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H.R. 1 (100th): Water Quality Act of 1987


The text of the bill below is as of Feb 4, 1987 (Passed Congress).


PUBLIC LAW 100-4—FEB. 4, 1987                                                    101 STAT. 7

Public L a w 100-4               --^'•••- *- ^ ^•---- J-J-V,-..,.. ... .^.,....^.,.,-=?/- „•,.•? ^^«- •
100th Congress
                                          A n Act
To amend the Federal Water Pollution Control Act to provide for the renewal of the                           Feb. 4, 1987
             quality of the Nation's waters, and for other purposes.                                           [H.R. 1]

 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                  Water Quality
                                                                                                          Act of 1987.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO FED-
             ERAL WATER POLLUTION CONTROL ACT; DEFINITION OF
             ADMINISTRATOR.
 (a) SHORT TITLE.—This Act may be cited as the "Water Quality 33 use 1251
Act of 1987".                                                 note.
   0)) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents; a m e n d m e n t s to Federal Water Pollution Con-
          trol Act; definition of Administrator.
Sec. 2. Limitation on payments.
                          TITLE I — A M E N D M E N T S TO TITLE I
Sec.   101.   Authorizations of appropriations.
Sec.   102.   Small flows clearinghouse.
Sec.   103.   Chesapeake Bay.
Sec.   104.   Great Lakes.
Sec.   105.   Research on effects of pollutants.
                  TITLE II—CONSTRUCTION GRANTS A M E N D M E N T S                               ,.
Sec.   201. Time limit on resolving certain disputes.
Sec.   202. Federal share.
Sec.   203. Agreement on eligible costs.
Sec.   204. Design/build projects.
Sec.   205. Grant conditions; user charges on low-income residential users.
Sec.   206. Allotment formula.
Sec.   207. Rural set aside.
Sec.   208. Innovative and alternative projects.
Sec.   209. Regional organization funding.
Sec.   210. Marine CSO's and estuaries.
Sec.   211. Authorization for construction grants.
Sec.   212. State water pollution control revolving funds.
Sec.   213. Improvement projects.
Sec.   214. Chicago tunnel and reservoir project.
Sec.   215. A d valorem t a x dedication.                                                                      ^.   ,,.,   „
                     TITLE III—STANDARDS A N D ENFORCEMENTS                                                          .^^i^n
Sec.   301. Compliance dates.                                                           /
Sec.   302. Modification for nonconventional pollutants.                                                             , ,,
Sec.   303. Discharges into marine waters.                                          • ''^                     '^^•' •'  '*
Sec.   304. Filing deadline for treatment works modification.
Sec.   305. Innovative technology compliance deadlines for direct dischargers.
Sec.   306. Fundamentally different factors.                                       '*'' »^
Sec.   307. Coal remining operations.
Sec.   308. Individual control strategies for toxic pollutants.
Sec.   309. Pretreatment standards.
Sec.   310. Inspection and entry.
Sec.   311. Marine sanitation devices.                                      .^.     ,-,,-,
Sec.   312. Criminal penalties.                                                     '"^'
Sec.   313. Civil penalties.                                                      $y.
Sec.   314. Administrative penalties.
Sec.   315. Clean lakes.                                                        ,

101 STAT. 8 PUBLIC LAW 100-4—FEB. 4, 1987 Sec. 316. Management of nonpoint sources of pollution. ^f,— \ ~:'Vxij *. Sec. 317. National estuary program. , . ' i- Iff' Sec. 318. Unconsolidated quaternary aquifer. '' ' TITLE IV—PERMITS AND LieENSES Sec. 401. Stormwater runoff from oil, gas, and mining operations. _. ,^ JT "If . iv'J Sec. 402. Additional pretreatment of conventional pollutants not required. Sec. 403. Partial NPDES program. Sec. 404. Anti-backsliding. Sec. 405. Municipal and industrial stormwater discharges. ^ '".. Sec. 406. Sewage sludge. - ' •. •'/»- • •''" .fSCi It, t. Sec. 407. Log transfer facilities. TITLE V—MISeELLANEOUS PROVISIONS Sec. 501. Audits. Sec. 502. eommonwealth of the Northern Mariana Islands. Sec. 503. Agricultural stormwater discharges. Sec. 504. Protection of interests of United States in citizen suits. Sec. 505. Judicial review and award of fees. ,. Sec. 506. Indian tribes. Sec. 507. Definition of point source. , , ', Sec. 508. Special provisions regarding certain dumping sites. Sec. 509. Ocean discharge research project. .5 . Sec. 510. San Diejgo, ealifornia. Sec. 511. Limitation on discharge of raw sewage by New York eity. Sec. 512. Oakwood Beach and Red Hook Projects, New York. v Sec. 513. Boston Harbor and adjacent waters. Sec. 514. Wastewater reclamation demonstration. -^ Sec. 515. Des Moines, Iowa. . Sec. 516. Study of de minimis discharges. Sec. 517. Study of effectiveness of innovative and alternative processes and tech- niques. Sec. 518. Study of testing procedures. Sec. 519. Study of pretreatment of toxic pollutants. • '.".'-, Sec. 520. Studies of water pollution problems in aquifers. ' , "' Sec. 521. Great Lakes consumptive use study. Sec. 522. Sulfide corrosion study. Sec. 523. Study of rainfall induced infiltration into sewer systems. Sec. 524. Dam water quality study. Sec. 525. Study of pollution in Lake Pend Oreille, Idaho. (c) AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.— Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be consid- ered to be made to a section or other provision of the Federal Water Pollution Control Act. 33 u s e 1251 (d) DEFINITION.—For purposes of this Act, the term "Adminis- note. trator" means the Administrator of the Environmental Protection Agency. 33 u s e 1251 SEC. 2. LIMITATION ON PAYMENTS. note. No payments may be made under this Act except to the extent provided in advance in appropriation Acts. TITLE I—AMENDMENTS TO TITLE I SEC. lOL AUTHORIZATIONS OF APPROPRIATIONS. 33 use 1254. (a) RESEARCH AND INVESTIGATIONS.—Section 104(u) is amended— (1) in clause (1) by striking out "and" after "1975,", after "1980,", and after "1981,", and by inserting after "1982," the following: "such sums as may be necessary for fiscal years 1983
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 9 through 1985, and not to exceed $22,770,000 per fiscal year for each of the fiscal years 1986 through 1990,"; (2) in clause (2) by striking out "and" after "1981," and by inserting after "1982," the following: "such sums as may be necessary for fiscal years 1983 through 1985, and $3,000,000 per fiscal year for each of the fiscal years 1986 through 1990,"; and (3) in clause (3) by striking out "and" after "1981," and by '' *' ^ inserting after "1982," the following: "such sums as may be necessary for fiscal years 1983 through 1985, and $1,500,000 per fiscal year for each of the fiscal years 1986 through 1990,". 0)) GRANTS FOR PROGRAM ADMINISTRATION.—Section 106(a)(2) is 33 u s e 1256. amended by inserting after "1982" the following: ", such sums as may be necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal years 1986 through 1990". (c) TRAINING GRANTS AND SCHOLARSHIPS.—Section 112(c) is 33 use 1262. amended by striking out "and" after "1981," and by inserting after "1982," the following: "such sums as may be necessary for fiscal years 1983 through 1985, and $7,000,000 per fiscal year for each of the fiscal years 1986 through 1990,". (d) AREA WIDE PLANNING.—Section 208(f)(3) is amended by striking 33 use 1288. out "and" after "1974," and after "1980," and by inserting after "1982" the following: ", and such sums as may be necessary for fiscal years 1983 through 1990". (e) RURAL CLEAN WATER.—Section 2080")(9) is amended by striking out "and" after "1981," and by inserting after "1982," the following: "and such sums as may be necessary for fiscal years 1983 through 1990,". (f) INTERAGENCY AGREEMENTS.—Section 304(k)(3) is amended by 33 use 1314. inserting after "1983" the following: "and such sums as may be necessary for fiscal years 1984 through 1990". (g) CLEAN LAKES.—Section 314(c)(2) is amended by striking out 33 use 1324. "and" after "1981," and by inserting after "1982" the following: ", such sums as may be necessary for fiscal years 1983 through 1985, and $30,000,000 per fiscal year for each of the fiscal years 1986 through 1990". (h) GENERAL AUTHORIZATION.—Section 517 is amended by striking 33 u s e 1376. out "and" after "1981," and by inserting after "1982" the following: ", such sums as may be necessary for fiscal years 1983 through 1985, and $135,000,000 per fiscal year for each of the fiscal years 1986 through 1990". SEC. 102. SMALL FLOWS CLEARINGHOUSE. Section 104(q) is amended by adding at the end thereof the 33 use 1254. following new paragraph: "(4) SMALL FLOWS CLEARINGHOUSE.—Notwithstanding section : 205(d) of this Act, from amounts that are set aside for a fiscal 33 USe 1285. year under section 205(i) of this Act and are not obligated by the end of the 24-month period of availability for such amounts under section 205(d), the Administrator shall make available $1,000,000 or such unobligated amount, whichever is less, to support a national clearinghouse within the Environmental Protection Agency to collect and disseminate information on small flows of sewage and innovative or alternative wastewater treatment processes and techniques, consistent with paragraph (3). This paragraph shall apply with respect to amounts set aside under section 205(i) for which the 24-month period of
101 STAT. 10 PUBLIC LAW 100-4—FEB. 4, 1987 availability referred to in the preceding sentence ends on or after September 30,1986.". SEC. 103. CHESAPEAKE BAY. Title I is amended by adding at the end the following new section: 33 u s e 1267. "SEC. 117. CHESAPEAKE BAY. "(a) OFFICE.—The Administrator shall continue the Chesapeake Bay Program and shall establish and maintain in the Environ- mental Protection Agency an office, division, or branch of Chesa- .6< I € peake Bay Programs to— "(1) collect and make available, through publications and other appropriate means, information pertaining to the environ- mental quality of the Chesapeake Bay (hereinafter in this ,; -; > ,^ iig subsection referred to as the 'Bay'); "(2) coordinate Federal and State efforts to improve the water quality of the Bay; "(3) determine the impact of sediment deposition in the Bay and identify the sources, rates, routes, and distribution patterns Hf4l'' ;-1 ' ®^ ^^*^^ sediment deposition; and "(4) determine the impact of natural and man-induced environmental changes on the living resources of the Bay and the relationships among such changes, with particular emphasis placed on the impact of pollutant loadings of nutrients, chlo- rine, acid precipitation, dissolved oxygen, and toxic pollutants, including organic chemicals and heavy metals, and with special attention given to the impact of such changes on striped bass. , "(b) INTERSTATE DEVELOPMENT PLAN GRANTS.— i'!f "(1) AUTHORITY.—The Administrator shall, at the request of the Governor of a State affected by the interstate management plan developed pursuant to the Chesapeake Bay Program (hereinafter in this section referred to as the 'plan'), make a grant for the purpose of implementing the management mecha- nisms contained in the plan if such State has, within 1 year after the date of the enactment of this section, approved and committed to implement all or substantially all aspects of the plan. Such grants shall be made subject to such terms and conditions as the Administrator considers appropriate. "(2) SUBMISSION OF PROPOSAL.—A State or combination of States may elect to avail itself of the benefits of this subsection by submitting to the Administrator a comprehensive proposal to implement management mechanisms contained in the plan ^ which shall include (A) a description of proposed abatement '' actions which the State or combination of States commits to take within a specified time period to reduce pollution in the Bay and to meet applicable water quality standards, and (B) the estimated cost of the abatement actions proposed to be taken during the next fiscal year. If the Administrator finds that such proposal is consistent with the national policies set forth in section 101(a) of this Act and will contribute to the achievement of the national goals set forth in such section, the Administrator shall approve such proposal and shall finance the costs of implementing segments of such proposal. "(3) FEDERAL SHARE.—Grants under this subsection shall not exceed 50 percent of the costs of implementing the management mechanisms contained in the plan in any fiscal year and shall ^' be made on condition that non-Federal sources provide the
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 11 remainder of the cost of implementing the management mecha- nisms contained in the plan during such fiscal year. "(4) ADMINISTRATIVE COSTS.—Administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against programs or projects supported by funds made available under this subsection shall not exceed in any one fiscal year 10 percent of the annual Federal grant made to a > State under this subsection. "(c) REPORTS.—Any State or combination of States that receives a state and local grant under subsection Ot>) shall, within 18 months after the date of governments, receipt of such grant and biennially thereafter, report to the Administrator on the progress made in implementing the interstate management plan developed pursuant to the Chesapeake Bay Pro- gram. The Administrator shall transmit each such report along with the comments of the Administrator on such report to Congress. "(d) AUTHORIZATION OF APPROPRIATIONS.—There are hereby au- thorized to be appropriated the following sums, to remain available until expended, to carry out the purposes of this section: "(1) $3,000,000 per fiscal year for each of the fiscal years 1987, . - m JBb > 1988,1989, and 1990, to carry out subsection (a); and "(2) $10,000,000 per fiscal year for each of the fiscal years 1987, 1988, 1989, and 1990, for grants to States under subsection (b).". SEC.104. GREAT LAKES. Title I is amended by adding at the end the following new section: "SEC. 118. GREAT LAKES. 33 USC1268. "(a) FINDINGS, PURPOSE, AND DEFINITIONS.— "(1) FINDINGS.—The Congress finds that— "(A) the Great Lakes are a valuable national resource, continuously serving the people of the United States and other nations as an important source of food, fresh water, recreation, beauty, and enjoyment; "(B) the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978 with particular emphasis on goals related to toxic pollutants; and "(C) the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities. "(2) PURPOSE.—It is the purpose of this section to achieve the goals embodied in the Great Lakes Water Quality Agreement of 1978 through improved organization and definition of mission on the part of the Agency, funding of State grants for pollution control in the Great Lakes area, and improved accountability , ,, for implementation of such agreement. . , "(3) DEFINITIONS.—For purposes of this section, the term— • "(A) 'Agency' means the Environmental Protection ^'' Agency; "(B) 'Great Lakes' means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border);
101 STAT. 12 PUBLIC LAW 100-4—FEB. 4, 1987 ,,,.;-, "(C) 'Great Lakes System' means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes; "(D) 'Program Office' means the Great Lakes National Program Office established by this section; and "(E) 'Research Office' means the Great Lakes Research Office established by subsection (d). Establishment. "(b) GREAT LAKES NATIONAL PROGRAM OFFICE.—The Great Lakes National Program Office (previously established by the Adminis- '^.£KiL trator) is hereby established within the Agency. The Program Office shall be headed by a Director who, by reason of management experience and technical expertise relating to the Great Lakes, is highly qualified to direct the development of programs and plans on a variety of Great Lakes issues. The Great Lakes National Program Office shall be located in a Great Lakes State. "(c) GREAT LAKES MANAGEMENT.— "(1) FUNCTIONS.—The Program Office shall— "(A) in cooperation with appropriate Federal, State, tribal, and international agencies, and in accordance with 33 u s e 1251. .T8P; section 101(e) of this Act, develop and implement specific action plans to carry out the responsibilities of the United States under the Great Lakes Water Quality Agreement of 1978; "(B) establish a Great Lakes system-wide surveillance network to monitor the water quality of the Great Lakes, with specific emphasis on the monitoring of toxic pollutants; "(C) serve as the liaison with, and provide information to, ••<'Vf mh the Canadian members of the International Joint Commis- sion and the Canadian counterpart to the Agency; "(D) coordinate actions of the Agency (including actions by headquarters and regional offices thereof) aimed at improving Great Lakes water quality; and "(E) coordinate actions of the Agency with the actions of other Federal agencies and State and local authorities, so as to ensure the input of those agencies and authorities in developing water quality strategies and obtain the support jt of those agencies and authorities in achieving the objectives of such agreement. "(2) 5-YEAR PLAN AND PROGRAM.—The Program Office shall develop, in consultation with the States, a five-year plan and program for reducing the amount of nutrients introduced into the Great Lakes. Such program shall incorporate any manage- ment program for reducing nutrient runoff from nonpoint sources established under section 319 of this Act and shall include a program for monitoring nutrient runoff into, and ambient levels in, the Great Lakes. Pollution. "(3) 5-YEAR STUDY AND DEMONSTRATION PROJECTS.—The Pro- Michigan. gram Office shall carry out a five-year study and demonstration Wisconsin. projects relating to the control and removal of toxic pollutants Indiana. Ohio. in the Great Lakes, with emphasis on the removal of toxic New York. pollutants from bottom sediments. In selecting locations for conducting demonstration projects under this paragraph, prior- ity consideration shall be given to projects at the following locations: Saginaw Bay, Michigan; Sheboygan Harbor, Wiscon- sin; Grand Calumet River, Indiana; Ashtabula River, Ohio; and Buffalo River, New York. . .-
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 13 "(4) ADMINISTRATOR'S RESPONSIBIUTY.—The Administrator shall ensure that the Program Office enters into agreements with the various organizational elements of the Agency in- volved in Great Lakes activities and the appropriate State agencies specifically delineating— "(A) the duties and responsibilities of each such element in the Agency with respect to the Great Lakes; "(B) the time periods for carrying out such duties and ' resjponsibilities; and %> b->. (C) the resources to be committed to such duties and responsibilities. "(5) BUDGET ITEM,—The Administrator shall, in the Agency's annual budget submission to Congress, include a funding re- quest for the Program Office as a separate budget line item. "(6) COMPREHENSIVE REPORT.—Within 90 days after the end of each fiscal year, the Administrator shall submit to Congress a comprehensive report which— "(A) describes the achievements in the preceding fiscal Research and year in implementing the Great Lakes Water Quality development. Agreement of 1978 and shows by categories (including ju- State and local governments. dicial enforcement, research, State cooperative efforts, and general administration) the amounts expended on Great Lakes water quality initiatives in such preceding fiscal year; "(B) describes the progress made in such preceding fiscal year in implementing the system of surveillance of the lii water quality in the Great Lakes System, including the monitoring of groundwater and sediment, with particular reference to toxic pollutants; "(C) describes the long-term prospects for improving the condition of the Great Lakes; and * "(D) provides a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement of 1978, which assessment shall— "(i) show by categories (including judicial enforce- Research and ment, research. State cooperative efforts, and general development. administration) the amount anticipated to be expended State and local govenments. on Great Lakes water quality initiatives in the fiscal year to which the assessment relates; and "(ii) include a report of current programs adminis- tered by other Federal agencies which make available resources to the Great Lakes water quality manage- ment efforts. "(d) GREAT LAKES RESEARCH.— "(1) ESTABLISHMENT OF RESEARCH OFFICE,—There is estab- lished within the National Oceanic and Atmospheric Adminis- tration the Great Lakes Research Office. "(2) IDENTIFICATION OF ISSUES,—The Research Office shall identify issues relating to the Great Lakes resources on which research is needed. The Research Office shall submit a report to Reports. Congress on such issues before the end of each fiscal year which shall identify any changes in the Great Lakes system with respect to such issues. '(3) INVENTORY.—The Research Office shall identify and State and local inventory Federal, State, university, and tribal environmental governments. research programs (and, to the extent feasible, those of private Schools and colleges.
101 STAT. 14 PUBLIC LAW 100-4—FEB. 4, 1987 organizations and other nations) relating to the Great Lakes system, and shall update that inventory every four years. "(4) RESEARCH EXCHANGE.—The Research Office shall estab- lish a Great Lakes research exchange for the purpose of facilitating the rapid identification, acquisition, retrieval, dissemination, and use of information concerning research projects which are ongoing or completed and which affect the Great Lakes System. Fish and fishing. "(5) RESEARCH PROGRAM.—The Research Office shall develop, in cooperation with the Coordination Office, a comprehensive environmental research program and data base for the Great Lakes system. The data base shall include, but not be limited to, data relating to water quality, fisheries, and biota. "(6) MONITORING.—The Research Office shall conduct, through the Great Lakes Environmental Research Laboratory, the National Sea Grant College program, other Federal labora- tories, and the private sector, appropriate research and monitor- ing activities which address priority issues and current needs relating to the Great Lakes. "(7) LOCATION.—The Research Office shall be located in a Great Lakes State, (e) RESEARCH AND MANAGEMENT COORDINATION.— "(1) JOINT PLAN.—Before October 1 of each year, the Program Office and the Research Office shall prepare a joint research plan for the fiscal year which begins in the following calendar year. "(2) CONTENTS OF PLAN.—Each plan prepared under para- graph (1) shall— "(A) identify all proposed research dedicated to activities mu \ conducted under the Great Lakes Water Quality Agree- ment of 1978; fe i. "(B) include the Agency's assessment of priorities for research needed to fulfill the terms of such Agreement; and "(C) identify all proposed research that may be used to develop a comprehensive environmental data base for the .art«i Great Lakes System and establish priorities for develop- ment of such data base. Reports. "(f) INTERAGENCY COOPERATION.—The head of each department, agency, or other instrumentality of the Federal Government which is engaged in, is concerned with, or has authority over programs relating to research, monitoring, and planning to maintain, en- hance, preserve, or rehabilitate the environmental quality and natu- ral resources of the Great Lakes, including the Chief of Engineers of the Army, the Chief of the Soil Conservation Service, the Com- mandant of the Coast Guard, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and At- mospheric Administration, shall submit an annual report to the Administrator with respect to the activities of that agency or office affecting compliance with the Great Lakes Water Quality Agree- ment of 1978. "(g) RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND INTERNATIONAL TREATIES.—Nothing in this section shall be con- strued to affect the jurisdiction, powers, or prerogatives of any department, agency, or officer of the Federal Government or of any State government, or of any tribe, nor any powers, jurisdiction, or prerogatives of any international body created by treaty with authority relating to the Great Lakes. t- .trnas; . de-^n
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 15 "(h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS,—There are authorized to be appropriated to the Administrator to carry out this section not to exceed $11,000,000 per fiscal year for the fiscal years 1987, 1988, 1989, 1990, and 1991. Of the amounts appropriated each fiscal year— "(1) 40 percent shall be used by the Great Lakes National Program Office on demonstration projects on the feasibility of controlling and removing toxic pollutants; "(2) 7 percent shall be used by the Great Lakes National Program Office for the program of nutrient monitoring; and "(3) 30 percent shall be transferred to the National Oceanic and Atmospheric Administration for use by the Great Lakes Research Office.". SEC. 105. RESEARCH ON EFFECTS OF POLLUTANTS. 33 u s e 1254a. In carrying out the provisions of section 104(a) of the Federal Water Pollution Control Act, the Administrator shall conduct re- 33 u s e 1254. search on the harmful effects on the health and welfare of persons caused by pollutants in water, in conjunction with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and other Federal, State, and interstate agencies carrying on such research. Such research shall include, and shall place special emphasis on, the effect that bioaccumulation of these pollutants in aquatic species has upon reducing the value of aquatic commercial and sport industries. Such research shall further study methods to reduce and remove these pollutants from the relevant affected aquatic species so as to restore and enhance these valuable resources. TITLE II—CONSTRUCTION GRANTS AMENDMENTS SEC. 201. TIME LIMIT ON RESOLVING CERTAIN DISPUTES. Section 201 is amended by adding at the end thereof the following 33 use 1281. new subsection: "(p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.—In any case in Contracts, which a dispute arises with respect to the awarding of a contract for construction of treatment works by a grantee of funds under this title and a party to such dispute files an appeal with the Adminis- trator under this title for resolution of such dispute, the Adminis- trator shall make a final decision on such appeal within 90 days of the filing of such appeal.". SEC. 202. FEDERAL SHARE. (a) LIMITATION ON EUGIBIUTY AFTER 1990.—The last sentence of section 202(a)(1) is amended by inserting before the period at the end 33 use 1282. the following: "for any grant made pursuant to a State obligation which obligation occurred before October 1,1990". (b) PROJECTS UNDER JUDICIAL INJUNCTION.—Section 202(a)(1) is ^ ''S'- amended by adding at the end thereof the following: "Notwithstand- ing the first sentence of this paragraph, in the case of a project for which an application for a grant under this title has been made to the Administrator before October 1,1984, and which project is under judicial injunction on such date prohibiting its construction, such
101 STAT. 16 PUBLIC LAW 100-4—FEB. 4, 1987 project shall be eligible for grants at 75 percent of the cost of construction thereof.". Pennsylvania. (c) PROJECTS U N D E R JUDICIAL O R D E R AND O T H E R PROJECTS.—SeC- 33 use 1282. tion 202(aXl) is amended by adding at the end thereof the following: "Notwithstanding the first sentence of this paragraph, in the case of the Wyoming Valley Sanitary Authority project mandated by ju- dicial order under a proceeding begun prior to October 1,1984, and a project for w£istewater treatment for Altoona, Pennsylvania, such projects shall be eligible for grants at 75 percent of the cost of construction thereof.'. (d) BioDisc EQUIPMENT.—Section 202(aK3) is amended by adding at the end thereof the following: "In addition, the Administrator is authorized to make a grant to fund all of the costs of the modifica- tion or replacement of biodisc equipment (rotating biological X-1 .' contactors) in any publicly owned treatment works if the Adminis- trator finds that such equipment has failed to meet design perform- ,..,. , ance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure h£is significantly increased capital or operating and maintenance expenditures.". Minnesota. (e) INNOVATIVE PROCESS.—The activated bio-filter feature of the project for treatment works of the city of Little Falls, Minnesota, shall be deemed to be an innovative wastewater process and tech- nique for purposes of section 202(a)(2) of the Federal Water Pollution Control Act and the amount of any grant under such Act for such feature shall be 85 percent of the cost thereof. 33 use 1281b. (0 AVAILABILITY OF CERTAIN FUNDS FOR NON-FEDERAL SHARE.— State and local Notwithstanding any other provision of law. Federal assistance governments. made available by the Farmers Home Administration to any politi- cal subdivision of a State may be used to provide the non-Federal share of the cost of any construction project carried out under 33 use 1281. section 201 of the Federal Water Pollution Control Act. Contracts. SEC. 203. AGREEMENT ON ELIGIBLE COSTS. 33 use 1283. Section 203(a) is amended by inserting "(1)" after "(a)", by des- ignating the l£ist sentence as paragraph (3) and indenting such sentence as a paragraph, and by inserting before pareigraph (3) as so Hii jsaii designated the following: "(2) AGREEMENT ON EUGIBLE COSTS.— i ; tb "(A) LIMITATION ON MODIFICATIONS.—Before taking final action on any plans, specifications, and estimates submitted under this subsection after the 60th day following the date of the enactment of the Water Quality Act of 1987, the Administrator shall enter into a written agreement with the applicant which establishes and specifies which items of the proposed project are eligible for Federal payments under this section. The Administrator may not later modify such eligibility determinations unless they are found to * have been made in violation of applicable Federal statutes ;. ' >- I yx and regulations. "(B) LIMITATION ON EFFECT.—Eligibility determinations under this paragraph shall not preclude the Administrator 33 use 1361. r f ', from auditing a project pursuant to section 501 of this Act, or other authority, or from withholding or recovering Fed- eral funds for costs which are found to be unreasonable, unsupported by adequate documentation, or otherwise un- '»eJ allowable under applicable Federal cost principles, or which are incurred on a project which fails to meet the design
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 17 specifications or effluent limitations contained in the grant agreement and permit pursuant to section 402 of this Act 33 u s e 1342. for such project.", SEC. 204. DESIGN/BUILD PROJECTS. Section 203 is amended by adding at the end the following new 33 u s e 1283. subsection: "(f) DESIGN/BUILD PROJECTS.— State and local "(1) AGREEMENT.—Consistent with State law, an applicant governments. who proposes to construct waste water treatment works may Contracts. enter into an agreement with the Administrator under this Waste subsection providing for the preparation of construction plans treatment. and specifications and the erection of such treatment works, in lieu of proceeding under the other provisions of this section. "(2) LIMITATION ON PROJECTS.—Agreements under this subsec- tion shall be limited to projects under an approved facility plan which projects are— i„ "(A) treatment works that have an estimated total cost of $8,000,000 or less; and "(B) any of the following types of waste water treatment systems: aerated lagoons, trickling filters, stabilization ponds, land application systems, sand filters, and sub- surface disposal systems. "(3) REQUIRED TERMS.—An agreement entered into under this subsection shall— "(A) set forth an amount agreed to as the maximum Federal contribution to the project, based upon a competi- • .1 tively bid document of basic design data and applicable standard construction specifications and a determination of . , the federally eligible costs of the project at the applicable ^ ' Federal share under section 202 of this Act; 33 u s e 1282. "(B) set forth dates for the start and completion of construction of the treatment works by the applicant and a schedule of payments of the Federal contribution to the project; "(C) contain assurances by the applicant that (i) engineer- ing and management assistance will be provided to manage the project; (ii) the proposed treatment works will be an '• ' operable unit and will meet all the requirements of this title; and (iii) not later than 1 year after the date specified as the date of completion of construction of the treatment works, the treatment works will be operating so as to meet >" the requirements of any applicable permit for such treat- t- ment works under section 402 of this Act; 33 u s e 1342. "(D) require the applicant to obtain a bond from the contractor in an amount determined necessary by the ii Administrator to protect the Federal interest in the project; and "(E) contain such other terms and conditions as are necessary to assure compliance with this title (except as provided in paragraph (4) of this subsection). i "(4) LIMITATION ON APPLICATION.—Subsections (a), (b), and (c) of this section shall not apply to grants made pursuant to this . subsection. "(5) RESERVATION TO ASSURE COMPLIANCE.—The Administrator Grants. shall reserve a portion of the grant to assure contract compli- ance until final project approval as defined by the Adminis-
101 STAT. 18 PUBLIC LAW 100-4—FEB. 4, 1987 trator. If the amount agreed to under paragraph (3)(A) exceeds the cost of designing and constructing the treatment works, the Administrator shall reallot the amount of the excess to the State in which such treatment works are located for the fiscal year in which such audit is completed. "(6) LIMITATION ON OBLIGATIONS.—The Administrator shall not obligate more than 20 percent of the amount allotted to a 33 u s e 1285. State for a fiscal year under section 205 of this Act for grants pursuant to this subsection. "(T) ALLOWANCE.—The Administrator shall determine an allowance for facilities planning for projects constructed under 33 u s e 1281. this subsection in accordance with section 201(1). "(8) LIMITATION ON FEDERAL CONTRIBUTIONS.—In no event shall the Federal contribution for the cost of preparing construction plans and specifications and the building and erec- tion of treatment works pursuant to this subsection exceed the amount agreed upon under paragraph (3). Grants. "(9) RECOVERY ACTION.—In any case in which the recipient of a grant made pursuant to this subsection does not comply with the terms of the agreement entered into under paragraph (3), the Administrator is authorized to take such action as may be necessary to recover the amount of the Federal contribution to the project. Grants. "(10) PREVENTION OF DOUBLE BENEFITS.—A recipient of a grant made pursuant to this subsection shall not be eligible for any other grants under this title for the same project.". SEC. 205. GRANT CONDITIONS; USER CHARGES ON LOW-INCOME RESIDEN- TIAL USERS. 33 u s e 1284. (a) INCLUSION OF PROJECT IN AREA WIDE PLAN.—Section 204(a)(1) is amended to read as follows: "(1) that any required areawide waste treatment management 33 u s e 1288. plan under section 208 of this Act (A) is being implemented for such area and the proposed treatment works are included in such plan, or (B) is being developed for such area and reasonable progress is being made toward its implementation and the proposed treatment works will be included in such plan;". 03) CONTINUING PLANNING PROCESS.—Section 204(a)(2) is amended to read as follows: state and local "(2) that (A) the State in which the project is to be located (i) governments. is implementing any required plan under section 303(e) of this 33 u s e 1313. Act and the proposed treatment works are in conformity with such plan, or (ii) is developing such a plan and the proposed treatment works will be in conformity with such plan, and (B) 33 u s e 1315. such State is in compliance with section 3050t)) of this Act;". (c) USER CHARGES ON LOW-INCOME RESIDENTIAL USERS.—Section 204(b)(1) is amended by adding at the end thereof the following: "A system of user charges which imposes a lower charge for low-income residential users (as defined by the Administrator) shall be deemed to be a user charge system meeting the requirements of clause (A) of this paragraph if the Administrator determines that such system was adopted after public notice and hearing.". 33 u s e 1284 (d) EFFECTIVE DATE.—This section shall take effect on the date of note. the enactment of this Act, except that the amendments made by subsections (a) and (b) shall take effect on the last day of the two- year period beginning on such date of enactment.
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 19 SEC. 206. ALLOTMENT FORMULA. (a) FORMULA.— (1) EXTENSION OF EXISTING FORMULA FOR 1986.—Section 205(c)(2) is amended by striking out "and September 30, 1985," 33 u s e 1285. and inserting in lieu thereof "September 30, 1985, and Septem- ber 30,1986,". (2) FISCAL YEARS 1987-1990.—Section 205(c) is amended by adding at the end the following new paragraph: "(3) FISCAL YEARS 1987-1990.—Sums authorized to be appro- priated pursuant to section 207 for the fiscal years 1987, 1988, 33 u s e 1287. 1989, and 1990 shall be allotted for each such year by the Administrator not later than the 10th day which begins after the date of the enactment of this paragraph. Sums authorized (i^:, for such fiscal years shall be allotted in accordance with the following table: "States: Alabama .011309 Alaska .006053 Arizona .006831 Arkansas .006616 California .072333 Colorado .008090 Connecticut .012390 Delaware .004965 District of Columbia .004965 Florida .034139 Georgia .017100 Hawaii .007833 Idaho .004965 Illinois .045741 Indiana .024374 Iowa .013688 Kansas .009129 Kentucky .012872 Louisiana .011118 Maine .007829 Maryland .024461 Massachusetts .034338 ' Michigan .043487 Minnesota .018589 Mississippi .009112 Missouri .028037 Montana .004965 Nebraska .005173 Nevada .004965 New Hampshire .010107 New Jersey .041329 New Mexico .004965 New York .111632 North Carolina .018253 North Dakota .004965 Ohio .056936 Oklahoma .008171 Oregon .011425 Pennsylvania .040062 Rhode Island .006791 South Carolina .010361 South Dakota .004965 Tennessee .014692 Texas .046226 Utah .005329 Vermont .004965 Virginia .020698 Washington .017588 West Virginia .015766
101 STAT. 20 PUBLIC LAW 100-4—FEB. 4, 1987 Wisconsin .027342 Wyoming .004965 American Samoa .000908 Guam .000657 Northern Marianas .000422 Puerto Rico .013191 Pacific Trust Territories .001295 Virgin Islands .000527". 33 use 1285. (b) EXTENSION OF MINIMUM ALLOTMENTS.—Section 205(e) is amended by striking out "and 1985" each place it appears and inserting in lieu thereof "1985, 1986, 1987, 1988, 1989, and 1990". "^-' '• (c) COSTS OF ADMINISTRATION.—Section 205(g)(1) is amended by striking out "October 1, 1985" and inserting in lieu thereof "October 1,1994". 33 use 1291. (d) CONTROL OP POLLUTANTS FROM STORM SEWERS.—Section 211(c) is amended by striking out "1985," and inserting in lieu thereof "1990,". SEC. 207. RURAL SET ASIDE. , ,v> (a) INCREASE IN MANDATORY SET ASIDE FOR RURAL STATES.—The first sentence of section 205(h) is amended by striking out "four per centum" and inserting in lieu thereof "a total (as determined by the Governor of the State) of not less than 4 percent nor more than IVz percent". (b) INCREASE IN AUTHORIZED SET ASIDE FOR OTHER STATES.—The second sentence of section 205(h) is amended by striking out "four per centum" and inserting in lieu thereof "IV2 percent". SEC. 208. INNOVATIVE AND ALTERNATIVE PROJECTS. Section 205(i) is amended to read as follows: State and local "(i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE PROJECTS.—Not governments. less than V2 of 1 percent of funds allotted to a State for each of the fiscal years ending September 30,1979, through September 30,1990, under subsection (c) of this section shall be expended only for increasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques pursuant to 33 u s e 1282. section 202(a)(2) of this Act. Including the expenditures authorized by the preceding sentence, a total of 2 percent of the funds allotted to a State for each of the fiscal years ending September 30,1979, and September 30,1980, and 3 percent of the funds allotted to a State for the fiscal year ending September 30, 1981, under subsection (c) of this section shall be expended only for increasing grants for construction of treatment works pursuant to section 202(a)(2) of this Act. Including the expenditures authorized by the first sentence of this subsection, a total (as determined by the Governor of the State) of not less than 4 percent nor more than 7 ¥2 percent of the funds allotted to such State under subsection (c) of this section for each of the fiscal years ending September 30, 1982, through September 30, 1990, shall be expended only for increasing the Federal share of grants for construction of treatment works pursuant to section 202(aX2)ofthisAct.". SEC. 209. REGIONAL ORGANIZATION FUNDING. State and local Section 205(j)(3) is amended by adding at the end thereof the governments. following: "In giving such priority, the State shall allocate at least 40 percent of the amount granted to such State for a fiscal year under paragraph (2) of this subsection to regional public comprehen- sive planning organizations in such State and appropriate interstate organizations for the development and implementation of the plan
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 21 described in this paragraph. In any fiscal year for which the Gov- ernor, in consultation with such organizations and with the ap- proval of the Administrator, determines that allocation of at least 40 percent of such amount to such organizations will not result in significant participation by such organizations in water quality *< i '&-'''- management planning and not significantly assist in development and implementation of the plan described in this paragraph and achieving the goals of this Act, the allocation to such organization may be less than 40 percent of such amount.". SEC. 210. MARINE CSO'S AND ESTUARIES. Section 205 is amended by adding at the end thereof the following 33 USC 1285. new subsection: "(1) MARINE ESTUARY RESERVATION.— -.. ,, , "(1) RESERVATION OF FUNDS.— "(A) GENERAL RULE.—Prior to making allotments among the States under subsection (c) of this section, the Adminis- trator shall reserve funds from sums appropriated pursuant to section 207 for each fiscal year beginning after Septem- 33 USC 1287. ber 30,1986. "(B) FISCAL YEARS 1987 AND 1988.—For each of fiscal years 1987 and 1988 the reservation shall be 1 percent of the sums appropriated pursuant to section 207 for such fiscal year. "(C) FISCAL YEARS 1989 AND 1990.—For each of fiscal years f>9|4 1989 and 1990 the reservation shall be IV2 percent of the funds appropriated pursuant to section 207 for such fiscal year. "(2) USE OF FUNDS.—Of the sums reserved under this subsec- Urban areas, tion, two-thirds shall be available to address water quality problems of marine bays and estuaries subject to lower levels of " water quality due to the impacts of discharges from combined storm water and sanitary sewer overflows from adjacent urban '^.s ^ i >' complexes, and one-third shall be available for the implementa- tion of section 320 of this Act, relating to the national estuary program. "(3) PERIOD OF AVAILABIUTY.—Sums reserved under this subsection shall be subject to the period of availability for obligation established by subsection (d) of this section. "(4) TREATMENT OF CERTAIN BODY OF WATER.—For purposes of New Jersey, this section and section 201(n), Newark Bay, New Jersey, and 33 USC 1281. the portion of the Passaic River up to Little Falls, in the vicinity of Beatties Dam, shall be treated as a marine bay and estuary.". SEC. 211. AUTHORIZATIONS FOR CONSTRUCTION GRANTS. Section 207 is amended by striking out the period at the end 33 USC 1287. thereof and inserting in lieu thereof the following: "; and for each of the fiscal years ending September 30, 1986, September 30, 1987, and September 30, 1988, not to exceed $2,400,000,000; and for each of the fiscal years ending September 30, 1989, and September 30,1990, not to exceed $1,200,000,000.". SEC. 212. STATE WATER POLLUTION CONTROL REVOLVING FUNDS. (a) EsTABUSHMENT OF PROGRAM.—The Act is amended by adding at the end thereof the following new title:
101 STAT. 22 PUBLIC LAW 100-4—FEB. 4, 1987 "TITLE VI—STATE WATER POLLUTION CONTROL REVOLVING FUNDS 33 u s e 1381. "SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS. "(a) GENERAL AUTHORITY.—Subject to the provisions of this title, the Administrator shall make capitalization grants to each State for the purpose of establishing a water pollution control revolving fund for providing assistance (1) for construction of treatment works (as 33 use 1292. defined in section 212 of this Act) which are publicly owned, (2) for Post, p. 52. implementing a management program under section 319, and (3) for developing and implementing a conservation and management plan Post, p. 61. under section 320. "(b) SCHEDULE OF GRANT PAYMENTS.—The Administrator and each State shall jointly establish a schedule of payments under which the Administrator will pay to the State the amount of each grant to be made to the State under this title. Such schedule shall be based on Post, p. 25. the State's intended use plan under section 606(c) of this Act, except that— "(1) such payments shall be made in quarterly installments, and "(2) such payments shall be made as expeditiously as possible, but in no event later than the earlier of— "(A) 8 quarters after the date such funds were obligated by the State, or "(B) 12 quarters after the date such funds were allotted to the State. 33 u s e 1382. "SEC. 602. CAPITALIZATION GRANT AGREEMENTS. "(a) GENERAL RULE.—To receive a capitalization grant with funds Post, p. 27. made available under this title and section 205(m) of this Act, a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifications set forth in subsection (b) of this section. "(b) SPECIFIC REQUIREMENTS.—The Administrator shall enter into an agreement under this section with a State only after the State has established to the satisfaction of the Administrator that— "(1) the State will accept grant payments with funds to be .' s \ f ; S made available under this title and section 205(m) of this Act in accordance with a payment schedule established jointly by the Administrator under section 601(b) of this Act and will deposit all such payments in the water pollution control revolving fund established by the State in accordance with this title; .3? r r< a-: "(2) the State will deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of all capitalization grants which will be made to the State with funds to be made available under this title and section 205(m) of this Act on or before the date on which each quarterly grant pay- ment will be made to the State under this title; "(3) the State will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment;
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 23 »j£ "(4) all funds in the fund will be expended in an expeditious and timely manner; "(5) all funds in the fund as a result of capitalization grants under this title and section 205(m) of this Act will first be used Post, p. 27. < to assure maintenance of progress, as determined by the ^ Governor of the State, toward compliance with enforceable deadlines, goals, and requirements of this Act, including the municipal compliance deadline; - "(6) treatment works eligible under section 603(c)(1) of this * Act which will be constructed in whole or in part before fiscal year 1995 with funds directly made available by capitalization ^ grants under this title and section 205(m) of this Act will meet the requirements of, or otherwise be treated (as determined by the Governor of the State) under sections 201(b), 201(g)(1), 201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(l), 201(o), 204(a)(1), g 204(a)(2), 204(b)(1), 204(d)(2), 211, 218, 511(c)(1), and 513 of this ^ Act in the same manner as treatment works constructed with 33 u s e 1281, assistance under title II of this Act; 1284, 1291, 1298, "(7) in addition to complying with the requirements of this 1371, 1372. 33 u s e 1281. 5 title, the State will commit or expend each quarterly grant " payment which it will receive under this title in accordance with laws and procedures applicable to the commitment or ' expenditure of revenues of the State; ; "(8) in carrying out the requirements of section 606 of this ? Act, the State will use accounting, audit, and fiscal proce- Post, p. 25. dures conforming to generally accepted government accounting '^ standards; "(9) the State will require as a condition of making a loan or Loans, providing other assistance, as described in section 603(d) of this t Act, from the fund that the recipient of such assistance will maintain project accounts in accordance with generally i^ accepted government accounting standards; and "(10) the State will make annual reports to the Administrator Reports, on the actual use of funds in accordance with section 606(d) of •• this Act. Post, p. 26. "SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. 33 USC 1383. "(a) REQUIREMENTS FOR OBUGATION OF GRANT FUNDS.—Before a State may receive a capitalization grant with funds made available » • "''-•"'' under this title and section 205(m) of this Act, the State shall first establish a water pollution control revolving fund which complies with the requirements of this section. "(b) ADMINISTRATION,—Each State water pollution control revolv- ing fund shall be administered by an instrumentality of the State with such powers and limitations as may be required to operate such fund in accordance with the requirements and objectives of this Act. "(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance (1) to any municipal- ity, intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 212 of this Act), (2) for the implementation of a management program estab- 33 USe 1292. lished under section 319 of this Act, and (3) for development and Post, p. 52. implementation of a conservation and management plan under section 320 of this Act. The fund shall be established, maintained. Post, p. 61. and credited with repayments, and the fund balance shall be avail- able in perpetuity for providing such financial assistance.
101 STAT. 24 PUBLIC LAW 100-4—FEB. 4, 1987 "(d) TYPES O F ASSISTANCE.—Except as otherwise limited by S t a t e law, a w a t e r pollution control revolving fund of a S t a t e u n d e r t h i s section m a y be used only— "(1) to m a k e loans, on t h e condition t h a t — • - - -srix "(A) such loans a r e m a d e a t or below m a r k e t interest ^>_i^;; rates, including interest free loans, at terms not to exceed 41'.. . 20 years; ' (B) annual principal and interest payments will com- j.i.f mence not later than 1 year after completion of any project and all loans will be fully amortized not later than 20 years after project completion; : "(C) the recipient of a loan will establish a dedicated i source of revenue for repayment of loans; and "(D) the fund will be credited with all payments of prin- cipal and interest on all loans; "(2) to buy or refinance the debt obligation of municipalities f-y. and intermunicipal and interstate agencies within the State at .%-§ or below market rates, where such debt obligations were in- curred after March 7,1985; Insurance. "(3) to guarantee, or purchase insurance for, local obligations where such action would improve credit market access or ,^ . reduce interest rates; Securities. "(4) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of such bonds will be deposited in the fund; "(5) to provide loan guarantees for similar revolving funds I; r established by municipalities or intermunicipal agencies; "(6) to earn interest on fund accounts; and "(7) for the reasonable costs of administering the fund and conducting activities under this title, except that such amounts shall not exceed 4 percent of all grant awards to such fund under this title. "(e) LIMITATION TO PREVENT DOUBLE BENEFITS.—If a State makes, from its water pollution revolving fund, a loan which will finance the cost of facility planning and the preparation of plans, specifica- tions, and estimates for construction of publicly owned treatment works, the State shall ensure that if the recipient of such loan 33 u s e 1281. receives a grant under section 201(g) of this Act for construction of such treatment works and an allowance under section 201(1)(1) of this Act for non-Federal funds expended for such planning and preparation, such recipient will promptly repay such loan to the extent of such allowance. "(f) CONSISTENCY WITH PLANNING REQUIREMENTS.—A State may provide financial assistance from its water pollution control revolv- ing fund only with respect to a project which is consistent with plans, if any, developed under sections 205(j), 208, 303(e), 319, and 33 use 1285, 320 of this Act. 1288, 1313; post, "(g) PRIORITY LIST REQUIREMENT.—The State may provide finan- pp. 52, 61. cial assistance from its water pollution control revolving fund only with respect to a project for construction of a treatment works described in subsection (cXl) if such project is on the State's priority 33 u s e 1296. list under section 216 of this Act. Such assistance may be provided regardless of the rank of such project on such list. rn (h) EuGiBiuTY OF NON-FEDERAL SHARE OF CONSTRUCTION GRANT PROJECTS.—A State water pollution control revolving fund may provide assistance (other than under subsection (dXl) of this section)
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 25 to a municipality or intermunicipal or interstate agency with re- spect to the non-Federal share of the costs of a treatment works project for which such municipality or agency is receiving assistance from the Administrator under any other authority only if such assistance is necessary to allow such project to proceed. "SEC. 604. ALLOTMENT OF FUNDS. 33 USC 1384. "(a) FORMULA.—Sums authorized to be appropriated to carry out this section for each of fiscal years 1989 and 1990 shall be allotted by the Administrator in accordance with section 205(c) of this Act. 33 USC 1285. "Q)) RESERVATION OF FUNDS FOR PLANNING.—Each State shall reserve each fiscal year 1 percent of the sums allotted to such State j . ; , , :j^.,, j ^ under this section for such fiscal year, or $100,000, whichever amount is greater, to carry out planning under sections 205(j) and 303(e) of this Act. 33 use 1313. "(c) ALLOTMENT PERIOD.— "(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.—Sums allot- ted to a State under this section for a fiscal year shall be available for obligation by the State during the fiscal year for which sums are authorized and during the following fiscal year. "(2) REALLOTMENT OF UNOBLIGATED FUNDS.—The amount of c.. j ^ any allotment not obligated by the State by the last day of the 2-year period of availability established by paragraph (1) . shall be immediately reallotted by the Administrator on the basis of the same ratio as is applicable to sums allotted under title II of this Act for the second fiscal year of such 2-year 33 USC 1281. period. None of the funds reallotted by the Administrator shall be reallotted to any State which has not obligated all sums . allotted to such State in the first fiscal year of such 2-year period. - ,* ^^ "SEC. 605. CORRECTIVE ACTION. 33 USC 1385. "(a) NOTIFICATION OF NONCOMPLIANCE.—If the Administrator ,,=,,, determines that a State has not complied with its agreement with the Administrator under section 602 of this Act or any other Ante, p. 22. requirement of this title, the Administrator shall notify the State of such noncompliance and the necessary corrective action. "(b) WITHHOLDING OF PAYMENTS.—If a State does not take correc- tive action within 60 days after the date a State receives notification of such action under subsection (a), the Administrator shall with- hold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action, "(c) REALLOTMENT OF WITHHELD PAYMENTS.—If the Administrator is not satisfied that adequate corrective actions have been taken by the State within 12 months after the State is notified of such actions under subsection (a), the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allot- ment of funds under this title. "SEC. 606. A U D I T S , REPORTS, AND FISCAL CONTROLS; INTENDED USE 33 USC 1386. PLAN. "(a) FISCAL CONTROL AND AUDITING PROCEDURES.—Each State electing to establish a water pollution control revolving fund under this title shall establish fiscal controls and accounting procedures i '- ' sufficient to assure proper accounting during appropriate account ing periods for—
101 STAT. 26 PUBLIC LAW 100-4—FEB. 4, 1987 "(1) payments received by the fund; "(2) disbursements made by the fund; and "(3) fund balances at the beginning and end of the accounting period. "(b) ANNUAL FEDERAL AUDITS.—The Administrator shall, at least on an annual basis, conduct or require each State to have independ- ently conducted reviews and audits as may be deemed necessary or appropriate by the Administrator to carry out the objectives of this section. Audits of the use of funds deposited in the water pollution '"'*-' revolving fund established by such State shall be conducted in accordance with the auditing procedures of the General Accounting 31 use 7501 et Office, including chapter 75 of title 31, United States Code. ««9- "(c) INTENDED USE PLAN.—After providing for public comment and review, each State shall annually prepare a plan identifying the ' A intended uses of the amounts available to its water pollution control revolving fund. Such intended use plan shall include, but not be limited to— "(1) a list of those projects for construction of publicly owned treatment works on the State's priority list developed pursuant 33 u s e 1296. to section 216 of this Act and a list of activities eligible for Post, pp. 52, 62. assistance under sections 319 and 320 of this Act; "(2) a description of the short- and long-term goals and objec- tives of its water pollution control revolving fund; "(3) information on the activities to be supported, including a description of project categories, discharge requirements under 33 u s e 1311, titles III and IV of this Act, terms of financial assistance, and 1341. communities served; "(4) assurances and specific proposals for meeting the require- ments of paragraphs (3), (4), (5), and (6) of section 602(b) of this Ante, p. 22. Act; and "(5) the criteria and method established for the distribution of funds. Loans. "(d) ANNUAL REPORT.—Beginning the first fiscal year after the receipt of payments under this title, the State shall provide an annual report to the Administrator describing how the State has met the goals and objectives for the previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsec- tion (c), including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistance provided from the water pollution control revolving fund. Loans. "(e) ANNUAL FEDERAL OVERSIGHT REVIEW.—The Administrator shall conduct an annual oversight review of each State plan pre- pared under subsection (c), each State report prepared under subsec- tion (d), and other such materials as are considered necessary and appropriate in carrying out the purposes of this title. After reason- able notice by the Administrator to the State or the recipient of a loan from a water pollution control revolving fund, the State or loan recipient shall make available to the Administrator such records as the Administrator reasonably requires to review and determine compliance with this title. "(f) APPUCABIUTY OF TITLE II PROVISIONS.—Except to the extent 33 use 1281. provided in this title, the provisions of title II shall not apply to grants under this title. 33 u s e 1387. "SEC. 607. AUTHORIZATION OF APPROPRIATIONS. "There is authorized to be appropriated to carry out the purposes of this title the following sums:
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 27 ^ - "(1) $1,200,000,000 per fiscal year for each of fiscal years 1989 «am.J and 1990; "(2) $2,400,000,000 for fiscal year 1991; "(3) $1,800,000,000 for fiscal year 1992; "(4) $1,200,000,000 for fiscal year 1993; and "(5) $600,000,000 for fiscal year 1994.". 8 (b) STATE-OPTION TO USE TITLE II FUNDS.—Section 205 is amended 33 USC 1285. by adding at the end thereof the following new subsection: "(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTION CON- TROL REVOLVING FUNDS.— "(1) FROM CONSTRUCTION GRANT ALLOTMENTS.—In addition to any amounts deposited in a water pollution control revolving ;; fund established by a State under title VI, upon request of the Ante, p. 22. Governor of such State, the Administrator shall make available to the State for deposit, as capitalization grants, in such fund in any fiscal year beginning after September 30, 1986, such portion of the amounts allotted to such State under this section for such ..•a , .:. fiscal year as the Governor considers appropriate; except that (A) in fiscal year 1987, such deposit may not exceed 50 percent of the amounts allotted to such State under this section for such fiscal year, and (B) in fiscal year 1988, such deposit may not exceed 75 percent of the amounts allotted to such State under this section for this fiscal year. "(2) NOTICE REQUIREMENT.—The Governor of a State may make a request under paragraph (1) for a deposit into the water pollution control revolving fund of such State— w. *. "(A) in fiscal year 1987 only if no later than 90 days after the date of the enactment of this subsection, and Si ? "(B) in each fiscal year thereafter only if 90 days before the first day of such fiscal year, the State provides notice of its intent to make such deposit. "(3) EXCEPTION.—Sums reserved under section 205(j) of this Act shall not be available for obligation under this subsection.". (c) REPORT TO CONGRESS.—Section 516 is amended by adding at the 33 USC 1375. end thereof the following new subsection: "(g) STATE REVOLVING FUND REPORT.— "(1) I N GENERAL.—Not later than February 10, 1990, the Administrator shall submit to Congress a report on the finan- cial status and operations of water pollution control revolving funds established by the States under title VI of this Act. The Administrator shall prepare such report in cooperation with the States, including water pollution control agencies and other water pollution control planning and financing agencies. "(2) CONTENTS.—The report under this subsection shall also include the following: ' "(A) an inventory of the facilities that are in significant noncompliance with the enforceable requirements of this Act; "(B) an estimate of the cost of construction necessary ' to bring such facilities into compliance with such require- ments; "(C) an assessment of the availability of sources of funds for financing such needed construction, including an esti- mate of the amount of funds available for providing assist- '- ance for such construction through September 30, 1999, from the water pollution control revolving funds estab- lished by the States under title VI of this Act;
101 STAT. 28 PUBLIC LAW 100-4—FEB. 4, 1987 Loans. t?;-. .; "(D) an assessment of the operations, loan portfolio, and loan conditions of such revolving funds; "(E) an assessment of the effect on user charges of the assistance provided by such revolving funds compared to the assistance provided with funds appropriated pursuant 33 use 1287. to section 207 of this Act; and kifc "(F) an assessment of the efficiency of the operation and maintenance of treatment works constructed with assist- -Kz/j ance provided by such revolving funds compared to the efficiency of the operation and maintenance of treatment ot : ' works constructed with assistance provided under section 33 use 1281. 201 of this Act.". SEC. 213. IMPROVEMENT PROJECTS. ' ' ' (a) AvALON, CAUFORNIA.—The Administrator shall make a grant of $3,000,000 from funds allotted under section 205 of the Federal 33 use 1285. Water Pollution Control Act to the State of California for fiscal year 1987 to the city of Avalon, California, for improvements to the publicly owned treatment works of such city. (b) WALKER AND SMITHFIELD TOWNSHIPS, PENNSYLVANIA,—Out of funds available for grants in the State of Pennsylvania under the third sentence of section 201(g)(1) of the Federal Water Pollution Control Act in fiscal year 1987, the Administrator shall make grants— (1) to Walker Township, Pennsylvania, for developing a collec- tor system and connecting its wastewater treatment system into the Huntingdon Borough, Pennsylvania, sewage treatment plant, and (2) to Smithfield Township, Pennsylvania, for rehabilitating and extending its collector system. (c) TAYLOR MILL, KENTUCKY.—Notwithstanding section 201(gXl) of the Federal Water Pollution Control Act or any other provision of law, the Administrator shall make a grant of $250,000 from funds 37gi 3H* allotted under section 205 of such Act to the State of Kentucky for fiscal year 1986 to the city of Taylor Mill, Kentucky, for the repair and reconstruction, as necessary, of the publicly owned treatment works of such city. (d) NEVADA COUNTY, CALIFORNIA.—Out of funds available for grants in the State of California under the third sentence of section 201(g)(1) of the Federal Water Pollution Control Act in fiscal year 1987, the Administrator shall make a grant for the construction of a collection system serving the Glenshire/Devonshire area of Nevada County, California, to deliver waste to the Tahoe-Truckee Sanitary District's regional wastewater treatment facility. (e) TREATMENT WORKS FOR WANAQUE, N E W JERSEY.—In fiscal year 1987 and succeeding fiscal years, the Administrator shall make grants to the Wanaque Valley Regional Sewerage Authority, New Jersey, from funds allotted under section 205 of the Federal Water Pollution Control Act to the State of New Jersey for such fiscal year, for the construction of treatment works with a total treatment capacity of 1,050,000 gallons per day (including a treatment module with a treatment capacity of 350,000 gallons per day). Notwithstand- 33 use 1282. ing section 202 of such Act, the Federal share of the cost of construc- tion of such treatment works shall be 75 percent. (f) TREATMENT WORKS FOR LENA, ILUNOIS.—The Administrator shall make grants to the village of Lena, Illinois, from funds allotted under section 205 of the Federal Water Pollution Control Act to the
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 29 State of Illinois for fiscal years beginning after September 30, 1986, for the construction of a replacement moving bed filter press for the treatment works of such village. Notwithstanding section 202 of the Federal Water Pollution Control Act, the Federal share of the cost 33 USC 1282. of construction of such project shall be 75 percent. (g) PRIORITY FOR COURT-ORDERED AND OTHER PROJECTS.—The State Pennsylvania. of Pennsylvania, from funds allotted to it under section 205 of the Wyoming. Federal Water Pollution Control Act, shall give priority for 33 USC 1285. construction of— (1) the Wyoming Valley Sanitary Authority Secondary Treat- ment project mandated under Federal court order, regardless of the date of start of construction made pursuant to the court order; and (2) a project for wastewater treatment for Altoona, Penn- sylvania. SEC. 214. CHICAGO TUNNEL AND RESERVOIR PROJECT. The Chicago tunnel and reservoir project may receive grants under the last sentence of section 201(g)(1) of the Federal Water Pollution Control Act without regard to the limitation contained in 33 USC 1281. such sentence if the Administrator determines that such project meets the cost-effectiveness requirements of sections 217 and 218 of such Act without any redesign or reconstruction and if the Governor 33 USC 1297, of the affected State demonstrates to the satisfaction of the Adminis- ^298. trator the water quality benefits of such project. SEC. 215. AD VALOREM TAX DEDICATION. For the purposes of complying with section 204(b)(1) of the Federal New Hampshire. Water Pollution Control Act, the ad valorem tax user charge sys- Ante, p. 18. tems of the town of Hampton and the city of Nashua, New Hamp- shire, shall be deemed to have been dedicated as of December 27, 1977. The Administrator shall review such ad valorem tax user charge systems for compliance with the remaining requirements of such section and related regulations of the Environmental Protec- tion Agency. TITLE III—STANDARDS AND ENFORCEMENTS SEC. 301. COMPLIANCE DATES. (a) PRIORITY TOXIC POLLUTANTS.—Section 301(b)(2)(C) is amended 33 use 1311. by striking out "not later than July 1, 1984," and inserting after "of this paragraph" the following: "as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 304(b), and in no case later than 33 USC 1314. March 31,1989". Ob>) OTHER TOXIC POLLUTANTS.—Section 301(b)(2)(D) is amended by striking out "not later than three years after the date such limita- tions are established" and inserting in lieu thereof "as expeditiously as practicable, but in no case later than three years after the date such limitations are promulgated under section 3O40t)), and in no case later than March 31,1989". ^ ^ (c) CONVENTIONAL POLLUTANTS.—Section 301(b)(2)(E) is amended by striking "not later than July 1, 1984," and inserting in lieu thereof "as expeditiously as practicable but in no case later than
101 STAT. 30 PUBLIC LAW 100-4—FEB. 4, 1987 three years after the date such limitations are promulgated under 33 use 1314. section 304(b), and in no case later than March 31, 1989, compliance with". 33 use 1311. (d) OTHER POLX,UTANTS.—Section 301(b)(2)(F) is amended by strik- ing "not" after "subparagraph (A) of this paragraph" and inserting in lieu thereof "as expeditiously as practicable but in no case", and by striking "or not later than July 1, 1984," and all that follows c' through the end of the sentence and inserting in lieu thereof "and in no case later than March 31,1989.". (e) STRICTER BPT.—Section 301(b) is amended by adding at the end the following new paragraph: "(3)(A) for effluent limitations under paragraph (l)(A)(i) of this subsection promulgated after January 1, 1982, and requir- ing a level of control substantially greater or based on fun- damentally different control technology than under permits for an industrial category issued before such date, compliance as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 304(b), and in no case later than March 31, 1989; and .iCCj "(B) for any effluent limitation in accordance with paragraph (l)(A)(i), (2)(A)(i), or (2)(E) of this subsection established only on the basis of section 402(a)(1) in a permit issued after enactment •i.'il of the Water Quality Act of 1987, compliance as expeditiously as practicable but in no case later than three years after the date such limitations are established, and in no case later than March 31,1989.". 33 use 1311 (f) DEADLINES FOR REGULATIONS FOR CERTAIN TOXIC POLLUTANTS.— note. The Administrator shall promulgate final regulations establishing effluent limitations in accordance with sections 301(b)(2)(A) and 33 use 1317. 30703)(1) of the Federal Water Pollution Control Act for all toxic pollutants referred to in table 1 of Committee Print Numbered 95- 30 of the Committee on Public Works and Transportation of the House of Representatives which are discharged from the categories of point sources in accordance with the following table: .'•' ' :i^ '' - • Date by which the final regulation shall Category ': -> ' be promulgated Organic chemicals and plastics and synthetic fibers December 31, 1986. Pesticides December 31, 1986. SEC. 302. MODIFICATION FOR NONCONVENTIONAL POLLUTANTS. (a) LISTING OF POLLUTANTS.—Section 301(g) is amended by re- >if;l D?.; ^H ' designating paragraph (2) (and any references thereto) as paragraph (3) and by striking out all that precedes subparagraph (A) of para- graph (1) and inserting in lieu thereof the following: "(g) MODIFICATIONS FOR CERTAIN NONCONVENTIONAL POLLUT- ANTS.— state and local "(1) GENERAL AUTHORITY.—The Administrator, with the governments. concurrence of the State, may modify the requirements of Chemicals. subsection (b)(2)(A) of this section with respect to the discharge ' : from any point source of ammonia, chlorine, color, iron, and <s total phenols (4AAP) (when determined by the Administrator to njir. be a pollutant covered by subsection (b)(2)(F)) and any other
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 31 pollutant which the Administrator lists under paragraph (4) of this subsection. "(2) REQUIREMENTS FOR GRANTING MODIFICATIONS.—A modi- fication under this subsection shall be granted only upon a showing by the owner or operator of a point source satisfactory to the Administrator that—". (b) PROCEDURE FOR LISTING ADDITIONAL POLLUTANTS; REMOVAL.— Section 301(g) is further amended by adding at the end thereof the Ante, p. 30. following new paragraphs: "(4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.— "(A) GENERAL AUTHORITY.—Upon petition of any person, li^ OSJ the Administrator may add any pollutant to the list of pollutants for which modification under this section is au- thorized (except for pollutants identified pursuant to sec- !: ;:i tion 304(a)(4) of this Act, toxic pollutants subject to section 33 USC 1314. 307(a) of this Act, and the thermal component of discharges) 33 USC 1317. in accordance with the provisions of this paragraph. "(B) REQUIREMENTS FOR LISTING.— "(i) SUFFICIENT INFORMATION.—The person petition- ing for listing of an additional pollutant under this subsection shall submit to the Administrator sufficient information to make the determinations required by this subparagraph. "(ii) TOXIC CRITERIA DETERMINATION.—The Adminis- trator shall determine whether or not the pollutant meets the criteria for listing as a toxic pollutant under \ •^ section 307(a) of this Act. "(iii) LISTING AS TOXIC POLLUTANT.—If the Adminis- ; trator determines that the pollutant meets the criteria for listing as a toxic pollutant under section 307(a), the Administrator shall list the pollutant as a toxic pollut- ant under section 307(a). "(iv) NONCONVENTIONAL CRITERIA DETERMINATION.— If the Administrator determines that the pollutant does '> not meet the criteria for listing as a toxic pollutant under such section and determines that adequate test ,i, methods and sufficient data are available to make the determinations required by paragraph (2) of this subsection with respect to the pollutant, the Adminis- trator shall add the pollutant to the list of pollutants specified in paragraph (1) of this subsection for which modifications are authorized under this subsection. " "(C) REQUIREMENTS FOR FILING OF PETITIONS.—A petition for listing of a pollutant under this paragraph— i:. "(i) must be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 304; •. , - "(ii) may be filed before promulgation of such guide- line; and "(iii) may be filed with an application for a modifica- tion under paragraph (1) with respect to the discharge of such pollutant. "(D) DEADLINE FOR APPROVAL OF PETITION.—A decision to ?, add a pollutant to the list of pollutants for which modifica- tions under this subsection are authorized must be made within 270 days after the date of promulgation of an ap- plicable effluent guideline under section 304.
101 STAT. 32 PUBLIC LAW 100-4—FEB. 4, 1987 V) ( ' rto "(E) BURDEN OF PROOF.—The burden of proof for making the determinations under subparagraph (B) shall be on the ' ^- petitioner. "(5) REMOVAL OF POLLUTANTS.—The Administrator may remove any pollutant from the list of pollutants for which modifications are authorized under this subsection if the Administrator determines that adequate test methods and suffi- t! v njK cient data are no longer available for determining whether or not modifications may be granted with respect to such pollutant under paragraph (2) of this subsection.". 33 use 1311. (c) DEADLINE FOR APPROVAL OF MODIFICATIONS.—Section 301(j) is amended— (1) in paragraph (2) by striking out "Any" and inserting in lieu thereof "Subject to paragraph (3) of this section, any"; and fc 't • /U (2) by adding at the end thereof the following new paragraphs: f ' ' ;J . ; "(3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (g).— "(A) EFFECT OF FILING.—An application for a modification under subsection (g) and a petition for listing of a pollutant as a pollutant for which modifications are authorized under such subsection shall not stay the requirement that the person seeking such modification or listing comply with effluent limitations under this Act for all pollutants not the subject of such application or petition. % "(B) EFFECT OF DISAPPROVAL.—Disapproval of an applica- tion for a modification under subsection (g) shall not stay the requirement that the person seeking such modification comply with all applicable effluent limitations under this -^'™'^" Act. "(4) DEADLINE FOR SUBSECTION (g) DECISION.—An application for a modification with respect to a pollutant filed under subsec- ••fvi tion (g) must be approved or disapproved not later than 365 days after the date of such filing; except that in any case in which a . petition for listing such pollutant as a pollutant for which e;iO modifications are authorized under such subsection is approved, such application must be approved or disapproved not later than 365 days after the date of approval of such petition.", (d) CONFORMING AMENDMENTS.—(1) Paragraph (3) of section 301(g), as redesignated by subsection (a) of this section, is amended by inserting "LIMITATION ON AUTHORITY TO APPLY FOR SUBSECTION (c) MODIFICATION.—" before "If an owner" and by aligning such para- graph with paragraph (4) of such section, as added by subsection (b) of this section. (2) Paragraph (2) of section 301(g) (as designated by subsection (a) of this section) is amended by realigning subparagraphs (A), (B), and (C) with subparagraph (A) of paragraph (4), as added by subsection (b) of this section. 33 u s e 1311 (e) APPLICATION.— note. ,, (1) GENERAL RULE.—Except as provided in paragraph (2), the amendments made by this section shall apply to all requests for modifications under section 301(g) of the Federal Water Pollu- tion Control Act pending on the date of the enactment of this Act and shall not have the effect of extending the deadline ''-^ established in section 301(j)(l)(B) of such Act. (2) EXCEPTION.—The amendments made by this section shall not affect any application for a modification with respect to the '< discharge of ammonia, chlorine, color, iron, or total phenols (4AAP) under section 301(g) of the Federal Water Pollution
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 33 Control Act pending on the date of the enactment of this Act; except that the Administrator must approve or disapprove such application not later than 365 days after the date of such - '' ' . enactment. '" , SEC. 303. DISCHARGES INTO MARINE WATERS. (a) CONSIDERATION OF OTHER SOURCES OF POLLUTANTS.—Section 301(h)(2) is amended by striking out "such modified requirements 33 USC 1311. will not interfere" and inserting in lieu thereof the following: "the discharge of pollutants in accordance with such modified require- ments will not interfere, alone or in combination with pollutants from other sources,". (b) LIMITATION ON SCOPE OF MONITORING.— * (1) GENERAL RULE.—Section 301(h)(3) is amended by inserting *' before the semicolon at the end thereof the following: ", and the scope of such monitoring is limited to include only those sci- entific investigations which are necessary to study the effects of ' the proposed discharge". * (2) LIMITATION ON APPLICABILITY.—The amendment made by 33 USC 1311 subsection (b) shall only apply to modifications and renewals of ^°^- ; modifications which are tentatively or finally approved after the date of the enactment of this Act. (c) URBAN AREA PRETREATMENT PROGRAM.—Section 301(h) is amended by redesignating paragraphs (6) and (7), and any references thereto, as paragraphs (7) and (8), respectively, and by inserting after paragraph (5) the following new paragraph: "(6) in the case of any treatment works serving a population .ry,.^ tiv of 50,000 or more, with respect to any toxic pollutant introduced into such works by an industrial discharger for which pollutant there is no applicable pretreatment requirement in effect, sources introducing waste into such works are in compliance with all applicable pretreatment requirements, the applicant will enforce such requirements, and the applicant has in effect a pretreatment program which, in combination with the treat- j.j >• ment of discharges from such works, removes the same amount c of such pollutant as would be removed if such works were to apply secondary treatment to discharges and if such works had no pretreatment program with respect to such pollutant;". (d) PRIMARY TREATMENT FOR EFFLUENT.— (1) GENERAL RULE.—Section 301(h) is amended by striking out the period at the end of paragraph (8) (as redesignated by subsection (c) of this section) and inserting in lieu thereof a semicolon and by inserting after such paragraph (8) the follow- DSi ing new paragraph: "(9) the applicant at the time such modification becomes effective will be discharging effluent which has received at least primary or equivalent treatment and which meets the criteria established under section 304(a)(1) of this Act after initial 33 USC 1314. mixing in the waters surrounding or adjacent to the point at jl which such effluent is discharged.". (2) PRIMARY OR EQUIVALENT TREATMENT DEFINED.—Such sec- tion is further amended by inserting after the second sentence the following new sentence: "For the purposes of paragraph (9), 'primary or equivalent treatment' means treatment by screen- ing, sedimentation, and skimming adequate to remove at least 30 percent of the biological oxygen demanding material and of
101 STAT. 34 PUBLIC LAW 100-4—FEB. 4, 1987 the suspended solids in the treatment works influent, and dis- infection, where appropriate.". Fish and fishing. (e) LIMITATIONS ON ISSUANCE OF PERMITS.—Section 301(h) is fur- Wildlife. ther amended by adding at the end thereof the following new Ante, p. 33. sentences: "In order for a permit to be issued under this subsection for the discharge of a pollutant into marine waters, such marine waters must exhibit characteristics assuring that water providing dilution does not contain significant amounts of previously dis- charged effluent from such treatment works. No permit issued under this subsection shall authorize the discharge of any pollutant into saline estuarine waters which at the time of application do not support a balanced indigenous population of shellfish, fish and wildlife, or allow recreation in and on the waters or which exhibit ambient water quality below applicable water quality standards adopted for the protection of public water supplies, shellfish, fish and wildlife or recreational activities or such other standards nec- essary to assure support and protection of such uses. The prohibition contained in the preceding sentence shall apply without regard to the presence or absence of a causal relationship between such characteristics and the applicant's current or proposed discharge. Notwithstanding any other provisions of this subsection, no permit may be issued under this subsection for discharge of a pollutant into the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.". (f) APPUCATION FOR OCEAN DISCHARGE MODIFICATION.—Section 301(j)(l)(A) is amended by inserting before the semicolon at the end Contracts. thereof the following: ", except that a publicly owned treatment works which prior to December 31, 1982, had a contractual arrange- ment to use a portion of the capacity of an ocean outfall operated by another publicly owned treatment works which has applied for or received modification under subsection (h), may apply for a modi- fication of subsection (h) in its own right not later than 30 days after the date of the enactment of the Water Quality Act of 1987". 33 u s e 1311 (g) GRANDFATHER OF CERTAIN APPUCANTS.—The amendments note. made by subsections (a), (c), (d), and (e) of this section shall not apply to an application for a permit under section 301(h) of the Federal Water Pollution Control Act which has been tentatively or finally approved by the Administrator before the date of the enactment of this Act; except that such amendments shall apply to all renewals of such permits after such date of enactment. SEC. 304. FILING DEADLINE FOR TREATMENT WORKS MODIFICATION. 33 u s e 1311. (a) EXTENSION.—The second sentence of section 301(i)(l) is amended by striking out "of this subsection." and inserting in lieu thereof "of the Water Quality Act of 1987.". (h) APPUCABIUTY.—The amendment made by subsection (a) shall not apply to those treatment works which are subject to a compli- -t-vr ance schedule established before the date of the enactment of this Act by a court order or a final administrative order. SEC. 305. INNOVATIVE TECHNOLOGY COMPLIANCE DEADLINES FOR DIRECT DISCHARGERS. (a) EXTENSION OF DEADUNE.—Section 301(k) is amended by strik- ing out "July 1, 1987," and inserting in lieu thereof "two years after the date for compliance with such effluent limitation which would otherwise be applicable under such subsection,".
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 35 (b) EXTENSION TO CONVENTIONAL POLLUTANTS.—Section 301(k) is 33 use i3ii. amended by inserting "or (bX2)(E)" after "(b)(2)(A)" each place it appears. SEC. 306. FUNDAMENTALLY DIFFERENT FACTORS. (a) GENERAL RULE,—Section 301 is amended by adding at the end the following new subsections: "(n) FUNDAMENTALLY DIFFERENT FACTORS.— "(1) GENERAL RULE.—The Administrator, with the concur- State and local rence of the State, may establish an alternative requirement governments. under subsection (b)(2) or section 307(b) for a facility that modi- 33 use 1317. fies the requirements of national effluent limitation guidelines or categorical pretreatment standards that would otherwise be applicable to such facility, if the owner or operator of such facility demonstrates to the satisfaction of the Administrator that— "(A) the facility is fundamentally different with respect to the factors (other than cost) specified in section 304(b) or 304(g) and considered by the Administrator in establishing 33 use 1314. such national effluent limitation guidelines or categorical pretreatment standards; "(B) the application— "(i) is based solely on information and supporting . data submitted to the Administrator during the rule- making for establishment of the applicable national effluent limitation guidelines or categorical pretreatment standard specifically raising the factors that are fundamentally different for such facility; or "(ii) is based on information and supporting data referred to in clause (i) and information and supporting data the applicant did not have a reasonable oppor- ,,. , tunity to submit during such rulemaking; "(C) the alternative requirement is no less stringent than justified by the fundamental difference; and "(D) the alternative requirement will not result in a non- water quality environmental impact which is markedly more adverse than the impact considered by the Adminis- trator in establishing such national effluent limitation guideline or categorical pretreatment standard. "(2) TIME UMIT FOR APPUCATIONS.—An application for an alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsec- tion must be submitted to the Administrator within 180 days after the date on which such limitation or standard is estab- lished or revised, as the case may be. "(3) TIME UMIT FOR DECISION.—The Administrator shall ap- prove or deny by final agency action an application submitted under this subsection within 180 days after the date such application is filed with the Administrator. '(4) SUBMISSION OF INFORMATION.—The Administrator may allow an applicant under this subsection to submit information and supporting data until the earlier of the date the application is approved or denied or the last day that the Administrator has to approve or deny such application. "(5) TREATMENT OF PENDING APPUCATIONS.—For the purposes of this subsection, an application for an alternative requirement based on fundamentally different factors which is pending on
101 STAT. 36 PUBLIC LAW 100-4—FEB. 4, 1987 iif r ;;l ?' r:d i the date of the enactment of this subsection shall be treated as ji having been submitted to the Administrator on the 180th day following such date of enactment. The applicant may amend the application to take into account the provisions of this subsection. i -. "(6) EFFECT OF SUBMISSION OF APPLICATION.—An application for an alternative requirement under this subsection shall not stay the applicant's obligation to comply with the effluent c "' b:ty. ., ^^. ' • limitation guideline or categorical pretreatment standard which • ^ is the subject of the application. "(7) EFFECT OF DENIAL.—If an application for an alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection is denied by the Administrator, the applicant must comply with such limitation or standard as established or revised, as the case may be. -JK "(8) REPORTS.—Every 6 months after the date of the enact- ' ^' ment of this subsection, the Administrator shall submit to the ''•• 3 Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the status of applications for alternative requirements which modify the requirements of 33 use 1311, effluent limitations under section 301 or 304 of this Act or any 1314. national categorical pretreatment standard under section 307(b) 33 use 1317. Qf ^j^^g p^Q^ £jjgjj before, on, or after such date of enactment. "(o) APPLICATION FEES.—The Administrator shall prescribe and collect from each applicant fees reflecting the reasonable adminis- trative costs incurred in reviewing and processing applications for modifications submitted to the Administrator pursuant to subsec- tions (c), (g), (i), (k), (m), and (n) of section 301, section 304(d)(4), and 33 use 1326. section 316(a) of this Act. All amounts collected by the Adminis- trator under this subsection shall be deposited into a special fund of the Tre£isury entitled 'Water Permits and Related Services' which shall thereafter be available for appropriation to carry out activities of the Environmental Protection Agency for which such fees were collected.". 33 u s e 1311. 0)) CONFORMING AMENDMENT.—Section 301(1) is amended by strik- ing out "The" and inserting in lieu thereof "Other than as provided Ante, p. 35. in subsection (n) of this section, the". 33 u s e 1342 (c) PHOSPHATE FERTIUZER EFFLUENT LIMITATION.— note. (1) ISSUANCE OF PERMIT.—As soon as possible after the date of the enactment of this Act, but not later than 180 days after such date of enactment, the Administrator shall issue permits under section 402(a)(lXB) of the Federal Water Pollution Control Act with respect to facilities— (A) which were under construction on or before April 8, 1974, and (B) for which the Administrator is proposing to revise the applicability of the effluent limitation established under section 301(b) of such Act for phosphate subcategory of the fertilizer manufacturing point source category to exclude such facilities. (2) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in g©[ this section shall be construed— hi'^ (A) to require the Administrator to permit the discharge rjo of gypsum or gypsum waste into the navigable waters,
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 37 (B) to affect the procedures and standards applicable to the Administrator in issuing permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act, and 33 USC 1342. (C) to affect the authority of any State to deny or condi- tion certification under section 401 of such Act with respect 33 USC 1341. to the issuance of permits under section 402(a)(1)(B) of such Act. SEC. 307. COAL REMINING OPERATIONS. Section 301 is amended by adding at the end thereof the following: 33 USC 1311. "(p) MODIFIED PERMIT FOR COAL REMINING OPERATIONS.— Ante, p. 35. "(1) IN GENERAL.—Subject to paragraphs (2) through (4) of this State and local subsection, the Administrator, or the State in any case which governments, the State has an approved permit program under section 402(b), 33 USC 1342. may issue a permit under section 402 which modifies the requirements of subsection (b)(2)(A) of this section with respect to the pH level of any pre-existing discharge, and with respect to pre-existing discharges of iron and manganese from the remined area of any coal remining operation or with respect to the pH level or level of iron or manganese in any pre-existing discharge affected by the remining operation. Such modified requirements shall apply the best available technology economi- cally achievable on a case-by-case basis, using best professional judgment, to set specific numerical effluent limitations in each permit. • "(2) LIMITATIONS.—The Administrator or the State may only state and local issue a permit pursuant to paragraph (1) if the applicant dem- governments, onstrates to the satisfaction of the Administrator or the State, as the case may be, that the coal remining operation will result in the potential for improved water quality from the remining operation but in no event shall such a permit allow the pH level of any discharge, and in no event shall such a permit allow the discharges of iron and manganese, to exceed the levels being discharged from the remined area before the coal remining operation begins. No discharge from, or affected by, the remining operation shall exceed State water quality standards established under section 303 of this Act. 33 USC 1313. m "(3) DEFINITIONS.—For purposes of this subsection— "(A) COAL REMINING OPERATION.—The term 'coal remining operation' means a coal mining operation which begins after the date of the enactment of this subsection at a site on which coal mining was conducted before the effective date of the Surface Mining Control and Reclama- tion Act of 1977. 30 use 1201 ,c "(B) REMINED AREA.—The term 'remined area' means note. ,^ only that area of any coal remining operation on which coal mining was conducted before the effective date of the Sur- face Mining Control and Reclamation Act of 1977. "(C) PRE-EXISTING DISCHARGE.—The term 'pre-existing dis- charge' means any discharge at the time of permit applica- tion under this subsection. "(4) APPLICABILITY OF STRIP MINING LAWS.—Nothing in this subsection shall affect the application of the Surface Mining Control and Reclamation Act of 1977 to any coal remining operation, including the application of such Act to suspended solids.".
101 STAT. 38 PUBLIC LAW 100-4—FEB. 4, 1987 SEC. 308. INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS. 33 use 1314. (a) IN GENERAL.—Section 304 is amended by adding at the end thereof the following new subsection: "(1) INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.— "(1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT OF STRATEGIES.—Not later than 2 years after the date of the enact- ment of this subsection, each State shall submit to the Adminis- trator for review, approval, and implementation under this subsection— Agriculture and "(A) a list of those waters within the State which after agricultural the application of effluent limitations required under sec- commodities. tion 301(b)(2) of this Act cannot reasonably be anticipated to Fish and fishing. Wildlife. attain or maintain (i) water quality standards for such 33 u s e 1311. waters reviewed, revised, or adopted in accordance with 33 u s e 1313. section 303(c)(2)(B) of this Act, due to toxic pollutants, or (ii) that water quality which shall assure protection of public ••' health, public water supplies, agricultural and industrial uses, and the protection and propagation of a balanced population of shellfish, fish and wildlife, and allow rec- reational activities in and on the water; "(B) a list of all navigable waters in such State for which the State does not expect the applicable standard under section 303 of this Act will be achieved after the require- 33 u s e 1316, ments of sections 3010t)), 306, and 3070t)) are met, due 1317. entirely or substantially to discharges from point sources of '' ' any toxic pollutants listed pursuant to section 307(a); "^ "(C) for each segment of the navigable waters included on such lists, a determination of the specific point sources discharging any such toxic pollutant which is believed to be preventing or impairing such water quality and the amount of each such toxic pollutant discharged by each such source; and "(D) for each such segment, an individual control strategy ' which the State determines will produce a reduction in the discharge of toxic pollutants from point sources identified *-' '< by the State under this paragraph through the establish- 33 use 1342. ment of effluent limitations under section 402 of this Act and water quality standards under section 303(c)(2)(B) of - this Act, which reduction is sufficient, in combination with • existing controls on point and nonpoint sources of pollution, to achieve the applicable water quality standard as soon as ^* possible, but not later than 3 years after the date of the establishment of such strategy. State and local "(2) APPROVAL OR DISAPPROVAL.—Not later than 120 days after governments. the last day of the 2-year period referred to in paragraph (1), the Administrator shall approve or disapprove the control strate- gies submitted under paragraph (1) by any State. "(3) ADMINISTRATOR'S ACTION.—If a State fails to submit con- trol strategies in accordance with paragraph (1) or the Adminis- trator does not approve the control strategies submitted by such State in accordance with parsigraph (1), then, not later than 1 k year after the last day of the period referred to in paragraph (2), T the Administrator, in cooperation with such State and after T notice and opportunity for public comment, shall implement the I requirements of paragraph (1) in such State. In the implementa- tion of such requirements, the Administrator shall, at a mini-
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 39 mum, consider for listing under this subsection any navigable waters for which any person submits a petition to the Adminis- trator for listing not later than 120 days after such last day.". 0)) JUDICIAL REVIEW.—Section 509(b)(1) is amended— 33 u s e 1369. (1) by striking out "and (F)" and inserting in lieu thereof "(F)"; and (2) by inserting after "any permit under section 402," the 33 USC 1342. following: "and (G) in promulgating any individual control strategy under section 304(1),". Ante, p. 38. (c) GUIDANCE TO STATES; INFORMATION ON WATER QUALITY CRI- TERIA FOR TOXICS.—Section 304(a) is amended by adding at the end 33 USC 1314. the following new paragraphs: "(7) GUIDANCE TO STATES.—The Administrator, after consulta- tion with appropriate State agencies and on the basis of criteria and information published under paragraphs (1) and (2) of this subsection, shall develop and publish, within 9 months after the date of the enactment of the Water Quality Act of 1987, guid- ance to the States on performing the identification required by section 304(1X1) of this Act. "(8) INFORMATION ON WATER QUAUTY CRITERIA.—The Adminis- •* trator, after consultation with appropriate State agencies and within 2 years after the date of the enactment of the Water Quality Act of 1987, shall develop and publish information on ' ' methods for establishing and measuring water quality criteria for toxic pollutants on other bases than poUutant-by-poUut- ant criteria, including biological monitoring and assessment methods.". (d) WATER QUAUTY CRITERIA FOR TOXIC POLLUTANTS.—Section 303(c)(2) is amended by inserting "(A)" after "(2)" and by adding the 33 use 1313. following new subparagraph: "(B) Whenever a State reviews water quality standards pursuant State and local to paragraph (1) of this subsection, or revises or adopts new stand- governments, ards pursuant to this paragraph, such State shall adopt criteria for all toxic pollutants listed pursuant to section 307(a)(1) of this Act for 33 use 1317. which criteria have been published under section 304(a), the dis- 33 use 1314. charge or presence of which in the affected waters could reasonably be expected to interfere with those designated uses adopted by the State, as necessary to support such designated uses. Such criteria m shall be specific numerical criteria for such toxic pollutants. Where such numerical criteria are not available, whenever a State reviews water quality standards pursuant to paragraph (1), or revises or adopts new standards pursuant to this paragraph, such State shall adopt criteria based on biological monitoring or assessment methods consistent with information published pursuant to section 304(a)(8). Nothing in this section shall be construed to limit or delay the use of effluent limitations or other permit conditions based on or involving biological monitoring or assessment methods or previously adopted numerical criteria.". (e) MODIFICATIONS OF EFFLUENT LIMITATIONS.— (1) I N GENERAL.—Section 3020t)) is amended to read as follows: 33 use 1312. "(b) MODIFICATIONS OF EFFLUENT LIMITATIONS.— "(1) NOTICE AND HEARING.—Prior to establishment of any effluent limitation pursuant to subsection (a) of this section, the Administrator shall publish such proposed limitation and within 90 days of such publication hold a public hearing. "(2) PERMITS.—
101 STAT. 40 PUBLIC LAW 100-4—FEB. 4, 1987 •"' "(A) No REASONABLE RELATIONSHIP.—The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsec- tion (a) of this section for pollutants other than toxic pollut- ants if the applicant demonstrates at such hearing that (whether or not technology or other alternative control ' strategies are available) there is no reasonable relationship between the economic and social costs and the benefits to be obtained (including attainment of the objective of this Act) from achieving such limitation. "^ "(B) REASONABLE PROGRESS.—The Administrator, with the concurrence of the State, may issue a permit which modi- ,:.": fies the effluent limitations required by subsection (a) of xtt*^' this section for toxic pollutants for a single period not to -W: exceed 5 years if the applicant demonstrates to the satisfac- ,ri tion of the Administrator that such modified requirements .:u (i) will represent the maximum degree of control within the / i economic capability of the owner and operator of the source, and (ii) will result in reasonable further progress 33 u s e 1311. beyond the requirements of section 301(b)(2) toward the requirements of subsection (a) of this section.". 33 u s e 1312. ,, (2) CONFORMING AMENDMENTS.—Section 302(a) is amended— Ante, p. 38. (A) by inserting "or as identified under section 304(1)" after "in the judgment of the Administrator"; and (B) by inserting "public health," after "protection o f . (f) SCHEDULE FOR REVIEW OF GUIDELINES.—Section 304 is amended by adding at the end the following new subsection: "(m) SCHEDULE FOR REVIEW OF GUIDELINES.— Federal "(1) PUBLICATION.—Within 12 months after the date of the Register, enactment of the Water Quality Act of 1987, and biennially publication. thereafter, the Administrator shall publish in the Federal Reg- ister a plan which shall— "(A) establish a schedule for the annual review and revi- "<• 1 sion of promulgated effluent guidelines, in accordance with subsection (b) of this section; "(B) identify categories of sources discharging toxic or nonconventional pollutants for which guidelines under 33 u s e 1316. subsection (b)(2) of this section and section 306 have not previously been published; and "(C) establish a schedule for promulgation of effluent 2¥ guidelines for categories identified in subparagraph (B), ., under which promulgation of such guidelines shall be no ' later than 4 years after such date of enactment for cat- egories identified in the first published plan or 3 years after the publication of the plan for categories identified in later -' published plans. f* "(2) PuBUC REVIEW.—The Administrator shall provide for public review and comment on the plan prior to final publication.". 33 u s e 1375 (g) WATER QUALITY IMPROVEMENT STUDY.— note. (1) STUDY.—The Administrator shall study the water quality improvements which have been achieved by application of best t available technology economically achievable pursuant to sec- «5 tion 301(b)(2) of the Federal Water Pollution Control Act. Such -' study shall include, but not be limited to, an analysis of the effectiveness of the application of best available technology economically achievable pursuant to such section in attaining
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 41 applicable water quality standards (including the standard specified in section 302(a) of such Act) and an analysis of the Ante, p. 40. effectiveness of the water quality program under such Act and methods of improving such program, including site specific ; levels of treatment which will achieve the water quality goals of M^:-i 'irAirm f such Act. J (2) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report on the results of the study conducted under subsection (a) together with recommendations for improving the water quality program and its effectiveness to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. SEC. 309. PRETREATMENT STANDARDS. (a) EXTENSION OF COMPUANCE DATE BY POTW.—Section 307 is 33 u s e 1317. amended by adding at the end the following: "(e) COMPLIANCE DATE EXTENSION FOR INNOVATIVE PRETREATMENT SYSTEMS.—In the case of any existing facility that proposes to comply with the pretreatment standards of subsection Ot») of this section by applying an innovative system that meets the require- ments of section 301(k) of this Act, the owner or operator of the Ante, p. 34. publicly owned treatment works receiving the treated effluent from such facility may extend the date for compliance with the applicable pretreatment standard established under this section for a period not to exceed 2 years— "(1) if the Administrator determines that the innovative system has the potential for industrywide application, and "(2) if the Administrator (or the State in consultation with the State and local Administrator, in any case in which the State has a governments. pretreatment program approved by the Administrator)— "(A) determines that the proposed extension will not »ii V, cause the publicly owned treatment works to be in violation of its permit under section 402 or of section 405 or to 33 u s e 1342, contribute to such a violation, and 1345. "(B) concurs with the proposed extension.". (b) INCREASE IN EPA EMPLOYEES.—The Administrator shall take 33 u s e 1317 such actions as may be necessary to increase the number of em- note. ployees of the Environmental Protection Agency in order to effec- tively implement pretreatment requirements under section 307 of the Federal Water Pollution Control Act. SEC. 310. INSPECTION AND ENTRY. « (a) UNAUTHORIZED DISCLOSURE.— (1) I N GENERAL.—Section 3080)) is amended by striking out all Classified that follows "Code" and inserting in lieu thereof a period and information. the following: "Any authorized representative of the Adminis- Records. trator (including an authorized contractor acting as a represent- 33 u s e 1318. ative of the Administrator) who knowingly or willfully pub- lishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection ;. shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized representative of the Administrator (including any authorized contractor acting as a representative of the Administrator) from disclosing records,
101 STAT. 42 PUBLIC LAW 100-4—FEB. 4, 1987 reports, or information to other officers, employees, or au- thorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act.". 33 u s e 1318. (2) CONFORMING AMENDMENT.—Section 308(a)(B) is amended by inserting "(including an authorized contractor acting as a representative of the Administrator)" after "or his authorized representative". (b) ACCESS BY CONGRESS.—Section 308 is amended by adding at the end the following new subsection: "(d) ACCESS BY CONGRESS.—Notwithstanding any limitation con- tained in this section or any other provision of law, all information reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this Act shall be made available, upon written request of any duly authorized committee of Congress, to such committee.". SEC. 311. MARINE SANITATION DEVICES. 33 u s e 1322. (a) STATE REGULATION OF HOUSEBOATS.—Section 312(f)(1) is amend- ed by striking out "After" and inserting in lieu thereof "(A) Except as provided in subparagraph (B), after" and by adding at the end thereof the following: "(B) A State may adopt and enforce a statute or regulation with respect to the design, manufacture, or installation or use of any marine sanitation device on a houseboat, if such statute or regula- tion is more stringent than the standards and regulations promul- gated under this section. For purposes of this paragraph, the term 'houseboat' means a vessel which, for a period of time determined by the State in which the vessel is located, is used primarily as a residence and is not used primarily as a means of transportation.". (b) STATE ENFORCEMENT.—Section 312(k) is amended by adding at the end the following: "The provisions of this section may also be enforced by a State.". SEC. 312. CRIMINAL PENALTIES. 33 u s e 1319. Section 309(c) is amended to read as follows: .^.-i .« "(c) CRIMINAL PENALTIES.— , , iv "(1) NEGLIGENT VIOLATIONS.—Any person who— State and local "(A) negligently violates section 301, 302, 306, 307, 308, governments. 318, or 405 of this Act, or any permit condition or limitation 33 use implementing any of such sections in a permit issued under 1311,1312, 1316-1318, 1328, section 402 of this Act by the Administrator or by a State, 1345. or any requirement imposed in a pretreatment program 33 u s e 1342. approved under section 402(a)(3) or 402(b)(8) of this Act or in 33 u s e 1344. a permit issued under section 404 of this Act by the Sec- retary of the Army or by a State; or Hazardous "(B) negligently introduces into a sewer system or into a materials. publicly owned treatment works any pollutant or hazardous State and local governments. substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to violate any effluent limita- tion or condition in any permit issued to the treatment 3 i works under section 402 of this Act by the Administrator or ;^b a State;
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 43 shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or by both. "(2) KNOWING VIOLATIONS.—Any person who— "(A) knowingly violates section 301, 302, 306, 307, 308, State and local 318, or 405 of this Act, or any permit condition or limitation governments. implementing any of such sections in a permit issued under 33 u s e 1311, 1312, 1316, 1317, section 402 of this Act by the Administrator or by a State, 1318, 1328, 1345. or any requirement imposed in a pretreatment program 33 u s e 1342. approved under section 402(a)(3) or 402(b)(8) of this Act or in a permit issued under section 404 of this Act by the Sec- 33 u s e 1344. retary of the Army or by a State; or "(B) knowingly introduces into a sewer system or into a Hazardous publicly owned treatment works any pollutant or hazardous materials. substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to violate any effluent limita- tion or condition in a permit issued to the treatment works under section 402 of this Act by the Administrator or a State; shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or by both. "(3) KNOWING ENDANGERMENT.— "(A) GENERAL RULE.—Any person who knowingly violates state and local section 301, 302, 303, 306, 307, 308, 318, or 405 of this Act, or governments. any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act by the Administrator or by a State, or in a permit issued under section 404 of this Act by the Secretary of the Army or by a State, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. A person which is an organiza- tion shall, upon conviction of violating this subparagraph, be subject to a fine of not more than $1,000,000. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both fine and imprisonment. "(B) ADDITIONAL PROVISIONS.—For the purpose of subparagraph (A) of this paragraph— "(i) in determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger of death or serious bodily injury—
101 STAT. 44 PUBLIC LAW 100-4—FEB. 4, 1987 "(I) the person is responsible only for actual awareness or actual belief that he possessed; and ^f "(II) knowledge possessed by a person other than :>0«r the defendant but not by the defendant himself may not be attributed to the defendant; except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information; "(ii) it is an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged u ">/- were reasonably foreseeable hazards of— I"- i ' ' ^ u ';i "(I) an occupation, a business, or a profession; or "(II) medical treatment or medical or scientific Ol' , experimentation conducted by professionally ap- proved methods and such other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this subparagraph by a preponderance of the evidence; "(iii) the term 'organization' means a legal entity, -S^J.J ' other than a government, established or organized for any purpose, and such term includes a corporation, '"' company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons; and -' ' "(iv) the term 'serious bodily injury' means bodily injury which involves a substantial risk of death, ' ' unconsciousness, extreme physical pain, protracted •• and obvious disfigurement, or protracted loss or impair- ment of the function of a bodily member, organ, or mental faculty. Records. "(4) FALSE STATEMENTS.—Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or by both. "(5) TREATMENT OF SINGLE OPERATIONAL UPSET.—For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. "(6) RESPONSIBLE CORPORATE OFFICER AS 'PERSON'.—For the purpose of this subsection, the term 'person' means, in addition 33 use 1362. to the definition contained in section 502(5) of this Act, any responsible corporate officer. "(7) HAZARDOUS SUBSTANCE DEFINED.—For the purpose of this subsection, the term 'hazardous substance' means (A) any sub-
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 45 stance designated pursuant to section 311(b)(2)(A) of this Act, (B) 33 USC 1321. any element, compound, mixture, solution, or substance des- ignated pursuant to section 102 of the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980, (C) 42 USC 9602. any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under 42 USC 6921. the Solid Waste Disposal Act has been suspended by Act of Congress), (D) any toxic pollutant listed under section 307(a) of this Act, and (E) any imminently hazardous chemical substance 33 USC 1317. or mixture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act.". 15 USC 2606. SEC. 313. CIVIL PENALTIES. (a) VIOLATIONS OF PRETREATMENT REQUIREMENTS.— (1) GENERAL RULE.—Section 309(d) is amended by inserting 33 USC 1319. ", or any requirement imposed in a pretreatment program ap- proved under section 402(a)(3) or 402(b)(8) of this Act," after 33 USC 1342. "section 404 of this Act by a State,". 33 USC 1344. (2) SAVINGS PROVISION.—No State shall be required before State and local July 1, 1988, to modify a permit program approved or submitted governments. 33 USC 1319 under section 402 of the Federal Water Pollution Control Act as note. a result of the amendment made by paragraph (1). (b) INCREASED PENALTY.— (1) GENERAL RULE.—Section 309(d) is amended by striking out "$10,000 per day of such violation" and inserting in lieu thereof "$25,000 per day for each violation". (2) INCREASED PENALTIES NOT REQUIRED UNDER STATE PRO- 33 USC 1319 GRAMS.—The Federal Water Pollution Control Act shall not be note. 33 USC 1251 construed as requiring a State to have a civil penalty for note. violations described in section 309(d) of such Act which has the same monetary amount as the civil penalty established by such section, as amended by paragraph (1). Nothing in this para- ' graph shall affect the Administrator's authority to establish or adjust by regulation a minimum acceptable State civil penalty. (c) FACTORS T O CONSIDER IN DETERMINING PENALTY AMOUNT.— Courts, U.S. Section 309(d) is amended by adding at the end thereof the following: "In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.". (d) VIOLATIONS OF SECTION 404 PERMITS.—Section 404(s) is 33 USC 1344. amended— (1) by striking out paragraph (4); ^ (2) by redesignating paragraph (5) as paragraph (4); and (3) in paragraph (4), as so redesignated— ^ (A) by striking out "$10,000 per day of such violation" and inserting in lieu thereof "$25,000 per day for each violation"; ',,, .if (B) by adding at the end thereof the following: "In deter- Courts, U.S. mining the amount of a civil penalty the court shall con-
101 STAT. 46 PUBLIC LAW 100-4—FEB. 4, 1987 . < ' <c sider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply :-' - ;'^:., with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require.". SEC. 314. ADMINISTRATIVE PENALTIES. ^^ 33 use 1319. (a) GENERAL RULE.—Section 309 is amended by adding at the end thereof the following: "(g) ADMINISTRATIVE PENALTIES.— "(1) VIOLATIONS.—Whenever on the basis of any information • '• ^'' available— "(A) the Administrator finds that any person has violated 33 use 1311, section 301, 302, 306, 307, 308, 318, or 405 of this Act, or has 1318* 1328 1345 violated any permit condition or limitation implementing any of such sections in a permit issued under section 402 of 33 use 1342. this Act by the Administrator or by a State, or in a permit 33 use 1344. issued under section 404 by a State, or "(B) the Secretary of the Army (hereinafter in this subsection referred to as the 'Secretary') finds that any person has violated any permit condition or limitation in a permit issued under section 404 of this Act by the Secretary, the Administrator or Secretary, as the case may be, may, after consultation with the State in which the violation occurs, assess a class I civil penalty or a class II civil penalty under this ,^, ^ subsection. ..,. "(2) C L A S S E S OF PENALTIES.— fr ' ' .. "(A) CLASS I.—The amount of a class I civil penalty under •'"''' paragraph (1) may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $25,000. Before issuing an order assessing a civil penalty under this subparagraph, the Administrator or the Secretary, as the /; j ,aj '} case may be, shall give to the person to be assessed such penalty written notice of the Administrator's or Secretary's proposal to issue such order and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed order. Such hearing shall not be subject to section 554 or 556 of title 5, United States Code, but shall provide a reasonable opportunity to be heard and to present evidence. ^ "(B) CLASS II.—The amount of a class II civil penalty under paragraph (1) may not exceed $10,000 per day for each day during which the violation continues; except that j^fU : ; ; ; *i the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil pen- alties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. The Administrator and the ''^^ • Secretary may issue rules for discovery procedures for hear- """ ' ings under this subparagraph. «
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 47 "(3) DETERMINING AMOUNT.—In determining the amount of any penalty assessed under this subsection, the Administrator or the Secretary, as the case may be, shall take into account the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, eco- nomic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to si- multaneous violations of more than one pollutant parameter shall be treated as a single violation. "(4) RIGHTS OF INTERESTED PERSONS.— "(A) PUBLIC NOTICE.—Before issuing an order assessing a civil penalty under this subsection the Administrator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order. "(B) PRESENTATION OF EVIDENCE.—Any person who com- ments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection and of the order assessing such penalty. In any hearing held under this subsection, such person shall have a reasonable opportunity to be heard and to present evidence. "(C) RIGHTS OF INTERESTED PERSONS TO A HEARING.—If no hearing is held under paragraph (2) before issuance of an order assessing a penalty under this subsection, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall imme- diately set aside such order and provide a hearing in accord- ance with paragraph (2)(A) in the case of a class I civil penalty and paragraph (2)(B) in the case of a class II civil penalty. If the Administrator or Secretary denies a hearing Federal under this subparagraph, the Administrator or Secretary Register, shall provide to the petitioner, and publish in the Federal publication. Register, notice of and the reasons for such denial. "(5) FINALITY OF ORDER.—An order issued under this subsec- tion shall become final 30 days after its issuance unless a petition for judicial review is filed under paragraph (8) or a hearing is requested under paragraph (4)(C). If such a hearing is denied, such order shall become final 30 days after such denial. "(6) EFFECT OF ORDER.— "(A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS.— Action taken by the Administrator or the Secretary, as the case may be, under this subsection shall not affect or limit the Administrator's or Secretary's authority to enforce any provision of this Act; except that any violation— "(i) with respect to which the Administrator or the Secretary has commenced and is diligently prosecuting an action under this subsection,
101 STAT. 48 PUBLIC LAW 100-4—FEB. 4, 1987 State and local tjiiic a i: J "(ii) with respect to which a State has commenced governments. and is diligently prosecuting an action under a State law comparable to this subsection, or "(iii) for which the Administrator, the Secretary, or the State has issued a final order not subject to further judicial review and the violator has paid a penalty assessed under this subsection, or such comparable State law, as the case may be, shall not be the subject of a civil penalty action under ^y subsection (d) of this section or section 311(b) or section 505 33 u s e 1321, of this Act. 1365. "(B) APPLICABILITY OF LIMITATION WITH RESPECT TO CITI- ZEN SUITS.—The limitations contained in subparagraph (A) on civil penalty actions under section 505 of this Act shall not apply with respect to any violation for which— "(i) a civil action under section 505(a)(1) of this Act has been filed prior to commencement of an action under this subsection, or " "(ii) notice of an alleged violation of section 505(a)(1) of this Act has been given in accordance with section 505(b)(1)(A) prior to commencement of an action under this subsection and an action under section 505(aXl) with respect to such alleged violation is filed before the mi ' 120th day after the date on which such notice is given. "(7) EFFECT OF ACTION ON COMPLIANCE.—No action by the Administrator or the Secretary under this subsection shall affect any person's obligation to comply with any section of this Act or with the terms and conditions of any permit issued 33 u s e 1342, pursuant to section 402 or 404 of this Act. 1344. "(8) JUDICIAL REVIEW.—Any person against whom a civil pen- alty is assessed under this subsection or who commented on the proposed assessment of such penalty in accordance with para- graph (4) may obtain review of such assessment— "(A) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Colum- bia or in the district in which the violation is alleged to have occurred, or "(B) in the case of assessment of a class II civil penalty, in United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business, by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or the Secretary, as the case may be, Records. and the Attorney General. The Administrator or the Secretary shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrator's or Secretary's assess- ment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion. "(9) COLLECTION.—If any person fails to pay an assessment of a civil penalty—
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 49 "(A) after the order making the assessment has become final, or *•' "(B) after a court in an action brought under paragraph (8) has entered a final judgment in favor of the Adminis- trator or the Secretary, as the case may be, the Administrator or the Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevail- ing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be sub- ject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs ; for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpayment penalties which are unpaid as of the beginning of such quarter. "(10) SUBPOENAS.—The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this subsection. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and served upon any person, ' the district court of the United States for any district in which , such person is found, resides, or transacts business, upon ap- plication by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person f to appear and give testimony before the administrative law judge or to appear and produce documents before the adminis- trative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. I.' "(11) PROTECTION OF EXISTING PROCEDURES.—Nothing in this ;;., r ,,, subsection shall change the procedures existing on the day before the date of the enactment of the Water Quality Act of f 1987 under other subsections of this section for issuance and enforcement of orders by the Administrator.". (b) REPORTS ON ENFORCEMENT MECHANISMS.—The Secretary of the 33 USC 1375 Army and the Administrator shall each prepare and submit a report note. to the Congress, not later than December 1, 1988, which shall examine and analyze various enforcement mechanisms for use by the Secretary or Administrator, as the case may be, including an administrative civil penalty mechanism. Each of such reports shall also include an examination, prepared in consultation with the Comptroller General, of the efficacy of the Secretary's or the Administrator's existing enforcement authorities and shall include recommendations for improvements in their operation. (c) CONFORMING AMENDMENT.—Section 505(a) is amended by 33 USC 1365. inserting "and section 309(g)(6)" after "Except as provided in subsec- 33 USC 1319. tion (b) of this section". SEC. 315. CLEAN LAKES. (a) ESTABLISHMENT AND SCOPE OF PROGRAM.—Section 314(a) is 33 USC 1324. amended to read as follows:
101 STAT. 50 PUBLIC LAW 100-4—FEB. 4, 1987 "(a) ESTABLISHMENT AND SCOPE OF PROGRAM.— "(1) STATE PROGRAM REQUIREMENTS.—Each State on a biennial basis shall prepare and submit to the Administrator for his approval— "(A) an identification and classification according to eutrophic condition of all publicly owned lakes in such State; "(B) a description of procedures, processes, and methods (including land use requirements), to control sources of pollution of such lakes; "(C) a description of methods and procedures, in conjunc- tion with appropriate Federal agencies, to restore the qual- ity of such lakes; "(D) methods and procedures to mitigate the harmful effects of high acidity, including innovative methods of neutralizing and restoring buffering capacity of lakes and methods of removing from lakes toxic metals and other toxic substances mobilized by high acidity; Y "(E) a list and description of those publicly owned lakes in such State for which uses are known to be impaired, includ- ,,,, ing those lakes which are known not to meet applicable water quality standards or which require implementation of control programs to maintain compliance with applicable standards and those lakes in which water quality has de- teriorated as a result of high acidity that may reasonably be due to acid deposition; and "(F) an assessment of the status and trends of water quality in lakes in such State, including but not limited to, the nature and extent of pollution loading from point and nonpoint sources and the extent to which the use of lakes is impaired as a result of such pollution, particularly with respect to toxic pollution. "(2) SUBMISSION AS PART OF 305(b)(1) REPORT.—The informa- tion required under paragraph (1) shall be included in the 33 use 1315. report required under section 305(b)(1) of this Act, beginning with the report required under such section by April 1, 1988. "(3) REPORT OF ADMINISTRATOR.—Not later than 180 days after ^ *' receipt from the States of the biennial information required under paragraph (1), the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of water quality in lakes in the United States, including the effectiveness of the methods and procedures described in paragraph (1)(D). State and local "(4) ELIGIBILITY REQUIREMENT.—Beginning after April 1, 1988, governments. a State must have submitted the information required under Grants. paragraph (1) in order to receive grant assistance under this section.", 33 use 1324. (b) DEMONSTRATION PROGRAM.—Section 314 is amended by adding at the end thereof the following new subsections: "(d) DEMONSTRATION PROGRAM.— "(1) GENERAL REQUIREMENTS.—The Administrator is au- thorized and directed to establish and conduct at locations throughout the Nation a lake water quality demonstration program. The program shall, at a minimum—
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 51 "(A) develop cost effective technologies for the control of pollutants to preserve or enhance lake water quality while optimizing multiple lakes uses; "(B) control nonpoint sources of pollution which are contributing to the degradation of water quality in lakes; "(C) evaluate the feasibility of implementing regional consolidated pollution control strategies; "(D) demonstrate environmentally preferred techniques for the removal and disposal of contaminated lake sediments; "(E) develop improved methods for the removal of silt, stumps, aquatic growth, and other obstructions which impair the quality of lakes; "(F) construct and evaluate silt traps and other devices or equipment to prevent or abate the deposit of sediment in lakes; and "(G) demonstrate the costs and benefits of utilizing dredged material from lakes in the reclamation of despoiled land. "(2) GEOGRAPHICAL REQUIREMENTS.—Demonstration projects authorized by this subsection shall be undertaken to reflect a variety of geographical and environmental conditions. As a Texas. priority, the Administrator shall undertake demonstration Arkansas. projects at Lake Houston, Texas; Beaver Lake, Arkanseis; New Jersey. Greenwood Lake and Belcher Creek, New Jersey; Deal Lake, Rhode Island. Vermont. New Jersey; Alcyon Lake, New Jersey; Gorton's Pond, Rhode Minnesota. Island; Lake Washington, Rhode Island; Lake Bomoseen, Ver- mont; Sauk Lake, Minnesota; and Lake Worth, Texas. "(3) REPORTS.—The Administrator shall report annually to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate on work undertaken pursuant to this subsection. Upon completion of the program authorized by this subsection, the Administrator shall submit to such committees a final report on the results of such program, along with recommendations for further measures to improve the water quality of the Nation's lakes. "(4) AUTHORIZATION OF APPROPRIATIONS.— "(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection not to exceed $40,000,000 for fiscal years beginning after September 30, 1986, to remain available until expended. "(B) SPECIAL AUTHORIZATIONS.— "(i) AMOUNT.—There is authorized to be appropriated to carry out subsection (b) with respect to subsection (a)(lXD) not to exceed $15,000,000 for fiscal years begin- ning after September 30, 1986, to remain available until expended. "(ii) DISTRIBUTION OF FUNDS.—The Administrator State and local shall provide for an equitable distribution of sums governments. appropriated pursuant to this subparagraph among States carrying out approved methods and procedures. Such distribution shall be based on the relative needs of each such State for the mitigation of the harmful effects on lakes and other surface waters of high acidity that may reasonably be due to acid deposition or acid mine drainage.
101 STAT. 52 PUBLIC LAW 100-4—FEB. 4, 1987 State and local to ioijijo? • -* "(iii) GRANTS AS ADDITIONAL ASSISTANCE.—The governments. '"i'dw cJ amount of any grant to a State under this subpara- graph shall be in addition to, and not in lieu of, any other Federal financial assistance.". 33 u s e 1314. (c) LAKE RESTORATION GUIDANCE MANUAL.—Section 304(j) is amended to read as follows: State and local "(j) LAKE RESTORATION GUIDANCE MANUAL.—The Administrator governments. shall, within 1 year after the date of the enactment of the Water Quality Act of 1987 and biennially thereafter, publish and dissemi- nate a lake restoration guidance manual describing methods, proce- dures, and processes to guide State and local efforts to improve, restore, and enhance water quality in the Nation's publicly owned lakes.". 33 u s e 1324. (d) CONFORMING AMENDMENTS.—Section 314 is further amended— (1) in subsection (b) by striking out "this section" the first place it appears and inserting in lieu thereof "subsection (a) of this section"; (2) in subsection (c)(1) by striking out "this section" the first place it appears and inserting in lieu thereof "subsection (b) of this section" and by striking out "this section" the second place it appears and inserting in lieu thereof "subsection (a) of this section"; and (3) in subsection (c)(2) by striking out "this section" the first place it appears and inserting in lieu thereof "subsection (b) of this section" and by striking out "this section" the second place it appears and inserting in lieu thereof "subsection (a) of this section". SEC. 316. MANAGEMENT OF NONPOINT SOURCES OF POLLUTION. (a) IN GENERAL.—Title III is amended by adding at the end the following new section: 33 u s e 1329. "SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS. ' "(a) STATE ASSESSMENT REPORTS.— "(1) CONTENTS.—The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which— "(A) identifies those navigable waters within the State which, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this Act; "(B) identifies those categories and subcategories of nonpoint sources or, where appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under subpara- graph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and ; (.-,70 •i..:'<j'3 -^f>t requirements; "(C) describes the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control each cat- egory and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent m,. practicable, the level of pollution resulting from such cat- egory, subcategory, or source; and
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 53 "(D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navigable waters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i). "(2) INFORMATION USED IN PREPARATION.—In developing the report required by this section, the State (A) may rely upon information developed pursuant to sections 208, 303(e), 304(f), 305(b), and 314, and other information as appropriate, and (B) 33 USC 1288, may utilize appropriate elements of the waste treatment 1^13,1314,1315, management plans developed pursuant to sections 208(b) and 1324. 303, to the extent such elements are consistent with and fulfill the requirements of this section. , ;.\, '(b) STATE MANAGEMENT PROGRAMS.— "(1) IN GENERAL.—The Governor of each State, for that State or in combination with adjacent States, shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval a management program which such State proposes to implement in the first four fiscal years begin- ning after the date of submission of such management program for controlling pollution added from nonpoint sources to the navigable waters within the State and improving the quality of such waters. "(2) SPECIFIC CONTENTS.—Each management program pro- posed for implementation under this subsection shall include each of the following: "(A) An identification of the best management practices and measures which will be undertaken to reduce pollutant loadings resulting from each category, subcategory, or particular nonpoint source designated under paragraph (1)(B), taking into account the impact of the practice on i ' ground water quality. "(B) An identification of programs (including, as appro- priate, nonregulatory or regulatory programs for enforce- ment, technical assistance, financial assistance, education, training, technology transfer, and demonstration projects) to achieve implementation of the best management prac- tices by the categories, subcategories, and particular ,«:,: ' «f5 nonpoint sources designated under subparagraph (A). "(C) A schedule containing annual milestones for (i) utili- > zation of the program implementation methods identified in subparagraph (B), and (ii) implementation of the best OA management practices identified in subparagraph (A) by the categories, subcategories, or particular nonpoint sources designated under paragraph (IXB). Such schedule shall pro- vide for utilization of the best management practices at the "^ earliest practicable date. "(D) A certification of the attorney general of the State or States (or the chief attorney of any State water pollution control agency which has independent legal counsel) that the laws of the State or States, as the case may be, provide adequate authority to implement such management pro- gram or, if there is not such adequate authority, a list of such additional authorities as will be necessary to implement such management program. A schedule and
101 STAT. 54 PUBLIC LAW 100-4—FEB. 4, 1987 ,f, commitment by the State or States to seek such additional authorities as expeditiously as practicable. "(E) Sources of Federal and other assistance and funding (other than assistance provided under subsections (h) and J, (i)) which will be available in each of such fiscal years for supporting implementation of such practices and measures and the purposes for which such assistance will be used in each of such fiscal years. "(F) An identification of Federal financial assistance pro- grams and Federal development projects for which the State will review individual assistance applications or development projects for their effect on water quality pursuant to the procedures set forth in Executive Order 3 CFR, 1982 12372 as in effect on September 17, 1983, to determine Ck)mp., p. 197. whether such assistance applications or development _ projects would be consistent with the program prepared :' ' under this subsection; for the purposes of this subpara- graph, identification shall not be limited to the assistance programs or development projects subject to Executive Order 12372 but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the State's nonpoint source pollution management program. * "(3) UTILIZATION OF LOCAL AND PRIVATE EXPERTS.—In develop- ing and implementing a management program under this subsection, a State shall, to the maximum extent practicable, involve local public and private agencies and organizations which have expertise in control of nonpoint sources of pollution. "(4) DEVELOPMENT ON WATERSHED BASIS.—A State shall, to the maximum extent practicable, develop and implement a manage- ment program under this subsection on a watershed-by-water- shed basis within such State. "(c) ADMINISTRATIVE PROVISIONS.— Reports. "(1) COOPERATION REQUIREMENT.—Any report required by State and local subsection (a) and any management program and report re- governments. quired by subsection (b) shall be developed in cooperation with local, substate regional, and interstate entities which are ac- tively planning for the implementation of nonpoint source pollution controls and have either been certified by the 33 u s e 1288. Administrator in accordance with section 208, have worked jointly with the State on water quality management planning 33 u s e 1285. under section 205(j), or have been designated by the State legislative body or Governor as water quality management planning agencies for their geographic areas. "(2) TIME PERIOD FOR SUBMISSION OF REPORTS AND MANAGE- MENT PROGRAMS.—Each report and management program shall bie submitted to the Administrator during the 18-month period beginning on the date of the enactment of this section. "(d) APPROVAL OR DISAPPROVAL OF REPORTS AND MANAGEMENT PROGRAMS.— "(1) DEADLINE.—Subject to paragraph (2), not later than 180 days after the date of submission to the Administrator of any report or management program under this section (other than subsections (h), (i), and (k)), the Administrator shall either approve or disapprove such report or management program, as the case may be. The Administrator may approve a portion of a ^ management program under this subsection. If the Adminis-
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 55 trator does not disapprove a report, management program, or portion of a management program in such 180-day period, such report, management program, or portion shall be deemed ap- proved for purposes of this section. "(2) PROCEDURE FOR DISAPPROVAL.—If, after notice and oppor- tunity for public comment and consultation with appropriate Federal and State agencies and other interested persons, the Administrator determines that— "(A) the proposed management program or any portion •-. ;' thereof does not meet the requirements of subsection (b)(2) ^••'' ' of this section or is not likely to satisfy, in whole or in part, the goals and requirements of this Act; "(B) adequate authority does not exist, or adequate re- sources are not available, to implement such program or portion; "(C) the schedule for implementing such program or portion is not sufficiently expeditious; or "(D) the practices and measures proposed in such pro- gram or portion are not adequate to reduce the level of pollution in navigable waters in the State resulting from nonpoint sources and to improve the quality of navigable waters in the State; the Administrator shall within 6 months of the receipt of the proposed program notify the State of any revisions or modifica- tions necessary to obtain approval. The State shall thereupon state and local have an additional 3 months to submit its revised management governments, program and the Administrator shall approve or disapprove such revised program within three months of receipt. "(3) FAILURE OF STATE TO SUBMIT REPORT.—If a Governor of a State does not submit the report required by subsection (a) within the period specified by subsection (c)(2), the Adminis- trator shall, within 30 months after the date of the enactment of this section, prepare a report for such State which makes the identifications required by paragraphs (1)(A) and (1)(B) of subsection (a). Upon completion of the requirement of the preceding sentence and after notice and opportunity for com- ment, the Administrator shall report to Congress on his actions pursuant to this section. "(e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL ASSISTANCE.—If a State fails to submit a management program under subsection (b) or the Administrator does not approve such a management program, a local public agency or organization which has expertise in, and authority to, control water pollution resulting from nonpoint sources in any area of such State which the Administrator deter- mines is of sufficient geographic size may, with approval of such State, request the Administrator to provide, and the Administrator shall provide, technical assistance to such agency or organization in developing for such area a management program which is described in subsection (b) and can be approved pursuant to subsection (d). After development of such management program, such agency or organization shall submit such management program to the Administrator for approval. If the Administrator approves such management program, such agency or organization shall be eligible to receive financial assistance under subsection (h) for implementa- tion of such management program as if such agency or organization were a State for which a report submitted under subsection (a) and a i i management program submitted under subsection (b) were approved
101 S T A T . 56 P U B L I C L A W 1 0 0 - 4 — F E B . 4, 1987 u n d e r this section. Such financial assistance shall be subject to t h e s a m e t e r m s a n d conditions as assistance provided to a S t a t e u n d e r subsection (h). "(f) T E C H N I C A L ASSISTANCE FOR STATES.—Upon r e q u e s t of a S t a t e , t h e Administrator m a y provide technical assistance to such State in developing a m a n a g e m e n t program approved u n d e r subsection (b) for those portions of t h e navigable w a t e r s requested by such State. "(g) INTERSTATE M A N A G E M E N T C O N F E R E N C E . — State and local "(1) CONVENING OF CONFERENCE; NOTIFICATION; PURPOSE.—If governments. a n y portion of t h e navigable w a t e r s in a n y S t a t e which is , ^ •: implementing a m a n a g e m e n t p r o g r a m approved u n d e r this section is n o t meeting applicable w a t e r quality s t a n d a r d s or t h e ; j goals a n d r e q u i r e m e n t s of this Act a s a result, in whole or in tn part, of pollution from nonpoint sources in a n o t h e r State, such S t a t e m a y petition t h e A d m i n i s t r a t o r to convene, a n d t h e rr Administrator shall convene, a m a n a g e m e n t conference of all States which contribute significant pollution resulting from nonpoint sources to such portion. If, on t h e basis of information available, t h e A d m i n i s t r a t o r d e t e r m i n e s t h a t a S t a t e is not meeting applicable w a t e r quality s t a n d a r d s or t h e goals a n d r e q u i r e m e n t s of this Act a s a result, in whole or in part, of significant pollution from nonpoint sources in a n o t h e r State, :'K * t h e A d m i n i s t r a t o r shall notify such States. T h e A d m i n i s t r a t o r m a y convene a m a n a g e m e n t conference u n d e r this p a r a g r a p h ,,. • n o t later t h a n 180 days after giving such notification, w h e t h e r .- •^- >•_ or not t h e S t a t e which is n o t meeting such s t a n d a r d s requests such conference. T h e purpose of such conference shall be to develop a n a g r e e m e n t a m o n g such States to reduce t h e level of & ')•• pollution in such portion resulting from nonpoint sources a n d to improve t h e w a t e r quality of such portion. N o t h i n g in such a g r e e m e n t shall supersede or abrogate rights t o quantities of w a t e r which have been established by i n t e r s t a t e w a t e r com- pacts, S u p r e m e Court decrees, or S t a t e w a t e r laws. This subsec- tion shall not apply to a n y pollution which is subject to t h e 43 u s e 1571 Colorado River Basin Salinity Control Act. T h e r e q u i r e m e n t note. t h a t t h e A d m i n i s t r a t o r convene a m a n a g e m e n t conference shall 38 u s e 1365. not be subject to t h e provisions of section 505 of this Act. "(2) STATE M A N A G E M E N T PROGRAM R E Q U I R E M E N T . — T o the '" extent t h a t t h e States reach a g r e e m e n t t h r o u g h such con- ference, t h e m a n a g e m e n t p r o g r a m s of t h e States which a r e parties to such a g r e e m e n t s a n d which contribute significant pollution to t h e navigable w a t e r s or portions thereof not meet- ing applicable w a t e r quality s t a n d a r d s or goals a n d require- m e n t s of this Act will be revised to reflect such agreement. Such m a n a g e m e n t programs shall be consistent with Federal a n d State law. State and local "(h) G R A N T PROGRAM.— governments. "(1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT PRO- GRAMS.—Upon application of a S t a t e for which a report submit- , ted u n d e r subsection (a) a n d a m a n a g e m e n t program submitted u n d e r subsection (b) is approved u n d e r this section, t h e A d m i n i s t r a t o r shall m a k e g r a n t s , subject to such t e r m s a n d conditions a s t h e A d m i n i s t r a t o r considers appropriate, u n d e r this subsection to such S t a t e for t h e purpose of assisting t h e S t a t e in implementing such m a n a g e m e n t program. F u n d s re- 33 u s e 1285. served p u r s u a n t to section 205(j)(5) of this Act m a y be used to j.t¥t develop a n d implement such m a n a g e m e n t program. |«, E,. ^
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 57 "(2) APPLICATIONS.—An application for a grant under this subsection in any fiscal year shall be in such form and shall contain such other information as the Administrator may re- quire, including an identification and description of the best management practices and measures which the State proposes to assist, encourage, or require in such year with the Federal assistance to be provided under the grant. "(3) FEDERAL SHARE.—The Federal share of the cost of each management program implemented with Federal assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost incurred by the State in implementing such management program and shall be made on condition that the non-Federal share is provided from non-Federal sources. /clafl "(4) LIMITATION ON GRANT AMOUNTS.—Notwithstanding any other provision of this subsection, not more than 15 percent of the amount appropriated to carry out this subsection may be used to make grants to any one State, including any grants to any local public agency or organization with authority to con- trol pollution from nonpoint sources in any area of such State. "(5) PRIORITY FOR EFFECTIVE MECHANISMS.—For each fiscal year beginning after September 30, 1987, the Administrator may give priority in making grants under this subsection, and shall give consideration in determining the Federal share of any such grant, to States which have implemented or are proposing to implement management programs which will— "(A) control particularly difficult or serious nonpoint Minerals and source pollution problems, including, but not limited to, mining. problems resulting from mining activities; "(B) implement innovative methods or practices for controlling nonpoint sources of pollution, including regulatory programs where the Administrator deems appropriate; "(C) control interstate nonpoint source pollution prob- lems; or "(D) carry out ground water quality protection activities Research and which the Administrator determines are part of a com- development. Education. prehensive nonpoint source pollution control program, including research, planning, ground water assessments, demonstration programs, enforcement, technical assistance, education, and training to protect ground water quality from nonpoint sources of pollution. "(6) AVAILABILITY FOR OBLIGATION.—The funds granted to each State pursuant to this subsection in a fiscal year shall remain available for obligation by such State for the fiscal year for which appropriated. The amount of any such funds not obligated by the end of such fiscal year shall be available to the Administrator for granting to other States under this subsection in the next fiscal year. "(7) LIMITATION ON USE OF FUNDS.—States may use funds from grants made pursuant to this section for financial assistance to persons only to the extent that such assistance is related to the costs of demonstration projects. "(8) SATISFACTORY PROGRESS.—No grant may be made under this subsection in any fiscal year to a State which in the preceding fiscal year received a grant under this subsection unless the Administrator determines that such State made
101 STAT. 58 PUBLIC LAW 100-4—FEB. 4, 1987 satisfactory progress in such preceding fiscal year in meeting the schedule specified by such State under subsection (b)(2). "(9) MAINTENANCE OF EFFORT.—No grant may be made to a State under this subsection in any fiscal year unless such State enters into such agreements with the Administrator as the Administrator may require to ensure that such State will main- tain its aggregate expenditures from all other sources for pro- grams for controlling pollution added to the navigable waters in such State from nonpoint sources and improving the quality of such waters at or above the average level of such expenditures in its two fiscal years preceding the date of enactment of this subsection Reports. "(10) REQUEST FOR INFORMATION.—The Administrator may request such information, data, and reports as he considers necessary to make the determination of continuing eligibility for grants under this section. "(11) REPORTING AND OTHER REQUIREMENTS.—Each State shall report to the Administrator on an annual basis concerning (A) its progress in meeting the schedule of milestones submitted pursuant to subsection (b)(2)(C) of this section, and (B) to the extent that appropriate information is available, reductions in nonpoint source pollutant loading and improvements in water quality for those navigable waters or watersheds within the State which were identified pursuant to subsection (aXl)(A) of this section resulting from implementation of the management program. Education. "(12) LIMITATION ON ADMINISTRATIVE COSTS.—For purposes of Science and this subsection, administrative costs in the form of salaries, technology. overhead, or indirect costs for services provided and charged against activities and programs carried out with a grant under this subsection shall not exceed in any fiscal year 10 percent of the amount of the grant in such year, except that costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and tech- nology transfer programs shall not be subject to this limitation. State and local '(i) GRANTS FOR PROTECTING GROUNDWATER QUALITY.— governments. "(1) ELIGIBLE APPLICANTS AND ACTIVITIES.—Upon application Research and of a State for which a report submitted under subsection (a) and development. Education. a plan submitted under subsection (b) is approved under this section, the Administrator shall make grants under this subsec- tion to such State for the purpose of assisting such State in carrying out groundwater quality protection activities which the Administrator determines will advance the State toward implementation of a comprehensive nonpoint source pollution control program. Such activities shall include, but not be limited to, research, planning, groundwater assessments, dem- onstration programs, enforcement, technical assistance, education and training to protect the quality of groundwater and to prevent contamination of groundwater from nonpoint sources of pollution. "(2) APPLICATIONS.—An application for a grant under this subsection shall be in such form and shall contain such informa- tion as the Administrator may require. "(3) FEDERAL SHARE; MAXIMUM AMOUNT.—The Federal share of the cost of assisting a State in carrying out groundwater protection activities in any fiscal year under this subsection shall be 50 percent of the costs incurred by the State in carrying
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 59 out such activities, except that the maximum amount of Federal assistance which any State may receive under this subsection in any fiscal year shall not exceed $150,000. "(4) REPORT.—The Administrator shall include in each report transmitted under subsection (m) a report on the activities and programs implemented under this subsection during the preced- ing fiscal year, "(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out subsections (h) and (i) not to exceed $70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year 1991; except that for each of such fiscal years not to exceed $7,500,000 may be made available to carry out subsection (i). Sums appropriated pursuant to this subsection shall remain available until expended. "(k) CONSISTENCY OF OTHER PROGRAMS AND PROJECTS WITH State and local MANAGEMENT PROGRAMS.—The Administrator shall transmit to the governments. Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by each State under subsection (b)(2)(F) for which individual assistance applications and projects will be reviewed pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983. Beginning not later 3 CFR, 1983 than sixty days after receiving notification by the Administrator, Comp., p. 186. each Federal department and agency shall modify existing regula- Regulations. tions to allow States to review individual development projects and assistance applications under the identified Federal assistance pro- grams and shall accommodate, according to the requirements and definitions of Executive Order 12372, as in effect on September 17, 1983, the concerns of the State regarding the consistency of such applications or projects with the State nonpoint source pollution management program. "(1) COLLECTION OF INFORMATION.—The Administrator shall collect and make available, through publications and other appropriate means, information pertaining to management practices and im- plementation methods, including, but not limited to, (1) information concerning the costs and relative efficiencies of best management practices for reducing nonpoint source pollution; and (2) available data concerning the relationship between water quality and im- plementation of various management practices to control nonpoint sources of pollution, "(m) REPORTS OF ADMINISTRATOR.— "(1) ANNUAL REPORTS.—Not later than January 1, 1988, and each January 1 thereafter, the Administrator shall transmit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate, a report for the preceding fiscal year on the activities and programs implemented under this >. section and the progress made in reducing pollution in the navigable waters resulting from nonpoint sources and improv- ing the quality of such waters. "(2) FINAL REPORT.—Not later than January 1, 1990, the Administrator shall transmit to Congress a final report on the activities carried out under this section. Such report, at a minimum, shall— "(A) describe the management programs being imple- mented by the States by types and amount of affected navigable waters, categories and subcategories of nonpoint
101 STAT. 60 PUBLIC LAW 100-4—FEB. 4, 1987 fvt sources, and types of best management practices being fif ' implemented; "(B) describe the experiences of the States in adhering to schedules and implementing best management practices; "(C) describe the amount and purpose of grants awarded .' - , pursuant to subsections (h) and (i) of this section; "(D) identify, to the extent that information is available, the progress made in reducing pollutant loads and improv- ing water quality in the navigable waters; "(E) indicate what further actions need to be taken to attain and maintain in those navigable waters (i) applicable water quality standards, and (ii) the goals and requirements of this Act; "(F) include recommendations of the Administrator concerning future programs (including enforcement pro- grams) for controlling pollution from nonpoint sources; and "(G) identify the activities and programs of departments, agencies, and instrumentalities of the United States which are inconsistent with the management programs submitted by the States and recommend modifications so that such activities and programs are consistent with and assist the States in implementation of such management programs. "(n) SET ASIDE FOR ADMINISTRATIVE PERSONNEL.—Not less than 5 percent of the funds appropriated pursuant to subsection (j) for any fiscal year shall be available to the Administrator to maintain personnel levels at the Environmental Protection Agency at levels which are adequate to carry out this section in such year.". (b) PoucY FOR CONTROL OF NONPOINT SOURCES OF POLLUTION.— 33 u s e 1251. Section 101(a) is amended by striking out "and" at the end of paragraph (5), by striking out the period at the end of paragraph (6) and inserting in lieu thereof "; and", and by adding at the end thereof the following: "(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this Act to be met through the control of both point and nonpoint sources of pollution.". (c) EUGIBIUTY OF NONPOINT SOURCES.—The last sentence of sec- 33 u s e 1281. tion 201(gXl) is amended by— (1) striking out "sentence," the first place it appears and inserting in lieu thereof "sentences,"; (2) inserting "(A)" after "October 1,1984, for"; and Grants. (3) inserting before "except that" the following: "and (B) any purpose for which a grant may be made under sections 319 (h) Ante, p. 52. and (i) of this Act (including any innovative and alternative approaches for the control of nonpoint sources of pollution),". 33 u s e 1285. (d) RESERVATION OP FUNDS.—Section 205(j) is amended by adding at the end the following new pargigraph: State and local "(5) NONPOINT SOURCE RESERVATION.—In addition to the sums governments. reserved under pareigraph (1), the Administrator shall reserve each fiscal year for each State 1 percent of the sums allotted B and available for obligation to such State under this section for each fiscal year beginning on or after October 1, 1986, or $100,000, whichever is greater, for the purpose of carrying out Ante, p. 52. section 319 of this Act. Sums so reserved in a State in any fiscal year for which such State does not request the use of such sums,
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 61 to the extent such sums exceed $100,000, may be used by such State for other purposes under this title.". (e) CONFORMING AMENDMENT.—Section 304(k)(l) is amended by 33 u s e 1314 inserting "and nonpoint source pollution management programs approved under section 319 of this Act" after "208 of this Act". Ante, p. 52; 33 u s e 1288. SEC. 317. NATIONAL ESTUARY PROGRAM. 33 u s e 1330 note. (a) PURPOSES AND POLICIES.— (1) FINDINGS.—Congress finds and declares that— * • (A) the Nation's estuaries are of great importance for fish and wildlife resources and recreation and economic opportunity; (B) maintaining the health and ecological integrity of these estuaries is in the national interest; (C) increasing coastal population, development, and other ,, ;., direct and indirect uses of these estuaries threaten their •itjK( health and ecological integrity; (D) long-term planning and management will contribute hi.,.: to the continued productivity of these areas, and will maxi- mize their utility to the Nation; and (E) better coordination among Federal and State pro- grams affecting estuaries will increase the effectiveness and efficiency of the national effort to protect, preserve, and restore these areas. (2) PURPOSES.—The purposes of this section are to— . (A) identify nationally significant estuaries that are threatened by pollution, development, or overuse; (B) promote comprehensive planning for, and conserva- tion and management of, nationally significant estuaries; (C) encourage the preparation of management plans for estuaries of national significance; and (D) enhance the coordination of estuarine research. (b) MANAGEMENT PROGRAM.—Title III is amended by adding at the end thereof the following new section: "SEC. 320. NATIONAL ESTUARY PROGRAM. 33 u s e 1330. "(a) MANAGEMENT CONFERENCE.— State and local "(1) NOMINATION OF ESTUARIES.—The Governor of any State governments. may nominate to the Administrator an estuary lying in whole or in part within the State as an estuary of national significance and request a management conference to develop a comprehen- sive management plan for the estuary. The nomination shall document the need for the conference, the likelihood of success, and information relating to the factors in paragraph (2). "(2) CONVENING OF CONFERENCE.— "(A) IN GENERAL.—In any case where the Administrator Fish and fishing. determines, on his own initiative or upon nomination of a Wildlife. State under paragraph (1), that the attainment or mainte- nance of that water quality in an estuary which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shell- fish, fish, and wildlife, and allows recreational activities, in and on the water, requires the control of point and nonpoint sources of pollution to supplement existing con- !.>rr trols of pollution in more than one State, the Administrator shall select such estuary and convene a management conference.
101 STAT. 62 PUBLIC LAW 100-4—FEB. 4, 1987 New York. 4,js "(B) PRIORITY CONSIDERATION.—The Administrator shall Connecticut. ' '"' give priority consideration under this section to Long Island Klchusetts Sound, New York and Connecticut; Narragansett Bay, Washington. Rhode Island; Buzzards Bay, Massachusetts; Puget Sound, New Jersey. Washington; New York-New Jersey Harbor, New York and Delaw^e. New Jersey; Delaware Bay, Delaware and New Jersey; Florida "^' Delaware Inland Bays, Delaware; Albemarle Sound, North California. Carolina; Sarasota Bay, Florida; San Francisco Bay, Califor- Texas. nia; and Galveston Bay, Texas. "(3) BOUNDARY DISPUTE EXCEPTION.—In any case in which a boundary between two States passes through an estuary and such boundary is disputed and is the subject of an action in any ''! court, the Administrator shall not convene a management con- ference with respect to such estuary before a final adjudication has been made of such dispute. "(b) PURPOSES OF CONFERENCE.—The purposes of any management conference convened with respect to an estuary under this subsec- tion shall be to— "(1) assess trends in water quality, natural resources, and uses of the estuary; "(2) collect, characterize, and assess data on toxics, nutrients, and natural resources within the estuarine zone to identify the causes of environmental problems; "(3) develop the relationship between the inplace loads and point and nonpoint loadings of pollutants to the estuarine zone and the potential uses of the zone, water quality, and natural resources; "(4) develop a comprehensive conservation and management plan that recommends priority corrective actions and compli- ance schedules addressing point and nonpoint sources of pollu- tion to restore and maintain the chemical, physical, and biological integrity of the estuary, including restoration and maintenance of water quality, a balanced indigenous population of shellfish, fish and wildlife, and recreational activities in the ,}-. ^ ., estuary, and assure that the designated uses of the estuary are protected; *' "(5) develop plans for the coordinated implementation of the plan by the States as well as Federal and local agencies partici- pating in the conference; "(6) monitor the effectiveness of actions taken pursuant to the plan; and "(7) review all Federal financial assistance programs and Federal development projects in accordance with the re- quirements of Executive Order 12372, as in effect on Septem- 3 CFR, 1982 ber 17, 1983, to determine whether such assistance program or Comp., p. 197. project would be consistent with and further the purposes and objectives of the plan prepared under this section. For purposes of paragraph (7), such programs and projects shall not be limited to the assistance programs and development projects subject to Executive Order 12372, but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the plan developed under this section. "(c) MEMBERS OF CONFERENCE.—The members of a management conference convened under this section shall include, at a minimum, the Administrator and representatives of^
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 63 "(1) each State and foreign nation located in whole or in part in the estuarine zone of the estuary for which the conference is convened; "(2) international, interstate, or regional agencies or entities having jurisdiction over all or a significant part of the estuary; "(3) each interested Federal agency, as determined appro- priate by the Administrator; "(4) local governments having jurisdiction over any land or water within the estuarine zone, as determined appropriate by the Administrator; and "(5) affected industries, public and private educational institu- tions, and the general public, as determined appropriate by the Administrator. "(d) UTILIZATION OF EXISTING DATA.—In developing a conservation Conservation. and management plan under this section, the management con- State and local ference shall survey and utilize existing reports, data, and studies governments. relating to the estuary that have been developed by or made avail- able to Federal, interstate. State, and local agencies. "(e) PERIOD OF CONFERENCE.—A management conference convened under this section shall be convened for a period not to exceed 5 years. Such conference may be extended by the Administrator, and if terminated after the initial period, may be reconvened by the Administrator at any time thereafter, as may be necessary to meet the requirements of this section. "(f) APPROVAL AND IMPLEMENTATION OF PLANS.— "(1) APPROVAL.—Not later than 120 days after the completion of a conservation and management plan and after providing for public review and comment, the Administrator shall approve such plan if the plan meets the requirements of this section and the affected Governor or Governors concur. "(2) IMPLEMENTATION.—Upon approval of a conservation and management plan under this section, such plan shall be imple- mented. Funds authorized to be appropriated under titles II and VI and section 319 of this Act may be used in accordance with 33 u s e 1281; the applicable requirements of this Act to assist States with the ante, p. 52. implementation of such plan. "(g) GRANTS.— State and local "(1) RECIPIENTS.—The Administrator is authorized to make governments. grants to State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals. "(2) PURPOSES.—Grants under this subsection shall be made to pay for assisting research, surveys, studies, and modeling and other technical work necessary for the development of a con- servation and management plan under this section. "(3) FEDERAL SHARE.—The amount of grants to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year shall not exceed 75 percent of the costs of such research, survey, studies, and work and shall be made on condition that the non-Federal share of such costs are provided from non-Federal sources. "(h) GRANT REPORTING.—Any person (including a State, inter- state, or regional agency or entity) that receives a grant under subsection (g) shall report to the Administrator not later than 18 months after receipt of such grant and biennially thereafter on the progress being made under this section.
101 STAT. 64 PUBLIC LAW 100-4—FEB. 4, 1987 "(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator not to exceed $12,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991 for— "(1) expenses related to the administration of management conferences under this section, not to exceed 10 percent of the amount appropriated under this subsection; "(2) making grants under subsection (g); and "(3) monitoring the implementation of a conservation and management plan by the management conference or by the Administrator, in any case in which the conference has been terminated. The Administrator shall provide up to $5,000,000 per fiscal year of the sums authorized to be appropriated under this subsection to the If A d m i n i s t r a t o r of t h e N a t i o n a l Oceanic a n d Atmospheric Adminis- t r a t i o n to carry out subsection (j). "(j) RESEARCH.— "(1) PROGRAMS.—In order to d e t e r m i n e t h e need to convene a m a n a g e m e n t conference u n d e r this section or a t t h e request of such a m a n a g e m e n t conference, t h e A d m i n i s t r a t o r shall coordi- nate and implement, through the National Marine Pollution Program Office and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration, as appropriate, for one or more estuarine zones— "(A) a long-term program of trend assessment monitoring 0/ « measuring variations in pollutant concentrations, marine ecology, and other physical or biological environmental parameters which may affect estuarine zones, to provide hiii, the Administrator the capacity to determine the potential and actual effects of alternative management strategies and measures; "(B) a program of ecosystem assessment assisting in the development of (i) baseline studies which determine the ,.^f »•'.^^•. state of estuarine zones and the effects of natural and *' •• -.^ anthropogenic changes, and (ii) predictive models capable of translating information on specific discharges or general ^ pollutant loadings within estuarine zones into a set of tt" • 'i -- probable effects on such zones; "(C) a comprehensive water quality sampling program for the continuous monitoring of nutrients, chlorine, acid precipitation dissolved oxygen, and potentially toxic pollut- ants (including organic chemicals and metals) in estuarine . ,i ':) zones, after consultation with interested State, local, inter- - state, or international agencies and review and analysis of all environmental sampling data presently collected from estuarine zones; and no? "(D) a program of research to identify the movements of nutrients, sediments and pollutants through estuarine zones and the impact of nutrients, sediments, and pollut- ants on water quality, the ecosystem, and designated or potential uses of the estuarine zones. "(2) REPORTS.—The Administrator, in cooperation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the Congress no less often than biennially a comprehensive report on the activities authorized under this subsection including— "(A) a listing of priority monitoring and research needs;
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 65 iv, "(B) an assessment of the state and health of the Nation's estuarine zones, to the extent evaluated under this .,> j^ subsection; ' ' "(C) a discussion of pollution problems and trends in '. f pollutant concentrations with a direct or indirect effect on water quality, the ecosystem, and designated or potential uses of each estuarine zone, to the extent evaluated under this subsection; and "(D) an evaluation of pollution abatement activities and management measures so far implemented to determine the degree of improvement toward the objectives expressed f^rtV'. f' jjj subsection (b)(4) of this section. "(k) DEFINITIONS.—For purposes of this section, the terms 'estu- ary' and 'estuarine zone' have the meanings such terms have in section 104(n)(4) of this Act, except that the term 'estuarine zone' 33 USC 1254. shall also include associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migration of anadromous fish or the historic head of tidal influence, -«^ whichever is higher.". SEC. 318. UNCONSOLIDATED QUATERNARY AQUIFER. Notwithstanding any other provision of law, no person may— New Jersey. (1) locate or authorize the location of a landfill, surface impoundment, waste pile, injection well, or land treatment facility over the Unconsolidated Quaternary Aquifer, or the recharge zone or streamflow source zone of such aquifer, in the fi Rockaway River Basin, New Jersey (as such aquifer and zones are described in the Federal Register, January 24, 1984, pages 2946-2948); or 49 FR 2946-2948. (2) place or authorize the placement of solid waste in a landfill, surface impoundment, waste pile, injection well, or land treatment facility over such aquifer or zone. This section may be enforced under sections 309 (a) and (b) of the Federal Water Pollution Control Act. For purposes of section 309(c) 33 USC 1319. of such Act, a violation of this section shall be considered a violation of section 301 of the Federal Water Pollution Control Act. 33 USC 1311. TITLE IV—PERMITS AND LICENSES SEC. 401. STORMWATER RUNOFF FROM OIL. GAS, AND MINING OPER- ATIONS. (a) LIMITATION ON PERMIT REQUIREMENT.—Section 402(1) is 33 u s e 1342. amended by inserting "(1) AGRICULTURAL RETURN FLOWS.—" before "The Administrator" and by adding at the end thereof the following: "(2) STORM WATER RUNOFF FROM OIL, GAS, AND MINING OPER- State and local ATiONS.—The Administrator shall not require a permit under governments, this section, nor shall the Administrator directly or indirectly require any State to require a permit, for discharges of S: stormwater runoff from mining operations or oil and gas explo- ration, production, processing, or treatment operations or trans- r mission facilities, composed entirely of flows which are from f conveyances or systems of conveyances (including but not lim- ited to pipes, conduits, ditches, and channels) used for collecting -; and conveying precipitation runoff and which are not contami nated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished prod-
101 STAT. 66 PUBLIC LAW 100-4—FEB. 4, 1987 * uct, byproduct, or waste products located on the site of such operations.". 33 use 1342. (b) CONFORMING AMENDMENTS.—Section 402(1) is further Ante, p. 65. amended— (1) by inserting "LIMITATION ON PERMIT REQUIREMENT.—" after "(1)"; and (2) by indenting paragraph (1) of such section, as designated by subsection (a) of this section, and aligning such paragraph with paragraph (2) of such section, as added by such subsection (a). SEC. 402. ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS NOT REQUIRED. Section 402 is amended by adding at the end thereof the following ,*^^;r :;^U I;* new subsection: "(m) ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS NOT REQUIRED.—To the extent a treatment works (as defined in 33 use 1292. section 212 of this Act) which is publicly owned is not meeting the requirements of a permit issued under this section for such treat- ment works as a result of inadequate design or operation of such treatment works, the Administrator, in issuing a permit under this YK ' ' section, shall not require pretreatment by a person introducing conventional pollutants identified pursuant to section 304(a)(4) of 33 use 1314. this Act into such treatment works other than pretreatment re- quired to assure compliance with pretreatment standards under 33 use 1317. subsection (b)(8) of this section and section 307(b)(1) of this Act. Nothing in this subsection shall affect the Administrator's authority 33 use 1319. under sections 307 and 309 of this Act, affect State and local 33 use 1370. authority under sections 307(b)(4) and 510 of this Act, relieve such treatment works of its obligations to meet requirements established under this Act, or otherwise preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit under this section.". SEC. 403. PARTIAL NPDES PROGRAM. Supra. Co ; ; (a) PARTIAL PERMIT PROGRAM.—Section 402 is amended by adding at the end the following: "(n) PARTIAL PERMIT PROGRAM.— "(1) STATE SUBMISSION.—The Governor of a State may submit under subsection (b) of this section a permit program for a •^ portion of the discharges into the navigable waters in such State. : >3 "^2) MINIMUM COVERAGE.—A partial permit program under this subsection shall cover, at a minimum, administration of a major category of the discharges into the navigable waters of the State or a major component of the permit program required by subsection (b). "(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PRO- GRAMS.—The Administrator may approve a partial permit pro- gram covering administration of a major category of discharges under this subsection if— "(A) such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and "(B) the Administrator determines that the partial pro- gram represents a significant and identifiable part of the State program required by subsection (b).
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 67 "(4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT PRO- GRAMS.—The Administrator may approve under this subsection a partial and phased permit program covering administration of ' a major component (including discharge categories) of a State permit program required by subsection (b) if— "(A) the Administrator determines that the partial pro- gram represents a significant and identifiable part of the State program required by subsection (b); and "(B) the State submits, and the Administrator approves, a '" plan for the State to assume administration by phases of the remainder of the State program required by subsection (b) by a specified date not more than 5 years after submis- sion of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date.". (b) RETURN OF STATE PERMIT PROGRAM TO ADMINISTRATOR.— (1) IN GENERAL.—Section 402(c) is amended by adding at the 33 USC 1342. end thereof the following new paragraph: "(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND WITHDRAWALS.—A State may return to the Administrator administration, and the Administrator may withdraw under paragraph (3) of this subsection approval, of— "(A) a State partial permit program approved under subsection (n)(3) only if the entire permit program being Ante, p. 66. administered by the State department or agency at the time is returned or withdrawn; and "(B) a State partial permit program approved under subsection (n)(4) only if an entire phased component of the permit program being administered by the State at the time is returned or withdrawn.". (2) CONFORMING AMENDMENT.—Section 402(c)(1) is amended by striking out "as to those navigable waters" and inserting in lieu thereof "as to those discharges". SEC. 404. ANTI-BACKSLIDING. (a) GENERAL RULE.—Section 402 is amended by adding at the end Ante, p. 66. thereof the following new subsection: "(o) ANTI-BACKSLIDING.— "(1) GENERAL PROHIBITION.—In the case of effluent limitations established on the basis of subsection (a)(1)(B) of this section, a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under section 3040t>) subsequent 33 USC 1314. to the original issuance of such permit, to contain effluent s limitations which are less stringent than the comparable efflu- ent limitations in the previous permit. In the case of effluent - limitations established on the basis of section 301(b)(1)(C) or 33 USC 1311. section 303 (d) or (e), a permit may not be renewed, reissued, or 33 USC 1313. ? • modified to contain effluent limitations which are less stringent than the comparable effluent limitations in the previous permit except in compliance with section 303(d)(4). "(2) EXCEPTIONS.—A permit with respect to which paragraph Pollution. (1) applies may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant if— "(A) material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of a less stringent effluent limitation;
101 STAT. 68 PUBLIC LAW 100-4—FEB. 4, 1987 "(B)(i) information is available which was not available at (H the time of permit issuance (other than revised regulations, TO guidance, or test methods) and which would have justified M the application of a less stringent effluent limitation at the time of permit issuance; or -otq h "(ii) the Administrator determines that technical mis- ^Jtij lo takes or mistaken interpretations of law were made in issuing the permit under subsection (a)(1)(B); a ,g c "(C) a less stringent effluent limitation is necessary be- te cause of events over which the permittee has no control and I-" for which there is no reasonably available remedy; "(D) the permittee has received a permit modification Ante, pp. 30, 35; under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n), or 33 use 1326. ^_ , 316(a); or "(E) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous •*-SI /ajg:; ffdt JB permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the c-y, h previous effluent limitations, in which case the limitations lU in the reviewed, reissued, or modified permit may reflect :3;j- the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in ^e*- effect at the time of permit renewal, reissuance, or :,\Ak ,/ modification). i- Subparagraph (B) shall not apply to any revised waste load allocations or any alternative grounds for translating water : quality standards into effluent limitations, except where the cumulative effect of such revised allocations results in a de- • i crease in the amount of pollutants discharged into the con- cerned waters, and such revised allocations are not the result of lyp a discharger eliminating or substantially reducing its discharge ( of pollutants due to complying with the requirements of this Act or for reasons otherwise unrelated to water quality. "(3) LIMITATIONS.—In no event may a permit with respect to which paragraph (1) applies be renewed, reissued, or modified to •".«! •Aifc. bi' contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit «!* to discharge into waters be renewed, reissued, or modified to V contain a less stringent effluent limitation if the implementa- 'Uf tion of such limitation would result in a violation of a water 33 use 1313. quality standard under section 303 applicable to such waters.". (b) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS.— Section 303(d) of the Act is amended by adding at the end thereof the following new paragraph: ^ • "(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITA- : , • \. TIONS.— "(A) STANDARD NOT ATTAINED.—For waters identified ;f under paragraph (1)(A) where the applicable water quality standard has not yet been attained, any effluent limitation . "'/) rL' < 5 based on a total maximum daily load or other waste load allocation established under this section may be revised only if (i) the cumulative effect of all such revised effluent i limitations based on such total maximum daily load or waste load allocation will assure the attainment of such water quality standard, or (ii) the designated use which is
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 69 not being attained is removed in accordance with regula- tions established under this section. "(B) STANDARD ATTAINED.—For waters identified under paragraph (1)(A) where the quality of such waters equals or "' " exceeds levels necessary to protect the designated use for -' such waters or otherwise required by applicable water qual- ity standards, any effluent limitation based on a total maximum daily load or other waste load allocation estab- lished under this section, or any water quality standard established under this section, or any other permitting standard may be revised only if such revision is subject to and consistent with the antidegradation policy established under this section.". (c) STUDY.—The Administrator shall study— 33 u s e 1375 (1) the extent to which States have reviewed, revised, and note. State and local adopted water quality standards in accordance with section 24 governments. of the Municipal Wastewater Treatment Construction Grant Amendments of 1981; and 33 u s e 1313a. (2) the extent to which modifications of permits issued under section 402(a)(1)(B) of the Federal Water Pollution Control Act 33 u s e 1342. for the purpose of reflecting any revisions to water quality standards should be encouraged or discouraged. The Administrator shall submit a report on such study, together Reports. with recommendations, to Congress not later than 2 years after the date of the enactment of this Act. (d) CONFORMING AMENDMENT.—Section 402(a)(1) is amended by 33 u s e 1342. inserting "(A)" after "either" and by inserting "(B)" after "this Act, or". SEC. 405. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES. Section 402 is amended by adding at the end thereof the following new subsection: "(p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.— State and local "(1) GENERAL RULE.—Prior to October 1, 1992, the Adminis- governments. trator or the State (in the case of a permit program approved under section 402 of this Act) shall not require a permit under this section for discharges composed entirely of stormwater. "(2) EXCEPTIONS.—Paragraph (1) shall not apply with respect to the following stormwater discharges: "(A) A discharge with respect to which a permit has been '** ' ' issued under this section before the date of the enactment ^ of this subsection. f^ ' "(B) A discharge associated with industrial activity. "(C) A discharge from a municipal separate storm sewer system serving a population of 250,000 or more. "(D) A discharge from a municipal separate storm sewer : system serving a population of 100,000 or more but less :" , than 250,000. "(E) A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. '' "(3) PERMIT REQUIREMENTS.— "(A) INDUSTRIAL DISCHARGES.—Permits for discharges associated with industrial activity shall meet all applicable provisions of this section and section 301. 33 u s e 1311.
101 STAT. 70 PUBLIC LAW 100-4—FEB. 4, 1987 "(B) MUNICIPAL DISCHARGE.—Permits for discharges from municipal storm sewers— "(i) may be issued on a system- or jurisdiction-wide basis; "(ii) shall include a requirement to effectively pro- hibit non-stormwater discharges into the storm sewers; and "(iii) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, includ- ing management practices, control techniques and system, design and engineering methods, and such :t'/,siK other provisions as the Administrator or the State determines appropriate for the control of such pollutants. "(4) PERMIT APPLICATION REQUIREMENTS.— Regulations. "(A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGES.—Not later than 2 years after the date of the enactment of this subsection, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraphs (2XB) and (2)(C). Applications for permits for such discharges shall be filed no later than 3 years after such date of enactment. Not later than 4 years after such date of enactment, the ( Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. Regulations. "(B) OTHER MUNICIPAL DISCHARGES.—Not later than 4 years after the date of the enactment of this subsection, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraph (2)(D). Applications for permits for n such discharges shall be filed no later than 5 years after such date of enactment. Not later than 6 years after such date of enactment, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. "(5) STUDIES.—The Administrator, in consultation with the States, shall conduct a study for the purposes of— "(A) identifying those stormwater discharges or classes of stormwater discharges for which permits are not required pursuant to paragraphs (1) and (2) of this subsection; "(B) determining, to the maximum extent practicable, the nature and extent of pollutants in such discharges; and "(C) establishing procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water quality. Reports. Not later than October 1, 1988, the Administrator shall submit to Congress a report on the results of the study described in Reports. subparagraphs (A) and (B). Not later than October 1, 1989, the Administrator shall submit to Congress a report on the results of the study described in subparagraph (C). State and local "(6) REGULATIONS.—Not later than October 1, 1992, the governments. Administrator, in consultation with State and local officials,
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 71 '- shall issue regulations (based on the results of the studies conducted under paragraph (5)) which designate stormwater discharges, other than those discharges described in paragraph (2), to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources. The program shall, at a minimum, (A) establish priorities, (B) establish requirements for State stormwater management pro- grams, and (C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate.". SEC. 406. SEWAGE SLUDGE. (a) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.—Sec- tion 405(d) is amended— 33 USC 1345. (1) by inserting "(1) REGULATIONS.—" before "The Adminis- (2) by striking "(1)", "(2)", and "(3)" and inserting in lieu thereof "(A)", "(B)", and "(C)", respectively; and (3) by adding at the end the following new paragraphs: "(2) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.— "(A) O N BASIS OF AVAILABLE INFORMATION.— "(i) PROPOSED REGULATIONS.—Not later than Novem- ber 30, 1986, the Administrator shall identify those ,1^ w toxic pollutants which, on the basis of available information on their toxicity, persistence, concentra- tion, mobility, or potential for exposure, may be ,,, , present in sewage sludge in concentrations which may i* adversely affect public health or the environment, and f propose regulations specifying acceptable management , . j^^ , , practices for sewage sludge containing each such toxic pollutant and establishing numerical limitations for each such pollutant for each use identified under para- . : graph (1)(A). t . "(ii) FINAL REGULATIONS.—Not later than August 31, 1987, and after opportunity for public hearing, the c '^,f#i • Administrator shall promulgate the regulations re- quired by subparagraph (A)(i). "(B) OTHERS.— "(i) PROPOSED REGULATIONS.—Notlater than July 31, 1987, the Administrator shall identify those toxic .t t pollutants not identified under subparagraph (A)(i) f^/r which may be present in sewage sludge in concentra- ^ .Cj n . tions which may adversely affect public health or the environment, and propose regulations specifying *5 ''^ acceptable management practices for sewage sludge containing each such toxic pollutant and establishing numerical limitations for each pollutant for each such use identified under paragraph (1)(A). ^^ "(ii) FINAL REGULATIONS.—Not later than June 15, 1988, the Administrator shall promulgate the regula- tions required by subparagraph (B)(i). "(C) REVIEW.—From time to time, but not less often than every 2 years, the Administrator shall review the regula- tions promulgated under this paragraph for the purpose of identifying additional toxic pollutants and promulgating
101 STAT. 72 PUBLIC LAW 100-4—FEB. 4, 1987 . nu regulations for such pollutants consistent with the require- ;.,:; ments of this paragraph. •i, "(D) MINIMUM STANDARDS; COMPLIANCE DATE.—The management practices and numerical criteria established under subparagraphs (A), (B), and (C) shall be adequate to protect public health and the environment from any reasonably anticipated adverse effects of each pollutant. Such regulations shall require compliance as expeditiously f as practicable but in no case later than 12 months after their publication, unless such regulations require the construction of new pollution control facilities, in which case the regulations shall require compliance as expedi- tiously as practicable but in no case later than two years from the date of their publication. "(3) ALTERNATIVE STANDARDS.—For purposes of this subsec- tion, if, in the judgment of the Administrator, it is not feasible to prescribe or enforce a numerical limitation for a pollutant J,, identified under paragraph (2), the Administrator may instead promulgate a design, equipment, management practice, or oper- ational standard, or combination thereof, which in the Adminis- trator's judgment is adequate to protect public health and the environment from any reasonably anticipated adverse effects of such pollutant. In the event the Administrator promulgates a design or equipment standard under this subsection, the Administrator shall include as part of such standard such requirements as will assure the proper operation and mainte- nance of any such element of design or equipment. "(4) CONDITIONS ON PERMITS.—Prior to the promulgation of 8:; the regulations required by paragraph (2), the Administrator shall impose conditions in permits issued to publicly owned treatment works under section 402 of this Act or take such 33 u s e 1342. other measures as the Administrator deems appropriate to " protect public health and the environment from any adverse ' effects which may occur from toxic pollutants in sewage sludge. "(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section is intended to waive more stringent requirements • established by this Act or any other law.". 33 u s e 1345. (b) MANNER OF SLUDGE DISPOSAL.—Section 405(e) is amended to read as follows: "(e) MANNER OF SLUDGE DISPOSAL.—The determination of the manner of disposal or use of sludge is a local determination, except that it shall be unlawful for any person to dispose of sludge from a publicly owned treatment works or any other treatment works treating domestic sewage for any use for which regulations have been established pursuant to subsection (d) of this section, except in accordance with such regulations.". (c) IMPLEMENTATION THROUGH PERMITS.—Section 405 is further amended by adding at the end thereof the following: "(f) IMPLEMENTATION OF REGULATIONS.— State and local "(1) THROUGH SECTION 402 PERMITS.—Any permit issued under governments. section 402 of this Act to a publicly owned treatment works or £ any other treatment works treating domestic sewage shall in- clude requirements for the use and disposal of sludge that :u implement the regulations established pursuant to subsection (d) of this section, unless such requirements have been included in a permit issued under the appropriate provisions of subtitle C 42 u s e 6921. of the Solid Waste Disposal Act, part C of the Safe Drinking
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 73 Water Act, the Marine Protection, Research, and Sanctuaries 42 USC 300h. Act of 1972, or the Clean Air Act, or under State permit 33 USC 1401 programs approved by the Administrator, where the Adminis- note; 42 USC trator determines that such programs assure compliance with ^'*^^ ^°^- any applicable requirements of this section. Not later than December 15, 1986, the Administrator shall promulgate pro- cedures for approval of State programs pursuant to this •^' paragraph. "(2) THROUGH OTHER PERMITS.—In the case of a treatment State and local '•'^- works described in paragraph (1) that is not subject to section governments. 402 of this Act and to which none of the other above listed 33 USC 1342. *^ permit programs nor approved State permit authority apply, « .. the Administrator may issue a permit to such treatment works solely to impose requirements for the use and disposal of sludge that implement the regulations established pursuant to subsec- "' tion (d) of this section. The Administrator shall include in the permit appropriate requirements to assure compliance with the regulations established pursuant to subsection (d) of this sec- ' tion. The Administrator shall establish procedures for issuing permits pursuant to this paragraph. "(g) STUDIES AND PROJECTS.— "(1) GRANT PROGRAM; INFORMATION GATHERING.—The Administrator is authorized to conduct or initiate scientific "'"' studies, demonstration projects, and public information and . ;^ , ^ education projects which are designed to promote the safe and •-«;. "- beneficial management or use of sewage sludge for such pur- * poses as aiding the restoration of abandoned mine sites, condi- tioning soil for parks and recreation areas, agricultural and , • ! « , :J horticultural uses, and other beneficial purposes. For the pur- '' *' poses of carrying out this subsection, the Administrator may *'. make grants to State water pollution control agencies, other ' public or nonprofit agencies, institutions, organizations, and individuals. In cooperation with other Federal departments and agencies, other public and private agencies, institutions, and :^ organizations, the Administrator is authorized to collect and ' disseminate information pertaining to the safe and beneficial use of sewage sludge. "(2) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of 3 carrying out the scientific studies, demonstration projects, and ' public information and education projects authorized in this - section, there is authorized to be appropriated for fiscal years beginning after September 30, 1986, not to exceed $5,000,000." (d) ENFORCEMENT.—(1) Section 308(a)(4) is amended by inserting 33 USC 1318. "405," before "and 504". (2) Section 505(D is amended by striking out "or" before "(6)" and 33 USC 1365. by inserting before the period "; or (7) a regulation under section 405(d) of this Act,". (3) Section 509(b)(1)(E) is amended by striking out "or 306" and 33 USC 1369. inserting in lieu thereof "306, or 405". (e) REMOVAL CREDITS.—The part of the decision of Natural Re- 33 USC 1345 sources Defense Council, Inc. v. U.S. Environmental Protection note. Agency, No. 84-3530 (3d. Cir. 1986), which addresses section 405(d) of the Federal Water Pollution Control Act is stayed until August 31, 1987, with respect to— (1) those publicly owned treatment works the owner or opera •'*'• tor of which received authority to revise pretreatment require-
101 STAT. 74 PUBLIC LAW 100-4—FEB. 4, 1987 33 u s e 1317. ments under section 307(b)(1) of such Act before the date of the enactment of this section, and (2) those pubHcly owned treatment works the owner or opera- tor of which has submitted an appHcation for authority to revise pretreatment requirements under such section 307(b)(1) which i application is pending on such date of enactment and is ap- proved before August 31, 1987. The Administrator shall not authorize any other removal credits under such Act until the Administrator issues the regulations re- Ante, p. 71. quired by paragraph (2)(A)(ii) of section 405(d) of such Act, as amended by subsection (a) of this section. 33 u s e 1345. (f) CONFORMING AMENDMENTS.—Section 405(d) is further amended— ^ .. ^ , (1) by inserting "REGULATIONS.—" after "(d)"; (2) by indenting paragraph (1) (as designated by subsection f; (a)(1) of this section) and aligning such paragraph with para- .i graph (3), as added by subsection (a)(3); and (3) in such paragraph (1) by aligning subparagraphs (A), (B), t and (C) (as designated by subsection (a)(2) of this section) with subparagraph (C) of paragraph (2), as added by subsection (a)(3) of this section. 33 u s e 1342 SEC. 407. LOG TRANSFER FACILITIES. note. State and local (a) AGREEMENT.—The Administrator and Secretary of the Army governments. shall enter into an agreement regarding coordination of permitting for log transfer facilities to designate a lead agency and to process permits required under sections 402 and 404 of the Federal Water 33 u s e 1342, Pollution Control Act, where both such sections apply, for dis- 1344. charges associated with the construction and operation of log trans- fer facilities. The Administrator and Secretary are authorized to act in accordance with the terms of such agreement to assure that, to the maximum extent practicable, duplication, needless paperwork and delay in the issuance of permits, and inequitable enforcement between and among facilities in different States, shall be eliminated. (b) APPLICATIONS AND PERMITS BEFORE OCTOBER 22, 1985.—Where both of sections 402 and 404 of the Federal Water Pollution Control Act apply, log transfer facilities which have received a permit under section 404 of such Act before October 22,1985, shall not be required to submit a new application for a permit under section 402 of such Act. If the Administrator determines that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act satisfies the applicable requirements of sections 301, 302, 306, 307, 33 u s e 1311, 308, and 403 of such Act, a separate application for a permit under 1312, 1316-1318, section 402 of such Act shall not thereafter be required. In any case 1343. where the Administrator demonstrates, after an opportunity for a hearing, that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act do not satisfy the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act, modifications to the existing permit under section 404 of such Act to incorporate such applicable requirements shall be issued by the Administrator as an alternative to issuance of a separate new permit under section 402 of such Act. (c) LOG TRANSFER FACILITY DEFINED.—For the purposes of this section, the term "log transfer facility" means a facility which is constructed in whole or in part in waters of the United States and which is utilized for the purpose of transferring commercially har-
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 75 vested logs to or from a vessel or log raft, including the formation of a log raft. TITLE V—MISCELLANEOUS PROVISIONS SEC. 501. AUDITS. Section 501(d) is amended by inserting at the end the following new sentences: "For the purpose of carrying out audits and Contracts. examinations with respect to recipients of Federal assistance under State and local this Act, the Administrator is authorized to enter into noncompeti- governments. 33 u s e 1361. tive procurement contracts with independent State audit organiza- tions, consistent with chapter 75 of title 31, United States Code. 31 u s e 7501 et Such contracts may only be entered into to the extent and in such seq. amounts as may be provided in advance in appropriation Acts.". SEC. 502. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (a) DEFINED AS A STATE.—Section 502(3) is amended by inserting 33 u s e 1362. "the Commonwealth of the Northern Mariana Islands," after "Samoa,". (b) DEFINED AS PART OF UNITED STATES.—Section 311(a)(5) is 33 u s e 1321. amended by striking out "the Canal Zone," and inserting in lieu thereof "the Commonwealth of the Northern Mariana Islands,". SEC. 503. AGRICULTURAL STORMWATER DISCHARGES. Section 502(14) (relating to the definition of point source) is amended by inserting after "does not include" the following: "agri- cultural stormwater discharges and". SEC. 504. PROTECTION OF INTERESTS OF UNITED STATES IN CITIZEN SUITS. Section 505(c) is amended by adding at the end thereof the follow- 33 USC 1365. ing new paragraph: "(3) PROTECTION OF INTERESTS OF UNITED STATES.—Whenever any action is brought under this section in a court of the United ^ States, the plaintiff shall serve a copy of the complaint on the Attorney General and the Administrator. No consent judgment shall be entered in an action in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator.". SEC. 505. JUDICIAL REVIEW AND AWARD OF FEES. (a) LOCATION; DEADLINE FOR APPEAL.—Section 509(b)(1) is 33 USC 1369. amended— (1) by striking out "transacts such business" and inserting in lieu thereof, "transacts business which is directly affected by such action"; and (2) by striking out "ninety" and "ninetieth" and inserting in lieu thereof "120" and "120th", respectively. -' ' (b) VENUE; AWARD OF FEES.—Section 509(b) is amended by adding at the end thereof the following new paragraphs: "(3) VENUE.— "(A) SELECTION PROCEDURE.—If applications for review of "' the same agency action have been filed under paragraph (1) * -' of this subsection in 2 or more Circuit Courts of Appeals of the United States and the Administrator has received writ-
101 STAT. 76 PUBLIC LAW 100-4—FEB. 4, 1987 io i- i ten notice of the filing of one or more applications within 30 days or less after receiving written notice of the filing of the first application, then the Administrator shall promptly &?. advise in writing the Administrative Office of the United States Courts that applications have been filed in 2 or more Circuit Courts of Appeals of the United States, and shall identify each court for which he has written notice that such applications have been filed within 30 days or less of receiving written notice of the filing of the first such ap- Records. plication. Pursuant to a system of random selection devised for this purpose, the Administrative Office thereupon shall, within 3 business days of receiving such written notice from the Administrator, select the court in which the record shall be filed from among those identified by the Adminis- trator. Upon notification of such selection, the Adminis- trator shall promptly file the record in such court. For the purpose of review of agency action which has previously been remanded to the Administrator, the record shall be filed in the Circuit Court of Appeals of the United States which remanded such action. Records. "(B) ADMINISTRATIVE PROVISIONS.—Where applications have been filed under paragraph (1) of this subsection in two or more Circuit Courts of Appeals of the United States with respect to the same agency action and the record has been filed in one of such courts pursuant to subparagraph (A), the other courts in which such applications have been filed shall promptly transfer such applications to the Cir- cuit Court of Appeals of the United States in which the r'^c^'j.rs*!' record has been filed. Pending selection of a court pursuant to subparagraph (A), any court in which an application has •md' been filed under paragraph (1) of this subsection may post- pone the effective date of the agency action until 15 days after the Administrative Office has selected the court in which the record shall be filed. rit "(C) TRANSFERS.—Any court in which an application with respect to any agency action has been filed under para- graph (1) of this subsection, including any court selected ft pursuant to subparagraph (A), may transfer such applica- tion to any other Circuit Court of Appeals of the United States for the convenience of the parties or otherwise in the interest of justice. "(4) AWARD OF FEES.—In any judicial proceeding under this subsection, the court may award costs of litigation (including p. reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party whenever it determines that such award is appropriate.". (c) CONFORMING AMENDMENT FOR CITIZEN SUIT ACTIONS.—The 33 u s e 1365. first sentence of section 505(d) is amended by inserting "prevailing or substantially prevailing" before "party". (4 i SEC. 506. INDIAN TRIBES. Title V is amended by redesignating section 518, and any ref- 33 u s e 1378. erences thereto, as section 519 and by inserting after section 517 the following new section:
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 77 "SEC. 518. INDIAN TRIBES. 33 u s e 1377. "(a) POLICY.—Nothing in this section shall be construed to affect the application of section 101(g) of this Act, and all of the provisions 33 u s e 1251. of this section shall be carried out in accordance with the provisions of such section 101(g). Indian tribes shall be treated as States for purposes of such section 101(g). "(b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.—The State and local Administrator, in cooperation with the Director of the Indian governments. Health Service, shall assess the need for sewage treatment works to Waste disposal. serve Indian tribes, the degree to which such needs will be met through funds allotted to States under section 205 of this Act and 33 u s e 1285. priority lists under section 216 of this Act, and any obstacles which 33 u s e 1296. prevent such needs from being met. Not later than one year after the date of the enactment of this section, the Administrator shall submit a report to Congress on the assessment under this subsec- tion, along with recommendations specifying (1) how the Adminis- trator intends to provide assistance to Indian tribes to develop waste treatment management plans and to construct treatment works under this Act, and (2) methods by which the participation in and administration of programs under this Act by Indian tribes can be maximized. "(c) RESERVATION OF FUNDS.—The Administrator shall reserve State and local each fiscal year beginning after September 30, 1986, before allot- governments. ments to the States under section 205(e), one-half of one percent of Waste disposal. the sums appropriated under section 207. Sums reserved under this 33 u s e 1287. subsection shall be available only for grants for the development of waste treatment management plans and for the construction of sewage treatment works to serve Indian tribes. "(d) COOPERATIVE AGREEMENTS.—In order to ensure the consistent State and local implementation of the requirements of this Act, an Indian tribe and governments. the State or States in which the lands of such tribe are located may enter into a cooperative agreement, subject to the review and ap- proval of the Administrator, to jointly plan and administer the requirements of this Act. "(e) TREATMENT AS STATES.—The Administrator is authorized to Grants. treat an Indian tribe as a State for purposes of title II and sections 33 u s e 1281. 104, 106, 303, 305, 308, 309, 314, 319, 401, 402, and 404 of this Act to 33 u s e 1254, 1256, 1313, 1315, the degree necessary to carry out the objectives of this section, but 1318,1319, 1324; only if— ante, p. 52; 33 "(1) the Indian tribe has a governing body carrying out u s e 1341, 1342, substantial governmental duties and powers; 1344. "(2) the functions to be exercised by the Indian tribe pertain to the management and protection of water resources which are held by an Indian tribe, held by the United States in trust foi Indians, held by a member of an Indian tribe if such property interest is subject to a trust restriction on alienation, or other- wise within the borders of an Indian reservation; and "(3) the Indian tribe is reasonably expected to be capable, in the Administrator's judgment, of carrying out the functions to be exercised in a manner consistent with the terms and pur poses of this Act and of all applicable regulations. Such treatment as a State may include the direct provision of funds reserved under subsection (c) to the governing bodies of Indian tribes, and the determination of priorities by Indian tribes, where not determined by the Administrator in cooperation with the Direc- tor of the Indian Health Service. The Administrator, in cooperation
101 STAT. 78 PUBLIC LAW 100-4—FEB. 4, 1987 with the Director of the Indian Health Service, is authorized to 33 u s e 1281. make grants under title II of this Act in an amount not to exceed Regulations. 100 percent of the cost of a project. Not later than 18 months after the date of the enactment of this section, the Administrator shall, in consultation with Indian tribes, promulgate final regulations which specify how Indian tribes shall be treated as States for purposes of this Act. The Administrator shall, in promulgating such regulations, consult affected States sharing common water bodies and provide a mechanism for the resolution of any unreasonable consequences that may arise as a result of differing water quality standards that may be set by States and Indian tribes located on common bodies of water. Such mechanism shall provide for explicit consideration of relevant factors including, but not limited to, the effects of differing water quality permit requirements on upstream and downstream dischargers, economic impacts, and present and historical uses and quality of the waters subject to such standards. Such mechanism should provide for the avoidance of such unreasonable consequences in a manner consistent with the objective of this Act. "(f) GRANTS FOR NONPOINT SOURCE PROGRAMS.—The Adminis- trator shall make grants to an Indian tribe under section 319 of this Ante, p. 52. Act as though such tribe was a State. Not more than one-third of one percent of the amount appropriated for any fiscal year under section 319 may be used to make grants under this subsection. In addition to the requirements of section 319, an Indian tribe shall be required to meet the requirements of paragraphs (1), (2), and (3) of subsection (d) of this section in order to receive such a grant. "(g) ALASKA NATIVE ORGANIZATIONS.—No provision of this Act shall be construed to— "(1) grant, enlarge, or diminish, or in any way affect the scope of the governmental authority, if any, of any Alaska Native organization, including any federally-recognized tribe, tradi- tional Alaska Native council, or Native council organized pursu- 25 u s e 476. " ant to the Act of June 18, 1934 (48 Stat. 987), over lands or persons in Alaska; "(2) create or validate any assertion by such organization or any form of governmental authority over lands or persons in • Alaska; or "(3) in any way affect any assertion that Indian country, as defined in section 1151 of title 18, United States Code, exists or does not exist in Alaska. "(h) DEFINITIONS.—For purposes of this section, the term— "(1) 'Federal Indian reservation' means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the res- ervation; and r*: "(2) 'Indian tribe' means any Indian tribe, band, group, or ..* r. community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation.". 33 u s e 1362 SEC. 507. DEFINITION OF POINT SOURCE. note. For purposes of the Federal Water Pollution Control Act, the term 33 u s e 1251 "point source" includes a landfill leachate collection system. note.
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 79 SEC. 508. SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES. (a) FINDING.—The Congress finds that the New York Bight Apex 33 USC 1414a is no longer a suitable location for the ocean dumping of municipal note, sludge. (b) GENERAL RULE.—Title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) is further amended by inserting after section 104 the following new section: 33 USC 1414. SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES "SEC. 104A. (a) N E W YORK BIGHT APEX.—(1) For purposes of this 33 USC I4l4a. subsection: "(A) The term 'Apex' means the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude. "(B) The term 'Apex site' means that site within the Apex at which the dumping of municipal sludge occurred before Octo- ber 1, 1983. "(C) The term 'eligible authority' means any sewerage author- ity or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site. %2) No person may apply for a permit under this title in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority. "(3) The Administrator may not issue, or renew, any permit under this title that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the ='^'' earlier of— "(A) December 15, 1987; or "(B) the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities can reasonably be dumped at a site designated under section 102 33 USC 1412. other than a site within the Apex. "(b) RESTRICTION ON USE OF THE 106-MILE SITE.—The Adminis- trator may not issue or renew any permit under this title which authorizes any person, other than a person that is an eligible authority within the meaning of subsection (a)(1)(C), to dump, or to transport for the purposes of dumping, municipal sludge within the site designated under section 102(c) by the Administrator and known as the '106-Mile Ocean Waste Dump Site' (as described in 49 F.R. 19005).". r., ,.' SEC. 509. OCEAN DISCHARGE RESEARCH PROJECTS. (a) IN GENERAL.—Notwithstanding any other provision of law, the California. Administrator is authorized to issue a research permit to the Orange County, California, Sanitation Districts for the discharge of preconditioned municipal sewage sludge into the ocean for the '' purpose of enabling research to be conducted in assessing and analyzing the effects of disposing of sewage sludge by pipeline into ocean waters— ^ (1) if the Administrator is satisfied that such local govern- mental agency is actively pursuing long-term land-based options for the handling of its sludge with special emphasis on remote disposal alternatives set forth in the 1980 LA/OMA sludge
101 STAT. 80 PUBLIC LAW 100-4—FEB. 4, 1987 management project and on reuse of sludge or use of recycled sludge; and (2) if the Administrator determines that there is no likelihood of an unacceptable adverse effect on the environment as a result of issuance of such permit and that such permit would meet the requirements of paragraph (2) of section 301(h) of the 33 u s e 1311. Federal Water Pollution Control Act, as amended by this Act, and of the sentences following the first sentence of such section if such permit were being issued under such section. (b) PERMIT TERMS.— (1) PERIOD.—The permit for the discharge of sludge shall be for a period of 5 years commencing on the date of such dis- charge and shall not be extended or renewed. State and local (2) MONITORING.—Such permit shall provide for monitoring governments. (including whole effluent monitoring) of permitted discharges Reports. and other discharges into the ocean in the same area and the effects of such discharges (including cumulative effects) in conformance with requirements established by the Adminis- trator, after consultation with appropriate Federal and State agencies, and for the reporting of such monitoring to Congress and the Administrator every 6 months. (3) VOLUME OF DISCHARGE.—Such permit shall provide that the volume of such local agency's sludge disposed of by such experimental pipeline shall be no more than one and one-iiialf times that being disposed of by such remote disposal and alter- natives for the reuse of sludge and the use of recycled sludge. In no event shall the agency dispose of more than 50 percent of its sludge by the pipeline. Fish and fishing. (4) TERMINATION.—The permit shall provide for termination Wildlife. of the permit if the Administrator determines that the disposal of sewage sludge is resulting in an unacceptable adverse impact on fish, shellfish, and wildlife. The Administrator may termi- nate a permit issued under this section if the Administrator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown. If the effluent from a source with a permit issued under this section is contributing to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit. (c) LIMITATION ON PRECEDENT.—The facts and circumstances de- scribed in subsection (a) present a unique situation which will not establish a precedent for the relaxation of the requirements of the 33 u s e 1251 Federal Water Pollution Control Act applicable to similarly situated note. discharges. (d) REPORT.—Such districts shall report the results of the program and an analysis of such program to Congress under this section not later than four and one-half years after issuance of the permit. Mexico. SEC. 510. SAN DIEGO, CALIFORNIA. i ; / ; (a) PURPOSE.—The purpose of this section is to protect the econ- omy, public health, environment, surface water and public beaches, and water quality of the city of San Diego, California, and surround- ing areas, which are endangered and are being polluted by raw sewage emanating from the city of Tijuana, Mexico. (b) CONSTRUCTION GRANTS.—Upon approval of the necessary plans and specifications, the Administrator is authorized to make grants
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 81 to the Secretary of State, acting through the American Section of the International Boundary and Water Commission (hereinafter in this section referred to as the "Commission"), or any other Federal agency or any other appropriate commission or entity designated by the President. Such grants shall be for construction of a project consisting of— (1) defensive treatment works to protect the residents of the city of San Diego, California, and surrounding areas from pollu- ? tion resulting from any inadequacies or breakdowns in wastewater treatment works and systems in Mexico; and ' (2) treatment works in the city of San Diego, California, to provide primary or more advanced treatment of municipal sewage and industrial waste from Mexico, including the city of Tijuana, Mexico. (c) LIMITATION ON GRANTS.—Notwithstanding subsection (b), the Pollution. Administrator may make grants for construction of treatment works described in subsection (b)(2) only if, after public notice and comment, the Administrator determines that treatment works in Mexico, in conjunction with any defensive treatment works con- structed under this or any other Act, are not sufficient to protect the residents of the city of San Diego, California, and surrounding areas from water pollution originating in Mexico. (d) OPERATION AND MAINTENANCE.—The Commission or such other agency, commission, or entity as may be designated under subsection (b) is authorized to operate and maintain any treatment works constructed under subsection (b) in order to accomplish the purposes of this section. (e) APPROVAL OF PLANS.—Any treatment works for which a grant is made under this section shall be constructed in accordance with plans developed by the Commission or such other agency, commission, or entity as may be designated under subsection (b), in consultation with the city of San Diego, and approved by the Administrator to meet the construction standards which would be applicable if such treat- ment works were being constructed under title II of the Federal Water Pollution Control Act. 33 u s e 1281. (f) FEDERAL SHARE.—Construction of the treatment works under subsection (b) shall be at full Federal expense less any costs paid by the State of California and less any costs paid by the Government of Mexico as a result of agreements negotiated with the United States. (g) OCEAN OUTFALL PERMIT.—Notwithstanding section 301(j) of the Pollution. Federal Water Pollution Control Act, upon application of the city of 33 u s e 1311. San Diego, California, the Administrator may issue a permit under section 301(h) of such Act which modifies the requirements of section 301(b)(1)(B) of such Act to permit the discharge of pollutants for any ocean outfall constructed with Federal assistance under this section if the Administrator finds that issuing such permit is in the best interests of achieving the goals and requirements of such Act. The Administrator may waive the requirements of section 301(h)(5) of such Act with respect to the issuance of such permit if the Administrator finds that such waiver is in the best interests of achieving the goals and requirements of such Act. (h) TREATMENT OF SAN DIEGO SEWAGE.—If any treatment works constructed pursuant to this section becomes no longer necessary to provide protection from pollution originating in Mexico, the city of San Diego, California, may use such treatment works to treat municipal and individual waste originating in the city of San Diego and surrounding areas if the city of San Diego enters into a binding
101 STAT. 82 PUBLIC LAW 100-4—FEB. 4, 1987 agreement with the Administrator to pay to the United States 45 percent of the costs incurred in the construction of such treatment works. (i) DEFINITIONS.—For purposes of this section, the terms "construc- tion" and "treatment works" have the meanings such terms have 33 use 1292. under section 212 of the Federal Water Pollution Control Act. Grants. (j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for fiscal years beginning after September 30, 1986, such sums as may be necessary to the Administrator to make grants under this section and such sums as may be necessary to the Commission or such other agency, commission, or entity as the President may designate under subsection (b), to carry out this section. , SEC. 511. LIMITATION ON DISCHARGE OF RAW SEWAGE BY NEW YORK (a) IN GENERAL.— (1) NORTH RIVER PLANT.—If the wastewater treatment plant identified in the consent decree as the North River plant has not achieved advanced preliminary treatment as required under the terms of the consent decree by August 1, 1986, the city of New York shall not discharge raw sewage from the drainage area of such plant (as defined in the consent decree) into navigable waters after such date in an amount which is greater for any 30-day period than an amount equal to 30 times the average daily amount of raw sewage discharged from such drainage area during the 12-month period ending on the earlier of the date on which such plant becomes operational or March 15, 1986 (as determined by the Administrator), except as provided in subsection (b). (2) RED HOOK PLANT.—If the wastewater treatment plant identified in the consent decree as the Red Hook plant has not achieved advanced preliminary treatment as required under the terms of the consent decree by August 1, 1987, the city of New ;; >: York shall not discharge raw sewage from the drainage area of such plant (as defined in the consent decree) into navigable waters after such date in an amount which is greater for any 30- day period than an amount equal to 30 times the average daily amount of raw sewage discharged from such drainage area ;,c«l during the 12-month period ending on the earlier of the date on OR i ?; which such plant becomes operational or March 15, 1987 (as ! determined by the Administrator), except as provided in subsec- tion (b). (b) WAIVERS.— (1) INTERRUPTION OF PLANT OPERATION.—In the event of any significant interruption in the operation of the North River plant or the Red Hook plant caused by an event described in subparagraph (A), (B), or (C) of paragraph (5) occurring after the applicable deadline established under subsection (a), the Administrator shall waive the limitation of subsection (a) with respect to such plant, but only to such extent and for such limited period of time as may be reasonably necessary for the city of New York to resume operation of such plant. (2) INCREASED PRECIPITATION.—In the event that the volume of precipitation occurring after the applicable deadline established under subsection (a) causes the discharge of raw sewage to exceed the limitation under subsection (a), the Administrator
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 83 shall waive the limitation of subsection (a) with respect to either or both such plants, but only to such extent and for such limited period of time as the Administrator determines to be necessary to take into account the increased discharge caused by such volume of precipitation. (3) VARIATIONS IN CERTAIN NORTH RIVER DRAINAGE AREA DIS- CHARGES.—In the event that an increase in discharges from the North River drainage area constituting a violation of subsection (a)(1) is due to a random or seasonal variation, and that any sewer hookup occurring, or permit for a sewer hookup granted, after July 31, 1986, is not responsible for such violation, the Administrator shall waive the limitation of subsection (a)(1), but only to such extent and for such limited period of time as the Administrator determines to be reasonably necessary to take into account such random or seasonal variation. (4) VARIATIONS IN CERTAIN RED HOOK DRAINAGE AREA DIS- CHARGES.—In the event that an increase in discharges from the Red Hook drainage area constituting a violation of subsection (a)(2) is due to a random or seasonal variation, and that any sewer hookup occurring, or permit for a sewer hookup granted, after July 31, 1987, is not responsible for such violation, the Administrator shall waive the limitation of subsection (a)(2), but only to such extent and for such limited period of time as the Administrator determines to be reasonably necessary to take into account such random or seasonal variation. (5) CIRCUMSTANCES BEYOND CITY'S CONTROL.—The Adminis- trator shall extend either deadline under paragraph (1) or (2) of subsection (a) to such extent and for such limited period of time as may be reasonably required to take into account any— (A) act of war, (B) unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been pre- vented or avoided by the exercise of due care or foresight, or (C) other circumstances beyond the control of the city of New York, except such circumstances shall not include (i) the unavailability of Federal funds under section 201 of the Federal Water Pollution Control Act, (ii) the unavailability 33 USC 1281. of funds from the city of New York or the State of New York, or (iii) a policy decision made by the city of New York or the State of New York to delay the achievement of advanced preliminary treatment at the North River plant or Red Hook plant beyond the applicable deadline set forth in subsection (a). (c) PENALTIES.—Except as otherwise provided in subsection (b), any violation of subsection (a) shall be considered to be a violation of section 301 of the Federal Water Pollution Control Act, and all 33 USC 1311. provisions of such Act relating to violations of such section 301 shall apply. - (d) CONSENT DECREE DEFINED.—For purposes of this section, the term "consent decree" means the consent decree entered into by the Environmental Protection Agency, the city of New York, and the State of New York, on December 30, 1982, relating to construc- tion and operation of the North River and Red Hook wastewater treatment plants.
101 STAT, 84 PUBLIC LAW 100-4—FEB. 4, 1987 (e) COOPERATION.—The Administrator shall work with the city of New York to eliminate the discharge of raw sewage by such city at the earliest practicable date. (f) SAVINGS CLAUSE.—Nothing in this section shall be construed as modifying the terms of the consent decree. (g) SENSE OF CONGRESS.—It is the sense of Congress that the Administrator should not agree to any further modification of the consent decree with respect to the schedule for achieving advanced preliminary treatment. (h) TERMINATION DATES.— (1) NORTH RIVER PLANT.—The provisions of this section shall remain in effect with respect to the North River drainage area until such time as the North River plant has achieved advanced preliminary treatment (as defined in the consent decree) for a period of six consecutive months. . ,, (2) RED HOOK PLANT.—The provisions of this section shall remain in effect with respect to the Red Hook drainage area until such time as the Red Hook plant has achieved advanced preliminary treatment (as defined in the consent decree) for a period of six consecutive months. (i) MONITORING ACTIVITIES.—The Administrator shall promptly establish and carry out a program within available funds to imple- ment the monitoring activities which may be required under subsec- tion (a). (j) ESTABLISHMENT OF METHODOLOGIES.—The Administrator shall establish the methodologies, data base, and any other information required for making determinations under subsection (b)— (1) for the North River drainage area (as defined in the consent decree) by July 31, 1986, unless the requirements of subsection (h)(1) have been satisfied, and (2) for the Red Hook drainage area (as defined by the consent ' "' decree) by July 31, 1987, unless the requirements of subsection (h)(2) have been satisfied, (k) VIOLATIONS.—In carrying out this section, if the Administrator finds that a violation of subsection (a) has occurred, the Adminis- trator shall also determine, within 30 days after such finding, whether a provision of subsection (b) applies. If the Administrator requires information from the city of New York in order to deter- •^z' •: J mine whether a provision of subsection (b) applies, the Adminis- trator shall request such information. If the city of New York does not supply the information requested by the Administrator, the Administrator shall determine that subsection (b) does not apply. The city of New York shall be responsible only for such expenses as are necessary to provide such requested information. Enforcement action pursuant to subsection (c) shall be commenced at the end of such 30 days unless a provision of subsection (b) applies. im ) C' SEC. 512. OAKWOOD BEACH AND RED HOOK PROJECTS, NEW YORK. (a) RELOCATION OF NATURAL GAS FACILITIES.—Notwithstanding 33 use 1251 any provision of the Federal Water Pollution Control Act, the ^°^- Administrator shall pay, to the extent provided in appropriation Acts, in the same proportion as the Federal share of other project costs, all expenses for the relocation of facilities for the distribution of natural gas with respect to the entire wastewater treatment works known as the Oakwood Beach (EPA Grant Numbered 360392) and Red Hook (EPA Grant Numbered 360394) projects, New York.
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 85 (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for fiscal years beginning after September 30, 1986, not i>: , .H to exceed $7,000,000 to carry out this section. SEC. 513. BOSTON HARBOR AND ADJACENT WATERS. (a) GRANTS.—The Administrator shall make grants to the Massachusetts Water Resource Authority for purposes of— (1) assessing the principal factors having an adverse effect on the environmental quality of Boston Harbor and its adjacent waters; (2) developing and implementing a management program to improve the water quality of such Harbor and waters; and (3) constructing necessary waste water treatment works for providing secondary treatment for the areas served by such authority. (b) FEDERAL SHARE.—The Federal share of projects described in subsection (a) shall not exceed 75 percent of the cost of construction thereof. Ti i ^ ; (c) EMERGENCY IMPROVEMENTS.—The Administrator is authorized • ^ and directed to make grants to the Massachusetts Water Resource Authority for a project to undertake emergency improvements at the Deer Island Waste Water Treatment Plant in Boston, Massachu- setts. The Federal share of such project shall not exceed 75 percent .; r ??.• • of the cost of carrying out such improvements. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $100,000,000 to carry out this section for fiscal years beginning after September 30, 1986, to remain available until ex- pended. Such sums shall be in addition to and not in lieu of any other amounts authorized to be appropriated under title II of the Federal Water Pollution Control Act. 33 USC 1281. SEC. 514. WASTEWATER RECLAMATION DEMONSTRATION. (a) AUTHORITY TO MAKE GRANTS.—The Administrator is au- California. thorized to make a grant to the San Diego Water Reclamation Agency, California, to demonstrate and field test for public use innovative processes which advance the technology of wastewater reclamation and which promote the use of reclaimed wastewater. (b) FEDERAL SHARE.—The Federal share of grants made under this section shall be 85 percent of the costs of conducting such dem- onstration and field test. (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated not to exceed $2,000,000 to carry out this section for ' fiscal years beginning after September 30,1986. no SEC. 515. DES MOINES, IOWA. (a) GRANT.—The Administrator is authorized to make a grant to the city of Des Moines, Iowa, for construction of the Central Sewage Treatment Plant component of the Des Moines, Iowa, metropolitan area project. The Federal share of such project shall be 75 percent of the cost of construction. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section not to exceed $50,000,000 foi fiscal years beginning after September 30, 1986. Such sums shall be in addition to and not in lieu of any other amounts authorized to be appropriated under title II of the Federal Water Pollution Control Act.
101 STAT. 86 PUBLIC LAW 100-4—FEB. 4, 1987 33 u s e 1875 SEC. 516. STUDY OF DE MINIMIS DISCHARGES. note. Pollution. (a) STUDY.—The Administrator shall conduct a study of discharges of pollutants into the navigable waters and their regulation under 33 u s e 1251 the Federal Water Pollution Control Act to determine whether or note. not there are discharges of pollutants into such waters in amounts which, in terms of volume, concentration, and type of pollutant, are not significant and to determine the most effective and appropriate methods of regulating any such discharges. (b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of such study along with recommendations and findings concerning the most effective and appropriate methods of regulating any discharges of pollutants into the navigable waters in amounts which the Administrator determines under such study to be not significant. 33 u s e 1375 SEC. 517. STUDY OF EFFECTIVENESS OF INNOVATIVE AND ALTERNATIVE note. PROCESSES AND TECHNIQUES. (a) EFFECTIVENESS STUDY.—The Administrator shall study the effectiveness on waste treatment of innovative and alternative wastewater treatment processes and techniques referred to in sec- 33 u s e 1281. tion 201(g)(5) of the Federal Water Pollution Control Act which have been utilized in treatment works constructed under such Act. In conducting such study, the Administrator shall compile information, by State, on the types of such processes and techniques utilized, on the number of facilities constructed with such processes and tech- niques, and a description of such processes and techniques which have not performed to design standards. The Administrator shall also determine which States have not obligated the full amount set Ante, p. 20. aside under section 205(i) of such Act for such processes and tech- niques and the reasons for each such State's failure to make such obligations. (b) REPORT.—Not later than one year after the date of the enact- ment of this Act, the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representa- tives and the Committee on Environment and Public Works of the Senate a report on the results of such study, along with rec- ommendations for providing more effective incentives for innovative and alternative wastewater treatment processes and techniques. 33 u s e 1375 SEC. 518. STUDY OF TESTING PROCEDURES. note. Pollution. (a) STUDY.—The Administrator shall study the testing procedures for analysis of pollutants established under section 304(h) of the 33 u s e 1314. Federal Water Pollution Control Act. Such study shall include, but not be limited to, an analysis of the adequacy and standardization of such procedures. In conducting the analysis of the standardization of such procedures, the Administrator shall consider the extent to which such procedures are consistent with comparable procedures established under other Federal laws. (b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report on the results of the study conducted under this subsection, together with rec- ommendations for modifying the test procedures referred to in subsection (a) to improve their effectiveness, to the Committee on Public Works and Transportation of the House of Representatives
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 87 and the Committee on Environment and Public Works of the Senate. SEC. 519. STUDY OF PRETREATMENT OF TOXIC POLLUTANTS. 33 u s e 1375 note. (a) STUDY.—The Administrator shall study— (1) the adequacy of data on environmental impacts of toxic industrial pollutants discharged from publicly owned treatment works; (2) the extent to which secondary treatment at publicly owned treatment works removes toxic pollutants; (3) the capability of publicly owned treatment works to revise pretreatment requirements under section 307(b)(1) of the Fed- eral Water Pollution Control Act; 33 u s e 1317. (4) possible alternative regulatory strategies for protecting the operations of publicly owned treatment works from industrial discharges, and shall evaluate the extent to which each such strategy identified may be expected to achieve the goals of this Act; . (5) for each such alternative regulatory strategy, the extent to which removal of toxic pollutants by publicly owned treatment works results in contamination of sewage sludge and the extent ! to which pretreatment requirements may prevent such contami- nation or improve the ability of publicly owned treatment works ;,.. to comply with sewage sludge criteria developed under section 405 of the Federal Water Pollution Control Act; and 33 u s e 1345. (6) the adequacy of Federal, State, and local resources to State and local governments. I: establish, implement, and enforce multiple pretreatment limits for toxic pollutants for each such alternative strategy. (b) REPORT.—Not later than 4 years after the date of the enact- ment of this Act, the Administrator shall submit a report on the results of such study along with recommendations for improving the effectiveness of pretreatment requirements to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. SEC. 520. STUDIES OF WATER POLLUTION PROBLEMS IN AQUIFERS. 33 u s e 1375 note. (a) STUDIES.—The Administrator, in conjunction with State and state and local local agencies and after providing an opportunity for full public governments. participation, shall conduct studies for the purpose of identifying existing and potential point and nonpoint sources of pollution, and of identifying measures and practices necessary to control such sources of pollution, in the following groundwater systems and aquifers: (1) the groundwater system of the Upper Santa Cruz Basin Arizona. and the Avra-Altar Basin of Pima, Pinal, and Santa Cruz ' Counties, Arizona; *^ (2) the Spokane-Rathdrum Valley Aquifer, Washington and Weishington. Idaho; Idaho. (3) the Nassau and Suffolk Counties Aquifer, New York; New York. (4) the Whidbey Island Aquifer, Washington; (5) the Unconsolidated Quaternary Aquifer, Rockaway River New Jersey. area, New Jersey; (6) contaminated ground water under Litchfield, Hartford, Connecticut. Fairfield, Tolland, and New Haven counties, Connecticut; and (7) the Sparta Aquifer, Arkansas. Arkansas.
101 STAT. 88 PUBLIC LAW 100-4—FEB. 4, 1987 (b) REPORTS.—Not later than 2 years after the date of the enact- ment of this Act, the Administrator shall submit to Congress a report on the studies conducted under this section. 5r\ (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be .•Mou appropriated $7,000,000 for fiscal years beginning after Septem- ber 30, 1986, to carry out this section. 42 u s e 1962d-20 SEC. 521. GREAT LAKES CONSUMPTIVE USE STUDY. note. Fish and fishing. (a) STUDY OF CONSUMPTIVE USES.—In recognition of the serious Environmental impacts on the Great Lakes environment that may occur as a result protection. of increased consumption of Great Lakes water, including loss of wetlands and reduction of fish spawning and habitat areas, as well as serious economic losses to vital Great Lakes industries, and in recognition of the national goal to provide environmental protection and preservation of our natural resources while allowing for con- tinued economic growth, the Secretary of the Army in cooperation with the Administrator, other interested departments, agencies, and instrumentalities of the United States, and the eight Great Lakes States, is authorized to conduct a study of the effecte of Great Lakes water consumption on economic growth and environmental quality in the Great Lakes region and of control measures that can be implemented to reduce the quantity of water consumed. (b) MATTERS INCLUDED.—The study authorized by this section shall at a minimum include the following: (1) a review of the methodologies used to forecast Great Lakes consumptive uses, including an analysis of the sensitivity of key variables affecting such uses; ^*" (2) an analysis of the effect that enforcement of provisions of 33 u s e 1251 the Federal Water Pollution Control Act relating to thermal note. discharges has had on consumption of Great Lakes water; (3) an analysis of the effect of laws, regulations, and national ii policy objectives on consumptive uses of Great Lakes water used iti} in manufacturing; 'ir (4) an analysis of the associated environmental impacts and of i • the economic effects on industry and other interests in the Great Lakes region associated with individual consumptive use control strategies; and '•.' '">( . (5) a summary discussion containing recommendations for methods of controlling consumptive uses which methods maxi- mize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. (c) GREAT LAKES STATES DEFINED.—For purposes of this section, the term "Great Lakes States" means Minnesota, Wisconsin, Illi- nois, Ohio, Michigan, Indiana, Pennsylvania, and New York. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for fiscal years beginning after September 30, 1986, $750,000 to carry out this section. Sums appropriated under this section shall remain available until expended. 33 u s e 1375 SEC. 522. SULFIDE CORROSION STUDY. note. (a) STUDY.—The Administrator shall conduct a study of the corro- sive effects of sulfides in collection and treatment systems, the extent to which the uniform imposition of categorical pretreatment standards will exacerbate such effects, and the range of available options to deal with such effects. ^ ., ,^
PUBLIC LAW 100-4—FEB. 4, 1987 101 STAT. 89 (b) CONSULTATION.—The study required by this section shall be California. conducted in consultation with the Los Angeles City and County sanitation agencies. (c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report on the results of the study, together with recommendations for measures to reduce the corrosion of treatment works, to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $1,000,000 to carry out this section for fiscal years beginning after September 30,1986. SEC. 523. STUDY OF RAINFALL INDUCED INFILTRATION INTO SEWER 33 USC 1375 SYSTEMS. note. (a) STUDY.—The Administrator shall study problems associated California, with rainfall induced infiltration into wastewater treatment sewer systems. As part of such study, the Administrator shall study appro- priate methods of regulating rainfall induced infiltration into the sewer system of the East Bay Municipal Utility District, California. (b) REPORT.—Not later than one year after the date of the enact- ment of this Act, the Administrator shall submit to Congress a report on the results of such study, along with recommendations on reasonable methods to reduce such infiltration. SEC. 524. DAM WATER QUALITY STUDY. 33 USC 1375 note. The Administrator, in cooperation with interested States and State and local Federal agencies, shall study and monitor the effects on the quality governments. of navigable waters attributable to the impoundment of water by dams. The results of such study shall be submitted to Congress not later than December 31,1987. SEC. 525. STUDY OF POLLUTION IN LAKE PEND OREILLE, IDAHO. 33 USC 1375 note. The Administrator shall conduct a comprehensive study of the Montana. sources of pollution in Lake Pend Oreille, Idaho, and the Clark Fork Washington. River and its tributaries, Idaho, Montana, and Washington, for the purpose of identifying the sources of such pollution. In conducting such study, the Administrator shall consider existing studies, sur- veys, and test results concerning such pollution. The Adminisi rator Reports, shall report to Congress the findings and recommendations concern- ing the study conducted under this section. J I M WRIGHT Speaker of the House of Representatives. JOHN C. STENNIS President of the Senate pro tempore. IN THE HOUSE OF REPRESENTATIVES, U.S., " February S. 1987. The House of Representatives having proceeded to reconsider the bill (H.R. 1) entitled "An Act to amend the Federal Water Pollution Control Act to provide for the
101 STAT. 90 PUBLIC LAW 100-4—FEB. 4, 1987 renewal of the quality of the Nation's waters, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. DoNNALD K. ANDERSON Clerk. I certify that this Act originated in the House of Representatives. DoNNALD K. ANDERSON ,'• v: ''m ,•:::. vO- •'Z'^-'K..': Clerk. IN THE SENATE OF THE UNITED STATES, February 4, 1987. The Senate having proceeded to reconsider the bill (H.R. 1) entitled "An Act to amend the Federal Water Pollution Control Act to provide for the renewal of the quality of the Nation's waters, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives in which it originated, and passed by the House of Representatives on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: , - WALTER J. STEWART Secretary. LEGISLATIVE HISTORY—H.R. 1 (S. 1) (S. 76): CONGRESSIONAL RECORD, Vol. 133 (1987): Jan. 8, considered and passed House. Jan. 14, 16, 20, 21, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Jan. 30, Presidential veto messages. CONGRESSIONAL RECORD, Vol. 133 (1987): ' ' ' ' ^- - Feb. 3, House overrode veto. Feb. 4, Senate overrode veto.