H.R. 3544 (112th): To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes.

Introduced:
Dec 01, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Tom McClintock [R-CA4]
Status:
Died (Referred to Committee)
See Instead:
This bill was re-introduced as H.R. 202 on Jan 04, 2013. See H.R. 202 for current action on this subject.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on December 1, 2011, in a previous session of Congress, but was not enacted.

Progress
Introduced Dec 01, 2011
Referred to Committee Dec 01, 2011
Cosponsors
none
Committees

House Transportation and Infrastructure

The committee chair determines whether a bill will move past the committee stage.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Dec 01, 2011.
6 pages

Primary Source

View on THOMAS (The Library of Congress)

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

12/1/2011--Introduced.
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW):
(1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance document entitled "A General Design for SNC Redefinition Enhancement in PCS," or
(2) that is in significant non-compliance based on a manual designation as defined by such guidance document.
Prohibits liability for an unlawful discharge of a pollutant from a POTW for a person who can establish by a preponderance of the evidence that the immediate cause of such discharge and any damages was:
(1) an act of God;
(2) an act of war; or
(3) an act or omission of a third party other than an employee or agent of such person or one whose act or omission occurs in connection with a contractual relationship with such person, if such person exercised due care and took precautions against foreseeable acts or omissions of such third party and the consequences that could foreseeably result from such acts or omissions.
Requires the Administrator of EPA or a state to provide a 60-day waiting period between the notice of a violation of such Act by a POTW and the issuance of a civil penalty.
Prohibits the Administrator from assessing a penalty for a violation if the POTW submits a viable plan for correcting the non-compliance within such period and thereafter implements such plan.
Requires any permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to have a 15-year (currently five-year) term.
Limits attorney fees with respect to actions involving POTWs to the prevailing fees in the community.
Requires any new or increased treatment requirement associated with a permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to be subject to a cost-benefit analysis.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

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