Summary of the Clean Water Act

FREE ESTIMATES

Jacksonville       Duval County                 904-346-1266
St Augustine      St Johns County             904-824-7144
Orange Park       Clay County                   904-264-6444
Jacksonville Beaches    Duval County      904-246-3969
Fernandina          Nassau County               904-277-3040
Macclenny          Baker County                 904-259-5091
Palm Coast         Flagler County                386-439-5290
Daytona              Volusia County               386-253-4911

GAINESVILLE    ALACHUA COUNTY       352-335-8555
Serving all of Florida  and Georgia    at     904-346-1266

EMAIL LARRY@1STPROP.COM (feel free to email your bidding packages here)

Summary of the Clean Water Act

33 U.S.C. §1251 et seq. (1972)

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. “Clean Water Act” became the Act’s common name with amendments in 1977.

Under the CWA, EPA has implemented pollution control programs such as setting wastewater standards for industry. We have also set water quality standards for all contaminants in surface waters.

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA’s National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters.

See also:

• PDF of CWA, from U.S. Senate (234 pp, 571K, About PDF)
• CWA History
• The EPA Watershed Academy’s Introduction to the Clean Water Act.

Back to the “Laws that EPA Administers” page.

Office of Regulatory Policy and Management | Office of Policy, Economics, and Innovation | Laws and Regulations Home

40 CFR : Protection of the Environment

Office of Regulatory Policy and Management | Office of Policy, Economics, and Innovation | Laws and Regulations Home

FEDERAL WATER POLLUTION CONTROL ACT
[As Amended Through P.L. 107–303, November 27, 2002]
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
3
FEDERAL WATER POLLUTION CONTROL ACT
(33 U.S.C. 1251 et seq.)
AN ACT To provide for water pollution control activities in the Public Health Service
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
SEC. 101. (a) The objective of this Act is to restore and maintain
the chemical, physical, and biological integrity of the Nation’s
waters. In order to achieve this objective it is hereby declared that,
consistent with the provisions of this Act—
(1) it is the national goal that the discharge of pollutants
into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim
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 pollutants
in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance
be provided to construct publicly owned waste treatment
works;
(5) it is the national policy that areawide treatment management
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 demonstration
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 exercise
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
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 102 FEDERAL WATER POLLUTION CONTROL ACT 4
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 connection
with the prevention, reduction, and elimination of pollution.
(c) It is further the policy of Congress that the President, acting
through the Secretary of State and such national and international
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 regarding
the elimination of discharge of pollutants and the improvement
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 Administrator
of the Environmental Protection Agency (hereinafter in
this Act called ‘‘Administrator’’) shall administer this Act.
(e) Public participation in the development, revision, and enforcement
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 Administrator
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 possible
the procedures utilized for implementing this Act shall encourage
the drastic minimization of paperwork and interagency decision
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 construed
to supersede or abrogate rights to quantities of water which
have been established by any State. Federal agencies shall co-operate
with State and local agencies to develop comprehensive solutions
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
SEC. 102. (a) The Administrator shall, after careful investigation,
and in cooperation with other Federal agencies, State water
pollution control agencies, interstate agencies, and the municipalities
and industries involved, prepare or develop comprehensive programs
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-
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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, consideration
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, Bureau
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 determining
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 Administrator
shall recommend its inclusion and such reservoir storage
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 basins
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 Amendments
of 1972, if such agency provides for adequate representation
of appropriate State, interstate, local, or (when appropriate) international
interests in the basin or portion thereof involved and is capable
of developing an effective, comprehensive water quality control
plan for a basin or portion thereof.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 103 FEDERAL WATER POLLUTION CONTROL ACT 6
(2) Each planning agency receiving a grant under this subsection
shall develop a comprehensive pollution control plan for the
basin or portion thereof which—
(A) is consistent with any applicable water quality standards,
effluent and other limitations, and thermal discharge regulations
established pursuant to current law within the basin;
(B) recommends such treatment works as will provide the
most effective and economical means of collection, storage,
treatment, and elimination of pollutants and recommends
means to encourage both municipal and industrial use of such
works;
(C) recommends maintenance and improvement of water
quality within the basin or portion thereof and recommends
methods of adequately financing those facilities as may be necessary
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’’ includes,
but is not limited to, rivers and their tributaries, streams,
coastal waters, sounds, estuaries, bays, lakes, and portions thereof,
as well as the lands drained thereby.
(d) øRepealed by section 2021(a) of Public Law 104–66 (109
Stat. 726).¿
(33 U.S.C. 1252)
INTERSTATE COOPERATION AND UNIFORM LAWS
SEC. 103. (a) The Administrator shall encourage cooperative
activities by the States for the prevention, reduction, and elimination
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 between
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) cooperative
effort and mutual assistance for the prevention and control of
pollution and the enforcement of their respective laws relating
thereto, and (2) the establishment of such agencies, joint or otherwise,
as they may deem desirable for making effective such agreements
and compacts. No such agreement or compact shall be binding
or obligatory upon any State a party thereto unless and until
it has been approved by the Congress.
(33 U.S.C. 1253)
RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION
SEC. 104. (a) The Administrator shall establish national programs
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-
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
7 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104
tion of, research, investigations, experiments, training, demonstrations,
surveys, and studies relating to the causes, effects,
extent, prevention, reduction, and elimination of pollution;
(2) encourage, cooperate with, and render technical services
to pollution control agencies and other appropriate public
or private agencies, institutions, and organizations, and individuals,
including the general public, in the conduct of activities
referred to in paragraph (1) of this subsection;
(3) conduct, in cooperation with State water pollution control
agencies and other interested agencies, organizations and
persons, public investigations concerning the pollution of any
navigable waters, and report on the results of such investigations;
(4) establish advisory committees composed of recognized
experts in various aspects of pollution and representatives of
the public to assist in the examination and evaluation of research
progress and proposals and to avoid duplication of research;
(5) in cooperation with the States, and their political subdivisions,
and other Federal agencies establish, equip, and
maintain a water quality surveillance system for the purpose
of monitoring the quality of the navigable waters and ground
waters and the contiguous zone and the oceans and the Administrator
shall, to the extent practicable, conduct such surveillance
by utilizing the resources of the National Aeronautics
and Space Administration, the National Oceanic and Atmospheric
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 section
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 referred
to in paragraph (1) of subsection (a);
(2) cooperate with other Federal departments and agencies,
State water pollution control agencies, interstate agencies,
other public and private agencies, institutions, organizations,
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
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 104 FEDERAL WATER POLLUTION CONTROL ACT 8
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 organizations;
(6) collect and disseminate, in cooperation with other Federal
departments and agencies, and with other public or private
agencies, institutions, and organizations having related
responsibilities, basic data on chemical, physical, and biological
effects of varying water quality and other information pertaining
to pollution and the prevention, reduction, and elimination
thereof; and
(7) develop effective and practical processes, methods, and
prototype devices for the prevention, reduction, and elimination
of pollution.
(c) In carrying out the provisions of subsection (a) of this section
the Administrator shall conduct research on, and survey the
results of other scientific studies on, the harmful effects on the
health or welfare of persons caused by pollutants. In order to avoid
duplication of effort, the Administrator shall, to the extent practicable,
conduct such research in cooperation with and through the
facilities of the Secretary of Health, Education, and Welfare.
(d) In carrying out the provisions of this section the Administrator
shall develop and demonstrate under varied conditions (including
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 section
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 research,
investigations, experiments, field demonstrations and studies,
and training relating to the prevention, reduction and elimination
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 Administrator
shall construct the facilities authorized for the National
Marine Water Quality Laboratory established under this subsection.
(f) The Administrator shall conduct research and technical development
work, and make studies, with respect to the quality of
the waters of the Great Lakes, including an analysis of the present
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002

9 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104
and projected future water quality of the Great Lakes under varying
conditions of waste treatment and disposal, an evaluation of
the water quality needs of those to be served by such waters, an
evaluation of municipal, industrial, and vessel waste treatment and
disposal practices with respect to such waters, and a study of alternate
means of solving pollution problems (including additional
waste treatment measures) with respect to such waters.
(g)(1) For the purpose of providing an adequate supply of
trained personnel to operate and maintain existing and future
treatment works and related activities, and for the purpose of enhancing
substantially the proficiency of those engaged in such activities,
the Administrator shall finance pilot programs, in cooperation
with State and interstate agencies, municipalities, educational
institutions, and other 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 implementation
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 supply
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 Administrator
is authorized to—
(A) make grants to public or private agencies and institutions
and to individuals for training projects, and provide for
the conduct of training by contract with public or private agencies
and institutions and with individuals without regard to
sections 3648 and 3709 of the Revised Statutes;
(B) establish and maintain research fellowships in the Environmental
Protection Agency with such stipends and allowances,
including traveling and subsistence expenses, as he may
deem necessary to procure the assistance of the most promising
research fellows; and
(C) provide, in addition to the program established under
paragraph (1) of this subsection, training in technical matters
relating to the causes, prevention, reduction, and elimination
of pollution for personnel of public agencies and other persons
with suitable qualifications.
(4) The Administrator shall submit, through the President, a
report to the Congress not later than December 31, 1973, summarizing
the actions taken under this subsection and the effectiveness
of such actions, and setting forth the number of persons trained,
the occupational categories for which training was provided, the effectiveness
of other Federal, State, and local training programs in
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 104 FEDERAL WATER POLLUTION CONTROL ACT 10
this field, together with estimates of future needs, recommendations
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 organizations
and individuals for (A) the purpose of developing and demonstrating
new or improved methods for the prevention, removal,
reduction, and elimination of pollution in lakes, including the undesirable
effects of nutrients and vegetation, and (B) the construction
of publicly owned research facilities for such purpose.
(i) The Administrator, in cooperation with the Secretary of the
department in which the Coast Guard is operating, shall—
(1) engage in such research, studies, experiments, and
demonstrations as he deems appropriate, relative to the removal
of oil from any waters and to the prevention, control,
and elimination of oil and hazardous substances pollution;
(2) publish from time to time the results of such activities;
and
(3) from time to time, develop and publish in the Federal
Register specifications and other technical information on the
various chemical compounds used in the control of oil and hazardous
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 receive,
retain, treat, or discharge human body wastes and the
wastes from toilets and other receptacles intended to receive or retain
body wastes with particular emphasis on equipment to be installed
on small recreational vessels. The Secretary of the department
in which the Coast Guard is operating shall report to Congress
the results of such research, studies, experiments, and demonstrations
prior to the effective date of any regulations established
under section 312 of this Act. In 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 development
of field laboratories and reseach facilities, the Administrator
may acquire land and interests therein by purchase, with appropriated
or donated funds, by donation, or by exchange for acquired
or public lands under his jurisdiction which he classifies as
suitable for disposition. The values of the properties so exchanged
either shall be approximately equal, or if they are not approximately
equal, the values shall be equalized by the payment of cash
to the grantor or to the Administrator as the circumstances require.
(l)(1) The Administrator shall, after consultation with appropriate
local, State, and Federal agencies, public and private organi-
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 methods
to control the release of pesticides into the environment which
study shall include examination of the persistency of pesticides in
the water environment and alternative thereto. The President shall
submit reports, from time to time, on such investigations to Congress
together with his recommendations for any necessary legislation.
(m)(1) The Administrator shall, in an effort to prevent degradation
of the environment from the disposal of waste oil, conduct a
study of (A) the generation of used engine, machine, cooling, and
similar waste oil, including quantities generated, the nature and
quality of such oil, present collecting methods and disposal practices,
and alternate uses of such oil; (B) the long-term, chronic biological
effects of the disposal of such waste oil; and (C) the potential
market for such oils, including the economic and legal factors
relating to the sale of products made from such oils, the level of
subsidy, if any, needed to encourage the purchase by public and
private nonprofit agencies of products from such oil, and the practicability
of Federal procurement, on a priority basis, of products
made from such oil. In conducting such study, the Administrator
shall consult with affected industries and other persons.
(2) The Administrator shall report the preliminary results of
such study to Congress within six months after the date of enactment
of the Federal Water Pollution Control Act Amendments of
1972, and shall submit a final report to Congress within 18 months
after such date of enactment.
(n)(1) The Administrator shall, in cooperation with the Secretary
of the Army, the Secretary of Agriculture, the Water Resources
Council, and with other appropriate Federal, State, interstate,
or local public bodies and private organizations, institutions,
and individuals, conduct and promote, encourage contributions to,
continuing comprehensive studies of the effects of pollution, including
sedimentation, in the estuaries and estuarine zones of the
United States on fish and wildlife, on sport and commercial fishing,
on recreation, on water supply and water power, and on other beneficial
purposes. Such studies shall also consider the effect of demographic
trends, the exploitation of mineral resources and fossil
fuels, land and industrial development, navigation, flood and erosion
control, and other uses of estuaries and estuarine zones upon
the pollution of the waters therein.
(2) In conducting such studies, the Administrator shall assemble,
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
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 104 FEDERAL WATER POLLUTION CONTROL ACT 12
representative estuaries and estuarine zones; and identify the problems
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 having
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 investigations
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 develop
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, systems,
policies, or other methods of reducing water consumption and
reducing the total flow of sewage. Such report shall include an estimate
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 section
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 program
of research and investigation and pilot project implementation
into new and improved methods of preventing, reducing, storing,
collecting, treating, or otherwise eliminating pollution from
sewage in rural and other areas where collection of sewage in conventional,
community-wide sewage collection systems is impractical,
uneconomical, or otherwise infeasible, or where soil conditions
or other factors preclude the use of septic tank and drainage field
systems.
(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-
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
13 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104
age and other liquid wastes combined with the treatment and disposal
of solid wastes.
(3) The Administrator shall establish, either within the Environmental
Protection Agency, or through contract with an appropriate
public or private non-profit organization, a national clearinghouse
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 subsection
(e)(2) of section 105; (B) coordinate and disseminate such
reports and information for use by Federal and State agencies, municipalities,
institutions, and persons in developing new and improved
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) SMALL 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 understanding
of the ecological characteristics necessary to the maintenance
of the chemical, physical, and biological integrity of freshwater
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 relationship
between river uses and land uses, and the effects of development
within river basins on river systems and on the value of
water resources and water related activities. No such grant in any
fiscal year shall exceed $1,000,000.
(t) The Administrator shall, in cooperation with State and Federal
agencies and public and private organizations, conduct continuing
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 latest
available technology, economic feasibility including cost-effectiveness
analysis, and (2) the total impact on the environment, considering
not only water quality but also air quality, land use, and
effective utilization and conservation of fresh water and other natural
resources. Such studies shall consider methods of minimizing
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 104 FEDERAL WATER POLLUTION CONTROL ACT 14
adverse effects and maximizing beneficial effects of thermal discharges.
The results of these studies shall be reported by the Administrator
as soon as practicable, but not later than 270 days
after enactment of this subsection, and shall be made available to
the public and the States, and considered as they become available
by the Administrator in carrying out section 316 of this Act and by
the 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 ending
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 necessary
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 subsections
(g)(1) and (2), (p), (r), and (t), except that such authorizations
are not for any research, development, or demonstration activity
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 provisions
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 provisions
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 subsection
(t).
(v) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL
RECREATION WATERS.—Not later than 18 months after the date of
the enactment of this subsection, after consultation and in cooperation
with appropriate Federal, State, tribal, and local officials (including
local health officials), the Administrator shall initiate, and,
not later than 3 years after the date of the enactment of this subsection,
shall complete, in cooperation with the heads of other Federal
agencies, studies to provide additional information for use in
developing—
(1) an assessment of potential human health risks resulting
from exposure to pathogens in coastal recreation waters,
including nongastrointestinal effects;
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
15 FEDERAL WATER POLLUTION CONTROL ACT Sec. 105
(2) appropriate and effective indicators for improving detection
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 pathogens
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
SEC. 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 temporary
use of new or improved chemical additives which provide
substantial immediate improvement to existing treatment
processes), or new or improved methods of joint treatment systems
for municipal and industrial wastes;
and 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 enhancement
techniques to control pollution from all sources, within
such basins or portions thereof, including nonpoint sources, together
with in stream water quality improvement techniques.
(c) In order to carry out the purposes of section 301 of this Act,
the Administrator is authorized to (1) conduct in the Environmental
Protection Agency, (2) make grants to persons, and (3)
enter into contracts with persons, for research and demonstration
projects for prevention of pollution of any waters by industry including,
but not limited to, the prevention, reduction, and elimination
of the discharge of pollutants. No grant shall be made for
any project under this subsection unless the Administrator determines
that such project will develop or demonstrate a new or improved
method of treating industrial wastes or otherwise prevent
pollution by industry, which method shall have industrywide application.
(d) In carrying out the provisions of this section, the Administrator
shall conduct, on a priority basis, an accelerated effort to develop,
refine, and achieve practical application of:
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 accumulated
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 consultation
with the Secretary of Agriculture, grants to persons for research
and demonstration projects with respect to new and improved
methods of preventing, reducing, and eliminating pollution
from agriculture, and (B) disseminate, in cooperation with the Secretary
of Agriculture, such information obtained under this subsection,
section 104(p), and section 304 as will encourage and enable
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 demonstration
projects with respect to new and improved methods of preventing,
reducing, storing, collecting, treating, or otherwise eliminating
pollution from sewage in rural and other areas where collection
of sewage in conventional, community-wide sewage collection
systems is impractical, uneconomical, or otherwise infeasible, or
where soil conditions or other factors preclude the use of septic
tank and drainage field systems, and (B) in cooperation with other
interested Federal and State agencies, to disseminate such information
obtained under this subsection as will encourage and enable
the adoption of new and improved methods developed pursuant
to this subsection.
(f) Federal grants under subsection (a) of this section shall be
subject to the following limitations:
(1) No grant shall be made for any project unless such
project shall have been approved by the appropriate State
water pollution control agency or agencies and by the Administrator;
(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 Administrator
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 appropriated
$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
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 municipality
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 subsection
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
SEC. 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 fiscal
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 administering
programs for the prevention, reduction, and elimination
of pollution, including enforcement directly or through appropriate
State law enforcement officers or agencies.
(b) From the sums appropriated in any fiscal year, the Administrator
shall make allotments to the several States and interstate
agencies in accordance with regulations promulgated by him on the
basis of the extent of the pollution problem in the respective States.
(c) The Administrator is authorized to pay to each State and
interstate agency each fiscal year either—
(1) the allotment of such State or agency for such fiscal
year under subsection (b), or
(2) the reasonable costs as determined by the Administrator
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
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 provided
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 monitoring;
and provision for annually updating such data and including
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 Administrator
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 Administrator’s
approval of its program for the prevention, reduction,
and elimination of pollution in accordance with purposes
and provisions of this Act in such form and content as the Administrator
may prescribe.
(g) Any sums allotted under subsection (b) in any fiscal year
which are not paid shall be reallotted by the Administrator in accordance
with regulations promulgated by him.
(33 U.S.C. 1256)
MINE WATER POLLUTION CONTROL DEMONSTRATIONS
SEC. 107. (a) The Administrator in cooperation with the Appalachian
Regional Commission and other Federal agencies is authorized
to conduct, to make grants for, or to contract for, projects to
demonstrate comprehensive approaches to the elimination or control
of acid or other mine water pollution resulting from active or
abandoned mining operations and other environmental pollution affecting
water quality within all or part of a watershed or river
basin, including siltation from surface mining. Such projects shall
demonstrate the engineering and economic feasibility and practicality
of various abatement techniques which will contribute substantially
to effective and practical methods of acid or other mine
water pollution elimination or control, and other pollution affecting
water quality, including techniques that demonstrate the engineer-
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 pollution
affecting water quality from acid, sedimentation, or other pollutants
and in such projects to restore affected lands to usefulness
for forestry, agriculture, recreation, or 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 demonstration
project is consistent with the objectives of the Appalachian
Regional Development Act of 1965, as amended.
(c) The Administrator, in selecting watersheds for the purposes
of this section, shall be satisfied that the project area will not be
affected adversely by the influx of acid or other mine water pollution
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 therein
necessary for such project; and
(2) that the State shall provide legal and practical protection
to the project area to insure against any activities which
will cause future acid or other mine water pollution.
(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
SEC. 108. (a) The Administrator, in cooperation with other Federal
departments, agencies, and instrumentalities is authorized to
enter into agreements with any State, political subdivision, interstate
agency, or other public agency, or combination thereof, to
carry out one or more projects to 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 methods
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.
(c) There is authorized to be appropriated $20,000,000 to carry
out the provisions of subsections (a) and (b) of this section, which
sum shall be available until expended.
(d)(1) In recognition of the serious conditions which exist in
Lake Erie, the Secretary of the Army, acting through the Chief of
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 environmental
repair of Lake Erie. Prior to the initiation of detailed engineering
and design, the program, along with the specific recommendations
of the Chief of Engineers and recommendations for
its financing, shall be submitted to the Congress for statutory approval.
This authority is in addition to, and not in lieu of, other
waste water studies aimed at eliminating pollution emanating from
select sources around Lake Erie.
(2) This program is to be developed in cooperation with the Environmental
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 advanced
waste treatment technology and land disposal systems including
aerated treatment-spray irrigation technology and will also
include provisions for the disposal of solid wastes, including sludge.
Such program should include measures to control point sources of
pollution, area sources of pollution, including acid-mine drainage,
urban runoff and rural runoff, and in place sources of pollution, including
bottom loads, sludge banks, and polluted harbor dredgings.
(e) There is authorized to be appropriated $5,000,000 to carry
out the provisions of subsection (d) of this section, which sum shall
be available until expended.
(33 U.S.C. 1258)
TRAINING GRANTS AND CONTRACTS
SEC. 109. (a) The Administrator is authorized to make grants
to or contracts with institutions of higher education, or combinations
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 treatment
works, and other facilities whose purpose is water quality
control. Such grants or contracts may include payment of all or
part of the cost of programs or projects such as—
(A) planning for the development or expansion of programs
or projects for training persons in the operation and maintenance
of treatment works;
(B) training and retraining of faculty members;
(C) conduct of short-term or regular session institutes for
study by persons engaged in, or preparing to engage in, the
preparation of students preparing to enter an occupation involving
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 fulltime
or part-time employment involving the operation and
maintenance of treatment works; and
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 materials
and the planning of curriculum.
(b)(1) The Administrator may pay 100 per centum of any additional
cost of construction of treatment works required for a facility
to train and upgrade waste treatment works operation and maintenance
personnel and for the costs of other State treatment works
operator training programs, including mobile training units, classroom
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 consultation
with and approval by the State or States on the basis of (A)
the suitability of such facility for training operation and maintenance
personnel for treatment works throughout such State or
States; and (B) a commitment by the State agency or agencies to
carry out at such facility a program of training approved by the Administrator.
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 exceed
$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
SEC. 110. (1) A grant or contract authorized by section 109 may
be made only upon application to the Administrator at such time
or times and containing such information as he may prescribe, except
that no such application shall be approved unless it—
(A) sets forth programs, activities, research, or development
for which a grant is authorized under section 109 and describes
the relation to any program set forth by the applicant
in an application, if any, submitted pursuant to section 111;
(B) provides such fiscal control and fund accounting procedures
as may be necessary to assure proper disbursement of
and accounting for Federal funds paid to the applicant under
this section; and
(C) provides for making such reports, in such form and
containing such information, as the Administrator may require
to carry out his functions under this section, and for keeping
such records and for affording such access thereto as the Administrator
may find necessary to assure the correctness and
verification of such reports.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 equitable
distribution of the grants or contracts throughout the United
States among institutions of higher education which show promise
of being able to use funds effectively for the purpose of this section.
(3)(A) 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 connection
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 encouraged,
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
SEC. 111. (1) The Administrator is authorized to award scholarships
in accordance with the provisions of this section for undergraduate
study by persons who plan to enter an occupation involving
the operation and maintenance of treatment works. Such scholarships
shall be awarded for such periods as the 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 approved
under the provisions of this section for the use of individuals
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 institution
of higher education for the purposes of this section only upon
application by the institution and only upon his finding—
(A) that such program has as a principal objective the education
and training of persons in the operation and maintenance
of treatment works;
(B) that such program is in effect and of high quality, or
can be readily put into effect and may reasonably be expected
to be of high quality;
(C) that the application describes the relation of such program
to any program, activity, research, or development set
forth by the applicant in an application, if any, submitted pursuant
to section 110 of this Act; and
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 satisfaction
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 scholarships
under this section such stipends (including such allowances
for subsistence and other expenses for such persons and their dependents)
as he may determine to be consistent with prevailing
practices under comparable federally supported programs.
(B) The Administrator shall (in addition to the stipends paid
to persons under paragraph (1)) pay to the institution of higher
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 section
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 person
awarded a scholarship under this section shall agree in writing
to enter and remain in an occupation involving the design, operation,
or maintenance of treatment works for such period after
completion of his course of studies as the Administrator determines
appropriate.
(33 U.S.C. 1261)
DEFINITIONS AND AUTHORIZATIONS
SEC. 112. (a) As used in sections 109 through 112 of this Act—
(1) The term ‘‘institution of higher education’’ means an
educational institution described in the first sentence of section
101 of the Higher Education Act of 1965 (other than an institution
of any agency of the United States) which is accredited by
a nationally recognized accrediting agency or association approved
by the Administrator for this purpose. For purposes of
this subsection, the Administrator shall publish a list of nationally
recognized accrediting agencies or associations which
he determines to be reliable authority as to the quality of
training offered.
(2) The term ‘‘academic year’’ means an academic year or
its equivalent, as determined by the Administrator.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 recommendations
for needed revisions in the provisions thereof.
(c) There are authorized to be appropriated $25,000,000 per fiscal
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
SEC. 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 facilities
and programs relating to health and hygiene. Such demonstration
projects shall be for the further purpose of developing
preliminary plans for providing such safe water and such elimination
or control of pollution for all native villages in such State.
(b) In carrying out this section the Administrator shall cooperate
with the Secretary of Health, Education, and Welfare for the
purpose of utilizing such of the personnel and facilities of that Department
as may be appropriate.
(c) The Administrator shall report to Congress not later than
July 1, 1973, the results of the demonstration projects authorized
by this section together with his recommendations, including and
necessary legislation, relating to the establishment of a statewide
program.
(d) There is authorized to be appropriated not to exceed
$2,000,000 to carry out this section. In addition, there is authorized
to be appropriated to carry out this section not to exceed $200,000
for the fiscal year ending September 30, 1978, and $220,000 for the
fiscal year ending September 30, 1979.
(e) The Administrator is authorized to coordinate with the Secretary
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 departments
or agencies he may deem appropriate to conduct a joint
study with representatives of the State of Alaska and the appropriate
Native organizations (as defined in Public Law 92–203) to
develop a comprehensive program for achieving adequate sanitation
services in Alaska villages. This study shall be coordinated
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 Representatives
not later than December 31, 1979. The Administrator shall
also submit recommended administrative actions, procedures, and
any proposed legislation necessary to implement the recommendations
of the study no later than June 30, 1980.
(f) The Administrator is authorized to provide technical, financial
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 implemented.
(g) For the purpose of this section, the term ‘‘village’’ shall
mean an incorporated or unincorporated community with a population
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 maintain
generally accepted standards of personal hygiene and public
health.
(33 U.S.C. 1263)
LAKE TAHOE STUDY
SEC. 114. (a) The Administrator, in consultation with the
Tahoe Regional Planning Agency, the Secretary of Agriculture,
other Federal agencies, representatives of State and local governments,
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 interrelationships
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 arrangements
between these various governments, and making specific
legislative recommendations to Congress. Such study shall
consider the effect of various actions in terms of their environmental
impact on the Tahoe Basin, treated as an ecosystem.
(c) The Administrator shall report on such study to Congress
not later than one year after the date of enactment of this subsection.
(d) There is authorized to be appropriated to carry out this section
not to exceed $500,000.
(33 U.S.C. 1264)
IN-PLACE TOXIC POLLUTANTS
SEC. 115. The Administrator is directed to identify the location
of in-place pollutants with emphasis on toxic pollutants in harbors
and navigable waterways and is authorized, acting through the
Secretary of the Army, to make contracts for the removal and appropriate
disposal of such materials from critical port and harbor
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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
SEC. 116. (a) The Administrator is authorized to enter into contracts
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 landfills
of toxic substances and of ascertaining the improvement of the
rate of recovery of a toxic contaminated national waterway. No pollutants
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 substance
response and clean up fund. Any funds used under the authority
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) DEFINITIONS.—In this section, the following definitions
apply:
(1) ADMINISTRATIVE COST.—The term ‘‘administrative cost’’
means the cost of salaries and fringe benefits incurred in administering
a grant under this section.
(2) CHESAPEAKE BAY AGREEMENT.—The term ‘‘Chesapeake
Bay Agreement’’ means the formal, voluntary agreements executed
to achieve the goal of restoring and protecting the Chesapeake
Bay ecosystem and the living resources of the Chesapeake
Bay ecosystem and signed by the Chesapeake Executive
Council.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
27 FEDERAL WATER POLLUTION CONTROL ACT Sec. 117
(3) CHESAPEAKE BAY ECOSYSTEM.—The term ‘‘Chesapeake
Bay ecosystem’’ means the ecosystem of the Chesapeake Bay
and its watershed.
(4) CHESAPEAKE BAY PROGRAM.—The term ‘‘Chesapeake
Bay Program’’ means the program directed by the Chesapeake
Executive Council in accordance with the Chesapeake Bay
Agreement.
(5) CHESAPEAKE EXECUTIVE COUNCIL.—The term ‘‘Chesapeake
Executive Council’’ means the signatories to the Chesapeake
Bay Agreement.
(6) SIGNATORY JURISDICTION.—The term ‘‘signatory jurisdiction’’
means a jurisdiction of a signatory to the Chesapeake
Bay Agreement.
(b) CONTINUATION OF CHESAPEAKE BAY PROGRAM.—
(1) IN GENERAL.—In cooperation with the Chesapeake Executive
Council (and as a member of the Council), the Administrator
shall continue the Chesapeake Bay Program.
(2) PROGRAM OFFICE.—
(A) IN GENERAL.—The Administrator shall maintain in
the Environmental Protection Agency a Chesapeake Bay
Program Office.
(B) FUNCTION.—The Chesapeake Bay Program Office
shall provide support to the Chesapeake Executive Council
by—
(i) implementing and coordinating science, research,
modeling, support services, monitoring, data
collection, and other activities that support the Chesapeake
Bay Program;
(ii) developing and making available, through publications,
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 responsibilities
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 resources
in the Chesapeake Bay ecosystem; and
(II) obtain the support of the appropriate officials
of the agencies and authorities in achieving
the objectives of the Chesapeake Bay Agreement;
and
(v) implementing outreach programs for public information,
education, and participation to foster stewardship
of the resources of the Chesapeake Bay.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 117 FEDERAL WATER POLLUTION CONTROL ACT 28
(c) INTERAGENCY AGREEMENTS.—The Administrator may enter
into an interagency agreement with a Federal agency to carry out
this section.
(d) TECHNICAL ASSISTANCE AND ASSISTANCE GRANTS.—
(1) IN GENERAL.—In cooperation with the Chesapeake Executive
Council, the Administrator may provide technical assistance,
and assistance grants, to nonprofit organizations,
State and local governments, colleges, universities, and interstate
agencies to carry out this section, subject to such terms
and conditions as the Administrator considers appropriate.
(2) FEDERAL SHARE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Federal share of an assistance grant provided
under paragraph (1) shall be determined by the Administrator
in accordance with guidance issued by the Administrator.
(B) SMALL WATERSHED GRANTS PROGRAM.—The Federal
share of an assistance grant provided under paragraph
(1) to carry out an implementing activity under subsection
(g)(2) shall not exceed 75 percent of eligible project
costs, as determined by the Administrator.
(3) NON-FEDERAL SHARE.—An assistance grant under paragraph
(1) shall be provided on the condition that non-Federal
sources provide the remainder of eligible project costs, as determined
by the Administrator.
(4) ADMINISTRATIVE COSTS.—Administrative costs shall not
exceed 10 percent of the annual grant award.
(e) IMPLEMENTATION AND MONITORING GRANTS.—
(1) IN 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 executive
of the jurisdiction, the Administrator—
(A) shall make a grant to the jurisdiction for the purpose
of implementing the management mechanisms established
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) PROPOSALS.—
(A) IN 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 comprehensive
proposal to implement management mechanisms
established under the Chesapeake Bay Agreement.
(B) CONTENTS.—A proposal under subparagraph (A)
shall include—
(i) a description of proposed management mechanisms
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 established
goals and objectives under the Chesapeake Bay
Agreement; and
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
29 FEDERAL WATER POLLUTION CONTROL ACT Sec. 117
(ii) the estimated cost of the actions proposed to
be taken during the fiscal year.
(3) APPROVAL.—If the Administrator finds that the proposal
is consistent with the Chesapeake Bay Agreement and
the national goals established under section 101(a), the Administrator
may approve the proposal for an award.
(4) FEDERAL SHARE.—The Federal share of a grant under
this subsection shall not exceed 50 percent of the cost of implementing
the management mechanisms during the fiscal year.
(5) NON-FEDERAL SHARE.—A grant under this subsection
shall be made on the condition that non-Federal sources provide
the remainder of the costs of implementing the management
mechanisms during the fiscal year.
(6) ADMINISTRATIVE COSTS.—Administrative costs shall not
exceed 10 percent of the annual grant award.
(7) REPORTING.—On or before October 1 of each fiscal year,
the Administrator shall make available to the public a document
that lists and describes, in the greatest practicable degree
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
(C) the net benefits of projects funded for previous fiscal
years.
(f) FEDERAL FACILITIES AND BUDGET COORDINATION.—
(1) SUBWATERSHED PLANNING AND RESTORATION.—A Federal
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 restoration
programs.
(2) COMPLIANCE WITH AGREEMENT.—The head of each Federal
agency that owns or occupies real property in the Chesapeake
Bay watershed shall ensure that the property, and actions
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) BUDGET COORDINATION.—
(A) IN GENERAL.—As part of the annual budget submission
of each Federal agency with projects or grants related
to restoration, planning, monitoring, or scientific investigation
of the Chesapeake Bay ecosystem, the head of
the agency shall submit to the President a report that describes
plans for the expenditure of the funds under this
section.
(B) DISCLOSURE TO THE COUNCIL.—The head of each
agency referred to in subparagraph (A) shall disclose the
report under that subparagraph with the Chesapeake Executive
Council as appropriate.
(g) CHESAPEAKE BAY PROGRAM.—
(1) MANAGEMENT STRATEGIES.—The Administrator, in coordination
with other members of the Chesapeake Executive
Council, shall ensure that management plans are developed
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 Agreement
for the quantity of nitrogen and phosphorus entering
the Chesapeake Bay and its watershed;
(B) the water quality requirements necessary to restore
living resources in the Chesapeake Bay ecosystem;
(C) the Chesapeake Bay Basinwide Toxins Reduction
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 ecosystem
or on human health;
(D) habitat restoration, protection, creation, and enhancement
goals established by Chesapeake Bay Agreement
signatories for wetlands, riparian forests, and other
types of habitat associated with the Chesapeake Bay ecosystem;
and
(E) the restoration, protection, creation, and enhancement
goals established by the Chesapeake Bay Agreement
signatories for living resources associated with the Chesapeake
Bay ecosystem.
(2) SMALL WATERSHED GRANTS PROGRAM.—The Administrator,
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 organizations
and individuals in the Chesapeake Bay region
to implement—
(i) cooperative tributary basin strategies that address
the water quality and living resource needs in
the Chesapeake Bay ecosystem; and
(ii) locally based protection and restoration programs
or projects within a watershed that complement
the tributary basin strategies, including the creation,
restoration, protection, or enhancement of habitat associated
with the Chesapeake Bay ecosystem.
(h) STUDY OF CHESAPEAKE BAY PROGRAM.—
(1) IN 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 submit
to Congress a comprehensive report on the results of the
study.
(2) REQUIREMENTS.—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;
(C) assess the effectiveness of management strategies
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 management
of the Chesapeake Bay Program either by strength-
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
31 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
ening strategies being implemented on the date of enactment
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) SPECIAL STUDY OF LIVING RESOURCE RESPONSE.—
(1) IN 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 understanding
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 Chesapeake
Bay Program.
(2) REQUIREMENTS.—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 recovery
of the living resources in response to improved
water quality condition;
(C) evaluate and assess interactions of species, with
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) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $40,000,000 for each of fiscal
years 2001 through 2005. Such sums shall remain available
until expended.
(33 U.S.C. 1267)
SEC. 118. GREAT LAKES.
(a) FINDINGS, PURPOSE, AND DEFINITIONS.—
(1) FINDINGS.—The Congress finds that—
(A) the Great Lakes are a valuable national resource,
continuously serving the people of the United States and
other nations as an important source of food, fresh water,
recreation, beauty, and enjoyment;
(B) the United States should seek to attain the goals
embodied in the Great Lakes Water Quality Agreement of
1978, as amended by the Water Quality Agreement of
1987 and any other agreements and amendments, with
particular emphasis on goals related to toxic pollutants;
and
(C) the Environmental Protection Agency should take
the lead in the effort to meet those goals, working with
other Federal agencies and State and local authorities.
(2) PURPOSE.—It is the purpose of this section to achieve
the goals embodied in the Great Lakes Water Quality Agreement
of 1978, as amended by the Water Quality Agreement of
1987 and any other agreements and amendments, through im-
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 implementation
of such agreement.
(3) DEFINITIONS.—For purposes of this section, the term—
(A) ‘‘Agency’’ means the Environmental Protection
Agency;
(B) ‘‘Great Lakes’’ means Lake Ontario, Lake Erie,
Lake Huron (including Lake St. Clair), Lake Michigan,
and Lake Superior, and the connecting channels (Saint
Mary’s River, Saint Clair River, Detroit River, Niagara
River, and Saint Lawrence River to the Canadian Border);
(C) ‘‘Great Lakes System’’ means all the streams, rivers,
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 impaired
and which has been officially designated as such
under Annex 2 of the Great Lakes Water Quality Agreement;
(G) ‘‘Great Lakes States’’ means the States of Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania,
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 document
which embodies a systematic and comprehensive
ecosystem approach to restoring and protecting the beneficial
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 ecosystem
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) GREAT LAKES NATIONAL PROGRAM OFFICE.—The Great
Lakes National Program Office (previously established by the Administrator)
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 Program
Office shall be located in a Great Lakes State.
(c) GREAT LAKES MANAGEMENT.—
(1) FUNCTIONS.—The Program Office shall—
(A) in cooperation with appropriate Federal, State,
tribal, and international agencies, and in accordance with
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
33 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
1 See P.L. 100–688, section 1008.
section 101(e) of this Act, develop and implement specific
action plans to carry out the responsibilities of the United
States under the Great Lakes Water Quality Agreement of
1978, as amended by the Water Quality Agreement of
1987 and any other agreements and amendments,;1
(B) establish a Great Lakes system-wide surveillance
network to monitor the water quality of the Great Lakes,
with specific emphasis on the monitoring of toxic pollutants;
(C) serve as the liaison with, and provide information
to, the Canadian members of the International Joint Commission
and the Canadian counterpart to the Agency;
(D) coordinate actions of the Agency (including actions
by headquarters and regional offices thereof) aimed at improving
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 support
of those agencies and authorities in achieving the objectives
of such agreement.
(2) GREAT LAKES WATER QUALITY GUIDANCE.—
(A) By June 30, 1991, the Administrator, after consultation
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 numerical
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 implementation
procedures for the Great Lakes System.
(B) By June 30, 1992, the Administrator, in consultation
with the Program Office, shall publish in the Federal
Register, pursuant to this section and the Administrator’s
authority under this chapter, final water quality guidance
for the Great Lakes System.
(C) Within two years after such Great Lakes guidance
is published, the Great Lakes States shall adopt water
quality standards, antidegradation policies, and implementation
procedures for waters within the Great Lakes System
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 reviewing
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 section.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 118 FEDERAL WATER POLLUTION CONTROL ACT 34
(3) REMEDIAL ACTION PLANS.—
(A) For each area of concern for which the United
States has agreed to draft a Remedial Action Plan, the
Program Office shall ensure that the Great Lakes State in
which such area of concern is located—
(i) submits a Remedial Action Plan to the Program
Office by June 30, 1991;
(ii) submits such Remedial Action Plan to the
International Joint Commission by January 1, 1992;
and
(iii) includes such Remedial Action Plans within
the State’s water quality plan by January 1, 1993.
(B) For each area of concern for which Canada has
agreed to draft a Remedial Action Plan, the Program Office
shall, pursuant to subparagraph (c)(1)(C) of this section,
work with Canada to assure the submission of such
Remedial Action Plans to the International Joint Commission
by June 30, 1991, and to finalize such Remedial Action
Plans by January 1, 1993.
(C) For any area of concern designated as such subsequent
to the enactment of this Act, the Program Office
shall (i) if the United States has agreed to draft the Remedial
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 designation,
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 Commission;
and (ii) if Canada has agreed to draft the Remedial
Action Plan, work with Canada, pursuant to subparagraph
(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 International
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 Program
Office shall also make available, upon request, formal
comments made by the Environmental Protection
Agency on individual Remedial Action Plans.
(E) REPORT.—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.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
35 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
(4) LAKEWIDE MANAGEMENT PLANS.—The Administrator, in
consultation with the Program Office shall—
(A) by January 1, 1992, publish in the Federal Register
a proposed Lakewide Management Plan for Lake
Michigan and solicit public comments;
(B) by January 1, 1993, submit a proposed Lakewide
Management Plan for Lake Michigan to the International
Joint Commission for review; and
(C) by January 1, 1994, publish in the Federal Register
a final Lakewide Management Plan for Lake Michigan
and begin implementation.
Nothing in this subparagraph shall preclude the simultaneous development
of Lakewide Management Plans for the other Great
Lakes.
(5) SPILLS OF OIL AND HAZARDOUS MATERIALS.—The Program
Office, in consultation with the Coast Guard, shall identify
areas within the Great Lakes which are likely to experience
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 prevent
and respond to such spills. This information shall be included
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 management
program for reducing nutrient runoff from nonpoint
sources established under section 319 of this Act and shall include
a program for monitoring nutrient runoff into, and ambient
levels in, the Great Lakes.
(7) 5-YEAR STUDY AND DEMONSTRATION PROJECTS.—(A) The
Program Office shall carry out a five-year study and demonstration
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 locations
for conducting demonstration projects under this paragraph,
priority consideration shall be given to projects at the
following locations: Saginaw Bay, Michigan; Sheboygan Harbor,
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 contaminated
sediments at the locations selected for the study
and demonstration projects;
(ii) by December 31, 1990, announce the technologies
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
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 118 FEDERAL WATER POLLUTION CONTROL ACT 36
promising technologies to remedy contaminated sediments;
and
(iv) by December 31, 1993, issue a final report to
Congress on its findings.
(C) The Administrator, after providing for public review
and comment, shall publish information concerning
the public health and environmental consequences of contaminants
in Great Lakes sediment. Information published
pursuant to this subparagraph shall include specific numerical
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) ADMINISTRATOR’S RESPONSIBILITY.—The Administrator
shall ensure that the Program Office enters into agreements
with the various organizational elements of the Agency involved
in Great Lakes activities and the appropriate State
agencies specifically delineating—
(A) the duties and responsibilities of each such element
in the Agency with respect to the Great Lakes;
(B) the time periods for carrying out such duties and
responsibilities; and
(C) the resources to be committed to such duties and
responsibilities.
(9) BUDGET ITEM.—The Administrator shall, in the Agency’s
annual budget submission to Congress, include a funding
request for the Program Office as a separate budget line item.
(10) COMPREHENSIVE REPORT.—Within 90 days after the
end of each fiscal year, the Administrator shall submit to Congress
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 judicial
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 fiscal
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;
(C) describes the long-term prospects for improving
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 Agreement
of 1978, which assessment shall—
(i) show by categories (including judicial enforcement,
research, State cooperative efforts, and general
administration) the amount anticipated to be expended
on Great Lakes water quality initiatives in the
fiscal year to which the assessment relates; and
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
37 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
(ii) include a report of current programs administered
by other Federal agencies which make available
resources to the Great Lakes water quality management
efforts.
(11) CONFINED DISPOSAL FACILITIES.—(A) The Administrator,
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.
(C) The plan shall identify the anticipated use and management
of the site over the following twenty-year period including
the expected termination of dumping at the site, the
anticipated need for site management, including pollution control,
following the termination of the use of the site.
(D) The plan shall identify a schedule for review and revision
of the plan which shall not be less frequent than five
years after adoption of the plan and every five years thereafter.
(12) REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS
OF CONCERN.—
(A) IN GENERAL.—In accordance with this paragraph,
the Administrator, acting through the Program Office, may
carry out projects that meet the requirements of subparagraph
(B).
(B) ELIGIBLE PROJECTS.—A project meets the requirements
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.
(C) PRIORITY.—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 reduced
cost; or
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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) LIMITATION.—The Administrator may not carry
out a project under this paragraph for remediation of contaminated
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 review
of the short-term and long-term effects of the alternatives
on human health and the environment; or
(ii) if the Administrator determines that the area
of concern is likely to suffer significant further or renewed
contamination from existing sources of pollutants
causing sediment contamination following completion
of the project.
(E) NON-FEDERAL SHARE.—
(i) IN GENERAL.—The non-Federal share of the
cost of a project carried out under this paragraph shall
be at least 35 percent.
(ii) IN-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) NON-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 consent
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) OPERATION AND MAINTENANCE.—The non-Federal
share of the cost of the operation and maintenance
of a project carried out under this paragraph
shall be 100 percent.
(F) MAINTENANCE 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 ensure
that the non-Federal sponsor will maintain its aggregate
expenditures from all other sources for remediation
programs in the area of concern in which the project is located
at or above the average level of such expenditures in
the 2 fiscal years preceding the date on which the project
is initiated.
(G) COORDINATION.—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.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
39 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
(H) AUTHORIZATION OF APPROPRIATIONS.—
(i) IN GENERAL.—In addition to other amounts authorized
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) AVAILABILITY.—Funds made available under
clause (i) shall remain available until expended.
(13) PUBLIC INFORMATION PROGRAM.—
(A) IN 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) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this paragraph
$1,000,000 for each of fiscal years 2004 through 2008.
(d) GREAT LAKES RESEARCH.—
(1) ESTABLISHMENT OF RESEARCH OFFICE.—There is established
within the National Oceanic and Atmospheric Administration
the Great Lakes Research Office.
(2) IDENTIFICATION OF ISSUES.—The Research Office shall
identify issues relating to the Great Lakes resources on which
research is needed. 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) INVENTORY.—The Research Office shall identify and inventory,
Federal, State, university, and tribal environmental
research programs (and, to the extent feasible, those of private
organizations and other nations) relating to the Great Lakes
system, and shall update that inventory every four years.
(4) RESEARCH EXCHANGE.—The Research Office shall establish
a Great Lakes research exchange for the purpose of facilitating
the rapid identification, acquisition, retrieval, dissemination,
and use of information concerning research
projects which are ongoing or completed and which affect the
Great Lakes system.
(5) RESEARCH PROGRAM.—The Research Office shall develop,
in cooperation with the Coordination Office, a comprehensive
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) MONITORING.—The Research Office shall conduct,
through the Great Lakes Environmental Research Laboratory,
the National Sea Grant College program, other Federal laboratories,
and the private sector, appropriate research and monitoring
activities which address priority issues and current
needs relating to the Great Lakes.
(7) LOCATION.—The Research Office shall be located in a
Great Lakes State.
(e) RESEARCH AND MANAGEMENT COORDINATION.—
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 118 FEDERAL WATER POLLUTION CONTROL ACT 40
(1) JOINT PLAN.—Before October 1 of each year, the Program
Office and the Research Office shall prepare a joint research
plan for the fiscal year which begins in the following
calendar year.
(2) CONTENTS OF PLAN.—Each plan prepared under paragraph
(1) shall—
(A) identify all proposed research dedicated to activities
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
(C) identify all proposed research that may be used to
develop a comprehensive environmental data base for the
Great Lakes system and establish priorities for development
of such data base.
(3) HEALTH RESEARCH REPORT.—(A) Not later than September
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 Administrator
to carry out this section not to exceed $3,000,000 for
each of fiscal years 1992, 1993, and 1994.
(f) INTERAGENCY COOPERATION.—The head of each department,
agency, or other instrumentality of the Federal Government which
is engaged in, is concerned with, or has authority over programs
relating to research, monitoring, and planning to maintain, enhance,
preserve, or rehabilitate the environmental quality and natural
resources of the Great Lakes, including the Chief of Engineers
of the Army, the Chief of the Soil Conservation Service, the Commandant
of the Coast Guard, the Director of the Fish and Wildlife
Service, and the Administrator of the National Oceanic and Atmospheric
Administration, shall submit an annual report to the Administrator
with respect to the activities of that agency or office affecting
compliance with the Great Lakes Water Quality Agreement
of 1978.
(g) RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND
INTERNATIONAL TREATIES.—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, jurisdiction,
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 protection
of the Great Lakes.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
41 FEDERAL WATER POLLUTION CONTROL ACT Sec. 119
(h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS.—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)
SEC. 119. LONG ISLAND SOUND.—(a) The Administrator shall
continue the Management Conference of the Long Island Sound
Study (hereinafter referred to as the ‘‘Conference’’) as established
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) ADMINISTRATION AND STAFFING OF OFFICE.—The Office
shall be headed by a Director, who shall be detailed by the Administrator,
following consultation with the Administrators of EPA regions
I and II, from among the employees of the Agency who are
in civil service. The Administrator shall delegate to the Director
such authority and detail such additional staff as may be necessary
to carry out the duties of the Director under this section.
(c) DUTIES OF THE OFFICE.—The Office shall assist the Management
Conference of the Long Island Sound Study in carrying
out its goals. Specifically, the Office shall—
(1) assist and support the implementation of the Comprehensive
Conservation and Management Plan for Long Island
Sound developed pursuant to section 320 of this Act, including
efforts to establish, within the process for granting watershed
general permits, a system for promoting innovative
methodologies and technologies that are cost-effective and consistent
with the goals of the Plan;
(2) conduct or commission studies deemed necessary for
strengthened implementation of the Comprehensive Conservation
and Management Plan including, but not limited to—
(A) population growth and the adequacy of wastewater
treatment facilities,
(B) the use of biological methods for nutrient removal
in sewage treatment plants,
(C) contaminated sediments, and dredging activities,
(D) nonpoint source pollution abatement and land use
activities in the Long Island Sound watershed,
(E) wetland protection and restoration,
(F) atmospheric deposition of acidic and other pollutants
into Long Island Sound,
(G) water quality requirements to sustain fish, shellfish,
and wildlife populations, and the use of indicator species
to assess environmental quality,
(H) State water quality programs, for their adequacy
pursuant to implementation of the Comprehensive Conservation
and Management Plan, and
(I) options for long-term financing of wastewater treatment
projects and water pollution control programs.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
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 responsibilities
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 Island
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 Management
Plan;
(B) summarizes any modifications to the Comprehensive
Conservation and Management Plan in the twelvemonth
period immediately preceding such report; and
(C) incorporates specific recommendations concerning
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 legislative
efforts to facilitate the environmental restoration of Long
Island Sound and the implementation of the Comprehensive
Conservation and Management Plan.
(d) GRANTS.—(1) The Administrator is authorized to make
grants for projects and studies which will help implement the Long
Island Sound Comprehensive Conservation and Management Plan.
Special emphasis shall be given to implementation, research and
planning, enforcement, and citizen involvement and education.
(2) State, interstate, and regional water pollution control agencies,
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) ASSISTANCE TO DISTRESSED COMMUNITIES.—
(1) ELIGIBLE COMMUNITIES.—For the purposes of this subsection,
a distressed community is any community that meets
affordability criteria established by the State in which the community
is located, if such criteria are developed after public review
and comment.
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
43 FEDERAL WATER POLLUTION CONTROL ACT Sec. 120
(2) PRIORITY.—In making assistance available under this
section for the upgrading of wastewater treatment facilities,
the Administrator may give priority to a distressed community.
(f) AUTHORIZATIONS.—(1) There is authorized to be appropriated
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) ESTABLISHMENT.—
(1) IN 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) IMPLEMENTATION.—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 Protection
Agency under subparagraph (A) with the actions of
other appropriate Federal agencies.
(b) MEMBERSHIP.—The Members of the Management Conference
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 jurisdiction
over any land or water within the Lake Champlain
basin, as determined appropriate by the Governors; and
(7) eight persons representing affected industries, nongovernmental
organizations, public and private educational institutions,
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.
(c) TECHNICAL ADVISORY COMMITTEE.—(1) The Management
Conference shall, not later than one hundred and twenty days after
the date of enactment of this section, appoint a Technical Advisory
Committee.
(2) Such Technical Advisory Committee shall consist of officials
of: appropriate departments and agencies of the Federal Govern-
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 120 FEDERAL WATER POLLUTION CONTROL ACT 44
ment; the State governments of New York and Vermont; and governments
of political subdivisions of such States; and public and
private research institutions.
(d) RESEARCH PROGRAM.—The Management Conference shall
establish a multi-disciplinary environmental research program for
Lake Champlain. Such research program shall be planned and conducted
jointly with the Lake Champlain Research Consortium.
(e) POLLUTION PREVENTION, CONTROL, AND RESTORATION
PLAN.—(1) Not later than three years after the date of the enactment
of this section, the Management Conference shall publish a
pollution prevention, control, and restoration plan for Lake Champlain.
(2) The Plan developed pursuant to this section shall—
(A) identify corrective actions and compliance schedules
addressing point and nonpoint sources of pollution necessary to
restore and maintain the chemical, physical, and biological integrity
of water quality, a balanced, indigenous population of
shellfish, fish and wildlife, recreational, and economic activities
in and on the lake;
(B) incorporate environmental management concepts and
programs established in State and Federal plans and programs
in effect at the time of the development of such plan;
(C) clarify the duties of Federal and State agencies in pollution
prevention and control activities, and to the extent allowable
by law, suggest a timetable for adoption by the appropriate
Federal and State agencies to accomplish such duties
within a reasonable period of time;
(D) describe the methods and schedules for funding of programs,
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 management
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 conduct
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 publication
of the Plan required pursuant to this section, the Administrator
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 section
320 of this Act.
(f) GRANT ASSISTANCE.—(1) The Administrator may, in consultation
with participants in the Lake Champlain Basin Program,
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
45 FEDERAL WATER POLLUTION CONTROL ACT Sec. 120
make grants to State, interstate, and regional water pollution control
agencies, and public or nonprofit agencies, institutions, and organizations.
(2) Grants under this subsection shall be made for assisting research,
surveys, studies, and modeling and technical and supporting
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) DEFINITIONS.—In this section:
(1) LAKE 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) LAKE 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 counties
in Vermont, that contain all of the streams, rivers, lakes,
and other bodies of water, including wetlands, that drain into
Lake Champlain.
(3) PLAN.—The term ‘‘Plan’’ means the plan developed
under subsection (e).
(h) NO EFFECT ON CERTAIN AUTHORITY.—Nothing in this
section—
(1) affects the jurisdiction or powers of—
(A) any department or agency of the Federal Government
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 Environmental
Protection Agency; or
(3) affects section 304 of the Great Lakes Critical Programs
Act of 1990 (Public Law 101–596; 33 U.S.C. 1270 note).
(i) AUTHORIZATION.—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)
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 121 FEDERAL WATER POLLUTION CONTROL ACT 46
SEC. 121. LAKE PONTCHARTRAIN BASIN.
(a) ESTABLISHMENT OF RESTORATION PROGRAM.—The Administrator
shall establish within the Environmental Protection Agency
the Lake Pontchartrain Basin Restoration Program.
(b) PURPOSE.—The purpose of the program shall be to restore
the ecological health of the Basin by developing and funding restoration
projects and related scientific and public education
projects.
(c) DUTIES.—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 research
to provide necessary technical and scientific information;
(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 determines
to be appropriate, relating to the environmental quality
of the Basin.
(d) GRANTS.—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 management
conference.
(e) DEFINITIONS.—In this section, the following definitions
apply:
(1) BASIN.—The term ‘‘Basin’’ means the Lake Pontchartrain
Basin, a 5,000 square mile watershed encompassing
16 parishes in the State of Louisiana and 4 counties in the
State of Mississippi.
(2) PROGRAM.—The term ‘‘program’’ means the Lake Pontchartrain
Basin Restoration Program established under subsection
(a).
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN 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 expended.
(2) PUBLIC EDUCATION PROJECTS.—Not more than 15 percent
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)
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
47 FEDERAL WATER POLLUTION CONTROL ACT Sec. 201
1 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).
SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.1
(a) IN GENERAL.—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) WATERSHED MANAGEMENT OF WET WEATHER DISCHARGES.—
The management of municipal combined sewer
overflows, sanitary sewer overflows, and stormwater discharges,
on an integrated watershed or subwatershed basis for
the purpose of demonstrating the effectiveness of a unified wet
weather approach.
(2) STORMWATER BEST MANAGEMENT PRACTICES.—The control
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 reducing
such pollutants from stormwater discharges.
(b) ADMINISTRATION.—The Administrator, in coordination with
the States, shall provide municipalities participating in a pilot
project under this section the ability to engage in innovative practices,
including the ability to unify separate wet weather control efforts
under a single permit.
(c) FUNDING.—
(1) IN 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) STORMWATER.—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) ADMINISTRATIVE 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) REPORT TO CONGRESS.—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
SEC. 201. (a) It is the purpose of this title to require and to assist
the development and implementation of waste treatment management
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
Q:\COMP\WATER2\CLEANWAT.001
November 27, 2002
Sec. 201 FEDERAL WATER POLLUTION CONTROL ACT 48
1 So in original. Probably should be ‘‘section’’.
technology before any discharge into receiving waters, including reclaiming
and recycling of water, and confined disposal of pollutants
so they will not migrate to cause water or other environmental pollution
and shall provide for consideration of advanced waste treatment
techniques.
(c) To the extent practicable, waste treatment management
shall be on an areawide basis and provide control or treatment of
all point and nonpoint sources of pollution, including in place or accumulated
pollution sources.
(d) The Administrator shall encourage waste treatment management
which results in the construction of revenue producing facilities
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 management
which results in integrating facilities for sewage treatment
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 integrated
facilities shall be designed and operated to produce revenues
in excess of capital and operation and maintenance costs and such
revenues shall be used by the designated regional management
agency to aid in financing other environmental improvement programs.
(f) The Administrator shall encourage waste treatment management
which combines ‘‘open space’’ and recreational considerations
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 October
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 October
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 1 319 (h) and (i) of this Act (including any innovative
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 authorized
for any fiscal year beginning after June 30, 1974, to any
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
49 FEDERAL WATER POLLUTION CONTROL ACT Sec. 201
State, municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling, improvement,
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 assistance
will provide for the application of the best practicable
waste treatment technology over the life of the works consistent
with the purposes of this title; and
(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 applicant
shows to the satisfaction of the Administrator that each sewer
collection system discharging into such treatment works is not subject
to excessive infiltration.
(4) The Administrator is authorized to make grants to applicants
for treatment works grants under this section for such sewer
system evaluation studies as may be necessary to carry out the requirements
of paragraph (3) of this subsection. Such grants shall
be made in accordance with rules and regulations promulgated by
the Administrator. Initial rules and regulations shall be promulgated
under this paragraph not later than 120 days after the date
of enactment of the Federal Water Pollution Control Act Amendments
of 1972.
(5) The Administrator shall not make grants from funds authorized
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, improvement,
or extension of treatment works unless the grant applicant
has satisfactorily demonstrated to the Administrator that innovative
and alternative wastewater treatment processes and techniques
which provide for the reclaiming and reuse of water, otherwise
eliminate the discharge of pollutants, and utilize recycling
techniques, land treatment, new or improved methods of waste
treatment management for municipal and industrial waste (discharged
into municipal systems) and the confined disposal of pollutants,
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 taking
into account and allowing to the extent practicable the more efficient
use of energy and resources.
(6) The Administrator shall not make grants from funds authorized
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, improvement,
or extension of treatment works unless the grant applicant
has satisfactorily demonstrated to the Administrator that the applicant
has analyzed the potential recreation and open space opportunities
in the planning of the proposed treatment works.
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 201 FEDERAL WATER POLLUTION CONTROL ACT 50
(h) A grant may be made under this section to construct a privately
owned treatment works serving one or more principal residences
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 subsection
(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 comply
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 proportionate
share of the cost of operation and maintenance (including
replacement); and
(3) the total cost and environmental impact of providing
waste treatment services to such residences or commercial establishments
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 management
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 specifications
for a facility to treat wastewater, which received its grant approval
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 section
for construction, the Administrator shall make an allowance in
such grant for non-Federal funds expended during the facility planning
and advanced engineering and design phase at the prevailing
Federal share under section 202(a) of this Act, based on the per-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 applicant
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.
(C) In the event a grant for construction costs is made under
this section for a project for which an advance has been made
under this paragraph, the Administrator shall reduce the amount
of such grant by the allowance established under paragraph (1) of
this subsection. In the event no such grant is made, the State is
authorized to seek repayment of such advance on such terms and
conditions as it may determine.
(m)(1) Notwithstanding any other provisions of this title, the
Administrator is authorized to make a grant from any funds otherwise
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 Administrator
shall make a grant from any funds otherwise allotted
to the State of California to the city of Eureka, California, in connection
with project numbered C–06–2772, for the purchase of one
hundred and thirty-nine acres of property as environmental mitigation
for siting of the proposed treatment plant.
(3) Notwithstanding any other provision of this Act, the Administrator
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 resources
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 combined
storm water and sanitary sewer overflows, which are not otherwise
eligible under this subsection, where correction of such discharges
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 levels
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 provided
in paragraphs (1) and (2) of this subsection, upon the request
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002

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 Administrator
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 requirements
for waste treatment services; and
(3) sets forth with specificity the manner in which the applicant
intends to finance such future expansion and reconstruction.
(p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.—In any case
in which a dispute arises with respect to the awarding of a contract
for construction of treatment works by a grantee of funds under
this title and a party to such dispute files an appeal with the Administrator
under this title for resolution of such dispute, the Administrator
shall make a final decision on such appeal within 90
days of the filing of such appeal.
(33 U.S.C. 1281)
FEDERAL SHARE
SEC. 202. (a)(1) The amount of any grant for treatment works
made under this Act from funds authorized for any fiscal year beginning
after June 30, 1971, and ending before October 1, 1984,
shall be 75 per centum of the cost of construction thereof (as approved
by the Administrator), and for any fiscal year beginning on
or after October 1, 1984, shall be 55 per centum of the cost of construction
thereof (as approved by the Administrator), unless modified
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 Administrator,
shall issue guidelines for concurrence in any such modification,
which shall provide for the consideration of the unobligated
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 reduced
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 Control
Act Amendments of 1972 from any funds authorized for any
fiscal year beginning after June 30, 1971, shall, upon the request
of the applicant, be increased to the applicable percentage under
this section. Notwithstanding the first sentence of this paragraph,
in any case where a primary, secondary, or advanced waste treatment
facility or its related interceptors or a project for infiltrationin-
flow correction has received a grant for erection, building, acqui-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
53 FEDERAL WATER POLLUTION CONTROL ACT Sec. 202
sition, alteration, remodeling, improvement, extension, or correction
before October 1, 1984, all segments and phases of such facility,
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 Administrator
before October 1, 1984, and which project is under judicial
injunction on such date prohibiting its construction, such
project shall be eligible for grants at 75 percent of the cost of construction
thereof. Notwithstanding the first sentence of this paragraph,
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 Altoona,
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 significant
portion thereof utilizing innovative or alternative wastewater
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 centum
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 techniques,
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 proportion
of the State contribution to the non-Federal share of construction
costs for all treatment works in such State receiving a
grant under this paragraph is the same as or greater than the proportion
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 significantly
increased capital or operating and maintenance expenditures.
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 treatment
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 applicable
percentage under subsection (a) of this section for grants for
treatment works from funds for fiscal years beginning after June
30, 1971, with respect to the cost of such actual erection, building,
or acquisition. Such increased amount shall be paid from any funds
allocated to the State in which the treatment works is located without
regard to the fiscal year for which such funds were authorized.
Such increased amount shall be paid for such project only if—
(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 constructed
for use in conjunction with such treatment works, and
if the cost of such sewage collection system exceeds the cost of
such treatment works, and
(2) the State water pollution control agency or other appropriate
State authority certifies that the quantity of available
ground water will be insufficient, inadequate, or unsuitable for
public use, including the ecological preservation and recreational
use of surface water bodies, unless effluents from
publicly-owned treatment works after adequate treatment are
returned to the ground water consistent with acceptable technological
standards.
(c) Notwithstanding any other provision of law, sums allotted
to the Commonwealth of Puerto Rico under section 205 of this Act
for fiscal year 1981 shall remain available for obligation for the fiscal
year for which authorized and for the period of the next succeeding
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 Administrator
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 conditions
developed and approved by the Administrator in consultation
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 expended
on these projects.
(33 U.S.C. 1282)
PLANS, SPECIFICATIONS, ESTIMATES, AND PAYMENTS
SEC. 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) AGREEMENT ON ELIGIBLE COSTS.—
(A) LIMITATION ON MODIFICATIONS.—Before taking
final action on any plans, specifications, and estimates
submitted under this subsection after the 60th day following
the date of the enactment of the Water Quality Act
of 1987, the Administrator shall enter into a written agreement
with the applicant which establishes and specifies
which items of the proposed project are eligible for Federal
payments under this section. The Administrator may not
later modify such eligibility determinations unless they are
found to have been made in violation of applicable Federal
statutes and regulations.
(B) LIMITATION ON EFFECT.—Eligibility determinations
under this paragraph shall not preclude the Administrator
from auditing a project pursuant to section 501 of this Act,
or other authority, or from withholding or recovering Federal
funds for costs which are found to be unreasonable,
unsupported by adequate documentation, or otherwise unallowable
under applicable Federal costs principles, or
which are incurred on a project which fails to meet the design
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 Administrator),
and the population of the applicant municipality is twentyfive
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 progresses,
make payments to the recipient of a grant for costs of construction
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 203 FEDERAL WATER POLLUTION CONTROL ACT 56
of the value of the materials which have been stockpiled in the vicinity
of such construction in conformity to plans and specifications
for the project.
(c) After completion of a project and approval of the final
voucher by the Administrator, he shall pay out of the appropriate
sums the unpaid balance of the Federal share payable on account
of such project.
(d) Nothing in this Act shall be construed to require, or to authorize
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 additional
construction.
(e) At the request of a grantee under this title, the Administrator
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) DESIGN/BUILD PROJECTS.—
(1) AGREEMENT.—Consistent with State law, an applicant
who proposes to construct waste water treatment works may
enter into an agreement with the Administrator under this
subsection providing for the preparation of construction plans
and specifications and the erection of such treatment works, in
lieu of proceeding under the other provisions of this section.
(2) LIMITATION ON PROJECTS.—Agreements under this subsection
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 treatment
systems: aerated lagoons, trickling filters, stabilization
ponds, land application systems, sand filters, and subsurface
disposal systems.
(3) REQUIRED TERMS.—An agreement entered into under
this subsection shall—
(A) set forth an amount agreed to as the maximum
Federal contribution to the project, based upon a competitively
bid document of basic design data and applicable
standard construction specifications and a determination
of the federally eligible costs of the project at the applicable
Federal share under section 202 of this Act;
(B) set forth dates for the start and completion of construction
of the treatment works by the applicant and a
schedule of payments of the Federal contribution to the
project;
(C) contain assurances by the applicant that (i) engineering
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 specified
as the date of completion of construction of the treatment
works, the treatment works will be operating so as
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 Administrator
to protect the Federal interest in the project;
and
(E) contain such other terms and conditions as are
necessary to assure compliance with this title (except as
provided in paragraph (4) of this subsection).
(4) LIMITATION ON APPLICATION.—Subsections (a), (b), and
(c) of this section shall not apply to grants made pursuant to
this subsection.
(5) RESERVATION TO ASSURE COMPLIANCE.—The Administrator
shall reserve a portion of the grant to assure contract
compliance until final project approval as defined by the Administrator.
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) LIMITATION ON OBLIGATIONS.—The Administrator shall
not obligate more than 20 percent of the amount allotted to a
State for a fiscal year under section 205 of this Act for grants
pursuant to this subsection.
(7) ALLOWANCE.—The Administrator shall determine an allowance
for facilities planning for projects constructed under
this subsection in accordance with section 201(l).
(8) LIMITATION ON FEDERAL CONTRIBUTIONS.—In no event
shall the Federal contribution for the cost of preparing construction
plans and specifications and the building and erection
of treatment works pursuant to this subsection exceed the
amount agreed upon under paragraph (3).
(9) RECOVERY ACTION.—In any case in which the recipient
of a grant made pursuant to this subsection does not comply
with the terms of the agreement entered into under paragraph
(3), the Administrator is authorized to take such action as may
be necessary to recover the amount of the Federal contribution
to the project.
(10) PREVENTION OF DOUBLE BENEFITS.—A recipient of a
grant made pursuant to this subsection shall not be eligible for
any other grants under this title for the same project.
(33 U.S.C. 1283)
LIMITATIONS AND CONDITIONS
SEC. 204. (a) Before approving grants for any project for any
treatment works under section 201(g)(1) the Administrator shall
determine—
(1) that any required areawide waste treatment management
plan under section 208 of this Act (A) is being implemented
for such area and the proposed treatment works are included
in such plan, or (B) is being developed for such area and
reasonable progress is being made toward its implementation
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 204 FEDERAL WATER POLLUTION CONTROL ACT 58
1 So in law. The period should be a semicolon.
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 proposed
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 applicable
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 promulgated
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 treatment
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 section
304(d)(3) of this Act.1
(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 employment
of trained management and operations personnel, and
the maintenance of such works in accordance with a plan of operation
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 capacity
at a date when such capacity will be required, after taking
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 capacity
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 within
the jurisdiction of the applicant to be served by such treatment
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,
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 appropriate.
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 erection,
building, acquisition, alteration, remodeling, improvement,
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 greater
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 proprietary,
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 uneconomical
to make a clear and accurate description of the technical
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 Administrator
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 treatment
services within the applicant’s jurisdiction, as determined by
the Administrator, will pay its proportionate share (except as otherwise
provided in this paragraph) of the costs of operation and
maintenance (including replacement) of any waste treatment services
provided by the applicant; and (B) has legal, institutional,
managerial, and financial capability to insure adequate construction,
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 maintenance
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),
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 dedication
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-residential
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 Administrator
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 appropriate
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 determine
the adequacy of charges imposed on classes and categories of
users reflecting all factors that influence the cost of waste treatment,
including strength, volume, and delivery flow rate characteristics
of waste; and (C) model systems and rates of user charges
typical of various treatment works serving municipal-industrial
communities.
(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 system
by which the necessary funds will be available for the proper
operation and maintenance of the treatment works; and (B) the applicant
to establish a procedure under which the residential user
will be notified as to that portion of his total payment which will
be allocated to the costs of the waste treatment services.
(c) The next to the last sentence of paragraph (5) of subsection
(a) of this section shall not apply in any case where a primary, secondary,
or advanced waste treatment facility or its related interceptors
has received a grant for erection, building, acquisition, alteration,
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-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 supervising
construction or providing architect engineering services during
construction shall continue its relationship to the grant applicant
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 Federal
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 operator
of such treatment works shall certify to the Administrator
whether or not such treatment works meet the design specifications
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 effluent
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, guarantees,
or indemnity or other contractual requirements from any
party to a contract pertaining to a project assisted under this title,
than those provided under this subsection.
(33 U.S.C. 1284)
ALLOTMENT
SEC. 205. (a) Sums authorized to be appropriated pursuant to
section 207 for each fiscal year beginning after June 30, 1972, before
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 Amendments
of 1972. Such sums shall be allotted among the States by
the Administrator in accordance with regulations promulgated by
him, in the ratio that the estimated cost of constructing all needed
publicly owned treatment works in each State bears to the estimated
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 allotment
less than that which it received for the fiscal year ending
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 available
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 Wastewater
Treatment Construction Grant Amendments of 1981. Notwithstanding
any other provision of law, sums authorized for the
fiscal year ending September 30, 1982, shall be allotted in accordance
with table 3 of Committee Print Numbered 95–30 of the Committee
on Public Works and Transportation of the House of Representatives.
Sums authorized for the fiscal years ending September
30, 1983, September 30, 1984, September 30, 1985, and
September 30, 1986, shall be allotted in accordance with the following
table:
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
63 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
Fiscal years 1983
through 1985 1
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
1 So in original. Probably should be ‘‘1986’’.
(3) FISCAL YEARS 1987–1990.—Sums authorized to be appropriated
pursuant to section 207 for the fiscal years 1987, 1988,
1989, and 1990 shall be allotted for each such year by the Administrator
not later than the 10th day which begins after the
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 following
table:
States:
Alabama ………………………………………………………………………………………. .011309
Alaska ………………………………………………………………………………………….. .006053
Arizona ………………………………………………………………………………………… .006831
Arkansas ……………………………………………………………………………………… .006616
California …………………………………………………………………………………….. .072333
Colorado ………………………………………………………………………………………. .008090
Connecticut ………………………………………………………………………………….. .012390
Delaware ……………………………………………………………………………………… .004965
District of Columbia ……………………………………………………………………… .004965
Florida …………………………………………………………………………………………. .034139
Georgia ………………………………………………………………………………………… .017100
Hawaii …………………………………………………………………………………………. .007833
Idaho ……………………………………………………………………………………………. .004965
Illinois ………………………………………………………………………………………….. .045741
Indiana ………………………………………………………………………………………… .024374
Iowa …………………………………………………………………………………………….. .013688
Kansas …………………………………………………………………………………………. .009129
Kentucky ……………………………………………………………………………………… .012872
Louisiana ……………………………………………………………………………………… .011118
Maine …………………………………………………………………………………………… .007829
Maryland ……………………………………………………………………………………… .024461
Massachusetts ………………………………………………………………………………. .034338
Michigan ………………………………………………………………………………………. .043487
Minnesota …………………………………………………………………………………….. .018589
Mississippi …………………………………………………………………………………… .009112
Missouri ……………………………………………………………………………………….. .028037
Montana ………………………………………………………………………………………. .004965
Nebraska ……………………………………………………………………………………… .005173
Nevada ………………………………………………………………………………………… .004965
New Hampshire ……………………………………………………………………………. .010107
New Jersey …………………………………………………………………………………… .041329
New Mexico ………………………………………………………………………………….. .004965
New York …………………………………………………………………………………….. .111632
North Carolina ……………………………………………………………………………… .018253
North Dakota ……………………………………………………………………………….. .004965
Ohio …………………………………………………………………………………………….. .056936
Oklahoma …………………………………………………………………………………….. .008171
Oregon …………………………………………………………………………………………. .011425
Pennsylvania ………………………………………………………………………………… .040062
Rhode Island ………………………………………………………………………………… .006791
South Carolina ……………………………………………………………………………… .010361
South Dakota ……………………………………………………………………………….. .004965
Tennessee …………………………………………………………………………………….. .014692
Texas …………………………………………………………………………………………… .046226
Utah …………………………………………………………………………………………….. .005329
Vermont ……………………………………………………………………………………….. .004965
Virginia ……………………………………………………………………………………….. .020698
Washington ………………………………………………………………………………….. .017588
West Virginia ……………………………………………………………………………….. .015766
Wisconsin …………………………………………………………………………………….. .027342
Wyoming ……………………………………………………………………………………… .004965
American Samoa …………………………………………………………………………… .000908
Guam …………………………………………………………………………………………… .000657
Northern Marianas ……………………………………………………………………….. .000422
Puerto Rico …………………………………………………………………………………… .013191
Pacific Trust Territories ………………………………………………………………… .001295
Virgin Islands ………………………………………………………………………………. .000527
(d) Sums allotted to the States for a fiscal year shall remain
available for obligation for the fiscal year for which authorized and
for the period of the next succeeding twelve months. The amount
of any allotment not obligated by the end of such twenty-four-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
65 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
1 P.L. 97–117 added this phrase with a period at the end; probably should be a comma.
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 thereafter
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 receive
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 appropriation
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 authority
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 necessary
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 authorized
to be reserved shall not exceed 4 per centum.1 or $400,000
whichever amount is the greater. Sums so reserved shall be available
for making grants to such State under paragraph (2) of this
subsection for the same period as sums are available from such allotment
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 manner
and to the same extent as such last allotment. Sums authorized
to be reserved by this paragraph shall be in addition to and
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 reasonable
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 71⁄2 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 Administrator
may set aside no more than 71⁄2 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 conventional
sewage treatment works for municipalities having a population
of three thousand five hundred or less, or for the highly dispersed
sections of larger municipalities, as defined by the Administrator.
(i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE PROJECTS.—
Not less than 1⁄2 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 treatment
works utilizing innovative processes and techniques pursuant
to section 202(a)(2) of this Act. Including the expenditures authorized
by the preceding sentence, a total of 2 percent of the funds allotted
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 Governor
of the State) of not less than 4 percent nor more than 71⁄2
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 obligation
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 planning,
including, but not limited to—
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
67 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
(A) identifying most cost effective and locally acceptable facility
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);
(C) determining the nature, extent, and causes of water
quality problems in various areas of the State and interstate
region, and reporting on these annually; and
(D) determining those publicly owned treatment works
which should be constructed with assistance under this title, in
which areas and in what sequence, taking into account the relative
degree of effluent reduction attained, the relative contributions
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 paragraph
(2) of this subsection, a State shall develop jointly with local,
regional, and interstate entities, a plan for carrying out the program
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 organizations
and with the approval of the Administrator, determines
that allocation of at least 40 percent of such amount to such organizations
will not result in significant participation by such organizations
in water quality management planning and not significantly
assist in development and implementation of the plan described
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) NONPOINT SOURCE RESERVATION.—In addition to the
sums reserved under paragraph (1), the Administrator shall reserve
each fiscal year for each State 1 percent of the sums allotted
and available for obligation to such State under this section
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 September
30, 1982, an amount necessary to pay the entire cost of conveying
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 205 FEDERAL WATER POLLUTION CONTROL ACT 68
1 So in original. Probably should be ‘‘such’’.
addition to and not in lieu of any other amounts authorized to be
allotted to such State under this Act.
(l) MARINE ESTUARY RESERVATION.—
(1) RESERVATION OF FUNDS.—
(A) GENERAL RULE.—Prior to making allotments
among the States under subsection (c) of this section, the
Administrator shall reserve funds from sums appropriated
pursuant to section 207 for each fiscal year beginning after
September 30, 1986.
(B) FISCAL YEARS 1987 AND 1988.—For each of fiscal
years 1987 and 1988 the reservation shall be 1 percent of
the sums appropriated pursuant to section 207 for such fiscal
year.
(C) FISCAL YEARS 1989 AND 1990.—For each of fiscal
years 1989 and 1990 the reservation shall be 11⁄2 percent
of the funds appropriated pursuant to section 207 for such
fiscal year.
(2) USE OF FUNDS.—Of the sums reserved under this subsection,
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 combined
storm water and sanitary sewer overflows from adjacent
urban complexes, and one-third shall be available for the implementation
of section 320 of this Act, relating to the national
estuary program.
(3) PERIOD OF AVAILABILITY.—Sums reserved under this
subsection shall be subject to the period of availability for obligation
established by subsection (d) of this section.
(4) TREATMENT OF CERTAIN BODY OF WATER.—For purposes
of this section and section 201(n), Newark Bay, New Jersey,
and the portion of the Passaic River up to Little Falls, in the
vicinity of Beatties Dam, shall be treated as a marine bay and
estuary.
(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTION
CONTROL REVOLVING FUNDS.—
(1) FROM CONSTRUCTION GRANT ALLOTMENTS.—In addition
to any amounts deposited in a water pollution control revolving
fund established by a State under title VI, upon request of the
Governor of such State, the Administrator shall make available
to the State for deposit, as capitalization grants, in such fund
in any fiscal year beginning after September 30, 1986, such
portion of the amounts allotted to such State under this section
for such fiscal year as the Governor considers appropriate; except
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 1 fiscal year.
(2) NOTICE REQUIREMENT.—The Governor of a State may
make a request under paragraph (1) for a deposit into the
water pollution control revolving fund of such State—
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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) EXCEPTION.—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
SEC. 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 assistance,
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 comprehensive
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 eligible
for Federal financial assistance under this Act in a State between
June 30, 1956, and June 30, 1966, which was approved by
the State water pollution control agency and which the Administrator
finds meets the requirements of section 8 of this Act prior
to the date of enactment of the Federal Water Pollution Control Act
Amendments of 1972 but which was constructed without assistance
under such section 8 or which received such assistance in an
amount less than 30 per centum of the cost of such project shall
qualify for payments and reimbursement of State or local funds
used for such project from sums allocated to such State under this
section in an amount which shall not exceed the difference between
the amount of such assistance, if any, received for such project and
30 per centum of the cost of such project.
(c) No publicly owned treatment works shall receive any payment
or reimbursement under subsection (a) or (b) of this section
unless an application for such assistance is filed with the Administrator
within the one year period which begins on the date of enactment
of the Federal Water Pollution Control Act Amendments of
1972. Any application filed within such one year period may be revised
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 reimbursement
due such project as the total of such funds for such year
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 subsection
(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 allotted
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 Federal
funds and in accordance with all procedures and all requirements
applicable to treatment works projects, except those procedures
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 fiscal
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 Administrator
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 eligible
to receive such payment based on the allotment and appropriation
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 Administrator
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 considered
completed until an application under the provisions of this
subsection with respect to such project has been approved by the
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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
SEC. 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 appropriation
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 ending
September 30, 1986, September 30, 1987, and September 30,
1988, not to exceed $2,400,000,000; and for each of the fiscal years
ending September 30, 1989, and September 30, 1990, not to exceed
$1,200,000,000.
(33 U.S.C. 1287)
AREAWIDE WASTE TREATMENT MANAGEMENT
SEC. 208. (a) For the purpose of encouraging and facilitating
the development and implementation of areawide waste treatment
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 publish
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 identification
and after consultation with appropriate elected and
other officials of local governments having jurisdiction in such
areas, the Governor shall designate (A) the boundaries of each
such area, and (B) a single representative organization, including
elected officials from local governments or their designees,
capable of developing effective areawide waste treatment management
plans for such 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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 guidelines
published under paragraph (1) of this subsection, is located
in two or more States, the Governors of the respective
States shall consult and cooperate in carrying out the provisions
of 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 designating,
within one hundred and eighty days after publication
of guidelines issued pursuant to paragraph (1) of this subsection,
of a single representative organization capable of developing
effective areawide waste treatment management
plans for such area.
(4) If a Governor does not act, either by designating or determining
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 officials
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 portions
of such State which are not designated under paragraphs
(2), (3), or (4) of this subsection.
(7) Designations under this subsection shall be subject to
the approval of the Administrator.
(b)(1)(A) Not later than one year after the date of designation
of any organization under subsection (a) of this section such organization
shall have in operation a continuing areawide waste treatment
management planning process consistent with section 201 of
this Act. Plans prepared in accordance with this process shall contain
alternatives for waste treatment management, and be applicable
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 subsection
(a)(6), the initial plan prepared in accordance with such
process shall be certified by the Governor and submitted to the Administrator
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—
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 improved
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 completion
of all treatment works;
(C) the establishment of a regulatory program to—
(i) implement the waste treatment management requirements
of section 201(c),
(ii) regulate the location, modification, and construction
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 applicable
pretreatment requirements;
(D) the identification of those agencies necessary to construct,
operate, and maintain all facilities required by the plan
and otherwise to carry out the plan;
(E) the identification of the measures necessary to carry
out the plan (including financing), the period of time necessary
to carry out the plan, the costs of carrying out the plan within
such time, and the economic, social, and environmental impact
of carrying out the plan within such time;
(F) a process to (i) identify, if appropriate, agriculturally
and silviculturally related nonpoint sources of pollution, including
return flows from irrigated agriculture, and their cumulative
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 procedures
and methods (including land use requirements) to control
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 feasible
such sources;
(I) a process to (i) identify, if appropriate, salt water intrusion
into rivers, lakes, and estuaries resulting from reduction
of fresh water flow from any cause, including irrigation, obstruction,
ground water extraction, and diversion, and (ii) set
forth procedures and methods to control such intrusion to the
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 208 FEDERAL WATER POLLUTION CONTROL ACT 74
extent feasible where such procedures and methods are otherwise
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 certified
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 Administrator
for his approval.
(4)(A) Whenever the Governor of any State determines (and notifies
the Administrator) that consistency with a statewide regulatory
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 throughout
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 affects
navigable waters, which shall complement and be coordinated
with a State program under section 404 conducted pursuant
to this Act.
(iii) A process to assure that any activity conducted pursuant
to a best management practice will comply with the guidelines
established under section 404(b)(1), and sections 307 and
403 of this Act.
(iv) A process to assure that any activity conducted pursuant
to a best management practice can be terminated or modified
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 temporary
or permanent reduction or elimination of the discharge
pursuant to the best management practice.
(v) A process to assure continued coordination with Federal
and Federal-State water-related planning and reviewing
processes, including the National Wetlands Inventory.
(C) If the Governor of a State obtains approval from the Administrator
of a statewide regulatory program which meets the requirements
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 pursuant
to such section, or to comply with a general permit issued pursuant
to such section, with respect to any appropriate activity within
such State for which a best management practice has been ap-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 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, 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 approved
under this paragraph, the Administrator shall withdraw approval
of such program under this subparagraph only for a substantial
failure of the State to administer its program in accordance
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 potential
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, unless,
within 120 days of such designation, he finds that the designated
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 related
facilities serving such area in conformance with any plan
required by subsection (b) of this section;
(C) directly or by contract, to design and construct new
works, and to operate and maintain new and existing works as
required by any plan developed pursuant to subsection (b) of
this section;
(D) to accept and utilize grants, or other funds from any
source, for waste treatment management purposes;
(E) to raise revenues, including the assessment of waste
treatment charges;
(F) to incur short- and long-term indebtedness;
(G) to assure in implementation of an areawide waste
treatment management plan that each participating community
pays its proportionate share of treatment costs;
(H) to refuse to receive any wastes from any municipality
or subdivision thereof, which does not comply with any provisions
of an approved plan under this section applicable to such
area; and
(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 approved
under subsection (b) of this section, the Administrator shall
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 208 FEDERAL WATER POLLUTION CONTROL ACT 76
1 So in original. Probably should be ‘‘designated’’.
not make any grant for construction of a publicy owned treatment
works under section 201(g)(1) within such area except to such designated
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 designated
under subsection (a) of this section for payment of the reasonable
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 paragraph
(1) of this subsection, the amount of such grant shall not exceed
75 per centum of the costs of developing and operating a continuing
areawide waste treatment management planning process in
any year.
(3) Each applicant for a grant under this subsection shall submit
to the Administrator for his approval each proposal for which
a grant is applied for under this subsection. The Administrator
shall act upon such proposal as soon as practicable after it has
been 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 provided
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 ending
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 Governor
or the designated planning agency, and without reimbursement,
to consult with, and provide technical assistance to, any
agency designated under subsection (a) of this section in the development
of areawide waste treatment management plans under subsection
(b) of this section.
(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 1 under subsection (a) of this section in devel-

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 Administrator
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 requirements
for waste treatment services; and
(3) sets forth with specificity the manner in which the applicant
intends to finance such future expansion and reconstruction.
(p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.—In any case
in which a dispute arises with respect to the awarding of a contract
for construction of treatment works by a grantee of funds under
this title and a party to such dispute files an appeal with the Administrator
under this title for resolution of such dispute, the Administrator
shall make a final decision on such appeal within 90
days of the filing of such appeal.
(33 U.S.C. 1281)
FEDERAL SHARE
SEC. 202. (a)(1) The amount of any grant for treatment works
made under this Act from funds authorized for any fiscal year beginning
after June 30, 1971, and ending before October 1, 1984,
shall be 75 per centum of the cost of construction thereof (as approved
by the Administrator), and for any fiscal year beginning on
or after October 1, 1984, shall be 55 per centum of the cost of construction
thereof (as approved by the Administrator), unless modified
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 Administrator,
shall issue guidelines for concurrence in any such modification,
which shall provide for the consideration of the unobligated
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 reduced
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 Control
Act Amendments of 1972 from any funds authorized for any
fiscal year beginning after June 30, 1971, shall, upon the request
of the applicant, be increased to the applicable percentage under
this section. Notwithstanding the first sentence of this paragraph,
in any case where a primary, secondary, or advanced waste treatment
facility or its related interceptors or a project for infiltrationin-
flow correction has received a grant for erection, building, acqui-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
53 FEDERAL WATER POLLUTION CONTROL ACT Sec. 202
sition, alteration, remodeling, improvement, extension, or correction
before October 1, 1984, all segments and phases of such facility,
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 Administrator
before October 1, 1984, and which project is under judicial
injunction on such date prohibiting its construction, such
project shall be eligible for grants at 75 percent of the cost of construction
thereof. Notwithstanding the first sentence of this paragraph,
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 Altoona,
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 significant
portion thereof utilizing innovative or alternative wastewater
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 centum
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 techniques,
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 proportion
of the State contribution to the non-Federal share of construction
costs for all treatment works in such State receiving a
grant under this paragraph is the same as or greater than the proportion
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 significantly
increased capital or operating and maintenance expenditures.
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 treatment
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 applicable
percentage under subsection (a) of this section for grants for
treatment works from funds for fiscal years beginning after June
30, 1971, with respect to the cost of such actual erection, building,
or acquisition. Such increased amount shall be paid from any funds
allocated to the State in which the treatment works is located without
regard to the fiscal year for which such funds were authorized.
Such increased amount shall be paid for such project only if—
(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 constructed
for use in conjunction with such treatment works, and
if the cost of such sewage collection system exceeds the cost of
such treatment works, and
(2) the State water pollution control agency or other appropriate
State authority certifies that the quantity of available
ground water will be insufficient, inadequate, or unsuitable for
public use, including the ecological preservation and recreational
use of surface water bodies, unless effluents from
publicly-owned treatment works after adequate treatment are
returned to the ground water consistent with acceptable technological
standards.
(c) Notwithstanding any other provision of law, sums allotted
to the Commonwealth of Puerto Rico under section 205 of this Act
for fiscal year 1981 shall remain available for obligation for the fiscal
year for which authorized and for the period of the next succeeding
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 Administrator
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 conditions
developed and approved by the Administrator in consultation
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 expended
on these projects.
(33 U.S.C. 1282)
PLANS, SPECIFICATIONS, ESTIMATES, AND PAYMENTS
SEC. 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) AGREEMENT ON ELIGIBLE COSTS.—
(A) LIMITATION ON MODIFICATIONS.—Before taking
final action on any plans, specifications, and estimates
submitted under this subsection after the 60th day following
the date of the enactment of the Water Quality Act
of 1987, the Administrator shall enter into a written agreement
with the applicant which establishes and specifies
which items of the proposed project are eligible for Federal
payments under this section. The Administrator may not
later modify such eligibility determinations unless they are
found to have been made in violation of applicable Federal
statutes and regulations.
(B) LIMITATION ON EFFECT.—Eligibility determinations
under this paragraph shall not preclude the Administrator
from auditing a project pursuant to section 501 of this Act,
or other authority, or from withholding or recovering Federal
funds for costs which are found to be unreasonable,
unsupported by adequate documentation, or otherwise unallowable
under applicable Federal costs principles, or
which are incurred on a project which fails to meet the design
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 Administrator),
and the population of the applicant municipality is twentyfive
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 progresses,
make payments to the recipient of a grant for costs of construction
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 203 FEDERAL WATER POLLUTION CONTROL ACT 56
of the value of the materials which have been stockpiled in the vicinity
of such construction in conformity to plans and specifications
for the project.
(c) After completion of a project and approval of the final
voucher by the Administrator, he shall pay out of the appropriate
sums the unpaid balance of the Federal share payable on account
of such project.
(d) Nothing in this Act shall be construed to require, or to authorize
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 additional
construction.
(e) At the request of a grantee under this title, the Administrator
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) DESIGN/BUILD PROJECTS.—
(1) AGREEMENT.—Consistent with State law, an applicant
who proposes to construct waste water treatment works may
enter into an agreement with the Administrator under this
subsection providing for the preparation of construction plans
and specifications and the erection of such treatment works, in
lieu of proceeding under the other provisions of this section.
(2) LIMITATION ON PROJECTS.—Agreements under this subsection
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 treatment
systems: aerated lagoons, trickling filters, stabilization
ponds, land application systems, sand filters, and subsurface
disposal systems.
(3) REQUIRED TERMS.—An agreement entered into under
this subsection shall—
(A) set forth an amount agreed to as the maximum
Federal contribution to the project, based upon a competitively
bid document of basic design data and applicable
standard construction specifications and a determination
of the federally eligible costs of the project at the applicable
Federal share under section 202 of this Act;
(B) set forth dates for the start and completion of construction
of the treatment works by the applicant and a
schedule of payments of the Federal contribution to the
project;
(C) contain assurances by the applicant that (i) engineering
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 specified
as the date of completion of construction of the treatment
works, the treatment works will be operating so as
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 Administrator
to protect the Federal interest in the project;
and
(E) contain such other terms and conditions as are
necessary to assure compliance with this title (except as
provided in paragraph (4) of this subsection).
(4) LIMITATION ON APPLICATION.—Subsections (a), (b), and
(c) of this section shall not apply to grants made pursuant to
this subsection.
(5) RESERVATION TO ASSURE COMPLIANCE.—The Administrator
shall reserve a portion of the grant to assure contract
compliance until final project approval as defined by the Administrator.
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) LIMITATION ON OBLIGATIONS.—The Administrator shall
not obligate more than 20 percent of the amount allotted to a
State for a fiscal year under section 205 of this Act for grants
pursuant to this subsection.
(7) ALLOWANCE.—The Administrator shall determine an allowance
for facilities planning for projects constructed under
this subsection in accordance with section 201(l).
(8) LIMITATION ON FEDERAL CONTRIBUTIONS.—In no event
shall the Federal contribution for the cost of preparing construction
plans and specifications and the building and erection
of treatment works pursuant to this subsection exceed the
amount agreed upon under paragraph (3).
(9) RECOVERY ACTION.—In any case in which the recipient
of a grant made pursuant to this subsection does not comply
with the terms of the agreement entered into under paragraph
(3), the Administrator is authorized to take such action as may
be necessary to recover the amount of the Federal contribution
to the project.
(10) PREVENTION OF DOUBLE BENEFITS.—A recipient of a
grant made pursuant to this subsection shall not be eligible for
any other grants under this title for the same project.
(33 U.S.C. 1283)
LIMITATIONS AND CONDITIONS
SEC. 204. (a) Before approving grants for any project for any
treatment works under section 201(g)(1) the Administrator shall
determine—
(1) that any required areawide waste treatment management
plan under section 208 of this Act (A) is being implemented
for such area and the proposed treatment works are included
in such plan, or (B) is being developed for such area and
reasonable progress is being made toward its implementation
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 204 FEDERAL WATER POLLUTION CONTROL ACT 58
1 So in law. The period should be a semicolon.
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 proposed
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 applicable
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 promulgated
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 treatment
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 section
304(d)(3) of this Act.1
(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 employment
of trained management and operations personnel, and
the maintenance of such works in accordance with a plan of operation
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 capacity
at a date when such capacity will be required, after taking
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 capacity
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 within
the jurisdiction of the applicant to be served by such treatment
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,
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 appropriate.
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 erection,
building, acquisition, alteration, remodeling, improvement,
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 greater
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 proprietary,
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 uneconomical
to make a clear and accurate description of the technical
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 Administrator
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 treatment
services within the applicant’s jurisdiction, as determined by
the Administrator, will pay its proportionate share (except as otherwise
provided in this paragraph) of the costs of operation and
maintenance (including replacement) of any waste treatment services
provided by the applicant; and (B) has legal, institutional,
managerial, and financial capability to insure adequate construction,
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 maintenance
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),
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 dedication
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-residential
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 Administrator
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 appropriate
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 determine
the adequacy of charges imposed on classes and categories of
users reflecting all factors that influence the cost of waste treatment,
including strength, volume, and delivery flow rate characteristics
of waste; and (C) model systems and rates of user charges
typical of various treatment works serving municipal-industrial
communities.
(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 system
by which the necessary funds will be available for the proper
operation and maintenance of the treatment works; and (B) the applicant
to establish a procedure under which the residential user
will be notified as to that portion of his total payment which will
be allocated to the costs of the waste treatment services.
(c) The next to the last sentence of paragraph (5) of subsection
(a) of this section shall not apply in any case where a primary, secondary,
or advanced waste treatment facility or its related interceptors
has received a grant for erection, building, acquisition, alteration,
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-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 supervising
construction or providing architect engineering services during
construction shall continue its relationship to the grant applicant
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 Federal
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 operator
of such treatment works shall certify to the Administrator
whether or not such treatment works meet the design specifications
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 effluent
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, guarantees,
or indemnity or other contractual requirements from any
party to a contract pertaining to a project assisted under this title,
than those provided under this subsection.
(33 U.S.C. 1284)
ALLOTMENT
SEC. 205. (a) Sums authorized to be appropriated pursuant to
section 207 for each fiscal year beginning after June 30, 1972, before
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 Amendments
of 1972. Such sums shall be allotted among the States by
the Administrator in accordance with regulations promulgated by
him, in the ratio that the estimated cost of constructing all needed
publicly owned treatment works in each State bears to the estimated
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 allotment
less than that which it received for the fiscal year ending
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 available
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 Wastewater
Treatment Construction Grant Amendments of 1981. Notwithstanding
any other provision of law, sums authorized for the
fiscal year ending September 30, 1982, shall be allotted in accordance
with table 3 of Committee Print Numbered 95–30 of the Committee
on Public Works and Transportation of the House of Representatives.
Sums authorized for the fiscal years ending September
30, 1983, September 30, 1984, September 30, 1985, and
September 30, 1986, shall be allotted in accordance with the following
table:
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
63 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
Fiscal years 1983
through 1985 1
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
1 So in original. Probably should be ‘‘1986’’.
(3) FISCAL YEARS 1987–1990.—Sums authorized to be appropriated
pursuant to section 207 for the fiscal years 1987, 1988,
1989, and 1990 shall be allotted for each such year by the Administrator
not later than the 10th day which begins after the
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 following
table:
States:
Alabama ………………………………………………………………………………………. .011309
Alaska ………………………………………………………………………………………….. .006053
Arizona ………………………………………………………………………………………… .006831
Arkansas ……………………………………………………………………………………… .006616
California …………………………………………………………………………………….. .072333
Colorado ………………………………………………………………………………………. .008090
Connecticut ………………………………………………………………………………….. .012390
Delaware ……………………………………………………………………………………… .004965
District of Columbia ……………………………………………………………………… .004965
Florida …………………………………………………………………………………………. .034139
Georgia ………………………………………………………………………………………… .017100
Hawaii …………………………………………………………………………………………. .007833
Idaho ……………………………………………………………………………………………. .004965
Illinois ………………………………………………………………………………………….. .045741
Indiana ………………………………………………………………………………………… .024374
Iowa …………………………………………………………………………………………….. .013688
Kansas …………………………………………………………………………………………. .009129
Kentucky ……………………………………………………………………………………… .012872
Louisiana ……………………………………………………………………………………… .011118
Maine …………………………………………………………………………………………… .007829
Maryland ……………………………………………………………………………………… .024461
Massachusetts ………………………………………………………………………………. .034338
Michigan ………………………………………………………………………………………. .043487
Minnesota …………………………………………………………………………………….. .018589
Mississippi …………………………………………………………………………………… .009112
Missouri ……………………………………………………………………………………….. .028037
Montana ………………………………………………………………………………………. .004965
Nebraska ……………………………………………………………………………………… .005173
Nevada ………………………………………………………………………………………… .004965
New Hampshire ……………………………………………………………………………. .010107
New Jersey …………………………………………………………………………………… .041329
New Mexico ………………………………………………………………………………….. .004965
New York …………………………………………………………………………………….. .111632
North Carolina ……………………………………………………………………………… .018253
North Dakota ……………………………………………………………………………….. .004965
Ohio …………………………………………………………………………………………….. .056936
Oklahoma …………………………………………………………………………………….. .008171
Oregon …………………………………………………………………………………………. .011425
Pennsylvania ………………………………………………………………………………… .040062
Rhode Island ………………………………………………………………………………… .006791
South Carolina ……………………………………………………………………………… .010361
South Dakota ……………………………………………………………………………….. .004965
Tennessee …………………………………………………………………………………….. .014692
Texas …………………………………………………………………………………………… .046226
Utah …………………………………………………………………………………………….. .005329
Vermont ……………………………………………………………………………………….. .004965
Virginia ……………………………………………………………………………………….. .020698
Washington ………………………………………………………………………………….. .017588
West Virginia ……………………………………………………………………………….. .015766
Wisconsin …………………………………………………………………………………….. .027342
Wyoming ……………………………………………………………………………………… .004965
American Samoa …………………………………………………………………………… .000908
Guam …………………………………………………………………………………………… .000657
Northern Marianas ……………………………………………………………………….. .000422
Puerto Rico …………………………………………………………………………………… .013191
Pacific Trust Territories ………………………………………………………………… .001295
Virgin Islands ………………………………………………………………………………. .000527
(d) Sums allotted to the States for a fiscal year shall remain
available for obligation for the fiscal year for which authorized and
for the period of the next succeeding twelve months. The amount
of any allotment not obligated by the end of such twenty-four-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
65 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
1 P.L. 97–117 added this phrase with a period at the end; probably should be a comma.
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 thereafter
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 receive
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 appropriation
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 authority
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 necessary
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 authorized
to be reserved shall not exceed 4 per centum.1 or $400,000
whichever amount is the greater. Sums so reserved shall be available
for making grants to such State under paragraph (2) of this
subsection for the same period as sums are available from such allotment
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 manner
and to the same extent as such last allotment. Sums authorized
to be reserved by this paragraph shall be in addition to and
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 reasonable
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 71⁄2 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 Administrator
may set aside no more than 71⁄2 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 conventional
sewage treatment works for municipalities having a population
of three thousand five hundred or less, or for the highly dispersed
sections of larger municipalities, as defined by the Administrator.
(i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE PROJECTS.—
Not less than 1⁄2 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 treatment
works utilizing innovative processes and techniques pursuant
to section 202(a)(2) of this Act. Including the expenditures authorized
by the preceding sentence, a total of 2 percent of the funds allotted
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 Governor
of the State) of not less than 4 percent nor more than 71⁄2
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 obligation
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 planning,
including, but not limited to—
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
67 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
(A) identifying most cost effective and locally acceptable facility
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);
(C) determining the nature, extent, and causes of water
quality problems in various areas of the State and interstate
region, and reporting on these annually; and
(D) determining those publicly owned treatment works
which should be constructed with assistance under this title, in
which areas and in what sequence, taking into account the relative
degree of effluent reduction attained, the relative contributions
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 paragraph
(2) of this subsection, a State shall develop jointly with local,
regional, and interstate entities, a plan for carrying out the program
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 organizations
and with the approval of the Administrator, determines
that allocation of at least 40 percent of such amount to such organizations
will not result in significant participation by such organizations
in water quality management planning and not significantly
assist in development and implementation of the plan described
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) NONPOINT SOURCE RESERVATION.—In addition to the
sums reserved under paragraph (1), the Administrator shall reserve
each fiscal year for each State 1 percent of the sums allotted
and available for obligation to such State under this section
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 September
30, 1982, an amount necessary to pay the entire cost of conveying
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 205 FEDERAL WATER POLLUTION CONTROL ACT 68
1 So in original. Probably should be ‘‘such’’.
addition to and not in lieu of any other amounts authorized to be
allotted to such State under this Act.
(l) MARINE ESTUARY RESERVATION.—
(1) RESERVATION OF FUNDS.—
(A) GENERAL RULE.—Prior to making allotments
among the States under subsection (c) of this section, the
Administrator shall reserve funds from sums appropriated
pursuant to section 207 for each fiscal year beginning after
September 30, 1986.
(B) FISCAL YEARS 1987 AND 1988.—For each of fiscal
years 1987 and 1988 the reservation shall be 1 percent of
the sums appropriated pursuant to section 207 for such fiscal
year.
(C) FISCAL YEARS 1989 AND 1990.—For each of fiscal
years 1989 and 1990 the reservation shall be 11⁄2 percent
of the funds appropriated pursuant to section 207 for such
fiscal year.
(2) USE OF FUNDS.—Of the sums reserved under this subsection,
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 combined
storm water and sanitary sewer overflows from adjacent
urban complexes, and one-third shall be available for the implementation
of section 320 of this Act, relating to the national
estuary program.
(3) PERIOD OF AVAILABILITY.—Sums reserved under this
subsection shall be subject to the period of availability for obligation
established by subsection (d) of this section.
(4) TREATMENT OF CERTAIN BODY OF WATER.—For purposes
of this section and section 201(n), Newark Bay, New Jersey,
and the portion of the Passaic River up to Little Falls, in the
vicinity of Beatties Dam, shall be treated as a marine bay and
estuary.
(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTION
CONTROL REVOLVING FUNDS.—
(1) FROM CONSTRUCTION GRANT ALLOTMENTS.—In addition
to any amounts deposited in a water pollution control revolving
fund established by a State under title VI, upon request of the
Governor of such State, the Administrator shall make available
to the State for deposit, as capitalization grants, in such fund
in any fiscal year beginning after September 30, 1986, such
portion of the amounts allotted to such State under this section
for such fiscal year as the Governor considers appropriate; except
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 1 fiscal year.
(2) NOTICE REQUIREMENT.—The Governor of a State may
make a request under paragraph (1) for a deposit into the
water pollution control revolving fund of such State—
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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) EXCEPTION.—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
SEC. 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 assistance,
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 comprehensive
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 eligible
for Federal financial assistance under this Act in a State between
June 30, 1956, and June 30, 1966, which was approved by
the State water pollution control agency and which the Administrator
finds meets the requirements of section 8 of this Act prior
to the date of enactment of the Federal Water Pollution Control Act
Amendments of 1972 but which was constructed without assistance
under such section 8 or which received such assistance in an
amount less than 30 per centum of the cost of such project shall
qualify for payments and reimbursement of State or local funds
used for such project from sums allocated to such State under this
section in an amount which shall not exceed the difference between
the amount of such assistance, if any, received for such project and
30 per centum of the cost of such project.
(c) No publicly owned treatment works shall receive any payment
or reimbursement under subsection (a) or (b) of this section
unless an application for such assistance is filed with the Administrator
within the one year period which begins on the date of enactment
of the Federal Water Pollution Control Act Amendments of
1972. Any application filed within such one year period may be revised
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 reimbursement
due such project as the total of such funds for such year
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 subsection
(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 allotted
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 Federal
funds and in accordance with all procedures and all requirements
applicable to treatment works projects, except those procedures
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 fiscal
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 Administrator
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 eligible
to receive such payment based on the allotment and appropriation
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 Administrator
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 considered
completed until an application under the provisions of this
subsection with respect to such project has been approved by the
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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
SEC. 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 appropriation
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 ending
September 30, 1986, September 30, 1987, and September 30,
1988, not to exceed $2,400,000,000; and for each of the fiscal years
ending September 30, 1989, and September 30, 1990, not to exceed
$1,200,000,000.
(33 U.S.C. 1287)
AREAWIDE WASTE TREATMENT MANAGEMENT
SEC. 208. (a) For the purpose of encouraging and facilitating
the development and implementation of areawide waste treatment
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 publish
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 identification
and after consultation with appropriate elected and
other officials of local governments having jurisdiction in such
areas, the Governor shall designate (A) the boundaries of each
such area, and (B) a single representative organization, including
elected officials from local governments or their designees,
capable of developing effective areawide waste treatment management
plans for such 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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 guidelines
published under paragraph (1) of this subsection, is located
in two or more States, the Governors of the respective
States shall consult and cooperate in carrying out the provisions
of 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 designating,
within one hundred and eighty days after publication
of guidelines issued pursuant to paragraph (1) of this subsection,
of a single representative organization capable of developing
effective areawide waste treatment management
plans for such area.
(4) If a Governor does not act, either by designating or determining
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 officials
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 portions
of such State which are not designated under paragraphs
(2), (3), or (4) of this subsection.
(7) Designations under this subsection shall be subject to
the approval of the Administrator.
(b)(1)(A) Not later than one year after the date of designation
of any organization under subsection (a) of this section such organization
shall have in operation a continuing areawide waste treatment
management planning process consistent with section 201 of
this Act. Plans prepared in accordance with this process shall contain
alternatives for waste treatment management, and be applicable
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 subsection
(a)(6), the initial plan prepared in accordance with such
process shall be certified by the Governor and submitted to the Administrator
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—
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 improved
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 completion
of all treatment works;
(C) the establishment of a regulatory program to—
(i) implement the waste treatment management requirements
of section 201(c),
(ii) regulate the location, modification, and construction
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 applicable
pretreatment requirements;
(D) the identification of those agencies necessary to construct,
operate, and maintain all facilities required by the plan
and otherwise to carry out the plan;
(E) the identification of the measures necessary to carry
out the plan (including financing), the period of time necessary
to carry out the plan, the costs of carrying out the plan within
such time, and the economic, social, and environmental impact
of carrying out the plan within such time;
(F) a process to (i) identify, if appropriate, agriculturally
and silviculturally related nonpoint sources of pollution, including
return flows from irrigated agriculture, and their cumulative
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 procedures
and methods (including land use requirements) to control
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 feasible
such sources;
(I) a process to (i) identify, if appropriate, salt water intrusion
into rivers, lakes, and estuaries resulting from reduction
of fresh water flow from any cause, including irrigation, obstruction,
ground water extraction, and diversion, and (ii) set
forth procedures and methods to control such intrusion to the
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 208 FEDERAL WATER POLLUTION CONTROL ACT 74
extent feasible where such procedures and methods are otherwise
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 certified
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 Administrator
for his approval.
(4)(A) Whenever the Governor of any State determines (and notifies
the Administrator) that consistency with a statewide regulatory
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 throughout
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 affects
navigable waters, which shall complement and be coordinated
with a State program under section 404 conducted pursuant
to this Act.
(iii) A process to assure that any activity conducted pursuant
to a best management practice will comply with the guidelines
established under section 404(b)(1), and sections 307 and
403 of this Act.
(iv) A process to assure that any activity conducted pursuant
to a best management practice can be terminated or modified
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 temporary
or permanent reduction or elimination of the discharge
pursuant to the best management practice.
(v) A process to assure continued coordination with Federal
and Federal-State water-related planning and reviewing
processes, including the National Wetlands Inventory.
(C) If the Governor of a State obtains approval from the Administrator
of a statewide regulatory program which meets the requirements
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 pursuant
to such section, or to comply with a general permit issued pursuant
to such section, with respect to any appropriate activity within
such State for which a best management practice has been ap-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 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, 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 approved
under this paragraph, the Administrator shall withdraw approval
of such program under this subparagraph only for a substantial
failure of the State to administer its program in accordance
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 potential
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, unless,
within 120 days of such designation, he finds that the designated
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 related
facilities serving such area in conformance with any plan
required by subsection (b) of this section;
(C) directly or by contract, to design and construct new
works, and to operate and maintain new and existing works as
required by any plan developed pursuant to subsection (b) of
this section;
(D) to accept and utilize grants, or other funds from any
source, for waste treatment management purposes;
(E) to raise revenues, including the assessment of waste
treatment charges;
(F) to incur short- and long-term indebtedness;
(G) to assure in implementation of an areawide waste
treatment management plan that each participating community
pays its proportionate share of treatment costs;
(H) to refuse to receive any wastes from any municipality
or subdivision thereof, which does not comply with any provisions
of an approved plan under this section applicable to such
area; and
(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 approved
under subsection (b) of this section, the Administrator shall
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 208 FEDERAL WATER POLLUTION CONTROL ACT 76
1 So in original. Probably should be ‘‘designated’’.
not make any grant for construction of a publicy owned treatment
works under section 201(g)(1) within such area except to such designated
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 designated
under subsection (a) of this section for payment of the reasonable
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 paragraph
(1) of this subsection, the amount of such grant shall not exceed
75 per centum of the costs of developing and operating a continuing
areawide waste treatment management planning process in
any year.
(3) Each applicant for a grant under this subsection shall submit
to the Administrator for his approval each proposal for which
a grant is applied for under this subsection. The Administrator
shall act upon such proposal as soon as practicable after it has
been 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 provided
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 ending
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 Governor
or the designated planning agency, and without reimbursement,
to consult with, and provide technical assistance to, any
agency designated under subsection (a) of this section in the development
of areawide waste treatment management plans under subsection
(b) of this section.
(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 1 under subsection (a) of this section in devel-

77 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208
oping and operating a continuing areawide waste treatment management
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 program
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 Inventory
of the United States, by December 31, 1981, and to provide information
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 operators
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 district,
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 Administrator,
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;
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 refund
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 determines
are desirable and includes in the contract to effectuate
the purposes of the program or to facilitate the practical administration
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 Secretary
determines is necessary and appropriate to effectuate the installation
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 requirement
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 landowner
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 administration
thereof or to accomplish equitable treatment with respect
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 significant
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 agreements
with soil conservation districts, State soil and water conservation
agencies, or State water quality agencies to administer
all or part of the program established in this subsection under regulations
developed by the Secretary. Such agreements shall provide
for the submission of such reports as the Secretary deems necessary,
and for payment by the United States of such portion of the
costs incurred in the administration of the program as the Secretary
may deem appropriate.
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 subsection
(c)(1) of this section assures an adequate level of participation
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 determine
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-Federal
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 Secretary
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 necessary
for fiscal years 1983 through 1990, to carry out this subsection.
The program authorized under this subsection shall be in
addition to, and not in substitution of, other programs in such area
authorized by this or any other public law.
(33 U.S.C. 1288)
BASIN PLANNING
SEC. 209. (a) The President, acting through the Water Resources
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 carrying
out this section. The first such report shall be submitted not
later than January 31, 1973.
(c) There is authorized to be appropriated to carry out this section
not to exceed $200,000,000.
(33 U.S.C. 1289)
ANNUAL SURVEY
SEC. 210. The Administrator shall annually make a survey to
determine the efficiency of the operation and maintenance of treatment
works constructed with grants made under this Act, as compared
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)
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 211 FEDERAL WATER POLLUTION CONTROL ACT 80
SEWAGE COLLECTION SYSTEMS
SEC. 211. (a) No grant shall be made for a sewage collection
system under this title unless such grant (1) is for replacement or
major rehabilitation of an existing collection system and is necessary
to the total integrity and performance of the waste treatment
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 determining
the needs for such system in relation to ground or surface
water quality impact.
(c) No grant shall be made under this title from funds authorized
for any fiscal year during the period beginning October 1,
1977, and ending September 30, 1990, for treatment works for control
of pollutant discharges from separate storm sewer systems.
(33 U.S.C. 1291)
DEFINITIONS
SEC. 212. As used in this title—
(1) The term ‘‘construction’’ means any one or more of the following:
preliminary planning to determine the feasibility of treatment
works, engineering, architectural, legal, fiscal, or economic investigations
or studies, surveys, designs, plans, working drawings,
specifications, procedures, field testing of innovative or alternative
waste water treatment processes and techniques meeting guidelines
promulgated under section 304(d)(3) of this Act, or other necessary
actions, erection, building, acquisition, alteration, remodeling,
improvement, or extension of treatment works, or the inspection
or supervision of any of the foregoing items.
(2)(A) The term ‘‘treatment works’’ means any devices and systems
used in the storage, treatment, recycling, and reclamation of
municipal sewage or industrial wastes of a liquid nature to implement
section 201 of this act, or necessary to recycle or reuse water
at the most economical cost over the estimated life of the works,
including intercepting sewers, outfall sewers, sewage collection systems,
pumping, power, and other equipment, and their appurtenances;
extensions, improvements, remodeling, additions, and alterations
thereof; elements essential to provide a reliable recycled
supply such as standby treatment units and clear well facilities;
and any works, including site acquisition of the land that will be
an integral part of the treatment process (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 resulting
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, separating,
or disposing of municipal waste, including storm water runoff,
or industrial waste, including waste in combined storm water
and sanitary sewer systems. Any application for construction
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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.
(C) For the purposes of subparagraph (B) of this paragraph,
the Administrator shall, within one hundred and eighty days after
the date of enactment of this title, publish and thereafter revise no
less often than annually, guidelines for the evaluation of methods,
including cost-effective analysis, described in subparagraph (B) of
this paragraph.
(3) The term ‘‘replacement’’ as used in this title means those
expenditures for obtaining and installing equipment, accessories, or
appurtenances during the useful life of the treatment works necessary
to maintain the capacity and performance for which such
works are designed and constructed.
(33 U.S.C. 1292)
LOAN GUARANTEES FOR CONSTRUCTION OF TREATMENT WORKS
SEC. 213. (a) Subject to the conditions of this section and to
such terms and conditions as the Administrator determines to be
necessary to carry out the purposes of this title, the Administrator
is authorized to guarantee, and to make commitments to guarantee,
the principal and interest (including interest accruing between
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 finance
that part of the cost of any grant-eligible project for the construction
of publicly owned treatment works not paid for with Federal
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 finance
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 relationship
to the current average yield on outstanding marketable obligations
of municipalities of comparable maturity.
(c) The Administrator is authorized to charge reasonable fees
for the investigation of an application for a guarantee and for the
issuance of a commitment to make a guarantee.
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 214 FEDERAL WATER POLLUTION CONTROL ACT 82
(d) The Administrator, in determining whether there is a reasonable
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
SEC. 214. The Administrator shall develop and operate within
one year of the date of enactment of this section, a continuing program
of public information and education on recycling and reuse of
wastewater (including sludge), the use of land treatment, and
methods for the reduction of wastewater volume.
(33 U.S.C. 1294)
REQUIREMENTS FOR AMERICAN MATERIALS
SEC. 215. Notwithstanding any other provision of law, no grant
for which application is made after February 1, 1978, shall be
made under this title for any treatment works unless only such unmanufactured
articles, materials, and supplies as have been mined
or produced in the United States, and only such manufactured articles,
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, including
the available resources of the agency, it to be inconsistent with
the public interest (including multilateral government procurement
agreements) or the cost to be unreasonable, or if articles, materials,
or supplies of the class or kind to be used or the articles, materials,
or supplies from which they are manufactured are not mined, produced,
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
SEC. 216. Notwithstanding any other provision of this Act, the
determination of the priority to be given each category of projects
for construction of publicly owned treatment works within each
State shall be made solely by that State, except that if the Administrator,
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 appurtenances,
(F) new interceptors and appurtenances, and (G) correction
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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 wastewater
treatment and management undertaken with Federal financial
assistance under this Act by any State, municipality, or intermunicipal
or interstate agency shall be projects which, in the estimation
of the State, are designed to achieve optimum water quality
management, consistent with the public health and water quality
goals and requirements of the Act.
(33 U.S.C. 1296)
COST-EFFECTIVENESS GUIDELINES
SEC. 217. Any guidelines for cost-effectiveness analysis published
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
SEC. 218. (a) It is the policy of Congress that a project for
waste treatment and management undertaken with Federal financial
assistance under this Act by any State, municipality, or intermunicipal
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 storage,
treatment, recycling, and reclamation of municipal sewage or
industrial wastes of a liquid nature to implement section 201 of
this Act, or necessary to recycle or reuse water at the most economical
cost over the estimated life of the works, including intercepting
sewers, outfall sewers, sewage collection systems, pumping
power, and other equipment, and their appurtenances; extension,
improvements, remodeling, additions, and alterations thereof; elements
essential to provide a reliable recycled supply such as standby
treatment units and clear well facilities; and any works, including
site acquisition of the land that will be an integral part of the
treatment process (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, treating,
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, improvement,
or extension of any treatment works the Administrator shall
determine that the facilities plan of which such treatment works
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 219 FEDERAL WATER POLLUTION CONTROL ACT 84
are a part constitutes the most economical and cost-effective combination
of treatment works over the life of the project to meet the
requirements of this Act, including, but not limited to, consideration
of construction costs, operation, maintenance, and replacement
costs.
(c) In furtherance of the policy set forth in subsection (a) of this
section, the Administrator shall require value engineering review
in connection with any treatment works, prior to approval of any
grant for the erection, building, acquisition, alteration, remodeling,
improvement, or extension of such treatment works, in any case in
which the cost of such erection, building, acquisition, alteration, remodeling,
improvement, or extension is projected to be in excess of
$10,000,000. For purposes of this subsection, the term ‘‘value engineering
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 saving
without sacrificing the reliability or efficiency of the project.
(d) This section applies to projects for waste treatment and
management for which no treatment works including a facilities
plan for such project have received Federal financial assistance for
the preparation of construction plans and specifications under this
Act before the date of enactment of this section.
(33 U.S.C. 1298)
STATE CERTIFICATION OF PROJECTS
SEC. 219. Whenever the Governor of a State which has been
delegated sufficient authority to administer the construction grant
program under this title in that State certifies to the Administrator
that a grant application meets applicable requirements of Federal
and State law for assistance under this title, the Administrator
shall approve or disapprove such application within 45 days of the
date of receipt of such application. If the Administrator does not
approve or disapprove such application within 45 days of receipt,
the application shall be deemed approved. If the Administrator disapproves
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) POLICY.—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 provisions
of section 101(g).
(b) IN GENERAL.—The Administrator may establish a pilot program
to make grants to State, interstate, and intrastate water resource
development agencies (including water management districts
and water supply authorities), local government agencies, private
utilities, and nonprofit entities for alternative water source
projects to meet critical water supply needs.
(c) ELIGIBLE ENTITY.—The Administrator may make grants
under this section to an entity only if the entity has authority
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
85 FEDERAL WATER POLLUTION CONTROL ACT sec. 220
under State law to develop or provide water for municipal, industrial,
and agricultural uses in an area of the State that is experiencing
critical water supply needs.
(d) SELECTION OF PROJECTS.—
(1) LIMITATION.—A project that has received funds under
the reclamation and reuse program conducted under the Reclamation
Projects Authorization and Adjustment Act of 1992
(43 U.S.C. 390h et seq.) shall not be eligible for grant assistance
under this section.
(2) ADDITIONAL CONSIDERATION.—In making grants under
this section, the Administrator shall consider whether the
project is located within the boundaries of a State or area referred
to in section 1 of the Reclamation Act of June 17, 1902
(32 Stat. 385), and within the geographic scope of the reclamation
and reuse program conducted under the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h et seq.).
(3) GEOGRAPHICAL DISTRIBUTION.—Alternative water
source projects selected by the Administrator under this section
shall reflect a variety of geographical and environmental
conditions.
(e) COMMITTEE RESOLUTION PROCEDURE.—
(1) IN 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 Representatives
or the Committee on Environment and Public
Works of the Senate.
(2) REQUIREMENTS FOR SECURING CONSIDERATION.—For
purposes of securing consideration of approval under paragraph
(1), the Administrator shall provide to a committee referred
to in paragraph (1) such information as the committee
requests and the non-Federal sponsor shall provide to the committee
information on the costs and relative needs for the alternative
water source project.
(f) USES OF GRANTS.—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 critical
water supply needs. Such amounts may not be used for planning,
feasibility studies or for operation, maintenance, replacement,
repair, or rehabilitation.
(g) COST SHARING.—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) REPORTS.—On or before September 30, 2004, the Administrator
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) DEFINITIONS.—In this section, the following definitions
apply:
(1) ALTERNATIVE WATER SOURCE PROJECT.—The term ‘‘alternative
water source project’’ means a project designed to
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 221 FEDERAL WATER POLLUTION CONTROL ACT 86
provide municipal, industrial, and agricultural water supplies
in an environmentally sustainable manner by conserving, managing,
reclaiming, or reusing water or wastewater or by treating
wastewater. Such term does not include water treatment
or distribution facilities.
(2) CRITICAL 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) AUTHORIZATION OF APPROPRIATIONS.—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) IN GENERAL.—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 entity
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 purposes
described in paragraph (1).
(b) PRIORITIZATION.—In selecting from among municipalities
applying for grants under subsection (a), a State or the Administrator
shall give priority to an applicant that—
(1) is a municipality that is a financially distressed community
under subsection (c);
(2) has implemented or is complying with an implementation
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.
(c) FINANCIALLY DISTRESSED COMMUNITY.—
(1) DEFINITION.—In subsection (b), the term ‘‘financially
distressed community’’ means a community that meets affordability
criteria established by the State in which the community
is located, if such criteria are developed after public review
and comment.
(2) CONSIDERATION OF IMPACT ON WATER AND SEWER
RATES.—In determining if a community is a distressed community
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
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) INFORMATION TO ASSIST STATES.—The Administrator
may publish information to assist States in establishing affordability
criteria under paragraph (1).
(d) COST-SHARING.—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) ADMINISTRATIVE REPORTING REQUIREMENTS.—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 pollution
control revolving fund administrative reporting requirements
for the purposes of streamlining such requirements.
(f ) AUTHORIZATION OF APPROPRIATIONS.—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) ALLOCATION OF FUNDS.—
(1) FISCAL YEAR 2002.—Subject to subsection (h), the Administrator
shall use the amounts appropriated to carry out
this section for fiscal year 2002 for making grants to municipalities
and municipal entities under subsection (a)(2), in accordance
with the criteria set forth in subsection (b).
(2) FISCAL YEAR 2003.—Subject to subsection (h), the Administrator
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 subsection
(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) ADMINISTRATIVE EXPENSES.—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 administering
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
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 88
municipal entity under subsection (a), for the reasonable and
necessary costs of administering the grant.
(i) REPORTS.—Not later than December 31, 2003, and periodically
thereafter, the Administrator shall transmit to Congress a report
containing recommended funding levels for grants under this
section. The recommended funding levels shall be sufficient to ensure
the continued expeditious implementation of municipal combined
sewer overflow and sanitary sewer overflow controls nationwide.
(33 U.S.C. 1301)
TITLE III—STANDARDS AND ENFORCEMENT
EFFLUENT LIMITATIONS
SEC. 301. (a) Except as in compliance with this section and sections
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 control
technology currently available as defined by the Administrator
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 section
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 completed
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,
(C) not later than July 1, 1977, any more stringent limitation,
including those necessary to meet water quality standards,
treatment standards, or schedule of compliance, established
pursuant to any State law or regulations, (under authority
preserved by section 510) or any other Federal law or regulation,
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 treatment
works, which (i) shall require application of the best
available technology economically achievable for such category
or class, which will result in reasonable further progress toward
the national goal of eliminating the discharge of all pollutants,
as determined in accordance with regulations issued
by the 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-
Q:\COMP\WATER2\CLEANWAT.002
November 27, 2002
89 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
veloped pursuant to section 315), that such elimination is technologically
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 requirements
of subparagraph (B) of this paragraph, shall require
compliance with any applicable pretreatment requirements
and any other requirement under section 307 of this
Act;
[(B) subparagraph (B) repealed by section 21(b) of P.L. 97–
117.]
(C) with respect to all toxic pollutants referred to in table
1 of Committee Print Numbered 95–30 of the Committee on
Public Works and Transportation of the House of Representatives
compliance with effluent limitations 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 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 effluent
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 promulgated
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 promulgated
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 treatment
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 pursuant
to section 304(b)(4) of this Act; and
(F) for all pollutants (other than those subject to subparagraphs
(C), (D), or (E) of this paragraph) compliance with effluent
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 requiring
a level of control substantially greater or based on fundamentally
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 paragraph
(1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 expeditiously
as practicable but in no case later than three years
after the date such limitations are established, and in no case
later than March 31, 1989.
(c) The Administrator may modify the requirements of subsection
(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 showing
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 subsection
(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 discharge
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 warfare
agent, any high-level radioactive waste, or any medical waste,
into the navigable waters.
(g) MODIFICATIONS FOR CERTAIN NONCONVENTIONAL POLLUTANTS.—
(1) GENERAL AUTHORITY.—The Administrator, with the
concurrence of the State, may modify the requirements of subsection
(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) REQUIREMENTS FOR GRANTING MODIFICATIONS.—A
modification under this subsection shall be granted only upon
a showing by the owner or operator of a point source satisfactory
to the Administrator that—
(A) such modified requirements will result at a minimum
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
(C) such modification will not interfere with the attainment
or maintenance of that water quality which shall
assure protection of public water supplies, and the protection
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-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
91 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
icity (including carcinogenicity, mutagenicity or
teratogenicity), or synergistic propensities.
(3) LIMITATION ON AUTHORITY TO APPLY FOR SUBSECTION (c)
MODIFICATION.—If an owner or operator of a point source applies
for a modification under this subsection with respect to
the discharge of any pollutant, such owner or operator shall be
eligible to apply for modification under subsection (c) of this
section with respect to such pollutant only during the same
time-period as he is eligible to apply for a modification under
this subsection.
(4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.—
(A) GENERAL AUTHORITY.—Upon petition of any person,
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 section
307(a) of this Act, and the thermal component of discharges)
in accordance with the provisions of this paragraph.
(B) REQUIREMENTS FOR LISTING.—
(i) SUFFICIENT INFORMATION.—The person petitioning
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) TOXIC CRITERIA DETERMINATION.—The Administrator
shall determine whether or not the pollutant
meets the criteria for listing as a toxic pollutant under
section 307(a) of this Act.
(iii) LISTING AS TOXIC POLLUTANT.—If the Administrator
determines that the pollutant meets the criteria
for listing as a toxic pollutant under section
307(a), the Administrator shall list the pollutant as a
toxic pollutant under section 307(a).
(iv) NONCONVENTIONAL CRITERIA DETERMINATION.—
If the Administrator determines that the pollutant
does not meet the criteria for lising as a toxic
pollutant under such section and determines that adequate
test methods and sufficient data are available to
make the determinations required by paragraph (2) of
this subsection with respect to the pollutant, the Administrator
shall add the pollutant to the list of pollutants
specified in paragraph (1) of this subsection for
which modifications are authorized under this subsection.
(C) REQUIREMENTS FOR FILING OF PETITIONS.—A petition
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 guideline
under section 304;
(ii) may be filed before promulgation of such
guideline; and
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 92
(iii) may be filed with an application for a modification
under paragraph (1) with respect to the discharge
of such pollutant.
(D) DEADLINE FOR APPROVAL OF PETITION.—A decision
to add a pollutant to the list of pollutants for which modifications
under this subsection are authorized must be
made within 270 days after the date of promulgation of an
applicable effluent guideline under section 304.
(E) BURDEN OF PROOF.—The burden of proof for making
the determinations under subparagraph (B) shall be on
the petitioner.
(5) REMOVAL OF POLLUTANTS.—The Administrator may remove
any pollutant from the list of pollutants for which modifications
are authorized under this subsection if the Administrator
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 marine
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 combination
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 investigations
which are necessary to study the effects of the proposed
discharge;
(4) such modified requirements will not result in any additional
requirements on any other point or nonpoint source;
(5) all applicable pretreatment requirements for sources introducing
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 introduced
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 compliance
with all applicable pretreatment requirements, the applicant
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 pollutant;
(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 discharges
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 effective
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 mixing
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 movement
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 treatment’’
means treatment by screening, sedimentation, and skimming
adequate to remove at least 30 percent of the biological oxygen
demanding material and of the suspended solids in the treatment
works influent, and disinfection, where appropriate. A municipality
which applies secondary treatment shall be eligible to receive
a permit pursuant to this subsection which modifies the requirements
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 marine
waters. In order for a permit to be issued under this subsection
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 previously
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 application
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, shellfish,
fish and wildlife or recreational activities or such other standards
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 discharge.
Notwithstanding any other provisions of this subsection, no
permit may be issued under this subsection for discharge of a pollutant
into the New York Bight Apex consisting of the ocean waters
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 94
of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude
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) construction
cannot be completed with the time required in such subsection,
or (B) the United States has failed to make financial assistance
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 appropriate
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 Administrator
(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 subsections
(b) through (g) of section 201 of this Act, section 307 of this
Act, and such interim effluent limitations applicable to that treatment
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 treatment
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 treatment
works; or
(ii) if such point source (other than a publicly owned treatment
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 treatment
works, or engineering or architectural plans or working
drawings made before July 1, 1977, for a publicly owned treatment
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 accept
such discharge without construction, and in the case of a discharge
to an existing publicly owned treatment works, such treatment
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 enactment
of this subsection or the filing of a request by the appropriate
publicly owned treatment works under paragraph (1) of this
subsection, whichever is later. If the Administrator (or if appro-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
95 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
1 So in law. Probably should be ‘‘than’’.
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 subsections
(b)(1)(A) and (C) of this section and shall contain such
other terms and conditions, including pretreatment and interim effluent
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 subsection
shall extend beyond the earliest date practicable for compliance
or beyond the date of any extension granted to the appropriate
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 requirements
to subsections (b)(1) (B) and (C) of this section after receiving
the discharge from that point source; and (ii) the point source
and the publicly owned treatment works have entered into an enforceable
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 requires
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 1 the 365th day which begins after
the date of enactment of the Municipal Wastewater Treatment
Construction Grant Amendments of 1981, except that a publicly
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 treatment
works which has applied for or received modification
under subsection (h), may apply for a modification of subsection
(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 guideline
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 operate
to stay any requirement under this Act, unless in the judgment
of the Administrator such a stay or the modification sought
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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, persistency
in the environment, acute toxicity, chronic toxicity (including
carcinogenicity, mutagenicity or teratogenicity), or synergistic
propensities, and that there is a substantial likelihood that the applicant
will succeed on the merits of such application. In the case
of an application filed under subsection (g) of this section, the Administrator
may condition any stay granted under this paragraph
on requiring the filing of a bond or other appropriate security to
assure timely compliance with the requirements from which a
modification is sought.
(3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (g).—
(A) EFFECT OF FILING.—An application for a modification
under subsection (g) and a petition for listing of a pollutant
as a pollutant for which modifications are authorized
under such subsection shall not stay the requirement
that the person seeking such modification or listing comply
with effluent limitations under this Act for all pollutants
not the subject of such application or petition.
(B) EFFECT OF DISAPPROVAL.—Disapproval of an application
for a modification under subsection (g) shall not
stay the requirement that the person seeking such modification
comply with all applicable effluent limitations
under this Act.
(4) DEADLINE FOR SUBSECTION (g) DECISION.—An application
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 petition.
(5) EXTENSION OF APPLICATION DEADLINE.—
(A) IN GENERAL.—In the 180-day period beginning on
the date of the enactment of this paragraph, the city of
San Diego, California, may apply for a modification pursuant
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 marine
waters.
(B) APPLICATION.—An application under this paragraph
shall include a commitment by the applicant to implement
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 suspended
solids discharged by the applicant into the marine
environment during the period of the modification.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
97 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
(C) ADDITIONAL CONDITIONS.—The Administrator may
not grant a modification pursuant to an application submitted
under this paragraph unless the Administrator determines
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 discharge
to which the application applies.
(D) PRELIMINARY DECISION DEADLINE.—The Administrator
shall announce a preliminary decision on an application
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 toward
the national goal of eliminating the discharge of all pollutants,
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 effluent
limitation and moves toward the national goal of eliminating
the discharge of all pollutants, or by achieving the required reduction
with an innovative system that has the potential for significantly
lower costs than the systems which have been determined
by the Administrator to be economically achievable, the Administrator
(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 effluent
limitation which would otherwise be applicable under such subsection,
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 requirements
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 discharges
by an industrial discharger in such State into deep waters
of the territorial seas, if the applicant demonstrates and the Administrator
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 requirements
of subsections (b)(1)(A) and (b)(2)(E) and section
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 301 FEDERAL WATER POLLUTION CONTROL ACT 98
403 exceed by an unreasonable amount the benefits to be obtained,
including the objectives of this Act;
(C) the applicant has established a system for monitoring
the impact of such discharges on a representative sample of
aquatic biota;
(D) such modified requirements will not result in any additional
requirements on any other point or nonpoint source;
(E) there will be no new or substantially increased discharges
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, including
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 similarly
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 applicant
(or the parent company or any subsidiary thereof) as a result
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, indigenous
population of shellfish, fish, fauna, wildlife, and other aquatic
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 concerning
the relationship between effluent limitations and water
quality and the lack of essential knowledge of the effects of discharges
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 application
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 relationship
cannot be shown: Provided, That if the effluent from a source
with a permit issued under this subsection is contributing to a de-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
99 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
cline in ambient water quality of the receiving waters, the Administrator
shall terminate such permit.
(n) FUNDAMENTALLY DIFFERENT FACTORS.—
(1) GENERAL RULE.—The Administrator, with the
concurrance of the State, may establish an alternative requirement
under subsection (b)(2) or section 307(b) for a facility that
modifies the requirements of national effluent limitation guidelines
or categorical pretreatment standards that would otherwise
be applicable to such facility, if the owner or operator of
such facility demonstrates to the satisfaction of the Administrator
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 establishing
such national effluent limitation guidelines or categorical
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 effluent
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 supporting
data the applicant did not have a reasonable
opportunity to submit during such rulemaking;
(C) the alternative requirement is no less stringent
than justified by the fundamental difference; and
(D) the alternative requirement will not result in a
non-water quality environmental impact which is markedly
more adverse than the impact considered by the Administrator
in establishing such national affluent limitation
guideline or categorical pretreatment standard.
(2) TIME LIMIT FOR APPLICATIONS.—An application for an
alternative requirement which modifies the requirements of an
effluent limitation or pretreatment standard under this subsection
must be submitted to the Administrator within 180
days after the date on which such limitation or standard is established
or revised, as the case may be.
(3) TIME LIMIT FOR DECISION.—The Administrator shall approve
or deny by final agency action an application submitted
under this subsection within 180 days after the date such application
is filed with the Administrator.
(4) SUBMISSION OF INFORMATION.—The Administrator may
allow an applicant under this subsection to submit information
and supporting data until the earlier of the date the application
is approved or denied or the last day that the Administrator
has to approve or deny such application.
(5) TREATMENT OF PENDING APPLICATIONS.—For the purposes
of this subsection, an application for an alternative requirement
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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) EFFECT OF SUBMISSION OF APPLICATION.—An application
for an alternative requirement under this subsection shall
not stay the applicant’s obligation to comply with the effluent
limitation guideline or categorical pretreatment standard
which is the subject of the application.
(7) EFFECT OF DENIAL.—If an application for an alternative
requirement which modifies the requirements of an effluent
limitation or pretreatment standard under this subsection is
denied by the Administrator, the applicant must comply with
such limitation or standard as established or revised, as the
case may be.
(8) REPORTS.—By January 1, 1997, and January 1 of every
odd-numbered year thereafter, the Administrator shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
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 enactment.
(o) APPLICATION FEES.—The Administrator shall prescribe and
collect from each applicant fees reflecting the reasonable administrative
costs incurred in reviewing and processing applications for
modifications submitted to the Administrator pursuant to subsections
(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 Administrator
under this subsection shall be deposited into a special fund
of the Treasury entitled ‘‘Water Permits and Related Services’’
which shall thereafter be available for appropriation to carry out
activities of the Environmental Protection Agency for which such
fees were collected.
(p) MODIFIED PERMIT FOR COAL REMINING OPERATIONS.—
(1) IN GENERAL.—Subject to paragraphs (2) through (4) of
this subsection, the Administrator, or the State in any case
which the State has an approved permit program under section
402(b), may issue a permit under section 402 which modifies
the requirements of subsection (b)(2)(A) of this section with respect
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 respect
to the pH level or level of iron or manganese in any preexisting
discharge affected by the remining operation. Such
modified requirements shall apply the best available technology
economically achievable on a case-by-case basis, using
best professional judgment, to set specific numerical effluent
limitations in each permit.
(2) LIMITATIONS.—The Administrator or the State may
only issue a permit pursuant to paragraph (1) if the applicant
demonstrates to the satisfaction of the Administrator or the
State, as the case may be, that the coal remining operation will
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
101 FEDERAL WATER POLLUTION CONTROL ACT Sec. 302
result in the potential for improved water quality from the remining
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 levels
being discharged from the remined area before the coal remining
operation begins. No discharge from, or affected by, the
remining operation shall exceed State water quality standards
established under section 303 of this Act.
(3) DEFINITIONS.—For purposes of this subsection—
(A) COAL REMINING OPERATION.—The term ‘‘coal remining
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 Reclamation
Act of 1977.
(B) REMINED AREA.—The term ‘‘remined area’’ means
only that area of any coal remining operation on which
coal mining was conducted before the effective date of the
Surface Mining Control and Reclamation Act of 1977.
(C) PRE-EXISTING DISCHARGE.—The term ‘‘pre-existing
discharge’’ means any discharge at the time of permit application
under this subsection.
(4) APPLICABILITY OF STRIP MINING LAWS.—Nothing in this
subsection shall affect the application of the Surface Mining
Control and Reclamation Act of 1977 to any coal remining operation,
including the application of such Act to suspended solids.
(33 U.S.C. 1311)
WATER QUALITY RELATED EFFLUENT LIMITATIONS
SEC. 302. (a) Whenever, in the judgment of the Administrator
or as identified under section 304(l), discharges of pollutants from
a point source or group of point sources, with the application of effluent
limitations required under section 301(b)(2) of this Act,
would interfere with the attainment or maintenance of that water
quality in a specific portion of the navigable waters which shall assure
protection of public health, public water supplies, agricultural
and industrial uses, and the protection and propagation of a balanced
population of shellfish, fish and wildlife, and allow recreational
activities in and on the water, effluent limitations (including
alternative effluent control strategies) for such point source or
sources shall be established which can reasonably be expected to
contribute to the attainment or maintenance of such water quality.
(b) MODIFICATIONS OF EFFLUENT LIMITATIONS.—
(1) NOTICE AND HEARING.—Prior to establishment of any
effluent limitation pursuant to subsection (a) of this section,
the Administrator shall publish such proposed limitation and
within 90 days of such publication hold a public hearing.
(2) PERMITS.—
(A) NO REASONABLE RELATIONSHIP.—The Administrator,
with the concurrence of the State, may issue a permit
which modifies the effluent limitations required by
subsection (a) of this section for pollutants other than toxic
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 303 FEDERAL WATER POLLUTION CONTROL ACT 102
pollutants if the applicant demonstrates at such hearing
that (whether or not technology or other alternative control
strategies are available) there is no reasonable relationship
between the economic and social costs and the
benefits to be obtained (including attainment of the objective
of this Act) from achieving such limitation.
(B) REASONABLE PROGRESS.—The Administrator, with
the concurrence of the State, may issue a permit which
modifies the effluent limitations required by subsection (a)
of this section for toxic pollutants for a single period not
to exceed 5 years if the applicant demonstrates to the satisfaction
of the Administrator that such modified requirements
(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) toward
the requirements of subsection (a) of this section.
(c) The establishment of effluent limitations under this section
shall not operate to delay the application of any effluent limitation
established under section 301 of this Act.
(33 U.S.C. 1312)
WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS
SEC. 303. (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 effect
immediately prior to the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972. If the Administrator
makes such a determination he shall, 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 Federal
Water Pollution Control Act Amendments of 1972, has adopted,
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 unless
the Administrator determines that such standard is inconsistent
with the applicable requirements of this Act as in effect immediately
prior to the date of enactment of the Federal Water Pollution
Control Act Amendments of 1972. If the Administrator
makes such a determination he shall not later than the one hun-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
103 FEDERAL WATER POLLUTION CONTROL ACT Sec. 303
dred and twentieth day after the date of submission of such standards,
notify the State and specify the changes needed to meet such
requirements. If such changes are not adopted by the State within
ninety days after such notification, the Administrator shall promulgate
such changes in accordance with subsection (b) of this section.
(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 applicable
to intrastate waters shall, not later than one hundred and
eighty days after the date of enactment of the Federal Water Pollution
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 effect
immediately prior to the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972, he shall approve
such standards.
(C) If the Administrator determines that any such standards
are not consistent with the applicable requirements of this Act as
in effect immediately prior to the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972, he shall, not
later than 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 section.
(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 within
the times prescribed in subsection (a) of this section,
(B) a water quality standard submitted by such State
under subsection (a) of this section is determined by the Administrator
not to be consistent with the applicable requirements
of subsection (a) of this section.
(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 proposed
standard, unless prior to such promulgation, such State has
adopted a water quality standard which the Administrator determines
to be in accordance with subsection (a) of this section.
(c)(1) The Governor of a State or the State water pollution control
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 quality
standards and, as appropriate, modifying and adopting standards.
Results of such review shall be made available to the Administrator.
(2)(A) Whenever the State revises or adopts a new standard,
such revised or new standard shall be submitted to the Adminis-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 standards
shall be such as to protect the public health or welfare, enhance
the quality of water and serve the purposes of this Act. Such
standards shall be established taking into consideration their use
and value for public water supplies, propagation of fish and wildlife,
recreational purposes, and agricultural, industrial, and other
purposes, and also taking into consideration their use and value for
navigation.
(B) Whenever a State reviews water quality standards pursuant
to paragraph (1) of this subsection, or revises or adopts new
standards pursuant to this paragraph, such State shall adopt criteria
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, whenever
a State reviews water quality standards pursuant to paragraph
(1), or revises or adopts new standards pursuant to this
paragraph, such State shall adopt criteria based on biological monitoring
or assessment methods consistent with information published
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 revised
or new standard is not consistent with the applicable requirements
of this Act, he shall not later than the ninetieth day after
the date of submission of such standard notify the State and specify
the changes to meet such requirements. If such changes are not
adopted by the State within ninety days after the date of notification,
the Administrator shall promulgate such standard pursuant
to paragraph (4) of this subsection.
(4) The Administrator shall promptly prepare and publish proposed
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 requirements
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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.
(C) Each State shall establish for the waters identified in paragraph
(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 limitations
and water quality.
(D) Each State shall estimate for the waters identified in paragraph
(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 dissipative
capacity of the identified waters or parts thereof. Such estimates
shall include a calculation of the maximum heat input that
can be made into each such part and shall include a margin of safety
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 identification
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 Administrator
shall either approve or disapprove such identification and
load not later than thirty days after the date of submission. If the
Administrator approves such identification and load, such State
shall incorporate them into its current plan under subsection (e) of
this section. If the Administrator disapproves such identification
and load, he shall not later than thirty days after the date of such
disapproval identify such waters in such State and establish such
loads for such 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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 suitable
for such calculation and for thermal discharges, at a level that
would assure protection and propagation of a balanced indigenous
population of fish, shellfish and wildlife.
(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS.—
(A) STANDARD 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 regulations
established under this section.
(B) STANDARD ATTAINED.—For waters identified under
paragraph (1)(A) where the quality of such waters equals
or exceeds levels necessary to protect the designated use
for such waters or otherwise required by applicable water
quality standard, any effluent limitation based on a total
maximum daily load or other waste load allocation established
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 approved
under paragraph (2) of this subsection which is consistent
with this Act.
(2) Each State shall submit not later than 120 days after the
date of the enactment of the Water Pollution Control Amendments
of 1972 to the Administrator for his approval a proposed continuing
planning process which is consistent with this Act. Not later than
thirty days after the date of submission of such a process the Administrator
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), section
301(b)(2), section 306, and section 307, and at least as
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 applicable
basin plans under section 209 of this Act;
(C) total maximum daily load for pollutants in accordance
with subsection (d) of this section;
(D) procedures for revision;
(E) adequate authority for intergovernmental cooperation;
(F) adequate implementation, including schedules of compliance,
for revised or new water quality standards, under subsection
(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 effluent
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 earlier
than such dates.
(g) Water quality standards relating to heat shall be consistent
with the requirements of section 316 of this Act.
(h) For the purposes of this Act the term ‘‘water quality standards’’
includes thermal water quality standards.
(i) COASTAL RECREATION WATER QUALITY CRITERIA.—
(1) ADOPTION BY STATES.—
(A) INITIAL CRITERIA AND STANDARDS.—Not later than
42 months after the date of the enactment of this subsection,
each State having coastal recreation waters shall
adopt and submit to the Administrator water quality criteria
and standards for the coastal recreation waters of the
State for those pathogens and pathogen indicators for
which the Administrator has published criteria under section
304(a).
(B) NEW 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 recreation
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 pathogen
indicators to which the new or revised water quality
criteria are applicable.
(2) FAILURE OF STATES TO ADOPT.—
(A) IN GENERAL.—If a State fails to adopt water quality
criteria and standards in accordance with paragraph
(1)(A) that are as protective of human health as the criteria
for pathogens and pathogen indicators for coastal
recreation waters published by the Administrator, the Administrator
shall promptly propose regulations for the
State setting forth revised or new water quality standards
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 304 FEDERAL WATER POLLUTION CONTROL ACT 108
for pathogens and pathogen indicators described in paragraph
(1)(A) for coastal recreation waters of the State.
(B) EXCEPTION.—If the Administrator proposes regulations
for a State described in subparagraph (A) under subsection
(c)(4)(B), the Administrator shall publish any revised
or new standard under this subsection not later than
42 months after the date of the enactment of this subsection.
(3) APPLICABILITY.—Except as expressly provided by this
subsection, the requirements and procedures of subsection (c)
apply to this subsection, including the requirement in subsection
(c)(2)(A) that the criteria protect public health and welfare.
(33 U.S.C. 1313)
INFORMATION AND GUIDELINES
SEC. 304. (a)(1) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons,
shall develop and publish, within one year after the date of enactment
of this title (and from time to time thereafter revise) criteria
for water quality accurately reflecting the latest scientific knowledge
(A) on the kind and extent of all identifiable effects on health
and welfare including, but not limited to, plankton, fish, shellfish,
wildlife, plant life, shorelines, beaches, esthetics, and recreation
which may be expected from the presence of pollutants in any body
of water, including ground water; (B) on the concentration and dispersal
of pollutants, or their byproducts, through biological, physical,
and chemical processes; and (C) on the effects of pollutants on
biological community diversity, productivity, and stability, including
information on the factors affecting rates of eutrophication and
rates of organic and inorganic sedimentation for varying types of
receiving waters.
(2) The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, shall develop
and publish, within one year after the date of enactment of this
title (and from time to time thereafter revise) information (A) on
the factors necessary to restore and maintain the chemical, physical,
and biological integrity of all navigable waters, ground waters,
waters of the contiguous zone, and the oceans; (B) on the factors
necessary for the protection and propagation of shellfish, fish, and
wildlife for classes and categories of receiving waters and to allow
recreational activities in and on the water; and (C) on the measurement
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 identifying
conventional pollutants, including but not limited to, pollut-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 paragraph.
(5)(A) The Administrator, to the extent practicable before consideration
of any request under section 301(g) of this Act and within
six months after the date of enactment of the Clean Water Act
of 1977, shall develop and publish information on the factors necessary
for the protection of public water supplies, and the protection
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 consideration
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 necessary
for the protection of public water supplies, and the protection
and propagation of a balanced indigenous population of shellfish,
fish and wildlife, and to allow recreational activities, in and
on the water.
(6) The Administrator shall, within three months after enactment
of the Clean Water Act of 1977 and annually thereafter, for
purposes of section 301(h) of this Act publish and revise as appropriate
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) GUIDANCE TO STATES.—The Administrator, after consultation
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 identification
required by section 304(l)(1) of this Act.
(8) INFORMATION ON WATER QUALITY CRITERIA.—The Administrator,
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 information
on methods for establishing and measuring water quality
criteria for toxic pollutants on other bases than pollutant-bypollutant
criteria, including biological monitoring and assessment
methods.
(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.—
(A) IN 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 Administrator
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 results
of the studies conducted under section 104(v), for the
purpose of protecting human health in coastal recreation
waters.
(B) REVIEWS.—Not later than the date that is 5 years
after the date of publication of water quality criteria under
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 appropriate
Federal and State agencies and other interested persons,
publish within one year of enactment of this title, regulations, providing
guidelines for effluent limitations, and, at least annually
thereafter, revise, if appropriate, such regulations. Such regulations
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 application
of the best practicable control technology currently available
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 comply
with subsection (b)(1) of section 301 of this Act shall include
consideration of the total cost of application of technology
in relation to the effluent reduction benefits to be achieved
from such application, and shall also take into account the age
of equipment and facilities involved, the process employed, the
engineering aspects of the application of various types of control
techniques, process changes, non-water quality environmental
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 application
of the best control measures and practices achievable including
treatment techniques, process and procedure innovations,
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 subsection
(b)(2) of section 301 of this Act to be applicable to any
point source (other than publicly owned treatment works) within
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 control
techniques, process changes, the cost of achieving such effluent
reduction, non-water quality environmental impact (including
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 classes
of point sources, taking into account the cost of achieving
such elimination of the discharge of pollutants; and
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 application
of the best conventional pollutant control technology (including
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 relating
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 reduction
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 aspects
of the application of various types of control techniques,
process changes, non-water quality environmental impact (including
energy requirements), and such other factors as the
Administrator deems appropriate.
(c) The Administrator, after consultation, with 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 discharge
of pollutants to implement standards of performance under
section 306 of this Act. Such information shall include technical
and other data, including costs, as are available on alternative
methods of elimination or 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 public.
(d)(1) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall publish
within sixty days after enactment of this title (and from time
to time thereafter) information, in terms of amounts of constituents
and chemical, physical, and biological characteristics of pollutants,
on the degree of effluent reduction attainable through the application
of secondary treatment.
(2) The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, shall publish
within nine months after the date of enactment of this title (and
from time to time thereafter) information on alternative waste
treatment management techniques and systems available to implement
section 201 of this Act.
(3) The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, shall promul-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 innovative
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 treatment
facilities as oxidation ponds, lagoons, and ditches and trickling
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 account
pollutant removal efficiencies and, consistent with the objective
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 Federal
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 runoff,
spillage or leaks, sludge or waste disposal, and drainage from
raw material storage which the Administrator determines are associated
with or ancillary to the industrial manufacturing or treatment
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 Federal
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 runoff
from fields and crop and forest lands;
(B) mining activities, including runoff and siltation from
new, currently operating, and abandoned surface and underground
mines;
(C) all construction activity, including runoff from the facilities
resulting from such construction;
(D) the disposal of pollutants in wells or in subsurface excavations;
(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.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 programs
under section 402 of this Act, the Administrator shall publish,
within one hundred and twenty days after the date of enactment
of this title, and review at least annually thereafter and, if
appropriate, revise guidelines for pretreatment of pollutants which
he determines are not susceptible to treatment by publicly owned
treatment works. Guidelines under this subsection shall be established
to control and prevent the discharge into the navigable waters,
the contiguous zone, or the ocean (either directly or through
publicly owned treatment works) of any pollutant which interferes
with, passes through, or otherwise is incompatible with such works.
(2) When publishing guidelines under this subsection, the Administrator
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 pursuant
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 enactment
of this title promulgate guidelines for the purpose of establishing
uniform application forms and other minimum requirements
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 minimum
procedural and other elements of any State program under
section 402 of this Act which shall include:
(A) monitoring requirements;
(B) reporting requirements (including procedures to make
information available to the public);
(C) enforcement provisions; and
(D) funding, personnel qualifications, and manpower requirements
(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 income
directly or indirectly from permit holders or applicants
for a permit).
(j) LAKE RESTORATION GUIDANCE MANUAL.—The Administrator
shall, within 1 year after the date of the enactment of the Water
Quality Act of 1987 and biennially thereafter, publish and disseminate
a lake restoration guidance manual describing methods, procedures,
and processes to guide State and local efforts to improve, restore,
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 Secretary
of the Interior, and the heads of such other departments,
agencies, and instrumentalities of the United States as the Administrator
determines, to provide for the maximum utilization of other
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 304 FEDERAL WATER POLLUTION CONTROL ACT 114
Federal laws and programs for the purpose of achieving and maintaining
water quality through appropriate implementation of plans
approved under section 208 of this Act and nonpoint source pollution
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 instrumentalities
of the United States as the Administrator determines,
any funds appropriated under paragraph (3) of this subsection
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 provisions
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) INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.—
(1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT
OF STRATEGIES.—Not later than 2 years after the date of the
enactment of this subsection, each State shall submit to the
Administrator for review, approval, and implementation under
this subsection—
(A) a list of those waters within the State which after
the application of effluent limitations required under section
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 public
health, public water supplies, agricultural and industrial
uses, and the protection and propagation of a balanced
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 requirements
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);
(C) for each segment of the navigable waters included
on such lists, a determination of the specific point sources
discharging any such toxic pollutant which is believed to
be preventing or impairing such water quality and the
amount of each toxic pollutant discharged by each such
source; and
(D) for each such segment, an individual control strategy
which the State determines will produce a reduction in
the discharge of toxic pollutants from point sources identified
by the State under this paragraph through the establishment
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 pollution,
to achieve the applicable water quality standard as
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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) APPROVAL OR DISAPPROVAL.—Not later than 120 days
after the last day of the 2-year period referred to in paragraph
(1), the Administrator shall approve or disapprove the control
strategies submitted under paragraph (1) by any State.
(3) ADMINISTRATOR’S ACTION.—If a State fails to submit
control strategies in accordance with paragraph (1) or the Administrator
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 paragraph
(2), the Administrator, in cooperation with such State
and after notice and opportunity for public comment, shall implement
the requirements of paragraph (1) in such State. In
the implementation of such requirements, the Administrator
shall, at a minimum, consider for listing under this subsection
any navigable waters for which any person submits a petition
to the Administrator for listing not later than 120 days after
such last day.
(m) SCHEDULE FOR REVIEW OF GUIDELINES.—
(1) PUBLICATION.—Within 12 months after the date of the
enactment of the Water Quality Act of 1987, and biennially
thereafter, the Administrator shall publish in the Federal Register
a plan which shall—
(A) establish a schedule for the annual review and revision
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 subsection
(b)(2) of this section and section 306 have not previously
been published; and
(C) establish a schedule for promulgation of effluent
guidelines for categories identified in subparagraph (B),
under which promulgation of such guidelines shall be no
later than 4 years after such date of enactment for categories
identified in the first published plan or 3 years
after the publication of the plan for categories identified in
later published plans.
(2) PUBLIC REVIEW.—The Administrator shall provide for
public review and comment on the plan prior to final publication.
(33 U.S.C. 1314)
WATER QUALITY INVENTORY
SEC. 305. (a) The Administrator, in cooperation with the States
and with the assistance of appropriate Federal agencies, shall prepare
a report to be submitted to the Congress on or before
January 1, 1974, which shall—
(1) describe the specific quality, during 1973, with appropriate
supplemental descriptions as shall be required to take
into account seasonal, tidal, and other variations, of all navigable
waters and the waters of the contiguous zone;
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 propagation
of a balanced population of shellfish, fish, and
wildlife and allow recreational activities in and on the
water;
(B) can reasonably be expected to attain such level by
1977 or 1983; and
(C) can reasonably be expected to attain such level by
any later date.
(b)(1) Each State shall prepare and submit to the Administrator
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 waters
in such State during the preceding year, with appropriate
supplemental descriptions as shall be required to take into account
seasonal, tidal, and other variations, correlated with the
quality of water required by the objective of this Act (as identified
by the Administrator pursuant to criteria published under
section 304(a) of this Act) and the water quality described in
subparagraph (B) of this paragraph;
(B) an analysis of the extent to which all navigable waters
of such State provide for the protection and propagation of a
balanced population of shellfish, fish, and wildlife, and allow
recreational activities in and on the water;
(C) an analysis of the extent to which the elimination of
the discharge of pollutants and a level of water quality which
provides for the protection and propagation of a balanced population
of shellfish, fish, and wildlife and allows recreational activities
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, together
with an analysis thereof, to Congress on or before October
1, 1975, and October 1, 1976, and biennially thereafter.
(33 U.S.C. 1315)
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
117 FEDERAL WATER POLLUTION CONTROL ACT Sec. 306
NATIONAL STANDARDS OF PERFORMANCE
SEC. 306. (a) For purposes of this section:
(1) The term ‘‘standard of performance’’ means a standard for
the control of the discharge of pollutants which reflects the greatest
degree of effluent reduction which the Administrator determines to
be achievable through application of the best available demonstrated
control technology, processes, operating methods, or
other alternatives, including, where practicable, a standard permitting
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 promulgated
in accordance with this section.
(3) The term ‘‘source’’ means any building, structure, facility,
or installation from which there is or may be the discharge of pollutants.
(4) The term ‘‘owner or 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 obligations
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 thereafter
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;
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 interested
persons an opportunity for written comment on such proposed
regulations. After considering such comments, he shall promulgate,
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 promulgation
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 quality
environmental impact and energy requirements.
(2) The Administrator may distinguish among classes, types,
and sizes within categories of new sources for the purpose of establishing
such standards and shall consider the type of process employed
(including whether batch or continuous).
(3) The provisions of this section shall apply to any new source
owned or operated by the United States.
(c) Each State may develop and submit to the Administrator a
procedure under State law for applying and enforcing standards of
performance for new sources located in such State. If the Administrator
finds that the procedure and the law of any State require the
application and enforcement of standards of performance to at least
the same extent as required by this section, such State is authorized
to apply and enforce such standards of performance (except
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 enactment
of the Federal Water Pollution Control Act Amendments
of 1972 and which is so constructed as to meet all applicable standards
of performance shall not be subject to any more stringent
standard of performance during a ten-year period beginning on the
date of completion of such construction or during the period of depreciation
or amortization of such facility for the purposes of section
167 or 169 (or both) of the Internal Revenue Code of 1954,
whichever period ends first.
(e) After the effective date of standards of performance promulgated
under this section, it shall be unlawful for any owner or operator
of any new source to operate such source in violation of any
standard of performance applicable to such source.
(33 U.S.C. 1316)
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
119 FEDERAL WATER POLLUTION CONTROL ACT Sec. 307
TOXIC AND PRETREATMENT EFFLUENT STANDARDS
SEC. 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 Administrator
may revise such list and the Administrator is authorized
to add to or remove from such list any pollutant. The Administrator
in publishing any revised list, including the addition or removal
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 importance
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 arbitrary
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 established
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 published
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 importance
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 regulatory
authority. The Administrator shall allow a period of not
less than sixty days following publication of any such proposed effluent
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 prohibition)
any interested person so requests, the Administrator shall
hold a public hearing in connection therewith. Such a public hearing
shall provide an opportunity for oral and written presentations,
such cross-examination as the Administrator determines is appropriate
on disputed issues of material fact, and the transcription of
a verbatim record which shall be available to the public. After consideration
of such comments and any information and material presented
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 revised
standard. Effluent limitations shall be established in accordance
with sections 301(b)(2)(A) and 304(b)(2) for every toxic pollutant
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 enactment
of the Clean Water Act of 1977, but no later than July 1,
1980. Such effluent limitations or effluent standards (or prohibitions)
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 reviewed
and, if appropriate, revised at least every three years.
(4) Any effluent standard promulgated under this section shall
be at that level which the Administrator determines provides an
ample margin of safety.
(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 promulgation
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 agencies.
(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-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
121 FEDERAL WATER POLLUTION CONTROL ACT Sec. 307
tion and shall be established to prevent the discharge of any pollutant
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 introduced
by a source into a publicly owned treatment works, the
treatment by such works removes all or any part of such toxic pollutant
and the discharge from such works does not violate that effluent
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 technology,
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 standard
under this section, the Administrator shall designate the category
or categories of sources to which such standard shall apply.
(4) Nothing in this subsection shall affect any pretreatment requirement
established by any State or local law not in conflict with
any pretreatment standard established under this subsection.
(c) In order to ensure that any source introducing pollutants
into a publicly owned treatment works, which source would be a
new source subject to section 306 if it were to discharge pollutants,
will not cause a violation of the effluent limitations established for
any such treatment works, the Administrator shall promulgate
pretreatment standards for the category of such sources simultaneously
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 pollutant
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 prohibition
or pretreatment standard promulgated under this section, it
shall be unlawful for any owner or operator of any source to operate
any source in violation of any such effluent standard or prohibition
or pretreatment standard.
(e) COMPLIANCE DATE EXTENSION FOR INNOVATIVE
PRETREATMENT SYSTEMS.—In the case of any existing facility that
proposes to comply with the pretreatment standards of subsection
(b) of this section by applying an innovative system that meets the
requirements of section 301(k) of this Act, the owner or operator of
the publicly owned treatment works receiving the treated effluent
from such facility may extend the date for compliance with the applicable
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 violation
of its permit under section 402 or of section 405 or to
contribute to such a violation, and
(B) concurs with the proposed extension.
(33 U.S.C. 1317)
INSPECTIONS, MONITORING, AND ENTRY
SEC. 308. (a) Whenever required to carry out the objective of
this Act, including but not limited to (1) developing or assisting in
the development of any effluent limitation, or other limitation, prohibition,
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 standard
of performance; (3) any requirement established under this section;
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 appropriate,
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 (including
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 applicable
effluent limitations, toxic, pretreatment, or new source performance
standards, and (2) shall be available to the public, except
that upon a showing satisfactory to the Administrator by any person
that 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 processes
entitled to protection as trade secrets of such person, the Administrator
shall consider such record, report, or information, or
particular portion thereof confidential in accordance with the pur-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
123 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309
poses of section 1905 of title 18 of the United States Code. Any authorized
representative of the Administrator (including an authorized
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 prohibit
the Administrator or an authorized representative of the Administrator
(including any authorized contractor acting as a representative
of the Administrator) from disclosing records, reports,
or information to other officers, employees, or authorized representatives
of the United States concerned with carrying out this Act or
when relevant in any proceeding under this Act.
(c) Each State may develop and submit to the Administrator
procedures under State law for inspection, monitoring, and entry
with respect to point sources located in such State. If the Administrator
finds that the procedures and the law of any State relating
to inspection, monitoring, and entry are applicable to at least the
same extent as those required by this section, such State is authorized
to apply and enforce its procedures for inspection, monitoring,
and entry with respect to point sources located in such State (except
with respect to point sources owned or operated by the United
States).
(d) ACCESS BY CONGRESS.—Notwithstanding any limitation
contained in this section or any other provision of law, all information
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
SEC. 309. (a)(1) Whenever, on the basis of any information
available to him, the Administrator finds that any person is in violation
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 violation
and such State of such finding. If beyond the thirtieth day
after the Administrator’s notification the State has not commenced
appropriate enforcement action, the Administrator shall issue an
order requiring such person to comply with such condition or limitation
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 limitations
as set forth in paragraph (1) of this subsection are so widespread
that such violations appear to result from a failure of the
State to enforce such permit conditions or limitations effectively, he
shall so notify the State. If the Administrator finds such failure extends
beyond the thirtieth day after such notice, he shall give pub-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 Administrator
that it will enforce such conditions and limitations (hereafter
referred to in this section as the period of ‘‘federally assumed enforcement’’),
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 sections
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 officers.
An order issued under this subsection relating to a violation
of section 308 of this Act shall not take effect until the person to
whom it is issued has had an opportunity to confer with the Administrator
concerning the alleged violation.
(5)(A) Any order issued under this subsection shall be by personal
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 exceed
a time the Administrator determines to be reasonable in the
case of a violation of a final deadline, taking into account the seriousness
of the violation and any good faith efforts to comply with
applicable requirements.
(B) The Administrator may, if he determines (i) that any person
who is a violator of, or any person who is otherwise not in compliance
with, the time requirements under this Act or in any permit
issued under this Act, has acted in good faith, and has made
a commitment (in the form of contracts or other securities) of necessary
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.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 include
a schedule of compliance.
(b) The Administrator is authorized to commence a civil action
for appropriate relief, including a permanent or temporary injunction,
for any violation for which he is authorized to issue a compliance
order under subsection (a) of this section. Any action under
this subsection may be brought in the district court of the United
States for the 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 commencement
of such action shall be given immediately to the appropriate
State.
(c) CRIMINAL PENALTIES.—
(1) NEGLIGENT 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 permit
issued under section 402 of this Act by the Administrator
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;
or
(B) negligently introduces into a sewer system or into
a publicly owned treatment works any pollutant or hazardous
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 limitation
or condition in any permit issued to the treatment
works under section 402 of this Act by the Administrator
or a State;
shall be punished by a fine of not less than $2,500 nor more
than $25,000 per day of violation, or by imprisonment for not
more than 1 year, or by both. If a conviction of a person is for
a violation committed after a first conviction of such person
under this paragraph, punishment shall be by a fine of not
more than $50,000 per day of violation, or by imprisonment of
not more than 2 years, or by both.
(2) KNOWING VIOLATIONS.—Any person who—
(A) knowingly violates section 301, 302, 306, 307, 308,
311(b)(3), 318, or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a per-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 309 FEDERAL WATER POLLUTION CONTROL ACT 126
mit issued under section 402 of this Act by the Administrator
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;
or
(B) knowingly introduces into a sewer system or into
a publicly owned treatment works any pollutant or hazardous
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 limitation
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) KNOWING ENDANGERMENT.—
(A) GENERAL RULE.—Any person who 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 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 the Secretary
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 conviction,
be subject to a fine of not more than $250,000 or imprisonment
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 doubled
with respect to both fine and imprisonment.
(B) ADDITIONAL PROVISIONS.—For the purpose of subparagraph
(A) of this paragraph—
(i) in determining whether a defendant who is an
individual knew that his conduct placed another person
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 himself
may not be attributed to the defendant;
except that in proving the defendant’s possession of
actual knowledge, circumstantial evidence may be
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
127 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309
used, including evidence that the defendant took affirmative
steps to shield himself from relevant information;
(ii) it is an affirmative defense to prosecution that
the conduct charged was consented to by the person
endangered and that the danger and conduct charged
were reasonably foreseeable hazards of—
(I) an occupation, a business, or a profession;
or
(II) medical treatment or medical or scientific
experimentation conducted by professionally approved
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 subparagraph
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, unconsciousness,
extreme physical pain, protracted and
obvious disfigurement, or protracted loss or impairment
of the function of a bodily member, organ, or
mental faculty.
(4) FALSE STATEMENTS.—Any person who knowingly makes
any false material statement, representation, or certification in
any application, record, report, plan, or other document filed or
required to be maintained under this Act or who knowingly falsifies,
tampers with, or renders inaccurate any monitoring device
or method required to be maintained under this Act, shall
upon conviction, be punished by a fine of not more than
$10,000, or by imprisonment for not more than 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) TREATMENT OF SINGLE OPERATIONAL UPSET.—For purposes
of this subsection, a single operational upset which leads
to simultaneous violations of more than one pollutant parameter
shall be treated as a single violation.
(6) RESPONSIBLE CORPORATE OFFICER AS ‘‘PERSON’’.—For
the purpose of this subsection, the term ‘‘person’’ means, in addition
to the definition contained in section 502(5) of this Act,
any responsible corporate officer.
(7) HAZARDOUS 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 substance
designated pursuant to section 102 of the Comprehen-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 309 FEDERAL WATER POLLUTION CONTROL ACT 128
1 So in law. See P.L. 100–4, sec. 313(a)(1), 101 Stat. 45.
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 suspended
by Act of Congress), (D) any toxic pollutant listed
under section 307(a) of this Act, and (E) any imminently hazardous
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 limitation
implementing any of such sections in a permit issued under
section 402 of this Act by the Administrator, or by a State, or in
a permit issued under section 404 of this Act by a State,,1 or any
requirement imposed in a pretreatment program approved under
section 402(a)(3) or 402(b)(8) of this Act, and any person who violates
any order issued by the Administrator under subsection (a) of
this section, shall be subject to a civil penalty not to exceed $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 violation,
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.
For purposes of this subsection, a single operational upset which
leads to simultaneous violations of more than one pollutant parameter
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 subsection
(d) of section 307, the Administrator may notify the owner
or operator of such treatment works and the State of such violation.
If the owner or operator of the treatment works does not commence
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 treatment
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-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 Administrator
may have under this Act.
(g) ADMINISTRATIVE PENALTIES.—
(1) VIOLATIONS.—Whenever on the basis of any information
available—
(A) the Administrator finds that any person has violated
section 301, 302, 306, 307, 308, 318, or 405 of this
Act, or has violated any permit condition or limitation 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 by a State, or
(B) the Secretary of the Army (hereinafter in this subsection
referred to as the ‘‘Secretary’’) finds that any person
has violated any permit condition or limitation in a
permit issued under section 404 of this Act by the Secretary,
the Administrator or Secretary, as the case may be, may, after
consultation with the State in which the violation occurs, assess
a class I civil penalty or a class II civil penalty under this
subsection.
(2) CLASSES OF PENALTIES.—
(A) CLASS 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 penalty
under this subparagraph shall not exceed $25,000. Before
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 request,
within 30 days of the date the notice is received by
such person, a hearing on the proposed order. 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 represent evidence.
(B) CLASS II.—The amount of a class II civil penalty
under paragraph (1) may not exceed $10,000 per day for
each day during which the violation continues; except that
the maximum amount of any class II civil penalty under
this subparagraph shall not exceed $125,000. Except as
otherwise provided in this subsection, a class II civil penalty
shall be assessed and collected in the same manner,
and subject to the same provisions, as in the case of civil
penalties assessed and collected after notice and opportunity
for a hearing on the record in accordance with section
554 of title 5, United States Code. The Administrator
and the Secretary may issue rules for discovery procedures
for hearings under this subparagraph.
(3) DETERMINING AMOUNT.—In determining the amount of
any penalty assessed under this subsection, the Administrator
or the Secretary, as the case may be, shall take into account
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 violation,
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 parameter
shall be treated as a single violation.
(4) RIGHTS OF INTERESTED PERSONS.—
(A) PUBLIC NOTICE.—Before issuing an order assessing
a civil penalty under this subsection the Administrator or
Secretary, as the case may be, shall provide public notice
of and reasonable opportunity to comment on the proposed
issuance of such order.
(B) PRESENTATION OF EVIDENCE.—Any person who
comments on a proposed assessment of a penalty under
this subsection shall be given notice of any hearing held
under this subsection and of the order assessing such penalty.
In any hearing held under this subsection, such person
shall have a reasonable opportunity to be heard and
to present evidence.
(C) RIGHTS OF INTERESTED PERSONS TO A HEARING.—
If no hearing is held under paragraph (2) before issuance
of an order assessing a penalty under this subsection, any
person who commented on the proposed assessment may
petition, within 30 days after the issuance of such order,
the Administrator or Secretary, as the case may be, to set
aside such order and to provide a hearing on the penalty.
If the evidence presented by the petitioner in support of
the petition is material and was not considered in the
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 denial.
(5) FINALITY OF ORDER.—An order issued under this subsection
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 denial.
(6) EFFECT OF ORDER.—
(A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS.—
Action taken by the Administrator or the Secretary, as the
case may be, under this subsection shall not affect or limit
the Administrator’s or Secretary’s authority to enforce any
provision of this Act; except that any violation—
(i) with respect to which the Administrator or the
Secretary has commenced and is diligently prosecuting
an action under this subsection,
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 further
judicial review and the violator has paid a penalty
assessed under this subsection, or such comparable
State law, as the case may be,
shall not be the subject of a civil penalty action under subsection
(d) of this section or section 311(b) or section 505
of this Act.
(B) APPLICABILITY OF LIMITATION WITH RESPECT TO
CITIZEN SUITS.—The limitations contained in subparagraph
(A) on civil penalty actions under section 505 of this Act
shall not apply with respect to any violation for which—
(i) a civil action under section 505(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 action
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 notice
is given.
(7) EFFECT OF ACTION ON COMPLIANCE.—No action by the
Administrator or the Secretary under this subsection shall affect
any person’s obligation to comply with any section of this
Act or with the terms and conditions of any permit issued pursuant
to section 402 or 404 of this Act.
(8) JUDICIAL 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 Columbia
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 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 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 violation
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 309 FEDERAL WATER POLLUTION CONTROL ACT 132
the Administrator’s or Secretary’s assessment of the penalty
constitutes an abuse of discretion.
(9) COLLECTION.—If any person fails to pay an assessment
of a civil penalty—
(A) after the order making the assessment has become
final, or
(B) after a court in an action brought under paragraph
(8) has entered a final judgment in favor of the Administrator
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 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 assessment of a civil penalty as described
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 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
penalties and nonpayment penalties which are unpaid as of the
beginning of such quarter.
(10) SUBPOENAS.—The Administrator or Secretary, as the
case may be, may issue subpoenas for the attendance and testimony
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 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 before the administrative law
judge or to appear and produce documents before the administrative
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) PROTECTION 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
SEC. 310. (a) Whenever the Administrator, upon receipts of reports,
surveys, or studies from any duly constituted international
agency, has reason to believe that pollution is occurring which endangers
the health or welfare of persons in a foreign country, and
the Secretary of State requests him to abate such pollution, he
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 essentially
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 representative
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 otherwise
affect the provisions of the 1909 Boundary Waters Treaty between
Canada and the United States or the Water Utilization
Treaty of 1944 between Mexico and the United States (59 Stat.
1219), relative to the control and abatement of pollution in waters
covered by those treaties.
(b) The calling of a hearing under this section shall not be construed
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.
(c) The Administrator shall publish in the Federal Register a
notice of a public hearing before a hearing board of five or more
persons appointed by the Administrator. A majority of the members
of the board and the chairman who shall be designated by the
Administrator shall not be officers or employees of Federal, State,
or local governments. On the basis of the evidence presented at
such hearing, the board shall within sixty days after completion of
the hearing make findings of fact as to whether or not such pollution
is occurring and shall thereupon by decision, incorporating its
findings therein, make such recommendations to abate the pollution
as may be appropriate and shall transmit such decision and
the record of the hearings to the Administrator. All such decisions
shall be public. Upon receipt of such decision, the Administrator
shall promptly implement the board’s decision in accordance with
the provisions of this Act.
(d) In connection with any hearing called under this subsection,
the board is authorized to require any persons whose alleged
activities result in discharges causing or contributing to pollution
to file with it in such forms as it may prescribe, a report
based on existing data, furnishing such information as may reasonably
be required as to the character, kind, and quantity of such discharges
and the use of facilities or other means to prevent or reduce
such discharges by the person filing such a report. Such report
shall be made under oath or otherwise, as the board may prescribe,
and shall be filed with the board within such reasonable period
as it may prescribe, unless additional time is granted by it.
Upon a showing satisfactory to the board by the person filing such
report that such report or portion thereof (other than effluent
data), to which the Adminsitrator has access under this section, if
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 134
1 So in law.
made public would divulge trade secrets or secret processes of such
person, the board shall consider such report or portion thereof confidential
for the purposes of section 1905 of title 18 of the United
States Code. If any person required to file any report under this
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 traveltime)
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 reimbursed
for travel, subsistence, and related expenses.
(f) When any such recommendation adopted by the Administrator
involves the institution of enforcement proceedings against
any person to obtain the abatement of pollution subject to such recommendation,
the Administrator shall institute such proceedings if
he believes that the evidence warrants such proceedings. The district
court of the United States shall consider and determine de
novo all relevant issues, but shall receive in evidence the record of
the 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 proceedings
to the Administrator for such further action as it may direct.
(33 U.S.C. 1320)
OIL AND HAZARDOUS SUBSTANCE LIABILITY
SEC. 311. (a) For the purpose of this section, the term—
(1) ‘‘oil’’ means oil of any kind or in any form, including,
but not limited to, petroleum, fuel oil, sludge, oil refuse, and
oil mixed with wastes other than dredged spoil;
(2) ‘‘discharge’’ includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping, but
excludes (A) discharges in compliance with a permit under section
402 of this Act, (B) discharges resulting from circumstances
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 permit,
,(C) 1 continuous or anticipated intermittent discharges
from a point source, identified in a permit or permit applica-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 section;
(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-chartered
and operated by the United States, or by a State or political
subdivision thereof, or by a foreign nation, except when
such vessel is engaged in commerce;
(5) ‘‘United States’’ means the States, the District of Columbia,
the Commonwealth of Puerto Rico, the 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 offshore
facility, any person owning or operating such onshore facility
or offshore facility, and (C) in the case of any abandoned
offshore facility, the person who owned or operated such facility
immediately prior to such abandonment;
(7) ‘‘person’’ includes an individual, firm, corporation, association,
and a partnership;
(8) ‘‘remove’’ or ‘‘removal’’ refers to containment and removal
of the oil or hazardous substances from the water and
shorelines or the taking of such other actions as may be necessary
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 located
in, on, or under, any land within the United States other
than submerged land;
(11) ‘‘offshore facility’’ means any facility of any kind located
in, on, or under, any of the navigable waters of the
United States, 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 unanticipated
grave natural disaster;
(13) ‘‘barrel’’ means 42 United States gallons at 60 degrees
Fahrenheit;
(14) ‘‘hazardous substance’’ means any substance designated
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;
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 136
(16) ‘‘inland waters of the United States’’ means those waters
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 international
agreement to which the United States is a party;
(18) ‘‘Area Committee’’ means an Area Committee established
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 subsection
(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 Contingency
Plan prepared and published under subsection (d);
(23) ‘‘National Response Unit’’ means the National Response
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 facility,
the largest foreseeable discharge in adverse weather
conditions; and
(25) ‘‘removal costs’’ means—
(A) the costs of removal of oil or a hazardous substance
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 hazardous
substances into or upon the navigable waters of the United
States, adjoining shorelines, or into or upon the waters of the contiguous
zone, or in connection with activities under the Outer Continental
Shelf Lands Act or the Deepwater Port Act of 1974, or
which may affect natural resources belonging to, appertaining to,
or under the exclusive management authority of the United States
(including resources under the Fishery Conservation and Management
Act of 1976).
(2)(A) The Administrator shall develop, promulgate, and revise
as may be appropriate, regulations designating as hazardous substances,
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
137 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
of the United States (including resources under the Fishery Conservation
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 incentives
to achieve a higher standard of care in all aspects of the management
and movement of hazardous substances on the part of
owners, operators, or persons in charge of onshore facilities, offshore
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 penalty
enacted in subclause (bb) of clause (iii) of subparagraph (B) of
subsection (b)(2) of section 311 of Public Law 92–500 should be enacted.
(3) The discharge of oil or hazardous substances (i) into or
upon the navigable waters of the United States, adjoining shorelines,
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 quantities
and at times and locations or under such circumstances or
conditions as the President may, by regulation, determine not to be
harmful. Any regulations issued under this subsection shall be consistent
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 purposes
of this section those quantities of oil and any hazardous substances
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 property,
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 facility
in violation of paragraph (3) of this subsection, immediately notify
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 jurisdiction
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 notify
immediately such agency of such discharge shall, upon conviction,
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 natural
person in any criminal case, except a prosecution for perjury
or for giving a false statement.
(6) ADMINISTRATIVE PENALTIES.—
(A) VIOLATIONS.—Any owner, operator, or person in
charge of any vessel, onshore facility, or offshore facility—
(i) from which oil or a hazardous substance is discharged
in violation of paragraph (3), or
(ii) who fails or refuses to comply with any regulation
issued under subsection (j) to which that owner,
operator, or person in charge is subject,
may be assessed a class I or class II civil penalty by the
Secretary of the department in which the Coast Guard is
operating or the Administrator.
(B) CLASSES OF PENALTIES.—
(i) CLASS I.—The amount of a class I civil penalty
under subparagraph (A) may not exceed $10,000 per
violation, except that the maximum amount of any
class I civil penalty under this subparagraph shall not
exceed $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 opportunity
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) CLASS II.—The amount of a class II civil penalty
under subparagraph (A) 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 penalty shall be assessed
and collected in the same manner, and subject to the
same provisions, as in the case of civil penalties assessed
and collected after notice and opportunity for a
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.
(C) RIGHTS OF INTERESTED PERSONS.—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
139 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
(i) PUBLIC NOTICE.—Before issuing an order assessing
a class II civil penalty under this paragraph
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.
(ii) PRESENTATION OF EVIDENCE.—Any person who
comments on a proposed assessment of a class II civil
penalty under this paragraph shall be given notice of
any hearing held under this paragraph and of the
order assessing such penalty. In any hearing held
under this paragraph, such person shall have a reasonable
opportunity to be heard and to present evidence.
(iii) RIGHTS OF INTERESTED PERSONS TO A HEARING.—
If no hearing is held under subparagraph (B) before
issuance of an order assessing a class II civil penalty
under this paragraph, 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 subparagraph (B)(ii). If the
Administrator or Secretary denies a hearing under
this clause, the Administrator or Secretary shall provide
to the petitioner, and publish in the Federal Register,
notice of and the reasons for such denial.
(D) FINALITY OF ORDER.—An order assessing a class II
civil penalty under this paragraph shall become final 30
days after its issuance unless a petition for judicial review
is filed under subparagraph (G) or a hearing is requested
under subparagraph (C)(iii). If such a hearing is denied,
such order shall become final 30 days after such denial.
(E) EFFECT OF ORDER.—Action taken by the Administrator
or Secretary, as the case may be, under this paragraph
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 Secretary
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 section
309(d), 309(g), or 505 of this Act or under paragraph
(7).
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 140
(F) EFFECT OF ACTION ON COMPLIANCE.—No action by
the Administrator or Secretary under this paragraph shall
affect any person’s obligation to comply with any section of
this Act.
(G) JUDICIAL REVIEW.—Any person against whom a
civil penalty is assessed under this paragraph or who commented
on the proposed assessment of such penalty in accordance
with subparagraph (C) may obtain review of such
assessment—
(i) in the case of assessment of a class I civil penalty,
in the United States District Court for the District
of Columbia or in the district in which the violation
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 District
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 Administrator’s
or Secretary’s assessment of the penalty constitutes
an abuse of discretion and shall not impose additional
civil penalties for the same violation unless the Administrator’s
or Secretary’s assessment of the penalty constitutes
an abuse of discretion.
(H) COLLECTION.—If any person fails to pay an assessment
of a civil penalty—
(i) after the assessment has become final, or
(ii) after a court in an action brought under subparagraph
(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 currently
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 assessment
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-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
141 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
alties and nonpayment penalties which are unpaid as of
the beginning of such quarter.
(I) SUBPOENAS.—The Administrator or Secretary, as
the case may be, may issue subpoenas for the attendance
and testimony of witnesses and the production of relevant
papers, books, or documents in connection with hearings
under this paragraph. In case of contumacy or refusal to
obey a subpoena issued pursuant to this subparagraph and
served upon any person, the district court of the United
States for any district in which such person is found, resides,
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 before the administrative law
judge or to appear and produce documents before the administrative
law judge, or both, and any failure to obey
such order of the court may be punished by such court as
a contempt thereof.
(7) CIVIL PENALTY ACTION.—
(A) DISCHARGE, GENERALLY.—Any person who is the
owner, operator, or person in charge of any vessel, onshore
facility, or offshore facility from which oil or a hazardous
substance is discharged in violation of paragraph (3), shall
be subject to a civil penalty in an amount up to $25,000
per day of violation or an amount up to $1,000 per barrel
of oil or unit of reportable quantity of hazardous substances
discharged.
(B) FAILURE TO REMOVE OR COMPLY.—Any person described
in subparagraph (A) who, without sufficient
cause—
(i) fails to properly carry out removal of the discharge
under an order of the President pursuant to
subsection (c); or
(ii) fails to comply with an order pursuant to subsection
(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.
(C) FAILURE TO COMPLY WITH REGULATION.—Any person
who fails or refuses to comply with any regulation
issued under subsection (j) shall be subject to a civil penalty
in an amount up to $25,000 per day of violation.
(D) GROSS NEGLIGENCE.—In any case in which a violation
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 discharged.
(E) JURISDICTION.—An action to impose a civil penalty
under this paragraph may be brought in the district court
of the United States for the district in which the defendant
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 142
1 Indentation so in law.
is located, resides, or is doing business, and such court
shall have jurisdiction to assess such penalty.
(F) LIMITATION.—A person is not liable for a civil penalty
under this paragraph for a discharge if the person has
been assessed a civil penalty under paragraph (6) for the
discharge.
(8) DETERMINATION OF AMOUNT.—In determining the
amount of a civil penalty under paragraphs (6) and (7), the Administrator,
Secretary, or the court, as the case may be, shall
consider the seriousness of the violation or violations, the economic
benefit to the violator, if any, resulting from the violation,
the degree of culpability involved, any other penalty for
the same incident, any history of prior violations, the nature,
extent, and degree of success of any efforts of the violator to
minimize or mitigate the effects of the discharge, the economic
impact of the penalty on the violator, and any other matters
as justice may require.
(9) MITIGATION OF DAMAGE.—In addition to establishing a
penalty for the discharge of oil or a hazardous substance, the
Administrator or the Secretary of the department in which the
Coast Guard is operating may act to mitigate the damage to
the public health or welfare caused by such discharge. The cost
of such mitigation shall be deemed a cost incurred under subsection
(c) of this section for the removal of such substance by
the United States Government.
(10) RECOVERY OF REMOVAL COSTS.—Any costs of removal
incurred in connection with a discharge excluded by subsection
(a)(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) LIMITATION.—Civil penalties shall not be assessed
under both this section and section 309 for the same discharge.
(12) 1 WITHHOLDING CLEARANCE.—If any owner, operator, or
person in charge of a vessel is liable for a civil penalty under this
subsection, or if reasonable cause exists to believe that the owner,
operator, or person in charge may be subject to a civil penalty
under this subsection, the Secretary of the Treasury, upon the request
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
(C) a permit to depart required under section 443 of the
Tariff Act of 1930 (19 U.S.C. 1443);
as applicable. Clearance or a permit refused or revoked under this
paragraph may be granted upon the filing of a bond or other surety
satisfactory to the Secretary of the department in which the Coast
Guard is operating or the Administrator.
(c) FEDERAL REMOVAL AUTHORITY.—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
143 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
(1) GENERAL REMOVAL REQUIREMENT.—(A) The President
shall, in accordance with the National Contingency Plan and
any appropriate Area Contingency Plan, ensure effective and
immediate removal of a discharge, and mitigation or prevention
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 waters;
(iii) into or on the waters of the exclusive economic
zone; or
(iv) that may affect natural resources belonging to, appertaining
to, or under the exclusive management authority
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 discharge,
at any time;
(ii) direct or monitor all Federal, State, and private actions
to remove a discharge; and
(iii) remove and, if necessary, destroy a vessel discharging,
or threatening to discharge, by whatever means
are available.
(2) DISCHARGE 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 President
shall direct all Federal, State, and private actions to remove
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 contracting
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 discharge;
and
(ii) remove and, if necessary, destroy a vessel discharging,
or threatening to discharge, by whatever means
are available.
(3) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY
PLAN.—(A) Each Federal agency, State, owner or operator, or
other person participating in efforts under this subsection shall
act in accordance with the National Contingency Plan or as directed
by the President.
(B) An owner or operator participating in efforts under this
subsection shall act in accordance with the National Contingency
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 144
plan if the President or the Federal On-Scene Coordinator determines
that deviation from the response plan would provide
for a more expeditious or effective response to the spill or mitigation
of its environmental effects.
(4) EXEMPTION 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, assistance,
or advice consistent with the National Contingency Plan
or as otherwise directed by the President relating to a discharge
or a substantial threat of a discharge of oil or a hazardous
substance.
(B) Subparagraph (A) does not apply—
(i) to a responsible party;
(ii) to a response under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.);
(iii) with respect to personal injury or wrongful death;
or
(iv) if the person is grossly negligent or engages in
willful misconduct.
(C) A responsible party is liable for any removal costs and
damages that another person is relieved of under subparagraph
(A).
(5) OBLIGATION 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) RESPONSIBLE 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) NATIONAL CONTINGENCY PLAN.—
(1) PREPARATION BY PRESIDENT.—The President shall prepare
and publish a National Contingency Plan for removal of
oil and hazardous substances pursuant to this section.
(2) CONTENTS.—The National Contingency Plan shall provide
for efficient, coordinated, and effective action to minimize
damage from oil and hazardous substance discharges, including
containment, dispersal, and removal of oil and hazardous
substances, and shall include, but not be limited to, the following:
(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 conservation
of fish and wildlife).
(B) Identification, procurement, maintenance, and
storage of equipment and supplies.
(C) Establishment or designation of Coast Guard
strike teams, consisting of—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 pollution
control equipment and material; and
(iii) a detailed oil and hazardous substance pollution
and prevention plan, including measures to protect
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 imminent
threats of such discharges to the appropriate State
and Federal agencies.
(E) Establishment of a national center to provide coordination
and direction for operations in carrying out the
Plan.
(F) Procedures and techniques to be employed in identifying,
containing, dispersing, and removing oil and hazardous
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 substances
may be used, and
(iii) the quantities of such dispersant, other chemicals,
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 President,
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 Pollution
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 response
to, a discharge, or the threat of a discharge, that
results in a substantial threat to the public health or welfare
of the United States, as required under subsection
(c)(2).
(J) Establishment of procedures and standards for removing
a worst case discharge of oil, and for mitigating or
preventing a substantial threat of such a discharge.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 Administration,
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 resources
and their habitat that are harmed or that may be
jeopardized by a discharge.
(3) REVISIONS AND AMENDMENTS.—The President may,
from time to time, as the President deems advisable, revise or
otherwise amend the National Contingency Plan.
(4) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY
PLAN.—After publication of the National Contingency Plan, the
removal of oil and hazardous substances and actions to minimize
damage from oil and hazardous substance discharges
shall, to the greatest extent possible, be in accordance with the
National Contingency Plan.
(e) CIVIL ENFORCEMENT.—
(1) ORDERS PROTECTING PUBLIC HEALTH.—In addition to
any action taken by a State or local government, when the
President determines that there may be an imminent and substantial
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 discharge
of oil or a hazardous substance from a vessel or facility
in violation of subsection (b), the President may—
(A) require the Attorney General to secure any relief
from any person, including the owner or operator of the
vessel or facility, as may be necessary to abate such
endangerment; or
(B) after notice to the affected State, take any other
action under this section, including issuing administrative
orders, that may be necessary to protect the public health
and welfare.
(2) JURISDICTION OF DISTRICT COURTS.—The district courts
of the United States shall have jurisdiction to grant any relief
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 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 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 vessel
carrying oil or hazardous substances as cargo, $250,000), whichever
is greater, except that where the United States can show that
such discharge was the result of willful negligence or willful misconduct
within the privity and knowledge of the owner, such owner
or operator shall be liable to the United States Government for the
full amount of such costs. Such costs shall constitute a maritime
lien on such vessel which may be recovered in an action in rem in
the district court of the United States for any district within which
any vessel may be found. The United States may also bring an action
against the owner or operator of such vessel in any court of
competent jurisdiction to recover such costs.
(2) Except where an owner or operator of an onshore facility
can prove that a discharge was caused solely by (A) an act of God,
(B) an act of war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without regard
to whether any such act or omission was or was not negligent,
or any combination of the foregoing clauses, such owner or operator
of any such facility from which oil or a hazardous substance is discharged
in violation of subsection (b)(3) of this section shall 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 $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 jurisdiction
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 equitable
classifications, of those onshore facilities having a total
fixed storage capacity of 1,000 barrels or less which he determines
because of size, type, and location do not present a substantial risk
of the discharge of oil or hazardous substance in violation of subsection
(b)(3) of this section, and apply with respect to such classifications
differing limits of liability which may be less than the
amount contained in this paragraph.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 regard
to whether any such act or omission was or was not negligent,
or any combination of the foregoing clauses, such owner or operator
of any such facility from which oil or a hazardous substance is discharged
in violation of subsection (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 $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 jurisdiction to recover
such costs.
(4) The costs of removal of oil or a hazardous substance for
which the owner or operator of a vessel or onshore or offshore facility
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 hazardous
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 resources
to recover for the costs of replacing or restoring such resources.
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 inland
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 discharged
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 Government
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 facility,
from which oil or a hazardous substance is discharged in violation
of subsection (b)(3) of this section, proves that such discharge
of oil or hazardous substance was caused solely by an act or omission
of a third party, or was caused solely by such an act or omission
in combination with an act of God, an act of war, or negligence
on the part of the United States 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 subsection
(c) for removal of such oil or substance by the United States
Government, except where such third party can prove that such
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
149 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
1 So in law. Should not be capitalized.
discharge was caused solely by (A) an act of God, (B) an act of war,
(C) negligence on the part of the United States Government, or (D)
an act or omission of another party without regard to whether such
an act or omission was or was not negligent, or any combination
of the foregoing clauses. If such third party was the owner or operator
of a vessel which caused the discharge of oil or a hazardous
substance in violation of subsection (b)(3) of this section, the liability
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 operator
of the vessel or the onshore or offshore facility from which the
discharge actually occurred if such owner or operator were liable.
If the United States can show that the discharge of oil or a hazardous
substance in violation of subsection (b)(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 1 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 hazardous
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 regard
to whether such act or omission was or was not negligent, or
of any combination of the foregoing clauses.
(j) NATIONAL RESPONSE SYSTEM.—
(1) IN GENERAL.—Consistent with the National Contingency
Plan required by subsection (c)(2) of this section, as soon
as practicable after the effective date of this section, and from
time to time thereafter, the President shall issue regulations
consistent with maritime safety and with marine and navigation
laws (A) establishing methods and procedures for removal
of discharged oil and hazardous substances, (B) establishing
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 cargoes
in order to reduce the likelihood of discharges of oil from
vessels in violation of this section.
(2) NATIONAL RESPONSE UNIT.—The Secretary of the department
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 computer
list of spill removal resources, personnel, and equipment
that is available worldwide and within the areas designated
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 Coordinator;
(C) shall coordinate use of private and public personnel
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 facility
operating in or near an area designated by the President
pursuant to paragraph (4);
(D) may provide technical assistance in the preparation
of Area Contingency Plans required under paragraph
(4);
(E) shall administer Coast Guard strike teams established
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 responsibilities
under this subsection.
(3) COAST GUARD DISTRICT RESPONSE GROUPS.—(A) The
Secretary of the department in which the Coast Guard is operating
shall establish in each Coast Guard district a Coast
Guard District Response Group.
(B) Each Coast Guard District Response Group shall consist
of—
(i) the Coast Guard personnel and equipment, including
firefighting equipment, of each port within the district;
(ii) additional prepositioned equipment; and
(iii) a district response advisory staff.
(C) Coast Guard district response groups—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
151 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
(i) shall provide technical assistance, equipment, and
other resources when required by a Federal On-Scene Coordinator;
(ii) shall maintain all Coast Guard response equipment
within its district;
(iii) may provide technical assistance in the preparation
of Area Contingency Plans required under paragraph
(4); and
(iv) shall review each of those plans that affect its area
of geographic responsibility.
(4) AREA COMMITTEES AND AREA CONTINGENCY PLANS.—(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 Federal
On-Scene Coordinator for its area, shall—
(i) prepare for its area the Area Contingency Plan required
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 wildlife;
and
(iii) work with State and local officials to expedite decisions
for the use of dispersants and other mitigating substances
and devices.
(C) Each Area Committee shall prepare and submit to the
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 discharge,
and to mitigate or prevent a substantial threat of
such a discharge, from a vessel, offshore facility, or onshore
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 removing
a discharge, and in mitigating or preventing a substantial
threat of a discharge;
(iv) list the equipment (including firefighting equipment),
dispersants or other mitigating substances and devices,
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 mitigation
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002

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 obtaining
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 requires;
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 approved.
(5) TANK VESSEL AND FACILITY RESPONSE PLANS.—(A) The
President shall issue regulations which require an owner or operator
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 hazardous
substance.
(B) The tank vessels and facilities referred to in subparagraph
(A) are the following:
(i) A tank vessel, as defined under section 2101 of title
46, United States Code.
(ii) An offshore facility.
(iii) An onshore facility that, because of its location,
could reasonably be expected to cause substantial harm to
the environment by discharging into or on the navigable
waters, adjoining shorelines, or the exclusive economic
zone.
(C) A response plan required under this paragraph shall—
(i) be consistent with the requirements of the National
Contingency Plan and Area Contingency Plans;
(ii) identify the qualified individual having full authority
to implement removal actions, and require immediate
communications between that individual and the appropriate
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 personnel
and equipment necessary to remove to the maximum
extent practicable a worst case discharge (including
a discharge resulting from fire or explosion), and to mitigate
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 discharge;
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
153 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
1 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.
(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 location,
could reasonably be expected to cause significant and substantial
harm to the environment by discharging into or on the
navigable waters or adjoining shorelines or the exclusive economic
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) 1 A tank vessel, offshore facility, or onshore facility required
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 onshore
facility for which a response plan is reviewed by the
President under subparagraph (D), the plan has been approved
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 paragraph,
until not later than 2 years after the date of the submission
to the President of a plan for the tank vessel or facility,
if the owner or operator certifies that the owner or operator
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 discharge.
(G) The owner or operator of a tank vessel, offshore facility,
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 response
plan.
(H) The Secretary shall maintain, in the Vessel Identification
System established under chapter 125 of title 46, United
States Code, the dates of approval and review of a response
plan under this paragraph for each tank vessel that is a vessel
of the United States.
(6) EQUIPMENT REQUIREMENTS AND INSPECTION.—Not later
than 2 years after the date of enactment of this section, the
President shall require—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 154
(A) periodic inspection of containment booms, skimmers,
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 appropriate
removal equipment that employs the best technology
economically feasible and that is compatible with
the safe operation of the vessel.
(7) AREA DRILLS.—The President shall periodically conduct
drills of removal capability, without prior notice, in areas for
which Area Contingency Plans are required under this subsection
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 facilities
in the area, and private industry. The President may
publish annual reports on these drills, including assessments
of the effectiveness of the plans and a list of amendments
made to improve plans.
(8) UNITED STATES GOVERNMENT NOT LIABLE.—The United
States Government is not liable for any damages arising from
its actions or omissions relating to any response plan required
by this section.
[Subsection (k) was repealed by sec. 2002(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 personnel,
services, and facilities of other Federal departments, agencies,
and instrumentalities.
(m) ADMINISTRATIVE PROVISIONS.—
(1) FOR VESSELS.—Anyone authorized by the President to
enforce the provisions of this section with respect to any vessel
may, except as to public vessels—
(A) board and inspect any vessel upon the navigable
waters of the United States or the waters of the contiguous
zone,
(B) with or without a warrant, arrest any person who
in the presence or view of the authorized person violates
the provisions of this section or any regulation issued
thereunder, and
(C) execute any warrant or other process issued by an
officer or court of competent jurisdiction.
(2) FOR FACILITIES.—
(A) RECORDKEEPING.—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
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
155 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
the case may be, may require to carry out the objectives
of this section.
(B) ENTRY AND INSPECTION.—Whenever required to
carry out the purposes of this section, the Administrator or
the Secretary of the Department in which the Coast Guard
is operating or an authorized representative of the Administrator
or Secretary, upon presentation of appropriate credentials,
may—
(i) enter and inspect any facility to which this section
applies, including any facility at which any
records are required to be maintained under subparagraph
(A); and
(ii) at reasonable times, have access to and copy
any records, take samples, and inspect any monitoring
equipment or methods required under subparagraph
(A).
(C) ARRESTS AND EXECUTION OF WARRANTS.—Anyone
authorized by the Administrator or the Secretary of the department
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 regulation
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) PUBLIC ACCESS.—Any records, reports, or information
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 Virgin
Islands. In the case of American Samoa and the Trust Territory
of the Pacific Islands, such actions may be brought in the District
Court of the United States for the District of Hawaii and such
court shall have jurisdiction of such actions. In the case of the
Canal Zone, such actions may be brought in the United States District
Court for the District of the Canal Zone.
(o)(1) Nothing in this section shall affect or modify in any way
the obligations of any owner or operator of any vessel, or of any
owner or operator of any onshore facility or offshore facility to any
person or agency under any provision of law for damages to any
publicly owned or privately owned property resulting from a discharge
of any oil or 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 requirement
or liability with respect to the discharge of oil or haz-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 312 FEDERAL WATER POLLUTION CONTROL ACT 156
ardous substance into any waters within such State, or with respect
to any removal activites related to such discharge.
(3) Nothing in this section shall be construed as affecting or
modifying any other existing authority of any Federal department,
agency, or instrumentality, relative to onshore or offshore facilities
under this Act or any other provision of law, or to affect any State
or local law not in conflict with this section.
[Subsection (p) was repealed by sec. 2002(b)(4) of Public Law
101-380, 104 Stat. 507.]
(q) The President is authorized to establish, with repect to any
class or category of onshore or offshore facilities, a maximum limit
of liability under subsections (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 authorize
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 discharges,
of oil. Any amounts received by the United States under
this section shall be deposited in the Oil Spill Liability Trust Fund.
(33 U.S.C. 1321)
MARINE SANITATION DEVICES
SEC. 312. (a) For the purpose of this section, the term—
(1) ‘‘new vessel’’ includes every description of watercraft or
other artificial contrivance used, or capable of being used, as
a means of transportation on the navigable waters, the construction
of which is initiated after promulgation of standards
and regulations under this section;
(2) ‘‘existing vessel’’ includes every description of
watercraft or other artificial contrivance used, or capable of
being used, as a means of transportation on the navigable waters,
the construction of which is initiated before promulgation
of standards and regulations under this section;
(3) ‘‘public vessel’’ means a vessel owned or bareboat chartered
and operated by the United States, by a State or political
subdivision thereof, or by a foreign nation, except when such
vessel is engaged in commerce;
(4) ‘‘United States’’ includes the States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Canal Zone, and the Trust Territory
of the Pacific Islands;
(5) ‘‘marine sanitation device’’ includes any equipment for
installation on board a vessel which is designed to receive, retain,
treat, or discharge sewage, and any process to treat such
sewage;
(6) ‘‘sewage’’ means human body wastes and the wastes
from toilets and other receptacles intended to receive or retain
body wastes except that, with respect to commercial vessels on
the Great Lakes, such term shall include graywater;
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
157 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312
(7) ‘‘manufacture’’ means any person engaged in the manufacturing,
assembling, or importation of marine sanitation devices
or of vessels subject to standards and regulations promulgated
under this section;
(8) ‘‘person’’ means an individual, partnership, firm, corporation,
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 maneuvering
system, crew habitability system, or installed
major equipment, such as an aircraft carrier elevator
or a catapult, or from a protective, preservative, or absorptive
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 equipment
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 discharge
a discharge incidental to the normal operation of a
vessel; and
(B) determined by the Administrator and the Secretary
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 Administrator,
after consultation with the Secretary of the department
in which the Coast Guard is operating, after giving appropriate
consideration to the economic costs involved, and within the
limits of available technology, shall promulgate Federal standards
of performance for marine sanitation devices (hereinafter in this
section referred to as ‘‘standards’’) which shall be designed to prevent
the discharge of untreated or inadequately treated sewage
into or upon the navigable waters from new vessels and existing
vessels, except vessels not equipped with 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 coordinated
with the regulations issued under this subsection by the
Secretary of the department in which the Coast Guard is operating.
The Secretary of the department in which the Coast Guard is operating
shall promulgate regulations, which are consistent with
standards promulgated under this subsection and subsection (c) of
this section and with maritime safety and the marine and navigation
laws and regulations governing the design, construction, installation,
and operation of any marine sanitation device on board
such vessels.
(2) Any existing vessel equipped with a marine sanitation device
on the date of promulgation of initial standards and regulations
under this section, which device is in compliance with such
initial standards and regulations, shall be deemed in compliance
with this section until such time as the device is replaced or is
found not to be in compliance with such initial standards and regulations.
(c)(1)(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, unless
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 minimum
the equivalent of secondary treatment as defined under section
304(d) of this Act. Such standards and regulations shall take
effect for existing vessels after such time as the Administrator determines
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 distinguish
among classes, types, and sizes of vessels as well as between
new and existing vessels, and may waive applicability of standards
and regulations as necessary or appropriate for such classes, types,
and sizes of vessels (including existing vessels equipped with ma-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 individual
vessels.
(d) The provisions of this section and the standards and regulations
promulgated hereunder apply to vessels owned and operated
by the United States unless the Secretary of Defense finds that
compliance would not be in the interest of national security. With
respect to vessels owned and operated by the Department of Defense,
regulations under the last sentence of subsection (b)(1) 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 department
in which the Coast Guard is operating shall consult with the
Secretary of State; the Secretary of Health, Education, and Welfare;
the Secretary of Defense; the Secretary of the Treasury; the
Secretary of Commerce; other interested Federal agencies; and the
States and industries interested; and otherwise comply with the requirements
of section 553 of title 5 of the United States Code.
(f)(1)(A) Except as provided in subparagraph (B), after the effective
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 regulation
is more stringent than the standards and regulations promulgated
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 regulations
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 subsection,
become effective with respect to such vessel on the date of
such compliance.
(3) After the effective date of the initial standards and regulations
promulgated under this section, if any State determines that
the protection and enhancement of the quality of some or all of the
waters within such State require greater environmental protection,
such State may completely prohibit the discharge from all vessels
of any sewage, whether treated or not, into such waters, except
that no such prohibition shall apply until the Administrator determines
that adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels are reasonably available
for such water to which such prohibition would apply. Upon application
of the State, the Administrator shall make such determination
within 90 days of the date of such application.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 specified
waters within such State requires such a prohibition, he shall
by regulation completely prohibit the discharge from a vessel of
any sewage (whether treated or not) into such waters.
(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 vessels
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 unless
such device is in all material respects substantially the same
as a test device certified under this subsection.
(2) Upon application of the manufacturer, the Secretary of the
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 standards
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 respects
substantially the same as the certified test device shall be
deemed to be in conformity with the appropriate standards and
regulations established under this section.
(3) Every manufacturer shall establish and maintain such
records, make such reports, and provide such information as the
Administrator or the Secretary of the department in which the
Coast Guard is 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 reasonable
times to have access to and copy such records. All information
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 confidential
for the purpose of that section, except that such information
may be disclosed to other officers or employees concerned with carrying
out this section. This paragraph shall not apply in the case
of the construction of a vessel by an individual for his own use.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
161 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312
(h) After the effective date of standards and regulations promulgated
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 appropriate
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 purchaser,
wrongfully to remove or render inoperative any certified
marine sanitation device or element of design of such device
installed in such vessel;
(3) for any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide information
required under this section; and
(4) for a vessel subject to such standards and regulations
to operate on the navigable waters of the United States, if such
vessel is not equipped with an operable marine sanitation device
certified pursuant to this section.
(i) The district courts of the United States shall have jurisdictions
to restrain violations of subsection (g)(1) 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 resides
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 appear
and produce documents, and any failure to obey such order of
the court may be punished by such court as a contempt thereof.
(j) Any person who violates subsection (g)(1), clause (1) or (2)
of subsection (h), or subsection (n)(8) shall be liable to a civil penalty
of not more than $5,000 for each violation. Any person who
violates clause (4) of subsection (h) of this section or any regulation
issued pursuant to this section shall be liable to a civil penalty of
not more than $2,000 for each violation. Each violation shall be a
separate offense. The Secretary of the department in which the
Coast Guard is operating may assess and compromise any such
penalty. No penalty shall be assessed until the person charged
shall have been given notice and an opportunity for a hearing on
such charge. In determining the amount of the penalty, or the
amount agreed upon in compromise, the gravity of the violation,
and the demonstrated good faith of the person charged in attempting
to achieve rapid compliance, after notification of a violation,
shall be considered by said Secretary.
(k) The provisions of this section shall be enforced by the Secretary
of the department in which the Coast Guard is operating
and he may utilize by agreement, with or without reimbursement,
law enforcement officers or other personnel and facilities of the Administrator,
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.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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) execute
any warrant or other process issued by an officer or court of
competent jurisdiction.
(m) In the case of Guam and the Trust Territory of the Pacific
Islands, actions arising under this section may be brought in the
district court of Guam, and in the case of the Virgin Islands such
actions may be brought in the district court of the Virgin Islands.
In the case of American Samoa and the Trust Territory of the Pacific
Islands, such actions may be brought in the District Court of
the United States for the District of Hawaii and such court shall
have jurisdiction of such actions. In the case of the Canal Zone,
such actions may be brought in the District Court for the District
of the Canal Zone.
(n) UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS
OF THE ARMED FORCES.—
(1) APPLICABILITY.—This subsection shall apply to vessels
of the Armed Forces and discharges, other than sewage, incidental
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) DETERMINATION OF DISCHARGES REQUIRED TO BE CONTROLLED
BY MARINE POLLUTION CONTROL DEVICES.—
(A) IN GENERAL.—The Administrator and the Secretary
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 operation
of a vessel of the Armed Forces for which it is reasonable
and practicable to require use of a marine pollution
control device to mitigate adverse impacts on the marine
environment. Notwithstanding subsection (a)(1) of section
553 of title 5, United States Code, the Administrator
and the Secretary of Defense shall promulgate the determinations
in accordance with such section. The Secretary
of Defense shall require the use of a marine pollution control
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) CONSIDERATIONS.—In making a determination
under subparagraph (A), the Administrator and the Secretary
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 pollution
control device;
(iv) the effect that installation or use of the marine
pollution control device would have on the operation
or operational capability of the vessel;
(v) applicable United States law;
(vi) applicable international standards; and
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
163 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312
(vii) the economic costs of the installation and use
of the marine pollution control device.
(3) PERFORMANCE STANDARDS FOR MARINE POLLUTION CONTROL
DEVICES.—
(A) IN GENERAL.—For each discharge for which a marine
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 department
in which the Coast Guard is operating, the Secretary
of State, the Secretary of Commerce, other interested
Federal agencies, and interested States, shall jointly
promulgate Federal standards of performance for each marine
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 accordance
with such section.
(B) CONSIDERATIONS.—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).
(C) CLASSES, TYPES, AND SIZES OF VESSELS.—The
standards promulgated under this paragraph may—
(i) distinguish among classes, types, and sizes of
vessels;
(ii) distinguish between new and existing vessels;
and
(iii) provide for a waiver of the applicability of the
standards as necessary or appropriate to a particular
class, type, age, or size of vessel.
(4) REGULATIONS FOR USE OF MARINE POLLUTION CONTROL
DEVICES.—The 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) DEADLINES; EFFECTIVE DATE.—
(A) DETERMINATIONS.—The Administrator and the
Secretary of Defense shall—
(i) make the initial determinations under paragraph
(2) not later than 2 years after the date of the
enactment of this subsection; and
(ii) every 5 years—
(I) review the determinations; and
(II) if necessary, revise the determinations
based on significant new information.
(B) STANDARDS.—The Administrator and the Secretary
of Defense shall—
(i) promulgate standards of performance for a marine
pollution control device under paragraph (3) not
later than 2 years after the date of a determination
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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, consistent
with paragraph (3)(B) and based on significant
new information.
(C) REGULATIONS.—The Secretary of Defense shall
promulgate regulations with respect to a marine pollution
control device under paragraph (4) as soon as practicable
after the Administrator and the Secretary of Defense promulgate
standards with respect to the device under paragraph
(3), but not later than 1 year after the Administrator
and the Secretary of Defense promulgate the standards.
The regulations promulgated by the Secretary of Defense
under paragraph (4) shall become effective upon promulgation
unless another effective date is specified in the
regulations.
(D) PETITION FOR REVIEW.—The Governor of any State
may submit a petition requesting that the Secretary of Defense
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 matters
set forth in paragraph (2)(B). The petition shall be accompanied
by the scientific and technical information on
which the petition is based. The Administrator and the
Secretary of Defense shall grant or deny the petition not
later than 2 years after the date of receipt of the petition.
(6) EFFECT ON OTHER LAWS.—
(A) PROHIBITION ON REGULATION BY STATES OR POLITICAL
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 marine
pollution control device regarding a particular discharge
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) FEDERAL LAWS.—This subsection shall not affect
the application of section 311 to discharges incidental to
the normal operation of a vessel.
(7) ESTABLISHMENT OF STATE NO-DISCHARGE ZONES.—
(A) STATE PROHIBITION.—
(i) IN GENERAL.—After the effective date of—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 operation
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 enhancement
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 described
in subclauses (II) and (III) of subparagraph
(B)(i).
(ii) DOCUMENTATION.—To the extent that a prohibition
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 environmental
basis for the distinction.
(B) PROHIBITION BY THE ADMINISTRATOR.—
(i) IN GENERAL.—Upon application of a State, the
Administrator shall by regulation prohibit the discharge
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 require
a prohibition of the discharge into the waters;
(II) adequate facilities for the safe and sanitary
removal of the discharge incidental to the
normal operation of a vessel are reasonably available
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) APPROVAL OR DISAPPROVAL.—The Administrator
shall approve or disapprove an application submitted
under clause (i) not later than 90 days after the
date on which the application is submitted to the Administrator.
Notwithstanding clause (i)(II), the Administrator
shall not disapprove an application for the
sole reason that there are not adequate facilities to remove
any discharge incidental to the normal operation
of a vessel from vessels of the Armed Forces.
(C) APPLICABILITY TO FOREIGN FLAGGED VESSELS.—A
prohibition under this paragraph—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 313 FEDERAL WATER POLLUTION CONTROL ACT 166
(i) shall not impose any design, construction, manning,
or equipment standard on a foreign flagged vessel
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 prohibition
implements an applicable international regulation
regarding the discharge of oil, oily waste, or any other
noxious substance into the waters.
(8) PROHIBITION RELATING TO VESSELS OF THE ARMED
FORCES.—After the effective date of the regulations promulgated
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 subsection;
or
(B) discharge overboard any discharge incidental to
the normal operation of a vessel in waters with respect to
which a prohibition on the discharge has been established
under paragraph (7).
(9) ENFORCEMENT.—This subsection shall be enforceable,
as provided in subsections (j) and (k), against any agency of the
United States responsible for vessels of the Armed Forces notwithstanding
any immunity asserted by the agency.
(33 U.S.C. 1322)
FEDERAL FACILITIES POLLUTION CONTROL
SEC. 313. (a) Each department, agency, or instrumentality of
the executive, legislative, and judicial branches of the Federal Government
(1) having jurisdiction over any property or facility, or (2)
engaged in any activity resulting, or which may result, in the discharge
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 requirements,
administrative authority, and process and sanctions respecting
the control and abatement of water pollution in the same manner,
and to the same extent as any nongovernmental entity including
the payment of reasonable service charges. The preceding sentence
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 administrative
authority, and (C) to any process and sanction, whether
enforced in Federal, State, or local courts or in any other manner.
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,
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 instrumentality
or officer, agent, or employee thereof is subject pursuant
to this section, and any such proceeding may be removed in accordance
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 paramount
interest of the United States to do so; except that no exemption
may be granted from the requirements of section 306 or 307
of this Act. No such exemptions shall be granted due to lack of appropriation
unless the President shall have specifically requested
such appropriation as a part of the budgetary process and the Congress
shall have failed to make available such requested appropriation.
Any exemption shall be for a period not in excess of one year,
but additional exemptions may be granted for periods of not to exceed
one year upon the President’s making a new determination.
The President shall report each January to the Congress all exemptions
from the requirements of this section granted during the preceding
calendar year, together with his reason for granting such exemption.
In addition to any such exemption of a particular effluent
source, the President may, if he determines it to be in the paramount
interest of the United States to do so, issue regulations exempting
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 (including
the Coast Guard) or by the National Guard of any State
and which are uniquely military in nature. The President shall reconsider
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 treatment
of wastewater at any Federal property or facility after September
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 recycle
and reuse techniques and land treatment are not utilized, unless
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
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 paragraph
would interfere with the orderly compliance with the conditions
of a permit issued pursuant to section 402 of this Act.
(33 U.S.C. 1323)
CLEAN LAKES
SEC. 314. (a) ESTABLISHMENT AND SCOPE OF PROGRAM.—
(1) STATE PROGRAM REQUIREMENTS.—Each State on a biennial
basis shall prepare and submit to the Administrator for
his approval—
(A) an identification and classification according to eutrophic
condition of all publicly owned lakes in such State;
(B) a description of procedures, processes, and methods
(including land use requirements), to control sources of
pollution of such lakes;
(C) a description of methods and procedures, in conjunction
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 impaired,
including those lakes which are known not to meet
applicable water quality standards or which require implementation
of control programs to maintain compliance
with applicable standards and those lakes in which water
quality has deteriorated as a result of high acidity that
may reasonably be due to acid deposition; and
(F) an assessment of the status and trends of water
quality in lakes in such State, including but not limited to,
the nature and extent of pollution loading from point and
nonpoint sources and the extent to which the use of lakes
is impaired as a result of such pollution, particularly with
respect to toxic pollution.
(2) SUBMISSION AS PART OF 305(b)(1) REPORT.—The information
required under paragraph (1) shall be included in the report
required under section 305(b)(1) of this Act, beginning
with the report required under such section by April 1, 1988.
(3) ELIGIBILITY 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 section.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 section.
(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 approved
methods and procedures under subsection (a) of this section.
(d) DEMONSTRATION PROGRAM.—
(1) GENERAL REQUIREMENTS.—The Administrator is authorized
and directed to establish and conduct at locations
throughout the Nation a lake water quality demonstration program.
The program shall, at a minimum—
(A) develop cost effective technologies for the control of
pollutants to preserve or enhance lake water quality while
optimizing multiple lakes uses;
(B) control nonpoint sources of pollution which are
contributing to the degradation of water quality in lakes;
(C) evaluate the feasibility of implementing regional
consolidated pollution control strategies;
(D) demonstrate environmentally preferred techniques
for the removal and disposal of contaminated lake sediments;
(E) develop improved methods for the removal of silt,
stumps, aquatic growth, and other obstructions which impair
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 despoiled
land.
(2) GEOGRAPHICAL REQUIREMENTS.—Demonstration
projects authorized by this subsection shall be undertaken to
reflect a variety of geographical and environmental conditions.
As a priority, the Administrator shall undertake demonstration
projects at Lake Champlain, New York and Vermont; Lake
Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and
Belcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon
Lake, New Jersey; Gorton’s Pond, Rhode Island; Lake Washington,
Rhode Island; Lake Bomoseen, Vermont; Sauk Lake,
Minnesota; and Lake Worth, Texas.
(3) REPORTS.—By January 1, 1997, and January 1 of every
odd-numbered year thereafter, the Administrator shall report
to the Committee on Transportation and Infrastructure of the
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 committees
a final report on the results of such program, along
with recommendations for further measures to improve the
water quality of the Nation’s lakes.
(4) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There is authorized to be appropriated
to carry out this subsection not to exceed
$40,000,000 for fiscal years beginning after September 30,
1986, to remain available until expended.
(B) SPECIAL AUTHORIZATIONS.—
(i) AMOUNT.—There is authorized to be appropriated
to carry out subsection (b) with respect to subsection
(a)(1)(D) not to exceed $15,000,000 for fiscal
years beginning after September 30, 1986, to remain
available until expended.
(ii) DISTRIBUTION OF FUNDS.—The Administrator
shall provide for an equitable distribution of sums appropriated
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 effects
on lakes and other surface waters of high acidity
that may reasonably be due to acid deposition or acid
mine drainage.
(iii) GRANTS AS ADDITIONAL ASSISTANCE.—The
amount of any grant to a State under this subparagraph
shall be in addition to, and not in lieu of, any
other Federal financial assistance.
(33 U.S.C. 1324)
NATIONAL STUDY COMMISSION
SEC. 315. (a) There is established a National Study Commission,
which shall make a full and complete investigation and study
of all of the technological aspects of achieving, and all aspects of
the total economic, social, and environmental effects of achieving or
not 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, including
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 committee,
appointed by the Speaker of the House, and five members
of the public appointed by the President. The Chairman of such
Commission shall be elected from among its members.
(c) In the conduct of such study, the Commission is authorized
to contract with the National Academy of Sciences and the National
Academy of Engineering (acting through the National Research
Council), the National Institute of Ecology, Brookings Institution,
and other nongovernmental entities, for the investigation of
matters within their competence.
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
171 FEDERAL WATER POLLUTION CONTROL ACT Sec. 316
(d) The heads of the departments, agencies and instrumentalities
of the executive branch of the Federal Government shall cooperate
with the Commission in carrying out the requirements of
this section, and shall furnish to the Commission such information
as the 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 employees
of the United States, while attending conferences or meetings
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 provided
in the General Schedule under section 5332 of title V of the
United States Code, including traveltime and while away from
their homes or regular places of business they may be allowed travel
expenses, including per diem in lieu of subsistence as authorized
by law (5 U.S.C. 73b–2) for persons in the Government service employed
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 Commission
with such administrative and technical personnel as may be
necessary to carry out the purpose of this section. Personnel furnished
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 standards
which apply to employees of the legislative branches under
rules 41 and 43 of the Senate and House of Representatives, respectively.
(h) There is authorized to be appropriated, for use in carrying
out this section, not to exceed $17,250,000.
(33 U.S.C. 1325)
THERMAL DISCHARGES
SEC. 316. (a) With respect to any point source otherwise subject
to the provisions of section 301 or section 306 of this Act,
whenever the owner or operator of any such source, after opportunity
for public hearing, can demonstrate to the satisfaction of the
Administrator (or, if appropriate, the State) that any effluent limitation
proposed for the control of the thermal component of any discharge
from such source will require effluent limitations more
stringent than necessary to assure the 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 effluent
limitation under such sections for such plant, with respect
to the thermal component of such discharge (taking into account
the interaction of such thermal component with other pollutants),

Sec. 317 FEDERAL WATER POLLUTION CONTROL ACT 172
that will assure the projection and propagation of a balanced, indigenous
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 intake
structures reflect the best technology available for minimizing
adverse environmental impact.
(c) Notwithstanding any other provision of this Act, any point
source of a discharge having a thermal component, the modification
of which point source is commenced after the date of enactment of
the Federal Water Pollution Control Act Amendments of 1972 and
which, as modified, meets effluent limitations established under
section 301 or, if more stringent, effluent limitations established
under section 303 and which effluent limitations will assure protection
and propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in or on the water into which the discharge
is made, shall not be subject to any more stringent effluent limitation
with respect to the thermal component of its discharge during
a ten year period beginning on the date of completion of such modification
or during the period of depreciation or amortization of such
facility for the purpose of section 167 or 169 (or both) of the Internal
Revenue Code of 1954, whichever period ends first.
(33 U.S.C. 1326)
FINANCING STUDY
SEC. 317. (a) The Administrator shall continue to investigate
and study the feasibility of alternate methods of financing the cost
of preventing, controlling and abating pollution as directed in the
Water Quality Improvement Act of 1970 (Public Law 91–224), including,
but not limited to, the feasibility of establishing a pollution
abatement trust fund. The results of such investigation and study
shall be reported to the Congress not later than two years after enactment
of this title, together with recommendations of the Administrator
for financing the programs for preventing, controlling and
abating pollution for the fiscal years beginning after fiscal year
1976, including any necessary legislation.
(b) There is authorized to be appropriated for use in carrying
out this section, not to exceed $1,000,000.
(33 U.S.C. 1327)
AQUACULTURE
SEC. 318. (a) The Administrator is authorized, after public
hearings, to permit the discharge of a specific pollutant or pollutants
under controlled conditions associated with an approved aquaculture
project under Federal or State supervision pursuant to section
402 of this Act.
(b) The Administrator shall by regulation establish any procedures
and guidelines which the Administrator deems necessary to
carry out this section. Such regulations shall require the application
to such discharge of each criterion, factor, procedure, and requirement
applicable to a permit issued under section 402 of this
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
173 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319
title, as the Administrator determines necessary to carry out the
objective of this Act.
(c) Each State desiring to administer its own permit program
within its jurisdiction for discharge of a specific pollutant or pollutants
under controlled conditions associated with an approved aquaculture
project may do so if upon submission of such program the
Administrator determines such program is adequate to carry out
the objective of this Act.
(33 U.S.C. 1328)
SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.
(a) STATE ASSESSMENT REPORTS.—
(1) CONTENTS.—The Governor of each State shall, after notice
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 attain
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 subparagraph
(A) in amounts which contribute to such portion not
meeting such water quality standards or such goals and
requirements;
(C) describes the process, including intergovernmental
coordination and public participation, for identifying best
management practices and measures to control each category
and subcategory of nonpoint sources and, where appropriate,
particular nonpoint sources identified under
subparagraph (B) and to reduce, to the maximum extent
practicable, the level of pollution resulting from such category,
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 navigable
waters, including but not limited to those programs
which are receiving Federal assistance under subsections
(h) and (i).
(2) INFORMATION USED IN PREPARATION.—In developing the
report required by this section, the State (A) may rely upon information
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 management
plans developed pursuant to sections 208(b) and 303,
to the extent such elements are consistent with and fulfill the
requirements of this section.
(b) STATE MANAGEMENT PROGRAMS.—
(1) IN GENERAL.—The Governor of each State, for that
State or in combination with adjacent States, shall, after notice
and opportunity for public comment, prepare and submit to the
Administrator for approval a management program which such
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 319 FEDERAL WATER POLLUTION CONTROL ACT 174
State proposes to implement in the first four fiscal years beginning
after the date of submission of such management program
for controlling pollution added from nonpoint sources to the
navigable waters within the State and improving the quality of
such waters.
(2) SPECIFIC CONTENTS.—Each management program proposed
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 pollutant
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 appropriate,
nonregulatory or regulatory programs for enforcement,
technical assistance, financial assistance, education,
training, technology transfer, and demonstration projects)
to achieve implementation of the best management practices
by the categories, subcategories, and particular
nonpoint sources designated under subparagraph (A).
(C) A schedule containing annual milestones for (i) utilization
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 practices
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 pollution
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 management
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 funding
(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 measures
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 development
projects for their effect on water quality pursuant
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 subsection;
for the purposes of this subparagraph, identifica-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
175 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319
tion shall not be limited to the assistance programs or 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 State’s nonpoint
source pollution management program.
(3) UTILIZATION OF LOCAL AND PRIVATE EXPERTS.—In developing
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 pollution.
(4) DEVELOPMENT ON WATERSHED BASIS.—A State shall, to
the maximum extent practicable, develop and implement a
management program under this subsection on a watershedby-
watershed basis within such State.
(c) ADMINISTRATIVE PROVISIONS.—
(1) COOPERATION REQUIREMENT.—Any report required by
subsection (a) and any management program and report required
by subsection (b) shall be developed in cooperation with
local, substate regional, and interstate entities which are actively
planning for the implementation of nonpoint source pollution
controls and have either been certified by the Administrator
in accordance with section 208, have worked jointly with
the State on water quality management planning under section
205(j), or have been designated by the State legislative body or
Governor as water quality management planning agencies for
their geographic areas.
(2) TIME PERIOD FOR SUBMISSION OF REPORTS AND MANAGEMENT
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) APPROVAL OR DISAPPROVAL OF REPORTS AND MANAGEMENT
PROGRAMS.—
(1) DEADLINE.—Subject to paragraph (2), not later than
180 days after the date of submission to the Administrator of
any report or management program under this section (other
than subsections (h), (i), and (k)), the Administrator shall either
approve or disapprove such report or management program,
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 program,
or portion of a management program in such 180-day period,
such report, management program, or portion shall be
deemed approved for purposes of this section.
(2) PROCEDURE FOR DISAPPROVAL.—If, after notice and opportunity
for public comment and consultation with appropriate
Federal and State agencies and other interested persons,
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;
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 319 FEDERAL WATER POLLUTION CONTROL ACT 176
(B) adequate authority does not exist, or adequate resources
are not available, to implement such program or
portion;
(C) the schedule for implementing such program or
portion is not sufficiently expeditious; or
(D) the practices and measures proposed in such program
or portion are not adequate to reduce the level of pollution
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 modifications
necessary to obtain approval. The State shall thereupon
have an additional 3 months to submit its revised management
program and the Administrator shall approve or disapprove
such revised program within three months of receipt.
(3) FAILURE OF STATE TO SUBMIT REPORT.—If a Governor of
a State does not submit the report required by subsection (a)
within the period specified by subsection (c)(2), the Administrator
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 preceding
sentence and after notice and opportunity for comment,
the Administrator shall report to Congress on his actions pursuant
to this section.
(e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL ASSISTANCE.—
If a State fails to submit a management program under subsection
(b) or the Administrator does not approve such a management program,
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 determines
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 described
in subsection (b) and can be approved pursuant to subsection
(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 implementation
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 approved
under this section. Such financial assistance shall be subject
to the same terms and conditions as assistance provided to a
State under subsection (h).
(f) TECHNICAL ASSISTANCE FOR STATE.—Upon request of a
State, the Administrator may provide technical assistance to such
State in developing a management program approved under subsection
(b) for those portions of the navigable waters requested by
such State.
(g) INTERSTATE MANAGEMENT CONFERENCE.—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
177 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319
(1) CONVENING OF CONFERENCE; NOTIFICATION; PURPOSE.—
If any portion of the navigable waters in any State which is
implementing a management program approved under this
section is not meeting applicable water quality standards or
the goals and requirements of this Act as a result, in whole or
in part, of pollution from nonpoint sources in another State,
such State may petition the Administrator to convene, and the
Administrator shall convene, a management conference of all
States which contribute significant pollution resulting from
nonpoint sources to such portion. If, on the basis of information
available, the Administrator determines that a State is not
meeting applicable water quality standards or the goals and
requirements of this Act as a result, in whole or in part, of significant
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 develop
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 compacts,
Supreme Court decrees, or State water laws. This subsection
shall not apply to any pollution which is subject to the
Colorado River Basin Salinity Control Act. The requirement
that the Administrator convene a management conference
shall not be subject to the provisions of section 505 of this Act.
(2) STATE MANAGEMENT PROGRAM REQUIREMENT.—To the
extent that the States reach agreement through such conference,
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 meeting
applicable water quality standards or goals and requirements
of this Act will be revised to reflect such agreement.
Such management programs shall be consistent with Federal
and State law.
(h) GRANT PROGRAM.—
(1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT PROGRAMS.—
Upon application of a State for which a report submitted
under subsection (a) and a management program submitted
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 reserved
pursuant to section 205(j)(5) of this Act may be used to
develop and implement such management program.
(2) APPLICATIONS.—An application for a grant under this
subsection in any fiscal year shall be in such form and shall
contain such other information as the Administrator may require,
including an identification and description of the best
management practices and measures which the State proposes
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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) FEDERAL SHARE.—The Federal share of the cost of each
management program implemented with Federal assistance
under this subsection in any fiscal year shall not exceed 60
percent of the cost incurred by the State in implementing such
management program and shall be made on condition that the
non-Federal share is provided from non-Federal sources.
(4) LIMITATION ON GRANT AMOUNTS.—Notwithstanding any
other provision of this subsection, not more than 15 percent of
the amount appropriated to carry out this subsection may be
used to make grants to any one State, including any grants to
any local public agency or organization with authority to control
pollution from nonpoint sources in any area of such State.
(5) PRIORITY FOR EFFECTIVE MECHANISMS.—For each fiscal
year beginning after September 30, 1987, the Administrator
may give priority in making grants under this subsection, and
shall give consideration in determining the Federal share of
any such grant, to States which have implemented or are proposing
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 controlling
nonpoint sources of pollution, including regulatory
programs where the Administrator deems appropriate;
(C) control interstate nonpoint source pollution problems;
or
(D) carry out ground water quality protection activities
which the Administrator determines are part of a comprehensive
nonpoint source pollution control program, including
research, planning, ground water assessments,
demonstration programs, enforcement, technical assistance,
education, and training to protect ground water quality
from nonpoint sources of pollution.
(6) AVAILABILITY FOR OBLIGATION.—The funds granted to
each State pursuant to this subsection in a fiscal year shall remain
available for obligation by such State for the fiscal year
for which appropriated. The amount of any such funds not obligated
by the end of such fiscal year shall be available to the
Administrator for granting to other States under this subsection
in the next fiscal year.
(7) LIMITATION ON USE OF FUNDS.—States may use funds
from grants made pursuant to this section for financial assistance
to persons only to the extent that such assistance is related
to the costs of demonstration projects.
(8) SATISFACTORY PROGRESS.—No grant may be made
under this subsection in any fiscal year to a State which in the
preceding fiscal year received a grant under this subsection unless
the Administrator determines that such State made satisfactory
progress in such preceding fiscal year in meeting the
schedule specified by such State under subsection (b)(2).
(9) MAINTENANCE OF EFFORT.—No grant may be made to
a State under this subsection in any fiscal year unless such
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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 waters
in such State from nonpoint sources and improving the
quality of such waters at or above the average level of such expenditures
in its two fiscal years preceding the date of enactment
of this subsection.
(10) REQUEST FOR INFORMATION.—The Administrator may
request such information, data, and reports as he considers
necessary to make the determination of continuing eligibility
for grants under this section.
(11) REPORTING AND OTHER REQUIREMENTS.—Each State
shall report to the Administrator on an annual basis concerning
(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, reductions
in nonpoint source pollutant loading and improvements
in water quality for those navigable waters or watersheds
within the State which were identified pursuant to subsection
(a)(1)(A) of this section resulting from implementation
of the management program.
(12) LIMITATION ON ADMINISTRATIVE COSTS.—For purposes
of this subsection, administrative costs in the form of salaries,
overhead, or indirect costs for services provided and charged
against activities and programs carried out with a grant under
this subsection shall not exceed in any fiscal year 10 percent
of the amount of the grant in such year, except that costs of
implementing enforcement and regulatory activities, education,
training, technical assistance, demonstration projects, and
technology transfer programs shall not be subject to this limitation.
(i) GRANTS FOR PROTECTING GROUNDWATER QUALITY.—
(1) ELIGIBLE APPLICANTS AND ACTIVITIES.—Upon application
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 toward
implementation of a comprehensive nonpoint source pollution
control program. Such activities shall include, but not be
limited to, research, planning, groundwater assessment, demonstration
programs, enforcement, technical assistance, education
and training to protect the quality of groundwater and
to prevent contamination of groundwater from nonpoint
sources of pollution.
(2) APPLICATIONS.—An application for a grant under this
subsection shall be in such form and shall contain such information
as the Administrator may require.
(3) FEDERAL SHARE; MAXIMUM AMOUNT.—The Federal
share of the cost of assisting a State in carrying out groundwater
protection activities in any fiscal year under this subsection
shall be 50 percent of the costs incurred by the State
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out subsections (h) and (i) not to exceed
$70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for
each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year
1991; except that for each of such fiscal years not to exceed
$7,500,000 may be made available to carry out subsection (i). Sums
appropriated pursuant to this subsection shall remain available
until expended.
(k) CONSISTENCY OF OTHER PROGRAMS AND PROJECTS WITH
MANAGEMENT PROGRAMS.—The Administrator shall transmit to the
Office of Management and Budget and the appropriate Federal departments
and agencies a list of those assistance programs and development
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 Administrator,
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 requirements
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) COLLECTION OF INFORMATION.—The Administrator shall collect
and make available, through publications and other appropriate
means, information pertaining to management practices and
implementation methods, including, but not limited to, (1) information
concerning the costs and relative efficiencies of best management
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) SET ASIDE FOR ADMINISTRATIVE PERSONNEL.—Not less
than 5 percent of the funds appropriated pursuant to subsection (j)
for any fiscal year shall be available to the Administrator to maintain
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) MANAGEMENT CONFERENCE.—
(1) NOMINATION OF ESTUARIES.—The Governor of any State
may nominate to the Administrator an estuary lying in whole
or in part within the State as an estuary of national significance
and request a management conference to develop a comprehensive
management plan for the estuary. The nomination
shall document the need for the conference, the likelihood of
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
181 FEDERAL WATER POLLUTION CONTROL ACT Sec. 320
1 Both P.L. 100–653 and P.L. 100–658 inserted the same Massachusetts Bay phrase after Buzzards
Bay; so that the phrase appears twice.
2 P.L. 100–688, section 2001(3) inserted the Louisiana, Florida, New York bays after ‘‘Galveston,
Texas;’’ which technically could not be executed.
success, and information relating to the factors in paragraph
(2).
(2) CONVENING OF CONFERENCE.—
(A) IN GENERAL.—In any case where the Administrator
determines, on his own initiative or upon nomination of a
State under paragraph (1), that the attainment or maintenance
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 shellfish,
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 controls
of pollution in more than one State, the Administrator
shall select such estuary and convene a management
conference.
(B) PRIORITY CONSIDERATION.—The Administrator
shall give priority consideration under this section to Long
Island Sound, New York and Connecticut; Narragansett
Bay, Rhode Island; Buzzards Bay, Massachusetts; Massachusetts
Bay, Massachusetts (including Cape Cod Bay and
Boston Harbor); 1 Puget Sound, Washington; New York-
New Jersey Harbor, New York and New Jersey; Delaware
Bay, Delaware and New Jersey; Delaware Inland Bays,
Delaware; Albermarle Sound, North Carolina; Sarasota
Bay, Florida; San Francisco Bay, California; Santa Monica
Bay, California; Galveston Bay, Texas; 2 Barataria-
Terrebonne Bay estuary complex, Louisiana; Indian River
Lagoon, Florida; and Peconic Bay, New York.
(3) BOUNDARY DISPUTE EXCEPTION.—In any case in which
a boundary between two States passes through an estuary and
such boundary is disputed and is the subject of an action in
any court, the Administrator shall not convene a management
conference with respect to such estuary before a final adjudication
has been made of such dispute.
(b) PURPOSES OF CONFERENCE.—The purposes of any management
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, nutrients,
and natural resources within the estuarine zone to identify
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 compliance
schedules addressing point and nonpoint sources of pollution
to restore and maintain the chemical, physical, and bio-
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 320 FEDERAL WATER POLLUTION CONTROL ACT 182
logical integrity of the estuary, including restoration and maintenance
of water quality, a balanced indigenous population of
shellfish, fish and wildlife, and recreational activities in the estuary,
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 participating
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 requirements
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 objectives
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.
(c) MEMBERS OF CONFERENCE.—The members of a management
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 conference
is convened;
(2) international, interstate, or regional agencies or entities
having jurisdiction over all or a significant part of the estuary;
(3) each interested Federal agency, as determined appropriate
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 institutions,
and the general public, as determined appropriate by
the Administrator.
(d) UTILIZATION OF EXISTING DATA.—In developing a conservation
and management plan under this section, the management
conference shall survey and utilize existing reports, data, and studies
relating to the estuary that have been developed by or made
available to Federal, interstate, State, and local agencies.
(e) PERIOD OF CONFERENCE.—A management conference convened
under this section shall be convened for a period not to exceed
5 years. Such conference may be extended by the Administrator,
and if terminated after the initial period, may be reconvened
by the Administrator at any time thereafter, as may be necessary
to meet the requirements of this section.
(f) APPROVAL AND IMPLEMENTATION OF PLANS.—
(1) APPROVAL.—Not later than 120 days after the completion
of a conservation and management plan and after providing
for public review and comment, the Administrator shall
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
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) IMPLEMENTATION.—Upon approval of a conservation
and management plan under this section, such plan shall be
implemented. Funds authorized to be appropriated under titles
II and VI and section 319 of this Act may be used in accordance
with the applicable requirements of this Act to assist
States with the implementation of such plan.
(g) GRANTS.—
(1) RECIPIENTS.—The Administrator is authorized to make
grants to State, interstate, and regional water pollution control
agencies and entities, State coastal zone management agencies,
interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals.
(2) PURPOSES.—Grants under this subsection shall be
made to pay for assisting research, surveys, studies, and modeling
and other technical work necessary for the development
of a conservation and management plan under this section.
(3) FEDERAL SHARE.—The amount of grants to any person
(including a State, interstate, or regional agency or entity)
under this subsection for a fiscal year shall not exceed 75 percent
of the costs of such research, survey, studies, and work
and shall be made on condition that the non-Federal share of
such costs are provided from non-Federal sources.
(h) GRANT REPORTING.—Any person (including a State, interstate,
or regional agency or entity) that receives a grant under subsection
(g) shall report to the Administrator not later than 18
months after receipt of such grants and biennially there after on
the progress being made under this section.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Administrator not to exceed $12,000,000
per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and
1991 for—
(1) expenses related to the administration of management
conferences under this section, not to exceed 10 percent of the
amount appropriated under this subsection;
(2) making grants under subsection (g); and
(3) monitoring the implementation of a conservation and
management plan by the management conference or by the Administrator,
in any case in which the conference has been terminated.
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 Administration
to carry out subsection (j).
(j) RESEARCH.—
(1) PROGRAMS.—In order to determine the need to convene
a management conference under this section or at the request
of such a management conference, the Administrator shall coordinate
and implement, through the National Marine Pollution
Program Office and the National Marine Fisheries Service
of the National Oceanic and Atmospheric Administration, as
appropriate, for one or more estuarine zones—
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
Sec. 320 FEDERAL WATER POLLUTION CONTROL ACT 184
(A) a long-term program of trend assessment monitoring
measuring variations in pollutant concentrations,
marine ecology, and other physical or biological environmental
paramenters which may affect estuarine zones, to
provide the Administrator the capacity to determine the
potential and actual effects of alternative management
strategies and measures;
(B) a program of ecosystem assessment assisting in
the development of (i) baseline studies which determine
the state of estuarine zones and the effects of natural and
anthropogenic changes, and (ii) predictive models capable
of translating information on specific discharges or general
pollutant loadings within estuarine zones into a set of
probable effects on such zones;
(C) a comprehensive water quality sampling program
for the continuous monitoring of nutrients, chlorine, acid
precipitation dissolved oxygen, and potentially toxic pollutants
(including organic chemicals and metals) in estuarine
zones, after consultation with interested State, local, interstate,
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 pollutants
on water quality, the ecosystem, and designated or
potential uses of the estuarine zones.
(2) REPORTS.—The Administrator, in cooperation with the
Administrator of the National Oceanic and Atmospheric Administration,
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 Nation’s
estuarine zones, to the extent evaluated under this
subsection;
(C) a discussion of pollution problems and trends in
pollutant concentrations with a direct or indirect effect on
water quality, the ecosystem, and designated or potential
uses of each estuarine zone, to the extent evaluated under
this subsection; and
(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) DEFINITIONS.—For purposes of this section, the terms ‘‘estuary’’
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)
Q:\COMP\WATER2\CLEANWAT.003
November 27, 2002
185 FEDERAL WATER POLLUTION CONTROL ACT Sec. 401
TITLE IV—PERMITS AND LICENSES
CERTIFICATION
SEC. 401. (a)(1) Any applicant for a Federal license or permit
to conduct any activity including, but not limited to, the construction
or operation of facilities, which may result in any discharge
into the navigable waters, shall provide the licensing or permitting
agency a certification from the State in which the discharge originates
or will originate, or, if appropriate, from the interstate water
pollution control agency having jurisdiction over the navigable waters
at the point where the discharge originates or will originate,
that any such discharge will comply with the applicable provisions
of sections 301, 302, 303, 306, and 307 of this Act. In the case of
any such activity for which there is not an applicable effluent limitation
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 interstate
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 specific
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 Administrator,
as the case may be, fails or refuses to act on a request
for certification, within a reasonable period of time (which shall not
exceed one year) after receipt of such request, the certification requirements
of this 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, interstate
agency, or the Administrator, as the case may be.
(2) Upon receipt of such application and certification the licensing
or permitting agency shall immediately notify the Administrator
of such application and certification. Whenever such a discharge
may affect, as determined by the Administrator, the quality
of the waters of any other State, the Administrator within thirty
days of the date of notice of application for such Federal license or
permit shall so notify such other State, the licensing or permitting
agency, and the applicant. If, within sixty days after receipt of such
notification, such other State determines that such discharge will
affect the quality of its waters so as to violate any water quality
requirement in such State, and within such sixty-day period notifies
the Administrator and the licensing or permitting agency in
writing of its objection to the issuance of such license or permit and
requests a public hearing on such objection, the licensing or permitting
agency shall hold such a hearing. The Administrator shall at
such hearing submit his evaluation and recommendations with respect
to 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-
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 license
or permit.
(3) The certification obtained pursuant to paragraph (1) of this
subsection with respect to the construction of any facility shall fulfill
the requirements of this subsection with respect to certification
in 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 interstate
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 provisions
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) applicable
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 appropriate,
the interstate agency or the Administrator, with notice
of any proposed changes in the construction or operation of the facility
with respect to which a construction license or permit has
been granted, which changes may 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 license
or permit, the licensee or permittee shall provide an opportunity
for such certifying State, or, if appropriate, the interstate
agency or the Administrator to review the manner in which the facility
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 hearing,
suspend such license or permit. If such license or permit is
suspended, it shall remain suspended until notification is received
from the certifying State, agency, or Administrator, as the case
may be, that there is reasonable assurance that such facility or activity
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 certification
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
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 having
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 authority
of any department or agency pursuant to any other provision
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 applicant,
provide, for the purpose of this section, any relevant information
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, requirements,
or criteria.
(c) In order to implement the provisions of this section, the
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 licenses
or permittees, and to make an appropriate charge for such
use. Moneys received from such licensees or permittees shall be deposited
in the Treasury as miscellaneous receipts.
(d) Any certification provided under this section shall set forth
any effluent limitations and other limitations, and monitoring requirements
necessary to assure that any applicant for a Federal license
or permit will comply with any applicable effluent limitations
and other limitations, under section 301 or 302 of this Act, standard
of performance under section 306 of this Act, or prohibition, effluent
standard, or pretreatment standard under section 307 of this
Act, and with any other appropriate requirement of State 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
SEC. 402. (a)(1) Except as provided in sections 318 and 404 of
this Act, the Administrator may, after opportunity for public hearing,
issue a permit for the discharge of any pollutant, or combination
of pollutants, notwithstanding section 301(a), upon condition
that such discharge will meet either (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 determines
are necessary to carry out the provisions of this Act.
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
Sec. 402 FEDERAL WATER POLLUTION CONTROL ACT 188
(2) The Administrator shall prescribe conditions for such permits
to assure compliance with the requirements of paragraph (1)
of this subsection, including conditions on data and information collection,
reporting, and such other requirements as he deems appropriate.
(3) The permit program of the Administrator under paragraph
(1) of this subsection, and permits issued thereunder, shall be subject
to the same terms, conditions, and requirements as apply to a
State permit program and permits issued thereunder under subsection
(b) of this section.
(4) All permits for discharges into the navigable waters issued
pursuant to section 13 of the Act of March 3, 1899, shall be deemed
to be permits issued under this title, and permits issued under this
title shall be deemed to be permits issued under section 13 of the
Act of March 3, 1899, and shall continue in force and effect for
their term unless revoked, modified, or suspended in accordance
with the 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 enactment
of this Act shall be deemed to be an application for a permit
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 permits
for discharges into the navigable waters within the jurisdiction
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 conditions
as the Administrator determines are necessary to carry out
the provisions of this Act. No such permit shall issue if the Administrator
objects to such issuance.
(b) At any time after the promulgation of the guidelines required
by subsection (h)(2) of section 304 of this Act, the Governor
of each State desiring to administer its own permit program for
discharges into navigable waters within its jurisdiction may submit
to the 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 statement
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 described
program. The Administrator shall approve each such submitted
program unless he determines that adequate authority does
not exist:
(1) To issue permits which—
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
189 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402
(A) apply, and insure compliance with, any applicable requirements
of sections 301, 302, 306, 307, and 403;
(B) are for fixed terms not exceeding five years; and
(C) can be terminated or modified for cause including, but
not limited to, the following:
(i) violation of any condition of the permit;
(ii) obtaining a permit by misrepresentation, or failure
to disclose fully all relevant facts;
(iii) change in any condition that requires either a
temporary or permanent reduction or elimination of the
permitted discharge;
(D) control the disposal of pollutants into wells;
(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 application
(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 submit
written recommendations to the permitting State (and the Administrator)
with respect to any permit application and, if any part
of such written recommendations are not accepted by the permitting
State, that the permitting State will notify such affected State
(and the Administrator) in 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, including
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 identification
in terms of character and volume of pollutants of any significant
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 substantial
change in volume or character of pollutants being introduced
into such works by a source introducing pollutants into such
works at the time of issuance of the permit. Such notice shall include
information on the quality and quantity of effluent to be in-
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 determines,
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 promulgated
pursuant to section 304(h)(2) of this Act.
(3) Whenever the Administrator determines after public hearing
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 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.
(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND
WITHDRAWALS.—A State may return to the Administrator administration,
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-
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 paragraph,
the Administrator, pursuant to paragraph (2) of this subsection,
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 Administrator may issue the permit pursuant to subsection
(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 subsection
(h)(2) of section 304 of this Act, the Administrator is authorized
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 establishing
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 operating,
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 pursuant
to section 309(a) of this Act that a State with an approved program
has not commenced appropriate enforcement action with respect
to such permit, may proceed in a court of competent jurisdiction
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 authority
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 application
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-
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 administrative
disposition of such application has not been made because of
the failure of the applicant to furnish information reasonably required
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 pollutants
immediately prior to such date of enactment which source
is not subject to section 13 of the Act of March 3, 1899, the discharge
by such source shall not 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) LIMITATION ON PERMIT REQUIREMENT.—
(1) AGRICULTURAL RETURN FLOWS.—The Administrator
shall not require a permit under this section for discharges
composed entirely of return flows from irrigated agriculture,
nor shall the Administrator directly or indirectly, require any
State to require such a permit.
(2) STORMWATER RUNOFF FROM OIL, GAS, AND MINING OPERATIONS.—
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 exploration,
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 collecting
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) ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS
NOT REQUIRED.—To the extent a treatment works (as defined
in section 212 of this Act) which is publicly owned is not meeting
the requirements of a permit issued under this section for such
treatment works as a result of inadequate design or operation of
such treatment works, the Administrator, in issuing a permit
under this section, shall not require pretreatment by a person introducing
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 Administrator’s
authority under sections 307 and 309 of this Act, affect
State and local authority under sections 307(b)(4) and 510 of
this Act, relieve such treatment works of its obligations to meet requirements
established under this Act, or otherwise preclude such
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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) PARTIAL PERMIT PROGRAM.—
(1) STATE SUBMISSION.—The Governor of a State may submit
under subsection (b) of this section a permit program for
a portion of the discharges into the navigable waters in such
State.
(2) MINIMUM COVERAGE.—A partial permit program under
this subsection shall cover, at a minimum, administration of a
major category of the discharges into the navigable waters of
the State or a major component of the permit program required
by subsection (b).
(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PROGRAMS.—
The Administrator may approve a partial permit program
covering administration of a major category of discharges
under this subsection if—
(A) such program represents a complete permit program
and covers all of the discharges under the jurisdiction
of a department or agency of the State; and
(B) the Administrator determines that the partial program
represents a significant and identifiable part of the
State program required by subsection (b).
(4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT PROGRAMS.—
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 program
represents a significant and identifiable part of the
State program required by subsection (b); and
(B) the State submits, and the Administrator approves,
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 subsection
and agrees to make all reasonable efforts to assume
such administration by such date.
(o) ANTI-BACKSLIDING.—
(1) GENERAL PROHIBITION.—In the case of effluent limitations
established on the basis of subsection (a)(1)(B) of this section,
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 renewed,
reissued, or modified to contain effluent limitations
which are less stringent than the comparable effluent limitations
in the previous permit except in compliance with section
303(d)(4).
(2) EXCEPTIONS.—A permit with respect to which paragraph
(1) applies may be renewed, reissued, or modified to con-
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
Sec. 402 FEDERAL WATER POLLUTION CONTROL ACT 194
tain a less stringent effluent limitation applicable to a pollutant
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 limitation;
(B)(i) information is available which was not available
at the time of permit issuance (other than revised regulations,
guidance, or test methods) and which would have
justified the application of a less stringent effluent limitation
at the time of permit issuance; or
(ii) the Administrator determines that technical mistakes
or mistaken interpretations of law were made in
issuing the permit under subsection (a)(1)(B);
(C) a less stringent effluent limitation is necessary because
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 facilities
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 allocations
or any alternative grounds for translating water quality
standards into effluent limitations, except where the cumulative
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 pollutants
due to complying with the requirements of this Act or for
reasons otherwise unrelated to water quality.
(3) LIMITATIONS.—In no event may a permit with respect
to which paragraph (1) applies be renewed, reissued, or modified
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) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.—
(1) GENERAL RULE.—Prior to October 1, 1994, the Administrator
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.
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
195 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402
(2) EXCEPTIONS.—Paragraph (1) shall not.

apply with respect
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 enactment
of this subsection.
(B) A discharge associated with industrial activity.
(C) A discharge from a municipal separate storm
sewer system serving a population of 250,000 or more.
(D) A discharge from a municipal separate storm
sewer system serving a population of 100,000 or more but
less than 250,000.
(E) A discharge for which the Administrator or the
State, as the case may be, determines that the stormwater
discharge contributes to a violation of a water quality
standard or is a significant contributor of pollutants to waters
of the United States.
(3) PERMIT REQUIREMENTS.—
(A) INDUSTRIAL DISCHARGES.—Permits for discharges
associated with industrial activity shall meet all applicable
provisions of this section and section 301.
(B) MUNICIPAL DISCHARGE.—Permits for discharges
from municipal storm sewers—
(i) may be issued on a system- or jurisdiction-wide
basis;
(ii) shall include a requirement to effectively prohibit
non-stormwater discharges into the storm sewers;
and
(iii) shall require controls to reduce the discharge
of pollutants to the maximum extent practicable, including
management practices, control techniques and
system, design and engineering methods, and such
other provisions as the Administrator or the State determines
appropriate for the control of such pollutants.
(4) PERMIT APPLICATION REQUIREMENTS.—
(A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGES.—
Not later than 2 years after the date of the enactment of
this subsection, the Administrator shall establish regulations
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 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.
(B) OTHER MUNICIPAL DISCHARGES.—Not later than 4
years after the date of the enactment of this subsection,
the Administrator shall establish regulations setting forth
the permit application requirements for stormwater discharges
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
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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) STUDIES.—The Administrator, in consultation with the
States, shall conduct a study for the purposes of—
(A) identifying those stormwater discharges or classes
of stormwater discharges for which permits are not required
pursuant to paragraphs (1) and (2) of this subsection;
(B) determining, to the maximum extent practicable,
the nature and extent of pollutants in such discharges; and
(C) establishing procedures and methods to control
stormwater discharges to the extent necessary to mitigate
impacts on water quality.
Not later than October 1, 1988, the Administrator shall submit
to Congress a report on the results of the study described in
subparagraphs (A) and (B). Not later than October 1, 1989, the
Administrator shall submit to Congress a report on the results
of the study described in subparagraph (C).
(6) REGULATIONS.—Not later than October 1, 1993, the Administrator,
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 comprehensive
program to regulate such designated sources. The
program shall, at a minimum, (A) establish priorities, (B) establish
requirements for State stormwater management programs,
and (C) establish expeditious deadlines. The program
may include performance standards, guidelines, guidance, and
management practices and treatment requirements, as appropriate.
(q) COMBINED SEWER OVERFLOWS.—
(1) REQUIREMENT 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) WATER QUALITY AND DESIGNATED USE REVIEW GUIDANCE.—
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) REPORT.—Not later than September 1, 2001, the Administrator
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)
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
197 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404
OCEAN DISCHARGE CRITERIA
SEC. 403. (a) No permit under section 402 of this Act for a discharge
into the territorial sea, the waters of the contiguous zone,
or the oceans shall be issued, after promulgation of guidelines established
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 waters
of the territorial seas, the contiguous zone, and the oceans,
which shall include:
(A) the effect of disposal of pollutants on human health or
welfare, including but not limited to plankton, fish, shellfish,
wildlife, shorelines, and beaches;
(B) the effect of disposal of pollutants on marine life including
the transfer, concentration, and dispersal of pollutants
or their byproducts through biological, physical, and chemical
processes; changes in marine ecosystem diversity, productivity,
and stability; and species and community population changes;
(C) the effect of disposal, of pollutants on esthetic, recreation,
and economic values;
(D) the persistence and permanence of the effects of disposal
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 recycling
of pollutants including land-based alternatives; and
(G) the effect on alternate uses of the oceans, such as mineral
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
SEC. 404. (a) The Secretary may issue permits, after notice and
opportunity for public hearings for the discharge of dredged or fill
material into the navigable waters at specified disposal sites. Not
later than the fifteenth day after the date an applicant submits all
the information required to complete an application for a permit
under this subsection, the Secretary shall publish the notice required
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 Administrator,
in conjunction with the Secretary which guidelines shall be
based upon criteria comparable to the criteria applicable to the ter-
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 application
additionally of the economic impact of the site on navigation
and anchorage.
(c) The Administrator is authorized to prohibit the specification
(including the withdrawal of specification) of any defined area as
a disposal site, and he is authorized to deny or restrict the use of
any defined area for specification (including the withdrawal of specification)
as a disposal site, whenever he determines, after notice
and opportunity for public hearings, that the discharge of such materials
into such area will have an unacceptable adverse effect on
municipal water supplies, shellfish beds and fishery areas (including
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 determination
under this subsection.
(d) The term ‘‘Secretary’’ as used in this section means the Secretary
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 determines
that the activities in such category are similar in nature,
will cause only minimal adverse environmental effects when performed
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 subsection
(b)(1) of this section, and (B) set forth the requirements and
standards which shall apply to any activity authorized by such general
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 adverse
impact on the environment or such activities are more appropriately
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 activities
such as plowing, seeding, cultivating, minor drainage, harvesting
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 serviceable
structures such as dikes, dams, levees, groins, riprap,
breakwaters, causeways, and bridge abutments or approaches,
and transportation structures;
(C) for the purpose of construction or maintenance of farm
or stock ponds or irrigation ditches, or the maintenance of
drainage ditches;
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
199 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404
(D) for the purpose of construction of temporary sedimentation
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 characteristics
of the navigable waters are not impaired, that the
reach of the navigable waters is not reduced, and that any adverse
effect on the aquatic environment will be otherwise minimized;
(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 previously
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 adjacent
thereto), within its jurisdiction may submit to the Administrator
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 paragraph
(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 receipt
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-
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
Sec. 404 FEDERAL WATER POLLUTION CONTROL ACT 200
ments with respect to such program and statement to the Administrator
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 statement
submitted by any State under paragraph (1) of this subsection,
the Administrator shall determine, taking into account any
comments submitted by the Secretary and the Secretary of the Interior,
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.
(C) To assure 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.
(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 permit
may submit written recommendation to the permitting
State (and the Administrator) with respect to any permit application
and, if any part of such written recommendations are
not accepted by the permitting State, that the permitting State
will notify such affected State (and the Administrator) in writing
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 judgment
of the Secretary, 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.
(G) To abate violations of the permit or the permit program,
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.
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
201 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404
(2) If, with respect to a State program submitted under subsection
(g)(1) of this section, the Administrator determines that
such State—
(A) has the authority set forth in paragraph (1) of this subsection,
the Administrator shall approve the program and so
notify (i) such State, and (ii) the Secretary, who upon subsequent
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 permit may be issued pursuant to such State program;
or
(B) does not have the authority set forth in paragraph (1)
of this subsection, the Administrator shall so notify such State,
which notification shall also describe the revisions or modifications
necessary so that such State may resubmit such program
for a determination by the Administrator under this subsection.
(3) If the Administrator fails to make a determination with respect
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 Administrator
shall so notify such State and the Secretary who, upon subsequent
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 permit
may be issued by such State.
(4) After the Secretary receives notification from the Administrator
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 activities
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 approved
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 activities
in such State to which such general permit applies, the Secretary
shall suspend the administration and enforcement of such
general permit with respect to such activities.
(i) Whenever the Administrator determines after public hearing
that a State is not administering a program approved under
section (h)(2)(A) of this section, in accordance with this section, including,
but not limited to, the guidelines established under subsection
(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 receipt
of such notification, the Administrator shall (1) withdraw approval
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 respect
to which the State was issuing permits and that such authority
of the Secretary shall continue in effect until such time as the
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 pursuant
to this section shall transmit to the Administrator (1) 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, 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 Secretary
and the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service. If the Administrator
intends to provide written comments to such State with respect
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 consideration
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 ninetieth
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 received
such written comments in which the Administrator objects
(A) to the issuance of such proposed permit and such proposed permit
is one that has been submitted to the Administrator pursuant
to subsection (h)(1)(E), or (B) to the issuance of such proposed permit
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 objection
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 Secretary
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 authorized
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,
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
203 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404
or size within such category) of discharge within the State submitting
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 Secretary
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 writing
to the Secretary.
(n) Nothing in this section shall be construed to limit the authority
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 application
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 Departments
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 agreements
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 published
under subsection (a) of this section.
(r) The discharge of dredged or fill material as part of the construction
of a Federal project specifically authorized by Congress,
whether prior to or on or after the date of enactment of this subsection,
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 environmental
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 discharge
of dredged or fill material in connection with the construc-
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
Sec. 404 FEDERAL WATER POLLUTION CONTROL ACT 204
1 So in law. Probably should be ‘‘action’’.
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 condition
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 violation
occurs and other affected States. Any order issued under this
subsection shall be by personal service and shall state with reasonable
specificity the nature of the violation, specify a time for compliance,
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 appropriate
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 commencement
of such acton 1 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 violation
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 Secretary
to maintain navigation.
(33 U.S.C. 1344)
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
205 FEDERAL WATER POLLUTION CONTROL ACT Sec. 405
DISPOSAL OF SEWAGE SLUDGE
SEC. 405. (a) Notwithstanding any other provision of this Act
or of any other law, in the case where the disposal of sewage sludge
resulting from the operation of a treatment works as defined in section
212 of this Act (including the removal of in-place sewage
sludge from one location and its deposit at another location) would
result in any pollutant from such sewage sludge entering the navigable
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 regulations
shall require the application to such disposal of each criterion,
factor, procedure, and requirement applicable to a permit
issued under section 402 of this title.
(c) Each State desiring to administer its own permit program
for disposal of sewage sludge subject to subsection (a) of this section
within its jurisdiction may do so in accordance with section
402 of this Act.
(d) REGULATIONS.—
(1) REGULATIONS.—The Administrator, after consultation
with appropriate Federal and State agencies and other interested
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 determining
the measures and practices applicable to each such
use or disposal (including publication of information on
costs);
(C) identify concentrations of pollutants which interfere
with each such use or disposal.
The Administrator is authorized to revise any regulation
issued under this subsection.
(2) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.—
(A) ON BASIS OF AVAILABLE INFORMATION.—
(i) PROPOSED REGULATIONS.—Not later than November
30, 1986, the Administrator shall identify
those toxic pollutants which, on the basis of available
information on their toxicity, persistence, concentration,
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 paragraph
(1)(A).
(ii) FINAL REGULATIONS.—Not later than August
31, 1987, and after opportunity for public hearing, the
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
Sec. 405 FEDERAL WATER POLLUTION CONTROL ACT 206
Administrator shall promulgate the regulations required
by subparagraph (A)(i).
(B) OTHERS.—
(i) PROPOSED 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 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 pollutant for each such
use identified under paragraph (1)(A).
(ii) FINAL REGULATIONS.—Not later than June 15,
1988, the Administrator shall promulate the regulations
required by subparagraph (B)(i).
(C) REVIEW.—From time to time, but not less often
than every 2 years, the Administrator shall review the regulations
promulgated under this paragraph for the purpose
of identifying additional toxic pollutants and promulgating
regulations for such pollutants consistent with the requirements
of this paragraph.
(D) MINIMUM STANDARDS; COMPLIANCE DATE.—The
management practices and numerical criteria established
under subparagraphs (A), (B), and (C) shall be adequate to
protect public health and the environment from any reasonably
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 construction
of new pollution control facilities, in which case the
regulations shall require compliance as expeditiously as
practicable but in no case later than two years from the
date of their publication.
(3) ALTERNATIVE STANDARDS.—For purposes of this subsection,
if, in the judgment of the Administrator, it is not feasible
to prescribe or enforce a numerical limitation for a pollutant
identified under paragraph (2), the Administrator may instead
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 promulgates
a design or equipment standard under this subsection,
the Administrator shall include as part of such standard
such requirements as will assure the proper operation and
maintenance of any such element of design or equipment.
(4) CONDITIONS ON PERMITS.—Prior to the promulgation of
the regulations required by paragraph (2), the Administrator
shall impose conditions in permits issued to publicly owned
treatment works under section 402 of this Act or take such
other measures as the Administrator deems appropriate to protect
public health and the environment from any adverse effects
which may occur from toxic pollutants in sewage sludge.
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
207 FEDERAL WATER POLLUTION CONTROL ACT Sec. 405
(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in
this section is intended to waive more stringent requirements
established by this Act or any other law.
(e) MANNER OF SLUDGE DISPOSAL.—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) IMPLEMENTATION OF REGULATIONS.—
(1) THROUGH 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 subsection
(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 compliance
with any applicable requirements of this section. Not
later than December 15, 1986, the Administrator shall promulgate
procedures for approval of State programs pursuant to
this paragraph.
(2) THROUGH OTHER PERMITS.—In the case of a treatment
works described in paragraph (1) that is not subject to section
402 of this Act and to which none of the other above listed permit
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) STUDIES AND PROJECTS.—
(1) GRANT PROGRAM; INFORMATION GATHERING.—The Administrator
is authorized to conduct or initiate scientific studies,
demonstration projects, and public information and education
projects which are designed to promote the safe and
beneficial management or use of sewage sludge for such purposes
as aiding the restoration of abandoned mine sites, conditioning
soil for parks and recreation areas, agricultural and
horticultural uses, and other beneficial purposes. For the purposes
of carrying out this subsection, the Administrator may
make grants to State water pollution control agencies, other
public or nonprofit agencies, institutions, organizations, and individuals.
In cooperation with other Federal departments and
agencies, other public and private agencies, institutions, and
organizations, the Administrator is authorized to collect and
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
Sec. 406 FEDERAL WATER POLLUTION CONTROL ACT 208
disseminate information pertaining to the safe and beneficial
use of sewage sludge.
(2) AUTHORIZATION 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) MONITORING AND NOTIFICATION.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this section, after consultation and in cooperation
with appropriate Federal, State, tribal, and local officials
(including local health officials), and after providing public
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 waters
adjacent to beaches or similar points of access that are
used by the public for attainment of applicable water quality
standards for pathogens and pathogen indicators; and
(B) the prompt notification of the public, local governments,
and the Administrator of any exceeding of or likelihood
of exceeding applicable water quality standards for
coastal recreation waters described in subparagraph (A).
(2) LEVEL OF PROTECTION.—The performance criteria referred
to in paragraph (1) shall provide that the activities described
in subparagraphs (A) and (B) of that paragraph shall
be carried out as necessary for the protection of public health
and safety.
(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.—
(1) IN GENERAL.—The Administrator may make grants to
States and local governments to develop and implement programs
for monitoring and notification for coastal recreation waters
adjacent to beaches or similar points of access that are
used by the public.
(2) LIMITATIONS.—
(A) IN 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 subsection
(a);
(ii) the State or local government prioritizes the
use of grant funds for particular coastal recreation waters
based on the use of the water and the risk to
human health presented by pathogens or pathogen indicators;
(iii) the State or local government makes available
to the Administrator the factors used to prioritize the
use of funds under clause (ii);
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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) GRANTS TO LOCAL GOVERNMENTS.—The Administrator
may make a grant to a local government under this
subsection for implementation of a monitoring and notification
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 requirements
of this subsection, regardless of whether the
State has received a grant under this subsection.
(3) OTHER REQUIREMENTS.—
(A) REPORT.—A State recipient of a grant under this
subsection shall submit to the Administrator, in such format
and at such intervals as the Administrator determines
to be appropriate, a report that describes—
(i) data collected as part of the program for monitoring
and notification as described in subsection (c);
and
(ii) actions taken to notify the public when water
quality standards are exceeded.
(B) DELEGATION.—A State recipient of a grant under
this subsection shall identify each local government to
which the State has delegated or intends to delegate responsibility
for implementing a monitoring and notification
program consistent with the performance criteria published
under subsection (a) (including any coastal recreation
waters for which the authority to implement a monitoring
and notification program would be subject to the
delegation).
(4) FEDERAL SHARE.—
(A) IN 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) NON-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 determined
by the Administrator in consultation with
State, tribal, and local government representatives;
and
(ii) provided in cash or in kind.
(c) CONTENT OF STATE AND LOCAL GOVERNMENT PROGRAMS.—
As a condition of receipt of a grant under subsection (b), a State
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 notification,
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 assessment
of coastal recreation waters based on—
(A) the periods of recreational use of the waters;
(B) the nature and extent of use during certain periods;
(C) the proximity of the waters to known point sources
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 pathogens
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 harmful
to human health in coastal recreation waters (including increases
in relation to storm events);
(5) measures for prompt communication of the occurrence,
nature, location, pollutants involved, and extent of any exceeding
of, or likelihood of exceeding, applicable water quality
standards for pathogens and pathogen indicators to—
(A) the Administrator, in such form as the Administrator
determines to be appropriate; and
(B) a designated official of a local government having
jurisdiction over land adjoining the coastal recreation waters
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 expected
to meet applicable water quality standards for pathogens
and pathogen indicators; and
(7) measures that inform the public of the potential risks
associated with water contact activities in the coastal recreation
waters that do not meet applicable water quality standards.
(d) FEDERAL AGENCY PROGRAMS.—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 program
for the coastal recreation waters that—
(1) protects the public health and safety;
(2) is consistent with the performance criteria published
under subsection (a);
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
211 FEDERAL WATER POLLUTION CONTROL ACT Sec. 406
(3) includes a completed report on the information specified
in subsection (b)(3)(A), to be submitted to the Administrator;
and
(4) addresses the matters specified in subsection (c) .
(e) DATABASE.—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 subsections
(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 monitoring
program of the State or local government; and
(B) the Administrator determines should be included.
(f ) TECHNICAL ASSISTANCE FOR MONITORING FLOATABLE MATERIAL.—
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) LIST OF WATERS.—
(1) IN 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, discrete
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) AVAILABILITY.—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) UPDATES.—The Administrator shall update the list described
in paragraph (1) periodically as new information becomes
available.
(h) EPA IMPLEMENTATION.—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 Administrator
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 subsection
(i)—
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
Sec. 501 FEDERAL WATER POLLUTION CONTROL ACT 212
(1) to conduct monitoring and notification; and
(2) for related salaries, expenses, and travel.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated for making grants under subsection (b), including
implementation of monitoring and notification programs by the Administrator
under subsection (h), $30,000,000 for each of fiscal
years 2001 through 2005.
(33 U.S.C. 1346)
TITLE V—GENERAL PROVISIONS
ADMINISTRATION
SEC. 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.
(c) Each recipient of financial assistance under this Act shall
keep such records as the Administrator shall prescribe, including
records which fully disclose the amount and disposition by such recipient
of the proceeds of such assistance, the total cost of the
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 independent
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 advance
in appropriation Acts.
(e)(1) It is the purpose of this subsection to authorize a program
which will provide official recognition by the United States
Government to those industrial organizations and political subdivisions
of States which during the preceding year demonstrated an
outstanding technological achievement or an innovative process,
method, or device in their waste treatment and pollution abatement
programs. The Administrator shall, in consultation with the
appropriate State water pollution control agencies, establish regulations
under which such recognition may be applied for and granted,
except that no applicant shall be eligible for an award under
this subsection if such applicant is not in total compliance with all
applicable water quality requirements under this Act, or otherwise
does not have a satisfactory record with respect to environmental
quality.
Q:\COMP\WATER2\CLEANWAT.004
November 27, 2002
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 subdivision
which qualifies for such recognition under regulations established
under this subsection.
(3) The President of the United States, the Governor of the appropriate
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
SEC. 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 compact
approved by the Congress, or any other agency of two or more
States, having substantial powers or duties pertaining to the control
of pollution as determined and approved by the 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 Islands,
and the Trust Territory of the Pacific Islands.
(4) The term ‘‘municipality’’ means a city, town, borough, county,
parish, district, association, or other public body created by or
pursuant to State law and having jurisdiction over disposal of sewage,
industrial wastes, or other wastes, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved
management agency under section 208 of this Act.
(5) The term ‘‘person’’ means an individual, corporation, partnership,
association, State, municipality, commission, or political
subdivision of a State, or any interstate body.
(6) The term ‘‘pollutant’’ means dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste discharged into water. This
term does not mean (A) ‘‘sewage from vessels or a discharge incidental
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 production
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
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
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 measured
from the line of ordinary low water along that portion of the
coast which is in direct contact with the open sea and the line
marking the seaward limit of inland waters, and extending seaward
a distance of three miles.
(9) The term ‘‘contiguous zone’’ means the entire zone established
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 beyond
the contiguous zone.
(11) The term ‘‘effluent limitation’’ means any restriction established
by a State or the Administrator on quantities, rates, and
concentrations of chemical, physical, biological, and other constituents
which are discharged from point sources into navigable waters,
the waters of the contiguous zone, or the ocean, including
schedules of compliance.
(12) The term ‘‘discharge of a pollutant’’ and the term ‘‘discharge
of pollutants’’ each means (A) any addition of any pollutant
to navigable waters from any point source, (B) any addition of any
pollutant to the waters of the contiguous zone or the ocean from
any point source other than a vessel or other floating craft.
(13) The term ‘‘toxic pollutant’’ means those pollutants, or combinations
of pollutants, including disease-causing agents, which
after discharge and upon exposure, ingestion, inhalation or assimilation
into any organism, either directly from the environment or
indirectly by ingestion through food chains, will, on the basis of information
available to the Administrator, cause death, disease, behavioral
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 discharged.
This term does not include agricultural stormwater discharges
and return flows from irrigated agriculture.
(15) The term ‘‘biological monitoring’’ shall mean the determination
of the effects on aquatic life, including accumulation of
pollutants in tissue, in receiving waters due to the discharge of pollutants
(A) by techniques and procedures, including sampling of organisms
representative of appropriate levels of the food chain appropriate
to the volume and the physical, chemical, and biological
characteristics of the effluent, and (B) at appropriate frequencies
and locations.
(16) The term ‘‘discharge’’ when used without qualification includes
a discharge of a pollutant, and a discharge of pollutants.
(17) The term ‘‘schedule of compliance’’ means a schedule of remedial
measures including an enforceable sequence of actions or
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
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 identified
in the Standard Industrial Classification Manual, Bureau of
the Budget, 1967, as amended and supplemented, under the category
‘‘Division D—Manufacturing’’ and such other classes of significant
waste producers as, by regulation, the Administrator
deems appropriate.
(19) The term ‘‘pollution’’ means the man-made or man-induced
alteration of the chemical, physical, biological, and radiological integrity
of water.
(20) The term ‘‘medical waste’’ means isolation wastes; infectious
agents; human blood and blood products; pathological wastes;
sharps; body parts; contaminated bedding; surgical wastes and potentially
contaminated laboratory wastes; dialysis wastes; and such
additional medical items as the Administrator shall prescribe by
regulation.
(21) COASTAL RECREATION WATERS.—
(A) IN GENERAL.—The term ‘‘coastal recreation waters’’
means—
(i) the Great Lakes; and
(ii) marine coastal waters (including coastal estuaries)
that are designated under section 303(c) by a
State for use for swimming, bathing, surfing, or similar
water contact activities.
(B) EXCLUSIONS.—The term ‘‘coastal recreation waters’’
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) FLOATABLE MATERIAL.—
(A) IN GENERAL.—The term ‘‘floatable material’’ means
any foreign matter that may float or remain suspended in
the water column.
(B) INCLUSIONS.—The term ‘‘floatable material’’
includes—
(i) plastic;
(ii) aluminum cans;
(iii) wood products;
(iv) bottles; and
(v) paper products.
(23) PATHOGEN INDICATOR.—The term ‘‘pathogen indicator’’
means a substance that indicates the potential for human infectious
disease.
(33 U.S.C. 1362)
WATER POLLUTION CONTROL ADVISORY BOARD
SEC. 503. (a)(1) There is hereby established in the Environmental
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-
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
Sec. 504 FEDERAL WATER POLLUTION CONTROL ACT 216
bers, having due regard for the purposes of this Act, shall be selected
from among representatives of various State, interstate, and
local governmental agencies, of public or private interests contributing
to, affected by, or concerned with pollution, and of other public
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 office
for a term of three years, except that (i) any member appointed

well as other individuals who are expert in this field.
(2)(A) Each member appointed by the President shall hold office
for a term of three years, except that (i) any member appointed
to fill a vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed for the remainder
of such term, and (ii) the terms of office of the members
first taking office after June 30, 1956, shall expire as follows: three
at the end of one year after such date, three at the end of two years
after such date, and three at the end of three years after such date,
as designated by the President at the time of appointment, and (iii)
the term of any member under the preceding provisions shall be
extended until the date on which his successor’s appointment is effective.
None of the members appointed by the President shall be
eligible for reappointment within one year after the end of his preceding
term.
(B) The members of the Board who are not officers or employees
of the United States, while attending conferences or meetings
of the Board or while otherwise serving at the request of the Administrator,
shall be entitled to receive compensation at a rate to
be fixed by the Administrator, but not exceeding $100 per diem, including
traveltime, and while away from their homes or regular
places of business they may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b–
2) for persons in the Government service employed intermittently.
(b) The Board shall advise, consult with, and make recommendations
to the Administrator on matters of policy relating to
the activities and functions of the Administrator under this Act.
(c) Such clerical and technical assistance as may be necessary
to discharge the duties of the Board shall be provided from the personnel
of the Environmental Protection Agency.
(33 U.S.C. 1363)
EMERGENCY POWERS
SEC. 504. (a) Notwithstanding any other provision of this Act,
the Administrator upon receipt of evidence that a pollution source
or combination of sources is presenting an imminent and substantial
endangerment to the health of persons or to the welfare of persons
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)
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
217 FEDERAL WATER POLLUTION CONTROL ACT Sec. 505
CITIZEN SUITS
SEC. 505. (a) Except as provided in subsection (b) of this section
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 Constitution)
who is alleged to be in violation of (A) an effluent standard
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 failure
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 notice
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,
or
(B) if the Administrator or State has commenced and
is diligently prosecuting a civil or criminal action in a
court of the United States, or a State to require compliance
with the standard, limitation, or order, but in any such action
in a court of the United States any citizen may intervene
as a matter of right.
(2) under subsection (a)(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 notification
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) PROTECTION OF INTERESTS OF UNITED STATES.—Whenever
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
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
Sec. 506 FEDERAL WATER POLLUTION CONTROL ACT 218
1 So in law. See P.L. 100–4, sec. 406(d)(2), 101 Stat. 73.
a copy of the proposed consent judgment by the Attorney General
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 unlawful
act under subsection (a) of section 301 of this Act; (2) an effluent
limitation or other limitation under section 301 or 302 of
this Act; (3) standard or performance under section 306 of this Act;
(4) prohibition, effluent standard or pretreatment standards under
section 307 of this Act; (5) certification under section 401 of this
Act; (6) a permit or condition thereof issued under section 402 of
this Act, which is in effect under this Act (including a requirement
applicable by reason of section 313 of this Act); or (7) a regulation
under section 405(d) of this Act,.1
(g) For the purposes of this section the term ‘‘citizen’’ means
a person or persons having an interest which is or may be adversely
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 limitation
under this Act the violation of which is occurring in another
State and is causing an adverse effect on the public health or welfare
in his State, or is causing a violation of any water quality requirement
in his State.
(33 U.S.C. 1365)
APPEARANCE
SEC. 506. The Administrator shall request the Attorney General
to appear and represent the United States in any civil or
criminal action instituted under this Act to which the Administrator
is a party. Unless the Attorney General notifies the Administrator
within a reasonable time, that he will appear in a civil action,
attorneys who are officers or employees of the Environmental
Protection Agency shall appear and represent the United States in
such action.
(33 U.S.C. 1366)
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
219 FEDERAL WATER POLLUTION CONTROL ACT Sec. 507
EMPLOYEE PROTECTION
SEC. 507. (a) No person shall fire, or in any other way discriminate
against, or cause to be fired or discriminated against, any employee
or any authorized representative 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 thirty
days after such alleged violation occurs, apply to the Secretary
of Labor for a review of such firing or alleged discrimination. A
copy of 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 appropriate.
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 violation.
The parties shall be given written notice of the time and place
of the hearing at least five days prior to the hearing. Any such
hearing shall be of record and shall be subject to section 554 of title
5 of the United States Code. Upon receiving the report of such investigation,
the Secretary of Labor shall make findings of fact. If
he finds that such violation did occur, he shall issue a decision, incorporating
an order therein and his findings, requiring the party
committing such violation to take such affirmative action to abate
the violation as the Secretary of Labor deems appropriate, including,
but not limited to, the rehiring or reinstatement of the employee
or representative of employees to his former position with
compensation. If he finds that there was no such violation, he shall
issue an order denying the application. Such order issued by the
Secretary of Labor under this subparagraph shall be subject to judicial
review in the same manner as orders and decisions of the
Administrator are subject to judicial review under this Act.
(c) Whenever an order is issued under this section to abate
such violation, at the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the attorney’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) deliberately
violates any prohibition of effluent limitation or other limitation
under section 301 or 302 of this Act, standards of performance
under section 306 of this Act, effluent standard, prohibition or
pretreatment standard under section 307 of this Act, or any other
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-
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
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 employee,
may request the Administrator to conduct a full investigation
of the matter. The Administrator shall thereupon investigate
the matter and, at the request of any party, shall hold public hearings
on not less than five days notice, and shall at such hearings
require the parties, including the employer involved, to present information
relating to the actual or potential effect of such limitation
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 findings
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
SEC. 508. (a) No Federal agency may enter into any contract
with any person, who has been convicted of any offense under section
309(c) of this Act, for the procurement of goods, materials, and
services if 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 Administrator
certifies that the condition giving rise to such conviction
has been corrected.
(b) The Administrator shall establish procedures to provide all
Federal agencies with the notification necessary for the purposes of
subsection (a) of this section.
(c) In order to implement the purposes and policy of this Act
to protect and enhance the quality of the Nation’s water, the President
shall, not more than one hundred and eighty days after enactment
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 determines
such exemption is necessary in the paramount interest of
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
221 FEDERAL WATER POLLUTION CONTROL ACT Sec. 509
the United States and he shall notify the Congress of such exemption.
(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 associated
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 commercial
items in order to implement a prohibition or requirement
of this section or a prohibition or requirement issued in the implementation
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
SEC. 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 testimony
of witnesses and the production of relevant papers, books,
and documents, and he may administer oaths. Except for effluent
data, upon a showing satisfactory to the Administrator that such
papers, books, documents, or information or particular part thereof,
if made public, would divulge trade secrets or secret processes, the
Administrator shall consider such record, report, or information or
particular portion thereof confidential in accordance with the purposes
of section 1905 of title 18 of the United States Code, except
that such 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 relevant
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 district
court of the United States for any district in which such person
is found or resides or transacts business, upon application by
the United States and after notice to such person, shall have jurisdiction
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 attendance
and testimony of witnesses and the production of relevant
papers, books, and documents, for purposes of obtaining information
under sections 304 (b) and (c) of this Act. Any papers, books,
documents, or other information or part thereof, obtained by reason
of such a subpena shall be subject to the same requirements as are
provided in 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
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
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 promulgating
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 strategy
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 proceeding
for enforcement.
(3) AWARD 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.
(c) In any judicial proceeding brought under subsection (b) of
this section in which review is sought of a determination under this
Act required to be made on the record after notice and opportunity
for hearing, if any party applies to the court for leave to adduce
additional evidence, and shows to the satisfaction of the court that
such additional evidence is material and that there were reasonable
grounds for the failure to adduce such evidence in the proceeding
before the Administrator, the court may order such additional
evidence (and evidence in rebuttal thereof) to be taken before
the Administrator, in such manner and upon such terms and conditions
as the court may deem proper. The Administrator may modify
his findings as to the facts, or make new findings, by reason of the
additional evidence so taken and he shall file such modified or new
findings, and his recommendation, if any, for the modification or
setting aside of his original determination with the return of such
additional evidence.
(33 U.S.C. 1369)
STATE AUTHORITY
SEC. 510. Except as expressly provided in this Act, nothing in
this Act shall (1) preclude or deny the right of any State or political
subdivision thereof or interstate agency to adopt or enforce (A) any
standard or limitation respecting discharges of pollutants, or (B)
any requirement respecting control or abatement of pollution; except
that if an effluent limitation, or other limitation, effluent
standard, prohibition, pretreatment standard, or standard of performance
is in effect under this Act, such State or political subdivision
or interstate agency may not adopt or enforce any effluent limitation,
or other limitation, effluent standard, prohibition,
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
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 performance
under this Act; or (2) be construed as impairing or in any
manner affecting any right or jurisdiction of the States with respect
to the waters (including boundary waters) of such States.
(33 U.S.C. 1370)
OTHER AFFECTED AUTHORITY
SEC. 511. (a) This Act shall not be construed as (1) limiting the
authority or functions of any officer or agency of the United States
under any other law or regulation not inconsistent with this Act;
(2) affecting or impairing the authority of the Secretary of the
Army (A) to maintain navigation or (B) under the Act of March 3,
1899 (30 Stat. 1112); except that any permit issued under section
404 of this Act shall be conclusive as to the effect on water quality
of any discharge resulting from any activity subject to section 10
of the Act of March 3, 1899, or (3) affecting or impairing the provisions
of any treaty of the United States.
(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 navigation
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 Environmental
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 discharge
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 development
of the ranking in order of priority of needs for the construction
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
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
Sec. 512 FEDERAL WATER POLLUTION CONTROL ACT 224
not consider any such agreement in the approval of any such priority
ranking.
(33 U.S.C. 1371)
SEPARABILITY
SEC. 512. If any provision of this Act, or the application of any
provision of this Act to any person or circumstance, is held invalid,
the application of such provision to other persons or circumstances,
and the remainder of this Act shall not be affected thereby.
(33 U.S.C. 1251 note)
LABOR STANDARDS
SEC. 513. The Administrator shall take such action as may be
necessary to insure that all laborers and mechanics employed by
contractors or subcontractors on treatment works for which grants
are made under this Act 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 functions
set forth in Reorganization Plan Numbered 14 of 1950 (15
F.R. 3176) and section 2 of the Act of June 13, 1934, as amended
(48 Stat. 948; 40 U.S.C. 276c).
(33 U.S.C. 1372)
PUBLIC HEALTH AGENCY COORDINATION
SEC. 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
SEC. 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 appointed
by the Administrator within sixty days after the date of enactment
of this Act.
(2) All members of the Committee shall be selected from the
scientific community, qualified by education, training, and experience
to provide assess, and evaluate scientific and technical information
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 proposed
regulations required by section 304(b) of this Act, any proposed
standard of performance for new sources required by section
306 of this Act, or any proposed toxic effluent standard required by
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
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 Committee
within ten days after receipt of such notice may publish a
notice of a public hearing by the Committee, to be held within thirty
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, including
that presented at any public hearing, related to the subject
matter contained in such notice.
(3) Information so transmitted to the Administrator shall constitute
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 determinations.
(4) In preparing information for transmittal, the Committee
shall avail itself of the technical and scientific services of any Federal
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 necessary
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 compensation
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 affirmative
vote of at least five members. A special panel composed
of one or more members upon order of the Committee shall conduct
any hearing 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 necessary
for the orderly transaction of its business.
(33 U.S.C. 1374)
REPORTS TO CONGRESS
SEC. 516. The Administrator, in cooperation with the States,
including water pollution control agencies and other water pollution
control planning agencies, shall make (1) a detailed estimate
of the cost of carrying out the provisions of this Act; (2) a detailed
estimate, 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 impact
on affected units of government of the cost of installation of
treatment facilities; and (4) a comprehensive analysis of the national
requirements for and the cost of treating municipal, indus-
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
Sec. 517 FEDERAL WATER POLLUTION CONTROL ACT 226
trial, and other effluent to attain the water quality objectives as established
by this Act or applicable State law. The Administrator
shall submit such detailed estimate and such comprehensive study
of such cost to the Congress no later than February 10 of each oddnumbered
year. Whenever the Administrator, pursuant to this subsection,
requests and receives an estimate of cost from a State, he
shall furnish copies of such estimate together with such detailed
estimate to Congress.
(33 U.S.C. 1375)
GENERAL AUTHORIZATION
SEC. 517. There are authorized to be appropriated to carry out
this Act, other than sections 104, 105, 106(a), 107, 108, 112, 113,
114, 115, 206, 207, 208 (f) and (h), 209, 304, 311 (c), (d), (i), (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 September
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) POLICY.—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 provisions
of such section 101(g). Indian tribes shall be treated as
States for purposes of such section 101(g).
(b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.—The
Administrator, in cooperation with the Director of the Indian
Health Service, shall assess the need for sewage treatment works
to serve Indian tribes, the degree to which such needs will be met
through funds allotted to States under section 205 of this Act and
priority lists under section 216 of this Act, and any obstacles which
prevent such needs from being met. Not later than one year after
the date of the enactment of this section, the Administrator shall
submit a report to Congress on the assessment under this subsection,
along with recommendations specifying (1) how the Administrator
intends to provide assistance to Indian tribes to develop
waste treatment management plans and to construct treatment
works under this Act, and (2) methods by which the participation
in and administration of programs under this Act by Indian tribes
can be maximized.
(c) RESERVATION OF FUNDS.—The Administrator shall reserve
each fiscal year beginning after September 30, 1986, before allotments
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
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
227 FEDERAL WATER POLLUTION CONTROL ACT Sec. 518
sewage treatment works to serve Indian tribes, as defined in subsection
(h) and former Indian reservations in Oklahoma (as determined
by the Secretary of the Interior) and Alaska Native Villages
as defined in Public Law 92–203.
(d) COOPERATIVE AGREEMENTS.—In order to ensure the consistent
implementation of the requirements of this Act, an Indian
tribe and the State or States in which the lands of such tribe are
located may enter into a cooperative agreement, subject to the review
and approval of the Administrator, to jointly plan and administer
the requirements of this Act.
(e) TREATMENT AS STATES.—The Administrator is authorized to
treat an Indian tribe as a State for purposes of title II and sections
104, 106, 303, 305, 308, 309, 314, 319, 401, 402, 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 substantial
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 property
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 purposes
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 Indian
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 cooperation
with the Director of the Indian Health Service, is authorized
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 Administrator
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 promulgating
such regulations, consult affected States sharing common
water bodies and provide a mechanism for the resolution of any unreasonable
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 requirements
on upstream and downstream dischargers, economic impacts,
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 consistent
with the objective of this Act.
(f) GRANTS FOR NONPOINT SOURCE PROGRAMS.—The Administrator
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
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
Sec. 519 FEDERAL WATER POLLUTION CONTROL ACT 228
1 Probably should be subsection (e).
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) 1 of this section in order to receive such a grant.
(g) ALASKA NATIVE ORGANIZATIONS.—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 Native
organization, including any federally-recognized tribe, traditional
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) DEFINITIONS.—For purposes of this section, the term—
(1) ‘‘Federal Indian reservation’’ means all land within the
limits of any Indian reservation under the jurisdiction of the
United States Government, notwithstanding the issuance of
any patent, and including rights-of-way running through the
reservation; and
(2) ‘‘Indian tribe’’ means any Indian tribe, band, group, or
community recognized by the Secretary of the Interior and exercising
governmental authority over a Federal Indian reservation.
(33 U.S.C. 1377)
SHORT TITLE
SEC. 519. This Act may be cited as the ‘‘Federal Water Pollution
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) GENERAL AUTHORITY.—Subject to the provisions of this
title, the Administrator shall make capitalization grants to each
State for the purpose of establishing a water pollution control revolving
fund for providing assistance (1) for construction of treatment
works (as defined in section 212 of this Act) which are publicly
owned, (2) for implementing a management program under
section 319, and (3) for developing and implementing a conservation
and management plan under section 320.
(b) SCHEDULE OF GRANT PAYMENTS.—The Administrator and
each State shall jointly establish a schedule of payments under
which the Administrator will pay to the State the amount of each
Q:\COMP\WATER2\CLEANWAT.005
November 27, 2002
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 possible,
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) GENERAL RULE.—To receive a capitalization grant with
funds made available under this title and section 205(m) of this
Act, a State shall enter into an agreement with the Administrator
which shall include but not be limited to the specifications set forth
in subsection (b) of this section.
(b) SPECIFIC REQUIREMENTS.—The Administrator shall enter
into an agreement under this section with a State only after the
State has established to the satisfaction of the Administrator
that—
(1) the State will accept grant payments with funds to be
made available under this title and section 205(m) of this Act
in accordance with a payment schedule established jointly by
the Administrator under section 601(b) of this Act and will deposit
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 provide
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 Governor
of the State, toward compliance with enforceable deadlines,
goals, and requirements of this Act, including the municipal
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),
Q:\COMP\WATER2\CLEANWAT.006
November 27, 2002
Sec. 603 FEDERAL WATER POLLUTION CONTROL ACT 230
1 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.
2 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) GENERAL REQUIREMENT.—Notwithstanding the provisions of title VI of the Federal Water
Pollution Control Act, each of the States of New York and New Jersey shall use 10 percent of
the amount of a grant payment made to such 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
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 constructed
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 expenditure
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 accepted
government accounting standards; and
(10) the State will make annual reports to the Administrator
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.1
(a) REQUIREMENTS FOR OBLIGATION OF GRANT FUNDS.—Before
a State may receive a capitalization grant with funds made available
under this title and section 205(m) of this Act, the State shall
first establish a water pollution control revolving fund which complies
with the requirements of this section.
(b) ADMINISTRATOR.—Each State water pollution control revolving
fund shall be administered by an instrumentality of the State
with such powers and limitations as may be required to operate
such fund in accordance with the requirements and objectives of
this Act.
(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—The amounts of
funds available to each State water pollution control revolving fund
shall be used only for providing financial assistance (1) to any municipality,
intermunicipal, interstate, or State agency for construction
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 available
in perpetuity for providing such financial assistance. 2
Q:\COMP\WATER2\CLEANWAT.006
November 27, 2002
231 FEDERAL WATER POLLUTION CONTROL ACT Sec. 603
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 section
alternative systems for management of sewage sludge.
(b) LIMITATION.—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.
(d) TYPES OF ASSISTANCE.—Except as otherwise limited by
State law, a water pollution control revolving fund of a State under
this section may be used only—
(1) to make loans, on the condition that—
(A) such loans are made at or below market interest
rates, including interest free loans, at terms not to exceed
20 years;
(B) annual principal and interest payments will commence
not later than 1 year after completion of any project
and all loans will be fully amortized not later than 20
years after project completion;
(C) the recipient of a loan will establish a dedicated
source of revenue for repayment of loans; and
(D) the fund will be credited with all payments of principal
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 incurred
after March 7, 1985;
(3) to guarantee, or purchase insurance for, local obligations
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) LIMITATION TO PREVENT DOUBLE BENEFITS.—If a State
makes, from its water pollution revolving fund, a loan which will
finance the cost of facility planning and the preparation of plans,
specifications, and estimates for construction of publicly owned
treatment works, the State shall ensure that if the recipient of
such loan receives a grant under section 201(g) of this Act for construction
of such treatment works and an allowance under section
201(l)(1) of this Act for non-federal funds expended for such planning
and preparation, such recipient will promptly repay such loan
to the extent of such allowance.
Q:\COMP\WATER2\CLEANWAT.006
November 27, 2002
Sec. 604 FEDERAL WATER POLLUTION CONTROL ACT 232
(f) CONSISTENCY WITH PLANNING REQUIREMENTS.—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) PRIORITY LIST REQUIREMENT.—The State may provide financial
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 priority
list under section 216 of this Act. Such assistance may be provided
regardless of the rank of such project on such list.
(h) ELIGIBILITY OF NON-FEDERAL SHARE OF CONSTRUCTION
GRANT PROJECTS.—A State water pollution control revolving fund
may provide assistance (other than under subsection (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 assistance
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) FORMULA.—Sums authorized to be appropriated to carry
out this section for each of fiscal years 1989 and 1990 shall be allotted
by the Administrator in accordance with section 205(c) of
this Act.
(b) RESERVATION OF FUNDS FOR PLANNING.—Each State shall
reserve each fiscal year 1 percent of the sums allotted to such State
under this section for such fiscal year, or $100,000, whichever
amount is greater, to carry out planning under sections 205(j) and
303(e) of this Act.
(c) ALLOTMENT PERIOD.—
(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.—Sums allotted
to a State under this section for a fiscal year shall be
available for obligation by the State during the fiscal year for
which sums are authorized and during the following fiscal
year.
(2) REALLOTMENT OF UNOBLIGATED FUNDS.—The amount of
any allotment not obligated by the State by the last day of the
2-year period of availability established by paragraph (1) shall
be immediately reallotted by the Administrator on the basis of
the same ratio as is applicable to sums allotted under title II
of this Act for the second fiscal year of such 2-year period.
None of the funds reallotted by the Administrator shall be reallotted
to any State which has not obligated all sums allotted
to such State in the first fiscal year of such 2-year period.
(33 U.S.C. 1384)
SEC. 605. CORRECTIVE ACTION.
(a) NOTIFICATION OF NONCOMPLIANCE.—If the Administrator
determines that a State has not complied with its agreement with
the Administrator under section 602 of this Act or any other requirement
of this title, the Administrator shall notify the State of
such noncompliance and the necessary corrective action.
Q:\COMP\WATER2\CLEANWAT.006
November 27, 2002
233 FEDERAL WATER POLLUTION CONTROL ACT Sec. 606
(b) WITHHOLDING OF PAYMENTS.—If a State does not take corrective
action within 60 days after the date

a State receives notification
of such action under subsection (a), the Administrator shall
withhold additional payments to the State until the Administrator
is satisfied that the State has taken the necessary corrective action.
(c) REALLOTMENT OF WITHHELD PAYMENTS.—If the Administrator
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 formula
for allotment of funds under this title.
(33 U.S.C. 1385)
SEC. 606. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE
PLAN.
(a) FISCAL CONTROL AND AUDITING PROCEDURES.—Each State
electing to establish a water pollution control revolving fund under
this title shall establish fiscal controls and accounting procedures
sufficient to assure proper accounting during appropriate accounting
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 accounting
period.
(b) ANNUAL FEDERAL AUDITS.—The Administrator shall, at
least on an annual basis, conduct or require each State to have
independently conducted reviews and audits as may be deemed
necessary or appropriate by the Administrator to carry out the objectives
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 General
Accounting Office, including chapter 75 of title 31, United
States Code.
(c) INTENDED USE PLAN.—After providing for public comment
and review, each State shall annually prepare a plan identifying
the intended uses of the amounts available to its water pollution
control revolving fund. Such intended use plan shall include, but
not be limited to—
(1) a list of those projects for construction of publicly
owned treatment works on the State’s priority list developed
pursuant to section 216 of this Act and a list of activities eligible
for assistance under sections 319 and 320 of this Act;
(2) a description of the short- and long-term goals and objectives
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 assistance,
and communities served;
(4) assurances and specific proposals for meeting the requirements
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.
Q:\COMP\WATER2\CLEANWAT.006
November 27, 2002
Sec. 607 FEDERAL WATER POLLUTION CONTROL ACT 234
(d) ANNUAL REPORT.—Beginning the first fiscal year after the
receipt of payments under this title, the State shall provide an annual
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 subsection
(c), including identification of loan recipients, loan amounts,
and loan terms and similar details on other forms of financial assistance
provided from the water pollution control revolving fund.
(e) ANNUAL FEDERAL OVERSIGHT REVIEW.—The Administrator
shall conduct an annual oversight review of each State plan prepared
under subsection (c), each State report prepared under subsection
(d), and other such materials as are considered necessary
and appropriate in carrying out the purposes of this title. After reasonable
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 determine
compliance with this title.
(f) APPLICABILITY OF TITLE II PROVISIONS.—Except to the extent
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 purposes
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)
Q:\COMP\WATER2\CLEANWAT.006
November 27,