< Back to H.R. 3639 (104th Congress, 1995–1996)

Text of the To amend the Federal Water Pollution Control Act.

This bill was introduced on June 13, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 13, 1996 (Introduced).

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HR 3639 IH

104th CONGRESS

2d Session

H. R. 3639

To amend the Federal Water Pollution Control Act.

IN THE HOUSE OF REPRESENTATIVES

June 13, 1996

Mr. BLUTE (for himself and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To amend the Federal Water Pollution Control Act.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. GRANTS FOR WASTEWATER TREATMENT.

    (a) COASTAL LOCALITIES- The Administrator shall make grants under title II of the Federal Water Pollution Control Act to appropriate instrumentalities for the purpose of construction of treatment works (including combined sewer overflow facilities) to serve coastal localities.

    (b) FEDERAL SHARE- Notwithstanding section 202(a)(1) of the Federal Water Pollution Control Act, the Federal share of grants under subsection (a) shall be 80 percent of the cost of construction, and the non-Federal share shall be 20 percent of the cost of construction.

    (c) SMALL COMMUNITIES- The Administrator shall make grants to States for the purpose of providing assistance for the construction of treatment works and alternative wastewater treatment systems to serve small communities as defined by the State; except that the term ‘small communities’ may not include any locality with a population greater than 75,000. Funds made available to carry out this subsection shall be allotted by the Administrator to the States in accordance with the allotment formula contained in section 604(a) of the Federal Water Pollution Control Act.

    (d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated for making grants under this section $300,000,000 for fiscal year 1996. Such sums shall remain available until expended and shall be equally divided between subsections (a) and (c) of this section. Such authorization of appropriation shall take effect only if the total amount appropriated for fiscal year 1996 to carry out title VI of the Federal Water Pollution Control Act is at least $2,250,000,000.

SEC. 2. TREATMENT WORKS DEFINED.

    (a) INCLUSION OF OTHER LANDS- Section 212(2)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)(A)) is amended--

      (1) by striking ‘any works, including site’;

      (2) by striking ‘is used for ultimate’ and inserting ‘will be used for ultimate’; and

      (3) by inserting before the period at the end the following: ‘and acquisition of other lands, and interests in lands, which are necessary for construction’.

    (b) POLICY ON COST EFFECTIVENESS- Section 218(a) of such Act (33 U.S.C. 1298(a)) is amended by striking ‘combination of devices and systems’ and all that follows through ‘from such treatment;’ and inserting ‘treatment works;’.

SEC. 3. COMBINED SEWER OVERFLOWS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

    ‘(q) COMBINED SEWER OVERFLOWS-

      ‘(1) REQUIREMENT FOR PERMITS- Each permit issued pursuant to this section for a discharge from a combined storm and sanitary sewer shall conform with the combined sewer overflow control policy signed by the Administrator on April 11, 1994.

      ‘(2) TERM OF PERMIT-

        ‘(A) COMPLIANCE DEADLINE- Notwithstanding any compliance schedule under section 301(b), or any permit limitation under section 402(b)(1)(B), the Administrator (or a State with a program approved under subsection (b)) may issue a permit pursuant to this section for a discharge from a combined storm and sanitary sewer, that includes a schedule for compliance with a long-term control plan under the control policy referred to in paragraph (1), for a term not to exceed 15 years.

        ‘(B) EXTENSION- Notwithstanding the compliance deadline specified in subparagraph (A), the Administrator or a State with a program approved under subsection (b) shall extend, on request of an owner or operator of a combined storm and sanitary sewer and subject to subparagraph (C), the period of compliance beyond the last day of the 15-year period--

          ‘(i) if the Administrator or the State determines that compliance by such last day is not within the economic capability of the owner or operator; and

          ‘(ii) if the owner or operator demonstrates to the satisfaction of the Administrator or the State reasonable further progress toward compliance with a long-term control plan under the control policy referred to in paragraph (1).

        ‘(C) LIMITATION ON EXTENSIONS- Notwithstanding subparagraph (B), the Administrator or the State need not grant an extension of the compliance deadline specified in subparagraph (A) if the Administrator or the State determines that such an extension is not appropriate.

      ‘(3) SAVINGS CLAUSE- Any consent decree or court order entered by a United States district court, or administrative order issued by the Administrator, before the date of the enactment of this subsection establishing any deadlines, schedules, or timetables, including any interim deadlines, schedules, or timetables, for the evaluation, design, or construction of treatment works for control or elimination of any discharge from a municipal combined storm and sanitary sewer system shall be modified upon motion or request by any party to such consent decree or court order, to extend to December 31, 2009, at a minimum, any such deadlines, schedules, or timetables, including any interim deadlines, schedules, or timetables as is necessary to conform to the policy referred to in paragraph (1) or otherwise achieve the objectives of this subsection.’

SEC. 4. SPECIFIC REQUIREMENTS FOR CAPITALIZATION GRANTS.

    Section 602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)(6)) is amended by inserting ‘(other than the 20 percent limitation contained in the exception at the end of the last sentence of such section)’ after ‘201(g)(1)’.

SEC. 5. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    (a) ACTIVITIES ELIGIBLE FOR ASSISTANCE- Section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended to read as follows:

    ‘(c) ACTIVITIES ELIGIBLE FOR ASSISTANCE-

      ‘(1) IN GENERAL- The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters to a municipality, intermunicipal agency, interstate agency, State agency, or other person. Such activities may include the following:

        ‘(A) Construction of a publicly owned treatment works if the recipient of such assistance is a municipality.

        ‘(B) Implementation of lake protection programs and projects under section 314.

        ‘(C) Implementation of a management program under section 319.

        ‘(D) Implementation of a conservation and management plan under section 320.

        ‘(E) Acquisition of property rights for the restoration or protection of publicly or privately owned riparian areas.

        ‘(F) Implementation of measures to improve the efficiency of public water use.

        ‘(G) Development and implementation of plans by a public recipient to prevent water pollution.

        ‘(H) Acquisition of lands necessary to meet any mitigation requirements related to construction of a publicly owned treatment works.

      ‘(2) FUND AMOUNTS- The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing financial assistance described in paragraph (1). Fees charged by a State to recipients of such assistance may be deposited in the fund for the sole purpose of financing the cost of administration of this title.’.

    (b) EXTENDED REPAYMENT PERIOD FOR DISADVANTAGED COMMUNITIES- Section 603(d)(1) of such Act (33 U.S.C. 1383(d)(1)) is amended--

      (1) in subparagraph (A) by inserting after ‘20 years’ the following: ‘or, in the case of a disadvantaged community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan’; and

      (2) in subparagraph (B) by striking ‘not later than 20 years after project completion’ and inserting ‘upon the expiration of the term of the loan’.

    (c) INTEREST RATES- Section 603 of such Act is further amended by adding at the end the following:

    ‘(i) INTEREST RATES- In any case in which a State makes a loan pursuant to subsection (d)(1) to a disadvantaged community, the State may charge a negative interest rate of not to exceed 2 percent to reduce the unpaid principal of the loan. The aggregate amount of all such negative interest rate loans the State makes in a fiscal year shall not exceed 20 percent of the aggregate amount of all loans made by the State from its revolving loan fund in such fiscal year.’.

SEC. 6. ALLOTMENT OF FUNDS.

    (a) IN GENERAL- Section 604(a) of the Federal Water Pollution Control Act (33 U.S.C. 1384(a)) is amended to read as follows:

    ‘(a) FORMULA FOR FISCAL YEARS 1996-2000- Sums authorized to be appropriated pursuant to section 607 for each of fiscal years 1996, 1997, 1998, 1999, and 2000 shall be allotted for such year by the Administrator not later than the 10th day which begins after the date of the enactment of the table contained in this subsection. Sums authorized for each such fiscal year shall be allotted in accordance with the following table:

‘States:

Percentage of sums authorized:

Alabama

0.7736

Alaska

0.2500

Arizona

1.1526

Arkansas

0.3853

California

9.3957

Colorado

0.6964

Connecticut

1.3875

Delaware

0.2500

District of Columbia

0.3203

Florida

3.4696

Georgia

2.0334

Hawaii

0.2629

Idaho

0.2531

Illinois

5.6615

Indiana

3.1304

Iowa

0.6116

Kansas

0.8749

Kentucky

1.3662

Louisiana

1.0128

Maine

0.6742

Maryland

1.6701

Massachusetts

4.3755

Michigan

3.8495

Minnesota

1.3275

Mississippi

0.6406

Missouri

1.7167

Montana

0.2500

Nebraska

0.4008

Nevada

0.2500

New Hampshire

0.4791

New Jersey

4.7219

New Mexico

0.2500

New York

14.7435

North Carolina

2.5920

North Dakota

0.2500

Ohio

4.9828

Oklahoma

0.6273

Oregon

1.2483

Pennsylvania

4.2431

Rhode Island

0.4454

South Carolina

0.7480

South Dakota

0.2500

Tennessee

1.4767

Texas

4.6773

Utah

0.2937

Vermont

0.2722

Virginia

2.4794

Washington

2.2096

West Virginia

1.4346

Wisconsin

1.4261

Wyoming

0.2500

Puerto Rico

1.0866

Northern Marianas

0.0308

American Samoa

0.0908

Guam

0.0657

Palau

0.1295

Virgin Islands

0.0527.’.

    (b) CONFORMING AMENDMENT- Section 604(c)(2) is amended by striking ‘title II of this Act’ and inserting ‘this title’.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 607 (33 U.S.C. 1387) is amended--

      (1) by striking ‘and’ at the end of paragraph (4);

      (2) by striking the period at the end of paragraph (5) and inserting a semicolon; and

      (3) by adding at the end the following:

      ‘(6) such sums as may be necessary for fiscal year 1995;

      ‘(7) $2,250,000,000 for fiscal year 1996;

      ‘(8) $2,300,000,000 for fiscal year 1997;

      ‘(9) $2,300,000,000 for fiscal year 1998;

      ‘(10) $2,300,000,000 for fiscal year 1999; and

      ‘(11) $2,300,000,000 for fiscal year 2000.’.