
quality standards have been enacted
into tribal law by the Colvllle Business
Council of the Confederated Tribes of
the Colvllle Reservation, as the
Colvllle Water Quality Standards Aot,
CTC Title 33 (Resolution No. 1984-628
(August 6, 1984) as amended by Resolu-
tion No. 1886-20 (January IB, 1985)).
(b) Territory Covered. The provisions
of these water quality standards shall
apply to all surface waters within the
exterior boundaries of the Colvllle In-
dian Reservation.
(o) Applicability. Administration and
Amendment. (1) The water quality
standards In this section shall be used
by the Regional Administrator for es-
tablishing any water quality based Na-
tional Pollutant Discharge Elimination
•System Permit (NPDES) for point
sources on the Colvllle Confederated
Tribes Reservation.
(2) In conjunction with the issuance
of section 402 or section 404 permits,
the Regional Administrator may des-
ignate mixing zones in the waters of
the United States on the reservation
on a case-by-case basis. The size of
such mixing tones and the in-zone
water quality In such mixing zones
shall be consistent with the applicable
procedures and guidelines in EPA's
Water Quality Standards Handbook
and the Technical Support Document
for Water Quality Based Toxics Con-
trol.
(3) Amendments to the section at the
request of the Tribe shall proceed in
the following manner.
(1) The requested amendment shall
first be duly approved by the Confed-
erated Tribes of the Colville Reserva-
tion (and so certified by the Tribes
Legal Counsel) and submitted to the
Regional Administrator.
(11) The requested amendment shall
be reviewed by EPA (and by the State
of Washington, if the action would af-
fect a boundary water).
(Hi) If deemed In compliance with the
Clean Water Act, EPA will propose and
promulgate an appropriate change to
this section.
(4) Amendment of this section at
EPA's initiative will follow oonsulta- :
tlon with the Tribe and other appro-
priate entities. Such amendments will
then follow normal EPA rulemaking
procedures.
(6) All other applicable provisions of
this part 131 shall apply on the Colville
Confederated Tribes Reservation. Spe-
cial attention should be paid to 55131.6,
131.10. 131.11 and 131.20 for any amend-
ment to these standards to be initiated
by the Tribe.
(6) All numeric criteria contained in
this section apply at all in-stream flow
-------
rates gn> . than or equal to the flow
rate calculated as the minimum 7-con-
seoutlve day average flow with a recur-
rence frequency of once In ten yean
(7Q10); narrative criteria (|131.35(e)(3))
apply regardless of flow. The 7Q10 low
flow shall be calculated using methods
recommended by the U.B. Geological
Survey.
(d) Definition. (1) Acute toxicity
means a deleterious response (e.g..
mortality, dlsorlentatlon. Immobiliza-
tion) to a stimulus observed In 96 hours
or less.
(2) Background condition* means the
biological, chemical, and physical con-
ditions of a water body, upstream from
the point or non-point source discharge
under consideration. Background sam-
pling location in an enforcement ac-
tion will be upstream from the point of
discharge, but not upstream from other
Inflows. If several discharges to any
water body exist, and an enforcement
action is being taken for possible viola-
tions to the standards, background
sampling will be undertaken imme-
diately upstream from each discharge.
(3) Ceremonial and Religious water use
means activities involving traditional
Native American spiritual practices
which Involve, among other things, pri-
mary (direct) contact with water.
(4) Chronic Toxtdty means the lowest
concentration of a constituent causing
observable effects (I.e.. considering
lethality, growth, reduced reproduc-
tion, etc.) over a relatively long period
of time, usually a'28-day test period for
small flab teat species.
(6) Council or TViooI Council means
the Colvllle Business Council of the
ColvUle Confederated Tribes.
(6) Geometric mean means the nth root
of a product of n factors.
(7) Mean retention time means the
time obtained by dividing a reservoir's
mean annual minimum total storage
by the non-zero 30-day, ten-year low-
flow from the reservoir.
(8) Mixing Zone or dilution tone means
a limited area or volume of water
where Initial dilution of a discharge
takes place; and where numeric water
quality criteria can be exceeded but
acutely toxic conditions are prevented
.from occurring.
(0) pH means the negative logarith
of the hydrogen Ion concentration.
(10) Primary contact recreation means
activities where a person would have
direct contact with water to the point
of complete submergence, including
but not limited to skin diving, swim-
ming, and water skiing.
(11) Regional Administrator means the
Administrator of EPA's Region X.
(12) Reservation means all land within
the limits of the Colvllle Indian Res-
ervation, established on July 2. 1872 by
Executive Order, presently containing
1,389.000 acres more or less, and under
the Jurisdiction of the United States
government, notwithstanding the issu-
ance of any patent, and Including
rights-of-way running through the res-
ervation.
(13) Secondary contact recreation
means activities where a person's
water contact would be limited to the
extent that bacterial Infections of eyes,
ears, respiratory, or digestive systems
or urogenital areas would normally be
avoided (such as wading or fishing).
(14) Surface water means all water
above the surface of the ground within
the exterior boundaries of the Colvllle
Indian Reservation including but not
limited to lakes, ponds, reservoirs, ar-
tificial impoundments, streams, rivers,
springs, seeps and wetlands.
(16) Temperature means water tem-
perature expressed in Centigrade de-
grees (0).
(16) Total dissolved solids (TD8) means
the total filterable residue that passes
through a standard glass fiber filter
disk and remains after evaporation and
drying to a constant weight at 180 de-
grees 0. It Is considered to be a meas-
ure of the dissolved salt content of the
water.
(17) Toxicity means acute and/or
chronic toxicity.
(18) Tribe or Tribes means the Colville
Confederated Tribes.
(19) Turbidity means the clarity of
water expressed as nephelometrio tur-
bidity units (NTU) and measured with
. a calibrated turbidimeter.
(20) Wildlife habitat means the waters
and surrounding land areas of the Res-
ervation used by fish, other aquatic life
and wildlife at any stage of their life
history or activity.
(e) General considerations. The follow-
ing general guidelines shall apply to
the water quality standards and classi-
fications set forth In the use designa-
tion Sections.
(1) Classification boundaries. At the
boundary between waters of different
classifications, the water quality
standards for the higher classification
shall prevail.
(2) Antidegradation policy. This
antldegradation policy shall be appli-
cable to all surface waters of the Res-
ervation.
(I) Existing in-stream water uses and
the level of water quality necessary to
protect the existing uses shall be main-
tained and protected.
(11) Where the quality of the waters
exceeds levels necessary to support
propagation of fish, shellfish, and wild-
life and recreation in and on the water,
that 'quality shall be maintained and
protected unless the Regional Adminis-
trator finds, after full satisfaction of
the inter-governmental coordination
and public participation provisions of
the Tribes' continuing planning proc-
ess, that allowing lower water quality
is necessary to accommodate Impor-
tant economic or social development in
the area in which the waters are lo-
cated. In allowing such degradation or
lower water quality, the Regional Ad-
ministrator shall assure water quality
adequate to protect existing uses fully.
Further, the Regional Administrator
shall assure that there shall be
achieved the highest statutory and reg-
ulatory requirements for all new and
existing point sources and all cost-ef-
fective and reasonable best manage-
ment practices for nonpolnt source
control.
(Ill) Where high quality waters are
Identified as constituting an outstand-
ing national or reservation resource.
such as waters within areas designated
as unique water quality management
areas and waters otherwise of excep-
tional recreational or ecological sig-
nificance, and are designated as special
resource waters, that water quality
shall be maintained and protected.
(iv) In those cases where potential
water quality Irapaln. ., associated
with a thermal discharge is involved,
this antldegradation policy's imple-
menting method shall be consistent
with section 316 of the Clean Water
Act.
(3) Aesthetic qualities. All waters with-
in the Reservation, Including those
within mixing zones, shall be free from
substances, attributable to wastewater
discharges or other pollutant sources.
that:
(1) Settle to form objectionable de-
posits;
(11) Float as debris, scum, oil, or
other matter forming nuisances;
(ill) Produce objectionable color,
odor, taste, or turbidity;
(iv) Cause Injury to. are toxic to, or
produce adverse physiological re-
sponses In humans, animals, or plants;
or
(v) produce undesirable or nuisance
aquatic life.
(4) Analytical methods. (1) The analyt-
ical testing methods used to measure
or otherwise evaluate compliance with
water quality standards shall to the ex-
tent practicable, be in accordance with
the "Guidelines Establishing Test Pro-
cedures for the Analysis of Pollutants"
(40 CFR part 136). When a testing meth-
od is not available for a particular sub-
stance, the most recent edition of
"Standard Methods for the J**-""t|
-------
m* n
(?) Boonafelm
contact
(A) Bac-
teriological CriteFSo. Ta® geometric
of fete QssfcsrocoooJ baotsrio dea-
to Eamsjios tskssi over a SO day
sfflaM sofe Qsosefi 8 per 100 milli-
liters. aor shall cany Qiagl® sample ex-
eaQfi osa offltoTOOoecS utoasSfcy of 35 par
ICO millilitars. These limits ar® cal-
culated as tae geometric mesa of the
ly
(C) Total dissolved ga&—concentra-
tions shall not sxcesd 1510 percent of
pressures at any point of sample collec-
(D) Temperature—-{i) Designated
uses. The designated uses include but
are not limited to, the following:
(A) Water supply (industrial, agricul-
tural).
(B) Stock watering.
(C) Fish and shellfish: Salmonid mi-
gration, rearing, spawning, and har-
vesting; other fish migration, rearing,
spawning, and harvesting; crayfish
rearing, spawning, and harvesting.
(D) Wildlife habitat.
(B) Heoreation (secondary contact
recreation, sport fishing, boating and
(F) Commerce and navigation.
• (ii) Water quality criteria. (A) Bac-
teriological Criteria—The geometric
mean of the enterooooci bacteria den-
sities in samples taken over a 30 day
period shall not exceed 33/100 ml. nor
shall any single sample exceed an
enteroooooi density of 150 per 100 milli-
litera. These limits are calculated as
the geometric mean of the collected
samples approximately equally spaced
over a thirty day period.
(B) Dissolved oxygen.
7 (jay (vtocn _ « H..HM.Hnw. _.
1 day irtrtmum4 _
Ecrlylilo
olegoo1'*
el (o.s)
Q.O (3.0)
Olter
lilo
alcgao
SNA
95
1 Thooo era note? column osnontrcltono recommended to
ccNovo ttto required Intcrgravc) dissolved ooyncn oorexint/o-
bmo chosm In pcrcnlhoaoo. Tho 3 mgfl. (fincrcnlid la
-------
uses.
(4) Clou IV (Fair)—{I) Designated uses.
The designated uses Include but are not
limited to, tbe following:
(A) Water supply (Industrial).
(B) Stock watering.
(O) Fish (salmonid and other flab mi-
gration).
(D) Recreation (secondary contact
recreation, sport fishing, boating and
aesthetic enjoyment).
(B) Commerce and navigation.
(li) Water quality criteria. (A) Dis-
solved oxygen.
'day
7 day
IUMO minimum -
•nd othsf
fan iris/t-
oon
8.5
«NA
6.0
During al
other
time peri-
od*
5.5
•NA
4.0
1T4-146 0-97 24
IdayaHnJmum*. ..
•M cnMma «houkf to ooneWen
°*ssr
Mknontd
and other
tthmiare-
Don
4.0
"SSr*
"ar
3.0
die kietantaneou* coo-
otrtrwont to bo •clwvtQfli v PVIM.
(B) Total dissolved gas—concentra-
tions shall not exceed 110 percent of
the saturation value for gases at tbe
existing atmospheric and hydrostatic
pressures at any point of sample collec-
tion.
(0) Temperature shall not exceed 22.0
degrees C due to human activities.
Temperature increases shall not. at
any time, exceed t=20/(T+2).
(7) When natural conditions exceed
22.0 degrees O, no temperature increase
will be allowed which will raise the re-
ceiving water temperature by greater
than 0.3 degrees O.,
(2) For purposes hereof, "t" rep-
resents the permissive temperature
change across the dilution zone; and
"T" -represents the highest existing
temperature in this water classifica-
tion outside of any dilution zone.
(D) pH shall be within the range of 6.5
to 9.0 with a human-caused variation c
less than 0.6 units.
(E) Turbidity shall not exceed 10 NTU
over background turbidity when the
background turbidity Is 60 NTU or less,
or have more than a 20 percent increase
in turbidity when the background tur-
bidity is more than 60 NTU.
(F) Toxic, radioactive, noncon-
ventional, or deleterious material con-
centrations shall be less than those of
.public health significance, or which
may cause' acute or chronic toxic con-
ditions to the aquatic biota, or which
may adversely affect designated water
uses.
(6) Lake Class—(1) Designated uses.
The designated uses Include but are not
limited to. tbe following:
(A) Water supply (domestic, Indus-
trial, agricultural).
(B) Stock watering.
(C) Fish and shellfish: Salmonid mi-
gration, rearing, spawning, and har-
vesting; other fish migration, rearing,
spawning, and harvesting; crayfish
rearing, spawning, and harvesting.
(D) Wildlife habitat.
(B) Ceremonial and religious water
use.
(F) Recreation (primary contact
recreation, sport fishing, boating and
aesthetic enjoyment).
(O) Commerce and navigation.
(11) Water Quality criteria. (A) Bac-
teriological Criteria. The geometric
mean of the enterococcl bacteria den-
sities In samples taken over a 30 day
period shall not exceed 33/100 ml, nor
shall any single sample exceed an
enterooocoi density of 160 per 100 mllll-
llters. These limits are calculated as
the geometric mean of the collected
samples approximately equally spaced
over a thirty day period.
(B) Dissolved oxygen—no measurable
decrease from natural conditions.
(C) Total dissolved gas concentra-
tions shall not exceed 110 percent of
the saturation value for gases at the
existing atmospheric and hydrostatic
pressures at any point of sample collec-
tion.
(D) Temperature—no measurable
change from natural conditions.
(E) pH—no measurable change from
natural conditions.
(F) Turbidity shall not exceed 6 NTU
'Over natural conditions.'
(O) Toxic, radioactive, noncon-
ventlonal, or deleterious material con-
centrations shall be less than those
which may affect public health, tbe
natural aquatic environment, or the
desirability of the water for any use.
(6) Special Resource Water Class
(SRW>—(1) General characteristics. These
are fresh or saline waters which com-
prise a special and unique resource to
the Reservation. Water quality of this
class will be varied and unique as de-
termined by the Regional Adminis-
trator in cooperation with the Tribes.
(it) Designated use*. The designated
uses include, but are not limited to.
the following:
(A) Wildlife habitat.
(B) Natural foodchaln maintenance.
(ill) Water quality criteria.
(A) Enterococoi bacteria densities
shall not exceed natural conditions.
(B) Dissolved oxygen—shall not show
any measurable decrease from natural
conditions.
(C) Total dissolved gas shall not vary
from natural conditions.
(D) Temperature—shall not show any
measurable change from natural condi-
tions.
(E) pH shall not show any measurable
change from natural conditions.
(F) Settleable solids shall not show
•any change from natural conditions.
: (O) Turbidity shall not exceed 6 NTU
'over natural conditions.
(H) Toxic, radioactive, or deleterious
material concentrations shall not ex-
ceed those found under natural condi-
tions.
(g) General Classifications. General
classifications applying to various sur-
face waterbodles not specifically classi-
fied under {131.35(h) are as follows:
(1) All surface waters that are tribu-
taries to Class I waters are classified
Class I. unless otherwise classified.
(2) Except for those specifically clas-
sified otherwise, all lakes with existing
average concentrations less than 2000
mg/L TD8 and their feeder streams on
the Colville Indian Reservation are
classified as Lake Class and Class I, re-
spectively. '
(3) All lakes on the llle Indian
. Reservation with existing average con-
: centrationa of TDS equal to or exceed-
ing 2000 mg/L -and their feeder streams
are classified as Lake Class and Class I
respectively unless specifically classi-
fied otherwise.
(4) All reservoirs with a mean deten-
tion time of greater than 16 days are
classified Lake Class.
(6) All reservoirs with a mean deten-
tion time of 15 days or less are classi-
fied the same'as the river section in
which they are located.
(6) All reservoirs established on pre-
existing lakes are classified as Lake
Class.
(7) All wetlands are assigned to the
Special Resource Water Class.
(8) All other waters not specifically
assigned to a classification of the res-
ervation are classified as Class H.
(h) Specific Classifications. Specific
classifications for surface waters of the
Colville Indian Reservation are as fol-
lows:
(1) Stream*:
Alice Creek
Anderton Creek .
Aimitrong Creek
Bamaby CrMk _.
Bear Creek
Beaver Dam Creek.
Bridge Cfttk
Bruit) CrMk
BudchwnCrMk
Cache CrMk
Canteen Creek
CapooM Creek.
Cotabt CrMk
Columbia River ton CNef Jo-
Mph D*m to W«l* Own.
Columbia Rlvar ton northern
Reservation boundary to
Grind Coulee Dem (Boo-
aevettlake).
Columbia River ton Grand
CoulM Dam to Cn»f Joseph
Dam.
Cook CrMk _..
Cooper CrMk
Comtlah CrMk
Cougar CrMk
Coyol* CrMk
OMrtwm CrMk
Ok* CrMk
Dry CrMk
Empire CrMk
Faye CrMk
Forty Mil* CrMk
Gibaon CrMk
Gold CrMk ~
Granite Craek -
Grizzly Creek
Haley CrMk
Hal Creek
Hal Creek. We« Font
CUiaUl
Oautll
Ctaulll
Claull
data III
Ctault
Cltull
CUM III
CUM 111
CUM III
CUM I
CUM III
CUM III
CUM I
CUM III
CUM III
CUM I
CUM II
CUM III
CUM III
CUM I
CUM HI
CUM I
CUM III
CUM I
CUM II
CUMll
CUM III
CUM III
Claull
CUM I
-------
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-------
Footnote
•. Criteria revised to reflect current agen-
cy qf» or RID. as contained in the Integrated
Risk Information System (IRIS). The fish
tlasue bloconcentratlon factor (BCF) from
the 1980 criteria documents was retained in
all cases. • •
b. The criteria refers to the Inorganic form
only. . ,
o. Criteria in the matrix based on carolno-
genlolty (!OT« risk). For a risk level of 10-».
move the decimal point in the matrix value
one place to the right. ' : •
d. Criteria Maximum Concentration (CMC)
• the highest concentration of a pollutant to
which aquatic life can be exposed for a short
period of time (l-hour>'average) without dele-
terious effects. Criteria- Continuous' Con-
centration (CCC) « the highest concentration
of a pollutant to which aquatic life can be
exposed for an extended period of time-(4
days) without deleterious effects. ug/L! =
mlorbgranis per liter ••'•••
e. Freshwater aquatic life criteria for these
metals are expressed as a function of total
hardness (mg/L as CaCO,). the pollutant's
water effect ratio (WER) as denned In
1131.36(0) and multiplied by an appropriate
dissolved conversion factor as defined in
tl31.36(b)(2). For comparative purposes, the
values displayed In this matrix are shown as
dissolved metal and correspond to a total
hardness of 100 mg/L and a water effect ratio
of 1.0.
f. Freshwater aquatlo life criteria for
pentaohlorophenoi are expressed as a func-
tion of pH. and are calculated as follows.
Values displayed above In the matrix cor-
respond to a pH of 7.8.
CMC - exp(1.00S(pH) - 4.830) CCC »
exp(1.006(pH) - (.380)
9. Aquatic life criteria for these com-
pounds were issued in 1980 utilizing the 1980
Guidelines tor criteria development. The
acute values shown are final acute values
(FAV) which by the 1980 Guidelines are In-
stantaneous values aa contrasted with a CMC
which is a one-hour average.
h. These totals simply sum the criteria in
each column. For aquatlo life, there are 30
priority toxic pollutants with some type of
freshwater or saltwater, acute or chronic cri-
teria. For human health, there are 91 prior-
ity toxic pollutants with either "water +
fish" or "fish only" criteria. Note that these
totals count chromium as one pollutant even
though EPA has developed criteria based on
two valence states. In the matrix. EPA has
assigned numbers 6a and 6b to the criteria
for chromium to reflect the fact that the list
of 128 priority toxlo pollutants Includes only
a single listing for chromium.
1. If the CCC for total mercury exceeds
0.013 ug/L more than once in a 3-year period
In the ambient water, the edible portion of
aquatlo species of concern must be analyzed
to determine whether the concentration of
methyl mercury exceeds the FDA action
level (1.0 mg/kg). If the FDA action level Is
exceeded, the State must notify the appro-
priate EPA Regional Administrator. Initiate
a, revision of its mercury criterion In ita
water quality standards so as to protect des-
ignated uses, and take other appropriate ac-
tion such as-Issuance of a fish consumption
advisory for the affected area.
J. No. criteria for protection of human
health from consumption of aquatlo orga-
nisms (excluding water) was presented In the
1980 criteria document or In the 1986 Quality
Criteria for Water. Nevertheless, sufficient
Information was presented in the-1980 docu-
ment to allow a calculation of a criterion,
even though the results of such ^calculation
were not shown in the document.
k. The criterion for asbestos is the MCL (56
FR 3526; January 30.1991). -•'.-•
I. [Reserved:, this letter not used as a foot-
note],
m. .Criteria for these metals are expressed
as a function-of the water effect ratio. WER,
as defined In 40 CFR 131.36(c).
CMC » column Bl or Cl value x WER
CCC * column B2 or C2 value x WER
n. EPA is not promulgating human health
criteria for this contaminant. However, per-
mit authorities should address this contami-
nant in NPDES permit actions using the
State's existing narrative criteria for toxics.
o. [Reserved: This letter not used as a foot-
note].
p. Criterion expressed as total recoverable.
General Notes:
1. This chart lists all of BPA's priority
toxlo pollutants whether or not criteria rec-
ommendations are available. Blank spaces
indicate the absence of criteria recommenda-
tions. Because of variations In chemical no-
menclature systems, this listing of toxlo pol-
lutants does not duplicate the listing in Ap-
pendix A of 40 CFR Part 423. EPA has added
the Chemical Abstracts Service (CAS) reg-
istry numbers, which provide a unique Iden-
tification for each chemical.
2. The following chemicals have organ-
oleptlo based criteria recommendations that
are not included on this chart (for reasons
which are discussed In the preamble): copper.
tine, chlorobenzene. 2-chlorophenol. 2.4-
dichlorophenol. aoenaphthene. 2,4-
dlmethylphenol, 3-methyl-4-chlorophenol,
hexachlorocyolopentadiene,
pentaohlorophenoi. phenol
3. For purposes of this rulemaklng, fresh-
water criteria and saltwater criteria apply aa
specified in 40 CFR 131.36(0).
Note to paragraph (b)(l): On April 14, 1995.
the Environmental Protection Agency Issued
a stay of certain criteria In paragraph (bXD
of this section as follows: the criteria In col-
umns B and C for arsenic, cadmium, chro-
mium (VI), copper, lead, nickel, silver, and
jc; the criteria In Bl and Cl for mercury;
the criteria In column B for chromium (ED);
and the criteria in column C for selenium.
The stay remains In effect until further no-
tice.
(2) Factors for Calculating: Hardness-
Dependent, Freshwater Metals Criteria
CMC=WER exp {mA[ln(hai
Acute Conversion Factor
CCOWER exp {mc[ln(hardnes8)J+hc} x
Chronic Conversion Factor
Final CMC and CCC values should be
rounded to two significant figures.
Metal
Cadmium
Chromium (III)
Coooer ,
Lead •'
Nickel .. , - -
Silver
Zinc
mA
1.128
0.8180
0.9422
1273
0.8480
1.72
0.8473
bA'
-3.828
3.688
-1.464
•1.460
3.3812
-«.52
•••' 0.8604
me
0.76S2
0.8190
0.8545
1.273
0.8460
»N/A
0.8473
be
-3.490
1.581
-1.465
-4.705
1.1645
•N/A
0.7614
Freshwater conversion
factors
Acute
• &M«
0.316
0.960
•0.781
0.898
0.85
0.878
Chronic-
,»«»
0.880
0.860
.0.791
0.997
" • tVA
0.986
Note to 1abl«: The term *eip* represents the bOM • eiponenVal function.
Footnotes to table: •
•The freshwster conversion factors (CF) for cadmium and lead are hardr
ness (see limitations In 5131.36(c)(4)) using the following equations:
Cadmium • '' . •• •
Acute: CF.1.136672-((ln hardrwss)(0.041838)l
Chronic CF.1.101672-«tn hardnesa)(0.041838)1
Lead (Acute and Chronic): CF . 1.46203—((in hardness)(0.1457l2)]
•No chronic criteria are •vallable for silver.
^pendent and can be calculated for any hard-
(c) Applicability. (1) The criteria in
paragraph (b) of this section apply to
the States' designated uses cited In
paragraph (d) of this section and super-
sede any criteria adopted by the State.
except when State regulations contain
criteria which are more stringent for a
particular use In which case the State's
criteria will continue to apply.
(2) The criteria established in this
section are subj |