FEDERAL WATER POLLUTION CONTROL ACT

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[As Amended Through P.L. 107–303, November 27, 2002]

November 27, 2002

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November 27, 2002

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EDERAL

ATER

OLLUTION

ONTROL

(33 U.S.C. 1251 et seq.)

AN ACT To provide for water pollution control activities in the Public Health Serv-

ice of the Federal Security Agency and in the Federal Works Agency, and for

other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

TITLE I—RESEARCH AND RELATED PROGRAMS

DECLARATION OF GOALS AND POLICY

. 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 1985;

(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;

(5) 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

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Sec. 102 FEDERAL WATER POLLUTION CONTROL 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.

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.

(33 U.S.C. 1251)

COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL

. 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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5 FEDERAL WATER POLLUTION CONTROL ACT Sec. 102

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.

(b)(1) 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 the 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.

(c)(1) 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 interests in the basin or portion thereof involved and is ca-

pable of developing an effective, comprehensive water quality con-

trol plan for a basin or portion thereof.

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Sec. 103 FEDERAL WATER POLLUTION CONTROL ACT

(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;

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) øRepealed by section 2021(a) of Public Law 104–66 (109

Stat. 726).¿

(33 U.S.C. 1252)

INTERSTATE COOPERATION AND UNIFORM LAWS

. 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 (1) coopera-

tive effort and mutual assistance for the prevention and control of

pollution and the enforcement of their respective laws relating

thereto, and (2) the establishment of such agencies, joint or 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. 1253)

RESEARCH

INVESTIGATIONS

TRAINING

AND INFORMATION

. 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 accelera-

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7 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 and 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, and 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 not later than 90 days

after the date of convening of each session of Congress; and

(6) initiate and promote the coordination and acceleration

of research designed to develop the most effective practicable

tools and techniques for measuring the social and economic

costs and benefits of activities which are subject to 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

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Sec. 104 FEDERAL WATER POLLUTION CONTROL ACT

and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5),

referred to in paragraph (1) of subsection (a);

(5) establish and maintain research fellowships at public

or nonprofit private educational institutions or research organi-

zations;

(6) collect and disseminate, in cooperation with other 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 per-

taining to pollution and the prevention, reduction, and elimi-

nation thereof; and

(7) develop effective and practical processes, methods, and

prototype devices for the prevention, reduction, and elimi-

nation of pollution.

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.

(f) 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 Sec. 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.

(g)(1) For the purpose of providing an adequate supply of

trained personnel to operate and maintain existing and future

treatment works and related activities, and for the purpose of 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 training programs and 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 prom-

ising research fellows; and

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

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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

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

Secretary of the department in which the Coast Guard is operating

may enter into contracts with, or make grants to, public or private

organizations and individuals.

(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.

(l)(1) The Administrator shall, after consultation with appro-

priate local, State, and Federal agencies, public and private organi-

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11 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104

zations, and interested individuals, as soon as practicable but not

later than January 1, 1973, develop and issue to the States for the

purpose of carrying out this Act the latest scientific knowledge

available in indicating the kind and extent of effects on health and

welfare which may be expected from the presence of pesticides in

the water in varying quantities. He shall revise and add to such

information whenever necessary to reflect developing scientific

knowledge.

(2) The President shall, in consultation with appropriate local,

State, and Federal agencies, public and private organizations, and

interested individuals, conduct studies and investigations of meth-

ods to control the release of pesticides into the environment which

study shall include examination of the persistency of pesticides in

the water environment and alternative thereto. The President shall

submit reports, from time to time, on such investigations to Con-

gress together with his recommendations for any necessary legisla-

tion.

(m)(1) The Administrator shall, in an effort to prevent degrada-

tion of the environment from the disposal of waste oil, conduct a

study of (A) the generation of used engine, machine, cooling, and

similar waste oil, including quantities generated, the nature and

quality of such oil, present collecting methods and disposal prac-

tices, and alternate uses of such oil; (B) the long-term, chronic bio-

logical effects of the disposal of such waste oil; and (C) the poten-

tial market for such oils, including the economic and legal factors

relating to the sale of products made from such oils, the level of

subsidy, if any, needed to encourage the purchase by public and

private nonprofit agencies of products from such oil, and the prac-

ticability of Federal procurement, on a priority basis, of products

made from such oil. In conducting such study, the Administrator

shall consult with affected industries and other persons.

(2) The Administrator shall report the preliminary results of

such study to Congress within six months after the date of enact-

ment of the Federal Water Pollution Control Act Amendments of

1972, and shall submit a final report to Congress within 18 months

after such date of enactment.

(n)(1) The Administrator shall, in cooperation with the Sec-

retary of the Army, the Secretary of Agriculture, the Water Re-

sources Council, and with other appropriate Federal, State, inter-

state, or local public bodies and private organizations, institutions,

and individuals, conduct and promote, encourage contributions to,

continuing comprehensive studies of the effects of pollution, includ-

ing sedimentation, in the estuaries and estuarine zones of the

United States on fish and wildlife, on sport and commercial fishing,

on recreation, on water supply and water power, and on other ben-

eficial purposes. Such studies shall also consider the effect of demo-

graphic trends, the exploitation of mineral resources and fossil

fuels, land and industrial development, navigation, flood and ero-

sion control, and other uses of estuaries and estuarine zones upon

the pollution of the waters therein.

(2) In conducting such studies, the Administrator shall assem-

ble, coordinate, and organize all existing pertinent information on

the Nation’s estuaries and estuarine zones; carry out a program of

investigations and surveys to supplement existing information in

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Sec. 104 FEDERAL WATER POLLUTION CONTROL ACT 12

representative estuaries and estuarine zones; and identify the prob-

lems and areas where further research and study are required.

(3) For the purpose of this subsection, the term ‘‘estuarine

zones’’ means an environmental system consisting of an estuary

and those transitional areas which are consistently influenced or

affected by water from an estuary such as, but not limited to, salt

marshes, coastal and intertidal areas, bays, harbors, lagoons,

inshore waters, and channels, and the term ‘‘estuary’’ means all or

part of the mouth of a river or stream or other body of water hav-

ing unimpaired natural connection with open sea and within which

the sea water is measurably diluted with fresh water derived from

land drainage.

(o)(1) The Administrator shall conduct research and investiga-

tions on devices, systems, incentives, pricing policy, and other

methods of reducing the total flow of sewage, including, but not

limited to, unnecessary water consumption in order to reduce the

requirements for, and the costs of, sewage and waste treatment

services. Such research and investigations shall be directed to de-

velop devices, systems, policies, and methods capable of achieving

the maximum reduction of unnecessary water consumption.

(2) The Administrator shall report the preliminary results of

such studies and investigations to the Congress within one year

after the date of enactment of the Federal Water Pollution Control

Act Amendments of 1972, and annually thereafter not later than

90 days after the date of convening of each session of Congress.

Such report shall include recommendations for any legislation that

may be required to provide for the adoption and use of devices, sys-

tems, policies, or other methods of reducing water consumption and

reducing the total flow of sewage. Such report shall include an esti-

mate of the benefits to be derived from adoption and use of such

devices, systems, policies, or other methods and also shall reflect

estimates of any increase in private, public, or other cost that

would be occasioned thereby.

(p) In carrying out the provisions of subsection (a) of this sec-

tion the Administrator shall, in cooperation with the Secretary of

Agriculture, other Federal agencies, and the States, carry out a

comprehensive study and research program to determine new and

improved methods and the better application of existing methods

of preventing, reducing, and eliminating pollution from agriculture,

including the legal, economic, and other implications of the use of

such methods.

(q)(1) The Administrator shall conduct a comprehensive pro-

gram of research and investigation and pilot project implementa-

tion into new and improved methods of preventing, reducing, stor-

ing, collecting, treating, or otherwise eliminating pollution from

sewage in rural and other areas where collection of sewage in con-

ventional, community-wide sewage collection systems is imprac-

tical, uneconomical, or otherwise infeasible, or where soil conditions

or other factors preclude the use of septic tank and drainage field

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-

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13 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104

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 (e)(2) of section 105; (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 persons.

(4) S

MALL FLOWS CLEARINGHOUSE

.—Notwithstanding section

205(d) of this Act, from amounts that are set aside for a fiscal

year under section 205(i) 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 205(i) 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.

(s) 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 shall consider (1) such data as are available on the lat-

est 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 nat-

ural resources. Such studies shall consider methods of minimizing

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Sec. 104 FEDERAL WATER POLLUTION CONTROL ACT 14

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 (g)(1) 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 (g)(1); (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 as 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 (g)(2); (4) not to exceed $10,000,000 for each

of the fiscal years ending June 30, 1973, June 30, 1974, and June

30, 1975, 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).

(v) S

TUDIES

ONCERNING

ATHOGEN

NDICATORS IN

OASTAL

ECREATION

ATERS

.—Not later than 18 months after the date of

the enactment of this subsection, after consultation and in coopera-

tion with appropriate Federal, State, tribal, and local officials (in-

cluding local health officials), the Administrator shall initiate, and,

not later than 3 years after the date of the enactment of this sub-

section, shall complete, in cooperation with the heads of other Fed-

eral agencies, studies to provide additional information for use in

developing—

(1) an assessment of potential human health risks result-

ing from exposure to pathogens in coastal recreation waters,

including nongastrointestinal effects;

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15 FEDERAL WATER POLLUTION CONTROL ACT Sec. 105

(2) appropriate and effective indicators for improving de-

tection in a timely manner in coastal recreation waters of the

presence of pathogens that are harmful to human health;

(3) appropriate, accurate, expeditious, and cost-effective

methods (including predictive models) for detecting in a timely

manner in coastal recreation waters the presence of pathogens

that are harmful to human health; and

(4) guidance for State application of the criteria for patho-

gens and pathogen indicators to be published under section

304(a)(9) to account for the diversity of geographic and aquatic

conditions.

(33 U.S.C. 1254)

GRANTS FOR RESEARCH AND DEVELOPMENT

. 105. (a) The Administrator is authorized to conduct in the

Environmental Protection Agency, and to make grants to any

State, municipality, or intermunicipal or interstate agency for the

purpose of assisting in the development of—

(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.

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:

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Sec. 105 FEDERAL WATER POLLUTION CONTROL ACT 16

(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

and confining pollutants so they will not migrate to cause

water or other environmental pollution; and

(3) improved 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.

(e)(1) 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 im-

proved methods of preventing, reducing, and eliminating 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 pre-

venting, reducing, storing, collecting, treating, or otherwise elimi-

nating pollution from sewage in rural and other areas where collec-

tion 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 infor-

mation obtained under this subsection as will encourage and en-

able the adoption of new and improved methods developed pursu-

ant 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 75 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 $75,000,000 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

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17 FEDERAL WATER POLLUTION CONTROL ACT Sec. 106

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 prior 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(a)(2) 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.

(33 U.S.C. 1255)

GRANTS FOR POLLUTION CONTROL PROGRAMS

. 106. (a) There are 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 fiscal year ending June 30, 1973;

and

(2) $75,000,000 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.

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 funds by such State or interstate agency during such fiscal

year for the recurrent expenses of carrying out its pollution control

program are less than the expenditure by such State or interstate

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Sec. 107 FEDERAL WATER POLLUTION CONTROL ACT 18

agency of non-Federal funds for such recurrent program expenses

during the fiscal year ending June 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 out as a part of its program—

(1) the establishment and operation of appropriate devices,

methods, systems, and procedures necessary to monitor, and to

compile and analyze data on (including classification according

to eutrophic condition), the quality of navigable waters and to

the extent practicable, ground waters including biological mon-

itoring; and provision for annually updating such data and in-

cluding it in the report required under section 305 of this Act;

(2) authority comparable to that in section 504 of this Act

and adequate contingency plans to implement such authority.

(f) Grants shall be made under this section on condition that—

(1) Such State (or interstate agency) filed with the Admin-

istrator within one hundred and twenty days after the date of

enactment of this section:

(A) a summary report of the current status of the

State pollution control program, including the criteria used

by the State in determining priority of treatment works;

and

(B) such additional information, data, and reports as

the Administrator may require.

(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. 1256)

MINE WATER POLLUTION CONTROL DEMONSTRATIONS

. 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 siltation from surface mining. Such projects shall

demonstrate the engineering and economic feasibility and practi-

cality of various abatement techniques which will contribute sub-

stantially 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 engineer-

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19 FEDERAL WATER POLLUTION CONTROL ACT Sec. 108

ing and economic feasibility and practicality of using sewage sludge

materials and other municipal wastes to diminish or prevent pollu-

tion affecting water quality from acid, sedimentation, or other pol-

lutants and in such projects to restore affected lands to usefulness

for forestry, agriculture, recreation, or 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 Appa-

lachian Regional Development Act of 1965, as amended.

of this section, shall be satisfied that the project area will not be

affected adversely by the influx of acid or other mine water pollu-

tion from nearby sources.

(d) Federal participation in such projects shall be subject to the

conditions—

(1) that the State shall acquire any land or interests there-

in necessary for such project; and

(2) that the State shall provide legal and practical protec-

tion to the project area to insure against any activities which

will cause future acid or other mine water pollution.

(e) There is authorized to be appropriated $30,000,000 to carry

out the provisions of this section, which sum shall be available

until expended.

(33 U.S.C. 1257)

POLLUTION CONTROL IN GREAT LAKES

. 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 more projects to demonstrate new methods and

techniques and to develop preliminary plans for the elimination or

control of pollution, within all or any part of the watersheds of the

Great Lakes. Such projects shall demonstrate the engineering and

economic feasibility and 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 the State, political subdivision, interstate agency, or

other public agency, or combination thereof, shall pay not less than

25 per centum of the actual project costs, which payment may be

in any form, including, but not limited to, land or interests therein

that is needed for the project, and personal property or services the

value of which shall be determined by the Administrator.

out the provisions of subsections (a) and (b) of this section, which

sum shall be available until expended.

(d)(1) In recognition of the serious conditions which exist in

Lake Erie, the Secretary of the Army, acting through the Chief of

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Sec. 109 FEDERAL WATER POLLUTION CONTROL ACT 20

Engineers, is 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 be 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 En-

vironmental Protection Agency, other interested departments,

agencies, and instrumentalities of the Federal Government, and

the States and their political subdivisions. This program shall set

forth alternative systems for managing waste water on a regional

basis and shall provide local and State governments with a range

of choice as to the type of system to be used for the treatment of

waste water. These alternative systems shall include both ad-

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. 1258)

TRAINING GRANTS AND CONTRACTS

. 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 and mainte-

nance of treatment works;

(B) training and retraining of faculty members;

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;

(D) 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

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21 FEDERAL WATER POLLUTION CONTROL ACT Sec. 110

(E) research into, and development of, methods of training

students or faculty, including the preparation of teaching mate-

rials and the planning of curriculum.

(b)(1) 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

carry out at such facility a program of training approved by the Ad-

ministrator. In any case where a grant is made to serve two or

more States, the Administrator is authorized to make an additional

grant for a supplemental facility in each such State.

(3) The Administrator may make such grant out of the sums

allocated to a State under section 205 of this Act, except that in

no event shall the Federal cost of any such training facilities ex-

ceed $500,000.

(4) The Administrator may exempt a grant under this section

from any requirement under section 204(a)(3) of this Act. Any

grantee who received a grant under this section prior to enactment

of the Clean Water Act of 1977 shall be eligible to have its grant

increased by funds made available under such Act.

(33 U.S.C. 1259)

APPLICATION FOR TRAINING GRANT OR CONTRACT

;

ALLOCATION OF

GRANTS OR CONTRACTS

. 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

containing such information, as the Administrator may require

to carry out his functions under this section, and for keeping

such records and for affording such access thereto as the Ad-

ministrator may find necessary to assure the correctness and

verification of such reports.

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Sec. 111 FEDERAL WATER POLLUTION CONTROL ACT 22

(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.

(3)(A) 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 the extent consistent with efficient Administration, to

enter into arrangements with institutions of higher education for

the full-time, part-time, or temporary employment, whether in the

competitive or excepted service, of students enrolled in programs

set forth in applications approved under paragraph (1).

(33 U.S.C. 1260)

AWARD OF SCHOLARSHIPS

. 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;

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

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23 FEDERAL WATER POLLUTION CONTROL ACT Sec. 112

(D) 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.

(4)(A) 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 is pursuing his course of study

such amount as he may determine to be consistent with prevailing

practices under comparable federally supported programs.

(5) A person awarded a scholarship under the provisions of this

section shall continue to receive the payments provided in this 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.

(33 U.S.C. 1261)

DEFINITIONS AND AUTHORIZATIONS

. 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

101 of the Higher Education Act of 1965 (other than an institu-

tion 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.

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Sec. 113 FEDERAL WATER POLLUTION CONTROL ACT 24

(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.

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,

$7,000,000 for the fiscal year ending September 30, 1979,

$7,000,000 for the fiscal year ending September 30, 1980,

$7,000,000 for the fiscal year ending September 30, 1981,

$7,000,000 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

. 113. (a) The Administrator is authorized to enter into

agreements with the State of Alaska to carry out one or more

projects to demonstrate methods to provide for central community

facilities for safe water and elimination or control of pollution in

those native villages of Alaska without such facilities. Such project

shall include provisions for community safe water supply systems,

toilets, bathing and laundry facilities, sewage disposal facilities,

and other similar facilities, and educational and informational 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.

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

November 27, 2002

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25 FEDERAL WATER POLLUTION CONTROL ACT Sec. 115

with the programs and projects authorized by sections 104(q) and

105(e)(2) 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.

(f) 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-

tain generally accepted standards of personal hygiene and public

health.

(33 U.S.C. 1263)

LAKE TAHOE STUDY

. 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.

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)

PLACE TOXIC POLLUTANTS

. 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

November 27, 2002

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Sec. 116 FEDERAL WATER POLLUTION CONTROL ACT 26

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 PCB RECLAMATION DEMONSTRATION PROJECT

. 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 standard of

protection of the public health, safety, and welfare than disposal of

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 grant 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 115 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 516.

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) D

EFINITIONS

.—In this section, the following definitions

apply:

(1) A

DMINISTRATIVE COST

.—The term ‘‘administrative cost’’

means the cost of salaries and fringe benefits incurred in ad-

ministering a grant under this section.

(2) C

HESAPEAKE BAY AGREEMENT

.—The term ‘‘Chesapeake

Bay Agreement’’ means the formal, voluntary agreements exe-

cuted to achieve the goal of restoring and protecting the Chesa-

peake Bay ecosystem and the living resources of the Chesa-

peake Bay ecosystem and signed by the Chesapeake Executive

Council.

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27 FEDERAL WATER POLLUTION CONTROL ACT Sec. 117

(3) C

HESAPEAKE BAY ECOSYSTEM

.—The term ‘‘Chesapeake

Bay ecosystem’’ means the ecosystem of the Chesapeake Bay

and its watershed.

(4) C

HESAPEAKE BAY PROGRAM

.—The term ‘‘Chesapeake

Bay Program’’ means the program directed by the Chesapeake

Executive Council in accordance with the Chesapeake Bay

Agreement.

(5) C

HESAPEAKE EXECUTIVE COUNCIL

.—The term ‘‘Chesa-

peake Executive Council’’ means the signatories to the Chesa-

peake Bay Agreement.

(6) S

IGNATORY JURISDICTION

.—The term ‘‘signatory juris-

diction’’ means a jurisdiction of a signatory to the Chesapeake

Bay Agreement.

(b) C

ONTINUATION OF

HESAPEAKE

ROGRAM

.—

(1) I

N GENERAL

.—In cooperation with the Chesapeake Ex-

ecutive Council (and as a member of the Council), the Adminis-

trator shall continue the Chesapeake Bay Program.

(2) P

ROGRAM OFFICE

.—

(A) I

N GENERAL

.—The Administrator shall maintain in

the Environmental Protection Agency a Chesapeake Bay

Program Office.

(B) F

UNCTION

.—The Chesapeake Bay Program Office

shall provide support to the Chesapeake Executive Council

by—

(i) implementing and coordinating science, re-

search, modeling, support services, monitoring, data

collection, and other activities that support the Chesa-

peake Bay Program;

(ii) developing and making available, through pub-

lications, technical assistance, and other appropriate

means, information pertaining to the environmental

quality and living resources of the Chesapeake Bay

ecosystem;

(iii) in cooperation with appropriate Federal,

State, and local authorities, assisting the signatories

to the Chesapeake Bay Agreement in developing and

implementing specific action plans to carry out the re-

sponsibilities of the signatories to the Chesapeake Bay

Agreement;

(iv) coordinating the actions of the Environmental

Protection Agency with the actions of the appropriate

officials of other Federal agencies and State and local

authorities in developing strategies to—

(I) improve the water quality and living re-

sources in the Chesapeake Bay ecosystem; and

(II) obtain the support of the appropriate offi-

cials of the agencies and authorities in achieving

the objectives of the Chesapeake Bay Agreement;

and

(v) implementing outreach programs for public in-

formation, education, and participation to foster stew-

ardship of the resources of the Chesapeake Bay.

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Sec. 117 FEDERAL WATER POLLUTION CONTROL ACT 28

NTERAGENCY

GREEMENTS

.—The Administrator may enter

into an interagency agreement with a Federal agency to carry out

this section.

(d) T

ECHNICAL

SSISTANCE AND

SSISTANCE

RANTS

.—

(1) I

N GENERAL

.—In cooperation with the Chesapeake Ex-

ecutive Council, the Administrator may provide technical as-

sistance, and assistance grants, to nonprofit organizations,

State and local governments, colleges, universities, and inter-

state agencies to carry out this section, subject to such terms

and conditions as the Administrator considers appropriate.

(2) F

EDERAL SHARE

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), the Federal share of an assistance grant provided

under paragraph (1) shall be determined by the Adminis-

trator in accordance with guidance issued by the Adminis-

trator.

(B) S

MALL WATERSHED GRANTS PROGRAM

.—The Fed-

eral share of an assistance grant provided under para-

graph (1) to carry out an implementing activity under sub-

section (g)(2) shall not exceed 75 percent of eligible project

costs, as determined by the Administrator.

(3) N

FEDERAL SHARE

.—An assistance grant under para-

graph (1) shall be provided on the condition that non-Federal

sources provide the remainder of eligible project costs, as deter-

mined by the Administrator.

(4) A

DMINISTRATIVE COSTS

.—Administrative costs shall not

exceed 10 percent of the annual grant award.

(e) I

MPLEMENTATION AND

ONITORING

RANTS

.—

(1) I

N GENERAL

.—If a signatory jurisdiction has approved

and committed to implement all or substantially all aspects of

the Chesapeake Bay Agreement, on the request of the chief ex-

ecutive of the jurisdiction, the Administrator—

(A) shall make a grant to the jurisdiction for the pur-

pose of implementing the management mechanisms estab-

lished under the Chesapeake Bay Agreement, subject to

such terms and conditions as the Administrator considers

appropriate; and

(B) may make a grant to a signatory jurisdiction for

the purpose of monitoring the Chesapeake Bay ecosystem.

(2) P

ROPOSALS

.—

(A) I

N GENERAL

.—A signatory jurisdiction described in

paragraph (1) may apply for a grant under this subsection

for a fiscal year by submitting to the Administrator a com-

prehensive proposal to implement management mecha-

nisms established under the Chesapeake Bay Agreement.

(B) C

ONTENTS

.—A proposal under subparagraph (A)

shall include—

(i) a description of proposed management mecha-

nisms that the jurisdiction commits to take within a

specified time period, such as reducing or preventing

pollution in the Chesapeake Bay and its watershed or

meeting applicable water quality standards or estab-

lished goals and objectives under the Chesapeake Bay

Agreement; and

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29 FEDERAL WATER POLLUTION CONTROL ACT Sec. 117

(ii) the estimated cost of the actions proposed to

be taken during the fiscal year.

(3) A

PPROVAL

.—If the Administrator finds that the pro-

posal is consistent with the Chesapeake Bay Agreement and

the national goals established under section 101(a), the Admin-

istrator may approve the proposal for an award.

(4) F

EDERAL SHARE

.—The Federal share of a grant under

this subsection shall not exceed 50 percent of the cost of imple-

menting the management mechanisms during the fiscal year.

(5) N

FEDERAL SHARE

.—A grant under this subsection

shall be made on the condition that non-Federal sources pro-

vide the remainder of the costs of implementing the manage-

ment mechanisms during the fiscal year.

(6) A

DMINISTRATIVE COSTS

.—Administrative costs shall not

exceed 10 percent of the annual grant award.

(7) R

EPORTING

.—On or before October 1 of each fiscal year,

the Administrator shall make available to the public a docu-

ment that lists and describes, in the greatest practicable de-

gree of detail—

(A) all projects and activities funded for the fiscal

year;

(B) the goals and objectives of projects funded for the

previous fiscal year; and

cal years.

(f) F

EDERAL

ACILITIES AND

UDGET

OORDINATION

.—

(1) S

UBWATERSHED PLANNING AND RESTORATION

.—A Fed-

eral agency that owns or operates a facility (as defined by the

Administrator) within the Chesapeake Bay watershed shall

participate in regional and subwatershed planning and restora-

tion programs.

(2) C

OMPLIANCE WITH AGREEMENT

.—The head of each Fed-

eral agency that owns or occupies real property in the Chesa-

peake Bay watershed shall ensure that the property, and ac-

tions taken by the agency with respect to the property, comply

with the Chesapeake Bay Agreement, the Federal Agencies

Chesapeake Ecosystem Unified Plan, and any subsequent

agreements and plans.

(3) B

UDGET COORDINATION

.—

(A) I

N GENERAL

.—As part of the annual budget sub-

mission of each Federal agency with projects or grants re-

lated to restoration, planning, monitoring, or scientific in-

vestigation of the Chesapeake Bay ecosystem, the head of

the agency shall submit to the President a report that de-

scribes plans for the expenditure of the funds under this

section.

(B) D

ISCLOSURE TO THE COUNCIL

.—The head of each

agency referred to in subparagraph (A) shall disclose the

report under that subparagraph with the Chesapeake Ex-

ecutive Council as appropriate.

(g) C

HESAPEAKE

ROGRAM

.—

(1) M

ANAGEMENT STRATEGIES

.—The Administrator, in co-

ordination with other members of the Chesapeake Executive

Council, shall ensure that management plans are developed

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Sec. 117 FEDERAL WATER POLLUTION CONTROL ACT 30

and implementation is begun by signatories to the Chesapeake

Bay Agreement to achieve and maintain—

(A) the nutrient goals of the Chesapeake Bay Agree-

ment for the quantity of nitrogen and phosphorus entering

the Chesapeake Bay and its watershed;

(B) the water quality requirements necessary to re-

store living resources in the Chesapeake Bay ecosystem;

and Prevention Strategy goal of reducing or eliminating

the input of chemical contaminants from all controllable

sources to levels that result in no toxic or bioaccumulative

impact on the living resources of the Chesapeake Bay eco-

system or on human health;

(D) habitat restoration, protection, creation, and en-

hancement goals established by Chesapeake Bay Agree-

ment signatories for wetlands, riparian forests, and other

types of habitat associated with the Chesapeake Bay eco-

system; and

(E) the restoration, protection, creation, and enhance-

ment goals established by the Chesapeake Bay Agreement

signatories for living resources associated with the Chesa-

peake Bay ecosystem.

(2) S

MALL WATERSHED GRANTS PROGRAM

.—The Adminis-

trator, in cooperation with the Chesapeake Executive Council,

shall—

(A) establish a small watershed grants program as

part of the Chesapeake Bay Program; and

(B) offer technical assistance and assistance grants

under subsection (d) to local governments and nonprofit or-

ganizations and individuals in the Chesapeake Bay region

to implement—

(i) cooperative tributary basin strategies that ad-

dress the water quality and living resource needs in

the Chesapeake Bay ecosystem; and

(ii) locally based protection and restoration pro-

grams or projects within a watershed that complement

the tributary basin strategies, including the creation,

restoration, protection, or enhancement of habitat as-

sociated with the Chesapeake Bay ecosystem.

(h) S

TUDY OF

HESAPEAKE

ROGRAM

.—

(1) I

N GENERAL

.—Not later than April 22, 2003, and every

5 years thereafter, the Administrator, in coordination with the

Chesapeake Executive Council, shall complete a study and sub-

mit to Congress a comprehensive report on the results of the

study.

(2) R

EQUIREMENTS

.—The study and report shall—

(A) assess the state of the Chesapeake Bay ecosystem;

(B) compare the current state of the Chesapeake Bay

ecosystem with its state in 1975, 1985, and 1995;

being implemented on the date of enactment of this section

and the extent to which the priority needs are being met;

(D) make recommendations for the improved manage-

ment of the Chesapeake Bay Program either by strength-

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31 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118

ening strategies being implemented on the date of enact-

ment of this section or by adopting new strategies; and

(E) be presented in such a format as to be readily

transferable to and usable by other watershed restoration

programs.

(i) S

PECIAL

TUDY OF

IVING

ESOURCE

ESPONSE

.—

(1) I

N GENERAL

.—Not later than 180 days after the date of

enactment of this section, the Administrator shall commence a

5-year special study with full participation of the scientific

community of the Chesapeake Bay to establish and expand un-

derstanding of the response of the living resources of the

Chesapeake Bay ecosystem to improvements in water quality

that have resulted from investments made through the Chesa-

peake Bay Program.

(2) R

EQUIREMENTS

.—The study shall—

(A) determine the current status and trends of living

resources, including grasses, benthos, phytoplankton,

zooplankton, fish, and shellfish;

(B) establish to the extent practicable the rates of re-

covery of the living resources in response to improved

water quality condition;

particular attention to the impact of changes within and

among trophic levels; and

(D) recommend management actions to optimize the

return of a healthy and balanced ecosystem in response to

improvements in the quality and character of the waters

of the Chesapeake Bay.

(j) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized to

be appropriated to carry out this section $40,000,000 for each of fis-

cal years 2001 through 2005. Such sums shall remain available

until expended.

(33 U.S.C. 1267)

SEC. 118. GREAT LAKES.

(a) F

INDINGS

, P

URPOSE

AND

EFINITIONS

.—

(1) F

INDINGS

.—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

the lead in the effort to meet those goals, working with

other Federal agencies and State and local authorities.

(2) P

URPOSE

.—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-

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Sec. 118 FEDERAL WATER POLLUTION CONTROL ACT 32

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) D

EFINITIONS

.—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);

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, Pennsyl-

vania, 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.

(b) G

REAT

AKES

ATIONAL

ROGRAM

FFICE

.—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.

REAT

AKES

ANAGEMENT

.—

(1) F

UNCTIONS

.—The Program Office shall—

(A) in cooperation with appropriate Federal, State,

tribal, and international agencies, and in accordance with

November 27, 2002

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33 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118

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,;

(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;

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) G

REAT 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 numer-

ical 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

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

authority under this chapter, final water quality guidance

for the Great Lakes System.

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.

See P.L. 100–688, section 1008.

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Sec. 118 FEDERAL WATER POLLUTION CONTROL ACT 34

(3) R

EMEDIAL 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 (c)(1)(C) 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.

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 (c)(1)(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 Pro-

gram Office shall also make available, upon request, for-

mal comments made by the Environmental Protection

Agency on individual Remedial Action Plans.

(E) R

EPORT

.—Not later than 1 year after the date of

enactment of this subparagraph, the Administrator shall

submit to Congress a report on such actions, time periods,

and resources as are necessary to fulfill the duties of the

Agency relating to oversight of Remedial Action Plans

under—

(i) this paragraph; and

(ii) the Great Lakes Water Quality Agreement.

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35 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118

(4) L

AKEWIDE 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

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) S

PILLS 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

.—(A) The

Program Office shall carry out a five-year study and dem-

onstration projects relating to the control and removal of toxic

pollutants in the Great Lakes, with emphasis on the removal

of toxic pollutants from bottom sediments. In selecting loca-

tions for conducting demonstration projects under this para-

graph, priority consideration shall be given to projects at the

following locations: Saginaw Bay, Michigan; Sheboygan Har-

bor, Wisconsin; Grand Calumet River, Indiana; Ashtabula

River, Ohio; and Buffalo River, New York.

(B) The Program Office shall—

(i) by December 31, 1990, complete chemical,

physical, and biological assessments of the contami-

nated sediments at the locations selected for the study

and demonstration projects;

(ii) by December 31, 1990, announce the tech-

nologies that will be demonstrated at each location

and the numerical standard of protection intended to

be achieved at each location;

(iii) by December 31, 1992, complete full or pilot

scale demonstration projects on site at each location of

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Sec. 118 FEDERAL WATER POLLUTION CONTROL ACT 36

promising technologies to remedy contaminated sedi-

ments; and

(iv) by December 31, 1993, issue a final report to

Congress on its findings.

view and comment, shall publish information concerning

the public health and environmental consequences of con-

taminants in Great Lakes sediment. Information published

pursuant to this subparagraph shall include specific nu-

merical limits to protect health, aquatic life, and wildlife

from the bioaccumulation of toxins. The Administrator

shall, at a minimum, publish information pursuant to this

subparagraph within 2 years of the date of the enactment

of this title.

(8) A

DMINISTRATOR

’

S RESPONSIBILITY

.—The Administrator

shall ensure that the Program Office enters into agreements

with the various organizational elements of the Agency in-

volved in Great Lakes activities and the appropriate State

agencies specifically delineating—

(A) the duties and responsibilities of each such ele-

ment in the Agency with respect to the Great Lakes;

(B) the time periods for carrying out such duties and

responsibilities; and

responsibilities.

(9) B

UDGET ITEM

.—The Administrator shall, in the Agen-

cy’s annual budget submission to Congress, include a funding

request for the Program Office as a separate budget line item.

(10) C

OMPREHENSIVE REPORT

.—Within 90 days after the

end of each fiscal year, the Administrator shall submit to Con-

gress a comprehensive report which—

(A) describes the achievements in the preceding fiscal

year in implementing the Great Lakes Water Quality

Agreement of 1978 and shows by categories (including ju-

dicial enforcement, research, State cooperative efforts, and

general administration) the amounts expended on Great

Lakes water quality initiatives in such preceding fiscal

year;

(B) describes the progress made in such preceding fis-

cal year in implementing the system of surveillance of the

water quality in the Great Lakes System, including the

monitoring of groundwater and sediment, with particular

reference to toxic pollutants;

the condition of the Great Lakes; and

(D) provides a comprehensive assessment of the

planned efforts to be pursued in the succeeding fiscal year

for implementing the Great Lakes Water Quality Agree-

ment of 1978, which assessment shall—

(i) show by categories (including judicial enforce-

ment, research, State cooperative efforts, and general

administration) the amount anticipated to be ex-

pended on Great Lakes water quality initiatives in the

fiscal year to which the assessment relates; and

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37 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118

(ii) include a report of current programs adminis-

tered by other Federal agencies which make available

resources to the Great Lakes water quality manage-

ment efforts.

(11) C

ONFINED 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.

(B) 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 as the Administrator deems

appropriate.

agement of the 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 five

years after adoption of the plan and every five years there-

after.

(12) R

EMEDIATION OF SEDIMENT CONTAMINATION IN AREAS

OF CONCERN

.—

(A) I

N GENERAL

.—In accordance with this paragraph,

the Administrator, acting through the Program Office, may

carry out projects that meet the requirements of subpara-

graph (B).

(B) E

LIGIBLE PROJECTS

.—A project meets the require-

ments of this subparagraph if the project is to be carried

out in an area of concern located wholly or partially in the

United States and the project—

(i) monitors or evaluates contaminated sediment;

(ii) subject to subparagraph (D), implements a

plan to remediate contaminated sediment; or

(iii) prevents further or renewed contamination of

sediment.

RIORITY

.—In selecting projects to carry out under

this paragraph, the Administrator shall give priority to a

project that—

(i) constitutes remedial action for contaminated

sediment;

(ii)(I) has been identified in a Remedial Action

Plan submitted under paragraph (3); and

(II) is ready to be implemented;

(iii) will use an innovative approach, technology,

or technique that may provide greater environmental

benefits, or equivalent environmental benefits at a re-

duced cost; or

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Sec. 118 FEDERAL WATER POLLUTION CONTROL ACT 38

(iv) includes remediation to be commenced not

later than 1 year after the date of receipt of funds for

the project.

(D) L

IMITATION

.—The Administrator may not carry

out a project under this paragraph for remediation of con-

taminated sediments located in an area of concern—

(i) if an evaluation of remedial alternatives for the

area of concern has not been conducted, including a re-

view of the short-term and long-term effects of the al-

ternatives on human health and the environment; or

(ii) if the Administrator determines that the area

of concern is likely to suffer significant further or re-

newed contamination from existing sources of pollut-

ants causing sediment contamination following com-

pletion of the project.

(E) N

FEDERAL SHARE

.—

(i) I

N GENERAL

.—The non-Federal share of the

cost of a project carried out under this paragraph shall

be at least 35 percent.

(ii) I

KIND CONTRIBUTIONS

.—The non-Federal

share of the cost of a project carried out under this

paragraph may include the value of in-kind services

contributed by a non-Federal sponsor.

(iii) N

FEDERAL SHARE

.—The non-Federal share

of the cost of a project carried out under this

paragraph—

(I) may include monies paid pursuant to, or

the value of any in-kind service performed under,

an administrative order on consent or judicial con-

sent decree; but

(II) may not include any funds paid pursuant

to, or the value of any in-kind service performed

under, a unilateral administrative order or court

order.

(iv) O

PERATION AND MAINTENANCE

.—The non-Fed-

eral share of the cost of the operation and mainte-

nance of a project carried out under this paragraph

shall be 100 percent.

(F) M

AINTENANCE OF EFFORT

.—The Administrator

may not carry out a project under this paragraph unless

the non-Federal sponsor enters into such agreements with

the Administrator as the Administrator may require to en-

sure that the non-Federal sponsor will maintain its aggre-

gate expenditures from all other sources for remediation

programs in the area of concern in which the project is lo-

cated at or above the average level of such expenditures in

the 2 fiscal years preceding the date on which the project

is initiated.

(G) C

OORDINATION

.—In carrying out projects under

this paragraph, the Administrator shall coordinate with

the Secretary of the Army, and with the Governors of

States in which the projects are located, to ensure that

Federal and State assistance for remediation in areas of

concern is used as efficiently as practicable.

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39 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118

(H) A

UTHORIZATION OF APPROPRIATIONS

.—

(i) I

N GENERAL

.—In addition to other amounts au-

thorized under this section, there is authorized to be

appropriated to carry out this paragraph $50,000,000

for each of fiscal years 2004 through 2008.

(ii) A

VAILABILITY

.—Funds made available under

clause (i) shall remain available until expended.

(13) P

UBLIC INFORMATION PROGRAM

.—

(A) I

N GENERAL

.—The Administrator, acting through

the Program Office and in coordination with States, Indian

tribes, local governments, and other entities, may carry

out a public information program to provide information

relating to the remediation of contaminated sediment to

the public in areas of concern that are located wholly or

partially in the United States.

(B) A

UTHORIZATION OF APPROPRIATIONS

.—There is au-

thorized to be appropriated to carry out this paragraph

$1,000,000 for each of fiscal years 2004 through 2008.

(d) G

REAT

AKES

ESEARCH

.—

(1) E

STABLISHMENT OF RESEARCH OFFICE

.—There is estab-

lished within the National Oceanic and Atmospheric Adminis-

tration the Great Lakes Research Office.

(2) I

DENTIFICATION OF ISSUES

.—The Research Office shall

identify issues relating to the Great Lakes resources on which

research is needed. The 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) I

NVENTORY

.—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) R

ESEARCH 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, and use of information concerning research

projects which are ongoing or completed and which affect the

Great Lakes system.

(5) R

ESEARCH PROGRAM

.—The Research Office shall de-

velop, in cooperation with the Coordination Office, a com-

prehensive environmental research program and data base for

the Great Lakes system. The data base shall include, but not

be limited to, data relating to water quality, fisheries, and

biota.

(6) M

ONITORING

.—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 moni-

toring activities which address priority issues and current

needs relating to the Great Lakes.

(7) L

OCATION

.—The Research Office shall be located in a

Great Lakes State.

(e) R

ESEARCH AND

ANAGEMENT

OORDINATION

.—

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Sec. 118 FEDERAL WATER POLLUTION CONTROL ACT 40

(1) J

OINT 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) C

ONTENTS 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;

and

develop a comprehensive environmental data base for the

Great Lakes system and establish priorities for develop-

ment of such data base.

(3) H

EALTH 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) I

NTERAGENCY

OOPERATION

.—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.

(g) R

ELATIONSHIP TO

XISTING

EDERAL AND

TATE

AWS AND

NTERNATIONAL

REATIES

.—Nothing in this section shall be

construed—

(1) to affect the jurisdiction, powers, or prerogatives of any

department, agency, or officer of the Federal Government or of

any State government, or of any tribe, nor any powers, juris-

diction, or prerogatives of any international body created by

treaty with authority relating to the Great Lakes; or

(2) to affect any other Federal or State authority that is

being used or may be used to facilitate the cleanup and protec-

tion of the Great Lakes.

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41 FEDERAL WATER POLLUTION CONTROL ACT Sec. 119

(h) A

UTHORIZATIONS OF

REAT

AKES

PPROPRIATIONS

.—There

are authorized to be appropriated to the Administrator to carry out

this section not to exceed—

(1) $11,000,000 per fiscal year for the fiscal years 1987,

1988, 1989, and 1990, and $25,000,000 for fiscal year 1991;

(2) such sums as are necessary for each of fiscal years

1992 through 2003; and

(3) $25,000,000 for each of fiscal years 2004 through 2008.

(33 U.S.C. 1268)

. 119. L

ONG

SLAND

OUND

.—(a) The Administrator shall

continue the Management Conference of the Long Island Sound

Study (hereinafter referred to as the ‘‘Conference’’) as established

pursuant to section 320 of this Act, and shall establish an office

(hereinafter referred to as the ‘‘Office’’) to be located on or near

Long Island Sound.

(b) A

DMINISTRATION AND

TAFFING OF

FFICE

.—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.

UTIES OF THE

FFICE

.—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-

prehensive Conservation and Management Plan for Long Is-

land Sound developed pursuant to section 320 of this Act, in-

cluding efforts to establish, within the process for granting wa-

tershed general permits, a system for promoting innovative

methodologies and technologies that are cost-effective and con-

sistent with the goals of the Plan;

(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,

(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.

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Sec. 119 FEDERAL WATER POLLUTION CONTROL ACT 42

(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

the implementation of the Comprehensive Conservation

and Management Plan; and

(8) convene conferences and 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) G

RANTS

.—(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 grants shall be

made on the condition that the non-Federal share of such costs are

provided from non-Federal sources.

(e) A

SSISTANCE TO

ISTRESSED

OMMUNITIES

.—

(1) E

LIGIBLE COMMUNITIES

.—For the purposes of this sub-

section, a distressed community is any community that meets

affordability criteria established by the State in which the com-

munity is located, if such criteria are developed after public re-

view and comment.

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43 FEDERAL WATER POLLUTION CONTROL ACT Sec. 120

(2) P

RIORITY

.—In making assistance available under this

section for the upgrading of wastewater treatment facilities,

the Administrator may give priority to a distressed community.

(f) A

UTHORIZATIONS

.—(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 2001 through 2005.

(2) There is authorized to be appropriated to the Administrator

for the implementation of subsection (d) not to exceed $40,000,000

for each of fiscal years 2001 through 2005.

(33 U.S.C. 1269)

SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—There is established a Lake Champlain

Management Conference to develop a comprehensive pollution

prevention, control, and restoration plan for Lake Champlain.

The Administrator shall convene the management conference

within ninety days of the date of enactment of this section.

(2) I

MPLEMENTATION

.—The Administrator—

(A) may provide support to the State of Vermont, the

State of New York, and the New England Interstate Water

Pollution Control Commission for the implementation of

the Lake Champlain Basin Program; and

(B) shall coordinate actions of the Environmental Pro-

tection Agency under subparagraph (A) with the actions of

other appropriate Federal agencies.

(b) M

EMBERSHIP

.—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

Vermont, New York, Quebec Citizens Advisory Committee for

the Environmental Management of Lake Champlain;

(4) four representatives of the State legislature of

Vermont;

(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 the trigovernmental Citizens Advisory Committee for the

Environmental Management of Lake Champlain, but not to be

current members of the Citizens Advisory Committee.

ECHNICAL

DVISORY

OMMITTEE

.—(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-

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Sec. 120 FEDERAL WATER POLLUTION CONTROL ACT 44

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) R

ESEARCH

ROGRAM

.—The Management Conference shall

establish a multi-disciplinary environmental research program for

Lake Champlain. Such research program shall be planned and con-

ducted jointly with the Lake Champlain Research Consortium.

(e) P

OLLUTION

REVENTION

, C

ONTROL

AND

ESTORATION

LAN

.—(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 for Lake Cham-

plain.

(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;

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;

(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; and

(F) be reviewed and revised, as necessary, at least once

every 5 years, in consultation with the Administrator and

other appropriate Federal agencies.

(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) G

RANT

SSISTANCE

.—(1) The Administrator may, in con-

sultation with participants in the Lake Champlain Basin Program,

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45 FEDERAL WATER POLLUTION CONTROL ACT Sec. 120

make grants to State, interstate, and regional water pollution con-

trol agencies, and public or nonprofit agencies, institutions, and or-

ganizations.

(2) Grants under this subsection shall be made for assisting re-

search, surveys, studies, and modeling and technical and sup-

porting work necessary for the development and implementation of

the Plan.

(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) D

EFINITIONS

.—In this section:

(1) L

AKE CHAMPLAIN BASIN PROGRAM

.—The term ‘‘Lake

Champlain Basin Program’’ means the coordinated efforts

among the Federal Government, State governments, and local

governments to implement the Plan.

(2) L

AKE CHAMPLAIN DRAINAGE BASIN

.—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, Hamilton,

Grand Isle, Chittenden, Addison, Rutland, Bennington,

Lamoille, Orange, Washington, Orleans, and Caledonia coun-

ties in Vermont, that contain all of the streams, rivers, lakes,

and other bodies of water, including wetlands, that drain into

Lake Champlain.

(3) P

LAN

.—The term ‘‘Plan’’ means the plan developed

under subsection (e).

(h) N

FFECT ON

ERTAIN

UTHORITY

.—Nothing in this

section—

(1) affects the jurisdiction or powers of—

(A) any department or agency of the Federal Govern-

ment or any State government; or

(B) any international organization or entity related to

Lake Champlain created by treaty or memorandum to

which the United States is a signatory;

(2) provides new regulatory authority for the Environ-

mental Protection Agency; or

(3) affects section 304 of the Great Lakes Critical Pro-

grams Act of 1990 (Public Law 101–596; 33 U.S.C. 1270 note).

(i) A

UTHORIZATION

.—There are authorized to be appropriated

to the Environmental Protection Agency to carry out this section—

(1) $2,000,000 for each of fiscal years 1991, 1992, 1993,

1994, and 1995;

(2) such sums as are necessary for each of fiscal years

1996 through 2003; and

(3) $11,000,000 for each of fiscal years 2004 through 2008.

(33 U.S.C. 1270)

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Sec. 121 FEDERAL WATER POLLUTION CONTROL ACT 46

SEC. 121. LAKE PONTCHARTRAIN BASIN.

(a) E

STABLISHMENT OF

ESTORATION

ROGRAM

.—The Adminis-

trator shall establish within the Environmental Protection Agency

the Lake Pontchartrain Basin Restoration Program.

(b) P

URPOSE

.—The purpose of the program shall be to restore

the ecological health of the Basin by developing and funding res-

toration projects and related scientific and public education

projects.

UTIES

.—In carrying out the program, the Administrator

shall—

(1) provide administrative and technical assistance to a

management conference convened for the Basin under section

320;

(2) assist and support the activities of the management

conference, including the implementation of recommendations

of the management conference;

(3) support environmental monitoring of the Basin and re-

search to provide necessary technical and scientific informa-

tion;

(4) develop a comprehensive research plan to address the

technical needs of the program;

(5) coordinate the grant, research, and planning programs

authorized under this section; and

(6) collect and make available to the public publications,

and other forms of information the management conference de-

termines to be appropriate, relating to the environmental qual-

ity of the Basin.

(d) G

RANTS

.—The Administrator may make grants—

(1) for restoration projects and studies recommended by a

management conference convened for the Basin under section

320; and

(2) for public education projects recommended by the man-

agement conference.

(e) D

EFINITIONS

.—In this section, the following definitions

apply:

(1) B

ASIN

.—The term ‘‘Basin’’ means the Lake Pont-

chartrain Basin, a 5,000 square mile watershed encompassing

16 parishes in the State of Louisiana and 4 counties in the

State of Mississippi.

(2) P

ROGRAM

.—The term ‘‘program’’ means the Lake Pont-

chartrain Basin Restoration Program established under sub-

section (a).

(f) A

UTHORIZATION OF

PPROPRIATIONS

.—

(1) I

N GENERAL

.—There is authorized to be appropriated to

carry out this section $20,000,000 for each of fiscal years 2001

through 2005. Such sums shall remain available until ex-

pended.

(2) P

UBLIC EDUCATION PROJECTS

.—Not more than 15 per-

cent of the amount appropriated pursuant to paragraph (1) in

a fiscal year may be expended on grants for public education

projects under subsection (d)(2).

(33 U.S.C. 1273)

November 27, 2002

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47 FEDERAL WATER POLLUTION CONTROL ACT Sec. 201

SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.

(a) I

ENERAL

.—The Administrator, in coordination with the

States, may provide technical assistance and grants for treatment

works to carry out pilot projects relating to the following areas of

wet weather discharge control:

(1) W

ATERSHED MANAGEMENT OF WET WEATHER DIS

CHARGES

.—The management of municipal combined sewer

overflows, sanitary sewer overflows, and stormwater dis-

charges, on an integrated watershed or subwatershed basis for

the purpose of demonstrating the effectiveness of a unified wet

weather approach.

(2) S

TORMWATER BEST MANAGEMENT PRACTICES

.—The con-

trol of pollutants from municipal separate storm sewer systems

for the purpose of demonstrating and determining controls that

are cost-effective and that use innovative technologies in reduc-

ing such pollutants from stormwater discharges.

(b) A

DMINISTRATION

.—The Administrator, in coordination with

the States, shall provide municipalities participating in a pilot

project under this section the ability to engage in innovative prac-

tices, including the ability to unify separate wet weather control ef-

forts under a single permit.

UNDING

.—

(1) I

N GENERAL

.—There is authorized to be appropriated to

carry out this section $10,000,000 for fiscal year 2002,

$15,000,000 for fiscal year 2003, and $20,000,000 for fiscal

year 2004. Such funds shall remain available until expended.

(2) S

TORMWATER

.—The Administrator shall make available

not less than 20 percent of amounts appropriated for a fiscal

year pursuant to this subsection to carry out the purposes of

subsection (a)(2).

(3) A

DMINISTRATIVE EXPENSES

.—The Administrator may

retain not to exceed 4 percent of any amounts appropriated for

a fiscal year pursuant to this subsection for the reasonable and

necessary costs of administering this section.

(d) R

EPORT TO

ONGRESS

.—Not later than 5 years after the

date of enactment of this section, the Administrator shall transmit

to Congress a report on the results of the pilot projects conducted

under this section and their possible application nationwide.

(33 U.S.C. 1274)

TITLE II—GRANTS FOR CONSTRUCTION OF TREATMENT

WORKS

PURPOSE

. 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

The second section 121 was added by section 112(b) of the Miscellaneous Appropriations Act,

2001 (114 Stat. 2763A–225), as enacted into law by section 1(a)(6) of Public Law 106–554 (114

Stat. 2763).

November 27, 2002

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Sec. 201 FEDERAL WATER POLLUTION CONTROL ACT 48

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.

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—

(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.

(f) The Administrator shall encourage waste treatment man-

agement which combines ‘‘open space’’ and recreational consider-

ations with such management.

(g)(1) 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 after 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 sections

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

So in original. Probably should be ‘‘section’’.

November 27, 2002

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49 FEDERAL WATER POLLUTION CONTROL ACT Sec. 201

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 con-

sistent 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

the reclaiming or recycling of water or otherwise eliminate the

discharge of pollutants.

(3) The Administrator 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 by

the Administrator. Initial rules 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 of 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.

November 27, 2002

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Sec. 201 FEDERAL WATER POLLUTION CONTROL ACT 50

(h) A grant may be made under 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 the 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 Administrator which guarantees that such treatment

works will be properly operated and maintained and will com-

ply with all other requirements of section 204 of this Act and

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 15 per centum.

(k) No grant made 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.

(l)(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-

November 27, 2002

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51 FEDERAL WATER POLLUTION CONTROL ACT Sec. 202

centage of total project costs which the Administrator determines

is the general experience for such projects.

(2)(A) 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 costs under this section.

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.

(m)(1) 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.

(n)(1) 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

November 27, 2002

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Sec. 202 FEDERAL WATER POLLUTION CONTROL ACT 52

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

(3) sets forth with specificity the manner in which the ap-

plicant intends to finance such future expansion and recon-

struction.

(p) T

IME

IMIT ON

ESOLVING

ERTAIN

ISPUTES

.—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

. 202. (a)(1) 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 after 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-

November 27, 2002

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53 FEDERAL WATER POLLUTION CONTROL ACT Sec. 202

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 mandated by judicial order under a proceeding begun prior

to October 1, 1984, and a project for wastewater treatment for Al-

toona, Pennsylvania, such projects shall be eligible for grants at 75

percent of the cost of construction thereof.

(2) The amount of any grant made after September 30, 1978,

and before October 1, 1981, for any eligible treatment works or sig-

nificant portion thereof utilizing innovative or alternative waste-

water treatment processes and techniques referred to in section

201(g)(5) shall be 85 per centum of the cost of construction thereof,

unless modified by the Governor of the State with the concurrence

of the Administrator to a percentage rate no less than 15 per cen-

tum greater than the modified uniform percentage rate 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

techinques thereof utilizing innovative or alternative wastewater

treatment processes and techniques referred to in section 201(g)(5)

shall be a percentage of the cost of construction thereof equal to 20

per centum greater than the percentage in effect under paragraph

(1) 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

November 27, 2002

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Sec. 202 FEDERAL WATER POLLUTION CONTROL ACT 54

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 State which

meet the requirements of section 201(g)(5) of this Act and which

can be fully funded from funds available for such purpose in such

State.

(b) The amount of the grant for any project approved by the

Administrator after January 1, 1971, and before July 1, 1971, for

the construction of treatment works, the actual erection, building

or acquisition of which was not commenced prior to July 1, 1971,

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 after June

30, 1971, with respect to the cost of such actual erection, building,

or acquisition. Such increased amount shall be paid from any funds

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.

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 1, 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 funds 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

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55 FEDERAL WATER POLLUTION CONTROL ACT Sec. 203

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. 1282)

PLANS

SPECIFICATIONS

ESTIMATES

AND PAYMENTS

. 203. (a)(1) Each applicant for a grant shall submit to the

Administrator for his approval, plans, specifications, and estimates

for each proposed project for the construction of treatment works

for which a grant is applied for under section 201(g)(1) from funds

allotted to the State under section 205 and which otherwise meets

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) A

GREEMENT ON ELIGIBLE COSTS

.—

(A) L

IMITATION ON MODIFICATIONS

.—Before taking

final action on any plans, specifications, and estimates

submitted under this subsection after the 60th day fol-

lowing 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) L

IMITATION 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 a project 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

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Sec. 203 FEDERAL WATER POLLUTION CONTROL ACT 56

of the value of the materials which have been stockpiled in the vi-

cinity of such construction in conformity to plans and specifications

for the project.

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 units usable for sewage collection, transportation,

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.

(f) D

ESIGN

UILD

ROJECTS

.—

(1) A

GREEMENT

.—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) L

IMITATION 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) R

EQUIRED 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;

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 the date of completion of construction of the treat-

ment works, the treatment works will be operating so as

November 27, 2002

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57 FEDERAL WATER POLLUTION CONTROL ACT Sec. 204

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) L

IMITATION ON APPLICATION

.—Subsections (a), (b), and

this subsection.

(5) R

ESERVATION 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 (3)(A)

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) L

IMITATION 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) A

LLOWANCE

.—The Administrator shall determine an al-

lowance for facilities planning for projects constructed under

this subsection in accordance with section 201(l).

(8) L

IMITATION 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) R

ECOVERY 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) P

REVENTION 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

. 204. (a) Before approving grants for any project for any

treatment works under section 201(g)(1) 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

November 27, 2002

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Sec. 204 FEDERAL WATER POLLUTION CONTROL ACT 58

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 (ii) is developing such a plan and the pro-

posed treatment works will be in 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

such other works in the State in accordance with any applica-

ble State plan under section 303(e) of this Act, except that any

priority list developed pursuant to section 303(e)(3)(H) may be

modified by such State in accordance with regulations promul-

gated by the Administrator to give higher priority for grants

for 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(d)(3) 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(d)(3) of this Act.

(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 of 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,

So in law. The period should be a semicolon.

November 27, 2002

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59 FEDERAL WATER POLLUTION CONTROL ACT Sec. 204

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 and

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.

(b)(1) Notwithstanding any other provision of this title, the Ad-

ministrator shall not approve any grant for any treatment works

under section 201(g)(1) after March 1, 1973, unless he shall first

have determined that the applicant (A) has adopted or will adopt

a 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 waste water loading of such works, the

constituent elements of the waste, and other appropriate factors),

November 27, 2002

Q:\COMP\WATER2\CLEANWAT.002

Sec. 204 FEDERAL WATER POLLUTION CONTROL ACT 60

and such applicant is otherwise in 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 Administrator shall consider the volume of

wastes discharged into the treatment works by such users and the

constituent elements of such wastes as well as such other factors

as he deems appropriate. A system of user charges which imposes

a lower charge for low-income residential users (as defined by the

Administrator) shall be deemed to be a user charge system meeting

the requirements of clause (A) of this paragraph if the Adminis-

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 intermunicipal 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.

(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 Waste-

November 27, 2002

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61 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205

water Treatment Construction Grant Amendments of 1981, such

interceptors shall be funded based on the approved reserve capacity

not to exceed 40 years.

(d)(1) 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

and initial operation of such treatment works. During such period

such engineer or engineering firm shall supervise operation of the

treatment works, train operating personnel, and prepare curricula

and training material for operating personnel. Costs associated

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

. 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

November 27, 2002

Q:\COMP\WATER2\CLEANWAT.002

Sec. 205 FEDERAL WATER POLLUTION CONTROL ACT 62

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 of

this Act and only after such revised cost estimate shall have been

approved by law specifically enacted hereafter.

(b)(1) 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)(1) 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 Waste-

water Treatment Construction Grant Amendments of 1981. Not-

withstanding any other provision of law, sums authorized for the

fiscal year ending September 30, 1982, shall be allotted in accord-

ance with table 3 of Committee Print Numbered 95–30 of the Com-

mittee on Public Works and Transportation of the House of Rep-

resentatives. 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 fol-

lowing table:

November 27, 2002

Q:\COMP\WATER2\CLEANWAT.002

63 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205

Fiscal years 1983

through 1985

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 .................................................................................................. .113097

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

Guam ......................................................................................................... .000662

Northern Marianas ................................................................................... .000425

Puerto Rico ................................................................................................ .013295

Pacific Trust Territories ........................................................................... .001305

Virgin Islands ........................................................................................... .000531

United States totals .......................................................................... .999996

So in original. Probably should be ‘‘1986’’.

(3) F

ISCAL 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

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Sec. 205 FEDERAL WATER POLLUTION CONTROL ACT 64

date of the enactment of this paragraph. Sums authorized for

such fiscal years shall be allotted in accordance with the fol-

lowing 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-

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65 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205

month period shall be immediately reallotted by the Administrator

on the basis of the same 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 fiscal 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.

(g)(1) 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.

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-

ized to be reserved by this paragraph shall be in addition to and

P.L. 97–117 added this phrase with a period at the end; probably should be a comma.

November 27, 2002

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Sec. 205 FEDERAL WATER POLLUTION CONTROL ACT 66

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 7

⁄

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 7

⁄

percent of the sums

allotted to any other State for which the Governor requests such

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, as defined by the Adminis-

trator.

(i) S

-A

SIDE FOR

NNOVATIVE AND

LTERNATIVE

ROJECTS

.—

Not less than

⁄

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(a)(2) 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(a)(2) of this Act. Including the expenditures authorized by the

first sentence of this subsection, a total (as determined by the Gov-

ernor of the State) of not less than 4 percent nor more than 7

⁄

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.

(j)(1) 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

greater.

(2) Such sums shall be used by the Administrator to make

grants to the States to carry out water quality management plan-

ning, including, but not limited to—

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67 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205

(A) identifying most cost effective and locally acceptable fa-

cility and non-point 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);

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 organizations for 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 be 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) N

ONPOINT SOURCE RESERVATION

.—In addition to the

sums reserved under paragraph (1), the Administrator shall re-

serve each fiscal 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 after 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 for which such 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 the Convention Center of the City of New York

to the Newtown sewage treatment plant, Brooklyn-Queens area,

New York. The amount allotted under this subsection shall be in

November 27, 2002

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Sec. 205 FEDERAL WATER POLLUTION CONTROL ACT 68

addition to and not in lieu of any other amounts authorized to be

allotted to such State under this Act.

(l) M

ARINE

STUARY

ESERVATION

.—

(1) R

ESERVATION OF FUNDS

.—

(A) G

ENERAL 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) F

ISCAL 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.

ISCAL YEARS 1989 AND 1990

.—For each of fiscal

years 1989 and 1990 the reservation shall be 1

⁄

percent

of the funds appropriated pursuant to section 207 for such

fiscal year.

(2) U

SE 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) P

ERIOD 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) T

REATMENT 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) D

ISCRETIONARY

EPOSITS

NTO

TATE

ATER

OLLUTION

ONTROL

EVOLVING

UNDS

.—

(1) F

ROM 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

50 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 this

fiscal year.

(2) N

OTICE 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 in original. Probably should be ‘‘such’’.

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69 FEDERAL WATER POLLUTION CONTROL ACT Sec. 206

(A) in fiscal year 1987 only if no later than 90 days

after the date of the enactment of this subsection, and

(B) in each fiscal year thereafter only if 90 days before

the first day of such fiscal year,

the State provides notice of its intent to make such deposit.

(3) E

XCEPTION

.—Sums reserved under section 205(j) of this

Act shall not be available for obligation under this subsection.

(33 U.S.C. 1285)

REIMBURSEMENT AND ADVANCED CONSTRUCTION

. 206. (a) Any publicly owned treatment works in a State

on which construction was initiated after June 30, 1966, but before

July 1, 1973, which was approved by the appropriate State water

pollution control agency and 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 50

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(f) 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 finds meets the requirements of section 8 of this Act prior

to the date of enactment of the Federal Water Pollution Control Act

Amendments of 1972 but which was constructed without assistance

under such 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.

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 be necessary.

(d) The Administrator shall allocate to each qualified project

under subsection (a) 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 reimburse-

ment due such project as the total of such funds for such year

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Sec. 206 FEDERAL WATER POLLUTION CONTROL ACT 70

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.

(f)(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 the extent that sufficient 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 fiscal year under this

title, any treatment works project constructed in accordance with

this section and without the aid of Federal funds shall not be con-

sidered completed until an application under the provisions of this

subsection with respect to such project has been approved by the

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71 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

. 207. There is authorized to be appropriated to carry out

this title, other than sections 206(e), 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

. 208. (a) For the purpose of encouraging and facilitating

the development and implementation of areawide waste treatment

management plans—

(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

November 27, 2002

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Sec. 208 FEDERAL WATER POLLUTION CONTROL ACT 72

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 desig-

nating, 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.

(b)(1)(A) 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 and 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—

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73 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208

(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 use

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;

(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;

(D) 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 any cause, including irrigation, ob-

struction, ground water extraction, and diversion, and (ii) set

forth procedures and methods to control such intrusion to the

November 27, 2002

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Sec. 208 FEDERAL WATER POLLUTION CONTROL ACT 74

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.

(4)(A) 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 a 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(b)(1), 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:

(I) violation of 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.

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 respect to any appropriate activity with-

in such State for which a best management practice has been ap-

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75 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208

proved by the Administrator under the program approved by the

Administrator pursuant to this paragraph.

(D)(i) 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.

(c)(1) 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 re-

lated facilities serving such area in conformance with any plan

required by subsection (b) of this section;

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

November 27, 2002

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Sec. 208 FEDERAL WATER POLLUTION CONTROL ACT 76

not make any grant for construction of a publicy owned treatment

works under section 201(g)(1) 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.

(f)(1) 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 75 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 out 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.

(h)(1) The Secretary of the Army, acting through the Chief of

Engineers, in cooperation with the Administrator is authorized and

directed, upon request of the Governor or the designated planning

organization, to consult with, and provide technical assistance to,

any agency designed

under subsection (a) of this section in devel-

So in original. Probably should be ‘‘designated’’.

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77 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208

oping and operating a continuing areawide waste treatment man-

agement planning process under subsection (b) of this section.

(2) There is authorized to be appropriated to the Secretary of

the Army, to carry out this subsection, not to exceed $50,000,000

per fiscal year for the fiscal years ending June 30, 1973, and June

30, 1974.

(i)(1) The Secretary of the Interior, acting through the Director

of the United States Fish 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)(4)(B) 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.

(j)(1) The Secretary of Agriculture, with the concurrence 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 (c)(1) 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 land 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, after 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 he determines that the violation by the owner or

operator does not warrant termination of the contract;

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Sec. 208 FEDERAL WATER POLLUTION CONTROL ACT 78

(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 United States of such portion of the

costs incurred in the administration of the program as the Sec-

retary may deem appropriate.

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79 FEDERAL WATER POLLUTION CONTROL ACT Sec. 210

(6) The contracts under this subsection shall be entered into

only in areas where the management agency designated under sub-

section (c)(1) 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

. 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 car-

rying out this section. The first such report shall be submitted not

later than January 31, 1973.

tion not to exceed $200,000,000.

(33 U.S.C. 1289)

ANNUAL SURVEY

. 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 reported to Congress not

later than 90 days after the date of convening of each session of

Congress.

(33 U.S.C. 1290)

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Sec. 211 FEDERAL WATER POLLUTION CONTROL ACT 80

SEWAGE COLLECTION SYSTEMS

. 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.

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

. 212. As used in this title—

(1) 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(d)(3) of this Act, or other nec-

essary actions, erection, building, acquisition, alteration, remod-

eling, improvement, or extension of treatment works, or the inspec-

tion or supervision of any of the foregoing items.

(2)(A) 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, sepa-

rating, or disposing of municipal waste, including storm water run-

off, or industrial waste, including waste in combined storm water

and sanitary sewer systems. Any application for construction

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81 FEDERAL WATER POLLUTION CONTROL ACT Sec. 214

grants which includes wholly or in part such methods or systems

shall, in accordance with guidelines published by the Administrator

pursuant to subparagraph (C) of this paragraph, contain adequate

data and analysis demonstrating such proposal to be, over the life

of such works, the most cost efficient alternative to comply with

sections 301 or 302 of this Act, or the requirements of section 201

of this Act.

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

. 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 guar-

antee, the principal and interest (including interest accruing be-

tween the date of default and the date of the payment in full of

the guarantee) 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 fi-

nance that part of the cost of any grant-eligible project for the con-

struction of publicly owned treatment works not paid for with Fed-

eral financial assistance under this title (other than this section),

which project the Administrator has determined to be eligible for

such financial assistance under this title, including, but not limited

to, projects eligible 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 made by the Secretary of the Treasury with relation-

ship to the current average yield on outstanding marketable obliga-

tions of municipalities of comparable maturity.

for the investigation of an application for a guarantee and for the

issuance of a commitment to make a guarantee.

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Sec. 214 FEDERAL WATER POLLUTION CONTROL ACT 82

(d) The Administrator, in determining whether there is a rea-

sonable assurance of repayment, may require a commitment which

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

. 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

. 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

United States will be 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, includ-

ing 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 satisfactory quality.

(33 U.S.C. 1295)

DETERMINATION OF PRIORITY

. 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 the enforceable 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

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83 FEDERAL WATER POLLUTION CONTROL ACT Sec. 218

be obligated for those types of projects referred to in clauses (D),

(E), (F), and (G) of this section, if such projects are on such State’s

priority list for that year and are otherwise eligible for funding in

that fiscal year. It is the policy of Congress that projects for waste-

water treatment and management undertaken with Federal finan-

cial assistance under this Act by any State, municipality, or inter-

municipal or interstate agency shall be projects which, in the esti-

mation 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 U.S.C. 1296)

COST

EFFECTIVENESS GUIDELINES

. 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(g)(2)(A), and 301(b)(2)(B) of this Act.

(33 U.S.C. 1297)

COST EFFECTIVENESS

. 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 intermunicipal 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

November 27, 2002

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Sec. 219 FEDERAL WATER POLLUTION CONTROL ACT 84

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.

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

. 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)

SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE

PROJECTS.

(a) P

OLICY

.—Nothing in this section shall be construed to affect

the application of section 101(g) of this Act and all of the provisions

of this section shall be carried out in accordance with the provi-

sions of section 101(g).

(b) I

ENERAL

.—The Administrator may establish a pilot pro-

gram to make grants to State, interstate, and intrastate water re-

source development agencies (including water management dis-

tricts and water supply authorities), local government agencies, pri-

vate utilities, and nonprofit entities for alternative water source

projects to meet critical water supply needs.

LIGIBLE

NTITY

.—The Administrator may make grants

under this section to an entity only if the entity has authority

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85 FEDERAL WATER POLLUTION CONTROL ACT sec. 220

under State law to develop or provide water for municipal, indus-

trial, and agricultural uses in an area of the State that is experi-

encing critical water supply needs.

(d) S

ELECTION OF

ROJECTS

.—

(1) L

IMITATION

.—A project that has received funds under

the reclamation and reuse program conducted under the Rec-

lamation Projects Authorization and Adjustment Act of 1992

(43 U.S.C. 390h et seq.) shall not be eligible for grant assist-

ance under this section.

(2) A

DDITIONAL CONSIDERATION

.—In making grants under

this section, the Administrator shall consider whether the

project is located within the boundaries of a State or area re-

ferred to in section 1 of the Reclamation Act of June 17, 1902

(32 Stat. 385), and within the geographic scope of the reclama-

tion and reuse program conducted under the Reclamation

Projects Authorization and Adjustment Act of 1992 (43 U.S.C.

390h et seq.).

(3) G

EOGRAPHICAL DISTRIBUTION

.—Alternative water

source projects selected by the Administrator under this sec-

tion shall reflect a variety of geographical and environmental

conditions.

(e) C

OMMITTEE

ESOLUTION

ROCEDURE

.—

(1) I

N GENERAL

.—No appropriation shall be made for any

alternative water source project under this section, the total

Federal cost of which exceeds $3,000,000, if such project has

not been approved by a resolution adopted by the Committee

on Transportation and Infrastructure of the House of Rep-

resentatives or the Committee on Environment and Public

Works of the Senate.

(2) R

EQUIREMENTS FOR SECURING CONSIDERATION

.—For

purposes of securing consideration of approval under para-

graph (1), the Administrator shall provide to a committee re-

ferred to in paragraph (1) such information as the committee

requests and the non-Federal sponsor shall provide to the com-

mittee information on the costs and relative needs for the al-

ternative water source project.

(f) U

SES OF

RANTS

.—Amounts from grants received under this

section may be used for engineering, design, construction, and final

testing of alternative water source projects designed to meet crit-

ical water supply needs. Such amounts may not be used for plan-

ning, feasibility studies or for operation, maintenance, replacement,

repair, or rehabilitation.

(g) C

OST

HARING

.—The Federal share of the eligible costs of

an alternative water source project carried out using assistance

made available under this section shall not exceed 50 percent.

(h) R

EPORTS

.—On or before September 30, 2004, the Adminis-

trator shall transmit to Congress a report on the results of the pilot

program established under this section, including progress made

toward meeting the critical water supply needs of the participants

in the pilot program.

(i) D

EFINITIONS

.—In this section, the following definitions

apply:

(1) A

LTERNATIVE WATER SOURCE PROJECT

.—The term ‘‘al-

ternative water source project’’ means a project designed to

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Sec. 221 FEDERAL WATER POLLUTION CONTROL ACT 86

provide municipal, industrial, and agricultural water supplies

in an environmentally sustainable manner by conserving, man-

aging, reclaiming, or reusing water or wastewater or by treat-

ing wastewater. Such term does not include water treatment

or distribution facilities.

(2) C

RITICAL WATER SUPPLY NEEDS

.—The term ‘‘critical

water supply needs’’ means existing or reasonably anticipated

future water supply needs that cannot be met by existing

water supplies, as identified in a comprehensive statewide or

regional water supply plan or assessment projected over a

planning period of at least 20 years.

(j) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized to

be appropriated to carry out this section a total of $75,000,000 for

fiscal years 2002 through 2004. Such sums shall remain available

until expended.

(33 U.S.C. 1300)

SEC. 221. SEWER OVERFLOW CONTROL GRANTS.

(a) I

ENERAL

.—In any fiscal year in which the Administrator

has available for obligation at least $1,350,000,000 for the purposes

of section 601—

(1) the Administrator may make grants to States for the

purpose of providing grants to a municipality or municipal en-

tity for planning, design, and construction of treatment works

to intercept, transport, control, or treat municipal combined

sewer overflows and sanitary sewer overflows; and

(2) subject to subsection (g), the Administrator may make

a direct grant to a municipality or municipal entity for the pur-

poses described in paragraph (1).

(b) P

RIORITIZATION

.—In selecting from among municipalities

applying for grants under subsection (a), a State or the Adminis-

trator shall give priority to an applicant that—

(1) is a municipality that is a financially distressed com-

munity under subsection (c);

(2) has implemented or is complying with an implementa-

tion schedule for the nine minimum controls specified in the

CSO control policy referred to in section 402(q)(1) and has

begun implementing a long-term municipal combined sewer

overflow control plan or a separate sanitary sewer overflow

control plan;

(3) is requesting a grant for a project that is on a State’s

intended use plan pursuant to section 606(c); or

(4) is an Alaska Native Village.

INANCIALLY

ISTRESSED

OMMUNITY

.—

(1) D

EFINITION

.—In subsection (b), the term ‘‘financially

distressed community’’ means a community that meets afford-

ability criteria established by the State in which the commu-

nity is located, if such criteria are developed after public re-

view and comment.

(2) C

ONSIDERATION OF IMPACT ON WATER AND SEWER

RATES

.—In determining if a community is a distressed commu-

nity for the purposes of subsection (b), the State shall consider,

among other factors, the extent to which the rate of growth of

a community’s tax base has been historically slow such that

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87 FEDERAL WATER POLLUTION CONTROL ACT Sec. 221

implementing a plan described in subsection (b)(2) would result

in a significant increase in any water or sewer rate charged by

the community’s publicly owned wastewater treatment facility.

(3) I

NFORMATION TO ASSIST STATES

.—The Administrator

may publish information to assist States in establishing afford-

ability criteria under paragraph (1).

(d) C

OST

-S

HARING

.—The Federal share of the cost of activities

carried out using amounts from a grant made under subsection (a)

shall be not less than 55 percent of the cost. The non-Federal share

of the cost may include, in any amount, public and private funds

and in-kind services, and may include, notwithstanding section

603(h), financial assistance, including loans, from a State water

pollution control revolving fund.

(e) A

DMINISTRATIVE

EPORTING

EQUIREMENTS

.—If a project

receives grant assistance under subsection (a) and loan assistance

from a State water pollution control revolving fund and the loan

assistance is for 15 percent or more of the cost of the project, the

project may be administered in accordance with State water pollu-

tion control revolving fund administrative reporting requirements

for the purposes of streamlining such requirements.

(f ) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $750,000,000 for each

of fiscal years 2002 and 2003. Such sums shall remain available

until expended.

(g) A

LLOCATION OF

UNDS

.—

(1) F

ISCAL YEAR 2002

.—Subject to subsection (h), the Ad-

ministrator shall use the amounts appropriated to carry out

this section for fiscal year 2002 for making grants to munici-

palities and municipal entities under subsection (a)(2), in ac-

cordance with the criteria set forth in subsection (b).

(2) F

ISCAL YEAR 2003

.—Subject to subsection (h), the Ad-

ministrator shall use the amounts appropriated to carry out

this section for fiscal year 2003 as follows:

(A) Not to exceed $250,000,000 for making grants to

municipalities and municipal entities under subsection

(a)(2), in accordance with the criteria set forth in sub-

section (b).

(B) All remaining amounts for making grants to States

under subsection (a)(1), in accordance with a formula to be

established by the Administrator, after providing notice

and an opportunity for public comment, that allocates to

each State a proportional share of such amounts based on

the total needs of the State for municipal combined sewer

overflow controls and sanitary sewer overflow controls

identified in the most recent survey conducted pursuant to

section 516(b)(1).

(h) A

DMINISTRATIVE

XPENSES

.—Of the amounts appropriated

to carry out this section for each fiscal year—

(1) the Administrator may retain an amount not to exceed

1 percent for the reasonable and necessary costs of admin-

istering this section; and

(2) the Administrator, or a State, may retain an amount

not to exceed 4 percent of any grant made to a municipality or

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Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 88

municipal entity under subsection (a), for the reasonable and

necessary costs of administering the grant.

(i) R

EPORTS

.—Not later than December 31, 2003, and periodi-

cally thereafter, the Administrator shall transmit to Congress a re-

port containing recommended funding levels for grants under this

section. The recommended funding levels shall be sufficient to en-

sure the continued expeditious implementation of municipal com-

bined sewer overflow and sanitary sewer overflow controls nation-

wide.

(33 U.S.C. 1301)

TITLE III—STANDARDS AND ENFORCEMENT

EFFLUENT LIMITATIONS

. 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—

(1)(A) 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,

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)(1) of this Act; or,

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.

(2)(A) 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-

November 27, 2002

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89 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301

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

issued by the Administrator pursuant to section 304(b)(2) of

this Act, or (ii) in the case of the introduction of a pollutant

into a publicly owned treatment works which meets the re-

quirements of subparagraph (B) of this paragraph, shall re-

quire compliance with any applicable pretreatment require-

ments and any other requirement under section 307 of this

Act;

[(B) subparagraph (B) repealed by section 21(b) of P.L. 97–

117.]

1 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 expeditiously as practicable, but in no case later

than three years after the date such limitations are promul-

gated under section 304(b), and in no case later than March

31, 1989;

(E) as expeditiously as practicable but in no case later

than three years after the date such limitations are promul-

gated under section 304(b), and in no case later than March

31, 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 (1)(A)(i) 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 (1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established

November 27, 2002

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Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 90

only on the basis of section 402(a)(1) 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.

section (b)(2)(A) of this section with respect to any point source for

which a permit application is filed after 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.

(f) 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) M

ODIFICATIONS FOR

ERTAIN

ONCONVENTIONAL

OLLUT

ANTS

.—

(1) G

ENERAL AUTHORITY

.—The Administrator, with the

concurrence of the State, may modify the requirements of sub-

section (b)(2)(A) 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) R

EQUIREMENTS 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 min-

imum in compliance with the requirements of subsection

(b)(1)(A) 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

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-

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91 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301

icity (including carcinogenicity, mutagenicity or

teratogenicity), or synergistic propensities.

(3) L

IMITATION 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) P

ROCEDURES FOR LISTING ADDITIONAL POLLUTANTS

.—

(A) G

ENERAL 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(a)(4) 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) R

EQUIREMENTS FOR LISTING

.—

(i) S

UFFICIENT 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.

(ii) T

OXIC 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) L

ISTING 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) N

ONCONVENTIONAL CRITERIA DETERMINA

TION

.—If the Administrator determines that the pol-

lutant does not meet the criteria for lising 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.

EQUIREMENTS 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

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Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 92

(iii) may be filed with an application for a modi-

fication under paragraph (1) with respect to the dis-

charge of such pollutant.

(D) D

EADLINE 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) B

URDEN OF PROOF

.—The burden of proof for mak-

ing the determinations under subparagraph (B) shall be on

the petitioner.

(5) R

EMOVAL 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 (b)(1)(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;

(2) the discharge of pollutants in accordance with such

modified requirements will not interfere, alone or in combina-

tion with pollutants from other sources, with the attainment or

maintenance of that water quality which assures protection of

public water supplies and the protection and propagation of a

balanced, indigenous population of shellfish, fish and wildlife,

and allows recreational activities, in and on the water;

(3) the applicant has established a system for monitoring

the impact of such discharge on a representative sample of

aquatic biota, to the extent practicable, and the scope of such

monitoring is limited to include only those scientific investiga-

tions which are necessary to study the effects of the proposed

discharge;

(4) such modified requirements will not result in any addi-

tional requirements on any other point or nonpoint source;

(5) all applicable pretreatment requirements for sources in-

troducing waste into such treatment works will be enforced;

(6) in the case of any treatment works serving a population

of 50,000 or more, with respect to any toxic pollutant intro-

duced into such works by an industrial discharger for which

pollutant there is no applicable pretreatment requirement in

effect, sources introducing waste into such works are in compli-

ance with all applicable pretreatment requirements, the appli-

cant will enforce such requirements, and the applicant has in

effect a pretreatment program which, in combination with the

treatment of discharges from such works, removes the same

amount of such pollutant as would be removed if such works

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93 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301

were to apply secondary treatment to discharges and if such

works had no pretreatment program with respect to such pol-

lutant;

(7) to the extent practicable the applicant has established

a schedule of activities designed to eliminate the entrance of

toxic pollutants from nonindustrial sources into such treatment

works;

(8) 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;

(9) the applicant at the time such modification becomes ef-

fective will be discharging effluent which has received at least

primary or equivalent treatment and which meets the criteria

established under section 304(a)(1) of this Act after initial mix-

ing in the waters surrounding or adjacent to the point at which

such effluent is discharged.

For the purposes of this subsection the phrase ‘‘the discharge of

any pollutant into marine waters’’ refers to a discharge into deep

waters of the territorial sea or the waters of the contiguous zone,

or into saline estuarine waters where there is strong tidal move-

ment and other hydrological and geological characteristics which

the Administrator determines necessary to allow compliance with

paragraph (2) of this subsection, and section 101(a)(2) of this Act.

For the purposes of paragraph (9), ‘‘primary or equivalent treat-

ment’’ means treatment by screening, sedimentation, and skim-

ming adequate to remove at least 30 percent of the biological oxy-

gen demanding material and of the suspended solids in the treat-

ment works influent, and disinfection, where appropriate. A mu-

nicipality which applies secondary treatment shall be eligible to re-

ceive a permit pursuant to this subsection which modifies the re-

quirements of subsection (b)(1)(B) of this section with respect to the

discharge of any pollutant from any treatment works owned by

such municipality into marine waters. No permit issued under this

subsection shall authorize the discharge of sewage sludge into ma-

rine waters. In order for a permit to be issued under this sub-

section for the discharge of a pollutant into marine waters, such

marine waters must exhibit characteristics assuring that water

providing dilution does not contain significant amounts of pre-

viously discharged effluent from such treatment works. No permit

issued under this subsection shall authorize the discharge of any

pollutant into saline estuarine waters which at the time of applica-

tion do not support a balanced indigenous population of shellfish,

fish and wildlife, or allow recreation in and on the waters or which

exhibit ambient water quality below applicable water quality

standards adopted for the protection of public water supplies, shell-

fish, fish and wildlife or recreational activities or such other stand-

ards necessary to assure support and protection of such uses. The

prohibition contained in the preceding sentence shall apply without

regard to the presence or absence of a causal relationship between

such characteristics and the applicant’s current or proposed dis-

charge. Notwithstanding any other provisions of this subsection, no

permit may be issued under this subsection for discharge of a pol-

lutant into the New York Bight Apex consisting of the ocean waters

November 27, 2002

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Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 94

of the Atlantic Ocean westward of 73 degrees 30 minutes west lon-

gitude and northward of 40 degrees 10 minutes north latitude.

(i)(1) Where construction is required in order for a planned or

extisting publicly owned treatment works to achieve limitations

under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A) con-

struction cannot be completed with the time required in such sub-

section, or (B) the United States has failed to make financial assist-

ance under this Act available in time to achieve such limitations

by the time specified in such subsection, the owner or operator of

such treatment works may request the Administrator (or if appro-

priate the State) to issue a permit pursuant to section 402 of this

Act or to modify a permit issued pursuant to that section 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 enactment of the Water Quality Act of 1987. The Ad-

ministrator (or if appropriate the State) may grant such request

and issue or modify such a permit, which shall contain a schedule

of compliance for the publicly owned treatment works based on the

earliest date by which such financial assistance will be available

from the United States and construction can be completed, but in

no event later than July 1, 1988, and shall contain such other

terms and conditions, including those necessary to carry out sub-

sections (b) through (g) of section 201 of this Act, section 307 of this

Act, and such interim effluent limitations applicable to that treat-

ment works as the Administrator determines are necessary to carry

out the provisions of this Act.

(2)(A) Where a point source (other than a publicly owned treat-

ment works) will not achieve the requirements of subsections

(b)(1)(A) and (b)(1)(C) 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-

November 27, 2002

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95 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301

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 (b)(1)(A) 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 (2)(A) 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)(1) (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-

quires point source to meet all requirements under section 307 (a)

and (b) during the period of such time modification.

(j)(1) Any application filed under this section for a modification

of the provisions of—

(A) subsection (b)(1)(B) under subsection (h) of this section

shall be filed not later that

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)(2)(A) as it applies to pollutants identified

in subsection (b)(2)(F) 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

So in law. Probably should be ‘‘than’’.

November 27, 2002

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Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 96

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) C

OMPLIANCE REQUIREMENTS UNDER SUBSECTION (

)

.—

(A) E

FFECT 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) E

FFECT 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.

(4) D

EADLINE FOR SUBSECTION (

) 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) E

XTENSION OF APPLICATION DEADLINE

.—

(A) I

N 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

(b)(1)(B) with respect to biological oxygen demand and

total suspended solids in the effluent discharged into ma-

rine waters.

(B) A

PPLICATION

.—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.

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97 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301

DDITIONAL 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) P

RELIMINARY 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

(b)(2)(A) or (b)(2)(E) 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-

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 (b)(2)(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.

(l) 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(a)(1) of this Act.

(m)(1) The Administrator, with the concurrence of the State,

may issue a permit under section 402 which modifies the require-

ments of subsections (b)(1)(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 (b)(1)(A) and (b)(2)(E) and section

November 27, 2002

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Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 98

403 exceed by an unreasonable amount the benefits to be ob-

tained, including the objectives of this Act;

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(a)(2) 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-

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-

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99 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301

cline in ambient water quality of the receiving waters, the Admin-

istrator shall terminate such permit.

(n) F

UNDAMENTALLY

IFFERENT

ACTORS

.—

(1) G

ENERAL RULE

.—The Administrator, with the

concurrance of the State, may establish an alternative require-

ment under subsection (b)(2) 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 estab-

lishing such national effluent limitation guidelines or cat-

egorical 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 sup-

porting data the applicant did not have a reasonable

opportunity to submit during such rulemaking;

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) T

IME 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) T

IME 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) S

UBMISSION 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) T

REATMENT 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

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Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 100

the 180th day following such date of enactment. The applicant

may amend the application to take into account the provisions

of this subsection.

(6) E

FFECT 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) E

FFECT 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) R

EPORTS

.—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) A

PPLICATION

EES

.—The Administrator shall prescribe and

collect from each applicant fees reflecting the reasonable adminis-

trative costs incurred in reviewing and processing applications for

modifications submitted to the Administrator pursuant to sub-

sections (c), (g), (i), (k), (m), and (n) of section 301, section 304(d)(4),

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) M

ODIFIED

ERMIT FOR

OAL

EMINING

PERATIONS

.—

(1) I

N 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 (b)(2)(A) 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 remined 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) L

IMITATIONS

.—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

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101 FEDERAL WATER POLLUTION CONTROL ACT Sec. 302

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) D

EFINITIONS

.—For purposes of this subsection—

(A) C

OAL REMINING 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) R

EMINED 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.

EXISTING DISCHARGE

.—The term ‘‘pre-existing

discharge’’ means any discharge at the time of permit ap-

plication under this subsection.

(4) A

PPLICABILITY 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

. 302. (a) Whenever, in the judgment of the Administrator

or as identified under section 304(l), discharges of pollutants from

a point source or group of point sources, with the application of ef-

fluent limitations required under section 301(b)(2) 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) M

ODIFICATIONS OF

FFLUENT

IMITATIONS

.—

(1) N

OTICE 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) P

ERMITS

.—

(A) N

O 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

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Sec. 303 FEDERAL WATER POLLUTION CONTROL ACT 102

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) R

EASONABLE 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.

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

. 303. (a)(1) In order to carry out the purpose of this Act,

any water quality standard applicable to interstate waters which

was adopted by any State and submitted to, and approved by, or

is awaiting approval by, the Administrator pursuant to this Act as

in effect immediately prior to the date of enactment of the Federal

Water Pollution Control Act Amendments of 1972, shall remain in

effect unless the Administrator determined that such standard is

not consistent with the applicable requirements of this Act as in ef-

fect immediately prior to the date of enactment of the Federal

Water Pollution Control Act Amendments of 1972. If the Adminis-

trator makes such a determination he shall, within three months

after the date of enactment of the Federal Water Pollution Control

Act Amendments of 1972, notify the State and specify the changes

needed to meet such 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 subsection (b) of this section.

(2) Any State which, before the date of enactment of the Fed-

eral Water Pollution Control Act Amendments of 1972, has adopt-

ed, pursuant to its own law, water quality standards applicable to

intrastate waters shall submit such standards to the Administrator

within thirty days after the date of enactment of the Federal Water

Pollution Control Act Amendments of 1972. Each such standard

shall remain in effect, in the same manner and to the same extent

as any other water quality standard established under this Act un-

less the Administrator determines that such standard is incon-

sistent with the applicable requirements of this Act as in effect im-

mediately prior to the date of enactment of the Federal Water Pol-

lution Control Act Amendments of 1972. If the Administrator

makes such a determination he shall not later than the one hun-

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103 FEDERAL WATER POLLUTION CONTROL ACT Sec. 303

dred and twentieth day after the date of submission of such stand-

ards, notify the State and specify the changes needed to meet such

requirements. If such changes are not adopted by the State within

ninety days after such notification, the Administrator shall promul-

gate such changes in accordance with subsection (b) of this section.

(3)(A) Any State which prior to the date of enactment of the

Federal Water Pollution Control Act Amendments of 1972 has not

adopted pursuant to its own laws water quality standards 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

standards to the Administrator.

(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.

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 the ninetieth day after the date of submission of such

standards, notify the State and specify the changes to meet such

requirements. If such changes are not adopted by the State within

ninety days after the date of notification, the Administrator shall

promulgate such standards pursuant to subsection (b) of this sec-

tion.

(b)(1) 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 has

adopted a water quality standard which the Administrator deter-

mines to be in accordance with subsection (a) of this section.

(c)(1) The Governor of a State or the State water pollution con-

trol agency of such State shall from time to time (but at least once

each three year period beginning with the date of enactment of the

Federal Water Pollution Control Act Amendments of 1972) hold

public hearings for the purpose of reviewing applicable water qual-

ity standards and, as appropriate, modifying and adopting stand-

ards. Results of such review shall be made available to the Admin-

istrator.

(2)(A) Whenever the State revises or adopts a new standard,

such revised or new standard shall be submitted to the Adminis-

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Sec. 303 FEDERAL WATER POLLUTION CONTROL ACT 104

trator. Such revised or new water quality standard shall consist of

the designated uses of the 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 taking 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)(1) 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 (1), or revises or adopts new standards pursuant to this

paragraph, such State shall adopt criteria based on biological moni-

toring or assessment methods consistent with information pub-

lished pursuant to section 304(a)(8). Nothing in this section shall

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 revised 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

November 27, 2002

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105 FEDERAL WATER POLLUTION CONTROL ACT Sec. 303

State has adopted a revised or new water quality standard which

the Administrator determines to be in accordance with this Act.

(d)(1)(A) Each State shall identify those waters within its

boundaries for which the effluent limitations required by section

301(b)(1)(A) and section 301(b)(1)(B) are not stringent enough to

implement any water quality standard applicable to such waters.

The State shall establish a priority 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.

graph (1)(A) 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 (1)(D) of this subsection the total maximum daily thermal

load required to assure protection and propagation of a balanced,

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 and 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

November 27, 2002

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Sec. 303 FEDERAL WATER POLLUTION CONTROL ACT 106

not identified under paragraph (1)(A) and (1)(B) 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(a)(2) 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) L

IMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITA

TIONS

.—

(A) S

TANDARD NOT ATTAINED

.—For waters identified

under paragraph (1)(A) 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) S

TANDARD 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-

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.

(e)(1) 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(b)(1), sec-

tion 301(b)(2), section 306, and section 307, and at least as

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107 FEDERAL WATER POLLUTION CONTROL ACT Sec. 303

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;

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.

(f) 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(b)(1)

and 301(b)(2) 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

with the requirements of section 316 of this Act.

(h) For the purposes of this Act the term ‘‘water quality stand-

ards’’ includes thermal water quality standards.

(i) C

OASTAL

ECREATION

ATER

UALITY

RITERIA

.—

(1) A

DOPTION BY STATES

.—

(A) I

NITIAL CRITERIA AND STANDARDS

.—Not later than

42 months after the date of the enactment of this sub-

section, each State having coastal recreation waters shall

adopt and submit to the Administrator water quality cri-

teria and standards for the coastal recreation waters of the

State for those pathogens and pathogen indicators for

which the Administrator has published criteria under sec-

tion 304(a).

(B) N

EW OR REVISED CRITERIA AND STANDARDS

.—Not

later than 36 months after the date of publication by the

Administrator of new or revised water quality criteria

under section 304(a)(9), each State having coastal recre-

ation waters shall adopt and submit to the Administrator

new or revised water quality standards for the coastal

recreation waters of the State for all pathogens and patho-

gen indicators to which the new or revised water quality

criteria are applicable.

(2) F

AILURE OF STATES TO ADOPT

.—

(A) I

N GENERAL

.—If a State fails to adopt water qual-

ity criteria and standards in accordance with paragraph

(1)(A) that are as protective of human health as the cri-

teria for pathogens and pathogen indicators for coastal

recreation waters published by the Administrator, the Ad-

ministrator shall promptly propose regulations for the

State setting forth revised or new water quality standards

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Sec. 304 FEDERAL WATER POLLUTION CONTROL ACT 108

for pathogens and pathogen indicators described in para-

graph (1)(A) for coastal recreation waters of the State.

(B) E

XCEPTION

.—If the Administrator proposes regula-

tions for a State described in subparagraph (A) under sub-

section (c)(4)(B), the Administrator shall publish any re-

vised or new standard under this subsection not later than

42 months after the date of the enactment of this sub-

section.

(3) A

PPLICABILITY

.—Except as expressly provided by this

subsection, the requirements and procedures of subsection (c)

apply to this subsection, including the requirement in sub-

section (c)(2)(A) that the criteria protect public health and wel-

fare.

(33 U.S.C. 1313)

INFORMATION AND GUIDELINES

. 304. (a)(1) The Administrator, after consultation with ap-

propriate Federal and State agencies and other interested persons,

shall develop and publish, within one year after the date of 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; and (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 identi-

fying conventional pollutants, including but not limited to, pollut-

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109 FEDERAL WATER POLLUTION CONTROL ACT Sec. 304

ants classified as biological oxygen demanding, suspended solids,

fecal coliform, and pH. The thermal component of any discharge

shall not be identified as a conventional pollutant under this para-

graph.

(5)(A) 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.

(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, and the particular waters to which

such water quality standard applies.

(7) G

UIDANCE 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, shall 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(l)(1) of this Act.

(8) I

NFORMATION 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.

(9) R

EVISED CRITERIA FOR COASTAL RECREATION WATERS

.—

(A) I

N GENERAL

.—Not later than 5 years after the date

of the enactment of this paragraph, after consultation and

in cooperation with appropriate Federal, State, tribal, and

local officials (including local health officials), the Adminis-

trator shall publish new or revised water quality criteria

for pathogens and pathogen indicators (including a revised

list of testing methods, as appropriate), based on the re-

sults of the studies conducted under section 104(v), for the

purpose of protecting human health in coastal recreation

waters.

(B) R

EVIEWS

.—Not later than the date that is 5 years

after the date of publication of water quality criteria under

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Sec. 304 FEDERAL WATER POLLUTION CONTROL ACT 110

this paragraph, and at least once every 5 years thereafter,

the Administrator shall review and, as necessary, revise

the water quality criteria.

(b) For the purposes of adopting or revising effluent limitations

under this Act the Administrator shall, 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—

(1)(A) 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 (b)(1) 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

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111 FEDERAL WATER POLLUTION CONTROL ACT Sec. 304

(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)(2)(E) 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.

Federal and State agencies and other interested persons, shall

issue to the States and appropriate water pollution control agencies

within 270 days after enactment of this title (and from time to time

thereafter) information on the processes, procedures, or operating

methods which result in the elimination or reduction of the dis-

charge of pollutants to implement standards of performance under

section 306 of this Act. Such information shall include technical

and other data, including costs, as are available on alternative

methods of elimination or reduction of the discharge of pollutants.

Such information, and revisions thereof, shall be published in the

Federal Register and otherwise shall be made available to the pub-

lic.

(d)(1) 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 the 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-

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Sec. 304 FEDERAL WATER POLLUTION CONTROL ACT 112

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(g)(5) 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(a)(1) 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 such class or category of point sources and

may contribute significant amounts of such pollutants, to navigable

waters. Any applicable controls established under this subsection

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.

(f) 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;

cilities resulting from such construction;

(D) the disposal of pollutants in wells or in subsurface ex-

cavations;

(E) salt water intrusion resulting from reductions of fresh

water flow from any cause, including extraction of ground

water, irrigation, obstruction, and diversion; and

(F) changes in the movement, flow, or circulation of any

navigable waters or ground waters, including changes caused

by the construction of dams, levees, channels, causeways, or

flow diversion facilities.

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113 FEDERAL WATER POLLUTION CONTROL ACT Sec. 304

Such information and revisions thereof shall be published in the

Federal Register and otherwise made available to the public.

(g)(1) 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 one 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 acquisition of information from owners and operators

of point-sources of discharge subject to any State program under

section 402 of this Act, and (2) within sixty days from the date of

enactment of this title promulgate guidelines establishing the min-

imum 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);

(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) L

AKE

ESTORATION

UIDANCE

ANUAL

.—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.

(k)(1) 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

November 27, 2002

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Sec. 304 FEDERAL WATER POLLUTION CONTROL ACT 114

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.

(l) I

NDIVIDUAL

ONTROL

TRATEGIES FOR

OXIC

OLLUTANTS

.—

(1) S

TATE 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(b)(2) 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(c)(2)(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 301(b), 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);

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(c)(2)(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

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115 FEDERAL WATER POLLUTION CONTROL ACT Sec. 305

soon as possible, but not later than 3 years after the date

of the establishment of such strategy.

(2) A

PPROVAL 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) A

DMINISTRATOR

’

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) S

CHEDULE FOR

EVIEW OF

UIDELINES

.—

(1) P

UBLICATION

.—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;

(B) identify categories of sources discharging toxic or

nonconventional pollutants for which guidelines under sub-

section (b)(2) of this section and section 306 have not pre-

viously been published; and

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) P

UBLIC REVIEW

.—The Administrator shall provide for

public review and comment on the plan prior to final publica-

tion.

(33 U.S.C. 1314)

WATER QUALITY INVENTORY

. 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 appro-

priate supplemental descriptions as shall be required to take

into account seasonal, tidal, and other variations, of all navi-

gable waters and the waters of the contiguous zone;

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Sec. 305 FEDERAL WATER POLLUTION CONTROL ACT 116

(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

any later date.

(b)(1) 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;

the discharge of pollutants and a level of water quality which

provides for the protection and propagation of a balanced popu-

lation of shellfish, fish, and wildlife and allows recreational ac-

tivities in and on the water, have been or will 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)

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117 FEDERAL WATER POLLUTION CONTROL ACT Sec. 306

NATIONAL STANDARDS OF PERFORMANCE

. 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.

(b)(1)(A) The Administrator shall, within ninety days after the

date of enactment of this title publish (and from time to time there-

after shall revise) a list of categories of sources, which shall, at the

minimum, include:

pulp and paper mills;

paperboard, builders paper and board mills;

meat product and rendering processing;

dairy product processing;

grain mills;

canned and 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;

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Sec. 306 FEDERAL WATER POLLUTION CONTROL ACT 118

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.

procedure under State law for applying and enforcing standards of

performance for new sources located in such State. If the Adminis-

trator finds that the procedure and the law of any State require the

application and enforcement of standards of performance to at least

the same extent as required by this section, such State is 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)

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119 FEDERAL WATER POLLUTION CONTROL ACT Sec. 307

TOXIC AND PRETREATMENT EFFLUENT STANDARDS

. 307. (a)(1) 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(b)(2)(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 days 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 of 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 comments 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

prohibition) with such modifications as the Administrator finds are

November 27, 2002

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Sec. 307 FEDERAL WATER POLLUTION CONTROL ACT 120

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(b)(2)(A) and 304(b)(2) for every toxic pollut-

ant referred to in table 1 of Committee Print Numbered 95–30 of

the Committee on Public Works and Transportation of the House

of Representatives as soon 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 (1) 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.

(4) 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

one year from the date of such promulgation. If the Administrator

determines that compliance within one year from the date of pro-

mulgation is technologically infeasible for a category of sources, the

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

the time provided, consult with appropriate advisory committees,

States, independent experts, and Federal departments and agen-

cies.

(b)(1) 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-

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121 FEDERAL WATER POLLUTION CONTROL ACT Sec. 307

tion and shall be established to prevent the discharge of any pollut-

ant through treatment works (as defined in section 212 of this Act)

which are publicly owned, which pollutant interfers 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 all 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 revised by the owner or operator of such

works to reflect the removal of such toxic pollutant by 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.

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 simulta-

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) C

OMPLIANCE

ATE

XTENSION FOR

NNOVATIVE

RETREATMENT

YSTEMS

.—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

November 27, 2002

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Sec. 308 FEDERAL WATER POLLUTION CONTROL ACT 122

(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

. 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

(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 right 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-

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123 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309

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.

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) A

CCESS BY

ONGRESS

.—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)

FEDERAL ENFORCEMENT

. 309. (a)(1) Whenever, on the basis of any information

available to him, the 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 under 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 (1) 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-

November 27, 2002

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Sec. 309 FEDERAL WATER POLLUTION CONTROL ACT 124

lic notice of such finding. During the 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 (5)(B) 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 the basis of any information available to him

the Administrator finds that any person is in violation of section

301, 302, 306, 307, 308, 318, or 405 of this Act, or is in violation

of any permit condition or limitation implementing any of such sec-

tions in a permit 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 bring 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 be 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 concerning the alleged violation.

(5)(A) Any order issued under this subsection shall be by per-

sonal service, shall state with reasonable specificity the nature 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(b)(1)(A) to a date which will achieve compliance at the

earliest time possible but not later than April 1, 1979.

November 27, 2002

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125 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309

(6) Whenever, on the basis of information available to him, the

Administrator finds (A) that any person is in violation of section

301(b)(1) (A) or (C) of this Act, (B) that such person cannot meet

the requirements for a time extension under section 301(i)(2) 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.

RIMINAL

ENALTIES

.—

(1) N

EGLIGENT VIOLATIONS

.—Any person who—

(A) negligently violates section 301, 302, 306, 307, 308,

311(b)(3), 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(b)(8) of this Act or in a permit issued under section

404 of this Act by the Secretary of the Army or by a State;

(B) negligently introduces into a sewer system or into

a publicly owned treatment works any pollutant or haz-

ardous 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) K

NOWING VIOLATIONS

.—Any person who—

(A) knowingly violates section 301, 302, 306, 307, 308,

311(b)(3), 318, or 405 of this Act, or any permit condition

or limitation implementing any of such sections in a per-

November 27, 2002

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Sec. 309 FEDERAL WATER POLLUTION CONTROL ACT 126

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(b)(8) of this Act or in a permit issued under section

404 of this Act by the Secretary of the Army or by a State;

(B) knowingly introduces into a sewer system or into

a publicly owned treatment works any pollutant or haz-

ardous 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 years, 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) K

NOWING ENDANGERMENT

.—

(A) G

ENERAL RULE

.—Any person who knowingly vio-

lates section 301, 302, 306, 307, 308, 311(b)(3), 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

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) A

DDITIONAL 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

injury—

(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

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127 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309

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;

(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) F

ALSE STATEMENTS

.—Any person who knowingly makes

any false material statement, representation, or certification in

any application, record, report, plan, or other document filed or

required to be maintained under this Act or who knowingly fal-

sifies, tampers with, or renders inaccurate any monitoring de-

vice or method required to be maintained under this Act, shall

upon conviction, be punished by a fine of not more than

$10,000, or by imprisonment for not more than 2 years, 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 $20,000 per

day of violation, or by imprisonment of not more than 4 years,

or by both.

(5) T

REATMENT 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) R

ESPONSIBLE 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 officer.

(7) H

AZARDOUS SUBSTANCE DEFINED

.—For the purpose of

this subsection, the term ‘‘hazardous substance’’ means (A) any

substance designated pursuant to section 311(b)(2)(A) of this

Act, (B) any element, compound, mixture, solution, or sub-

stance designated pursuant to section 102 of the Comprehen-

November 27, 2002

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Sec. 309 FEDERAL WATER POLLUTION CONTROL ACT 128

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 Control Act.

(d) Any person who violates section 301, 302, 306, 307, 308,

311(b)(3), 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,,

or any

requirement imposed in a pretreatment program approved under

section 402(a)(3) or 402(b)(8) 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-

eter shall be treated as a single violation.

(e) Whenever a municipality is a party to a civil action brought

by the United States under this section, the State in which such

municipality is located shall be joined as a party. Such State shall

be liable for payment of any judgment, or any expenses incurred

as a result of complying with any judgment, entered against the

municipality in such action to the extent that the laws of that

State prevent the municipality from raising revenues needed to

comply with such judgment.

(f) Whenever, on the basis of an information available to him,

the Administrator finds that an owner or operator of any source is

introducing a pollutant into a treatment works in violation of sub-

section (d) of section 307, the Administrator may notify the owner

or operator of such treatment works and the State of such viola-

tion. If the owner or operator of the treatment works does not com-

mence appropriate enforcement action within 30 days of the date

of such notification, the Administrator may commence a civil action

for appropriate relief, including but not limited to, a permanent or

temporary injunction, against the owner or operator of such treat-

ment works. In any such civil action the Administrator shall join

the owner or operator of such source as a party to the action. Such

action shall be brought in the district court of the United States

in the district in which the treatment works is located. Such court

shall have jurisdiction to restrain such violation and to require the

owner or operator of the treatment works and the owner or oper-

So in law. See P.L. 100–4, sec. 313(a)(1), 101 Stat. 45.

November 27, 2002

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129 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309

ator of the source to take such action as may be necessary to come

into compliance with this Act. Notice of commencement of any such

action shall be given to the State. Nothing in this subsection shall

be construed to limit or prohibit any other authority the Adminis-

trator may have under this Act.

(g) A

DMINISTRATIVE

ENALTIES

.—

(1) V

IOLATIONS

.—Whenever on the basis of any informa-

tion available—

(A) the Administrator finds that any person has vio-

lated section 301, 302, 306, 307, 308, 318, or 405 of this

Act, or has violated any permit condition or limitation im-

plementing 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 by a State, or

(B) the Secretary of the Army (hereinafter in this sub-

section referred to as the ‘‘Secretary’’) finds that any per-

son has violated any permit condition or limitation in a

permit issued under section 404 of this Act by the Sec-

retary,

the Administrator or Secretary, as the case may be, may, after

consultation with the State in which the violation occurs, as-

sess a class I civil penalty or a class II civil penalty under this

subsection.

(2) C

LASSES OF PENALTIES

.—

(A) C

LASS I

.—The amount of a class I civil penalty

under paragraph (1) may not exceed $10,000 per violation,

except that the maximum amount of any class I civil pen-

alty under this subparagraph shall not exceed $25,000. Be-

fore issuing an order assessing a civil penalty under this

subparagraph, the Administrator or the 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 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 554 or 556 of title 5,

United States Code, but shall provide a reasonable oppor-

tunity to be heard and to represent evidence.

(B) C

LASS 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 554 of title 5, United States Code. The Administrator

and the Secretary may issue rules for discovery procedures

for hearings under this subparagraph.

(3) D

ETERMINING 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

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Sec. 309 FEDERAL WATER POLLUTION CONTROL ACT 130

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) R

IGHTS OF INTERESTED PERSONS

.—

(A) P

UBLIC 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) P

RESENTATION 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 and 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.

IGHTS 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

issuance of the order, the Administrator or Secretary shall

immediately set aside such order and provide a hearing in

accordance with paragraph (2)(A) in the case of a class I

civil penalty and paragraph (2)(B) 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 de-

nial.

(5) F

INALITY 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) E

FFECT OF ORDER

.—

(A) L

IMITATION 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,

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131 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309

(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) A

PPLICABILITY 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(a)(1) of this Act

has been filed prior to commencement of an action

under this subsection, or

(ii) notice of an alleged violation of section

505(a)(1) of this Act has been given in accordance with

section 505(b)(1)(A) prior to commencement of an ac-

tion under this subsection and an action under section

505(a)(1) with respect to such alleged violation is filed

before the 120th day after the date on which such no-

tice is given.

(7) E

FFECT 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.

(8) J

UDICIAL REVIEW

.—Any person against whom a civil

penalty is assessed under this subsection or who commented

on the proposed assessment of such penalty in accordance 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 civil 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 a notice of appeal in such court within the 30-day pe-

riod beginning on the date 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 finding 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

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Sec. 309 FEDERAL WATER POLLUTION CONTROL ACT 132

the Administrator’s or Secretary’s assessment of the penalty

constitutes an abuse of discretion.

(9) C

OLLECTION

.—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 the 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 final 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 non-

payment 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) S

UBPOENAS

.—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,

books, or documents in connection with hearings under this

subsection. In case of contumacy or refusal to obey a subpoena

issued pursuant to this paragraph and served upon any person,

the district court of the United States for any district in which

such person is found, resides, or transacts business, upon ap-

plication 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 before the administrative law

judge or to appear and produce documents before the adminis-

trative law judge, or both, and any failure to obey such order

of the court may be punished by such court as a contempt

thereof.

(11) P

ROTECTION OF EXISTING PROCEDURES

.—Nothing in

this subsection shall change the procedures existing on the day

before the date of the enactment of the Water Quality Act of

1987 under other subsections of this section for issuance and

enforcement of orders by the Administrator.

(33 U.S.C. 1319)

INTERNATIONAL POLLUTION ABATEMENT

. 310. (a) Whenever the Administrator, upon receipts of re-

ports, surveys, or studies from any duly constituted international

agency, has reason to believe that pollution is occurring which en-

dangers the health or welfare of persons in a foreign country, and

the Secretary of State requests him to abate such pollution, he

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133 FEDERAL WATER POLLUTION CONTROL ACT Sec. 310

shall give formal notification thereof to the State water pollution

control agency of the State or States in which such discharge or

discharges originate and to the appropriate interstate agency, if

any. He shall also promptly call such a hearing, if he believes that

such pollution is occurring in sufficient quantity to warrant such

action, and if such foreign country has given the United States es-

sentially the same rights with respect to the prevention and control

of pollution occurring in that country as is given that country by

this subsection. The Administrator, through the Secretary of State,

shall invite the foreign country which may be adversely affected by

the pollution to attend and participate in the hearing, and the rep-

resentative of such country shall, for the purpose of the hearing

and any further proceeding resulting from such hearing, have all

the rights of a State water pollution control agency. Nothing in this

subsection shall be construed to modify, amend, repeal, or other-

wise affect the provisions of the 1909 Boundary Waters Treaty be-

tween Canada and the United States or the Water Utilization

Treaty of 1944 between Mexico and the United States (59 Stat.

1219), relative to the control and abatement of pollution in waters

covered by those treaties.

(b) The calling of a hearing under this section shall not be con-

strued by the courts, the Administrator, or any person as limiting,

modifying, or otherwise affecting the functions and responsibilities

of the Administrator under this section to establish and enforce

water quality requirements under this Act.

notice of a public hearing before a hearing board of five or more

persons appointed by the Administrator. A majority of the mem-

bers of the board and the chairman who shall be designated by the

Administrator shall not be officers or employees of Federal, State,

or local governments. On the basis of the evidence presented at

such hearing, the board shall 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

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 134

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 any 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 pro-

ceedings to the Administrator for such further action as it may di-

rect.

(33 U.S.C. 1320)

OIL AND HAZARDOUS SUBSTANCE LIABILITY

. 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, ,(C)

continuous or anticipated intermittent discharges

from a point source, identified in a permit or permit applica-

So in law.

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135 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

tion under section 402 of this Act, which are caused by events

occurring within the scope of relevant operating or treatment

systems, and (D) discharges incidental to mechanical removal

authorized by the President under subsection (c) of this sec-

tion;

(3) ‘‘vessel’’ means every description of watercraft or other

artificial contrivance used, or capable of being used, as a

means of transportation on water other than a public vessel;

(4) ‘‘public vessel’’ means a vessel owned or 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 may be nec-

essary to prevent, 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;

(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

United 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 (b)(2) of this section;

(15) ‘‘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;

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 136

(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;

(18) ‘‘Area Committee’’ means an Area Committee estab-

lished under subsection (j);

(19) ‘‘Area Contingency Plan’’ means an Area Contingency

Plan prepared under subsection (j);

(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);

(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; and

(25) ‘‘removal costs’’ means—

(A) the costs of removal of oil or a hazardous sub-

stance that are incurred after it is discharged; and

(B) in any case in which there is a substantial threat

of a discharge of oil or a hazardous substance, the costs to

prevent, minimize, or mitigate that threat.

(b)(1) The Congress hereby declares that it is the policy of the

United States that there should be no discharges of oil or haz-

ardous 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

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

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137 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

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 at times and locations or under such circumstances or

conditions as the President may, by regulation, determine not to be

harmful. Any regulations issued under this 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-

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.

(5) 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

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 138

oil or a hazardous substance is discharged in violation of pragraph

(3)(i) of this subsection, or (B) in charge of a vessel from which oil

or a hazardous substance is discharged in violation of paragraph

(3)(ii) 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 criminal case, except a prosecution for perjury

or for giving a false statement.

(6) A

DMINISTRATIVE PENALTIES

.—

(A) V

IOLATIONS

.—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) C

LASSES OF PENALTIES

.—

(i) C

LASS 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 $25,000. 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 554 or 556 of title 5, United States Code, but

shall provide a reasonable opportunity to be heard and

to present evidence.

(ii) C

LASS II

.—The amount of a class II civil pen-

alty under subparagraph (A) may not exceed $10,000

per day for each day during which the violation con-

tinues; except that the maximum amount of any class

II civil penalty under this subparagraph shall not ex-

ceed $125,000. Except as otherwise provided in this

subsection, 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 as-

sessed and collected after notice and opportunity for a

hearing 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.

IGHTS OF INTERESTED PERSONS

.—

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139 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

(i) P

UBLIC 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) P

RESENTATION 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) R

IGHTS 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) F

INALITY 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 (C)(iii). If such a hearing is denied,

such order shall become final 30 days after such denial.

(E) E

FFECT 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-

retary’s 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).

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 140

(F) E

FFECT 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) J

UDICIAL 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

issued 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) C

OLLECTION

.—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-

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-

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141 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

alties and nonpayment penalties which are unpaid as of

the beginning of such quarter.

(I) S

UBPOENAS

.—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

United States and after notice to such person, shall have

jurisdiction to issue an order requiring such person to ap-

pear and give testimony before the administrative law

judge or to appear and produce documents before the ad-

ministrative 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) C

IVIL PENALTY ACTION

.—

(A) D

ISCHARGE

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) F

AILURE 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 (e)(1)(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.

AILURE TO COMPLY WITH REGULATION

.—Any per-

son who fails or refuses to comply with any regulation

issued under subsection (j) shall be subject to a civil pen-

alty in an amount up to $25,000 per day of violation.

(D) G

ROSS 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) J

URISDICTION

.—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

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 142

is located, resides, or is doing business, and such court

shall have jurisdiction to assess such penalty.

(F) L

IMITATION

.—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) D

ETERMINATION 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) M

ITIGATION 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) R

ECOVERY OF REMOVAL COSTS

.—Any costs of removal

incurred in connection with a discharge excluded by subsection

(a)(2)(C) 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) L

IMITATION

.—Civil penalties shall not be assessed

under both this section and section 309 for the same discharge.

(12)

ITHHOLDING

LEARANCE

.—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

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 of the United States (46 U.S.C. App. 313); and

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 filing of a bond or other surety

satisfactory to the Secretary of the department in which the Coast

Guard is operating or the Administrator.

EDERAL

EMOVAL

UTHORITY

.—

Indentation so in law.

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143 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

(1) G

ENERAL 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) D

ISCHARGE POSING SUBSTANTIAL THREAT TO PUBLIC

HEALTH OR WELFARE

.—(A) If a discharge, or a substantial

threat of a discharge, of oil or a hazardous substance from a

vessel, offshore facility, or onshore facility is of such a size or

character as to be a substantial threat to the public health or

welfare of the United States (including but not limited to fish,

shellfish, wildlife, other natural resources, and the public and

private beaches and shorelines of the United States), the Presi-

dent shall direct all Federal, State, and private actions to re-

move the discharge or to mitigate or prevent the threat of the

discharge.

(B) In carrying out this paragraph, the President may,

without regard to any other provision of law governing con-

tracting procedures or employment of personnel by the Federal

Government—

(i) remove or arrange for the removal of the discharge,

or mitigate or prevent the substantial threat of the dis-

charge; and

(ii) remove and, if necessary, destroy a vessel dis-

charging, or threatening to discharge, by whatever means

are available.

(3) A

CTIONS 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

November 27, 2002

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 144

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) E

XEMPTION FROM LIABILITY

.—(A) A person is not liable

for removal costs or damages which result from actions taken

or omitted to be taken in the course of rendering care, assist-

ance, or advice consistent with the National Contingency Plan

or as otherwise directed by the President relating to a dis-

charge or a substantial threat of a discharge of oil or a haz-

ardous substance.

(B) Subparagraph (A) does not apply—

(i) to a responsible party;

(ii) to a response under the Comprehensive Environ-

mental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9601 et seq.);

(iii) with respect to personal injury or wrongful death;

(iv) if the person is grossly negligent or engages in

willful misconduct.

damages that another person is relieved of under subpara-

graph (A).

(5) O

BLIGATION AND LIABILITY OF OWNER OR OPERATOR NOT

AFFECTED

.—Nothing in this subsection affects—

(A) the obligation of an owner or operator to respond

immediately to a discharge, or the threat of a discharge,

of oil; or

(B) the liability of a responsible party under the Oil

Pollution Act of 1990.

(6) R

ESPONSIBLE PARTY DEFINED

.—For purposes of this

subsection, the term ‘‘responsible party’’ has the meaning given

that term under section 1001 of the Oil Pollution Act of 1990.

(d) N

ATIONAL

ONTINGENCY

LAN

.—

(1) P

REPARATION BY PRESIDENT

.—The President shall pre-

pare and publish a National Contingency Plan for removal of

oil and hazardous substances pursuant to this section.

(2) C

ONTENTS

.—The National Contingency Plan shall pro-

vide for efficient, coordinated, and effective action to minimize

damage from oil and hazardous substance discharges, includ-

ing containment, dispersal, and removal of oil and hazardous

substances, and shall include, but not be limited to, the fol-

lowing:

(A) Assignment of duties and responsibilities among

Federal departments and agencies in coordination with

State and local agencies and port authorities including,

but not limited to, water pollution control and conservation

and trusteeship of natural resources (including conserva-

tion of fish and wildlife).

(B) Identification, procurement, maintenance, and

storage of equipment and supplies.

strike teams, consisting of—

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145 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

(i) personnel who shall be trained, prepared, and

available to provide necessary services to carry out the

National Contingency Plan;

(ii) adequate oil and hazardous substance pollu-

tion control equipment and material; and

(iii) a detailed oil and hazardous substance pollu-

tion and prevention plan, including measures to pro-

tect fisheries and wildlife.

(D) A system of surveillance and notice designed to

safeguard against as well as ensure earliest possible notice

of discharges of oil and hazardous substances and immi-

nent threats of such discharges to the appropriate State

and Federal agencies.

(E) Establishment of a national center to provide co-

ordination and direction for operations in carrying out the

Plan.

(F) Procedures and techniques to be employed in iden-

tifying, containing, dispersing, and removing oil and haz-

ardous substances.

(G) A schedule, prepared in cooperation with the

States, identifying—

(i) dispersants, other chemicals, and other spill

mitigating devices and substances, if any, that may be

used in carrying out the Plan,

(ii) the waters in which such dispersants, other

chemicals, and other spill mitigating devices and sub-

stances may be used, and

(iii) the quantities of such dispersant, other chemi-

cals, or other spill mitigating device or substance

which can be used safely in such waters,

which schedule shall provide in the case of any dispersant,

chemical, spill mitigating device or substance, or waters

not specifically identified in such schedule that the Presi-

dent, or his delegate, may, on a case-by-case basis, identify

the dispersants, other chemicals, and other spill mitigating

devices and substances which may be used, the waters in

which they may be used, and the quantities which can be

used safely in such waters.

(H) A system whereby the State or States affected by

a discharge of oil or hazardous substance may act where

necessary to remove such discharge and such State or

States may be reimbursed in accordance with the Oil Pol-

lution Act of 1990, in the case of any discharge of oil from

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

(c)(2).

(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.

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 146

(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 (j).

(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);

(iii) District Response Groups established under

subsection (j); and

(iv) Area Committees established under subsection

(j).

(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) R

EVISIONS AND AMENDMENTS

.—The President may,

from time to time, as the President deems advisable, revise or

otherwise amend the National Contingency Plan.

(4) A

CTIONS 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) C

IVIL

NFORCEMENT

.—

(1) O

RDERS 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) J

URISDICTION OF DISTRICT COURTS

.—The district courts

of the United States shall have jurisdiction to grant any relief

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147 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

under this subsection that the public interest and the equities

of the case may require.

(f)(1) Except where an owner or operator can prove that a dis-

charge was caused solely by (A) an act of God, (B) an act of war,

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 (b)(3) 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 (b)(3) 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 such 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 1,000 barrels or less which he determines

because of size, type, and location do not present a substantial risk

of the discharge of oil or hazardous substance in violation of sub-

section (b)(3) 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.

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 148

(3) 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 (b)(3) of this section shall, not-

withstanding any other provision of law, be liable to the United

States Government for the actual costs incurred under subsection

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 oper-

ator of such facility in any court of competent jurisdiction to re-

cover 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 the 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 haz-

ardous substance in violation of subsection (b) of this section.

(5) The President, or the authorized representative of any

State, shall act on behalf of the public as trustee of the natural re-

sources to recover for the costs of replacing or restoring such re-

sources. Sums recovered shall be used 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 shall pay to the United States Gov-

ernment the actual costs incurred under subsection (c) for removal

of such oil or substance and shall be entitled by subrogation to all

rights of the United States Government to recover such costs from

such third party under this subsection. In any case where an owner

or operator of a vessel, of an onshore facility, or of an offshore facil-

ity, from which oil or a hazardous substance is discharged in viola-

tion of subsection (b)(3) 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 for 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

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149 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

discharge was caused solely by (A) an act of God, (B) an act of war,

an act or omission of another party without regard to whether such

an 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 oper-

ator 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 haz-

ardous substance in violation of subsection (b)(3) of this section was

the result of willful negligence or willful misconduct within the

privity and knowledge of such third party, such third party shall

be liable to the United States Government for the full amount of

such removal costs. The United States may bring an action against

the third party in any court of competent jurisdiction to recover

such removal costs.

(h) The liabilities established by this section shall in no way

affect any rights which (1) the owner or operator of a vessel or of

an onshore facility or an offshore facility may have against any

third party whose acts may in any way have caused or contributed

to such discharge, or (2) The

United States Government may have

against any third party whose actions may in any way have caused

or contributed to the 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 oil or a haz-

ardous substance is discharged in violation of subsection (b)(3) of

this section acts to remove such oil or substance in accordance with

regulations promulgated pursuant to this section, such owner or

operator shall be entitled to recover the reasonable costs incurred

in such removal upon establishing, in a suit which may be brought

against the United States Government in the United States 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 (D) an act or omission of a third party without re-

gard to whether such act or omission was or was not negligent, or

of any combination of the foregoing clauses.

(j) N

ATIONAL

ESPONSE

YSTEM

.—

(1) I

N GENERAL

.—Consistent with the National Contin-

gency Plan required by subsection (c)(2) of this section, as soon

as practicable after the effective date of this section, and from

time to time thereafter, the President shall issue regulations

consistent with maritime safety and with marine and naviga-

tion laws (A) establishing methods and procedures for removal

of discharged oil and hazardous substances, (B) establishing

So in law. Should not be capitalized.

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 150

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) N

ATIONAL 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;

sonnel and equipment to remove a worst case discharge,

and to mitigate or prevent a substantial threat of such a

discharge, from a vessel, offshore facility, or onshore facil-

ity operating in or near an area designated by the Presi-

dent 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) C

OAST 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.

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151 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

(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) A

REA COMMITTEES AND AREA CONTINGENCY PLANS

.—(A)

There is established for each area designated by the President

an Area Committee comprised of members appointed by the

President from qualified personnel of Federal, State, and local

agencies.

(B) Each Area Committee, under the direction of the Fed-

eral On-Scene Coordinator for its area, shall—

(i) prepare for its area the Area Contingency Plan re-

quired under subparagraph (C);

(ii) work with State and local officials to enhance the

contingency planning of those officials and to assure

preplanning of joint response efforts, including appropriate

procedures for mechanical recovery, dispersal, shoreline

cleanup, protection of sensitive environmental areas, and

protection, rescue, and rehabilitation of fisheries and wild-

life; and

(iii) work with State and local officials to expedite de-

cisions for the use of dispersants and other mitigating sub-

stances and devices.

President for approval an Area Contingency Plan for its area.

The Area Contingency Plan shall—

(i) when implemented in conjunction with the National

Contingency Plan, be adequate to remove a worst case dis-

charge, and to mitigate or prevent a substantial threat of

such a discharge, from a vessel, offshore facility, or on-

shore facility operating in or near the area;

(ii) describe the area covered by the plan, including

the areas of special economic or environmental importance

that might be damaged by a discharge;

(iii) describe in detail the responsibilities of an owner

or operator and of Federal, State, and local agencies in re-

moving a discharge, and in mitigating or preventing a sub-

stantial threat of a discharge;

(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

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 152

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) T

ANK 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.

(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-

sonnel and equipment necessary to remove to the max-

imum 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;

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153 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

(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)

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 oper-

ator 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

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) E

QUIPMENT REQUIREMENTS AND INSPECTION

.—Not later

than 2 years after the date of enactment of this section, the

President shall require—

Subparagraph (E) of section 311(j)(5) shall take effect 36 months (August 18, 1993) after the

date of the enactment of Public Law 101-380. See P.L. 101-380, sec. 4202(b)(4)(C), 104 Stat. 532.

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Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 154

(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) A

REA 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) U

NITED 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(b)(2) of P.L. 101-380.]

(l) 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) A

DMINISTRATIVE

ROVISIONS

.—

(1) F

OR 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

officer or court of competent jurisdiction.

(2) F

OR FACILITIES

.—

(A) R

ECORDKEEPING

.—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

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155 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311

the case may be, may require to carry out the objectives

of this section.

(B) E

NTRY 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).

RRESTS 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) P

UBLIC 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 (i)(1), 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.

(o)(1) Nothing in this section shall affect or modify in any way

the obligations of any owner or operator of any vessel, or of any

owner or operator of any onshore facility or offshore facility to any

person or agency under any provision of law for damages to any

publicly owned or privately owned property resulting from a 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 haz-

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Sec. 312 FEDERAL WATER POLLUTION CONTROL ACT 156

ardous substance into any waters within such State, or with re-

spect 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 (f)(2) 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.

(s) 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 (l) 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

. 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 and 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,

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;

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157 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312

(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

vessel’’—

(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 maneu-

vering 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 waterborne; 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

(B) determined by 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 (n)(2)(B); 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

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Sec. 312 FEDERAL WATER POLLUTION CONTROL ACT 158

the department in which the Coast Guard is operating as

a vessel equivalent to a vessel described in subparagraph

(A).

(b)(1) 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

(c)(1)(B) 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.

(c)(1)(A) Initial standards and regulations under this section

shall become effective for new vessels two years after promulgation;

and for existing vessels five years after promulgation. Revisions of

standards and regulations shall be effective upon promulgation, 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 min-

imum the equivalent of secondary treatment as defined under sec-

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-

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159 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312

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 (b)(1) of

this section and certifications under subsection (g)(2) of this section

shall be promulgated and issued by the Secretary of Defense.

(e) Before the standards and regulations under this section are

promulgated, the Administrator and the Secretary of the 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.

(f)(1)(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.

(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 State require greater environmental protection,

such State may completely prohibit the discharge from all vessels

of any sewage, whether treated or not, into such waters, except

that no such prohibition shall apply until the Administrator deter-

mines that adequate facilities for the safe and sanitary removal

and treatment of sewage from all vessels are reasonably available

for such water to which such prohibition would apply. Upon appli-

cation of the State, the Administrator shall make such determina-

tion within 90 days of the date of such application.

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Sec. 312 FEDERAL WATER POLLUTION CONTROL ACT 160

(4)(A) 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)(1) No manufacturer of a marine sanitation device shall sell,

offer for sale, or introduce or deliver for introduction in interstate

commerce, or import into the United States for sale or resale any

marine sanitation device manufactured after the effective date of

the standards and regulations promulgated under this section 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 the 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 this section and regulations issued thereunder and

shall, upon request of an officer or employee duly designated by the

Administrator or the Secretary of the department in which the

Coast Guard is operating, permit such officer or employee at rea-

sonable times to have 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 disclosed 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.

November 27, 2002

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161 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312

(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 (g)(1) of this section and

subsections (h)(1) through (3) of this section. Actions to restrain

such violations shall be brought by, and in, the name of the United

States. In case of 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.

(j) Any person who violates subsection (g)(1), clause (1) or (2)

of subsection (h), or subsection (n)(8) 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

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.

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Sec. 312 FEDERAL WATER POLLUTION CONTROL ACT 162

(l) 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) U

NIFORM

ATIONAL

ISCHARGE

TANDARDS FOR

ESSELS

OF THE

RMED

ORCES

.—

(1) A

PPLICABILITY

.—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 of Defense finds that compliance with this

subsection would not be in the national security interests of

the United States.

(2) D

ETERMINATION OF DISCHARGES REQUIRED TO BE CON

TROLLED BY MARINE POLLUTION CONTROL DEVICES

.—

(A) I

N 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 (a)(1) of sec-

tion 553 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

is reasonable and practicable.

(B) C

ONSIDERATIONS

.—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

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163 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312

(vii) the economic costs of the installation and use

of the marine pollution control device.

(3) P

ERFORMANCE STANDARDS FOR MARINE POLLUTION CON

TROL DEVICES

.—

(A) I

N 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 Secretary 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)(1) of section 553

of title 5, United States Code, the Administrator and the

Secretary of Defense shall promulgate the standards in ac-

cordance with such section.

(B) C

ONSIDERATIONS

.—In promulgating standards

under this paragraph, the Administrator and the Secretary

of Defense shall take into consideration the matters set

forth in paragraph (2)(B).

LASSES

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) R

EGULATIONS FOR USE OF MARINE POLLUTION CONTROL

DEVICES

.—The Secretary 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) D

EADLINES

;

EFFECTIVE DATE

.—

(A) D

ETERMINATIONS

.—The Administrator and the

Secretary of Defense shall—

(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) S

TANDARDS

.—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

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Sec. 312 FEDERAL WATER POLLUTION CONTROL ACT 164

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, con-

sistent with paragraph (3)(B) and based on signifi-

cant new information.

EGULATIONS

.—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) P

ETITION 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 (2)(B). 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) E

FFECT ON OTHER LAWS

.—

(A) P

ROHIBITION ON REGULATION BY STATES OR POLIT

ICAL 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);

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) F

EDERAL LAWS

.—This subsection shall not affect

the application of section 311 to discharges incidental to

the normal operation of a vessel.

(7) E

STABLISHMENT OF STATE NO

DISCHARGE ZONES

.—

(A) S

TATE PROHIBITION

.—

(i) I

N GENERAL

.—After the effective date of—

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165 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312

(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

(B)(i).

(ii) D

OCUMENTATION

.—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) P

ROHIBITION BY THE ADMINISTRATOR

.—

(i) I

N 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) adequate facilities for the safe and sani-

tary removal of the discharge incidental to the

normal operation of a vessel are reasonably avail-

able for the waters to which the prohibition would

apply; and

(III) the prohibition will not have the effect of

discriminating against a vessel of the Armed

Forces by reason of the ownership or operation by

the Federal Government, or the military function,

of the vessel.

(ii) A

PPROVAL 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 (i)(II), 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.

PPLICABILITY TO FOREIGN FLAGGED VESSELS

.—A

prohibition under this paragraph—

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Sec. 313 FEDERAL WATER POLLUTION CONTROL ACT 166

(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) P

ROHIBITION RELATING TO VESSELS OF THE ARMED

FORCES

.—After the effective date of the regulations promul-

gated by the Secretary of Defense under paragraph (4), it shall

be 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) E

NFORCEMENT

.—This subsection shall be enforceable,

as provided in subsections (j) and (k), against any agency of the

United States responsible for vessels of the Armed Forces not-

withstanding any immunity asserted by the agency.

(33 U.S.C. 1322)

FEDERAL FACILITIES POLLUTION CONTROL

. 313. (a) Each department, agency, or instrumentality of

the executive, legislative, and judicial branches of the Federal Gov-

ernment (1) having jurisdiction over any 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-

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,

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167 FEDERAL WATER POLLUTION CONTROL ACT Sec. 313

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 proceeding may 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 shall have 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.

(b)(1) 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 wastewater facilities to develop a program of cooperation for

utilizing wastewater control systems utilizing those innovative

treatment processes and techniques for which guidelines have been

promulgated under section 304(d)(3). 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

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Sec. 314 FEDERAL WATER POLLUTION CONTROL ACT 168

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

. 314. (a) E

STABLISHMENT AND

COPE OF

ROGRAM

.—

(1) S

TATE 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;

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 publicily 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) S

UBMISSION AS PART OF 305(

)(1) REPORT

.—The informa-

tion required under paragraph (1) shall be included in the re-

port required under section 305(b)(1) of this Act, beginning

with the report required under such section by April 1, 1988.

(3) E

LIGIBILITY REQUIREMENT

.—Beginning after April 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 (a)(1) of this sec-

tion.

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169 FEDERAL WATER POLLUTION CONTROL ACT Sec. 314

(c)(1) 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) D

EMONSTRATION

ROGRAM

.—

(1) G

ENERAL 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;

consolidated pollution control strategies;

(D) demonstrate environmentally preferred techniques

for the removal and disposal of contaminated lake sedi-

ments;

(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) G

EOGRAPHICAL 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) R

EPORTS

.—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

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Sec. 315 FEDERAL WATER POLLUTION CONTROL ACT 170

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) A

UTHORIZATION OF APPROPRIATIONS

.—

(A) I

N 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) S

PECIAL AUTHORIZATIONS

.—

(i) A

MOUNT

.—There is authorized to be appro-

priated to carry out subsection (b) with respect to sub-

section (a)(1)(D) not to exceed $15,000,000 for fiscal

years beginning after September 30, 1986, to remain

available until expended.

(ii) D

ISTRIBUTION 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) G

RANTS 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)

NATIONAL STUDY COMMISSION

. 315. (a) There is established a National Study Commis-

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 301(b)(2) of this Act.

(b) Such Commission shall be composed of fifteen members, in-

cluding five members of the Senate, who are members of the Public

Works committee, appointed by the President of the Senate, five

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.

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.

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171 FEDERAL WATER POLLUTION CONTROL ACT Sec. 316

(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.

(f) 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 traveltime 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

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

. 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, and 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),

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Sec. 317 FEDERAL WATER POLLUTION CONTROL ACT 172

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.

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 of 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

. 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

. 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

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173 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319

title, as the Administrator determines necessary to carry out the

objective of this Act.

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) S

TATE

SSESSMENT

EPORTS

.—

(1) C

ONTENTS

.—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;

coordination and public participation, for identifying best

management practices and measures to control each cat-

egory and subcategory of nonpoint sources and, where ap-

propriate, particular nonpoint sources identified under

subparagraph (B) and to reduce, to the maximum extent

practicable, the level of pollution resulting from such cat-

egory, subcategory, or source; and

(D) identifies 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 but not limited to those programs

which are receiving Federal assistance under subsections

(h) and (i).

(2) I

NFORMATION 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(f),

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) S

TATE

ANAGEMENT

ROGRAMS

.—

(1) I

N 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 for approval a management program which such

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Sec. 319 FEDERAL WATER POLLUTION CONTROL ACT 174

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) S

PECIFIC 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

(1)(B), 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).

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 (1)(B). 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,

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 necessary 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-

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175 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319

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) U

TILIZATION OF LOCAL AND PRIVATE EXPERTS

.—In devel-

oping and implementing a management program under this

subsection, a State shall, 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) D

EVELOPMENT 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.

DMINISTRATIVE

ROVISIONS

.—

(1) C

OOPERATION 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) T

IME 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.

(d) A

PPROVAL OR

ISAPPROVAL OF

EPORTS AND

ANAGEMENT

ROGRAMS

.—

(1) D

EADLINE

.—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) P

ROCEDURE 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 (b)(2)

of this section or is not likely to satisfy, in whole or in

part, the goals and requirements of this Act;

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Sec. 319 FEDERAL WATER POLLUTION CONTROL ACT 176

(B) adequate authority does not exist, or adequate re-

sources are not available, to implement such program or

portion;

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) F

AILURE 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 (c)(2), 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 (1)(A) and (1)(B) 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) L

OCAL

ANAGEMENT

ROGRAMS

; T

ECHNICAL

SSISTANCE

.—

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

State, request the Administrator 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).

(f) T

ECHNICAL

SSISTANCE FOR

TATE

.—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) I

NTERSTATE

ANAGEMENT

ONFERENCE

.—

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177 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319

(1) C

ONVENING 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) S

TATE 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

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) G

RANT

ROGRAM

.—

(1) G

RANTS FOR IMPLEMENTATION OF MANAGEMENT PRO

GRAMS

.—Upon application of a State for which a report sub-

mitted under subsection (a) and a management program sub-

mitted under subsection (b) is approved under this section, the

Administrator shall make grants, subject to such terms and

conditions as the Administrator considers appropriate, under

this subsection to such State for the purpose of assisting the

State in implementing such management program. Funds re-

served pursuant to section 205(j)(5) of this Act may be used to

develop and implement such management program.

(2) A

PPLICATIONS

.—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

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Sec. 319 FEDERAL WATER POLLUTION CONTROL ACT 178

to assist, encourage, or require in such year with the Federal

assistance to be provided under the grant.

(3) F

EDERAL 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 share is provided from non-Federal sources.

(4) L

IMITATION 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) P

RIORITY 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;

lems; or

(D) carry out ground 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-

ance, education, and training to protect ground water qual-

ity from nonpoint sources of pollution.

(6) A

VAILABILITY 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) L

IMITATION 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 re-

lated to the costs of demonstration projects.

(8) S

ATISFACTORY PROGRESS

.—No grant may be made

under this subsection in any fiscal year to a State which in the

preceding fiscal year received a grant under this subsection un-

less 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) M

AINTENANCE OF EFFORT

.—No grant may be made to

a State under this subsection in any fiscal year unless such

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179 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319

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) R

EQUEST 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) R

EPORTING AND OTHER REQUIREMENTS

.—Each State

shall report to the Administrator on an annual basis con-

cerning (A) its progress in meeting the schedule of milestones

submitted pursuant to subsection (b)(2)(C) of this section, and

(B) to the extent that appropriate information is available, re-

ductions in nonpoint source pollutant loading and improve-

ments in water quality for those navigable waters or water-

sheds within the State which were identified pursuant to sub-

section (a)(1)(A) of this section resulting from implementation

of the management program.

(12) L

IMITATION 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) G

RANTS FOR

ROTECTING

ROUNDWATER

UALITY

.—

(1) E

LIGIBLE 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) A

PPLICATIONS

.—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) F

EDERAL 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 costs incurred by the State

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Sec. 320 FEDERAL WATER POLLUTION CONTROL ACT 180

in carrying out such activities, except that the maximum

amount of Federal assistance which any State may receive

under this subsection in any fiscal year shall not exceed

$150,000.

(j) A

UTHORIZATION OF

PPROPRIATIONS

.—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 be made available to carry out subsection (i). Sums

appropriated pursuant to this subsection shall remain available

until expended.

(k) C

ONSISTENCY OF

THER

ROGRAMS AND

ROJECTS

ITH

ANAGEMENT

ROGRAMS

.—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

(b)(2)(F) 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 and 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 projects with the State nonpoint

source pollution management program.

(l) C

OLLECTION OF

NFORMATION

.—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 implementation of various management practices to control

nonpoint sources of pollution.

(m) S

SIDE FOR

DMINISTRATIVE

ERSONNEL

.—Not less

than 5 percent of the funds appropriated pursuant to subsection (j)

for any fiscal year shall be available to the Administrator to main-

tain personnel levels at the Environmental Protection Agency at

levels which are adequate to carry out this section in such year.

(33 U.S.C. 1329)

SEC. 320. NATIONAL ESTUARY PROGRAM.

(a) M

ANAGEMENT

ONFERENCE

.—

(1) N

OMINATION 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

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181 FEDERAL WATER POLLUTION CONTROL ACT Sec. 320

success, and information relating to the factors in paragraph

(2).

(2) C

ONVENING OF CONFERENCE

.—

(A) I

N 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) P

RIORITY 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);

Puget Sound, Washington; New York-

New Jersey Harbor, New York and New Jersey; Delaware

Bay, Delaware and New Jersey; Delaware Inland Bays,

Delaware; Albermarle Sound, North Carolina; Sarasota

Bay, Florida; San Francisco Bay, California; Santa Monica

Bay, California; Galveston Bay, Texas;

Barataria-

Terrebonne Bay estuary complex, Louisiana; Indian River

Lagoon, Florida; and Peconic Bay, New York.

(3) B

OUNDARY 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) P

URPOSES OF

ONFERENCE

.—The purposes of any manage-

ment conference convened with respect to an estuary under this

subsection shall be to—

(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-

Both P.L. 100–653 and P.L. 100–658 inserted the same Massachusetts Bay phrase after Buz-

zards Bay; so that the phrase appears twice.

P.L. 100–688, section 2001(3) inserted the Louisiana, Florida, New York bays after ‘‘Gal-

veston, Texas;’’ which technically could not be executed.

November 27, 2002

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Sec. 320 FEDERAL WATER POLLUTION CONTROL ACT 182

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 of paragraph (7), such programs and projects shall

not be limited to the assistance programs and development projects

subject to Executive Order 12372, but 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.

EMBERS OF

ONFERENCE

.—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) U

TILIZATION OF

XISTING

ATA

.—In developing a conserva-

tion and management plan under this section, the management

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) P

ERIOD OF

ONFERENCE

.—A management conference con-

vened under this section shall be convened for a period not to ex-

ceed 5 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) A

PPROVAL AND

MPLEMENTATION OF

LANS

.—

(1) A

PPROVAL

.—Not later than 120 days after the comple-

tion of a conservation and management plan and after pro-

viding for public review and comment, the Administrator shall

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183 FEDERAL WATER POLLUTION CONTROL ACT Sec. 320

approve such plan if the plan meets the requirements of this

section and the affected Governor or Governors concur.

(2) I

MPLEMENTATION

.—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) G

RANTS

.—

(1) R

ECIPIENTS

.—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) P

URPOSES

.—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) F

EDERAL 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) G

RANT

EPORTING

.—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) A

UTHORIZATION OF

PPROPRIATIONS

.—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.

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) R

ESEARCH

.—

(1) P

ROGRAMS

.—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—

November 27, 2002

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Sec. 320 FEDERAL WATER POLLUTION CONTROL ACT 184

(A) a long-term program of trend assessment moni-

toring measuring variations in pollutant concentrations,

marine 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;

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) R

EPORTS

.—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;

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

(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 (b)(4) of this section.

(k) D

EFINITIONS

.—For purposes of this section, the terms ‘‘estu-

ary’’ and ‘‘estuarine zone’’ have the meanings such terms have in

section 104(n)(3) 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)

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185 FEDERAL WATER POLLUTION CONTROL ACT Sec. 401

TITLE IV—PERMITS AND LICENSES

CERTIFICATION

. 401. (a)(1) 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 511(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-

November 27, 2002

Q:\COMP\WATER2\CLEANWAT.004

Sec. 401 FEDERAL WATER POLLUTION CONTROL ACT 186

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 after 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

applicable effluent limitations or other limitations or other water

quality requirements such Federal agency may, after public hear-

ing, suspend such license or permit. If such license or permit is

suspended, it shall remain suspended until notification is received

from the certifying State, agency, or Administrator, as the case

may be, that there is reasonable assurance that such facility or ac-

tivity will not violate the applicable provisions of section 301, 302,

303, 306, or 307 of this Act.

(5) Any Federal license or permit with respect to which a cer-

tification has been obtained under paragraph (1) of this subsection

may be suspended or revoked by the Federal agency issuing such

license or permit upon the entering of a judgment under this Act

that such facility or activity has been operated in violation of the

November 27, 2002

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187 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402

applicable provisions of section 301, 302, 303, 306, or 307 of this

Act.

(6) Except with respect to a permit issued under section 402

of this Act, in any case where actual construction of a facility has

been lawfully commenced prior to April 3, 1970, no certification

shall be required under this subsection for a license or permit

issued after April 3, 1970, to operate such facility, except that any

such license or permit issued without certification shall terminate

April 3, 1973, unless prior to such termination date the person hav-

ing such license or permit submits to the Federal agency which

issued such license or permit a certification and otherwise meets

the requirements of this section.

(b) Nothing in this section 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 department or agency, or State or interstate agency, or ap-

plicant, provide, for the purpose of this section, any relevant infor-

mation on applicable effluent limitations, or other limitations,

standards, regulations, or requirements, or water quality criteria,

and shall, when requested by any such department or agency or

State or interstate agency, or applicant, comment on any methods

to comply with such limitations, standards, regulations, require-

ments, or criteria.

Secretary of the Army, acting throught the Chief of Engineers, is

authorized, if he deems it to be in the public interest, to permit the

use of spoil disposal areas under his jurisdiction by Federal li-

censes or permittees, and to make an appropriate charge for such

use. Moneys received from such licensees or permittees shall be de-

posited in the Treasury as miscellaneous receipts.

(d) Any certification provided under this section shall set forth

any effluent limitations and other limitations, and monitoring re-

quirements necessary to assure that any applicant for a Federal li-

cense or permit will comply with any applicable effluent limitations

and other limitations, under section 301 or 302 of this Act, stand-

ard of performance under section 306 of this Act, or prohibition, ef-

fluent standard, or pretreatment standard under section 307 of this

Act, and with any other appropriate requirement of State law set

forth in such certification, 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 DISCHARGE ELIMINATION SYSTEM

. 402. (a)(1) Except as provided in sections 318 and 404 of

this Act, the Administrator may, after 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 (B)

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.

November 27, 2002

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Sec. 402 FEDERAL WATER POLLUTION CONTROL ACT 188

(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, 1899, after the

date of enactment of this title. Each application for a permit under

section 13 of the Act of March 3, 1899, 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(h)(2) of this Act, or the date of

approval by the Administrator of a permit program for such State

under subsection (b) of this 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.

(b) At any time after the promulgation of the guidelines re-

quired by subsection (h)(2) of section 304 of this Act, the Governor

of each State desiring to administer its own permit program for

discharges into navigable waters within its jurisdiction may submit

to the 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—

November 27, 2002

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189 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402

(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

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;

(2)(A) To issue permits which apply, and insure compliance

with, all applicable requirements of section 308 of this Act, or

(B) To inspect, monitor, enter, and require reports to at least

the same extent as required in section 308 of this Act;

(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-

November 27, 2002

Q:\COMP\WATER2\CLEANWAT.004

Sec. 402 FEDERAL WATER POLLUTION CONTROL ACT 190

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.

(c)(1) 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(i)(2) 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(h)(2) 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) L

IMITATIONS 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 (n)(4) only if an entire phased component of the

permit program being administered by the State at the

time is returned or withdrawn.

(d)(1) Each State shall transmit to the Administrator a copy of

each permit application received by such State and provide notice

to the Administrator of every action related to the consideration of

such permit application, including each permit proposed to be

issued by such State.

(2) No permit shall issue (A) if the Administrator within ninety

days of the date of his notification under subsection (b)(5) of this

section objects in writing to the issuance of such permit, or (B) if

the Administrator within ninety days of the date of transmittal of

the proposed permit by the State objects in writing to the issuance

of such permit as being outside the guidelines and requirements of

this Act. Whenever the Administrator objects to the issuance of a

permit under this paragraph such written objection shall contain a

statement of the reasons for such objection and the effluent limita-

November 27, 2002

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191 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402

tions and conditions which such permit would include if it were

issued by the Administrator.

(3) The Administrator may, as to any permit application, waive

paragraph (2) of this subsection.

(4) In any case where, after the date of enactment of this para-

graph, the Administrator, pursuant to paragraph (2) of this sub-

section, objects to the issuance of a permit, on request of the State,

a public hearing shall be held by the Administrator on such objec-

tion. If the State does not resubmit 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 ob-

jection, the Administrator may issue the permit pursuant to sub-

section (a) of this section for such source in accordance with the

guidelines and requirements of this Act.

(e) In accordance with guidelines promulgated pursuant to sub-

section (h)(2) of section 304 of this Act, the Administrator is au-

thorized to waive the requirements of subsection (d) of this section

at the time he approves a program pursuant to subsection (b) of

this section for any category (including any class, type, or size

within such category) of point sources within the State submitting

such program.

(f) The Administrator shall promulgate regulations estab-

lishing categories of point sources which he determines shall not be

subject to the requirements of subsection (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 sizes within any category of point sources.

(g) Any permit issued under this section for the discharge of

pollutants into the navigable waters from a vessel or other floating

craft shall be subject to any applicable regulations promulgated by

the Secretary of the Department in which the Coast Guard is oper-

ating, establishing specifications for safe transportation, handling,

carriage, storage, and stowage of pollutants.

(h) In the event any condition of a permit for discharges from

a treatment works (as defined in section 212 of this Act) which is

publicly owned is violated, a State with a program approved under

subsection (b) of this section or the Administrator, where no State

program is approved or where the Administrator determines pursu-

ant to section 309(a) 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, except any standard im-

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Sec. 402 FEDERAL WATER POLLUTION CONTROL ACT 192

posed under section 307 for a toxic 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.

(l) L

IMITATION ON

ERMIT

EQUIREMENT

.—

(1) A

GRICULTURAL 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) S

TORMWATER RUNOFF FROM OIL

GAS

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 and conveying precipitation runoff and which are not

contaminated by contact with, or do not come into contact with,

any overburden, raw material, intermediate products, finished

product, byproduct, or waste products located on the site of

such operations.

(m) A

DDITIONAL

RETREATMENT OF

ONVENTIONAL

OLLUT

ANTS

EQUIRED

.—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(a)(4) of this Act into such treatment works other than

pretreatment required to assure compliance with pretreatment

standards under subsection (b)(8) of this section and section

307(b)(1) 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(b)(4) and 510 of

this Act, relieve such treatment works of its obligations to meet re-

quirements established under this Act, or otherwise preclude such

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193 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402

works from pursuing whatever feasible options are available to

meet its responsibility to comply with its permit under this section.

(n) P

ARTIAL

ERMIT

ROGRAM

.—

(1) S

TATE 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) M

INIMUM 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) A

PPROVAL 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) A

PPROVAL 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 5 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) A

NTI

-B

ACKSLIDING

.—

(1) G

ENERAL PROHIBITION

.—In the case of effluent limita-

tions established on the basis of subsection (a)(1)(B) 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(b)(1)(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) E

XCEPTIONS

.—A permit with respect to which para-

graph (1) applies may be renewed, reissued, or modified to con-

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Sec. 402 FEDERAL WATER POLLUTION CONTROL ACT 194

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;

(B)(i) 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 have

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

issuing the permit under subsection (a)(1)(B);

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.

(3) L

IMITATIONS

.—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 less 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) M

UNICIPAL AND

NDUSTRIAL

TORMWATER

ISCHARGES

.—

(1) G

ENERAL 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.

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195 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402

(2) E

XCEPTIONS

.—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.

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) P

ERMIT REQUIREMENTS

.—

(A) I

NDUSTRIAL DISCHARGES

.—Permits for discharges

associated with industrial activity shall meet all applicable

provisions of this section and section 301.

(B) M

UNICIPAL 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) P

ERMIT APPLICATION REQUIREMENTS

.—

(A) I

NDUSTRIAL AND LARGE MUNICIPAL DISCHARGES

.—

Not later than 2 years after the date of the enactment of

this subsection, the Administrator shall establish regula-

tions setting forth the permit application requirements for

stormwater discharges described in paragraphs (2)(B) and

(2)(C). 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) O

THER 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 (2)(D). Applications for

permits for such discharges shall be filed no later than 5

years after such date of enactment. Not later than 6 years

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Sec. 402 FEDERAL WATER POLLUTION CONTROL ACT 196

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) S

TUDIES

.—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

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) R

EGULATIONS

.—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.

(q) C

OMBINED

EWER

VERFLOWS

.—

(1) R

EQUIREMENT FOR PERMITS

ORDERS

AND DECREES

.—

Each permit, order, or decree issued pursuant to this Act after

the date of enactment of this subsection for a discharge from

a municipal combined storm and sanitary sewer shall conform

to the Combined Sewer Overflow Control Policy signed by the

Administrator on April 11, 1994 (in this subsection referred to

as the ‘‘CSO control policy’’).

(2) W

ATER QUALITY AND DESIGNATED USE REVIEW GUID

ANCE

.—Not later than July 31, 2001, and after providing notice

and opportunity for public comment, the Administrator shall

issue guidance to facilitate the conduct of water quality and

designated use reviews for municipal combined sewer overflow

receiving waters.

(3) R

EPORT

.—Not later than September 1, 2001, the Ad-

ministrator shall transmit to Congress a report on the progress

made by the Environmental Protection Agency, States, and

municipalities in implementing and enforcing the CSO control

policy.

(33 U.S.C. 1342)

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197 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404

OCEAN DISCHARGE CRITERIA

. 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.

(c)(1) The Administrator shall, within one hundred and eighty

days after enactment of this Act (and from time to time thereafter),

promulgate guidelines for determining the degradation of the 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;

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 U.S.C. 1343)

PERMITS FOR DREDGED OR FILL MATERIAL

. 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

based upon criteria comparable to the criteria applicable to the ter-

November 27, 2002

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Sec. 404 FEDERAL WATER POLLUTION CONTROL ACT 198

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.

(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.

(e)(1) 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 (b)(1) 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.

(f)(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;

or stock ponds or irrigation ditches, or the maintenance of

drainage ditches;

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199 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404

(D) for the purpose of construction of temporary sedi-

mentation basins on a construction site which does not include

placement of fill material into the navigable waters;

(E) for the purpose of construction or maintenance of farm

roads or forest roads, or temporary roads for moving mining

equipment, where such roads are constructed and maintained,

in accordance with best management practices, to assure that

flow and circulation patterns and chemical and biological char-

acteristics of the navigable waters are not impaired, that the

reach of the navigable waters is not reduced, and that any ad-

verse effect on the aquatic environment will be otherwise mini-

mized;

(F) resulting from any activity with respect to which a

State has an approved program under section 208(b)(4) which

meets the requirements of subparagraphs (B) and (C) of such

section,

is not prohibited by or otherwise subject to regulation under this

section or section 301(a) or 402 of this Act (except for effluent

standards or prohibitions under section 307).

(2) Any discharge of dredged or fill material into the navigable

waters incidental to any activity having as its purpose bringing an

area of the navigable waters into a use to which it was not pre-

viously subject, where the flow or circulation of navigable waters

may be impaired or the reach of such waters be reduced, shall be

required to have a permit under this section.

(g)(1) The Governor of any State desiring to administer its own

individual and general permit program for the discharge of dredged

or fill material into the navigable waters (other than those waters

which are presently used, or are susceptible to use in their natural

condition or by reasonable improvement as a means to transport

interstate or foreign commerce shoreward to their ordinary high

water mark, including all waters which are subject to the ebb and

flow of the tide shoreward to their mean high water mark, or mean

higher high water mark on the west coast, including wetlands adja-

cent thereto), within its jurisdiction may submit to the Adminis-

trator a full and complete description of the program it proposes to

establish and administer under State law or under an interstate

compact. In addition, such State shall submit a statement from the

attorney general (or the attorney for those State agencies which

have independent legal counsel), or from the chief legal officer in

the case of an interstate agency, that the laws of such State, or the

interstate compact, as the case may be, provide adequate authority

to carry out the described program.

(2) Not later than the tenth day after the date of the receipt

of the program, and statement submitted by any State under para-

graph (1) of this subsection, the Administrator shall provide copies

of such program and statement to the Secretary and the Secretary

of the Interior, acting through the Director of the United States

Fish and Wildlife Service.

(3) Not later than the ninetieth day after the date of the re-

ceipt by the Administrator of the program and statement submitted

by any State, under paragraph (1) of this subsection, the Secretary

and the Secretary of the Interior, acting through the Director of the

United States Fish and Wildlife Service, shall submit any com-

November 27, 2002

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Sec. 404 FEDERAL WATER POLLUTION CONTROL ACT 200

ments with respect to such program and statement to the Adminis-

trator in writing.

(h)(1) Not later than the one-hundred-twentieth day after the

date of the receipt by the Administrator of a program and state-

ment submitted by any State under paragraph (1) of this sub-

section, the Administrator shall determine, taking into account any

comments submitted by the Secretary and the Secretary of the In-

terior, acting through the Director of the United States Fish and

Wildlife Service, pursuant to subsection (g) of this section, whether

such State has the following authority with respect to the issuance

of permits pursuant to such program:

(A) To issue permits which—

(i) apply, and assure compliance with, any applicable

requirements of this section, including, but not limited to,

the guidelines established under subsection (b)(1) of this

section, and sections 307 and 403 of this Act;

(ii) are for fixed terms not exceeding five years; and

(iii) 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.

(B) To issue permits which apply, and assure compliance

with, all applicable requirements of section 308 of this Act, or

to inspect, monitor, enter, and requrie reports to at least the

same extent as required in section 308 of this Act.

ters 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.

(D) To assure that the Administrator receives notice of

each application (including a copy thereof) for a permit.

(E) To assure that any State (other than the permitting

State), whose waters may be affected by the issuance of a per-

mit may submit written recommendation to the permitting

State (and the Administrator) with respect to any permit appli-

cation and, if any part of such written recommendations are

not accepted by the permitting State, that the permitting State

will notify such affected State (and the Administrator) in writ-

ing of its failure to so accept such recommendations together

with its reasons for so doing.

(F) To assure that no permit will be issued if, in the judg-

ment of the Secretary, after consultation with the Secretary of

the department in which the Coast Guard is operating, anchor-

age and navigation of any of the navigable waters would be

substantially impaired thereby.

(G) To abate violations of the permit or the permit pro-

gram, including civil and criminal penalties and other ways

and means of enforcement.

(H) To assure continued coordination with Federal and

Federal-State water-related planning and review processes.

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201 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404

(2) If, with respect to a State program submitted under sub-

section (g)(1) 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;

(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 (g)(1)

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 (2)(A) 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 (h)(2)(A) of this section, in accordance with this section, in-

cluding, but not limited to, the guidelines established under sub-

section (b)(1) 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

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Sec. 404 FEDERAL WATER POLLUTION CONTROL ACT 202

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 (h)(1)(E), 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 (b)(1) of

this section unless it modifies such proposed permit in accordance

with such comments. Whenever the Administrator objects to the

issuance 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

issued 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 resubmit 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 (i)(2) 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

(h)(2)(A) of this section for any category (including any class, type,

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203 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404

or size within such category) of discharge within the State submit-

ting such program.

(l) 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 (h)(2)(A) 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

issued under this section, shall be deemed compliance, for purposes

of sections 309 and 505, 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 shall 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 (b)(1) 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-

November 27, 2002

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Sec. 404 FEDERAL WATER POLLUTION CONTROL ACT 204

tion of such project and prior to either authorization of such project

or an appropriation of funds for each construction.

(s)(1) 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, and 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 should be ‘‘action’’.

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205 FEDERAL WATER POLLUTION CONTROL ACT Sec. 405

DISPOSAL OF SEWAGE SLUDGE

. 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

issuance of permits for the disposal of sewage sludge subject to

subsection (a) of this section and section 402 of this Act. Such regu-

lations shall require the application to such disposal of each cri-

terion, factor, procedure, and requirement applicable to a permit

issued under section 402 of this title.

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) R

EGULATIONS

.—

(1) R

EGULATIONS

.—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);

fere with each such use or disposal.

The Administrator is authorized to revise any regulation

issued under this subsection.

(2) I

DENTIFICATION AND REGULATION OF TOXIC POLLUT

ANTS

.—

(A) O

N BASIS OF AVAILABLE INFORMATION

.—

(i) P

ROPOSED 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 (1)(A).

(ii) F

INAL REGULATIONS

.—Not later than August

31, 1987, and after opportunity for public hearing, the

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Sec. 405 FEDERAL WATER POLLUTION CONTROL ACT 206

Administrator shall promulgate the regulations re-

quired by subparagraph (A)(i).

(B) O

THERS

.—

(i) P

ROPOSED REGULATIONS

.—Not later than July

31, 1987, the Administrator shall identify those toxic

pollutants not identified under subparagraph (A)(i)

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 (1)(A).

(ii) F

INAL REGULATIONS

.—Not later than June 15,

1988, the Administrator shall promulate the regula-

tions required by subparagraph (B)(i).

EVIEW

.—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) M

INIMUM STANDARDS

;

COMPLIANCE DATE

.—The

management practices and numerical criteria established

under subparagraphs (A), (B), and (C) shall be adequate to

protect public health 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) A

LTERNATIVE 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) C

ONDITIONS 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.

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207 FEDERAL WATER POLLUTION CONTROL ACT Sec. 405

(5) L

IMITATION ON STATUTORY CONSTRUCTION

.—Nothing in

this section is intended to waive more stringent requirements

established by this Act or any other law.

(e) M

ANNER OF

LUDGE

ISPOSAL

.—The determination of the

manner of disposal or use of sludge is a local determination, except

that it shall be unlawful for any person to dispose of sludge from

a publicly owned treatment works or any other treatment works

treating domestic sewage for any use for which regulations have

been established pursuant to subsection (d) of this section, except

in accordance with such regulations.

(f) I

MPLEMENTATION OF

EGULATIONS

.—

(1) T

HROUGH SECTION 402 PERMITS

.—Any permit issued

under section 402 of this Act to a publicly owned treatment

works or any other treatment works treating domestic sewage

shall include requirements for the use and disposal of sludge

that implement the regulations established pursuant to sub-

section (d) of this section, unless such requirements have been

included in a permit issued under the appropriate provisions

of subtitle C of the Solid Waste Disposal Act, part C of the Safe

Drinking Water Act, the Marine Protection, Research, and

Sanctuaries Act of 1972, or the Clean Air Act, or under State

permit programs approved by the Administrator, where the

Administrator determines that such programs assure compli-

ance with any applicable requirements of this section. Not

later than December 15, 1986, the Administrator shall promul-

gate procedures for approval of State programs pursuant to

this paragraph.

(2) T

HROUGH 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 the other above listed per-

mit programs nor approved State permit authority apply, the

Administrator may issue a permit to such treatment works

solely to impose requirements for the use and disposal of

sludge that implement the regulations established pursuant to

subsection (d) of this section. The 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

issuing permits pursuant to this paragraph.

(g) S

TUDIES AND

ROJECTS

.—

(1) G

RANT PROGRAM

;

INFORMATION GATHERING

.—The Ad-

ministrator is authorized to conduct or initiate scientific stud-

ies, demonstration projects, and public information and edu-

cation projects which are designed to promote the safe and

beneficial management or use of sewage sludge for such pur-

poses as aiding the restoration of abandoned mine sites, condi-

tioning soil for parks and recreation areas, agricultural and

horticultural uses, and other beneficial purposes. For the pur-

poses of carrying out this subsection, the Administrator may

make grants to State water pollution control agencies, other

public or nonprofit agencies, institutions, organizations, and in-

dividuals. In cooperation with other Federal departments and

agencies, other public and private agencies, institutions, and

organizations, the Administrator is authorized to collect and

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Sec. 406 FEDERAL WATER POLLUTION CONTROL ACT 208

disseminate information pertaining to the safe and beneficial

use of sewage sludge.

(2) A

UTHORIZATION OF APPROPRIATIONS

.—For the purposes

of carrying out the scientific studies, demonstration projects,

and public information and education projects authorized in

this section, there is authorized to be appropriated for fiscal

years beginning after September 30, 1986, not to exceed

$5,000,000.

(33 U.S.C. 1345)

SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND

NOTIFICATION.

(a) M

ONITORING AND

OTIFICATION

.—

(1) I

N GENERAL

.—Not later than 18 months after the date

of the enactment of this section, after consultation and in co-

operation with appropriate Federal, State, tribal, and local offi-

cials (including local health officials), and after providing pub-

lic notice and an opportunity for comment, the Administrator

shall publish performance criteria for—

(A) monitoring and assessment (including specifying

available methods for monitoring) of coastal recreation wa-

ters adjacent to beaches or similar points of access that are

used by the public for attainment of applicable water qual-

ity standards for pathogens and pathogen indicators; and

(B) the prompt notification of the public, local govern-

ments, and the Administrator of any exceeding of or likeli-

hood of exceeding applicable water quality standards for

coastal recreation waters described in subparagraph (A).

(2) L

EVEL OF PROTECTION

.—The performance criteria re-

ferred to in paragraph (1) shall provide that the activities de-

scribed in subparagraphs (A) and (B) of that paragraph shall

be carried out as necessary for the protection of public health

and safety.

(b) P

ROGRAM

EVELOPMENT AND

MPLEMENTATION

RANTS

.—

(1) I

N GENERAL

.—The Administrator may make grants to

States and local governments to develop and implement pro-

grams for monitoring and notification for coastal recreation wa-

ters adjacent to beaches or similar points of access that are

used by the public.

(2) L

IMITATIONS

.—

(A) I

N GENERAL

.—The Administrator may award a

grant to a State or a local government to implement a

monitoring and notification program if—

(i) the program is consistent with the performance

criteria published by the Administrator under sub-

section (a);

(ii) the State or local government prioritizes the

use of grant funds for particular coastal recreation wa-

ters based on the use of the water and the risk to

human health presented by pathogens or pathogen in-

dicators;

(iii) the State or local government makes available

to the Administrator the factors used to prioritize the

use of funds under clause (ii);

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209 FEDERAL WATER POLLUTION CONTROL ACT Sec. 406

(iv) the State or local government provides a list

of discrete areas of coastal recreation waters that are

subject to the program for monitoring and notification

for which the grant is provided that specifies any

coastal recreation waters for which fiscal constraints

will prevent consistency with the performance criteria

under subsection (a); and

(v) the public is provided an opportunity to review

the program through a process that provides for public

notice and an opportunity for comment.

(B) G

RANTS TO LOCAL GOVERNMENTS

.—The Adminis-

trator may make a grant to a local government under this

subsection for implementation of a monitoring and notifi-

cation program only if, after the 1-year period beginning

on the date of publication of performance criteria under

subsection (a)(1), the Administrator determines that the

State is not implementing a program that meets the re-

quirements of this subsection, regardless of whether the

State has received a grant under this subsection.

(3) O

THER REQUIREMENTS

.—

(A) R

EPORT

.—A State recipient of a grant under this

subsection shall submit to the Administrator, in such for-

mat and at such intervals as the Administrator determines

to be appropriate, a report that describes—

(i) data collected as part of the program for moni-

toring and notification as described in subsection (c);

and

(ii) actions taken to notify the public when water

quality standards are exceeded.

(B) D

ELEGATION

.—A State recipient of a grant under

this subsection shall identify each local government to

which the State has delegated or intends to delegate re-

sponsibility for implementing a monitoring and notification

program consistent with the performance criteria pub-

lished under subsection (a) (including any coastal recre-

ation waters for which the authority to implement a moni-

toring and notification program would be subject to the

delegation).

(4) F

EDERAL SHARE

.—

(A) I

N GENERAL

.—The Administrator, through grants

awarded under this section, may pay up to 100 percent of

the costs of developing and implementing a program for

monitoring and notification under this subsection.

(B) N

FEDERAL SHARE

.—The non-Federal share of

the costs of developing and implementing a monitoring and

notification program may be—

(i) in an amount not to exceed 50 percent, as de-

termined by the Administrator in consultation with

State, tribal, and local government representatives;

and

(ii) provided in cash or in kind.

ONTENT OF

TATE AND

OCAL

OVERNMENT

ROGRAMS

.—

As a condition of receipt of a grant under subsection (b), a State

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Sec. 406 FEDERAL WATER POLLUTION CONTROL ACT 210

or local government program for monitoring and notification under

this section shall identify—

(1) lists of coastal recreation waters in the State, including

coastal recreation waters adjacent to beaches or similar points

of access that are used by the public;

(2) in the case of a State program for monitoring and noti-

fication, the process by which the State may delegate to local

governments responsibility for implementing the monitoring

and notification program;

(3) the frequency and location of monitoring and assess-

ment of coastal recreation waters based on—

(A) the periods of recreational use of the waters;

(B) the nature and extent of use during certain peri-

ods;

and nonpoint sources of pollution; and

(D) any effect of storm events on the waters;

(4)(A) the methods to be used for detecting levels of patho-

gens and pathogen indicators that are harmful to human

health; and

(B) the assessment procedures for identifying short-term

increases in pathogens and pathogen indicators that are harm-

ful to human health in coastal recreation waters (including in-

creases in relation to storm events);

(5) measures for prompt communication of the occurrence,

nature, location, pollutants involved, and extent of any exceed-

ing of, or likelihood of exceeding, applicable water quality

standards for pathogens and pathogen indicators to—

(A) the Administrator, in such form as the Adminis-

trator determines to be appropriate; and

(B) a designated official of a local government having

jurisdiction over land adjoining the coastal recreation wa-

ters for which the failure to meet applicable standards is

identified;

(6) measures for the posting of signs at beaches or similar

points of access, or functionally equivalent communication

measures that are sufficient to give notice to the public that

the coastal recreation waters are not meeting or are not ex-

pected to meet applicable water quality standards for patho-

gens and pathogen indicators; and

(7) measures that inform the public of the potential risks

associated with water contact activities in the coastal recre-

ation waters that do not meet applicable water quality stand-

ards.

(d) F

EDERAL

GENCY

ROGRAMS

.—Not later than 3 years after

the date of the enactment of this section, each Federal agency that

has jurisdiction over coastal recreation waters adjacent to beaches

or similar points of access that are used by the public shall develop

and implement, through a process that provides for public notice

and an opportunity for comment, a monitoring and notification pro-

gram for the coastal recreation waters that—

(1) protects the public health and safety;

(2) is consistent with the performance criteria published

under subsection (a);

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211 FEDERAL WATER POLLUTION CONTROL ACT Sec. 406

(3) includes a completed report on the information speci-

fied in subsection (b)(3)(A), to be submitted to the Adminis-

trator; and

(4) addresses the matters specified in subsection (c) .

(e) D

ATABASE

.—The Administrator shall establish, maintain,

and make available to the public by electronic and other means a

national coastal recreation water pollution occurrence database

that provides—

(1) the data reported to the Administrator under sub-

sections (b)(3)(A)(i) and (d)(3); and

(2) other information concerning pathogens and pathogen

indicators in coastal recreation waters that—

(A) is made available to the Administrator by a State

or local government, from a coastal water quality moni-

toring program of the State or local government; and

(B) the Administrator determines should be included.

(f ) T

ECHNICAL

SSISTANCE FOR

ONITORING

LOATABLE

ATE

RIAL

.—The Administrator shall provide technical assistance to

States and local governments for the development of assessment

and monitoring procedures for floatable material to protect public

health and safety in coastal recreation waters.

(g) L

IST OF

ATERS

.—

(1) I

N GENERAL

.—Beginning not later than 18 months after

the date of publication of performance criteria under subsection

(a), based on information made available to the Administrator,

the Administrator shall identify, and maintain a list of, dis-

crete coastal recreation waters adjacent to beaches or similar

points of access that are used by the public that—

(A) specifies any waters described in this paragraph

that are subject to a monitoring and notification program

consistent with the performance criteria established under

subsection (a); and

(B) specifies any waters described in this paragraph

for which there is no monitoring and notification program

(including waters for which fiscal constraints will prevent

the State or the Administrator from performing monitoring

and notification consistent with the performance criteria

established under subsection (a)).

(2) A

VAILABILITY

.—The Administrator shall make the list

described in paragraph (1) available to the public through—

(A) publication in the Federal Register; and

(B) electronic media.

(3) U

PDATES

.—The Administrator shall update the list de-

scribed in paragraph (1) periodically as new information be-

comes available.

(h) EPA I

MPLEMENTATION

.—In the case of a State that has no

program for monitoring and notification that is consistent with the

performance criteria published under subsection (a) after the last

day of the 3-year period beginning on the date on which the Ad-

ministrator lists waters in the State under subsection (g)(1)(B), the

Administrator shall conduct a monitoring and notification program

for the listed waters based on a priority ranking established by the

Administrator using funds appropriated for grants under sub-

section (i)—

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Sec. 501 FEDERAL WATER POLLUTION CONTROL ACT 212

(1) to conduct monitoring and notification; and

(2) for related salaries, expenses, and travel.

(i) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized to

be appropriated for making grants under subsection (b), including

implementation of monitoring and notification programs by the Ad-

ministrator under subsection (h), $30,000,000 for each of fiscal

years 2001 through 2005.

(33 U.S.C. 1346)

TITLE V—GENERAL PROVISIONS

ADMINISTRATION

. 501. (a) The Administrator is authorized to prescribe such

regulations as are necessary to carry out his functions under this

Act.

(b) The Administrator, with the consent of the head of any

other agency of the United States, may utilize such officers and

employees of such agency as may be found necessary to assist in

carrying out the purposes of this Act.

keep such records as the Administrator shall prescribe, including

records which fully disclose the amount and disposition by such re-

cipient of the proceeds of such assistance, the total cost of the

project or undertaking in connection with which such assistance is

given or used, and the amount of that portion of the cost of the

project or undertaking supplied by other sources, and such other

records as will facilitate an effective audit.

(d) The Administrator and the Comptroller General of the

United States, or any of their duly authorized representatives,

shall have access, for the purpose of audit and examination, to any

books, documents, papers, and records of the recipients that are

pertinent to the grants received under this Act. For the purpose of

carrying out audits and examinations with respect to recipients of

Federal assistance under this Act, the Administrator is authorized

to enter into noncompetitive procurement contracts with inde-

pendent State audit organizations, consistent with chapter 75 of

title 31, United States Code. Such contracts may only be entered

into to the extent and in such amounts as may be provided in ad-

vance in appropriation Acts.

(e)(1) It is the purpose of this subsection to authorize a pro-

gram which will provide official recognition by the United States

Government to those industrial organizations and political subdivi-

sions of States which during the preceding year demonstrated an

outstanding technological achievement or an innovative process,

method, or device in their waste treatment and pollution abate-

ment programs. The Administrator shall, in consultation with the

appropriate State water pollution control agencies, establish regu-

lations under which such recognition may be applied for and grant-

ed, except that no applicant shall be eligible for an award under

this subsection if such applicant is not in total compliance with all

applicable water quality requirements under this Act, or otherwise

does not have a satisfactory record with respect to environmental

quality.

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213 FEDERAL WATER POLLUTION CONTROL ACT Sec. 502

(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 be notified of the

award by the Administrator and the awarding of such recognition

shall be published in the Federal Register.

(f) 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

. 502. 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

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Sec. 502 FEDERAL WATER POLLUTION CONTROL ACT 214

that such injection or disposal will not result in the degradation of

ground or surface water resources.

(7) The term ‘‘navigable waters’’ means the waters of the

United States, including the territorial seas.

(8) The term ‘‘territorial seas’’ 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

after 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 and the physical, chemical, and biological

characteristics of the effluent, and (B) at appropriate frequencies

and locations.

(16) The term ‘‘discharge’’ when used without qualification 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

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215 FEDERAL WATER POLLUTION CONTROL ACT Sec. 503

operations leading to compliance with an effluent limitation, other

limitation, prohibition, or standard.

(18) The term ‘‘industrial user’’ means those industries identi-

fied in the Standard Industrial Classification Manual, Bureau of

the Budget, 1967, as amended and supplemented, under the cat-

egory ‘‘Division D—Manufacturing’’ and such other classes of sig-

nificant waste producers as, by regulation, the Administrator

deems appropriate.

(19) The term ‘‘pollution’’ means the man-made or man-induced

alteration of the chemical, physical, biological, and radiological in-

tegrity of water.

(20) The term ‘‘medical waste’’ means isolation wastes; infec-

tious agents; human blood and blood products; pathological wastes;

sharps; body parts; contaminated bedding; surgical wastes and po-

tentially contaminated laboratory wastes; dialysis wastes; and such

additional medical items as the Administrator shall prescribe by

regulation.

(21) C

OASTAL RECREATION WATERS

.—

(A) I

N GENERAL

.—The term ‘‘coastal recreation waters’’

means—

(i) the Great Lakes; and

(ii) marine coastal waters (including coastal estu-

aries) that are designated under section 303(c) by a

State for use for swimming, bathing, surfing, or simi-

lar water contact activities.

(B) E

XCLUSIONS

.—The term ‘‘coastal recreation wa-

ters’’ does not include—

(i) inland waters; or

(ii) waters upstream of the mouth of a river or

stream having an unimpaired natural connection with

the open sea.

(22) F

LOATABLE MATERIAL

.—

(A) I

N GENERAL

.—The term ‘‘floatable material’’ means

any foreign matter that may float or remain suspended in

the water column.

(B) I

NCLUSIONS

.—The term ‘‘floatable material’’

includes—

(i) plastic;

(ii) aluminum cans;

(iii) wood products;

(iv) bottles; and

(v) paper products.

(23) P

ATHOGEN INDICATOR

.—The term ‘‘pathogen indicator’’

means a substance that indicates the potential for human in-

fectious disease.

(33 U.S.C. 1362)

WATER POLLUTION CONTROL ADVISORY BOARD

. 503. (a)(1) There is hereby established in the Environ-

mental Protection Agency a Water Pollution Control Advisory

Board, composed of the Administrator or his designee, who shall be

Chairman, and nine members appointed by the President, none of

whom shall be Federal officers or employees. The appointed mem-

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Sec. 504 FEDERAL WATER POLLUTION CONTROL ACT 216

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, organizations, or groups demonstrating an

active interest in the field of pollution prevention and control, as

well as other individuals who are expert in this field.

(2)(A) Each member appointed by the President shall hold of-

fice for a term of three years, except that (i) any member appointed

to fill a vacancy occurring prior to the expiration of the term for

which his predecessor was appointed shall be appointed for the re-

mainder of such term, and (ii) the terms of office of the members

first taking office after June 30, 1956, shall expire as follows: three

at the end of one year after such date, three at the end of two years

after such date, and three at the end of three years after such date,

as designated by the President at the time of appointment, and (iii)

the term of any member under the preceding provisions shall be

extended until the date on which his successor’s appointment is ef-

fective. None of the members appointed by the President shall be

eligible for reappointment within one year after the end of his pre-

ceding term.

(B) The members of the Board who are not officers or employ-

ees of the United States, while attending conferences or meetings

of the Board or while otherwise serving at the request of the Ad-

ministrator, shall be entitled to receive compensation at a rate to

be fixed by the Administrator, but not exceeding $100 per diem, in-

cluding traveltime, and while away from their homes or regular

places of business they may be allowed travel expenses, including

per diem in lieu of subsistence, as authorized by law (5 U.S.C. 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.

to discharge the duties of the Board shall be provided from the per-

sonnel of the Environmental Protection Agency.

(33 U.S.C. 1363)

EMERGENCY POWERS

. 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 or contributing to the alleged pollution

to stop the discharge of pollutants causing or contributing to such

pollution or to take such other action as may be necessary.

[Subsection (b) repealed by §304(a) of P.L. 96–510, Dec. 11,

1980, 94 Stat. 2809]

(33 U.S.C. 1364)

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217 FEDERAL WATER POLLUTION CONTROL ACT Sec. 505

CITIZEN SUITS

. 505. (a) Except as provided in subsection (b) of this sec-

tion and section 309(g)(6), any citizen may commence a civil action

on his own behalf—

(1) against any person (including (i) 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 under this Act or (B) an order issued by the

Administrator or a State with respect to such a standard or

limitation, or

(2) against the Administrator where there is alleged a fail-

ure of the Administrator to perform any act or duty under this

Act which is not discretionary with the Administrator.

The district courts shall have jurisdiction, without regard to the

amount in controversy or the citizenship of the parties, to enforce

such an effluent standard or limitation, or such an order, or to

order the Administrator to perform such act or duty, as the case

may be, and to apply any appropriate civil penalties under section

309(d) of this Act.

(b) No action may be commenced—

(1) under subsection (a)(1) of this section—

(A) prior to sixty days after the plaintiff has given no-

tice of the alleged violation (i) to the Administrator, (ii) to

the State in which the alleged violation occurs, and (iii) to

any alleged violator of the standard, limitation, or order,

(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 (a)(2) 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.

(c)(1) Any action respecting a violation by a discharge source

of an effluent standard or limitation or an order respecting such

standard or limitation may be brought under this section only in

the judicial district in 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) P

ROTECTION OF 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 45 days following the receipt of

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Sec. 506 FEDERAL WATER POLLUTION CONTROL ACT 218

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).

(f) 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,.

(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

. 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)

So in law. See P.L. 100–4, sec. 406(d)(2), 101 Stat. 73.

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219 FEDERAL WATER POLLUTION CONTROL ACT Sec. 507

EMPLOYEE PROTECTION

. 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 Secretary

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

he finds that such violation did occur, he shall issue a decision, in-

corporating an order therein and his findings, requiring the party

committing such violation to take such affirmative action to abate

the violation as the Secretary of Labor deems appropriate, includ-

ing, but not limited to, the rehiring or reinstatement of the em-

ployee or representative of employees to his former position with

compensation. If he finds that there was no such violation, he shall

issue an order denying the application. Such order issued by the

Secretary of Labor under this subparagraph shall be subject to ju-

dicial review in the same manner as orders and decisions of the

Administrator are subject to judicial review under this Act.

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 person committing such violation.

(d) This section shall have no application to any employee who,

acting without direction from his employer (or his agent) delib-

erately violates any prohibition of effluent limitation or other limi-

tation under section 301 or 302 of this Act, standards of perform-

ance under section 306 of this Act, effluent standard, prohibition or

pretreatment standard under section 307 of this Act, or any other

prohibition or limitation established under this Act.

(e) The Administrator shall conduct continuing evaluations of

potential loss or shifts of employment which may result from the

issuance of any effluent limitation or order under this Act, includ-

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Sec. 508 FEDERAL WATER POLLUTION CONTROL ACT 220

ing, where appropriate, investigating threatened plant closures or

reductions in employment allegedly resulting from such limitation

or order. Any employee who is discharged or laid off, threatened

with discharge or lay-off, or otherwise discriminated against by any

person because of the alleged results of any effluent limitation or

order issued under this Act, or any representative of such em-

ployee, may request the Administrator to conduct a full investiga-

tion of the matter. The Administrator shall thereupon investigate

the matter and, at the request of any party, shall hold public hear-

ings on not less than five days notice, and shall at such hearings

require the parties, including the employer involved, to present in-

formation relating to the actual or potential effect of such limita-

tion or order on employment and on any alleged discharge, lay-off,

or other discrimination and the detailed reasons or justification

therefor. Any such hearing shall be of record and shall be subject

to section 554 of title 5 of the United States Code. Upon receiving

the report of such investigation, the Administrator shall make 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

and shall make such recommendations as he deems appropriate.

Such report, findings, and recommendations shall be available to

the public. Nothing in this subsection shall be construed to require

or authorize the Administrator to modify or withdraw any effluent

limitation or order issued under this Act.

(33 U.S.C. 1367)

FEDERAL PROCUREMENT

. 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.

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 (1) requiring each

Federal agency authorized to enter into contracts and each Federal

agency which is empowered to extend Federal assistance by way of

grant, loan, or contract to effectuate 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

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221 FEDERAL WATER POLLUTION CONTROL ACT Sec. 509

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.

(f)(1) 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 PROCEDURE AND JUDICIAL REVIEW

. 509. (a)(1) 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 showing 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 information or

particular portion thereof confidential in accordance with the pur-

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 under 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 district courts of the United States are authorized,

upon application by the Administrator, to issue subpenas for at-

tendance and testimony of witnesses and the production of relevant

papers, 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 in paragraph (1) of this subsection.

(b)(1) Review of the Administrator’s action (A) in promulgating

any standard of performance under section 306, (B) in making any

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Sec. 510 FEDERAL WATER POLLUTION CONTROL ACT 222

determination pursuant to section 306(b)(1)(C), (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 under section 402(b), (E) in approving or pro-

mulgating any effluent limitation or other limitation under sections

301, 302, 306, or 405, (F) in issuing or denying any permit under

section 402, and (G) in promulgating any individual control strat-

egy under section 304(l), 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 such application shall be made within 120 days from

the date of such determination, approval, promulgation, issuance or

denial, or after such date only if such application is based solely

on grounds which arose after such 120th day.

(2) Action of the Administrator with respect to which review

could have been obtained under paragraph (1) of this subsection

shall not be subject to judicial review in any civil or criminal pro-

ceeding for enforcement.

(3) A

WARD OF FEES

.—In any judicial proceeding under this

subsection, the court may award costs of litigation (including

reasonable attorney and expert witness fees) to any prevailing

or substantially prevailing party whenever it determines that

such award is appropriate.

this section in which review is sought of a determination under this

Act required to be made on the record after notice and opportunity

for hearing, if any party applies to the court for leave to adduce

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 pro-

ceeding before the Administrator, the court may order such addi-

tional 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

. 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,

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223 FEDERAL WATER POLLUTION CONTROL ACT Sec. 511

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. 1370)

OTHER AFFECTED AUTHORITY

. 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 Rivers 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 navi-

gation and anchorage.

(c)(1) 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

issuance of a permit under section 402 of this Act for the discharge

of any pollutant by a new source as defined in section 306 of this

Act, no action of the Administrator taken pursuant to this Act shall

be deemed a major Federal action significantly affecting the quality

of the human environment within the meaning of the National En-

vironmental Policy Act of 1969 (83 Stat. 852); and

(2) Nothing in the National Environmental Policy Act of 1969

(83 Stat. 852) shall be deemed to—

(A) authorize any Federal agency authorized 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 certification under section

401 of ths Act; or

(B) authorize any such agency to impose, as a condition

precedent to the issuance of any license or permit, any effluent

limitation other than any such limitation established pursuant

to this Act.

(d) Notwithstanding this Act or any other provisions of law, the

Administrator (1) shall not require any State to consider in the de-

velopment of the ranking in order of priority of needs for the con-

struction of treatment works (as defined in title II of this Act), any

water pollution control agreement which may have been entered

into between the United States and any other nation, and (2) shall

November 27, 2002

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Sec. 512 FEDERAL WATER POLLUTION CONTROL ACT 224

not consider any such agreement in the approval of any such pri-

ority ranking.

(33 U.S.C. 1371)

SEPARABILITY

. 512. If any provision of this Act, or the application of any

provision of this Act to any person or circumstance, is held invalid,

the application of such provision to other persons or circumstances,

and the remainder of this Act shall not be affected thereby.

(33 U.S.C. 1251 note)

LABOR STANDARDS

. 513. The Administrator shall take such action as may be

necessary to insure that all laborers and mechanics employed by

contractors or subcontractors on treatment works for which grants

are made under this Act shall be paid wages at rates not less than

those prevailing for the same type of work on similar construction

in the immediate locality, as determied by the Secretry of Labor,

in accordance with the Act of March 3, 1931, as amended, known

as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., sec. 276a through

276a–5). The Secretary of Labor shall have, with respect to the

labor standards specified in this subsection, the authority and func-

tions set forth in Reorganization Plan Numbered 14 of 1950 (15

F.R. 3176) and section 2 of the Act of June 13, 1934, as amended

(48 Stat. 948; 40 U.S.C. 276c).

(33 U.S.C. 1372)

PUBLIC HEALTH AGENCY COORDINATION

. 514. The permitting agency under section 402 shall assist

the applicant for a permit under such section in coordinating the

requirements of this Act with those of the appropriate public health

agencies.

(33 U.S.C. 1373)

EFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY

COMMITTEE

. 515. (a)(1) 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 after 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.

(b)(1) 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

November 27, 2002

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225 FEDERAL WATER POLLUTION CONTROL ACT Sec. 516

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 after receipt of such notice may publish a

notice of a public hearing by the Committee, to be held within thir-

ty days.

(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

with other comments and information in making any final deter-

minations.

(4) In preparing information for transmittal, the Committee

shall avail itself 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.

(c)(1) 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 nec-

essary to exercise and fulfill its powers and responsibilities. The

compensation of all employees appointed by the Committee shall be

fixed in accordance with chapter 51 and subchapter III of chapter

53 of title V of the United States Code.

(2) Members of the Committee shall be entitled to receive com-

pensation at a rate to be fixed by the President but not in excess

of the maximum rate of pay grade for GS–18, as provided in the

General Schedule under section 5332 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

. 516. The Administrator, in cooperation with the States,

including water pollution control agencies and other water pollu-

tion control planning agencies, shall make (1) a detailed estimate

of the cost of carrying out the provisions of this Act; (2) a detailed

estimate, 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; (3) a comprehensive study of the economic im-

pact on affected units of government of the cost of installation of

treatment facilities; and (4) a comprehensive analysis of the na-

tional requirements for and the cost of treating municipal, indus-

November 27, 2002

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Sec. 517 FEDERAL WATER POLLUTION CONTROL ACT 226

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.

(33 U.S.C. 1375)

GENERAL AUTHORIZATION

. 517. There are authorized to be appropriated to carry out

this Act, other than sections 104, 105, 106(a), 107, 108, 112, 113,

114, 115, 206, 207, 208 (f) and (h), 209, 304, 311 (c), (d), (i), (l), 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. INDIAN TRIBES.

(a) P

OLICY

.—Nothing in this section shall be construed to affect

the application of section 101(g) 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 treated as

States for purposes of such section 101(g).

(b) A

SSESSMENT OF

EWAGE

REATMENT

EEDS

; R

EPORT

.—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.

ESERVATION OF

UNDS

.—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 reserved under

this subsection shall be available only for grants for the develoment

of waste treatment management plans and for the construction of

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227 FEDERAL WATER POLLUTION CONTROL ACT Sec. 518

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) C

OOPERATIVE

GREEMENTS

.—In order to ensure the con-

sistent 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 re-

view and approval of the Administrator, to jointly plan and admin-

ister the requirements of this Act.

(e) T

REATMENT AS

TATES

.—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, 404, and 406 of

this Act to the degree necessary to carry out the objectives of this

section, 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 Indians, 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 functions

to be exercised in a manner consistent with the terms and pur-

poses of this Act and of all applicable regulations.

Such treatment as 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 con-

sistent with the objective of this Act.

(f) G

RANTS FOR

ONPOINT

OURCE

ROGRAMS

.—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

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Sec. 519 FEDERAL WATER POLLUTION CONTROL ACT 228

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) A

LASKA

ATIVE

RGANIZATIONS

.—No provision of this Act

shall be 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 1151 of title 18, United States Code, exists

or does not exist in Alaska.

(h) D

EFINITIONS

.—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

(2) ‘‘Indian tribe’’ means any Indian tribe, band, group, or

community recognized by the Secretary of the Interior and ex-

ercising governmental authority over a Federal Indian reserva-

tion.

(33 U.S.C. 1377)

SHORT TITLE

. 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. 1251 note)

TITLE VI—STATE WATER POLLUTION CONTROL

REVOLVING FUNDS

SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING

FUNDS.

(a) G

ENERAL

UTHORITY

.—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) S

CHEDULE OF

RANT

AYMENTS

.—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

Probably should be subsection (e).

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229 FEDERAL WATER POLLUTION CONTROL ACT Sec. 602

grant to be made to the State under this title. Such schedule shall

be based on the State’s intended use plan under section 606(c) 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. 1381)

SEC. 602. CAPITALIZATION GRANT AGREEMENTS.

(a) G

ENERAL

ULE

.—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) S

PECIFIC

EQUIREMENTS

.—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-

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 205(m)

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 1 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(c)(1) 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 201(b), 201(g)(1),

November 27, 2002

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Sec. 603 FEDERAL WATER POLLUTION CONTROL ACT 230

201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(1), 201(o),

204(a)(1), 204(a)(2), 204(b)(1), 204(d)(2), 211, 218, 511(c)(1), 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) of this Act.

(33 U.S.C. 1382)

SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

(a) R

EQUIREMENTS FOR

BLIGATION OF

RANT

UNDS

.—Before

a State may receive a capitalization grant with funds made avail-

able under this title and section 205(m) of this Act, the State shall

first establish a water pollution control revolving fund which com-

plies with the requirements of this section.

(b) A

DMINISTRATOR

.—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.

ROJECTS

LIGIBLE FOR

SSISTANCE

.—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, intermunicipal, 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.

See section 104B of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.

1414G) for additional amounts that are to be deposited into a State’s fund and treatment of such

deposits.

Section 1006 of the Ocean Dumping Ban Act of 1988 (P.L. 100–688) is as follows:

SEC. 1066. USE OF STATE WATER POLLUTION CONTROL REVOLVING FUND

GRANTS FOR DEVELOPING ALTERNATIVE SYSTEMS.

(a) G

ENERAL

EQUIREMENT

.—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 State 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

November 27, 2002

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231 FEDERAL WATER POLLUTION CONTROL ACT Sec. 603

(d) T

YPES OF

SSISTANCE

.—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;

source of revenue for repayment of loans; and

(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 intermunicipal 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 intermunicipal agencies;

(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) L

IMITATION

REVENT

OUBLE

ENEFITS

.—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 201(g) of this Act for con-

struction of such treatment works and an allowance under section

201(l)(1) 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.

and providing other assistance as described in section 603(d) of the Federal Water Pollution

Control Act to any governmental entity in such State which has entered into a compliance

agreement or enforcement agreement under section 104B 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) L

IMITATION

.—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 applications

for such assistance from persons eligible for such assistance, the 10 percent limitations set forth

in subsection (a) shall not be applicable with respect to such grant payment and associated State

contribution.

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Sec. 604 FEDERAL WATER POLLUTION CONTROL ACT 232

(f) C

ONSISTENCY

ITH

LANNING

EQUIREMENTS

.—A State

may provide financial assistance from its water pollution control

revolving fund only with respect to a project which is consistent

with plans, if any, developed under sections 205(j), 208, 303(e), 319,

and 320 of this Act.

(g) P

RIORITY

IST

EQUIREMENT

.—The State may provide fi-

nancial assistance from its water pollution control revolving fund

only with respect to a project for construction of a treatment works

described in subsection (c)(1) if such project is on the State’s pri-

ority list under section 216 of this Act. Such assistance may be pro-

vided regardless of the rank of such project on such list.

(h) E

LIGIBILITY OF

-F

EDERAL

HARE OF

ONSTRUCTION

RANT

ROJECTS

.—A State water pollution control revolving fund

may provide assistance (other than under subsection (d)(1) of this

section) to a municipality or intermunicipal 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)

SEC. 604. ALLOTMENT OF FUNDS.

(a) F

ORMULA

.—Sums authorized to be appropriated to carry

out this section for each of fiscal years 1989 and 1990 shall be al-

lotted by the Administrator in accordance with section 205(c) of

this Act.

(b) R

ESERVATION OF

UNDS FOR

LANNING

.—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) of this Act.

LLOTMENT

ERIOD

.—

(1) P

ERIOD 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) R

EALLOTMENT 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) N

OTIFICATION OF

ONCOMPLIANCE

.—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.

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Q:\COMP\WATER2\CLEANWAT.006

233 FEDERAL WATER POLLUTION CONTROL ACT Sec. 606

(b) W

ITHHOLDING OF

AYMENTS

.—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.

EALLOTMENT OF

ITHHELD

AYMENTS

.—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. 1385)

SEC. 606. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE

PLAN.

(a) F

ISCAL

ONTROL AND

UDITING

ROCEDURES

.—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.

(b) A

NNUAL

EDERAL

UDITS

.—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 75 of title 31, United

States Code.

NTENDED

LAN

.—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; and

(5) the criteria and method established for the distribution

of funds.

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Sec. 607 FEDERAL WATER POLLUTION CONTROL ACT 234

(d) A

NNUAL

EPORT

.—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) A

NNUAL

EDERAL

VERSIGHT

EVIEW

.—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.

(f) A

PPLICABILITY OF

ITLE

II P

ROVISIONS

.—Except to the ex-

tent provided in this title, the provisions of title II shall not apply

to grants under this title.

(33 U.S.C. 1386)

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) $1,200,000,000 for fiscal year 1993; and

(5) $600,000,000 for fiscal year 1994.

(33 U.S.C. 1387)

November 27, 2002