FREE ESTIMATES<\/p>\n
Jacksonville\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Duval County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-346-1266
\nSt Augustine\u00a0\u00a0\u00a0\u00a0\u00a0 St Johns County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-824-7144
\nOrange Park\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Clay County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-264-6444
\nJacksonville Beaches\u00a0\u00a0\u00a0 Duval County\u00a0 \u00a0\u00a0\u00a0\u00a0904-246-3969
\nFernandina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Nassau County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-277-3040
\nMacclenny\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Baker County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-259-5091
\nPalm Coast\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Flagler County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 386-439-5290
\nDaytona\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Volusia County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 386-253-4911<\/p>\n
GAINESVILLE\u00a0\u00a0\u00a0 ALACHUA COUNTY\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 352-335-8555
\nServing all of Florida \u00a0and Georgia\u00a0\u00a0\u00a0 at \u00a0\u00a0\u00a0\u00a0904-346-1266<\/p>\n
EMAIL <\/strong>LARRY@1STPROP.COM<\/a> (feel free to email your bidding packages here)<\/p>\n <\/p>\n <\/p>\n <\/div>\n 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.<\/p>\n 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.<\/p>\n 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)<\/a> 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.<\/p>\n See also:<\/p>\n Back to the “Laws that EPA Administers” page<\/a>.<\/p>\n <\/p>\n Office of Regulatory Policy and Management<\/a> | Office of Policy, Economics, and Innovation<\/a> | Laws and Regulations Home<\/a><\/p>\n <\/p>\n <\/div>\n This page provides direct links to Title 40 of the Code of Federal Regulations (CFR). If the regulation you are searching for is outside of Title 40, search the:<\/p>\n Title 40 is the section of the CFR that deals with our mission of protecting human health and the environment. The links below will direct you to the e-CFR. The e-CFR is not an official edition of the CFR, which is printed annually by the Government Printing Office (GPO)<\/a>.\u00a0 However, GPO updates the e-CFR daily, making it a more current if unofficial version.<\/p>\n Visit our Related Links page<\/a> for additional GPO links related to the CFR.<\/div>\n <\/p>\n Office of Regulatory Policy and Management<\/a> | Office of Policy, Economics, and Innovation<\/a> | Laws and Regulations Home<\/a><\/p>\n FEDERAL WATER POLLUTION CONTROL ACT 9 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104 Sec. 202 FEDERAL WATER POLLUTION CONTROL ACT 52 Sec. 202 FEDERAL WATER POLLUTION CONTROL ACT 52 77 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208 which, if relief is granted, will not establish a precedent or the Water Act pollution Sec. 311 FEDERAL WATER POLLUTION CONTROL ACT 152 Sec. 317 FEDERAL WATER POLLUTION CONTROL ACT 172 apply with respect well as other individuals who are expert in this field. a State receives notification Summary of the Clean Water Act FREE ESTIMATES Jacksonville\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Duval County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-346-1266 St Augustine\u00a0\u00a0\u00a0\u00a0\u00a0 St Johns County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-824-7144 Orange Park\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Clay County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-264-6444 Jacksonville Beaches\u00a0\u00a0\u00a0 Duval County\u00a0 \u00a0\u00a0\u00a0\u00a0904-246-3969 Fernandina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Nassau County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-277-3040 Macclenny\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Baker County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-259-5091 Palm Coast\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Flagler County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 386-439-5290 Daytona\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Volusia County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 386-253-4911 GAINESVILLE\u00a0\u00a0\u00a0 ALACHUA COUNTY\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 352-335-8555 Serving all of Florida \u00a0and Georgia\u00a0\u00a0\u00a0 […]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":[],"_links":{"self":[{"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/pages\/291"}],"collection":[{"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=291"}],"version-history":[{"count":2,"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/pages\/291\/revisions"}],"predecessor-version":[{"id":293,"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/pages\/291\/revisions\/293"}],"wp:attachment":[{"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=291"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Summary of the Clean Water Act <\/h1>\n
How do I…?<\/h5>\n
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Quick Links<\/h5>\n
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33 U.S.C. \u00a71251 et seq. (1972)<\/h3>\n
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40 CFR : Protection of the Environment<\/h1>\n
How do I…?<\/h5>\n
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40 CFR : Protection of the Environment<\/a><\/h2>\n
Chapter I — Environmental Protection Agency<\/a><\/h3>\n
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Chapter IV — Environmental Protection Agency and Department of Justice<\/a> (Part 1400)<\/h3>\n
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Chapter V — Council on Environmental Quality<\/a> (Part 1500-1518)<\/h3>\n
Chapter VI — Chemical Safety and Hazard Investigation Board<\/a> (Parts 1600-1699)<\/h3>\n
Chapter VII — Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces<\/a> (Part 1700)<\/h3>\n
\n[As Amended Through P.L. 107\u2013303, November 27, 2002]
\nQ:\\COMP\\WATER2\\CLEANWAT.001
\nNovember 27, 2002
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\nNovember 27, 2002
\n3
\nFEDERAL WATER POLLUTION CONTROL ACT
\n(33 U.S.C. 1251 et seq.)
\nAN ACT To provide for water pollution control activities in the Public Health Service
\nof the Federal Security Agency and in the Federal Works Agency, and for
\nother purposes.
\nBe it enacted by the Senate and House of Representatives of the
\nUnited States of America in Congress assembled,
\nTITLE I\u2014RESEARCH AND RELATED PROGRAMS
\nDECLARATION OF GOALS AND POLICY
\nSEC. 101. (a) The objective of this Act is to restore and maintain
\nthe chemical, physical, and biological integrity of the Nation\u2019s
\nwaters. In order to achieve this objective it is hereby declared that,
\nconsistent with the provisions of this Act\u2014
\n(1) it is the national goal that the discharge of pollutants
\ninto the navigable waters be eliminated by 1985;
\n(2) it is the national goal that wherever attainable, an interim
\ngoal of water quality which provides for the protection
\nand propagation of fish, shellfish, and wildlife and provides for
\nrecreation in and on the water be achieved by July 1, 1983;
\n(3) it is the national policy that the discharge of toxic pollutants
\nin toxic amounts be prohibited;
\n(4) it is the national policy that Federal financial assistance
\nbe provided to construct publicly owned waste treatment
\nworks;
\n(5) it is the national policy that areawide treatment management
\nplanning processes be developed and implemented to
\nassure adequate control of sources of pollutants in each State;
\n(6) it is the national policy that a major research and demonstration
\neffort be made to develop technology necessary to
\neliminate the discharge of pollutants into the navigable waters,
\nwaters of the contiguous zone and the oceans; and
\n(7) it is the national policy that programs for the control
\nof nonpoint sources of pollution be developed and implemented
\nin an expeditious manner so as to enable the goals of this Act
\nto be met through the control of both point and nonpoint
\nsources of pollution.
\n(b) It is the policy of the Congress to recognize, preserve, and
\nprotect the primary responsibilities and rights of States to prevent,
\nreduce, and eliminate pollution, to plan the development and use
\n(including restoration, preservation, and enhancement) of land and
\nwater resources, and to consult with the Administrator in the exercise
\nof his authority under this Act. It is the policy of Congress that
\nthe States manage the construction grant program under this Act
\nand implement the permit programs under sections 402 and 404 of
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\nNovember 27, 2002
\nSec. 102 FEDERAL WATER POLLUTION CONTROL ACT 4
\nthis Act. It is further the policy of the Congress to support and aid
\nresearch relating to the prevention, reduction, and elimination of
\npollution, and to provide Federal technical services and financial
\naid to State and interstate agencies and municipalities in connection
\nwith the prevention, reduction, and elimination of pollution.
\n(c) It is further the policy of Congress that the President, acting
\nthrough the Secretary of State and such national and international
\norganizations as he determines appropriate, shall take
\nsuch action as may be necessary to insure that to the fullest extent
\npossible all foreign countries shall take meaningful action for the
\nprevention, reduction, and elimination of pollution in their waters
\nand in international waters and for the achievement of goals regarding
\nthe elimination of discharge of pollutants and the improvement
\nof water quality to at least the same extent as the United
\nStates does under its laws.
\n(d) Except as otherwise expressly provided in this Act, the Administrator
\nof the Environmental Protection Agency (hereinafter in
\nthis Act called \u2018\u2018Administrator\u2019\u2019) shall administer this Act.
\n(e) Public participation in the development, revision, and enforcement
\nof any regulation, standard, effluent limitation, plan, or
\nprogram established by the Administrator or any State under this
\nAct shall be provided for, encouraged, and assisted by the Administrator
\nand the States. The Administrator, in cooperation with the
\nStates, shall develop and publish regulations specifying minimum
\nguidelines for public participation in such processes.
\n(f) It is the national policy that to the maximum extent possible
\nthe procedures utilized for implementing this Act shall encourage
\nthe drastic minimization of paperwork and interagency decision
\nprocedures, and the best use of available manpower and
\nfunds, so as to prevent needless duplication and unnecessary
\ndelays at all levels of government.
\n(g) It is the policy of Congress that the authority of each State
\nto allocate quantities of water within its jurisdiction shall not be
\nsuperseded, abrogated or otherwise impaired by this Act. It is the
\nfurther policy of Congress that nothing in this Act shall be construed
\nto supersede or abrogate rights to quantities of water which
\nhave been established by any State. Federal agencies shall co-operate
\nwith State and local agencies to develop comprehensive solutions
\nto prevent, reduce and eliminate pollution in concert with
\nprograms for managing water resources.
\n(33 U.S.C. 1251)
\nCOMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL
\nSEC. 102. (a) The Administrator shall, after careful investigation,
\nand in cooperation with other Federal agencies, State water
\npollution control agencies, interstate agencies, and the municipalities
\nand industries involved, prepare or develop comprehensive programs
\nfor preventing, reducing, or eliminating the pollution of the
\nnavigable waters and ground waters and improving the sanitary
\ncondition of surface and underground waters. In the development
\nof such comprehensive programs due regard shall be given to the
\nimprovements which are necessary to conserve such waters for the
\nprotection and propagation of fish and aquatic life and wildlife, rec-
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\nNovember 27, 2002
\n5 FEDERAL WATER POLLUTION CONTROL ACT Sec. 102
\nreational purposes, and the withdrawal of such waters for public
\nwater supply, agricultural, industrial, and other purposes. For the
\npurpose of this section, the Administrator is authorized to make
\njoint investigations with any such agencies of the condition of any
\nwaters in any State or States, and of the discharges of any sewage,
\nindustrial wastes, or substance which may adversely affect such
\nwaters.
\n(b)(1) In the survey or planning of any reservoir by the Corps
\nof Engineers, Bureau of Reclamation, or other Federal agency, consideration
\nshall be given to inclusion of storage for regulation of
\nstreamflow, except that any such storage and water releases shall
\nnot be provided as a substitute for adequate treatment or other
\nmethods of controlling waste at the source.
\n(2) The need for and the value of storage for regulation of
\nstreamflow (other than for water quality) including but not limited
\nto navigation, salt water intrusion, recreation, esthetics, and fish
\nand wildlife, shall be determined by the Corps of Engineers, Bureau
\nof Reclamation, or other Federal agencies.
\n(3) The need for, the value of, and the impact of, storage for
\nwater quality control shall be determined by the Administrator,
\nand his views on these matters shall be set forth in any report or
\npresentation to Congress proposing authorization or construction of
\nany reservoir including such storage.
\n(4) The value of such storage shall be taken into account in determining
\nthe economic value of the entire project of which it is a
\npart, and costs shall be allocated to the purpose of regulation of
\nstreamflow in a manner which will insure that all project purposes,
\nshare equitable in the benefits of multiple-purpose construction.
\n(5) Costs of regulation of streamflow features incorporated in
\nany Federal reservoir or other impoundment under the provisions
\nof this Act shall be determined and the beneficiaries identified and
\nif the benefits are widespread or national in scope, the costs of such
\nfeatures shall be nonreimbursable.
\n(6) No license granted by the Federal Power Commission for a
\nhydroelectric power project shall include storage for regulation of
\nstreamflow for the purpose of water quality control unless the Administrator
\nshall recommend its inclusion and such reservoir storage
\ncapacity shall not exceed such proportion of the total storage
\nrequired for the water quality control plan as the drainage area of
\nsuch reservoir bears to the drainage area of the river basin or basins
\ninvolved in such water quality control plan.
\n(c)(1) The Administrator shall, at the request of the Governor
\nof a State, or a majority of the Governors when more than one
\nState is involved make a grant to pay not to exceed 50 per centum
\nof the administrative expenses of a planning agency for a period
\nnot to exceed three years, which period shall begin after the date
\nof enactment of the Federal Water Pollution Control Act Amendments
\nof 1972, if such agency provides for adequate representation
\nof appropriate State, interstate, local, or (when appropriate) international
\ninterests in the basin or portion thereof involved and is capable
\nof developing an effective, comprehensive water quality control
\nplan for a basin or portion thereof.
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\nNovember 27, 2002
\nSec. 103 FEDERAL WATER POLLUTION CONTROL ACT 6
\n(2) Each planning agency receiving a grant under this subsection
\nshall develop a comprehensive pollution control plan for the
\nbasin or portion thereof which\u2014
\n(A) is consistent with any applicable water quality standards,
\neffluent and other limitations, and thermal discharge regulations
\nestablished pursuant to current law within the basin;
\n(B) recommends such treatment works as will provide the
\nmost effective and economical means of collection, storage,
\ntreatment, and elimination of pollutants and recommends
\nmeans to encourage both municipal and industrial use of such
\nworks;
\n(C) recommends maintenance and improvement of water
\nquality within the basin or portion thereof and recommends
\nmethods of adequately financing those facilities as may be necessary
\nto implement the plan; and
\n(D) as appropriate, is developed in cooperation with, and
\nis consistent with any comprehensive plan prepared by the
\nWater Resources Council, any areawide waste management
\nplans developed pursuant to section 208 of this Act, and any
\nState plan developed pursuant to section 303(e) of this Act.
\n(3) For the purposes of this subsection the term \u2018\u2018basin\u2019\u2019 includes,
\nbut is not limited to, rivers and their tributaries, streams,
\ncoastal waters, sounds, estuaries, bays, lakes, and portions thereof,
\nas well as the lands drained thereby.
\n(d) \u00f8Repealed by section 2021(a) of Public Law 104\u201366 (109
\nStat. 726).\u00bf
\n(33 U.S.C. 1252)
\nINTERSTATE COOPERATION AND UNIFORM LAWS
\nSEC. 103. (a) The Administrator shall encourage cooperative
\nactivities by the States for the prevention, reduction, and elimination
\nof pollution, encourage the enactment of improved and, so
\nfar as practicable, uniform State laws relating to the prevention,
\nreduction, and elimination of pollution; and encourage compacts between
\nStates for the prevention and control of pollution.
\n(b) The consent of the Congress is hereby given to two or more
\nStates to negotiate and enter into agreements or compacts, not in
\nconflict with any law or treaty of the United States, for (1) cooperative
\neffort and mutual assistance for the prevention and control of
\npollution and the enforcement of their respective laws relating
\nthereto, and (2) the establishment of such agencies, joint or otherwise,
\nas they may deem desirable for making effective such agreements
\nand compacts. No such agreement or compact shall be binding
\nor obligatory upon any State a party thereto unless and until
\nit has been approved by the Congress.
\n(33 U.S.C. 1253)
\nRESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION
\nSEC. 104. (a) The Administrator shall establish national programs
\nfor the prevention, reduction, and elimination of pollution
\nand as part of such programs shall\u2014
\n(1) in cooperation with other Federal, State, and local
\nagencies, conduct and promote the coordination and accelera-
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\nNovember 27, 2002
\n7 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104
\ntion of, research, investigations, experiments, training, demonstrations,
\nsurveys, and studies relating to the causes, effects,
\nextent, prevention, reduction, and elimination of pollution;
\n(2) encourage, cooperate with, and render technical services
\nto pollution control agencies and other appropriate public
\nor private agencies, institutions, and organizations, and individuals,
\nincluding the general public, in the conduct of activities
\nreferred to in paragraph (1) of this subsection;
\n(3) conduct, in cooperation with State water pollution control
\nagencies and other interested agencies, organizations and
\npersons, public investigations concerning the pollution of any
\nnavigable waters, and report on the results of such investigations;
\n(4) establish advisory committees composed of recognized
\nexperts in various aspects of pollution and representatives of
\nthe public to assist in the examination and evaluation of research
\nprogress and proposals and to avoid duplication of research;
\n(5) in cooperation with the States, and their political subdivisions,
\nand other Federal agencies establish, equip, and
\nmaintain a water quality surveillance system for the purpose
\nof monitoring the quality of the navigable waters and ground
\nwaters and the contiguous zone and the oceans and the Administrator
\nshall, to the extent practicable, conduct such surveillance
\nby utilizing the resources of the National Aeronautics
\nand Space Administration, the National Oceanic and Atmospheric
\nAdministration, the Geological Survey, and the Coast
\nGuard, and shall report on such quality not later than 90 days
\nafter the date of convening of each session of Congress; and
\n(6) initiate and promote the coordination and acceleration
\nof research designed to develop the most effective practicable
\ntools and techniques for measuring the social and economic
\ncosts and benefits of activities which are subject to regulations
\nunder this Act; and shall transmit a report on the results of
\nsuch research to the Congress not later than January 1, 1974.
\n(b) In carrying out the provisions of subsection (a) of this section
\nthe Administrator is authorized to\u2014
\n(1) collect and make available, through publications and
\nother appropriate means, the results of and other information,
\nincluding appropriate recommendations by him in connection
\ntherewith, pertaining to such research and other activities referred
\nto in paragraph (1) of subsection (a);
\n(2) cooperate with other Federal departments and agencies,
\nState water pollution control agencies, interstate agencies,
\nother public and private agencies, institutions, organizations,
\nindustries involved, and individuals, in the preparation and
\nconduct of such research and other activities referred to in
\nparagraph (1) of subsection (a);
\n(3) make grants to State water pollution control agencies,
\ninterstate agencies, other public or nonprofit private agencies,
\ninstitutions, organizations, and individuals, for purposes stated
\nin paragraph (1) of subsection (a) of this section;
\n(4) contract with public or private agencies, institutions,
\norganizations, and individuals, without regard to sections 3648
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\nNovember 27, 2002
\nSec. 104 FEDERAL WATER POLLUTION CONTROL ACT 8
\nand 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5),
\nreferred to in paragraph (1) of subsection (a);
\n(5) establish and maintain research fellowships at public
\nor nonprofit private educational institutions or research organizations;
\n(6) collect and disseminate, in cooperation with other Federal
\ndepartments and agencies, and with other public or private
\nagencies, institutions, and organizations having related
\nresponsibilities, basic data on chemical, physical, and biological
\neffects of varying water quality and other information pertaining
\nto pollution and the prevention, reduction, and elimination
\nthereof; and
\n(7) develop effective and practical processes, methods, and
\nprototype devices for the prevention, reduction, and elimination
\nof pollution.
\n(c) In carrying out the provisions of subsection (a) of this section
\nthe Administrator shall conduct research on, and survey the
\nresults of other scientific studies on, the harmful effects on the
\nhealth or welfare of persons caused by pollutants. In order to avoid
\nduplication of effort, the Administrator shall, to the extent practicable,
\nconduct such research in cooperation with and through the
\nfacilities of the Secretary of Health, Education, and Welfare.
\n(d) In carrying out the provisions of this section the Administrator
\nshall develop and demonstrate under varied conditions (including
\nconducting such basic and applied research, studies, and
\nexperiments as may be necessary):
\n(1) Practicable means of treating municipal sewage, and
\nother waterborne wastes to implement the requirements of section
\n201 of this Act;
\n(2) Improved methods and procedures to identify and
\nmeasure the effects of pollutants, including those pollutants
\ncreated by new technological developments; and
\n(3) Methods and procedures for evaluating the effects on
\nwater quality of augmented streamflows to control pollution
\nnot susceptible to other means of prevention, reduction, or
\nelimination.
\n(e) The Administrator shall establish, equip, and maintain field
\nlaboratory and research facilities, including, but not limited to, one
\nto be located in the northeastern area of the United States, one in
\nthe Middle Atlantic area, one in the southeastern area, one in the
\nmidwestern area, one in the southwestern area, one in the Pacific
\nNorthwest, and one in the State of Alaska, for the conduct of research,
\ninvestigations, experiments, field demonstrations and studies,
\nand training relating to the prevention, reduction and elimination
\nof pollution. Insofar as practicable, each such facility shall
\nbe located near institutions of higher learning in which graduate
\ntraining in such research might be carried out. In conjunction with
\nthe development of criteria under section 403 of this Act, the Administrator
\nshall construct the facilities authorized for the National
\nMarine Water Quality Laboratory established under this subsection.
\n(f) The Administrator shall conduct research and technical development
\nwork, and make studies, with respect to the quality of
\nthe waters of the Great Lakes, including an analysis of the present
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\nNovember 27, 2002<\/p>\n
\nand projected future water quality of the Great Lakes under varying
\nconditions of waste treatment and disposal, an evaluation of
\nthe water quality needs of those to be served by such waters, an
\nevaluation of municipal, industrial, and vessel waste treatment and
\ndisposal practices with respect to such waters, and a study of alternate
\nmeans of solving pollution problems (including additional
\nwaste treatment measures) with respect to such waters.
\n(g)(1) For the purpose of providing an adequate supply of
\ntrained personnel to operate and maintain existing and future
\ntreatment works and related activities, and for the purpose of enhancing
\nsubstantially the proficiency of those engaged in such activities,
\nthe Administrator shall finance pilot programs, in cooperation
\nwith State and interstate agencies, municipalities, educational
\ninstitutions, and other organizations and individuals, of manpower
\ndevelopment and training and retraining of persons in, on entering
\ninto, the field of operation and maintenance of treatment works
\nand related activities. Such program and any funds expended for
\nsuch a program shall supplement, not supplant, other manpower
\nand training programs and funds available for the purposes of this
\nparagraph. The Administrator is authorized, under such terms and
\nconditions as he deems appropriate, to enter into agreements with
\none or more States, acting jointly or severally, or with other public
\nor private agencies or institutions for the development and implementation
\nof such a program.
\n(2) The Administrator is authorized to enter into agreements
\nwith public and private agencies and institutions, and individuals
\nto develop and maintain an effective system for forecasting the supply
\nof, and demand for, various professional and other occupational
\ncategories needed for the prevention, reduction, and elimination of
\npollution in each region, State, or area of the United States and,
\nfrom time to time, to publish the results of such forecasts.
\n(3) In furtherance of the purposes of this Act, the Administrator
\nis authorized to\u2014
\n(A) make grants to public or private agencies and institutions
\nand to individuals for training projects, and provide for
\nthe conduct of training by contract with public or private agencies
\nand institutions and with individuals without regard to
\nsections 3648 and 3709 of the Revised Statutes;
\n(B) establish and maintain research fellowships in the Environmental
\nProtection Agency with such stipends and allowances,
\nincluding traveling and subsistence expenses, as he may
\ndeem necessary to procure the assistance of the most promising
\nresearch fellows; and
\n(C) provide, in addition to the program established under
\nparagraph (1) of this subsection, training in technical matters
\nrelating to the causes, prevention, reduction, and elimination
\nof pollution for personnel of public agencies and other persons
\nwith suitable qualifications.
\n(4) The Administrator shall submit, through the President, a
\nreport to the Congress not later than December 31, 1973, summarizing
\nthe actions taken under this subsection and the effectiveness
\nof such actions, and setting forth the number of persons trained,
\nthe occupational categories for which training was provided, the effectiveness
\nof other Federal, State, and local training programs in
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\nSec. 104 FEDERAL WATER POLLUTION CONTROL ACT 10
\nthis field, together with estimates of future needs, recommendations
\non improving training programs, and such other information
\nand recommendations, including legislative recommendations, as
\nhe deems appropriate.
\n(h) The Administrator is authorized to enter into contracts,
\nwith, or make grants to, public or private agencies and organizations
\nand individuals for (A) the purpose of developing and demonstrating
\nnew or improved methods for the prevention, removal,
\nreduction, and elimination of pollution in lakes, including the undesirable
\neffects of nutrients and vegetation, and (B) the construction
\nof publicly owned research facilities for such purpose.
\n(i) The Administrator, in cooperation with the Secretary of the
\ndepartment in which the Coast Guard is operating, shall\u2014
\n(1) engage in such research, studies, experiments, and
\ndemonstrations as he deems appropriate, relative to the removal
\nof oil from any waters and to the prevention, control,
\nand elimination of oil and hazardous substances pollution;
\n(2) publish from time to time the results of such activities;
\nand
\n(3) from time to time, develop and publish in the Federal
\nRegister specifications and other technical information on the
\nvarious chemical compounds used in the control of oil and hazardous
\nsubstances spills.
\nIn carrying out this subsection, the Administrator may enter into
\ncontracts with, or make grants to, public or private agencies and
\norganizations and individuals.
\n(j) The Secretary of the department in which the Coast Guard
\nis operating shall engage in such research, studies, experiments,
\nand demonstrations as he deems appropriate relative to equipment
\nwhich is to be installed on board a vessel and is designed to receive,
\nretain, treat, or discharge human body wastes and the
\nwastes from toilets and other receptacles intended to receive or retain
\nbody wastes with particular emphasis on equipment to be installed
\non small recreational vessels. The Secretary of the department
\nin which the Coast Guard is operating shall report to Congress
\nthe results of such research, studies, experiments, and demonstrations
\nprior to the effective date of any regulations established
\nunder section 312 of this Act. In carrying out this subsection the
\nSecretary of the department in which the Coast Guard is operating
\nmay enter into contracts with, or make grants to, public or private
\norganizations and individuals.
\n(k) In carrying out the provisions of this section relating to the
\nconduct by the Administrator of demonstration projects and the development
\nof field laboratories and reseach facilities, the Administrator
\nmay acquire land and interests therein by purchase, with appropriated
\nor donated funds, by donation, or by exchange for acquired
\nor public lands under his jurisdiction which he classifies as
\nsuitable for disposition. The values of the properties so exchanged
\neither shall be approximately equal, or if they are not approximately
\nequal, the values shall be equalized by the payment of cash
\nto the grantor or to the Administrator as the circumstances require.
\n(l)(1) The Administrator shall, after consultation with appropriate
\nlocal, State, and Federal agencies, public and private organi-
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\n11 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104
\nzations, and interested individuals, as soon as practicable but not
\nlater than January 1, 1973, develop and issue to the States for the
\npurpose of carrying out this Act the latest scientific knowledge
\navailable in indicating the kind and extent of effects on health and
\nwelfare which may be expected from the presence of pesticides in
\nthe water in varying quantities. He shall revise and add to such
\ninformation whenever necessary to reflect developing scientific
\nknowledge.
\n(2) The President shall, in consultation with appropriate local,
\nState, and Federal agencies, public and private organizations, and
\ninterested individuals, conduct studies and investigations of methods
\nto control the release of pesticides into the environment which
\nstudy shall include examination of the persistency of pesticides in
\nthe water environment and alternative thereto. The President shall
\nsubmit reports, from time to time, on such investigations to Congress
\ntogether with his recommendations for any necessary legislation.
\n(m)(1) The Administrator shall, in an effort to prevent degradation
\nof the environment from the disposal of waste oil, conduct a
\nstudy of (A) the generation of used engine, machine, cooling, and
\nsimilar waste oil, including quantities generated, the nature and
\nquality of such oil, present collecting methods and disposal practices,
\nand alternate uses of such oil; (B) the long-term, chronic biological
\neffects of the disposal of such waste oil; and (C) the potential
\nmarket for such oils, including the economic and legal factors
\nrelating to the sale of products made from such oils, the level of
\nsubsidy, if any, needed to encourage the purchase by public and
\nprivate nonprofit agencies of products from such oil, and the practicability
\nof Federal procurement, on a priority basis, of products
\nmade from such oil. In conducting such study, the Administrator
\nshall consult with affected industries and other persons.
\n(2) The Administrator shall report the preliminary results of
\nsuch study to Congress within six months after the date of enactment
\nof the Federal Water Pollution Control Act Amendments of
\n1972, and shall submit a final report to Congress within 18 months
\nafter such date of enactment.
\n(n)(1) The Administrator shall, in cooperation with the Secretary
\nof the Army, the Secretary of Agriculture, the Water Resources
\nCouncil, and with other appropriate Federal, State, interstate,
\nor local public bodies and private organizations, institutions,
\nand individuals, conduct and promote, encourage contributions to,
\ncontinuing comprehensive studies of the effects of pollution, including
\nsedimentation, in the estuaries and estuarine zones of the
\nUnited States on fish and wildlife, on sport and commercial fishing,
\non recreation, on water supply and water power, and on other beneficial
\npurposes. Such studies shall also consider the effect of demographic
\ntrends, the exploitation of mineral resources and fossil
\nfuels, land and industrial development, navigation, flood and erosion
\ncontrol, and other uses of estuaries and estuarine zones upon
\nthe pollution of the waters therein.
\n(2) In conducting such studies, the Administrator shall assemble,
\ncoordinate, and organize all existing pertinent information on
\nthe Nation\u2019s estuaries and estuarine zones; carry out a program of
\ninvestigations and surveys to supplement existing information in
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\nSec. 104 FEDERAL WATER POLLUTION CONTROL ACT 12
\nrepresentative estuaries and estuarine zones; and identify the problems
\nand areas where further research and study are required.
\n(3) For the purpose of this subsection, the term \u2018\u2018estuarine
\nzones\u2019\u2019 means an environmental system consisting of an estuary
\nand those transitional areas which are consistently influenced or
\naffected by water from an estuary such as, but not limited to, salt
\nmarshes, coastal and intertidal areas, bays, harbors, lagoons,
\ninshore waters, and channels, and the term \u2018\u2018estuary\u2019\u2019 means all or
\npart of the mouth of a river or stream or other body of water having
\nunimpaired natural connection with open sea and within which
\nthe sea water is measurably diluted with fresh water derived from
\nland drainage.
\n(o)(1) The Administrator shall conduct research and investigations
\non devices, systems, incentives, pricing policy, and other
\nmethods of reducing the total flow of sewage, including, but not
\nlimited to, unnecessary water consumption in order to reduce the
\nrequirements for, and the costs of, sewage and waste treatment
\nservices. Such research and investigations shall be directed to develop
\ndevices, systems, policies, and methods capable of achieving
\nthe maximum reduction of unnecessary water consumption.
\n(2) The Administrator shall report the preliminary results of
\nsuch studies and investigations to the Congress within one year
\nafter the date of enactment of the Federal Water Pollution Control
\nAct Amendments of 1972, and annually thereafter not later than
\n90 days after the date of convening of each session of Congress.
\nSuch report shall include recommendations for any legislation that
\nmay be required to provide for the adoption and use of devices, systems,
\npolicies, or other methods of reducing water consumption and
\nreducing the total flow of sewage. Such report shall include an estimate
\nof the benefits to be derived from adoption and use of such
\ndevices, systems, policies, or other methods and also shall reflect
\nestimates of any increase in private, public, or other cost that
\nwould be occasioned thereby.
\n(p) In carrying out the provisions of subsection (a) of this section
\nthe Administrator shall, in cooperation with the Secretary of
\nAgriculture, other Federal agencies, and the States, carry out a
\ncomprehensive study and research program to determine new and
\nimproved methods and the better application of existing methods
\nof preventing, reducing, and eliminating pollution from agriculture,
\nincluding the legal, economic, and other implications of the use of
\nsuch methods.
\n(q)(1) The Administrator shall conduct a comprehensive program
\nof research and investigation and pilot project implementation
\ninto new and improved methods of preventing, reducing, storing,
\ncollecting, treating, or otherwise eliminating pollution from
\nsewage in rural and other areas where collection of sewage in conventional,
\ncommunity-wide sewage collection systems is impractical,
\nuneconomical, or otherwise infeasible, or where soil conditions
\nor other factors preclude the use of septic tank and drainage field
\nsystems.
\n(2) The Administrator shall conduct a comprehensive program
\nof research and investigation and pilot project implementation into
\nnew and improved methods for the collection and treatment of sew-
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\nNovember 27, 2002
\n13 FEDERAL WATER POLLUTION CONTROL ACT Sec. 104
\nage and other liquid wastes combined with the treatment and disposal
\nof solid wastes.
\n(3) The Administrator shall establish, either within the Environmental
\nProtection Agency, or through contract with an appropriate
\npublic or private non-profit organization, a national clearinghouse
\nwhich shall (A) receive reports and information resulting
\nfrom research, demonstrations, and other projects funded under
\nthis Act related to paragraph (1) of this subsection and to subsection
\n(e)(2) of section 105; (B) coordinate and disseminate such
\nreports and information for use by Federal and State agencies, municipalities,
\ninstitutions, and persons in developing new and improved
\nmethods pursuant to this subsection; and (C) provide for the
\ncollection and dissemination of reports and information relevant to
\nthis subsection from other Federal and State agencies, institutions,
\nuniversities, and persons.
\n(4) SMALL FLOWS CLEARINGHOUSE.\u2014Notwithstanding section
\n205(d) of this Act, from amounts that are set aside for a fiscal
\nyear under section 205(i) of this Act and are not obligated by
\nthe end of the 24-month period of availability for such amounts
\nunder section 205(d), the Administrator shall make available
\n$1,000,000 or such unobligated amount, whichever is less, to
\nsupport a national clearinghouse within the Environmental
\nProtection Agency to collect and disseminate information on
\nsmall flows of sewage and innovative or alternative wastewater
\ntreatment processes and techniques, consistent with paragraph
\n(3). This paragraph shall apply with respect to amounts set
\naside under section 205(i) for which the 24-month period of
\navailability referred to in the preceding sentence ends on or
\nafter September 30, 1986.
\n(r) The Administrator is authorized to make grants to colleges
\nand universities to conduct basic research into the structure and
\nfunction of fresh water aquatic ecosystems, and to improve understanding
\nof the ecological characteristics necessary to the maintenance
\nof the chemical, physical, and biological integrity of freshwater
\naquatic ecosystems.
\n(s) The Administrator is authorized to make grants to one or
\nmore institutions of higher education (regionally located and to be
\ndesignated as \u2018\u2018River Study Centers\u2019\u2019) for the purpose of conducting
\nand reporting on interdisciplinary studies on the nature of river
\nsystems, including hydrology, biology, ecology, economics, the relationship
\nbetween river uses and land uses, and the effects of development
\nwithin river basins on river systems and on the value of
\nwater resources and water related activities. No such grant in any
\nfiscal year shall exceed $1,000,000.
\n(t) The Administrator shall, in cooperation with State and Federal
\nagencies and public and private organizations, conduct continuing
\ncomprehensive studies of the effects and methods of control
\nof thermal discharges. In evaluating alternative methods of control
\nthe studies shall consider (1) such data as are available on the latest
\navailable technology, economic feasibility including cost-effectiveness
\nanalysis, and (2) the total impact on the environment, considering
\nnot only water quality but also air quality, land use, and
\neffective utilization and conservation of fresh water and other natural
\nresources. Such studies shall consider methods of minimizing
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\nSec. 104 FEDERAL WATER POLLUTION CONTROL ACT 14
\nadverse effects and maximizing beneficial effects of thermal discharges.
\nThe results of these studies shall be reported by the Administrator
\nas soon as practicable, but not later than 270 days
\nafter enactment of this subsection, and shall be made available to
\nthe public and the States, and considered as they become available
\nby the Administrator in carrying out section 316 of this Act and by
\nthe State in proposing thermal water quality standards.
\n(u) There is authorized to be appropriated (1) not to exceed
\n$100,000,000 per fiscal year for the fiscal year ending June 30,
\n1973, the fiscal year ending June 30, 1974, and the fiscal year ending
\nJune 30, 1975, not to exceed $14,039,000 for the fiscal year
\nending September 30, 1980, not to exceed $20,697,000 for the fiscal
\nyear ending September 30, 1981, not to exceed $22,770,000 for the
\nfiscal year ending September 30, 1982, such sums as may be necessary
\nfor fiscal years 1983 through 1985, and not to exceed
\n$22,770,000 per fiscal year for each of the fiscal years 1986 through
\n1990, for carrying out the provisions of this section, other than subsections
\n(g)(1) and (2), (p), (r), and (t), except that such authorizations
\nare not for any research, development, or demonstration activity
\npursuant to such provisions; (2) not to exceed $7,500,000 for
\nfiscal years 1973, 1974, and 1975, $2,000,000 for fiscal year 1977,
\n$3,000,000 for fiscal year 1978, $3,000,000 for fiscal year 1979,
\n$3,000,000 for fiscal year 1980, $3,000,000 for fiscal year 1981,
\n$3,000,000 for fiscal year 1982, such sums as may be necessary for
\nfiscal years 1983 through 1985, and $3,000,000 per fiscal year for
\neach of the fiscal years 1986 through 1990, for carrying out the provisions
\nof subsection (g)(1); (3) not to exceed $2,500,000 for fiscal
\nyears 1973, 1974, and 1975, $1,000,000 for fiscal year 1977,
\n$1,500,000 for fiscal year 1978, $1,500,000 for fiscal year 1979,
\n$1,500,000 for fiscal year 1980, $1,500,000 for fiscal year 1981,
\n$1,500,000 for fiscal year 1982, such sums as may be necessary for
\nfiscal years 1983 through 1985, and $1,500,000 per fiscal year for
\neach of the fiscal years 1986 through 1990, for carrying out the provisions
\nof subsection (g)(2); (4) not to exceed $10,000,000 for each
\nof the fiscal years ending June 30, 1973, June 30, 1974, and June
\n30, 1975, for carrying out the provisions of subsection (p); (5) not
\nto exceed $15,000,000 per fiscal year for the fiscal years ending
\nJune 30, 1973, June 30, 1974, and June 30, 1975, for carrying out
\nthe provisions of subsection (r); and (6) not to exceed $10,000,000
\nper fiscal year for the fiscal years ending June 30, 1973, June 30,
\n1974, and June 30, 1975, for carrying out the provisions of subsection
\n(t).
\n(v) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL
\nRECREATION WATERS.\u2014Not later than 18 months after the date of
\nthe enactment of this subsection, after consultation and in cooperation
\nwith appropriate Federal, State, tribal, and local officials (including
\nlocal health officials), the Administrator shall initiate, and,
\nnot later than 3 years after the date of the enactment of this subsection,
\nshall complete, in cooperation with the heads of other Federal
\nagencies, studies to provide additional information for use in
\ndeveloping\u2014
\n(1) an assessment of potential human health risks resulting
\nfrom exposure to pathogens in coastal recreation waters,
\nincluding nongastrointestinal effects;
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\nNovember 27, 2002
\n15 FEDERAL WATER POLLUTION CONTROL ACT Sec. 105
\n(2) appropriate and effective indicators for improving detection
\nin a timely manner in coastal recreation waters of the
\npresence of pathogens that are harmful to human health;
\n(3) appropriate, accurate, expeditious, and cost-effective
\nmethods (including predictive models) for detecting in a timely
\nmanner in coastal recreation waters the presence of pathogens
\nthat are harmful to human health; and
\n(4) guidance for State application of the criteria for pathogens
\nand pathogen indicators to be published under section
\n304(a)(9) to account for the diversity of geographic and aquatic
\nconditions.
\n(33 U.S.C. 1254)
\nGRANTS FOR RESEARCH AND DEVELOPMENT
\nSEC. 105. (a) The Administrator is authorized to conduct in the
\nEnvironmental Protection Agency, and to make grants to any
\nState, municipality, or intermunicipal or interstate agency for the
\npurpose of assisting in the development of\u2014
\n(1) any project which will demonstrate a new or improved
\nmethod of preventing, reducing, and eliminating the discharge
\ninto any waters of pollutants from sewers which carry storm
\nwater or both storm water and pollutants; or
\n(2) any project which will demonstrate advanced waste
\ntreatment and water purification methods (including the temporary
\nuse of new or improved chemical additives which provide
\nsubstantial immediate improvement to existing treatment
\nprocesses), or new or improved methods of joint treatment systems
\nfor municipal and industrial wastes;
\nand to include in such grants such amounts as are necessary for
\nthe purpose of reports, plans, and specifications in connection
\ntherewith.
\n(b) The Administrator is authorized to make grants to any
\nState or States or interstate agency to demonstrate, in river basins
\nor portions thereof, advanced treatment and environmental enhancement
\ntechniques to control pollution from all sources, within
\nsuch basins or portions thereof, including nonpoint sources, together
\nwith in stream water quality improvement techniques.
\n(c) In order to carry out the purposes of section 301 of this Act,
\nthe Administrator is authorized to (1) conduct in the Environmental
\nProtection Agency, (2) make grants to persons, and (3)
\nenter into contracts with persons, for research and demonstration
\nprojects for prevention of pollution of any waters by industry including,
\nbut not limited to, the prevention, reduction, and elimination
\nof the discharge of pollutants. No grant shall be made for
\nany project under this subsection unless the Administrator determines
\nthat such project will develop or demonstrate a new or improved
\nmethod of treating industrial wastes or otherwise prevent
\npollution by industry, which method shall have industrywide application.
\n(d) In carrying out the provisions of this section, the Administrator
\nshall conduct, on a priority basis, an accelerated effort to develop,
\nrefine, and achieve practical application of:
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\nNovember 27, 2002
\nSec. 105 FEDERAL WATER POLLUTION CONTROL ACT 16
\n(1) waste management methods applicable to point and
\nnonpoint sources of pollutants to eliminate the discharge of
\npollutants, including, but not limited to, elimination of runoff
\nof pollutants and the effects of pollutants from inplace or accumulated
\nsources;
\n(2) advanced waste treatment methods applicable to point
\nand nonpoint sources, including inplace or accumulated sources
\nof pollutants, and methods for reclaiming and recycling water
\nand confining pollutants so they will not migrate to cause
\nwater or other environmental pollution; and
\n(3) improved methods and procedures to identify and
\nmeasure the effects of pollutants on the chemical, physical, and
\nbiological integrity of water, including those pollutants created
\nby new technological developments.
\n(e)(1) The Administrator is authorized to (A) make, in consultation
\nwith the Secretary of Agriculture, grants to persons for research
\nand demonstration projects with respect to new and improved
\nmethods of preventing, reducing, and eliminating pollution
\nfrom agriculture, and (B) disseminate, in cooperation with the Secretary
\nof Agriculture, such information obtained under this subsection,
\nsection 104(p), and section 304 as will encourage and enable
\nthe adoption of such methods in the agricultural industry.
\n(2) The Administrator is authorized, (A) in consultation with
\nother interested Federal agencies, to make grants for demonstration
\nprojects with respect to new and improved methods of preventing,
\nreducing, storing, collecting, treating, or otherwise eliminating
\npollution from sewage in rural and other areas where collection
\nof sewage in conventional, community-wide sewage collection
\nsystems is impractical, uneconomical, or otherwise infeasible, or
\nwhere soil conditions or other factors preclude the use of septic
\ntank and drainage field systems, and (B) in cooperation with other
\ninterested Federal and State agencies, to disseminate such information
\nobtained under this subsection as will encourage and enable
\nthe adoption of new and improved methods developed pursuant
\nto this subsection.
\n(f) Federal grants under subsection (a) of this section shall be
\nsubject to the following limitations:
\n(1) No grant shall be made for any project unless such
\nproject shall have been approved by the appropriate State
\nwater pollution control agency or agencies and by the Administrator;
\n(2) No grant shall be made for any project in an amount
\nexceeding 75 per centum of cost thereof as determined by the
\nAdministrator; and
\n(3) No grant shall be made for any project unless the Administrator
\ndetermines that such project will serve as a useful
\ndemonstration for the purpose set forth in clause (1) or (2) of
\nsubsection (a).
\n(g) Federal grants under subsections (c) and (d) of this section
\nshall not exceed 75 per centum of the cost of the project.
\n(h) For the purpose of this section there is authorized to be appropriated
\n$75,000,000 per fiscal year for the fiscal year ending
\nJune 30, 1973, the fiscal year ending June 30, 1974, and the fiscal
\nyear ending June 30, 1975, and from such appropriations at least
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\n17 FEDERAL WATER POLLUTION CONTROL ACT Sec. 106
\n10 per centum of the funds actually appropriated in each fiscal
\nyear shall be available only for the purposes of subsection (e).
\n(i) The Administrator is authorized to make grants to a municipality
\nto assist in the costs of operating and maintaining a
\nproject which received a grant under this section, section 104, or
\nsection 113 of this Act prior to the date of enactment of this subsection
\nso as to reduce the operation and maintenance costs borne
\nby the recipients of services from such project to costs comparable
\nto those for projects assisted under title II of this Act.
\n(j) The Administrator is authorized to make a grant to any
\ngrantee who received an increased grant pursuant to section
\n202(a)(2) of this Act. Such grant may pay up to 100 per centum of
\nthe costs of technical evaluation of the operation of the treatment
\nworks, costs of training of persons (other than employees of the
\ngrantee), and costs of disseminating technical information on the
\noperation of the treatment works.
\n(33 U.S.C. 1255)
\nGRANTS FOR POLLUTION CONTROL PROGRAMS
\nSEC. 106. (a) There are hereby authorized to be appropriated
\nthe following sums, to remain available until expended, to carry
\nout the purposes of this section\u2014
\n(1) $60,000,000 for the fiscal year ending June 30, 1973;
\nand
\n(2) $75,000,000 for the fiscal year ending June 30, 1974,
\nand the fiscal year ending June 30, 1975, $100,000,000 per fiscal
\nyear for the fiscal years 1977, 1978, 1979, and 1980,
\n$75,000,000 per fiscal year for the fiscal years 1981 and 1982,
\nsuch sums as may be necessary for fiscal years 1983 through
\n1985, and $75,000,000 per fiscal year for each of the fiscal
\nyears 1986 through 1990;
\nfor grants to States and to interstate agencies to assist them in administering
\nprograms for the prevention, reduction, and elimination
\nof pollution, including enforcement directly or through appropriate
\nState law enforcement officers or agencies.
\n(b) From the sums appropriated in any fiscal year, the Administrator
\nshall make allotments to the several States and interstate
\nagencies in accordance with regulations promulgated by him on the
\nbasis of the extent of the pollution problem in the respective States.
\n(c) The Administrator is authorized to pay to each State and
\ninterstate agency each fiscal year either\u2014
\n(1) the allotment of such State or agency for such fiscal
\nyear under subsection (b), or
\n(2) the reasonable costs as determined by the Administrator
\nof developing and carrying out a pollution program by
\nsuch State or agency during such fiscal year,
\nwhichever amount is the lesser.
\n(d) No grant shall be made under this section to any State or
\ninterstate agency for any fiscal year when the expenditure of non-
\nFederal funds by such State or interstate agency during such fiscal
\nyear for the recurrent expenses of carrying out its pollution control
\nprogram are less than the expenditure by such State or interstate
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\nSec. 107 FEDERAL WATER POLLUTION CONTROL ACT 18
\nagency of non-Federal funds for such recurrent program expenses
\nduring the fiscal year ending June 30, 1971.
\n(e) Beginning in fiscal year 1974 the Administrator shall not
\nmake any grant under this section to any State which has not provided
\nor is not carrying out as a part of its program\u2014
\n(1) the establishment and operation of appropriate devices,
\nmethods, systems, and procedures necessary to monitor, and to
\ncompile and analyze data on (including classification according
\nto eutrophic condition), the quality of navigable waters and to
\nthe extent practicable, ground waters including biological monitoring;
\nand provision for annually updating such data and including
\nit in the report required under section 305 of this Act;
\n(2) authority comparable to that in section 504 of this Act
\nand adequate contingency plans to implement such authority.
\n(f) Grants shall be made under this section on condition that\u2014
\n(1) Such State (or interstate agency) filed with the Administrator
\nwithin one hundred and twenty days after the date of
\nenactment of this section:
\n(A) a summary report of the current status of the
\nState pollution control program, including the criteria used
\nby the State in determining priority of treatment works;
\nand
\n(B) such additional information, data, and reports as
\nthe Administrator may require.
\n(2) No federally assumed enforcement as defined in section
\n309(a)(2) is in effect with respect to such State or interstate
\nagency.
\n(3) Such State (or interstate agency) submits within one
\nhundred and twenty days after the date of enactment of this
\nsection and before July 1 of each year thereafter for the Administrator\u2019s
\napproval of its program for the prevention, reduction,
\nand elimination of pollution in accordance with purposes
\nand provisions of this Act in such form and content as the Administrator
\nmay prescribe.
\n(g) Any sums allotted under subsection (b) in any fiscal year
\nwhich are not paid shall be reallotted by the Administrator in accordance
\nwith regulations promulgated by him.
\n(33 U.S.C. 1256)
\nMINE WATER POLLUTION CONTROL DEMONSTRATIONS
\nSEC. 107. (a) The Administrator in cooperation with the Appalachian
\nRegional Commission and other Federal agencies is authorized
\nto conduct, to make grants for, or to contract for, projects to
\ndemonstrate comprehensive approaches to the elimination or control
\nof acid or other mine water pollution resulting from active or
\nabandoned mining operations and other environmental pollution affecting
\nwater quality within all or part of a watershed or river
\nbasin, including siltation from surface mining. Such projects shall
\ndemonstrate the engineering and economic feasibility and practicality
\nof various abatement techniques which will contribute substantially
\nto effective and practical methods of acid or other mine
\nwater pollution elimination or control, and other pollution affecting
\nwater quality, including techniques that demonstrate the engineer-
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\n19 FEDERAL WATER POLLUTION CONTROL ACT Sec. 108
\ning and economic feasibility and practicality of using sewage sludge
\nmaterials and other municipal wastes to diminish or prevent pollution
\naffecting water quality from acid, sedimentation, or other pollutants
\nand in such projects to restore affected lands to usefulness
\nfor forestry, agriculture, recreation, or other beneficial purposes.
\n(b) Prior to undertaking any demonstration project under this
\nsection in the Appalachian region (as defined in section 403 of the
\nAppalachian Regional Development Act of 1965, as amended), the
\nAppalachian Regional Commission shall determine that such demonstration
\nproject is consistent with the objectives of the Appalachian
\nRegional Development Act of 1965, as amended.
\n(c) The Administrator, in selecting watersheds for the purposes
\nof this section, shall be satisfied that the project area will not be
\naffected adversely by the influx of acid or other mine water pollution
\nfrom nearby sources.
\n(d) Federal participation in such projects shall be subject to the
\nconditions\u2014
\n(1) that the State shall acquire any land or interests therein
\nnecessary for such project; and
\n(2) that the State shall provide legal and practical protection
\nto the project area to insure against any activities which
\nwill cause future acid or other mine water pollution.
\n(e) There is authorized to be appropriated $30,000,000 to carry
\nout the provisions of this section, which sum shall be available
\nuntil expended.
\n(33 U.S.C. 1257)
\nPOLLUTION CONTROL IN GREAT LAKES
\nSEC. 108. (a) The Administrator, in cooperation with other Federal
\ndepartments, agencies, and instrumentalities is authorized to
\nenter into agreements with any State, political subdivision, interstate
\nagency, or other public agency, or combination thereof, to
\ncarry out one or more projects to demonstrate new methods and
\ntechniques and to develop preliminary plans for the elimination or
\ncontrol of pollution, within all or any part of the watersheds of the
\nGreat Lakes. Such projects shall demonstrate the engineering and
\neconomic feasibility and practicality of removal of pollutants and
\nprevention of any polluting matter from entering into the Great
\nLakes in the future and other reduction and remedial techniques
\nwhich will contribute substantially to effective and practical methods
\nof pollution prevention, reduction, or elimination.
\n(b) Federal participation in such projects shall be subject to the
\ncondition that the State, political subdivision, interstate agency, or
\nother public agency, or combination thereof, shall pay not less than
\n25 per centum of the actual project costs, which payment may be
\nin any form, including, but not limited to, land or interests therein
\nthat is needed for the project, and personal property or services the
\nvalue of which shall be determined by the Administrator.
\n(c) There is authorized to be appropriated $20,000,000 to carry
\nout the provisions of subsections (a) and (b) of this section, which
\nsum shall be available until expended.
\n(d)(1) In recognition of the serious conditions which exist in
\nLake Erie, the Secretary of the Army, acting through the Chief of
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\nSec. 109 FEDERAL WATER POLLUTION CONTROL ACT 20
\nEngineers, is directed to design and develop a demonstration waste
\nwater management program for the rehabilitation and environmental
\nrepair of Lake Erie. Prior to the initiation of detailed engineering
\nand design, the program, along with the specific recommendations
\nof the Chief of Engineers and recommendations for
\nits financing, shall be submitted to the Congress for statutory approval.
\nThis authority is in addition to, and not in lieu of, other
\nwaste water studies aimed at eliminating pollution emanating from
\nselect sources around Lake Erie.
\n(2) This program is to be developed in cooperation with the Environmental
\nProtection Agency, other interested departments,
\nagencies, and instrumentalities of the Federal Government, and
\nthe States and their political subdivisions. This program shall set
\nforth alternative systems for managing waste water on a regional
\nbasis and shall provide local and State governments with a range
\nof choice as to the type of system to be used for the treatment of
\nwaste water. These alternative systems shall include both advanced
\nwaste treatment technology and land disposal systems including
\naerated treatment-spray irrigation technology and will also
\ninclude provisions for the disposal of solid wastes, including sludge.
\nSuch program should include measures to control point sources of
\npollution, area sources of pollution, including acid-mine drainage,
\nurban runoff and rural runoff, and in place sources of pollution, including
\nbottom loads, sludge banks, and polluted harbor dredgings.
\n(e) There is authorized to be appropriated $5,000,000 to carry
\nout the provisions of subsection (d) of this section, which sum shall
\nbe available until expended.
\n(33 U.S.C. 1258)
\nTRAINING GRANTS AND CONTRACTS
\nSEC. 109. (a) The Administrator is authorized to make grants
\nto or contracts with institutions of higher education, or combinations
\nof such institutions, to assist them in planning, developing,
\nstrengthening, improving, or carrying out programs or projects for
\nthe preparation of undergraduate students to enter an occupation
\nwhich involves the design, operation, and maintenance of treatment
\nworks, and other facilities whose purpose is water quality
\ncontrol. Such grants or contracts may include payment of all or
\npart of the cost of programs or projects such as\u2014
\n(A) planning for the development or expansion of programs
\nor projects for training persons in the operation and maintenance
\nof treatment works;
\n(B) training and retraining of faculty members;
\n(C) conduct of short-term or regular session institutes for
\nstudy by persons engaged in, or preparing to engage in, the
\npreparation of students preparing to enter an occupation involving
\nthe operation and maintenance of treatment works;
\n(D) carrying out innovative and experimental programs of
\ncooperative education involving alternate periods of full-time or
\npart-time academic study at the institution and periods of fulltime
\nor part-time employment involving the operation and
\nmaintenance of treatment works; and
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\nNovember 27, 2002
\n21 FEDERAL WATER POLLUTION CONTROL ACT Sec. 110
\n(E) research into, and development of, methods of training
\nstudents or faculty, including the preparation of teaching materials
\nand the planning of curriculum.
\n(b)(1) The Administrator may pay 100 per centum of any additional
\ncost of construction of treatment works required for a facility
\nto train and upgrade waste treatment works operation and maintenance
\npersonnel and for the costs of other State treatment works
\noperator training programs, including mobile training units, classroom
\nrental, specialized instructors, and instructional material.
\n(2) The Administrator shall make no more than one grant for
\nsuch additional construction in any State (to serve a group of
\nStates, where, in his judgment, efficient training programs require
\nmulti-State programs), and shall make such grant after consultation
\nwith and approval by the State or States on the basis of (A)
\nthe suitability of such facility for training operation and maintenance
\npersonnel for treatment works throughout such State or
\nStates; and (B) a commitment by the State agency or agencies to
\ncarry out at such facility a program of training approved by the Administrator.
\nIn any case where a grant is made to serve two or
\nmore States, the Administrator is authorized to make an additional
\ngrant for a supplemental facility in each such State.
\n(3) The Administrator may make such grant out of the sums
\nallocated to a State under section 205 of this Act, except that in
\nno event shall the Federal cost of any such training facilities exceed
\n$500,000.
\n(4) The Administrator may exempt a grant under this section
\nfrom any requirement under section 204(a)(3) of this Act. Any
\ngrantee who received a grant under this section prior to enactment
\nof the Clean Water Act of 1977 shall be eligible to have its grant
\nincreased by funds made available under such Act.
\n(33 U.S.C. 1259)
\nAPPLICATION FOR TRAINING GRANT OR CONTRACT; ALLOCATION OF
\nGRANTS OR CONTRACTS
\nSEC. 110. (1) A grant or contract authorized by section 109 may
\nbe made only upon application to the Administrator at such time
\nor times and containing such information as he may prescribe, except
\nthat no such application shall be approved unless it\u2014
\n(A) sets forth programs, activities, research, or development
\nfor which a grant is authorized under section 109 and describes
\nthe relation to any program set forth by the applicant
\nin an application, if any, submitted pursuant to section 111;
\n(B) provides such fiscal control and fund accounting procedures
\nas may be necessary to assure proper disbursement of
\nand accounting for Federal funds paid to the applicant under
\nthis section; and
\n(C) provides for making such reports, in such form and
\ncontaining such information, as the Administrator may require
\nto carry out his functions under this section, and for keeping
\nsuch records and for affording such access thereto as the Administrator
\nmay find necessary to assure the correctness and
\nverification of such reports.
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\nNovember 27, 2002
\nSec. 111 FEDERAL WATER POLLUTION CONTROL ACT 22
\n(2) The Administrator shall allocate grants or contracts under
\nsection 109 in such manner as will most nearly provide an equitable
\ndistribution of the grants or contracts throughout the United
\nStates among institutions of higher education which show promise
\nof being able to use funds effectively for the purpose of this section.
\n(3)(A) Payments under this section may be used in accordance
\nwith regulations of the Administrator, and subject to the terms and
\nconditions set forth in an application approved under paragraph
\n(1), to pay part of the compensation of students employed in connection
\nwith the operation and maintenance of treatment works,
\nother than as an employee in connection with the operation and
\nmaintenance of treatment works or as an employee in any branch
\nof the Government of the United States, as part of a program for
\nwhich a grant has been approved pursuant to this section.
\n(B) Departments and agencies of the United States are encouraged,
\nto the extent consistent with efficient Administration, to
\nenter into arrangements with institutions of higher education for
\nthe full-time, part-time, or temporary employment, whether in the
\ncompetitive or excepted service, of students enrolled in programs
\nset forth in applications approved under paragraph (1).
\n(33 U.S.C. 1260)
\nAWARD OF SCHOLARSHIPS
\nSEC. 111. (1) The Administrator is authorized to award scholarships
\nin accordance with the provisions of this section for undergraduate
\nstudy by persons who plan to enter an occupation involving
\nthe operation and maintenance of treatment works. Such scholarships
\nshall be awarded for such periods as the Administrator
\nmay determine but not to exceed four academic years.
\n(2) The Administrator shall allocate scholarships under this
\nsection among institutions of higher education with programs approved
\nunder the provisions of this section for the use of individuals
\naccepted into such programs, in such manner and accordance
\nto such plan as will insofar as practicable\u2014
\n(A) provide an equitable distribution of such scholarships
\nthroughout the United States; and
\n(B) attract recent graduates of secondary schools to enter
\nan occupation involving the operation and maintenance of
\ntreatment works.
\n(3) The Administrator shall approve a program of any institution
\nof higher education for the purposes of this section only upon
\napplication by the institution and only upon his finding\u2014
\n(A) that such program has as a principal objective the education
\nand training of persons in the operation and maintenance
\nof treatment works;
\n(B) that such program is in effect and of high quality, or
\ncan be readily put into effect and may reasonably be expected
\nto be of high quality;
\n(C) that the application describes the relation of such program
\nto any program, activity, research, or development set
\nforth by the applicant in an application, if any, submitted pursuant
\nto section 110 of this Act; and
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\nNovember 27, 2002
\n23 FEDERAL WATER POLLUTION CONTROL ACT Sec. 112
\n(D) that the application contains satisfactory assurances
\nthat (i) the institution will recommend to the Administrator for
\nthe award of scholarships under this section, for study in such
\nprogram, only persons who have demonstrated to the satisfaction
\nof the institution a serious intent, upon completing the
\nprogram, to enter an occupation involving the operation and
\nmaintenance of treatment works, and (ii) the institution will
\nmake reasonable continuing efforts to encourage recipients of
\nscholarships under this section, enrolled in such program, to
\nenter occupations involving the operation and maintenance of
\ntreatment works upon completing the program.
\n(4)(A) The Administrator shall pay to persons awarded scholarships
\nunder this section such stipends (including such allowances
\nfor subsistence and other expenses for such persons and their dependents)
\nas he may determine to be consistent with prevailing
\npractices under comparable federally supported programs.
\n(B) The Administrator shall (in addition to the stipends paid
\nto persons under paragraph (1)) pay to the institution of higher
\neducation at which such person is pursuing his course of study
\nsuch amount as he may determine to be consistent with prevailing
\npractices under comparable federally supported programs.
\n(5) A person awarded a scholarship under the provisions of this
\nsection shall continue to receive the payments provided in this section
\nonly during such periods as the Administrator finds that he is
\nmaintaining satisfactory proficiency and devoting full time to study
\nor research in the field in which such scholarship was awarded in
\nan institution of higher education, and is not engaging in gainful
\nemployment other than employment approved by the Administrator
\nby or pursuant to regulation.
\n(6) The Administrator shall by regulation provide that any person
\nawarded a scholarship under this section shall agree in writing
\nto enter and remain in an occupation involving the design, operation,
\nor maintenance of treatment works for such period after
\ncompletion of his course of studies as the Administrator determines
\nappropriate.
\n(33 U.S.C. 1261)
\nDEFINITIONS AND AUTHORIZATIONS
\nSEC. 112. (a) As used in sections 109 through 112 of this Act\u2014
\n(1) The term \u2018\u2018institution of higher education\u2019\u2019 means an
\neducational institution described in the first sentence of section
\n101 of the Higher Education Act of 1965 (other than an institution
\nof any agency of the United States) which is accredited by
\na nationally recognized accrediting agency or association approved
\nby the Administrator for this purpose. For purposes of
\nthis subsection, the Administrator shall publish a list of nationally
\nrecognized accrediting agencies or associations which
\nhe determines to be reliable authority as to the quality of
\ntraining offered.
\n(2) The term \u2018\u2018academic year\u2019\u2019 means an academic year or
\nits equivalent, as determined by the Administrator.
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\nNovember 27, 2002
\nSec. 113 FEDERAL WATER POLLUTION CONTROL ACT 24
\n(b) The Administrator shall annually report his activities
\nunder sections 109 through 112 of this Act, including recommendations
\nfor needed revisions in the provisions thereof.
\n(c) There are authorized to be appropriated $25,000,000 per fiscal
\nyear for fiscal years ending June 30, 1973, June 30, 1974, and
\nJune 30, 1975, $6,000,000 for the fiscal year ending September 30,
\n1977, $7,000,000 for the fiscal year ending September 30, 1978,
\n$7,000,000 for the fiscal year ending September 30, 1979,
\n$7,000,000 for the fiscal year ending September 30, 1980,
\n$7,000,000 for the fiscal year ending September 30, 1981,
\n$7,000,000 for the fiscal year ending September 30, 1982, such
\nsums as may be necessary for fiscal years 1983 through 1985, and
\n$7,000,000 per fiscal year for each of the fiscal years 1986 through
\n1990, to carry out sections 109 through 112 of this Act.
\n(33 U.S.C. 1262)
\nALASKA VILLAGE DEMONSTRATION PROJECTS
\nSEC. 113. (a) The Administrator is authorized to enter into
\nagreements with the State of Alaska to carry out one or more
\nprojects to demonstrate methods to provide for central community
\nfacilities for safe water and elimination or control of pollution in
\nthose native villages of Alaska without such facilities. Such project
\nshall include provisions for community safe water supply systems,
\ntoilets, bathing and laundry facilities, sewage disposal facilities,
\nand other similar facilities, and educational and informational facilities
\nand programs relating to health and hygiene. Such demonstration
\nprojects shall be for the further purpose of developing
\npreliminary plans for providing such safe water and such elimination
\nor control of pollution for all native villages in such State.
\n(b) In carrying out this section the Administrator shall cooperate
\nwith the Secretary of Health, Education, and Welfare for the
\npurpose of utilizing such of the personnel and facilities of that Department
\nas may be appropriate.
\n(c) The Administrator shall report to Congress not later than
\nJuly 1, 1973, the results of the demonstration projects authorized
\nby this section together with his recommendations, including and
\nnecessary legislation, relating to the establishment of a statewide
\nprogram.
\n(d) There is authorized to be appropriated not to exceed
\n$2,000,000 to carry out this section. In addition, there is authorized
\nto be appropriated to carry out this section not to exceed $200,000
\nfor the fiscal year ending September 30, 1978, and $220,000 for the
\nfiscal year ending September 30, 1979.
\n(e) The Administrator is authorized to coordinate with the Secretary
\nof the Department of Health, Education, and Welfare, the
\nSecretary of the Department of Housing and Urban Development,
\nthe Secretary of the Department of the Interior, the Secretary of
\nthe Department of Agriculture, and the heads of any other departments
\nor agencies he may deem appropriate to conduct a joint
\nstudy with representatives of the State of Alaska and the appropriate
\nNative organizations (as defined in Public Law 92\u2013203) to
\ndevelop a comprehensive program for achieving adequate sanitation
\nservices in Alaska villages. This study shall be coordinated
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\nNovember 27, 2002
\n25 FEDERAL WATER POLLUTION CONTROL ACT Sec. 115
\nwith the programs and projects authorized by sections 104(q) and
\n105(e)(2) of this Act. The Administrator shall submit a report of the
\nresults of the study, together with appropriate supporting data and
\nsuch recommendations as he deems desirable, to the Committee on
\nEnvironment and Public Works of the Senate and to the Committee
\non Public Works and Transportation of the House of Representatives
\nnot later than December 31, 1979. The Administrator shall
\nalso submit recommended administrative actions, procedures, and
\nany proposed legislation necessary to implement the recommendations
\nof the study no later than June 30, 1980.
\n(f) The Administrator is authorized to provide technical, financial
\nand management assistance for operation and maintenance of
\nthe demonstration projects constructed under this section, until
\nsuch time as the recommendations of subsection (e) are implemented.
\n(g) For the purpose of this section, the term \u2018\u2018village\u2019\u2019 shall
\nmean an incorporated or unincorporated community with a population
\nof ten to six hundred people living within a two-mile radius.
\nThe term \u2018\u2018sanitation services\u2019\u2019 shall mean water supply, sewage
\ndisposal, solid waste disposal and other services necessary to maintain
\ngenerally accepted standards of personal hygiene and public
\nhealth.
\n(33 U.S.C. 1263)
\nLAKE TAHOE STUDY
\nSEC. 114. (a) The Administrator, in consultation with the
\nTahoe Regional Planning Agency, the Secretary of Agriculture,
\nother Federal agencies, representatives of State and local governments,
\nand members of the public, shall conduct a thorough and
\ncomplete study on the adequacy of and need for extending Federal
\noversight and control in order to preserve the fragile ecology of
\nLake Tahoe.
\n(b) Such study shall include an examination of the interrelationships
\nand responsibilities of the various agencies of the
\nFederal Government and State and local governments with a view
\nto establishing the necessity for redefinition of legal and other arrangements
\nbetween these various governments, and making specific
\nlegislative recommendations to Congress. Such study shall
\nconsider the effect of various actions in terms of their environmental
\nimpact on the Tahoe Basin, treated as an ecosystem.
\n(c) The Administrator shall report on such study to Congress
\nnot later than one year after the date of enactment of this subsection.
\n(d) There is authorized to be appropriated to carry out this section
\nnot to exceed $500,000.
\n(33 U.S.C. 1264)
\nIN-PLACE TOXIC POLLUTANTS
\nSEC. 115. The Administrator is directed to identify the location
\nof in-place pollutants with emphasis on toxic pollutants in harbors
\nand navigable waterways and is authorized, acting through the
\nSecretary of the Army, to make contracts for the removal and appropriate
\ndisposal of such materials from critical port and harbor
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\nNovember 27, 2002
\nSec. 116 FEDERAL WATER POLLUTION CONTROL ACT 26
\nareas. There is authorized to be appropriated $15,000,000 to carry
\nout the provisions of this section, which sum shall be available
\nuntil expended.
\n(33 U.S.C. 1265)
\nHUDSON RIVER PCB RECLAMATION DEMONSTRATION PROJECT
\nSEC. 116. (a) The Administrator is authorized to enter into contracts
\nand other agreements with the State of New York to carry
\nout a project to demonstrate methods for the selective removal of
\npolychlorinated biphenyls contaminating bottom sediments of the
\nHudson River, treating such sediments as required, burying such
\nsediments in secure landfills, and installing monitoring systems for
\nsuch landfills. Such demonstration project shall be for the purpose
\nof determining the feasibility of indefinite storage in secure landfills
\nof toxic substances and of ascertaining the improvement of the
\nrate of recovery of a toxic contaminated national waterway. No pollutants
\nremoved pursuant to this paragraph shall be placed in any
\nlandfill unless the Administrator first determines that disposal of
\nthe pollutants in such landfill would provide a higher standard of
\nprotection of the public health, safety, and welfare than disposal of
\nsuch pollutants by any other method including, but not limited to,
\nincineration or a chemical destruction process.
\n(b) The Administrator is authorized to make grants to the
\nState of New York to carry out this section from funds allotted to
\nsuch State under section 205(a) of this Act, except that the amount
\nof any such grant shall be equal to 75 per centum of the cost of
\nthe project and such grant shall be made on condition that non-
\nFederal sources provide the remainder of the cost of such project.
\nThe authority of this section shall be available until September 30,
\n1983. Funds allotted to the State of New York under section 205(a)
\nshall be available under this subsection only to the extent that
\nfunds are not available, as determined by the Administrator, to the
\nState of New York for the work authorized by this section under
\nsection 115 or 311 of this Act or a comprehensive hazardous substance
\nresponse and clean up fund. Any funds used under the authority
\nof this subsection shall be deducted from any estimate of
\nthe needs of the State of New York prepared under section 516.
\nThe Administrator may not obligate or expend more than
\n$20,000,000 to carry out this section.
\n(33 U.S.C. 1266)
\nSEC. 117. CHESAPEAKE BAY.
\n(a) DEFINITIONS.\u2014In this section, the following definitions
\napply:
\n(1) ADMINISTRATIVE COST.\u2014The term \u2018\u2018administrative cost\u2019\u2019
\nmeans the cost of salaries and fringe benefits incurred in administering
\na grant under this section.
\n(2) CHESAPEAKE BAY AGREEMENT.\u2014The term \u2018\u2018Chesapeake
\nBay Agreement\u2019\u2019 means the formal, voluntary agreements executed
\nto achieve the goal of restoring and protecting the Chesapeake
\nBay ecosystem and the living resources of the Chesapeake
\nBay ecosystem and signed by the Chesapeake Executive
\nCouncil.
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\nNovember 27, 2002
\n27 FEDERAL WATER POLLUTION CONTROL ACT Sec. 117
\n(3) CHESAPEAKE BAY ECOSYSTEM.\u2014The term \u2018\u2018Chesapeake
\nBay ecosystem\u2019\u2019 means the ecosystem of the Chesapeake Bay
\nand its watershed.
\n(4) CHESAPEAKE BAY PROGRAM.\u2014The term \u2018\u2018Chesapeake
\nBay Program\u2019\u2019 means the program directed by the Chesapeake
\nExecutive Council in accordance with the Chesapeake Bay
\nAgreement.
\n(5) CHESAPEAKE EXECUTIVE COUNCIL.\u2014The term \u2018\u2018Chesapeake
\nExecutive Council\u2019\u2019 means the signatories to the Chesapeake
\nBay Agreement.
\n(6) SIGNATORY JURISDICTION.\u2014The term \u2018\u2018signatory jurisdiction\u2019\u2019
\nmeans a jurisdiction of a signatory to the Chesapeake
\nBay Agreement.
\n(b) CONTINUATION OF CHESAPEAKE BAY PROGRAM.\u2014
\n(1) IN GENERAL.\u2014In cooperation with the Chesapeake Executive
\nCouncil (and as a member of the Council), the Administrator
\nshall continue the Chesapeake Bay Program.
\n(2) PROGRAM OFFICE.\u2014
\n(A) IN GENERAL.\u2014The Administrator shall maintain in
\nthe Environmental Protection Agency a Chesapeake Bay
\nProgram Office.
\n(B) FUNCTION.\u2014The Chesapeake Bay Program Office
\nshall provide support to the Chesapeake Executive Council
\nby\u2014
\n(i) implementing and coordinating science, research,
\nmodeling, support services, monitoring, data
\ncollection, and other activities that support the Chesapeake
\nBay Program;
\n(ii) developing and making available, through publications,
\ntechnical assistance, and other appropriate
\nmeans, information pertaining to the environmental
\nquality and living resources of the Chesapeake Bay
\necosystem;
\n(iii) in cooperation with appropriate Federal,
\nState, and local authorities, assisting the signatories
\nto the Chesapeake Bay Agreement in developing and
\nimplementing specific action plans to carry out the responsibilities
\nof the signatories to the Chesapeake Bay
\nAgreement;
\n(iv) coordinating the actions of the Environmental
\nProtection Agency with the actions of the appropriate
\nofficials of other Federal agencies and State and local
\nauthorities in developing strategies to\u2014
\n(I) improve the water quality and living resources
\nin the Chesapeake Bay ecosystem; and
\n(II) obtain the support of the appropriate officials
\nof the agencies and authorities in achieving
\nthe objectives of the Chesapeake Bay Agreement;
\nand
\n(v) implementing outreach programs for public information,
\neducation, and participation to foster stewardship
\nof the resources of the Chesapeake Bay.
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\nSec. 117 FEDERAL WATER POLLUTION CONTROL ACT 28
\n(c) INTERAGENCY AGREEMENTS.\u2014The Administrator may enter
\ninto an interagency agreement with a Federal agency to carry out
\nthis section.
\n(d) TECHNICAL ASSISTANCE AND ASSISTANCE GRANTS.\u2014
\n(1) IN GENERAL.\u2014In cooperation with the Chesapeake Executive
\nCouncil, the Administrator may provide technical assistance,
\nand assistance grants, to nonprofit organizations,
\nState and local governments, colleges, universities, and interstate
\nagencies to carry out this section, subject to such terms
\nand conditions as the Administrator considers appropriate.
\n(2) FEDERAL SHARE.\u2014
\n(A) IN GENERAL.\u2014Except as provided in subparagraph
\n(B), the Federal share of an assistance grant provided
\nunder paragraph (1) shall be determined by the Administrator
\nin accordance with guidance issued by the Administrator.
\n(B) SMALL WATERSHED GRANTS PROGRAM.\u2014The Federal
\nshare of an assistance grant provided under paragraph
\n(1) to carry out an implementing activity under subsection
\n(g)(2) shall not exceed 75 percent of eligible project
\ncosts, as determined by the Administrator.
\n(3) NON-FEDERAL SHARE.\u2014An assistance grant under paragraph
\n(1) shall be provided on the condition that non-Federal
\nsources provide the remainder of eligible project costs, as determined
\nby the Administrator.
\n(4) ADMINISTRATIVE COSTS.\u2014Administrative costs shall not
\nexceed 10 percent of the annual grant award.
\n(e) IMPLEMENTATION AND MONITORING GRANTS.\u2014
\n(1) IN GENERAL.\u2014If a signatory jurisdiction has approved
\nand committed to implement all or substantially all aspects of
\nthe Chesapeake Bay Agreement, on the request of the chief executive
\nof the jurisdiction, the Administrator\u2014
\n(A) shall make a grant to the jurisdiction for the purpose
\nof implementing the management mechanisms established
\nunder the Chesapeake Bay Agreement, subject to
\nsuch terms and conditions as the Administrator considers
\nappropriate; and
\n(B) may make a grant to a signatory jurisdiction for
\nthe purpose of monitoring the Chesapeake Bay ecosystem.
\n(2) PROPOSALS.\u2014
\n(A) IN GENERAL.\u2014A signatory jurisdiction described in
\nparagraph (1) may apply for a grant under this subsection
\nfor a fiscal year by submitting to the Administrator a comprehensive
\nproposal to implement management mechanisms
\nestablished under the Chesapeake Bay Agreement.
\n(B) CONTENTS.\u2014A proposal under subparagraph (A)
\nshall include\u2014
\n(i) a description of proposed management mechanisms
\nthat the jurisdiction commits to take within a
\nspecified time period, such as reducing or preventing
\npollution in the Chesapeake Bay and its watershed or
\nmeeting applicable water quality standards or established
\ngoals and objectives under the Chesapeake Bay
\nAgreement; and
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\n29 FEDERAL WATER POLLUTION CONTROL ACT Sec. 117
\n(ii) the estimated cost of the actions proposed to
\nbe taken during the fiscal year.
\n(3) APPROVAL.\u2014If the Administrator finds that the proposal
\nis consistent with the Chesapeake Bay Agreement and
\nthe national goals established under section 101(a), the Administrator
\nmay approve the proposal for an award.
\n(4) FEDERAL SHARE.\u2014The Federal share of a grant under
\nthis subsection shall not exceed 50 percent of the cost of implementing
\nthe management mechanisms during the fiscal year.
\n(5) NON-FEDERAL SHARE.\u2014A grant under this subsection
\nshall be made on the condition that non-Federal sources provide
\nthe remainder of the costs of implementing the management
\nmechanisms during the fiscal year.
\n(6) ADMINISTRATIVE COSTS.\u2014Administrative costs shall not
\nexceed 10 percent of the annual grant award.
\n(7) REPORTING.\u2014On or before October 1 of each fiscal year,
\nthe Administrator shall make available to the public a document
\nthat lists and describes, in the greatest practicable degree
\nof detail\u2014
\n(A) all projects and activities funded for the fiscal
\nyear;
\n(B) the goals and objectives of projects funded for the
\nprevious fiscal year; and
\n(C) the net benefits of projects funded for previous fiscal
\nyears.
\n(f) FEDERAL FACILITIES AND BUDGET COORDINATION.\u2014
\n(1) SUBWATERSHED PLANNING AND RESTORATION.\u2014A Federal
\nagency that owns or operates a facility (as defined by the
\nAdministrator) within the Chesapeake Bay watershed shall
\nparticipate in regional and subwatershed planning and restoration
\nprograms.
\n(2) COMPLIANCE WITH AGREEMENT.\u2014The head of each Federal
\nagency that owns or occupies real property in the Chesapeake
\nBay watershed shall ensure that the property, and actions
\ntaken by the agency with respect to the property, comply
\nwith the Chesapeake Bay Agreement, the Federal Agencies
\nChesapeake Ecosystem Unified Plan, and any subsequent
\nagreements and plans.
\n(3) BUDGET COORDINATION.\u2014
\n(A) IN GENERAL.\u2014As part of the annual budget submission
\nof each Federal agency with projects or grants related
\nto restoration, planning, monitoring, or scientific investigation
\nof the Chesapeake Bay ecosystem, the head of
\nthe agency shall submit to the President a report that describes
\nplans for the expenditure of the funds under this
\nsection.
\n(B) DISCLOSURE TO THE COUNCIL.\u2014The head of each
\nagency referred to in subparagraph (A) shall disclose the
\nreport under that subparagraph with the Chesapeake Executive
\nCouncil as appropriate.
\n(g) CHESAPEAKE BAY PROGRAM.\u2014
\n(1) MANAGEMENT STRATEGIES.\u2014The Administrator, in coordination
\nwith other members of the Chesapeake Executive
\nCouncil, shall ensure that management plans are developed
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\nSec. 117 FEDERAL WATER POLLUTION CONTROL ACT 30
\nand implementation is begun by signatories to the Chesapeake
\nBay Agreement to achieve and maintain\u2014
\n(A) the nutrient goals of the Chesapeake Bay Agreement
\nfor the quantity of nitrogen and phosphorus entering
\nthe Chesapeake Bay and its watershed;
\n(B) the water quality requirements necessary to restore
\nliving resources in the Chesapeake Bay ecosystem;
\n(C) the Chesapeake Bay Basinwide Toxins Reduction
\nand Prevention Strategy goal of reducing or eliminating
\nthe input of chemical contaminants from all controllable
\nsources to levels that result in no toxic or bioaccumulative
\nimpact on the living resources of the Chesapeake Bay ecosystem
\nor on human health;
\n(D) habitat restoration, protection, creation, and enhancement
\ngoals established by Chesapeake Bay Agreement
\nsignatories for wetlands, riparian forests, and other
\ntypes of habitat associated with the Chesapeake Bay ecosystem;
\nand
\n(E) the restoration, protection, creation, and enhancement
\ngoals established by the Chesapeake Bay Agreement
\nsignatories for living resources associated with the Chesapeake
\nBay ecosystem.
\n(2) SMALL WATERSHED GRANTS PROGRAM.\u2014The Administrator,
\nin cooperation with the Chesapeake Executive Council,
\nshall\u2014
\n(A) establish a small watershed grants program as
\npart of the Chesapeake Bay Program; and
\n(B) offer technical assistance and assistance grants
\nunder subsection (d) to local governments and nonprofit organizations
\nand individuals in the Chesapeake Bay region
\nto implement\u2014
\n(i) cooperative tributary basin strategies that address
\nthe water quality and living resource needs in
\nthe Chesapeake Bay ecosystem; and
\n(ii) locally based protection and restoration programs
\nor projects within a watershed that complement
\nthe tributary basin strategies, including the creation,
\nrestoration, protection, or enhancement of habitat associated
\nwith the Chesapeake Bay ecosystem.
\n(h) STUDY OF CHESAPEAKE BAY PROGRAM.\u2014
\n(1) IN GENERAL.\u2014Not later than April 22, 2003, and every
\n5 years thereafter, the Administrator, in coordination with the
\nChesapeake Executive Council, shall complete a study and submit
\nto Congress a comprehensive report on the results of the
\nstudy.
\n(2) REQUIREMENTS.\u2014The study and report shall\u2014
\n(A) assess the state of the Chesapeake Bay ecosystem;
\n(B) compare the current state of the Chesapeake Bay
\necosystem with its state in 1975, 1985, and 1995;
\n(C) assess the effectiveness of management strategies
\nbeing implemented on the date of enactment of this section
\nand the extent to which the priority needs are being met;
\n(D) make recommendations for the improved management
\nof the Chesapeake Bay Program either by strength-
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\n31 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
\nening strategies being implemented on the date of enactment
\nof this section or by adopting new strategies; and
\n(E) be presented in such a format as to be readily
\ntransferable to and usable by other watershed restoration
\nprograms.
\n(i) SPECIAL STUDY OF LIVING RESOURCE RESPONSE.\u2014
\n(1) IN GENERAL.\u2014Not later than 180 days after the date of
\nenactment of this section, the Administrator shall commence a
\n5-year special study with full participation of the scientific
\ncommunity of the Chesapeake Bay to establish and expand understanding
\nof the response of the living resources of the
\nChesapeake Bay ecosystem to improvements in water quality
\nthat have resulted from investments made through the Chesapeake
\nBay Program.
\n(2) REQUIREMENTS.\u2014The study shall\u2014
\n(A) determine the current status and trends of living
\nresources, including grasses, benthos, phytoplankton,
\nzooplankton, fish, and shellfish;
\n(B) establish to the extent practicable the rates of recovery
\nof the living resources in response to improved
\nwater quality condition;
\n(C) evaluate and assess interactions of species, with
\nparticular attention to the impact of changes within and
\namong trophic levels; and
\n(D) recommend management actions to optimize the
\nreturn of a healthy and balanced ecosystem in response to
\nimprovements in the quality and character of the waters
\nof the Chesapeake Bay.
\n(j) AUTHORIZATION OF APPROPRIATIONS.\u2014There is authorized to
\nbe appropriated to carry out this section $40,000,000 for each of fiscal
\nyears 2001 through 2005. Such sums shall remain available
\nuntil expended.
\n(33 U.S.C. 1267)
\nSEC. 118. GREAT LAKES.
\n(a) FINDINGS, PURPOSE, AND DEFINITIONS.\u2014
\n(1) FINDINGS.\u2014The Congress finds that\u2014
\n(A) the Great Lakes are a valuable national resource,
\ncontinuously serving the people of the United States and
\nother nations as an important source of food, fresh water,
\nrecreation, beauty, and enjoyment;
\n(B) the United States should seek to attain the goals
\nembodied in the Great Lakes Water Quality Agreement of
\n1978, as amended by the Water Quality Agreement of
\n1987 and any other agreements and amendments, with
\nparticular emphasis on goals related to toxic pollutants;
\nand
\n(C) the Environmental Protection Agency should take
\nthe lead in the effort to meet those goals, working with
\nother Federal agencies and State and local authorities.
\n(2) PURPOSE.\u2014It is the purpose of this section to achieve
\nthe goals embodied in the Great Lakes Water Quality Agreement
\nof 1978, as amended by the Water Quality Agreement of
\n1987 and any other agreements and amendments, through im-
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\nSec. 118 FEDERAL WATER POLLUTION CONTROL ACT 32
\nproved organization and definition of mission on the part of the
\nAgency, funding of State grants for pollution control in the
\nGreat Lakes area, and improved accountability for implementation
\nof such agreement.
\n(3) DEFINITIONS.\u2014For purposes of this section, the term\u2014
\n(A) \u2018\u2018Agency\u2019\u2019 means the Environmental Protection
\nAgency;
\n(B) \u2018\u2018Great Lakes\u2019\u2019 means Lake Ontario, Lake Erie,
\nLake Huron (including Lake St. Clair), Lake Michigan,
\nand Lake Superior, and the connecting channels (Saint
\nMary\u2019s River, Saint Clair River, Detroit River, Niagara
\nRiver, and Saint Lawrence River to the Canadian Border);
\n(C) \u2018\u2018Great Lakes System\u2019\u2019 means all the streams, rivers,
\nlakes, and other bodies of water within the drainage
\nbasin of the Great Lakes;
\n(D) \u2018\u2018Program Office\u2019\u2019 means the Great Lakes National
\nProgram Office established by this section;
\n(E) \u2018\u2018Research Office\u2019\u2019 means the Great Lakes Research
\nOffice established by subsection (d);
\n(F) \u2018\u2018area of concern\u2019\u2019 means a geographic area located
\nwithin the Great Lakes, in which beneficial uses are impaired
\nand which has been officially designated as such
\nunder Annex 2 of the Great Lakes Water Quality Agreement;
\n(G) \u2018\u2018Great Lakes States\u2019\u2019 means the States of Illinois,
\nIndiana, Michigan, Minnesota, New York, Ohio, Pennsylvania,
\nand Wisconsin;
\n(H) \u2018\u2018Great Lakes Water Quality Agreement\u2019\u2019 means
\nthe bilateral agreement, between the United States and
\nCanada which was signed in 1978 and amended by the
\nProtocol of 1987;
\n(I) \u2018\u2018Lakewide Management Plan\u2019\u2019 means a written document
\nwhich embodies a systematic and comprehensive
\necosystem approach to restoring and protecting the beneficial
\nuses of the open waters of each of the Great Lakes,
\nin accordance with article VI and Annex 2 of the Great
\nLakes Water Quality Agreement; and
\n(J) \u2018\u2018Remedial Action Plan\u2019\u2019 means a written document
\nwhich embodies a systematic and comprehensive ecosystem
\napproach to restoring and protecting the beneficial
\nuses of areas of concern, in accordance with article VI and
\nAnnex 2 of the Great Lakes Water Quality Agreement.
\n(b) GREAT LAKES NATIONAL PROGRAM OFFICE.\u2014The Great
\nLakes National Program Office (previously established by the Administrator)
\nis hereby established within the Agency. The Program
\nOffice shall be headed by a Director who, by reason of management
\nexperience and technical expertise relating to the Great Lakes, is
\nhighly qualified to direct the development of programs and plans
\non a variety of Great Lakes issues. The Great Lakes National Program
\nOffice shall be located in a Great Lakes State.
\n(c) GREAT LAKES MANAGEMENT.\u2014
\n(1) FUNCTIONS.\u2014The Program Office shall\u2014
\n(A) in cooperation with appropriate Federal, State,
\ntribal, and international agencies, and in accordance with
\nQ:\\COMP\\WATER2\\CLEANWAT.001
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\n33 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
\n1 See P.L. 100\u2013688, section 1008.
\nsection 101(e) of this Act, develop and implement specific
\naction plans to carry out the responsibilities of the United
\nStates under the Great Lakes Water Quality Agreement of
\n1978, as amended by the Water Quality Agreement of
\n1987 and any other agreements and amendments,;1
\n(B) establish a Great Lakes system-wide surveillance
\nnetwork to monitor the water quality of the Great Lakes,
\nwith specific emphasis on the monitoring of toxic pollutants;
\n(C) serve as the liaison with, and provide information
\nto, the Canadian members of the International Joint Commission
\nand the Canadian counterpart to the Agency;
\n(D) coordinate actions of the Agency (including actions
\nby headquarters and regional offices thereof) aimed at improving
\nGreat Lakes water quality; and
\n(E) coordinate actions of the Agency with the actions
\nof other Federal agencies and State and local authorities,
\nso as to ensure the input of those agencies and authorities
\nin developing water quality strategies and obtain the support
\nof those agencies and authorities in achieving the objectives
\nof such agreement.
\n(2) GREAT LAKES WATER QUALITY GUIDANCE.\u2014
\n(A) By June 30, 1991, the Administrator, after consultation
\nwith the Program Office, shall publish in the
\nFederal Register for public notice and comment proposed
\nwater quality guidance for the Great Lakes System. Such
\nguidance shall conform with the objectives and provisions
\nof the Great Lakes Water Quality Agreement, shall be no
\nless restrictive than the provisions of this Act and national
\nwater quality criteria and guidance, shall specify numerical
\nlimits on pollutants in ambient Great Lakes waters to
\nprotect human health, aquatic life, and wildlife, and shall
\nprovide guidance to the Great Lakes States on minimum
\nwater quality standards, antidegradation policies, and implementation
\nprocedures for the Great Lakes System.
\n(B) By June 30, 1992, the Administrator, in consultation
\nwith the Program Office, shall publish in the Federal
\nRegister, pursuant to this section and the Administrator\u2019s
\nauthority under this chapter, final water quality guidance
\nfor the Great Lakes System.
\n(C) Within two years after such Great Lakes guidance
\nis published, the Great Lakes States shall adopt water
\nquality standards, antidegradation policies, and implementation
\nprocedures for waters within the Great Lakes System
\nwhich are consistent with such guidance. If a Great
\nLakes State fails to adopt such standards, policies, and
\nprocedures, the Administrator shall promulgate them not
\nlater than the end of such two-year period. When reviewing
\nany Great Lakes State\u2019s water quality plan, the agency
\nshall consider the extent to which the State has complied
\nwith the Great Lakes guidance issued pursuant to this section.
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\nSec. 118 FEDERAL WATER POLLUTION CONTROL ACT 34
\n(3) REMEDIAL ACTION PLANS.\u2014
\n(A) For each area of concern for which the United
\nStates has agreed to draft a Remedial Action Plan, the
\nProgram Office shall ensure that the Great Lakes State in
\nwhich such area of concern is located\u2014
\n(i) submits a Remedial Action Plan to the Program
\nOffice by June 30, 1991;
\n(ii) submits such Remedial Action Plan to the
\nInternational Joint Commission by January 1, 1992;
\nand
\n(iii) includes such Remedial Action Plans within
\nthe State\u2019s water quality plan by January 1, 1993.
\n(B) For each area of concern for which Canada has
\nagreed to draft a Remedial Action Plan, the Program Office
\nshall, pursuant to subparagraph (c)(1)(C) of this section,
\nwork with Canada to assure the submission of such
\nRemedial Action Plans to the International Joint Commission
\nby June 30, 1991, and to finalize such Remedial Action
\nPlans by January 1, 1993.
\n(C) For any area of concern designated as such subsequent
\nto the enactment of this Act, the Program Office
\nshall (i) if the United States has agreed to draft the Remedial
\nAction Plan, ensure that the Great Lakes State in
\nwhich such area of concern is located submits such Plan to
\nthe Program Office within two years of the area\u2019s designation,
\nsubmits it to the International Joint Commission no
\nlater than six months after submitting it to the Program
\nOffice, and includes such Plan in the State\u2019s water quality
\nplan no later than one year after submitting it to the Commission;
\nand (ii) if Canada has agreed to draft the Remedial
\nAction Plan, work with Canada, pursuant to subparagraph
\n(c)(1)(C) of this section, to ensure the submission of
\nsuch Plan to the International Joint Commission within
\ntwo years of the area\u2019s designation and the finalization of
\nsuch Plan no later than eighteen months after submitting
\nit to such Commission.
\n(D) The Program Office shall compile formal comments
\non individual Remedial Action Plans made by the International
\nJoint Commission pursuant to section 4(d) of
\nAnnex 2 of the Great Lakes Water Quality Agreement and,
\nupon request by a member of the public, shall make such
\ncomments available for inspection and copying. The Program
\nOffice shall also make available, upon request, formal
\ncomments made by the Environmental Protection
\nAgency on individual Remedial Action Plans.
\n(E) REPORT.\u2014Not later than 1 year after the date of
\nenactment of this subparagraph, the Administrator shall
\nsubmit to Congress a report on such actions, time periods,
\nand resources as are necessary to fulfill the duties of the
\nAgency relating to oversight of Remedial Action Plans
\nunder\u2014
\n(i) this paragraph; and
\n(ii) the Great Lakes Water Quality Agreement.
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\n35 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
\n(4) LAKEWIDE MANAGEMENT PLANS.\u2014The Administrator, in
\nconsultation with the Program Office shall\u2014
\n(A) by January 1, 1992, publish in the Federal Register
\na proposed Lakewide Management Plan for Lake
\nMichigan and solicit public comments;
\n(B) by January 1, 1993, submit a proposed Lakewide
\nManagement Plan for Lake Michigan to the International
\nJoint Commission for review; and
\n(C) by January 1, 1994, publish in the Federal Register
\na final Lakewide Management Plan for Lake Michigan
\nand begin implementation.
\nNothing in this subparagraph shall preclude the simultaneous development
\nof Lakewide Management Plans for the other Great
\nLakes.
\n(5) SPILLS OF OIL AND HAZARDOUS MATERIALS.\u2014The Program
\nOffice, in consultation with the Coast Guard, shall identify
\nareas within the Great Lakes which are likely to experience
\nnumerous or voluminous spills of oil or other hazardous
\nmaterials from land based facilities, vessels, or other sources
\nand, in consultation with the Great Lakes States, shall identify
\nweaknesses in Federal and State programs and systems to prevent
\nand respond to such spills. This information shall be included
\non at least a biennial basis in the report required by
\nthis section.
\n(6) 5-YEAR PLAN AND PROGRAM.\u2014The Program Office shall
\ndevelop, in consultation with the States, a five-year plan and
\nprogram for reducing the amount of nutrients introduced into
\nthe Great Lakes. Such program shall incorporate any management
\nprogram for reducing nutrient runoff from nonpoint
\nsources established under section 319 of this Act and shall include
\na program for monitoring nutrient runoff into, and ambient
\nlevels in, the Great Lakes.
\n(7) 5-YEAR STUDY AND DEMONSTRATION PROJECTS.\u2014(A) The
\nProgram Office shall carry out a five-year study and demonstration
\nprojects relating to the control and removal of toxic
\npollutants in the Great Lakes, with emphasis on the removal
\nof toxic pollutants from bottom sediments. In selecting locations
\nfor conducting demonstration projects under this paragraph,
\npriority consideration shall be given to projects at the
\nfollowing locations: Saginaw Bay, Michigan; Sheboygan Harbor,
\nWisconsin; Grand Calumet River, Indiana; Ashtabula
\nRiver, Ohio; and Buffalo River, New York.
\n(B) The Program Office shall\u2014
\n(i) by December 31, 1990, complete chemical,
\nphysical, and biological assessments of the contaminated
\nsediments at the locations selected for the study
\nand demonstration projects;
\n(ii) by December 31, 1990, announce the technologies
\nthat will be demonstrated at each location
\nand the numerical standard of protection intended to
\nbe achieved at each location;
\n(iii) by December 31, 1992, complete full or pilot
\nscale demonstration projects on site at each location of
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\nSec. 118 FEDERAL WATER POLLUTION CONTROL ACT 36
\npromising technologies to remedy contaminated sediments;
\nand
\n(iv) by December 31, 1993, issue a final report to
\nCongress on its findings.
\n(C) The Administrator, after providing for public review
\nand comment, shall publish information concerning
\nthe public health and environmental consequences of contaminants
\nin Great Lakes sediment. Information published
\npursuant to this subparagraph shall include specific numerical
\nlimits to protect health, aquatic life, and wildlife
\nfrom the bioaccumulation of toxins. The Administrator
\nshall, at a minimum, publish information pursuant to this
\nsubparagraph within 2 years of the date of the enactment
\nof this title.
\n(8) ADMINISTRATOR\u2019S RESPONSIBILITY.\u2014The Administrator
\nshall ensure that the Program Office enters into agreements
\nwith the various organizational elements of the Agency involved
\nin Great Lakes activities and the appropriate State
\nagencies specifically delineating\u2014
\n(A) the duties and responsibilities of each such element
\nin the Agency with respect to the Great Lakes;
\n(B) the time periods for carrying out such duties and
\nresponsibilities; and
\n(C) the resources to be committed to such duties and
\nresponsibilities.
\n(9) BUDGET ITEM.\u2014The Administrator shall, in the Agency\u2019s
\nannual budget submission to Congress, include a funding
\nrequest for the Program Office as a separate budget line item.
\n(10) COMPREHENSIVE REPORT.\u2014Within 90 days after the
\nend of each fiscal year, the Administrator shall submit to Congress
\na comprehensive report which\u2014
\n(A) describes the achievements in the preceding fiscal
\nyear in implementing the Great Lakes Water Quality
\nAgreement of 1978 and shows by categories (including judicial
\nenforcement, research, State cooperative efforts, and
\ngeneral administration) the amounts expended on Great
\nLakes water quality initiatives in such preceding fiscal
\nyear;
\n(B) describes the progress made in such preceding fiscal
\nyear in implementing the system of surveillance of the
\nwater quality in the Great Lakes System, including the
\nmonitoring of groundwater and sediment, with particular
\nreference to toxic pollutants;
\n(C) describes the long-term prospects for improving
\nthe condition of the Great Lakes; and
\n(D) provides a comprehensive assessment of the
\nplanned efforts to be pursued in the succeeding fiscal year
\nfor implementing the Great Lakes Water Quality Agreement
\nof 1978, which assessment shall\u2014
\n(i) show by categories (including judicial enforcement,
\nresearch, State cooperative efforts, and general
\nadministration) the amount anticipated to be expended
\non Great Lakes water quality initiatives in the
\nfiscal year to which the assessment relates; and
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\n37 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
\n(ii) include a report of current programs administered
\nby other Federal agencies which make available
\nresources to the Great Lakes water quality management
\nefforts.
\n(11) CONFINED DISPOSAL FACILITIES.\u2014(A) The Administrator,
\nin consultation with the Assistant Secretary of the
\nArmy for Civil Works, shall develop and implement, within one
\nyear of the date of enactment of this paragraph, management
\nplans for every Great Lakes confined disposal facility.
\n(B) The plan shall provide for monitoring of such facilities,
\nincluding\u2014
\n(i) water quality at the site and in the area of the site;
\n(ii) sediment quality at the site and in the area of the
\nsite;
\n(iii) the diversity, productivity, and stability of aquatic
\norganisms at the site and in the area of the site; and
\n(iv) such other conditions as the Administrator deems
\nappropriate.
\n(C) The plan shall identify the anticipated use and management
\nof the site over the following twenty-year period including
\nthe expected termination of dumping at the site, the
\nanticipated need for site management, including pollution control,
\nfollowing the termination of the use of the site.
\n(D) The plan shall identify a schedule for review and revision
\nof the plan which shall not be less frequent than five
\nyears after adoption of the plan and every five years thereafter.
\n(12) REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS
\nOF CONCERN.\u2014
\n(A) IN GENERAL.\u2014In accordance with this paragraph,
\nthe Administrator, acting through the Program Office, may
\ncarry out projects that meet the requirements of subparagraph
\n(B).
\n(B) ELIGIBLE PROJECTS.\u2014A project meets the requirements
\nof this subparagraph if the project is to be carried
\nout in an area of concern located wholly or partially in the
\nUnited States and the project\u2014
\n(i) monitors or evaluates contaminated sediment;
\n(ii) subject to subparagraph (D), implements a
\nplan to remediate contaminated sediment; or
\n(iii) prevents further or renewed contamination of
\nsediment.
\n(C) PRIORITY.\u2014In selecting projects to carry out under
\nthis paragraph, the Administrator shall give priority to a
\nproject that\u2014
\n(i) constitutes remedial action for contaminated
\nsediment;
\n(ii)(I) has been identified in a Remedial Action
\nPlan submitted under paragraph (3); and
\n(II) is ready to be implemented;
\n(iii) will use an innovative approach, technology,
\nor technique that may provide greater environmental
\nbenefits, or equivalent environmental benefits at a reduced
\ncost; or
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\nSec. 118 FEDERAL WATER POLLUTION CONTROL ACT 38
\n(iv) includes remediation to be commenced not
\nlater than 1 year after the date of receipt of funds for
\nthe project.
\n(D) LIMITATION.\u2014The Administrator may not carry
\nout a project under this paragraph for remediation of contaminated
\nsediments located in an area of concern\u2014
\n(i) if an evaluation of remedial alternatives for the
\narea of concern has not been conducted, including a review
\nof the short-term and long-term effects of the alternatives
\non human health and the environment; or
\n(ii) if the Administrator determines that the area
\nof concern is likely to suffer significant further or renewed
\ncontamination from existing sources of pollutants
\ncausing sediment contamination following completion
\nof the project.
\n(E) NON-FEDERAL SHARE.\u2014
\n(i) IN GENERAL.\u2014The non-Federal share of the
\ncost of a project carried out under this paragraph shall
\nbe at least 35 percent.
\n(ii) IN-KIND CONTRIBUTIONS.\u2014The non-Federal
\nshare of the cost of a project carried out under this
\nparagraph may include the value of in-kind services
\ncontributed by a non-Federal sponsor.
\n(iii) NON-FEDERAL SHARE.\u2014The non-Federal share
\nof the cost of a project carried out under this
\nparagraph\u2014
\n(I) may include monies paid pursuant to, or
\nthe value of any in-kind service performed under,
\nan administrative order on consent or judicial consent
\ndecree; but
\n(II) may not include any funds paid pursuant
\nto, or the value of any in-kind service performed
\nunder, a unilateral administrative order or court
\norder.
\n(iv) OPERATION AND MAINTENANCE.\u2014The non-Federal
\nshare of the cost of the operation and maintenance
\nof a project carried out under this paragraph
\nshall be 100 percent.
\n(F) MAINTENANCE OF EFFORT.\u2014The Administrator
\nmay not carry out a project under this paragraph unless
\nthe non-Federal sponsor enters into such agreements with
\nthe Administrator as the Administrator may require to ensure
\nthat the non-Federal sponsor will maintain its aggregate
\nexpenditures from all other sources for remediation
\nprograms in the area of concern in which the project is located
\nat or above the average level of such expenditures in
\nthe 2 fiscal years preceding the date on which the project
\nis initiated.
\n(G) COORDINATION.\u2014In carrying out projects under
\nthis paragraph, the Administrator shall coordinate with
\nthe Secretary of the Army, and with the Governors of
\nStates in which the projects are located, to ensure that
\nFederal and State assistance for remediation in areas of
\nconcern is used as efficiently as practicable.
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\n39 FEDERAL WATER POLLUTION CONTROL ACT Sec. 118
\n(H) AUTHORIZATION OF APPROPRIATIONS.\u2014
\n(i) IN GENERAL.\u2014In addition to other amounts authorized
\nunder this section, there is authorized to be
\nappropriated to carry out this paragraph $50,000,000
\nfor each of fiscal years 2004 through 2008.
\n(ii) AVAILABILITY.\u2014Funds made available under
\nclause (i) shall remain available until expended.
\n(13) PUBLIC INFORMATION PROGRAM.\u2014
\n(A) IN GENERAL.\u2014The Administrator, acting through
\nthe Program Office and in coordination with States, Indian
\ntribes, local governments, and other entities, may carry
\nout a public information program to provide information
\nrelating to the remediation of contaminated sediment to
\nthe public in areas of concern that are located wholly or
\npartially in the United States.
\n(B) AUTHORIZATION OF APPROPRIATIONS.\u2014There is authorized
\nto be appropriated to carry out this paragraph
\n$1,000,000 for each of fiscal years 2004 through 2008.
\n(d) GREAT LAKES RESEARCH.\u2014
\n(1) ESTABLISHMENT OF RESEARCH OFFICE.\u2014There is established
\nwithin the National Oceanic and Atmospheric Administration
\nthe Great Lakes Research Office.
\n(2) IDENTIFICATION OF ISSUES.\u2014The Research Office shall
\nidentify issues relating to the Great Lakes resources on which
\nresearch is needed. The Research Office shall submit a report
\nto Congress on such issues before the end of each fiscal year
\nwhich shall identify any changes in the Great Lakes system
\nwith respect to such issues.
\n(3) INVENTORY.\u2014The Research Office shall identify and inventory,
\nFederal, State, university, and tribal environmental
\nresearch programs (and, to the extent feasible, those of private
\norganizations and other nations) relating to the Great Lakes
\nsystem, and shall update that inventory every four years.
\n(4) RESEARCH EXCHANGE.\u2014The Research Office shall establish
\na Great Lakes research exchange for the purpose of facilitating
\nthe rapid identification, acquisition, retrieval, dissemination,
\nand use of information concerning research
\nprojects which are ongoing or completed and which affect the
\nGreat Lakes system.
\n(5) RESEARCH PROGRAM.\u2014The Research Office shall develop,
\nin cooperation with the Coordination Office, a comprehensive
\nenvironmental research program and data base for
\nthe Great Lakes system. The data base shall include, but not
\nbe limited to, data relating to water quality, fisheries, and
\nbiota.
\n(6) MONITORING.\u2014The Research Office shall conduct,
\nthrough the Great Lakes Environmental Research Laboratory,
\nthe National Sea Grant College program, other Federal laboratories,
\nand the private sector, appropriate research and monitoring
\nactivities which address priority issues and current
\nneeds relating to the Great Lakes.
\n(7) LOCATION.\u2014The Research Office shall be located in a
\nGreat Lakes State.
\n(e) RESEARCH AND MANAGEMENT COORDINATION.\u2014
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\nSec. 118 FEDERAL WATER POLLUTION CONTROL ACT 40
\n(1) JOINT PLAN.\u2014Before October 1 of each year, the Program
\nOffice and the Research Office shall prepare a joint research
\nplan for the fiscal year which begins in the following
\ncalendar year.
\n(2) CONTENTS OF PLAN.\u2014Each plan prepared under paragraph
\n(1) shall\u2014
\n(A) identify all proposed research dedicated to activities
\nconducted under the Great Lakes Water Quality
\nAgreement of 1978;
\n(B) include the Agency\u2019s assessment of priorities for
\nresearch needed to fulfill the terms of such Agreement;
\nand
\n(C) identify all proposed research that may be used to
\ndevelop a comprehensive environmental data base for the
\nGreat Lakes system and establish priorities for development
\nof such data base.
\n(3) HEALTH RESEARCH REPORT.\u2014(A) Not later than September
\n30, 1994, the Program Office, in consultation with the
\nResearch Office, the Agency for Toxic Substances and Disease
\nRegistry, and Great Lakes States shall submit to the Congress
\na report assessing the adverse effects of water pollutants in the
\nGreat Lakes System on the health of persons in Great Lakes
\nStates and the health of fish, shellfish, and wildlife in the
\nGreat Lakes System. In conducting research in support of this
\nreport, the Administrator may, where appropriate, provide for
\nresearch to be conducted under cooperative agreements with
\nGreat Lakes States.
\n(B) There is authorized to be appropriated to the Administrator
\nto carry out this section not to exceed $3,000,000 for
\neach of fiscal years 1992, 1993, and 1994.
\n(f) INTERAGENCY COOPERATION.\u2014The head of each department,
\nagency, or other instrumentality of the Federal Government which
\nis engaged in, is concerned with, or has authority over programs
\nrelating to research, monitoring, and planning to maintain, enhance,
\npreserve, or rehabilitate the environmental quality and natural
\nresources of the Great Lakes, including the Chief of Engineers
\nof the Army, the Chief of the Soil Conservation Service, the Commandant
\nof the Coast Guard, the Director of the Fish and Wildlife
\nService, and the Administrator of the National Oceanic and Atmospheric
\nAdministration, shall submit an annual report to the Administrator
\nwith respect to the activities of that agency or office affecting
\ncompliance with the Great Lakes Water Quality Agreement
\nof 1978.
\n(g) RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND
\nINTERNATIONAL TREATIES.\u2014Nothing in this section shall be
\nconstrued\u2014
\n(1) to affect the jurisdiction, powers, or prerogatives of any
\ndepartment, agency, or officer of the Federal Government or of
\nany State government, or of any tribe, nor any powers, jurisdiction,
\nor prerogatives of any international body created by
\ntreaty with authority relating to the Great Lakes; or
\n(2) to affect any other Federal or State authority that is
\nbeing used or may be used to facilitate the cleanup and protection
\nof the Great Lakes.
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\n41 FEDERAL WATER POLLUTION CONTROL ACT Sec. 119
\n(h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS.\u2014There
\nare authorized to be appropriated to the Administrator to carry out
\nthis section not to exceed\u2014
\n(1) $11,000,000 per fiscal year for the fiscal years 1987,
\n1988, 1989, and 1990, and $25,000,000 for fiscal year 1991;
\n(2) such sums as are necessary for each of fiscal years
\n1992 through 2003; and
\n(3) $25,000,000 for each of fiscal years 2004 through 2008.
\n(33 U.S.C. 1268)
\nSEC. 119. LONG ISLAND SOUND.\u2014(a) The Administrator shall
\ncontinue the Management Conference of the Long Island Sound
\nStudy (hereinafter referred to as the \u2018\u2018Conference\u2019\u2019) as established
\npursuant to section 320 of this Act, and shall establish an office
\n(hereinafter referred to as the \u2018\u2018Office\u2019\u2019) to be located on or near
\nLong Island Sound.
\n(b) ADMINISTRATION AND STAFFING OF OFFICE.\u2014The Office
\nshall be headed by a Director, who shall be detailed by the Administrator,
\nfollowing consultation with the Administrators of EPA regions
\nI and II, from among the employees of the Agency who are
\nin civil service. The Administrator shall delegate to the Director
\nsuch authority and detail such additional staff as may be necessary
\nto carry out the duties of the Director under this section.
\n(c) DUTIES OF THE OFFICE.\u2014The Office shall assist the Management
\nConference of the Long Island Sound Study in carrying
\nout its goals. Specifically, the Office shall\u2014
\n(1) assist and support the implementation of the Comprehensive
\nConservation and Management Plan for Long Island
\nSound developed pursuant to section 320 of this Act, including
\nefforts to establish, within the process for granting watershed
\ngeneral permits, a system for promoting innovative
\nmethodologies and technologies that are cost-effective and consistent
\nwith the goals of the Plan;
\n(2) conduct or commission studies deemed necessary for
\nstrengthened implementation of the Comprehensive Conservation
\nand Management Plan including, but not limited to\u2014
\n(A) population growth and the adequacy of wastewater
\ntreatment facilities,
\n(B) the use of biological methods for nutrient removal
\nin sewage treatment plants,
\n(C) contaminated sediments, and dredging activities,
\n(D) nonpoint source pollution abatement and land use
\nactivities in the Long Island Sound watershed,
\n(E) wetland protection and restoration,
\n(F) atmospheric deposition of acidic and other pollutants
\ninto Long Island Sound,
\n(G) water quality requirements to sustain fish, shellfish,
\nand wildlife populations, and the use of indicator species
\nto assess environmental quality,
\n(H) State water quality programs, for their adequacy
\npursuant to implementation of the Comprehensive Conservation
\nand Management Plan, and
\n(I) options for long-term financing of wastewater treatment
\nprojects and water pollution control programs.
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\nSec. 119 FEDERAL WATER POLLUTION CONTROL ACT 42
\n(3) coordinate the grant, research and planning programs
\nauthorized under this section;
\n(4) coordinate activities and implementation responsibilities
\nwith other Federal agencies which have jurisdiction over
\nLong Island Sound and with national and regional marine
\nmonitoring and research programs established pursuant to the
\nMarine Protection, Research, and Sanctuaries Act;
\n(5) provide administrative and technical support to the
\nconference;
\n(6) collect and make available to the public publications,
\nand other forms of information the conference determines to be
\nappropriate, relating to the environmental quality of Long Island
\nSound;
\n(7) not more than two years after the date of the issuance
\nof the final Comprehensive Conservation and Management
\nPlan for Long Island Sound under section 320 of this Act, and
\nbiennially thereafter, issue a report to the Congress which\u2014
\n(A) summarizes the progress made by the States in
\nimplementing the Comprehensive Conservation and Management
\nPlan;
\n(B) summarizes any modifications to the Comprehensive
\nConservation and Management Plan in the twelvemonth
\nperiod immediately preceding such report; and
\n(C) incorporates specific recommendations concerning
\nthe implementation of the Comprehensive Conservation
\nand Management Plan; and
\n(8) convene conferences and meetings for legislators from
\nState governments and political subdivisions thereof for the
\npurpose of making recommendations for coordinating legislative
\nefforts to facilitate the environmental restoration of Long
\nIsland Sound and the implementation of the Comprehensive
\nConservation and Management Plan.
\n(d) GRANTS.\u2014(1) The Administrator is authorized to make
\ngrants for projects and studies which will help implement the Long
\nIsland Sound Comprehensive Conservation and Management Plan.
\nSpecial emphasis shall be given to implementation, research and
\nplanning, enforcement, and citizen involvement and education.
\n(2) State, interstate, and regional water pollution control agencies,
\nand other public or nonprofit private agencies, institutions,
\nand organizations held to be eligible for grants pursuant to this
\nsubsection.
\n(3) Citizen involvement and citizen education grants under this
\nsubsection shall not exceed 95 per centum of the costs of such
\nwork. All other grants under this subsection shall not exceed 50
\nper centum of the research, studies, or work. All grants shall be
\nmade on the condition that the non-Federal share of such costs are
\nprovided from non-Federal sources.
\n(e) ASSISTANCE TO DISTRESSED COMMUNITIES.\u2014
\n(1) ELIGIBLE COMMUNITIES.\u2014For the purposes of this subsection,
\na distressed community is any community that meets
\naffordability criteria established by the State in which the community
\nis located, if such criteria are developed after public review
\nand comment.
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\n43 FEDERAL WATER POLLUTION CONTROL ACT Sec. 120
\n(2) PRIORITY.\u2014In making assistance available under this
\nsection for the upgrading of wastewater treatment facilities,
\nthe Administrator may give priority to a distressed community.
\n(f) AUTHORIZATIONS.\u2014(1) There is authorized to be appropriated
\nto the Administrator for the implementation of this section,
\nother than subsection (d), such sums as may be necessary for each
\nof the fiscal years 2001 through 2005.
\n(2) There is authorized to be appropriated to the Administrator
\nfor the implementation of subsection (d) not to exceed $40,000,000
\nfor each of fiscal years 2001 through 2005.
\n(33 U.S.C. 1269)
\nSEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.
\n(a) ESTABLISHMENT.\u2014
\n(1) IN GENERAL.\u2014There is established a Lake Champlain
\nManagement Conference to develop a comprehensive pollution
\nprevention, control, and restoration plan for Lake Champlain.
\nThe Administrator shall convene the management conference
\nwithin ninety days of the date of enactment of this section.
\n(2) IMPLEMENTATION.\u2014The Administrator\u2014
\n(A) may provide support to the State of Vermont, the
\nState of New York, and the New England Interstate Water
\nPollution Control Commission for the implementation of
\nthe Lake Champlain Basin Program; and
\n(B) shall coordinate actions of the Environmental Protection
\nAgency under subparagraph (A) with the actions of
\nother appropriate Federal agencies.
\n(b) MEMBERSHIP.\u2014The Members of the Management Conference
\nshall be comprised of\u2014
\n(1) the Governors of the States of Vermont and New York;
\n(2) each interested Federal agency, not to exceed a total of
\nfive members;
\n(3) the Vermont and New York Chairpersons of the
\nVermont, New York, Quebec Citizens Advisory Committee for
\nthe Environmental Management of Lake Champlain;
\n(4) four representatives of the State legislature of
\nVermont;
\n(5) four representatives of the State legislature of New
\nYork;
\n(6) six persons representing local governments having jurisdiction
\nover any land or water within the Lake Champlain
\nbasin, as determined appropriate by the Governors; and
\n(7) eight persons representing affected industries, nongovernmental
\norganizations, public and private educational institutions,
\nand the general public, as determined appropriate
\nby the trigovernmental Citizens Advisory Committee for the
\nEnvironmental Management of Lake Champlain, but not to be
\ncurrent members of the Citizens Advisory Committee.
\n(c) TECHNICAL ADVISORY COMMITTEE.\u2014(1) The Management
\nConference shall, not later than one hundred and twenty days after
\nthe date of enactment of this section, appoint a Technical Advisory
\nCommittee.
\n(2) Such Technical Advisory Committee shall consist of officials
\nof: appropriate departments and agencies of the Federal Govern-
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\nNovember 27, 2002
\nSec. 120 FEDERAL WATER POLLUTION CONTROL ACT 44
\nment; the State governments of New York and Vermont; and governments
\nof political subdivisions of such States; and public and
\nprivate research institutions.
\n(d) RESEARCH PROGRAM.\u2014The Management Conference shall
\nestablish a multi-disciplinary environmental research program for
\nLake Champlain. Such research program shall be planned and conducted
\njointly with the Lake Champlain Research Consortium.
\n(e) POLLUTION PREVENTION, CONTROL, AND RESTORATION
\nPLAN.\u2014(1) Not later than three years after the date of the enactment
\nof this section, the Management Conference shall publish a
\npollution prevention, control, and restoration plan for Lake Champlain.
\n(2) The Plan developed pursuant to this section shall\u2014
\n(A) identify corrective actions and compliance schedules
\naddressing point and nonpoint sources of pollution necessary to
\nrestore and maintain the chemical, physical, and biological integrity
\nof water quality, a balanced, indigenous population of
\nshellfish, fish and wildlife, recreational, and economic activities
\nin and on the lake;
\n(B) incorporate environmental management concepts and
\nprograms established in State and Federal plans and programs
\nin effect at the time of the development of such plan;
\n(C) clarify the duties of Federal and State agencies in pollution
\nprevention and control activities, and to the extent allowable
\nby law, suggest a timetable for adoption by the appropriate
\nFederal and State agencies to accomplish such duties
\nwithin a reasonable period of time;
\n(D) describe the methods and schedules for funding of programs,
\nactivities, and projects identified in the Plan, including
\nthe use of Federal funds and other sources of funds;
\n(E) include a strategy for pollution prevention and control
\nthat includes the promotion of pollution prevention and management
\npractices to reduce the amount of pollution generated
\nin the Lake Champlain basin; and
\n(F) be reviewed and revised, as necessary, at least once
\nevery 5 years, in consultation with the Administrator and
\nother appropriate Federal agencies.
\n(3) The Administrator, in cooperation with the Management
\nConference, shall provide for public review and comment on the
\ndraft Plan. At a minimum, the Management Conference shall conduct
\none public meeting to hear comments on the draft plan in the
\nState of New York and one such meeting in the State of Vermont.
\n(4) Not less than one hundred and twenty days after the publication
\nof the Plan required pursuant to this section, the Administrator
\nshall approve such plan if the plan meets the requirements
\nof this section and the Governors of the States of New York and
\nVermont concur.
\n(5) Upon approval of the plan, such plan shall be deemed to
\nbe an approved management program for the purposes of section
\n319(h) of this Act and such plan shall be deemed to be an approved
\ncomprehensive conservation and management plan pursuant to section
\n320 of this Act.
\n(f) GRANT ASSISTANCE.\u2014(1) The Administrator may, in consultation
\nwith participants in the Lake Champlain Basin Program,
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\n45 FEDERAL WATER POLLUTION CONTROL ACT Sec. 120
\nmake grants to State, interstate, and regional water pollution control
\nagencies, and public or nonprofit agencies, institutions, and organizations.
\n(2) Grants under this subsection shall be made for assisting research,
\nsurveys, studies, and modeling and technical and supporting
\nwork necessary for the development and implementation of
\nthe Plan.
\n(3) The amount of grants to any person under this subsection
\nfor a fiscal year shall not exceed 75 per centum of the costs of such
\nresearch, survey, study and work and shall be made available on
\nthe condition that non-Federal share of such costs are provided
\nfrom non-Federal sources.
\n(4) The Administrator may establish such requirements for the
\nadministration of grants as he determines to be appropriate.
\n(g) DEFINITIONS.\u2014In this section:
\n(1) LAKE CHAMPLAIN BASIN PROGRAM.\u2014The term \u2018\u2018Lake
\nChamplain Basin Program\u2019\u2019 means the coordinated efforts
\namong the Federal Government, State governments, and local
\ngovernments to implement the Plan.
\n(2) LAKE CHAMPLAIN DRAINAGE BASIN.\u2014The term \u2018\u2018Lake
\nChamplain drainage basin\u2019\u2019 means all or part of Clinton,
\nFranklin, Warren, Essex, and Washington counties in the
\nState of New York and all or part of Franklin, Hamilton,
\nGrand Isle, Chittenden, Addison, Rutland, Bennington,
\nLamoille, Orange, Washington, Orleans, and Caledonia counties
\nin Vermont, that contain all of the streams, rivers, lakes,
\nand other bodies of water, including wetlands, that drain into
\nLake Champlain.
\n(3) PLAN.\u2014The term \u2018\u2018Plan\u2019\u2019 means the plan developed
\nunder subsection (e).
\n(h) NO EFFECT ON CERTAIN AUTHORITY.\u2014Nothing in this
\nsection\u2014
\n(1) affects the jurisdiction or powers of\u2014
\n(A) any department or agency of the Federal Government
\nor any State government; or
\n(B) any international organization or entity related to
\nLake Champlain created by treaty or memorandum to
\nwhich the United States is a signatory;
\n(2) provides new regulatory authority for the Environmental
\nProtection Agency; or
\n(3) affects section 304 of the Great Lakes Critical Programs
\nAct of 1990 (Public Law 101\u2013596; 33 U.S.C. 1270 note).
\n(i) AUTHORIZATION.\u2014There are authorized to be appropriated
\nto the Environmental Protection Agency to carry out this section\u2014
\n(1) $2,000,000 for each of fiscal years 1991, 1992, 1993,
\n1994, and 1995;
\n(2) such sums as are necessary for each of fiscal years
\n1996 through 2003; and
\n(3) $11,000,000 for each of fiscal years 2004 through 2008.
\n(33 U.S.C. 1270)
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\nNovember 27, 2002
\nSec. 121 FEDERAL WATER POLLUTION CONTROL ACT 46
\nSEC. 121. LAKE PONTCHARTRAIN BASIN.
\n(a) ESTABLISHMENT OF RESTORATION PROGRAM.\u2014The Administrator
\nshall establish within the Environmental Protection Agency
\nthe Lake Pontchartrain Basin Restoration Program.
\n(b) PURPOSE.\u2014The purpose of the program shall be to restore
\nthe ecological health of the Basin by developing and funding restoration
\nprojects and related scientific and public education
\nprojects.
\n(c) DUTIES.\u2014In carrying out the program, the Administrator
\nshall\u2014
\n(1) provide administrative and technical assistance to a
\nmanagement conference convened for the Basin under section
\n320;
\n(2) assist and support the activities of the management
\nconference, including the implementation of recommendations
\nof the management conference;
\n(3) support environmental monitoring of the Basin and research
\nto provide necessary technical and scientific information;
\n(4) develop a comprehensive research plan to address the
\ntechnical needs of the program;
\n(5) coordinate the grant, research, and planning programs
\nauthorized under this section; and
\n(6) collect and make available to the public publications,
\nand other forms of information the management conference determines
\nto be appropriate, relating to the environmental quality
\nof the Basin.
\n(d) GRANTS.\u2014The Administrator may make grants\u2014
\n(1) for restoration projects and studies recommended by a
\nmanagement conference convened for the Basin under section
\n320; and
\n(2) for public education projects recommended by the management
\nconference.
\n(e) DEFINITIONS.\u2014In this section, the following definitions
\napply:
\n(1) BASIN.\u2014The term \u2018\u2018Basin\u2019\u2019 means the Lake Pontchartrain
\nBasin, a 5,000 square mile watershed encompassing
\n16 parishes in the State of Louisiana and 4 counties in the
\nState of Mississippi.
\n(2) PROGRAM.\u2014The term \u2018\u2018program\u2019\u2019 means the Lake Pontchartrain
\nBasin Restoration Program established under subsection
\n(a).
\n(f) AUTHORIZATION OF APPROPRIATIONS.\u2014
\n(1) IN GENERAL.\u2014There is authorized to be appropriated to
\ncarry out this section $20,000,000 for each of fiscal years 2001
\nthrough 2005. Such sums shall remain available until expended.
\n(2) PUBLIC EDUCATION PROJECTS.\u2014Not more than 15 percent
\nof the amount appropriated pursuant to paragraph (1) in
\na fiscal year may be expended on grants for public education
\nprojects under subsection (d)(2).
\n(33 U.S.C. 1273)
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\nNovember 27, 2002
\n47 FEDERAL WATER POLLUTION CONTROL ACT Sec. 201
\n1 The second section 121 was added by section 112(b) of the Miscellaneous Appropriations Act,
\n2001 (114 Stat. 2763A\u2013225), as enacted into law by section 1(a)(6) of Public Law 106\u2013554 (114
\nStat. 2763).
\nSEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.1
\n(a) IN GENERAL.\u2014The Administrator, in coordination with the
\nStates, may provide technical assistance and grants for treatment
\nworks to carry out pilot projects relating to the following areas of
\nwet weather discharge control:
\n(1) WATERSHED MANAGEMENT OF WET WEATHER DISCHARGES.\u2014
\nThe management of municipal combined sewer
\noverflows, sanitary sewer overflows, and stormwater discharges,
\non an integrated watershed or subwatershed basis for
\nthe purpose of demonstrating the effectiveness of a unified wet
\nweather approach.
\n(2) STORMWATER BEST MANAGEMENT PRACTICES.\u2014The control
\nof pollutants from municipal separate storm sewer systems
\nfor the purpose of demonstrating and determining controls that
\nare cost-effective and that use innovative technologies in reducing
\nsuch pollutants from stormwater discharges.
\n(b) ADMINISTRATION.\u2014The Administrator, in coordination with
\nthe States, shall provide municipalities participating in a pilot
\nproject under this section the ability to engage in innovative practices,
\nincluding the ability to unify separate wet weather control efforts
\nunder a single permit.
\n(c) FUNDING.\u2014
\n(1) IN GENERAL.\u2014There is authorized to be appropriated to
\ncarry out this section $10,000,000 for fiscal year 2002,
\n$15,000,000 for fiscal year 2003, and $20,000,000 for fiscal
\nyear 2004. Such funds shall remain available until expended.
\n(2) STORMWATER.\u2014The Administrator shall make available
\nnot less than 20 percent of amounts appropriated for a fiscal
\nyear pursuant to this subsection to carry out the purposes of
\nsubsection (a)(2).
\n(3) ADMINISTRATIVE EXPENSES.\u2014The Administrator may
\nretain not to exceed 4 percent of any amounts appropriated for
\na fiscal year pursuant to this subsection for the reasonable and
\nnecessary costs of administering this section.
\n(d) REPORT TO CONGRESS.\u2014Not later than 5 years after the
\ndate of enactment of this section, the Administrator shall transmit
\nto Congress a report on the results of the pilot projects conducted
\nunder this section and their possible application nationwide.
\n(33 U.S.C. 1274)
\nTITLE II\u2014GRANTS FOR CONSTRUCTION OF TREATMENT
\nWORKS
\nPURPOSE
\nSEC. 201. (a) It is the purpose of this title to require and to assist
\nthe development and implementation of waste treatment management
\nplans and practices which will achieve the goals of this
\nAct.
\n(b) Waste treatment management plans and practices shall
\nprovide for the application of the best practicable waste treatment
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\nSec. 201 FEDERAL WATER POLLUTION CONTROL ACT 48
\n1 So in original. Probably should be \u2018\u2018section\u2019\u2019.
\ntechnology before any discharge into receiving waters, including reclaiming
\nand recycling of water, and confined disposal of pollutants
\nso they will not migrate to cause water or other environmental pollution
\nand shall provide for consideration of advanced waste treatment
\ntechniques.
\n(c) To the extent practicable, waste treatment management
\nshall be on an areawide basis and provide control or treatment of
\nall point and nonpoint sources of pollution, including in place or accumulated
\npollution sources.
\n(d) The Administrator shall encourage waste treatment management
\nwhich results in the construction of revenue producing facilities
\nproviding for\u2014
\n(1) the recycling of potential sewage pollutants through the
\nproduction of agriculture, silviculture, or aquaculture products,
\nor any combination thereof;
\n(2) the confined and contained disposal of pollutants not
\nrecycled;
\n(3) the reclamation of wastewater; and
\n(4) the ultimate disposal of sludge in a manner that will
\nnot result in environmental hazards.
\n(e) The Administrator shall encourage waste treatment management
\nwhich results in integrating facilities for sewage treatment
\nand recycling with facilities to treat, dispose of, or utilize
\nother industrial and municipal wastes, including but not limited to
\nsolid waste and waste heat and thermal discharges. Such integrated
\nfacilities shall be designed and operated to produce revenues
\nin excess of capital and operation and maintenance costs and such
\nrevenues shall be used by the designated regional management
\nagency to aid in financing other environmental improvement programs.
\n(f) The Administrator shall encourage waste treatment management
\nwhich combines \u2018\u2018open space\u2019\u2019 and recreational considerations
\nwith such management.
\n(g)(1) The Administrator is authorized to make grants to any
\nState, municipality, or intermunicipal or interstate agency for the
\nconstruction of publicly owned treatment works. On and after October
\n1, 1984, grants under this title shall be made only for projects
\nfor secondary treatment or more stringent treatment, or any cost
\neffective alternative thereto, new interceptors and appurtenances,
\nand infiltration-in-flow correction. Notwithstanding the preceding
\nsentences, the Administrator may make grants on and after October
\n1, 1984, for (A) any project within the definition set forth in
\nsection 212(2) of this Act, other than for a project referred to in the
\npreceding sentence, and (B) any purpose for which a grant may be
\nmade under sections 1 319 (h) and (i) of this Act (including any innovative
\nand alternative approaches for the control of nonpoint
\nsources of pollution), except that not more than 20 per centum (as
\ndetermined by the Governor of the State) of the amount allotted to
\na State under section 205 of this Act for any fiscal year shall be
\nobligated in such State under authority of this sentence.
\n(2) The Administrator shall not make grants from funds authorized
\nfor any fiscal year beginning after June 30, 1974, to any
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\n49 FEDERAL WATER POLLUTION CONTROL ACT Sec. 201
\nState, municipality, or intermunicipal or interstate agency for the
\nerection, building, acquisition, alteration, remodeling, improvement,
\nor extension of treatment works unless the grant applicant
\nhas satisfactorily demonstrated to the Administrator that\u2014
\n(A) alternative waste management techniques have been
\nstudied and evaluated and the works proposed for grant assistance
\nwill provide for the application of the best practicable
\nwaste treatment technology over the life of the works consistent
\nwith the purposes of this title; and
\n(B) as appropriate, the works proposed for grant assistance
\nwill take into account and allow to the extent practicable the
\napplication of technology at a later date which will provide for
\nthe reclaiming or recycling of water or otherwise eliminate the
\ndischarge of pollutants.
\n(3) The Administrator shall not approve any grant after July
\n1, 1973, for treatment works under this section unless the applicant
\nshows to the satisfaction of the Administrator that each sewer
\ncollection system discharging into such treatment works is not subject
\nto excessive infiltration.
\n(4) The Administrator is authorized to make grants to applicants
\nfor treatment works grants under this section for such sewer
\nsystem evaluation studies as may be necessary to carry out the requirements
\nof paragraph (3) of this subsection. Such grants shall
\nbe made in accordance with rules and regulations promulgated by
\nthe Administrator. Initial rules and regulations shall be promulgated
\nunder this paragraph not later than 120 days after the date
\nof enactment of the Federal Water Pollution Control Act Amendments
\nof 1972.
\n(5) The Administrator shall not make grants from funds authorized
\nfor any fiscal year beginning after September 30, 1978, to
\nany State, municipality, or intermunicipal or interstate agency for
\nthe erection, building, acquisition, alteration, remodeling, improvement,
\nor extension of treatment works unless the grant applicant
\nhas satisfactorily demonstrated to the Administrator that innovative
\nand alternative wastewater treatment processes and techniques
\nwhich provide for the reclaiming and reuse of water, otherwise
\neliminate the discharge of pollutants, and utilize recycling
\ntechniques, land treatment, new or improved methods of waste
\ntreatment management for municipal and industrial waste (discharged
\ninto municipal systems) and the confined disposal of pollutants,
\nso that pollutants will not migrate to cause water or other
\nenvironmental pollution, have been fully studied and evaluated by
\nthe applicant taking into account section 201(d) of this Act and taking
\ninto account and allowing to the extent practicable the more efficient
\nuse of energy and resources.
\n(6) The Administrator shall not make grants from funds authorized
\nfor any fiscal year beginning after September 30, 1978, to
\nany State, municipality, or intermunicipal or interstate agency for
\nthe erection, building, acquisition, alteration, remodeling, improvement,
\nor extension of treatment works unless the grant applicant
\nhas satisfactorily demonstrated to the Administrator that the applicant
\nhas analyzed the potential recreation and open space opportunities
\nin the planning of the proposed treatment works.
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\nNovember 27, 2002
\nSec. 201 FEDERAL WATER POLLUTION CONTROL ACT 50
\n(h) A grant may be made under this section to construct a privately
\nowned treatment works serving one or more principal residences
\nor small commercial establishments constructed prior to,
\nand inhabited on the date of enactment of this subsection where
\nthe Administrator finds that\u2014
\n(1) a public body otherwise eligible for a grant under subsection
\n(g) of this section has applied on behalf of a number of
\nsuch units and certified that public ownership of such works
\nis not feasible;
\n(2) such public body has entered into an agreement with
\nthe Administrator which guarantees that such treatment
\nworks will be properly operated and maintained and will comply
\nwith all other requirements of section 204 of this Act and
\nincludes a system of charges to assure that each recipient of
\nwaste treatment services under such a grant will pay its proportionate
\nshare of the cost of operation and maintenance (including
\nreplacement); and
\n(3) the total cost and environmental impact of providing
\nwaste treatment services to such residences or commercial establishments
\nwill be less than the cost of providing a system
\nof collection and central treatment of such wastes.
\n(i) The Administrator shall encourage waste treatment management
\nmethods, processes, and techniques which will reduce
\ntotal energy requirements.
\n(j) The Administrator is authorized to make a grant for any
\ntreatment works utilizing processes and techniques meeting the
\nguidelines promulgated under section 304(d)(3) of this Act, if the
\nAdministrator determines it is in the public interest and if in the
\ncost effectiveness study made of the construction grant application
\nfor the purpose of evaluating alternative treatment works, the life
\ncycle cost of the treatment works for which the grant is to be made
\ndoes not exceed the life cycle cost of the most effective alternative
\nby more than 15 per centum.
\n(k) No grant made after November 15, 1981, for a publicly
\nowned treatment works, other than for facility planning and the
\npreparation of construction plans and specifications, shall be used
\nto treat, store, or convey the flow of any industrial user into such
\ntreatment works in excess of a flow per day equivalent to fifty
\nthousand gallons per day of sanitary waste. This subsection shall
\nnot apply to any project proposed by a grantee which is carrying
\nout an approved project to prepare construction plans and specifications
\nfor a facility to treat wastewater, which received its grant approval
\nbefore May 15, 1980. This subsection shall not be in effect
\nafter November 15, 1981.
\n(l)(1) After the date of enactment of this subsection, Federal
\ngrants shall not be made for the purpose of providing assistance
\nsolely for facility plans, or plans, specifications, and estimates for
\nany proposed project for the construction of treatment works. In
\nthe event that the proposed project receives a grant under this section
\nfor construction, the Administrator shall make an allowance in
\nsuch grant for non-Federal funds expended during the facility planning
\nand advanced engineering and design phase at the prevailing
\nFederal share under section 202(a) of this Act, based on the per-
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\nNovember 27, 2002
\n51 FEDERAL WATER POLLUTION CONTROL ACT Sec. 202
\ncentage of total project costs which the Administrator determines
\nis the general experience for such projects.
\n(2)(A) Each State shall use a portion of the funds allotted to
\nsuch State each fiscal year, but not to exceed 10 per centum of such
\nfunds, to advance to potential grant applicants under this title the
\ncosts of facility planning or the preparation of plans, specifications,
\nand estimates.
\n(B) Such an advance shall be limited to the allowance for such
\ncosts which the Administrator establishes under paragraph (1) of
\nthis subsection, and shall be provided only to a potential grant applicant
\nwhich is a small community and which in the judgment of
\nthe State would otherwise be unable to prepare a request for a
\ngrant for construction costs under this section.
\n(C) In the event a grant for construction costs is made under
\nthis section for a project for which an advance has been made
\nunder this paragraph, the Administrator shall reduce the amount
\nof such grant by the allowance established under paragraph (1) of
\nthis subsection. In the event no such grant is made, the State is
\nauthorized to seek repayment of such advance on such terms and
\nconditions as it may determine.
\n(m)(1) Notwithstanding any other provisions of this title, the
\nAdministrator is authorized to make a grant from any funds otherwise
\nallotted to the State of California under section 205 of this Act
\nto the project (and in the amount) specified in Order WQG 81\u20131
\nof the California State Water Resources Control Board.
\n(2) Notwithstanding any other provision of this Act, the Administrator
\nshall make a grant from any funds otherwise allotted
\nto the State of California to the city of Eureka, California, in connection
\nwith project numbered C\u201306\u20132772, for the purchase of one
\nhundred and thirty-nine acres of property as environmental mitigation
\nfor siting of the proposed treatment plant.
\n(3) Notwithstanding any other provision of this Act, the Administrator
\nshall make a grant from any funds otherwise allotted
\nto the State of California to the city of San Diego, California, in
\nconnection with that city\u2019s aquaculture sewage process (total resources
\nrecovery system) as an innovative and alternative waste
\ntreatment process.
\n(n)(1) On and after October 1, 1984, upon the request of the
\nGovernor of an affected State, the Administrator is authorized to
\nuse funds available to such State under section 205 to address
\nwater quality problems due to the impacts of discharges from combined
\nstorm water and sanitary sewer overflows, which are not otherwise
\neligible under this subsection, where correction of such discharges
\nis a major priority for such State.
\n(2) Beginning fiscal year 1983, the Administrator shall have
\navailable $200,000,000 per fiscal year in addition to those funds
\nauthorized in section 207 of this Act to be utilized to address water
\nquality problems of marine bays and estuaries subject to lower levels
\nof water quality due to the impacts of discharges from combined
\nstorm water and sanitary sewer overflows from adjacent urban
\ncomplexes, not otherwise eligible under this subsection. Such sums
\nmay be used as deemed appropriate by the Administrator as provided
\nin paragraphs (1) and (2) of this subsection, upon the request
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\nNovember 27, 2002<\/p>\n
\nof and demonstration of water quality benefits by the Governor of
\nan affected State.
\n(o) The Administrator shall encourage and assist applicants for
\ngrant assistance under this title to develop and file with the Administrator
\na capital financing plan which, at a minimum\u2014
\n(1) projects the future requirements for waste treatment
\nservices within the applicant\u2019s jurisdiction for a period of no
\nless than ten years;
\n(2) projects the nature, extent, timing, and costs of future
\nexpansion and reconstruction of treatment works which will be
\nnecessary to satisfy the applicant\u2019s projected future requirements
\nfor waste treatment services; and
\n(3) sets forth with specificity the manner in which the applicant
\nintends to finance such future expansion and reconstruction.
\n(p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.\u2014In any case
\nin which a dispute arises with respect to the awarding of a contract
\nfor construction of treatment works by a grantee of funds under
\nthis title and a party to such dispute files an appeal with the Administrator
\nunder this title for resolution of such dispute, the Administrator
\nshall make a final decision on such appeal within 90
\ndays of the filing of such appeal.
\n(33 U.S.C. 1281)
\nFEDERAL SHARE
\nSEC. 202. (a)(1) The amount of any grant for treatment works
\nmade under this Act from funds authorized for any fiscal year beginning
\nafter June 30, 1971, and ending before October 1, 1984,
\nshall be 75 per centum of the cost of construction thereof (as approved
\nby the Administrator), and for any fiscal year beginning on
\nor after October 1, 1984, shall be 55 per centum of the cost of construction
\nthereof (as approved by the Administrator), unless modified
\nto a lower percentage rate uniform throughout a State by the
\nGovernor of that State with the concurrence of the Administrator.
\nWithin ninety days after the enactment of this sentence the Administrator,
\nshall issue guidelines for concurrence in any such modification,
\nwhich shall provide for the consideration of the unobligated
\nbalance of sums allocated to the State under section 205 of
\nthis Act, the need for assistance under this title in such State, and
\nthe availability of State grant assistance to replace the Federal
\nshare reduced by such modification. The payment of any such reduced
\nFederal share shall not constitute an obligation on the part
\nof the United States or a claim on the part of any State or grantee
\nto reimbursement for the portion of the Federal share reduced in
\nany such State. Any grant (other than for reimbursement) made
\nprior to the date of enactment of the Federal Water Pollution Control
\nAct Amendments of 1972 from any funds authorized for any
\nfiscal year beginning after June 30, 1971, shall, upon the request
\nof the applicant, be increased to the applicable percentage under
\nthis section. Notwithstanding the first sentence of this paragraph,
\nin any case where a primary, secondary, or advanced waste treatment
\nfacility or its related interceptors or a project for infiltrationin-
\nflow correction has received a grant for erection, building, acqui-
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n53 FEDERAL WATER POLLUTION CONTROL ACT Sec. 202
\nsition, alteration, remodeling, improvement, extension, or correction
\nbefore October 1, 1984, all segments and phases of such facility,
\ninterceptors, and project for infiltration-in-flow correction shall
\nbe eligible for grants at 75 per centum of the cost of construction
\nthereof for any grant made pursuant to a State obligation which
\nobligation occurred before October 1, 1990. Notwithstanding the
\nfirst sentence of this paragraph, in the case of a project for which
\nan application for a grant under this title has been made to the Administrator
\nbefore October 1, 1984, and which project is under judicial
\ninjunction on such date prohibiting its construction, such
\nproject shall be eligible for grants at 75 percent of the cost of construction
\nthereof. Notwithstanding the first sentence of this paragraph,
\nin the case of the Wyoming Valley Sanitary Authority
\nproject mandated by judicial order under a proceeding begun prior
\nto October 1, 1984, and a project for wastewater treatment for Altoona,
\nPennsylvania, such projects shall be eligible for grants at 75
\npercent of the cost of construction thereof.
\n(2) The amount of any grant made after September 30, 1978,
\nand before October 1, 1981, for any eligible treatment works or significant
\nportion thereof utilizing innovative or alternative wastewater
\ntreatment processes and techniques referred to in section
\n201(g)(5) shall be 85 per centum of the cost of construction thereof,
\nunless modified by the Governor of the State with the concurrence
\nof the Administrator to a percentage rate no less than 15 per centum
\ngreater than the modified uniform percentage rate in which
\nthe Administrator has concurred pursuant to paragraph (1) of this
\nsubsection. The amount of any grant made after September 30,
\n1981, for any eligible treatment works or unit processes and
\ntechinques thereof utilizing innovative or alternative wastewater
\ntreatment processes and techniques referred to in section 201(g)(5)
\nshall be a percentage of the cost of construction thereof equal to 20
\nper centum greater than the percentage in effect under paragraph
\n(1) of this subsection for such works or unit processes and techniques,
\nbut in no event greater than 85 per centum of the cost of
\nconstruction thereof. No grant shall be made under this paragraph
\nfor construction of a treatment works in any State unless the proportion
\nof the State contribution to the non-Federal share of construction
\ncosts for all treatment works in such State receiving a
\ngrant under this paragraph is the same as or greater than the proportion
\nof the State contribution (if any) to the non-Federal share
\nof construction costs for all treatment works receiving grants in
\nsuch State under paragraph (1) of this subsection.
\n(3) In addition to any grant made pursuant to paragraph (2)
\nof this subsection, the Administrator is authorized to make a grant
\nto fund all of the costs of the modification or replacement of any
\nfacilities constructed with a grant made pursuant to paragraph (2)
\nif the Administrator finds that such facilities have not met design
\nperformance specifications unless such failure is attributable to
\nnegligence on the part of any person and if such failure has significantly
\nincreased capital or operating and maintenance expenditures.
\nIn addition, the Administrator is authorized to make a grant
\nto fund all of the costs of the modification or replacement of biodisc
\nequipment (rotating biological contractors) in any publicly owned
\ntreatment works if the Administrator finds that such equipment
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\nNovember 27, 2002
\nSec. 202 FEDERAL WATER POLLUTION CONTROL ACT 54
\nhas failed to meet design performance specifications, unless such
\nfailure is attributable to negligence on the part of any person, and
\nif such failure has significantly increased capital or operating and
\nmaintenance expenditures.
\n(4) For the purposes of this section, the term \u2018\u2018eligible treatment
\nworks\u2019\u2019 means those treatment works in each State which
\nmeet the requirements of section 201(g)(5) of this Act and which
\ncan be fully funded from funds available for such purpose in such
\nState.
\n(b) The amount of the grant for any project approved by the
\nAdministrator after January 1, 1971, and before July 1, 1971, for
\nthe construction of treatment works, the actual erection, building
\nor acquisition of which was not commenced prior to July 1, 1971,
\nshall, upon the request of the applicant, be increased to the applicable
\npercentage under subsection (a) of this section for grants for
\ntreatment works from funds for fiscal years beginning after June
\n30, 1971, with respect to the cost of such actual erection, building,
\nor acquisition. Such increased amount shall be paid from any funds
\nallocated to the State in which the treatment works is located without
\nregard to the fiscal year for which such funds were authorized.
\nSuch increased amount shall be paid for such project only if\u2014
\n(1) a sewage collection system that is a part of the same
\ntotal waste treatment system as the treatment works for which
\nsuch grant was approved is under construction or is to be constructed
\nfor use in conjunction with such treatment works, and
\nif the cost of such sewage collection system exceeds the cost of
\nsuch treatment works, and
\n(2) the State water pollution control agency or other appropriate
\nState authority certifies that the quantity of available
\nground water will be insufficient, inadequate, or unsuitable for
\npublic use, including the ecological preservation and recreational
\nuse of surface water bodies, unless effluents from
\npublicly-owned treatment works after adequate treatment are
\nreturned to the ground water consistent with acceptable technological
\nstandards.
\n(c) Notwithstanding any other provision of law, sums allotted
\nto the Commonwealth of Puerto Rico under section 205 of this Act
\nfor fiscal year 1981 shall remain available for obligation for the fiscal
\nyear for which authorized and for the period of the next succeeding
\ntwenty-four months. Such sums and any unobligated funds
\navailable to Puerto Rico from allotments for fiscal years ending
\nprior to October 1, 1981, shall be available for obligation by the Administrator
\nof the Environmental Protection Agency only to fund
\nthe following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and
\nCamuy Hatillo. These funds may be used by the Commonwealth of
\nPuerto Rico to fund the non-Federal share of the costs of such
\nprojects. To the extent that these funds are used to pay the non-
\nFederal share, the Commonwealth of Puerto Rico shall repay to the
\nEnvironmental Protection Agency such amounts on terms and conditions
\ndeveloped and approved by the Administrator in consultation
\nwith the Governor of the Commonwealth of Puerto Rico.
\nAgreement on such terms and conditions including the payment of
\ninterest to be determined by the Secretary of the Treasury, shall
\nbe reached prior to the use of these funds for the Commonwealth\u2019s
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\nNovember 27, 2002
\n55 FEDERAL WATER POLLUTION CONTROL ACT Sec. 203
\nnon-Federal share. No Federal funds awarded under this provision
\nshall be used to replace local governments funds previously expended
\non these projects.
\n(33 U.S.C. 1282)
\nPLANS, SPECIFICATIONS, ESTIMATES, AND PAYMENTS
\nSEC. 203. (a)(1) Each applicant for a grant shall submit to the
\nAdministrator for his approval, plans, specifications, and estimates
\nfor each proposed project for the construction of treatment works
\nfor which a grant is applied for under section 201(g)(1) from funds
\nallotted to the State under section 205 and which otherwise meets
\nthe requirements of this Act. The Administrator shall act upon
\nsuch plans, specifications, and estimates as soon as practicable
\nafter the same have been submitted, and his approval of any such
\nplans, specifications, and estimates shall be deemed a contractual
\nobligation of the United States for the payment of its proportional
\ncontribution to such project.
\n(2) AGREEMENT ON ELIGIBLE COSTS.\u2014
\n(A) LIMITATION ON MODIFICATIONS.\u2014Before taking
\nfinal action on any plans, specifications, and estimates
\nsubmitted under this subsection after the 60th day following
\nthe date of the enactment of the Water Quality Act
\nof 1987, the Administrator shall enter into a written agreement
\nwith the applicant which establishes and specifies
\nwhich items of the proposed project are eligible for Federal
\npayments under this section. The Administrator may not
\nlater modify such eligibility determinations unless they are
\nfound to have been made in violation of applicable Federal
\nstatutes and regulations.
\n(B) LIMITATION ON EFFECT.\u2014Eligibility determinations
\nunder this paragraph shall not preclude the Administrator
\nfrom auditing a project pursuant to section 501 of this Act,
\nor other authority, or from withholding or recovering Federal
\nfunds for costs which are found to be unreasonable,
\nunsupported by adequate documentation, or otherwise unallowable
\nunder applicable Federal costs principles, or
\nwhich are incurred on a project which fails to meet the design
\nspecifications or effluent limitations contained in the
\ngrant agreement and permit pursuant to section 402 of
\nthis Act for such project.
\n(3) In the case of a treatment works that has an estimated
\ntotal cost of $8,000,000 of less (as determined by the Administrator),
\nand the population of the applicant municipality is twentyfive
\nthousand or less (according to the most recent United States
\ncensus), upon completion of an approved facility plan, a single
\ngrant may be awarded for the combined Federal share of the cost
\nof preparing construction plans and specifications, and the building
\nand erection of the treatment works.
\n(b) The Administrator shall, from time to time as the work progresses,
\nmake payments to the recipient of a grant for costs of construction
\nincurred on a project. These payments shall at no time
\nexceed the Federal share of the cost of construction incurred to the
\ndate of the voucher covering such payment plus the Federal share
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\nNovember 27, 2002
\nSec. 203 FEDERAL WATER POLLUTION CONTROL ACT 56
\nof the value of the materials which have been stockpiled in the vicinity
\nof such construction in conformity to plans and specifications
\nfor the project.
\n(c) After completion of a project and approval of the final
\nvoucher by the Administrator, he shall pay out of the appropriate
\nsums the unpaid balance of the Federal share payable on account
\nof such project.
\n(d) Nothing in this Act shall be construed to require, or to authorize
\nthe Administrator to require, that grants under this Act for
\nconstruction of treatment works be made only for projects which
\nare operable units usable for sewage collection, transportation,
\nstorage, waste treatment, or for similar purposes without additional
\nconstruction.
\n(e) At the request of a grantee under this title, the Administrator
\nis authorized to provide technical and legal assistance in the
\nadministration and enforcement of any contract in connection with
\ntreatment works assisted under this title, and to intervene any
\ncivil action involving the enforcement of such a contract.
\n(f) DESIGN\/BUILD PROJECTS.\u2014
\n(1) AGREEMENT.\u2014Consistent with State law, an applicant
\nwho proposes to construct waste water treatment works may
\nenter into an agreement with the Administrator under this
\nsubsection providing for the preparation of construction plans
\nand specifications and the erection of such treatment works, in
\nlieu of proceeding under the other provisions of this section.
\n(2) LIMITATION ON PROJECTS.\u2014Agreements under this subsection
\nshall be limited to projects under an approved facility
\nplan which projects are\u2014
\n(A) treatment works that have an estimated total cost
\nof $8,000,000 or less; and
\n(B) any of the following types of waste water treatment
\nsystems: aerated lagoons, trickling filters, stabilization
\nponds, land application systems, sand filters, and subsurface
\ndisposal systems.
\n(3) REQUIRED TERMS.\u2014An agreement entered into under
\nthis subsection shall\u2014
\n(A) set forth an amount agreed to as the maximum
\nFederal contribution to the project, based upon a competitively
\nbid document of basic design data and applicable
\nstandard construction specifications and a determination
\nof the federally eligible costs of the project at the applicable
\nFederal share under section 202 of this Act;
\n(B) set forth dates for the start and completion of construction
\nof the treatment works by the applicant and a
\nschedule of payments of the Federal contribution to the
\nproject;
\n(C) contain assurances by the applicant that (i) engineering
\nand management assistance will be provided to
\nmanage the project; (ii) the proposed treatment works will
\nbe an operable unit and will meet all the requirements of
\nthis title; and (iii) not later than 1 year after the date specified
\nas the date of completion of construction of the treatment
\nworks, the treatment works will be operating so as
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n57 FEDERAL WATER POLLUTION CONTROL ACT Sec. 204
\nto meet the requirements of any applicable permit for such
\ntreatment works under section 402 of this Act;
\n(D) require the applicant to obtain a bond from the
\ncontractor in an amount determined necessary by the Administrator
\nto protect the Federal interest in the project;
\nand
\n(E) contain such other terms and conditions as are
\nnecessary to assure compliance with this title (except as
\nprovided in paragraph (4) of this subsection).
\n(4) LIMITATION ON APPLICATION.\u2014Subsections (a), (b), and
\n(c) of this section shall not apply to grants made pursuant to
\nthis subsection.
\n(5) RESERVATION TO ASSURE COMPLIANCE.\u2014The Administrator
\nshall reserve a portion of the grant to assure contract
\ncompliance until final project approval as defined by the Administrator.
\nIf the amount agreed to under paragraph (3)(A)
\nexceeds the cost of designing and constructing the treatment
\nworks, the Administrator shall reallot the amount of the excess
\nto the State in which such treatment works are located for the
\nfiscal year in which such audit is completed.
\n(6) LIMITATION ON OBLIGATIONS.\u2014The Administrator shall
\nnot obligate more than 20 percent of the amount allotted to a
\nState for a fiscal year under section 205 of this Act for grants
\npursuant to this subsection.
\n(7) ALLOWANCE.\u2014The Administrator shall determine an allowance
\nfor facilities planning for projects constructed under
\nthis subsection in accordance with section 201(l).
\n(8) LIMITATION ON FEDERAL CONTRIBUTIONS.\u2014In no event
\nshall the Federal contribution for the cost of preparing construction
\nplans and specifications and the building and erection
\nof treatment works pursuant to this subsection exceed the
\namount agreed upon under paragraph (3).
\n(9) RECOVERY ACTION.\u2014In any case in which the recipient
\nof a grant made pursuant to this subsection does not comply
\nwith the terms of the agreement entered into under paragraph
\n(3), the Administrator is authorized to take such action as may
\nbe necessary to recover the amount of the Federal contribution
\nto the project.
\n(10) PREVENTION OF DOUBLE BENEFITS.\u2014A recipient of a
\ngrant made pursuant to this subsection shall not be eligible for
\nany other grants under this title for the same project.
\n(33 U.S.C. 1283)
\nLIMITATIONS AND CONDITIONS
\nSEC. 204. (a) Before approving grants for any project for any
\ntreatment works under section 201(g)(1) the Administrator shall
\ndetermine\u2014
\n(1) that any required areawide waste treatment management
\nplan under section 208 of this Act (A) is being implemented
\nfor such area and the proposed treatment works are included
\nin such plan, or (B) is being developed for such area and
\nreasonable progress is being made toward its implementation
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 204 FEDERAL WATER POLLUTION CONTROL ACT 58
\n1 So in law. The period should be a semicolon.
\nand the proposed treatment works will be included in such
\nplan;
\n(2) that (A) the State in which the project is to be located
\n(i) is implementing any required plan under section 303(e) of
\nthis Act and the proposed treatment works are in conformity
\nwith such plan, or (ii) is developing such a plan and the proposed
\ntreatment works will be in conformity with such plan,
\nand (B) such State is in compliance with section 305(b) of this
\nAct;
\n(3) that such works have been certified by the appropriate
\nState water pollution control agency as entitled to priority over
\nsuch other works in the State in accordance with any applicable
\nState plan under section 303(e) of this Act, except that any
\npriority list developed pursuant to section 303(e)(3)(H) may be
\nmodified by such State in accordance with regulations promulgated
\nby the Administrator to give higher priority for grants
\nfor the Federal share of the cost of preparing construction
\ndrawings and specifications for any treatment works utilizing
\nprocesses and techniques meeting the guidelines promulgated
\nunder section 304(d)(3) of this Act for grants for the combined
\nFederal share of the cost of preparing construction drawings
\nand specifications and the building and erection of any treatment
\nworks meeting the requirements of the next to the last
\nsentence of section 203(a) of this Act which utilizes processes
\nand techniques meeting the guidelines promulgated under section
\n304(d)(3) of this Act.1
\n(4) that the applicant proposing to construct such works
\nagrees to pay the non-Federal costs of such works and has
\nmade adequate provisions satisfactory to the Administrator for
\nassuring proper and efficient operation, including the employment
\nof trained management and operations personnel, and
\nthe maintenance of such works in accordance with a plan of operation
\napproved by the state water pollution control agency
\nor, as appropriate, the interstate agency, after construction
\nthereof;
\n(5) that the size and capacity of such works relate directly
\nto the needs to be served by such works, including sufficient
\nreserve capacity. The amount of reserve capacity provided shall
\nbe approved by the Administrator on the basis of a comparison
\nof the cost of constructing such reserves as a part of the works
\nto be funded and the anticipated cost of providing expanded capacity
\nat a date when such capacity will be required, after taking
\ninto account, in accordance with regulations promulgated
\nby the Administrator, efforts to reduce total flow of sewage and
\nunnecessary water consumption. The amount of reserve capacity
\neligible for a grant under this title shall be determined by
\nthe Administrator taking into account the projected population
\nand associated commercial and industrial establishments within
\nthe jurisdiction of the applicant to be served by such treatment
\nworks as identified in an approved facilities plan, an
\nareawide plan under section 208, or an applicable municipal
\nmaster plan of development. For the purpose of this paragraph,
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n59 FEDERAL WATER POLLUTION CONTROL ACT Sec. 204
\nsection 208, and any such plan, projected population shall be
\ndetermined on the basis of the latest information available
\nfrom the United States Department of Commerce or from the
\nStates as the Administrator, by regulation, determines appropriate.
\nBeginning October 1, 1984, no grants shall be made
\nunder this title to construct that portion of any treatment
\nworks providing reserve capacity in excess of existing needs
\n(including existing needs of residential, commercial, industrial,
\nand other users) on the date of approval of a grant for the erection,
\nbuilding, acquisition, alteration, remodeling, improvement,
\nor extension of a project for secondary treatment or more
\nstringent treatment or new interceptors and appurtenances,
\nexcept that in no event shall reserve capacity of a facility and
\nits related interceptors to which this subsection applies be in
\nexcess of existing needs on October 1, 1990. In any case in
\nwhich an applicant proposes to provide reserve capacity greater
\nthan that eligible for Federal financial assistance under this
\ntitle, the incremental costs of the additional reserve capacity
\nshall be paid by the applicant;
\n(6) that no specification for bids in connection with such
\nworks shall be written in such a manner as to contain proprietary,
\nexclusionary, or discriminatory requirements other than
\nthose based upon performance, unless such requirements are
\nnecessary to test or demonstrate a specific thing or to provide
\nfor necessary interchangeability of parts and equipment. When
\nin the judgment of the grantee, it is impractical or uneconomical
\nto make a clear and accurate description of the technical
\nrequirements, a \u2018\u2018brand name or equal\u2019\u2019 description may
\nbe used as a means to define the performance or other salient
\nrequirements of a procurement, and in doing so the grantee
\nneed not establish the existence of any source other than the
\nbrand or source so named.
\n(b)(1) Notwithstanding any other provision of this title, the Administrator
\nshall not approve any grant for any treatment works
\nunder section 201(g)(1) after March 1, 1973, unless he shall first
\nhave determined that the applicant (A) has adopted or will adopt
\na system of charges to assure that each recipient of waste treatment
\nservices within the applicant\u2019s jurisdiction, as determined by
\nthe Administrator, will pay its proportionate share (except as otherwise
\nprovided in this paragraph) of the costs of operation and
\nmaintenance (including replacement) of any waste treatment services
\nprovided by the applicant; and (B) has legal, institutional,
\nmanagerial, and financial capability to insure adequate construction,
\noperation, and maintenance of treatment works throughout
\nthe applicant\u2019s jurisdiction, as determined by the Administrator. In
\nany case where an applicant which, as of the date of enactment of
\nthis sentence, uses a system of dedication ad valorem taxes and the
\nAdministrator determines that the applicant has a system of
\ncharges which results in the distribution of operation and maintenance
\ncosts for treatment works within the applicant\u2019s jurisdiction,
\nto each user class, in proportion to the contribution to the total cost
\nof operation and maintenance of such works by each user class
\n(taking into account total waste water loading of such works, the
\nconstituent elements of the waste, and other appropriate factors),
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 204 FEDERAL WATER POLLUTION CONTROL ACT 60
\nand such applicant is otherwise in compliance with clause (A) of
\nthis paragraph with respect to each industrial user, then such dedication
\nad valorem tax system shall be deemed to be the user charge
\nsystem meeting the requirements of clause (A) of this paragraph
\nfor the residential user class and such small non-residential user
\nclasses as defined by the Administrator. In defining small non-residential
\nusers, the Administrator shall consider the volume of
\nwastes discharged into the treatment works by such users and the
\nconstituent elements of such wastes as well as such other factors
\nas he deems appropriate. A system of user charges which imposes
\na lower charge for low-income residential users (as defined by the
\nAdministrator) shall be deemed to be a user charge system meeting
\nthe requirements of clause (A) of this paragraph if the Administrator
\ndetermines that such system was adopted after public notice
\nand hearing.
\n(2) The Administrator shall, within one hundred and eighty
\ndays after the date of enactment of the Federal Water Pollution
\nControl Act Amendments of 1972, and after consultation with appropriate
\nState, interstate, municipal and intermunicipal agencies,
\nissue guidelines applicable to payment of waste treatment costs by
\nindustrial and nonindustrial receipts of waste treatment services
\nwhich shall establish (A) classes of users of such services, including
\ncategories of industrial users; (B) criteria against which to determine
\nthe adequacy of charges imposed on classes and categories of
\nusers reflecting all factors that influence the cost of waste treatment,
\nincluding strength, volume, and delivery flow rate characteristics
\nof waste; and (C) model systems and rates of user charges
\ntypical of various treatment works serving municipal-industrial
\ncommunities.
\n(3) Approval by the Administrator of a grant to an interstate
\nagency established by interstate compact for any treatment works
\nshall satisfy any other requirement that such works be authorized
\nby Act of Congress.
\n(4) A system of charges which meets the requirement of clause
\n(A) of paragraph (1) of this subsection may be based on something
\nother than metering the sewage or water supply flow of residential
\nrecipients of waste treatment services, including ad valorem taxes.
\nIf the system of charges is based on something other than metering
\nthe Administrator shall require (A) the applicant to establish a system
\nby which the necessary funds will be available for the proper
\noperation and maintenance of the treatment works; and (B) the applicant
\nto establish a procedure under which the residential user
\nwill be notified as to that portion of his total payment which will
\nbe allocated to the costs of the waste treatment services.
\n(c) The next to the last sentence of paragraph (5) of subsection
\n(a) of this section shall not apply in any case where a primary, secondary,
\nor advanced waste treatment facility or its related interceptors
\nhas received a grant for erection, building, acquisition, alteration,
\nremodeling, improvement, or extension before October 1,
\n1984, and all segments and phases of such facility and interceptors
\nshall be funded based on a 20-year reserve capacity in the case of
\nsuch facility and a 20-year reserve capacity in the case of such
\ninterceptors, except that, if a grant for such interceptors has been
\napproved prior to the date of enactment of the Municipal Waste-
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n61 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
\nwater Treatment Construction Grant Amendments of 1981, such
\ninterceptors shall be funded based on the approved reserve capacity
\nnot to exceed 40 years.
\n(d)(1) A grant for the construction of treatment works under
\nthis title shall provide that the engineer or engineering firm supervising
\nconstruction or providing architect engineering services during
\nconstruction shall continue its relationship to the grant applicant
\nfor a period of one year after the completion of construction
\nand initial operation of such treatment works. During such period
\nsuch engineer or engineering firm shall supervise operation of the
\ntreatment works, train operating personnel, and prepare curricula
\nand training material for operating personnel. Costs associated
\nwith the implementation of this paragraph shall be eligible for Federal
\nassistance in accordance with this title.
\n(2) On the date one year after the completion of construction
\nand initial operation of such treatment works, the owner and operator
\nof such treatment works shall certify to the Administrator
\nwhether or not such treatment works meet the design specifications
\nand effluent limitations contained in the grant agreement and
\npermit pursuant to section 402 of the Act for such works. If the
\nowner and operator of such treatment works cannot certify that
\nsuch treatment works meet such design specifications and effluent
\nlimitations, any failure to meet such design specifications and effluent
\nlimitations shall be corrected in a timely manner, to allow such
\naffirmative certification, at other than Federal expense.
\n(3) Nothing in this section shall be construed to prohibit a
\ngrantee under this title from requiring more assurances, guarantees,
\nor indemnity or other contractual requirements from any
\nparty to a contract pertaining to a project assisted under this title,
\nthan those provided under this subsection.
\n(33 U.S.C. 1284)
\nALLOTMENT
\nSEC. 205. (a) Sums authorized to be appropriated pursuant to
\nsection 207 for each fiscal year beginning after June 30, 1972, before
\nSeptember 30, 1977, shall be allotted by the Administrator not
\nlater than the January 1st immediately preceding the beginning of
\nthe fiscal year for which authorized, except that the allotment for
\nfiscal year 1973 shall be made not later than 30 days after the date
\nof enactment of the Federal Water Pollution Control Act Amendments
\nof 1972. Such sums shall be allotted among the States by
\nthe Administrator in accordance with regulations promulgated by
\nhim, in the ratio that the estimated cost of constructing all needed
\npublicly owned treatment works in each State bears to the estimated
\ncost of construction of all needed publicly owned treatment
\nworks in all of the States. For the fiscal years ending June 30,
\n1973, and June 30, 1974, such ratio shall be determined on the
\nbasis of table III of House Public Works Committee Print No. 92\u2013
\n50. For the fiscal year ending June 30, 1975, such ratio shall be
\ndetermined one-half on the basis of table I of House Public Works
\nCommittee Print Numbered 93\u201328 and one-half on the basis of
\ntable II of such print, except that no State shall receive an allotment
\nless than that which it received for the fiscal year ending
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 205 FEDERAL WATER POLLUTION CONTROL ACT 62
\nJune 30, 1972, as set forth in table III of such print. Allotments
\nfor fiscal years which begin after the fiscal year ending June 30,
\n1975 shall be made only in accordance with a revised cost estimate
\nmade and submitted to Congress in accordance with section 516 of
\nthis Act and only after such revised cost estimate shall have been
\napproved by law specifically enacted hereafter.
\n(b)(1) Any sums allotted to a State under subsection (a) shall
\nbe available for obligation under section 203 on and after the date
\nof such allotment. Such sums shall continue available for obligation
\nin such State for a period of one year after the close of the fiscal
\nyear for which such sums are authorized. Any amounts so allotted
\nwhich are not obligated by the end of such one-year period shall
\nbe immediately reallotted by the Administrator, in accordance with
\nregulations promulgated by him, generally on the basis of the ratio
\nused in making the last allotment of sums under this section. Such
\nreallotted sums shall be added to the last allotments made to the
\nStates. Any sum made available to a State by reallotment under
\nthis subsection shall be in addition to any funds otherwise allotted
\nto such State for grants under this title during any fiscal year.
\n(2) Any sums which have been obligated under section 203 and
\nwhich are released by the payment of the final voucher for the
\nproject shall be immediately credited to the State to which such
\nsums were last allotted. Such released sums shall be added to the
\namounts last allotted to such State and shall be immediately available
\nfor obligation in the same manner and to the same extent as
\nsuch last allotment.
\n(c)(1) Sums authorized to be appropriated pursuant to section
\n207 for the fiscal years during the period beginning October 1,
\n1977, and ending September 30, 1981, shall be allotted for each
\nsuch year by the Administrator not later than the tenth day which
\nbegins after the date of enactment of the Clean Water Act of 1977.
\nNot-withstanding any other provision of law, sums authorized for
\nthe fiscal years ending September 30, 1978, September 30, 1979,
\nSeptember 30, 1980, and September 30, 1981, shall be allotted in
\naccordance with table 3 of Committee Print Numbered 95\u201330 of the
\nCommittee on Public Works and Transportation of the House of
\nRepresentatives.
\n(2) Sums authorized to be appropriated pursuant to section 207
\nfor the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for
\neach such year by the Administrator not later than the tenth day
\nwhich begins after the date of enactment of the Municipal Wastewater
\nTreatment Construction Grant Amendments of 1981. Notwithstanding
\nany other provision of law, sums authorized for the
\nfiscal year ending September 30, 1982, shall be allotted in accordance
\nwith table 3 of Committee Print Numbered 95\u201330 of the Committee
\non Public Works and Transportation of the House of Representatives.
\nSums authorized for the fiscal years ending September
\n30, 1983, September 30, 1984, September 30, 1985, and
\nSeptember 30, 1986, shall be allotted in accordance with the following
\ntable:
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n63 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
\nFiscal years 1983
\nthrough 1985 1
\nStates:
\nAlabama ………………………………………………………………………………………. .011398
\nAlaska ………………………………………………………………………………………….. .006101
\nArizona ………………………………………………………………………………………… .006885
\nArkansas ……………………………………………………………………………………… .006668
\nCalifornia …………………………………………………………………………………….. .072901
\nColorado ………………………………………………………………………………………. .008154
\nConnecticut ………………………………………………………………………………….. .012487
\nDelaware ……………………………………………………………………………………… .004965
\nDistrict of Columbia ……………………………………………………………………… .004965
\nFlorida …………………………………………………………………………………………. .034407
\nGeorgia ………………………………………………………………………………………… .017234
\nHawaii …………………………………………………………………………………………. .007895
\nIdaho ……………………………………………………………………………………………. .004965
\nIllinois ………………………………………………………………………………………….. .046101
\nIndiana ………………………………………………………………………………………… .024566
\nIowa …………………………………………………………………………………………….. .013796
\nKansas …………………………………………………………………………………………. .009201
\nKentucky ……………………………………………………………………………………… .012973
\nLouisiana ……………………………………………………………………………………… .011205
\nMaine …………………………………………………………………………………………… .007788
\nMaryland ……………………………………………………………………………………… .024653
\nMassachusetts ………………………………………………………………………………. .034608
\nMichigan ………………………………………………………………………………………. .043829
\nMinnesota …………………………………………………………………………………….. .018735
\nMississippi …………………………………………………………………………………… .009184
\nMissouri ……………………………………………………………………………………….. .028257
\nMontana ………………………………………………………………………………………. .004965
\nNebraska ……………………………………………………………………………………… .005214
\nNevada ………………………………………………………………………………………… .004965
\nNew Hampshire ……………………………………………………………………………. .010186
\nNew Jersey …………………………………………………………………………………… .041654
\nNew Mexico ………………………………………………………………………………….. .004965
\nNew York …………………………………………………………………………………….. .113097
\nNorth Carolina ……………………………………………………………………………… .018396
\nNorth Dakota ……………………………………………………………………………….. .004965
\nOhio …………………………………………………………………………………………….. .057383
\nOklahoma …………………………………………………………………………………….. .008235
\nOregon …………………………………………………………………………………………. .011515
\nPennsylvania ………………………………………………………………………………… .040377
\nRhode Island ………………………………………………………………………………… .006750
\nSouth Carolina ……………………………………………………………………………… .010442
\nSouth Dakota ……………………………………………………………………………….. .004965
\nTennessee …………………………………………………………………………………….. .014807
\nTexas …………………………………………………………………………………………… .038726
\nUtah …………………………………………………………………………………………….. .005371
\nVermont ……………………………………………………………………………………….. .004965
\nVirginia ……………………………………………………………………………………….. .020861
\nWashington ………………………………………………………………………………….. .017726
\nWest Virginia ……………………………………………………………………………….. .015890
\nWisconsin …………………………………………………………………………………….. .027557
\nWyoming ……………………………………………………………………………………… .004965
\nSamoa ………………………………………………………………………………………….. .000915
\nGuam …………………………………………………………………………………………… .000662
\nNorthern Marianas ……………………………………………………………………….. .000425
\nPuerto Rico …………………………………………………………………………………… .013295
\nPacific Trust Territories ………………………………………………………………… .001305
\nVirgin Islands ………………………………………………………………………………. .000531
\nUnited States totals ……………………………………………………………….. .999996
\n1 So in original. Probably should be \u2018\u20181986\u2019\u2019.
\n(3) FISCAL YEARS 1987\u20131990.\u2014Sums authorized to be appropriated
\npursuant to section 207 for the fiscal years 1987, 1988,
\n1989, and 1990 shall be allotted for each such year by the Administrator
\nnot later than the 10th day which begins after the
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 205 FEDERAL WATER POLLUTION CONTROL ACT 64
\ndate of the enactment of this paragraph. Sums authorized for
\nsuch fiscal years shall be allotted in accordance with the following
\ntable:
\nStates:
\nAlabama ………………………………………………………………………………………. .011309
\nAlaska ………………………………………………………………………………………….. .006053
\nArizona ………………………………………………………………………………………… .006831
\nArkansas ……………………………………………………………………………………… .006616
\nCalifornia …………………………………………………………………………………….. .072333
\nColorado ………………………………………………………………………………………. .008090
\nConnecticut ………………………………………………………………………………….. .012390
\nDelaware ……………………………………………………………………………………… .004965
\nDistrict of Columbia ……………………………………………………………………… .004965
\nFlorida …………………………………………………………………………………………. .034139
\nGeorgia ………………………………………………………………………………………… .017100
\nHawaii …………………………………………………………………………………………. .007833
\nIdaho ……………………………………………………………………………………………. .004965
\nIllinois ………………………………………………………………………………………….. .045741
\nIndiana ………………………………………………………………………………………… .024374
\nIowa …………………………………………………………………………………………….. .013688
\nKansas …………………………………………………………………………………………. .009129
\nKentucky ……………………………………………………………………………………… .012872
\nLouisiana ……………………………………………………………………………………… .011118
\nMaine …………………………………………………………………………………………… .007829
\nMaryland ……………………………………………………………………………………… .024461
\nMassachusetts ………………………………………………………………………………. .034338
\nMichigan ………………………………………………………………………………………. .043487
\nMinnesota …………………………………………………………………………………….. .018589
\nMississippi …………………………………………………………………………………… .009112
\nMissouri ……………………………………………………………………………………….. .028037
\nMontana ………………………………………………………………………………………. .004965
\nNebraska ……………………………………………………………………………………… .005173
\nNevada ………………………………………………………………………………………… .004965
\nNew Hampshire ……………………………………………………………………………. .010107
\nNew Jersey …………………………………………………………………………………… .041329
\nNew Mexico ………………………………………………………………………………….. .004965
\nNew York …………………………………………………………………………………….. .111632
\nNorth Carolina ……………………………………………………………………………… .018253
\nNorth Dakota ……………………………………………………………………………….. .004965
\nOhio …………………………………………………………………………………………….. .056936
\nOklahoma …………………………………………………………………………………….. .008171
\nOregon …………………………………………………………………………………………. .011425
\nPennsylvania ………………………………………………………………………………… .040062
\nRhode Island ………………………………………………………………………………… .006791
\nSouth Carolina ……………………………………………………………………………… .010361
\nSouth Dakota ……………………………………………………………………………….. .004965
\nTennessee …………………………………………………………………………………….. .014692
\nTexas …………………………………………………………………………………………… .046226
\nUtah …………………………………………………………………………………………….. .005329
\nVermont ……………………………………………………………………………………….. .004965
\nVirginia ……………………………………………………………………………………….. .020698
\nWashington ………………………………………………………………………………….. .017588
\nWest Virginia ……………………………………………………………………………….. .015766
\nWisconsin …………………………………………………………………………………….. .027342
\nWyoming ……………………………………………………………………………………… .004965
\nAmerican Samoa …………………………………………………………………………… .000908
\nGuam …………………………………………………………………………………………… .000657
\nNorthern Marianas ……………………………………………………………………….. .000422
\nPuerto Rico …………………………………………………………………………………… .013191
\nPacific Trust Territories ………………………………………………………………… .001295
\nVirgin Islands ………………………………………………………………………………. .000527
\n(d) Sums allotted to the States for a fiscal year shall remain
\navailable for obligation for the fiscal year for which authorized and
\nfor the period of the next succeeding twelve months. The amount
\nof any allotment not obligated by the end of such twenty-four-
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n65 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
\n1 P.L. 97\u2013117 added this phrase with a period at the end; probably should be a comma.
\nmonth period shall be immediately reallotted by the Administrator
\non the basis of the same ratio as applicable to sums allotted for the
\nthen current fiscal year, except that none of the funds reallotted by
\nthe Administrator for fiscal year 1978 and for fiscal years thereafter
\nshall be allotted to any State which failed to obligate any of
\nthe funds being reallotted. Any sum made available to a State by
\nreallotment under this subsection shall be in addition to any funds
\notherwise allotted to such State for grants under this title during
\nany fiscal year.
\n(e) For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983,
\n1984, 1985, 1986, 1987, 1988, 1989, and 1990, no State shall receive
\nless than one-half of 1 per centum of the total allotment
\nunder subsection (c) of this section, except that in the case of
\nGuam, Virgin Islands, American Samoa, and the Trust Territories
\nnot more than thirty-three one-hundredths of 1 per centum in the
\naggregate shall be allotted to all four for these jurisdictions. For
\nthe purpose of carrying out this subsection there are authorized to
\nbe appropriated, subject to such amounts as are provided in appropriation
\nActs, not to exceed $75,000,000 for each fiscal years 1978,
\n1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989,
\nand 1990. If for any fiscal year the amount appropriated under authority
\nof this subsection is less than the amount necessary to
\ncarry out this subsection, the amount each State receives under
\nthis subsection for such year shall be the same ratio for the amount
\nsuch State would have received under this subsection in such year
\nif the amount necessary to carry it out had been appropriated as
\nthe amount appropriated for such year bears to the amount necessary
\nto carry out this subsection for such year.
\n(f) Notwithstanding any other provision of this section, sums
\nmade available between January 1, 1975, and March 1, 1975, by
\nthe Administrator for obligation shall be available for obligation
\nuntil September 30, 1978.
\n(g)(1) The Administrator is authorized to reserve each fiscal
\nyear not to exceed 2 per centum of the amount authorized under
\nsection 207 of this title for purposes of the allotment made to each
\nState under this section on or after October 1, 1977, except in the
\ncase of any fiscal year beginning on or after October 1, 1981, and
\nending before October 1, 1994, in which case the percentage authorized
\nto be reserved shall not exceed 4 per centum.1 or $400,000
\nwhichever amount is the greater. Sums so reserved shall be available
\nfor making grants to such State under paragraph (2) of this
\nsubsection for the same period as sums are available from such allotment
\nunder subsection (d) of this section, and any such grant
\nshall be available for obligation only during such period. Any grant
\nmade from sums reserved under this subsection which has not been
\nobligated by the end of the period for which available shall be
\nadded to the amount last allotted to such State under this section
\nand shall be immediately available for obligation in the same manner
\nand to the same extent as such last allotment. Sums authorized
\nto be reserved by this paragraph shall be in addition to and
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\nNovember 27, 2002
\nSec. 205 FEDERAL WATER POLLUTION CONTROL ACT 66
\nnot in lieu of any other funds which may be authorized to carry out
\nthis subsection.
\n(2) The Administrator is authorized to grant to any State from
\namounts reserved to such State under this subsection, the reasonable
\ncosts of administering any aspects of sections 201, 203, 204,
\nand 212 of this Act the responsibility for administration of which
\nthe Administrator has delegated to such State. The Administrator
\nmay increase such grant to take into account the reasonable costs
\nof administering an approved program under section 402 or 404,
\nadministering a statewide waste treatment management planning
\nprogram under section 208(b)(4), and managing waste treatment
\nconstruction grants for small communities.
\n(h) The Administrator shall set aside from funds authorized for
\neach fiscal year beginning on or after October 1, 1978, a total (as
\ndetermined by the Governor of the State) of not less than 4 percent
\nnor more than 71\u20442 percent of the sums allotted to any State with
\na rural population of 25 per centum or more of the total population
\nof such State, as determined by the Bureau of the Census. The Administrator
\nmay set aside no more than 71\u20442 percent of the sums
\nallotted to any other State for which the Governor requests such
\naction. Such sums shall be available only for alternatives to conventional
\nsewage treatment works for municipalities having a population
\nof three thousand five hundred or less, or for the highly dispersed
\nsections of larger municipalities, as defined by the Administrator.
\n(i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE PROJECTS.\u2014
\nNot less than 1\u20442 of 1 percent of funds allotted to a State for each
\nof the fiscal years ending September 30, 1979, through September
\n30, 1990, under subsection (c) of this section shall be expended only
\nfor increasing the Federal share of grants for construction of treatment
\nworks utilizing innovative processes and techniques pursuant
\nto section 202(a)(2) of this Act. Including the expenditures authorized
\nby the preceding sentence, a total of 2 percent of the funds allotted
\nto a State for each of the fiscal years ending September 30,
\n1979, and September 30, 1980, and 3 percent of the funds allotted
\nto a State for the fiscal year ending September 30, 1981, under
\nsubsection (c) of this section shall be expended only for increasing
\ngrants for construction of treatment works pursuant to section
\n202(a)(2) of this Act. Including the expenditures authorized by the
\nfirst sentence of this subsection, a total (as determined by the Governor
\nof the State) of not less than 4 percent nor more than 71\u20442
\npercent of the funds allotted to such State under subsection (c) of
\nthis section for each of the fiscal years ending September 30, 1982,
\nthrough September 30, 1990, shall be expended only for increasing
\nthe Federal share of grants for construction of treatment works
\npursuant to section 202(a)(2) of this Act.
\n(j)(1) The Administrator shall reserve each fiscal year not to
\nexceed 1 per centum of the sums allotted and available for obligation
\nto each State under this section for each fiscal year beginning
\non or after October 1, 1981, or $100,000, whichever amount is the
\ngreater.
\n(2) Such sums shall be used by the Administrator to make
\ngrants to the States to carry out water quality management planning,
\nincluding, but not limited to\u2014
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\nNovember 27, 2002
\n67 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
\n(A) identifying most cost effective and locally acceptable facility
\nand non-point measures to meet and maintain water
\nquality standards;
\n(B) developing an implementation plan to obtain State and
\nlocal financial and regulatory commitments to implement
\nmeasures developed under subparagraph (A);
\n(C) determining the nature, extent, and causes of water
\nquality problems in various areas of the State and interstate
\nregion, and reporting on these annually; and
\n(D) determining those publicly owned treatment works
\nwhich should be constructed with assistance under this title, in
\nwhich areas and in what sequence, taking into account the relative
\ndegree of effluent reduction attained, the relative contributions
\nto water quality of other point or nonpoint sources,
\nand the consideration of alternatives to such construction, and
\nimplementing section 303(e) of this Act.
\n(3) In carrying out planning with grants made under paragraph
\n(2) of this subsection, a State shall develop jointly with local,
\nregional, and interstate entities, a plan for carrying out the program
\nand give funding priority to such entities and designated or
\nundesignated public comprehensive planning organizations to carry
\nout the purposes of this subsection. In giving such priority, the
\nState shall allocate at least 40 percent of the amount granted to
\nsuch State for a fiscal year under paragraph (2) of this subsection
\nto regional public comprehensive planning organizations in such
\nState and appropriate interstate organizations for the development
\nand implementation of the plan described in this paragraph. In any
\nfiscal year for which the Governor, in consultation with such organizations
\nand with the approval of the Administrator, determines
\nthat allocation of at least 40 percent of such amount to such organizations
\nwill not result in significant participation by such organizations
\nin water quality management planning and not significantly
\nassist in development and implementation of the plan described
\nin this paragraph and achieving the goals of this Act, the
\nallocation to such organization may be less than 40 percent of such
\namount.
\n(4) All activities undertaken under this subsection shall be in
\ncoordination with other related provisions of this Act.
\n(5) NONPOINT SOURCE RESERVATION.\u2014In addition to the
\nsums reserved under paragraph (1), the Administrator shall reserve
\neach fiscal year for each State 1 percent of the sums allotted
\nand available for obligation to such State under this section
\nfor each fiscal year beginning on or after October 1, 1986,
\nor $100,000, whichever is greater, for the purpose of carrying
\nout section 319 of this Act. Sums so reserved in a State in any
\nfiscal year for which such State does not request the use of
\nsuch sums, to the extent such sums exceed $100,000, may be
\nused by such State for other purposes under this title.
\n(k) The Administrator shall allot to the State of New York from
\nsums authorized to be appropriated for the fiscal year ending September
\n30, 1982, an amount necessary to pay the entire cost of conveying
\nsewage from the Convention Center of the City of New York
\nto the Newtown sewage treatment plant, Brooklyn-Queens area,
\nNew York. The amount allotted under this subsection shall be in
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\nNovember 27, 2002
\nSec. 205 FEDERAL WATER POLLUTION CONTROL ACT 68
\n1 So in original. Probably should be \u2018\u2018such\u2019\u2019.
\naddition to and not in lieu of any other amounts authorized to be
\nallotted to such State under this Act.
\n(l) MARINE ESTUARY RESERVATION.\u2014
\n(1) RESERVATION OF FUNDS.\u2014
\n(A) GENERAL RULE.\u2014Prior to making allotments
\namong the States under subsection (c) of this section, the
\nAdministrator shall reserve funds from sums appropriated
\npursuant to section 207 for each fiscal year beginning after
\nSeptember 30, 1986.
\n(B) FISCAL YEARS 1987 AND 1988.\u2014For each of fiscal
\nyears 1987 and 1988 the reservation shall be 1 percent of
\nthe sums appropriated pursuant to section 207 for such fiscal
\nyear.
\n(C) FISCAL YEARS 1989 AND 1990.\u2014For each of fiscal
\nyears 1989 and 1990 the reservation shall be 11\u20442 percent
\nof the funds appropriated pursuant to section 207 for such
\nfiscal year.
\n(2) USE OF FUNDS.\u2014Of the sums reserved under this subsection,
\ntwo-thirds shall be available to address water quality
\nproblems of marine bays and estuaries subject to lower levels
\nof water quality due to the impacts of discharges from combined
\nstorm water and sanitary sewer overflows from adjacent
\nurban complexes, and one-third shall be available for the implementation
\nof section 320 of this Act, relating to the national
\nestuary program.
\n(3) PERIOD OF AVAILABILITY.\u2014Sums reserved under this
\nsubsection shall be subject to the period of availability for obligation
\nestablished by subsection (d) of this section.
\n(4) TREATMENT OF CERTAIN BODY OF WATER.\u2014For purposes
\nof this section and section 201(n), Newark Bay, New Jersey,
\nand the portion of the Passaic River up to Little Falls, in the
\nvicinity of Beatties Dam, shall be treated as a marine bay and
\nestuary.
\n(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTION
\nCONTROL REVOLVING FUNDS.\u2014
\n(1) FROM CONSTRUCTION GRANT ALLOTMENTS.\u2014In addition
\nto any amounts deposited in a water pollution control revolving
\nfund established by a State under title VI, upon request of the
\nGovernor of such State, the Administrator shall make available
\nto the State for deposit, as capitalization grants, in such fund
\nin any fiscal year beginning after September 30, 1986, such
\nportion of the amounts allotted to such State under this section
\nfor such fiscal year as the Governor considers appropriate; except
\nthat (A) in fiscal year 1987 such deposit may not exceed
\n50 percent of the amounts allotted to such State under this
\nsection for such fiscal year, and (B) in fiscal year 1988, such
\ndeposit may not exceed 75 percent of the amounts allotted to
\nsuch State under this section for this 1 fiscal year.
\n(2) NOTICE REQUIREMENT.\u2014The Governor of a State may
\nmake a request under paragraph (1) for a deposit into the
\nwater pollution control revolving fund of such State\u2014
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\nNovember 27, 2002
\n69 FEDERAL WATER POLLUTION CONTROL ACT Sec. 206
\n(A) in fiscal year 1987 only if no later than 90 days
\nafter the date of the enactment of this subsection, and
\n(B) in each fiscal year thereafter only if 90 days before
\nthe first day of such fiscal year,
\nthe State provides notice of its intent to make such deposit.
\n(3) EXCEPTION.\u2014Sums reserved under section 205(j) of this
\nAct shall not be available for obligation under this subsection.
\n(33 U.S.C. 1285)
\nREIMBURSEMENT AND ADVANCED CONSTRUCTION
\nSEC. 206. (a) Any publicly owned treatment works in a State
\non which construction was initiated after June 30, 1966, but before
\nJuly 1, 1973, which was approved by the appropriate State water
\npollution control agency and which the Administrator finds meets
\nthe requirements of section 8 of this Act in effect at the time of the
\ninitiation of construction shall be reimbursed a total amount equal
\nto the difference between the amount of Federal financial assistance,
\nif any, received under such section 8 for such project and 50
\nper centum of the cost of such project, or 55 per centum of the
\nproject cost where the Administrator also determines that such
\ntreatment works was constructed in conformity with a comprehensive
\nmetropolitan treatment plan as described in section 8(f) of the
\nFederal Water Pollution Control Act as in effect immediately prior
\nto the date of enactment of the Federal Water Pollution Control Act
\nAmendments of 1972. Nothing in this subsection shall result in any
\nsuch works receiving Federal grants from all sources in excess of
\n80 per centum of the cost of such project.
\n(b) Any publicly owned treatment works constructed with or eligible
\nfor Federal financial assistance under this Act in a State between
\nJune 30, 1956, and June 30, 1966, which was approved by
\nthe State water pollution control agency and which the Administrator
\nfinds meets the requirements of section 8 of this Act prior
\nto the date of enactment of the Federal Water Pollution Control Act
\nAmendments of 1972 but which was constructed without assistance
\nunder such section 8 or which received such assistance in an
\namount less than 30 per centum of the cost of such project shall
\nqualify for payments and reimbursement of State or local funds
\nused for such project from sums allocated to such State under this
\nsection in an amount which shall not exceed the difference between
\nthe amount of such assistance, if any, received for such project and
\n30 per centum of the cost of such project.
\n(c) No publicly owned treatment works shall receive any payment
\nor reimbursement under subsection (a) or (b) of this section
\nunless an application for such assistance is filed with the Administrator
\nwithin the one year period which begins on the date of enactment
\nof the Federal Water Pollution Control Act Amendments of
\n1972. Any application filed within such one year period may be revised
\nfrom time to time, as may be necessary.
\n(d) The Administrator shall allocate to each qualified project
\nunder subsection (a) of this section each fiscal year for which funds
\nare appropriated under subsection (e) of this section an amount
\nwhich bears the same ratio to the unpaid balance of the reimbursement
\ndue such project as the total of such funds for such year
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\nNovember 27, 2002
\nSec. 206 FEDERAL WATER POLLUTION CONTROL ACT 70
\nbears to the total unpaid balance of reimbursement due all such
\napproved projects on the date of enactment of such appropriation.
\nThe Administrator shall allocate to each qualified project under
\nsubsection (b) of this section each fiscal year for which funds are
\nappropriated under subsection (e) of this section an amount which
\nbears the same ratio to the unpaid balance of the reimbursement
\ndue such project as the total of such funds for such year bears to
\nthe total unpaid balance of reimbursement due all such approved
\nprojects on the date of enactment of such appropriation.
\n(e) There is authorized to be appropriated to carry out subsection
\n(a) of this section not to exceed $2,600,000,000 and, to carry
\nout subsection (b) of this section, not to exceed $750,000,000. The
\nauthorizations contained in this subsection shall be the sole source
\nof funds for reimbursements authorized by this section.
\n(f)(1) In any case where a substantial portion of the funds allotted
\nto a State for the current fiscal year under this title have
\nbeen obligated under section 201(g), or will be so obligated in a
\ntimely manner (as determined by the Administrator), and there is
\nconstruction of any treatment work project without the aid of Federal
\nfunds and in accordance with all procedures and all requirements
\napplicable to treatment works projects, except those procedures
\nand requirements which limit construction of projects to
\nthose constructed with the aid of previously allotted Federal funds,
\nthe Administrator, upon his approval of an application made under
\nthis subsection therefore, is authorized to pay the Federal share of
\nthe cost of construction of such project when additional funds are
\nallotted to the State under this title if prior to the construction of
\nthe project the Administrator approves plans, specifications, and
\nestimates therefor in the same manner as other treatment works
\nprojects. The Administrator may not approve an application under
\nthis subsection unless an authorization is in effect for the first fiscal
\nyear in the period for which the application requests payment
\nand such requested payment for that fiscal year does not exceed
\nthe State\u2019s expected allotment from such authorization. The Administrator
\nshall not be required to make such requested payment
\nfor any fiscal year\u2014
\n(A) to the extent that such payment would exceed such
\nState\u2019s allotment of the amount appropriated for such fiscal
\nyear; and
\n(B) unless such payment is for a project which, on the
\nbasis of an approved funding priority list of such State, is eligible
\nto receive such payment based on the allotment and appropriation
\nfor such fiscal year.
\nTo the extent that sufficient funds are not appropriated to pay the
\nfull Federal share with respect to a project for which obligations
\nunder the provisions of this subsection have been made, the Administrator
\nshall reduce the Federal share to such amount less
\nthan 75 per centum as such appropriations do provide.
\n(2) In determining the allotment for any fiscal year under this
\ntitle, any treatment works project constructed in accordance with
\nthis section and without the aid of Federal funds shall not be considered
\ncompleted until an application under the provisions of this
\nsubsection with respect to such project has been approved by the
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\nNovember 27, 2002
\n71 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208
\nAdministrator, or the availability of funds from which this project
\nis eligible for reimbursement has expired, whichever first occurs.
\n(33 U.S.C. 1286)
\nAUTHORIZATION
\nSEC. 207. There is authorized to be appropriated to carry out
\nthis title, other than sections 206(e), 208 and 209, for the fiscal
\nyear ending June 30, 1973, not to exceed $5,000,000,000, for the
\nfiscal year ending June 30, 1974, not to exceed $6,000,000,000, and
\nfor the fiscal year ending June 30, 1975, not to exceed
\n$7,000,000,000, and, subject to such amounts as are provided in appropriation
\nActs for the fiscal year ending September 30, 1977,
\n$1,000,000,000 for the fiscal year ending September 30, 1978,
\n$4,500,000,000 and for the fiscal years ending September 30, 1979,
\nSeptember 30, 1980, not to exceed $5,000,000,000; for the fiscal
\nyear ending September 30, 1981, not to exceed $2,548,837,000; and
\nfor the fiscal years ending September 30, 1982, September 30,
\n1983, September 30, 1984, and September 30, 1985, not to exceed
\n$2,400,000,000 per fiscal year; and for each of the fiscal years ending
\nSeptember 30, 1986, September 30, 1987, and September 30,
\n1988, not to exceed $2,400,000,000; and for each of the fiscal years
\nending September 30, 1989, and September 30, 1990, not to exceed
\n$1,200,000,000.
\n(33 U.S.C. 1287)
\nAREAWIDE WASTE TREATMENT MANAGEMENT
\nSEC. 208. (a) For the purpose of encouraging and facilitating
\nthe development and implementation of areawide waste treatment
\nmanagement plans\u2014
\n(1) The Administrator, within ninety days after the date of
\nenactment of this Act and after consultation with appropriate
\nFederal, State, and local authorities, shall by regulation publish
\nguidelines for the identification of those areas which, as a
\nresult of urban-industrial concentrations or other factors, have
\nsubstantial water quality control problems.
\n(2) The Governor of each State, within sixty days after
\npublication of the guidelines issued pursuant to paragraph (1)
\nof this subsection, shall identify each area within the State
\nwhich, as a result of urban-industrial concentrations or other
\nfactors, has substantial water quality control problems. Not
\nlater than one hundred and twenty days following such identification
\nand after consultation with appropriate elected and
\nother officials of local governments having jurisdiction in such
\nareas, the Governor shall designate (A) the boundaries of each
\nsuch area, and (B) a single representative organization, including
\nelected officials from local governments or their designees,
\ncapable of developing effective areawide waste treatment management
\nplans for such an area. The Governor may in the
\nsame manner at any later time identify any additional area (or
\nmodify an existing area) for which he determines areawide
\nwaste treatment management to be appropriate, designate the
\nboundaries of such area, and designate an organization capable
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\nNovember 27, 2002
\nSec. 208 FEDERAL WATER POLLUTION CONTROL ACT 72
\nof developing effective areawide waste treatment management
\nplans for such area.
\n(3) With respect to any area which, pursuant to the guidelines
\npublished under paragraph (1) of this subsection, is located
\nin two or more States, the Governors of the respective
\nStates shall consult and cooperate in carrying out the provisions
\nof paragraph (2), with a view toward designating the
\nboundaries of the interstate area having common water quality
\ncontrol problems and for which areawide waste treatment
\nmanagement plans would be most effective, and toward designating,
\nwithin one hundred and eighty days after publication
\nof guidelines issued pursuant to paragraph (1) of this subsection,
\nof a single representative organization capable of developing
\neffective areawide waste treatment management
\nplans for such area.
\n(4) If a Governor does not act, either by designating or determining
\nnot to make a designation under paragraph (2) of
\nthis subsection, within the time required by such paragraph, or
\nif, in the case of an interstate area, the Governors of the States
\ninvolved do not designate a planning organization within the
\ntime required by paragraph (3) of this subsection, the chief
\nelected officials of local governments within an area may by
\nagreement designate (A) the boundaries for such an area, and
\n(B) a single representative organization including elected officials
\nfrom such local governments, or their designees, capable
\nof developing an areawide waste treatment management plan
\nfor such area.
\n(5) Existing regional agencies may be designated under
\nparagraphs (2), (3), and (4) of this subsection.
\n(6) The State shall act as a planning agency for all portions
\nof such State which are not designated under paragraphs
\n(2), (3), or (4) of this subsection.
\n(7) Designations under this subsection shall be subject to
\nthe approval of the Administrator.
\n(b)(1)(A) Not later than one year after the date of designation
\nof any organization under subsection (a) of this section such organization
\nshall have in operation a continuing areawide waste treatment
\nmanagement planning process consistent with section 201 of
\nthis Act. Plans prepared in accordance with this process shall contain
\nalternatives for waste treatment management, and be applicable
\nto all wastes generated within the area involved. The initial
\nplan prepared in accordance with such process shall be certified by
\nthe Governor and submitted to the Administrator not later than
\ntwo years after the planning process is in operation.
\n(B) For any agency designated after 1975 under subsection (a)
\nof this section and for all portions of a State for which the State
\nis required to act as the planning agency in accordance with subsection
\n(a)(6), the initial plan prepared in accordance with such
\nprocess shall be certified by the Governor and submitted to the Administrator
\nnot later than three years after the receipt of the initial
\ngrant award authorized under subsection (f) of this section.
\n(2) Any plan prepared under such process shall include, but
\nnot be limited to\u2014
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\nNovember 27, 2002
\n73 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208
\n(A) the identification of treatment works necessary to meet
\nthe anticipated municipal and industrial waste treatment
\nneeds of the area over a twenty-year period, annually updated
\n(including an analysis of alternative waste treatment systems),
\nincluding any requirements for the acquisition of land for
\ntreatment purposes; the necessary waste water collection and
\nurban storm water runoff systems; and a program to provide
\nthe necessary financial arrangements for the development of
\nsuch treatment works, and an identification of open space and
\nrecreation opportunities that can be expected to result from improved
\nwater quality, including consideration of potential use
\nof lands associated with treatment works and increased access
\nto water-based recreation;
\n(B) the establishment of construction priorities for such
\ntreatment works and time schedules for the initiation and completion
\nof all treatment works;
\n(C) the establishment of a regulatory program to\u2014
\n(i) implement the waste treatment management requirements
\nof section 201(c),
\n(ii) regulate the location, modification, and construction
\nof any facilities within such area which may result in
\nany discharge in such area, and
\n(iii) assure that any industrial or commercial waste
\ndischarged into any treatment works in such area meet applicable
\npretreatment requirements;
\n(D) the identification of those agencies necessary to construct,
\noperate, and maintain all facilities required by the plan
\nand otherwise to carry out the plan;
\n(E) the identification of the measures necessary to carry
\nout the plan (including financing), the period of time necessary
\nto carry out the plan, the costs of carrying out the plan within
\nsuch time, and the economic, social, and environmental impact
\nof carrying out the plan within such time;
\n(F) a process to (i) identify, if appropriate, agriculturally
\nand silviculturally related nonpoint sources of pollution, including
\nreturn flows from irrigated agriculture, and their cumulative
\neffects, runoff from manure disposal areas, and from
\nland used for livestock and crop production, and (ii) set forth
\nprocedures and methods (including land use requirements) to
\ncontrol to the extent feasible such sources;
\n(G) a process of (i) identify, if appropriate, mine-related
\nsources of pollution including new, current, and abandoned
\nsurface and underground mine runoff, and (ii) set forth procedures
\nand methods (including land use requirements) to control
\nto the extent feasible such sources;
\n(H) a process to (i) identify construction activity related
\nsources of pollution, and (ii) set forth procedures and methods
\n(including land use requirements) to control to the extent feasible
\nsuch sources;
\n(I) a process to (i) identify, if appropriate, salt water intrusion
\ninto rivers, lakes, and estuaries resulting from reduction
\nof fresh water flow from any cause, including irrigation, obstruction,
\nground water extraction, and diversion, and (ii) set
\nforth procedures and methods to control such intrusion to the
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\nNovember 27, 2002
\nSec. 208 FEDERAL WATER POLLUTION CONTROL ACT 74
\nextent feasible where such procedures and methods are otherwise
\na part of the waste treatment management plan;
\n(J) a process to control the disposition of all residual waste
\ngenerated in such area which could affect water quality; and
\n(K) a process to control the disposal of pollutants on land
\nor in subsurface excavations within such area to protect
\nground and surface water quality.
\n(3) Areawide waste treatment management plans shall be certified
\nannually by the Governor or his designee (or Governors or
\ntheir designees, where more than one State is involved) as being
\nconsistent with applicable basin plans and such areawide waste
\ntreatment management plans shall be submitted to the Administrator
\nfor his approval.
\n(4)(A) Whenever the Governor of any State determines (and notifies
\nthe Administrator) that consistency with a statewide regulatory
\nprogram under section 303 so requires, the requirements of
\nclauses (F) through (K) of paragraph (2) of this subsection shall be
\ndeveloped and submitted by the Governor to the Administrator for
\napproval for application to a class or category of activity throughout
\nsuch State.
\n(B) Any program submitted under subparagraph (A) of this
\nparagraph which, in whole or in part, is to control the discharge
\nor other placement of dredged or fill material into the navigable
\nwaters shall include the following:
\n(i) A consultation process which includes the State agency
\nwith primary jurisdiction over fish and wildlife resources.
\n(ii) A process to identify and manage the discharge or
\nother placement of dredged or fill material which adversely affects
\nnavigable waters, which shall complement and be coordinated
\nwith a State program under section 404 conducted pursuant
\nto this Act.
\n(iii) A process to assure that any activity conducted pursuant
\nto a best management practice will comply with the guidelines
\nestablished under section 404(b)(1), and sections 307 and
\n403 of this Act.
\n(iv) A process to assure that any activity conducted pursuant
\nto a best management practice can be terminated or modified
\nfor cause including, but not limited to, the following:
\n(I) violation of any condition of the best management
\npractice;
\n(II) change in any activity that requires either a temporary
\nor permanent reduction or elimination of the discharge
\npursuant to the best management practice.
\n(v) A process to assure continued coordination with Federal
\nand Federal-State water-related planning and reviewing
\nprocesses, including the National Wetlands Inventory.
\n(C) If the Governor of a State obtains approval from the Administrator
\nof a statewide regulatory program which meets the requirements
\nof subparagraph (B) of this paragraph and if such State
\nis administering a permit program under section 404 of this Act,
\nno person shall be required to obtain an individual permit pursuant
\nto such section, or to comply with a general permit issued pursuant
\nto such section, with respect to any appropriate activity within
\nsuch State for which a best management practice has been ap-
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\nNovember 27, 2002
\n75 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208
\nproved by the Administrator under the program approved by the
\nAdministrator pursuant to this paragraph.
\n(D)(i) Whenever the Administrator determines after public
\nhearing that a State is not administering a program approved
\nunder this section in accordance with the requirements of this section,
\nthe Administrator shall so notify the State, and if appropriate
\ncorrective action is not taken within a reasonable time, not to exceed
\nninety days, the Administrator shall withdraw approval of
\nsuch program. The Administrator shall not withdraw approval of
\nany such program unless he shall first have notified the State, and
\nmade public, in writing, the reasons for such withdrawal.
\n(ii) In the case of a State with a program submitted and approved
\nunder this paragraph, the Administrator shall withdraw approval
\nof such program under this subparagraph only for a substantial
\nfailure of the State to administer its program in accordance
\nwith the requirements of this paragraph.
\n(c)(1) The Governor of each State, in consultation with the
\nplanning agency designated under subsection (a) of this section, at
\nthe time a plan is submitted to the Administrator, shall designate
\none or more waste treatment management agencies (which may be
\nan existing or newly created local, regional or State agency or potential
\nsubdivision) for each area designated under subsection (a)
\nof this section and submit such designations to the Administrator.
\n(2) The Administrator shall accept any such designation, unless,
\nwithin 120 days of such designation, he finds that the designated
\nmanagement agency (or agencies) does not have adequate
\nauthority\u2014
\n(A) to carry out appropriate portions of an areawide waste
\ntreatment management plan developed under subsection (b) of
\nthis section;
\n(B) to manage effectively waste treatment works and related
\nfacilities serving such area in conformance with any plan
\nrequired by subsection (b) of this section;
\n(C) directly or by contract, to design and construct new
\nworks, and to operate and maintain new and existing works as
\nrequired by any plan developed pursuant to subsection (b) of
\nthis section;
\n(D) to accept and utilize grants, or other funds from any
\nsource, for waste treatment management purposes;
\n(E) to raise revenues, including the assessment of waste
\ntreatment charges;
\n(F) to incur short- and long-term indebtedness;
\n(G) to assure in implementation of an areawide waste
\ntreatment management plan that each participating community
\npays its proportionate share of treatment costs;
\n(H) to refuse to receive any wastes from any municipality
\nor subdivision thereof, which does not comply with any provisions
\nof an approved plan under this section applicable to such
\narea; and
\n(I) to accept for treatment industrial wastes.
\n(d) After a waste treatment management agency having the
\nauthority required by subsection (c) has been designated under
\nsuch subsection for an area and a plan for such area has been approved
\nunder subsection (b) of this section, the Administrator shall
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\nNovember 27, 2002
\nSec. 208 FEDERAL WATER POLLUTION CONTROL ACT 76
\n1 So in original. Probably should be \u2018\u2018designated\u2019\u2019.
\nnot make any grant for construction of a publicy owned treatment
\nworks under section 201(g)(1) within such area except to such designated
\nagency and for works in conformity with such plan.
\n(e) No permit under section 402 of this Act shall be issued for
\nany point source which is in conflict with a plan approved pursuant
\nto subsection (b) of this section.
\n(f)(1) The Administrator shall make grants to any agency designated
\nunder subsection (a) of this section for payment of the reasonable
\ncosts of developing and operating a continuing areawide
\nwaste treatment management planning process under subsection
\n(b) of this section.
\n(2) For the two-year period beginning on the date of the first
\ngrant is made under paragraph (1) of this subsection to an agency,
\nif such first grant is made before October 1, 1977, the amount of
\neach such grant to such agency shall be 100 per centum of the costs
\nof developing and operating a continuing areawide waste treatment
\nmanagement planning process under subsection (b) of this section,
\nand thereafter the amount granted to such agency shall not exceed
\n75 per centum of such costs in each succeeding one-year period. In
\nthe case of any other grant made to an agency under such paragraph
\n(1) of this subsection, the amount of such grant shall not exceed
\n75 per centum of the costs of developing and operating a continuing
\nareawide waste treatment management planning process in
\nany year.
\n(3) Each applicant for a grant under this subsection shall submit
\nto the Administrator for his approval each proposal for which
\na grant is applied for under this subsection. The Administrator
\nshall act upon such proposal as soon as practicable after it has
\nbeen submitted, and his approval of that proposal shall be deemed
\na contractual obligation of the United States for the payment of its
\ncontribution to such proposal, subject to such amounts as are provided
\nin appropriation Acts. There is authorized to be appropriated
\nto carry out this subsection not to exceed $50,000,000 for the fiscal
\nyear ending June 30, 1973, not to exceed $100,000,000 for the fiscal
\nyear ending June 30, 1974, not to exceed $150,000,000 per fiscal
\nyear for the fiscal years ending June 30, 1975, September 30, 1977,
\nSeptember 30, 1978, September 30, 1979, and September 30, 1980,
\nnot to exceed $100,000,000 per fiscal year for the fiscal years ending
\nSeptember 30, 1981, and September 30, 1982, and such sums
\nas may be necessary for fiscal years 1983 through 1990.
\n(g) The Administrator is authorized, upon request of the Governor
\nor the designated planning agency, and without reimbursement,
\nto consult with, and provide technical assistance to, any
\nagency designated under subsection (a) of this section in the development
\nof areawide waste treatment management plans under subsection
\n(b) of this section.
\n(h)(1) The Secretary of the Army, acting through the Chief of
\nEngineers, in cooperation with the Administrator is authorized and
\ndirected, upon request of the Governor or the designated planning
\norganization, to consult with, and provide technical assistance to,
\nany agency designed 1 under subsection (a) of this section in devel-<\/p>\n
\nof and demonstration of water quality benefits by the Governor of
\nan affected State.
\n(o) The Administrator shall encourage and assist applicants for
\ngrant assistance under this title to develop and file with the Administrator
\na capital financing plan which, at a minimum\u2014
\n(1) projects the future requirements for waste treatment
\nservices within the applicant\u2019s jurisdiction for a period of no
\nless than ten years;
\n(2) projects the nature, extent, timing, and costs of future
\nexpansion and reconstruction of treatment works which will be
\nnecessary to satisfy the applicant\u2019s projected future requirements
\nfor waste treatment services; and
\n(3) sets forth with specificity the manner in which the applicant
\nintends to finance such future expansion and reconstruction.
\n(p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.\u2014In any case
\nin which a dispute arises with respect to the awarding of a contract
\nfor construction of treatment works by a grantee of funds under
\nthis title and a party to such dispute files an appeal with the Administrator
\nunder this title for resolution of such dispute, the Administrator
\nshall make a final decision on such appeal within 90
\ndays of the filing of such appeal.
\n(33 U.S.C. 1281)
\nFEDERAL SHARE
\nSEC. 202. (a)(1) The amount of any grant for treatment works
\nmade under this Act from funds authorized for any fiscal year beginning
\nafter June 30, 1971, and ending before October 1, 1984,
\nshall be 75 per centum of the cost of construction thereof (as approved
\nby the Administrator), and for any fiscal year beginning on
\nor after October 1, 1984, shall be 55 per centum of the cost of construction
\nthereof (as approved by the Administrator), unless modified
\nto a lower percentage rate uniform throughout a State by the
\nGovernor of that State with the concurrence of the Administrator.
\nWithin ninety days after the enactment of this sentence the Administrator,
\nshall issue guidelines for concurrence in any such modification,
\nwhich shall provide for the consideration of the unobligated
\nbalance of sums allocated to the State under section 205 of
\nthis Act, the need for assistance under this title in such State, and
\nthe availability of State grant assistance to replace the Federal
\nshare reduced by such modification. The payment of any such reduced
\nFederal share shall not constitute an obligation on the part
\nof the United States or a claim on the part of any State or grantee
\nto reimbursement for the portion of the Federal share reduced in
\nany such State. Any grant (other than for reimbursement) made
\nprior to the date of enactment of the Federal Water Pollution Control
\nAct Amendments of 1972 from any funds authorized for any
\nfiscal year beginning after June 30, 1971, shall, upon the request
\nof the applicant, be increased to the applicable percentage under
\nthis section. Notwithstanding the first sentence of this paragraph,
\nin any case where a primary, secondary, or advanced waste treatment
\nfacility or its related interceptors or a project for infiltrationin-
\nflow correction has received a grant for erection, building, acqui-
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n53 FEDERAL WATER POLLUTION CONTROL ACT Sec. 202
\nsition, alteration, remodeling, improvement, extension, or correction
\nbefore October 1, 1984, all segments and phases of such facility,
\ninterceptors, and project for infiltration-in-flow correction shall
\nbe eligible for grants at 75 per centum of the cost of construction
\nthereof for any grant made pursuant to a State obligation which
\nobligation occurred before October 1, 1990. Notwithstanding the
\nfirst sentence of this paragraph, in the case of a project for which
\nan application for a grant under this title has been made to the Administrator
\nbefore October 1, 1984, and which project is under judicial
\ninjunction on such date prohibiting its construction, such
\nproject shall be eligible for grants at 75 percent of the cost of construction
\nthereof. Notwithstanding the first sentence of this paragraph,
\nin the case of the Wyoming Valley Sanitary Authority
\nproject mandated by judicial order under a proceeding begun prior
\nto October 1, 1984, and a project for wastewater treatment for Altoona,
\nPennsylvania, such projects shall be eligible for grants at 75
\npercent of the cost of construction thereof.
\n(2) The amount of any grant made after September 30, 1978,
\nand before October 1, 1981, for any eligible treatment works or significant
\nportion thereof utilizing innovative or alternative wastewater
\ntreatment processes and techniques referred to in section
\n201(g)(5) shall be 85 per centum of the cost of construction thereof,
\nunless modified by the Governor of the State with the concurrence
\nof the Administrator to a percentage rate no less than 15 per centum
\ngreater than the modified uniform percentage rate in which
\nthe Administrator has concurred pursuant to paragraph (1) of this
\nsubsection. The amount of any grant made after September 30,
\n1981, for any eligible treatment works or unit processes and
\ntechinques thereof utilizing innovative or alternative wastewater
\ntreatment processes and techniques referred to in section 201(g)(5)
\nshall be a percentage of the cost of construction thereof equal to 20
\nper centum greater than the percentage in effect under paragraph
\n(1) of this subsection for such works or unit processes and techniques,
\nbut in no event greater than 85 per centum of the cost of
\nconstruction thereof. No grant shall be made under this paragraph
\nfor construction of a treatment works in any State unless the proportion
\nof the State contribution to the non-Federal share of construction
\ncosts for all treatment works in such State receiving a
\ngrant under this paragraph is the same as or greater than the proportion
\nof the State contribution (if any) to the non-Federal share
\nof construction costs for all treatment works receiving grants in
\nsuch State under paragraph (1) of this subsection.
\n(3) In addition to any grant made pursuant to paragraph (2)
\nof this subsection, the Administrator is authorized to make a grant
\nto fund all of the costs of the modification or replacement of any
\nfacilities constructed with a grant made pursuant to paragraph (2)
\nif the Administrator finds that such facilities have not met design
\nperformance specifications unless such failure is attributable to
\nnegligence on the part of any person and if such failure has significantly
\nincreased capital or operating and maintenance expenditures.
\nIn addition, the Administrator is authorized to make a grant
\nto fund all of the costs of the modification or replacement of biodisc
\nequipment (rotating biological contractors) in any publicly owned
\ntreatment works if the Administrator finds that such equipment
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 202 FEDERAL WATER POLLUTION CONTROL ACT 54
\nhas failed to meet design performance specifications, unless such
\nfailure is attributable to negligence on the part of any person, and
\nif such failure has significantly increased capital or operating and
\nmaintenance expenditures.
\n(4) For the purposes of this section, the term \u2018\u2018eligible treatment
\nworks\u2019\u2019 means those treatment works in each State which
\nmeet the requirements of section 201(g)(5) of this Act and which
\ncan be fully funded from funds available for such purpose in such
\nState.
\n(b) The amount of the grant for any project approved by the
\nAdministrator after January 1, 1971, and before July 1, 1971, for
\nthe construction of treatment works, the actual erection, building
\nor acquisition of which was not commenced prior to July 1, 1971,
\nshall, upon the request of the applicant, be increased to the applicable
\npercentage under subsection (a) of this section for grants for
\ntreatment works from funds for fiscal years beginning after June
\n30, 1971, with respect to the cost of such actual erection, building,
\nor acquisition. Such increased amount shall be paid from any funds
\nallocated to the State in which the treatment works is located without
\nregard to the fiscal year for which such funds were authorized.
\nSuch increased amount shall be paid for such project only if\u2014
\n(1) a sewage collection system that is a part of the same
\ntotal waste treatment system as the treatment works for which
\nsuch grant was approved is under construction or is to be constructed
\nfor use in conjunction with such treatment works, and
\nif the cost of such sewage collection system exceeds the cost of
\nsuch treatment works, and
\n(2) the State water pollution control agency or other appropriate
\nState authority certifies that the quantity of available
\nground water will be insufficient, inadequate, or unsuitable for
\npublic use, including the ecological preservation and recreational
\nuse of surface water bodies, unless effluents from
\npublicly-owned treatment works after adequate treatment are
\nreturned to the ground water consistent with acceptable technological
\nstandards.
\n(c) Notwithstanding any other provision of law, sums allotted
\nto the Commonwealth of Puerto Rico under section 205 of this Act
\nfor fiscal year 1981 shall remain available for obligation for the fiscal
\nyear for which authorized and for the period of the next succeeding
\ntwenty-four months. Such sums and any unobligated funds
\navailable to Puerto Rico from allotments for fiscal years ending
\nprior to October 1, 1981, shall be available for obligation by the Administrator
\nof the Environmental Protection Agency only to fund
\nthe following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and
\nCamuy Hatillo. These funds may be used by the Commonwealth of
\nPuerto Rico to fund the non-Federal share of the costs of such
\nprojects. To the extent that these funds are used to pay the non-
\nFederal share, the Commonwealth of Puerto Rico shall repay to the
\nEnvironmental Protection Agency such amounts on terms and conditions
\ndeveloped and approved by the Administrator in consultation
\nwith the Governor of the Commonwealth of Puerto Rico.
\nAgreement on such terms and conditions including the payment of
\ninterest to be determined by the Secretary of the Treasury, shall
\nbe reached prior to the use of these funds for the Commonwealth\u2019s
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n55 FEDERAL WATER POLLUTION CONTROL ACT Sec. 203
\nnon-Federal share. No Federal funds awarded under this provision
\nshall be used to replace local governments funds previously expended
\non these projects.
\n(33 U.S.C. 1282)
\nPLANS, SPECIFICATIONS, ESTIMATES, AND PAYMENTS
\nSEC. 203. (a)(1) Each applicant for a grant shall submit to the
\nAdministrator for his approval, plans, specifications, and estimates
\nfor each proposed project for the construction of treatment works
\nfor which a grant is applied for under section 201(g)(1) from funds
\nallotted to the State under section 205 and which otherwise meets
\nthe requirements of this Act. The Administrator shall act upon
\nsuch plans, specifications, and estimates as soon as practicable
\nafter the same have been submitted, and his approval of any such
\nplans, specifications, and estimates shall be deemed a contractual
\nobligation of the United States for the payment of its proportional
\ncontribution to such project.
\n(2) AGREEMENT ON ELIGIBLE COSTS.\u2014
\n(A) LIMITATION ON MODIFICATIONS.\u2014Before taking
\nfinal action on any plans, specifications, and estimates
\nsubmitted under this subsection after the 60th day following
\nthe date of the enactment of the Water Quality Act
\nof 1987, the Administrator shall enter into a written agreement
\nwith the applicant which establishes and specifies
\nwhich items of the proposed project are eligible for Federal
\npayments under this section. The Administrator may not
\nlater modify such eligibility determinations unless they are
\nfound to have been made in violation of applicable Federal
\nstatutes and regulations.
\n(B) LIMITATION ON EFFECT.\u2014Eligibility determinations
\nunder this paragraph shall not preclude the Administrator
\nfrom auditing a project pursuant to section 501 of this Act,
\nor other authority, or from withholding or recovering Federal
\nfunds for costs which are found to be unreasonable,
\nunsupported by adequate documentation, or otherwise unallowable
\nunder applicable Federal costs principles, or
\nwhich are incurred on a project which fails to meet the design
\nspecifications or effluent limitations contained in the
\ngrant agreement and permit pursuant to section 402 of
\nthis Act for such project.
\n(3) In the case of a treatment works that has an estimated
\ntotal cost of $8,000,000 of less (as determined by the Administrator),
\nand the population of the applicant municipality is twentyfive
\nthousand or less (according to the most recent United States
\ncensus), upon completion of an approved facility plan, a single
\ngrant may be awarded for the combined Federal share of the cost
\nof preparing construction plans and specifications, and the building
\nand erection of the treatment works.
\n(b) The Administrator shall, from time to time as the work progresses,
\nmake payments to the recipient of a grant for costs of construction
\nincurred on a project. These payments shall at no time
\nexceed the Federal share of the cost of construction incurred to the
\ndate of the voucher covering such payment plus the Federal share
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 203 FEDERAL WATER POLLUTION CONTROL ACT 56
\nof the value of the materials which have been stockpiled in the vicinity
\nof such construction in conformity to plans and specifications
\nfor the project.
\n(c) After completion of a project and approval of the final
\nvoucher by the Administrator, he shall pay out of the appropriate
\nsums the unpaid balance of the Federal share payable on account
\nof such project.
\n(d) Nothing in this Act shall be construed to require, or to authorize
\nthe Administrator to require, that grants under this Act for
\nconstruction of treatment works be made only for projects which
\nare operable units usable for sewage collection, transportation,
\nstorage, waste treatment, or for similar purposes without additional
\nconstruction.
\n(e) At the request of a grantee under this title, the Administrator
\nis authorized to provide technical and legal assistance in the
\nadministration and enforcement of any contract in connection with
\ntreatment works assisted under this title, and to intervene any
\ncivil action involving the enforcement of such a contract.
\n(f) DESIGN\/BUILD PROJECTS.\u2014
\n(1) AGREEMENT.\u2014Consistent with State law, an applicant
\nwho proposes to construct waste water treatment works may
\nenter into an agreement with the Administrator under this
\nsubsection providing for the preparation of construction plans
\nand specifications and the erection of such treatment works, in
\nlieu of proceeding under the other provisions of this section.
\n(2) LIMITATION ON PROJECTS.\u2014Agreements under this subsection
\nshall be limited to projects under an approved facility
\nplan which projects are\u2014
\n(A) treatment works that have an estimated total cost
\nof $8,000,000 or less; and
\n(B) any of the following types of waste water treatment
\nsystems: aerated lagoons, trickling filters, stabilization
\nponds, land application systems, sand filters, and subsurface
\ndisposal systems.
\n(3) REQUIRED TERMS.\u2014An agreement entered into under
\nthis subsection shall\u2014
\n(A) set forth an amount agreed to as the maximum
\nFederal contribution to the project, based upon a competitively
\nbid document of basic design data and applicable
\nstandard construction specifications and a determination
\nof the federally eligible costs of the project at the applicable
\nFederal share under section 202 of this Act;
\n(B) set forth dates for the start and completion of construction
\nof the treatment works by the applicant and a
\nschedule of payments of the Federal contribution to the
\nproject;
\n(C) contain assurances by the applicant that (i) engineering
\nand management assistance will be provided to
\nmanage the project; (ii) the proposed treatment works will
\nbe an operable unit and will meet all the requirements of
\nthis title; and (iii) not later than 1 year after the date specified
\nas the date of completion of construction of the treatment
\nworks, the treatment works will be operating so as
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\nNovember 27, 2002
\n57 FEDERAL WATER POLLUTION CONTROL ACT Sec. 204
\nto meet the requirements of any applicable permit for such
\ntreatment works under section 402 of this Act;
\n(D) require the applicant to obtain a bond from the
\ncontractor in an amount determined necessary by the Administrator
\nto protect the Federal interest in the project;
\nand
\n(E) contain such other terms and conditions as are
\nnecessary to assure compliance with this title (except as
\nprovided in paragraph (4) of this subsection).
\n(4) LIMITATION ON APPLICATION.\u2014Subsections (a), (b), and
\n(c) of this section shall not apply to grants made pursuant to
\nthis subsection.
\n(5) RESERVATION TO ASSURE COMPLIANCE.\u2014The Administrator
\nshall reserve a portion of the grant to assure contract
\ncompliance until final project approval as defined by the Administrator.
\nIf the amount agreed to under paragraph (3)(A)
\nexceeds the cost of designing and constructing the treatment
\nworks, the Administrator shall reallot the amount of the excess
\nto the State in which such treatment works are located for the
\nfiscal year in which such audit is completed.
\n(6) LIMITATION ON OBLIGATIONS.\u2014The Administrator shall
\nnot obligate more than 20 percent of the amount allotted to a
\nState for a fiscal year under section 205 of this Act for grants
\npursuant to this subsection.
\n(7) ALLOWANCE.\u2014The Administrator shall determine an allowance
\nfor facilities planning for projects constructed under
\nthis subsection in accordance with section 201(l).
\n(8) LIMITATION ON FEDERAL CONTRIBUTIONS.\u2014In no event
\nshall the Federal contribution for the cost of preparing construction
\nplans and specifications and the building and erection
\nof treatment works pursuant to this subsection exceed the
\namount agreed upon under paragraph (3).
\n(9) RECOVERY ACTION.\u2014In any case in which the recipient
\nof a grant made pursuant to this subsection does not comply
\nwith the terms of the agreement entered into under paragraph
\n(3), the Administrator is authorized to take such action as may
\nbe necessary to recover the amount of the Federal contribution
\nto the project.
\n(10) PREVENTION OF DOUBLE BENEFITS.\u2014A recipient of a
\ngrant made pursuant to this subsection shall not be eligible for
\nany other grants under this title for the same project.
\n(33 U.S.C. 1283)
\nLIMITATIONS AND CONDITIONS
\nSEC. 204. (a) Before approving grants for any project for any
\ntreatment works under section 201(g)(1) the Administrator shall
\ndetermine\u2014
\n(1) that any required areawide waste treatment management
\nplan under section 208 of this Act (A) is being implemented
\nfor such area and the proposed treatment works are included
\nin such plan, or (B) is being developed for such area and
\nreasonable progress is being made toward its implementation
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 204 FEDERAL WATER POLLUTION CONTROL ACT 58
\n1 So in law. The period should be a semicolon.
\nand the proposed treatment works will be included in such
\nplan;
\n(2) that (A) the State in which the project is to be located
\n(i) is implementing any required plan under section 303(e) of
\nthis Act and the proposed treatment works are in conformity
\nwith such plan, or (ii) is developing such a plan and the proposed
\ntreatment works will be in conformity with such plan,
\nand (B) such State is in compliance with section 305(b) of this
\nAct;
\n(3) that such works have been certified by the appropriate
\nState water pollution control agency as entitled to priority over
\nsuch other works in the State in accordance with any applicable
\nState plan under section 303(e) of this Act, except that any
\npriority list developed pursuant to section 303(e)(3)(H) may be
\nmodified by such State in accordance with regulations promulgated
\nby the Administrator to give higher priority for grants
\nfor the Federal share of the cost of preparing construction
\ndrawings and specifications for any treatment works utilizing
\nprocesses and techniques meeting the guidelines promulgated
\nunder section 304(d)(3) of this Act for grants for the combined
\nFederal share of the cost of preparing construction drawings
\nand specifications and the building and erection of any treatment
\nworks meeting the requirements of the next to the last
\nsentence of section 203(a) of this Act which utilizes processes
\nand techniques meeting the guidelines promulgated under section
\n304(d)(3) of this Act.1
\n(4) that the applicant proposing to construct such works
\nagrees to pay the non-Federal costs of such works and has
\nmade adequate provisions satisfactory to the Administrator for
\nassuring proper and efficient operation, including the employment
\nof trained management and operations personnel, and
\nthe maintenance of such works in accordance with a plan of operation
\napproved by the state water pollution control agency
\nor, as appropriate, the interstate agency, after construction
\nthereof;
\n(5) that the size and capacity of such works relate directly
\nto the needs to be served by such works, including sufficient
\nreserve capacity. The amount of reserve capacity provided shall
\nbe approved by the Administrator on the basis of a comparison
\nof the cost of constructing such reserves as a part of the works
\nto be funded and the anticipated cost of providing expanded capacity
\nat a date when such capacity will be required, after taking
\ninto account, in accordance with regulations promulgated
\nby the Administrator, efforts to reduce total flow of sewage and
\nunnecessary water consumption. The amount of reserve capacity
\neligible for a grant under this title shall be determined by
\nthe Administrator taking into account the projected population
\nand associated commercial and industrial establishments within
\nthe jurisdiction of the applicant to be served by such treatment
\nworks as identified in an approved facilities plan, an
\nareawide plan under section 208, or an applicable municipal
\nmaster plan of development. For the purpose of this paragraph,
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n59 FEDERAL WATER POLLUTION CONTROL ACT Sec. 204
\nsection 208, and any such plan, projected population shall be
\ndetermined on the basis of the latest information available
\nfrom the United States Department of Commerce or from the
\nStates as the Administrator, by regulation, determines appropriate.
\nBeginning October 1, 1984, no grants shall be made
\nunder this title to construct that portion of any treatment
\nworks providing reserve capacity in excess of existing needs
\n(including existing needs of residential, commercial, industrial,
\nand other users) on the date of approval of a grant for the erection,
\nbuilding, acquisition, alteration, remodeling, improvement,
\nor extension of a project for secondary treatment or more
\nstringent treatment or new interceptors and appurtenances,
\nexcept that in no event shall reserve capacity of a facility and
\nits related interceptors to which this subsection applies be in
\nexcess of existing needs on October 1, 1990. In any case in
\nwhich an applicant proposes to provide reserve capacity greater
\nthan that eligible for Federal financial assistance under this
\ntitle, the incremental costs of the additional reserve capacity
\nshall be paid by the applicant;
\n(6) that no specification for bids in connection with such
\nworks shall be written in such a manner as to contain proprietary,
\nexclusionary, or discriminatory requirements other than
\nthose based upon performance, unless such requirements are
\nnecessary to test or demonstrate a specific thing or to provide
\nfor necessary interchangeability of parts and equipment. When
\nin the judgment of the grantee, it is impractical or uneconomical
\nto make a clear and accurate description of the technical
\nrequirements, a \u2018\u2018brand name or equal\u2019\u2019 description may
\nbe used as a means to define the performance or other salient
\nrequirements of a procurement, and in doing so the grantee
\nneed not establish the existence of any source other than the
\nbrand or source so named.
\n(b)(1) Notwithstanding any other provision of this title, the Administrator
\nshall not approve any grant for any treatment works
\nunder section 201(g)(1) after March 1, 1973, unless he shall first
\nhave determined that the applicant (A) has adopted or will adopt
\na system of charges to assure that each recipient of waste treatment
\nservices within the applicant\u2019s jurisdiction, as determined by
\nthe Administrator, will pay its proportionate share (except as otherwise
\nprovided in this paragraph) of the costs of operation and
\nmaintenance (including replacement) of any waste treatment services
\nprovided by the applicant; and (B) has legal, institutional,
\nmanagerial, and financial capability to insure adequate construction,
\noperation, and maintenance of treatment works throughout
\nthe applicant\u2019s jurisdiction, as determined by the Administrator. In
\nany case where an applicant which, as of the date of enactment of
\nthis sentence, uses a system of dedication ad valorem taxes and the
\nAdministrator determines that the applicant has a system of
\ncharges which results in the distribution of operation and maintenance
\ncosts for treatment works within the applicant\u2019s jurisdiction,
\nto each user class, in proportion to the contribution to the total cost
\nof operation and maintenance of such works by each user class
\n(taking into account total waste water loading of such works, the
\nconstituent elements of the waste, and other appropriate factors),
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\nNovember 27, 2002
\nSec. 204 FEDERAL WATER POLLUTION CONTROL ACT 60
\nand such applicant is otherwise in compliance with clause (A) of
\nthis paragraph with respect to each industrial user, then such dedication
\nad valorem tax system shall be deemed to be the user charge
\nsystem meeting the requirements of clause (A) of this paragraph
\nfor the residential user class and such small non-residential user
\nclasses as defined by the Administrator. In defining small non-residential
\nusers, the Administrator shall consider the volume of
\nwastes discharged into the treatment works by such users and the
\nconstituent elements of such wastes as well as such other factors
\nas he deems appropriate. A system of user charges which imposes
\na lower charge for low-income residential users (as defined by the
\nAdministrator) shall be deemed to be a user charge system meeting
\nthe requirements of clause (A) of this paragraph if the Administrator
\ndetermines that such system was adopted after public notice
\nand hearing.
\n(2) The Administrator shall, within one hundred and eighty
\ndays after the date of enactment of the Federal Water Pollution
\nControl Act Amendments of 1972, and after consultation with appropriate
\nState, interstate, municipal and intermunicipal agencies,
\nissue guidelines applicable to payment of waste treatment costs by
\nindustrial and nonindustrial receipts of waste treatment services
\nwhich shall establish (A) classes of users of such services, including
\ncategories of industrial users; (B) criteria against which to determine
\nthe adequacy of charges imposed on classes and categories of
\nusers reflecting all factors that influence the cost of waste treatment,
\nincluding strength, volume, and delivery flow rate characteristics
\nof waste; and (C) model systems and rates of user charges
\ntypical of various treatment works serving municipal-industrial
\ncommunities.
\n(3) Approval by the Administrator of a grant to an interstate
\nagency established by interstate compact for any treatment works
\nshall satisfy any other requirement that such works be authorized
\nby Act of Congress.
\n(4) A system of charges which meets the requirement of clause
\n(A) of paragraph (1) of this subsection may be based on something
\nother than metering the sewage or water supply flow of residential
\nrecipients of waste treatment services, including ad valorem taxes.
\nIf the system of charges is based on something other than metering
\nthe Administrator shall require (A) the applicant to establish a system
\nby which the necessary funds will be available for the proper
\noperation and maintenance of the treatment works; and (B) the applicant
\nto establish a procedure under which the residential user
\nwill be notified as to that portion of his total payment which will
\nbe allocated to the costs of the waste treatment services.
\n(c) The next to the last sentence of paragraph (5) of subsection
\n(a) of this section shall not apply in any case where a primary, secondary,
\nor advanced waste treatment facility or its related interceptors
\nhas received a grant for erection, building, acquisition, alteration,
\nremodeling, improvement, or extension before October 1,
\n1984, and all segments and phases of such facility and interceptors
\nshall be funded based on a 20-year reserve capacity in the case of
\nsuch facility and a 20-year reserve capacity in the case of such
\ninterceptors, except that, if a grant for such interceptors has been
\napproved prior to the date of enactment of the Municipal Waste-
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\n61 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
\nwater Treatment Construction Grant Amendments of 1981, such
\ninterceptors shall be funded based on the approved reserve capacity
\nnot to exceed 40 years.
\n(d)(1) A grant for the construction of treatment works under
\nthis title shall provide that the engineer or engineering firm supervising
\nconstruction or providing architect engineering services during
\nconstruction shall continue its relationship to the grant applicant
\nfor a period of one year after the completion of construction
\nand initial operation of such treatment works. During such period
\nsuch engineer or engineering firm shall supervise operation of the
\ntreatment works, train operating personnel, and prepare curricula
\nand training material for operating personnel. Costs associated
\nwith the implementation of this paragraph shall be eligible for Federal
\nassistance in accordance with this title.
\n(2) On the date one year after the completion of construction
\nand initial operation of such treatment works, the owner and operator
\nof such treatment works shall certify to the Administrator
\nwhether or not such treatment works meet the design specifications
\nand effluent limitations contained in the grant agreement and
\npermit pursuant to section 402 of the Act for such works. If the
\nowner and operator of such treatment works cannot certify that
\nsuch treatment works meet such design specifications and effluent
\nlimitations, any failure to meet such design specifications and effluent
\nlimitations shall be corrected in a timely manner, to allow such
\naffirmative certification, at other than Federal expense.
\n(3) Nothing in this section shall be construed to prohibit a
\ngrantee under this title from requiring more assurances, guarantees,
\nor indemnity or other contractual requirements from any
\nparty to a contract pertaining to a project assisted under this title,
\nthan those provided under this subsection.
\n(33 U.S.C. 1284)
\nALLOTMENT
\nSEC. 205. (a) Sums authorized to be appropriated pursuant to
\nsection 207 for each fiscal year beginning after June 30, 1972, before
\nSeptember 30, 1977, shall be allotted by the Administrator not
\nlater than the January 1st immediately preceding the beginning of
\nthe fiscal year for which authorized, except that the allotment for
\nfiscal year 1973 shall be made not later than 30 days after the date
\nof enactment of the Federal Water Pollution Control Act Amendments
\nof 1972. Such sums shall be allotted among the States by
\nthe Administrator in accordance with regulations promulgated by
\nhim, in the ratio that the estimated cost of constructing all needed
\npublicly owned treatment works in each State bears to the estimated
\ncost of construction of all needed publicly owned treatment
\nworks in all of the States. For the fiscal years ending June 30,
\n1973, and June 30, 1974, such ratio shall be determined on the
\nbasis of table III of House Public Works Committee Print No. 92\u2013
\n50. For the fiscal year ending June 30, 1975, such ratio shall be
\ndetermined one-half on the basis of table I of House Public Works
\nCommittee Print Numbered 93\u201328 and one-half on the basis of
\ntable II of such print, except that no State shall receive an allotment
\nless than that which it received for the fiscal year ending
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 205 FEDERAL WATER POLLUTION CONTROL ACT 62
\nJune 30, 1972, as set forth in table III of such print. Allotments
\nfor fiscal years which begin after the fiscal year ending June 30,
\n1975 shall be made only in accordance with a revised cost estimate
\nmade and submitted to Congress in accordance with section 516 of
\nthis Act and only after such revised cost estimate shall have been
\napproved by law specifically enacted hereafter.
\n(b)(1) Any sums allotted to a State under subsection (a) shall
\nbe available for obligation under section 203 on and after the date
\nof such allotment. Such sums shall continue available for obligation
\nin such State for a period of one year after the close of the fiscal
\nyear for which such sums are authorized. Any amounts so allotted
\nwhich are not obligated by the end of such one-year period shall
\nbe immediately reallotted by the Administrator, in accordance with
\nregulations promulgated by him, generally on the basis of the ratio
\nused in making the last allotment of sums under this section. Such
\nreallotted sums shall be added to the last allotments made to the
\nStates. Any sum made available to a State by reallotment under
\nthis subsection shall be in addition to any funds otherwise allotted
\nto such State for grants under this title during any fiscal year.
\n(2) Any sums which have been obligated under section 203 and
\nwhich are released by the payment of the final voucher for the
\nproject shall be immediately credited to the State to which such
\nsums were last allotted. Such released sums shall be added to the
\namounts last allotted to such State and shall be immediately available
\nfor obligation in the same manner and to the same extent as
\nsuch last allotment.
\n(c)(1) Sums authorized to be appropriated pursuant to section
\n207 for the fiscal years during the period beginning October 1,
\n1977, and ending September 30, 1981, shall be allotted for each
\nsuch year by the Administrator not later than the tenth day which
\nbegins after the date of enactment of the Clean Water Act of 1977.
\nNot-withstanding any other provision of law, sums authorized for
\nthe fiscal years ending September 30, 1978, September 30, 1979,
\nSeptember 30, 1980, and September 30, 1981, shall be allotted in
\naccordance with table 3 of Committee Print Numbered 95\u201330 of the
\nCommittee on Public Works and Transportation of the House of
\nRepresentatives.
\n(2) Sums authorized to be appropriated pursuant to section 207
\nfor the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for
\neach such year by the Administrator not later than the tenth day
\nwhich begins after the date of enactment of the Municipal Wastewater
\nTreatment Construction Grant Amendments of 1981. Notwithstanding
\nany other provision of law, sums authorized for the
\nfiscal year ending September 30, 1982, shall be allotted in accordance
\nwith table 3 of Committee Print Numbered 95\u201330 of the Committee
\non Public Works and Transportation of the House of Representatives.
\nSums authorized for the fiscal years ending September
\n30, 1983, September 30, 1984, September 30, 1985, and
\nSeptember 30, 1986, shall be allotted in accordance with the following
\ntable:
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\nNovember 27, 2002
\n63 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
\nFiscal years 1983
\nthrough 1985 1
\nStates:
\nAlabama ………………………………………………………………………………………. .011398
\nAlaska ………………………………………………………………………………………….. .006101
\nArizona ………………………………………………………………………………………… .006885
\nArkansas ……………………………………………………………………………………… .006668
\nCalifornia …………………………………………………………………………………….. .072901
\nColorado ………………………………………………………………………………………. .008154
\nConnecticut ………………………………………………………………………………….. .012487
\nDelaware ……………………………………………………………………………………… .004965
\nDistrict of Columbia ……………………………………………………………………… .004965
\nFlorida …………………………………………………………………………………………. .034407
\nGeorgia ………………………………………………………………………………………… .017234
\nHawaii …………………………………………………………………………………………. .007895
\nIdaho ……………………………………………………………………………………………. .004965
\nIllinois ………………………………………………………………………………………….. .046101
\nIndiana ………………………………………………………………………………………… .024566
\nIowa …………………………………………………………………………………………….. .013796
\nKansas …………………………………………………………………………………………. .009201
\nKentucky ……………………………………………………………………………………… .012973
\nLouisiana ……………………………………………………………………………………… .011205
\nMaine …………………………………………………………………………………………… .007788
\nMaryland ……………………………………………………………………………………… .024653
\nMassachusetts ………………………………………………………………………………. .034608
\nMichigan ………………………………………………………………………………………. .043829
\nMinnesota …………………………………………………………………………………….. .018735
\nMississippi …………………………………………………………………………………… .009184
\nMissouri ……………………………………………………………………………………….. .028257
\nMontana ………………………………………………………………………………………. .004965
\nNebraska ……………………………………………………………………………………… .005214
\nNevada ………………………………………………………………………………………… .004965
\nNew Hampshire ……………………………………………………………………………. .010186
\nNew Jersey …………………………………………………………………………………… .041654
\nNew Mexico ………………………………………………………………………………….. .004965
\nNew York …………………………………………………………………………………….. .113097
\nNorth Carolina ……………………………………………………………………………… .018396
\nNorth Dakota ……………………………………………………………………………….. .004965
\nOhio …………………………………………………………………………………………….. .057383
\nOklahoma …………………………………………………………………………………….. .008235
\nOregon …………………………………………………………………………………………. .011515
\nPennsylvania ………………………………………………………………………………… .040377
\nRhode Island ………………………………………………………………………………… .006750
\nSouth Carolina ……………………………………………………………………………… .010442
\nSouth Dakota ……………………………………………………………………………….. .004965
\nTennessee …………………………………………………………………………………….. .014807
\nTexas …………………………………………………………………………………………… .038726
\nUtah …………………………………………………………………………………………….. .005371
\nVermont ……………………………………………………………………………………….. .004965
\nVirginia ……………………………………………………………………………………….. .020861
\nWashington ………………………………………………………………………………….. .017726
\nWest Virginia ……………………………………………………………………………….. .015890
\nWisconsin …………………………………………………………………………………….. .027557
\nWyoming ……………………………………………………………………………………… .004965
\nSamoa ………………………………………………………………………………………….. .000915
\nGuam …………………………………………………………………………………………… .000662
\nNorthern Marianas ……………………………………………………………………….. .000425
\nPuerto Rico …………………………………………………………………………………… .013295
\nPacific Trust Territories ………………………………………………………………… .001305
\nVirgin Islands ………………………………………………………………………………. .000531
\nUnited States totals ……………………………………………………………….. .999996
\n1 So in original. Probably should be \u2018\u20181986\u2019\u2019.
\n(3) FISCAL YEARS 1987\u20131990.\u2014Sums authorized to be appropriated
\npursuant to section 207 for the fiscal years 1987, 1988,
\n1989, and 1990 shall be allotted for each such year by the Administrator
\nnot later than the 10th day which begins after the
\nQ:\\COMP\\WATER2\\CLEANWAT.002
\nNovember 27, 2002
\nSec. 205 FEDERAL WATER POLLUTION CONTROL ACT 64
\ndate of the enactment of this paragraph. Sums authorized for
\nsuch fiscal years shall be allotted in accordance with the following
\ntable:
\nStates:
\nAlabama ………………………………………………………………………………………. .011309
\nAlaska ………………………………………………………………………………………….. .006053
\nArizona ………………………………………………………………………………………… .006831
\nArkansas ……………………………………………………………………………………… .006616
\nCalifornia …………………………………………………………………………………….. .072333
\nColorado ………………………………………………………………………………………. .008090
\nConnecticut ………………………………………………………………………………….. .012390
\nDelaware ……………………………………………………………………………………… .004965
\nDistrict of Columbia ……………………………………………………………………… .004965
\nFlorida …………………………………………………………………………………………. .034139
\nGeorgia ………………………………………………………………………………………… .017100
\nHawaii …………………………………………………………………………………………. .007833
\nIdaho ……………………………………………………………………………………………. .004965
\nIllinois ………………………………………………………………………………………….. .045741
\nIndiana ………………………………………………………………………………………… .024374
\nIowa …………………………………………………………………………………………….. .013688
\nKansas …………………………………………………………………………………………. .009129
\nKentucky ……………………………………………………………………………………… .012872
\nLouisiana ……………………………………………………………………………………… .011118
\nMaine …………………………………………………………………………………………… .007829
\nMaryland ……………………………………………………………………………………… .024461
\nMassachusetts ………………………………………………………………………………. .034338
\nMichigan ………………………………………………………………………………………. .043487
\nMinnesota …………………………………………………………………………………….. .018589
\nMississippi …………………………………………………………………………………… .009112
\nMissouri ……………………………………………………………………………………….. .028037
\nMontana ………………………………………………………………………………………. .004965
\nNebraska ……………………………………………………………………………………… .005173
\nNevada ………………………………………………………………………………………… .004965
\nNew Hampshire ……………………………………………………………………………. .010107
\nNew Jersey …………………………………………………………………………………… .041329
\nNew Mexico ………………………………………………………………………………….. .004965
\nNew York …………………………………………………………………………………….. .111632
\nNorth Carolina ……………………………………………………………………………… .018253
\nNorth Dakota ……………………………………………………………………………….. .004965
\nOhio …………………………………………………………………………………………….. .056936
\nOklahoma …………………………………………………………………………………….. .008171
\nOregon …………………………………………………………………………………………. .011425
\nPennsylvania ………………………………………………………………………………… .040062
\nRhode Island ………………………………………………………………………………… .006791
\nSouth Carolina ……………………………………………………………………………… .010361
\nSouth Dakota ……………………………………………………………………………….. .004965
\nTennessee …………………………………………………………………………………….. .014692
\nTexas …………………………………………………………………………………………… .046226
\nUtah …………………………………………………………………………………………….. .005329
\nVermont ……………………………………………………………………………………….. .004965
\nVirginia ……………………………………………………………………………………….. .020698
\nWashington ………………………………………………………………………………….. .017588
\nWest Virginia ……………………………………………………………………………….. .015766
\nWisconsin …………………………………………………………………………………….. .027342
\nWyoming ……………………………………………………………………………………… .004965
\nAmerican Samoa …………………………………………………………………………… .000908
\nGuam …………………………………………………………………………………………… .000657
\nNorthern Marianas ……………………………………………………………………….. .000422
\nPuerto Rico …………………………………………………………………………………… .013191
\nPacific Trust Territories ………………………………………………………………… .001295
\nVirgin Islands ………………………………………………………………………………. .000527
\n(d) Sums allotted to the States for a fiscal year shall remain
\navailable for obligation for the fiscal year for which authorized and
\nfor the period of the next succeeding twelve months. The amount
\nof any allotment not obligated by the end of such twenty-four-
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\nNovember 27, 2002
\n65 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
\n1 P.L. 97\u2013117 added this phrase with a period at the end; probably should be a comma.
\nmonth period shall be immediately reallotted by the Administrator
\non the basis of the same ratio as applicable to sums allotted for the
\nthen current fiscal year, except that none of the funds reallotted by
\nthe Administrator for fiscal year 1978 and for fiscal years thereafter
\nshall be allotted to any State which failed to obligate any of
\nthe funds being reallotted. Any sum made available to a State by
\nreallotment under this subsection shall be in addition to any funds
\notherwise allotted to such State for grants under this title during
\nany fiscal year.
\n(e) For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983,
\n1984, 1985, 1986, 1987, 1988, 1989, and 1990, no State shall receive
\nless than one-half of 1 per centum of the total allotment
\nunder subsection (c) of this section, except that in the case of
\nGuam, Virgin Islands, American Samoa, and the Trust Territories
\nnot more than thirty-three one-hundredths of 1 per centum in the
\naggregate shall be allotted to all four for these jurisdictions. For
\nthe purpose of carrying out this subsection there are authorized to
\nbe appropriated, subject to such amounts as are provided in appropriation
\nActs, not to exceed $75,000,000 for each fiscal years 1978,
\n1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989,
\nand 1990. If for any fiscal year the amount appropriated under authority
\nof this subsection is less than the amount necessary to
\ncarry out this subsection, the amount each State receives under
\nthis subsection for such year shall be the same ratio for the amount
\nsuch State would have received under this subsection in such year
\nif the amount necessary to carry it out had been appropriated as
\nthe amount appropriated for such year bears to the amount necessary
\nto carry out this subsection for such year.
\n(f) Notwithstanding any other provision of this section, sums
\nmade available between January 1, 1975, and March 1, 1975, by
\nthe Administrator for obligation shall be available for obligation
\nuntil September 30, 1978.
\n(g)(1) The Administrator is authorized to reserve each fiscal
\nyear not to exceed 2 per centum of the amount authorized under
\nsection 207 of this title for purposes of the allotment made to each
\nState under this section on or after October 1, 1977, except in the
\ncase of any fiscal year beginning on or after October 1, 1981, and
\nending before October 1, 1994, in which case the percentage authorized
\nto be reserved shall not exceed 4 per centum.1 or $400,000
\nwhichever amount is the greater. Sums so reserved shall be available
\nfor making grants to such State under paragraph (2) of this
\nsubsection for the same period as sums are available from such allotment
\nunder subsection (d) of this section, and any such grant
\nshall be available for obligation only during such period. Any grant
\nmade from sums reserved under this subsection which has not been
\nobligated by the end of the period for which available shall be
\nadded to the amount last allotted to such State under this section
\nand shall be immediately available for obligation in the same manner
\nand to the same extent as such last allotment. Sums authorized
\nto be reserved by this paragraph shall be in addition to and
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\nNovember 27, 2002
\nSec. 205 FEDERAL WATER POLLUTION CONTROL ACT 66
\nnot in lieu of any other funds which may be authorized to carry out
\nthis subsection.
\n(2) The Administrator is authorized to grant to any State from
\namounts reserved to such State under this subsection, the reasonable
\ncosts of administering any aspects of sections 201, 203, 204,
\nand 212 of this Act the responsibility for administration of which
\nthe Administrator has delegated to such State. The Administrator
\nmay increase such grant to take into account the reasonable costs
\nof administering an approved program under section 402 or 404,
\nadministering a statewide waste treatment management planning
\nprogram under section 208(b)(4), and managing waste treatment
\nconstruction grants for small communities.
\n(h) The Administrator shall set aside from funds authorized for
\neach fiscal year beginning on or after October 1, 1978, a total (as
\ndetermined by the Governor of the State) of not less than 4 percent
\nnor more than 71\u20442 percent of the sums allotted to any State with
\na rural population of 25 per centum or more of the total population
\nof such State, as determined by the Bureau of the Census. The Administrator
\nmay set aside no more than 71\u20442 percent of the sums
\nallotted to any other State for which the Governor requests such
\naction. Such sums shall be available only for alternatives to conventional
\nsewage treatment works for municipalities having a population
\nof three thousand five hundred or less, or for the highly dispersed
\nsections of larger municipalities, as defined by the Administrator.
\n(i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE PROJECTS.\u2014
\nNot less than 1\u20442 of 1 percent of funds allotted to a State for each
\nof the fiscal years ending September 30, 1979, through September
\n30, 1990, under subsection (c) of this section shall be expended only
\nfor increasing the Federal share of grants for construction of treatment
\nworks utilizing innovative processes and techniques pursuant
\nto section 202(a)(2) of this Act. Including the expenditures authorized
\nby the preceding sentence, a total of 2 percent of the funds allotted
\nto a State for each of the fiscal years ending September 30,
\n1979, and September 30, 1980, and 3 percent of the funds allotted
\nto a State for the fiscal year ending September 30, 1981, under
\nsubsection (c) of this section shall be expended only for increasing
\ngrants for construction of treatment works pursuant to section
\n202(a)(2) of this Act. Including the expenditures authorized by the
\nfirst sentence of this subsection, a total (as determined by the Governor
\nof the State) of not less than 4 percent nor more than 71\u20442
\npercent of the funds allotted to such State under subsection (c) of
\nthis section for each of the fiscal years ending September 30, 1982,
\nthrough September 30, 1990, shall be expended only for increasing
\nthe Federal share of grants for construction of treatment works
\npursuant to section 202(a)(2) of this Act.
\n(j)(1) The Administrator shall reserve each fiscal year not to
\nexceed 1 per centum of the sums allotted and available for obligation
\nto each State under this section for each fiscal year beginning
\non or after October 1, 1981, or $100,000, whichever amount is the
\ngreater.
\n(2) Such sums shall be used by the Administrator to make
\ngrants to the States to carry out water quality management planning,
\nincluding, but not limited to\u2014
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\nNovember 27, 2002
\n67 FEDERAL WATER POLLUTION CONTROL ACT Sec. 205
\n(A) identifying most cost effective and locally acceptable facility
\nand non-point measures to meet and maintain water
\nquality standards;
\n(B) developing an implementation plan to obtain State and
\nlocal financial and regulatory commitments to implement
\nmeasures developed under subparagraph (A);
\n(C) determining the nature, extent, and causes of water
\nquality problems in various areas of the State and interstate
\nregion, and reporting on these annually; and
\n(D) determining those publicly owned treatment works
\nwhich should be constructed with assistance under this title, in
\nwhich areas and in what sequence, taking into account the relative
\ndegree of effluent reduction attained, the relative contributions
\nto water quality of other point or nonpoint sources,
\nand the consideration of alternatives to such construction, and
\nimplementing section 303(e) of this Act.
\n(3) In carrying out planning with grants made under paragraph
\n(2) of this subsection, a State shall develop jointly with local,
\nregional, and interstate entities, a plan for carrying out the program
\nand give funding priority to such entities and designated or
\nundesignated public comprehensive planning organizations to carry
\nout the purposes of this subsection. In giving such priority, the
\nState shall allocate at least 40 percent of the amount granted to
\nsuch State for a fiscal year under paragraph (2) of this subsection
\nto regional public comprehensive planning organizations in such
\nState and appropriate interstate organizations for the development
\nand implementation of the plan described in this paragraph. In any
\nfiscal year for which the Governor, in consultation with such organizations
\nand with the approval of the Administrator, determines
\nthat allocation of at least 40 percent of such amount to such organizations
\nwill not result in significant participation by such organizations
\nin water quality management planning and not significantly
\nassist in development and implementation of the plan described
\nin this paragraph and achieving the goals of this Act, the
\nallocation to such organization may be less than 40 percent of such
\namount.
\n(4) All activities undertaken under this subsection shall be in
\ncoordination with other related provisions of this Act.
\n(5) NONPOINT SOURCE RESERVATION.\u2014In addition to the
\nsums reserved under paragraph (1), the Administrator shall reserve
\neach fiscal year for each State 1 percent of the sums allotted
\nand available for obligation to such State under this section
\nfor each fiscal year beginning on or after October 1, 1986,
\nor $100,000, whichever is greater, for the purpose of carrying
\nout section 319 of this Act. Sums so reserved in a State in any
\nfiscal year for which such State does not request the use of
\nsuch sums, to the extent such sums exceed $100,000, may be
\nused by such State for other purposes under this title.
\n(k) The Administrator shall allot to the State of New York from
\nsums authorized to be appropriated for the fiscal year ending September
\n30, 1982, an amount necessary to pay the entire cost of conveying
\nsewage from the Convention Center of the City of New York
\nto the Newtown sewage treatment plant, Brooklyn-Queens area,
\nNew York. The amount allotted under this subsection shall be in
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\nNovember 27, 2002
\nSec. 205 FEDERAL WATER POLLUTION CONTROL ACT 68
\n1 So in original. Probably should be \u2018\u2018such\u2019\u2019.
\naddition to and not in lieu of any other amounts authorized to be
\nallotted to such State under this Act.
\n(l) MARINE ESTUARY RESERVATION.\u2014
\n(1) RESERVATION OF FUNDS.\u2014
\n(A) GENERAL RULE.\u2014Prior to making allotments
\namong the States under subsection (c) of this section, the
\nAdministrator shall reserve funds from sums appropriated
\npursuant to section 207 for each fiscal year beginning after
\nSeptember 30, 1986.
\n(B) FISCAL YEARS 1987 AND 1988.\u2014For each of fiscal
\nyears 1987 and 1988 the reservation shall be 1 percent of
\nthe sums appropriated pursuant to section 207 for such fiscal
\nyear.
\n(C) FISCAL YEARS 1989 AND 1990.\u2014For each of fiscal
\nyears 1989 and 1990 the reservation shall be 11\u20442 percent
\nof the funds appropriated pursuant to section 207 for such
\nfiscal year.
\n(2) USE OF FUNDS.\u2014Of the sums reserved under this subsection,
\ntwo-thirds shall be available to address water quality
\nproblems of marine bays and estuaries subject to lower levels
\nof water quality due to the impacts of discharges from combined
\nstorm water and sanitary sewer overflows from adjacent
\nurban complexes, and one-third shall be available for the implementation
\nof section 320 of this Act, relating to the national
\nestuary program.
\n(3) PERIOD OF AVAILABILITY.\u2014Sums reserved under this
\nsubsection shall be subject to the period of availability for obligation
\nestablished by subsection (d) of this section.
\n(4) TREATMENT OF CERTAIN BODY OF WATER.\u2014For purposes
\nof this section and section 201(n), Newark Bay, New Jersey,
\nand the portion of the Passaic River up to Little Falls, in the
\nvicinity of Beatties Dam, shall be treated as a marine bay and
\nestuary.
\n(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTION
\nCONTROL REVOLVING FUNDS.\u2014
\n(1) FROM CONSTRUCTION GRANT ALLOTMENTS.\u2014In addition
\nto any amounts deposited in a water pollution control revolving
\nfund established by a State under title VI, upon request of the
\nGovernor of such State, the Administrator shall make available
\nto the State for deposit, as capitalization grants, in such fund
\nin any fiscal year beginning after September 30, 1986, such
\nportion of the amounts allotted to such State under this section
\nfor such fiscal year as the Governor considers appropriate; except
\nthat (A) in fiscal year 1987 such deposit may not exceed
\n50 percent of the amounts allotted to such State under this
\nsection for such fiscal year, and (B) in fiscal year 1988, such
\ndeposit may not exceed 75 percent of the amounts allotted to
\nsuch State under this section for this 1 fiscal year.
\n(2) NOTICE REQUIREMENT.\u2014The Governor of a State may
\nmake a request under paragraph (1) for a deposit into the
\nwater pollution control revolving fund of such State\u2014
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\nNovember 27, 2002
\n69 FEDERAL WATER POLLUTION CONTROL ACT Sec. 206
\n(A) in fiscal year 1987 only if no later than 90 days
\nafter the date of the enactment of this subsection, and
\n(B) in each fiscal year thereafter only if 90 days before
\nthe first day of such fiscal year,
\nthe State provides notice of its intent to make such deposit.
\n(3) EXCEPTION.\u2014Sums reserved under section 205(j) of this
\nAct shall not be available for obligation under this subsection.
\n(33 U.S.C. 1285)
\nREIMBURSEMENT AND ADVANCED CONSTRUCTION
\nSEC. 206. (a) Any publicly owned treatment works in a State
\non which construction was initiated after June 30, 1966, but before
\nJuly 1, 1973, which was approved by the appropriate State water
\npollution control agency and which the Administrator finds meets
\nthe requirements of section 8 of this Act in effect at the time of the
\ninitiation of construction shall be reimbursed a total amount equal
\nto the difference between the amount of Federal financial assistance,
\nif any, received under such section 8 for such project and 50
\nper centum of the cost of such project, or 55 per centum of the
\nproject cost where the Administrator also determines that such
\ntreatment works was constructed in conformity with a comprehensive
\nmetropolitan treatment plan as described in section 8(f) of the
\nFederal Water Pollution Control Act as in effect immediately prior
\nto the date of enactment of the Federal Water Pollution Control Act
\nAmendments of 1972. Nothing in this subsection shall result in any
\nsuch works receiving Federal grants from all sources in excess of
\n80 per centum of the cost of such project.
\n(b) Any publicly owned treatment works constructed with or eligible
\nfor Federal financial assistance under this Act in a State between
\nJune 30, 1956, and June 30, 1966, which was approved by
\nthe State water pollution control agency and which the Administrator
\nfinds meets the requirements of section 8 of this Act prior
\nto the date of enactment of the Federal Water Pollution Control Act
\nAmendments of 1972 but which was constructed without assistance
\nunder such section 8 or which received such assistance in an
\namount less than 30 per centum of the cost of such project shall
\nqualify for payments and reimbursement of State or local funds
\nused for such project from sums allocated to such State under this
\nsection in an amount which shall not exceed the difference between
\nthe amount of such assistance, if any, received for such project and
\n30 per centum of the cost of such project.
\n(c) No publicly owned treatment works shall receive any payment
\nor reimbursement under subsection (a) or (b) of this section
\nunless an application for such assistance is filed with the Administrator
\nwithin the one year period which begins on the date of enactment
\nof the Federal Water Pollution Control Act Amendments of
\n1972. Any application filed within such one year period may be revised
\nfrom time to time, as may be necessary.
\n(d) The Administrator shall allocate to each qualified project
\nunder subsection (a) of this section each fiscal year for which funds
\nare appropriated under subsection (e) of this section an amount
\nwhich bears the same ratio to the unpaid balance of the reimbursement
\ndue such project as the total of such funds for such year
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\nNovember 27, 2002
\nSec. 206 FEDERAL WATER POLLUTION CONTROL ACT 70
\nbears to the total unpaid balance of reimbursement due all such
\napproved projects on the date of enactment of such appropriation.
\nThe Administrator shall allocate to each qualified project under
\nsubsection (b) of this section each fiscal year for which funds are
\nappropriated under subsection (e) of this section an amount which
\nbears the same ratio to the unpaid balance of the reimbursement
\ndue such project as the total of such funds for such year bears to
\nthe total unpaid balance of reimbursement due all such approved
\nprojects on the date of enactment of such appropriation.
\n(e) There is authorized to be appropriated to carry out subsection
\n(a) of this section not to exceed $2,600,000,000 and, to carry
\nout subsection (b) of this section, not to exceed $750,000,000. The
\nauthorizations contained in this subsection shall be the sole source
\nof funds for reimbursements authorized by this section.
\n(f)(1) In any case where a substantial portion of the funds allotted
\nto a State for the current fiscal year under this title have
\nbeen obligated under section 201(g), or will be so obligated in a
\ntimely manner (as determined by the Administrator), and there is
\nconstruction of any treatment work project without the aid of Federal
\nfunds and in accordance with all procedures and all requirements
\napplicable to treatment works projects, except those procedures
\nand requirements which limit construction of projects to
\nthose constructed with the aid of previously allotted Federal funds,
\nthe Administrator, upon his approval of an application made under
\nthis subsection therefore, is authorized to pay the Federal share of
\nthe cost of construction of such project when additional funds are
\nallotted to the State under this title if prior to the construction of
\nthe project the Administrator approves plans, specifications, and
\nestimates therefor in the same manner as other treatment works
\nprojects. The Administrator may not approve an application under
\nthis subsection unless an authorization is in effect for the first fiscal
\nyear in the period for which the application requests payment
\nand such requested payment for that fiscal year does not exceed
\nthe State\u2019s expected allotment from such authorization. The Administrator
\nshall not be required to make such requested payment
\nfor any fiscal year\u2014
\n(A) to the extent that such payment would exceed such
\nState\u2019s allotment of the amount appropriated for such fiscal
\nyear; and
\n(B) unless such payment is for a project which, on the
\nbasis of an approved funding priority list of such State, is eligible
\nto receive such payment based on the allotment and appropriation
\nfor such fiscal year.
\nTo the extent that sufficient funds are not appropriated to pay the
\nfull Federal share with respect to a project for which obligations
\nunder the provisions of this subsection have been made, the Administrator
\nshall reduce the Federal share to such amount less
\nthan 75 per centum as such appropriations do provide.
\n(2) In determining the allotment for any fiscal year under this
\ntitle, any treatment works project constructed in accordance with
\nthis section and without the aid of Federal funds shall not be considered
\ncompleted until an application under the provisions of this
\nsubsection with respect to such project has been approved by the
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\nNovember 27, 2002
\n71 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208
\nAdministrator, or the availability of funds from which this project
\nis eligible for reimbursement has expired, whichever first occurs.
\n(33 U.S.C. 1286)
\nAUTHORIZATION
\nSEC. 207. There is authorized to be appropriated to carry out
\nthis title, other than sections 206(e), 208 and 209, for the fiscal
\nyear ending June 30, 1973, not to exceed $5,000,000,000, for the
\nfiscal year ending June 30, 1974, not to exceed $6,000,000,000, and
\nfor the fiscal year ending June 30, 1975, not to exceed
\n$7,000,000,000, and, subject to such amounts as are provided in appropriation
\nActs for the fiscal year ending September 30, 1977,
\n$1,000,000,000 for the fiscal year ending September 30, 1978,
\n$4,500,000,000 and for the fiscal years ending September 30, 1979,
\nSeptember 30, 1980, not to exceed $5,000,000,000; for the fiscal
\nyear ending September 30, 1981, not to exceed $2,548,837,000; and
\nfor the fiscal years ending September 30, 1982, September 30,
\n1983, September 30, 1984, and September 30, 1985, not to exceed
\n$2,400,000,000 per fiscal year; and for each of the fiscal years ending
\nSeptember 30, 1986, September 30, 1987, and September 30,
\n1988, not to exceed $2,400,000,000; and for each of the fiscal years
\nending September 30, 1989, and September 30, 1990, not to exceed
\n$1,200,000,000.
\n(33 U.S.C. 1287)
\nAREAWIDE WASTE TREATMENT MANAGEMENT
\nSEC. 208. (a) For the purpose of encouraging and facilitating
\nthe development and implementation of areawide waste treatment
\nmanagement plans\u2014
\n(1) The Administrator, within ninety days after the date of
\nenactment of this Act and after consultation with appropriate
\nFederal, State, and local authorities, shall by regulation publish
\nguidelines for the identification of those areas which, as a
\nresult of urban-industrial concentrations or other factors, have
\nsubstantial water quality control problems.
\n(2) The Governor of each State, within sixty days after
\npublication of the guidelines issued pursuant to paragraph (1)
\nof this subsection, shall identify each area within the State
\nwhich, as a result of urban-industrial concentrations or other
\nfactors, has substantial water quality control problems. Not
\nlater than one hundred and twenty days following such identification
\nand after consultation with appropriate elected and
\nother officials of local governments having jurisdiction in such
\nareas, the Governor shall designate (A) the boundaries of each
\nsuch area, and (B) a single representative organization, including
\nelected officials from local governments or their designees,
\ncapable of developing effective areawide waste treatment management
\nplans for such an area. The Governor may in the
\nsame manner at any later time identify any additional area (or
\nmodify an existing area) for which he determines areawide
\nwaste treatment management to be appropriate, designate the
\nboundaries of such area, and designate an organization capable
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\nNovember 27, 2002
\nSec. 208 FEDERAL WATER POLLUTION CONTROL ACT 72
\nof developing effective areawide waste treatment management
\nplans for such area.
\n(3) With respect to any area which, pursuant to the guidelines
\npublished under paragraph (1) of this subsection, is located
\nin two or more States, the Governors of the respective
\nStates shall consult and cooperate in carrying out the provisions
\nof paragraph (2), with a view toward designating the
\nboundaries of the interstate area having common water quality
\ncontrol problems and for which areawide waste treatment
\nmanagement plans would be most effective, and toward designating,
\nwithin one hundred and eighty days after publication
\nof guidelines issued pursuant to paragraph (1) of this subsection,
\nof a single representative organization capable of developing
\neffective areawide waste treatment management
\nplans for such area.
\n(4) If a Governor does not act, either by designating or determining
\nnot to make a designation under paragraph (2) of
\nthis subsection, within the time required by such paragraph, or
\nif, in the case of an interstate area, the Governors of the States
\ninvolved do not designate a planning organization within the
\ntime required by paragraph (3) of this subsection, the chief
\nelected officials of local governments within an area may by
\nagreement designate (A) the boundaries for such an area, and
\n(B) a single representative organization including elected officials
\nfrom such local governments, or their designees, capable
\nof developing an areawide waste treatment management plan
\nfor such area.
\n(5) Existing regional agencies may be designated under
\nparagraphs (2), (3), and (4) of this subsection.
\n(6) The State shall act as a planning agency for all portions
\nof such State which are not designated under paragraphs
\n(2), (3), or (4) of this subsection.
\n(7) Designations under this subsection shall be subject to
\nthe approval of the Administrator.
\n(b)(1)(A) Not later than one year after the date of designation
\nof any organization under subsection (a) of this section such organization
\nshall have in operation a continuing areawide waste treatment
\nmanagement planning process consistent with section 201 of
\nthis Act. Plans prepared in accordance with this process shall contain
\nalternatives for waste treatment management, and be applicable
\nto all wastes generated within the area involved. The initial
\nplan prepared in accordance with such process shall be certified by
\nthe Governor and submitted to the Administrator not later than
\ntwo years after the planning process is in operation.
\n(B) For any agency designated after 1975 under subsection (a)
\nof this section and for all portions of a State for which the State
\nis required to act as the planning agency in accordance with subsection
\n(a)(6), the initial plan prepared in accordance with such
\nprocess shall be certified by the Governor and submitted to the Administrator
\nnot later than three years after the receipt of the initial
\ngrant award authorized under subsection (f) of this section.
\n(2) Any plan prepared under such process shall include, but
\nnot be limited to\u2014
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\nNovember 27, 2002
\n73 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208
\n(A) the identification of treatment works necessary to meet
\nthe anticipated municipal and industrial waste treatment
\nneeds of the area over a twenty-year period, annually updated
\n(including an analysis of alternative waste treatment systems),
\nincluding any requirements for the acquisition of land for
\ntreatment purposes; the necessary waste water collection and
\nurban storm water runoff systems; and a program to provide
\nthe necessary financial arrangements for the development of
\nsuch treatment works, and an identification of open space and
\nrecreation opportunities that can be expected to result from improved
\nwater quality, including consideration of potential use
\nof lands associated with treatment works and increased access
\nto water-based recreation;
\n(B) the establishment of construction priorities for such
\ntreatment works and time schedules for the initiation and completion
\nof all treatment works;
\n(C) the establishment of a regulatory program to\u2014
\n(i) implement the waste treatment management requirements
\nof section 201(c),
\n(ii) regulate the location, modification, and construction
\nof any facilities within such area which may result in
\nany discharge in such area, and
\n(iii) assure that any industrial or commercial waste
\ndischarged into any treatment works in such area meet applicable
\npretreatment requirements;
\n(D) the identification of those agencies necessary to construct,
\noperate, and maintain all facilities required by the plan
\nand otherwise to carry out the plan;
\n(E) the identification of the measures necessary to carry
\nout the plan (including financing), the period of time necessary
\nto carry out the plan, the costs of carrying out the plan within
\nsuch time, and the economic, social, and environmental impact
\nof carrying out the plan within such time;
\n(F) a process to (i) identify, if appropriate, agriculturally
\nand silviculturally related nonpoint sources of pollution, including
\nreturn flows from irrigated agriculture, and their cumulative
\neffects, runoff from manure disposal areas, and from
\nland used for livestock and crop production, and (ii) set forth
\nprocedures and methods (including land use requirements) to
\ncontrol to the extent feasible such sources;
\n(G) a process of (i) identify, if appropriate, mine-related
\nsources of pollution including new, current, and abandoned
\nsurface and underground mine runoff, and (ii) set forth procedures
\nand methods (including land use requirements) to control
\nto the extent feasible such sources;
\n(H) a process to (i) identify construction activity related
\nsources of pollution, and (ii) set forth procedures and methods
\n(including land use requirements) to control to the extent feasible
\nsuch sources;
\n(I) a process to (i) identify, if appropriate, salt water intrusion
\ninto rivers, lakes, and estuaries resulting from reduction
\nof fresh water flow from any cause, including irrigation, obstruction,
\nground water extraction, and diversion, and (ii) set
\nforth procedures and methods to control such intrusion to the
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\nNovember 27, 2002
\nSec. 208 FEDERAL WATER POLLUTION CONTROL ACT 74
\nextent feasible where such procedures and methods are otherwise
\na part of the waste treatment management plan;
\n(J) a process to control the disposition of all residual waste
\ngenerated in such area which could affect water quality; and
\n(K) a process to control the disposal of pollutants on land
\nor in subsurface excavations within such area to protect
\nground and surface water quality.
\n(3) Areawide waste treatment management plans shall be certified
\nannually by the Governor or his designee (or Governors or
\ntheir designees, where more than one State is involved) as being
\nconsistent with applicable basin plans and such areawide waste
\ntreatment management plans shall be submitted to the Administrator
\nfor his approval.
\n(4)(A) Whenever the Governor of any State determines (and notifies
\nthe Administrator) that consistency with a statewide regulatory
\nprogram under section 303 so requires, the requirements of
\nclauses (F) through (K) of paragraph (2) of this subsection shall be
\ndeveloped and submitted by the Governor to the Administrator for
\napproval for application to a class or category of activity throughout
\nsuch State.
\n(B) Any program submitted under subparagraph (A) of this
\nparagraph which, in whole or in part, is to control the discharge
\nor other placement of dredged or fill material into the navigable
\nwaters shall include the following:
\n(i) A consultation process which includes the State agency
\nwith primary jurisdiction over fish and wildlife resources.
\n(ii) A process to identify and manage the discharge or
\nother placement of dredged or fill material which adversely affects
\nnavigable waters, which shall complement and be coordinated
\nwith a State program under section 404 conducted pursuant
\nto this Act.
\n(iii) A process to assure that any activity conducted pursuant
\nto a best management practice will comply with the guidelines
\nestablished under section 404(b)(1), and sections 307 and
\n403 of this Act.
\n(iv) A process to assure that any activity conducted pursuant
\nto a best management practice can be terminated or modified
\nfor cause including, but not limited to, the following:
\n(I) violation of any condition of the best management
\npractice;
\n(II) change in any activity that requires either a temporary
\nor permanent reduction or elimination of the discharge
\npursuant to the best management practice.
\n(v) A process to assure continued coordination with Federal
\nand Federal-State water-related planning and reviewing
\nprocesses, including the National Wetlands Inventory.
\n(C) If the Governor of a State obtains approval from the Administrator
\nof a statewide regulatory program which meets the requirements
\nof subparagraph (B) of this paragraph and if such State
\nis administering a permit program under section 404 of this Act,
\nno person shall be required to obtain an individual permit pursuant
\nto such section, or to comply with a general permit issued pursuant
\nto such section, with respect to any appropriate activity within
\nsuch State for which a best management practice has been ap-
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\nNovember 27, 2002
\n75 FEDERAL WATER POLLUTION CONTROL ACT Sec. 208
\nproved by the Administrator under the program approved by the
\nAdministrator pursuant to this paragraph.
\n(D)(i) Whenever the Administrator determines after public
\nhearing that a State is not administering a program approved
\nunder this section in accordance with the requirements of this section,
\nthe Administrator shall so notify the State, and if appropriate
\ncorrective action is not taken within a reasonable time, not to exceed
\nninety days, the Administrator shall withdraw approval of
\nsuch program. The Administrator shall not withdraw approval of
\nany such program unless he shall first have notified the State, and
\nmade public, in writing, the reasons for such withdrawal.
\n(ii) In the case of a State with a program submitted and approved
\nunder this paragraph, the Administrator shall withdraw approval
\nof such program under this subparagraph only for a substantial
\nfailure of the State to administer its program in accordance
\nwith the requirements of this paragraph.
\n(c)(1) The Governor of each State, in consultation with the
\nplanning agency designated under subsection (a) of this section, at
\nthe time a plan is submitted to the Administrator, shall designate
\none or more waste treatment management agencies (which may be
\nan existing or newly created local, regional or State agency or potential
\nsubdivision) for each area designated under subsection (a)
\nof this section and submit such designations to the Administrator.
\n(2) The Administrator shall accept any such designation, unless,
\nwithin 120 days of such designation, he finds that the designated
\nmanagement agency (or agencies) does not have adequate
\nauthority\u2014
\n(A) to carry out appropriate portions of an areawide waste
\ntreatment management plan developed under subsection (b) of
\nthis section;
\n(B) to manage effectively waste treatment works and related
\nfacilities serving such area in conformance with any plan
\nrequired by subsection (b) of this section;
\n(C) directly or by contract, to design and construct new
\nworks, and to operate and maintain new and existing works as
\nrequired by any plan developed pursuant to subsection (b) of
\nthis section;
\n(D) to accept and utilize grants, or other funds from any
\nsource, for waste treatment management purposes;
\n(E) to raise revenues, including the assessment of waste
\ntreatment charges;
\n(F) to incur short- and long-term indebtedness;
\n(G) to assure in implementation of an areawide waste
\ntreatment management plan that each participating community
\npays its proportionate share of treatment costs;
\n(H) to refuse to receive any wastes from any municipality
\nor subdivision thereof, which does not comply with any provisions
\nof an approved plan under this section applicable to such
\narea; and
\n(I) to accept for treatment industrial wastes.
\n(d) After a waste treatment management agency having the
\nauthority required by subsection (c) has been designated under
\nsuch subsection for an area and a plan for such area has been approved
\nunder subsection (b) of this section, the Administrator shall
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\nNovember 27, 2002
\nSec. 208 FEDERAL WATER POLLUTION CONTROL ACT 76
\n1 So in original. Probably should be \u2018\u2018designated\u2019\u2019.
\nnot make any grant for construction of a publicy owned treatment
\nworks under section 201(g)(1) within such area except to such designated
\nagency and for works in conformity with such plan.
\n(e) No permit under section 402 of this Act shall be issued for
\nany point source which is in conflict with a plan approved pursuant
\nto subsection (b) of this section.
\n(f)(1) The Administrator shall make grants to any agency designated
\nunder subsection (a) of this section for payment of the reasonable
\ncosts of developing and operating a continuing areawide
\nwaste treatment management planning process under subsection
\n(b) of this section.
\n(2) For the two-year period beginning on the date of the first
\ngrant is made under paragraph (1) of this subsection to an agency,
\nif such first grant is made before October 1, 1977, the amount of
\neach such grant to such agency shall be 100 per centum of the costs
\nof developing and operating a continuing areawide waste treatment
\nmanagement planning process under subsection (b) of this section,
\nand thereafter the amount granted to such agency shall not exceed
\n75 per centum of such costs in each succeeding one-year period. In
\nthe case of any other grant made to an agency under such paragraph
\n(1) of this subsection, the amount of such grant shall not exceed
\n75 per centum of the costs of developing and operating a continuing
\nareawide waste treatment management planning process in
\nany year.
\n(3) Each applicant for a grant under this subsection shall submit
\nto the Administrator for his approval each proposal for which
\na grant is applied for under this subsection. The Administrator
\nshall act upon such proposal as soon as practicable after it has
\nbeen submitted, and his approval of that proposal shall be deemed
\na contractual obligation of the United States for the payment of its
\ncontribution to such proposal, subject to such amounts as are provided
\nin appropriation Acts. There is authorized to be appropriated
\nto carry out this subsection not to exceed $50,000,000 for the fiscal
\nyear ending June 30, 1973, not to exceed $100,000,000 for the fiscal
\nyear ending June 30, 1974, not to exceed $150,000,000 per fiscal
\nyear for the fiscal years ending June 30, 1975, September 30, 1977,
\nSeptember 30, 1978, September 30, 1979, and September 30, 1980,
\nnot to exceed $100,000,000 per fiscal year for the fiscal years ending
\nSeptember 30, 1981, and September 30, 1982, and such sums
\nas may be necessary for fiscal years 1983 through 1990.
\n(g) The Administrator is authorized, upon request of the Governor
\nor the designated planning agency, and without reimbursement,
\nto consult with, and provide technical assistance to, any
\nagency designated under subsection (a) of this section in the development
\nof areawide waste treatment management plans under subsection
\n(b) of this section.
\n(h)(1) The Secretary of the Army, acting through the Chief of
\nEngineers, in cooperation with the Administrator is authorized and
\ndirected, upon request of the Governor or the designated planning
\norganization, to consult with, and provide technical assistance to,
\nany agency designed 1 under subsection (a) of this section in devel-<\/p>\n
\noping and operating a continuing areawide waste treatment management
\nplanning process under subsection (b) of this section.
\n(2) There is authorized to be appropriated to the Secretary of
\nthe Army, to carry out this subsection, not to exceed $50,000,000
\nper fiscal year for the fiscal years ending June 30, 1973, and June
\n30, 1974.
\n(i)(1) The Secretary of the Interior, acting through the Director
\nof the United States Fish and Wildlife Service, shall, upon request
\nof the Governor of a State, and without reimbursement, provide
\ntechnical assistance to such State in developing a statewide program
\nfor submission to the Administrator under subsection
\n(b)(4)(B) of this section and in implementing such program after its
\napproval.
\n(2) There is authorized to be appropriated to the Secretary of
\nthe Interior $6,000,000 to complete the National Wetlands Inventory
\nof the United States, by December 31, 1981, and to provide information
\nfrom such Inventory to States as it becomes available to
\nassist such States in the development and operation of programs
\nunder this Act.
\n(j)(1) The Secretary of Agriculture, with the concurrence of the
\nAdministrator, and acting through the Soil Conservation Service
\nand such other agencies of the Department of Agriculture as the
\nSecretary may designate, is authorized and directed to establish
\nand administer a program to enter into contracts, subject to such
\namounts as are provided in advance by appropriation acts, of not
\nless than five years nor more than ten years with owners and operators
\nhaving control of rural land for the purpose of installing and
\nmaintaining measures incorporating best management practices to
\ncontrol nonpoint source pollution for improved water quality in
\nthose States or areas for which the Administrator has approved a
\nplan under subsection (b) of this section where the practices to
\nwhich the contracts apply are certified by the management agency
\ndesignated under subsection (c)(1) of this section to be consistent
\nwith such plans and will result in improved water quality. Such
\ncontracts may be entered into during the period ending not later
\nthan September 31, 1988. Under such contracts the land owners or
\noperator shall agree\u2014
\n(i) to effectuate a plan approved by a soil conservation district,
\nwhere one exists, under this section for his farm, ranch,
\nor other land substantially in accordance with the schedule
\noutlined therein unless any requirement thereof is waived or
\nmodified by the Secretary;
\n(ii) to forfeit all rights to further payments or grants under
\nthe contract and refund to the United States all payments and
\ngrants received thereunder, with interest, upon his violation of
\nthe contract at any stage during the time he has control of the
\nland if the Secretary, after considering the recommendations of
\nthe soil conservation district, where one exists, and the Administrator,
\ndetermines that such violation is of such a nature as
\nto warrant termination of the contract, or to make refunds or
\naccept such payment adjustments as the Secretary may deem
\nappropriate if he determines that the violation by the owner or
\noperator does not warrant termination of the contract;
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\nSec. 208 FEDERAL WATER POLLUTION CONTROL ACT 78
\n(iii) upon transfer of his right and interest in the farm,
\nranch, or other land during the contract period to forfeit all
\nrights to further payments or grants under the contract and refund
\nto the United States all payments or grants received
\nthereunder, with interest, unless the transferee of any such
\nland agrees with the Secretary to assume all obligations of the
\ncontract;
\n(iv) not to adopt any practice specified by the Secretary on
\nthe advice of the Administrator in the contract as a practice
\nwhich would tend to defeat the purposes of the contract;
\n(v) to such additional provisions as the Secretary determines
\nare desirable and includes in the contract to effectuate
\nthe purposes of the program or to facilitate the practical administration
\nof the program.
\n(2) In return for such agreement by the landowner or operator
\nthe Secretary shall agree to provide technical assistance and share
\nthe cost of carrying out those conservation practices and measures
\nset forth in the contract for which he determines that cost sharing
\nis appropriate and in the public interest and which are approved
\nfor cost sharing by the agency designated to implement the plan
\ndeveloped under subsection (b) of this section. The portion of such
\ncost (including labor) to be shared shall be that part which the Secretary
\ndetermines is necessary and appropriate to effectuate the installation
\nof the water quality management practices and measures
\nunder the contract, but not to exceed 50 per centum of the total
\ncost of the measures set forth in the contract; except the Secretary
\nmay increase the matching cost share where he determines that (1)
\nthe main benefits to be derived from the measures are related to
\nimproving offsite water quality, and (2) the matching share requirement
\nwould place a burden on the landowner which would
\nprobably prevent him from participating in the program.
\n(3) The Secretary may terminate any contract with a landowner
\nor operator by mutual agreement with the owner or operator
\nif the Secretary determines that such termination would be in the
\npublic interest, and may agree to such modification of contracts
\npreviously entered into as he may determine to be desirable to
\ncarry out the purposes of the program or facilitate the practical administration
\nthereof or to accomplish equitable treatment with respect
\nto other conservation, land use, or water quality programs.
\n(4) In providing assistance under this subsection the Secretary
\nwill give priority to those areas and sources that have the most significant
\neffect upon water quality. Additional investigations or
\nplans may be made, where necessary, to supplement approved
\nwater quality management plans, in order to determine priorities.
\n(5) The Secretary shall, where practicable, enter into agreements
\nwith soil conservation districts, State soil and water conservation
\nagencies, or State water quality agencies to administer
\nall or part of the program established in this subsection under regulations
\ndeveloped by the Secretary. Such agreements shall provide
\nfor the submission of such reports as the Secretary deems necessary,
\nand for payment by the United States of such portion of the
\ncosts incurred in the administration of the program as the Secretary
\nmay deem appropriate.
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\n79 FEDERAL WATER POLLUTION CONTROL ACT Sec. 210
\n(6) The contracts under this subsection shall be entered into
\nonly in areas where the management agency designated under subsection
\n(c)(1) of this section assures an adequate level of participation
\nby owners and operators having control of rural land in such
\nareas. Within such areas the local soil conservation district, where
\none exists, together with the Secretary of Agriculture, will determine
\nthe priority of assistance among individual land owners and
\noperators to assure that the most critical water quality problems
\nare addressed.
\n(7) The Secretary, in consultation with the Administrator and
\nsubject to section 304(k) of this Act, shall, not later than September
\n30, 1978, promulgate regulations for carrying out this subsection
\nand for support and cooperation with other Federal and non-Federal
\nagencies for implementation of this subsection.
\n(8) This program shall not be used to authorize or finance
\nprojects that would otherwise be eligible for assistance under the
\nterms of Public Law 83\u2013566.
\n(9) There are hereby authorized to be appropriated to the Secretary
\nof Agriculture $200,000,000 for fiscal year 1979,
\n$400,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981,
\n$100,000,000 for fiscal year 1982, and such sums as may be necessary
\nfor fiscal years 1983 through 1990, to carry out this subsection.
\nThe program authorized under this subsection shall be in
\naddition to, and not in substitution of, other programs in such area
\nauthorized by this or any other public law.
\n(33 U.S.C. 1288)
\nBASIN PLANNING
\nSEC. 209. (a) The President, acting through the Water Resources
\nCouncil, shall, as soon as practicable, prepare a Level B
\nplan under the Water Resource Planning Act for all basins in the
\nUnited States. All such plans shall be completed not later than
\nJanuary 1, 1980, except that priority in the preparation of such
\nplans shall be given to those basins and portions thereof which are
\nwithin those areas designated under paragraphs (2), (3), and (4) of
\nsubsection (a) of section 208 of this Act.
\n(b) The President, acting through the Water Resources Council,
\nshall report annually to Congress on progress being made in carrying
\nout this section. The first such report shall be submitted not
\nlater than January 31, 1973.
\n(c) There is authorized to be appropriated to carry out this section
\nnot to exceed $200,000,000.
\n(33 U.S.C. 1289)
\nANNUAL SURVEY
\nSEC. 210. The Administrator shall annually make a survey to
\ndetermine the efficiency of the operation and maintenance of treatment
\nworks constructed with grants made under this Act, as compared
\nto the efficiency planned at the time the grant was made.
\nThe results of such annual survey shall be reported to Congress not
\nlater than 90 days after the date of convening of each session of
\nCongress.
\n(33 U.S.C. 1290)
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\nSec. 211 FEDERAL WATER POLLUTION CONTROL ACT 80
\nSEWAGE COLLECTION SYSTEMS
\nSEC. 211. (a) No grant shall be made for a sewage collection
\nsystem under this title unless such grant (1) is for replacement or
\nmajor rehabilitation of an existing collection system and is necessary
\nto the total integrity and performance of the waste treatment
\nworks serving such community, or (2) is for a new collection
\nsystem in an existing community with sufficient existing or
\nplanned capacity adequately to treat such collected sewage and is
\nconsistent with section 201 of this Act.
\n(b) If the Administrator uses population density as a test for
\ndetermining the eligibility of a collector sewer for assistance it
\nshall be only for the purpose of evaluating alternatives and determining
\nthe needs for such system in relation to ground or surface
\nwater quality impact.
\n(c) No grant shall be made under this title from funds authorized
\nfor any fiscal year during the period beginning October 1,
\n1977, and ending September 30, 1990, for treatment works for control
\nof pollutant discharges from separate storm sewer systems.
\n(33 U.S.C. 1291)
\nDEFINITIONS
\nSEC. 212. As used in this title\u2014
\n(1) The term \u2018\u2018construction\u2019\u2019 means any one or more of the following:
\npreliminary planning to determine the feasibility of treatment
\nworks, engineering, architectural, legal, fiscal, or economic investigations
\nor studies, surveys, designs, plans, working drawings,
\nspecifications, procedures, field testing of innovative or alternative
\nwaste water treatment processes and techniques meeting guidelines
\npromulgated under section 304(d)(3) of this Act, or other necessary
\nactions, erection, building, acquisition, alteration, remodeling,
\nimprovement, or extension of treatment works, or the inspection
\nor supervision of any of the foregoing items.
\n(2)(A) The term \u2018\u2018treatment works\u2019\u2019 means any devices and systems
\nused in the storage, treatment, recycling, and reclamation of
\nmunicipal sewage or industrial wastes of a liquid nature to implement
\nsection 201 of this act, or necessary to recycle or reuse water
\nat the most economical cost over the estimated life of the works,
\nincluding intercepting sewers, outfall sewers, sewage collection systems,
\npumping, power, and other equipment, and their appurtenances;
\nextensions, improvements, remodeling, additions, and alterations
\nthereof; elements essential to provide a reliable recycled
\nsupply such as standby treatment units and clear well facilities;
\nand any works, including site acquisition of the land that will be
\nan integral part of the treatment process (including land use for
\nthe storage of treated wastewater in land treatment systems prior
\nto land application) or is used for ultimate disposal of residues resulting
\nfrom such treatment.
\n(B) In addition to the definition contained in subparagraph (A)
\nof this paragraph, \u2018\u2018treatment works\u2019\u2019 means any other method or
\nsystem for preventing, abating, reducing, storing, treating, separating,
\nor disposing of municipal waste, including storm water runoff,
\nor industrial waste, including waste in combined storm water
\nand sanitary sewer systems. Any application for construction
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\nNovember 27, 2002
\n81 FEDERAL WATER POLLUTION CONTROL ACT Sec. 214
\ngrants which includes wholly or in part such methods or systems
\nshall, in accordance with guidelines published by the Administrator
\npursuant to subparagraph (C) of this paragraph, contain adequate
\ndata and analysis demonstrating such proposal to be, over the life
\nof such works, the most cost efficient alternative to comply with
\nsections 301 or 302 of this Act, or the requirements of section 201
\nof this Act.
\n(C) For the purposes of subparagraph (B) of this paragraph,
\nthe Administrator shall, within one hundred and eighty days after
\nthe date of enactment of this title, publish and thereafter revise no
\nless often than annually, guidelines for the evaluation of methods,
\nincluding cost-effective analysis, described in subparagraph (B) of
\nthis paragraph.
\n(3) The term \u2018\u2018replacement\u2019\u2019 as used in this title means those
\nexpenditures for obtaining and installing equipment, accessories, or
\nappurtenances during the useful life of the treatment works necessary
\nto maintain the capacity and performance for which such
\nworks are designed and constructed.
\n(33 U.S.C. 1292)
\nLOAN GUARANTEES FOR CONSTRUCTION OF TREATMENT WORKS
\nSEC. 213. (a) Subject to the conditions of this section and to
\nsuch terms and conditions as the Administrator determines to be
\nnecessary to carry out the purposes of this title, the Administrator
\nis authorized to guarantee, and to make commitments to guarantee,
\nthe principal and interest (including interest accruing between
\nthe date of default and the date of the payment in full of
\nthe guarantee) of any loan, obligation, or participation therein of
\nany State, municipality, or intermunicipal or interstate agency
\nissued directly and exclusively to the Federal Financing Bank to finance
\nthat part of the cost of any grant-eligible project for the construction
\nof publicly owned treatment works not paid for with Federal
\nfinancial assistance under this title (other than this section),
\nwhich project the Administrator has determined to be eligible for
\nsuch financial assistance under this title, including, but not limited
\nto, projects eligible for reimbursement under section 206 of this
\ntitle.
\n(b) No guarantee, or commitment to make a guarantee, may be
\nmade pursuant to this section\u2014
\n(1) unless the Administrator certifies that the issuing body
\nis unable to obtain on reasonable terms sufficient credit to finance
\nits actual needs without such guarantee; and
\n(2) unless the Administrator determines that there is a
\nreasonable assurance or repayment of the loan, obligation, or
\nparticipation therein.
\nA determination of whether financing is available at reasonable
\nrates shall be made by the Secretary of the Treasury with relationship
\nto the current average yield on outstanding marketable obligations
\nof municipalities of comparable maturity.
\n(c) The Administrator is authorized to charge reasonable fees
\nfor the investigation of an application for a guarantee and for the
\nissuance of a commitment to make a guarantee.
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\nNovember 27, 2002
\nSec. 214 FEDERAL WATER POLLUTION CONTROL ACT 82
\n(d) The Administrator, in determining whether there is a reasonable
\nassurance of repayment, may require a commitment which
\nwould apply to such repayment. Such commitment may include,
\nbut not be limited to, any funds received by such grantee from the
\namounts appropriated under section 206 of this Act.
\n(33 U.S.C. 1293)
\nPUBLIC INFORMATION
\nSEC. 214. The Administrator shall develop and operate within
\none year of the date of enactment of this section, a continuing program
\nof public information and education on recycling and reuse of
\nwastewater (including sludge), the use of land treatment, and
\nmethods for the reduction of wastewater volume.
\n(33 U.S.C. 1294)
\nREQUIREMENTS FOR AMERICAN MATERIALS
\nSEC. 215. Notwithstanding any other provision of law, no grant
\nfor which application is made after February 1, 1978, shall be
\nmade under this title for any treatment works unless only such unmanufactured
\narticles, materials, and supplies as have been mined
\nor produced in the United States, and only such manufactured articles,
\nmaterials, and supplies as have been manufactured in the
\nUnited States, substantially all from articles, materials, or supplies
\nmined, produced, or manufactured, as the case may be, in the
\nUnited States will be used in such treatment works. This section
\nshall not apply in any case where the Administrator determines,
\nbased upon those factors the Administrator deems relevant, including
\nthe available resources of the agency, it to be inconsistent with
\nthe public interest (including multilateral government procurement
\nagreements) or the cost to be unreasonable, or if articles, materials,
\nor supplies of the class or kind to be used or the articles, materials,
\nor supplies from which they are manufactured are not mined, produced,
\nor manufactured, as the case may be, in the United States
\nin sufficient and reasonably available commercial quantities and of
\na satisfactory quality.
\n(33 U.S.C. 1295)
\nDETERMINATION OF PRIORITY
\nSEC. 216. Notwithstanding any other provision of this Act, the
\ndetermination of the priority to be given each category of projects
\nfor construction of publicly owned treatment works within each
\nState shall be made solely by that State, except that if the Administrator,
\nafter a public hearing, determines that a specific project
\nwill not result in compliance with the enforceable requirements of
\nthis Act, such project shall be removed from the State\u2019s priority list
\nand such State shall submit a revised priority list. These categories
\nshall include, but not be limited to (A) secondary treatment, (B)
\nmore stringent treatment, (C) infiltration-in-flow correction, (D)
\nmajor sewer system rehabilitation, (E) new collector sewers and appurtenances,
\n(F) new interceptors and appurtenances, and (G) correction
\nof combined sewer overflows. Not less than 25 per centum
\nof funds allocated to a State in any fiscal year under this title for
\nconstruction of publicly owned treatment works in such State shall
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\nNovember 27, 2002
\n83 FEDERAL WATER POLLUTION CONTROL ACT Sec. 218
\nbe obligated for those types of projects referred to in clauses (D),
\n(E), (F), and (G) of this section, if such projects are on such State\u2019s
\npriority list for that year and are otherwise eligible for funding in
\nthat fiscal year. It is the policy of Congress that projects for wastewater
\ntreatment and management undertaken with Federal financial
\nassistance under this Act by any State, municipality, or intermunicipal
\nor interstate agency shall be projects which, in the estimation
\nof the State, are designed to achieve optimum water quality
\nmanagement, consistent with the public health and water quality
\ngoals and requirements of the Act.
\n(33 U.S.C. 1296)
\nCOST-EFFECTIVENESS GUIDELINES
\nSEC. 217. Any guidelines for cost-effectiveness analysis published
\nby the Administrator under this title shall provide for the
\nidentification and selection of cost effective alternatives to comply
\nwith the objective and goals of this Act and sections 201(b), 201(d),
\n201(g)(2)(A), and 301(b)(2)(B) of this Act.
\n(33 U.S.C. 1297)
\nCOST EFFECTIVENESS
\nSEC. 218. (a) It is the policy of Congress that a project for
\nwaste treatment and management undertaken with Federal financial
\nassistance under this Act by any State, municipality, or intermunicipal
\nor interstate agency shall be considered as an overall
\nwaste treatment system for waste treatment and management, and
\nshall be that system which constitutes the most economical and
\ncost-effective combination of devices and systems used in the storage,
\ntreatment, recycling, and reclamation of municipal sewage or
\nindustrial wastes of a liquid nature to implement section 201 of
\nthis Act, or necessary to recycle or reuse water at the most economical
\ncost over the estimated life of the works, including intercepting
\nsewers, outfall sewers, sewage collection systems, pumping
\npower, and other equipment, and their appurtenances; extension,
\nimprovements, remodeling, additions, and alterations thereof; elements
\nessential to provide a reliable recycled supply such as standby
\ntreatment units and clear well facilities; and any works, including
\nsite acquisition of the land that will be an integral part of the
\ntreatment process (including land use for the storage of treated
\nwastewater in land treatment systems prior to land application) or
\nwhich is used for ultimate disposal of residues resulting from such
\ntreatment; water efficiency measures and devices; and any other
\nmethod or system for preventing, abating, reducing, storing, treating,
\nseparating, or disposing of municipal waste, including storm
\nwater runoff, or industrial waste, including waste in combined
\nstorm water and sanitary sewer systems; to meet the requirements
\nof this Act.
\n(b) In accordance with the policy set forth in subsection (a) of
\nthis section, before the Administrator approves any grant to any
\nState, municipality, or intermunicipal or interstate agency for the
\nerection, building, acquisition, alteration, remodeling, improvement,
\nor extension of any treatment works the Administrator shall
\ndetermine that the facilities plan of which such treatment works
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\nNovember 27, 2002
\nSec. 219 FEDERAL WATER POLLUTION CONTROL ACT 84
\nare a part constitutes the most economical and cost-effective combination
\nof treatment works over the life of the project to meet the
\nrequirements of this Act, including, but not limited to, consideration
\nof construction costs, operation, maintenance, and replacement
\ncosts.
\n(c) In furtherance of the policy set forth in subsection (a) of this
\nsection, the Administrator shall require value engineering review
\nin connection with any treatment works, prior to approval of any
\ngrant for the erection, building, acquisition, alteration, remodeling,
\nimprovement, or extension of such treatment works, in any case in
\nwhich the cost of such erection, building, acquisition, alteration, remodeling,
\nimprovement, or extension is projected to be in excess of
\n$10,000,000. For purposes of this subsection, the term \u2018\u2018value engineering
\nreview\u2019\u2019 means a specialized cost control technique which
\nuses a systematic and creative approach to identify and to focus on
\nunnecessarily high cost in a project in order to arrive at a cost saving
\nwithout sacrificing the reliability or efficiency of the project.
\n(d) This section applies to projects for waste treatment and
\nmanagement for which no treatment works including a facilities
\nplan for such project have received Federal financial assistance for
\nthe preparation of construction plans and specifications under this
\nAct before the date of enactment of this section.
\n(33 U.S.C. 1298)
\nSTATE CERTIFICATION OF PROJECTS
\nSEC. 219. Whenever the Governor of a State which has been
\ndelegated sufficient authority to administer the construction grant
\nprogram under this title in that State certifies to the Administrator
\nthat a grant application meets applicable requirements of Federal
\nand State law for assistance under this title, the Administrator
\nshall approve or disapprove such application within 45 days of the
\ndate of receipt of such application. If the Administrator does not
\napprove or disapprove such application within 45 days of receipt,
\nthe application shall be deemed approved. If the Administrator disapproves
\nsuch application the Administrator shall state in writing
\nthe reasons for such disapproval. Any grant approved or deemed
\napproved under this section shall be subject to amounts provided
\nin appropriation Acts.
\n(33 U.S.C. 1299)
\nSEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE
\nPROJECTS.
\n(a) POLICY.\u2014Nothing in this section shall be construed to affect
\nthe application of section 101(g) of this Act and all of the provisions
\nof this section shall be carried out in accordance with the provisions
\nof section 101(g).
\n(b) IN GENERAL.\u2014The Administrator may establish a pilot program
\nto make grants to State, interstate, and intrastate water resource
\ndevelopment agencies (including water management districts
\nand water supply authorities), local government agencies, private
\nutilities, and nonprofit entities for alternative water source
\nprojects to meet critical water supply needs.
\n(c) ELIGIBLE ENTITY.\u2014The Administrator may make grants
\nunder this section to an entity only if the entity has authority
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\n85 FEDERAL WATER POLLUTION CONTROL ACT sec. 220
\nunder State law to develop or provide water for municipal, industrial,
\nand agricultural uses in an area of the State that is experiencing
\ncritical water supply needs.
\n(d) SELECTION OF PROJECTS.\u2014
\n(1) LIMITATION.\u2014A project that has received funds under
\nthe reclamation and reuse program conducted under the Reclamation
\nProjects Authorization and Adjustment Act of 1992
\n(43 U.S.C. 390h et seq.) shall not be eligible for grant assistance
\nunder this section.
\n(2) ADDITIONAL CONSIDERATION.\u2014In making grants under
\nthis section, the Administrator shall consider whether the
\nproject is located within the boundaries of a State or area referred
\nto in section 1 of the Reclamation Act of June 17, 1902
\n(32 Stat. 385), and within the geographic scope of the reclamation
\nand reuse program conducted under the Reclamation
\nProjects Authorization and Adjustment Act of 1992 (43 U.S.C.
\n390h et seq.).
\n(3) GEOGRAPHICAL DISTRIBUTION.\u2014Alternative water
\nsource projects selected by the Administrator under this section
\nshall reflect a variety of geographical and environmental
\nconditions.
\n(e) COMMITTEE RESOLUTION PROCEDURE.\u2014
\n(1) IN GENERAL.\u2014No appropriation shall be made for any
\nalternative water source project under this section, the total
\nFederal cost of which exceeds $3,000,000, if such project has
\nnot been approved by a resolution adopted by the Committee
\non Transportation and Infrastructure of the House of Representatives
\nor the Committee on Environment and Public
\nWorks of the Senate.
\n(2) REQUIREMENTS FOR SECURING CONSIDERATION.\u2014For
\npurposes of securing consideration of approval under paragraph
\n(1), the Administrator shall provide to a committee referred
\nto in paragraph (1) such information as the committee
\nrequests and the non-Federal sponsor shall provide to the committee
\ninformation on the costs and relative needs for the alternative
\nwater source project.
\n(f) USES OF GRANTS.\u2014Amounts from grants received under this
\nsection may be used for engineering, design, construction, and final
\ntesting of alternative water source projects designed to meet critical
\nwater supply needs. Such amounts may not be used for planning,
\nfeasibility studies or for operation, maintenance, replacement,
\nrepair, or rehabilitation.
\n(g) COST SHARING.\u2014The Federal share of the eligible costs of
\nan alternative water source project carried out using assistance
\nmade available under this section shall not exceed 50 percent.
\n(h) REPORTS.\u2014On or before September 30, 2004, the Administrator
\nshall transmit to Congress a report on the results of the pilot
\nprogram established under this section, including progress made
\ntoward meeting the critical water supply needs of the participants
\nin the pilot program.
\n(i) DEFINITIONS.\u2014In this section, the following definitions
\napply:
\n(1) ALTERNATIVE WATER SOURCE PROJECT.\u2014The term \u2018\u2018alternative
\nwater source project\u2019\u2019 means a project designed to
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\nSec. 221 FEDERAL WATER POLLUTION CONTROL ACT 86
\nprovide municipal, industrial, and agricultural water supplies
\nin an environmentally sustainable manner by conserving, managing,
\nreclaiming, or reusing water or wastewater or by treating
\nwastewater. Such term does not include water treatment
\nor distribution facilities.
\n(2) CRITICAL WATER SUPPLY NEEDS.\u2014The term \u2018\u2018critical
\nwater supply needs\u2019\u2019 means existing or reasonably anticipated
\nfuture water supply needs that cannot be met by existing
\nwater supplies, as identified in a comprehensive statewide or
\nregional water supply plan or assessment projected over a
\nplanning period of at least 20 years.
\n(j) AUTHORIZATION OF APPROPRIATIONS.\u2014There is authorized to
\nbe appropriated to carry out this section a total of $75,000,000 for
\nfiscal years 2002 through 2004. Such sums shall remain available
\nuntil expended.
\n(33 U.S.C. 1300)
\nSEC. 221. SEWER OVERFLOW CONTROL GRANTS.
\n(a) IN GENERAL.\u2014In any fiscal year in which the Administrator
\nhas available for obligation at least $1,350,000,000 for the purposes
\nof section 601\u2014
\n(1) the Administrator may make grants to States for the
\npurpose of providing grants to a municipality or municipal entity
\nfor planning, design, and construction of treatment works
\nto intercept, transport, control, or treat municipal combined
\nsewer overflows and sanitary sewer overflows; and
\n(2) subject to subsection (g), the Administrator may make
\na direct grant to a municipality or municipal entity for the purposes
\ndescribed in paragraph (1).
\n(b) PRIORITIZATION.\u2014In selecting from among municipalities
\napplying for grants under subsection (a), a State or the Administrator
\nshall give priority to an applicant that\u2014
\n(1) is a municipality that is a financially distressed community
\nunder subsection (c);
\n(2) has implemented or is complying with an implementation
\nschedule for the nine minimum controls specified in the
\nCSO control policy referred to in section 402(q)(1) and has
\nbegun implementing a long-term municipal combined sewer
\noverflow control plan or a separate sanitary sewer overflow
\ncontrol plan;
\n(3) is requesting a grant for a project that is on a State\u2019s
\nintended use plan pursuant to section 606(c); or
\n(4) is an Alaska Native Village.
\n(c) FINANCIALLY DISTRESSED COMMUNITY.\u2014
\n(1) DEFINITION.\u2014In subsection (b), the term \u2018\u2018financially
\ndistressed community\u2019\u2019 means a community that meets affordability
\ncriteria established by the State in which the community
\nis located, if such criteria are developed after public review
\nand comment.
\n(2) CONSIDERATION OF IMPACT ON WATER AND SEWER
\nRATES.\u2014In determining if a community is a distressed community
\nfor the purposes of subsection (b), the State shall consider,
\namong other factors, the extent to which the rate of growth of
\na community\u2019s tax base has been historically slow such that
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\n87 FEDERAL WATER POLLUTION CONTROL ACT Sec. 221
\nimplementing a plan described in subsection (b)(2) would result
\nin a significant increase in any water or sewer rate charged by
\nthe community\u2019s publicly owned wastewater treatment facility.
\n(3) INFORMATION TO ASSIST STATES.\u2014The Administrator
\nmay publish information to assist States in establishing affordability
\ncriteria under paragraph (1).
\n(d) COST-SHARING.\u2014The Federal share of the cost of activities
\ncarried out using amounts from a grant made under subsection (a)
\nshall be not less than 55 percent of the cost. The non-Federal share
\nof the cost may include, in any amount, public and private funds
\nand in-kind services, and may include, notwithstanding section
\n603(h), financial assistance, including loans, from a State water
\npollution control revolving fund.
\n(e) ADMINISTRATIVE REPORTING REQUIREMENTS.\u2014If a project
\nreceives grant assistance under subsection (a) and loan assistance
\nfrom a State water pollution control revolving fund and the loan
\nassistance is for 15 percent or more of the cost of the project, the
\nproject may be administered in accordance with State water pollution
\ncontrol revolving fund administrative reporting requirements
\nfor the purposes of streamlining such requirements.
\n(f ) AUTHORIZATION OF APPROPRIATIONS.\u2014There is authorized
\nto be appropriated to carry out this section $750,000,000 for each
\nof fiscal years 2002 and 2003. Such sums shall remain available
\nuntil expended.
\n(g) ALLOCATION OF FUNDS.\u2014
\n(1) FISCAL YEAR 2002.\u2014Subject to subsection (h), the Administrator
\nshall use the amounts appropriated to carry out
\nthis section for fiscal year 2002 for making grants to municipalities
\nand municipal entities under subsection (a)(2), in accordance
\nwith the criteria set forth in subsection (b).
\n(2) FISCAL YEAR 2003.\u2014Subject to subsection (h), the Administrator
\nshall use the amounts appropriated to carry out
\nthis section for fiscal year 2003 as follows:
\n(A) Not to exceed $250,000,000 for making grants to
\nmunicipalities and municipal entities under subsection
\n(a)(2), in accordance with the criteria set forth in subsection
\n(b).
\n(B) All remaining amounts for making grants to States
\nunder subsection (a)(1), in accordance with a formula to be
\nestablished by the Administrator, after providing notice
\nand an opportunity for public comment, that allocates to
\neach State a proportional share of such amounts based on
\nthe total needs of the State for municipal combined sewer
\noverflow controls and sanitary sewer overflow controls
\nidentified in the most recent survey conducted pursuant to
\nsection 516(b)(1).
\n(h) ADMINISTRATIVE EXPENSES.\u2014Of the amounts appropriated
\nto carry out this section for each fiscal year\u2014
\n(1) the Administrator may retain an amount not to exceed
\n1 percent for the reasonable and necessary costs of administering
\nthis section; and
\n(2) the Administrator, or a State, may retain an amount
\nnot to exceed 4 percent of any grant made to a municipality or
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\nSec. 301 FEDERAL WATER POLLUTION CONTROL ACT 88
\nmunicipal entity under subsection (a), for the reasonable and
\nnecessary costs of administering the grant.
\n(i) REPORTS.\u2014Not later than December 31, 2003, and periodically
\nthereafter, the Administrator shall transmit to Congress a report
\ncontaining recommended funding levels for grants under this
\nsection. The recommended funding levels shall be sufficient to ensure
\nthe continued expeditious implementation of municipal combined
\nsewer overflow and sanitary sewer overflow controls nationwide.
\n(33 U.S.C. 1301)
\nTITLE III\u2014STANDARDS AND ENFORCEMENT
\nEFFLUENT LIMITATIONS
\nSEC. 301. (a) Except as in compliance with this section and sections
\n302, 306, 307, 318, 402, and 404 of this Act, the discharge of
\nany pollutant by any person shall be unlawful.
\n(b) In order to carry out the objective of this Act there shall
\nbe achieved\u2014
\n(1)(A) not later than July 1, 1977, effluent limitations for
\npoint sources, other than publicly owned treatment works, (i)
\nwhich shall require the application of the best practicable control
\ntechnology currently available as defined by the Administrator
\npursuant to section 304(b) of this Act, or (ii) in the case
\nof a discharge into a publicly owned treatment works which
\nmeets the requirements of subparagraph (B) of this paragraph,
\nwhich shall require compliance with any applicable
\npretreatment requirements and any requirements under section
\n307 of this Act; and
\n(B) for publicly owned treatment works in existence on
\nJuly 1, 1977, or approved pursuant to section 203 of this Act
\nprior to June 30, 1974 (for which construction must be completed
\nwithin four years of approval), effluent limitations based
\nupon secondary treatment as defined by the Administrator
\npursuant to section 304(d)(1) of this Act; or,
\n(C) not later than July 1, 1977, any more stringent limitation,
\nincluding those necessary to meet water quality standards,
\ntreatment standards, or schedule of compliance, established
\npursuant to any State law or regulations, (under authority
\npreserved by section 510) or any other Federal law or regulation,
\nor required to implement any applicable water quality
\nstandard established pursuant to this Act.
\n(2)(A) for pollutants identified in subparagraphs (C), (D),
\nand (F) of this paragraph, effluent limitations for categories
\nand classes of point sources, other than publicly owned treatment
\nworks, which (i) shall require application of the best
\navailable technology economically achievable for such category
\nor class, which will result in reasonable further progress toward
\nthe national goal of eliminating the discharge of all pollutants,
\nas determined in accordance with regulations issued
\nby the Administrator pursuant to section 304(b)(2) of this Act,
\nwhich such effluent limitations shall require the elimination of
\ndischarges of all pollutants if the Administrator finds, on the
\nbasis of information available to him (including information de-
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\n89 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
\nveloped pursuant to section 315), that such elimination is technologically
\nand economically achievable for category or class of
\npoint sources as determined in accordance with regulations
\nissued by the Administrator pursuant to section 304(b)(2) of
\nthis Act, or (ii) in the case of the introduction of a pollutant
\ninto a publicly owned treatment works which meets the requirements
\nof subparagraph (B) of this paragraph, shall require
\ncompliance with any applicable pretreatment requirements
\nand any other requirement under section 307 of this
\nAct;
\n[(B) subparagraph (B) repealed by section 21(b) of P.L. 97\u2013
\n117.]
\n(C) with respect to all toxic pollutants referred to in table
\n1 of Committee Print Numbered 95\u201330 of the Committee on
\nPublic Works and Transportation of the House of Representatives
\ncompliance with effluent limitations in accordance with
\nsubparagraph (A) of this paragraph as expeditiously as practicable
\nbut in no case later than three years after the date such
\nlimitations are promulgated under section 304(b), and in no
\ncase later than March 31, 1989;
\n(D) for all toxic pollutants listed under paragraph (1) of
\nsubsection (a) of section 307 of this Act which are not referred
\nto in subparagraph (C) of this paragraph compliance with effluent
\nlimitation in accordance with subparagraph (A) of this
\nparagraph as expeditiously as practicable, but in no case later
\nthan three years after the date such limitations are promulgated
\nunder section 304(b), and in no case later than March
\n31, 1989;
\n(E) as expeditiously as practicable but in no case later
\nthan three years after the date such limitations are promulgated
\nunder section 304(b), and in no case later than March
\n31, 1989, compliance with effluent limitations for categories
\nand classes of point sources, other than publicly owned treatment
\nworks, which in the case of pollutants identified pursuant
\nto section 304(a)(4) of this Act shall require application of the
\nbest conventional pollutant control technology as determined in
\naccordance with regulations issued by the Administrator pursuant
\nto section 304(b)(4) of this Act; and
\n(F) for all pollutants (other than those subject to subparagraphs
\n(C), (D), or (E) of this paragraph) compliance with effluent
\nlimitations in accordance with subparagraph (A) of this
\nparagraph as expeditiously as practicable but in no case later
\nthan 3 years after the date such limitations are established,
\nand in no case later than March 31, 1989.
\n(3)(A) for effluent limitations under paragraph (1)(A)(i) of
\nthis subsection promulgated after January 1, 1982, and requiring
\na level of control substantially greater or based on fundamentally
\ndifferent control technology than under permits for
\nan industrial category issued before such date, compliance as
\nexpeditiously as practicable but in no case later than three
\nyears after the date such limitations are promulgated under
\nsection 304(b), and in no case later than March 31, 1989; and
\n(B) for any effluent limitation in accordance with paragraph
\n(1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established
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\nNovember 27, 2002
\nSec. 301 FEDERAL WATER POLLUTION CONTROL ACT 90
\nonly on the basis of section 402(a)(1) in a permit issued after
\nenactment of the Water Quality Act of 1987, compliance as expeditiously
\nas practicable but in no case later than three years
\nafter the date such limitations are established, and in no case
\nlater than March 31, 1989.
\n(c) The Administrator may modify the requirements of subsection
\n(b)(2)(A) of this section with respect to any point source for
\nwhich a permit application is filed after July 1, 1977, upon a showing
\nby the owner or operator of such point source satisfactory to the
\nAdministrator that such modified requirements (1) will represent
\nthe maximum use of technology within the economic capability of
\nthe owner or operator; and (2) will result in reasonable further
\nprogress toward the elimination of the discharge of pollutants.
\n(d) Any effluent limitation required by paragraph (2) of subsection
\n(b) of this section shall be reviewed at least every five years
\nand, if appropriate, revised pursuant to the procedure established
\nunder such paragraph.
\n(e) Effluent limitations established pursuant to this section or
\nsection 302 of this Act shall be applied to all point sources of discharge
\nof pollutants in accordance with the provisions of this Act.
\n(f) Notwithstanding any other provisions of this Act it shall be
\nunlawful to discharge any radiological, chemical, or biological warfare
\nagent, any high-level radioactive waste, or any medical waste,
\ninto the navigable waters.
\n(g) MODIFICATIONS FOR CERTAIN NONCONVENTIONAL POLLUTANTS.\u2014
\n(1) GENERAL AUTHORITY.\u2014The Administrator, with the
\nconcurrence of the State, may modify the requirements of subsection
\n(b)(2)(A) of this section with respect to the discharge
\nfrom any point source of ammonia, chlorine, color, iron, and
\ntotal phenols (4AAP) (when determined by the Administrator
\nto be a pollutant covered by subsection (b)(2)(F)) and any other
\npollutant which the Administrator lists under paragraph (4) of
\nthis subsection.
\n(2) REQUIREMENTS FOR GRANTING MODIFICATIONS.\u2014A
\nmodification under this subsection shall be granted only upon
\na showing by the owner or operator of a point source satisfactory
\nto the Administrator that\u2014
\n(A) such modified requirements will result at a minimum
\nin compliance with the requirements of subsection
\n(b)(1)(A) or (C) of this section, whichever is applicable;
\n(B) such modified requirements will not result in any
\nadditional requirements on any other point or nonpoint
\nsource; and
\n(C) such modification will not interfere with the attainment
\nor maintenance of that water quality which shall
\nassure protection of public water supplies, and the protection
\nand propagation of a balanced population of shellfish,
\nfish, and wildlife, and allow recreational activities, in and
\non the water and such modification will not result in the
\ndischarge of pollutants in quantities which may reasonably
\nbe anticipated to pose an unacceptable risk to human
\nhealth or the environment because of bioaccumulation,
\npersistency in the environment, acute toxicity, chronic tox-
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\n91 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
\nicity (including carcinogenicity, mutagenicity or
\nteratogenicity), or synergistic propensities.
\n(3) LIMITATION ON AUTHORITY TO APPLY FOR SUBSECTION (c)
\nMODIFICATION.\u2014If an owner or operator of a point source applies
\nfor a modification under this subsection with respect to
\nthe discharge of any pollutant, such owner or operator shall be
\neligible to apply for modification under subsection (c) of this
\nsection with respect to such pollutant only during the same
\ntime-period as he is eligible to apply for a modification under
\nthis subsection.
\n(4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.\u2014
\n(A) GENERAL AUTHORITY.\u2014Upon petition of any person,
\nthe Administrator may add any pollutant to the list
\nof pollutants for which modification under this section is
\nauthorized (except for pollutants identified pursuant to
\nsection 304(a)(4) of this Act, toxic pollutants subject to section
\n307(a) of this Act, and the thermal component of discharges)
\nin accordance with the provisions of this paragraph.
\n(B) REQUIREMENTS FOR LISTING.\u2014
\n(i) SUFFICIENT INFORMATION.\u2014The person petitioning
\nfor listing of an additional pollutant under this
\nsubsection shall submit to the Administrator sufficient
\ninformation to make the determinations required by
\nthis subparagraph.
\n(ii) TOXIC CRITERIA DETERMINATION.\u2014The Administrator
\nshall determine whether or not the pollutant
\nmeets the criteria for listing as a toxic pollutant under
\nsection 307(a) of this Act.
\n(iii) LISTING AS TOXIC POLLUTANT.\u2014If the Administrator
\ndetermines that the pollutant meets the criteria
\nfor listing as a toxic pollutant under section
\n307(a), the Administrator shall list the pollutant as a
\ntoxic pollutant under section 307(a).
\n(iv) NONCONVENTIONAL CRITERIA DETERMINATION.\u2014
\nIf the Administrator determines that the pollutant
\ndoes not meet the criteria for lising as a toxic
\npollutant under such section and determines that adequate
\ntest methods and sufficient data are available to
\nmake the determinations required by paragraph (2) of
\nthis subsection with respect to the pollutant, the Administrator
\nshall add the pollutant to the list of pollutants
\nspecified in paragraph (1) of this subsection for
\nwhich modifications are authorized under this subsection.
\n(C) REQUIREMENTS FOR FILING OF PETITIONS.\u2014A petition
\nfor lising of a pollutant under this paragraph\u2014
\n(i) must be filed not later than 270 days after the
\ndate of promulgation of an applicable effluent guideline
\nunder section 304;
\n(ii) may be filed before promulgation of such
\nguideline; and
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\nNovember 27, 2002
\nSec. 301 FEDERAL WATER POLLUTION CONTROL ACT 92
\n(iii) may be filed with an application for a modification
\nunder paragraph (1) with respect to the discharge
\nof such pollutant.
\n(D) DEADLINE FOR APPROVAL OF PETITION.\u2014A decision
\nto add a pollutant to the list of pollutants for which modifications
\nunder this subsection are authorized must be
\nmade within 270 days after the date of promulgation of an
\napplicable effluent guideline under section 304.
\n(E) BURDEN OF PROOF.\u2014The burden of proof for making
\nthe determinations under subparagraph (B) shall be on
\nthe petitioner.
\n(5) REMOVAL OF POLLUTANTS.\u2014The Administrator may remove
\nany pollutant from the list of pollutants for which modifications
\nare authorized under this subsection if the Administrator
\ndetermines that adequate test methods and sufficient
\ndata are no longer available for determining whether or not
\nmodifications may be granted with respect to such pollutant
\nunder paragraph (2) of this subsection.
\n(h) The Administrator, with the concurrence of the State, may
\nissue a permit under section 402 which modifies the requirements
\nof subsection (b)(1)(B) of this section with respect to the discharge
\nof any pollutant from a publicly owned treatment works into marine
\nwaters, if the applicant demonstrates to the satisfaction of the
\nAdministrator that\u2014
\n(1) there is an applicable water quality standard specific to
\nthe pollutant for which the modification is requested, which
\nhas been identified under section 304(a)(6) of this Act;
\n(2) the discharge of pollutants in accordance with such
\nmodified requirements will not interfere, alone or in combination
\nwith pollutants from other sources, with the attainment or
\nmaintenance of that water quality which assures protection of
\npublic water supplies and the protection and propagation of a
\nbalanced, indigenous population of shellfish, fish and wildlife,
\nand allows recreational activities, in and on the water;
\n(3) the applicant has established a system for monitoring
\nthe impact of such discharge on a representative sample of
\naquatic biota, to the extent practicable, and the scope of such
\nmonitoring is limited to include only those scientific investigations
\nwhich are necessary to study the effects of the proposed
\ndischarge;
\n(4) such modified requirements will not result in any additional
\nrequirements on any other point or nonpoint source;
\n(5) all applicable pretreatment requirements for sources introducing
\nwaste into such treatment works will be enforced;
\n(6) in the case of any treatment works serving a population
\nof 50,000 or more, with respect to any toxic pollutant introduced
\ninto such works by an industrial discharger for which
\npollutant there is no applicable pretreatment requirement in
\neffect, sources introducing waste into such works are in compliance
\nwith all applicable pretreatment requirements, the applicant
\nwill enforce such requirements, and the applicant has in
\neffect a pretreatment program which, in combination with the
\ntreatment of discharges from such works, removes the same
\namount of such pollutant as would be removed if such works
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\nNovember 27, 2002
\n93 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
\nwere to apply secondary treatment to discharges and if such
\nworks had no pretreatment program with respect to such pollutant;
\n(7) to the extent practicable the applicant has established
\na schedule of activities designed to eliminate the entrance of
\ntoxic pollutants from nonindustrial sources into such treatment
\nworks;
\n(8) there will be no new or substantially increased discharges
\nfrom the point source of the pollutant to which the
\nmodification applies above that volume of discharge specified
\nin the permit;
\n(9) the applicant at the time such modification becomes effective
\nwill be discharging effluent which has received at least
\nprimary or equivalent treatment and which meets the criteria
\nestablished under section 304(a)(1) of this Act after initial mixing
\nin the waters surrounding or adjacent to the point at which
\nsuch effluent is discharged.
\nFor the purposes of this subsection the phrase \u2018\u2018the discharge of
\nany pollutant into marine waters\u2019\u2019 refers to a discharge into deep
\nwaters of the territorial sea or the waters of the contiguous zone,
\nor into saline estuarine waters where there is strong tidal movement
\nand other hydrological and geological characteristics which
\nthe Administrator determines necessary to allow compliance with
\nparagraph (2) of this subsection, and section 101(a)(2) of this Act.
\nFor the purposes of paragraph (9), \u2018\u2018primary or equivalent treatment\u2019\u2019
\nmeans treatment by screening, sedimentation, and skimming
\nadequate to remove at least 30 percent of the biological oxygen
\ndemanding material and of the suspended solids in the treatment
\nworks influent, and disinfection, where appropriate. A municipality
\nwhich applies secondary treatment shall be eligible to receive
\na permit pursuant to this subsection which modifies the requirements
\nof subsection (b)(1)(B) of this section with respect to the
\ndischarge of any pollutant from any treatment works owned by
\nsuch municipality into marine waters. No permit issued under this
\nsubsection shall authorize the discharge of sewage sludge into marine
\nwaters. In order for a permit to be issued under this subsection
\nfor the discharge of a pollutant into marine waters, such
\nmarine waters must exhibit characteristics assuring that water
\nproviding dilution does not contain significant amounts of previously
\ndischarged effluent from such treatment works. No permit
\nissued under this subsection shall authorize the discharge of any
\npollutant into saline estuarine waters which at the time of application
\ndo not support a balanced indigenous population of shellfish,
\nfish and wildlife, or allow recreation in and on the waters or which
\nexhibit ambient water quality below applicable water quality
\nstandards adopted for the protection of public water supplies, shellfish,
\nfish and wildlife or recreational activities or such other standards
\nnecessary to assure support and protection of such uses. The
\nprohibition contained in the preceding sentence shall apply without
\nregard to the presence or absence of a causal relationship between
\nsuch characteristics and the applicant\u2019s current or proposed discharge.
\nNotwithstanding any other provisions of this subsection, no
\npermit may be issued under this subsection for discharge of a pollutant
\ninto the New York Bight Apex consisting of the ocean waters
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\nNovember 27, 2002
\nSec. 301 FEDERAL WATER POLLUTION CONTROL ACT 94
\nof the Atlantic Ocean westward of 73 degrees 30 minutes west longitude
\nand northward of 40 degrees 10 minutes north latitude.
\n(i)(1) Where construction is required in order for a planned or
\nextisting publicly owned treatment works to achieve limitations
\nunder subsection (b)(1)(B) or (b)(1)(C) of this section, but (A) construction
\ncannot be completed with the time required in such subsection,
\nor (B) the United States has failed to make financial assistance
\nunder this Act available in time to achieve such limitations
\nby the time specified in such subsection, the owner or operator of
\nsuch treatment works may request the Administrator (or if appropriate
\nthe State) to issue a permit pursuant to section 402 of this
\nAct or to modify a permit issued pursuant to that section to extend
\nsuch time for compliance. Any such request shall be filed with the
\nAdministrator (or if appropriate the State) within 180 days after
\nthe date of enactment of the Water Quality Act of 1987. The Administrator
\n(or if appropriate the State) may grant such request
\nand issue or modify such a permit, which shall contain a schedule
\nof compliance for the publicly owned treatment works based on the
\nearliest date by which such financial assistance will be available
\nfrom the United States and construction can be completed, but in
\nno event later than July 1, 1988, and shall contain such other
\nterms and conditions, including those necessary to carry out subsections
\n(b) through (g) of section 201 of this Act, section 307 of this
\nAct, and such interim effluent limitations applicable to that treatment
\nworks as the Administrator determines are necessary to carry
\nout the provisions of this Act.
\n(2)(A) Where a point source (other than a publicly owned treatment
\nworks) will not achieve the requirements of subsections
\n(b)(1)(A) and (b)(1)(C) of this section and\u2014
\n(i) if a permit issued prior to July 1, 1977, to such point
\nsource is based upon a discharge into a publicly owned treatment
\nworks; or
\n(ii) if such point source (other than a publicly owned treatment
\nworks) had before July 1, 1977, a contract (enforceable
\nagainst such point source) to discharge into a publicly owned
\ntreatment works; or
\n(iii) if either an application made before July 1, 1977, for
\na construction grant under this Act for a publicly owned treatment
\nworks, or engineering or architectural plans or working
\ndrawings made before July 1, 1977, for a publicly owned treatment
\nworks, show that such point source was to discharge into
\nsuch publicly owned treatment works,
\nand such publicly owned treatment works is presently unable to accept
\nsuch discharge without construction, and in the case of a discharge
\nto an existing publicly owned treatment works, such treatment
\nworks has an extension pursuant to paragraph (1) of this
\nsubsection, the owner or operator of such point source may request
\nthe Administrator (or if appropriate the State) to issue or modify
\nsuch a permit pursuant to such section 402 to extend such time for
\ncompliance. Any such request shall be filed with the Administrator
\n(or if appropriate the State) within 180 days after the date of enactment
\nof this subsection or the filing of a request by the appropriate
\npublicly owned treatment works under paragraph (1) of this
\nsubsection, whichever is later. If the Administrator (or if appro-
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\nNovember 27, 2002
\n95 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
\n1 So in law. Probably should be \u2018\u2018than\u2019\u2019.
\npriate the State) finds that the owner or operator of such point
\nsource has acted in good faith, he may grant such request and
\nissue or modify such a permit, which shall contain a schedule of
\ncompliance for the point source to achieve the requirements of subsections
\n(b)(1)(A) and (C) of this section and shall contain such
\nother terms and conditions, including pretreatment and interim effluent
\nlimitations and water conservation requirements applicable
\nto that point source, as the Administrator determines are necessary
\nto carry out the provisions of this Act.
\n(B) No time modification granted by the Administrator (or if
\nappropriate the State) pursuant to paragraph (2)(A) of this subsection
\nshall extend beyond the earliest date practicable for compliance
\nor beyond the date of any extension granted to the appropriate
\npublicly owned treatment works pursuant to paragraph (1)
\nof this subsection, but in no event shall it extend beyond July 1,
\n1988, and no such time modification shall be granted unless (i) the
\npublicly owned treatment works will be in operation and available
\nto the point source before July 1, 1988, and will meet the requirements
\nto subsections (b)(1) (B) and (C) of this section after receiving
\nthe discharge from that point source; and (ii) the point source
\nand the publicly owned treatment works have entered into an enforceable
\ncontract requiring the point source to discharge into the
\npublicly owned treatment works, the owner or operator of such
\npoint source to pay the costs required under section 204 of this Act,
\nand the publicly owned treatment works to accept the discharge
\nfrom the point source; and (iii) the permit for such point source requires
\npoint source to meet all requirements under section 307 (a)
\nand (b) during the period of such time modification.
\n(j)(1) Any application filed under this section for a modification
\nof the provisions of\u2014
\n(A) subsection (b)(1)(B) under subsection (h) of this section
\nshall be filed not later that 1 the 365th day which begins after
\nthe date of enactment of the Municipal Wastewater Treatment
\nConstruction Grant Amendments of 1981, except that a publicly
\nowned treatment works which prior to December 31, 1982,
\nhad a contractual arrangement to use a portion of the capacity
\nof an ocean outfall operated by another publicly owned treatment
\nworks which has applied for or received modification
\nunder subsection (h), may apply for a modification of subsection
\n(h) in its own right not later than 30 days after the
\ndate of the enactment of the Water Quality Act of 1987, and
\nexcept as provided in paragraph (5);
\n(B) subsection (b)(2)(A) as it applies to pollutants identified
\nin subsection (b)(2)(F) shall be filed not later than 270 days
\nafter the date of promulgation of an applicable effluent guideline
\nunder section 304 or not later than 270 days after the date
\nof enactment of the Clean Water Act of 1977, whichever is
\nlater.
\n(2) Subject to paragraph (3) of this section, any application for
\na modification filed under subsection (g) of this section shall not operate
\nto stay any requirement under this Act, unless in the judgment
\nof the Administrator such a stay or the modification sought
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\nSec. 301 FEDERAL WATER POLLUTION CONTROL ACT 96
\nwill not result in the discharge of pollutants in quantities which
\nmay reasonably be anticipated to pose an unacceptable risk to
\nhuman health or the environment because of bioaccumulation, persistency
\nin the environment, acute toxicity, chronic toxicity (including
\ncarcinogenicity, mutagenicity or teratogenicity), or synergistic
\npropensities, and that there is a substantial likelihood that the applicant
\nwill succeed on the merits of such application. In the case
\nof an application filed under subsection (g) of this section, the Administrator
\nmay condition any stay granted under this paragraph
\non requiring the filing of a bond or other appropriate security to
\nassure timely compliance with the requirements from which a
\nmodification is sought.
\n(3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (g).\u2014
\n(A) EFFECT OF FILING.\u2014An application for a modification
\nunder subsection (g) and a petition for listing of a pollutant
\nas a pollutant for which modifications are authorized
\nunder such subsection shall not stay the requirement
\nthat the person seeking such modification or listing comply
\nwith effluent limitations under this Act for all pollutants
\nnot the subject of such application or petition.
\n(B) EFFECT OF DISAPPROVAL.\u2014Disapproval of an application
\nfor a modification under subsection (g) shall not
\nstay the requirement that the person seeking such modification
\ncomply with all applicable effluent limitations
\nunder this Act.
\n(4) DEADLINE FOR SUBSECTION (g) DECISION.\u2014An application
\nfor a modification with respect to a pollutant filed under
\nsubsection (g) must be approved or disapproved not later than
\n365 days after the date of such filing; except that in any case
\nin which a petition for listing such pollutant as a pollutant for
\nwhich modifications are authorized under such subsection is
\napproved, such application must be approved or disapproved
\nnot later than 365 days after the date of approval of such petition.
\n(5) EXTENSION OF APPLICATION DEADLINE.\u2014
\n(A) IN GENERAL.\u2014In the 180-day period beginning on
\nthe date of the enactment of this paragraph, the city of
\nSan Diego, California, may apply for a modification pursuant
\nto subsection (h) of the requirements of subsection
\n(b)(1)(B) with respect to biological oxygen demand and
\ntotal suspended solids in the effluent discharged into marine
\nwaters.
\n(B) APPLICATION.\u2014An application under this paragraph
\nshall include a commitment by the applicant to implement
\na waste water reclamation program that, at a
\nminimum, will\u2014
\n(i) achieve a system capacity of 45,000,000 gallons
\nof reclaimed waste water per day by January 1, 2010;
\nand
\n(ii) result in a reduction in the quantity of suspended
\nsolids discharged by the applicant into the marine
\nenvironment during the period of the modification.
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\n97 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
\n(C) ADDITIONAL CONDITIONS.\u2014The Administrator may
\nnot grant a modification pursuant to an application submitted
\nunder this paragraph unless the Administrator determines
\nthat such modification will result in removal of
\nnot less than 58 percent of the biological oxygen demand
\n(on an annual average) and not less than 80 percent of
\ntotal suspended solids (on a monthly average) in the discharge
\nto which the application applies.
\n(D) PRELIMINARY DECISION DEADLINE.\u2014The Administrator
\nshall announce a preliminary decision on an application
\nsubmitted under this paragraph not later than 1 year
\nafter the date the application is submitted.
\n(k) In the case of any facility subject to a permit under section
\n402 which proposes to comply with the requirements of subsection
\n(b)(2)(A) or (b)(2)(E) of this section by replacing existing production
\ncapacity with an innovative production process which will result in
\nan effluent reduction significantly greater than that required by
\nthe limitation otherwise applicable to such facility and moves toward
\nthe national goal of eliminating the discharge of all pollutants,
\nor with the installation of an innovative control technique
\nthat has a substantial likelihood for enabling the facility to comply
\nwith the applicable effluent limitation by achieving a significantly
\ngreater effluent reduction than that required by the applicable effluent
\nlimitation and moves toward the national goal of eliminating
\nthe discharge of all pollutants, or by achieving the required reduction
\nwith an innovative system that has the potential for significantly
\nlower costs than the systems which have been determined
\nby the Administrator to be economically achievable, the Administrator
\n(or the State with an approved program under section 402,
\nin consultation with the Administrator) may establish a date for
\ncompliance under subsection (b)(2)(A) or (b)(2)(E) of this section no
\nlater than two years after the date for compliance with such effluent
\nlimitation which would otherwise be applicable under such subsection,
\nif it is also determined that such innovative system has the
\npotential for industrywide application.
\n(l) Other than as provided in subsection (n) of this section, the
\nAdministrator may not modify any requirement of this section as
\nit applies to any specific pollutant which is on the toxic pollutant
\nlist under section 307(a)(1) of this Act.
\n(m)(1) The Administrator, with the concurrence of the State,
\nmay issue a permit under section 402 which modifies the requirements
\nof subsections (b)(1)(A) and (b)(2)(E) of this section, and of
\nsection 403, with respect to effluent limitations to the extent such
\nlimitations relate to biochemical oxygen demand and pH from discharges
\nby an industrial discharger in such State into deep waters
\nof the territorial seas, if the applicant demonstrates and the Administrator
\nfinds that\u2014
\n(A) the facility for which modification is sought is covered
\nat the time of the enactment of this subsection by National
\nPollutant Discharge Elimination System permit number
\nCA0005894 or CA0005282;
\n(B) the energy and environmental costs of meeting such requirements
\nof subsections (b)(1)(A) and (b)(2)(E) and section
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\nSec. 301 FEDERAL WATER POLLUTION CONTROL ACT 98
\n403 exceed by an unreasonable amount the benefits to be obtained,
\nincluding the objectives of this Act;
\n(C) the applicant has established a system for monitoring
\nthe impact of such discharges on a representative sample of
\naquatic biota;
\n(D) such modified requirements will not result in any additional
\nrequirements on any other point or nonpoint source;
\n(E) there will be no new or substantially increased discharges
\nfrom the point source of the pollutant to which the
\nmodification applies above that volume of discharge specified
\nin the permit;
\n(F) the discharge is into waters where there is strong tidal
\nmovement and other hydrological and geological characteristics
\nwhich are necessary to allow compliance with this subsection
\nand section 101(a)(2) of this Act;
\n(G) the applicant accepts as a condition to the permit a
\ncontractural obligation to use funds in the amount required
\n(but not less than $250,000 per year for ten years) for research
\nand development of water pollution control technology, including
\nbut not limited to closed cycle technology;
\n(H) the facts and circumstances present a unique situation<\/p>\n
\nrelaxation of the requirements of this Act applicable to similarly
\nsituated discharges; and
\n(I) no owner or operator of a facility comparable to that of
\nthe applicant situated in the United States has demonstrated
\nthat it would be put at a competitive disadvantage to the applicant
\n(or the parent company or any subsidiary thereof) as a result
\nof the issuance of a permit under this subsection.
\n(2) The effluent limitations established under a permit issued
\nunder paragraph (1) shall be sufficient to implement the applicable
\nState water quality standards, to assure the protection of public
\nwater supplies and protection and propagation of a balanced, indigenous
\npopulation of shellfish, fish, fauna, wildlife, and other aquatic
\norganisms, and to allow recreational activities in and on the
\nwater. In setting such limitations, the Administrator shall take
\ninto account any seasonal variations and the need for an adequate
\nmargin of safety, considering the lack of essential knowledge concerning
\nthe relationship between effluent limitations and water
\nquality and the lack of essential knowledge of the effects of discharges
\non beneficial uses of the receiving waters.
\n(3) A permit under this subsection may be issued for a period
\nnot to exceed five years, and such a permit may be renewed for one
\nadditional period not to exceed five years upon a demonstration by
\nthe applicant and a finding by the Administrator at the time of application
\nfor any such renewal that the provisions of this subsection
\nare met.
\n(4) The Administrator may terminate a permit issued under
\nthis subsection if the Administrator determines that there has been
\na decline in ambient water quality of the receiving waters during
\nthe period of the permit even if a direct cause and effect relationship
\ncannot be shown: Provided, That if the effluent from a source
\nwith a permit issued under this subsection is contributing to a de-
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\n99 FEDERAL WATER POLLUTION CONTROL ACT Sec. 301
\ncline in ambient water quality of the receiving waters, the Administrator
\nshall terminate such permit.
\n(n) FUNDAMENTALLY DIFFERENT FACTORS.\u2014
\n(1) GENERAL RULE.\u2014The Administrator, with the
\nconcurrance of the State, may establish an alternative requirement
\nunder subsection (b)(2) or section 307(b) for a facility that
\nmodifies the requirements of national effluent limitation guidelines
\nor categorical pretreatment standards that would otherwise
\nbe applicable to such facility, if the owner or operator of
\nsuch facility demonstrates to the satisfaction of the Administrator
\nthat\u2014
\n(A) the facility is fundamentally different with respect
\nto the factors (other than cost) specified in section 304(b)
\nor 304(g) and considered by the Administrator in establishing
\nsuch national effluent limitation guidelines or categorical
\npretreatment standards;
\n(B) the application\u2014
\n(i) is based solely on information and supporting
\ndata submitted to the Administrator during the rule
\nmaking for establishment of the applicable national effluent
\nlimitation guidelines or categorical
\npretreatment standard specifically raising the factors
\nthat are fundamentally different for such facility; or
\n(ii) is based on information and supporting data
\nreferred to in clause (i) and information and supporting
\ndata the applicant did not have a reasonable
\nopportunity to submit during such rulemaking;
\n(C) the alternative requirement is no less stringent
\nthan justified by the fundamental difference; and
\n(D) the alternative requirement will not result in a
\nnon-water quality environmental impact which is markedly
\nmore adverse than the impact considered by the Administrator
\nin establishing such national affluent limitation
\nguideline or categorical pretreatment standard.
\n(2) TIME LIMIT FOR APPLICATIONS.\u2014An application for an
\nalternative requirement which modifies the requirements of an
\neffluent limitation or pretreatment standard under this subsection
\nmust be submitted to the Administrator within 180
\ndays after the date on which such limitation or standard is established
\nor revised, as the case may be.
\n(3) TIME LIMIT FOR DECISION.\u2014The Administrator shall approve
\nor deny by final agency action an application submitted
\nunder this subsection within 180 days after the date such application
\nis filed with the Administrator.
\n(4) SUBMISSION OF INFORMATION.\u2014The Administrator may
\nallow an applicant under this subsection to submit information
\nand supporting data until the earlier of the date the application
\nis approved or denied or the last day that the Administrator
\nhas to approve or deny such application.
\n(5) TREATMENT OF PENDING APPLICATIONS.\u2014For the purposes
\nof this subsection, an application for an alternative requirement
\nbased on fundamentally different factors which is
\npending on the date of the enactment of this subsection shall
\nbe treated as having been submitted to the Administrator on
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\nSec. 301 FEDERAL WATER POLLUTION CONTROL ACT 100
\nthe 180th day following such date of enactment. The applicant
\nmay amend the application to take into account the provisions
\nof this subsection.
\n(6) EFFECT OF SUBMISSION OF APPLICATION.\u2014An application
\nfor an alternative requirement under this subsection shall
\nnot stay the applicant\u2019s obligation to comply with the effluent
\nlimitation guideline or categorical pretreatment standard
\nwhich is the subject of the application.
\n(7) EFFECT OF DENIAL.\u2014If an application for an alternative
\nrequirement which modifies the requirements of an effluent
\nlimitation or pretreatment standard under this subsection is
\ndenied by the Administrator, the applicant must comply with
\nsuch limitation or standard as established or revised, as the
\ncase may be.
\n(8) REPORTS.\u2014By January 1, 1997, and January 1 of every
\nodd-numbered year thereafter, the Administrator shall submit
\nto the Committee on Environment and Public Works of the
\nSenate and the Committee on Transportation and Infrastructure
\nof Representatives a report on the status of applications
\nfor alternative requirements which modify the requirements of
\neffluent limitations under section 301 or 304 of this Act or any
\nnational categorical pretreatment standard under section
\n307(b) of this Act filed before, on, or after such date of enactment.
\n(o) APPLICATION FEES.\u2014The Administrator shall prescribe and
\ncollect from each applicant fees reflecting the reasonable administrative
\ncosts incurred in reviewing and processing applications for
\nmodifications submitted to the Administrator pursuant to subsections
\n(c), (g), (i), (k), (m), and (n) of section 301, section 304(d)(4),
\nand section 316(a) of this Act. All amounts collected by the Administrator
\nunder this subsection shall be deposited into a special fund
\nof the Treasury entitled \u2018\u2018Water Permits and Related Services\u2019\u2019
\nwhich shall thereafter be available for appropriation to carry out
\nactivities of the Environmental Protection Agency for which such
\nfees were collected.
\n(p) MODIFIED PERMIT FOR COAL REMINING OPERATIONS.\u2014
\n(1) IN GENERAL.\u2014Subject to paragraphs (2) through (4) of
\nthis subsection, the Administrator, or the State in any case
\nwhich the State has an approved permit program under section
\n402(b), may issue a permit under section 402 which modifies
\nthe requirements of subsection (b)(2)(A) of this section with respect
\nto the pH level of any pre-existing discharge, and with
\nrespect to pre-existing discharges of iron and manganese from
\nthe remined area of any coal remining operation or with respect
\nto the pH level or level of iron or manganese in any preexisting
\ndischarge affected by the remining operation. Such
\nmodified requirements shall apply the best available technology
\neconomically achievable on a case-by-case basis, using
\nbest professional judgment, to set specific numerical effluent
\nlimitations in each permit.
\n(2) LIMITATIONS.\u2014The Administrator or the State may
\nonly issue a permit pursuant to paragraph (1) if the applicant
\ndemonstrates to the satisfaction of the Administrator or the
\nState, as the case may be, that the coal remining operation will
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\nNovember 27, 2002
\n101 FEDERAL WATER POLLUTION CONTROL ACT Sec. 302
\nresult in the potential for improved water quality from the remining
\noperation but in no event shall such a permit allow the
\npH level of any discharge, and in no event shall such a permit
\nallow the discharges of iron and manganese, to exceed the levels
\nbeing discharged from the remined area before the coal remining
\noperation begins. No discharge from, or affected by, the
\nremining operation shall exceed State water quality standards
\nestablished under section 303 of this Act.
\n(3) DEFINITIONS.\u2014For purposes of this subsection\u2014
\n(A) COAL REMINING OPERATION.\u2014The term \u2018\u2018coal remining
\noperation\u2019\u2019 means a coal mining operation which
\nbegins after the date of the enactment of this subsection
\nat a site on which coal mining was conducted before the
\neffective date of the Surface Mining Control and Reclamation
\nAct of 1977.
\n(B) REMINED AREA.\u2014The term \u2018\u2018remined area\u2019\u2019 means
\nonly that area of any coal remining operation on which
\ncoal mining was conducted before the effective date of the
\nSurface Mining Control and Reclamation Act of 1977.
\n(C) PRE-EXISTING DISCHARGE.\u2014The term \u2018\u2018pre-existing
\ndischarge\u2019\u2019 means any discharge at the time of permit application
\nunder this subsection.
\n(4) APPLICABILITY OF STRIP MINING LAWS.\u2014Nothing in this
\nsubsection shall affect the application of the Surface Mining
\nControl and Reclamation Act of 1977 to any coal remining operation,
\nincluding the application of such Act to suspended solids.
\n(33 U.S.C. 1311)
\nWATER QUALITY RELATED EFFLUENT LIMITATIONS
\nSEC. 302. (a) Whenever, in the judgment of the Administrator
\nor as identified under section 304(l), discharges of pollutants from
\na point source or group of point sources, with the application of effluent
\nlimitations required under section 301(b)(2) of this Act,
\nwould interfere with the attainment or maintenance of that water
\nquality in a specific portion of the navigable waters which shall assure
\nprotection of public health, public water supplies, agricultural
\nand industrial uses, and the protection and propagation of a balanced
\npopulation of shellfish, fish and wildlife, and allow recreational
\nactivities in and on the water, effluent limitations (including
\nalternative effluent control strategies) for such point source or
\nsources shall be established which can reasonably be expected to
\ncontribute to the attainment or maintenance of such water quality.
\n(b) MODIFICATIONS OF EFFLUENT LIMITATIONS.\u2014
\n(1) NOTICE AND HEARING.\u2014Prior to establishment of any
\neffluent limitation pursuant to subsection (a) of this section,
\nthe Administrator shall publish such proposed limitation and
\nwithin 90 days of such publication hold a public hearing.
\n(2) PERMITS.\u2014
\n(A) NO REASONABLE RELATIONSHIP.\u2014The Administrator,
\nwith the concurrence of the State, may issue a permit
\nwhich modifies the effluent limitations required by
\nsubsection (a) of this section for pollutants other than toxic
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\nNovember 27, 2002
\nSec. 303 FEDERAL WATER POLLUTION CONTROL ACT 102
\npollutants if the applicant demonstrates at such hearing
\nthat (whether or not technology or other alternative control
\nstrategies are available) there is no reasonable relationship
\nbetween the economic and social costs and the
\nbenefits to be obtained (including attainment of the objective
\nof this Act) from achieving such limitation.
\n(B) REASONABLE PROGRESS.\u2014The Administrator, with
\nthe concurrence of the State, may issue a permit which
\nmodifies the effluent limitations required by subsection (a)
\nof this section for toxic pollutants for a single period not
\nto exceed 5 years if the applicant demonstrates to the satisfaction
\nof the Administrator that such modified requirements
\n(i) will represent the maximum degree of control
\nwithin the economic capability of the owner and operator
\nof the source, and (ii) will result in reasonable further
\nprogress beyond the requirements of section 301(b)(2) toward
\nthe requirements of subsection (a) of this section.
\n(c) The establishment of effluent limitations under this section
\nshall not operate to delay the application of any effluent limitation
\nestablished under section 301 of this Act.
\n(33 U.S.C. 1312)
\nWATER QUALITY STANDARDS AND IMPLEMENTATION PLANS
\nSEC. 303. (a)(1) In order to carry out the purpose of this Act,
\nany water quality standard applicable to interstate waters which
\nwas adopted by any State and submitted to, and approved by, or
\nis awaiting approval by, the Administrator pursuant to this Act as
\nin effect immediately prior to the date of enactment of the Federal
\nWater Pollution Control Act Amendments of 1972, shall remain in
\neffect unless the Administrator determined that such standard is
\nnot consistent with the applicable requirements of this Act as in effect
\nimmediately prior to the date of enactment of the Federal
\nWater Pollution Control Act Amendments of 1972. If the Administrator
\nmakes such a determination he shall, within three months
\nafter the date of enactment of the Federal Water Pollution Control
\nAct Amendments of 1972, notify the State and specify the changes
\nneeded to meet such requirements. If such changes are not adopted
\nby the State within ninety days after the date of such notification,
\nthe Administrator shall promulgate such changes in accordance
\nwith subsection (b) of this section.
\n(2) Any State which, before the date of enactment of the Federal
\nWater Pollution Control Act Amendments of 1972, has adopted,
\npursuant to its own law, water quality standards applicable to
\nintrastate waters shall submit such standards to the Administrator
\nwithin thirty days after the date of enactment of the Federal Water
\nPollution Control Act Amendments of 1972. Each such standard
\nshall remain in effect, in the same manner and to the same extent
\nas any other water quality standard established under this Act unless
\nthe Administrator determines that such standard is inconsistent
\nwith the applicable requirements of this Act as in effect immediately
\nprior to the date of enactment of the Federal Water Pollution
\nControl Act Amendments of 1972. If the Administrator
\nmakes such a determination he shall not later than the one hun-
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\n103 FEDERAL WATER POLLUTION CONTROL ACT Sec. 303
\ndred and twentieth day after the date of submission of such standards,
\nnotify the State and specify the changes needed to meet such
\nrequirements. If such changes are not adopted by the State within
\nninety days after such notification, the Administrator shall promulgate
\nsuch changes in accordance with subsection (b) of this section.
\n(3)(A) Any State which prior to the date of enactment of the
\nFederal Water Pollution Control Act Amendments of 1972 has not
\nadopted pursuant to its own laws water quality standards applicable
\nto intrastate waters shall, not later than one hundred and
\neighty days after the date of enactment of the Federal Water Pollution
\nControl Act Amendments of 1972, adopt and submit such
\nstandards to the Administrator.
\n(B) If the Administrator determines that any such standards
\nare consistent with the applicable requirements of this Act as in effect
\nimmediately prior to the date of enactment of the Federal
\nWater Pollution Control Act Amendments of 1972, he shall approve
\nsuch standards.
\n(C) If the Administrator determines that any such standards
\nare not consistent with the applicable requirements of this Act as
\nin effect immediately prior to the date of enactment of the Federal
\nWater Pollution Control Act Amendments of 1972, he shall, not
\nlater than the ninetieth day after the date of submission of such
\nstandards, notify the State and specify the changes to meet such
\nrequirements. If such changes are not adopted by the State within
\nninety days after the date of notification, the Administrator shall
\npromulgate such standards pursuant to subsection (b) of this section.
\n(b)(1) The Administrator shall promptly prepare and publish
\nproposed regulations setting forth water quality standards for a
\nState in accordance with the applicable requirements of this Act as
\nin effect immediately prior to the date of enactment of the Federal
\nWater Pollution Control Act Amendments of 1972, if\u2014
\n(A) the State fails to submit water quality standards within
\nthe times prescribed in subsection (a) of this section,
\n(B) a water quality standard submitted by such State
\nunder subsection (a) of this section is determined by the Administrator
\nnot to be consistent with the applicable requirements
\nof subsection (a) of this section.
\n(2) The Administrator shall promulgate any water quality
\nstandard published in a proposed regulation not later than one
\nhundred and ninety days after the date he publishes any such proposed
\nstandard, unless prior to such promulgation, such State has
\nadopted a water quality standard which the Administrator determines
\nto be in accordance with subsection (a) of this section.
\n(c)(1) The Governor of a State or the State water pollution control
\nagency of such State shall from time to time (but at least once
\neach three year period beginning with the date of enactment of the
\nFederal Water Pollution Control Act Amendments of 1972) hold
\npublic hearings for the purpose of reviewing applicable water quality
\nstandards and, as appropriate, modifying and adopting standards.
\nResults of such review shall be made available to the Administrator.
\n(2)(A) Whenever the State revises or adopts a new standard,
\nsuch revised or new standard shall be submitted to the Adminis-
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\nNovember 27, 2002
\nSec. 303 FEDERAL WATER POLLUTION CONTROL ACT 104
\ntrator. Such revised or new water quality standard shall consist of
\nthe designated uses of the navigable waters involved and the water
\nquality criteria for such waters based upon such uses. Such standards
\nshall be such as to protect the public health or welfare, enhance
\nthe quality of water and serve the purposes of this Act. Such
\nstandards shall be established taking into consideration their use
\nand value for public water supplies, propagation of fish and wildlife,
\nrecreational purposes, and agricultural, industrial, and other
\npurposes, and also taking into consideration their use and value for
\nnavigation.
\n(B) Whenever a State reviews water quality standards pursuant
\nto paragraph (1) of this subsection, or revises or adopts new
\nstandards pursuant to this paragraph, such State shall adopt criteria
\nfor all toxic pollutants listed pursuant to section 307(a)(1) of
\nthis Act for which criteria have been published under section
\n304(a), the discharge or presence of which in the affected waters
\ncould reasonably be expected to interfere with those designated
\nuses adopted by the State, as necessary to support such designated
\nuses. Such criteria shall be specific numerical criteria for such toxic
\npollutants. Where such numerical criteria are not available, whenever
\na State reviews water quality standards pursuant to paragraph
\n(1), or revises or adopts new standards pursuant to this
\nparagraph, such State shall adopt criteria based on biological monitoring
\nor assessment methods consistent with information published
\npursuant to section 304(a)(8). Nothing in this section shall
\nbe construed to limit or delay the use of effluent limitations or
\nother permit conditions based on or involving biological monitoring
\nor assessment methods or previously adopted numerical criteria.
\n(3) If the Administrator, within sixty days after the date of
\nsubmission of the revised or new standard, determines that such
\nstandard meets the requirements of this Act, such standard shall
\nthereafter be the water quality standard for the applicable waters
\nof that State. If the Administrator determines that any such revised
\nor new standard is not consistent with the applicable requirements
\nof this Act, he shall not later than the ninetieth day after
\nthe date of submission of such standard notify the State and specify
\nthe changes to meet such requirements. If such changes are not
\nadopted by the State within ninety days after the date of notification,
\nthe Administrator shall promulgate such standard pursuant
\nto paragraph (4) of this subsection.
\n(4) The Administrator shall promptly prepare and publish proposed
\nregulations setting forth a revised or new water quality
\nstandard for the navigable waters involved\u2014
\n(A) if a revised or new water quality standard submitted
\nby such State under paragraph (3) of this subsection for such
\nwaters is determined by the Administrator not to be consistent
\nwith the applicable requirements of this Act, or
\n(B) in any case where the Administrator determines that
\na revised or new standard is necessary to meet the requirements
\nof this Act.
\nThe Administrator shall promulgate any revised or new standard
\nunder this paragraph not later than ninety days after he publishes
\nsuch proposed standards, unless prior to such promulgation, such
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\n105 FEDERAL WATER POLLUTION CONTROL ACT Sec. 303
\nState has adopted a revised or new water quality standard which
\nthe Administrator determines to be in accordance with this Act.
\n(d)(1)(A) Each State shall identify those waters within its
\nboundaries for which the effluent limitations required by section
\n301(b)(1)(A) and section 301(b)(1)(B) are not stringent enough to
\nimplement any water quality standard applicable to such waters.
\nThe State shall establish a priority ranking for such waters, taking
\ninto account the severity of the pollution and the uses to be made
\nof such waters.
\n(B) Each State shall identify those waters or parts thereof
\nwithin its boundaries for which controls on thermal discharges
\nunder section 301 are not stringent enough to assure protection
\nand propagation of a balanced indigenous population of shellfish,
\nfish, and wildlife.
\n(C) Each State shall establish for the waters identified in paragraph
\n(1)(A) of this subsection, and in accordance with the priority
\nranking, the total maximum daily load, for those pollutants which
\nthe Administrator identifies under section 304(a)(2) as suitable for
\nsuch calculation. Such load shall be established at a level necessary
\nto implement the applicable water quality standards with seasonal
\nvariations and a margin of safety which takes into account any
\nlack of knowledge concerning the relationship between effluent limitations
\nand water quality.
\n(D) Each State shall estimate for the waters identified in paragraph
\n(1)(D) of this subsection the total maximum daily thermal
\nload required to assure protection and propagation of a balanced,
\nindigenous population of shellfish, fish and wildlife. Such estimates
\nshall take into account the normal water temperatures, flow rates,
\nseasonal variations, existing sources of heat input, and the dissipative
\ncapacity of the identified waters or parts thereof. Such estimates
\nshall include a calculation of the maximum heat input that
\ncan be made into each such part and shall include a margin of safety
\nwhich takes into account any lack of knowledge concerning the
\ndevelopment of thermal water quality criteria for such protection
\nand propagation in the identified waters or parts thereof.
\n(2) Each State shall submit to the Administrator from time to
\ntime, with the first such submission not later than one hundred
\nand eighty days after the date of publication of the first identification
\nof pollutants under section 304(a)(2)(D), for his approval the
\nwaters identified and the loads established under paragraphs
\n(1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. The Administrator
\nshall either approve or disapprove such identification and
\nload not later than thirty days after the date of submission. If the
\nAdministrator approves such identification and load, such State
\nshall incorporate them into its current plan under subsection (e) of
\nthis section. If the Administrator disapproves such identification
\nand load, he shall not later than thirty days after the date of such
\ndisapproval identify such waters in such State and establish such
\nloads for such waters as he determines necessary to implement the
\nwater quality standards applicable to such waters and upon such
\nidentification and establishment the State shall incorporate them
\ninto its current plan under subsection (e) of this section.
\n(3) For the specific purpose of developing information, each
\nState shall identify all waters within its boundaries which it has
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\nSec. 303 FEDERAL WATER POLLUTION CONTROL ACT 106
\nnot identified under paragraph (1)(A) and (1)(B) of this subsection
\nand estimate for such waters the total maximum daily load with
\nseasonal variations and margins of safety, for those pollutants
\nwhich the Administrator identifies under section 304(a)(2) as suitable
\nfor such calculation and for thermal discharges, at a level that
\nwould assure protection and propagation of a balanced indigenous
\npopulation of fish, shellfish and wildlife.
\n(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS.\u2014
\n(A) STANDARD NOT ATTAINED.\u2014For waters identified
\nunder paragraph (1)(A) where the applicable water quality
\nstandard has not yet been attained, any effluent limitation
\nbased on a total maximum daily load or other waste load
\nallocation established under this section may be revised
\nonly if (i) the cumulative effect of all such revised effluent
\nlimitations based on such total maximum daily load or
\nwaste load allocation will assure the attainment of such
\nwater quality standard, or (ii) the designated use which is
\nnot being attained is removed in accordance with regulations
\nestablished under this section.
\n(B) STANDARD ATTAINED.\u2014For waters identified under
\nparagraph (1)(A) where the quality of such waters equals
\nor exceeds levels necessary to protect the designated use
\nfor such waters or otherwise required by applicable water
\nquality standard, any effluent limitation based on a total
\nmaximum daily load or other waste load allocation established
\nunder this section, or any water quality standard
\nestablished under this section, or any other permitting
\nstandard may be revised only if such revision is subject to
\nand consistent with the antidegradation policy established
\nunder this section.
\n(e)(1) Each State shall have a continuing planning process approved
\nunder paragraph (2) of this subsection which is consistent
\nwith this Act.
\n(2) Each State shall submit not later than 120 days after the
\ndate of the enactment of the Water Pollution Control Amendments
\nof 1972 to the Administrator for his approval a proposed continuing
\nplanning process which is consistent with this Act. Not later than
\nthirty days after the date of submission of such a process the Administrator
\nshall either approve or disapprove such process. The
\nAdministrator shall from time to time review each State\u2019s approved
\nplanning process for the purpose of insuring that such planning
\nprocess is at all times consistent with this Act. The Administrator
\nshall not approve any State permit program under title IV of this
\nAct for any State which does not have an approved continuing
\nplanning process under this section.
\n(3) The Administrator shall approve any continuing planning
\nprocess submitted to him under this section which will result in
\nplans for all navigable waters within such State, which include, but
\nare not limited to, the following:
\n(A) effluent limitations and schedules of compliance at
\nleast as stringent as those required by section 301(b)(1), section
\n301(b)(2), section 306, and section 307, and at least as
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\n107 FEDERAL WATER POLLUTION CONTROL ACT Sec. 303
\nstringent as any requirements contained in any applicable
\nwater quality standard in effect under authority of this section;
\n(B) the incorporation of all elements of any applicable
\nareawide waste management plans under section 208, and applicable
\nbasin plans under section 209 of this Act;
\n(C) total maximum daily load for pollutants in accordance
\nwith subsection (d) of this section;
\n(D) procedures for revision;
\n(E) adequate authority for intergovernmental cooperation;
\n(F) adequate implementation, including schedules of compliance,
\nfor revised or new water quality standards, under subsection
\n(c) of this section;
\n(G) controls over the disposition of all residual waste from
\nany water treatment processing;
\n(H) an inventory and ranking, in order of priority, of needs
\nfor construction of waste treatment works required to meet the
\napplicable requirements of sections 301 and 302.
\n(f) Nothing in this section shall be construed to affect any effluent
\nlimitation, or schedule of compliance required by any State to
\nbe implemented prior to the dates set forth in sections 301(b)(1)
\nand 301(b)(2) nor to preclude any State from requiring compliance
\nwith any effluent limitation or schedule of compliance at dates earlier
\nthan such dates.
\n(g) Water quality standards relating to heat shall be consistent
\nwith the requirements of section 316 of this Act.
\n(h) For the purposes of this Act the term \u2018\u2018water quality standards\u2019\u2019
\nincludes thermal water quality standards.
\n(i) COASTAL RECREATION WATER QUALITY CRITERIA.\u2014
\n(1) ADOPTION BY STATES.\u2014
\n(A) INITIAL CRITERIA AND STANDARDS.\u2014Not later than
\n42 months after the date of the enactment of this subsection,
\neach State having coastal recreation waters shall
\nadopt and submit to the Administrator water quality criteria
\nand standards for the coastal recreation waters of the
\nState for those pathogens and pathogen indicators for
\nwhich the Administrator has published criteria under section
\n304(a).
\n(B) NEW OR REVISED CRITERIA AND STANDARDS.\u2014Not
\nlater than 36 months after the date of publication by the
\nAdministrator of new or revised water quality criteria
\nunder section 304(a)(9), each State having coastal recreation
\nwaters shall adopt and submit to the Administrator
\nnew or revised water quality standards for the coastal
\nrecreation waters of the State for all pathogens and pathogen
\nindicators to which the new or revised water quality
\ncriteria are applicable.
\n(2) FAILURE OF STATES TO ADOPT.\u2014
\n(A) IN GENERAL.\u2014If a State fails to adopt water quality
\ncriteria and standards in accordance with paragraph
\n(1)(A) that are as protective of human health as the criteria
\nfor pathogens and pathogen indicators for coastal
\nrecreation waters published by the Administrator, the Administrator
\nshall promptly propose regulations for the
\nState setting forth revised or new water quality standards
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\nNovember 27, 2002
\nSec. 304 FEDERAL WATER POLLUTION CONTROL ACT 108
\nfor pathogens and pathogen indicators described in paragraph
\n(1)(A) for coastal recreation waters of the State.
\n(B) EXCEPTION.\u2014If the Administrator proposes regulations
\nfor a State described in subparagraph (A) under subsection
\n(c)(4)(B), the Administrator shall publish any revised
\nor new standard under this subsection not later than
\n42 months after the date of the enactment of this subsection.
\n(3) APPLICABILITY.\u2014Except as expressly provided by this
\nsubsection, the requirements and procedures of subsection (c)
\napply to this subsection, including the requirement in subsection
\n(c)(2)(A) that the criteria protect public health and welfare.
\n(33 U.S.C. 1313)
\nINFORMATION AND GUIDELINES
\nSEC. 304. (a)(1) The Administrator, after consultation with appropriate
\nFederal and State agencies and other interested persons,
\nshall develop and publish, within one year after the date of enactment
\nof this title (and from time to time thereafter revise) criteria
\nfor water quality accurately reflecting the latest scientific knowledge
\n(A) on the kind and extent of all identifiable effects on health
\nand welfare including, but not limited to, plankton, fish, shellfish,
\nwildlife, plant life, shorelines, beaches, esthetics, and recreation
\nwhich may be expected from the presence of pollutants in any body
\nof water, including ground water; (B) on the concentration and dispersal
\nof pollutants, or their byproducts, through biological, physical,
\nand chemical processes; and (C) on the effects of pollutants on
\nbiological community diversity, productivity, and stability, including
\ninformation on the factors affecting rates of eutrophication and
\nrates of organic and inorganic sedimentation for varying types of
\nreceiving waters.
\n(2) The Administrator, after consultation with appropriate Federal
\nand State agencies and other interested persons, shall develop
\nand publish, within one year after the date of enactment of this
\ntitle (and from time to time thereafter revise) information (A) on
\nthe factors necessary to restore and maintain the chemical, physical,
\nand biological integrity of all navigable waters, ground waters,
\nwaters of the contiguous zone, and the oceans; (B) on the factors
\nnecessary for the protection and propagation of shellfish, fish, and
\nwildlife for classes and categories of receiving waters and to allow
\nrecreational activities in and on the water; and (C) on the measurement
\nand classification of water quality; and (D) for the purpose of
\nsection 303, on and the identification of pollutants suitable for
\nmaximum daily load measurement correlated with the achievement
\nof water quality objectives.
\n(3) Such criteria and information and revisions thereof shall be
\nissued to the States and shall be published in the Federal Register
\nand otherwise made available to the public.
\n(4) The Administrator shall, within 90 days after the date of
\nenactment of the Clean Water Act of 1977 and from time to time
\nthereafter, publish and revise as appropriate information identifying
\nconventional pollutants, including but not limited to, pollut-
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\n109 FEDERAL WATER POLLUTION CONTROL ACT Sec. 304
\nants classified as biological oxygen demanding, suspended solids,
\nfecal coliform, and pH. The thermal component of any discharge
\nshall not be identified as a conventional pollutant under this paragraph.
\n(5)(A) The Administrator, to the extent practicable before consideration
\nof any request under section 301(g) of this Act and within
\nsix months after the date of enactment of the Clean Water Act
\nof 1977, shall develop and publish information on the factors necessary
\nfor the protection of public water supplies, and the protection
\nand propagation of a balanced population of shellfish, fish and
\nwildlife, and to allow recreational activities, in and on the water.
\n(B) The Administrator, to the extent practicable before consideration
\nof any application under section 301(h) of this Act and
\nwithin six months after the date of enactment of Clean<\/p>\n
\nof 1977, shall develop and publish information on the factors necessary
\nfor the protection of public water supplies, and the protection
\nand propagation of a balanced indigenous population of shellfish,
\nfish and wildlife, and to allow recreational activities, in and
\non the water.
\n(6) The Administrator shall, within three months after enactment
\nof the Clean Water Act of 1977 and annually thereafter, for
\npurposes of section 301(h) of this Act publish and revise as appropriate
\ninformation identifying each water quality standard in effect
\nunder this Act of State law, the specific pollutants associated with
\nsuch water quality standard, and the particular waters to which
\nsuch water quality standard applies.
\n(7) GUIDANCE TO STATES.\u2014The Administrator, after consultation
\nwith appropriate State agencies and on the basis of
\ncriteria and information published under paragraphs (1) and
\n(2) of this subsection, shall develop and publish, within 9
\nmonths after the date of the enactment of the Water Quality
\nAct of 1987, guidance to the States on performing the identification
\nrequired by section 304(l)(1) of this Act.
\n(8) INFORMATION ON WATER QUALITY CRITERIA.\u2014The Administrator,
\nafter consultation with appropriate State agencies
\nand within 2 years after the date of the enactment of the
\nWater Quality Act of 1987, shall develop and publish information
\non methods for establishing and measuring water quality
\ncriteria for toxic pollutants on other bases than pollutant-bypollutant
\ncriteria, including biological monitoring and assessment
\nmethods.
\n(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.\u2014
\n(A) IN GENERAL.\u2014Not later than 5 years after the date
\nof the enactment of this paragraph, after consultation and
\nin cooperation with appropriate Federal, State, tribal, and
\nlocal officials (including local health officials), the Administrator
\nshall publish new or revised water quality criteria
\nfor pathogens and pathogen indicators (including a revised
\nlist of testing methods, as appropriate), based on the results
\nof the studies conducted under section 104(v), for the
\npurpose of protecting human health in coastal recreation
\nwaters.
\n(B) REVIEWS.\u2014Not later than the date that is 5 years
\nafter the date of publication of water quality criteria under
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\nSec. 304 FEDERAL WATER POLLUTION CONTROL ACT 110
\nthis paragraph, and at least once every 5 years thereafter,
\nthe Administrator shall review and, as necessary, revise
\nthe water quality criteria.
\n(b) For the purposes of adopting or revising effluent limitations
\nunder this Act the Administrator shall, after consultation with appropriate
\nFederal and State agencies and other interested persons,
\npublish within one year of enactment of this title, regulations, providing
\nguidelines for effluent limitations, and, at least annually
\nthereafter, revise, if appropriate, such regulations. Such regulations
\nshall\u2014
\n(1)(A) identify, in terms of amounts of constituents and
\nchemical, physical, and biological characteristics of pullutants,
\nthe degree of effluent reduction attainable through the application
\nof the best practicable control technology currently available
\nfor classes and categories to point sources (other than
\npublicly owned treatment works); and
\n(B) specify factors to be taken into account in determining
\nthe control measures and practices to be applicable to point
\nsources (other than publicly owned treatment works) within
\nsuch categories of classes. Factors relating to the assessment
\nof best practical control technology currently available to comply
\nwith subsection (b)(1) of section 301 of this Act shall include
\nconsideration of the total cost of application of technology
\nin relation to the effluent reduction benefits to be achieved
\nfrom such application, and shall also take into account the age
\nof equipment and facilities involved, the process employed, the
\nengineering aspects of the application of various types of control
\ntechniques, process changes, non-water quality environmental
\nimpact (including energy requirements), and such other
\nfactors as the Administrator deems appropriate;
\n(2)(A) identify, in terms of amounts of constituents and
\nchemical, physical, and biological characteristics of pollutants,
\nthe degree of effluent reduction attainable through the application
\nof the best control measures and practices achievable including
\ntreatment techniques, process and procedure innovations,
\noperating methods, and other alternatives for classes
\nand categories of point sources (other than publicly owned
\ntreatment works); and
\n(B) specify factors to be taken into account in determining
\nthe best measures and practices available to comply with subsection
\n(b)(2) of section 301 of this Act to be applicable to any
\npoint source (other than publicly owned treatment works) within
\nsuch categories of classes. Factors relating to the assessment
\nof best available technology shall take into account the age of
\nequipment and facilities involved, the process employed, the
\nengineering aspects of the application of various types of control
\ntechniques, process changes, the cost of achieving such effluent
\nreduction, non-water quality environmental impact (including
\nenergy requirements), and such other factors as the
\nAdministrator deems appropriate;
\n(3) identify control measures and practices available to
\neliminate the discharge of pollutants from categories and classes
\nof point sources, taking into account the cost of achieving
\nsuch elimination of the discharge of pollutants; and
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\n111 FEDERAL WATER POLLUTION CONTROL ACT Sec. 304
\n(4)(A) identify, in terms of amounts of constituents and
\nchemical, physical, and biological characteristics of pollutants,
\nthe degree of effluent reduction attainable through the application
\nof the best conventional pollutant control technology (including
\nmeasures and practices) for classes and categories of
\npoint sources (other than publicly owned treatment works);
\nand
\n(B) specify factors to be taken into account in determining
\nthe best conventional pollutant control technology measures
\nand practices to comply with section 301(b)(2)(E) of this Act to
\nbe applicable to any point source (other than publicly owned
\ntreatment works) within such categories or classes. Factors relating
\nto the assessment of best conventional pollutant control
\ntechnology (including measures and practices) shall include
\nconsideration of the reasonableness of the relationship between
\nthe costs of attaining a reduction in effluents and the effluent
\nreduction benefits derived, and the comparison of the cost and
\nlevel of reduction of such pollutants from the discharge from
\npublicly owned treatment works to the cost and level of reduction
\nof such pollutants from a class or category of industrial
\nsources, and shall take into account the age of equipment and
\nfacilities involved, the process employed, the engineering aspects
\nof the application of various types of control techniques,
\nprocess changes, non-water quality environmental impact (including
\nenergy requirements), and such other factors as the
\nAdministrator deems appropriate.
\n(c) The Administrator, after consultation, with appropriate
\nFederal and State agencies and other interested persons, shall
\nissue to the States and appropriate water pollution control agencies
\nwithin 270 days after enactment of this title (and from time to time
\nthereafter) information on the processes, procedures, or operating
\nmethods which result in the elimination or reduction of the discharge
\nof pollutants to implement standards of performance under
\nsection 306 of this Act. Such information shall include technical
\nand other data, including costs, as are available on alternative
\nmethods of elimination or reduction of the discharge of pollutants.
\nSuch information, and revisions thereof, shall be published in the
\nFederal Register and otherwise shall be made available to the public.
\n(d)(1) The Administrator, after consultation with appropriate
\nFederal and State agencies and other interested persons, shall publish
\nwithin sixty days after enactment of this title (and from time
\nto time thereafter) information, in terms of amounts of constituents
\nand chemical, physical, and biological characteristics of pollutants,
\non the degree of effluent reduction attainable through the application
\nof secondary treatment.
\n(2) The Administrator, after consultation with appropriate Federal
\nand State agencies and other interested persons, shall publish
\nwithin nine months after the date of enactment of this title (and
\nfrom time to time thereafter) information on alternative waste
\ntreatment management techniques and systems available to implement
\nsection 201 of this Act.
\n(3) The Administrator, after consultation with appropriate Federal
\nand State agencies and other interested persons, shall promul-
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\nSec. 304 FEDERAL WATER POLLUTION CONTROL ACT 112
\ngate witin one hundred and eighty days after the date of enactment
\nof this subsection guidelines for identifying and evaluating innovative
\nand alternative wastewater treatment process and techniques
\nreferred to in section 201(g)(5) of this Act.
\n(4) For the purposes of this subsection, such biological treatment
\nfacilities as oxidation ponds, lagoons, and ditches and trickling
\nfilters shall be deemed the equivalent of secondary treatment.
\nThe Administrator shall provide guidance under paragraph (1) of
\nthis subsection on design criteria for such facilities, taking into account
\npollutant removal efficiencies and, consistent with the objective
\nof the Act, assuring that water quality will not be adversely
\naffected by deeming such facilities as the equivalent of secondary
\ntreatment.
\n(e) The Administrator, after consultation with appropriate Federal
\nand State agencies and other interested persons, may publish
\nregulations, supplemental to any effluent limitations specified
\nunder subsections (b) and (c) of this section for a class or category
\nof point sources, for any specific pollutant which the Administrator
\nis charged with a duty to regulate as a toxic or hazardous pollutant
\nunder section 307(a)(1) or 311 of this Act, to control plant site runoff,
\nspillage or leaks, sludge or waste disposal, and drainage from
\nraw material storage which the Administrator determines are associated
\nwith or ancillary to the industrial manufacturing or treatment
\nprocess within such class or category of point sources and
\nmay contribute significant amounts of such pollutants, to navigable
\nwaters. Any applicable controls established under this subsection
\nshall be included as a requirement for the purposes of section 301,
\n302, 307, or 403, as the case may be, in any permit issued to a
\npoint source pursuant to section 402 of this Act.
\n(f) The Administrator, after consultation with appropriate Federal
\nand State agencies and other interested persons, shall issue to
\nappropriate Federal agencies, the States, water pollution control
\nagencies, and agencies designated under section 208 of this Act,
\nwithin one year after the effective date of this subsection (and from
\ntime to time thereafter) information including (1) guidelines for
\nidentifying and evaluating the nature and extent of nonpoint
\nsources of pollutants, and (2) processes, procedures, and methods to
\ncontrol pollution resulting from\u2014
\n(A) agricultural and silvicultural activities, including runoff
\nfrom fields and crop and forest lands;
\n(B) mining activities, including runoff and siltation from
\nnew, currently operating, and abandoned surface and underground
\nmines;
\n(C) all construction activity, including runoff from the facilities
\nresulting from such construction;
\n(D) the disposal of pollutants in wells or in subsurface excavations;
\n(E) salt water intrusion resulting from reductions of fresh
\nwater flow from any cause, including extraction of ground
\nwater, irrigation, obstruction, and diversion; and
\n(F) changes in the movement, flow, or circulation of any
\nnavigable waters or ground waters, including changes caused
\nby the construction of dams, levees, channels, causeways, or
\nflow diversion facilities.
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\n113 FEDERAL WATER POLLUTION CONTROL ACT Sec. 304
\nSuch information and revisions thereof shall be published in the
\nFederal Register and otherwise made available to the public.
\n(g)(1) For the purpose of assisting States in carrying out programs
\nunder section 402 of this Act, the Administrator shall publish,
\nwithin one hundred and twenty days after the date of enactment
\nof this title, and review at least annually thereafter and, if
\nappropriate, revise guidelines for pretreatment of pollutants which
\nhe determines are not susceptible to treatment by publicly owned
\ntreatment works. Guidelines under this subsection shall be established
\nto control and prevent the discharge into the navigable waters,
\nthe contiguous zone, or the ocean (either directly or through
\npublicly owned treatment works) of any pollutant which interferes
\nwith, passes through, or otherwise is incompatible with such works.
\n(2) When publishing guidelines under this subsection, the Administrator
\nshall designate the category or categories of treatment
\nworks to which the guidelines shall apply.
\n(h) The Administrator shall, within one hundred and eighty
\ndays from the date of enactment of this title, promulgate guidelines
\nestablishing test procedures for the analysis of pollutants that shall
\ninclude the factors which must be provided in any certification pursuant
\nto section 401 of this Act or permit application pursuant to
\nsection 402 of this Act.
\n(i) The Administrator shall (1) within sixty days after the enactment
\nof this title promulgate guidelines for the purpose of establishing
\nuniform application forms and other minimum requirements
\nfor the acquisition of information from owners and operators
\nof point-sources of discharge subject to any State program under
\nsection 402 of this Act, and (2) within sixty days from the date of
\nenactment of this title promulgate guidelines establishing the minimum
\nprocedural and other elements of any State program under
\nsection 402 of this Act which shall include:
\n(A) monitoring requirements;
\n(B) reporting requirements (including procedures to make
\ninformation available to the public);
\n(C) enforcement provisions; and
\n(D) funding, personnel qualifications, and manpower requirements
\n(including a requirement that no board or body
\nwhich approves permit applications or portions thereof shall
\ninclude, as a member, any person who receives, or has during
\nthe previous two years received, a significant portion of his income
\ndirectly or indirectly from permit holders or applicants
\nfor a permit).
\n(j) LAKE RESTORATION GUIDANCE MANUAL.\u2014The Administrator
\nshall, within 1 year after the date of the enactment of the Water
\nQuality Act of 1987 and biennially thereafter, publish and disseminate
\na lake restoration guidance manual describing methods, procedures,
\nand processes to guide State and local efforts to improve, restore,
\nand enhance water quality in the Nation\u2019s publicly owned
\nlakes.
\n(k)(1) The Administrator shall enter into agreements with the
\nSecretary of Agriculture, the Secretary of the Army, and the Secretary
\nof the Interior, and the heads of such other departments,
\nagencies, and instrumentalities of the United States as the Administrator
\ndetermines, to provide for the maximum utilization of other
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\nNovember 27, 2002
\nSec. 304 FEDERAL WATER POLLUTION CONTROL ACT 114
\nFederal laws and programs for the purpose of achieving and maintaining
\nwater quality through appropriate implementation of plans
\napproved under section 208 of this Act and nonpoint source pollution
\nmanagement programs approved under section 319 of this Act.
\n(2) The Administrator is authorized to transfer to the Secretary
\nof Agriculture, the Secretary of the Army, and the Secretary of the
\nInterior and the heads of such other departments, agencies, and instrumentalities
\nof the United States as the Administrator determines,
\nany funds appropriated under paragraph (3) of this subsection
\nto supplement funds otherwise appropriated to programs
\nauthorized pursuant to any agreement under paragraph (1).
\n(3) There is authorized to be appropriated to carry out the provisions
\nof this subsection, $100,000,000 per fiscal year for the fiscal
\nyears 1979 through 1983 and such sums as may be necessary for
\nfiscal years 1984 through 1990.
\n(l) INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.\u2014
\n(1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT
\nOF STRATEGIES.\u2014Not later than 2 years after the date of the
\nenactment of this subsection, each State shall submit to the
\nAdministrator for review, approval, and implementation under
\nthis subsection\u2014
\n(A) a list of those waters within the State which after
\nthe application of effluent limitations required under section
\n301(b)(2) of this Act cannot reasonably be anticipated
\nto attain or maintain (i) water quality standards for such
\nwaters reviewed, revised, or adopted in accordance with
\nsection 303(c)(2)(B) of this Act, due to toxic pollutants, or
\n(ii) that water quality which shall assure protection of public
\nhealth, public water supplies, agricultural and industrial
\nuses, and the protection and propagation of a balanced
\npopulation of shellfish, fish and wildlife, and allow
\nrecreational activities in and on the water;
\n(B) a list of all navigable waters in such State for
\nwhich the State does not expect the applicable standard
\nunder section 303 of this Act will be achieved after the requirements
\nof sections 301(b), 306, and 307(b) are met, due
\nentirely or substantially to discharges from point sources
\nof any toxic pollutants listed pursuant to section 307(a);
\n(C) for each segment of the navigable waters included
\non such lists, a determination of the specific point sources
\ndischarging any such toxic pollutant which is believed to
\nbe preventing or impairing such water quality and the
\namount of each toxic pollutant discharged by each such
\nsource; and
\n(D) for each such segment, an individual control strategy
\nwhich the State determines will produce a reduction in
\nthe discharge of toxic pollutants from point sources identified
\nby the State under this paragraph through the establishment
\nof effluent limitations under section 402 of this
\nAct and water quality standards under section 303(c)(2)(B)
\nof this Act, which reduction is sufficient, in combination
\nwith existing controls on point and nonpoint sources of pollution,
\nto achieve the applicable water quality standard as
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\n115 FEDERAL WATER POLLUTION CONTROL ACT Sec. 305
\nsoon as possible, but not later than 3 years after the date
\nof the establishment of such strategy.
\n(2) APPROVAL OR DISAPPROVAL.\u2014Not later than 120 days
\nafter the last day of the 2-year period referred to in paragraph
\n(1), the Administrator shall approve or disapprove the control
\nstrategies submitted under paragraph (1) by any State.
\n(3) ADMINISTRATOR\u2019S ACTION.\u2014If a State fails to submit
\ncontrol strategies in accordance with paragraph (1) or the Administrator
\ndoes not approve the control strategies submitted
\nby such State in accordance with paragraph (1), then, not later
\nthan 1 year after the last day of the period referred to in paragraph
\n(2), the Administrator, in cooperation with such State
\nand after notice and opportunity for public comment, shall implement
\nthe requirements of paragraph (1) in such State. In
\nthe implementation of such requirements, the Administrator
\nshall, at a minimum, consider for listing under this subsection
\nany navigable waters for which any person submits a petition
\nto the Administrator for listing not later than 120 days after
\nsuch last day.
\n(m) SCHEDULE FOR REVIEW OF GUIDELINES.\u2014
\n(1) PUBLICATION.\u2014Within 12 months after the date of the
\nenactment of the Water Quality Act of 1987, and biennially
\nthereafter, the Administrator shall publish in the Federal Register
\na plan which shall\u2014
\n(A) establish a schedule for the annual review and revision
\nof promulgated effluent guidelines, in accordance
\nwith subsection (b) of this section;
\n(B) identify categories of sources discharging toxic or
\nnonconventional pollutants for which guidelines under subsection
\n(b)(2) of this section and section 306 have not previously
\nbeen published; and
\n(C) establish a schedule for promulgation of effluent
\nguidelines for categories identified in subparagraph (B),
\nunder which promulgation of such guidelines shall be no
\nlater than 4 years after such date of enactment for categories
\nidentified in the first published plan or 3 years
\nafter the publication of the plan for categories identified in
\nlater published plans.
\n(2) PUBLIC REVIEW.\u2014The Administrator shall provide for
\npublic review and comment on the plan prior to final publication.
\n(33 U.S.C. 1314)
\nWATER QUALITY INVENTORY
\nSEC. 305. (a) The Administrator, in cooperation with the States
\nand with the assistance of appropriate Federal agencies, shall prepare
\na report to be submitted to the Congress on or before
\nJanuary 1, 1974, which shall\u2014
\n(1) describe the specific quality, during 1973, with appropriate
\nsupplemental descriptions as shall be required to take
\ninto account seasonal, tidal, and other variations, of all navigable
\nwaters and the waters of the contiguous zone;
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\nSec. 305 FEDERAL WATER POLLUTION CONTROL ACT 116
\n(2) include an inventory of all point sources of discharge
\n(based on a qualitative and quantitative analysis of discharges)
\nof pollutants, into all navigable waters and the waters of the
\ncontiguous zone; and
\n(3) identify specifically those navigable waters, the quality
\nof which\u2014
\n(A) is adequate to provide for the protection and propagation
\nof a balanced population of shellfish, fish, and
\nwildlife and allow recreational activities in and on the
\nwater;
\n(B) can reasonably be expected to attain such level by
\n1977 or 1983; and
\n(C) can reasonably be expected to attain such level by
\nany later date.
\n(b)(1) Each State shall prepare and submit to the Administrator
\nby April 1, 1975, and shall bring up to date by April 1, 1976,
\nand biennially thereafter, a report which shall include\u2014
\n(A) a description of the water quality of all navigable waters
\nin such State during the preceding year, with appropriate
\nsupplemental descriptions as shall be required to take into account
\nseasonal, tidal, and other variations, correlated with the
\nquality of water required by the objective of this Act (as identified
\nby the Administrator pursuant to criteria published under
\nsection 304(a) of this Act) and the water quality described in
\nsubparagraph (B) of this paragraph;
\n(B) an analysis of the extent to which all navigable waters
\nof such State provide for the protection and propagation of a
\nbalanced population of shellfish, fish, and wildlife, and allow
\nrecreational activities in and on the water;
\n(C) an analysis of the extent to which the elimination of
\nthe discharge of pollutants and a level of water quality which
\nprovides for the protection and propagation of a balanced population
\nof shellfish, fish, and wildlife and allows recreational activities
\nin and on the water, have been or will be achieved by
\nthe requirements of this Act, together with recommendations
\nas to additional action necessary to achieve such objectives and
\nfor what waters such additional action is necessary;
\n(D) an estimate of (i) the environmental impact, (ii) the
\neconomic and social costs necessary to achieve the objective of
\nthis Act in such State, (iii) the economic and social benefits of
\nsuch achievement, and (iv) an estimate of the date of such
\nachievement; and
\n(E) a description of the nature and extent of nonpoint
\nsources of pollutants, and recommendations as to the programs
\nwhich must be undertaken to control each category of such
\nsources, including an estimate of the costs of implementing
\nsuch programs.
\n(2) The Administrator shall transmit such State reports, together
\nwith an analysis thereof, to Congress on or before October
\n1, 1975, and October 1, 1976, and biennially thereafter.
\n(33 U.S.C. 1315)
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\n117 FEDERAL WATER POLLUTION CONTROL ACT Sec. 306
\nNATIONAL STANDARDS OF PERFORMANCE
\nSEC. 306. (a) For purposes of this section:
\n(1) The term \u2018\u2018standard of performance\u2019\u2019 means a standard for
\nthe control of the discharge of pollutants which reflects the greatest
\ndegree of effluent reduction which the Administrator determines to
\nbe achievable through application of the best available demonstrated
\ncontrol technology, processes, operating methods, or
\nother alternatives, including, where practicable, a standard permitting
\nno discharge of pollutants.
\n(2) The term \u2018\u2018new source\u2019\u2019 means any source, the construction
\nof which is commenced after the publication of proposed regulations
\nprescribing a standard of performance under this section which will
\nbe applicable to such sources, if such standard is thereafter promulgated
\nin accordance with this section.
\n(3) The term \u2018\u2018source\u2019\u2019 means any building, structure, facility,
\nor installation from which there is or may be the discharge of pollutants.
\n(4) The term \u2018\u2018owner or operator\u2019\u2019 means any person who owns,
\nleases, operates, controls, or supervises a source.
\n(5) The term \u2018\u2018construction\u2019\u2019 means any placement, assembly, or
\ninstallation of facilities or equipment (including contractual obligations
\nto purchase such facilities or equipment) at the premises
\nwhere such equipment will be used, including preparation work at
\nsuch premises.
\n(b)(1)(A) The Administrator shall, within ninety days after the
\ndate of enactment of this title publish (and from time to time thereafter
\nshall revise) a list of categories of sources, which shall, at the
\nminimum, include:
\npulp and paper mills;
\npaperboard, builders paper and board mills;
\nmeat product and rendering processing;
\ndairy product processing;
\ngrain mills;
\ncanned and preserved fruits and vegetables processing;
\ncanned and preserved seafood processing;
\nsugar processing;
\ntextile mills;
\ncement manufacturing;
\nfeedlots;
\nelectroplating;
\norganic chemicals manufacturing;
\ninorganic chemicals manufacturing;
\nplastic and synthetic materials manufacturing;
\nsoap and detergent manufacturing
\nfertilizer manufacturing;
\npetroleum refining;
\niron and steel manufacturing;
\nnonferrous metals manufacturing;
\nphosphate manufacturing;
\nsteam electric powerplants;
\nferroalloy manufacturing;
\nleather tanning and finishing;
\nglass and asbestos manufacturing;
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\nSec. 306 FEDERAL WATER POLLUTION CONTROL ACT 118
\nrubber processing; and
\ntimber products processing.
\n(B) As soon as practicable, but in no case more than one year,
\nafter a category of sources is included in a list under subparagraph
\n(A) of this paragraph, the Administrator shall propose and publish
\nregulations establishing Federal standards of performance for new
\nsources within such category. The Administrator shall afford interested
\npersons an opportunity for written comment on such proposed
\nregulations. After considering such comments, he shall promulgate,
\nwithin one hundred and twenty days after publication of
\nsuch proposed regulations, such standards with such adjustments
\nas he deems appropriate. The Administrator shall, from time to
\ntime, as technlogy and alternatives change, revise such standards
\nfollowing the procedure required by this subsection for promulgation
\nof such standards. Standards of performance, or revisions
\nthereof, shall become effective upon promulgation. In establishing
\nor revising Federal standards of performance for new sources under
\nthis section, the Administrator shall take into consideration the
\ncost of achieving such effluent reduction, and any non-water quality
\nenvironmental impact and energy requirements.
\n(2) The Administrator may distinguish among classes, types,
\nand sizes within categories of new sources for the purpose of establishing
\nsuch standards and shall consider the type of process employed
\n(including whether batch or continuous).
\n(3) The provisions of this section shall apply to any new source
\nowned or operated by the United States.
\n(c) Each State may develop and submit to the Administrator a
\nprocedure under State law for applying and enforcing standards of
\nperformance for new sources located in such State. If the Administrator
\nfinds that the procedure and the law of any State require the
\napplication and enforcement of standards of performance to at least
\nthe same extent as required by this section, such State is authorized
\nto apply and enforce such standards of performance (except
\nwith respect to new sources owned or operated by the United
\nStates).
\n(d) Notwithstanding any other provision of this Act, any point
\nsource the construction of which is commenced after the date of enactment
\nof the Federal Water Pollution Control Act Amendments
\nof 1972 and which is so constructed as to meet all applicable standards
\nof performance shall not be subject to any more stringent
\nstandard of performance during a ten-year period beginning on the
\ndate of completion of such construction or during the period of depreciation
\nor amortization of such facility for the purposes of section
\n167 or 169 (or both) of the Internal Revenue Code of 1954,
\nwhichever period ends first.
\n(e) After the effective date of standards of performance promulgated
\nunder this section, it shall be unlawful for any owner or operator
\nof any new source to operate such source in violation of any
\nstandard of performance applicable to such source.
\n(33 U.S.C. 1316)
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\n119 FEDERAL WATER POLLUTION CONTROL ACT Sec. 307
\nTOXIC AND PRETREATMENT EFFLUENT STANDARDS
\nSEC. 307. (a)(1) On and after the date of enactment of the
\nClean Water Act of 1977, the list of toxic pollutants or combination
\nof pollutants subject to this Act shall consist of those toxic
\npolllutants listed in table 1 of Committee Print Numbered 95\u201330
\nof the Committee on Public Works and Transportation of the House
\nof Representatives, and the Administrator shall publish, not later
\nthan the thirtieth day after the date of enactment of the Clean
\nWater Act of 1977, that list. From time to time thereafter, the Administrator
\nmay revise such list and the Administrator is authorized
\nto add to or remove from such list any pollutant. The Administrator
\nin publishing any revised list, including the addition or removal
\nof any pollutant from such list, shall take into account the
\ntoxicity of the pollutant, its persistence, degradability, the usual or
\npotential presence of the affected organisms in any waters, the importance
\nof the affected organisms, and the nature and extent of
\nthe effect of the toxic pollutant on such organisms. A determination
\nof the Administrator under this paragraph shall be final except
\nthat if, on judicial review, such determination was based on arbitrary
\nand capricious action of the Administrator, the Administrator
\nshall make a redetermination.
\n(2) Each toxic pollutant listed in accordance with paragraph (1)
\nof this subsection shall be subject to effluent limitations resulting
\nfrom the application of the best available technology economically
\nachieveable for the applicable category or class of point sources established
\nin accordance with section 301(b)(2)(A) and 304(b)(2) of
\nthis Act. The Administrator, in his discretion, may publish in the
\nFederal Register a proposed effluent standard (which may include
\na prohibition) establishing requirements for a toxic pollutant
\nwhich, if an effluent limitation is applicable to a class or category
\nof point sources, shall be applicable to such category or class only
\nif such standard imposes more stringent requirements. Such published
\neffluent standard (or prohibition) shall take into account the
\ntoxicity of the pollutant, its persistence, degradability, the usual or
\npotential presence of the affected organisms in any waters, the importance
\nof the affected organisms and the nature and extent of the
\neffect of the toxic pollutant on such organisms, and the extent to
\nwhich effective control is being or may be achieved under other regulatory
\nauthority. The Administrator shall allow a period of not
\nless than sixty days following publication of any such proposed effluent
\nstandard (or prohibition) for written comment by interested
\npersons on such proposed standard. In addition, if within thirty
\ndays of publication of any such proposed effluent standard (or prohibition)
\nany interested person so requests, the Administrator shall
\nhold a public hearing in connection therewith. Such a public hearing
\nshall provide an opportunity for oral and written presentations,
\nsuch cross-examination as the Administrator determines is appropriate
\non disputed issues of material fact, and the transcription of
\na verbatim record which shall be available to the public. After consideration
\nof such comments and any information and material presented
\nat any public hearing held on such proposed standard or
\nprohibition, the Administrator shall promulgate such standards (or
\nprohibition) with such modifications as the Administrator finds are
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\nSec. 307 FEDERAL WATER POLLUTION CONTROL ACT 120
\njustified. Such promulgation by the Administrator shall be made
\nwithin two hundred and seventy days after publication of proposed
\nstandard (or prohibition). Such standard (or prohibition) shall be
\nfinal except that if, on judicial review, such standard was not based
\non substantial evidence, the Administrator shall promulgate a revised
\nstandard. Effluent limitations shall be established in accordance
\nwith sections 301(b)(2)(A) and 304(b)(2) for every toxic pollutant
\nreferred to in table 1 of Committee Print Numbered 95\u201330 of
\nthe Committee on Public Works and Transportation of the House
\nof Representatives as soon as practicable after the date of enactment
\nof the Clean Water Act of 1977, but no later than July 1,
\n1980. Such effluent limitations or effluent standards (or prohibitions)
\nshall be established for every other toxic pollutant listed
\nunder paragraph (1) of this subsection as soon as practicable after
\nit is so listed.
\n(3) Each such effluent standard (or prohibition) shall be reviewed
\nand, if appropriate, revised at least every three years.
\n(4) Any effluent standard promulgated under this section shall
\nbe at that level which the Administrator determines provides an
\nample margin of safety.
\n(5) When proposing or promulgating any effluent standard (or
\nprohibition) under this section, the Administrator shall designate
\nthe category or categories of sources to which the effluent standard
\n(or prohibition) shall apply. Any disposal of dredged material may
\nbe included in such a category of sources after consultation with
\nthe Secretary of the Army.
\n(6) Any effluent standard (or prohibition) established pursuant
\nto this section shall take effect on such date or dates as specified
\nin the order promulgating such standard, but in no case, more than
\none year from the date of such promulgation. If the Administrator
\ndetermines that compliance within one year from the date of promulgation
\nis technologically infeasible for a category of sources, the
\nAdministrator may establish the effective date of the effluent
\nstandard (or prohibition) for such category at the earliest date upon
\nwhich compliance can be feasibly attained by sources within such
\ncategory, but in no event more than three years after the date of
\nsuch promulgation.
\n(7) Prior to publishing any regulations pursuant to this section
\nthe Administrator shall, to the maximum extent practicable within
\nthe time provided, consult with appropriate advisory committees,
\nStates, independent experts, and Federal departments and agencies.
\n(b)(1) The Administrator shall, within one hundred and eighty
\ndays after the date of enactment of this title and from time to time
\nthereafter, publish proposed regulations establishing pretreatment
\nstandards for introduction of pollutants into treatment works (as
\ndefined in section 212 of this Act) which are publicly owned for
\nthose pollutants which are determined not to be susceptible to
\ntreatment by such treatment works or which would interfere with
\nthe operation of such treatment works. Not later than ninety days
\nafter such publication, and after opportunity for public hearing, the
\nAdministrator shall promulgate such pretreatment standards.
\nPretreatment standards under this subsection shall specify a time
\nfor compliance not to exceed three years from the date of promulga-
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\n121 FEDERAL WATER POLLUTION CONTROL ACT Sec. 307
\ntion and shall be established to prevent the discharge of any pollutant
\nthrough treatment works (as defined in section 212 of this Act)
\nwhich are publicly owned, which pollutant interfers with, passes
\nthrough, or otherwise is incompatible with such works. If, in the
\ncase of any toxic pollutant under subsection (a) of this section introduced
\nby a source into a publicly owned treatment works, the
\ntreatment by such works removes all or any part of such toxic pollutant
\nand the discharge from such works does not violate that effluent
\nlimitation or standard which would be applicable to such
\ntoxic pollutant if it were discharged by such source other than
\nthrough a publicly owned treatment works, and does not prevent
\nsludge use or disposal by such works in accordance with section
\n405 of this Act, then the pretreatment requirements for the sources
\nactually discharging such toxic pollutant into such publicly owned
\ntreatment works may be revised by the owner or operator of such
\nworks to reflect the removal of such toxic pollutant by such works.
\n(2) The Administrator shall, from time to time, as control technology,
\nprocesses, operating methods, or other alternative change,
\nrevise such standards following the procedures established by this
\nsubsection for promulgation of such standards.
\n(3) When proposing or promulgating any pretreatment standard
\nunder this section, the Administrator shall designate the category
\nor categories of sources to which such standard shall apply.
\n(4) Nothing in this subsection shall affect any pretreatment requirement
\nestablished by any State or local law not in conflict with
\nany pretreatment standard established under this subsection.
\n(c) In order to ensure that any source introducing pollutants
\ninto a publicly owned treatment works, which source would be a
\nnew source subject to section 306 if it were to discharge pollutants,
\nwill not cause a violation of the effluent limitations established for
\nany such treatment works, the Administrator shall promulgate
\npretreatment standards for the category of such sources simultaneously
\nwith the promulgation of standards of performance under
\nsection 306 for the equivalent category of new sources. Such
\npretreatment standards shall prevent the discharge of any pollutant
\ninto such treatment works, which pollutant may interfere with,
\npass through, or otherwise be incompatible with such works.
\n(d) After the effective date of any effluent standard or prohibition
\nor pretreatment standard promulgated under this section, it
\nshall be unlawful for any owner or operator of any source to operate
\nany source in violation of any such effluent standard or prohibition
\nor pretreatment standard.
\n(e) COMPLIANCE DATE EXTENSION FOR INNOVATIVE
\nPRETREATMENT SYSTEMS.\u2014In the case of any existing facility that
\nproposes to comply with the pretreatment standards of subsection
\n(b) of this section by applying an innovative system that meets the
\nrequirements of section 301(k) of this Act, the owner or operator of
\nthe publicly owned treatment works receiving the treated effluent
\nfrom such facility may extend the date for compliance with the applicable
\npretreatment standard established under this section for a
\nperiod not to exceed 2 years\u2014
\n(1) if the Administrator determines that the innovative
\nsystem has the potential for industrywide application, and
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\nNovember 27, 2002
\nSec. 308 FEDERAL WATER POLLUTION CONTROL ACT 122
\n(2) if the Administrator (or the State in consultation with
\nthe Administrator, in any case in which the State has a
\npretreatment program approved by the Administrator)\u2014
\n(A) determines that the proposed extension will not
\ncause the publicly owned treatment works to be in violation
\nof its permit under section 402 or of section 405 or to
\ncontribute to such a violation, and
\n(B) concurs with the proposed extension.
\n(33 U.S.C. 1317)
\nINSPECTIONS, MONITORING, AND ENTRY
\nSEC. 308. (a) Whenever required to carry out the objective of
\nthis Act, including but not limited to (1) developing or assisting in
\nthe development of any effluent limitation, or other limitation, prohibition,
\nor effluent standard, pretreatment standard, or standard
\nof performance under this Act; (2) determining whether any person
\nis in violation of any such effluent limitation, or other limitation,
\nprohibition or effluent standard, pretreatment standard, or standard
\nof performance; (3) any requirement established under this section;
\nor (4) carrying out sections 305, 311, 402, 404 (relating to
\nState permit programs), 405, and 504 of this Act\u2014
\n(A) the Administrator shall require the owner or operator
\nof any point source to (i) establish and maintain such records,
\n(ii) make such reports, (iii) install, use, and maintain such
\nmonitoring equipment or methods (including where appropriate,
\nbiological monitoring methods), (iv) sample such
\neffluents (in accordance with such methods, at such locations,
\nat such intervals, and in such manner as the Administrator
\nshall prescribe), and (v) provide such other information as he
\nmay reasonably require; and
\n(B) the Administrator or his authorized representative (including
\nan authorized contractor acting as a representative of
\nthe Administrator), upon presentation of his credentials\u2014
\n(i) shall have a right of entry to, upon, or through any
\npremises in which an effluent source is located or in which
\nany records required to be maintained under clause (A) of
\nthis subsection are located, and
\n(ii) may at reasonable times have access to and copy
\nany records, inspect any monitoring equipment or method
\nrequired under clause (A), and sample any effluents which
\nthe owner or operator of such source is required to sample
\nunder such clause.
\n(b) Any records, reports, or information obtained under this
\nsection (1) shall, in the case of effluent data, be related to any applicable
\neffluent limitations, toxic, pretreatment, or new source performance
\nstandards, and (2) shall be available to the public, except
\nthat upon a showing satisfactory to the Administrator by any person
\nthat records, reports, or information, or particular part thereof
\n(other than effluent data), to which the Administrator has access
\nunder this section, if made public would divulge methods or processes
\nentitled to protection as trade secrets of such person, the Administrator
\nshall consider such record, report, or information, or
\nparticular portion thereof confidential in accordance with the pur-
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\n123 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309
\nposes of section 1905 of title 18 of the United States Code. Any authorized
\nrepresentative of the Administrator (including an authorized
\ncontractor acting as a representative of the Administrator)
\nwho knowingly or willfully publishes, divulges, discloses, or makes
\nknown in any manner or to any extent not authorized by law any
\ninformation which is required to be considered confidential under
\nthis subsection shall be fined not more than $1,000 or imprisoned
\nnot more than 1 year, or both. Nothing in this subsection shall prohibit
\nthe Administrator or an authorized representative of the Administrator
\n(including any authorized contractor acting as a representative
\nof the Administrator) from disclosing records, reports,
\nor information to other officers, employees, or authorized representatives
\nof the United States concerned with carrying out this Act or
\nwhen relevant in any proceeding under this Act.
\n(c) Each State may develop and submit to the Administrator
\nprocedures under State law for inspection, monitoring, and entry
\nwith respect to point sources located in such State. If the Administrator
\nfinds that the procedures and the law of any State relating
\nto inspection, monitoring, and entry are applicable to at least the
\nsame extent as those required by this section, such State is authorized
\nto apply and enforce its procedures for inspection, monitoring,
\nand entry with respect to point sources located in such State (except
\nwith respect to point sources owned or operated by the United
\nStates).
\n(d) ACCESS BY CONGRESS.\u2014Notwithstanding any limitation
\ncontained in this section or any other provision of law, all information
\nreported to or otherwise obtained by the Administrator (or any
\nrepresentative of the Administrator) under this Act shall be made
\navailable, upon written request of any duly authorized committee
\nof Congress, to such committee.
\n(33 U.S.C. 1318)
\nFEDERAL ENFORCEMENT
\nSEC. 309. (a)(1) Whenever, on the basis of any information
\navailable to him, the Administrator finds that any person is in violation
\nof any condition or limitation which implements section 301,
\n302, 306, 307, 308, 318, or 405 of this Act in a permit issued by
\na State under an approved permit program under section 402 or
\n404 of this Act, he shall proceed under his authority in paragraph
\n(3) of this subsection or he shall notify the person in alleged violation
\nand such State of such finding. If beyond the thirtieth day
\nafter the Administrator\u2019s notification the State has not commenced
\nappropriate enforcement action, the Administrator shall issue an
\norder requiring such person to comply with such condition or limitation
\nor shall bring a civil action in accordance with subsection (b)
\nof this section.
\n(2) Whenever, on the basis of information available to him, the
\nAdministrator finds that violations of permit conditions or limitations
\nas set forth in paragraph (1) of this subsection are so widespread
\nthat such violations appear to result from a failure of the
\nState to enforce such permit conditions or limitations effectively, he
\nshall so notify the State. If the Administrator finds such failure extends
\nbeyond the thirtieth day after such notice, he shall give pub-
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\nSec. 309 FEDERAL WATER POLLUTION CONTROL ACT 124
\nlic notice of such finding. During the period beginning with such
\npublic notice and ending when such State satisfies the Administrator
\nthat it will enforce such conditions and limitations (hereafter
\nreferred to in this section as the period of \u2018\u2018federally assumed enforcement\u2019\u2019),
\nexcept where an extension has been granted under
\nparagraph (5)(B) of this subsection, the Administrator shall enforce
\nany permit condition or limitation with respect to any person\u2014
\n(A) by issuing an order to comply with such condition or
\nlimitation, or
\n(B) by bringing a civil action under subsection (b) of this
\nsection.
\n(3) Whenever on the basis of any information available to him
\nthe Administrator finds that any person is in violation of section
\n301, 302, 306, 307, 308, 318, or 405 of this Act, or is in violation
\nof any permit condition or limitation implementing any of such sections
\nin a permit issued under section 402 of this Act by him or
\nby a State or in a permit issued under section 404 of this Act by
\na State, he shall issue an order requiring such person to comply
\nwith such section or requirement, or he shall bring a civil action
\nin accordance with subsection (b) of this section.
\n(4) A copy of any order issued under this subsection shall be
\nsent immediately by the Administrator to the State in which the
\nviolation occurs and other affected States. In any case in which an
\norder under this subsection (or notice to a violator under paragraph
\n(1) of this subsection) is issued to a corporation, a copy of such
\norder (or notice) shall be served on any appropriate corporate officers.
\nAn order issued under this subsection relating to a violation
\nof section 308 of this Act shall not take effect until the person to
\nwhom it is issued has had an opportunity to confer with the Administrator
\nconcerning the alleged violation.
\n(5)(A) Any order issued under this subsection shall be by personal
\nservice, shall state with reasonable specificity the nature of
\nthe violation, and shall specify a time for compliance not to exceed
\nthirty days in the case of a violation of an interim compliance
\nschedule or operation and maintenance requirement and not to exceed
\na time the Administrator determines to be reasonable in the
\ncase of a violation of a final deadline, taking into account the seriousness
\nof the violation and any good faith efforts to comply with
\napplicable requirements.
\n(B) The Administrator may, if he determines (i) that any person
\nwho is a violator of, or any person who is otherwise not in compliance
\nwith, the time requirements under this Act or in any permit
\nissued under this Act, has acted in good faith, and has made
\na commitment (in the form of contracts or other securities) of necessary
\nresources to achieve compliance by the earliest possible date
\nafter July 1, 1977, but not later than April 1, 1979; (ii) that any
\nextension under this provision will not result in the imposition of
\nany additional controls on any other point or nonpoint source; (iii)
\nthat an application for a permit under section 402 of this Act was
\nfiled for such person prior to December 31, 1974; and (iv) that the
\nfacilities necessary for compliance with such requirements are
\nunder construction, grant an extension of the date referred to in
\nsection 301(b)(1)(A) to a date which will achieve compliance at the
\nearliest time possible but not later than April 1, 1979.
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\n125 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309
\n(6) Whenever, on the basis of information available to him, the
\nAdministrator finds (A) that any person is in violation of section
\n301(b)(1) (A) or (C) of this Act, (B) that such person cannot meet
\nthe requirements for a time extension under section 301(i)(2) of
\nthis Act, and (C) that the most expeditious and appropriate means
\nof compliance with this Act by such person is to discharge into a
\npublicly owned treatment works, then, upon request of such person,
\nthe Administrator may issue an order requiring such person to
\ncomply with this Act at the earliest date practicable, but not later
\nthan July 1, 1983, by discharging into a publicly owned treatment
\nworks if such works concur with such order. Such order shall include
\na schedule of compliance.
\n(b) The Administrator is authorized to commence a civil action
\nfor appropriate relief, including a permanent or temporary injunction,
\nfor any violation for which he is authorized to issue a compliance
\norder under subsection (a) of this section. Any action under
\nthis subsection may be brought in the district court of the United
\nStates for the district in which the defendant is located or resides
\nor is doing business, and such court shall have jurisdiction to restrain
\nsuch violation and to require compliance. Notice of the commencement
\nof such action shall be given immediately to the appropriate
\nState.
\n(c) CRIMINAL PENALTIES.\u2014
\n(1) NEGLIGENT VIOLATIONS.\u2014Any person who\u2014
\n(A) negligently violates section 301, 302, 306, 307, 308,
\n311(b)(3), 318, or 405 of this Act, or any permit condition
\nor limitation implementing any of such sections in a permit
\nissued under section 402 of this Act by the Administrator
\nor by a State, or any requirement imposed in a
\npretreatment program approved under section 402(a)(3) or
\n402(b)(8) of this Act or in a permit issued under section
\n404 of this Act by the Secretary of the Army or by a State;
\nor
\n(B) negligently introduces into a sewer system or into
\na publicly owned treatment works any pollutant or hazardous
\nsubstance which such person knew or reasonably
\nshould have known could cause personal injury or property
\ndamage or, other than in compliance with all applicable
\nFederal, State, or local requirements or permits, which
\ncauses such treatment works to violate any effluent limitation
\nor condition in any permit issued to the treatment
\nworks under section 402 of this Act by the Administrator
\nor a State;
\nshall be punished by a fine of not less than $2,500 nor more
\nthan $25,000 per day of violation, or by imprisonment for not
\nmore than 1 year, or by both. If a conviction of a person is for
\na violation committed after a first conviction of such person
\nunder this paragraph, punishment shall be by a fine of not
\nmore than $50,000 per day of violation, or by imprisonment of
\nnot more than 2 years, or by both.
\n(2) KNOWING VIOLATIONS.\u2014Any person who\u2014
\n(A) knowingly violates section 301, 302, 306, 307, 308,
\n311(b)(3), 318, or 405 of this Act, or any permit condition
\nor limitation implementing any of such sections in a per-
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\nSec. 309 FEDERAL WATER POLLUTION CONTROL ACT 126
\nmit issued under section 402 of this Act by the Administrator
\nor by a State, or any requirement imposed in a
\npretreatment program approved under section 402(a)(3) or
\n402(b)(8) of this Act or in a permit issued under section
\n404 of this Act by the Secretary of the Army or by a State;
\nor
\n(B) knowingly introduces into a sewer system or into
\na publicly owned treatment works any pollutant or hazardous
\nsubstance which such person knew or reasonably
\nshould have known could cause personal injury or property
\ndamage or, other than in compliance with all applicable
\nFederal, State, or local requirements or permits, which
\ncauses such treatment works to violate any effluent limitation
\nor condition in a permit issued to the treatment works
\nunder section 402 of this Act by the Administrator or a
\nState;
\nshall be punished by a fine of not less that $5,000 nor more
\nthan $50,000 per day of violation, or by imprisonment for not
\nmore than 3 years, or by both. If a conviction of a person is
\nfor a violation committed after a first conviction of such person
\nunder this paragraph, punishment shall be by a fine of not
\nmore than $100,000 per day of violation, or imprisonment of
\nnot more than 6 years, or by both.
\n(3) KNOWING ENDANGERMENT.\u2014
\n(A) GENERAL RULE.\u2014Any person who knowingly violates
\nsection 301, 302, 306, 307, 308, 311(b)(3), 318, or 405
\nof this Act, or any permit condition or limitation implementing
\nany of such sections in a permit issued under section
\n402 of this Act by the Administrator or by a State, or
\nin a permit issued under section 404 of this Act by the Secretary
\nof the Army or by a State, and who knows at that
\ntime that he thereby places another person in imminent
\ndanger of death or serious bodily injury, shall, upon conviction,
\nbe subject to a fine of not more than $250,000 or imprisonment
\nof not more than 15 years, or both. A person
\nwhich is an organization shall, upon conviction of violating
\nthis subparagraph, be subject to a fine of not more than
\n$1,000,000. If a conviction of a person is for a violation
\ncommitted after a first conviction of such person under
\nthis paragraph, the maximum punishment shall be doubled
\nwith respect to both fine and imprisonment.
\n(B) ADDITIONAL PROVISIONS.\u2014For the purpose of subparagraph
\n(A) of this paragraph\u2014
\n(i) in determining whether a defendant who is an
\nindividual knew that his conduct placed another person
\nin imminent danger of death or serious bodily
\ninjury\u2014
\n(I) the person is responsible only for actual
\nawareness or actual belief that he possessed; and
\n(II) knowledge possessed by a person other
\nthan the defendant but not by the defendant himself
\nmay not be attributed to the defendant;
\nexcept that in proving the defendant\u2019s possession of
\nactual knowledge, circumstantial evidence may be
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\n127 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309
\nused, including evidence that the defendant took affirmative
\nsteps to shield himself from relevant information;
\n(ii) it is an affirmative defense to prosecution that
\nthe conduct charged was consented to by the person
\nendangered and that the danger and conduct charged
\nwere reasonably foreseeable hazards of\u2014
\n(I) an occupation, a business, or a profession;
\nor
\n(II) medical treatment or medical or scientific
\nexperimentation conducted by professionally approved
\nmethods and such other person had been
\nmade aware of the risks involved prior to giving
\nconsent;
\nand such defense may be established under this subparagraph
\nby a preponderance of the evidence;
\n(iii) the term \u2018\u2018organization\u2019\u2019 means a legal entity,
\nother than a government, established or organized for
\nany purpose, and such term includes a corporation,
\ncompany, association, firm, partnership, joint stock
\ncompany, foundation, institution, trust, society, union,
\nor any other association of persons; and
\n(iv) the term \u2018\u2018serious bodily injury\u2019\u2019 means bodily
\ninjury which involves a substantial risk of death, unconsciousness,
\nextreme physical pain, protracted and
\nobvious disfigurement, or protracted loss or impairment
\nof the function of a bodily member, organ, or
\nmental faculty.
\n(4) FALSE STATEMENTS.\u2014Any person who knowingly makes
\nany false material statement, representation, or certification in
\nany application, record, report, plan, or other document filed or
\nrequired to be maintained under this Act or who knowingly falsifies,
\ntampers with, or renders inaccurate any monitoring device
\nor method required to be maintained under this Act, shall
\nupon conviction, be punished by a fine of not more than
\n$10,000, or by imprisonment for not more than 2 years, or by
\nboth. If a conviction of a person is for a violation committed
\nafter a first conviction of such person under this paragraph,
\npunishment shall be by a fine of not more than $20,000 per
\nday of violation, or by imprisonment of not more than 4 years,
\nor by both.
\n(5) TREATMENT OF SINGLE OPERATIONAL UPSET.\u2014For purposes
\nof this subsection, a single operational upset which leads
\nto simultaneous violations of more than one pollutant parameter
\nshall be treated as a single violation.
\n(6) RESPONSIBLE CORPORATE OFFICER AS \u2018\u2018PERSON\u2019\u2019.\u2014For
\nthe purpose of this subsection, the term \u2018\u2018person\u2019\u2019 means, in addition
\nto the definition contained in section 502(5) of this Act,
\nany responsible corporate officer.
\n(7) HAZARDOUS SUBSTANCE DEFINED.\u2014For the purpose of
\nthis subsection, the term \u2018\u2018hazardous substance\u2019\u2019 means (A) any
\nsubstance designated pursuant to section 311(b)(2)(A) of this
\nAct, (B) any element, compound, mixture, solution, or substance
\ndesignated pursuant to section 102 of the Comprehen-
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\nSec. 309 FEDERAL WATER POLLUTION CONTROL ACT 128
\n1 So in law. See P.L. 100\u20134, sec. 313(a)(1), 101 Stat. 45.
\nsive Environmental Response, Compensation, and Liability Act
\nof 1980, (C) any hazardous waste having the characteristics
\nidentified under or listed pursuant to section 3001 of the Solid
\nWaste Disposal Act (but not including any waste the regulation
\nof which under the Solid Waste Disposal Act has been suspended
\nby Act of Congress), (D) any toxic pollutant listed
\nunder section 307(a) of this Act, and (E) any imminently hazardous
\nchemical substance or mixture with respect to which
\nthe Administrator has taken action pursuant to section 7 of the
\nToxic Substances Control Act.
\n(d) Any person who violates section 301, 302, 306, 307, 308,
\n311(b)(3), 318 or 405 of this Act, or any permit condition or limitation
\nimplementing any of such sections in a permit issued under
\nsection 402 of this Act by the Administrator, or by a State, or in
\na permit issued under section 404 of this Act by a State,,1 or any
\nrequirement imposed in a pretreatment program approved under
\nsection 402(a)(3) or 402(b)(8) of this Act, and any person who violates
\nany order issued by the Administrator under subsection (a) of
\nthis section, shall be subject to a civil penalty not to exceed $25,000
\nper day for each violation. In determining the amount of a civil
\npenalty the court shall consider the seriousness of the violation or
\nviolations, the economic benefit (if any) resulting from the violation,
\nany history of such violations, any good-faith efforts to comply
\nwith the applicable requirements, the economic impact of the penalty
\non the violator, and such other matters as justice may require.
\nFor purposes of this subsection, a single operational upset which
\nleads to simultaneous violations of more than one pollutant parameter
\nshall be treated as a single violation.
\n(e) Whenever a municipality is a party to a civil action brought
\nby the United States under this section, the State in which such
\nmunicipality is located shall be joined as a party. Such State shall
\nbe liable for payment of any judgment, or any expenses incurred
\nas a result of complying with any judgment, entered against the
\nmunicipality in such action to the extent that the laws of that
\nState prevent the municipality from raising revenues needed to
\ncomply with such judgment.
\n(f) Whenever, on the basis of an information available to him,
\nthe Administrator finds that an owner or operator of any source is
\nintroducing a pollutant into a treatment works in violation of subsection
\n(d) of section 307, the Administrator may notify the owner
\nor operator of such treatment works and the State of such violation.
\nIf the owner or operator of the treatment works does not commence
\nappropriate enforcement action within 30 days of the date
\nof such notification, the Administrator may commence a civil action
\nfor appropriate relief, including but not limited to, a permanent or
\ntemporary injunction, against the owner or operator of such treatment
\nworks. In any such civil action the Administrator shall join
\nthe owner or operator of such source as a party to the action. Such
\naction shall be brought in the district court of the United States
\nin the district in which the treatment works is located. Such court
\nshall have jurisdiction to restrain such violation and to require the
\nowner or operator of the treatment works and the owner or oper-
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\n129 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309
\nator of the source to take such action as may be necessary to come
\ninto compliance with this Act. Notice of commencement of any such
\naction shall be given to the State. Nothing in this subsection shall
\nbe construed to limit or prohibit any other authority the Administrator
\nmay have under this Act.
\n(g) ADMINISTRATIVE PENALTIES.\u2014
\n(1) VIOLATIONS.\u2014Whenever on the basis of any information
\navailable\u2014
\n(A) the Administrator finds that any person has violated
\nsection 301, 302, 306, 307, 308, 318, or 405 of this
\nAct, or has violated any permit condition or limitation implementing
\nany of such sections in a permit issued under
\nsection 402 of this Act by the Administrator or by a State,
\nor in a permit issued under section 404 by a State, or
\n(B) the Secretary of the Army (hereinafter in this subsection
\nreferred to as the \u2018\u2018Secretary\u2019\u2019) finds that any person
\nhas violated any permit condition or limitation in a
\npermit issued under section 404 of this Act by the Secretary,
\nthe Administrator or Secretary, as the case may be, may, after
\nconsultation with the State in which the violation occurs, assess
\na class I civil penalty or a class II civil penalty under this
\nsubsection.
\n(2) CLASSES OF PENALTIES.\u2014
\n(A) CLASS I.\u2014The amount of a class I civil penalty
\nunder paragraph (1) may not exceed $10,000 per violation,
\nexcept that the maximum amount of any class I civil penalty
\nunder this subparagraph shall not exceed $25,000. Before
\nissuing an order assessing a civil penalty under this
\nsubparagraph, the Administrator or the Secretary, as the
\ncase may be, shall give to the person to be assessed such
\npenalty written notice of the Administrator\u2019s or Secretary\u2019s
\nproposal to issue such order and the opportunity to request,
\nwithin 30 days of the date the notice is received by
\nsuch person, a hearing on the proposed order. Such hearing
\nshall not be subject to section 554 or 556 of title 5,
\nUnited States Code, but shall provide a reasonable opportunity
\nto be heard and to represent evidence.
\n(B) CLASS II.\u2014The amount of a class II civil penalty
\nunder paragraph (1) may not exceed $10,000 per day for
\neach day during which the violation continues; except that
\nthe maximum amount of any class II civil penalty under
\nthis subparagraph shall not exceed $125,000. Except as
\notherwise provided in this subsection, a class II civil penalty
\nshall be assessed and collected in the same manner,
\nand subject to the same provisions, as in the case of civil
\npenalties assessed and collected after notice and opportunity
\nfor a hearing on the record in accordance with section
\n554 of title 5, United States Code. The Administrator
\nand the Secretary may issue rules for discovery procedures
\nfor hearings under this subparagraph.
\n(3) DETERMINING AMOUNT.\u2014In determining the amount of
\nany penalty assessed under this subsection, the Administrator
\nor the Secretary, as the case may be, shall take into account
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\nSec. 309 FEDERAL WATER POLLUTION CONTROL ACT 130
\nthe nature, circumstances, extent and gravity of the violation,
\nor violations, and, with respect to the violator, ability to pay,
\nany prior history of such violations, the degree of culpability,
\neconomic benefit or savings (if any) resulting from the violation,
\nand such other matters as justice may require. For purposes
\nof this subsection, a single operational upset which leads
\nto simultaneous violations of more than one pollutant parameter
\nshall be treated as a single violation.
\n(4) RIGHTS OF INTERESTED PERSONS.\u2014
\n(A) PUBLIC NOTICE.\u2014Before issuing an order assessing
\na civil penalty under this subsection the Administrator or
\nSecretary, as the case may be, shall provide public notice
\nof and reasonable opportunity to comment on the proposed
\nissuance of such order.
\n(B) PRESENTATION OF EVIDENCE.\u2014Any person who
\ncomments on a proposed assessment of a penalty under
\nthis subsection shall be given notice of any hearing held
\nunder this subsection and of the order assessing such penalty.
\nIn any hearing held under this subsection, such person
\nshall have a reasonable opportunity to be heard and
\nto present evidence.
\n(C) RIGHTS OF INTERESTED PERSONS TO A HEARING.\u2014
\nIf no hearing is held under paragraph (2) before issuance
\nof an order assessing a penalty under this subsection, any
\nperson who commented on the proposed assessment may
\npetition, within 30 days after the issuance of such order,
\nthe Administrator or Secretary, as the case may be, to set
\naside such order and to provide a hearing on the penalty.
\nIf the evidence presented by the petitioner in support of
\nthe petition is material and was not considered in the
\nissuance of the order, the Administrator or Secretary shall
\nimmediately set aside such order and provide a hearing in
\naccordance with paragraph (2)(A) in the case of a class I
\ncivil penalty and paragraph (2)(B) in the case of a class II
\ncivil penalty. If the Administrator or Secretary denies a
\nhearing under this subparagraph, the Administrator or
\nSecretary shall provide to the petitioner, and publish in
\nthe Federal Register, notice of and the reasons for such denial.
\n(5) FINALITY OF ORDER.\u2014An order issued under this subsection
\nshall become final 30 days after its issuance unless a
\npetition for judicial review is filed under paragraph (8) or a
\nhearing is requested under paragraph (4)(C). If such a hearing
\nis denied, such order shall become final 30 days after such denial.
\n(6) EFFECT OF ORDER.\u2014
\n(A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS.\u2014
\nAction taken by the Administrator or the Secretary, as the
\ncase may be, under this subsection shall not affect or limit
\nthe Administrator\u2019s or Secretary\u2019s authority to enforce any
\nprovision of this Act; except that any violation\u2014
\n(i) with respect to which the Administrator or the
\nSecretary has commenced and is diligently prosecuting
\nan action under this subsection,
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\nNovember 27, 2002
\n131 FEDERAL WATER POLLUTION CONTROL ACT Sec. 309
\n(ii) with respect to which a State has commenced
\nand is diligently prosecuting an action under a State
\nlaw comparable to this subsection, or
\n(iii) for which the Administrator, the Secretary, or
\nthe State has issued a final order not subject to further
\njudicial review and the violator has paid a penalty
\nassessed under this subsection, or such comparable
\nState law, as the case may be,
\nshall not be the subject of a civil penalty action under subsection
\n(d) of this section or section 311(b) or section 505
\nof this Act.
\n(B) APPLICABILITY OF LIMITATION WITH RESPECT TO
\nCITIZEN SUITS.\u2014The limitations contained in subparagraph
\n(A) on civil penalty actions under section 505 of this Act
\nshall not apply with respect to any violation for which\u2014
\n(i) a civil action under section 505(a)(1) of this Act
\nhas been filed prior to commencement of an action
\nunder this subsection, or
\n(ii) notice of an alleged violation of section
\n505(a)(1) of this Act has been given in accordance with
\nsection 505(b)(1)(A) prior to commencement of an action
\nunder this subsection and an action under section
\n505(a)(1) with respect to such alleged violation is filed
\nbefore the 120th day after the date on which such notice
\nis given.
\n(7) EFFECT OF ACTION ON COMPLIANCE.\u2014No action by the
\nAdministrator or the Secretary under this subsection shall affect
\nany person\u2019s obligation to comply with any section of this
\nAct or with the terms and conditions of any permit issued pursuant
\nto section 402 or 404 of this Act.
\n(8) JUDICIAL REVIEW.\u2014Any person against whom a civil
\npenalty is assessed under this subsection or who commented
\non the proposed assessment of such penalty in accordance with
\nparagraph (4) may obtain review of such assessment\u2014
\n(A) in the case of assessment of a class I civil penalty,
\nin the United States District Court for the District of Columbia
\nor in the district in which the violation is alleged
\nto have occurred, or
\n(B) in the case of assessment of a class II civil penalty,
\nin United States Court of Appeals for the District of Columbia
\nCircuit or for any other circuit in which such person
\nresides or transacts business,
\nby filing a notice of appeal in such court within the 30-day period
\nbeginning on the date the civil penalty order is issued and
\nby simultaneously sending a copy of such notice by certified
\nmail to the Administrator or the Secretary, as the case may be,
\nand the Attorney General. The Administrator or the Secretary
\nshall promptly file in such court a certified copy of the record
\non which the order was issued. Such court shall not set aside
\nor remand such order unless there is not substantial evidence
\nin the record, taken as a whole, to support the finding of a violation
\nor unless the Administrator\u2019s or Secretary\u2019s assessment
\nof the penalty constitutes an abuse of discretion and shall not
\nimpose additional civil penalties for the same violation unless
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\nSec. 309 FEDERAL WATER POLLUTION CONTROL ACT 132
\nthe Administrator\u2019s or Secretary\u2019s assessment of the penalty
\nconstitutes an abuse of discretion.
\n(9) COLLECTION.\u2014If any person fails to pay an assessment
\nof a civil penalty\u2014
\n(A) after the order making the assessment has become
\nfinal, or
\n(B) after a court in an action brought under paragraph
\n(8) has entered a final judgment in favor of the Administrator
\nor the Secretary, as the case may be,
\nthe Administrator or the Secretary shall request the Attorney
\nGeneral to bring a civil action in an appropriate district court
\nto recover the amount assessed (plus interest at currently prevailing
\nrates from the date of the final order or the date of the
\nfinal judgment, as the case may be). In such an action, the validity,
\namount, and appropriateness of such penalty shall not
\nbe subject to review. Any person who fails to pay on a timely
\nbasis the amount of an assessment of a civil penalty as described
\nin the first sentence of this paragraph shall be required
\nto pay, in addition to such amount and interest, attorneys fees
\nand costs for collection proceedings and a quarterly nonpayment
\npenalty for each quarter during which such failure to
\npay persists. Such nonpayment penalty shall be in an amount
\nequal to 20 percent of the aggregate amount of such person\u2019s
\npenalties and nonpayment penalties which are unpaid as of the
\nbeginning of such quarter.
\n(10) SUBPOENAS.\u2014The Administrator or Secretary, as the
\ncase may be, may issue subpoenas for the attendance and testimony
\nof witnesses and the production of relevant papers,
\nbooks, or documents in connection with hearings under this
\nsubsection. In case of contumacy or refusal to obey a subpoena
\nissued pursuant to this paragraph and served upon any person,
\nthe district court of the United States for any district in which
\nsuch person is found, resides, or transacts business, upon application
\nby the United States and after notice to such person,
\nshall have jurisdiction to issue an order requiring such person
\nto appear and give testimony before the administrative law
\njudge or to appear and produce documents before the administrative
\nlaw judge, or both, and any failure to obey such order
\nof the court may be punished by such court as a contempt
\nthereof.
\n(11) PROTECTION OF EXISTING PROCEDURES.\u2014Nothing in
\nthis subsection shall change the procedures existing on the day
\nbefore the date of the enactment of the Water Quality Act of
\n1987 under other subsections of this section for issuance and
\nenforcement of orders by the Administrator.
\n(33 U.S.C. 1319)
\nINTERNATIONAL POLLUTION ABATEMENT
\nSEC. 310. (a) Whenever the Administrator, upon receipts of reports,
\nsurveys, or studies from any duly constituted international
\nagency, has reason to believe that pollution is occurring which endangers
\nthe health or welfare of persons in a foreign country, and
\nthe Secretary of State requests him to abate such pollution, he
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\n133 FEDERAL WATER POLLUTION CONTROL ACT Sec. 310
\nshall give formal notification thereof to the State water<\/p>\n
\ncontrol agency of the State or States in which such discharge or
\ndischarges originate and to the appropriate interstate agency, if
\nany. He shall also promptly call such a hearing, if he believes that
\nsuch pollution is occurring in sufficient quantity to warrant such
\naction, and if such foreign country has given the United States essentially
\nthe same rights with respect to the prevention and control
\nof pollution occurring in that country as is given that country by
\nthis subsection. The Administrator, through the Secretary of State,
\nshall invite the foreign country which may be adversely affected by
\nthe pollution to attend and participate in the hearing, and the representative
\nof such country shall, for the purpose of the hearing
\nand any further proceeding resulting from such hearing, have all
\nthe rights of a State water pollution control agency. Nothing in this
\nsubsection shall be construed to modify, amend, repeal, or otherwise
\naffect the provisions of the 1909 Boundary Waters Treaty between
\nCanada and the United States or the Water Utilization
\nTreaty of 1944 between Mexico and the United States (59 Stat.
\n1219), relative to the control and abatement of pollution in waters
\ncovered by those treaties.
\n(b) The calling of a hearing under this section shall not be construed
\nby the courts, the Administrator, or any person as limiting,
\nmodifying, or otherwise affecting the functions and responsibilities
\nof the Administrator under this section to establish and enforce
\nwater quality requirements under this Act.
\n(c) The Administrator shall publish in the Federal Register a
\nnotice of a public hearing before a hearing board of five or more
\npersons appointed by the Administrator. A majority of the members
\nof the board and the chairman who shall be designated by the
\nAdministrator shall not be officers or employees of Federal, State,
\nor local governments. On the basis of the evidence presented at
\nsuch hearing, the board shall within sixty days after completion of
\nthe hearing make findings of fact as to whether or not such pollution
\nis occurring and shall thereupon by decision, incorporating its
\nfindings therein, make such recommendations to abate the pollution
\nas may be appropriate and shall transmit such decision and
\nthe record of the hearings to the Administrator. All such decisions
\nshall be public. Upon receipt of such decision, the Administrator
\nshall promptly implement the board\u2019s decision in accordance with
\nthe provisions of this Act.
\n(d) In connection with any hearing called under this subsection,
\nthe board is authorized to require any persons whose alleged
\nactivities result in discharges causing or contributing to pollution
\nto file with it in such forms as it may prescribe, a report
\nbased on existing data, furnishing such information as may reasonably
\nbe required as to the character, kind, and quantity of such discharges
\nand the use of facilities or other means to prevent or reduce
\nsuch discharges by the person filing such a report. Such report
\nshall be made under oath or otherwise, as the board may prescribe,
\nand shall be filed with the board within such reasonable period
\nas it may prescribe, unless additional time is granted by it.
\nUpon a showing satisfactory to the board by the person filing such
\nreport that such report or portion thereof (other than effluent
\ndata), to which the Adminsitrator has access under this section, if
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\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 134
\n1 So in law.
\nmade public would divulge trade secrets or secret processes of such
\nperson, the board shall consider such report or portion thereof confidential
\nfor the purposes of section 1905 of title 18 of the United
\nStates Code. If any person required to file any report under this
\nparagraph shall fail to do so within the time fixed by the board for
\nfiling the same, and such failure shall continue for thirty days after
\nnotice of such default, such person shall forfeit to the United States
\nthe sum of $1,000 for each and every day of the continuance of
\nsuch failure, which forfeiture shall be payable into the Treasury of
\nthe United States, and shall be recoverable in a civil suit in the
\nname of the United States in the district court of the United States
\nwhere such person has his principal office or in any district in
\nwhich he does business. The Administrator may upon application
\ntherefor remit or mitigate any forfeiture provided for under this
\nsubsection.
\n(e) Board members, other than officers or employees of Federal,
\nState, or local governments, shall be for each day (including traveltime)
\nduring which they are performing board business, entitled to
\nreceive compensation at a rate fixed by the Administrator but not
\nin excess of the maximum rate of pay for grade GS\u201318, as provided
\nin the General Schedule under section 5332 of title 5 of the United
\nStates Code, and shall, notwithstanding the limitations of sections
\n5703 and 5704 of title 5 of the United States Code, be fully reimbursed
\nfor travel, subsistence, and related expenses.
\n(f) When any such recommendation adopted by the Administrator
\ninvolves the institution of enforcement proceedings against
\nany person to obtain the abatement of pollution subject to such recommendation,
\nthe Administrator shall institute such proceedings if
\nhe believes that the evidence warrants such proceedings. The district
\ncourt of the United States shall consider and determine de
\nnovo all relevant issues, but shall receive in evidence the record of
\nthe proceedings before the conference or hearing board. The court
\nshall have jurisdiction to enter such judgment and orders enforcing
\nsuch judgment as it deems appropriate or to remand such proceedings
\nto the Administrator for such further action as it may direct.
\n(33 U.S.C. 1320)
\nOIL AND HAZARDOUS SUBSTANCE LIABILITY
\nSEC. 311. (a) For the purpose of this section, the term\u2014
\n(1) \u2018\u2018oil\u2019\u2019 means oil of any kind or in any form, including,
\nbut not limited to, petroleum, fuel oil, sludge, oil refuse, and
\noil mixed with wastes other than dredged spoil;
\n(2) \u2018\u2018discharge\u2019\u2019 includes, but is not limited to, any spilling,
\nleaking, pumping, pouring, emitting, emptying or dumping, but
\nexcludes (A) discharges in compliance with a permit under section
\n402 of this Act, (B) discharges resulting from circumstances
\nidentified and reviewed and made a part of the
\npublic record with respect to a permit issued or modified under
\nsection 402 of this Act, and subject to a condition in such permit,
\n,(C) 1 continuous or anticipated intermittent discharges
\nfrom a point source, identified in a permit or permit applica-
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\n135 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\ntion under section 402 of this Act, which are caused by events
\noccurring within the scope of relevant operating or treatment
\nsystems, and (D) discharges incidental to mechanical removal
\nauthorized by the President under subsection (c) of this section;
\n(3) \u2018\u2018vessel\u2019\u2019 means every description of watercraft or other
\nartificial contrivance used, or capable of being used, as a
\nmeans of transportation on water other than a public vessel;
\n(4) \u2018\u2018public vessel\u2019\u2019 means a vessel owned or bareboat-chartered
\nand operated by the United States, or by a State or political
\nsubdivision thereof, or by a foreign nation, except when
\nsuch vessel is engaged in commerce;
\n(5) \u2018\u2018United States\u2019\u2019 means the States, the District of Columbia,
\nthe Commonwealth of Puerto Rico, the Commonwealth
\nof the Northern Mariana Islands, Guam, American Samoa, the
\nVirgin Islands, and the Trust Territory of the Pacific Islands;
\n(6) \u2018\u2018owner or operator\u2019\u2019 means (A) in the case of a vessel,
\nany person owning, operating, or chartering by demise, such
\nvessel, and (B) in the case of an onshore facility, and an offshore
\nfacility, any person owning or operating such onshore facility
\nor offshore facility, and (C) in the case of any abandoned
\noffshore facility, the person who owned or operated such facility
\nimmediately prior to such abandonment;
\n(7) \u2018\u2018person\u2019\u2019 includes an individual, firm, corporation, association,
\nand a partnership;
\n(8) \u2018\u2018remove\u2019\u2019 or \u2018\u2018removal\u2019\u2019 refers to containment and removal
\nof the oil or hazardous substances from the water and
\nshorelines or the taking of such other actions as may be necessary
\nto prevent, minimize, or mitigate damage to the public
\nhealth or welfare, including, but not limited to, fish, shellfish,
\nwildlife, and public and private property, shorelines, and
\nbeaches;
\n(9) \u2018\u2018contiguous zone\u2019\u2019 means the entire zone established or
\nto be established by the United States under article 24 of the
\nConvention on the Territorial Sea and the Contiguous Zone;
\n(10) \u2018\u2018onshore facility\u2019\u2019 means any facility (including, but
\nnot limited to, motor vehicles and rolling stock) of any kind located
\nin, on, or under, any land within the United States other
\nthan submerged land;
\n(11) \u2018\u2018offshore facility\u2019\u2019 means any facility of any kind located
\nin, on, or under, any of the navigable waters of the
\nUnited States, and any facility of any kind which is subject to
\nthe jurisdiction of the United States and is located in, on, or
\nunder any other waters, other than a vessel or a public vessel;
\n(12) \u2018\u2018act of God\u2019\u2019 means an act occasioned by an unanticipated
\ngrave natural disaster;
\n(13) \u2018\u2018barrel\u2019\u2019 means 42 United States gallons at 60 degrees
\nFahrenheit;
\n(14) \u2018\u2018hazardous substance\u2019\u2019 means any substance designated
\npursuant to subsection (b)(2) of this section;
\n(15) \u2018\u2018inland oil barge\u2019\u2019 means a non-self-propelled vessel
\ncarrying oil in bulk as cargo and certificated to operate only in
\nthe inland waters of the United States, while operating in such
\nwaters;
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\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 136
\n(16) \u2018\u2018inland waters of the United States\u2019\u2019 means those waters
\nof the United States lying inside the baseline from which
\nthe territorial sea is measured and those water outside such
\nbaseline which are a part of the Gulf Intracoastal Waterway;
\n(17) \u2018\u2018otherwise\u2019\u2019 subject to the jurisdiction of the United
\nStates\u2019\u2019 means subject to the jurisdiction of the United States
\nby virtue of United States citizenship, United States vessel
\ndocumentation or numbering, or as provided for by international
\nagreement to which the United States is a party;
\n(18) \u2018\u2018Area Committee\u2019\u2019 means an Area Committee established
\nunder subsection (j);
\n(19) \u2018\u2018Area Contingency Plan\u2019\u2019 means an Area Contingency
\nPlan prepared under subsection (j);
\n(20) \u2018\u2018Coast Guard District Response Group\u2019\u2019 means a
\nCoast Guard District Response Group established under subsection
\n(j);
\n(21) \u2018\u2018Federal On-Scene Coordinator\u2019\u2019 means a Federal On-
\nScene Coordinator designated in the National Contingency
\nPlan;
\n(22) \u2018\u2018National Contingency Plan\u2019\u2019 means the National Contingency
\nPlan prepared and published under subsection (d);
\n(23) \u2018\u2018National Response Unit\u2019\u2019 means the National Response
\nUnit established under subsection (j);
\n(24) \u2018\u2018worst case discharge\u2019\u2019 means\u2014
\n(A) in the case of a vessel, a discharge in adverse
\nweather conditions of its entire cargo; and
\n(B) in the case of an offshore facility or onshore facility,
\nthe largest foreseeable discharge in adverse weather
\nconditions; and
\n(25) \u2018\u2018removal costs\u2019\u2019 means\u2014
\n(A) the costs of removal of oil or a hazardous substance
\nthat are incurred after it is discharged; and
\n(B) in any case in which there is a substantial threat
\nof a discharge of oil or a hazardous substance, the costs to
\nprevent, minimize, or mitigate that threat.
\n(b)(1) The Congress hereby declares that it is the policy of the
\nUnited States that there should be no discharges of oil or hazardous
\nsubstances into or upon the navigable waters of the United
\nStates, adjoining shorelines, or into or upon the waters of the contiguous
\nzone, or in connection with activities under the Outer Continental
\nShelf Lands Act or the Deepwater Port Act of 1974, or
\nwhich may affect natural resources belonging to, appertaining to,
\nor under the exclusive management authority of the United States
\n(including resources under the Fishery Conservation and Management
\nAct of 1976).
\n(2)(A) The Administrator shall develop, promulgate, and revise
\nas may be appropriate, regulations designating as hazardous substances,
\nother than oil as defined in this section, such elements and
\ncompounds which, when discharged in any quantity into or upon
\nthe navigable waters of the United States or adjoining shorelines
\nor the waters of the contiguous zone or in connection with activities
\nunder the Outer Continental Shelf Lands Act or the Deepwater
\nPort Act of 1974, or which may affect natural resources belonging
\nto, appertaining to, or under the exclusive management authority
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\n137 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\nof the United States (including resources under the Fishery Conservation
\nand Management Act of 1976), present an imminent and
\nsubstantial danger to the public health or welfare, including, but
\nnot limited to, fish, shellfish, wildlife, shorelines, and beaches.
\n(B) The Administrator shall within 18 months after the date
\nof enactment of this paragraph, conduct a study and report to the
\nCongress on methods, mechanisms, and procedures to create incentives
\nto achieve a higher standard of care in all aspects of the management
\nand movement of hazardous substances on the part of
\nowners, operators, or persons in charge of onshore facilities, offshore
\nfacilities, or vessels. The Administrator shall include in such
\nstudy (1) limits of liability, (2) liability for third party damages, (3)
\npenalties and fees, (4) spill prevention plans, (5) current practices
\nin the insurance and banking industries, and (6) whether the penalty
\nenacted in subclause (bb) of clause (iii) of subparagraph (B) of
\nsubsection (b)(2) of section 311 of Public Law 92\u2013500 should be enacted.
\n(3) The discharge of oil or hazardous substances (i) into or
\nupon the navigable waters of the United States, adjoining shorelines,
\nor into or upon the waters of the contiguous zone, or (ii) in
\nconnection with activities under the Outer Continental Shelf Lands
\nAct or the Deepwater Port Act of 1974, or which may affect natural
\nresources belonging to, appertaining to, or under the exclusive
\nmanagement authority of the United States (including resources
\nunder the Fishery Conservation and Management Act of 1976), in
\nsuch quantities as may be harmful as determined by the President
\nunder paragraph (4) of this subsection, is prohibited, except (A) in
\nthe case of such discharges into the waters of the contiguous zone
\nor which may affect natural resources belonging to, appertaining
\nto, or under the exclusive management authority of the United
\nStates (including resources under the Fishery Conservation and
\nManagement Act of 1976), where permitted under the Protocol of
\n1978 Relating to the International Convention for the Prevention
\nof Pollution from Ships, 1973, and (B) where permitted in quantities
\nand at times and locations or under such circumstances or
\nconditions as the President may, by regulation, determine not to be
\nharmful. Any regulations issued under this subsection shall be consistent
\nwith maritime safety and with marine and navigation laws
\nand regulations and applicable water quality standards.
\n(4) The President shall by regulation determine for the purposes
\nof this section those quantities of oil and any hazardous substances
\nthe discharge of which may be harmful to the public health
\nor welfare or the environment of the United States, including but
\nnot limited to fish, shellfish, wildlife, and public and private property,
\nshorelines, and beaches.
\n(5) Any person in charge of a vessel or of an onshore facility
\nor an offshore facility shall, as soon as he has knowledge of any
\ndischarge of oil or a hazardous substance from such vessel or facility
\nin violation of paragraph (3) of this subsection, immediately notify
\nthe appropriate agency of the United States Government of
\nsuch discharge. The Federal agency shall immediately notify the
\nappropriate State agency of any State which is, or may reasonably
\nbe expected to be, affected by the discharge of oil or a hazardous
\nsubstance. Any such person (A) in charge of a vessel from which
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\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 138
\noil or a hazardous substance is discharged in violation of pragraph
\n(3)(i) of this subsection, or (B) in charge of a vessel from which oil
\nor a hazardous substance is discharged in violation of paragraph
\n(3)(ii) of this subsection and who is otherwise subject to the jurisdiction
\nof the United States at the time of the discharge, or (C) in
\ncharge of an onshore facility or an offshore facility, who fails to notify
\nimmediately such agency of such discharge shall, upon conviction,
\nbe fined in accordance with title 18, United States Code, or
\nimprisoned for not more than 5 years, or both. Notification received
\npursuant to this paragraph shall not be used against any such natural
\nperson in any criminal case, except a prosecution for perjury
\nor for giving a false statement.
\n(6) ADMINISTRATIVE PENALTIES.\u2014
\n(A) VIOLATIONS.\u2014Any owner, operator, or person in
\ncharge of any vessel, onshore facility, or offshore facility\u2014
\n(i) from which oil or a hazardous substance is discharged
\nin violation of paragraph (3), or
\n(ii) who fails or refuses to comply with any regulation
\nissued under subsection (j) to which that owner,
\noperator, or person in charge is subject,
\nmay be assessed a class I or class II civil penalty by the
\nSecretary of the department in which the Coast Guard is
\noperating or the Administrator.
\n(B) CLASSES OF PENALTIES.\u2014
\n(i) CLASS I.\u2014The amount of a class I civil penalty
\nunder subparagraph (A) may not exceed $10,000 per
\nviolation, except that the maximum amount of any
\nclass I civil penalty under this subparagraph shall not
\nexceed $25,000. Before assessing a civil penalty under
\nthis clause, the Administrator or Secretary, as the
\ncase may be, shall give to the person to be assessed
\nsuch penalty written notice of the Administrator\u2019s or
\nSecretary\u2019s proposal to assess the penalty and the opportunity
\nto request, within 30 days of the date the
\nnotice is received by such person, a hearing on the
\nproposed penalty. Such hearing shall not be subject to
\nsection 554 or 556 of title 5, United States Code, but
\nshall provide a reasonable opportunity to be heard and
\nto present evidence.
\n(ii) CLASS II.\u2014The amount of a class II civil penalty
\nunder subparagraph (A) may not exceed $10,000
\nper day for each day during which the violation continues;
\nexcept that the maximum amount of any class
\nII civil penalty under this subparagraph shall not exceed
\n$125,000. Except as otherwise provided in this
\nsubsection, a class II civil penalty shall be assessed
\nand collected in the same manner, and subject to the
\nsame provisions, as in the case of civil penalties assessed
\nand collected after notice and opportunity for a
\nhearing on the record in accordance with section 554
\nof title 5, United States Code. The Administrator and
\nSecretary may issue rules for discovery procedures for
\nhearings under this paragraph.
\n(C) RIGHTS OF INTERESTED PERSONS.\u2014
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\n139 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\n(i) PUBLIC NOTICE.\u2014Before issuing an order assessing
\na class II civil penalty under this paragraph
\nthe Administrator or Secretary, as the case may be,
\nshall provide public notice of and reasonable opportunity
\nto comment on the proposed issuance of such
\norder.
\n(ii) PRESENTATION OF EVIDENCE.\u2014Any person who
\ncomments on a proposed assessment of a class II civil
\npenalty under this paragraph shall be given notice of
\nany hearing held under this paragraph and of the
\norder assessing such penalty. In any hearing held
\nunder this paragraph, such person shall have a reasonable
\nopportunity to be heard and to present evidence.
\n(iii) RIGHTS OF INTERESTED PERSONS TO A HEARING.\u2014
\nIf no hearing is held under subparagraph (B) before
\nissuance of an order assessing a class II civil penalty
\nunder this paragraph, any person who commented
\non the proposed assessment may petition, within 30
\ndays after the issuance of such order, the Administrator
\nor Secretary, as the case may be, to set aside
\nsuch order and to provide a hearing on the penalty. If
\nthe evidence presented by the petitioner in support of
\nthe petition is material and was not considered in the
\nissuance of the order, the Administrator or Secretary
\nshall immediately set aside such order and provide a
\nhearing in accordance with subparagraph (B)(ii). If the
\nAdministrator or Secretary denies a hearing under
\nthis clause, the Administrator or Secretary shall provide
\nto the petitioner, and publish in the Federal Register,
\nnotice of and the reasons for such denial.
\n(D) FINALITY OF ORDER.\u2014An order assessing a class II
\ncivil penalty under this paragraph shall become final 30
\ndays after its issuance unless a petition for judicial review
\nis filed under subparagraph (G) or a hearing is requested
\nunder subparagraph (C)(iii). If such a hearing is denied,
\nsuch order shall become final 30 days after such denial.
\n(E) EFFECT OF ORDER.\u2014Action taken by the Administrator
\nor Secretary, as the case may be, under this paragraph
\nshall not affect or limit the Administrator\u2019s or Secretary\u2019s
\nauthority to enforce any provision of this Act; except
\nthat any violation\u2014
\n(i) with respect to which the Administrator or Secretary
\nhas commenced and is diligently prosecuting an
\naction to assess a class II civil penalty under this
\nparagraph, or
\n(ii) for which the Administrator or Secretary has
\nissued a final order assessing a class II civil penalty
\nnot subject to further judicial review and the violator
\nhas paid a penalty assessed under this paragraph,
\nshall not be the subject of a civil penalty action under section
\n309(d), 309(g), or 505 of this Act or under paragraph
\n(7).
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\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 140
\n(F) EFFECT OF ACTION ON COMPLIANCE.\u2014No action by
\nthe Administrator or Secretary under this paragraph shall
\naffect any person\u2019s obligation to comply with any section of
\nthis Act.
\n(G) JUDICIAL REVIEW.\u2014Any person against whom a
\ncivil penalty is assessed under this paragraph or who commented
\non the proposed assessment of such penalty in accordance
\nwith subparagraph (C) may obtain review of such
\nassessment\u2014
\n(i) in the case of assessment of a class I civil penalty,
\nin the United States District Court for the District
\nof Columbia or in the district in which the violation
\nis alleged to have occurred, or
\n(ii) in the case of assessment of a class II civil
\npenalty, in United States Court of Appeals for the District
\nof Columbia Circuit or for any other circuit in
\nwhich such person resides or transacts business,
\nby filing a notice of appeal in such court within the 30-day
\nperiod beginning on the date the civil penalty order is
\nissued and by simultaneously sending a copy of such notice
\nby certified mail to the Administrator or Secretary, as the
\ncase may be, and the Attorney General. The Administrator
\nor Secretary shall promptly file in such court a certified
\ncopy of the record on which the order was issued. Such
\ncourt shall not set aside or remand such order unless there
\nis not substantial evidence in the record, taken as a whole,
\nto support the finding of a violation or unless the Administrator\u2019s
\nor Secretary\u2019s assessment of the penalty constitutes
\nan abuse of discretion and shall not impose additional
\ncivil penalties for the same violation unless the Administrator\u2019s
\nor Secretary\u2019s assessment of the penalty constitutes
\nan abuse of discretion.
\n(H) COLLECTION.\u2014If any person fails to pay an assessment
\nof a civil penalty\u2014
\n(i) after the assessment has become final, or
\n(ii) after a court in an action brought under subparagraph
\n(G) has entered a final judgment in favor of
\nthe Administrator or Secretary, as the case may be,
\nthe Administrator or Secretary shall request the Attorney
\nGeneral to bring a civil action in an appropriate district
\ncourt to recover the amount assessed (plus interest at currently
\nprevailing rates from the date of the final order or
\nthe date of the final judgment, as the case may be). In
\nsuch an action, the validity, amount, and appropriateness
\nof such penalty shall not be subject to review. Any person
\nwho fails to pay on a timely basis the amount of an assessment
\nof a civil penalty as described in the first sentence
\nof this subparagraph shall be required to pay, in addition
\nto such amount and interest, attorneys fees and costs for
\ncollection proceedings and a quarterly nonpayment penalty
\nfor each quarter during which such failure to pay persists.
\nSuch nonpayment penalty shall be in an amount equal to
\n20 percent of the aggregate amount of such person\u2019s pen-
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\n141 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\nalties and nonpayment penalties which are unpaid as of
\nthe beginning of such quarter.
\n(I) SUBPOENAS.\u2014The Administrator or Secretary, as
\nthe case may be, may issue subpoenas for the attendance
\nand testimony of witnesses and the production of relevant
\npapers, books, or documents in connection with hearings
\nunder this paragraph. In case of contumacy or refusal to
\nobey a subpoena issued pursuant to this subparagraph and
\nserved upon any person, the district court of the United
\nStates for any district in which such person is found, resides,
\nor transacts business, upon application by the
\nUnited States and after notice to such person, shall have
\njurisdiction to issue an order requiring such person to appear
\nand give testimony before the administrative law
\njudge or to appear and produce documents before the administrative
\nlaw judge, or both, and any failure to obey
\nsuch order of the court may be punished by such court as
\na contempt thereof.
\n(7) CIVIL PENALTY ACTION.\u2014
\n(A) DISCHARGE, GENERALLY.\u2014Any person who is the
\nowner, operator, or person in charge of any vessel, onshore
\nfacility, or offshore facility from which oil or a hazardous
\nsubstance is discharged in violation of paragraph (3), shall
\nbe subject to a civil penalty in an amount up to $25,000
\nper day of violation or an amount up to $1,000 per barrel
\nof oil or unit of reportable quantity of hazardous substances
\ndischarged.
\n(B) FAILURE TO REMOVE OR COMPLY.\u2014Any person described
\nin subparagraph (A) who, without sufficient
\ncause\u2014
\n(i) fails to properly carry out removal of the discharge
\nunder an order of the President pursuant to
\nsubsection (c); or
\n(ii) fails to comply with an order pursuant to subsection
\n(e)(1)(B);
\nshall be subject to a civil penalty in an amount up to
\n$25,000 per day of violation or an amount up to 3 times
\nthe costs incurred by the Oil Spill Liability Trust Fund as
\na result of such failure.
\n(C) FAILURE TO COMPLY WITH REGULATION.\u2014Any person
\nwho fails or refuses to comply with any regulation
\nissued under subsection (j) shall be subject to a civil penalty
\nin an amount up to $25,000 per day of violation.
\n(D) GROSS NEGLIGENCE.\u2014In any case in which a violation
\nof paragraph (3) was the result of gross negligence or
\nwillful misconduct of a person described in subparagraph
\n(A), the person shall be subject to a civil penalty of not less
\nthan $100,000, and not more than $3,000 per barrel of oil
\nor unit of reportable quantity of hazardous substance discharged.
\n(E) JURISDICTION.\u2014An action to impose a civil penalty
\nunder this paragraph may be brought in the district court
\nof the United States for the district in which the defendant
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\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 142
\n1 Indentation so in law.
\nis located, resides, or is doing business, and such court
\nshall have jurisdiction to assess such penalty.
\n(F) LIMITATION.\u2014A person is not liable for a civil penalty
\nunder this paragraph for a discharge if the person has
\nbeen assessed a civil penalty under paragraph (6) for the
\ndischarge.
\n(8) DETERMINATION OF AMOUNT.\u2014In determining the
\namount of a civil penalty under paragraphs (6) and (7), the Administrator,
\nSecretary, or the court, as the case may be, shall
\nconsider the seriousness of the violation or violations, the economic
\nbenefit to the violator, if any, resulting from the violation,
\nthe degree of culpability involved, any other penalty for
\nthe same incident, any history of prior violations, the nature,
\nextent, and degree of success of any efforts of the violator to
\nminimize or mitigate the effects of the discharge, the economic
\nimpact of the penalty on the violator, and any other matters
\nas justice may require.
\n(9) MITIGATION OF DAMAGE.\u2014In addition to establishing a
\npenalty for the discharge of oil or a hazardous substance, the
\nAdministrator or the Secretary of the department in which the
\nCoast Guard is operating may act to mitigate the damage to
\nthe public health or welfare caused by such discharge. The cost
\nof such mitigation shall be deemed a cost incurred under subsection
\n(c) of this section for the removal of such substance by
\nthe United States Government.
\n(10) RECOVERY OF REMOVAL COSTS.\u2014Any costs of removal
\nincurred in connection with a discharge excluded by subsection
\n(a)(2)(C) of this section shall be recoverable from the owner or
\noperator of the source of the discharge in an action brought
\nunder section 309(b) of this Act.
\n(11) LIMITATION.\u2014Civil penalties shall not be assessed
\nunder both this section and section 309 for the same discharge.
\n(12) 1 WITHHOLDING CLEARANCE.\u2014If any owner, operator, or
\nperson in charge of a vessel is liable for a civil penalty under this
\nsubsection, or if reasonable cause exists to believe that the owner,
\noperator, or person in charge may be subject to a civil penalty
\nunder this subsection, the Secretary of the Treasury, upon the request
\nof the Secretary of the department in which the Coast Guard
\nis operating or the Administrator, shall with respect to such vessel
\nrefuse or revoke\u2014
\n(A) the clearance required by section 4197 of the Revised
\nStatutes of the United States (46 U.S.C. App. 91);
\n(B) a permit to proceed under section 4367 of the Revised
\nStatutes of the United States (46 U.S.C. App. 313); and
\n(C) a permit to depart required under section 443 of the
\nTariff Act of 1930 (19 U.S.C. 1443);
\nas applicable. Clearance or a permit refused or revoked under this
\nparagraph may be granted upon the filing of a bond or other surety
\nsatisfactory to the Secretary of the department in which the Coast
\nGuard is operating or the Administrator.
\n(c) FEDERAL REMOVAL AUTHORITY.\u2014
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\n143 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\n(1) GENERAL REMOVAL REQUIREMENT.\u2014(A) The President
\nshall, in accordance with the National Contingency Plan and
\nany appropriate Area Contingency Plan, ensure effective and
\nimmediate removal of a discharge, and mitigation or prevention
\nof a substantial threat of a discharge, of oil or a hazardous
\nsubstance\u2014
\n(i) into or on the navigable waters;
\n(ii) on the adjoining shorelines to the navigable waters;
\n(iii) into or on the waters of the exclusive economic
\nzone; or
\n(iv) that may affect natural resources belonging to, appertaining
\nto, or under the exclusive management authority
\nof the United States.
\n(B) In carrying out this paragraph, the President may\u2014
\n(i) remove or arrange for the removal of a discharge,
\nand mitigate or prevent a substantial threat of a discharge,
\nat any time;
\n(ii) direct or monitor all Federal, State, and private actions
\nto remove a discharge; and
\n(iii) remove and, if necessary, destroy a vessel discharging,
\nor threatening to discharge, by whatever means
\nare available.
\n(2) DISCHARGE POSING SUBSTANTIAL THREAT TO PUBLIC
\nHEALTH OR WELFARE.\u2014(A) If a discharge, or a substantial
\nthreat of a discharge, of oil or a hazardous substance from a
\nvessel, offshore facility, or onshore facility is of such a size or
\ncharacter as to be a substantial threat to the public health or
\nwelfare of the United States (including but not limited to fish,
\nshellfish, wildlife, other natural resources, and the public and
\nprivate beaches and shorelines of the United States), the President
\nshall direct all Federal, State, and private actions to remove
\nthe discharge or to mitigate or prevent the threat of the
\ndischarge.
\n(B) In carrying out this paragraph, the President may,
\nwithout regard to any other provision of law governing contracting
\nprocedures or employment of personnel by the Federal
\nGovernment\u2014
\n(i) remove or arrange for the removal of the discharge,
\nor mitigate or prevent the substantial threat of the discharge;
\nand
\n(ii) remove and, if necessary, destroy a vessel discharging,
\nor threatening to discharge, by whatever means
\nare available.
\n(3) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY
\nPLAN.\u2014(A) Each Federal agency, State, owner or operator, or
\nother person participating in efforts under this subsection shall
\nact in accordance with the National Contingency Plan or as directed
\nby the President.
\n(B) An owner or operator participating in efforts under this
\nsubsection shall act in accordance with the National Contingency
\nPlan and the applicable response plan required under
\nsubsection (j), or as directed by the President, except that the
\nowner or operator may deviate from the applicable response
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\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 144
\nplan if the President or the Federal On-Scene Coordinator determines
\nthat deviation from the response plan would provide
\nfor a more expeditious or effective response to the spill or mitigation
\nof its environmental effects.
\n(4) EXEMPTION FROM LIABILITY.\u2014(A) A person is not liable
\nfor removal costs or damages which result from actions taken
\nor omitted to be taken in the course of rendering care, assistance,
\nor advice consistent with the National Contingency Plan
\nor as otherwise directed by the President relating to a discharge
\nor a substantial threat of a discharge of oil or a hazardous
\nsubstance.
\n(B) Subparagraph (A) does not apply\u2014
\n(i) to a responsible party;
\n(ii) to a response under the Comprehensive Environmental
\nResponse, Compensation, and Liability Act of 1980
\n(42 U.S.C. 9601 et seq.);
\n(iii) with respect to personal injury or wrongful death;
\nor
\n(iv) if the person is grossly negligent or engages in
\nwillful misconduct.
\n(C) A responsible party is liable for any removal costs and
\ndamages that another person is relieved of under subparagraph
\n(A).
\n(5) OBLIGATION AND LIABILITY OF OWNER OR OPERATOR NOT
\nAFFECTED.\u2014Nothing in this subsection affects\u2014
\n(A) the obligation of an owner or operator to respond
\nimmediately to a discharge, or the threat of a discharge,
\nof oil; or
\n(B) the liability of a responsible party under the Oil
\nPollution Act of 1990.
\n(6) RESPONSIBLE PARTY DEFINED.\u2014For purposes of this
\nsubsection, the term \u2018\u2018responsible party\u2019\u2019 has the meaning given
\nthat term under section 1001 of the Oil Pollution Act of 1990.
\n(d) NATIONAL CONTINGENCY PLAN.\u2014
\n(1) PREPARATION BY PRESIDENT.\u2014The President shall prepare
\nand publish a National Contingency Plan for removal of
\noil and hazardous substances pursuant to this section.
\n(2) CONTENTS.\u2014The National Contingency Plan shall provide
\nfor efficient, coordinated, and effective action to minimize
\ndamage from oil and hazardous substance discharges, including
\ncontainment, dispersal, and removal of oil and hazardous
\nsubstances, and shall include, but not be limited to, the following:
\n(A) Assignment of duties and responsibilities among
\nFederal departments and agencies in coordination with
\nState and local agencies and port authorities including,
\nbut not limited to, water pollution control and conservation
\nand trusteeship of natural resources (including conservation
\nof fish and wildlife).
\n(B) Identification, procurement, maintenance, and
\nstorage of equipment and supplies.
\n(C) Establishment or designation of Coast Guard
\nstrike teams, consisting of\u2014
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\n145 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\n(i) personnel who shall be trained, prepared, and
\navailable to provide necessary services to carry out the
\nNational Contingency Plan;
\n(ii) adequate oil and hazardous substance pollution
\ncontrol equipment and material; and
\n(iii) a detailed oil and hazardous substance pollution
\nand prevention plan, including measures to protect
\nfisheries and wildlife.
\n(D) A system of surveillance and notice designed to
\nsafeguard against as well as ensure earliest possible notice
\nof discharges of oil and hazardous substances and imminent
\nthreats of such discharges to the appropriate State
\nand Federal agencies.
\n(E) Establishment of a national center to provide coordination
\nand direction for operations in carrying out the
\nPlan.
\n(F) Procedures and techniques to be employed in identifying,
\ncontaining, dispersing, and removing oil and hazardous
\nsubstances.
\n(G) A schedule, prepared in cooperation with the
\nStates, identifying\u2014
\n(i) dispersants, other chemicals, and other spill
\nmitigating devices and substances, if any, that may be
\nused in carrying out the Plan,
\n(ii) the waters in which such dispersants, other
\nchemicals, and other spill mitigating devices and substances
\nmay be used, and
\n(iii) the quantities of such dispersant, other chemicals,
\nor other spill mitigating device or substance
\nwhich can be used safely in such waters,
\nwhich schedule shall provide in the case of any dispersant,
\nchemical, spill mitigating device or substance, or waters
\nnot specifically identified in such schedule that the President,
\nor his delegate, may, on a case-by-case basis, identify
\nthe dispersants, other chemicals, and other spill mitigating
\ndevices and substances which may be used, the waters in
\nwhich they may be used, and the quantities which can be
\nused safely in such waters.
\n(H) A system whereby the State or States affected by
\na discharge of oil or hazardous substance may act where
\nnecessary to remove such discharge and such State or
\nStates may be reimbursed in accordance with the Oil Pollution
\nAct of 1990, in the case of any discharge of oil from
\na vessel or facility, for the reasonable costs incurred for
\nthat removal, from the Oil Spill Liability Trust Fund.
\n(I) Establishment of criteria and procedures to ensure
\nimmediate and effective Federal identification of, and response
\nto, a discharge, or the threat of a discharge, that
\nresults in a substantial threat to the public health or welfare
\nof the United States, as required under subsection
\n(c)(2).
\n(J) Establishment of procedures and standards for removing
\na worst case discharge of oil, and for mitigating or
\npreventing a substantial threat of such a discharge.
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\n(K) Designation of the Federal official who shall be the
\nFederal On-Scene Coordinator for each area for which an
\nArea Contingency Plan is required to be prepared under
\nsubsection (j).
\n(L) Establishment of procedures for the coordination of
\nactivities of\u2014
\n(i) Coast Guard strike teams established under
\nsubparagraph (C);
\n(ii) Federal On-Scene Coordinators designated
\nunder subparagraph (K);
\n(iii) District Response Groups established under
\nsubsection (j); and
\n(iv) Area Committees established under subsection
\n(j).
\n(M) A fish and wildlife response plan, developed in
\nconsultation with the United States Fish and Wildlife
\nService, the National Oceanic and Atmospheric Administration,
\nand other interested parties (including State fish
\nand wildlife conservation officials), for the immediate and
\neffective protection, rescue, and rehabilitation of, and the
\nminimization of risk of damage to, fish and wildlife resources
\nand their habitat that are harmed or that may be
\njeopardized by a discharge.
\n(3) REVISIONS AND AMENDMENTS.\u2014The President may,
\nfrom time to time, as the President deems advisable, revise or
\notherwise amend the National Contingency Plan.
\n(4) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY
\nPLAN.\u2014After publication of the National Contingency Plan, the
\nremoval of oil and hazardous substances and actions to minimize
\ndamage from oil and hazardous substance discharges
\nshall, to the greatest extent possible, be in accordance with the
\nNational Contingency Plan.
\n(e) CIVIL ENFORCEMENT.\u2014
\n(1) ORDERS PROTECTING PUBLIC HEALTH.\u2014In addition to
\nany action taken by a State or local government, when the
\nPresident determines that there may be an imminent and substantial
\nthreat to the public health or welfare of the United
\nStates, including fish, shellfish, and wildlife, public and private
\nproperty, shorelines, beaches, habitat, and other living and
\nnonliving natural resources under the jurisdiction or control of
\nthe United States, because of an actual or threatened discharge
\nof oil or a hazardous substance from a vessel or facility
\nin violation of subsection (b), the President may\u2014
\n(A) require the Attorney General to secure any relief
\nfrom any person, including the owner or operator of the
\nvessel or facility, as may be necessary to abate such
\nendangerment; or
\n(B) after notice to the affected State, take any other
\naction under this section, including issuing administrative
\norders, that may be necessary to protect the public health
\nand welfare.
\n(2) JURISDICTION OF DISTRICT COURTS.\u2014The district courts
\nof the United States shall have jurisdiction to grant any relief
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\n147 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\nunder this subsection that the public interest and the equities
\nof the case may require.
\n(f)(1) Except where an owner or operator can prove that a discharge
\nwas caused solely by (A) an act of God, (B) an act of war,
\n(C) negligence on the part of the United States Government, or (D)
\nan act or omission of a third party without regard to whether any
\nsuch act or omission was or was not negligent, or any combination
\nof the foregoing clauses, such owner or operator of any vessel from
\nwhich oil or a hazardous substance is discharged in violation of
\nsubsection (b)(3) of this section shall, notwithstanding any other
\nprovision of law, be liable to the United States Government for the
\nactual costs incurred under subsection (c) for the removal of such
\noil or substance by the United States Government in an amount
\nnot to exceed, in the case of an inland oil barge $125 per gross ton
\nof such barge, or $125,000, whichever is greater, and in the case
\nof any other vessel, $150 per gross ton of such vessel (or, for a vessel
\ncarrying oil or hazardous substances as cargo, $250,000), whichever
\nis greater, except that where the United States can show that
\nsuch discharge was the result of willful negligence or willful misconduct
\nwithin the privity and knowledge of the owner, such owner
\nor operator shall be liable to the United States Government for the
\nfull amount of such costs. Such costs shall constitute a maritime
\nlien on such vessel which may be recovered in an action in rem in
\nthe district court of the United States for any district within which
\nany vessel may be found. The United States may also bring an action
\nagainst the owner or operator of such vessel in any court of
\ncompetent jurisdiction to recover such costs.
\n(2) Except where an owner or operator of an onshore facility
\ncan prove that a discharge was caused solely by (A) an act of God,
\n(B) an act of war, (C) negligence on the part of the United States
\nGovernment, or (D) an act or omission of a third party without regard
\nto whether any such act or omission was or was not negligent,
\nor any combination of the foregoing clauses, such owner or operator
\nof any such facility from which oil or a hazardous substance is discharged
\nin violation of subsection (b)(3) of this section shall be liable
\nto the United States Government for the actual costs incurred
\nunder subsection (c) for the removal of such oil or substance by the
\nUnited States Government in an amount not to exceed $50,000,000,
\nexcept that where the United States can show that such discharge
\nwas the result of willful negligence or willful misconduct within the
\nprivity and knowledge of the owner, such owner or operator shall
\nbe liable to the United States Government for the full amount of
\nsuch costs. The United States may bring an action against the
\nowner or operator of such facility in any court of competent jurisdiction
\nto recover such costs. The Administrator is authorized, by
\nregulation, after consultation with the Secretary of Commerce and
\nthe Small Business Administration, to establish reasonable and equitable
\nclassifications, of those onshore facilities having a total
\nfixed storage capacity of 1,000 barrels or less which he determines
\nbecause of size, type, and location do not present a substantial risk
\nof the discharge of oil or hazardous substance in violation of subsection
\n(b)(3) of this section, and apply with respect to such classifications
\ndiffering limits of liability which may be less than the
\namount contained in this paragraph.
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\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 148
\n(3) Except where an owner or operator of an onshore facility
\ncan prove that a discharge was caused solely by (A) an act of God,
\n(B) an act of war, (C) negligence on the part of the United States
\nGovernment, or (D) an act or omission of a third party without regard
\nto whether any such act or omission was or was not negligent,
\nor any combination of the foregoing clauses, such owner or operator
\nof any such facility from which oil or a hazardous substance is discharged
\nin violation of subsection (b)(3) of this section shall, notwithstanding
\nany other provision of law, be liable to the United
\nStates Government for the actual costs incurred under subsection
\n(c) for the removal of such oil or substance by the United States
\nGovernment in an amount not to exceed $50,000,000, except that
\nwhere the United States can show that such discharge was the result
\nof willful negligence or willful misconduct within the privity
\nand knowledge of the owner, such owner or operator shall be liable
\nto the United States Government for the full amount of such costs.
\nThe United States may bring an action against the owner or operator
\nof such facility in any court of competent jurisdiction to recover
\nsuch costs.
\n(4) The costs of removal of oil or a hazardous substance for
\nwhich the owner or operator of a vessel or onshore or offshore facility
\nis liable under subsection (f) of this section shall include any
\ncosts or expenses incurred by the Federal Government or any State
\ngovernment in the restoration or replacement of natural resources
\ndamaged or destroyed as a result of a discharge of oil or a hazardous
\nsubstance in violation of subsection (b) of this section.
\n(5) The President, or the authorized representative of any
\nState, shall act on behalf of the public as trustee of the natural resources
\nto recover for the costs of replacing or restoring such resources.
\nSums recovered shall be used to restore, rehabilitate, or
\nacquire the equivalent of such natural resources by the appropriate
\nagencies of the Federal Government, or the State government.
\n(g) Where the owner or operator of a vessel (other than an inland
\noil barge) carrying oil or hazardous substances as cargo or an
\nonshore or offshore facility which handles or stores oil or hazardous
\nsubstances in bulk, from which oil or a hazardous substance is discharged
\nin violation of subsection (b) of this section, alleges that
\nsuch discharge was caused solely by an act or omission of a third
\nparty, such owner or operator shall pay to the United States Government
\nthe actual costs incurred under subsection (c) for removal
\nof such oil or substance and shall be entitled by subrogation to all
\nrights of the United States Government to recover such costs from
\nsuch third party under this subsection. In any case where an owner
\nor operator of a vessel, of an onshore facility, or of an offshore facility,
\nfrom which oil or a hazardous substance is discharged in violation
\nof subsection (b)(3) of this section, proves that such discharge
\nof oil or hazardous substance was caused solely by an act or omission
\nof a third party, or was caused solely by such an act or omission
\nin combination with an act of God, an act of war, or negligence
\non the part of the United States Government, such third party
\nshall, not withstanding any other provision of law, be liable to the
\nUnited States Government for the actual costs incurred under subsection
\n(c) for removal of such oil or substance by the United States
\nGovernment, except where such third party can prove that such
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\n149 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\n1 So in law. Should not be capitalized.
\ndischarge was caused solely by (A) an act of God, (B) an act of war,
\n(C) negligence on the part of the United States Government, or (D)
\nan act or omission of another party without regard to whether such
\nan act or omission was or was not negligent, or any combination
\nof the foregoing clauses. If such third party was the owner or operator
\nof a vessel which caused the discharge of oil or a hazardous
\nsubstance in violation of subsection (b)(3) of this section, the liability
\nof such third party under this subsection shall not exceed, in
\nthe case of an inland oil barge $125 per gross ton of such barge,
\n$125,000, whichever is greater, and in the case of any other vessel,
\n$150 per gross ton of such vessel (or, for a vessel carrying oil or
\nhazardous substances as cargo, $250,000), whichever is greater. In
\nany other case the liability of such third party shall not exceed the
\nlimitation which would have been applicable to the owner or operator
\nof the vessel or the onshore or offshore facility from which the
\ndischarge actually occurred if such owner or operator were liable.
\nIf the United States can show that the discharge of oil or a hazardous
\nsubstance in violation of subsection (b)(3) of this section was
\nthe result of willful negligence or willful misconduct within the
\nprivity and knowledge of such third party, such third party shall
\nbe liable to the United States Government for the full amount of
\nsuch removal costs. The United States may bring an action against
\nthe third party in any court of competent jurisdiction to recover
\nsuch removal costs.
\n(h) The liabilities established by this section shall in no way
\naffect any rights which (1) the owner or operator of a vessel or of
\nan onshore facility or an offshore facility may have against any
\nthird party whose acts may in any way have caused or contributed
\nto such discharge, or (2) The 1 United States Government may have
\nagainst any third party whose actions may in any way have caused
\nor contributed to the discharge of oil or hazardous substance.
\n(i) In any case where an owner or operator of a vessel or an
\nonshore facility or an offshore facility from which oil or a hazardous
\nsubstance is discharged in violation of subsection (b)(3) of
\nthis section acts to remove such oil or substance in accordance with
\nregulations promulgated pursuant to this section, such owner or
\noperator shall be entitled to recover the reasonable costs incurred
\nin such removal upon establishing, in a suit which may be brought
\nagainst the United States Government in the United States Claims
\nCourt, that such discharge was caused solely by (A) an act of God,
\n(B) an act of war, (C) negligence on the part of the United States
\nGovernment, or (D) an act or omission of a third party without regard
\nto whether such act or omission was or was not negligent, or
\nof any combination of the foregoing clauses.
\n(j) NATIONAL RESPONSE SYSTEM.\u2014
\n(1) IN GENERAL.\u2014Consistent with the National Contingency
\nPlan required by subsection (c)(2) of this section, as soon
\nas practicable after the effective date of this section, and from
\ntime to time thereafter, the President shall issue regulations
\nconsistent with maritime safety and with marine and navigation
\nlaws (A) establishing methods and procedures for removal
\nof discharged oil and hazardous substances, (B) establishing
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\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 150
\ncriteria for the development and implementation of local and
\nregional oil and hazardous substance removal contingency
\nplans, (C) establishing procedures, methods, and equipment
\nand other requirements for equipment to prevent discharges of
\noil and hazardous substances from vessels and from onshore
\nfacilities and offshore facilities, and to contain such discharges,
\nand (D) governing the inspection of vessels carrying cargoes of
\noil and hazardous substances and the inspection of such cargoes
\nin order to reduce the likelihood of discharges of oil from
\nvessels in violation of this section.
\n(2) NATIONAL RESPONSE UNIT.\u2014The Secretary of the department
\nin which the Coast Guard is operating shall establish
\na National Response Unit at Elizabeth City, North Carolina.
\nThe Secretary, acting through the National Response Unit\u2014
\n(A) shall compile and maintain a comprehensive computer
\nlist of spill removal resources, personnel, and equipment
\nthat is available worldwide and within the areas designated
\nby the President pursuant to paragraph (4), and of
\ninformation regarding previous spills, including data from
\nuniversities, research institutions, State governments, and
\nother nations, as appropriate, which shall be disseminated
\nas appropriate to response groups and area committees,
\nand which shall be available to Federal and State agencies
\nand the public;
\n(B) shall provide technical assistance, equipment, and
\nother resources requested by a Federal On-Scene Coordinator;
\n(C) shall coordinate use of private and public personnel
\nand equipment to remove a worst case discharge,
\nand to mitigate or prevent a substantial threat of such a
\ndischarge, from a vessel, offshore facility, or onshore facility
\noperating in or near an area designated by the President
\npursuant to paragraph (4);
\n(D) may provide technical assistance in the preparation
\nof Area Contingency Plans required under paragraph
\n(4);
\n(E) shall administer Coast Guard strike teams established
\nunder the National Contingency Plan;
\n(F) shall maintain on file all Area Contingency Plans
\napproved by the President under this subsection; and
\n(G) shall review each of those plans that affects its responsibilities
\nunder this subsection.
\n(3) COAST GUARD DISTRICT RESPONSE GROUPS.\u2014(A) The
\nSecretary of the department in which the Coast Guard is operating
\nshall establish in each Coast Guard district a Coast
\nGuard District Response Group.
\n(B) Each Coast Guard District Response Group shall consist
\nof\u2014
\n(i) the Coast Guard personnel and equipment, including
\nfirefighting equipment, of each port within the district;
\n(ii) additional prepositioned equipment; and
\n(iii) a district response advisory staff.
\n(C) Coast Guard district response groups\u2014
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\n151 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\n(i) shall provide technical assistance, equipment, and
\nother resources when required by a Federal On-Scene Coordinator;
\n(ii) shall maintain all Coast Guard response equipment
\nwithin its district;
\n(iii) may provide technical assistance in the preparation
\nof Area Contingency Plans required under paragraph
\n(4); and
\n(iv) shall review each of those plans that affect its area
\nof geographic responsibility.
\n(4) AREA COMMITTEES AND AREA CONTINGENCY PLANS.\u2014(A)
\nThere is established for each area designated by the President
\nan Area Committee comprised of members appointed by the
\nPresident from qualified personnel of Federal, State, and local
\nagencies.
\n(B) Each Area Committee, under the direction of the Federal
\nOn-Scene Coordinator for its area, shall\u2014
\n(i) prepare for its area the Area Contingency Plan required
\nunder subparagraph (C);
\n(ii) work with State and local officials to enhance the
\ncontingency planning of those officials and to assure
\npreplanning of joint response efforts, including appropriate
\nprocedures for mechanical recovery, dispersal, shoreline
\ncleanup, protection of sensitive environmental areas, and
\nprotection, rescue, and rehabilitation of fisheries and wildlife;
\nand
\n(iii) work with State and local officials to expedite decisions
\nfor the use of dispersants and other mitigating substances
\nand devices.
\n(C) Each Area Committee shall prepare and submit to the
\nPresident for approval an Area Contingency Plan for its area.
\nThe Area Contingency Plan shall\u2014
\n(i) when implemented in conjunction with the National
\nContingency Plan, be adequate to remove a worst case discharge,
\nand to mitigate or prevent a substantial threat of
\nsuch a discharge, from a vessel, offshore facility, or onshore
\nfacility operating in or near the area;
\n(ii) describe the area covered by the plan, including
\nthe areas of special economic or environmental importance
\nthat might be damaged by a discharge;
\n(iii) describe in detail the responsibilities of an owner
\nor operator and of Federal, State, and local agencies in removing
\na discharge, and in mitigating or preventing a substantial
\nthreat of a discharge;
\n(iv) list the equipment (including firefighting equipment),
\ndispersants or other mitigating substances and devices,
\nand personnel available to an owner or operator and
\nFederal, State, and local agencies, to ensure an effective
\nand immediate removal of a discharge, and to ensure mitigation
\nor prevention of a substantial threat of a discharge;
\n(v) compile a list of local scientists, both inside and
\noutside Federal Government service, with expertise in the
\nenvironmental effects of spills of the types of oil typically
\ntransported in the area, who may be contacted to provide
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\nNovember 27, 2002<\/p>\n
\ninformation or, where appropriate, participate in meetings
\nof the scientific support team convened in response to a
\nspill, and describe the procedures to be followed for obtaining
\nan expedited decision regarding the use of dispersants;
\n(vi) describe in detail how the plan is integrated into
\nother Area Contingency Plans and vessel, offshore facility,
\nand onshore facility response plans approved under this
\nsubsection, and into operating procedures of the National
\nResponse Unit;
\n(vii) include any other information the President requires;
\nand
\n(viii) be updated periodically by the Area Committee.
\n(D) The President shall\u2014
\n(i) review and approve Area Contingency Plans under
\nthis paragraph; and
\n(ii) periodically review Area Contingency Plans so approved.
\n(5) TANK VESSEL AND FACILITY RESPONSE PLANS.\u2014(A) The
\nPresident shall issue regulations which require an owner or operator
\nof a tank vessel or facility described in subparagraph (B)
\nto prepare and submit to the President a plan for responding,
\nto the maximum extent practicable, to a worst case discharge,
\nand to a substantial threat of such a discharge, of oil or a hazardous
\nsubstance.
\n(B) The tank vessels and facilities referred to in subparagraph
\n(A) are the following:
\n(i) A tank vessel, as defined under section 2101 of title
\n46, United States Code.
\n(ii) An offshore facility.
\n(iii) An onshore facility that, because of its location,
\ncould reasonably be expected to cause substantial harm to
\nthe environment by discharging into or on the navigable
\nwaters, adjoining shorelines, or the exclusive economic
\nzone.
\n(C) A response plan required under this paragraph shall\u2014
\n(i) be consistent with the requirements of the National
\nContingency Plan and Area Contingency Plans;
\n(ii) identify the qualified individual having full authority
\nto implement removal actions, and require immediate
\ncommunications between that individual and the appropriate
\nFederal official and the persons providing personnel
\nand equipment pursuant to clause (iii);
\n(iii) identify, and ensure by contract or other means
\napproved by the President the availability of, private personnel
\nand equipment necessary to remove to the maximum
\nextent practicable a worst case discharge (including
\na discharge resulting from fire or explosion), and to mitigate
\nor prevent a substantial threat of such a discharge;
\n(iv) describe the training, equipment testing, periodic
\nunannounced drills, and response actions of persons on the
\nvessel or at the facility, to be carried out under the plan
\nto ensure the safety of the vessel or facility and to mitigate
\nor prevent the discharge, or the substantial threat of a discharge;
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\n153 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\n1 Subparagraph (E) of section 311(j)(5) shall take effect 36 months (August 18, 1993) after the
\ndate of the enactment of Public Law 101-380. See P.L. 101-380, sec. 4202(b)(4)(C), 104 Stat. 532.
\n(v) be updated periodically; and
\n(vi) be resubmitted for approval of each significant
\nchange.
\n(D) With respect to any response plan submitted under
\nthis paragraph for an onshore facility that, because of its location,
\ncould reasonably be expected to cause significant and substantial
\nharm to the environment by discharging into or on the
\nnavigable waters or adjoining shorelines or the exclusive economic
\nzone, and with respect to each response plan submitted
\nunder this paragraph for a tank vessel or offshore facility, the
\nPresident shall\u2014
\n(i) promptly review such response plan;
\n(ii) require amendments to any plan that does not
\nmeet the requirements of this paragraph;
\n(iii) approve any plan that meets the requirements of
\nthis paragraph; and
\n(iv) review each plan periodically thereafter.
\n(E) 1 A tank vessel, offshore facility, or onshore facility required
\nto prepare a response plan under this subsection may
\nnot handle, store, or transport oil unless\u2014
\n(i) in the case of a tank vessel, offshore facility, or onshore
\nfacility for which a response plan is reviewed by the
\nPresident under subparagraph (D), the plan has been approved
\nby the President; and
\n(ii) the vessel or facility is operating in compliance
\nwith the plan.
\n(F) Notwithstanding subparagraph (E), the President may
\nauthorize a tank vessel, offshore facility, or onshore facility to
\noperate without a response plan approved under this paragraph,
\nuntil not later than 2 years after the date of the submission
\nto the President of a plan for the tank vessel or facility,
\nif the owner or operator certifies that the owner or operator
\nhas ensured by contract or other means approved by the
\nPresident the availability of private personnel and equipment
\nnecessary to respond, to the maximum extent practicable, to a
\nworst case discharge or a substantial threat of such a discharge.
\n(G) The owner or operator of a tank vessel, offshore facility,
\nor onshore facility may not claim as a defense to liability
\nunder title I of the Oil Pollution Act of 1990 that the owner
\nor operator was acting in accordance with an approved response
\nplan.
\n(H) The Secretary shall maintain, in the Vessel Identification
\nSystem established under chapter 125 of title 46, United
\nStates Code, the dates of approval and review of a response
\nplan under this paragraph for each tank vessel that is a vessel
\nof the United States.
\n(6) EQUIPMENT REQUIREMENTS AND INSPECTION.\u2014Not later
\nthan 2 years after the date of enactment of this section, the
\nPresident shall require\u2014
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\nNovember 27, 2002
\nSec. 311 FEDERAL WATER POLLUTION CONTROL ACT 154
\n(A) periodic inspection of containment booms, skimmers,
\nvessels, and other major equipment used to remove
\ndischarges; and
\n(B) vessels operating on navigable waters and carrying
\noil or a hazardous substance in bulk as cargo to carry appropriate
\nremoval equipment that employs the best technology
\neconomically feasible and that is compatible with
\nthe safe operation of the vessel.
\n(7) AREA DRILLS.\u2014The President shall periodically conduct
\ndrills of removal capability, without prior notice, in areas for
\nwhich Area Contingency Plans are required under this subsection
\nand under relevant tank vessel and facility response
\nplans. The drills may include participation by Federal, State,
\nand local agencies, the owners and operators of vessels and facilities
\nin the area, and private industry. The President may
\npublish annual reports on these drills, including assessments
\nof the effectiveness of the plans and a list of amendments
\nmade to improve plans.
\n(8) UNITED STATES GOVERNMENT NOT LIABLE.\u2014The United
\nStates Government is not liable for any damages arising from
\nits actions or omissions relating to any response plan required
\nby this section.
\n[Subsection (k) was repealed by sec. 2002(b)(2) of P.L. 101-380.]
\n(l) The President is authorized to delegate the administration
\nof this section to the heads of those Federal departments, agencies,
\nand instrumentalities which he determines to be appropriate. Each
\nsuch department, agency, and instrumentality, in order to avoid
\nduplication of effort, shall, whenever appropriate, utilize the personnel,
\nservices, and facilities of other Federal departments, agencies,
\nand instrumentalities.
\n(m) ADMINISTRATIVE PROVISIONS.\u2014
\n(1) FOR VESSELS.\u2014Anyone authorized by the President to
\nenforce the provisions of this section with respect to any vessel
\nmay, except as to public vessels\u2014
\n(A) board and inspect any vessel upon the navigable
\nwaters of the United States or the waters of the contiguous
\nzone,
\n(B) with or without a warrant, arrest any person who
\nin the presence or view of the authorized person violates
\nthe provisions of this section or any regulation issued
\nthereunder, and
\n(C) execute any warrant or other process issued by an
\nofficer or court of competent jurisdiction.
\n(2) FOR FACILITIES.\u2014
\n(A) RECORDKEEPING.\u2014Whenever required to carry out
\nthe purposes of this section, the Administrator or the Secretary
\nof the Department in which the Coast Guard is operating
\nshall require the owner or operator of a facility to
\nwhich this section applies to establish and maintain such
\nrecords, make such reports, install, use, and maintain such
\nmonitoring equipment and methods, and provide such
\nother information as the Administrator or Secretary, as
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\nNovember 27, 2002
\n155 FEDERAL WATER POLLUTION CONTROL ACT Sec. 311
\nthe case may be, may require to carry out the objectives
\nof this section.
\n(B) ENTRY AND INSPECTION.\u2014Whenever required to
\ncarry out the purposes of this section, the Administrator or
\nthe Secretary of the Department in which the Coast Guard
\nis operating or an authorized representative of the Administrator
\nor Secretary, upon presentation of appropriate credentials,
\nmay\u2014
\n(i) enter and inspect any facility to which this section
\napplies, including any facility at which any
\nrecords are required to be maintained under subparagraph
\n(A); and
\n(ii) at reasonable times, have access to and copy
\nany records, take samples, and inspect any monitoring
\nequipment or methods required under subparagraph
\n(A).
\n(C) ARRESTS AND EXECUTION OF WARRANTS.\u2014Anyone
\nauthorized by the Administrator or the Secretary of the department
\nin which the Coast Guard is operating to enforce
\nthe provisions of this section with respect to any facility
\nmay\u2014
\n(i) with or without a warrant, arrest any person
\nwho violates the provisions of this section or any regulation
\nissued thereunder in the presence or view of the
\nperson so authorized; and
\n(ii) execute any warrant or process issued by an
\nofficer or court of competent jurisdiction.
\n(D) PUBLIC ACCESS.\u2014Any records, reports, or information
\nobtained under this paragraph shall be subject to the
\nsame public access and disclosure requirements which are
\napplicable to records, reports, and information obtained
\npursuant to section 308.
\n(n) The several district courts of the United States are invested
\nwith jurisdiction for any actions, other than actions pursuant to
\nsubsection (i)(1), arising under this section. In the case of Guam
\nand the Trust Territory of the Pacific Islands, such actions may be
\nbrought in the district court of Guam, and in the case of the Virgin
\nIslands such actions may be brought in the district court of the Virgin
\nIslands. In the case of American Samoa and the Trust Territory
\nof the Pacific Islands, such actions may be brought in the District
\nCourt of the United States for the District of Hawaii and such
\ncourt shall have jurisdiction of such actions. In the case of the
\nCanal Zone, such actions may be brought in the United States District
\nCourt for the District of the Canal Zone.
\n(o)(1) Nothing in this section shall affect or modify in any way
\nthe obligations of any owner or operator of any vessel, or of any
\nowner or operator of any onshore facility or offshore facility to any
\nperson or agency under any provision of law for damages to any
\npublicly owned or privately owned property resulting from a discharge
\nof any oil or hazardous substance or from the removal of
\nany such oil or hazardous substance.
\n(2) Nothing in this section shall be construed as preempting
\nany State or political subdivision thereof from imposing any requirement
\nor liability with respect to the discharge of oil or haz-
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\nNovember 27, 2002
\nSec. 312 FEDERAL WATER POLLUTION CONTROL ACT 156
\nardous substance into any waters within such State, or with respect
\nto any removal activites related to such discharge.
\n(3) Nothing in this section shall be construed as affecting or
\nmodifying any other existing authority of any Federal department,
\nagency, or instrumentality, relative to onshore or offshore facilities
\nunder this Act or any other provision of law, or to affect any State
\nor local law not in conflict with this section.
\n[Subsection (p) was repealed by sec. 2002(b)(4) of Public Law
\n101-380, 104 Stat. 507.]
\n(q) The President is authorized to establish, with repect to any
\nclass or category of onshore or offshore facilities, a maximum limit
\nof liability under subsections (f)(2) and (3) of this section of less
\nthan $50,000,0000, but not less than, $8,000,000.
\n(r) Nothing in this section shall be construed to impose, or authorize
\nthe imposition of any limitation on liability under the Outer
\nContinental Shelf Lands Act or the Deepwater Port Act of 1974.
\n(s) The Oil Spill Liability Trust Fund established under section
\n9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall
\nbe available to carry out subsections (b), (c), (d), (j), and (l) as those
\nsubsections apply to discharges, and substantial threats of discharges,
\nof oil. Any amounts received by the United States under
\nthis section shall be deposited in the Oil Spill Liability Trust Fund.
\n(33 U.S.C. 1321)
\nMARINE SANITATION DEVICES
\nSEC. 312. (a) For the purpose of this section, the term\u2014
\n(1) \u2018\u2018new vessel\u2019\u2019 includes every description of watercraft or
\nother artificial contrivance used, or capable of being used, as
\na means of transportation on the navigable waters, the construction
\nof which is initiated after promulgation of standards
\nand regulations under this section;
\n(2) \u2018\u2018existing vessel\u2019\u2019 includes every description of
\nwatercraft or other artificial contrivance used, or capable of
\nbeing used, as a means of transportation on the navigable waters,
\nthe construction of which is initiated before promulgation
\nof standards and regulations under this section;
\n(3) \u2018\u2018public vessel\u2019\u2019 means a vessel owned or bareboat chartered
\nand operated by the United States, by a State or political
\nsubdivision thereof, or by a foreign nation, except when such
\nvessel is engaged in commerce;
\n(4) \u2018\u2018United States\u2019\u2019 includes the States, the District of Columbia,
\nthe Commonwealth of Puerto Rico, the Virgin Islands,
\nGuam, American Samoa, the Canal Zone, and the Trust Territory
\nof the Pacific Islands;
\n(5) \u2018\u2018marine sanitation device\u2019\u2019 includes any equipment for
\ninstallation on board a vessel which is designed to receive, retain,
\ntreat, or discharge sewage, and any process to treat such
\nsewage;
\n(6) \u2018\u2018sewage\u2019\u2019 means human body wastes and the wastes
\nfrom toilets and other receptacles intended to receive or retain
\nbody wastes except that, with respect to commercial vessels on
\nthe Great Lakes, such term shall include graywater;
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\n157 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312
\n(7) \u2018\u2018manufacture\u2019\u2019 means any person engaged in the manufacturing,
\nassembling, or importation of marine sanitation devices
\nor of vessels subject to standards and regulations promulgated
\nunder this section;
\n(8) \u2018\u2018person\u2019\u2019 means an individual, partnership, firm, corporation,
\nassociation, or agency of the United States, but does
\nnot include an individual on board a public vessel;
\n(9) \u2018\u2018discharge\u2019\u2019 includes, but is not limited to, any spilling,
\nleaking, pumping, pouring, emitting, emptying or dumping;
\n(10) \u2018\u2018commercial vessels\u2019\u2019 means those vessels used in the
\nbusiness of transporting property for compensation or hire, or
\nin transporting property in the business of the owner, lessee,
\nor operator of the vessel;
\n(11) \u2018\u2018graywater\u2019\u2019 means galley, bath, and shower water;
\n(12) \u2018\u2018discharge incidental to the normal operation of a
\nvessel\u2019\u2019\u2014
\n(A) means a discharge, including\u2014
\n(i) graywater, bilge water, cooling water, weather
\ndeck runoff, ballast water, oil water separator effluent,
\nand any other pollutant discharge from the operation
\nof a marine propulsion system, shipboard maneuvering
\nsystem, crew habitability system, or installed
\nmajor equipment, such as an aircraft carrier elevator
\nor a catapult, or from a protective, preservative, or absorptive
\napplication to the hull of the vessel; and
\n(ii) a discharge in connection with the testing,
\nmaintenance, and repair of a system described in
\nclause (i) whenever the vessel is waterborne; and
\n(B) does not include\u2014
\n(i) a discharge of rubbish, trash, garbage, or other
\nsuch material discharged overboard;
\n(ii) an air emission resulting from the operation of
\na vessel propulsion system, motor driven equipment,
\nor incinerator; or
\n(iii) a discharge that is not covered by part 122.3
\nof title 40, Code of Federal Regulations (as in effect on
\nthe date of the enactment of subsection (n));
\n(13) \u2018\u2018marine pollution control device\u2019\u2019 means any equipment
\nor management practice, for installation or use on board
\na vessel of the Armed Forces, that is\u2014
\n(A) designed to receive, retain, treat, control, or discharge
\na discharge incidental to the normal operation of a
\nvessel; and
\n(B) determined by the Administrator and the Secretary
\nof Defense to be the most effective equipment or
\nmanagement practice to reduce the environmental impacts
\nof the discharge consistent with the considerations set
\nforth in subsection (n)(2)(B); and
\n(14) \u2018\u2018vessel of the Armed Forces\u2019\u2019 means\u2014
\n(A) any vessel owned or operated by the Department
\nof Defense, other than a time or voyage chartered vessel;
\nand
\n(B) any vessel owned or operated by the Department
\nof Transportation that is designated by the Secretary of
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\nNovember 27, 2002
\nSec. 312 FEDERAL WATER POLLUTION CONTROL ACT 158
\nthe department in which the Coast Guard is operating as
\na vessel equivalent to a vessel described in subparagraph
\n(A).
\n(b)(1) As soon as possible, after the enactment of this section
\nand subject to the provisions of section 104(j) of this Act, the Administrator,
\nafter consultation with the Secretary of the department
\nin which the Coast Guard is operating, after giving appropriate
\nconsideration to the economic costs involved, and within the
\nlimits of available technology, shall promulgate Federal standards
\nof performance for marine sanitation devices (hereinafter in this
\nsection referred to as \u2018\u2018standards\u2019\u2019) which shall be designed to prevent
\nthe discharge of untreated or inadequately treated sewage
\ninto or upon the navigable waters from new vessels and existing
\nvessels, except vessels not equipped with installed toilet facilities.
\nSuch standards and standards established under subsection
\n(c)(1)(B) of this section shall be consistent with maritime safety and
\nthe marine and navigation laws and regulations and shall be coordinated
\nwith the regulations issued under this subsection by the
\nSecretary of the department in which the Coast Guard is operating.
\nThe Secretary of the department in which the Coast Guard is operating
\nshall promulgate regulations, which are consistent with
\nstandards promulgated under this subsection and subsection (c) of
\nthis section and with maritime safety and the marine and navigation
\nlaws and regulations governing the design, construction, installation,
\nand operation of any marine sanitation device on board
\nsuch vessels.
\n(2) Any existing vessel equipped with a marine sanitation device
\non the date of promulgation of initial standards and regulations
\nunder this section, which device is in compliance with such
\ninitial standards and regulations, shall be deemed in compliance
\nwith this section until such time as the device is replaced or is
\nfound not to be in compliance with such initial standards and regulations.
\n(c)(1)(A) Initial standards and regulations under this section
\nshall become effective for new vessels two years after promulgation;
\nand for existing vessels five years after promulgation. Revisions of
\nstandards and regulations shall be effective upon promulgation, unless
\nanother effective date is specified, except that no revision shall
\ntake effect before the effective date of the standard or regulation
\nbeing revised.
\n(B) The Administrator shall, with respect to commercial vessels
\non the Great Lakes, establish standards which require at a minimum
\nthe equivalent of secondary treatment as defined under section
\n304(d) of this Act. Such standards and regulations shall take
\neffect for existing vessels after such time as the Administrator determines
\nto be reasonable for the upgrading of marine sanitation
\ndevices to attain such standard.
\n(2) The Secretary of the department in which the Coast Guard
\nis operating with regard to his regulatory authority established by
\nthis section, after consultation with the Administrator, may distinguish
\namong classes, types, and sizes of vessels as well as between
\nnew and existing vessels, and may waive applicability of standards
\nand regulations as necessary or appropriate for such classes, types,
\nand sizes of vessels (including existing vessels equipped with ma-
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\n159 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312
\nrine sanitation devices on the date of promulgation of the initial
\nstandards required by this section), and, upon application, for individual
\nvessels.
\n(d) The provisions of this section and the standards and regulations
\npromulgated hereunder apply to vessels owned and operated
\nby the United States unless the Secretary of Defense finds that
\ncompliance would not be in the interest of national security. With
\nrespect to vessels owned and operated by the Department of Defense,
\nregulations under the last sentence of subsection (b)(1) of
\nthis section and certifications under subsection (g)(2) of this section
\nshall be promulgated and issued by the Secretary of Defense.
\n(e) Before the standards and regulations under this section are
\npromulgated, the Administrator and the Secretary of the department
\nin which the Coast Guard is operating shall consult with the
\nSecretary of State; the Secretary of Health, Education, and Welfare;
\nthe Secretary of Defense; the Secretary of the Treasury; the
\nSecretary of Commerce; other interested Federal agencies; and the
\nStates and industries interested; and otherwise comply with the requirements
\nof section 553 of title 5 of the United States Code.
\n(f)(1)(A) Except as provided in subparagraph (B), after the effective
\ndate of the initial standards and regulations promulgated
\nunder this section, no State or political subdivision thereof shall
\nadopt or enforce any statute or regulation of such State or political
\nsubdivision with respect to the design, manufacture, or installation
\nor use of any marine sanitation device on any vessel subject to the
\nprovisions of this section.
\n(B) A State may adopt and enforce a statute or regulation with
\nrespect to the design, manufacture, or installation or use of any
\nmarine sanitation device on a houseboat, if such statute or regulation
\nis more stringent than the standards and regulations promulgated
\nunder this section. For purposes of this paragraph, the term
\n\u2018\u2018houseboat\u2019\u2019 means a vessel which, for a period of time determined
\nby the State in which the vessel is located, is used primarily as a
\nresidence and is not used primarily as a means of transportation.
\n(2) If, after promulgation of the initial standards and regulations
\nand prior to their effective date, a vessel is equipped with a
\nmarine sanitation device in compliance with such standards and
\nregulations and the installation and operation of such device is in
\naccordance with such standards and regulations, such standards
\nand regulations shall, for the purposes of paragraph (1) of this subsection,
\nbecome effective with respect to such vessel on the date of
\nsuch compliance.
\n(3) After the effective date of the initial standards and regulations
\npromulgated under this section, if any State determines that
\nthe protection and enhancement of the quality of some or all of the
\nwaters within such State require greater environmental protection,
\nsuch State may completely prohibit the discharge from all vessels
\nof any sewage, whether treated or not, into such waters, except
\nthat no such prohibition shall apply until the Administrator determines
\nthat adequate facilities for the safe and sanitary removal
\nand treatment of sewage from all vessels are reasonably available
\nfor such water to which such prohibition would apply. Upon application
\nof the State, the Administrator shall make such determination
\nwithin 90 days of the date of such application.
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\nNovember 27, 2002
\nSec. 312 FEDERAL WATER POLLUTION CONTROL ACT 160
\n(4)(A) If the Administrator determines upon application by a
\nState that the protection and enhancement of the quality of specified
\nwaters within such State requires such a prohibition, he shall
\nby regulation completely prohibit the discharge from a vessel of
\nany sewage (whether treated or not) into such waters.
\n(B) Upon application by a State, the Administrator shall, by
\nregulation, establish a drinking water intake zone in any waters
\nwithin such State and prohibit the discharge of sewage from vessels
\nwithin that zone.
\n(g)(1) No manufacturer of a marine sanitation device shall sell,
\noffer for sale, or introduce or deliver for introduction in interstate
\ncommerce, or import into the United States for sale or resale any
\nmarine sanitation device manufactured after the effective date of
\nthe standards and regulations promulgated under this section unless
\nsuch device is in all material respects substantially the same
\nas a test device certified under this subsection.
\n(2) Upon application of the manufacturer, the Secretary of the
\ndepartment in which the Coast Guard is operating shall so certify
\na marine sanitation device if he determines, in accordance with the
\nprovisions of this paragraph, that it meets the appropriate standards
\nand regulations promulgated under this section. The Secretary
\nof the department in which the Coast Guard is operating shall test
\nor require such testing of the device in accordance with procedures
\nset forth by the Administrator as to standards of performance and
\nfor such other purposes as may be appropriate. If the Secretary of
\nthe department in which the Coast Guard is operating determines
\nthat the device is satisfactory from the standpoint of safety and
\nany other requirements of maritime law or regulation, and after
\nconsideration of the design, installation, operation, material, or
\nother appropriate factors, he shall certify the device. Any device
\nmanufactured by such manufacturer which is in all material respects
\nsubstantially the same as the certified test device shall be
\ndeemed to be in conformity with the appropriate standards and
\nregulations established under this section.
\n(3) Every manufacturer shall establish and maintain such
\nrecords, make such reports, and provide such information as the
\nAdministrator or the Secretary of the department in which the
\nCoast Guard is operating may reasonably require to enable him to
\ndetermine whether such manufacturer has acted or is acting in
\ncompliance with this section and regulations issued thereunder and
\nshall, upon request of an officer or employee duly designated by the
\nAdministrator or the Secretary of the department in which the
\nCoast Guard is operating, permit such officer or employee at reasonable
\ntimes to have access to and copy such records. All information
\nreported to or otherwise obtained by the Administrator or the
\nSecretary of the department in which the Coast Guard is operating
\nor their representatives pursuant to this subsection which contains
\nor relates to a trade secret or other matter referred in section 1905
\nof title 18 of the United States Code shall be considered confidential
\nfor the purpose of that section, except that such information
\nmay be disclosed to other officers or employees concerned with carrying
\nout this section. This paragraph shall not apply in the case
\nof the construction of a vessel by an individual for his own use.
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\n161 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312
\n(h) After the effective date of standards and regulations promulgated
\nunder this section, it shall be unlawful\u2014
\n(1) for the manufacturer of any vessel subject to such
\nstandards and regulations to manufacture for sale, to sell or
\noffer for sale, or to distribute for sale or resale any such vessel
\nunless it is equipped with a marine sanitation device which is
\nin all material respects substantially the same as the appropriate
\ntest device certified pursuant to this section;
\n(2) for any person, prior to the sale or delivery of a vessel
\nsubject to such standards and regulations to the ultimate purchaser,
\nwrongfully to remove or render inoperative any certified
\nmarine sanitation device or element of design of such device
\ninstalled in such vessel;
\n(3) for any person to fail or refuse to permit access to or
\ncopying of records or to fail to make reports or provide information
\nrequired under this section; and
\n(4) for a vessel subject to such standards and regulations
\nto operate on the navigable waters of the United States, if such
\nvessel is not equipped with an operable marine sanitation device
\ncertified pursuant to this section.
\n(i) The district courts of the United States shall have jurisdictions
\nto restrain violations of subsection (g)(1) of this section and
\nsubsections (h)(1) through (3) of this section. Actions to restrain
\nsuch violations shall be brought by, and in, the name of the United
\nStates. In case of contumacy or refusal to obey a subpena served
\nupon any person under this subsection, the district court of the
\nUnited States for any district in which such person is found or resides
\nor transacts business, upon application by the United States
\nand after notice to such person, shall have jurisdiction to issue an
\norder requiring such person to appear and give testimony or to appear
\nand produce documents, and any failure to obey such order of
\nthe court may be punished by such court as a contempt thereof.
\n(j) Any person who violates subsection (g)(1), clause (1) or (2)
\nof subsection (h), or subsection (n)(8) shall be liable to a civil penalty
\nof not more than $5,000 for each violation. Any person who
\nviolates clause (4) of subsection (h) of this section or any regulation
\nissued pursuant to this section shall be liable to a civil penalty of
\nnot more than $2,000 for each violation. Each violation shall be a
\nseparate offense. The Secretary of the department in which the
\nCoast Guard is operating may assess and compromise any such
\npenalty. No penalty shall be assessed until the person charged
\nshall have been given notice and an opportunity for a hearing on
\nsuch charge. In determining the amount of the penalty, or the
\namount agreed upon in compromise, the gravity of the violation,
\nand the demonstrated good faith of the person charged in attempting
\nto achieve rapid compliance, after notification of a violation,
\nshall be considered by said Secretary.
\n(k) The provisions of this section shall be enforced by the Secretary
\nof the department in which the Coast Guard is operating
\nand he may utilize by agreement, with or without reimbursement,
\nlaw enforcement officers or other personnel and facilities of the Administrator,
\nother Federal agencies, or the States to carry out the
\nprovisions of this section. The provisions of this section may also
\nbe enforced by a State.
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\nSec. 312 FEDERAL WATER POLLUTION CONTROL ACT 162
\n(l) Anyone authorized by the Secretary of the department in
\nwhich the Coast Guard is operating to enforce the provisions of this
\nsection may, except as to public vessels, (1) board and inspect any
\nvessel upon the navigable waters of the United States and (2) execute
\nany warrant or other process issued by an officer or court of
\ncompetent jurisdiction.
\n(m) In the case of Guam and the Trust Territory of the Pacific
\nIslands, actions arising under this section may be brought in the
\ndistrict court of Guam, and in the case of the Virgin Islands such
\nactions may be brought in the district court of the Virgin Islands.
\nIn the case of American Samoa and the Trust Territory of the Pacific
\nIslands, such actions may be brought in the District Court of
\nthe United States for the District of Hawaii and such court shall
\nhave jurisdiction of such actions. In the case of the Canal Zone,
\nsuch actions may be brought in the District Court for the District
\nof the Canal Zone.
\n(n) UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS
\nOF THE ARMED FORCES.\u2014
\n(1) APPLICABILITY.\u2014This subsection shall apply to vessels
\nof the Armed Forces and discharges, other than sewage, incidental
\nto the normal operation of a vessel of the Armed Forces,
\nunless the Secretary of Defense finds that compliance with this
\nsubsection would not be in the national security interests of
\nthe United States.
\n(2) DETERMINATION OF DISCHARGES REQUIRED TO BE CONTROLLED
\nBY MARINE POLLUTION CONTROL DEVICES.\u2014
\n(A) IN GENERAL.\u2014The Administrator and the Secretary
\nof Defense, after consultation with the Secretary of
\nthe department in which the Coast Guard is operating, the
\nSecretary of Commerce, and interested States, shall jointly
\ndetermine the discharges incidental to the normal operation
\nof a vessel of the Armed Forces for which it is reasonable
\nand practicable to require use of a marine pollution
\ncontrol device to mitigate adverse impacts on the marine
\nenvironment. Notwithstanding subsection (a)(1) of section
\n553 of title 5, United States Code, the Administrator
\nand the Secretary of Defense shall promulgate the determinations
\nin accordance with such section. The Secretary
\nof Defense shall require the use of a marine pollution control
\ndevice on board a vessel of the Armed Forces in any
\ncase in which it is determined that the use of such a device
\nis reasonable and practicable.
\n(B) CONSIDERATIONS.\u2014In making a determination
\nunder subparagraph (A), the Administrator and the Secretary
\nof Defense shall take into consideration\u2014
\n(i) the nature of the discharge;
\n(ii) the environmental effects of the discharge;
\n(iii) the practicability of using the marine pollution
\ncontrol device;
\n(iv) the effect that installation or use of the marine
\npollution control device would have on the operation
\nor operational capability of the vessel;
\n(v) applicable United States law;
\n(vi) applicable international standards; and
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\nNovember 27, 2002
\n163 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312
\n(vii) the economic costs of the installation and use
\nof the marine pollution control device.
\n(3) PERFORMANCE STANDARDS FOR MARINE POLLUTION CONTROL
\nDEVICES.\u2014
\n(A) IN GENERAL.\u2014For each discharge for which a marine
\npollution control device is determined to be required
\nunder paragraph (2), the Administrator and the Secretary
\nof Defense, in consultation with the Secretary of the department
\nin which the Coast Guard is operating, the Secretary
\nof State, the Secretary of Commerce, other interested
\nFederal agencies, and interested States, shall jointly
\npromulgate Federal standards of performance for each marine
\npollution control device required with respect to the
\ndischarge. Notwithstanding subsection (a)(1) of section 553
\nof title 5, United States Code, the Administrator and the
\nSecretary of Defense shall promulgate the standards in accordance
\nwith such section.
\n(B) CONSIDERATIONS.\u2014In promulgating standards
\nunder this paragraph, the Administrator and the Secretary
\nof Defense shall take into consideration the matters set
\nforth in paragraph (2)(B).
\n(C) CLASSES, TYPES, AND SIZES OF VESSELS.\u2014The
\nstandards promulgated under this paragraph may\u2014
\n(i) distinguish among classes, types, and sizes of
\nvessels;
\n(ii) distinguish between new and existing vessels;
\nand
\n(iii) provide for a waiver of the applicability of the
\nstandards as necessary or appropriate to a particular
\nclass, type, age, or size of vessel.
\n(4) REGULATIONS FOR USE OF MARINE POLLUTION CONTROL
\nDEVICES.\u2014The Secretary of Defense, after consultation with
\nthe Administrator and the Secretary of the department in
\nwhich the Coast Guard is operating, shall promulgate such
\nregulations governing the design, construction, installation,
\nand use of marine pollution control devices on board vessels of
\nthe Armed Forces as are necessary to achieve the standards
\npromulgated under paragraph (3).
\n(5) DEADLINES; EFFECTIVE DATE.\u2014
\n(A) DETERMINATIONS.\u2014The Administrator and the
\nSecretary of Defense shall\u2014
\n(i) make the initial determinations under paragraph
\n(2) not later than 2 years after the date of the
\nenactment of this subsection; and
\n(ii) every 5 years\u2014
\n(I) review the determinations; and
\n(II) if necessary, revise the determinations
\nbased on significant new information.
\n(B) STANDARDS.\u2014The Administrator and the Secretary
\nof Defense shall\u2014
\n(i) promulgate standards of performance for a marine
\npollution control device under paragraph (3) not
\nlater than 2 years after the date of a determination
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\nSec. 312 FEDERAL WATER POLLUTION CONTROL ACT 164
\nunder paragraph (2) that the marine pollution control
\ndevice is required; and
\n(ii) every 5 years\u2014
\n(I) review the standards; and
\n(II) if necessary, revise the standards, consistent
\nwith paragraph (3)(B) and based on significant
\nnew information.
\n(C) REGULATIONS.\u2014The Secretary of Defense shall
\npromulgate regulations with respect to a marine pollution
\ncontrol device under paragraph (4) as soon as practicable
\nafter the Administrator and the Secretary of Defense promulgate
\nstandards with respect to the device under paragraph
\n(3), but not later than 1 year after the Administrator
\nand the Secretary of Defense promulgate the standards.
\nThe regulations promulgated by the Secretary of Defense
\nunder paragraph (4) shall become effective upon promulgation
\nunless another effective date is specified in the
\nregulations.
\n(D) PETITION FOR REVIEW.\u2014The Governor of any State
\nmay submit a petition requesting that the Secretary of Defense
\nand the Administrator review a determination under
\nparagraph (2) or a standard under paragraph (3), if there
\nis significant new information, not considered previously,
\nthat could reasonably result in a change to the particular
\ndetermination or standard after consideration of the matters
\nset forth in paragraph (2)(B). The petition shall be accompanied
\nby the scientific and technical information on
\nwhich the petition is based. The Administrator and the
\nSecretary of Defense shall grant or deny the petition not
\nlater than 2 years after the date of receipt of the petition.
\n(6) EFFECT ON OTHER LAWS.\u2014
\n(A) PROHIBITION ON REGULATION BY STATES OR POLITICAL
\nSUBDIVISIONS OF STATES.\u2014Beginning on the effective
\ndate of\u2014
\n(i) a determination under paragraph (2) that it is
\nnot reasonable and practicable to require use of a marine
\npollution control device regarding a particular discharge
\nincidental to the normal operation of a vessel
\nof the Armed Forces; or
\n(ii) regulations promulgated by the Secretary of
\nDefense under paragraph (4);
\nexcept as provided in paragraph (7), neither a State nor a
\npolitical subdivision of a State may adopt or enforce any
\nstatute or regulation of the State or political subdivision
\nwith respect to the discharge or the design, construction,
\ninstallation, or use of any marine pollution control device
\nrequired to control discharges from a vessel of the Armed
\nForces.
\n(B) FEDERAL LAWS.\u2014This subsection shall not affect
\nthe application of section 311 to discharges incidental to
\nthe normal operation of a vessel.
\n(7) ESTABLISHMENT OF STATE NO-DISCHARGE ZONES.\u2014
\n(A) STATE PROHIBITION.\u2014
\n(i) IN GENERAL.\u2014After the effective date of\u2014
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\n165 FEDERAL WATER POLLUTION CONTROL ACT Sec. 312
\n(I) a determination under paragraph (2) that
\nit is not reasonable and practicable to require use
\nof a marine pollution control device regarding a
\nparticular discharge incidental to the normal operation
\nof a vessel of the Armed Forces; or
\n(II) regulations promulgated by the Secretary
\nof Defense under paragraph (4);
\nif a State determines that the protection and enhancement
\nof the quality of some or all of the waters within
\nthe State require greater environmental protection,
\nthe State may prohibit 1 or more discharges incidental
\nto the normal operation of a vessel, whether treated or
\nnot treated, into the waters. No prohibition shall apply
\nuntil the Administrator makes the determinations described
\nin subclauses (II) and (III) of subparagraph
\n(B)(i).
\n(ii) DOCUMENTATION.\u2014To the extent that a prohibition
\nunder this paragraph would apply to vessels of
\nthe Armed Forces and not to other types of vessels,
\nthe State shall document the technical or environmental
\nbasis for the distinction.
\n(B) PROHIBITION BY THE ADMINISTRATOR.\u2014
\n(i) IN GENERAL.\u2014Upon application of a State, the
\nAdministrator shall by regulation prohibit the discharge
\nfrom a vessel of 1 or more discharges incidental
\nto the normal operation of a vessel, whether treated or
\nnot treated, into the waters covered by the application
\nif the Administrator determines that\u2014
\n(I) the protection and enhancement of the
\nquality of the specified waters within the State require
\na prohibition of the discharge into the waters;
\n(II) adequate facilities for the safe and sanitary
\nremoval of the discharge incidental to the
\nnormal operation of a vessel are reasonably available
\nfor the waters to which the prohibition would
\napply; and
\n(III) the prohibition will not have the effect of
\ndiscriminating against a vessel of the Armed
\nForces by reason of the ownership or operation by
\nthe Federal Government, or the military function,
\nof the vessel.
\n(ii) APPROVAL OR DISAPPROVAL.\u2014The Administrator
\nshall approve or disapprove an application submitted
\nunder clause (i) not later than 90 days after the
\ndate on which the application is submitted to the Administrator.
\nNotwithstanding clause (i)(II), the Administrator
\nshall not disapprove an application for the
\nsole reason that there are not adequate facilities to remove
\nany discharge incidental to the normal operation
\nof a vessel from vessels of the Armed Forces.
\n(C) APPLICABILITY TO FOREIGN FLAGGED VESSELS.\u2014A
\nprohibition under this paragraph\u2014
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\nSec. 313 FEDERAL WATER POLLUTION CONTROL ACT 166
\n(i) shall not impose any design, construction, manning,
\nor equipment standard on a foreign flagged vessel
\nengaged in innocent passage unless the prohibition
\nimplements a generally accepted international rule or
\nstandard; and
\n(ii) that relates to the prevention, reduction, and
\ncontrol of pollution shall not apply to a foreign flagged
\nvessel engaged in transit passage unless the prohibition
\nimplements an applicable international regulation
\nregarding the discharge of oil, oily waste, or any other
\nnoxious substance into the waters.
\n(8) PROHIBITION RELATING TO VESSELS OF THE ARMED
\nFORCES.\u2014After the effective date of the regulations promulgated
\nby the Secretary of Defense under paragraph (4), it shall
\nbe unlawful for any vessel of the Armed Forces subject to the
\nregulations to\u2014
\n(A) operate in the navigable waters of the United
\nStates or the waters of the contiguous zone, if the vessel
\nis not equipped with any required marine pollution control
\ndevice meeting standards established under this subsection;
\nor
\n(B) discharge overboard any discharge incidental to
\nthe normal operation of a vessel in waters with respect to
\nwhich a prohibition on the discharge has been established
\nunder paragraph (7).
\n(9) ENFORCEMENT.\u2014This subsection shall be enforceable,
\nas provided in subsections (j) and (k), against any agency of the
\nUnited States responsible for vessels of the Armed Forces notwithstanding
\nany immunity asserted by the agency.
\n(33 U.S.C. 1322)
\nFEDERAL FACILITIES POLLUTION CONTROL
\nSEC. 313. (a) Each department, agency, or instrumentality of
\nthe executive, legislative, and judicial branches of the Federal Government
\n(1) having jurisdiction over any property or facility, or (2)
\nengaged in any activity resulting, or which may result, in the discharge
\nor runoff of pollutants, and each officer, agent, or employee
\nthereof in the performance of his official duties, shall be subject to,
\nand comply with, all Federal, State, interstate, and local requirements,
\nadministrative authority, and process and sanctions respecting
\nthe control and abatement of water pollution in the same manner,
\nand to the same extent as any nongovernmental entity including
\nthe payment of reasonable service charges. The preceding sentence
\nshall apply (A) to any requirement whether substantive or
\nprocedural (including any recordkeeping or reporting requirement,
\nany requirement respecting permits and any other requirement,
\nwhatsoever), (B) to the exercise of any Federal, State, or local administrative
\nauthority, and (C) to any process and sanction, whether
\nenforced in Federal, State, or local courts or in any other manner.
\nThis subsection shall apply notwithstanding any immunity of
\nsuch agencies, officers, agents, or employees under any law or rule
\nof law. Nothing in this section shall be construed to prevent any
\ndepartment, agency, or instrumentality of the Federal Government,
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\n167 FEDERAL WATER POLLUTION CONTROL ACT Sec. 313
\nor any officer, agent, or employee thereof in the performance of his
\nofficial duties, from removing to the appropriate Federal district
\ncourt any proceeding to which the department, agency, or instrumentality
\nor officer, agent, or employee thereof is subject pursuant
\nto this section, and any such proceeding may be removed in accordance
\nwith 28 U.S.C. 1441 et seq. No officer, agent, or employee of
\nthe United States shall be personally liable for any civil penalty
\narising from the performance of his official duties, for which he is
\nnot otherwise liable, and the United States shall be liable only for
\nthose civil penalties arising under Federal law or imposed by a
\nState or local court to enforce an order or the process of such court.
\nThe President may exempt any effluent source of any department,
\nagency, or instrumentality in the executive branch from compliance
\nwith any such a requirement if he determines it to be in the paramount
\ninterest of the United States to do so; except that no exemption
\nmay be granted from the requirements of section 306 or 307
\nof this Act. No such exemptions shall be granted due to lack of appropriation
\nunless the President shall have specifically requested
\nsuch appropriation as a part of the budgetary process and the Congress
\nshall have failed to make available such requested appropriation.
\nAny exemption shall be for a period not in excess of one year,
\nbut additional exemptions may be granted for periods of not to exceed
\none year upon the President\u2019s making a new determination.
\nThe President shall report each January to the Congress all exemptions
\nfrom the requirements of this section granted during the preceding
\ncalendar year, together with his reason for granting such exemption.
\nIn addition to any such exemption of a particular effluent
\nsource, the President may, if he determines it to be in the paramount
\ninterest of the United States to do so, issue regulations exempting
\nfrom compliance with the requirements of this section any
\nweaponry, equipment, aircraft, vessels, vehicles, or other classes or
\ncategories of property, and access to such property, which are
\nowned or operated by the Armed Forces of the United States (including
\nthe Coast Guard) or by the National Guard of any State
\nand which are uniquely military in nature. The President shall reconsider
\nthe need for such regulations at three-year intervals.
\n(b)(1) The Administrator shall coordinate with the head of each
\ndepartment, agency, or instrumentality of the Federal Government
\nhaving jurisdiction over any property or facility utilizing federally
\nowned wastewater facilities to develop a program of cooperation for
\nutilizing wastewater control systems utilizing those innovative
\ntreatment processes and techniques for which guidelines have been
\npromulgated under section 304(d)(3). Such program shall include
\nan inventory of property and facilities which could utilize such
\nprocesses and techniques.
\n(2) Construction shall not be initiated for facilities for treatment
\nof wastewater at any Federal property or facility after September
\n30, 1979, if alternative methods for wastewater treatment
\nat such property or facility utilizing innovative treatment processes
\nand techniques, including but not limited to methods utilizing recycle
\nand reuse techniques and land treatment are not utilized, unless
\nthe life cycle cost of the alternative treatment works exceeds
\nthe life cycle cost of the most cost effective alternative by more
\nthan 15 per centum. The Administrator may waive the application
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\nSec. 314 FEDERAL WATER POLLUTION CONTROL ACT 168
\nof this paragraph in any case where the Administrator determines
\nit to be in the public interest, or that compliance with this paragraph
\nwould interfere with the orderly compliance with the conditions
\nof a permit issued pursuant to section 402 of this Act.
\n(33 U.S.C. 1323)
\nCLEAN LAKES
\nSEC. 314. (a) ESTABLISHMENT AND SCOPE OF PROGRAM.\u2014
\n(1) STATE PROGRAM REQUIREMENTS.\u2014Each State on a biennial
\nbasis shall prepare and submit to the Administrator for
\nhis approval\u2014
\n(A) an identification and classification according to eutrophic
\ncondition of all publicly owned lakes in such State;
\n(B) a description of procedures, processes, and methods
\n(including land use requirements), to control sources of
\npollution of such lakes;
\n(C) a description of methods and procedures, in conjunction
\nwith appropriate Federal agencies, to restore the
\nquality of such lakes;
\n(D) methods and procedures to mitigate the harmful
\neffects of high acidity, including innovative methods of
\nneutralizing and restoring buffering capacity of lakes and
\nmethods of removing from lakes toxic metals and other
\ntoxic substances mobilized by high acidity;
\n(E) a list and description of those publicily owned
\nlakes in such State for which uses are known to be impaired,
\nincluding those lakes which are known not to meet
\napplicable water quality standards or which require implementation
\nof control programs to maintain compliance
\nwith applicable standards and those lakes in which water
\nquality has deteriorated as a result of high acidity that
\nmay reasonably be due to acid deposition; and
\n(F) an assessment of the status and trends of water
\nquality in lakes in such State, including but not limited to,
\nthe nature and extent of pollution loading from point and
\nnonpoint sources and the extent to which the use of lakes
\nis impaired as a result of such pollution, particularly with
\nrespect to toxic pollution.
\n(2) SUBMISSION AS PART OF 305(b)(1) REPORT.\u2014The information
\nrequired under paragraph (1) shall be included in the report
\nrequired under section 305(b)(1) of this Act, beginning
\nwith the report required under such section by April 1, 1988.
\n(3) ELIGIBILITY REQUIREMENT.\u2014Beginning after April 1,
\n1988, a State must have submitted the information required
\nunder paragraph (1) in order to receive grant assistance under
\nthis section.
\n(b) The Administrator shall provide financial assistance to
\nStates in order to carry out methods and procedures approved by
\nhim under subsection (a) of this section. The Administrator shall
\nprovide financial assistance to States to prepare the identification
\nand classification surveys required in subsection (a)(1) of this section.
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\n169 FEDERAL WATER POLLUTION CONTROL ACT Sec. 314
\n(c)(1) The amount granted to any State for any fiscal year
\nunder subsection (b) of this section shall not exceed 70 per centum
\nof the funds expended by such State in such year for carrying out
\napproved methods and procedures under subsection (a) of this section.
\n(2) There is authorized to be appropriated $50,000,000 for the
\nfiscal year ending June 30, 1973; $100,000,000 for the fiscal year
\n1974; $150,000,000 for the fiscal year 1975, $50,000,000 for fiscal
\nyear 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal
\nyear 1979, $60,000,000 for fiscal year 1980, $30,000,000 for fiscal
\nyear 1981, $30,000,000 for fiscal year 1982, such sums as may be
\nnecessary for fiscal years 1983 through 1985, and $30,000,000 per
\nfiscal year for each of the fiscal years 1986 through 1990 for grants
\nto States under subsection (b) of this section which such sums shall
\nremain available until expended. The Administrator shall provide
\nfor an equitable distribution of such sums to the States with approved
\nmethods and procedures under subsection (a) of this section.
\n(d) DEMONSTRATION PROGRAM.\u2014
\n(1) GENERAL REQUIREMENTS.\u2014The Administrator is authorized
\nand directed to establish and conduct at locations
\nthroughout the Nation a lake water quality demonstration program.
\nThe program shall, at a minimum\u2014
\n(A) develop cost effective technologies for the control of
\npollutants to preserve or enhance lake water quality while
\noptimizing multiple lakes uses;
\n(B) control nonpoint sources of pollution which are
\ncontributing to the degradation of water quality in lakes;
\n(C) evaluate the feasibility of implementing regional
\nconsolidated pollution control strategies;
\n(D) demonstrate environmentally preferred techniques
\nfor the removal and disposal of contaminated lake sediments;
\n(E) develop improved methods for the removal of silt,
\nstumps, aquatic growth, and other obstructions which impair
\nthe quality of lakes;
\n(F) construct and evaluate silt traps and other devices
\nor equipment to prevent or abate the deposit of sediment
\nin lakes; and
\n(G) demonstrate the costs and benefits of utilizing
\ndredged material from lakes in the reclamation of despoiled
\nland.
\n(2) GEOGRAPHICAL REQUIREMENTS.\u2014Demonstration
\nprojects authorized by this subsection shall be undertaken to
\nreflect a variety of geographical and environmental conditions.
\nAs a priority, the Administrator shall undertake demonstration
\nprojects at Lake Champlain, New York and Vermont; Lake
\nHouston, Texas; Beaver Lake, Arkansas; Greenwood Lake and
\nBelcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon
\nLake, New Jersey; Gorton\u2019s Pond, Rhode Island; Lake Washington,
\nRhode Island; Lake Bomoseen, Vermont; Sauk Lake,
\nMinnesota; and Lake Worth, Texas.
\n(3) REPORTS.\u2014By January 1, 1997, and January 1 of every
\nodd-numbered year thereafter, the Administrator shall report
\nto the Committee on Transportation and Infrastructure of the
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\nSec. 315 FEDERAL WATER POLLUTION CONTROL ACT 170
\nHouse of Representatives and the Committee on Environment
\nand Public Works of the Senate on work undertaken pursuant
\nto this subsection. Upon completion of the program authorized
\nby this subsection, the Administrator shall submit to such committees
\na final report on the results of such program, along
\nwith recommendations for further measures to improve the
\nwater quality of the Nation\u2019s lakes.
\n(4) AUTHORIZATION OF APPROPRIATIONS.\u2014
\n(A) IN GENERAL.\u2014There is authorized to be appropriated
\nto carry out this subsection not to exceed
\n$40,000,000 for fiscal years beginning after September 30,
\n1986, to remain available until expended.
\n(B) SPECIAL AUTHORIZATIONS.\u2014
\n(i) AMOUNT.\u2014There is authorized to be appropriated
\nto carry out subsection (b) with respect to subsection
\n(a)(1)(D) not to exceed $15,000,000 for fiscal
\nyears beginning after September 30, 1986, to remain
\navailable until expended.
\n(ii) DISTRIBUTION OF FUNDS.\u2014The Administrator
\nshall provide for an equitable distribution of sums appropriated
\npursuant to this subparagraph among
\nStates carrying out approved methods and procedures.
\nSuch distribution shall be based on the relative needs
\nof each such State for the mitigation of the harmful effects
\non lakes and other surface waters of high acidity
\nthat may reasonably be due to acid deposition or acid
\nmine drainage.
\n(iii) GRANTS AS ADDITIONAL ASSISTANCE.\u2014The
\namount of any grant to a State under this subparagraph
\nshall be in addition to, and not in lieu of, any
\nother Federal financial assistance.
\n(33 U.S.C. 1324)
\nNATIONAL STUDY COMMISSION
\nSEC. 315. (a) There is established a National Study Commission,
\nwhich shall make a full and complete investigation and study
\nof all of the technological aspects of achieving, and all aspects of
\nthe total economic, social, and environmental effects of achieving or
\nnot achieving, the effluent limitations and goals set forth for 1983
\nin section 301(b)(2) of this Act.
\n(b) Such Commission shall be composed of fifteen members, including
\nfive members of the Senate, who are members of the Public
\nWorks committee, appointed by the President of the Senate, five
\nmembers of the House, who are members of the Public Works committee,
\nappointed by the Speaker of the House, and five members
\nof the public appointed by the President. The Chairman of such
\nCommission shall be elected from among its members.
\n(c) In the conduct of such study, the Commission is authorized
\nto contract with the National Academy of Sciences and the National
\nAcademy of Engineering (acting through the National Research
\nCouncil), the National Institute of Ecology, Brookings Institution,
\nand other nongovernmental entities, for the investigation of
\nmatters within their competence.
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\n171 FEDERAL WATER POLLUTION CONTROL ACT Sec. 316
\n(d) The heads of the departments, agencies and instrumentalities
\nof the executive branch of the Federal Government shall cooperate
\nwith the Commission in carrying out the requirements of
\nthis section, and shall furnish to the Commission such information
\nas the Commission deems necessary to carry out this section.
\n(e) A report shall be submitted to the Congress of the results
\nof such investigation and study, together with recommendations,
\nnot later than three years after the date of enactment of this title.
\n(f) The members of the Commission who are not officers or employees
\nof the United States, while attending conferences or meetings
\nof the Commission or while otherwise serving at the request
\nof the Chairman shall be entitled to receive compensation at a rate
\nnot in excess of the maximum rate of pay for grade GS\u201318, as provided
\nin the General Schedule under section 5332 of title V of the
\nUnited States Code, including traveltime and while away from
\ntheir homes or regular places of business they may be allowed travel
\nexpenses, including per diem in lieu of subsistence as authorized
\nby law (5 U.S.C. 73b\u20132) for persons in the Government service employed
\nintermittently.
\n(g) In addition to authority to appoint personnel subject to the
\nprovisions of title 5, United States Code, governing appointments
\nin the competitive service, and to pay such personnel in accordance
\nwith the provisions of chapter 51 and subchapter III of chapter 53
\nof such title relating to classification and General Schedule pay
\nrates, the Commission shall have authority to enter into contracts
\nwith private or public organizations who shall furnish the Commission
\nwith such administrative and technical personnel as may be
\nnecessary to carry out the purpose of this section. Personnel furnished
\nby such organizations under this subsection are not, and
\nshall not be considered to be, Federal employees for any purposes,
\nbut in the performance of their duties shall be guided by the standards
\nwhich apply to employees of the legislative branches under
\nrules 41 and 43 of the Senate and House of Representatives, respectively.
\n(h) There is authorized to be appropriated, for use in carrying
\nout this section, not to exceed $17,250,000.
\n(33 U.S.C. 1325)
\nTHERMAL DISCHARGES
\nSEC. 316. (a) With respect to any point source otherwise subject
\nto the provisions of section 301 or section 306 of this Act,
\nwhenever the owner or operator of any such source, after opportunity
\nfor public hearing, can demonstrate to the satisfaction of the
\nAdministrator (or, if appropriate, the State) that any effluent limitation
\nproposed for the control of the thermal component of any discharge
\nfrom such source will require effluent limitations more
\nstringent than necessary to assure the projection and propagation
\nof a balanced, indigenous population of shellfish, fish, and wildlife
\nin and on the body of water into which the discharge is to be made,
\nthe Administrator (or, if appropriate, the State) may impose an effluent
\nlimitation under such sections for such plant, with respect
\nto the thermal component of such discharge (taking into account
\nthe interaction of such thermal component with other pollutants),<\/p>\n
\nthat will assure the projection and propagation of a balanced, indigenous
\npopulation of shellfish, fish, and wildlife in and on that
\nbody of water.
\n(b) Any standard established pursuant to section 301 or section
\n306 of this Act and applicable to a point source shall require that
\nthe location, design, construction, and capacity of cooling water intake
\nstructures reflect the best technology available for minimizing
\nadverse environmental impact.
\n(c) Notwithstanding any other provision of this Act, any point
\nsource of a discharge having a thermal component, the modification
\nof which point source is commenced after the date of enactment of
\nthe Federal Water Pollution Control Act Amendments of 1972 and
\nwhich, as modified, meets effluent limitations established under
\nsection 301 or, if more stringent, effluent limitations established
\nunder section 303 and which effluent limitations will assure protection
\nand propagation of a balanced, indigenous population of shellfish,
\nfish, and wildlife in or on the water into which the discharge
\nis made, shall not be subject to any more stringent effluent limitation
\nwith respect to the thermal component of its discharge during
\na ten year period beginning on the date of completion of such modification
\nor during the period of depreciation or amortization of such
\nfacility for the purpose of section 167 or 169 (or both) of the Internal
\nRevenue Code of 1954, whichever period ends first.
\n(33 U.S.C. 1326)
\nFINANCING STUDY
\nSEC. 317. (a) The Administrator shall continue to investigate
\nand study the feasibility of alternate methods of financing the cost
\nof preventing, controlling and abating pollution as directed in the
\nWater Quality Improvement Act of 1970 (Public Law 91\u2013224), including,
\nbut not limited to, the feasibility of establishing a pollution
\nabatement trust fund. The results of such investigation and study
\nshall be reported to the Congress not later than two years after enactment
\nof this title, together with recommendations of the Administrator
\nfor financing the programs for preventing, controlling and
\nabating pollution for the fiscal years beginning after fiscal year
\n1976, including any necessary legislation.
\n(b) There is authorized to be appropriated for use in carrying
\nout this section, not to exceed $1,000,000.
\n(33 U.S.C. 1327)
\nAQUACULTURE
\nSEC. 318. (a) The Administrator is authorized, after public
\nhearings, to permit the discharge of a specific pollutant or pollutants
\nunder controlled conditions associated with an approved aquaculture
\nproject under Federal or State supervision pursuant to section
\n402 of this Act.
\n(b) The Administrator shall by regulation establish any procedures
\nand guidelines which the Administrator deems necessary to
\ncarry out this section. Such regulations shall require the application
\nto such discharge of each criterion, factor, procedure, and requirement
\napplicable to a permit issued under section 402 of this
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\n173 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319
\ntitle, as the Administrator determines necessary to carry out the
\nobjective of this Act.
\n(c) Each State desiring to administer its own permit program
\nwithin its jurisdiction for discharge of a specific pollutant or pollutants
\nunder controlled conditions associated with an approved aquaculture
\nproject may do so if upon submission of such program the
\nAdministrator determines such program is adequate to carry out
\nthe objective of this Act.
\n(33 U.S.C. 1328)
\nSEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.
\n(a) STATE ASSESSMENT REPORTS.\u2014
\n(1) CONTENTS.\u2014The Governor of each State shall, after notice
\nand opportunity for public comment, prepare and submit
\nto the Administrator for approval, a report which\u2014
\n(A) identifies those navigable waters within the State
\nwhich, without additional action to control nonpoint
\nsources of pollution, cannot reasonably be expected to attain
\nor maintain applicable water quality standards or the
\ngoals and requirements of this Act;
\n(B) identifies those categories and subcategories of
\nnonpoint sources or, where appropriate, particular
\nnonpoint sources which add significant pollution to each
\nportion of the navigable waters identified under subparagraph
\n(A) in amounts which contribute to such portion not
\nmeeting such water quality standards or such goals and
\nrequirements;
\n(C) describes the process, including intergovernmental
\ncoordination and public participation, for identifying best
\nmanagement practices and measures to control each category
\nand subcategory of nonpoint sources and, where appropriate,
\nparticular nonpoint sources identified under
\nsubparagraph (B) and to reduce, to the maximum extent
\npracticable, the level of pollution resulting from such category,
\nsubcategory, or source; and
\n(D) identifies and describes State and local programs
\nfor controlling pollution added from nonpoint sources to,
\nand improving the quality of, each such portion of the navigable
\nwaters, including but not limited to those programs
\nwhich are receiving Federal assistance under subsections
\n(h) and (i).
\n(2) INFORMATION USED IN PREPARATION.\u2014In developing the
\nreport required by this section, the State (A) may rely upon information
\ndeveloped pursuant to sections 208, 303(e), 304(f),
\n305(b), and 314, and other information as appropriate, and (B)
\nmay utilize appropriate elements of the waste treatment management
\nplans developed pursuant to sections 208(b) and 303,
\nto the extent such elements are consistent with and fulfill the
\nrequirements of this section.
\n(b) STATE MANAGEMENT PROGRAMS.\u2014
\n(1) IN GENERAL.\u2014The Governor of each State, for that
\nState or in combination with adjacent States, shall, after notice
\nand opportunity for public comment, prepare and submit to the
\nAdministrator for approval a management program which such
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\nSec. 319 FEDERAL WATER POLLUTION CONTROL ACT 174
\nState proposes to implement in the first four fiscal years beginning
\nafter the date of submission of such management program
\nfor controlling pollution added from nonpoint sources to the
\nnavigable waters within the State and improving the quality of
\nsuch waters.
\n(2) SPECIFIC CONTENTS.\u2014Each management program proposed
\nfor implementation under this subsection shall include
\neach of the following:
\n(A) An identification of the best management practices
\nand measures which will be undertaken to reduce pollutant
\nloadings resulting from each category, subcategory, or
\nparticular nonpoint source designated under paragraph
\n(1)(B), taking into account the impact of the practice on
\nground water quality.
\n(B) An identification of programs (including, as appropriate,
\nnonregulatory or regulatory programs for enforcement,
\ntechnical assistance, financial assistance, education,
\ntraining, technology transfer, and demonstration projects)
\nto achieve implementation of the best management practices
\nby the categories, subcategories, and particular
\nnonpoint sources designated under subparagraph (A).
\n(C) A schedule containing annual milestones for (i) utilization
\nof the program implementation methods identified
\nin subparagraph (B), and (ii) implementation of the best
\nmanagement practices identified in subparagraph (A) by
\nthe categories, subcategories, or particular nonpoint
\nsources designated under paragraph (1)(B). Such schedule
\nshall provide for utilization of the best management practices
\nat the earliest practicable date.
\n(D) A certification of the attorney general of the State
\nor States (or the chief attorney of any State water pollution
\ncontrol agency which has independent legal counsel)
\nthat the laws of the State or States, as the case may be,
\nprovide adequate authority to implement such management
\nprogram or, if there is not such adequate authority,
\na list of such additional authorities as will be necessary to
\nimplement such management program. A schedule and
\ncommitment by the State or States to seek such additional
\nauthorities as expeditiously as practicable.
\n(E) Sources of Federal and other assistance and funding
\n(other than assistance provided under subsections (h)
\nand (i)) which will be available in each of such fiscal years
\nfor supporting implementation of such practices and measures
\nand the purposes for which such assistance will be
\nused in each of such fiscal years.
\n(F) An identification of Federal financial assistance
\nprograms and Federal development projects for which the
\nState will review individual assistance applications or development
\nprojects for their effect on water quality pursuant
\nto the procedures set forth in Executive Order 12372
\nas in effect on September 17, 1983, to determine whether
\nsuch assistance applications or development projects would
\nbe consistent with the program prepared under this subsection;
\nfor the purposes of this subparagraph, identifica-
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\n175 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319
\ntion shall not be limited to the assistance programs or development
\nprojects subject to Executive Order 12372 but
\nmay include any programs listed in the most recent Catalog
\nof Federal Domestic Assistance which may have an effect
\non the purposes and objectives of the State\u2019s nonpoint
\nsource pollution management program.
\n(3) UTILIZATION OF LOCAL AND PRIVATE EXPERTS.\u2014In developing
\nand implementing a management program under this
\nsubsection, a State shall, to the maximum extent practicable,
\ninvolve local public and private agencies and organizations
\nwhich have expertise in control of nonpoint sources of pollution.
\n(4) DEVELOPMENT ON WATERSHED BASIS.\u2014A State shall, to
\nthe maximum extent practicable, develop and implement a
\nmanagement program under this subsection on a watershedby-
\nwatershed basis within such State.
\n(c) ADMINISTRATIVE PROVISIONS.\u2014
\n(1) COOPERATION REQUIREMENT.\u2014Any report required by
\nsubsection (a) and any management program and report required
\nby subsection (b) shall be developed in cooperation with
\nlocal, substate regional, and interstate entities which are actively
\nplanning for the implementation of nonpoint source pollution
\ncontrols and have either been certified by the Administrator
\nin accordance with section 208, have worked jointly with
\nthe State on water quality management planning under section
\n205(j), or have been designated by the State legislative body or
\nGovernor as water quality management planning agencies for
\ntheir geographic areas.
\n(2) TIME PERIOD FOR SUBMISSION OF REPORTS AND MANAGEMENT
\nPROGRAMS.\u2014Each report and management program shall
\nbe submitted to the Administrator during the 18-month period
\nbeginning on the date of the enactment of this section.
\n(d) APPROVAL OR DISAPPROVAL OF REPORTS AND MANAGEMENT
\nPROGRAMS.\u2014
\n(1) DEADLINE.\u2014Subject to paragraph (2), not later than
\n180 days after the date of submission to the Administrator of
\nany report or management program under this section (other
\nthan subsections (h), (i), and (k)), the Administrator shall either
\napprove or disapprove such report or management program,
\nas the case may be. The Administrator may approve a
\nportion of a management program under this subsection. If the
\nAdministrator does not disapprove a report, management program,
\nor portion of a management program in such 180-day period,
\nsuch report, management program, or portion shall be
\ndeemed approved for purposes of this section.
\n(2) PROCEDURE FOR DISAPPROVAL.\u2014If, after notice and opportunity
\nfor public comment and consultation with appropriate
\nFederal and State agencies and other interested persons,
\nthe Administrator determines that\u2014
\n(A) the proposed management program or any portion
\nthereof does not meet the requirements of subsection (b)(2)
\nof this section or is not likely to satisfy, in whole or in
\npart, the goals and requirements of this Act;
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\nNovember 27, 2002
\nSec. 319 FEDERAL WATER POLLUTION CONTROL ACT 176
\n(B) adequate authority does not exist, or adequate resources
\nare not available, to implement such program or
\nportion;
\n(C) the schedule for implementing such program or
\nportion is not sufficiently expeditious; or
\n(D) the practices and measures proposed in such program
\nor portion are not adequate to reduce the level of pollution
\nin navigable waters in the State resulting from
\nnonpoint sources and to improve the quality of navigable
\nwaters in the State;
\nthe Administrator shall within 6 months of the receipt of the
\nproposed program notify the State of any revisions or modifications
\nnecessary to obtain approval. The State shall thereupon
\nhave an additional 3 months to submit its revised management
\nprogram and the Administrator shall approve or disapprove
\nsuch revised program within three months of receipt.
\n(3) FAILURE OF STATE TO SUBMIT REPORT.\u2014If a Governor of
\na State does not submit the report required by subsection (a)
\nwithin the period specified by subsection (c)(2), the Administrator
\nshall, within 30 months after the date of the enactment
\nof this section, prepare a report for such State which makes
\nthe identifications required by paragraphs (1)(A) and (1)(B) of
\nsubsection (a). Upon completion of the requirement of the preceding
\nsentence and after notice and opportunity for comment,
\nthe Administrator shall report to Congress on his actions pursuant
\nto this section.
\n(e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL ASSISTANCE.\u2014
\nIf a State fails to submit a management program under subsection
\n(b) or the Administrator does not approve such a management program,
\na local public agency or organization which has expertise in,
\nand authority to, control water pollution resulting from nonpoint
\nsources in any area of such State which the Administrator determines
\nis of sufficient geographic size may, with approval of such
\nState, request the Administrator to provide, and the Administrator
\nshall provide, technical assistance to such agency or organization
\nin developing for such area a management program which is described
\nin subsection (b) and can be approved pursuant to subsection
\n(d). After development of such management program, such
\nagency or organization shall submit such management program to
\nthe Administrator for approval. If the Administrator approves such
\nmanagement program, such agency or organization shall be eligible
\nto receive financial assistance under subsection (h) for implementation
\nof such management program as if such agency or organization
\nwere a State for which a report submitted under subsection (a) and
\na management program submitted under subsection (b) were approved
\nunder this section. Such financial assistance shall be subject
\nto the same terms and conditions as assistance provided to a
\nState under subsection (h).
\n(f) TECHNICAL ASSISTANCE FOR STATE.\u2014Upon request of a
\nState, the Administrator may provide technical assistance to such
\nState in developing a management program approved under subsection
\n(b) for those portions of the navigable waters requested by
\nsuch State.
\n(g) INTERSTATE MANAGEMENT CONFERENCE.\u2014
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\n177 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319
\n(1) CONVENING OF CONFERENCE; NOTIFICATION; PURPOSE.\u2014
\nIf any portion of the navigable waters in any State which is
\nimplementing a management program approved under this
\nsection is not meeting applicable water quality standards or
\nthe goals and requirements of this Act as a result, in whole or
\nin part, of pollution from nonpoint sources in another State,
\nsuch State may petition the Administrator to convene, and the
\nAdministrator shall convene, a management conference of all
\nStates which contribute significant pollution resulting from
\nnonpoint sources to such portion. If, on the basis of information
\navailable, the Administrator determines that a State is not
\nmeeting applicable water quality standards or the goals and
\nrequirements of this Act as a result, in whole or in part, of significant
\npollution from nonpoint sources in another State, the
\nAdministrator shall notify such States. The Administrator may
\nconvene a management conference under this paragraph not
\nlater than 180 days after giving such notification, whether or
\nnot the State which is not meeting such standards requests
\nsuch conference. The purpose of such conference shall be to develop
\nan agreement among such States to reduce the level of
\npollution in such portion resulting from nonpoint sources and
\nto improve the water quality of such portion. Nothing in such
\nagreement shall supersede or abrogate rights to quantities of
\nwater which have been established by interstate water compacts,
\nSupreme Court decrees, or State water laws. This subsection
\nshall not apply to any pollution which is subject to the
\nColorado River Basin Salinity Control Act. The requirement
\nthat the Administrator convene a management conference
\nshall not be subject to the provisions of section 505 of this Act.
\n(2) STATE MANAGEMENT PROGRAM REQUIREMENT.\u2014To the
\nextent that the States reach agreement through such conference,
\nthe management programs of the States which are
\nparties to such agreements and which contribute significant
\npollution to the navigable waters or portions thereof not meeting
\napplicable water quality standards or goals and requirements
\nof this Act will be revised to reflect such agreement.
\nSuch management programs shall be consistent with Federal
\nand State law.
\n(h) GRANT PROGRAM.\u2014
\n(1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT PROGRAMS.\u2014
\nUpon application of a State for which a report submitted
\nunder subsection (a) and a management program submitted
\nunder subsection (b) is approved under this section, the
\nAdministrator shall make grants, subject to such terms and
\nconditions as the Administrator considers appropriate, under
\nthis subsection to such State for the purpose of assisting the
\nState in implementing such management program. Funds reserved
\npursuant to section 205(j)(5) of this Act may be used to
\ndevelop and implement such management program.
\n(2) APPLICATIONS.\u2014An application for a grant under this
\nsubsection in any fiscal year shall be in such form and shall
\ncontain such other information as the Administrator may require,
\nincluding an identification and description of the best
\nmanagement practices and measures which the State proposes
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\nSec. 319 FEDERAL WATER POLLUTION CONTROL ACT 178
\nto assist, encourage, or require in such year with the Federal
\nassistance to be provided under the grant.
\n(3) FEDERAL SHARE.\u2014The Federal share of the cost of each
\nmanagement program implemented with Federal assistance
\nunder this subsection in any fiscal year shall not exceed 60
\npercent of the cost incurred by the State in implementing such
\nmanagement program and shall be made on condition that the
\nnon-Federal share is provided from non-Federal sources.
\n(4) LIMITATION ON GRANT AMOUNTS.\u2014Notwithstanding any
\nother provision of this subsection, not more than 15 percent of
\nthe amount appropriated to carry out this subsection may be
\nused to make grants to any one State, including any grants to
\nany local public agency or organization with authority to control
\npollution from nonpoint sources in any area of such State.
\n(5) PRIORITY FOR EFFECTIVE MECHANISMS.\u2014For each fiscal
\nyear beginning after September 30, 1987, the Administrator
\nmay give priority in making grants under this subsection, and
\nshall give consideration in determining the Federal share of
\nany such grant, to States which have implemented or are proposing
\nto implement management programs which will\u2014
\n(A) control particularly difficult or serious nonpoint
\nsource pollution problems, including, but not limited to,
\nproblems resulting from mining activities;
\n(B) implement innovative methods or practices for controlling
\nnonpoint sources of pollution, including regulatory
\nprograms where the Administrator deems appropriate;
\n(C) control interstate nonpoint source pollution problems;
\nor
\n(D) carry out ground water quality protection activities
\nwhich the Administrator determines are part of a comprehensive
\nnonpoint source pollution control program, including
\nresearch, planning, ground water assessments,
\ndemonstration programs, enforcement, technical assistance,
\neducation, and training to protect ground water quality
\nfrom nonpoint sources of pollution.
\n(6) AVAILABILITY FOR OBLIGATION.\u2014The funds granted to
\neach State pursuant to this subsection in a fiscal year shall remain
\navailable for obligation by such State for the fiscal year
\nfor which appropriated. The amount of any such funds not obligated
\nby the end of such fiscal year shall be available to the
\nAdministrator for granting to other States under this subsection
\nin the next fiscal year.
\n(7) LIMITATION ON USE OF FUNDS.\u2014States may use funds
\nfrom grants made pursuant to this section for financial assistance
\nto persons only to the extent that such assistance is related
\nto the costs of demonstration projects.
\n(8) SATISFACTORY PROGRESS.\u2014No grant may be made
\nunder this subsection in any fiscal year to a State which in the
\npreceding fiscal year received a grant under this subsection unless
\nthe Administrator determines that such State made satisfactory
\nprogress in such preceding fiscal year in meeting the
\nschedule specified by such State under subsection (b)(2).
\n(9) MAINTENANCE OF EFFORT.\u2014No grant may be made to
\na State under this subsection in any fiscal year unless such
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\n179 FEDERAL WATER POLLUTION CONTROL ACT Sec. 319
\nState enters into such agreements with the Administrator as
\nthe Administrator may require to ensure that such State will
\nmaintain its aggregate expenditures from all other sources for
\nprograms for controlling pollution added to the navigable waters
\nin such State from nonpoint sources and improving the
\nquality of such waters at or above the average level of such expenditures
\nin its two fiscal years preceding the date of enactment
\nof this subsection.
\n(10) REQUEST FOR INFORMATION.\u2014The Administrator may
\nrequest such information, data, and reports as he considers
\nnecessary to make the determination of continuing eligibility
\nfor grants under this section.
\n(11) REPORTING AND OTHER REQUIREMENTS.\u2014Each State
\nshall report to the Administrator on an annual basis concerning
\n(A) its progress in meeting the schedule of milestones
\nsubmitted pursuant to subsection (b)(2)(C) of this section, and
\n(B) to the extent that appropriate information is available, reductions
\nin nonpoint source pollutant loading and improvements
\nin water quality for those navigable waters or watersheds
\nwithin the State which were identified pursuant to subsection
\n(a)(1)(A) of this section resulting from implementation
\nof the management program.
\n(12) LIMITATION ON ADMINISTRATIVE COSTS.\u2014For purposes
\nof this subsection, administrative costs in the form of salaries,
\noverhead, or indirect costs for services provided and charged
\nagainst activities and programs carried out with a grant under
\nthis subsection shall not exceed in any fiscal year 10 percent
\nof the amount of the grant in such year, except that costs of
\nimplementing enforcement and regulatory activities, education,
\ntraining, technical assistance, demonstration projects, and
\ntechnology transfer programs shall not be subject to this limitation.
\n(i) GRANTS FOR PROTECTING GROUNDWATER QUALITY.\u2014
\n(1) ELIGIBLE APPLICANTS AND ACTIVITIES.\u2014Upon application
\nof a State for which a report submitted under subsection
\n(a) and a plan submitted under subsection (b) is approved
\nunder this section, the Administrator shall make grants under
\nthis subsection to such State for the purpose of assisting such
\nState in carrying out groundwater quality protection activities
\nwhich the Administrator determines will advance the State toward
\nimplementation of a comprehensive nonpoint source pollution
\ncontrol program. Such activities shall include, but not be
\nlimited to, research, planning, groundwater assessment, demonstration
\nprograms, enforcement, technical assistance, education
\nand training to protect the quality of groundwater and
\nto prevent contamination of groundwater from nonpoint
\nsources of pollution.
\n(2) APPLICATIONS.\u2014An application for a grant under this
\nsubsection shall be in such form and shall contain such information
\nas the Administrator may require.
\n(3) FEDERAL SHARE; MAXIMUM AMOUNT.\u2014The Federal
\nshare of the cost of assisting a State in carrying out groundwater
\nprotection activities in any fiscal year under this subsection
\nshall be 50 percent of the costs incurred by the State
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\nSec. 320 FEDERAL WATER POLLUTION CONTROL ACT 180
\nin carrying out such activities, except that the maximum
\namount of Federal assistance which any State may receive
\nunder this subsection in any fiscal year shall not exceed
\n$150,000.
\n(j) AUTHORIZATION OF APPROPRIATIONS.\u2014There is authorized to
\nbe appropriated to carry out subsections (h) and (i) not to exceed
\n$70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for
\neach of fiscal years 1989 and 1990, and $130,000,000 for fiscal year
\n1991; except that for each of such fiscal years not to exceed
\n$7,500,000 may be made available to carry out subsection (i). Sums
\nappropriated pursuant to this subsection shall remain available
\nuntil expended.
\n(k) CONSISTENCY OF OTHER PROGRAMS AND PROJECTS WITH
\nMANAGEMENT PROGRAMS.\u2014The Administrator shall transmit to the
\nOffice of Management and Budget and the appropriate Federal departments
\nand agencies a list of those assistance programs and development
\nprojects identified by each State under subsection
\n(b)(2)(F) for which individual assistance applications and projects
\nwill be reviewed pursuant to the procedures set forth in Executive
\nOrder 12372 as in effect on September 17, 1983. Beginning not
\nlater than sixty days after receiving notification by the Administrator,
\neach Federal department and agency shall modify existing
\nregulations to allow States to review individual development
\nprojects and assistance applications under the identified Federal
\nassistance programs and shall accommodate, according to the requirements
\nand definitions of Executive Order 12372, as in effect
\non September 17, 1983, the concerns of the State regarding the
\nconsistency of such applications or projects with the State nonpoint
\nsource pollution management program.
\n(l) COLLECTION OF INFORMATION.\u2014The Administrator shall collect
\nand make available, through publications and other appropriate
\nmeans, information pertaining to management practices and
\nimplementation methods, including, but not limited to, (1) information
\nconcerning the costs and relative efficiencies of best management
\npractices for reducing nonpoint source pollution; and (2)
\navailable data concerning the relationship between water quality
\nand implementation of various management practices to control
\nnonpoint sources of pollution.
\n(m) SET ASIDE FOR ADMINISTRATIVE PERSONNEL.\u2014Not less
\nthan 5 percent of the funds appropriated pursuant to subsection (j)
\nfor any fiscal year shall be available to the Administrator to maintain
\npersonnel levels at the Environmental Protection Agency at
\nlevels which are adequate to carry out this section in such year.
\n(33 U.S.C. 1329)
\nSEC. 320. NATIONAL ESTUARY PROGRAM.
\n(a) MANAGEMENT CONFERENCE.\u2014
\n(1) NOMINATION OF ESTUARIES.\u2014The Governor of any State
\nmay nominate to the Administrator an estuary lying in whole
\nor in part within the State as an estuary of national significance
\nand request a management conference to develop a comprehensive
\nmanagement plan for the estuary. The nomination
\nshall document the need for the conference, the likelihood of
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\nNovember 27, 2002
\n181 FEDERAL WATER POLLUTION CONTROL ACT Sec. 320
\n1 Both P.L. 100\u2013653 and P.L. 100\u2013658 inserted the same Massachusetts Bay phrase after Buzzards
\nBay; so that the phrase appears twice.
\n2 P.L. 100\u2013688, section 2001(3) inserted the Louisiana, Florida, New York bays after \u2018\u2018Galveston,
\nTexas;\u2019\u2019 which technically could not be executed.
\nsuccess, and information relating to the factors in paragraph
\n(2).
\n(2) CONVENING OF CONFERENCE.\u2014
\n(A) IN GENERAL.\u2014In any case where the Administrator
\ndetermines, on his own initiative or upon nomination of a
\nState under paragraph (1), that the attainment or maintenance
\nof that water quality in an estuary which assures
\nprotection of public water supplies and the protection and
\npropagation of a balanced, indigenous population of shellfish,
\nfish, and wildlife and allows recreational activities, in
\nand on the water, requires the control of point and
\nnonpoint sources of pollution to supplement existing controls
\nof pollution in more than one State, the Administrator
\nshall select such estuary and convene a management
\nconference.
\n(B) PRIORITY CONSIDERATION.\u2014The Administrator
\nshall give priority consideration under this section to Long
\nIsland Sound, New York and Connecticut; Narragansett
\nBay, Rhode Island; Buzzards Bay, Massachusetts; Massachusetts
\nBay, Massachusetts (including Cape Cod Bay and
\nBoston Harbor); 1 Puget Sound, Washington; New York-
\nNew Jersey Harbor, New York and New Jersey; Delaware
\nBay, Delaware and New Jersey; Delaware Inland Bays,
\nDelaware; Albermarle Sound, North Carolina; Sarasota
\nBay, Florida; San Francisco Bay, California; Santa Monica
\nBay, California; Galveston Bay, Texas; 2 Barataria-
\nTerrebonne Bay estuary complex, Louisiana; Indian River
\nLagoon, Florida; and Peconic Bay, New York.
\n(3) BOUNDARY DISPUTE EXCEPTION.\u2014In any case in which
\na boundary between two States passes through an estuary and
\nsuch boundary is disputed and is the subject of an action in
\nany court, the Administrator shall not convene a management
\nconference with respect to such estuary before a final adjudication
\nhas been made of such dispute.
\n(b) PURPOSES OF CONFERENCE.\u2014The purposes of any management
\nconference convened with respect to an estuary under this
\nsubsection shall be to\u2014
\n(1) assess trends in water quality, natural resources, and
\nuses of the estuary;
\n(2) collect, characterize, and assess data on toxics, nutrients,
\nand natural resources within the estuarine zone to identify
\nthe causes of environmental problems;
\n(3) develop the relationship between the inplace loads and
\npoint and nonpoint loadings of pollutants to the estuarine zone
\nand the potential uses of the zone, water quality, and natural
\nresources;
\n(4) develop a comprehensive conservation and management
\nplan that recommends priority corrective actions and compliance
\nschedules addressing point and nonpoint sources of pollution
\nto restore and maintain the chemical, physical, and bio-
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\nNovember 27, 2002
\nSec. 320 FEDERAL WATER POLLUTION CONTROL ACT 182
\nlogical integrity of the estuary, including restoration and maintenance
\nof water quality, a balanced indigenous population of
\nshellfish, fish and wildlife, and recreational activities in the estuary,
\nand assure that the designated uses of the estuary are
\nprotected;
\n(5) develop plans for the coordinated implementation of the
\nplan by the States as well as Federal and local agencies participating
\nin the conference;
\n(6) monitor the effectiveness of actions taken pursuant to
\nthe plan; and
\n(7) review all Federal financial assistance programs and
\nFederal development projects in accordance with the requirements
\nof Executive Order 12372, as in effect on September 17,
\n1983, to determine whether such assistance program or project
\nwould be consistent with and further the purposes and objectives
\nof the plan prepared under this section.
\nFor purposes of paragraph (7), such programs and projects shall
\nnot be limited to the assistance programs and development projects
\nsubject to Executive Order 12372, but may include any programs
\nlisted in the most recent Catalog of Federal Domestic Assistance
\nwhich may have an effect on the purposes and objectives of the
\nplan developed under this section.
\n(c) MEMBERS OF CONFERENCE.\u2014The members of a management
\nconference convened under this section shall include, at a
\nminimum, the Administrator and representatives of\u2014
\n(1) each State and foreign nation located in whole or in
\npart in the estuarine zone of the estuary for which the conference
\nis convened;
\n(2) international, interstate, or regional agencies or entities
\nhaving jurisdiction over all or a significant part of the estuary;
\n(3) each interested Federal agency, as determined appropriate
\nby the Administrator;
\n(4) local governments having jurisdiction over any land or
\nwater within the estuarine zone, as determined appropriate by
\nthe Administrator; and
\n(5) affected industries, public and private educational institutions,
\nand the general public, as determined appropriate by
\nthe Administrator.
\n(d) UTILIZATION OF EXISTING DATA.\u2014In developing a conservation
\nand management plan under this section, the management
\nconference shall survey and utilize existing reports, data, and studies
\nrelating to the estuary that have been developed by or made
\navailable to Federal, interstate, State, and local agencies.
\n(e) PERIOD OF CONFERENCE.\u2014A management conference convened
\nunder this section shall be convened for a period not to exceed
\n5 years. Such conference may be extended by the Administrator,
\nand if terminated after the initial period, may be reconvened
\nby the Administrator at any time thereafter, as may be necessary
\nto meet the requirements of this section.
\n(f) APPROVAL AND IMPLEMENTATION OF PLANS.\u2014
\n(1) APPROVAL.\u2014Not later than 120 days after the completion
\nof a conservation and management plan and after providing
\nfor public review and comment, the Administrator shall
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\n183 FEDERAL WATER POLLUTION CONTROL ACT Sec. 320
\napprove such plan if the plan meets the requirements of this
\nsection and the affected Governor or Governors concur.
\n(2) IMPLEMENTATION.\u2014Upon approval of a conservation
\nand management plan under this section, such plan shall be
\nimplemented. Funds authorized to be appropriated under titles
\nII and VI and section 319 of this Act may be used in accordance
\nwith the applicable requirements of this Act to assist
\nStates with the implementation of such plan.
\n(g) GRANTS.\u2014
\n(1) RECIPIENTS.\u2014The Administrator is authorized to make
\ngrants to State, interstate, and regional water pollution control
\nagencies and entities, State coastal zone management agencies,
\ninterstate agencies, other public or nonprofit private agencies,
\ninstitutions, organizations, and individuals.
\n(2) PURPOSES.\u2014Grants under this subsection shall be
\nmade to pay for assisting research, surveys, studies, and modeling
\nand other technical work necessary for the development
\nof a conservation and management plan under this section.
\n(3) FEDERAL SHARE.\u2014The amount of grants to any person
\n(including a State, interstate, or regional agency or entity)
\nunder this subsection for a fiscal year shall not exceed 75 percent
\nof the costs of such research, survey, studies, and work
\nand shall be made on condition that the non-Federal share of
\nsuch costs are provided from non-Federal sources.
\n(h) GRANT REPORTING.\u2014Any person (including a State, interstate,
\nor regional agency or entity) that receives a grant under subsection
\n(g) shall report to the Administrator not later than 18
\nmonths after receipt of such grants and biennially there after on
\nthe progress being made under this section.
\n(i) AUTHORIZATION OF APPROPRIATIONS.\u2014There are authorized
\nto be appropriated to the Administrator not to exceed $12,000,000
\nper fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and
\n1991 for\u2014
\n(1) expenses related to the administration of management
\nconferences under this section, not to exceed 10 percent of the
\namount appropriated under this subsection;
\n(2) making grants under subsection (g); and
\n(3) monitoring the implementation of a conservation and
\nmanagement plan by the management conference or by the Administrator,
\nin any case in which the conference has been terminated.
\nThe Administrator shall provide up to $5,000,000 per fiscal year of
\nthe sums authorized to be appropriated under this subsection to
\nthe Administrator of the National Oceanic and Atmospheric Administration
\nto carry out subsection (j).
\n(j) RESEARCH.\u2014
\n(1) PROGRAMS.\u2014In order to determine the need to convene
\na management conference under this section or at the request
\nof such a management conference, the Administrator shall coordinate
\nand implement, through the National Marine Pollution
\nProgram Office and the National Marine Fisheries Service
\nof the National Oceanic and Atmospheric Administration, as
\nappropriate, for one or more estuarine zones\u2014
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\nNovember 27, 2002
\nSec. 320 FEDERAL WATER POLLUTION CONTROL ACT 184
\n(A) a long-term program of trend assessment monitoring
\nmeasuring variations in pollutant concentrations,
\nmarine ecology, and other physical or biological environmental
\nparamenters which may affect estuarine zones, to
\nprovide the Administrator the capacity to determine the
\npotential and actual effects of alternative management
\nstrategies and measures;
\n(B) a program of ecosystem assessment assisting in
\nthe development of (i) baseline studies which determine
\nthe state of estuarine zones and the effects of natural and
\nanthropogenic changes, and (ii) predictive models capable
\nof translating information on specific discharges or general
\npollutant loadings within estuarine zones into a set of
\nprobable effects on such zones;
\n(C) a comprehensive water quality sampling program
\nfor the continuous monitoring of nutrients, chlorine, acid
\nprecipitation dissolved oxygen, and potentially toxic pollutants
\n(including organic chemicals and metals) in estuarine
\nzones, after consultation with interested State, local, interstate,
\nor international agencies and review and analysis of
\nall environmental sampling data presently collected from
\nestuarine zones; and
\n(D) a program of research to identify the movements
\nof nutrients, sediments and pollutants through estuarine
\nzones and the impact of nutrients, sediments, and pollutants
\non water quality, the ecosystem, and designated or
\npotential uses of the estuarine zones.
\n(2) REPORTS.\u2014The Administrator, in cooperation with the
\nAdministrator of the National Oceanic and Atmospheric Administration,
\nshall submit to the Congress no less often than
\nbiennially a comprehensive report on the activities authorized
\nunder this subsection including\u2014
\n(A) a listing of priority monitoring and research needs;
\n(B) an assessment of the state and health of the Nation\u2019s
\nestuarine zones, to the extent evaluated under this
\nsubsection;
\n(C) a discussion of pollution problems and trends in
\npollutant concentrations with a direct or indirect effect on
\nwater quality, the ecosystem, and designated or potential
\nuses of each estuarine zone, to the extent evaluated under
\nthis subsection; and
\n(D) an evaluation of pollution abatement activities and
\nmanagement measures so far implemented to determine
\nthe degree of improvement toward the objectives expressed
\nin subsection (b)(4) of this section.
\n(k) DEFINITIONS.\u2014For purposes of this section, the terms \u2018\u2018estuary\u2019\u2019
\nand \u2018\u2018estuarine zone\u2019\u2019 have the meanings such terms have in
\nsection 104(n)(3) of this Act, except that the term \u2018\u2018estuarine zone\u2019\u2019
\nshall also include associated aquatic ecosystems and those portions
\nof tributaries draining into the estuary up to the historic height of
\nmigration of anadromous fish or the historic head of tidal influence,
\nwhichever is higher.
\n(33 U.S.C. 1330)
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\nNovember 27, 2002
\n185 FEDERAL WATER POLLUTION CONTROL ACT Sec. 401
\nTITLE IV\u2014PERMITS AND LICENSES
\nCERTIFICATION
\nSEC. 401. (a)(1) Any applicant for a Federal license or permit
\nto conduct any activity including, but not limited to, the construction
\nor operation of facilities, which may result in any discharge
\ninto the navigable waters, shall provide the licensing or permitting
\nagency a certification from the State in which the discharge originates
\nor will originate, or, if appropriate, from the interstate water
\npollution control agency having jurisdiction over the navigable waters
\nat the point where the discharge originates or will originate,
\nthat any such discharge will comply with the applicable provisions
\nof sections 301, 302, 303, 306, and 307 of this Act. In the case of
\nany such activity for which there is not an applicable effluent limitation
\nor other limitation under sections 301(b) and 302, and there
\nis not an applicable standard under sections 306 and 307, the State
\nshall so certify, except that any such certification shall not be
\ndeemed to satisfy section 511(c) of this Act. Such State or interstate
\nagency shall establish procedures for public notice in the case
\nof all applications for certification by it and, to the extent it deems
\nappropriate, procedures for public hearings in connection with specific
\napplications. In any case where a State or interstate agency
\nhas no authority to give such a certification, such certification shall
\nbe from the Administrator. If the State, interstate agency, or Administrator,
\nas the case may be, fails or refuses to act on a request
\nfor certification, within a reasonable period of time (which shall not
\nexceed one year) after receipt of such request, the certification requirements
\nof this subsection shall be waived with respect to such
\nFederal application. No license or permit shall be granted until the
\ncertification required by this section has been obtained or has been
\nwaived as provided in the preceding sentence. No license or permit
\nshall be granted if certification has been denied by the State, interstate
\nagency, or the Administrator, as the case may be.
\n(2) Upon receipt of such application and certification the licensing
\nor permitting agency shall immediately notify the Administrator
\nof such application and certification. Whenever such a discharge
\nmay affect, as determined by the Administrator, the quality
\nof the waters of any other State, the Administrator within thirty
\ndays of the date of notice of application for such Federal license or
\npermit shall so notify such other State, the licensing or permitting
\nagency, and the applicant. If, within sixty days after receipt of such
\nnotification, such other State determines that such discharge will
\naffect the quality of its waters so as to violate any water quality
\nrequirement in such State, and within such sixty-day period notifies
\nthe Administrator and the licensing or permitting agency in
\nwriting of its objection to the issuance of such license or permit and
\nrequests a public hearing on such objection, the licensing or permitting
\nagency shall hold such a hearing. The Administrator shall at
\nsuch hearing submit his evaluation and recommendations with respect
\nto any such objection to the licensing or permitting agency.
\nSuch agency, based upon the recommendations of such State, the
\nAdministrator, and upon any additional evidence, if any, presented
\nto the agency at the hearing, shall condition such license or permit
\nin such manner as may be necessary to insure compliance with ap-
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\nNovember 27, 2002
\nSec. 401 FEDERAL WATER POLLUTION CONTROL ACT 186
\nplicable water quality requirements. If the imposition of conditions
\ncannot insure such compliance such agency shall not issue such license
\nor permit.
\n(3) The certification obtained pursuant to paragraph (1) of this
\nsubsection with respect to the construction of any facility shall fulfill
\nthe requirements of this subsection with respect to certification
\nin connection with any other Federal license or permit required for
\nthe operation of such facility unless, after notice to the certifying
\nState, agency, or Administrator, as the case may be, which shall be
\ngiven by the Federal agency to whom application is made for such
\noperating license or permit, the State, or if appropriate, the interstate
\nagency or the Administrator, notifies such agency within sixty
\ndays after receipt of such notice that there is no longer reasonable
\nassurance that there will be compliance with the applicable provisions
\nof sections 301, 302, 303, 306, and 307 of this Act because of
\nchanges since the construction license or permit certification was
\nissued in (A) the construction or operation of the facility, (B) the
\ncharacteristics of the waters into which such discharge is made, (C)
\nthe water quality criteria applicable to such waters or (D) applicable
\neffluent limitations or other requirements. This paragraph shall
\nbe inapplicable in any case where the applicant for such operating
\nlicense or permit has failed to provide the certifying State, or, if appropriate,
\nthe interstate agency or the Administrator, with notice
\nof any proposed changes in the construction or operation of the facility
\nwith respect to which a construction license or permit has
\nbeen granted, which changes may result in violation of section 301,
\n302, 303, 306, or 307 of this Act.
\n(4) Prior to the initial operation of any federally licensed or
\npermitted facility or activity which may result in any discharge
\ninto the navigable waters and with respect to which a certification
\nhas been obtained pursuant to paragraph (1) of this subsection,
\nwhich facility or activity is not subject to a Federal operating license
\nor permit, the licensee or permittee shall provide an opportunity
\nfor such certifying State, or, if appropriate, the interstate
\nagency or the Administrator to review the manner in which the facility
\nor activity shall be operated or conducted for the purposes of
\nassuring that applicable effluent limitations or other limitations or
\nother applicable water quality requirements will not be violated.
\nUpon notification by the certifying State, or if appropriate, the
\ninterstate agency or the Administrator that the operation of any
\nsuch federally licensed or permitted facility or activity will violate
\napplicable effluent limitations or other limitations or other water
\nquality requirements such Federal agency may, after public hearing,
\nsuspend such license or permit. If such license or permit is
\nsuspended, it shall remain suspended until notification is received
\nfrom the certifying State, agency, or Administrator, as the case
\nmay be, that there is reasonable assurance that such facility or activity
\nwill not violate the applicable provisions of section 301, 302,
\n303, 306, or 307 of this Act.
\n(5) Any Federal license or permit with respect to which a certification
\nhas been obtained under paragraph (1) of this subsection
\nmay be suspended or revoked by the Federal agency issuing such
\nlicense or permit upon the entering of a judgment under this Act
\nthat such facility or activity has been operated in violation of the
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\nNovember 27, 2002
\n187 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402
\napplicable provisions of section 301, 302, 303, 306, or 307 of this
\nAct.
\n(6) Except with respect to a permit issued under section 402
\nof this Act, in any case where actual construction of a facility has
\nbeen lawfully commenced prior to April 3, 1970, no certification
\nshall be required under this subsection for a license or permit
\nissued after April 3, 1970, to operate such facility, except that any
\nsuch license or permit issued without certification shall terminate
\nApril 3, 1973, unless prior to such termination date the person having
\nsuch license or permit submits to the Federal agency which
\nissued such license or permit a certification and otherwise meets
\nthe requirements of this section.
\n(b) Nothing in this section shall be construed to limit the authority
\nof any department or agency pursuant to any other provision
\nof law to require compliance with any applicable water quality
\nrequirements. The Administrator shall, upon the request of any
\nFederal department or agency, or State or interstate agency, or applicant,
\nprovide, for the purpose of this section, any relevant information
\non applicable effluent limitations, or other limitations,
\nstandards, regulations, or requirements, or water quality criteria,
\nand shall, when requested by any such department or agency or
\nState or interstate agency, or applicant, comment on any methods
\nto comply with such limitations, standards, regulations, requirements,
\nor criteria.
\n(c) In order to implement the provisions of this section, the
\nSecretary of the Army, acting throught the Chief of Engineers, is
\nauthorized, if he deems it to be in the public interest, to permit the
\nuse of spoil disposal areas under his jurisdiction by Federal licenses
\nor permittees, and to make an appropriate charge for such
\nuse. Moneys received from such licensees or permittees shall be deposited
\nin the Treasury as miscellaneous receipts.
\n(d) Any certification provided under this section shall set forth
\nany effluent limitations and other limitations, and monitoring requirements
\nnecessary to assure that any applicant for a Federal license
\nor permit will comply with any applicable effluent limitations
\nand other limitations, under section 301 or 302 of this Act, standard
\nof performance under section 306 of this Act, or prohibition, effluent
\nstandard, or pretreatment standard under section 307 of this
\nAct, and with any other appropriate requirement of State law set
\nforth in such certification, and shall become a condition on any
\nFederal license or permit subject to the provisions of this section.
\n(33 U.S.C. 1341)
\nNATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
\nSEC. 402. (a)(1) Except as provided in sections 318 and 404 of
\nthis Act, the Administrator may, after opportunity for public hearing,
\nissue a permit for the discharge of any pollutant, or combination
\nof pollutants, notwithstanding section 301(a), upon condition
\nthat such discharge will meet either (A) all applicable requirements
\nunder sections 301, 302, 306, 307, 308, and 403 of this Act, or (B)
\nprior to the taking of necessary implementing actions relating to all
\nsuch requirements, such conditions as the Administrator determines
\nare necessary to carry out the provisions of this Act.
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\nNovember 27, 2002
\nSec. 402 FEDERAL WATER POLLUTION CONTROL ACT 188
\n(2) The Administrator shall prescribe conditions for such permits
\nto assure compliance with the requirements of paragraph (1)
\nof this subsection, including conditions on data and information collection,
\nreporting, and such other requirements as he deems appropriate.
\n(3) The permit program of the Administrator under paragraph
\n(1) of this subsection, and permits issued thereunder, shall be subject
\nto the same terms, conditions, and requirements as apply to a
\nState permit program and permits issued thereunder under subsection
\n(b) of this section.
\n(4) All permits for discharges into the navigable waters issued
\npursuant to section 13 of the Act of March 3, 1899, shall be deemed
\nto be permits issued under this title, and permits issued under this
\ntitle shall be deemed to be permits issued under section 13 of the
\nAct of March 3, 1899, and shall continue in force and effect for
\ntheir term unless revoked, modified, or suspended in accordance
\nwith the provisions of this Act.
\n(5) No permit for a discharge into the navigable waters shall
\nbe issued under section 13 of the Act of March 3, 1899, after the
\ndate of enactment of this title. Each application for a permit under
\nsection 13 of the Act of March 3, 1899, pending on the date of enactment
\nof this Act shall be deemed to be an application for a permit
\nunder this section. The Administrator shall authorize a State,
\nwhich he determines has the capability of administering a permit
\nprogram which will carry out the objective of this Act, to issue permits
\nfor discharges into the navigable waters within the jurisdiction
\nof such State. The Administrator may exercise the authority
\ngranted him by the preceding sentence only during the period
\nwhich begins on the date of enactment of this Act and ends either
\non the ninetieth day after the date of the first promulgation of
\nguidelines required by section 304(h)(2) of this Act, or the date of
\napproval by the Administrator of a permit program for such State
\nunder subsection (b) of this section, whichever date first occurs,
\nand no such authorization to a State shall extend beyond the last
\nday of such period. Each such permit shall be subject to such conditions
\nas the Administrator determines are necessary to carry out
\nthe provisions of this Act. No such permit shall issue if the Administrator
\nobjects to such issuance.
\n(b) At any time after the promulgation of the guidelines required
\nby subsection (h)(2) of section 304 of this Act, the Governor
\nof each State desiring to administer its own permit program for
\ndischarges into navigable waters within its jurisdiction may submit
\nto the Administrator a full and complete discription of the program
\nit proposes to establish and administer under State law or under
\nan interstate compact. In addition, such State shall submit a statement
\nfrom the attorney general (or the attorney for those State
\nwater pollution control agencies which have independent legal
\ncounsel), or from the chief legal officer in the case of an interstate
\nagency, that the laws of such State, or the interstate compact, as
\nthe case may be, provide adequate authority to carry out the described
\nprogram. The Administrator shall approve each such submitted
\nprogram unless he determines that adequate authority does
\nnot exist:
\n(1) To issue permits which\u2014
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\nNovember 27, 2002
\n189 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402
\n(A) apply, and insure compliance with, any applicable requirements
\nof sections 301, 302, 306, 307, and 403;
\n(B) are for fixed terms not exceeding five years; and
\n(C) can be terminated or modified for cause including, but
\nnot limited to, the following:
\n(i) violation of any condition of the permit;
\n(ii) obtaining a permit by misrepresentation, or failure
\nto disclose fully all relevant facts;
\n(iii) change in any condition that requires either a
\ntemporary or permanent reduction or elimination of the
\npermitted discharge;
\n(D) control the disposal of pollutants into wells;
\n(2)(A) To issue permits which apply, and insure compliance
\nwith, all applicable requirements of section 308 of this Act, or
\n(B) To inspect, monitor, enter, and require reports to at least
\nthe same extent as required in section 308 of this Act;
\n(3) To insure that the public, and any other State the waters
\nof which may be affected, receive notice of each application for a
\npermit and to provide an opportunity for public hearing before a
\nruling on each such application;
\n(4) To insure that the Administrator receives notice of each application
\n(including a copy thereof) for a permit;
\n(5) To insure that any State (other than the permitting State),
\nwhose waters may be affected by the issuance of a permit may submit
\nwritten recommendations to the permitting State (and the Administrator)
\nwith respect to any permit application and, if any part
\nof such written recommendations are not accepted by the permitting
\nState, that the permitting State will notify such affected State
\n(and the Administrator) in writing of its failure to so accept such
\nrecommendations together with its reasons for so doing;
\n(6) To insure that no permit will be issued if, in the judgment
\nof the Secretary of the Army acting through the Chief of Engineers,
\nafter consultation with the Secretary of the department in which
\nthe Coast Guard is operating, anchorage and navigation of any of
\nthe navigable waters would be substantially impaired thereby;
\n(7) To abate violations of the permit or the permit program, including
\ncivil and criminal penalties and other ways and means of
\nenforcement;
\n(8) To insure that any permit for a discharge from a publicly
\nowned treatment works includes conditions to require the identification
\nin terms of character and volume of pollutants of any significant
\nsource introducing pollutants subject to pretreatment
\nstandards under section 307(b) of this Act into such works and a
\nprogram to assure compliance with such pretreatment standards by
\neach such source, in addition to adequate notice to the permitting
\nagency of (A) new introductions into such works of pollutants from
\nany source which would be a new source as defined in section 306
\nif such source were discharging pollutants, (B) new introductions of
\npollutants into such works from a source which would be subject
\nto section 301 if it were discharging such pollutants, or (C) a substantial
\nchange in volume or character of pollutants being introduced
\ninto such works by a source introducing pollutants into such
\nworks at the time of issuance of the permit. Such notice shall include
\ninformation on the quality and quantity of effluent to be in-
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\nSec. 402 FEDERAL WATER POLLUTION CONTROL ACT 190
\ntroduced into such treatment works and any anticipated impact of
\nsuch change in the quantity or quality of effluent to be discharged
\nfrom such publicly owned treatment works; and
\n(9) To insure that any industrial user of any publicly owned
\ntreatment works will comply with sections 204(b), 307, and 308.
\n(c)(1) Not later than ninety days after the date on which a
\nState has submitted a program (or revision thereof) pursuant to
\nsubsection (b) of this section, the Administrator shall suspend the
\nissuance of permits under subsection (a) of this section as to those
\ndischarges subject to such program unless he determines that the
\nState permit program does not meet the requirements of subsection
\n(b) of this section or does not conform to the guidelines issued
\nunder section 304(i)(2) of this Act. If the Administrator so determines,
\nhe shall notify the State or any revisons or modifications
\nnecessary to conform to such requirements or guidelines.
\n(2) Any State permit program under this section shall at all
\ntimes be in accordance with this section and guidelines promulgated
\npursuant to section 304(h)(2) of this Act.
\n(3) Whenever the Administrator determines after public hearing
\nthat a State is not administering a program approved under
\nthis section in accordance with requirements of this section, he
\nshall so notify the State and, if appropriate corrective action is not
\ntaken within a reasonable time, not to exceed ninety days, the Administrator
\nshall withdraw approval of such program. The Administrator
\nshall not withdraw approval of any such program unless he
\nshall first have notified the State, and made public, in writing, the
\nreasons for such withdrawal.
\n(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND
\nWITHDRAWALS.\u2014A State may return to the Administrator administration,
\nand the Administrator may withdraw under
\nparagraph (3) of this subsection approval, of\u2014
\n(A) a State partial permit program approved under
\nsubsection (n)(3) only if the entire permit program being
\nadministered by the State department or agency at the
\ntime is returned or withdrawn; and
\n(B) a State partial permit program approved under
\nsubsection (n)(4) only if an entire phased component of the
\npermit program being administered by the State at the
\ntime is returned or withdrawn.
\n(d)(1) Each State shall transmit to the Administrator a copy of
\neach permit application received by such State and provide notice
\nto the Administrator of every action related to the consideration of
\nsuch permit application, including each permit proposed to be
\nissued by such State.
\n(2) No permit shall issue (A) if the Administrator within ninety
\ndays of the date of his notification under subsection (b)(5) of this
\nsection objects in writing to the issuance of such permit, or (B) if
\nthe Administrator within ninety days of the date of transmittal of
\nthe proposed permit by the State objects in writing to the issuance
\nof such permit as being outside the guidelines and requirements of
\nthis Act. Whenever the Administrator objects to the issuance of a
\npermit under this paragraph such written objection shall contain a
\nstatement of the reasons for such objection and the effluent limita-
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\n191 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402
\ntions and conditions which such permit would include if it were
\nissued by the Administrator.
\n(3) The Administrator may, as to any permit application, waive
\nparagraph (2) of this subsection.
\n(4) In any case where, after the date of enactment of this paragraph,
\nthe Administrator, pursuant to paragraph (2) of this subsection,
\nobjects to the issuance of a permit, on request of the State,
\na public hearing shall be held by the Administrator on such objection.
\nIf the State does not resubmit such permit revised to meet
\nsuch objection within 30 days after completion of the hearing, or,
\nif no hearing is requested within 90 days after the date of such objection,
\nthe Administrator may issue the permit pursuant to subsection
\n(a) of this section for such source in accordance with the
\nguidelines and requirements of this Act.
\n(e) In accordance with guidelines promulgated pursuant to subsection
\n(h)(2) of section 304 of this Act, the Administrator is authorized
\nto waive the requirements of subsection (d) of this section
\nat the time he approves a program pursuant to subsection (b) of
\nthis section for any category (including any class, type, or size
\nwithin such category) of point sources within the State submitting
\nsuch program.
\n(f) The Administrator shall promulgate regulations establishing
\ncategories of point sources which he determines shall not be
\nsubject to the requirements of subsection (d) of this section in any
\nState with a program approved pursuant to subsection (b) of this
\nsection. The Administrator may distinguish among classes, types,
\nand sizes within any category of point sources.
\n(g) Any permit issued under this section for the discharge of
\npollutants into the navigable waters from a vessel or other floating
\ncraft shall be subject to any applicable regulations promulgated by
\nthe Secretary of the Department in which the Coast Guard is operating,
\nestablishing specifications for safe transportation, handling,
\ncarriage, storage, and stowage of pollutants.
\n(h) In the event any condition of a permit for discharges from
\na treatment works (as defined in section 212 of this Act) which is
\npublicly owned is violated, a State with a program approved under
\nsubsection (b) of this section or the Administrator, where no State
\nprogram is approved or where the Administrator determines pursuant
\nto section 309(a) of this Act that a State with an approved program
\nhas not commenced appropriate enforcement action with respect
\nto such permit, may proceed in a court of competent jurisdiction
\nto restrict or prohibit the introduction of any pollutant into
\nsuch treatment works by a source not utilizing such treatment
\nworks prior to the finding that such condition was violated.
\n(i) Nothing in this section shall be construed to limit the authority
\nof the Administrator to take action pursuant to section 309
\nof this Act.
\n(j) A copy of each permit application and each permit issued
\nunder this section shall be available to the public. Such permit application
\nor permit, or portion thereof, shall further be available on
\nrequest for the purpose of reproduction.
\n(k) Compliance with a permit issued pursuant to this section
\nshall be deemed compliance, for purposes of sections 309 and 505,
\nwith sections 301, 302, 306, 307, and 403, except any standard im-
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\nSec. 402 FEDERAL WATER POLLUTION CONTROL ACT 192
\nposed under section 307 for a toxic pollutant injurious to human
\nhealth. Until December 31, 1974, in any case where a permit for
\ndischarge has been applied for pursuant to this section, but final
\nadministrative disposition of such application has not been made,
\nsuch discharge shall not be a violation of (1) section 301, 306, or
\n402 of this Act, or (2) section 13 of the Act of March 3, 1899, unless
\nthe Administrator or other plaintiff proves that final administrative
\ndisposition of such application has not been made because of
\nthe failure of the applicant to furnish information reasonably required
\nor requested in order to process the application. For the
\n180-day period beginning on the date of enactment of the Federal
\nWater Pollution Control Act Amendments of 1972, in the case of
\nany point source discharging any pollutant or combination of pollutants
\nimmediately prior to such date of enactment which source
\nis not subject to section 13 of the Act of March 3, 1899, the discharge
\nby such source shall not be a violation of this Act if such
\na source applies for a permit for discharge pursuant to this section
\nwithin such 180-day period.
\n(l) LIMITATION ON PERMIT REQUIREMENT.\u2014
\n(1) AGRICULTURAL RETURN FLOWS.\u2014The Administrator
\nshall not require a permit under this section for discharges
\ncomposed entirely of return flows from irrigated agriculture,
\nnor shall the Administrator directly or indirectly, require any
\nState to require such a permit.
\n(2) STORMWATER RUNOFF FROM OIL, GAS, AND MINING OPERATIONS.\u2014
\nThe Administrator shall not require a permit under
\nthis section, nor shall the Administrator directly or indirectly
\nrequire any State to require a permit, for discharges of
\nstormwater runoff from mining operations or oil and gas exploration,
\nproduction, processing, or treatment operations or
\ntransmission facilities, composed entirely of flows which are
\nfrom conveyances or systems of conveyances (including but not
\nlimited to pipes, conduits, ditches, and channels) used for collecting
\nand conveying precipitation runoff and which are not
\ncontaminated by contact with, or do not come into contact with,
\nany overburden, raw material, intermediate products, finished
\nproduct, byproduct, or waste products located on the site of
\nsuch operations.
\n(m) ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS
\nNOT REQUIRED.\u2014To the extent a treatment works (as defined
\nin section 212 of this Act) which is publicly owned is not meeting
\nthe requirements of a permit issued under this section for such
\ntreatment works as a result of inadequate design or operation of
\nsuch treatment works, the Administrator, in issuing a permit
\nunder this section, shall not require pretreatment by a person introducing
\nconventional pollutants identified pursuant to a section
\n304(a)(4) of this Act into such treatment works other than
\npretreatment required to assure compliance with pretreatment
\nstandards under subsection (b)(8) of this section and section
\n307(b)(1) of this Act. Nothing in this subsection shall affect the Administrator\u2019s
\nauthority under sections 307 and 309 of this Act, affect
\nState and local authority under sections 307(b)(4) and 510 of
\nthis Act, relieve such treatment works of its obligations to meet requirements
\nestablished under this Act, or otherwise preclude such
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\nNovember 27, 2002
\n193 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402
\nworks from pursuing whatever feasible options are available to
\nmeet its responsibility to comply with its permit under this section.
\n(n) PARTIAL PERMIT PROGRAM.\u2014
\n(1) STATE SUBMISSION.\u2014The Governor of a State may submit
\nunder subsection (b) of this section a permit program for
\na portion of the discharges into the navigable waters in such
\nState.
\n(2) MINIMUM COVERAGE.\u2014A partial permit program under
\nthis subsection shall cover, at a minimum, administration of a
\nmajor category of the discharges into the navigable waters of
\nthe State or a major component of the permit program required
\nby subsection (b).
\n(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PROGRAMS.\u2014
\nThe Administrator may approve a partial permit program
\ncovering administration of a major category of discharges
\nunder this subsection if\u2014
\n(A) such program represents a complete permit program
\nand covers all of the discharges under the jurisdiction
\nof a department or agency of the State; and
\n(B) the Administrator determines that the partial program
\nrepresents a significant and identifiable part of the
\nState program required by subsection (b).
\n(4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT PROGRAMS.\u2014
\nThe Administrator may approve under this subsection
\na partial and phased permit program covering administration
\nof a major component (including discharge categories) of a
\nState permit program required by subsection (b) if\u2014
\n(A) the Administrator determines that the partial program
\nrepresents a significant and identifiable part of the
\nState program required by subsection (b); and
\n(B) the State submits, and the Administrator approves,
\na plan for the State to assume administration by
\nphases of the remainder of the State program required by
\nsubsection (b) by a specified date not more than 5 years
\nafter submission of the partial program under this subsection
\nand agrees to make all reasonable efforts to assume
\nsuch administration by such date.
\n(o) ANTI-BACKSLIDING.\u2014
\n(1) GENERAL PROHIBITION.\u2014In the case of effluent limitations
\nestablished on the basis of subsection (a)(1)(B) of this section,
\na permit may not be renewed, reissued, or modified on
\nthe basis of effluent guidelines promulgated under section
\n304(b) subsequent to the original issuance of such permit, to
\ncontain effluent limitations which are less stringent than the
\ncomparable effluent limitations in the previous permit. In the
\ncase of effluent limitations established on the basis of section
\n301(b)(1)(C) or section 303(d) or (e), a permit may not be renewed,
\nreissued, or modified to contain effluent limitations
\nwhich are less stringent than the comparable effluent limitations
\nin the previous permit except in compliance with section
\n303(d)(4).
\n(2) EXCEPTIONS.\u2014A permit with respect to which paragraph
\n(1) applies may be renewed, reissued, or modified to con-
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\nNovember 27, 2002
\nSec. 402 FEDERAL WATER POLLUTION CONTROL ACT 194
\ntain a less stringent effluent limitation applicable to a pollutant
\nif\u2014
\n(A) material and substantial alterations or additions to
\nthe permitted facility occurred after permit issuance which
\njustify the application of a less stringent effluent limitation;
\n(B)(i) information is available which was not available
\nat the time of permit issuance (other than revised regulations,
\nguidance, or test methods) and which would have
\njustified the application of a less stringent effluent limitation
\nat the time of permit issuance; or
\n(ii) the Administrator determines that technical mistakes
\nor mistaken interpretations of law were made in
\nissuing the permit under subsection (a)(1)(B);
\n(C) a less stringent effluent limitation is necessary because
\nof events over which the permittee has no control
\nand for which there is no reasonably available remedy;
\n(D) the permittee has received a permit modification
\nunder section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n),
\nor 316(a); or
\n(E) the permittee has installed the treatment facilities
\nrequired to meet the effluent limitations in the previous
\npermit and has properly operated and maintained the facilities
\nbut has nevertheless been unable to achieve the
\nprevious effluent limitations, in which case the limitations
\nin the reviewed, reissued, or modified permit may reflect
\nthe level of pollutant control actually achieved (but shall
\nnot be less stringent than required by effluent guidelines
\nin effect at the time of permit renewal, reissuance, or
\nmodification).
\nSubparagraph (B) shall not apply to any revised waste load allocations
\nor any alternative grounds for translating water quality
\nstandards into effluent limitations, except where the cumulative
\neffect of such revised allocations results in a decrease in
\nthe amount of pollutants discharged into the concerned waters,
\nand such revised allocations are not the result of a discharger
\neliminating or substantially reducing its discharge of pollutants
\ndue to complying with the requirements of this Act or for
\nreasons otherwise unrelated to water quality.
\n(3) LIMITATIONS.\u2014In no event may a permit with respect
\nto which paragraph (1) applies be renewed, reissued, or modified
\nto contain an effluent limitation which is less stringent
\nthan required by effluent guidelines in effect at the time the
\npermit is renewed, reissued, or modified. In no event may such
\na permit to discharge into waters be renewed, reissued, or
\nmodified to contain a less stringent effluent limitation if the
\nimplementation of such limitation would result in a violation
\nof a water quality standard under section 303 applicable to
\nsuch waters.
\n(p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.\u2014
\n(1) GENERAL RULE.\u2014Prior to October 1, 1994, the Administrator
\nor the State (in the case of a permit program approved
\nunder section 402 of this Act) shall not require a permit under
\nthis section for discharges composed entirely of stormwater.
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\nNovember 27, 2002
\n195 FEDERAL WATER POLLUTION CONTROL ACT Sec. 402
\n(2) EXCEPTIONS.\u2014Paragraph (1) shall not.<\/p>\n
\nto the following stormwater discharges:
\n(A) A discharge with respect to which a permit has
\nbeen issued under this section before the date of the enactment
\nof this subsection.
\n(B) A discharge associated with industrial activity.
\n(C) A discharge from a municipal separate storm
\nsewer system serving a population of 250,000 or more.
\n(D) A discharge from a municipal separate storm
\nsewer system serving a population of 100,000 or more but
\nless than 250,000.
\n(E) A discharge for which the Administrator or the
\nState, as the case may be, determines that the stormwater
\ndischarge contributes to a violation of a water quality
\nstandard or is a significant contributor of pollutants to waters
\nof the United States.
\n(3) PERMIT REQUIREMENTS.\u2014
\n(A) INDUSTRIAL DISCHARGES.\u2014Permits for discharges
\nassociated with industrial activity shall meet all applicable
\nprovisions of this section and section 301.
\n(B) MUNICIPAL DISCHARGE.\u2014Permits for discharges
\nfrom municipal storm sewers\u2014
\n(i) may be issued on a system- or jurisdiction-wide
\nbasis;
\n(ii) shall include a requirement to effectively prohibit
\nnon-stormwater discharges into the storm sewers;
\nand
\n(iii) shall require controls to reduce the discharge
\nof pollutants to the maximum extent practicable, including
\nmanagement practices, control techniques and
\nsystem, design and engineering methods, and such
\nother provisions as the Administrator or the State determines
\nappropriate for the control of such pollutants.
\n(4) PERMIT APPLICATION REQUIREMENTS.\u2014
\n(A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGES.\u2014
\nNot later than 2 years after the date of the enactment of
\nthis subsection, the Administrator shall establish regulations
\nsetting forth the permit application requirements for
\nstormwater discharges described in paragraphs (2)(B) and
\n(2)(C). Applications for permits for such discharges shall be
\nfiled no later than 3 years after such date of enactment.
\nNot later than 4 year after such date of enactment the Administrator
\nor the State, as the case may be, shall issue
\nor deny each such permit. Any such permit shall provide
\nfor compliance as expeditiously as practicable, but in no
\nevent later than 3 years after the date of issuance of such
\npermit.
\n(B) OTHER MUNICIPAL DISCHARGES.\u2014Not later than 4
\nyears after the date of the enactment of this subsection,
\nthe Administrator shall establish regulations setting forth
\nthe permit application requirements for stormwater discharges
\ndescribed in paragraph (2)(D). Applications for
\npermits for such discharges shall be filed no later than 5
\nyears after such date of enactment. Not later than 6 years
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\nNovember 27, 2002
\nSec. 402 FEDERAL WATER POLLUTION CONTROL ACT 196
\nafter such date of enactment, the Administrator or the
\nState, as the case may be, shall issue or deny each such
\npermit. Any such permit shall provide for compliance as
\nexpeditiously as practicable, but in no event later than 3
\nyears after the date of issuance of such permit.
\n(5) STUDIES.\u2014The Administrator, in consultation with the
\nStates, shall conduct a study for the purposes of\u2014
\n(A) identifying those stormwater discharges or classes
\nof stormwater discharges for which permits are not required
\npursuant to paragraphs (1) and (2) of this subsection;
\n(B) determining, to the maximum extent practicable,
\nthe nature and extent of pollutants in such discharges; and
\n(C) establishing procedures and methods to control
\nstormwater discharges to the extent necessary to mitigate
\nimpacts on water quality.
\nNot later than October 1, 1988, the Administrator shall submit
\nto Congress a report on the results of the study described in
\nsubparagraphs (A) and (B). Not later than October 1, 1989, the
\nAdministrator shall submit to Congress a report on the results
\nof the study described in subparagraph (C).
\n(6) REGULATIONS.\u2014Not later than October 1, 1993, the Administrator,
\nin consultation with State and local officials, shall
\nissue regulations (based on the results of the studies conducted
\nunder paragraph (5)) which designate stormwater discharges,
\nother than those discharges described in paragraph (2), to be
\nregulated to protect water quality and shall establish a comprehensive
\nprogram to regulate such designated sources. The
\nprogram shall, at a minimum, (A) establish priorities, (B) establish
\nrequirements for State stormwater management programs,
\nand (C) establish expeditious deadlines. The program
\nmay include performance standards, guidelines, guidance, and
\nmanagement practices and treatment requirements, as appropriate.
\n(q) COMBINED SEWER OVERFLOWS.\u2014
\n(1) REQUIREMENT FOR PERMITS, ORDERS, AND DECREES.\u2014
\nEach permit, order, or decree issued pursuant to this Act after
\nthe date of enactment of this subsection for a discharge from
\na municipal combined storm and sanitary sewer shall conform
\nto the Combined Sewer Overflow Control Policy signed by the
\nAdministrator on April 11, 1994 (in this subsection referred to
\nas the \u2018\u2018CSO control policy\u2019\u2019).
\n(2) WATER QUALITY AND DESIGNATED USE REVIEW GUIDANCE.\u2014
\nNot later than July 31, 2001, and after providing notice
\nand opportunity for public comment, the Administrator shall
\nissue guidance to facilitate the conduct of water quality and
\ndesignated use reviews for municipal combined sewer overflow
\nreceiving waters.
\n(3) REPORT.\u2014Not later than September 1, 2001, the Administrator
\nshall transmit to Congress a report on the progress
\nmade by the Environmental Protection Agency, States, and
\nmunicipalities in implementing and enforcing the CSO control
\npolicy.
\n(33 U.S.C. 1342)
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\nNovember 27, 2002
\n197 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404
\nOCEAN DISCHARGE CRITERIA
\nSEC. 403. (a) No permit under section 402 of this Act for a discharge
\ninto the territorial sea, the waters of the contiguous zone,
\nor the oceans shall be issued, after promulgation of guidelines established
\nunder subsection (c) of this section, except in compliance
\nwith such guidelines. Prior to the promulgation of such guidelines,
\na permit may be issued under such section 402 if the Administrator
\ndetermines it to be in the public interest.
\n(b) The requirements of subsection (d) of section 402 of this Act
\nmay not be waived in the case of permits for discharges into the
\nterritorial sea.
\n(c)(1) The Administrator shall, within one hundred and eighty
\ndays after enactment of this Act (and from time to time thereafter),
\npromulgate guidelines for determining the degradation of the waters
\nof the territorial seas, the contiguous zone, and the oceans,
\nwhich shall include:
\n(A) the effect of disposal of pollutants on human health or
\nwelfare, including but not limited to plankton, fish, shellfish,
\nwildlife, shorelines, and beaches;
\n(B) the effect of disposal of pollutants on marine life including
\nthe transfer, concentration, and dispersal of pollutants
\nor their byproducts through biological, physical, and chemical
\nprocesses; changes in marine ecosystem diversity, productivity,
\nand stability; and species and community population changes;
\n(C) the effect of disposal, of pollutants on esthetic, recreation,
\nand economic values;
\n(D) the persistence and permanence of the effects of disposal
\nof pollutants;
\n(E) the effect of the disposal at varying rates, of particular
\nvolumes and concentrations of pollutants;
\n(F) other possible locations and methods of disposal or recycling
\nof pollutants including land-based alternatives; and
\n(G) the effect on alternate uses of the oceans, such as mineral
\nexploitation and scientific study.
\n(2) In any event where insufficient information exists on any
\nproposed discharge to make a reasonable judgment on any of the
\nguidelines established pursuant to this subsection no permit shall
\nbe issued under section 402 of this Act.
\n(33 U.S.C. 1343)
\nPERMITS FOR DREDGED OR FILL MATERIAL
\nSEC. 404. (a) The Secretary may issue permits, after notice and
\nopportunity for public hearings for the discharge of dredged or fill
\nmaterial into the navigable waters at specified disposal sites. Not
\nlater than the fifteenth day after the date an applicant submits all
\nthe information required to complete an application for a permit
\nunder this subsection, the Secretary shall publish the notice required
\nby this subsection.
\n(b) Subject to subsection (c) of this section, each such disposal
\nsite shall be specified for each such permit by the Secretary (1)
\nthrough the application of guidelines developed by the Administrator,
\nin conjunction with the Secretary which guidelines shall be
\nbased upon criteria comparable to the criteria applicable to the ter-
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\nNovember 27, 2002
\nSec. 404 FEDERAL WATER POLLUTION CONTROL ACT 198
\nritorial seas, the contiguous zone, and the ocean under section
\n403(c), and (2) in any case where such guidelines under clause (1)
\nalone would prohibit the specification of a site, through the application
\nadditionally of the economic impact of the site on navigation
\nand anchorage.
\n(c) The Administrator is authorized to prohibit the specification
\n(including the withdrawal of specification) of any defined area as
\na disposal site, and he is authorized to deny or restrict the use of
\nany defined area for specification (including the withdrawal of specification)
\nas a disposal site, whenever he determines, after notice
\nand opportunity for public hearings, that the discharge of such materials
\ninto such area will have an unacceptable adverse effect on
\nmunicipal water supplies, shellfish beds and fishery areas (including
\nspawning and breeding areas), wildlife, or recreational areas.
\nBefore making such determination, the Administrator shall consult
\nwith the Secretary. The Administrator shall set forth in writing
\nand make public his findings and his reasons for making any determination
\nunder this subsection.
\n(d) The term \u2018\u2018Secretary\u2019\u2019 as used in this section means the Secretary
\nof the Army, acting through the Chief of Engineers.
\n(e)(1) In carrying out his functions relating to the discharge of
\ndredged or fill material under this section, the Secretary may, after
\nnotice and opportunity for public hearing, issue general permits on
\na State, regional, or nationwide basis for any category of activities
\ninvolving discharges of dredged or fill material if the Secretary determines
\nthat the activities in such category are similar in nature,
\nwill cause only minimal adverse environmental effects when performed
\nseparately, and will have only minimal cumulative adverse
\neffect on the environment. Any general permit issued under this
\nsubsection shall (A) be based on the guidelines described in subsection
\n(b)(1) of this section, and (B) set forth the requirements and
\nstandards which shall apply to any activity authorized by such general
\npermit.
\n(2) No general permit issued under this subsection shall be for
\na period of more than five years after the date of its issuance and
\nsuch general permit may be revoked or modified by the Secretary
\nif, after opportunity for public hearing, the Secretary determines
\nthat the activities authorized by such general permit have an adverse
\nimpact on the environment or such activities are more appropriately
\nauthorized by individual permits.
\n(f)(1) Except as provided in paragraph (2) of this subsection,
\nthe discharge of dredge or fill material\u2014
\n(A) from normal farming, silviculture, and ranching activities
\nsuch as plowing, seeding, cultivating, minor drainage, harvesting
\nfor the production of food, fiber, and forest products, or
\nupland soil and water conservation practices;
\n(B) for the purpose of maintenance, including emergency
\nreconstruction of recently damaged parts, of currently serviceable
\nstructures such as dikes, dams, levees, groins, riprap,
\nbreakwaters, causeways, and bridge abutments or approaches,
\nand transportation structures;
\n(C) for the purpose of construction or maintenance of farm
\nor stock ponds or irrigation ditches, or the maintenance of
\ndrainage ditches;
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\n199 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404
\n(D) for the purpose of construction of temporary sedimentation
\nbasins on a construction site which does not include
\nplacement of fill material into the navigable waters;
\n(E) for the purpose of construction or maintenance of farm
\nroads or forest roads, or temporary roads for moving mining
\nequipment, where such roads are constructed and maintained,
\nin accordance with best management practices, to assure that
\nflow and circulation patterns and chemical and biological characteristics
\nof the navigable waters are not impaired, that the
\nreach of the navigable waters is not reduced, and that any adverse
\neffect on the aquatic environment will be otherwise minimized;
\n(F) resulting from any activity with respect to which a
\nState has an approved program under section 208(b)(4) which
\nmeets the requirements of subparagraphs (B) and (C) of such
\nsection,
\nis not prohibited by or otherwise subject to regulation under this
\nsection or section 301(a) or 402 of this Act (except for effluent
\nstandards or prohibitions under section 307).
\n(2) Any discharge of dredged or fill material into the navigable
\nwaters incidental to any activity having as its purpose bringing an
\narea of the navigable waters into a use to which it was not previously
\nsubject, where the flow or circulation of navigable waters
\nmay be impaired or the reach of such waters be reduced, shall be
\nrequired to have a permit under this section.
\n(g)(1) The Governor of any State desiring to administer its own
\nindividual and general permit program for the discharge of dredged
\nor fill material into the navigable waters (other than those waters
\nwhich are presently used, or are susceptible to use in their natural
\ncondition or by reasonable improvement as a means to transport
\ninterstate or foreign commerce shoreward to their ordinary high
\nwater mark, including all waters which are subject to the ebb and
\nflow of the tide shoreward to their mean high water mark, or mean
\nhigher high water mark on the west coast, including wetlands adjacent
\nthereto), within its jurisdiction may submit to the Administrator
\na full and complete description of the program it proposes to
\nestablish and administer under State law or under an interstate
\ncompact. In addition, such State shall submit a statement from the
\nattorney general (or the attorney for those State agencies which
\nhave independent legal counsel), or from the chief legal officer in
\nthe case of an interstate agency, that the laws of such State, or the
\ninterstate compact, as the case may be, provide adequate authority
\nto carry out the described program.
\n(2) Not later than the tenth day after the date of the receipt
\nof the program, and statement submitted by any State under paragraph
\n(1) of this subsection, the Administrator shall provide copies
\nof such program and statement to the Secretary and the Secretary
\nof the Interior, acting through the Director of the United States
\nFish and Wildlife Service.
\n(3) Not later than the ninetieth day after the date of the receipt
\nby the Administrator of the program and statement submitted
\nby any State, under paragraph (1) of this subsection, the Secretary
\nand the Secretary of the Interior, acting through the Director of the
\nUnited States Fish and Wildlife Service, shall submit any com-
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\nNovember 27, 2002
\nSec. 404 FEDERAL WATER POLLUTION CONTROL ACT 200
\nments with respect to such program and statement to the Administrator
\nin writing.
\n(h)(1) Not later than the one-hundred-twentieth day after the
\ndate of the receipt by the Administrator of a program and statement
\nsubmitted by any State under paragraph (1) of this subsection,
\nthe Administrator shall determine, taking into account any
\ncomments submitted by the Secretary and the Secretary of the Interior,
\nacting through the Director of the United States Fish and
\nWildlife Service, pursuant to subsection (g) of this section, whether
\nsuch State has the following authority with respect to the issuance
\nof permits pursuant to such program:
\n(A) To issue permits which\u2014
\n(i) apply, and assure compliance with, any applicable
\nrequirements of this section, including, but not limited to,
\nthe guidelines established under subsection (b)(1) of this
\nsection, and sections 307 and 403 of this Act;
\n(ii) are for fixed terms not exceeding five years; and
\n(iii) can be terminated or modified for cause including,
\nbut not limited to, the following:
\n(I) violation of any condition of the permit;
\n(II) obtaining a permit by misrepresentation, or
\nfailure to disclose fully all relevant facts;
\n(III) change in any condition that requires either
\na temporary or permanent reduction or elimination of
\nthe permitted discharge.
\n(B) To issue permits which apply, and assure compliance
\nwith, all applicable requirements of section 308 of this Act, or
\nto inspect, monitor, enter, and requrie reports to at least the
\nsame extent as required in section 308 of this Act.
\n(C) To assure that the public, and any other State the waters
\nof which may be affected, receive notice of each application
\nfor a permit and to provide an opportunity for public hearing
\nbefore a ruling on each such application.
\n(D) To assure that the Administrator receives notice of
\neach application (including a copy thereof) for a permit.
\n(E) To assure that any State (other than the permitting
\nState), whose waters may be affected by the issuance of a permit
\nmay submit written recommendation to the permitting
\nState (and the Administrator) with respect to any permit application
\nand, if any part of such written recommendations are
\nnot accepted by the permitting State, that the permitting State
\nwill notify such affected State (and the Administrator) in writing
\nof its failure to so accept such recommendations together
\nwith its reasons for so doing.
\n(F) To assure that no permit will be issued if, in the judgment
\nof the Secretary, after consultation with the Secretary of
\nthe department in which the Coast Guard is operating, anchorage
\nand navigation of any of the navigable waters would be
\nsubstantially impaired thereby.
\n(G) To abate violations of the permit or the permit program,
\nincluding civil and criminal penalties and other ways
\nand means of enforcement.
\n(H) To assure continued coordination with Federal and
\nFederal-State water-related planning and review processes.
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\n201 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404
\n(2) If, with respect to a State program submitted under subsection
\n(g)(1) of this section, the Administrator determines that
\nsuch State\u2014
\n(A) has the authority set forth in paragraph (1) of this subsection,
\nthe Administrator shall approve the program and so
\nnotify (i) such State, and (ii) the Secretary, who upon subsequent
\nnotification from such State that it is administering such
\nprogram, shall suspend the issuance of permits under subsection
\n(a) and (e) of this section for activities with respect to
\nwhich a permit may be issued pursuant to such State program;
\nor
\n(B) does not have the authority set forth in paragraph (1)
\nof this subsection, the Administrator shall so notify such State,
\nwhich notification shall also describe the revisions or modifications
\nnecessary so that such State may resubmit such program
\nfor a determination by the Administrator under this subsection.
\n(3) If the Administrator fails to make a determination with respect
\nto any program submitted by a State under subsection (g)(1)
\nof this section within one-hundred-twenty days after the date of the
\nreceipt of such program, such program shall be deemed approved
\npursuant to paragraph (2)(A) of this subsection and the Administrator
\nshall so notify such State and the Secretary who, upon subsequent
\nnotification from such State that it is administering such
\nprogram, shall suspend the issuance of permits under subsection
\n(a) and (e) of this section for activities with respect to which a permit
\nmay be issued by such State.
\n(4) After the Secretary receives notification from the Administrator
\nunder paragraph (2) or (3) of this subsection that a State
\npermit program has been approved, the Secretary shall transfer
\nany applications for permits pending before the Secretary for activities
\nwith respect to which a permit may be issued pursuant to such
\nState program to such State for appropriate action.
\n(5) Upon notification from a State with a permit program approved
\nunder this subsection that such State intends to administer
\nand enforce the terms and conditions of a general permit issed by
\nthe Secretary under subsection (e) of this section with respect to activities
\nin such State to which such general permit applies, the Secretary
\nshall suspend the administration and enforcement of such
\ngeneral permit with respect to such activities.
\n(i) Whenever the Administrator determines after public hearing
\nthat a State is not administering a program approved under
\nsection (h)(2)(A) of this section, in accordance with this section, including,
\nbut not limited to, the guidelines established under subsection
\n(b)(1) of this section, the Administrator shall so notify the
\nState, and, if appropriate corrective action is not taken within a
\nreasonable time, not to exceed ninety days after the date of the receipt
\nof such notification, the Administrator shall (1) withdraw approval
\nof such program until the Administrator determines such
\ncorrective action has been taken, and (2) notify the Secretary that
\nthe Secretary shall resume the program for the issuance of permits
\nunder subsections (a) and (e) of this section for activities with respect
\nto which the State was issuing permits and that such authority
\nof the Secretary shall continue in effect until such time as the
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\nNovember 27, 2002
\nSec. 404 FEDERAL WATER POLLUTION CONTROL ACT 202
\nAdministrator makes the determination described in clause (1) of
\nthis subsection and such State again has an approved program.
\n(j) Each State which is administering a permit program pursuant
\nto this section shall transmit to the Administrator (1) a copy
\nof each permit application received by such State and provide notice
\nto the Administrator of every action related to the consideration
\nof such permit application, including each permit proposed to
\nbe issued by such State, and (2) a copy of each proposed general
\npermit which such State intends to issue. Not later than the tenth
\nday after the date of the receipt of such permit application or such
\nproposed general permit, the Administrator shall provide copies of
\nsuch permit application or such proposed general permit to the Secretary
\nand the Secretary of the Interior, acting through the Director
\nof the United States Fish and Wildlife Service. If the Administrator
\nintends to provide written comments to such State with respect
\nto such permit application or such proposed general permit,
\nhe shall so notify such State not later than the thirtieth day after
\nthe date of the receipt of such application or such proposed general
\npermit and provide such written comments to such State, after consideration
\nof any comments made in writing with respect to such
\napplication or such proposed general permit by the Secretary and
\nthe Secretary of the Interior, acting through the Director of the
\nUnited States Fish and Wildlife Service, not later than the ninetieth
\nday after the date of such receipt. If such State is so notified
\nby the Administrator, it shall not issue the proposed permit until
\nafter the receipt of such comments from the Administrator, or after
\nsuch ninetieth day, whichever first occurs. Such State shall not
\nissue such proposed permit after such ninetieth day if it has received
\nsuch written comments in which the Administrator objects
\n(A) to the issuance of such proposed permit and such proposed permit
\nis one that has been submitted to the Administrator pursuant
\nto subsection (h)(1)(E), or (B) to the issuance of such proposed permit
\nas being outside the requirements of this section, including, but
\nnot limited to, the guidelines developed under subsection (b)(1) of
\nthis section unless it modifies such proposed permit in accordance
\nwith such comments. Whenever the Administrator objects to the
\nissuance of a permit under the preceding sentence such written objection
\nshall contain a statement of the reasons for such objection
\nand the conditions which such permit would include if it were
\nissued by the Administrator. In any case where the Administrator
\nobjects to the issuance of a permit, on request of the State, a public
\nhearing shall be held by the Administrator on such objection. If the
\nState does not resubmit such permit revised to meet such objection
\nwithin 30 days after completion of the hearing or, if no hearing is
\nrequested within 90 days after the date of such objection, the Secretary
\nmay issue the permit pursuant to subsection (a) or (e) of this
\nsection, as the case may be, for such source in accordance with the
\nguidelines and requirements of this Act.
\n(k) In accordance with guidelines promulgated pursuant to
\nsubsection (i)(2) of section 304 of this Act, the Administrator is authorized
\nto waive the requirements of subsection (j) of this section
\nat the time of the approval of a program pursuant to subsection
\n(h)(2)(A) of this section for any category (including any class, type,
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\nNovember 27, 2002
\n203 FEDERAL WATER POLLUTION CONTROL ACT Sec. 404
\nor size within such category) of discharge within the State submitting
\nsuch program.
\n(l) The Administrator shall promulgate regulations establishing
\ncategories of discharges which he determines shall not be subject
\nto the requirements of subsection (j) of this section in any State
\nwith a program approved pursuant to subsection (h)(2)(A) of this
\nsection. The Administrator may distinguish among classes, types,
\nand sizes within any category of discharges.
\n(m) Not later than the ninetieth day after the date on which
\nthe Secretary notifies the Secretary of the Interior, acting through
\nthe Director of the United States Fish and Wildlife Service that (1)
\nan application for a permit under subsection (a) of this section has
\nbeen received by the Secretary, or (2) the Secretary proposes to
\nissue a general permit under subsection (e) of this section, the Secretary
\nof the Interior, acting through the Director of the United
\nStates Fish and Wildlife Service, shall submit any comments with
\nrespect to such application or such proposed general permit in writing
\nto the Secretary.
\n(n) Nothing in this section shall be construed to limit the authority
\nof the Administrator to take action pursuant to section 309
\nof this Act.
\n(o) A copy of each permit application and each permit issued
\nunder this section shall be available to the public. Such permit application
\nor portion thereof, shall further be available on request
\nfor the purpose of reproduction.
\n(p) Compliance with a permit issued pursuant to this section,
\nincluding any activity carried out pursuant to a general permit
\nissued under this section, shall be deemed compliance, for purposes
\nof sections 309 and 505, with sections 301, 307, and 403.
\n(q) Not later than the one-hundred-eightieth day after the date
\nof enactment of this subsection, the Secretary shall enter into
\nagreements with the Administrator, the Secretaries of the Departments
\nof Agriculture, Commerce, Interior, and Transportation, and
\nthe heads of other appropriate Federal agencies to minimize, to the
\nmaximum extent practicable, duplication, needless paperwork, and
\ndelays in the issuance of permits under this section. Such agreements
\nshall be developed to assure that, to the maximum extent
\npracticable, a decision with respect to an application for a permit
\nunder subsection (a) of this section will be made not later than the
\nninetieth day after the date the notice of such application is published
\nunder subsection (a) of this section.
\n(r) The discharge of dredged or fill material as part of the construction
\nof a Federal project specifically authorized by Congress,
\nwhether prior to or on or after the date of enactment of this subsection,
\nis not prohibited by or otherwise subject to regulation
\nunder this section, or a State program approved under this section,
\nor section 301(a) or 402 of the Act (except for effluent standards or
\nprohibitions under section 307), if information on the effects of such
\ndischarge, including consideration of the guidelines developed
\nunder subsection (b)(1) of this section, is included in an environmental
\nimpact statement for such project pursuant to the National
\nEnvironmental Policy Act of 1969 and such environmental impact
\nstatement has been submitted to Congress before the actual discharge
\nof dredged or fill material in connection with the construc-
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\nNovember 27, 2002
\nSec. 404 FEDERAL WATER POLLUTION CONTROL ACT 204
\n1 So in law. Probably should be \u2018\u2018action\u2019\u2019.
\ntion of such project and prior to either authorization of such project
\nor an appropriation of funds for each construction.
\n(s)(1) Whenever on the basis of any information available to
\nhim the Secretary finds that any person is in violation of any condition
\nor limitation set forth in a permit issued by the Secretary
\nunder this section, the Secretary shall issue an order requiring
\nsuch persons to comply with such condition or limitation, or the
\nSecretary shall bring a civil action in accordance with paragraph
\n(3) of this subsection.
\n(2) A copy of any order issued under this subsection shall be
\nsent immediately by the Secretary to the State in which the violation
\noccurs and other affected States. Any order issued under this
\nsubsection shall be by personal service and shall state with reasonable
\nspecificity the nature of the violation, specify a time for compliance,
\nnot to exceed thirty days, which the Secretary determines
\nis reasonable, taking into account the seriousness of the violation
\nand any good faith efforts to comply with applicable requirements.
\nIn any case in which an order under this subsection is issued to
\na corporation, a copy of such order shall be served on any appropriate
\ncorporate officers.
\n(3) The Secretary is authorized to commence a civil action for
\nappropriate relief, including a permanent or temporary injunction
\nfor any violation for which he is authorized to issue a compliance
\norder under paragraph (1) of this subsection. Any action under this
\nparagraph may be brought in the district court of the United States
\nfor the district in which the defendant is located or resides or is
\ndoing business, and such court shall have jurisdiction to restrain
\nsuch violation and to require compliance. Notice of the commencement
\nof such acton 1 shall be given immediately to the appropriate
\nState.
\n(4) Any person who violates any condition or limitation in a
\npermit issued by the Secretary under this section, and any person
\nwho violates any order issued by the Secretary under paragraph (1)
\nof this subsection, shall be subject to a civil penalty not to exceed
\n$25,000 per day for each violation. In determining the amount of
\na civil penalty the court shall consider the seriousness of the violation
\nor violations, the economic benefit (if any) resulting from the
\nviolaltion, any history of such violations, any good-faith efforts to
\ncomply with the applicable requirements, the economic impact of
\nthe penalty on the violator, and such other matters as justice may
\nrequire.
\n(t) Nothing in the section shall preclude or deny the right of
\nany State or interstate agency to control the discharge of dredged
\nor fill material in any portion of the navigable waters within the
\njurisdiction of such State, including any activity of any Federal
\nagency, and each such agency shall comply with such State or
\ninterstate requirements both substantive and procedural to control
\nthe discharge of dredged or fill material to the same extent that
\nany person is subject to such requirements. This section shall not
\nbe construed as affecting or impairing the authority of the Secretary
\nto maintain navigation.
\n(33 U.S.C. 1344)
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\nNovember 27, 2002
\n205 FEDERAL WATER POLLUTION CONTROL ACT Sec. 405
\nDISPOSAL OF SEWAGE SLUDGE
\nSEC. 405. (a) Notwithstanding any other provision of this Act
\nor of any other law, in the case where the disposal of sewage sludge
\nresulting from the operation of a treatment works as defined in section
\n212 of this Act (including the removal of in-place sewage
\nsludge from one location and its deposit at another location) would
\nresult in any pollutant from such sewage sludge entering the navigable
\nwaters, such disposal is prohibited except in accordance with
\na permit issued by the Administrator under section 402 of this Act.
\n(b) The Administrator shall issue regulations governing the
\nissuance of permits for the disposal of sewage sludge subject to
\nsubsection (a) of this section and section 402 of this Act. Such regulations
\nshall require the application to such disposal of each criterion,
\nfactor, procedure, and requirement applicable to a permit
\nissued under section 402 of this title.
\n(c) Each State desiring to administer its own permit program
\nfor disposal of sewage sludge subject to subsection (a) of this section
\nwithin its jurisdiction may do so in accordance with section
\n402 of this Act.
\n(d) REGULATIONS.\u2014
\n(1) REGULATIONS.\u2014The Administrator, after consultation
\nwith appropriate Federal and State agencies and other interested
\npersons, shall develop and publish, within one year after
\nthe date of enactment of this subsection and from time to time
\nthereafter, regulations poroviding guidelines for the disposal of
\nsludge and the utilization of sludge for various purposes. Such
\nregulations shall\u2014
\n(A) identify uses for sludge, including disposal;
\n(B) specify factors to be taken into account in determining
\nthe measures and practices applicable to each such
\nuse or disposal (including publication of information on
\ncosts);
\n(C) identify concentrations of pollutants which interfere
\nwith each such use or disposal.
\nThe Administrator is authorized to revise any regulation
\nissued under this subsection.
\n(2) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.\u2014
\n(A) ON BASIS OF AVAILABLE INFORMATION.\u2014
\n(i) PROPOSED REGULATIONS.\u2014Not later than November
\n30, 1986, the Administrator shall identify
\nthose toxic pollutants which, on the basis of available
\ninformation on their toxicity, persistence, concentration,
\nmobility, or potential for exposure, may be
\npresent in sewage sludge in concentrations which may
\nadversely affect public health or the environment, and
\npropose regulations specifying acceptable management
\npractices for sewage sludge containing each such toxic
\npollutant and establishing numerical limitations for
\neach such pollutant for each use identified under paragraph
\n(1)(A).
\n(ii) FINAL REGULATIONS.\u2014Not later than August
\n31, 1987, and after opportunity for public hearing, the
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\nNovember 27, 2002
\nSec. 405 FEDERAL WATER POLLUTION CONTROL ACT 206
\nAdministrator shall promulgate the regulations required
\nby subparagraph (A)(i).
\n(B) OTHERS.\u2014
\n(i) PROPOSED REGULATIONS.\u2014Not later than July
\n31, 1987, the Administrator shall identify those toxic
\npollutants not identified under subparagraph (A)(i)
\nwhich may be present in sewage sludge in concentrations
\nwhich may adversely affect public health or the
\nenvironment, and propose regulations specifying acceptable
\nmanagement practices for sewage sludge containing
\neach such toxic pollutant and establishing numerical
\nlimitations for each pollutant for each such
\nuse identified under paragraph (1)(A).
\n(ii) FINAL REGULATIONS.\u2014Not later than June 15,
\n1988, the Administrator shall promulate the regulations
\nrequired by subparagraph (B)(i).
\n(C) REVIEW.\u2014From time to time, but not less often
\nthan every 2 years, the Administrator shall review the regulations
\npromulgated under this paragraph for the purpose
\nof identifying additional toxic pollutants and promulgating
\nregulations for such pollutants consistent with the requirements
\nof this paragraph.
\n(D) MINIMUM STANDARDS; COMPLIANCE DATE.\u2014The
\nmanagement practices and numerical criteria established
\nunder subparagraphs (A), (B), and (C) shall be adequate to
\nprotect public health and the environment from any reasonably
\nanticipated adverse effects of each pollutant. Such
\nregulations shall require compliance as expeditiously as
\npracticable but in no case later than 12 months after their
\npublication, unless such regulations require the construction
\nof new pollution control facilities, in which case the
\nregulations shall require compliance as expeditiously as
\npracticable but in no case later than two years from the
\ndate of their publication.
\n(3) ALTERNATIVE STANDARDS.\u2014For purposes of this subsection,
\nif, in the judgment of the Administrator, it is not feasible
\nto prescribe or enforce a numerical limitation for a pollutant
\nidentified under paragraph (2), the Administrator may instead
\npromulgate a design, equipment, management practice,
\nor operational standard, or combination thereof, which in the
\nAdministrator\u2019s judgment is adequate to protect public health
\nand the environment from any reasonably anticipated adverse
\neffects of such pollutant. In the event the Administrator promulgates
\na design or equipment standard under this subsection,
\nthe Administrator shall include as part of such standard
\nsuch requirements as will assure the proper operation and
\nmaintenance of any such element of design or equipment.
\n(4) CONDITIONS ON PERMITS.\u2014Prior to the promulgation of
\nthe regulations required by paragraph (2), the Administrator
\nshall impose conditions in permits issued to publicly owned
\ntreatment works under section 402 of this Act or take such
\nother measures as the Administrator deems appropriate to protect
\npublic health and the environment from any adverse effects
\nwhich may occur from toxic pollutants in sewage sludge.
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\nNovember 27, 2002
\n207 FEDERAL WATER POLLUTION CONTROL ACT Sec. 405
\n(5) LIMITATION ON STATUTORY CONSTRUCTION.\u2014Nothing in
\nthis section is intended to waive more stringent requirements
\nestablished by this Act or any other law.
\n(e) MANNER OF SLUDGE DISPOSAL.\u2014The determination of the
\nmanner of disposal or use of sludge is a local determination, except
\nthat it shall be unlawful for any person to dispose of sludge from
\na publicly owned treatment works or any other treatment works
\ntreating domestic sewage for any use for which regulations have
\nbeen established pursuant to subsection (d) of this section, except
\nin accordance with such regulations.
\n(f) IMPLEMENTATION OF REGULATIONS.\u2014
\n(1) THROUGH SECTION 402 PERMITS.\u2014Any permit issued
\nunder section 402 of this Act to a publicly owned treatment
\nworks or any other treatment works treating domestic sewage
\nshall include requirements for the use and disposal of sludge
\nthat implement the regulations established pursuant to subsection
\n(d) of this section, unless such requirements have been
\nincluded in a permit issued under the appropriate provisions
\nof subtitle C of the Solid Waste Disposal Act, part C of the Safe
\nDrinking Water Act, the Marine Protection, Research, and
\nSanctuaries Act of 1972, or the Clean Air Act, or under State
\npermit programs approved by the Administrator, where the
\nAdministrator determines that such programs assure compliance
\nwith any applicable requirements of this section. Not
\nlater than December 15, 1986, the Administrator shall promulgate
\nprocedures for approval of State programs pursuant to
\nthis paragraph.
\n(2) THROUGH OTHER PERMITS.\u2014In the case of a treatment
\nworks described in paragraph (1) that is not subject to section
\n402 of this Act and to which none of the other above listed permit
\nprograms nor approved State permit authority apply, the
\nAdministrator may issue a permit to such treatment works
\nsolely to impose requirements for the use and disposal of
\nsludge that implement the regulations established pursuant to
\nsubsection (d) of this section. The Administrator shall include
\nin the permit appropriate requirements to assure compliance
\nwith the regulations established pursuant to subsection (d) of
\nthis section. The Administrator shall establish procedures for
\nissuing permits pursuant to this paragraph.
\n(g) STUDIES AND PROJECTS.\u2014
\n(1) GRANT PROGRAM; INFORMATION GATHERING.\u2014The Administrator
\nis authorized to conduct or initiate scientific studies,
\ndemonstration projects, and public information and education
\nprojects which are designed to promote the safe and
\nbeneficial management or use of sewage sludge for such purposes
\nas aiding the restoration of abandoned mine sites, conditioning
\nsoil for parks and recreation areas, agricultural and
\nhorticultural uses, and other beneficial purposes. For the purposes
\nof carrying out this subsection, the Administrator may
\nmake grants to State water pollution control agencies, other
\npublic or nonprofit agencies, institutions, organizations, and individuals.
\nIn cooperation with other Federal departments and
\nagencies, other public and private agencies, institutions, and
\norganizations, the Administrator is authorized to collect and
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\nNovember 27, 2002
\nSec. 406 FEDERAL WATER POLLUTION CONTROL ACT 208
\ndisseminate information pertaining to the safe and beneficial
\nuse of sewage sludge.
\n(2) AUTHORIZATION OF APPROPRIATIONS.\u2014For the purposes
\nof carrying out the scientific studies, demonstration projects,
\nand public information and education projects authorized in
\nthis section, there is authorized to be appropriated for fiscal
\nyears beginning after September 30, 1986, not to exceed
\n$5,000,000.
\n(33 U.S.C. 1345)
\nSEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND
\nNOTIFICATION.
\n(a) MONITORING AND NOTIFICATION.\u2014
\n(1) IN GENERAL.\u2014Not later than 18 months after the date
\nof the enactment of this section, after consultation and in cooperation
\nwith appropriate Federal, State, tribal, and local officials
\n(including local health officials), and after providing public
\nnotice and an opportunity for comment, the Administrator
\nshall publish performance criteria for\u2014
\n(A) monitoring and assessment (including specifying
\navailable methods for monitoring) of coastal recreation waters
\nadjacent to beaches or similar points of access that are
\nused by the public for attainment of applicable water quality
\nstandards for pathogens and pathogen indicators; and
\n(B) the prompt notification of the public, local governments,
\nand the Administrator of any exceeding of or likelihood
\nof exceeding applicable water quality standards for
\ncoastal recreation waters described in subparagraph (A).
\n(2) LEVEL OF PROTECTION.\u2014The performance criteria referred
\nto in paragraph (1) shall provide that the activities described
\nin subparagraphs (A) and (B) of that paragraph shall
\nbe carried out as necessary for the protection of public health
\nand safety.
\n(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.\u2014
\n(1) IN GENERAL.\u2014The Administrator may make grants to
\nStates and local governments to develop and implement programs
\nfor monitoring and notification for coastal recreation waters
\nadjacent to beaches or similar points of access that are
\nused by the public.
\n(2) LIMITATIONS.\u2014
\n(A) IN GENERAL.\u2014The Administrator may award a
\ngrant to a State or a local government to implement a
\nmonitoring and notification program if\u2014
\n(i) the program is consistent with the performance
\ncriteria published by the Administrator under subsection
\n(a);
\n(ii) the State or local government prioritizes the
\nuse of grant funds for particular coastal recreation waters
\nbased on the use of the water and the risk to
\nhuman health presented by pathogens or pathogen indicators;
\n(iii) the State or local government makes available
\nto the Administrator the factors used to prioritize the
\nuse of funds under clause (ii);
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\n209 FEDERAL WATER POLLUTION CONTROL ACT Sec. 406
\n(iv) the State or local government provides a list
\nof discrete areas of coastal recreation waters that are
\nsubject to the program for monitoring and notification
\nfor which the grant is provided that specifies any
\ncoastal recreation waters for which fiscal constraints
\nwill prevent consistency with the performance criteria
\nunder subsection (a); and
\n(v) the public is provided an opportunity to review
\nthe program through a process that provides for public
\nnotice and an opportunity for comment.
\n(B) GRANTS TO LOCAL GOVERNMENTS.\u2014The Administrator
\nmay make a grant to a local government under this
\nsubsection for implementation of a monitoring and notification
\nprogram only if, after the 1-year period beginning
\non the date of publication of performance criteria under
\nsubsection (a)(1), the Administrator determines that the
\nState is not implementing a program that meets the requirements
\nof this subsection, regardless of whether the
\nState has received a grant under this subsection.
\n(3) OTHER REQUIREMENTS.\u2014
\n(A) REPORT.\u2014A State recipient of a grant under this
\nsubsection shall submit to the Administrator, in such format
\nand at such intervals as the Administrator determines
\nto be appropriate, a report that describes\u2014
\n(i) data collected as part of the program for monitoring
\nand notification as described in subsection (c);
\nand
\n(ii) actions taken to notify the public when water
\nquality standards are exceeded.
\n(B) DELEGATION.\u2014A State recipient of a grant under
\nthis subsection shall identify each local government to
\nwhich the State has delegated or intends to delegate responsibility
\nfor implementing a monitoring and notification
\nprogram consistent with the performance criteria published
\nunder subsection (a) (including any coastal recreation
\nwaters for which the authority to implement a monitoring
\nand notification program would be subject to the
\ndelegation).
\n(4) FEDERAL SHARE.\u2014
\n(A) IN GENERAL.\u2014The Administrator, through grants
\nawarded under this section, may pay up to 100 percent of
\nthe costs of developing and implementing a program for
\nmonitoring and notification under this subsection.
\n(B) NON-FEDERAL SHARE.\u2014The non-Federal share of
\nthe costs of developing and implementing a monitoring and
\nnotification program may be\u2014
\n(i) in an amount not to exceed 50 percent, as determined
\nby the Administrator in consultation with
\nState, tribal, and local government representatives;
\nand
\n(ii) provided in cash or in kind.
\n(c) CONTENT OF STATE AND LOCAL GOVERNMENT PROGRAMS.\u2014
\nAs a condition of receipt of a grant under subsection (b), a State
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\nSec. 406 FEDERAL WATER POLLUTION CONTROL ACT 210
\nor local government program for monitoring and notification under
\nthis section shall identify\u2014
\n(1) lists of coastal recreation waters in the State, including
\ncoastal recreation waters adjacent to beaches or similar points
\nof access that are used by the public;
\n(2) in the case of a State program for monitoring and notification,
\nthe process by which the State may delegate to local
\ngovernments responsibility for implementing the monitoring
\nand notification program;
\n(3) the frequency and location of monitoring and assessment
\nof coastal recreation waters based on\u2014
\n(A) the periods of recreational use of the waters;
\n(B) the nature and extent of use during certain periods;
\n(C) the proximity of the waters to known point sources
\nand nonpoint sources of pollution; and
\n(D) any effect of storm events on the waters;
\n(4)(A) the methods to be used for detecting levels of pathogens
\nand pathogen indicators that are harmful to human
\nhealth; and
\n(B) the assessment procedures for identifying short-term
\nincreases in pathogens and pathogen indicators that are harmful
\nto human health in coastal recreation waters (including increases
\nin relation to storm events);
\n(5) measures for prompt communication of the occurrence,
\nnature, location, pollutants involved, and extent of any exceeding
\nof, or likelihood of exceeding, applicable water quality
\nstandards for pathogens and pathogen indicators to\u2014
\n(A) the Administrator, in such form as the Administrator
\ndetermines to be appropriate; and
\n(B) a designated official of a local government having
\njurisdiction over land adjoining the coastal recreation waters
\nfor which the failure to meet applicable standards is
\nidentified;
\n(6) measures for the posting of signs at beaches or similar
\npoints of access, or functionally equivalent communication
\nmeasures that are sufficient to give notice to the public that
\nthe coastal recreation waters are not meeting or are not expected
\nto meet applicable water quality standards for pathogens
\nand pathogen indicators; and
\n(7) measures that inform the public of the potential risks
\nassociated with water contact activities in the coastal recreation
\nwaters that do not meet applicable water quality standards.
\n(d) FEDERAL AGENCY PROGRAMS.\u2014Not later than 3 years after
\nthe date of the enactment of this section, each Federal agency that
\nhas jurisdiction over coastal recreation waters adjacent to beaches
\nor similar points of access that are used by the public shall develop
\nand implement, through a process that provides for public notice
\nand an opportunity for comment, a monitoring and notification program
\nfor the coastal recreation waters that\u2014
\n(1) protects the public health and safety;
\n(2) is consistent with the performance criteria published
\nunder subsection (a);
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\n211 FEDERAL WATER POLLUTION CONTROL ACT Sec. 406
\n(3) includes a completed report on the information specified
\nin subsection (b)(3)(A), to be submitted to the Administrator;
\nand
\n(4) addresses the matters specified in subsection (c) .
\n(e) DATABASE.\u2014The Administrator shall establish, maintain,
\nand make available to the public by electronic and other means a
\nnational coastal recreation water pollution occurrence database
\nthat provides\u2014
\n(1) the data reported to the Administrator under subsections
\n(b)(3)(A)(i) and (d)(3); and
\n(2) other information concerning pathogens and pathogen
\nindicators in coastal recreation waters that\u2014
\n(A) is made available to the Administrator by a State
\nor local government, from a coastal water quality monitoring
\nprogram of the State or local government; and
\n(B) the Administrator determines should be included.
\n(f ) TECHNICAL ASSISTANCE FOR MONITORING FLOATABLE MATERIAL.\u2014
\nThe Administrator shall provide technical assistance to
\nStates and local governments for the development of assessment
\nand monitoring procedures for floatable material to protect public
\nhealth and safety in coastal recreation waters.
\n(g) LIST OF WATERS.\u2014
\n(1) IN GENERAL.\u2014Beginning not later than 18 months after
\nthe date of publication of performance criteria under subsection
\n(a), based on information made available to the Administrator,
\nthe Administrator shall identify, and maintain a list of, discrete
\ncoastal recreation waters adjacent to beaches or similar
\npoints of access that are used by the public that\u2014
\n(A) specifies any waters described in this paragraph
\nthat are subject to a monitoring and notification program
\nconsistent with the performance criteria established under
\nsubsection (a); and
\n(B) specifies any waters described in this paragraph
\nfor which there is no monitoring and notification program
\n(including waters for which fiscal constraints will prevent
\nthe State or the Administrator from performing monitoring
\nand notification consistent with the performance criteria
\nestablished under subsection (a)).
\n(2) AVAILABILITY.\u2014The Administrator shall make the list
\ndescribed in paragraph (1) available to the public through\u2014
\n(A) publication in the Federal Register; and
\n(B) electronic media.
\n(3) UPDATES.\u2014The Administrator shall update the list described
\nin paragraph (1) periodically as new information becomes
\navailable.
\n(h) EPA IMPLEMENTATION.\u2014In the case of a State that has no
\nprogram for monitoring and notification that is consistent with the
\nperformance criteria published under subsection (a) after the last
\nday of the 3-year period beginning on the date on which the Administrator
\nlists waters in the State under subsection (g)(1)(B), the
\nAdministrator shall conduct a monitoring and notification program
\nfor the listed waters based on a priority ranking established by the
\nAdministrator using funds appropriated for grants under subsection
\n(i)\u2014
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\nSec. 501 FEDERAL WATER POLLUTION CONTROL ACT 212
\n(1) to conduct monitoring and notification; and
\n(2) for related salaries, expenses, and travel.
\n(i) AUTHORIZATION OF APPROPRIATIONS.\u2014There is authorized to
\nbe appropriated for making grants under subsection (b), including
\nimplementation of monitoring and notification programs by the Administrator
\nunder subsection (h), $30,000,000 for each of fiscal
\nyears 2001 through 2005.
\n(33 U.S.C. 1346)
\nTITLE V\u2014GENERAL PROVISIONS
\nADMINISTRATION
\nSEC. 501. (a) The Administrator is authorized to prescribe such
\nregulations as are necessary to carry out his functions under this
\nAct.
\n(b) The Administrator, with the consent of the head of any
\nother agency of the United States, may utilize such officers and
\nemployees of such agency as may be found necessary to assist in
\ncarrying out the purposes of this Act.
\n(c) Each recipient of financial assistance under this Act shall
\nkeep such records as the Administrator shall prescribe, including
\nrecords which fully disclose the amount and disposition by such recipient
\nof the proceeds of such assistance, the total cost of the
\nproject or undertaking in connection with which such assistance is
\ngiven or used, and the amount of that portion of the cost of the
\nproject or undertaking supplied by other sources, and such other
\nrecords as will facilitate an effective audit.
\n(d) The Administrator and the Comptroller General of the
\nUnited States, or any of their duly authorized representatives,
\nshall have access, for the purpose of audit and examination, to any
\nbooks, documents, papers, and records of the recipients that are
\npertinent to the grants received under this Act. For the purpose of
\ncarrying out audits and examinations with respect to recipients of
\nFederal assistance under this Act, the Administrator is authorized
\nto enter into noncompetitive procurement contracts with independent
\nState audit organizations, consistent with chapter 75 of
\ntitle 31, United States Code. Such contracts may only be entered
\ninto to the extent and in such amounts as may be provided in advance
\nin appropriation Acts.
\n(e)(1) It is the purpose of this subsection to authorize a program
\nwhich will provide official recognition by the United States
\nGovernment to those industrial organizations and political subdivisions
\nof States which during the preceding year demonstrated an
\noutstanding technological achievement or an innovative process,
\nmethod, or device in their waste treatment and pollution abatement
\nprograms. The Administrator shall, in consultation with the
\nappropriate State water pollution control agencies, establish regulations
\nunder which such recognition may be applied for and granted,
\nexcept that no applicant shall be eligible for an award under
\nthis subsection if such applicant is not in total compliance with all
\napplicable water quality requirements under this Act, or otherwise
\ndoes not have a satisfactory record with respect to environmental
\nquality.
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\n213 FEDERAL WATER POLLUTION CONTROL ACT Sec. 502
\n(2) The Administrator shall award a certificate or plaque of
\nsuitable design to each industrial organization or political subdivision
\nwhich qualifies for such recognition under regulations established
\nunder this subsection.
\n(3) The President of the United States, the Governor of the appropriate
\nState, the Speaker of the House of Representatives, and
\nthe President pro tempore of the Senate shall be notified of the
\naward by the Administrator and the awarding of such recognition
\nshall be published in the Federal Register.
\n(f) Upon the request of a State water pollution control agency,
\npersonnel of the Environmental Protection Agency may be detailed
\nto such agency for the purpose of carrying out the provisions of this
\nAct.
\n(33 U.S.C. 1361)
\nGENERAL DEFINITIONS
\nSEC. 502. Except as otherwise specifically provided, when used
\nin this Act:
\n(1) The term \u2018\u2018State water pollution control agency\u2019\u2019 means the
\nState agency designated by the Governor having responsibility for
\nenforcing State laws relating to the abatement of pollution.
\n(2) The term \u2018\u2018interstate agency\u2019\u2019 means an agency of two or
\nmore States established by or pursuant to an agreement or compact
\napproved by the Congress, or any other agency of two or more
\nStates, having substantial powers or duties pertaining to the control
\nof pollution as determined and approved by the Adminstrator.
\n(3) The term \u2018\u2018State\u2019\u2019 means a State, the District of Columbia,
\nthe Commonwealth of Puerto Rico, the Virgin Islands, Guam,
\nAmerican Samoa, the Commonwealth of the Northern Mariana Islands,
\nand the Trust Territory of the Pacific Islands.
\n(4) The term \u2018\u2018municipality\u2019\u2019 means a city, town, borough, county,
\nparish, district, association, or other public body created by or
\npursuant to State law and having jurisdiction over disposal of sewage,
\nindustrial wastes, or other wastes, or an Indian tribe or an authorized
\nIndian tribal organization, or a designated and approved
\nmanagement agency under section 208 of this Act.
\n(5) The term \u2018\u2018person\u2019\u2019 means an individual, corporation, partnership,
\nassociation, State, municipality, commission, or political
\nsubdivision of a State, or any interstate body.
\n(6) The term \u2018\u2018pollutant\u2019\u2019 means dredged spoil, solid waste, incinerator
\nresidue, sewage, garbage, sewage sludge, munitions,
\nchemical wastes, biological materials, radioactive materials, heat,
\nwrecked or discarded equipment, rock, sand, cellar dirt and industrial,
\nmunicipal, and agricultural waste discharged into water. This
\nterm does not mean (A) \u2018\u2018sewage from vessels or a discharge incidental
\nto the normal operation of a vessel of the Armed Forces\u2019\u2019
\nwithin the meaning of section 312 of this Act; or (B) water, gas, or
\nother material which is injected into a well to facilitate production
\nof oil or gas, or water derived in association with oil or gas production
\nand disposed of in a well, if the well used either to facilitate
\nproduction or for disposal purpose is approved by authority of the
\nState in which the well is located, and if such State determines
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\nSec. 502 FEDERAL WATER POLLUTION CONTROL ACT 214
\nthat such injection or disposal will not result in the degradation of
\nground or surface water resources.
\n(7) The term \u2018\u2018navigable waters\u2019\u2019 means the waters of the
\nUnited States, including the territorial seas.
\n(8) The term \u2018\u2018territorial seas\u2019\u2019 means the belt of the seas measured
\nfrom the line of ordinary low water along that portion of the
\ncoast which is in direct contact with the open sea and the line
\nmarking the seaward limit of inland waters, and extending seaward
\na distance of three miles.
\n(9) The term \u2018\u2018contiguous zone\u2019\u2019 means the entire zone established
\nor to be established by the United States under article 24
\nof the Convention of the Territorial Sea and the Contiguous Zone.
\n(10) The term \u2018\u2018ocean\u2019\u2019 means any portion of the high seas beyond
\nthe contiguous zone.
\n(11) The term \u2018\u2018effluent limitation\u2019\u2019 means any restriction established
\nby a State or the Administrator on quantities, rates, and
\nconcentrations of chemical, physical, biological, and other constituents
\nwhich are discharged from point sources into navigable waters,
\nthe waters of the contiguous zone, or the ocean, including
\nschedules of compliance.
\n(12) The term \u2018\u2018discharge of a pollutant\u2019\u2019 and the term \u2018\u2018discharge
\nof pollutants\u2019\u2019 each means (A) any addition of any pollutant
\nto navigable waters from any point source, (B) any addition of any
\npollutant to the waters of the contiguous zone or the ocean from
\nany point source other than a vessel or other floating craft.
\n(13) The term \u2018\u2018toxic pollutant\u2019\u2019 means those pollutants, or combinations
\nof pollutants, including disease-causing agents, which
\nafter discharge and upon exposure, ingestion, inhalation or assimilation
\ninto any organism, either directly from the environment or
\nindirectly by ingestion through food chains, will, on the basis of information
\navailable to the Administrator, cause death, disease, behavioral
\nabnormalities, cancer, genetic mutations, physiological
\nmalfunctions (including malfunctions in reproduction) or physical
\ndeformations, in such organisms or their offspring.
\n(14) The term \u2018\u2018point source\u2019\u2019 means any discernible, confined
\nand discrete conveyance, including but not limited to any pipe,
\nditch, channel, tunnel, conduit, well, discrete fissure, container,
\nrolling stock, concentrated animal feeding operation, or vessel or
\nother floating craft, from which pollutants are or may be discharged.
\nThis term does not include agricultural stormwater discharges
\nand return flows from irrigated agriculture.
\n(15) The term \u2018\u2018biological monitoring\u2019\u2019 shall mean the determination
\nof the effects on aquatic life, including accumulation of
\npollutants in tissue, in receiving waters due to the discharge of pollutants
\n(A) by techniques and procedures, including sampling of organisms
\nrepresentative of appropriate levels of the food chain appropriate
\nto the volume and the physical, chemical, and biological
\ncharacteristics of the effluent, and (B) at appropriate frequencies
\nand locations.
\n(16) The term \u2018\u2018discharge\u2019\u2019 when used without qualification includes
\na discharge of a pollutant, and a discharge of pollutants.
\n(17) The term \u2018\u2018schedule of compliance\u2019\u2019 means a schedule of remedial
\nmeasures including an enforceable sequence of actions or
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\n215 FEDERAL WATER POLLUTION CONTROL ACT Sec. 503
\noperations leading to compliance with an effluent limitation, other
\nlimitation, prohibition, or standard.
\n(18) The term \u2018\u2018industrial user\u2019\u2019 means those industries identified
\nin the Standard Industrial Classification Manual, Bureau of
\nthe Budget, 1967, as amended and supplemented, under the category
\n\u2018\u2018Division D\u2014Manufacturing\u2019\u2019 and such other classes of significant
\nwaste producers as, by regulation, the Administrator
\ndeems appropriate.
\n(19) The term \u2018\u2018pollution\u2019\u2019 means the man-made or man-induced
\nalteration of the chemical, physical, biological, and radiological integrity
\nof water.
\n(20) The term \u2018\u2018medical waste\u2019\u2019 means isolation wastes; infectious
\nagents; human blood and blood products; pathological wastes;
\nsharps; body parts; contaminated bedding; surgical wastes and potentially
\ncontaminated laboratory wastes; dialysis wastes; and such
\nadditional medical items as the Administrator shall prescribe by
\nregulation.
\n(21) COASTAL RECREATION WATERS.\u2014
\n(A) IN GENERAL.\u2014The term \u2018\u2018coastal recreation waters\u2019\u2019
\nmeans\u2014
\n(i) the Great Lakes; and
\n(ii) marine coastal waters (including coastal estuaries)
\nthat are designated under section 303(c) by a
\nState for use for swimming, bathing, surfing, or similar
\nwater contact activities.
\n(B) EXCLUSIONS.\u2014The term \u2018\u2018coastal recreation waters\u2019\u2019
\ndoes not include\u2014
\n(i) inland waters; or
\n(ii) waters upstream of the mouth of a river or
\nstream having an unimpaired natural connection with
\nthe open sea.
\n(22) FLOATABLE MATERIAL.\u2014
\n(A) IN GENERAL.\u2014The term \u2018\u2018floatable material\u2019\u2019 means
\nany foreign matter that may float or remain suspended in
\nthe water column.
\n(B) INCLUSIONS.\u2014The term \u2018\u2018floatable material\u2019\u2019
\nincludes\u2014
\n(i) plastic;
\n(ii) aluminum cans;
\n(iii) wood products;
\n(iv) bottles; and
\n(v) paper products.
\n(23) PATHOGEN INDICATOR.\u2014The term \u2018\u2018pathogen indicator\u2019\u2019
\nmeans a substance that indicates the potential for human infectious
\ndisease.
\n(33 U.S.C. 1362)
\nWATER POLLUTION CONTROL ADVISORY BOARD
\nSEC. 503. (a)(1) There is hereby established in the Environmental
\nProtection Agency a Water Pollution Control Advisory
\nBoard, composed of the Administrator or his designee, who shall be
\nChairman, and nine members appointed by the President, none of
\nwhom shall be Federal officers or employees. The appointed mem-
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\nNovember 27, 2002
\nSec. 504 FEDERAL WATER POLLUTION CONTROL ACT 216
\nbers, having due regard for the purposes of this Act, shall be selected
\nfrom among representatives of various State, interstate, and
\nlocal governmental agencies, of public or private interests contributing
\nto, affected by, or concerned with pollution, and of other public
\nand private agencies, organizations, or groups demonstrating an
\nactive interest in the field of pollution prevention and control, as
\nwell as other individuals who are expert in this field.
\n(2)(A) Each member appointed by the President shall hold office
\nfor a term of three years, except that (i) any member appointed<\/p>\n
\n(2)(A) Each member appointed by the President shall hold office
\nfor a term of three years, except that (i) any member appointed
\nto fill a vacancy occurring prior to the expiration of the term for
\nwhich his predecessor was appointed shall be appointed for the remainder
\nof such term, and (ii) the terms of office of the members
\nfirst taking office after June 30, 1956, shall expire as follows: three
\nat the end of one year after such date, three at the end of two years
\nafter such date, and three at the end of three years after such date,
\nas designated by the President at the time of appointment, and (iii)
\nthe term of any member under the preceding provisions shall be
\nextended until the date on which his successor\u2019s appointment is effective.
\nNone of the members appointed by the President shall be
\neligible for reappointment within one year after the end of his preceding
\nterm.
\n(B) The members of the Board who are not officers or employees
\nof the United States, while attending conferences or meetings
\nof the Board or while otherwise serving at the request of the Administrator,
\nshall be entitled to receive compensation at a rate to
\nbe fixed by the Administrator, but not exceeding $100 per diem, including
\ntraveltime, and while away from their homes or regular
\nplaces of business they may be allowed travel expenses, including
\nper diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b\u2013
\n2) for persons in the Government service employed intermittently.
\n(b) The Board shall advise, consult with, and make recommendations
\nto the Administrator on matters of policy relating to
\nthe activities and functions of the Administrator under this Act.
\n(c) Such clerical and technical assistance as may be necessary
\nto discharge the duties of the Board shall be provided from the personnel
\nof the Environmental Protection Agency.
\n(33 U.S.C. 1363)
\nEMERGENCY POWERS
\nSEC. 504. (a) Notwithstanding any other provision of this Act,
\nthe Administrator upon receipt of evidence that a pollution source
\nor combination of sources is presenting an imminent and substantial
\nendangerment to the health of persons or to the welfare of persons
\nwhere such endangerment is to the livelihood of such persons,
\nsuch as inability to market shellfish, may bring suit on behalf of
\nthe United States in the appropriate district court to immediately
\nrestrain any person causing or contributing to the alleged pollution
\nto stop the discharge of pollutants causing or contributing to such
\npollution or to take such other action as may be necessary.
\n[Subsection (b) repealed by \u00a7304(a) of P.L. 96\u2013510, Dec. 11,
\n1980, 94 Stat. 2809]
\n(33 U.S.C. 1364)
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\n217 FEDERAL WATER POLLUTION CONTROL ACT Sec. 505
\nCITIZEN SUITS
\nSEC. 505. (a) Except as provided in subsection (b) of this section
\nand section 309(g)(6), any citizen may commence a civil action
\non his own behalf\u2014
\n(1) against any person (including (i) the United States, and
\n(ii) any other governmental instrumentality or agency to the
\nextent permitted by the eleventh amendment to the Constitution)
\nwho is alleged to be in violation of (A) an effluent standard
\nor limitation under this Act or (B) an order issued by the
\nAdministrator or a State with respect to such a standard or
\nlimitation, or
\n(2) against the Administrator where there is alleged a failure
\nof the Administrator to perform any act or duty under this
\nAct which is not discretionary with the Administrator.
\nThe district courts shall have jurisdiction, without regard to the
\namount in controversy or the citizenship of the parties, to enforce
\nsuch an effluent standard or limitation, or such an order, or to
\norder the Administrator to perform such act or duty, as the case
\nmay be, and to apply any appropriate civil penalties under section
\n309(d) of this Act.
\n(b) No action may be commenced\u2014
\n(1) under subsection (a)(1) of this section\u2014
\n(A) prior to sixty days after the plaintiff has given notice
\nof the alleged violation (i) to the Administrator, (ii) to
\nthe State in which the alleged violation occurs, and (iii) to
\nany alleged violator of the standard, limitation, or order,
\nor
\n(B) if the Administrator or State has commenced and
\nis diligently prosecuting a civil or criminal action in a
\ncourt of the United States, or a State to require compliance
\nwith the standard, limitation, or order, but in any such action
\nin a court of the United States any citizen may intervene
\nas a matter of right.
\n(2) under subsection (a)(2) of this section prior to sixty
\ndays after the plaintiff has given notice of such action to the
\nAdministrator,
\nexcept that such action may be brought immediately after such notification
\nin the case of an action under this section respecting a
\nviolation of sections 306 and 307(a) of this Act. Notice under this
\nsubsection shall be given in such manner as the Administrator
\nshall prescribe by regulation.
\n(c)(1) Any action respecting a violation by a discharge source
\nof an effluent standard or limitation or an order respecting such
\nstandard or limitation may be brought under this section only in
\nthe judicial district in which such source is located.
\n(2) In such action under this section, the Administrator, if not
\na party, may intervene as a matter of right.
\n(3) PROTECTION OF INTERESTS OF UNITED STATES.\u2014Whenever
\nany action is brought under this section in a court of the
\nUnited States, the plaintiff shall serve a copy of the complaint
\non the Attorney General and the Administrator. No consent
\njudgment shall be entered in an action in which the United
\nStates is not a party prior to 45 days following the receipt of
\nQ:\\COMP\\WATER2\\CLEANWAT.005
\nNovember 27, 2002
\nSec. 506 FEDERAL WATER POLLUTION CONTROL ACT 218
\n1 So in law. See P.L. 100\u20134, sec. 406(d)(2), 101 Stat. 73.
\na copy of the proposed consent judgment by the Attorney General
\nand the Administrator.
\n(d) The court, in issuing any final order in any action brought
\npursuant to this section, may award costs of litigation (including
\nreasonable attorney and expert witness fees) to any prevailing or
\nsubstantially prevailing party, whenever the court determines such
\naward is appropriate. The court may, if a temporary restraining
\norder or preliminary injunction is sought, require the filing of a
\nbond or equivalent security in accordance with the Federal Rules
\nof Civil Procedure.
\n(e) Nothing in this section shall restrict any right which any
\nperson (or class of persons) may have under any statute or common
\nlaw to seek enforcement of any effluent standard or limitation or
\nto seek any other relief (including relief against the Administrator
\nor a State agency).
\n(f) For purposes of this section, the term \u2018\u2018effluent standard or
\nlimitation under this Act\u2019\u2019 means (1) effective July 1, 1973, an unlawful
\nact under subsection (a) of section 301 of this Act; (2) an effluent
\nlimitation or other limitation under section 301 or 302 of
\nthis Act; (3) standard or performance under section 306 of this Act;
\n(4) prohibition, effluent standard or pretreatment standards under
\nsection 307 of this Act; (5) certification under section 401 of this
\nAct; (6) a permit or condition thereof issued under section 402 of
\nthis Act, which is in effect under this Act (including a requirement
\napplicable by reason of section 313 of this Act); or (7) a regulation
\nunder section 405(d) of this Act,.1
\n(g) For the purposes of this section the term \u2018\u2018citizen\u2019\u2019 means
\na person or persons having an interest which is or may be adversely
\naffected.
\n(h) A Governor of a State may commence a civil action under
\nsubsection (a), without regard to the limitations of subsection (b) of
\nthis section, against the Administrator where there is alleged a
\nfailure of the Administrator to enforce an effluent standard or limitation
\nunder this Act the violation of which is occurring in another
\nState and is causing an adverse effect on the public health or welfare
\nin his State, or is causing a violation of any water quality requirement
\nin his State.
\n(33 U.S.C. 1365)
\nAPPEARANCE
\nSEC. 506. The Administrator shall request the Attorney General
\nto appear and represent the United States in any civil or
\ncriminal action instituted under this Act to which the Administrator
\nis a party. Unless the Attorney General notifies the Administrator
\nwithin a reasonable time, that he will appear in a civil action,
\nattorneys who are officers or employees of the Environmental
\nProtection Agency shall appear and represent the United States in
\nsuch action.
\n(33 U.S.C. 1366)
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\nNovember 27, 2002
\n219 FEDERAL WATER POLLUTION CONTROL ACT Sec. 507
\nEMPLOYEE PROTECTION
\nSEC. 507. (a) No person shall fire, or in any other way discriminate
\nagainst, or cause to be fired or discriminated against, any employee
\nor any authorized representative or employees by reason of
\nthe fact that such employee or representative has filed, instituted,
\nor caused to be filed or instituted any proceeding under this Act,
\nor has testified or is about to testify in any proceeding resulting
\nfrom the administration or enforcement of the provisions of this
\nAct.
\n(b) Any employee or a representative of employees who believes
\nthat he has been fired or otherwise discriminated against by any
\nperson in violation of subsection (a) of this section may, within thirty
\ndays after such alleged violation occurs, apply to the Secretary
\nof Labor for a review of such firing or alleged discrimination. A
\ncopy of the application shall be sent to such person who shall be
\nthe respondent. Upon receipt of such application, the Secretary of
\nLabor shall cause such investigation to be made as he deems appropriate.
\nSuch investigation shall provide an opportunity for a
\npublic hearing at the request of any party to such review to enable
\nthe parties to present information relating to such alleged violation.
\nThe parties shall be given written notice of the time and place
\nof the hearing at least five days prior to the hearing. Any such
\nhearing shall be of record and shall be subject to section 554 of title
\n5 of the United States Code. Upon receiving the report of such investigation,
\nthe Secretary of Labor shall make findings of fact. If
\nhe finds that such violation did occur, he shall issue a decision, incorporating
\nan order therein and his findings, requiring the party
\ncommitting such violation to take such affirmative action to abate
\nthe violation as the Secretary of Labor deems appropriate, including,
\nbut not limited to, the rehiring or reinstatement of the employee
\nor representative of employees to his former position with
\ncompensation. If he finds that there was no such violation, he shall
\nissue an order denying the application. Such order issued by the
\nSecretary of Labor under this subparagraph shall be subject to judicial
\nreview in the same manner as orders and decisions of the
\nAdministrator are subject to judicial review under this Act.
\n(c) Whenever an order is issued under this section to abate
\nsuch violation, at the request of the applicant, a sum equal to the
\naggregate amount of all costs and expenses (including the attorney\u2019s
\nfees), as determined by the Secretary of Labor, to have been
\nreasonably incurred by the applicant for, or in connection with, the
\ninstitution and prosecution of such proceedings, shall be assessed
\nagainst the person committing such violation.
\n(d) This section shall have no application to any employee who,
\nacting without direction from his employer (or his agent) deliberately
\nviolates any prohibition of effluent limitation or other limitation
\nunder section 301 or 302 of this Act, standards of performance
\nunder section 306 of this Act, effluent standard, prohibition or
\npretreatment standard under section 307 of this Act, or any other
\nprohibition or limitation established under this Act.
\n(e) The Administrator shall conduct continuing evaluations of
\npotential loss or shifts of employment which may result from the
\nissuance of any effluent limitation or order under this Act, includ-
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\nNovember 27, 2002
\nSec. 508 FEDERAL WATER POLLUTION CONTROL ACT 220
\ning, where appropriate, investigating threatened plant closures or
\nreductions in employment allegedly resulting from such limitation
\nor order. Any employee who is discharged or laid off, threatened
\nwith discharge or lay-off, or otherwise discriminated against by any
\nperson because of the alleged results of any effluent limitation or
\norder issued under this Act, or any representative of such employee,
\nmay request the Administrator to conduct a full investigation
\nof the matter. The Administrator shall thereupon investigate
\nthe matter and, at the request of any party, shall hold public hearings
\non not less than five days notice, and shall at such hearings
\nrequire the parties, including the employer involved, to present information
\nrelating to the actual or potential effect of such limitation
\nor order on employment and on any alleged discharge, lay-off,
\nor other discrimination and the detailed reasons or justification
\ntherefor. Any such hearing shall be of record and shall be subject
\nto section 554 of title 5 of the United States Code. Upon receiving
\nthe report of such investigation, the Administrator shall make findings
\nof fact as to the effect of such effluent limitation or order on
\nemployment and on the alleged discharge, lay-off, or discrimination
\nand shall make such recommendations as he deems appropriate.
\nSuch report, findings, and recommendations shall be available to
\nthe public. Nothing in this subsection shall be construed to require
\nor authorize the Administrator to modify or withdraw any effluent
\nlimitation or order issued under this Act.
\n(33 U.S.C. 1367)
\nFEDERAL PROCUREMENT
\nSEC. 508. (a) No Federal agency may enter into any contract
\nwith any person, who has been convicted of any offense under section
\n309(c) of this Act, for the procurement of goods, materials, and
\nservices if such contract is to be performed at any facility at which
\nthe violation which gave rise to such conviction occurred, and if
\nsuch facility is owned, leased, or supervised by such person. The
\nprohibition in the preceding sentence shall continue until the Administrator
\ncertifies that the condition giving rise to such conviction
\nhas been corrected.
\n(b) The Administrator shall establish procedures to provide all
\nFederal agencies with the notification necessary for the purposes of
\nsubsection (a) of this section.
\n(c) In order to implement the purposes and policy of this Act
\nto protect and enhance the quality of the Nation\u2019s water, the President
\nshall, not more than one hundred and eighty days after enactment
\nof this Act, cause to be issued an order (1) requiring each
\nFederal agency authorized to enter into contracts and each Federal
\nagency which is empowered to extend Federal assistance by way of
\ngrant, loan, or contract to effectuate the purpose and policy of this
\nAct in such contracting or assistance activities, and (2) setting forth
\nprocedures, sanctions, penalties, and such other provisions, as the
\nPresident determines necessary to carry out such requirement.
\n(d) The President may exempt any contract, loan, or grant
\nfrom all or part of the provisions of this section where he determines
\nsuch exemption is necessary in the paramount interest of
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\nNovember 27, 2002
\n221 FEDERAL WATER POLLUTION CONTROL ACT Sec. 509
\nthe United States and he shall notify the Congress of such exemption.
\n(e) The President shall annually report to the Congress on
\nmeasures taken in compliance with the purpose and intent of this
\nsection, including, but not limited to, the progress and problems associated
\nwith such compliance.
\n(f)(1) No certification by a contractor, and no contract clause,
\nmay be required in the case of a contract for the acquisition of commercial
\nitems in order to implement a prohibition or requirement
\nof this section or a prohibition or requirement issued in the implementation
\nof this section.
\n(2) In paragraph (1), the term \u2018\u2018commercial item\u2019\u2019 has the
\nmeaning given such term in section 4(12) of the Office of Federal
\nProcurement Policy Act (41 U.S.C. 403(12)).
\n(33 U.S.C. 1368)
\nADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
\nSEC. 509. (a)(1) For purposes of obtaining information under
\nsection 305 of this Act, or carrying out section 507(e) of this Act,
\nthe Administrator may issue subpenas for the attendance and testimony
\nof witnesses and the production of relevant papers, books,
\nand documents, and he may administer oaths. Except for effluent
\ndata, upon a showing satisfactory to the Administrator that such
\npapers, books, documents, or information or particular part thereof,
\nif made public, would divulge trade secrets or secret processes, the
\nAdministrator shall consider such record, report, or information or
\nparticular portion thereof confidential in accordance with the purposes
\nof section 1905 of title 18 of the United States Code, except
\nthat such paper, book, document, or information may be disclosed
\nto other officers, employees, or authorized representatives of the
\nUnited States concerned with carrying out this Act, or when relevant
\nin any proceeding under this Act. Witnesses summoned shall
\nbe paid the same fees and mileage that are paid witnesses in the
\ncourts of the United States. In case of contumacy or refusal to obey
\na subpena served upon any person under this subsection, the district
\ncourt of the United States for any district in which such person
\nis found or resides or transacts business, upon application by
\nthe United States and after notice to such person, shall have jurisdiction
\nto issue an order requiring such person to appear and give
\ntestimony before the Administrator, to appear and produce papers,
\nbooks, and documents before the Administrator, or both, and any
\nfailure to obey such order of the court may be punished by such
\ncourt as a contempt thereof.
\n(2) The district courts of the United States are authorized,
\nupon application by the Administrator, to issue subpenas for attendance
\nand testimony of witnesses and the production of relevant
\npapers, books, and documents, for purposes of obtaining information
\nunder sections 304 (b) and (c) of this Act. Any papers, books,
\ndocuments, or other information or part thereof, obtained by reason
\nof such a subpena shall be subject to the same requirements as are
\nprovided in paragraph (1) of this subsection.
\n(b)(1) Review of the Administrator\u2019s action (A) in promulgating
\nany standard of performance under section 306, (B) in making any
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\nNovember 27, 2002
\nSec. 510 FEDERAL WATER POLLUTION CONTROL ACT 222
\ndetermination pursuant to section 306(b)(1)(C), (C) in promulgating
\nany effluent standard, prohibition, or pretreatment standard under
\nsection 307, (D) in making any determination as to a State permit
\nprogram submitted under section 402(b), (E) in approving or promulgating
\nany effluent limitation or other limitation under sections
\n301, 302, 306, or 405, (F) in issuing or denying any permit under
\nsection 402, and (G) in promulgating any individual control strategy
\nunder section 304(l), may be had by any interested person in
\nthe Circuit Court of Appeals of the United States for the Federal
\njudicial district in which such person resides or transacts business
\nwhich is directly affected by such action upon application by such
\nperson. Any such application shall be made within 120 days from
\nthe date of such determination, approval, promulgation, issuance or
\ndenial, or after such date only if such application is based solely
\non grounds which arose after such 120th day.
\n(2) Action of the Administrator with respect to which review
\ncould have been obtained under paragraph (1) of this subsection
\nshall not be subject to judicial review in any civil or criminal proceeding
\nfor enforcement.
\n(3) AWARD OF FEES.\u2014In any judicial proceeding under this
\nsubsection, the court may award costs of litigation (including
\nreasonable attorney and expert witness fees) to any prevailing
\nor substantially prevailing party whenever it determines that
\nsuch award is appropriate.
\n(c) In any judicial proceeding brought under subsection (b) of
\nthis section in which review is sought of a determination under this
\nAct required to be made on the record after notice and opportunity
\nfor hearing, if any party applies to the court for leave to adduce
\nadditional evidence, and shows to the satisfaction of the court that
\nsuch additional evidence is material and that there were reasonable
\ngrounds for the failure to adduce such evidence in the proceeding
\nbefore the Administrator, the court may order such additional
\nevidence (and evidence in rebuttal thereof) to be taken before
\nthe Administrator, in such manner and upon such terms and conditions
\nas the court may deem proper. The Administrator may modify
\nhis findings as to the facts, or make new findings, by reason of the
\nadditional evidence so taken and he shall file such modified or new
\nfindings, and his recommendation, if any, for the modification or
\nsetting aside of his original determination with the return of such
\nadditional evidence.
\n(33 U.S.C. 1369)
\nSTATE AUTHORITY
\nSEC. 510. Except as expressly provided in this Act, nothing in
\nthis Act shall (1) preclude or deny the right of any State or political
\nsubdivision thereof or interstate agency to adopt or enforce (A) any
\nstandard or limitation respecting discharges of pollutants, or (B)
\nany requirement respecting control or abatement of pollution; except
\nthat if an effluent limitation, or other limitation, effluent
\nstandard, prohibition, pretreatment standard, or standard of performance
\nis in effect under this Act, such State or political subdivision
\nor interstate agency may not adopt or enforce any effluent limitation,
\nor other limitation, effluent standard, prohibition,
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\nNovember 27, 2002
\n223 FEDERAL WATER POLLUTION CONTROL ACT Sec. 511
\npretreatment standard, or standard of performance which is less
\nstringent than the effluent limitation, or other limitation, effluent
\nstandard prohibition, pretreatment standard, or standard of performance
\nunder this Act; or (2) be construed as impairing or in any
\nmanner affecting any right or jurisdiction of the States with respect
\nto the waters (including boundary waters) of such States.
\n(33 U.S.C. 1370)
\nOTHER AFFECTED AUTHORITY
\nSEC. 511. (a) This Act shall not be construed as (1) limiting the
\nauthority or functions of any officer or agency of the United States
\nunder any other law or regulation not inconsistent with this Act;
\n(2) affecting or impairing the authority of the Secretary of the
\nArmy (A) to maintain navigation or (B) under the Act of March 3,
\n1899 (30 Stat. 1112); except that any permit issued under section
\n404 of this Act shall be conclusive as to the effect on water quality
\nof any discharge resulting from any activity subject to section 10
\nof the Act of March 3, 1899, or (3) affecting or impairing the provisions
\nof any treaty of the United States.
\n(b) Discharges of pollutants into the navigable waters subject
\nto the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421)
\nand the Supervisory Harbors, Act of 1888 (25 Stat. 209; 33 U.S.C.
\n441\u2013451b) shall be regulated pursuant to this Act, and not subject
\nto such Act of 1910 and the Act of 1888 except as to effect on navigation
\nand anchorage.
\n(c)(1) Except for the provision of Federal financial assistance
\nfor the purpose of assisting the construction of publicly owned
\ntreatment works as authorized by section 201 of this Act, and the
\nissuance of a permit under section 402 of this Act for the discharge
\nof any pollutant by a new source as defined in section 306 of this
\nAct, no action of the Administrator taken pursuant to this Act shall
\nbe deemed a major Federal action significantly affecting the quality
\nof the human environment within the meaning of the National Environmental
\nPolicy Act of 1969 (83 Stat. 852); and
\n(2) Nothing in the National Environmental Policy Act of 1969
\n(83 Stat. 852) shall be deemed to\u2014
\n(A) authorize any Federal agency authorized to license or
\npermit the conduct of any activity which may result in the discharge
\nof a pollutant into the navigable waters to review any
\neffluent limitation or other requirement established pursuant
\nto this Act or the adequacy of any certification under section
\n401 of ths Act; or
\n(B) authorize any such agency to impose, as a condition
\nprecedent to the issuance of any license or permit, any effluent
\nlimitation other than any such limitation established pursuant
\nto this Act.
\n(d) Notwithstanding this Act or any other provisions of law, the
\nAdministrator (1) shall not require any State to consider in the development
\nof the ranking in order of priority of needs for the construction
\nof treatment works (as defined in title II of this Act), any
\nwater pollution control agreement which may have been entered
\ninto between the United States and any other nation, and (2) shall
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\nNovember 27, 2002
\nSec. 512 FEDERAL WATER POLLUTION CONTROL ACT 224
\nnot consider any such agreement in the approval of any such priority
\nranking.
\n(33 U.S.C. 1371)
\nSEPARABILITY
\nSEC. 512. If any provision of this Act, or the application of any
\nprovision of this Act to any person or circumstance, is held invalid,
\nthe application of such provision to other persons or circumstances,
\nand the remainder of this Act shall not be affected thereby.
\n(33 U.S.C. 1251 note)
\nLABOR STANDARDS
\nSEC. 513. The Administrator shall take such action as may be
\nnecessary to insure that all laborers and mechanics employed by
\ncontractors or subcontractors on treatment works for which grants
\nare made under this Act shall be paid wages at rates not less than
\nthose prevailing for the same type of work on similar construction
\nin the immediate locality, as determied by the Secretry of Labor,
\nin accordance with the Act of March 3, 1931, as amended, known
\nas the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., sec. 276a through
\n276a\u20135). The Secretary of Labor shall have, with respect to the
\nlabor standards specified in this subsection, the authority and functions
\nset forth in Reorganization Plan Numbered 14 of 1950 (15
\nF.R. 3176) and section 2 of the Act of June 13, 1934, as amended
\n(48 Stat. 948; 40 U.S.C. 276c).
\n(33 U.S.C. 1372)
\nPUBLIC HEALTH AGENCY COORDINATION
\nSEC. 514. The permitting agency under section 402 shall assist
\nthe applicant for a permit under such section in coordinating the
\nrequirements of this Act with those of the appropriate public health
\nagencies.
\n(33 U.S.C. 1373)
\nEFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY
\nCOMMITTEE
\nSEC. 515. (a)(1) There is established on Effluent Standards and
\nWater Quality Information Advisory Committee, which shall be
\ncomposed of a Chairman and eight members who shall be appointed
\nby the Administrator within sixty days after the date of enactment
\nof this Act.
\n(2) All members of the Committee shall be selected from the
\nscientific community, qualified by education, training, and experience
\nto provide assess, and evaluate scientific and technical information
\non effluent standards and limitations.
\n(3) Members of the Committee shall serve for a term of four
\nyears, and may be reappointed.
\n(b)(1) No later than one hundred and eighty days prior to the
\ndate on which the Administrator is required to publish any proposed
\nregulations required by section 304(b) of this Act, any proposed
\nstandard of performance for new sources required by section
\n306 of this Act, or any proposed toxic effluent standard required by
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\nNovember 27, 2002
\n225 FEDERAL WATER POLLUTION CONTROL ACT Sec. 516
\nsection 307 of this Act, he shall transmit to the Committee a notice
\nof intent to propose such regulations. The Chairman of the Committee
\nwithin ten days after receipt of such notice may publish a
\nnotice of a public hearing by the Committee, to be held within thirty
\ndays.
\n(2) No later than one hundred and twenty days after receipt
\nof such notice, the Committee shall transmit to the Administrator
\nsuch scientific and technical information as is in its possession, including
\nthat presented at any public hearing, related to the subject
\nmatter contained in such notice.
\n(3) Information so transmitted to the Administrator shall constitute
\na part of the administrative record and comments on any
\nproposed regulations or standards as information to be considered
\nwith other comments and information in making any final determinations.
\n(4) In preparing information for transmittal, the Committee
\nshall avail itself of the technical and scientific services of any Federal
\nagency, including the United States Geological Survey and any
\nnational environmental laboratories which may be established.
\n(c)(1) The Committee shall appoint and prescribe the duties of
\na Secretary, and such legal counsel as it deems necessary. The
\nCommittee shall appoint such other employees as it deems necessary
\nto exercise and fulfill its powers and responsibilities. The
\ncompensation of all employees appointed by the Committee shall be
\nfixed in accordance with chapter 51 and subchapter III of chapter
\n53 of title V of the United States Code.
\n(2) Members of the Committee shall be entitled to receive compensation
\nat a rate to be fixed by the President but not in excess
\nof the maximum rate of pay grade for GS\u201318, as provided in the
\nGeneral Schedule under section 5332 of title V of the United States
\nCode.
\n(d) Five members of the Committee shall constitute a quorum,
\nand official actions of the Committee shall be taken only on the affirmative
\nvote of at least five members. A special panel composed
\nof one or more members upon order of the Committee shall conduct
\nany hearing authorized by this section and submit the transcript
\nof such hearing to the entire Committee for its action thereon.
\n(e) The Committee is authorized to make such rules as are necessary
\nfor the orderly transaction of its business.
\n(33 U.S.C. 1374)
\nREPORTS TO CONGRESS
\nSEC. 516. The Administrator, in cooperation with the States,
\nincluding water pollution control agencies and other water pollution
\ncontrol planning agencies, shall make (1) a detailed estimate
\nof the cost of carrying out the provisions of this Act; (2) a detailed
\nestimate, biennially revised, of the cost of construction of all needed
\npublicly owned treatment works in all of the States and of the cost
\nof construction of all needed publicly owned treatment works in
\neach of the States; (3) a comprehensive study of the economic impact
\non affected units of government of the cost of installation of
\ntreatment facilities; and (4) a comprehensive analysis of the national
\nrequirements for and the cost of treating municipal, indus-
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\nNovember 27, 2002
\nSec. 517 FEDERAL WATER POLLUTION CONTROL ACT 226
\ntrial, and other effluent to attain the water quality objectives as established
\nby this Act or applicable State law. The Administrator
\nshall submit such detailed estimate and such comprehensive study
\nof such cost to the Congress no later than February 10 of each oddnumbered
\nyear. Whenever the Administrator, pursuant to this subsection,
\nrequests and receives an estimate of cost from a State, he
\nshall furnish copies of such estimate together with such detailed
\nestimate to Congress.
\n(33 U.S.C. 1375)
\nGENERAL AUTHORIZATION
\nSEC. 517. There are authorized to be appropriated to carry out
\nthis Act, other than sections 104, 105, 106(a), 107, 108, 112, 113,
\n114, 115, 206, 207, 208 (f) and (h), 209, 304, 311 (c), (d), (i), (l), and
\n(k), 314, 315, and 317, $250,000,000 for the fiscal year ending June
\n30, 1973, $300,000,000 for the fiscal year ending June 30, 1974,
\n$350,000,000 for the fiscal year ending June 30, 1975, $100,000,000
\nfor the fiscal year ending September 30, 1977, $150,000,000 for the
\nfiscal year ending September 30, 1978, $150,000,000 for the fiscal
\nyear ending September 30, 1979, $150,000,000 for the fiscal year
\nending September 30, 1980, $150,000,000 for the fiscal year ending
\nSeptember 30, 1981, $161,000,000 for the fiscal year ending September
\n30, 1982, such sums as may be necessary for fiscal years
\n1983 through 1985, and $135,000,000 per fiscal year for each of the
\nfiscal years 1986 through 1990.
\n(33 U.S.C. 1376)
\nSEC. 518. INDIAN TRIBES.
\n(a) POLICY.\u2014Nothing in this section shall be construed to affect
\nthe application of section 101(g) of this Act, and all of the provisions
\nof this section shall be carried out in accordance with the provisions
\nof such section 101(g). Indian tribes shall be treated as
\nStates for purposes of such section 101(g).
\n(b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.\u2014The
\nAdministrator, in cooperation with the Director of the Indian
\nHealth Service, shall assess the need for sewage treatment works
\nto serve Indian tribes, the degree to which such needs will be met
\nthrough funds allotted to States under section 205 of this Act and
\npriority lists under section 216 of this Act, and any obstacles which
\nprevent such needs from being met. Not later than one year after
\nthe date of the enactment of this section, the Administrator shall
\nsubmit a report to Congress on the assessment under this subsection,
\nalong with recommendations specifying (1) how the Administrator
\nintends to provide assistance to Indian tribes to develop
\nwaste treatment management plans and to construct treatment
\nworks under this Act, and (2) methods by which the participation
\nin and administration of programs under this Act by Indian tribes
\ncan be maximized.
\n(c) RESERVATION OF FUNDS.\u2014The Administrator shall reserve
\neach fiscal year beginning after September 30, 1986, before allotments
\nto the States under section 205(e), one-half of one percent
\nof the sums appropriated under section 207. Sums reserved under
\nthis subsection shall be available only for grants for the develoment
\nof waste treatment management plans and for the construction of
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\nNovember 27, 2002
\n227 FEDERAL WATER POLLUTION CONTROL ACT Sec. 518
\nsewage treatment works to serve Indian tribes, as defined in subsection
\n(h) and former Indian reservations in Oklahoma (as determined
\nby the Secretary of the Interior) and Alaska Native Villages
\nas defined in Public Law 92\u2013203.
\n(d) COOPERATIVE AGREEMENTS.\u2014In order to ensure the consistent
\nimplementation of the requirements of this Act, an Indian
\ntribe and the State or States in which the lands of such tribe are
\nlocated may enter into a cooperative agreement, subject to the review
\nand approval of the Administrator, to jointly plan and administer
\nthe requirements of this Act.
\n(e) TREATMENT AS STATES.\u2014The Administrator is authorized to
\ntreat an Indian tribe as a State for purposes of title II and sections
\n104, 106, 303, 305, 308, 309, 314, 319, 401, 402, 404, and 406 of
\nthis Act to the degree necessary to carry out the objectives of this
\nsection, but only if\u2014
\n(1) the Indian tribe has a governing body carrying out substantial
\ngovernmental duties and powers;
\n(2) the functions to be exercised by the Indian tribe pertain
\nto the management and protection of water resources which
\nare held by an Indian tribe, held by the United States in trust
\nfor Indians, held by a member of an Indian tribe if such property
\ninterest is subject to a trust restriction on alienation, or
\notherwise within the borders of an Indian reservation; and
\n(3) the Indian tribe is reasonably expected to be capable,
\nin the Administrator\u2019s judgment, of carrying out the functions
\nto be exercised in a manner consistent with the terms and purposes
\nof this Act and of all applicable regulations.
\nSuch treatment as a State may include the direct provision of
\nfunds reserved under subsection (c) to the governing bodies of Indian
\ntribes, and the determination of priorities by Indian tribes,
\nwhere not determined by the Administrator in cooperation with the
\nDirector of the Indian Health Service. The Administrator, in cooperation
\nwith the Director of the Indian Health Service, is authorized
\nto make grants under title II of this Act in an amount not to
\nexceed 100 percent of the cost of a project. Not later than 18
\nmonths after the date of the enactment of this section, the Administrator
\nshall, in consultation with Indian tribes, promulgate final
\nregulations which specify how Indian tribes shall be treated as
\nStates for purposes of this Act. The Administrator shall, in promulgating
\nsuch regulations, consult affected States sharing common
\nwater bodies and provide a mechanism for the resolution of any unreasonable
\nconsequences that may arise as a result of differing
\nwater quality standards that may be set by States and Indian
\ntribes located on common bodies of water. Such mechanism shall
\nprovide for explicit consideration of relevant factors including, but
\nnot limited to, the effects of differing water quality permit requirements
\non upstream and downstream dischargers, economic impacts,
\nand present and historical uses and quality of the waters
\nsubject to such standards. Such mechanism should provide for the
\navoidance of such unreasonable consequences in a manner consistent
\nwith the objective of this Act.
\n(f) GRANTS FOR NONPOINT SOURCE PROGRAMS.\u2014The Administrator
\nshall make grants to an Indian tribe under section 319 of
\nthis Act as though such tribe was a State. Not more than one-third
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\nSec. 519 FEDERAL WATER POLLUTION CONTROL ACT 228
\n1 Probably should be subsection (e).
\nof one percent of the amount appropriated for any fiscal year under
\nsection 319 may be used to make grants under this subsection. In
\naddition to the requirements of section 319, an Indian tribe shall
\nbe required to meet the requirements of paragraphs (1), (2), and (3)
\nof subsection (d) 1 of this section in order to receive such a grant.
\n(g) ALASKA NATIVE ORGANIZATIONS.\u2014No provision of this Act
\nshall be construed to\u2014
\n(1) grant, enlarge, or diminish, or in any way affect the
\nscope of the governmental authority, if any, of any Alaska Native
\norganization, including any federally-recognized tribe, traditional
\nAlaska Native council, or Native council organized
\npursuant to the Act of June 18, 1934 (48 Stat. 987), over lands
\nor persons in Alaska;
\n(2) create or validate any assertion by such organization or
\nany form of governmental authority over lands or persons in
\nAlaska; or
\n(3) in any way affect any assertion that Indian country, as
\ndefined in section 1151 of title 18, United States Code, exists
\nor does not exist in Alaska.
\n(h) DEFINITIONS.\u2014For purposes of this section, the term\u2014
\n(1) \u2018\u2018Federal Indian reservation\u2019\u2019 means all land within the
\nlimits of any Indian reservation under the jurisdiction of the
\nUnited States Government, notwithstanding the issuance of
\nany patent, and including rights-of-way running through the
\nreservation; and
\n(2) \u2018\u2018Indian tribe\u2019\u2019 means any Indian tribe, band, group, or
\ncommunity recognized by the Secretary of the Interior and exercising
\ngovernmental authority over a Federal Indian reservation.
\n(33 U.S.C. 1377)
\nSHORT TITLE
\nSEC. 519. This Act may be cited as the \u2018\u2018Federal Water Pollution
\nControl Act\u2019\u2019 (commonly referred to as the Clean Water Act).
\n(33 U.S.C. 1251 note)
\nTITLE VI\u2014STATE WATER POLLUTION CONTROL
\nREVOLVING FUNDS
\nSEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING
\nFUNDS.
\n(a) GENERAL AUTHORITY.\u2014Subject to the provisions of this
\ntitle, the Administrator shall make capitalization grants to each
\nState for the purpose of establishing a water pollution control revolving
\nfund for providing assistance (1) for construction of treatment
\nworks (as defined in section 212 of this Act) which are publicly
\nowned, (2) for implementing a management program under
\nsection 319, and (3) for developing and implementing a conservation
\nand management plan under section 320.
\n(b) SCHEDULE OF GRANT PAYMENTS.\u2014The Administrator and
\neach State shall jointly establish a schedule of payments under
\nwhich the Administrator will pay to the State the amount of each
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\nNovember 27, 2002
\n229 FEDERAL WATER POLLUTION CONTROL ACT Sec. 602
\ngrant to be made to the State under this title. Such schedule shall
\nbe based on the State\u2019s intended use plan under section 606(c) of
\nthis Act, except that\u2014
\n(1) such payments shall be made in quarterly installments,
\nand
\n(2) such payments shall be made as expeditiously as possible,
\nbut in no event later than the earlier of\u2014
\n(A) 8 quarters after the date such funds were obligated
\nby the State, or
\n(B) 12 quarters after the date such funds were allotted
\nto the State.
\n(33 U.S.C. 1381)
\nSEC. 602. CAPITALIZATION GRANT AGREEMENTS.
\n(a) GENERAL RULE.\u2014To receive a capitalization grant with
\nfunds made available under this title and section 205(m) of this
\nAct, a State shall enter into an agreement with the Administrator
\nwhich shall include but not be limited to the specifications set forth
\nin subsection (b) of this section.
\n(b) SPECIFIC REQUIREMENTS.\u2014The Administrator shall enter
\ninto an agreement under this section with a State only after the
\nState has established to the satisfaction of the Administrator
\nthat\u2014
\n(1) the State will accept grant payments with funds to be
\nmade available under this title and section 205(m) of this Act
\nin accordance with a payment schedule established jointly by
\nthe Administrator under section 601(b) of this Act and will deposit
\nall such payments in the water pollution control revolving
\nfund established by the State in accordance with this title;
\n(2) the State will deposit in the fund from State moneys
\nan amount equal to at least 20 percent of the total amount of
\nall capitalization grants which will be made to the State with
\nfunds to be made available under this title and section 205(m)
\nof this Act on or before the date on which each quarterly grant
\npayment will be made to the State under this title;
\n(3) the State will enter into binding commitments to provide
\nassistance in accordance with the requirements of this
\ntitle in an amount equal to 120 percent of the amount of each
\nsuch grant payment within 1 year after the receipt of such
\ngrant payment;
\n(4) all funds in the fund will be expended in an expeditious
\nand timely manner;
\n(5) all funds in the fund as a result of capitalization grants
\nunder this title and section 205(m) of this Act will first be used
\nto assure maintenance of progress, as determined by the Governor
\nof the State, toward compliance with enforceable deadlines,
\ngoals, and requirements of this Act, including the municipal
\ncompliance deadline;
\n(6) treatment works eligible under section 603(c)(1) of this
\nAct which will be constructed in whole or in part before fiscal
\nyear 1995 with funds directly made available by capitalization
\ngrants under this title and section 205(m) of this Act will meet
\nthe requirements of, or otherwise be treated (as determined by
\nthe Governor of the State) under sections 201(b), 201(g)(1),
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\nNovember 27, 2002
\nSec. 603 FEDERAL WATER POLLUTION CONTROL ACT 230
\n1 See section 104B of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
\n1414G) for additional amounts that are to be deposited into a State\u2019s fund and treatment of such
\ndeposits.
\n2 Section 1006 of the Ocean Dumping Ban Act of 1988 (P.L. 100\u2013688) is as follows:
\nSEC. 1066. USE OF STATE WATER POLLUTION CONTROL REVOLVING FUND
\nGRANTS FOR DEVELOPING ALTERNATIVE SYSTEMS.
\n(a) GENERAL REQUIREMENT.\u2014Notwithstanding the provisions of title VI of the Federal Water
\nPollution Control Act, each of the States of New York and New Jersey shall use 10 percent of
\nthe amount of a grant payment made to such State under such title for each of the fiscal years
\n1990 and 1991 and 10 percent of the State\u2019s contribution associated with such grant payment
\nin the 6-month period beginning on the date of receipt of such grant payment for making loans
\n201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(1), 201(o),
\n204(a)(1), 204(a)(2), 204(b)(1), 204(d)(2), 211, 218, 511(c)(1), and
\n513 of this Act in the same manner as treatment works constructed
\nwith assistance under title II of this Act;
\n(7) in addition to complying with the requirements of this
\ntitle, the State will commit or expend each quarterly grant
\npayment which it will receive under this title in accordance
\nwith laws and procedures applicable to the commitment or expenditure
\nof revenues of the State;
\n(8) in carrying out the requirements of section 606 of this
\nAct, the State will use accounting, audit, and fiscal procedures
\nconforming to generally accepted government accounting
\nstandards;
\n(9) the State will require as a condition of making a loan
\nor providing other assistance, as described in section 603(d) of
\nthis Act, from the fund that the recipient of such assistance
\nwill maintain project accounts in accordance with generally accepted
\ngovernment accounting standards; and
\n(10) the State will make annual reports to the Administrator
\non the actual use of funds in accordance with section
\n606(d) of this Act.
\n(33 U.S.C. 1382)
\nSEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.1
\n(a) REQUIREMENTS FOR OBLIGATION OF GRANT FUNDS.\u2014Before
\na State may receive a capitalization grant with funds made available
\nunder this title and section 205(m) of this Act, the State shall
\nfirst establish a water pollution control revolving fund which complies
\nwith the requirements of this section.
\n(b) ADMINISTRATOR.\u2014Each State water pollution control revolving
\nfund shall be administered by an instrumentality of the State
\nwith such powers and limitations as may be required to operate
\nsuch fund in accordance with the requirements and objectives of
\nthis Act.
\n(c) PROJECTS ELIGIBLE FOR ASSISTANCE.\u2014The amounts of
\nfunds available to each State water pollution control revolving fund
\nshall be used only for providing financial assistance (1) to any municipality,
\nintermunicipal, interstate, or State agency for construction
\nof publicly owned treatment works (as defined in section 212
\nof this Act), (2) for the implementation of a management program
\nestablished under section 319 of this Act, and (3) for development
\nand implementation of a conservation and management plan under
\nsection 320 of this Act. The fund shall be established, maintained,
\nand credited with repayments, and the fund balance shall be available
\nin perpetuity for providing such financial assistance. 2
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\nNovember 27, 2002
\n231 FEDERAL WATER POLLUTION CONTROL ACT Sec. 603
\nand providing other assistance as described in section 603(d) of the Federal Water Pollution
\nControl Act to any governmental entity in such State which has entered into a compliance
\nagreement or enforcement agreement under section 104B of the Marine Protection, Research,
\nand Sanctuaries Act of 1972 for identifying, developing, and implementing pursuant to such section
\nalternative systems for management of sewage sludge.
\n(b) LIMITATION.\u2014If, after the last day of the 6-month period beginning on the date of receipt
\nof a grant payment by the State of New York or New Jersey under title VI of the Federal Water
\nPollution Control Act for each of fiscal years 1990 and 1991, 10 percent of the amount of such
\ngrant payment and the State\u2019s contribution associated with such grant payment has not been
\nused for providing assistance described in subsection (a) as a result of insufficient applications
\nfor such assistance from persons eligible for such assistance, the 10 percent limitations set forth
\nin subsection (a) shall not be applicable with respect to such grant payment and associated State
\ncontribution.
\n(d) TYPES OF ASSISTANCE.\u2014Except as otherwise limited by
\nState law, a water pollution control revolving fund of a State under
\nthis section may be used only\u2014
\n(1) to make loans, on the condition that\u2014
\n(A) such loans are made at or below market interest
\nrates, including interest free loans, at terms not to exceed
\n20 years;
\n(B) annual principal and interest payments will commence
\nnot later than 1 year after completion of any project
\nand all loans will be fully amortized not later than 20
\nyears after project completion;
\n(C) the recipient of a loan will establish a dedicated
\nsource of revenue for repayment of loans; and
\n(D) the fund will be credited with all payments of principal
\nand interest on all loans;
\n(2) to buy or refinance the debt obligation of municipalities
\nand intermunicipal and interstate agencies within the State at
\nor below market rates, where such debt obligations were incurred
\nafter March 7, 1985;
\n(3) to guarantee, or purchase insurance for, local obligations
\nwhere such action would improve credit market access or
\nreduce interest rates;
\n(4) as a source of revenue or security for the payment of
\nprincipal and interest on revenue or general obligation bonds
\nissued by the State if the proceeds of the sale of such bonds
\nwill be deposited in the fund;
\n(5) to provide loan guarantees for similar revolving funds
\nestablished by municipalities or intermunicipal agencies;
\n(6) to earn interest on fund accounts; and
\n(7) for the reasonable costs of administering the fund and
\nconducting activities under this title, except that such amounts
\nshall not exceed 4 percent of all grant awards to such fund
\nunder this title.
\n(e) LIMITATION TO PREVENT DOUBLE BENEFITS.\u2014If a State
\nmakes, from its water pollution revolving fund, a loan which will
\nfinance the cost of facility planning and the preparation of plans,
\nspecifications, and estimates for construction of publicly owned
\ntreatment works, the State shall ensure that if the recipient of
\nsuch loan receives a grant under section 201(g) of this Act for construction
\nof such treatment works and an allowance under section
\n201(l)(1) of this Act for non-federal funds expended for such planning
\nand preparation, such recipient will promptly repay such loan
\nto the extent of such allowance.
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\nNovember 27, 2002
\nSec. 604 FEDERAL WATER POLLUTION CONTROL ACT 232
\n(f) CONSISTENCY WITH PLANNING REQUIREMENTS.\u2014A State
\nmay provide financial assistance from its water pollution control
\nrevolving fund only with respect to a project which is consistent
\nwith plans, if any, developed under sections 205(j), 208, 303(e), 319,
\nand 320 of this Act.
\n(g) PRIORITY LIST REQUIREMENT.\u2014The State may provide financial
\nassistance from its water pollution control revolving fund
\nonly with respect to a project for construction of a treatment works
\ndescribed in subsection (c)(1) if such project is on the State\u2019s priority
\nlist under section 216 of this Act. Such assistance may be provided
\nregardless of the rank of such project on such list.
\n(h) ELIGIBILITY OF NON-FEDERAL SHARE OF CONSTRUCTION
\nGRANT PROJECTS.\u2014A State water pollution control revolving fund
\nmay provide assistance (other than under subsection (d)(1) of this
\nsection) to a municipality or intermunicipal or interstate agency
\nwith respect to the non-Federal share of the costs of a treatment
\nworks project for which such municipality or agency is receiving assistance
\nfrom the Administrator under any other authority only if
\nsuch assistance is necessary to allow such project to proceed.
\n(33 U.S.C. 1383)
\nSEC. 604. ALLOTMENT OF FUNDS.
\n(a) FORMULA.\u2014Sums authorized to be appropriated to carry
\nout this section for each of fiscal years 1989 and 1990 shall be allotted
\nby the Administrator in accordance with section 205(c) of
\nthis Act.
\n(b) RESERVATION OF FUNDS FOR PLANNING.\u2014Each State shall
\nreserve each fiscal year 1 percent of the sums allotted to such State
\nunder this section for such fiscal year, or $100,000, whichever
\namount is greater, to carry out planning under sections 205(j) and
\n303(e) of this Act.
\n(c) ALLOTMENT PERIOD.\u2014
\n(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.\u2014Sums allotted
\nto a State under this section for a fiscal year shall be
\navailable for obligation by the State during the fiscal year for
\nwhich sums are authorized and during the following fiscal
\nyear.
\n(2) REALLOTMENT OF UNOBLIGATED FUNDS.\u2014The amount of
\nany allotment not obligated by the State by the last day of the
\n2-year period of availability established by paragraph (1) shall
\nbe immediately reallotted by the Administrator on the basis of
\nthe same ratio as is applicable to sums allotted under title II
\nof this Act for the second fiscal year of such 2-year period.
\nNone of the funds reallotted by the Administrator shall be reallotted
\nto any State which has not obligated all sums allotted
\nto such State in the first fiscal year of such 2-year period.
\n(33 U.S.C. 1384)
\nSEC. 605. CORRECTIVE ACTION.
\n(a) NOTIFICATION OF NONCOMPLIANCE.\u2014If the Administrator
\ndetermines that a State has not complied with its agreement with
\nthe Administrator under section 602 of this Act or any other requirement
\nof this title, the Administrator shall notify the State of
\nsuch noncompliance and the necessary corrective action.
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\nNovember 27, 2002
\n233 FEDERAL WATER POLLUTION CONTROL ACT Sec. 606
\n(b) WITHHOLDING OF PAYMENTS.\u2014If a State does not take corrective
\naction within 60 days after the date<\/p>\n
\nof such action under subsection (a), the Administrator shall
\nwithhold additional payments to the State until the Administrator
\nis satisfied that the State has taken the necessary corrective action.
\n(c) REALLOTMENT OF WITHHELD PAYMENTS.\u2014If the Administrator
\nis not satisfied that adequate corrective actions have been
\ntaken by the State within 12 months after the State is notified of
\nsuch actions under subsection (a), the payments withheld from the
\nState by the Administrator under subsection (b) shall be made
\navailable for reallotment in accordance with the most recent formula
\nfor allotment of funds under this title.
\n(33 U.S.C. 1385)
\nSEC. 606. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE
\nPLAN.
\n(a) FISCAL CONTROL AND AUDITING PROCEDURES.\u2014Each State
\nelecting to establish a water pollution control revolving fund under
\nthis title shall establish fiscal controls and accounting procedures
\nsufficient to assure proper accounting during appropriate accounting
\nperiods for\u2014
\n(1) payments received by the fund;
\n(2) disbursements made by the fund; and
\n(3) fund balances at the beginning and end of the accounting
\nperiod.
\n(b) ANNUAL FEDERAL AUDITS.\u2014The Administrator shall, at
\nleast on an annual basis, conduct or require each State to have
\nindependently conducted reviews and audits as may be deemed
\nnecessary or appropriate by the Administrator to carry out the objectives
\nof this section. Audits of the use of funds deposited in the
\nwater pollution revolving fund established by such State shall be
\nconducted in accordance with the auditing procedures of the General
\nAccounting Office, including chapter 75 of title 31, United
\nStates Code.
\n(c) INTENDED USE PLAN.\u2014After providing for public comment
\nand review, each State shall annually prepare a plan identifying
\nthe intended uses of the amounts available to its water pollution
\ncontrol revolving fund. Such intended use plan shall include, but
\nnot be limited to\u2014
\n(1) a list of those projects for construction of publicly
\nowned treatment works on the State\u2019s priority list developed
\npursuant to section 216 of this Act and a list of activities eligible
\nfor assistance under sections 319 and 320 of this Act;
\n(2) a description of the short- and long-term goals and objectives
\nof its water pollution control revolving fund;
\n(3) information on the activities to be supported, including
\na description of project categories, discharge requirements
\nunder titles III and IV of this Act, terms of financial assistance,
\nand communities served;
\n(4) assurances and specific proposals for meeting the requirements
\nof paragraphs (3), (4), (5), and (6) of section 602(b)
\nof this Act; and
\n(5) the criteria and method established for the distribution
\nof funds.
\nQ:\\COMP\\WATER2\\CLEANWAT.006
\nNovember 27, 2002
\nSec. 607 FEDERAL WATER POLLUTION CONTROL ACT 234
\n(d) ANNUAL REPORT.\u2014Beginning the first fiscal year after the
\nreceipt of payments under this title, the State shall provide an annual
\nreport to the Administrator describing how the State has met
\nthe goals and objectives for the previous fiscal year as identified in
\nthe plan prepared for the previous fiscal year pursuant to subsection
\n(c), including identification of loan recipients, loan amounts,
\nand loan terms and similar details on other forms of financial assistance
\nprovided from the water pollution control revolving fund.
\n(e) ANNUAL FEDERAL OVERSIGHT REVIEW.\u2014The Administrator
\nshall conduct an annual oversight review of each State plan prepared
\nunder subsection (c), each State report prepared under subsection
\n(d), and other such materials as are considered necessary
\nand appropriate in carrying out the purposes of this title. After reasonable
\nnotice by the Administrator to the State or the recipient of
\na loan from a water pollution control revolving fund, the State or
\nloan recipient shall make available to the Administrator such
\nrecords as the Administrator reasonably requires to review and determine
\ncompliance with this title.
\n(f) APPLICABILITY OF TITLE II PROVISIONS.\u2014Except to the extent
\nprovided in this title, the provisions of title II shall not apply
\nto grants under this title.
\n(33 U.S.C. 1386)
\nSEC. 607. AUTHORIZATION OF APPROPRIATIONS.
\nThere is authorized to be appropriated to carry out the purposes
\nof this title the following sums:
\n(1) $1,200,000,000 per fiscal year for each of fiscal year
\n1989 and 1990;
\n(2) $2,400,000,000 for fiscal year 1991;
\n(3) $1,800,000,000 for fiscal year 1992;
\n(4) $1,200,000,000 for fiscal year 1993; and
\n(5) $600,000,000 for fiscal year 1994.
\n(33 U.S.C. 1387)
\nQ:\\COMP\\WATER2\\CLEANWAT.006
\nNovember 27,<\/p>\n","protected":false},"excerpt":{"rendered":"