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S. 2770 (92nd): An Act to amend the Federal Water Pollution Control Act


The text of the bill below is as of Oct 18, 1972 (Passed Congress).

Summary of this bill

Source: Wikipedia

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for the improvement of wastewater treatment, and maintaining the integrity of wetlands. It is one of the United States' first and most influential modern environmental laws. As with many other major U.S. federal environmental statutes, it is administered by the U.S. Environmental Protection Agency (EPA), in coordination with state governments. Its implementing regulations are codified at 40 C.F.R. Subchapters D, N, and …


816                                  PUBLIC LAW 92-500-OCT. 18, 1972                   [86 STAT.

                    Public Law 92-500
                                                     AN ACT        '*'' ''•-••-••-•*
October 18, 1972
    [S.2770]                      To amend the Federal Water Pollution Control Act.
                       Be it enacted hy the Senate and House of Bepresentatwes of the
  Federal Water
Pollution Control   United States of America in Conaress assemoled, T h a t this Act may be
Act Amendments      cited as the "Federal Water Pollution Control Act Amendments of
of 1972.            1972".
  70 Stat. 498;        SEC. 2. The Federal Water Pollution Control Act is amended to read
84 Stat. 9 1 .
  33 u s e 1151     as follows:
note.

                        "TITLE I—RESEARCH AND RELATED PROGRAMS

                                       ((DECLARATION   OF GOALS A X D POLICY

                       "SEC. 101. (a) The objective of this Act is to restore and maintain
                    the chemical, physicalj and biological integrity of the Nation's waters.
                    I n order to achieve this objective it is hereby declared that, consistent
                    with the provisions of this Act—
                              " (1) it is the national ^oal that the discharge of pollutants into
                           the navigable waters be eliminated by 1985;
                              " (2) it is the national goal that wherever attainable, an interim
                           goal of water quality which provides for the protection and
                           propagation of fish, shellfish, and wildlife and provides for recrea-
                           tion in and on the water be achieved by July 1,1983;
                              " (3) it is the national policy that the discharge of toxic pollut-
                           ants in toxic amounts be prohibited;
                              "(4) it is the national policy that Federal financial assistance
                           be provided to construct publicly owned waste treatment works;
                              "(5) it is the national policy that area wide waste treatment
                           management planning processes be developed and implemented
                           to assure adequate control of sources of pollutants in each State;
                           and
                              " (6) it is the national policy that a major research and demon-
                           stration effort be made to develop technology necessary to elimi-
                           nate the discharge of pollutants into the navigable waters, waters
                           of the contiguous zone, and the oceans.
                       •'(b) I t is the policy of the Congress to recognize, preserve, and
                    protect the primary responsibilities and rights of States to prevent,
                    reduce, and eliminate pollution, to plan the development and use (in-
                    cluding restoration, preservation, and enhancement) of land and
                    water resources, and to consult with the Administrator in the exercise
                    of his authority under this Act. I t is further the policy of the Congress
                    to support and aid research relating to the prevention, reduction, and
                    elimination of pollution, and to provide Federal technical services and
                    financial aid to State and interstate agencies and municipalities in con-
                    nection with the prevention, reduction, and elimination of pollution.
                       "(c) I t is further the policy of Congress that the President, act-
                    ing through the Secretary of State and such national and international
                    organizations as he determines appropriate, shall take such action as
                    may be necessary to insure that to the fullest extent possible all for-
                    eign countries shall take meaningful action for the prevention, reduc-
                    tion, and elimination of pollution in their waters and in international
                    waters and for the achievement of goals regarding the elimination of
                    discharge of pollutants and the improvement of water quality to at
                    least the same extent as the LTnited States does under its laws.
 Administration.       " ( d ) Except as otherwise expressly provided in this Act, the Ad-
                    ministrator of the Environmental Protection Agency (hereinafter in
                    this Act called 'Administrator') shall administer this Act.

86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 817 "(e) Public participation in the development, revision, and enforce- ment of any regulation, standard, effluent limitation, plan, or program established by the Administrator or any State under this Act shall be provided for, encouraged, and assisted by the Administrator and the Regulations. States. The Administrator, in cooperation with the States, shall de- velop and publish regulations specifying minimum guidelines for pub- lic participation in such processes. "(f) I t is the national policy that to the maximum extent possible the procedures utilized for implementing this Act shall encourage the drastic minimization of paperwork and interagency decision proce- dures, and the best use of available manpower and funds, so as to pre- vent needless duplication and unnecessary delays at all levels of government. "COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL "SEC. 102. (a) The Administrator shall, after careful investigation, and in cooperation with other Federal agencies. State water pollution control agencies, interstate agencies, and the municipalities and industries involved, prepare or develop comprehensive programs for preventing, reducing, or eliminating the pollution of tne navigable waters and ground waters and improving the sanitary condition of surface and underground waters. In the development of such compre- hensive programs due regard shall be given to the improvements which are necessary to conserve such waters for the protection and propaga- tion of fish and aquatic life and wildlife, recrea;tional purposes, and the withdrawal of such waters for public water supply, agricultural, industrial, and other purposes. For the purpose of this section, the Administrator is authorized to make joint investigations with any such agencies of the condition of any waters in any State or States, and of the discharges of any sewage, industrial wastes, or substance which may adversely affect such waters. " (b) (1) In the survey or planning of any reservoir by the Corps of Engineers, Bureau of Reclamation, or other Federal agency, consid- eration shall be given to inclusion of storage for regulation of stream- flow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source. " (2) The need for and the value of storaj2e for regulation of stream- flow (other than for water quality) including but not limited to navi- gation, salt water intrusion, recreation, esthetics, and fish and wildlife, shall be determined by the Corps of Engineers, Bureau of Eeclama- tion, or other Federal agencies. " (3) The need for, the value of, and the impact of, storage for water Water storage; report to Con- quality control shall be determined by the Administrator, and his gress. views on these matters shall be set forth in any report or presentation to Congress proposing authorization or construction of any reservoir including such storage. "(4) The value of such storage shall be taken into account in deter- mining the economic value of the entire project of which it is a part, and costs shall be allocated to the purpose of regulation of streamflow in a manner which will insure that all project purposes, share equitably in the benefits of multiple-purpose construction. "(5) Costs of r e f l a t i o n of streamflow features incorporated in a n j Federal reservoir or other impoundment under the provisions of this Act shall be determined and the beneficiaries identified and if the benefits are widespread or national in scope, the costs of such features shall be nonreimbursable.
818 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "(6) No license granted by the Federal Power Commission for a hydroelectric power project shall include storage for regulation of streamflow for the purpose of water quality control unless the Admin- istrator shall recommend its inclusion and such reservoir storage ca- pacity shall not exceed such proportion of the total storage required for the water quality control plan as the drainage area of such res- ervoir bears to the drainage area of the river basin or basins involved in such water quality control plan. °''^"*^- " (c)(1) The Administrator shall, at the request of the Governor of a State, or a majority of the Governors when more than one State is in- volved, make a grant to pay not to exceed 50 per centum of the ad- ministrative expenses of a planning agency for a period not to exceed three years, which period shall begin after the date of enactment of the Ante, p. 816. Federal Water Pollution Control Act Amendments of 1972, if such agency provides for adequate representation of appropriate State, interstate, local, or (when appropriate) international interests in the basin or portion thereof involved and is capable of developing an effec- tive, comprehensive water quality control plan for a basin or portion thereof. "(2) Each planning agency receiving a grant under this subsection shall develop a comprehensive pollution control plan for the basin or portion thereof which— " ( A ) is consistent with any applicable water quality standards, effluent and other limitations, and thermal discharge regulations established pursuant to current law within the basin; " ( B ) recommends such treatment works as will provide the most effective and economical means of collection, storage, treatment, and elimination of pollutants and recommends means to encourage both municipal and industrial use of such works; " ( C ) recommends maintenance and improA^ement of water quality within the basin or portion thereof and recommends methods of adequately financing those facilities as may be neces- sary to implement the plan; and " ( D ) as appropriate, is developed in cooperation with, and is consistent with any comprehensive plan prepared by the Water Resources Council, any areawdde waste management plans devel- oped pursuant to section 208 of this Act, and any State plan developed pursuant to section 303 (e) of this Act. "Basin." "(3) JTQJ. ^he purposes of this subsection the term 'basin' includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes, and portions thereof, as well as the lands drained thereby. " i X T E R S T A T E COOPERATIOX AXD U X I F O R M LAW^S "SEC. 103. (a) The Administrator shall encourage cooperative activ- ities by the States for the prevention, reduction, and elimination of pollution, encourage the enactment of improved and, so far as prac- ticable, uniform State laws relating to the prevention, reduction, and elimination of pollution; and encourage compacts between States for the prevention and control of pollution. Consent of ^^(h) The couscnt of the Congress is hereby given to two or more Congress. States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) coopera- tive effort and mutual assistance for the prevention and control of pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and com- pacts. No such agreement or compact shall be binding or obligatory
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 819 upon any State a party thereto unless and until it has been approved by the Congress. "RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION "SEC. 104. (a) The Administrator shall establish national programs for the prevention, reduction, and elimination of pollution and as part of such programs shall— "(1) in cooperation with other Federal, State, and local agen- cies, conduct and promote the coordination and acceleration of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, extent, preven- tion, reduction, and elimination of pollution; "(2) encourage, cooperate with, and render technical services to pollution control agencies and other appropriate public or pri- vate agencies, institutions, and organizations, and individuals, including the general public, in the conduct of activities referred to in paragraph (1) of this subsection; "(3) conduct, in cooperation with State water pollution con- trol agencies and other interested agencies, organizations and persons, public investigations concerning the pollution of any navigable waters, and report on the results of such investigations; "(4) establish advisory committees composed of recognized experts in various aspects of pollution and representatives of the " ' '^ public to assist in the examination and evaluation of research '" progress and proposals and to avoid duplication of research; " (5) in cooperation with the States, and their political subdivi- g^^^^fj"".''"^^'^^.. sions, and other Federal agencies establish, equip, and maintain t"m^^epo"t^r ^^''" a water quality surveillance system for the purpose of mon- itoring: the quality of the navigable waters and ground waters and the contiguous zone and the oceans and the Administrator shall, to the extent practicable, conduct such surveillance by utilizing the resources of the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Admin- istration, the Geological Survey, and the Coast Guard, and shall report on such quality in the report required under subsection (a) of section 516; and "(6) initiate and promote the coordination and acceleration of Report to con- research designed to develop the most effective practicable tools g r e s s . and techniques for measuring the social and economic costs and benefits of activities which are subject to regulation under this Act; and shall transmit a report on the results of such research to the Congress not later than January 1, 1974. " ( b ) In carrying out the provisions of subsection (a) of this sec- tion the Administrator is authorized to— "(1) collect and make available, through publications and other appropriate means, the results of and other information, including appropriate recommendations by him in connection therewith, pertaining to such research and other activities referred to in paragraph (1) of subsection ( a ) ; "(2) cooperate with other Federal departments and agencies. State water pollution control agencies, interstate agencies, other public and private agencies, institutions, organizations, indus- tries involved, and individuals, in the preparation and conduct of such research and other activities referred to in paragraph (1) of subsection (a) ;
820 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. L -' "(3) make grants to State water pollution control agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals, for purposes stated in paragraph (1) of subsection (a) of this section; "(4) contract with public or private agencies, institutions, organizations, and individuals, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5), referred to in paragraph (1) of subsection (a) ; "(5) establish and maintain research fellowships at public or nonprofit private educational institutions or research organi- zations ; " (6) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agen- cies, institutions, and organizations having related responsibili- ties, basic data on chemical, physical, and biological ett'ects of varying water quality and other information pertaining to pollu- tion and the prevention, reduction, and elimination thereof; and "(7) develop effective and practical processes, methods, and prototype devices for the prevention, reduction, and elimination of pollution. Pollutant ef- "(c) In carrying out the provisions of subsection (a) of this section fects, study. the Administrator shall conduct research on, and survey the results of other scientific studies on, the harmful effects on the health or welfare HEW, of persons caused by pollutants. In order to avoid duplication of effort, tion. the Administrator shall, to the extent practicable, conduct such research in cooperation with and through the facilities of the Secre- tary of Health, Education, and Welfare. " ( d ) In carrying out the provisions of this section the Administrator shall develop and demonstrate under varied conditions (including conducting such basic and applied research, studies, and experiments as may be necessary) : "(1) Practicable means of treating municipal sewage, and other waterborne wastes to implement the requirements of sec- tion 201 of this Act; "(2) Improved methods and procedures to identify and meas- ure the effects of pollutants, including those pollutants created by new technological developments; and "(3) Methods and procedures for evaluating the effects on water quality of augmented streamflows to control pollution not susceptible to other means of prevention, reduction, or elimination. Field research "(e) The Administrator shall establish, equip, and maintain field laboratories. laboratory and research facilities, including, but not limited to, one to be located in the northeastern area of the United States, one in the Middle Atlantic area, one in the southeastern area, one in the mid- western area, one in the southwestern area, one in the Pacific North- west, and one in the State of Alaska, for the conduct of r-esearch, investigations, experiments, field demonstrations and studies, and training relating to the prevention, reduction and elimination of pollution. Insofar as practicable, each such facility shall be located near institutions of higher learning in which graduate training in such research might be carried out. In conjunction with the develop- ment of criteria under section 403 of this Act, the Administrator shall construct the facilities authorized for the National Marine Water Quality Laboratory established under this subsection. Great Lakes, water quality "(f) The Administrator shall conduct research and technical devel- research. opment work, and make studies, with respect to the quality of the waters of the Great Lakes, including an analysis of the present and
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 821 projected future water quality of the Great Lakes under varying conditions of waste treatment and disposal, an evaluation of the water quality needs of those to be served by such waters, an evaluation of municipal, industrial, and vessel waste treatment and disposal prac- tices with respect to such waters, and a study of alternate means of solving pollution problems (including additional waste treatment measures) with respect to such waters. " (ff) (1) For the purpose of providing an adequate supply of trained Treatment ^ f e ' ^ ,', , 1 • i • • j^' 1 je 1. J. J. J. 1 works, pilot train- personnel to operate and maintain existing and luture treatment works ing programs. and related activities, and for the purpose of enhancing substantially the proficiency of those engaged in such activities, the Administrator shall finance pilot programs, in cooperation with State and interstate agencies, municipalities, educational institutions, and other organi- zations and individuals, of manpower development and training and ;.. ' ^ retraining of persons in, on entering into, the field of operation and maintenance of treatment works and related activities. Such program and any funds expended for such a program shall supplement, not supplant, other manpower and training programs and funds avail- able for the purposes of this paragraph. The Administrator is author- ized, under such terms and conditions as he deems appropriate, to enter into agreements with one or more States, acting jointly or sever- ' ally, or with other public or private agencies or institutions for the development and implementation of such a program. " (2) The Administrator is authorized to enter into agreements with- ^^^^"/J^^"^^ public and private agencies and institutions, and individuals to f^g, ^' develop and maintain an effective system for forecasting the supply of, and demand for, various professional and other occupational cate- gories needed for the prevention, reduction, and elimination of pollu- ' , -' tion in each region. State, or area of the United States and, from time to time, to publish the results of such forecasts. "(3) In furtherance of the purposes of this Act, the Administrator is authorized to— " ( A ) make grants to public or private agencies and institutions and to individuals for training projects, and provide for the con- duct of training by contract with public or private agencies and institutions and with individuals without regard to sections 3648 and 3709 of the Revised Statutes; . . fi Ksc s?^' " ( B ) establish and maintain research fellowships in the Envi- ronmental Protection Agency with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most promising research fellows; and " ( C ) provide, in addition to the program established under paragraph (1) of this subsection, training in technical matters relating to the causes, prevention, reduction, and elimination of ' „ pollution for personnel of public agencies and other persons with - suitable qualifications. "(4) The Administrator shall submit, through the President, a pr^si'dent'°trans. report to the Congress not later than December 31,1973, summarizing miua'i t""con^"^' the actions taken under this subsection and the effectiveness of such grass. actions, and setting forth the number of persons trained, the occupa- tional categories for which training was provided, the effectiveness of other Federal, State, and local training programs in this field, together with estimates of future needs, recommendations on improving train- ing programs, and such other information and recommendations, including legislative recommendations, as he deems appropriate. " ( h ) The Administrator is authorized to enter into contracts with. ^^^^ poiiutioin. or make grants to, public or private agencies and organizations and
822 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. iiiclividuals for (A) the purpose of developing and demonstrating new or improved methods for the prevention, removal, reduction, and elim- ination of pollution in lakes, including the undesirable effects of nutrients and vegetation, and (B) the construction of publicly owned research facilities for such purpose. Oil pollution " ( i ) The Administrator, in cooperation with the Secretary of the control, studies. department in which the Coast Guard is operating, shall— "(1) engage in such research, studies, experiments, and demon- strations as he deems appropriate, relative to the removal of oil from any waters and to the prevention, control, and elimination of oil and hazardous substances pollution; "(2) publish from time to time the results of such activities; and Publication in "(3) from time to time, develop and publish in the Federal Federal Register. Register specifications and other technical information on the various chemical compounds used in the control of oil and hazard- ous substances spills. I n carrying out this subsection, the Administrator may enter into con- tracts with, or make grants to, public or private agencies and organiza- tions and individuals. V e s s e l s , solid "(j) The Secretary of the department in which the Coast Guard waste disposal equipment. is operating shall engage in such research, studies, experiments, and demonstrations as he deems appropriate relative to equipment which is to be installed on board a vessel and is designed to receive, retain, treat, or discharge human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes with particular emphasis on equipment to be installed on small recreational Report to vessels. The Secretary of the department in which the Coast Guard Congress. is operating shall report to Congress the results of such research, studies, experiments, and demonstrations prior to the effective date of any re^ilations established under section 312 of this Act. In carry- ing out this subsection the Secretary of the department in which the Coast Guard is operating may enter into contracts with, or make grants to, public or private organizations and individuals. Land acquisi- "(k) In carrying out the provisions of this section relating to the tion. conduct by the Administrator of demonstration projects and the development of field laboratories and research facilities, the Adminis- trator may acquire land and interests therein by purchase, with appro- priated or donated funds, by donation, or by exchange for acquired or public lands under his jurisdiction which he classifies as suitable for disposition. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the Administrator ns the circumstances require. Pesticides, "(1)(1) The Administrator shall, after consultation with appro- effects and con- trol. priate local. State, and Federal agencies, public and private organiza- tions, and interested individuals, as soon as practicable but not later than January 1, 1973, develop and issue to the States for the purpose of carrying out this Act the latest scientific knowledge available in indicating the kind and extent of effects on health and welfare which may be expected from the presence of pesticides in the water in vary- ing quantities. He shall revise and add to such information whenever necessary to reflect developing scientific knowledge. "(2) The President shall, in consultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, conduct studies and investigations of methods to control the release of pesticides into the environment which study shall include examination of the persistency of pesticides in the water
86 STAT.] PUBLIC LAW 92-500-OCT. 18,1972 823 Reports to environment and alternatives thereto. The President shall submit Congress. reports, from time to time, on such investigations to Congress together with his recommendations for any necessary legislation. Waste oil dis- " ( m ) (1) The Administrator shall, in an effort to prevent degrada- posal. tion of the environment from the disposal of waste oil, conduct a study of (A) the generation of used engine, machine, cooling, and similar waste oil, including quantities generated, the nature and quality of such oil, present collecting methods and disposal practices, and alter- nate uses of such oil; (B) the long-term, chronic biological effects of the disposal of such waste oil; and (C) the potential market for such oils, including the economic and legal factors relating to the sale of products made from such oils, the level of subsidy, if any, needed to encourage the purchase by public and private nonprofit agencies of products from such oil, and the practicability of Federal procurement, on a priority basis, of products made from such oil. I n conducting such study, the Administrator shall consult with affected industries and other persons. " (2) The Administrator shall report the preliminary results of such Reports to Congress. study to Congress within six months after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972, and shall submit a final report to Congress within 18 months after such date of enactment. " (n) (1) The Administrator shall, in cooperfition with the Secretary Estuaries, pol- lution effects. of the Army, the Secretary of Agriculture, the Water Resources Coun- cil, and with other appropriate Federal, State, interstate, or local public bodies and private organizations, institutions, and individuals, conduct and promote, and encourage contributions to, continuing com- prehensive studies of the effects of pollution, including sedimentation, in the estuaries and estuarine zones of the United States on fish and wildlife, on sport and commercial fishing, on recreation, on water sup- ply and water power, and on other beneficial purposes. Such studies shall also consider the effect of demographic trends, the exploitation of mineral resources and fossil fuels, land and industrial development, navigation, flood and erosion control, and other uses of estuaries and estuarine zones upon the pollution of the waters therein. "(2) In conducting such studies, the Administrator shall assemble, coordinate, and organize all existing pertinent information on the Nation's estuaries and estuarine zones; carry out a program of investi- gations and surveys to supplement existing information in representa- tive estuaries and estuarine zones; and identify the problems and areas where further research and study are required. " (3) The Administrator shall submit to Congress, from time to time, Reports to Congress. reports of the studies authorized by th's subsection but at least one such report during any three year period. Copies of each such report shall be made available to all interested parties, public and private. " (4) For the purpose of this subsection, the term 'estuarine zones' means an environmental system consisting of an estuary and those transitional areas which are consistently influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, bays, harbors, lagoons, inshore waters, and channels, and the term 'estuary' means all or part of the mouth of a river or "Estuary." stream or other body of water having unimpaired natural connection with open sea and within which the sea water is measurably diluted with fresh water derived from land draina£:e. Water, unneces" " ( o ) ( l ) The Administrator shall conduct research and investiga- sary consumption. tions on devices, systems, incentives, pricing policy, and other meth- ods of reducing the total flow of sewage, including, but not limited 82-081 O - 73 - 55
824 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. to, unnecessary water consumption in order to reduce the recjuire- ments for, and the costs of, sewage and waste treatment services. Such research and investigations shall be directed to develop devices, systems, policies, and methods capable of achieving the maximum reduction of unnecessary water consumption. Reports to "(2) The Administrator shall report the preliminary results of Congress. such studies and investigations to the Congress within one year after the date of enactment of the Federal Water Pollution Control Act Ante, p. 816. Amendments of 1972, and annually thereafter in the report required under subsection (a) of section 516. Such report shall include recom- mendations for any legislation that may be required to provide for the adoption and use of devices, systems, policies, or other methods of reducing water consumption and reducing the total flow of sewage. Such report shall include an estimate of the benefits to be derived from adoption and use of such devices, systems, policies, or other methods and also shall reflect estimates of any increase in private, public, or other cost that would be occasioned thereby. Agricultural " ( p ) In carrying out the provisions of subsection (a) of this section pollution. the Administrator shall, in cooperation with the Secretary of Agri- culture, other Federal agencies, and the States, carry out a compre- hensive study and research program to determine new and improved methods and the better application of existing methods of preventing, reducing, and eliminating pollution from agriculture, including the legal, economic, and other implications of the use of such methods. Rural sewage. " (q) (1) The Administrator shall conduct a comprehensive program of I'esearch and investigation and pilot project implementation into new and improved methods of preventing, reducing, storing, collect- ing, treating, or otherwise eliminating pollution from sewage in rural and other areas where collection of sewage in conventional, commu- nity-wide sewage collection systems is impractical, uneconomical, or otherwise infeasible, or where soil conditions or other factors preclude the use of septic tank and drainage field systems. "(2) The Administrator shall conduct a comprehensive program of research and investigation and pilot project implementation into new and improved methods for the collection and treatment of sawage and other liquid wastes combined with the treatment and disposal of solid wastes. Colleges, re- " (r) The Administrator is authorized to make grants to colleges and search grants. universities to conduct basic research into the structure and function of fresh water aquatic ecosystems, and to improve understanding of the ecological characteristics necessary to the maintenance of the chemical, physical, and biological integrity of freshwater aquatic ecosystems. "River Study " (s) The Administrator is authorized to make grants to one or more Centers." institutions of higher education (regionally located and to be desig- nated as 'River Study Centers') for the purpose of conducting and reporting on interdisciplinary studies on the nature of river systems, including hydrology, biology, ecology, economics, the relationship between river uses and land uses, and the effects of development within river basins on river systems and on the value of water resources and water related activities. No such grant in any fiscal year shall exceed $1,000,000. Thermal dis- charges. " ( t ) The Administrator shall, in cooperation Avith State and Fed- eral agencies and public and private organizations, conduct con- tinuing comprehensive studies of the effects and methods of control of thermal discharges. In evaluating alternative methods of con- trol the studies shall consider (1) such data as are available on the latest available technology, economic feasibility including cost-effec-
86 STAT.] PUBLIC LAW 92-500-OCT. la, 1972 825 tiveness analysis, and (2) the total impact on the environment, con- sidering not only water quality but also air quality, land use, and effective utilization and conservation of fresh water and other nat- ural resources. Such studies shall consider methods of minimizing adverse effects and maximizing beneficial effects of thermal discharges. The results of these studies shall be reported by the Administrator P u b l i c infor- mation. as soon as practicable, but not later than 270 days after enactment of this subsection, and shall be made available to the public and the States, and considered as they become available by the Adrpinistrator in carrying out section 316 of this Act and by the States in proposing thermal water quality standards. " ( u ) There is authorized to be appropriated (1) $100,000,000 per Appropriations, fiscal year for the fiscal year ending June 30,1973, and the fiscal year ending June 30, 1974, for carrying out the provisions of this section other than subsections (g) (1) and (2), ( p ) , ( r ) , and ( t ) ; (2) not to exceed $7,500,000 for fiscal year 1973 for carrying out the provisions of subsection (g) ( 1 ) ; (3) not to exceed $2,500,000 for fiscal year 1973 for carrying out the provisions of subsection (g) ( 2 ) ; (4) not to exceed $10,000,000 for each of the fiscal years ending June 30, 1973, and June 30, 1974, for carrying out the provisions of subsection (p) ; (5) not to exceed $15,000,000 per fiscal year for the fiscal years ending June 30, 1973, and June 30, 1974, for carrying out the provisions of subsection (r) ; and (6) not to exceed $10,000,000 per fiscal year for the fiscal years ending June 30, 1973, and June 30, 1974, for carry- ing out the provisions of subsection ( t ) . GRANTS FOR RESEARCH A N D DEVELOPMENT "SEC. 105. (a) The Administrator is authorized to conduct in the pr^"J'ctfo"^"*°^ Environmental Protection Agency, and to make grants to any State, Agency,°demon. municipality, or intermunicipal or interstate agency for the purpose stration projects, of assisting in the development of— "(1) any project which will demonstrate a new or improved method of preventing, reducing, and eliminating the discharge into any waters of pollutants from sewers which carry storm water or both storm water and pollutants; or " (2) any project which will demonstrate advanced waste treat- ment and water purification methods (including the temporary use of new or improved chemical additives which provide sub- stantial immediate improvement to existing treatment processes), •-amaui or new or improved methods of joint treatment systems for municipal and industrial wastes; and to include in such grants such amounts as are necessary for the purpose of reports, plans, and specifications in connection therewith. "(b) The Administrator is authorized to make grants to any State or States or interstate agency to demonstrate, in river basins or por- tions thereof, advanced treatment and environmental enhancement techniques to control pollution from all sources, within such basins or portions thereof, including nonpoint sources, together with in stream water quality improvement techniques. "(c) I n order to carry out the purposes of section 301 of this Act, the Administrator is authorized to (1) conduct in the Environmental Protection Agency, (2) make grants to persons, and (3) enter into contracts with persons, for research and demonstration projects for prevention of pollution of any waters by industry including, but not limited to, the prevention, reduction, and elimination of the discharge of pollutants. No grant shall be made for any project under this sub- section unless the Administrator determines that such project will develop or demonstrate a new or improved method of treating
826 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. industrial wastes or otherwise prevent pollution by industry, which method shall have industrywide application. " (d) I n carrying out the provisions of this section, the Administra- tor shall conduct, on a priority basis, an accelerated effort to develop, refine, and achieve practical application of: "(1) waste management methods applicable to point and non- point sources of pollutants to eliminate the discharge of pollut- ants, including, but not limited to, elimination of runoff of pollutants and the effects of pollutants from inplace or accumu- lated sources; "(2) advanced waste treatment methods applicable to point and nonpoint sources, including inplaoe or accumulated sources of pollutants, and methods for reclaiming and recycling water and confining pollutants so they will not migrate to cause water or other environmental pollution; and "(3) improved methods and procedures to identify and meas- ure the effects of pollutants on the chemical, physical, and bio- logical integrity of water, including those pollutants created by new technological developments. "(e) (1) The Administrator is authorized to (A) make, in consulta- tion with the Secretary of Agriculture, grants to persons for research and demonstration projects with respect to new and improved methods of preventing, reducing, and eliminating pollution from agriculture, and (B) disseminate, in cooperation with the Secretary of Agriculture, such information obtained under this subsection, section 104(p), and section 304 as will encourage and enable the adoption of such methods in the agricultural industry. "(2) The Administrator is authorized, (A) in consultation with other interested Federal agencies, to make grants for demonstration projects with respect to new and improvea methods of preventing, reducing, storing, collecting, treating, or otherwise eliminating pollu- tion from sewage in i-ural and other areas where collection of sewage in conventional, community-wide sewage collection systems is imprac- tical, uneconomical, or otherwise inf easible, or where soil conditions or other factors preclude the use of septic tank and drainage field sys- tems, and (B) in cooperation with other interested Federal and State agencies, to disseminate such information obtained under this subsec- tion as will encourage and enable the adoption of new and improved methods developed pursuant to this subsection. Limitations. "(f) Federal grants under subsection (a) of this section shall be subject to the following limitations: " (1) No grant shall be made for any project unless such project shall have been approved hj the appropriate State water pollu- tion control agency or agencies and by the Administrator ; "(2) No grant shall be made for any project in an amount exceeding 75 per centum of cosft thereof as determined by the Administrator; and " (3) No grant shall be made for any project unless the Admin- istrator determines that such project will serve as a useful demonstration for the purpose set forth in clause (1) or (2) of subsection (a). " ( g ) Federal grants under subsections (c) and (d) of this section sliall not exceed 75 per centum of the cost of the project. Appropriation. " (h) F o r the purpose of this section there is authorized to be appro- priated $75,000,000 per fiscal year for the fiscal year ending June 30, 1973, and the fiscal year ending June 30, 1974, and from such ai)pro- priations at least 10 per centum of the funds actually appropriated in each fiscal year shall be available only for the purposes of subsec- tion (e).
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 827 "GRANTS FOR POLLUTION CONTROL PROGRAMS ''SEC. 106. (a) There are hereby authorized to be appropriated the state programs, appropriations. following sums, to remain available until expended, to carry out the purposes of this section— "(1) $60,000,000 for the fiscal year ending June 30, 1973; and "(2) $75,000,000 for the fiscal year ending June 30,1974; for grants to States and to interstate agencies to assist them in admin- istering programs for the prevention, reduction, and elimination of pollution, including enforcement directly or through appropriate State law enforcement officers or agencies. " ( b ) From the sums appropriated in any fiscal year, the Adminis- Allotments. trator shall make allotments to the several States and interstate agen- cies in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective States. "(c) The Administrator is authorized to pay to each State and interstate agency each fiscal year either— "(1) the allotment of such State or agency for such fiscal year under subsection (b), or "(2) the reasonable costs as determined by the Administrator of developing and carrying out a pollution program by such State or agency during such fiscal year, which ever amount is the lesser. " ( d ) No grant shall be made under this section to any State or Limitations. interstate agency for any fiscal year when the expenditure of non- Federal funds by such State or interstate agency during such fiscal year for the recurrent expenses of carrying out its pollution control program are less than the expenditure by such State or interstate agency of non-Federal funds for such recurrent program expenses during the fiscal year ending June 30, 1971. "(e) Beginning in fiscal year 1974 the Administrator shall not make any grant under this section to any State which has not provided or is not carrying out as a part of its program— " (1) the establishment and operation of appropriate devices, meth- ods, systems, and procedures necessary to monitor, and to compile and analyze data on (including classification according to eutrophic con- dition), the quality of navigable waters and to the extent practicable, ground waters including biological monitoring; and provision for annually updating such data and including it in the report required under section 305 of this Act; " (2) authority comparable to that in section 504 of this Act and ade- quate contingency plans to implement such authority. "(f) Grants shall be made under this section on condition that— Conditions. "(1) Such State (or interstate agency) files with the Administrator within one hundred and twenty days after the date of enactment of this section: " ( A ) a summary report of the current status of the State pol- lution control program, including the criteria used by the State in determining priority of treatment works; and " ( B ) such additional information, data, and reports as the Administrator may require. "(2) No federally assumed enforcement as defined in section 309 (a) (2) is in effect with respect to such State or interstate agency. "(3) Such State (or interstate agency) submits within one hundred and twenty days after the date of enactment of this section and before July 1 of each year thereafter for the Administrator's approval its program for the prevention, reduction, and elimination of pollution in accordance with purposes and provisions of this Act in such form and content as the Administrator may prescribe.
828 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "(g) Any sums allotted under subsection (b) in any fiscal year which are not paid shall be reallotted by the Administrator in accordance with regulations promulgated by him. 'MINE WATER POLLUTION CONTROL DEMONSTRATIONS "SEC. 107. (a) The Administrator in cooperation with the Appalach- ian Kegional Commission and other Federal agencies is authorized to conduct, to make grants for, or to contract for, projects to demonstrate comprehensive approaches to the elimination or control of acid or other mine water pollution resulting from active or abandoned mining operations and other environmental pollution affecting water quality within all or part of a watershed or river basin, including siltation from surface mining. Such projects shall demonstrate the engineer- ing and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and prac- tical methods of acid or other mine water pollution elimination or control, and other pollution affecting water quality, including tech- niques that demonstrate the engineering and economic feasibility and practicality of using sewage ^udge materials and other municipal wastes to diminish or prevent pollution affecting water quality from acid, sedimentation, or other pollutants and in such projects to restore affected lands to usefulness for forestry, agricultiire, recreation, or other beneficial purposes. "(b) Prior to undertaking any demonstration project under this section in the Appalachian region (as defined in section 403 of the 79 Stat. 21; Appalachian Regional Development Act of 1965, as amended), the 81 Stat. 266; 83 Stat. 215. Appalachian Rej^ional Commission shall determine that such demon- 40 u s e app, stration project is consistent with the objectives of the Appalachian 403. Regional Development Act of 1965, as amended. 79 Stat. 5; 85 Stat. 173. 'H^c) The Administrator, in selecting watersheds for the purposes 40 u s e app. of this section, shall be satisfied that the project area will not be affected adversely by the influx of acid or other mine water pollution from nearby sources. Federal partici- pation, conditions. "(d) Federal participation in such projects shall be subject to the conditions— "(1) that the State shall acquire any land or interests therein necessary for such project; and " (2) that the State shall provide legal and practical protection to the project area to insure against any activities which will cause future acid or other mine water pollution. Appropriation. "(e) There is authorized to be appropriated $30,000,000 to carry out the provisions of this section, which sum shall be available until expended. " P O L L U T I O N CONTROL I N GREAT LAKES Federal-State "SEC. 108. (a) The Administrator, in cooperation with other Federal cooperation. departments, agencies, and instrumentalities is authorized to enter into agreements with any State, political subdivision, interstate agency, or other public agency, or conibination thereof, to carry out one or more projects to demonstrate new methods and techniques and to develop preliminary plans for the elimination or control of pollution, within all or any part of the watersheds of the Great Lakes. Such projects shall demonstrate the engineering and economic feasibility and practicality of removal of pollutants and prevention of any pol-. luting matter from entering into the Great Lakes in the future and other reduction and remedial techniques which will contribute sub- stantially to effective and practical methods of pollution prevention, reduction, or elimination.
86 STAT. ] PUBLIC LAW 92-500-OCT. 18,1972 829 " ( b ) Federal participation in such projects shall be subject to the Federal partici- pation, condition. condition that the State, political subdivision, interstate agency, or other public agency, or combination thereof, shall pay not less than 25 per centum of the actual project costs, which payment may be in any form, including, but not limited to, land or interests therein that is needed for the project, and personal property or services the value of which shall be determined by the Administrator. "(c) There is authorized to be appropriated $20,000,000 to carry Appropriation. out the provisions of subsections (a) and (b) of this section, which sum shall be available until expended. " ( d ) ( 1 ) I n recognition of the serious conditions which exist in Lake Erie demonstration Lake Erie, the Secretary of the Army, acting through the Chief of program. Engineers, is directed to design and develop a demonstration waste water management program for the rehabilitation and environmental repair of Lake Erie. Prior to the initiation of detailed engineering and design, the program, along with the specific recommendations of the Chief of Engineers, and recommendations for its financing, shall be submitted to the Congress for statutory approval. This authority is in addition to, and not in lieu of, other waste water studies aimed at eliminating pollution emanating from select sources around Lake Erie. " (2) This program is to be developed in cooperation with the Envi- Alternative ronmental Protection Agency, other interested departments, agencies, systems. and instrumentalities of the Federal Government, and the States and their political subdivisions. This program shall set forth alternative systems for managing waste water on a regional basis and shall pro- vide local and State governments with a range of choice as to the type of system to be used for the treatment of waste water. These alterna- tive s j ^ e m s shall include both advanced waste treatment technology and land disposal systems including aerated treatment-spray irrigation technology and will also include provisions for the disposal of solid wastes, including sludge. Such program should include measures to control point sources of pollution, area sources of pollution, including acid-mine drainage, urban runoff and rural runoff, and in place sources of pollution, including bottom loads, sludge banks, and polluted harbor dredgings. "(e) There is authorized to be appropriated $5,000,000 to c a n y out Appropriation. the provisions of subsection (d) of this section, which sum shall be available until expended. TRAINING GRANTS AND CONTRACTS "SEC. 109. (a) The Administrator is authorized to make grants to or contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strength- ening, improving, or carrying out programs or projects for the prepa- ration of undergraduate students to enter an occupation which involves the design, operation, and maintenance of treatment works, and other facilities whose purpose is water quality control. Such grants or con- tracts may include payment of all or part of the cost of programs or projects such as— " (A) planning for the development or expansion of programs or projects for training persons in the operation and maintenance of treatment works ; " ( B ) training and retraining of faculty members; " ( C ) conduct of short-term or regular session institutes for study by persons engaged in, or preparing to engage in, the preparation of students preparing to enter an occupation involv- ing the operation and maintenance of treatment works;
830 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. " ( D ) carrying out innovative and experimental programs of cooperative education involving alternate periods of full-time or part-time academic study at the institution and periods of full- time or part-time employment involving the operation and main- tenance of treatment works; and " ( E ) research into, and development of, methods of training students or faculty, including the preparation of teaching ma- terials and the planning of curriculum. "(b) (1) The Administrator may pay 100 per centum of any addi- tional cost of construction of a treatment works required for a facility to train and upgrade waste treatment works operation and mainte- nance personnel. "(2) The Administrator shall make no more than one grant for such additional construction in any State (to serve a group of States, where, in his judgment, efficient training programs require multi- State programs), and shall make such grant after consultation with and approval by the State or States on the basis of (A) the suitability of such facility for training operation and maintenance personnel for treatment works throughout such State or States; and (B) a commit- ment by the State agency or agencies to carry out at such facility a program of training approved by the Administrator. Limitation. "(3) The Administrator may make such grant out of the sums allocated to a State under section 205 of this Act, except that in no event shall the Federal cost of any such training facilities exceed $250,000. "APPLICATION" FOR TRAINING G R A N T OR CONTRACT ; ALLOCATION OF GRANTS OR CONTRACTS " S E C 110. (1) A grant or contract authorized by section 109 may be made only upon application to the Administrator at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it— " ( A ) sets forth programs, activities, research, or development for which a grant is authorized under section 109 and describes the relation to any program set forth by the applicant in an ap- plication, if any, submitted pursuant to section 111; " ( B ) provides such fiscal control and fund accounting proce- dures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section; and " ( C ) provides for making such reports, in such form and con- taining such information, as the Administrator may require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Administrator may find necessary to assure the correctness and verification of such reports. "(2) The Administrator shall allocate grants or contracts under section 109 in such manner as will most nearly provide an equitable distribution of the grants or contracts throughout the United States among institutions of higher education which show promise of being able to use funds effectively for the purpose of this section. " (3) (A) Payment under this section may be used in accordance with regulations of the Administrator, and subject to the terms and condi- tions set forth in an application approved under paragraph (1), to pay part of the compensation of students employed in connection with the operation and maintenance of treatment works, other than as an employee in connection with the operation and maintenance of treat-
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 831 ment works or as an employee in any branch of the Government of the United States, as part of a program for which a grant has been approved pursuant to this section. " ( B ) Departments and agencies of the United States are encour- aged, to the extent consistent with efficient administration, to enter into arrangements with institutions of higher education for the full- time, part-time, or temporary employment, whether in the competi- tive or excepted service, of students enrolled in programs set forth in applications approved under paragraph (1). "AWARD OF SCHOLARSHIPS "SEC. 111. (1) The Administrator is authorized to award scholar- ships in accordance with the provisions of this section for undergradu- ate study by persons who plan to enter an occupation involving the operation and maintenance of treatment works. Such scholarships shall be awarded for such periods as the Administrator may determine but not to exceed four academic years. "(2) The Administrator shall allocate scholarships under this sec- tion among institutions of higher education with programs approved under the provisions of this section for the use of individuals accepted into such programs, in such manner and according to such plan as will insofar as practicable— " ( A ) provide an equitable distribution of such scholarships throughout the United States; and " ( B ) attract recent graduates of secondary schools to enter an occupation involving the operation and maintenance of treatment works. "(3) The Administrator shall approve a program of any institu- tion of higher education for the purposes of this section only upon application by the institution and only upon his finding— " ( A ) that such program has a principal objective the educa- tion and training of persons in the operation and maintenance of treatment works; " ( B ) that such program is in effect and of high quality, or can be readily put into effect and may reasonably be expected to be of high quality; " ( C ) that the application describes the relation of such pro- gram to any program, activity, research, or development set forth by the applicant in an application, if any, submitted pursuant to section 110 of this Act; and " ( D ) that the application contains satisfactory assurances that (i) the institution will recommend to the Administrator for the award of scholarships under this section, for study in such pro- gram, only persons who have demonstrated to the satisfaction of the institution a serious intent, upon completing the program, to enter an occupation involving the operation and maintenance of treatment works, and (ii) the institution will make reasonable continuing efforts to encourage recipients of scholarships under this section, enrolled in such program, to enter occupations involv- ing the operation and maintenance of treatment works upon completing the program. "(4) (A) The Administrator shall p?ij to persons awarded scholar- ships under this section such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs.
832 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. " ( B ) The Administrator shall (in addition to the stipends paid to persons under paragraph (1)) pay to the institution of higher educa- tion at which such person is pursuing his course of study such amount as he may determine to be consistent with prevailing practices under comparable federally supported programs. "(5) A person awarded a scholarship under the provisions of this section shall continue to receive the payments provided in this section only during such periods as the Administrator finds that he is main- taining satisfactory proficiency and devoting full time to study or research in the field in which such scholarship was awarded in an institution of higher education, and is not engaging in gainful employment other than employment approved by the Administrator by or pursuant to regulation. Regulations. "(6) The Administrator shall by regulation provide that any per- son awarded a scholarship under this section shall agree in writing to enter and remain in an occupation involving the design, operation, or maintenance of treatment works for such period after completion of his course of studies as the Administrator determines appropriate. "DEFINITIONS AND AUTHORIZATIONS "SEC. 112. (a) As used in sections 109 through 112 of this Act— "(1) The term 'institution of higher education' means an educa- tional institution described in the first sentence of section 1201 of the 79 Stat. 1269; Higher Education Act of 1965 (other than an institution of any agency 82 Stat. 1042, 1050. of the United States) which is accredited by a nationally recognized 20 u s e 1141. accrediting agency or association approved by the Administrator for this purpose. F o r purposes of this subsection, the Administrator shall publish a list of nationally recognized accrediting agencies or associ- ations which he determines to be reliable authority as to the quality of training offered. "(2) The term 'academic year' means an academic year or its equiv- alent, as detennined by the Administrator. Annual report. "(b) The Administrator shall annually report his activities under sections 109 through 112 of this Act, including recommendations for needed revisions in the provisions thereof. "(c) There are authorized to be appropriated $25,000,000 per fiscal year for the fiscal years ending June 30, 1973, and June 30, 1974, to carry out sections 109 through 112 of this Act. ALASKA VILLAGE DEMONSTRATION PROJECTS "SEC. 113. (a) The Administrator is authorized to enter into agree- ments with the State of Alaska to carry out one or more projects to demonstrate methods to provide for central community facilities for safe water and elimination or control of pollution in those native villages of Alaska without such facilities. Such project shall include provisions for community safe water supply svstems, toilets, bathing and laundry facilities, sewage disposal facilities, and other similar facilities, and educational and informational facilities and programs relating to health and hygiene. Such demonstration projects shall be for the further purpose of developing preliminary plans for provid- ing such safe water and such elimination or control of pollution for all native villages in such State. HEW, coopera- "(b) I n carrying out this section the Administrator shall cooperate tion. with the Secretary of Health, Education, and "Welfare for the purpose of utilizing such of the personnel and facilities of that Department as may be appropriate.
86 STAT.] PUBLIC LAW 92-500-OCT. 18,1972 833 "(c) The Administrator shall report to Congress not later than Report to Con- gress. July 1, 1973, the results of the demonstration projects authorized by this section together with his recommendations, including any neces- sary legislation, relating to the establishment of a statewide program. " ( d ) There is authorized to be appropriated not to exceed $2,000,000 Appropriation. to carry out this section. "LAKE TAIIOE STUDY "SEC. 114. (a) The Administrator, in consultation with the Tahoe Regional Planning Agencj', the Secretary of Agriculture, other Fed- eral agencies, representatives of State and local governments, and members of the public, shall conduct a thorough and complete study on the adequacy of and need for extending Federal oversight and control in order to preserve the fragile ecology of Lake Tahoe. "(b) Such study shall include an examination of the interrelation- ships and responsibilities of the various agencies of the Federal Gov- ernment and State and local governments with a view to establishing the necessity for redefinition of legal and other arrangements between these various governments, and making specific legislative recommen- dations to Congress. Such study shall consider the effect of various actions in terms of their environmental impact on the Tahoe Basin, treated as an ecosystem. " (c) The Administrator shall report on such study to Congress not Report to Con- gress. later than one year after the date of enactment of this subsection. " (d) There is authorized to be appropriated to carry out this section Appropriation. not to exceed $500,000. a I N - P L A C E TOXIC POLLUTANTS "SEC. 115. The Administrator is directed to identify the location of in-place pollutants with emphasis on toxic pollutants in harbors and navigable waterways and is authorized, acting through the Secretary of the Army, to make contracts for the removal and appropriate dis- posal of such materials from critical port and harbor areas. There is Appropriation. authorized to be appropriated $15,000,000 to carry out the provisions of this section, which sum shall be available until expended. " T I T L E II—GRANTS F O R CONSTRUCTION OF TREATMENT WORKS "PURPOSE "SEC. 201. (a) I t is the purpose of this title to require and to assist the development and implementation of waste treatment management plans and practices which will achieve the goals of this Act. "(b) Waste treatment management plans and practices shall provide for the application of the best practicable waste treatment technology before any discharge into receiving waters, including reclaiming and recycling of water, and confined disposal of pollutants so they will not migrate to cause water or other environmental pollution and shall pro- vide for consideration of advanced waste treatment techniques. "(c) To the extent practicable, waste treatment management shall be on an area wide basis and provide control or treatment of all point and nonpoint sources of pollution, including in place or accumulated pol- lution sources. " ( d ) The Administrator shall encourage waste treatment manage- ment which results in the construction of revenue producing facilities providing for—
834 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. •'(1) the recycling of potential sewage pollutants through the production of agriculture, silviculture, or aquaculture products, or any combination thereof; "(2) the confined and contained disposal of pollutants not recycled ; " (3) the reclamation of wastewater; and "(4) the ultimate disposal of sludge in a manner that will not result in environmental hazards. "(e) The Administrator shall encourage waste treatment manage- ment which results in integrating facilities for sewage treatment and recycling with facilities to treat, dispose of, or utilize other industrial and municipal wastes, including but not limited to solid waste and waste heat and thermal discharges. Such integrated facilities shall be designed and operated to produce revenues in excess of capital and operation and maintenance costs and such revenues shall be used by the designated regional management agency to aid in financing other environmental improvement programs. "(f) The Administrator shall encourage waste treatment manage- ment which combines 'open space' and recreational considerations with such management. " ( g ) (1) The Administrator is authorized to make grants to any State, municipality, or intermunicipal or interstate agency for the construction of publicly owned treatment works. Conditions. "(2) The Administrator shall not make grants from funds author- ized for any fiscal year beginning after June 30, 1974, to any State, municipality, or intermunicipal or interstate agency for the erection, building, acquisition, alteration, remodeling, improvement, or exten- sion of treatment works unless the grant applicant has satisfactorily demonstrated to the Administrator that— " (A) alternative waste management techniques have been stud- ied and evaluated and the works proposed for grant assistance will provide for the application of the best practicable waste treatment technology over the life of the works consistent with the purposes of this title; and " ( B ) as appropriate, the works proposed for grant assistance will take into account and allow to the extent practicable the application of technology at a later date which will provide for the reclaiming or recycling of water or otherwise eliminate the discharge of pollutants. "(3) The Administrator shall not approve any grant after July 1, 1973, for treatment works under this section unless the applicant shows to the satisfaction of the Administrator that each sewer collection system dischai'ging into such treatment works is not subject to excessive infiltration. " (4) The Administrator is authorized to make grants to applicants for treatment works grants under this section for such sewer system evaluation studies as may be necessary to carry out the requirements of paragraph (3) of this subsection. Such grants shall be made in accordance with rules and regulations promulgated by the Adminis- Rules and trator. Initial rules and regulations shall be promulgated vmder this regulations. paragraph not later than 120 days after the date of enactment of the Ante, p . 816. Federal Water Pollution Control Act Amendments of 1972. a FEDERAL SHARE "SEC. 202. (a) The amount of any grant for treatment works made under this Act from funds authorized for any fiscal year beginning after June 30, 1971, shall be 75 per centum of the cost of construction
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 835 thereof (as approved by the Administrator). Any grant (other than for reimbursement) made prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 from any funds Ante, p. si6. authorized for any fiscal year beginning after June 30, 1971, shall, upon the request of the applicant, be increased to the applicable per- centage under this section. "(b) The amount of the grant for any project approved by the Administrator after January 1, 1971, and before July 1,1971, for the construction of treatment works, the actual erection, building or acquisition of which was not commenced prior to July 1, 1971, shall, upon the request of the applicant, be increased to the applicable per- centage under subsection (a) of this section for grants for treatment works from funds for fiscal years beginning after June 30, 1971, with respect to the cost of such actual erection, building, or acquisition. Such increased amount shall be paid from any funds allocated to the State in which the treatment works is located without regard to the fiscal year for which such funds were authorized. Such increased amount shall be paid for such project only if— " (1) a sewage collection system that is a part of the same total waste treatment system as the treatment works for which such grant was approved is under construction or is to be constructed for use in conjunction with such treatment works, and if the cost of such sewage collection system exceeds the cost of such treatment works, and "(2) the State water pollution control agency or other appro- priate State authority certifies that the quantity of availaljle ground water will be insufficient, inadequate, or unsuitable for public use, including the ecological preservation and recreational use of surface water bodies, unless effluents from publicly-owned treatment works after adequate treatment are returned to the ground water consistent with acceptable technological standards. "PLANS, SPECIFICATIONS, ESTIMATES, AND PAYMENTS "SEC. 203. (a) Each applicant for a grant shall submit to the Administrator for his approval, plans, specifications, and estimates for each proposed project for the construction of treatment works for which a grant is applied for under section 201(g)(1) from funds allotted to the State under section 205 and which otherwise meets the requirements of this Act. The Administrator shall act upon such plans, specifications, and estimates as soon as practicable after the same have been submitted, and his approval of any such plans, specifications, and . estimates shall be deemed a contractual obligation of the United States for the payment of its proportional contribution to such project. "(b) The Administrator shall, from time to time as the work pro- gresses, make payments to the recipient of a grant for costs of con- struction incurred on a project. These payments shall at no time exceed Limitation, the Federal share of the cost of construction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such con- struction in conformity to plans and specifications for the project. "(c) After completion of a project and approval of the final voucher by the Administrator, he shall pay out of the appropriate sums the unpaid balance of the Federal share payable on account of such project. "LIMITATIONS AND CONDITIONS "SEC. 204. (a) Before approving grants for any project for any treatment works under section 201 ( g ) ( 1 ) the Administrator shall determine—
836 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. •'(1) that such works are included in any applicable area wide waste treatment management plan developed under section 208 of this Act; "(2) that such works are in comformity with any applicable State plan under section .303 (e) of this Act; "(3) that such works have been certified by the appropriate State water pollution control agency as entitled to priority over such other works in the State in accordance with any applicable State plan under section 303 (e) of this Act; " (4) that the applicant proposing to construct such works agrees to pay the non-Federal costs of such w^orks and has made ade- quate provisions satisfactory to the Administrator for assuring proper and efficient operation, including the employment of trained management and operations personnel, and the mainte- nance of such works in accordance with a plan of operation approved by the State water pollution control agency or, as appropriate, the interstate agency, after construction thereof; (5) that the size and capacity of such works relate directly to the needs to be served by such works, including sufficient reserve capacity. The amount of reserve capacity provided shall be approved by the Administrator on the basis of a comparison of the cost of constructing such reserves as a part of the works to be funded and the anticipated cost of providing expanded capacity at a date when such capacity will be required; " (6) that no specification for bids in connection with such works shall be written m such a manner as to contain proprietary, exclu- sionary, or discriminatory requirements other than those based upon performance, unless such requirements are necessary to test or demonstrate a specific thing or to provide for necessary inter- changeability of parts and equipment, or at least two bran(i names or trade names of comparable quality or utility are listed and are followed by the words'or equal'. " ( b ) ( 1 ) Notwithstanding any other provision of this title, the Administrator shall not approve any grant for any treatment works under section 201 (g) (1) after March 1,1973, unless he shall first have determined that the applicant (A) has adopted or will adopt a system of charges to assure that each recipient of waste treatment services within the applicant's jurisdiction, as determined by the Adminis- trator, will pay its proportionate share of the costs of operation and maintenance (including replacement) of any waste treatment services provided by the applicant; (B) has made provision for the payment to such applicant by the industrial users of the treatment works, of that portion of the cost of construction of such treatment works (as determined by the Administrator) which is allocable to the treatment of such industrial wastes to the extent attributable to the Federal share of the cost of construction; and (C) has legal, institutional, managerial, and financial capability to insure adequate construction, operation, and maintenance of treatment works throughout the appli- cant's jurisdiction, as determined by the Administrator. "(2) The Administrator shall, within one hundred and eighty days after the date of enactment of the Federal Water Pollution Control Ante, p. 816. ^^^^ Amendments of 1972, and after consultation with appropriate State, interstate, municipal, and intermunicipal agencies, issue guide- lines applicable to payment of waste treatment costs by industrial and nonindustrial recipients of waste treatment services which shall establish (A) classes of users of such services, including categories of industrial users; (B) criteria against which to determine the adequacy of charges imposed on classes and categories of users reflecting all
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 837 factors that influence the cost of waste treatment, including strength, volume, and delivery flow rate characteristics of waste; and (C) model systems and rates of user charges typical of various treatment works serving municipal-industrial communities. "(3) The grantee shall retain an amount of the revenues derived from the payment of costs by industrial users of waste treatment services, to the extent costs are attributable to the Federal share of eligible project costs provided pursuant to this title as determined by the Administrator, equal to (A) the amount of the non-Federal cost of such project paid by the grantee plus (B) the amount, determined in accordance with regulations promulgated by the Administrator, necessary for future expansion and reconstruction of the project, except that such retained amount shall not exceed 50 per centum of such revenues from such project. All revenues from such project not retained by the grantee shall be deposited by the Administrator in the Treasury as miscellaneous receipts. That portion of the revenues retained by the grantee attributable to clause (B) of the first sentence of this paragraph, together with any interest thereon shall be used , solely for the purposes of future expansion and reconstruction of the project. "(4) Approval by the Administrator of a grant to an interstate agency established by interstate compact for any treatment works shall satisfy any other requirement that such works be authorized by Act of Congress. "ALLOTMENT "SEC. 205. (a) Sums authorized to be appropriated pursuant to sec- tion 207 for each fiscal year beginning after June 30, 1972, shall be allotted by the Administrator not later than the January 1st imme- diately preceding the beginning of the fiscal year for which authorized, except that the allotment for fiscal year 1973 shall be made not later than 30 days after the date of enactment of the Federal Water Pollu- tion Control Act Amendments of 1972. Such sums shall be allotted among the States by the Administrator in accordance with regulations promulgated by him, in the ratio that the estimated cost of construct- ing all needed publicly owned treatment works in each State bears to the estimated cost of construction of all needed publicly owned treat- ment works in all of the States. For the fiscal years ending June 30, 1973, and June 30, 1974, such ratio shall be determined on the basis of table I I I of House Public Works Committee Print No. 92-50. Allot- ments for fiscal years which begin after the fiscal year ending June 30, ro.;. .;. i 1974, shall be made only in accordance M^ith a revised cost estimate made and submitted to Congress in accordance with section 516(b) of this Act and only after such revised cost estimate shall have been approved by law specifically enacted hereafter. " ( b ) ( 1 ) Any sums allotted to a State under subsection (a) shall be available for obligation under section 203 on and after the date of such allotment. Such sums shall continue available for obligation in such State for a period of one year after the close of the fiscal year for which such sums are authorized. Any amounts so allotted which are not obligated by the end of such one-year period shall be imme- diately reallotted by the Administrator, in accordance with regulations promulgated by him, generally on the basis of the ratio used in making the last allotment of sums under this section. Such reallotted sums shall be added to the last allotments made to the States. Any sum made available to a State by reallotment under this subsection shall be in addition to any funds otherwise allotted to such State for grants under this title during any fiscal year.
838 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "(2) Any sums which have been obligated under section 203 and which are released by the payment of the final voucher for the project shall be immediately credited to the State to which such sums were last allotted. Such released sums shall be added to the amounts last allotted to such State and shall be immediately available for obligation in the same manner and to the same extent as such last allotment. "REIMBURSEMENT AND ADVANCED CONSTRUCTION "SEC. 206. (a) Any publicly owned treatment works in a State on which construction was initiated after June 30, 1966, but before July 1, 1972, which was approved by the appropriate State water pollu- tion control agency and which the Administrator finds meets the requirements of section 8 of this Act in effect at the time of the initia- tion of construction shall be reimbursed a total amount equal to the difference between the amount of Federal financial assistance, if any, received under such section 8 for such project and 50 per centum of the cost of such project, or 55 per centum of the project cost where the Administrator also determines that such treatment works was con- structed in conformity with a comprehensive metropolitan treatment plan as described in section 8(f) of the Federal Water Pollution 33 use n*5^8 Control Act as in effect immediately prior to the date of enactment of Ante, p. 816.' the Federal Water Pollution Control Act Amendments of 1972. Nothing in this subsection shall result in any such w^orks receiving Federal grants from all sources in excess of 80 per centum of the cost of such project. "(b) Any publicly owned treatment works constructed with or eligible for Federal financial assistance under this Act in a State between June 30,1956, and June 30, 1966, which was approved by the State water pollution control agency and which the Administrator finds meets the requirements of section 8 of this Act prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 but which was constructed without assistance under such section 8 or which received such assistance in an amount less than 30 per centum of the cost of such project shall qualify for payments and reimbursement of State or local funds used for such project from sums allocated to such State under this section in an amount which shall not exceed the difference between the amount of such assistance, if any, received for such project and 30 per centum of the cost of such project. Application. "^c) No pubHcly owncd treatment works shall receive any payment or reimbursement under subsection (a) or (b) of this section unless an application for such assistance is filed with the Administrator within the one year period w^hich begins on the date of enactment of the Fed- eral Water Pollution Control Act Amendments of 1972. Any appli- cation filed within such one year period may be revised from time to time, as may be necessary. " ( d ) The Administrator shall allocate to each qualified project under subsection (a) of this section each fiscal year for which funds are appropriated under subsection (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement due such project as the total of such funds for such year bears to the total unpaid balance of reimbursement due all such approved projects on the date of enactment of such appropriation. The Administrator shall allocate to each qualified project under subsection (b) of this section each fiscal year for which funds are appropriated under subsection (e) of this section an amount which bears the same ratio to the unpaid lia 1 ance of the reimbursement due such project as the total of such funds
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 839 for such year bears to tlie total unpaid balance of reimbursement due all such approved projects on the date of enactment of such appropriation. "(e) There is authorized to be appropriated to carry out subsection Appropriation. (a) of this section not to exceed $2,000,000,000 and, to carry out sub- section (b) of this section, not to exceed $750,000,000. The authoriza- tions contained in this subsection shall be the sole source of funds for reimbursements authorized by this section. "(f) (1) I n any case where all funds allotted to a State under this title have been obligated under section 203 of this Act, and there is construction of any treatment works project without the aid of Federal funds and in accordance with all procedures and all requirements applicable to treatment works projects, except those procedures and requirements which limit construction of projects to those constructed with the aid of previously allotted Federal funds, the Administrator, upon his approval of an application made under this subsection there- for, is authorized to pay the Federal share of the cost of construction , ; . of such project when additional funds are allotted to the State under this title if prior to the construction of the project the Administrator approves plans, specifications, and estimates therefor in the same manner as other treatment works projects. The Administrator may not approve an application under this subsection unless an authoriza- * ,. tion is in effect for the future fiscal year for which the application requests payment, which authorization will insure such payment with- out exceeding the State's expected allotment from such authorization. "(2) I n determining the allotment for any fiscal year under this title, any treatment works project constructed in accordance with this section and without the aid of Federal funds shall not be considered completed until an application under the provisions of this subsection • with respect to such project has been approved by the Administrator, or the availability of funds from which this project is eligible for reimbursement has expired, whichever first occurs. "AUTHORIZATIOISr "SEC. 207. There is authorized to be appropriated to carry out this title, other than sections 208 and 209, for the fiscal year ending June 30, 1973, not to exceed $5,000,000,000, for the fiscal year ending June 30, ; 1974, not to exceed $6,000,000,000, and for the fiscal year ending June 30,1975, not to exceed $7,000,000,000. "AREAWIDE WASTE TREATMENT MANAGEMENT "SEC. 208. (a) For the purpose of encouraging and facilitating the development and implementation of areawide waste treatment man- agement plans— "(1) The Administrator, within ninetv davs after the date of Guidelines, enactment ot this Act and alter consultation with appropriate p u b l i c a t i o n . Federal, State, and local authorities, shall by regulation publish guidelines for the identification of those areas which, as a result of urban-industrial concentrations or other factors, have sub- stantial water quality control problems. "(2) The Governor of each State, within sixty days after Boundaries; publication of the guidelines issued pursuant to paragraph (1) pi^""^"^ agencie of this subsection, shall identify each area within the State which, as a result of urban-industrial concentrations or other factors, has substantial water quality control problems. Not later than one hundred and twenty days following such identification and after consultation with appropriate elected and other officials of local 82-081 O - 73 - 56
840 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. governments having jurisdiction in such areas, the Governor shall designate (A) the boundaries of each such area, and (B) a single representative organization, including elected officials from local governments or their designees, capable of developing effective areawide waste treatment management plans for such area. The Governor may in the same manner at any later time identify any additional area (or modify an existing area) for which he deter- mines areawide waste treatment management to be appropriate, designate the boundaries of such area, and designate an organiza- tion capable of developing effective areawide waste treatment management plans for such area. "(3) With respect to any area which, pursuant to the guide- lines published under paragraph (1) of this subsection, is located in two or more States, the Governors of the respective States shall consult and cooperate in carrying out the provisions of para- graph (2), with a view toward designating the boundaries of the interstate area having common water quality control problems and for which areawide waste treatment management plans would be most effective, and toward designating, within one hundred and eighty days after publication of guidelines issued pursuant to paragraph (1) of this subsection, of a single representative organization capable of developing effective areawide waste treat- ment management plans for such area. " (4) If a Governor does not act, either by designating or deter- mining not to make a designation under paragraph (2) of this subsection, within the time required by such paragraph, or if, in the case of an interstate area, the Governors of the States involved do not designate a planning organization within the time required by paragraph (3) of this subsection, the chief elected officials of local governments within an area may by agreement designate (A) the boundaries for such an area, and (B) a single representa- tive organization including elected officials from such local gov- ernments, or their designees, capable of developing an areawide waste treatment management plan for such area. " (5) Existing regional agencies may be designated under para- graphs (2), (3), and (4) of this subsection. "(6) The State shall act as a planning agency for all portions of such State which are not designated under paragraphs (2), (3), or (4) of this subsection. "(7) Designations under this subsection shall be subject to the approval of the Administrator. Waste treatment n ^^y"^ ^i^ I^S^Q^ j^ter than oue year after the date of designation of any planning process. Organization under subsection (a) of this section such organization shall have in operation a continuing areawide waste treatment man- agement planning process consistent with section 201 of this Act. Plans prepared in accordance with this process shall contain alternatives for waste treatment management, and be applicable to all wastes gen- erated within the area involved. The initial plan prepared in accord- ance with such process shall be certified by the Governor and submitted to the Administrator not later than two years after the planning proc- ess is in operation. " (2) Any plan prepared under such process shall include, but not be limited to— " ( A ) the identification of treatment works necessary to meet the anticipated municipal and industrial waste treatment needs of the area over a twenty-year period, annually updated (including an analysis of alternative waste treatment systems), including any requirements for the acquisition of land for treatment pur-
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 841 poses; tlie necessary waste water collection and urban storm water runoff systems; and a program to provide the necessary financial arrangements for the development of such treatment works; " ( B ) the establishment of construction priorities for such treat- ment works and time schedules for the initiation and completion of all treatment works; " ( C ) the establishment of a regulatory program to— " ( i ) implement the waste treatment management require- ments of section 201(c), "(ii) regulate the location, modification, and construction of any facilities within such area which may result in any discharge in such area, and "(iii) assure that any industrial or commercial wastes dis- charged into any treatment works in such area meet applicable pretreatment requirements; " ( D ) the identification of thos4 agencies necessary to construct, operate, and maintain all facilities required by the plan and otherwise to carry out the plan; " ( E ) the identification of the measures necessary to carry out the plan (including financing), the period of time necessary to carry out the plan, the costs of carrying out the plan within such time, and the economic, social, and environmental impact of carrying out the plan within such time; " ( F ) a process to (i) identify, if appropriate, agriculturally and silviculturally related nonpoint sources of pollution, includ- ing runoff from manure disposal areas, and from land used for livestock and crop production, and (ii) set forth procedures and methods (including land use requirements) to control to the extent feasible such sources; " ( G ) a process to (i) identify, if appropriate, mine-related sources of pollution including new, current, and abandoned sur- face and underground mine runoff, and (ii) set forth procedures and methods (including land use requirements) to control to the extent feasible such sources j " ( H ) a process to (i) identify construction activity related sources of pollution, and (ii) set forth procedures and methods (including land use requirements) to control to the extent feasible such sources; " ( I ) a process to (i) identify, if appropriate, salt water intru- sion into rivers, lakes, and estuaries resulting from reduction of fresh water flow from any cause, including irrigation, obstruction, ground water extraction, and diversion, and (ii) set forth pro- cedures and methods to control such intrusion to the extent feasi- ble where such procedures and methods are otherwise a part of the waste treatment management plan; " ( J ) a process to control the disposition of all residual waste generated in such area which could affect water quality; and -•" " (K) a process to control the disposal of pollutants on land or in subsurface excavations within such area to protect ground and surface water quality. " (3) Area wide waste treatment management plans shall be certified Annual certifi- annually by the Governor or his designee (or Governors or their des- "^^^ °"' ignees, where more than one State is involved) as being consistent with applicable basin plans and such areawide waste treatment man- agement plans shall be submitted to the Administrator for his approval. "(4) Whenever the Governor of any State determines (and notifies the Administrator) that consistency with a statewide regulatory pro- gram under section 303 so requires, the requirements of clauses ( F ) ^°*'' P- 846.
842 PUBLIC LAW 92-500~OCT. 18, 1972 [86 STAT. • tlirougli (K) of paragraph (2) of this subsection shall be develoi3ed and submitted by the Governor to the Administrator for application to all regions within such State. ^ Regional " (c) (1) Thc Govemor of each State, in consultation with the plan- c i e s designation, ning agency designated under subsection (a) of this section, at the time a plan is submitted to the Administrator, shall designate one or more waste treatment management agencies (which may be an exist- ing or newly created local, regional, or State agency or political sub- division) for each area designated under subsection (a) of this section and submit such designations to the Administrator. "(2) The Administrator shall accept any such designation, unless, within 120 days of such designation, he finds that the designated man- agement agency (or agencies) does not have adequate authority— " ( A ) to carry out appropriate portions of an area wide waste treatment management plan developed under subsection (b) of this section; " ( B ) to manage effectively waste treatment works and related facilities serving such area in conformance Avith any plan re- (^uired by subsection (b) of this section; " ( C ) directly or by contract, to design and construct new works, and to operate and maintain new and existing works as required by any plan developed pursuant to subsection (b) of this section; " ( D ) to accept and utilize grants, or other funds from an;v source, for waste treatment management purposes; " (E) to raise revenues, including the assessment of waste treat- ment charges; " ( F ) to incur short- and long-term indebtedness; " ( G ) to assure in implementation of an areawide waste treat- ment management plan that each participating community pays its proportionate share of treatment costs; " ( H ) to refuse to receive any wastes from any municipality or subdivision thereof, which does not comply with any provisions of an approved plan under this section applicable to such area; and " ( I ) to accept for treatment industrial wastes. "(d) After a waste treatment management agency having the ' authority required by subsection (c) has been designated under such subsection for an area and a plan for such area has been approved under subsection (b) of this section, the Administrator shall not make any grant for construction of a publicly owned treatment works under section 201(g) (1) within such area except to such designated agency and for works in conformity with such plan. " (e) No permit under section 402 of this Act shall be issued for any point source which is in conflict with a plan approved pursuant to sub- section (b) of this section. '^' "(f) (1) The Administrator shall make grants to any agency desig- nated under subsection (a) of this section for payment of the reason- able costs of developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section. "(2) The amount granted to any agency under paragraph (1) of this subsection shall be 100 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section for each of the fiscal yeai-s ending on June 30, 1973, June 30, 1974, and June 30, 1975, and shall not exceed 75 per centum of such costs in each succeeding fiscal year.
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 843 ''(3) Each applicant for a grant under this subsection shall submit to the Administrator for his approval each proposal for which a grant is applied for under this subsection. The Administrator shall act upon such proposal as soon as practicable after it has been submitted, and his approval of that proposal shall be deemed a contractual obligation of the United States for the payment of its contribu- tion to such proposal. There is authorizd to be appropriated to carry Appropriation. out this subsection not to exceed $50,000,000 for the fiscal year ending- June 30, 1973, not to exceed $100,000,000 for the fiscal year ending June 30, 1974, and not to exceed $150,000,000 for the fiscal year ending June 30,1975. Technical " (g) The Administrator is authorized, upon req^uest of the Governor assistance. or the designated planning agency, and without reimbursement, to con- sult with, and provide technical assistance to, any agency designated under subsection (a) of this section in the development of areawide waste treatment management plans under subsection (b) of tliis section, ''(h) (1) The Secretary of the Army, acting through the Chief of Engineers, in cooperation with the Administrator is authorized and directed, upon request of the Governor or the designated planning organization, to consult with, and provide technical assistance to, any agency designed under subsection (a) of this section in developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section. " (2) There is authorized to be appropriated to the Secretary of the Appropriation. Army, to carry out this subsection, not to exceed $50,000,000 per fiscal year for the fiscal years ending June 30, 1973, and June 30, 1974. a BASIN PLANNING "SEC. 209 (a) The President, acting through the Water Resources Council, shall, as soon as practicable, prepare a Level B plan under the Water Resources Planning Act for all basins in the LTnited States. All 79 Stat. 244. 42 u s e 1962 such plans shall be completed not later than January 1, 1980, except note. that priority in the preparation of such plans shall be given to those basins and portions thereof which are within those areas designated under paragraphs (2), (3), and (4) of subsection (a) of section 208 of this Act. ''(b) The President, acting through the Water Resources Council, to Annual report Congress. shall report annually to Congress on progress being made in carrying out this section. The first such report shall be submitted not later than January 31,1973. " (c) There is authorized to be appropriated to carry out this section Appropriation. not to exceed $200,000,000. " A N N U A L SURMilY "SEC. 210. The Administrator shall annually make a survey to detei'- mine the efficiency of the operation and maintenance of treatment works constructed with grants made under this Act, as compared to the effi- ciency planned at the time the grant was made. The results of such annual survey shall be included in the report required under sectio]i 516(a) of this Act. SEWAGE COLLECTION SYSTE3HS "SEC. 211. No grant shall be made for a sewage collection system under this title unless such grant (1) is for replacement or major reha- bilitation of an existing collection system and is necessary to the total integrity and performance of the waste treatment works servicing such
844 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. ommunity, or (2) is for a new collection system in an existing com- munity with sufficient existing or planned capacity adequately to treat such collected sewage and is consistent with section 201 of this Act. aDEFINITIONS "SEC. 212. As used in this title— "(1) The term'construction'means any one or more of the follow- ing: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investiga- tions or studies, surveys, designs, plans, working drawings, specifica- tions, procedures, or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items. " (2) (A) The term 'treatment works' means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 201 of this Act, or necessary to recycle or reuse water at the most eco- nomical cost over the estimated life of the works, including intercept- ing sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improve- ments, remodeling, additions, and alterations thereof; elements essen- tial to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. " ( B ) I n addition to the definition contained in subparagraph (A) of this paragraph, 'treatment works' means any other method or sys- tem for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sani- tary sewer systems. Any application for construction grants which includes wholly or in part such methods or systems shall, in accordance with guidelines published by the Administrator pursuant to subpara- graph (C) of this paragraph, contain adequate data and analysis demonstrating such proposal to be, over the life of such works, the most cost efficient alternative to comply with sections 301 or 302 of this Act, or the requirements of section 201 of this Act. Methods eyaiu- " ( C ) For the purposcs of subparagraph (B) of this paragraph, the pubUcluon!'"^^' Administrator shall, within one hundred and eighty days after the date of enactment of this title, publish and thereafter revise no less often than annually, guidelines for the evaluation of methods, including cost-effective analysis, described in subparagraph (B) of this paragraph. "(3) The term 'replacement' as used in this title means those expenditures for obtaining and installing equipment, accessories, or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which such works are designed and constructed. "TITLE III—STANDARDS AND ENFORCEMENT "EFFLUENT LIMITATIONS "SEC. 301. (a) Except as in compliance with this section and sec- tions 302, 306, 307, 318, 402, and 404 of this Act, the discharge of any pollutant by any person shall be unlawful. " ( b ) I n order to carry out the objective of this Act there shall be achieved—
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 845 " ( 1 ) ( A ) not later than July 1, 1977, effluent limitations for point sources, other than publicly owned treatment works, (i) which shall require the application of the best practicable control technology currently available as defined by the Administrator pursuant to section 304(b) of this Act, or (ii) in the case of a dis- charge into a publicly owned treatment works which meets the requirements of subparagraph (B) of this paragraph, which shall require compliance with any applicable pretreatment requirements and any requirements under section 307 of this Act; and " ( B ) for publicly owned treatment works in existence on July 1, 1977, or approved pursuant to section 203 of this Act prior to June 30,1974 (for which construction must be completed within four years of approval), effluent limitations based upon secondary treatment as defined by the Administrator pursuant to section 304(d)(1) of this Act; or, " ( C ) not later than July 1,1977, any more stringent limitation, including those necessary to meet water quality standards, treat- ment standards, or schedules of compliance, established pursuant to any State law or regulations (under authority preserved by sec- tion 510) or any other Federal law or regulation, or required to ^°^'' P- ^^^ implement any applicable water quality standard established pur- suant to this Act. "(2) (A) not later than July 1, 1983, effluent limitations for categories and classes of point sources, other than publicly owned treatment works, M'hich (i) shall require application of the best available technology economically achievable for such category or class, which will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants, as determined in accordance with regulations issued by the Admin- istrator pursuant to section 304(b)(2) of this Act, which such effluent limitations shall require the elimination of discharges of all pollutants if the Administrator finds, on the basis of informa- tion available to him (including information developed pursuant to section 315), that such elimination is technologically and eco- nomically achievable for a category or class of point sources as determined in accordance with regulations issued by the Adminis- trator pursuant to section 304(b) (2) of this Act, or (ii) in the case of the introduction of a pollutant into a publicly owned treatment works which meets the requirements of subparagraph (B) of this paragraph, shall require compliance with any applicable pretreat- ment requirements and any other requirement under section 307 of this Act; and " ( B ) not later than Julv 1, 1983, compliance by all publicly owned treatment works with the requirements set forth in sec- tion 201 (g) (2) (A) of this Act. " (c) The Administrator may modify the requirements of subsection ,.. < (b) (2) (A) of this section with respect to anv point source for which a permit application is filed after July 1, 1977, upon a showing by the owner or operator of such point source satisfactory to the Administra- tor that such modified requirements (1) will represent the maximum use of technology within the economic capability of the owner or operator; and (2) will result in reasonable further progress toward the elimination of the discharge of pollutants. " ( d ) Any effluent limitation required by paragraph (2) of subsec- tion (b) of this section shall be reviewed at least every five vears and, if appropriate, revised pursuant to the procedure established under such paraflrraph. "(e) Effluent limitations established pursuant to this section or sec- tion 302 of this Act shall be applied to all point sources of discharge of pollutants in accordance with the provisions of this Act.
846 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. *'(f) Notwithstanding any other provisions of this Act it shall be unlawful to discharge any radiological, chemical, or biological war- fare agent or high-level radioactive waste into the navigable waters. ' ' W A T E R Q U A L I T Y RELATED E F F L U E N T LIMITATIONS "SEC. 302. (a) Whenever, in the judgment of the Administrator, dis- charges of pollutants from a point source or group of point sources, w4th the application of effluent limitations required under section 301 (b) (2) of this Act, would interfere with the attainment or mainte- nance of that water quality in a specific portion of the navigable waters which shall assure protection of public water supplies, agricultural and industrial uses, and the protection and propagation of a balanced population of shellfish, fish and wildlife, and allow recreational activi- ties in and on the water, effluent limitations (including alternative effluent control strategies) for such point source or sources shall be established which can reasonably be expected to contribute to the attainment or maintenance of such water quality. Public hearing. " ( b ) ( 1 ) PrioT to establishment of auy cfflueut limitation puTsuaut to subsection (a) of this section, the Administrator shall issue notice of intent to establish such limitation and within ninety days of such notice hold a public hearing to determine the relationship of the eco- nomic and social costs of achieving any such limitation or limitations, including any economic or social dislocation in the affected community or communities, to the social and economic benefits to be obtained (including the attainment of the objective of this Act) and to deter- mine whether or not such effluent limitations can be implemented with available technology or other alternative control strategies. "(2) If a person affected by such limitation demonstrates at such hearing that (whether or not such technology or other alternative con- trol 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), such limitation shall not become effective and the Administrator shall adjust such limitation as it applies to such person. "(c) The establishment of effluent limitations under this section shall not o]>erate to delay the application of any effluent limitation estab- lished under section 301 of this Act. 'SVATER Q U A L I T Y STANDARDS AND I M P L E M E N T A T I O N PLANS "SEC. 303. (a) (1) In order to carry out the purpose of this Act, any water quality standard applicable to interstate waters which w^as adopted by any State and submitted to, and approved by, or is awaiting approval by, the Administrator pursuant to this Act as in effect imme- diately prior to the date of enactment of the Federal Water Pollu- Ante, p. 816. ^-^^^ Coutrol Act Amendments of 1972, shall remain in effect unless the Administrator- determined that such standard is not consistent with the applicable requirements of this Act as in effect immediately prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972. If the Administrator makes such a determina- tion he shall, within three months after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972, notify the State and specify the chans^es needed to meet such requirements. If such changes are not adopted by the State within ninety days after the date of such notification, the Administrator shall promulgate such changes in accordance with subsection (b) of this section.
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 847 "(2) Any State which, before the date of enactment of the Federal Water Pollution Control Act Amendments of 1972, has adopted, pur- Ante, p. 816. suant to its own law, water quality standards applicable to mtrastate waters shall submit such standards to the Administrator within thirty days after the date of enactment of the Federal Water Pollution Con- trol Act Amendments of 1972. Each such standard shall remain in effect, in the same manner and to the same extent as any other water quality standard established under this Act unless the Administrator determines that such standard is inconsistent with the applicable requirements of this Act as in effect immediately prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972. If the Administrator makes such a determination he shall not later than the one hundred and twentieth day after the date of sub- mission of such standards, notify the State and specify the changes needed to meet such requirements. If such changes are not adopted oy the State wdthin ninety days after such notification, the Administrator shall promulgate such changes in accordance with subsection (b) ol this section. "(3) (A) Any State which prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 has not adopted pursuant to its own laws water quality standards applicable to intrastate waters shall, not later than one hundred and eighty days after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972, adopt and submit such standards to the Administrator. " ( B ) If the Administrator determines that any such standards are consistent with the applicable requirements of this Act as in effect immediately prior to the date of enactment of the Federal Water Pol- lution Control Act Amendments of 1972, he shall approve such standards. " ( C ) If the Administrator determines that any such standards are not consistent with the applicable requirements of this Act as in effect immediately prior to the date of enactment of the Federal Water Pollu- tion Control Act Amendments of 1972, he shall, not later than the ninetieth day after the date of submission of such standards, notify the State and specify the changes to meet such requirements. If such changes are not adopted by the State within ninety days after the date of notification, the Administrator shall promulgate such standards pursuant to subsection (b) of this section. " ( b ) ( 1 ) The Administrator shall promptly prepare and publish Proposed regu- lations, publica- proposed regulations setting forth water quality standards for a State tion. m accordance with the applicable requirements of this Act as in effect immediately prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972, if— " ( A ) the State fails to submit water quality standards within the times prescribed in subsection (a) of this section, " ( B ) a water quality standard submitted by such State under subsection (a) of this section is determined by the Administrator not to be consistent with the applicable requirements of subsection (a) of this section. "(2) The Administrator shall promulgate any water quality stand- ard published in a proposed regulation not later than one hundred and ninety days after the date he publishes any such proposed standard, unless prior to such promulgation, such State has adopted a water quality standard which the Administrator determines to be in accord- ance with subsection (a) of this section. "(c) (1) The Governor of a State or the State water pollution con- trol agency of such State shall from time to time (but at least once each three year period beginning with the date of enactment of the
848 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. Ante, p . 816. Federal Water Pollution Control Act Amendments of 1972) hold public hearings for the purpose of reviewing applicable water quality standards and, as appropriate, modifying and adopting standards. Kesults of such review shall be made available to the A(hninistrator. Revised standards. "(2) Whenever the State revises or adopts a new standard, such revised or new standard shall be submitted to the Administrator. Such revised or new water quality standard shall consist of the designated uses of the navigable waters involved and the water quality criteria for such waters based upon such uses. Such standards shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this Act. Such standards shall be establi&hed taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricul- tural, industrial, and other purposes, and also taking into consid- eration their use and value for navigation. "(3) If the Administrator, within sixty days after the date of sub- mission of the revised or new standard, determines that such standard meets the requirements of this Act, such standard shall thereafter be the water quality standard for the applicable waters of that State. If the Administrator determines that any such revised or new stand- ard is not consistent with the applicable requirements of this Act, he shall not later than the ninetieth day after the date of submission of such standard notify the State and specify the changes to meet such requirements. If such changes are not adopted by the State withih ninety days after the date of notification, the Administrator shall promulgate such standard pursuant to paragraph (4) of this sub- section. Publication. "(4) The Administrator shall promptly prepare and publish pro- posed regulations setting forth a revised or new water quality stand- ard for the navigable waters involved— " ( A ) if a revised or new water quality standard submitted by such State under paragraph (3) of this subsection for such waters is determined by the Administrator not to be consistent with the applicable requirements of this Act, or " ( B ) in any case where the Administrator determines that a revised or new standard is necessary to meet the requirements of this Act. The Administrator shall promulgate any revised or new standard under this paragraph not later than ninety days after he publishes such proposed standards, unless prior to such promulgation, such State has adopted a revised or new water quality standard which the Admin- istrator determines to be in accordance with this Act. Insufficient ^' (d) (1) (A) Each State shall identify those waters within its bound- c o n t r o l s , area identification. aries for which the effluent limitations required by section 301(b) (1) (A) and section 301 (b) (1) (B) are not stringent enough to implement any water quality standard applicable to such waters. The State shall establish a priority ranking for such waters, taking into account the severity of the pollution and the uses to be made of such waters. " ( B ) Each State shall identify those waters or parts thereof within its boundaries for which controls on thermal discharges under section 301 are not stringent enough to assure protection and propagation of a balanced indigenous population of shellfish, fish, and wildlife. Maximum daily load. " ( C ) Each State shall establish for the waters identified in para- graph (1) (A) of this subsection, and in accordance with the priority ranking, the total maximum daily load, for those pollutants which the Administrator identifies under section 304(a) (2) as suitable for such calculation. Such load shall be established at a level necessary to implement the api)licable water quality standards with seasonal varia- tions and a margin of safety which takes into account any lack of
86 STAT. ] PUBLIC LAW 92-500-OCT. 18,1972 849 knowledge concerning the relationship beitween effluent limitations and water quality. "(D) Each State shall estimate for the waters identified in para- ^^'^/^irr^d*"^ graph (1)(B) of this subsection the total maximum daily thermal load required to assure protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife. Such estimates shall take into account the normal water temperatures^ flow rates, seasonal variations, existing sources of heat input, and the dissipative capacity of the identified waters or parts thereof. Such estimates shall include a calculation of the maximum heat input that can be made into each such part and shall include a margin of safety which takes into account any lack of knowledge concerning the development of thermal water quality criteria for such protection and propagation in the identified waters or parts thereof. "(2) Each State shall submit to the Administrator from time to time, with the first such submission not later than one hundred and eighty days after the date of publication of the first identification of pollutants under section 304(a) (2) (D), for his approval the waters identified and the loads established under paragraphs (1)(A), (1) (B), (1) (C), and (1) (D) of this subsection. The Administrator shall eitner approve or disapprove such identification and load not later than thirty days after the date of submission. If the Administrator approves such identification and load, such State shall incorporate them into its current plan under subsection (e) of this section. If the Administrator disapproves such identification and load, he shall not later than thirty days after the date of such disapproval identify such waters in such State and establish such loads for such waters as he determines necessary to implement the water quality standards applicable to such waters and upon such identification and establish- ment the State shall incorporate them into its current plan under subsection (e) of this section. "(3) For the specific purpose of developing information, each State shall identify all waters within its boundaries which it has not identified under paragraph (1) (A) and (1) (B) of this subsection and estimate for such waters the total maximum daily load with seasonal variations and margins of safety, for those pollutants which the Administrator identifies under section 304(a) (2) as suitable for such calculation and for thermal discharges, at a level that would assure protection and propagation of a balanced indigenous population of fish, shellfish and wildlife. "(e)(1) Each State shall have a continuing planning process continuing approved under paragraph (2) of this subsection which is consistent P^"""^"« procesn. with this Act. " (2) Each State shall submit not later than 120 days after the date of the enactment of the Water Pollution Control Amendments of 1972 to the Administrator for his approval a proposed continuing ^""»» P- sie. planning process which is consistent with this Act. Not later than thirty days after the date of submission of such a process the Admin- istrator shall either approve or disapprove such process. The Adminis- Review. trator shall from time to time review each State's approved planning process for the purpose of insuring that such planning process in at all times consistent with this Act. The Administrator shall not approve an^ State permit program under title IV of this Act for any State which does not have an approved continuing planning process under this section. "(3) The Administrator shall approve any continuing planning process submitted to him under this section which will result in plans for all navigable waters within such State, which include, but are not limited to, the following:
850 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. " ( A ) effluent limitations and schedules of compliance at least as stringent as those required by section 301(b)(1), section 301 ( b ) ( 2 ) , section 306, and section 307, and at least as stringent as any requirements contained in any applicable water quality standard in effect under authority of this section; " ( B ) the incorporation of all elements of any applicable area- wide waste management plans under section 208, and applicable basin plans under section 209 of this Act; " ( C ) total maximum daily load for pollutants in accordance with subsection (d) of this section; " ( D ) procedures for revision; " ( E ) adequate authority for intergovernmental cooperation; " ( F ) adequate implementation, including schedules of com' pliance, for revised or new water quality standards, under sub- section (c) of this section; " ( G ) controls over the disposition of all residual waste from any water treatment processing; " ( H ) an inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet the applicable requirements of sections 301 and 302. " ( f ) Nothing in this section shall be construed to affect any effluent limitation, or schedule of compliance required by any State to be implemented prior to the dates set forth in sections 301 (b) (1) and 301 ( b ) ( 2 ) nor to preclude any State from requiring compliance with any effluent limitation or schedule of compliance at dates earlier than such dates. Heat standards. " ( g ) Water quality standards relating to heat shall be consistent with the requirements of section 316 of this Act. "Water quality " (h) Foi* the purposes of this Act the tenii 'water quality standards' standards." includes thermal water quality standards. "INFORMATION AND GUIDELINES Water quality "SEC. 304. (a) (1) The Administrator, after consultation with appro- criteria publica- tion. priate Federal and State agencies and other interested persons, shall develop and publish, within one year after the date of enactment of this title (and from time to time thereafter revise) criteria for water quality accurately reflecting the latest scientific knowledge (A) on the kind and extent of all identifiable effects on health and welfare including, but not limited to, plankton, fish, shellfish, wildlife, plant life, shorelines, beaches, esthetics, and recreation which may be expected from the presence of pollutants in any body of water, including ground water; (B) on the concentration and dispersal of pollutants, or their 'byproducts, through biological, physical, and chemical proc- esses; and (C) on the effects of pollutants on biological community diversity, productivity, and stability, including information on the factors affecting rates of eutrophication and rates of organic and inor- ganic sedimentation for varying types of receiving waters. "(2) The Administrator, after consultation with appropriate Fed- eral and State agencies and other interested persons, shall develop and publish, within one year after the date of enactment of this title (and from time to time thereafter revise) information (A) on the factors necessaiy to restore and maintain the chemical, physical, and bio- logical integrity of all navigable waters, giound watere, waters of the contiguous zone, and the oceans; (B) on the factor's necessaiy for the protection and propagation of shellfish, fish, and wildlife for classes and categories of receiving waters and to allow recreational activities in and on the water; and (C) on the measuT'ement and classification of water quality; and (D) for the purpose of section 303, on and the
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 851 identification of pollutants suitable for maximum daily load measure- ment correlated with the achievement of water quality objectives. "(3) Such criteria and information and revisions thereof shall be Publication in Federal Register. issued to the States and shall be published in the Federal Register and otherwise made available to the public. Effluent limita- "(b) For the purpose of adopting or revising effluent limitations tion guidelines, under this Act the Administrator shall, after consultation with appro- publication. priate Federal and State agencies and other interested persons, publish within one year of enactment of this title, regulations, providing guide- lines for effluent limitations, and, at least annually thereafter, revise, if appropriate, such regulations. Such regulations shall— " ( 1 ) ( A ) identify, in terms of amounts of constituents and chemical, physical, and biological characteristics of pollutants, the degree of effluent reduction attainable through the application of the best practicable control technology currently available for classes and categories of point sources (other than publicly owned treatment works) ; and " ( B ) specify factors to be taken into account in determining the control measures and practices to be applicable to point sources (other than publicly owned treatment w^orks) within such cate- gories or classes. Factoi-s relating to the assessment of best practicable control technology currently available to comply with subsection (b) (1) of section 301 of this Act shall include consider- ation of the total cost of application of technology in relation to the effluent reduction benefits to be achieved from such applica- tion, and shall also take into account the age of equipment and facilities involved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, non-water quality environmental impact (including energy requirements), and such other factors as the Administrator deems appropriate; "(2) (A) identify, in terms of amounts of constituents and chemical, physical, and biological characteristics of pollutants, the degree of effluent reduction attainable through the application of the best control measures and practices achievable including treatment techniques, process and procedure innovations, operat- ing methods, and other alternatives for classes and categories of point sources (other than publicly owned treatment works); and " ( B ) specify factors to be taken into account in determining the best measures and practices available to comply with subsec- tion (b) (2) of section 301 of this Act to be applicable to any point source (other than publicly owned treatment works) within such categories or classes. Factors relating to the assessment of best available technology shall take into account the age of equipment and facilities involved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, the cost of achieving such effluent reduction, non-water quality environmental impact (including energy requirements), and such other factors as the Administrator deems appropriate; and " (3) identify control measures and practices available to elimi- nate the discharge of pollutants from categories and classes of point sources, taking into account the cost of achieving such elimi- nation of the discharge of pollutants. Pollution d i s - "(c) The Administrator, after consultation, vrith appropriate Fed- charges, elimi- eral and State agencies and other interested persons, shall issue to the nation procedures information. States and appropriate water pollution control agencies within 270 days after enactment of this title (and from time to time thereafter) information on the processes, procedures, or operating methods which
852 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. result ill the elimination or reduction of the discharge of pollutants to implement standards of performance under section 306 of this Act* Alternative Such information shall include technical and other data, including waste treatment methods. costs, as are available on alternative methods of elimination or reduc- Publication in tion of the discharge of pollutants. Such information, and revisions Federal Register. thereof, shall be published in the Federal Register and otherwise shall be made available to the public. Secondary treat- *'(d)(1) The Administrator, after consultation with appropriate ment information. Federal and State agencies and other interested persons, shall publish within sixty days after enactment of this title (and from time to time thereafter) information, in terms of amounts of constituents and chem- ical, physical, and biological characteristics of pollutants, on the degree of effluent reduction attainable through the application of secondary treatment. "(2) The Administrator, after consultation with appropriate Fed- eral and State agencies and other interested persons, shall publish within nine months after the date of enactment of this title (and from time to time thereafter) information on alternative waste treatment management techniques and systems available to implement section 201 of this Act. "(e) The Administrator, after consultation with appropriate Fed- eral and State agencies and other interested persons, shall issue to appropriate Federal agencies, the States, water pollution control agencies, and agencies designated under section 208 of this Act, within one year after the effective date of this subsection (and from time to time thereafter) information including (1) guidelines for identifying and evaluating the nature and extent of nonpoint sources of pollutants, and (2) processes, pi-ocedures, and methods to control pollution result- ing from— " ( A ) agricultural and silvicultural activities, including runoff fi-om fields and crop and forest lands; " ( B ) mining activities, including rmioff and siltation from new, currently operating, and asbandoned surface and under- ground mines; " ( C ) all construction activity, including runoff from the facili- ties resulting from such construction; " ( D ) the disposal of pollutants in wells or in subsurface excavations; " ( E ) salt water intrusion resulting from reductions of fresh water ilow from any cause, including extraction of ground water, irria:ation, obstruction, and diversion; and " ( F ) changes in the movement, flow, or circulation of any navi- gable waters or ground waters, including changes caused by the oonstruction of (Tarns, levees, channels, causeways, or flow diver- sion facilities. Publication in Such information and revisions thereof shall be published in the Fed- Federal Register. eral Register and otherwise made available to the public. Pretreatment " ( f ) (1) F o r the purpose of assisting States in carrying out pro- standards guide- lines, publica- grams under section 402 of this Act, the Administrator s h d l publish, tion. within one hundred and twenty days after the date of enactment of this title, and review at leas t annually thereafter and, if appropriate, revise guidelines for pretreatment of pollutants which he determines are not susceptible to treatment by publicly owned treatment works. Guide- lines under this subsection shall be established to control and prevent the dischai'ge into the navigable waters, the contiguous zone, or the ocean (either directly or through publicly owned treatment works) of any pollutant which interferes with, passes through, or otherwise is incompatible with such works.
86 STAT. ] PUBLIC LAW 92-500-OCT. 18,1972 853 " (2) When publishing guidelines under this subsection, the Admin- istrator shall designate the category or categories of treatment works to which the guidelines shall apply. " (g) Th« Administrator shall, within one hundred and eighty days Test procedures, guidelines. from the date of enactment of this title, promulgate guidelines estab- lishing test procedures for the analysis of pollutants that shall include the factors which must be provided in any certification pursuant to section 401 of this Act or permit application pursuant to section 402 of this Act. " ( h ) The Administrator shall (1) within sixty days after the enact- Monitoring, re- porting, e t c . , ment of this title promulgate guidelines for the purpose of establish- guidelines. ing uniform application forms and other minimum requirements for the acquisition of information from owners and operators of point- sources of discharge subject to any State program under section 402 of this Act, and (2) within sixty days from the date of enactment of this title promulgate guidelines establishing the minimum procedural and other elements of any State program under section 402 of this Act which shall include: " ( A ) monitoring requirements; " ( B ) reporting requirements (including procedures to make information available to the public) ; " ( C ) enforcement provisions; and " ( D ) funding, personnel qualifications, and manpower require- ments (including a requirement that no board or body which approves permit applications or portions thereof shall include, as a member, any person who receives, or has during the previous two years received, a significant portion of his income directly or indirectly from permit holders or applicants for a permit). "(i) The Administrator shall, within 270 days after the effective date of this subsection (and from time to time thereafter), issue such information on methods, procedures, and processes as may be appro- priate to restore and enhance the quality of the Nation's publicly owned fresh water lakes. "(j) (1) The Administrator shall, within six months from the date of enactment of this title, enter into agreements with the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior to provide for the maximum utilization of the appropriate programs authorized under other Federal law to be carried out by such Secretaries for the purpose of achieving and maintaining water quality through appropriate implementation of plans approved under section 208 of this Act. "(2) The Administrator, pursuant to any agreement under para- Transfer of funds. graph (1) of this subsection is authorized to transfer to the Secretary of Agriculture, the Secretary of the Army, or the Secretary of the Interior any funds appropriated under paragraph (3) of this subsec- tion to supplement any funds otherwise appropriated to carry out appropriate programs authorized to be carried out by such Secretaries. "(3) There is authorized to be appropriated to carry out the pro- Appropriation. visions of this subsection, $100,000,000 per fiscal year for the fiscal year ending June 30, 1973, and the fiscal year ending June 30,1974. " W A T E R QUALITY INVENTORY Report to Con- "SEC. 305. (a) The Administrator, in cooperation with the States gress. and with the assistance of appropriate Federal agencies, shall prepare a report to be submitted to the Congress on or before January 1,1974, which shall— "(1) describe the specific quality, during 1973, with appro- priate supplemental descriptions as shall be required to take into
854 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. account seasonal, tidal, and other variations, of all na^dgable waters and the waters of the contiguous zone; "(2) include an inventory of all point sources of discharge (based on a qualitative and quantitative analysis of discharges) of pollutants, into all navigable waters and the waters of the con- tiguous zone; and "(3) identify specifically those navigable waters, the quality of which— " ( A ) is adequate to provide for the protection and propa- gation of a balanced population of shellfish, fish, and wildlife and allow recreational activities in and on the water; " ( B ) can reasonably be expected to attain such level by 1977 or 1983; and " ( C ) can reasonably be expected to attain such level by any later date. state reports. "(b) (1) Each State shall prepare and submit to the Administrator by January 1, 1975, and shall bring up to date each year thereafter, a report which shall include— " (A) a description of the water quality of all navigable watei-s in such State during the preceding year, with appropriate sup- plemental descriptions as shall be required to take into account seasonal, tidal, and other variations, correlated with the quality of water required by the objective of this Act (as identified by the Administrator pursuant to criteria published under section 304 (a) of this Act) and the water quality described in subparagraph (B) of this paragraph; " ( B ) an analysis of the extent to which all navigable waters of such State provide for the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities in and on the water; " ( C ) an analysis of the extent to which the elimination of the discharge of pollutants and a level of water quality which pro- vides for the protection and propagation of a balanced popu- lation of shellfish, fish, and wildlife and allows recreational activities in and on the water, have been or will be achieved by the requirements of this Act, together with recommendations as to additional action necessary to achieve such objectives and for what waters such additional action is necessary; " ( D ) an estimate of (i) the environmental impact, (ii) the economic and social costs necessary to achieA^^e the objective of this Act in such State, (iii) the economic and social benefits of such achievement, and (iv) an estimate of the date of such achievement; and " ( E ) a description of the nature and extent of nonpoint sources of pollutants, and recommendations as to the programs which must be undertaken to control each category of such sources, including an estimate of the costs of implementing such programs. Transmittal to "(2) Thc Admiuistrator shall transmit such State reports, together Congress. with an analysis thereof, to Congress on or before October 1, 1975, and annually thereafter. " N A T I O N A L STANDARDS OF P E R F O R M A N C E Definitions. "SEC. 306. (a) FoT puTposes of this section: " (1) The term 'standard of performance' means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alterna-
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 855 tives, including, where practicable, a standard permitting no dis- charge of pollutants. "(2) The term 'new source' means any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under this section which will be applicaole to such source, if such standard is thereafter promul- gated in accordance with this section. "(3) The term 'source' means any building, structure, facility, or installation from which there is or may be the discharge of pollutants. "(4) The term 'owner or operator' means any person who owns, leases, operates, controls, or supervises a source. "(5) The term 'construction' means any placement, assembly, or installation of facilities or equipment (including contractual obliga- tions to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises. " (b) (1) (A) The Administrator shall, within ninety days after the „^°7J^^J^' ybuca date of enactment of this title publish (and from time to time there- fi^*^. '**' P" niter shall revise) a list of categories of sources, which shall, at the minimum, include: "pulp and paper mills; "paper^board, builders paper and board mills; "meat product and rendering processing; "dairy product processing; "grain mills; "canned and preserved fruits and vegetables processing; "canned and preserved seafood processing; "sugar processing; "textile mills; "cement manufacturing; "feedlots; "electroplating; "organic chemicals manufacturing; "inorganic chemicals manufacturing; "plastic and synthetic materials manufacturing; "soap and detergent manufacturing; "fertilizer manufacturing; "petroleum refining; "iron and steel manufacturing; "nonferrous metals manufacturing; "phosphate manufacturing; "steam electric powerplants; "ferroalloy manufacturing; "leather tanning and finishing; "glass and asbestos manufacturing; "rubber processing; and "timber products processing. " ( B ) As soon as practicable, but in no case more than one year, Federal stand- i t , , » ^ • • • 1 1 1 ' T J . 1 1 1 a r d s of p e r f o r m - after a category of sources is included m a list under subparagraph ance, publication (A) of this paragraph, the Administrator shall propose and publish °f regulations. regulations establishing Federal standards of performance for new sources within such category. The Administrator shall afford inter- ested persons an opportunity for written comment on such proposed r e f l a t i o n s . After considering such comments, he shall promulgate, within one hundred and twenty days after publication of such pro- posed regulations, such standards with such adjustments as he deems appropriate. The Administrator shall, from time to time, as technol-
856 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. ogy and alternatives change, revise such standards following the procedure required by this subsection for promulgation of such standards. Standards of performance, or revisions thereof, shall become effective upon promulgation. I n establishing or revising Federal standards of performance for new sources under this section, the Administrator shall take into consideration the cost of achieving such effluent reduction, and any non-water quality environmental impact and energy requirements. "(2) The Administrator may distinguish among classes, types, and sizes within categories of new sources for the purpose of establish- ing such standards and shall consider the type of process employed (including whether batch or continuous). "(3) The provisions of this section shall apply to any new source owned or operated by the United States. Standards of "(c) Each State may develop and submit to the Administrator a performance. State enforcement procedure under State law for applying and enforcing standards of procedure. performance for new sources located in such State. If the Adminis- trator finds that the procedure and the law of any State require the application and enforcement of standards of performance to at least the same extent as required by this section, such State is authorized to apply and enforce such standards of performance (except with respect to new sources owned or operated by the United States). " ( d ) Notwithstanding any other provision of this Act, any point source the construction of which is commenced after the date of enact- ment of the Federal Water Pollution Control Act Amendments of 1972 and which is so constructed as to meet all applicable standards of performance shall not be subject to any more stringent standard of performance during a ten-year period beginning on the date of completion of such construction or during the period of depreciation or amortization of such facility for the purposes of section 167 or 169 68A Stat. 5 1 ; (or both) of the Internal Revenue Code of 1954, whichever period 85 Stat. 508. 83 Stat. 667. ends first. 26 u s e 167, "(e) After the effective date of standards of performance promul- 169. gated under this section, it shall be unlawful for any owner or operator of any new source to operate such source in violation of any standard of performance applicable to such source. " T O X I C AND P R E T R E A T M E N T E F F I ^ U E N T STANDARDS "SEC. 307. (a) (1) The Administrator shall, within ninety days after the date of enactment of this title, publish (and from time to time thereafter revise) a list which includes any toxic pollutant or combina- tion of such pollutants for which an effluent standard (which may include a prohibition of the discharge of such pollutants or combina- tion of such pollutants) will be established under this section. The Administrator in publishing such list shall take into account the toxic- ity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the effect of the toxic pollutant on such organisms. Proposed "(2) Within one hundred and eighty days after the date of pub- effluent stand- ard, p u b l i c a t i o n . lication of any list, or revision thereof, containing toxic pollutants or combination of pollutants under paragraph (1) of this subsection, the Administrator, in accordance with section 553 of title 5 of the United 80 Stat. 383. States Code, shall publish a proposed effluent standard (or a prohibi- tion) for such pollutant or combination of pollutants which shall take into account the toxicity of the pollutant, its persistence, degradability.
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 857 the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the effect of the toxic pollutant on such organisms, and he Hearing. shall publish a notice for a public hearing on such proposed standard to be held within thirty days. As soon as possible after such hearing, but not later than six months after publication of the proposed effluent standard (or prohibition), unless the Administrator finds, on the record, that a modification of such proposed standard (or prohibition) is justified based upon a preponderance of evidence adduced at such hearings, such standard (or prohibition) shall be pi.'omulgated. "(3) If after a public hearing the Administrator finds that a modi- Revised effluent standard. fication of such proposed standard (or prohibition) is justified, a revised effluent standard (or prohibition) for such pollutant or com- bination of pollutants shall be promulgated immediately. Such stand- ard (or prohibition) shall be reviewed and, if appropriate, revised at least every three years. "(4) Any effluent standard promulgated under this section shall be at that level which the Administrator determines provides an ample margin of safety. "(5) When proposing or promulgating any effluent standard (or prohibition) under this section, the Administrator shall designate the category or categories of sources to which the effluent standard (or prohibition) shall apply. Any disposal of dredged material may be included in such a category of sources after consultation with the Secretary of the Army. "(6) Any effluent standard (or prohibition) established pursuant to Effective date. this section shall take effect on such date or dates as specified in the order promulgating such standard, but in no case more than one year from the date of such promulgation. "(7) Prior to publishing any regulations pursuant to this section the ^Administrator shall, to the maximum extent practicable within the time provided, consult with appropriate advisory committees. States, independent experts, and Federal departments and agencies. " ( b ) (1) The Administrator shall, within one hundred and eighty Pretreatment tandards, pro- days after the date of enactment of this title and from time to time posed regulations. thereafter, publish proposed regulations establishing pretreatment publication standards for introduction of pollutants into treatment works (as defined in section 212 of this Act) which are publicly owned for those pollutants which are determined not to be susceptible to treatment by such treatment works or which would interfere with the operation of such treatment works. Not later than ninety days after such publica- tion, and after opportunity for public hearing, the Administrator shall promulgate such pretreatment standards. Pretreatment standards under this subsection shall specify a time for compliance not to exceed three years from the date of promulgation and shall be established to prevent the discharge of any pollutant through treatment works (as defined in section 212 of this Act) which are publicly owned, which pollutant interferes with, passes through, or otherwise is incompatible with such works. ' "(2) The Administrator shall, from time to time, as control tech- nology, processes, operating methods, or other alternatives change, revise such standards following the procedure established by this sub- section for promulgation of such standards. "(3) When proposing or promulgating any pretreatment standard under this section, the Administrator shall designate the category or categories of sources to which such standard shall apply. "(4) Nothing in this subsection shall affect any pretreatment requirement established by any State or local law not in conflict with any pretreatment standard established under this subsection.
858 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "(c) I n order to insure that any source introducing pollutants into a publicly owned treatment works, which source would be a new source subject to section 306 if it were to discharge pollutants, will not cause a violation of the effluent limitations established for any such treatment works, the Administrator shall promulgate pretreatment standards for the category of such sources simultaneously with the promulgation of standards of performance under section 306 for the equivalent category of new sources. Such pretreatment standards shall prevent the dis- charge of any pollutant into such treatment works, which pollutant may interfere with, pass through, or otherwise be incompatible with such works. " ( d ) After the effective date of any effluent standard or prohibition or pretreatment standard promulgated under this section, it shall be unlawful for any owner or operator of any source to operate any source in violation of any such effluent standard or prohibition or pretreat- ment standard. "INSPECTIONS, MONITORING AND ENTRY "SEC. 308. (a) Whenever required to carry out the objective of this Act, including but not limited to (1) developing or assisting in the development of any effluent limitation, or other limitation, prohi- bition, or effluent standard, pretreatment standard, or standard of performance under this Act; (2) determining whether any person is in violation of any such effluent limitation, or other limitation, pro- hibition or effluent standard, pretreatment standard, or standard of performance; (3) any requirement established under this section; or (4) carrying out sections 305, 311, 402, and 504 of this Act— Recordkeeping; " ( A ) the Administrator shall require the owner or operator reports of any point source to (i) establish and maintain such records, (ii) make such reports, (iii) install, use, and maintain such monitoring equipment or methods (including where appropriate, biological monitoring methods), (iv) sample such effluents (in accordance with such methods, at such locations, at such inter- vals, and in such manner as the Administrator shall prescribe), and (v) provide such other information as he may reasonably require; and " ( B ) the Administrator or his authorized representative, upon presentation of his credentials— " ( i ) shall have a right of entry to, upon, or through any premises in which an effluent source is located or in which any records required to be maintained under clause (A) of this subsection are located, and "(ii) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under clause ( A ) , and sample any effluents which the owner or operator of such source is required to sample under such clause. " ( b ) Any records, reports, or information obtained under this sec- tion (1) shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards, and (2) shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that rec- ords, reports, or information, or particular part thereof (other than effluent d a t a ) , to which the Administrator has access under this sec- tion, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information, or particular portion thereof confidential in accordance with the purposes of section 1905
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 859 of title 18 of the United States Code, except that such record, report, ^2 stat. 791. or information may be disclosed to other officers, employees, or author- ized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act. "(c) Each State may develop and submit to the Administrator pro- cedures under State law for inspection, monitoring, and entry with respect to point sources located m such State. If the Administrator finds that the procedures and the law of any State relating to inspec- tion, monitoring, and entry are applicable to at least the same extent as those required by this section, such State is authorized to apply and enforce its procedures for inspection, monitoring, and entry with respect to point sources located in such State (except with respect to point sources owned or operated by the United States). IL FEDERAL E N F O R C E M E N T "SEC. 309. (a) (1) Whenever, on the basis of any information avail- able to him, the Administrator finds that any person is in violation of any condition or limitation which implements section 301, 302, 306, 307, or 308 of this Act in a permit issued by a State under an approved permit program under section 402 of this Act, he shall proceed under his authority in paragraph (3) of this subsection or he shall notify the person in alleged violation and such State of such finding. I f beyond the thirtieth day after the Administrator's notification the State has not commenced appropriate enforcement action, the Adminis- trator shall issue an order requiring such person to comply with such condition or limitation or shall bring a civil action in accordance with subsection (b) of this section. "(2) Whenever, on the basis of information available to him, the Administrator finds that violations of permit conditions or limitations as set forth in paragraph (1) of this subsection are so widespread that such violations appear to result from a failure of the State to enforce such permit conditions or limitations effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the thirtieth day after such notice, he shall give public notice of such find- ing. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will enforce such conditions and limitations (hereafter referred to in this section as the period of 'federally assumed enforcement'), the Administrator shall enforce any permit condition or limitation with respect to any person— " ( A ) by issuing an order to comply with such condition or limitation, or " ( B ) by bringing a civil action under subsection (b) of this section. "(3) Whenever on the basis of any information available to him the Administrator finds that any person is in violation of section 301, 302, 306, 307, or 308 of this Act, or is in violation of any permit con- dition or limitation implementing any of such sex^tions in a permit issued under section 402 of this Act by him or by a State, he shall issue an order requiring such person to comply with such section or require- ment, or he shall bring a civil action in accordance with subsection (b) of this section. "(4) A copy of any order issued under this subsection shall be sent immediately by the Administrator to the State in which the violation occurs and other affected States. Any order issued under this subsection shall be by personal service and shall state with reasonable specificity the nature of the violation, specify a time for compliance, not to exceed thirty days, which the Administrator determines is reasonable, taking into account the seriousness of the violation and any good faith efforts
860 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. to comply Avith applicable requirements. In any case in which an order under this subsection (or notice to a violator under paragraph (1) of this subsection) is issued to a corporation, a copy of such order (or notice) shall be served on any appropriate corporate officers. An order issued under this subsection relating to a violation of section 308 of this Act shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged violation. "(b) The Administrator is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which he is authorized to issue a compliance order under subsection (a) of this section. Any action under this subsection may be brought in the district court of the Ignited States for the dis- trict in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such action shall be given immediately to the appropriate State. Penalties, " ( c ) ( 1 ) Auy pcrsou who willfully or negligently violates section 801, 302,306,307, or 308 of this Act, or any permit condition or limita- tion implementing any of such sections in a permit issued under section 402 of this Act by the Administrator or by a State, shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the con- viction is for a violation committed after a first conviction of such per- son under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. "(2) Any person who knowingly makes any false statement, rep- resentation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act or who falsifies, tampers with, or knowingly renders inaccurate any moni- toring 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 six months, or by both. "Person." ^H^) For the purposes of this subsection, the term 'pei-son' shall mean, in addition to the definition contained in section 502(5) of this Act, any responsible corporate officer. " ( d ) Any person who violates section 301, 302, 306, 307, or 308 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act by the Administrator, or by a State, and any person who violates any order issued by the Administrator under subsection (a) of this section, shall be subject to a civil penalty not to exceed $10,000 per day of such violation. "(e) Whenever a municipality is a party to a civil action brought by the LTnited States under this section, the State in which such munic- ipality is located shall be joined as a party. Such State shall be liable for payment of any judgment, or any expenses incurred as a result of complying with any judgment, entered against the municipality in such action to the extent that the laws of that State prevent the municr ipality from raising revenues needed to comply with such judgment. "INTERNATIONAL POLLUTION ABATEMENT "SEC. 310. (a) Whenever the Administrator, upon receipts of reports, surveys, or studies from any duly constituted international agency, has reason to believe that pollution is occurring which endan- gers the health or welfare of persons in a foreign country, and the Secretary of State requests him to abate such pollution, he shall give
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 861 formal notification thereof to the State water pollution control agency of the State or States in which such discharge or discharges originate and to the appropriate interstate agency, if any. He shall also promptly Hearing. call such a hearmg, if he believes that such pollution is occurring in sufficient quantity to warrant such action, and if such foreign country has given the United States essentially the same rights with respect to the prevention and control of pollution occurring in that country as is given that country by this subsection. The Administrator, through the Secretary of State, shall invite the foreign country wnich may be adversely affected by the pollution to attend and participate in the hearing, and the representative of such country shall, for tne purpose of the nearing and any further proceeding resulting from such hear- ing, have all the rights of a State water pollution control agency. Nothing in this subsection shall be construed to modify, amend, repeal, or otherwise affect the provisions of the 1909 Boundary Waters Treaty between Canada and the United States or the "Water Utilization 36 Stat. 2448. Treaty of 1944 between Mexico and the United States (59 Stat. 1219), relative to the control and abatement of pollution in waters covered by those treaties. "(b) The calling of a hearing under this section shall not be con- strued by the courts, the Administrator, or any person as limiting, modifying, or otherwise affecting the functions and responsibilities oi the Administrator under this section to establish and enforce water quality requirements under this Act. "(c) The Administrator shall publish in the Federal Register a N o t i c e , publi- cation in Federal notice of a public hearing before a hearing board of five or more Register. persons appointed by the Administrator. A majority of the mem- bers of the board and the chairman who shall be designated by the Administrator shall not be officers or employees of Federal, State, or local governments. On the basis of the evidence presented at such hearing, the board shall within sixty days after completion of the hearing make findings of fact as to whether or not such pollution is occurring and shall thereupon by decision, incorporating its find- ings therein, make such recommendations to abate the pollution as may be appropriate and shall transmit such decision and the record of the hearings to the Administrator. All such decisions shall be public. Upon receipt of such decision^ the Administrator shall promptly implement the board's decision m accordance with the provisions of this Act. "(d) In connection with any hearing called under this subsection, Report. the board is authorized to require any person whose alleged activities result in discharges causing or contributing to pollution to file with it in such forms as it may prescribe, a report based on existing data, furnishing such information as may reasonably be required as to the character, Icind, and quantity of such discharges and the use of facili- ties or other means to prevent or reduce such discharges by the person filing such a report. Such report shall be made under oath or other- wise, as the board may prescribe, and shall be filed with the board within such reasonable period as it may prescribe, unless additional time is granted by it. Upon a showing satisfactory to the board by the person filing such report that such report or portion thereof (other than effluent data), to which the Admmistrator has access under this section, if made public would divulge trade secrets or secret processes of such person, the board shall consider such report or portion thereof confidential for the purposes of section 1905 of title 18 of the United States Code. If any person required to file any report under this para- 62 Stat. 791, graph shall fail to do so withm the time fixed by the board for filing Penalty. the same, and such failure shall continue for thirty days after notice of such default, such person shall forfeit to the United States the sum
862 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. of $1,000 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States in the district court of the United States where such person has his principal office or in any district in which he does business. The Administrator may upon application therefor remit or mitigate any forfeiture provided for under this subsection. "(e) Board members, other than officers or employees of Federal, State, or local governments, shall be for each day (including travel- time) during which they are performing board business, entitled to receive compensation at a rate fixed by the Administrator but not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of title 5 of the United States s^usc 5332 Code, and shall, notwithstanding the limitations of sections 5703 and note sostat. 499; 5704 of title 5 of the United States Code, be fully reimbursed for 83 Stat. 190. travel, subsistence, and related expenses. "(f) When any such recommendation adopted by the Administra- tor involves the institution of enforcement proceedings against any person to obtain the abatement of pollution subject to such recom- mendation, the Administrator shall institute such proceedings if he believes that the evidence warrants such proceedings. The district court of the United States shall consider and determine de novo all relevant issues, but shall receive in evidence the record of the pro- ceedings before the conference or hearing board. The court shall have jurisdiction to enter such judgment and orders enforcing such judg- ment as it deems appropriate or to remand such proceedings to the Administrator for such further action as it may direct. "OIL AND HAZARDOUS SUBSTANCE LIABILITY Definitions. "SEC. 311. (a) For the purpose of this section, the term— "(1) 'oil' means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; "(2) 'discharge' includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping; "(3) 'vessel' means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; "(4) 'public vessel' means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political sub- division thereof, or by a foreign nation, except when such vessel is engaged in commerce; " (5) 'United States' means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, Amer- ican Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; "(6) 'owner or operator' means (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, and (B) in the case of an onshore facility, and an offshore facil- ity, any person owning or operating such onshore fsicility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility immedi- ately prior to such abandonment; "(7) 'person' includes an individual, firm, corporation, associa- tion, and a partnership; "(8) 'remove' or 'removal' refers to removal of the oil or haz- ardous substances from the water and shorelines or the taking of
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 863 such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shore- lines, and beaches; "(9) 'contiguous zone' means the entire zone established or to be established by the United States under article 24 of the Con- vention on the Territorial Sea and the Contiguous Zone; 15 UST 1606. "(10) 'onshore facility' means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land; "(11) 'offshore facility' means any facility of any kind located in, on, or under, any of the navigable waters of the United States other than a vessel or a public vessel; "(12) 'act of God' means an act occasioned by an unanticipated grave natural disaster; "(13) 'barrel' means 42 United States gallons at 60 degrees Fahrenheit; "(14) 'hazardous substance' means any substance designated pursuant to subsection (b) (2) of this section. " ( b ) ( 1 ) The Congress hereby declares that it is the policy of Prohibition. the United States that there should be no discharges of oil or hazard- ous substances into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone. "(2) (A) The Administrator shall develop, promulgate, and revise Regulations. as may be appropriate, regulations designating as hazardous sub- stances, other than oil as defined in this section, such elements and compounds which, when discharged in any quantity into or upon the navigable waters of the United States or adjoining shorelines or the waters of the contiguous zone, present an imminent and substantial danger to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, shorelines, and beaches. " ( B ) (i) The Administrator shall include in any designation under stances,Hazardous sub- remov- subparagraph (A) of this subsection a determination whether any ability determi- such designated hazardous substance can actually be removed. nation. "(ii) The owner or operator of any vessel, onshore facility, or off- shore facility from which there is discharged during the two-year period beginning on the date of enactment of the Federal Water Pol- lution Control Act Amendments of 1972, any hazardous substance determined not removable under clause (i) of this subparagraph shall be liable, subject to the defenses to liability provided under subsection (f) of this section, as appropriate, to the United States for a civil pen- alty per discharge established by the Administrator based on toxicity, degradability, and dispersal characteristics of such substance, in an amount not to exceed $50,000, except that where the United States can show that such discharge was a result of willful negligence or will- ful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States for a civil pen- alty in such amount as the Administrator shall establish, based upon the toxicity, degradability, and dispersal characteristics of such substance, "(iii) After the expiration of the two-year period referred to in clause (ii) of this subparagraph, the owner or operator of any vessel, onshore facility, or offshore facility, from which there is discharged any hazardous substance determined not removable under clause (i) of this subparagraph shall be liable, subject to the defenses to liability provided in subsection (f) of this section, to the United States for either one or the other of the following penalties, the determination of which shall be in the discretion of the Administrator:
864 PUBLIC LAW 92-500-OCT. 18, X972 [86 STAT. "(aa) a penalty in such amount as the Administrator shall establish, based on the toxicity, degradability. and dispei-sal char- acteristics of the substance, but not less than $500 nor more than $5,000; or "(bb) a penalty determined by the number of units discharged multiplied by the amount established for such unit under clause (iv) of this subparagraph, but such penalty shall not be more than $5,000,000 in the case of a discharge from a vessel and $500,000 in the case of a discharge fTom an onshore or offshore facility, "'(iv) The Administrator shall establish by regulation, for each liazardous substance designated under subparagraph (A) of this para- graph, and within 180 days of the date of such designation, a unit of measurement based upon the usual trade practice and, for the purpose of determining the penalty under clause (iii) (bb) of this subpara- graph, shall establish for each such unit a fixed monetary amount which shall be not less than $100 nor more than $1,000 per unit. He shall establish such fixed amount based on the toxicity, degradability, and dispersal characteristics of the substance. *'(3) The discharge of oil or hazardous substances into or upon the nav^igable waters of the Ignited States, adjoining shorelines, or into or upon the watei-s of the contiguous zone in harmful quantities as determined by the President under paragraph (4) of this subsection, is prohibited, except (A) in the case of such discharges of oil into the waters of the contiguous zone, where permitted under article I V of the International Convention for the Prevention of Pollution of the Sea 12 UST 2989. by Oil, 1954, as amended, and (B) where permitted in quantities and at times and locations or under such circumstances or conditions as the President may, by regulation, determine not to be harmful. Any regu- lations issued under this subsection shall be. consistent with maritime safety and with marine and navigation laws and regulations and applicable water quality standards. ha^ij^ui"q'ifantities, " ^'^) '^^^ President shall by regulation, to be issued as soon as possi- determination. ble after the date of enactment of this paragraph, determine for the purposes of this section, those quantities of oil and any hazardous sub- stance the discharge of which, at such times, locations, circimistances, and conditions, will be harmful to the public health or welfare of the I'nited States, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches except that in the case of the discharge of oil into or upon the watere of the contig- uous zone, only those discharges which threaten the fishery resources of the contiguous zone or threaten to pollute or contribute to the pollution of the t e n i t o r y or the territoidal sea of the United States may be •letermined to be harmful. Violation notifi ''(5) Any person in charge of a vessel or of an onshore facility or cation. an offshore facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from such vessel or facility m violation of paragi-aph (3) of this subsection, immediately notify the appro- priate agency of the United States Government of such discharge. Penalty. ^uv such pcrson who fails to notify immediately such agency of such discharge shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both. Notification received pursuant to this paragraph or information obtained by the exploita- tion of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. "(6) Any owner or operator of any vessel, onshore facility, or off- shore facility from which oil or a hazardous substance is discharged in violation of paragraph (3) of this subsection shall be assessed a civil penalty by the Secretary of the department in which the Coast Guard
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 86J is operating of not more than $5,000 for each offens<». Xo penalty shall be assessed unless the owner or operator charged shall have been given notice and opportunity for a hearing on such charge. Each violation is a separate offense. Any such civil penalty may be compromised by such Secretary. I n determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the owner or operator charged, the effect on the owner or operator's ability to continue in business, and the gravity of the violation, shall be considered by such Secretary. The Secretary of the Treasury shall withhold at the request of such Secretary the clear- ance required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91), of any vessel the owner or operator of which is subject to the foregoing penalty. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to such Secretary. "(c) (1) Whenever any oil or a hazardous substance is discharged, uT^na"^abie'° into or upon the navigable waters of the United States, adjoining water"^7e^movai. shorelines, or into or upon the waters of the contiguous zone, the Presi- dent is authorized to act to remove or arrange for the removal of such oil or substance at any time, unless he determines such removal will be done properly by the owner or operator of the vessel, onshore facility, or offshore facility from which the discharge occurs. "(2) Within sixty days after the effective date of this section, the National con- President shall prepare and publish a National Contingency Plan for ^"'^''"'^y removal of oil and hazardous substances, pursuant to this subsection. Such National Contingency Plan shall provide for efficient, coordi- nated, and effective action to minimize damage from oil and hazardous substance discharges, including containment, dispersal, and removal of oil and hazardous substances, and shall include, but not be limited to— " ( A ) assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies, including, but not limited to, water pollution control, conservation, and port authorities; " ( B ) identification, procurement, maintenance, and storage of equipment and supplies; " ( C ) establishment or designation of a strike force consisting of personnel who shall be trained, prepared, and available to pro- vide necessary services to carry out the Plan, including the estab- lishment at major ports, to be determined by the President, of emergency task forces of trained personnel, adequate oil and haz- ardous substance pollution control equipment and material, and a detailed oil and hazardous substance pollution prevention and removal plan; -is u; y= J " ( D ) a system of surveillance and notice designed to insure earliest possible notice of discharges of oil and hazardous sub- stances to the appropriate Federal agency; " ( E ) establishment of a national center to provide coordination and direction for operations in carrying out the P l a n ; " ( F ) procedures and techniques to be employed in identifying. ^ containing, dispersing, and removing oil and hazardous substances; " ( G ) a schedule, prepared in cooperation with the States, iden- tifying (i) dispersants and other chemicals, if any, that may be used in carrying out the Plan, (ii) the waters in which such dis- persants and chemicals may be used, and (iii) the quantities of such dispersant or chemical which can be used safely in such waters, which schedule shall provide in the case of any dispersant, chemical, or waters not specifically identified in such schedule that the President, or his delegate, may, on a rase-by-case basis, iden-
866 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. tify the dispeisants and other chemicals which may be used, the waters in which they may be used, and the quantities which can be used safely in such waters; and " ( H ) a system whereby the State or States affected by a dis- charge of oil or hazardous substance may act where necessary to remove such discharge and such State or States may be reimbursed from the fund established under subsection (k) of this section for the reasonable costs incurred in such removal. The President may, from time to time, as he deems advisable revise or otherwise amend the National Contingency Plan. After publication of the National Contingency Plan, the removal of oil and hazardous substances and actions to minimize damage from oil and hazardous substance discharges shall, to the greatest extent possible, be in accord- ance with the National Contingency Plan. tefdi^jr^r'^j^^^" " ( ^ ) Whenever a marine disaster in or upon the navigable waters of the United States has created a substantial threat of a pollution hazard to the public health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife and the public and pri- vate shorelines and beaches of the United States, because of a dis- charge, or an imminent discharge, of large quantities of oil, or of a hazardous substance fi-om a vessel the United States may (A) coordi- nate and direct all public and private efforts directed at the removal or elimination of such threat; and (B) summarily remove, and, if necessary, destroy such vessel by whatever means are available with- out regard to any provisions of law governing the employment of personnel or the expenditure of appropriated funds. Any expense incurred under this subsection shall be a cost incurred by the United States (jovernment for the purposes of subsection (f) in the removal of oil or hazardous substance. ^^^^^^- "(e) In addition to any other action taken by a State or local gov- ernment, when the President determines there is an imminent and sub- stantial threat to the public health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife and public and private property, shorelines, and beaches within the United States, because of an actual or threatened discharge of oil or hazardous sub- stance into or upon the navigable waters of the United States from an onshore or offshore facility, the President may require the United States attorney of the district in which the threat occurs to secure Jurisdiction. guc^i relief as may be necessary to abate such threat, and the district courts of the United States shall have jurisdiction to grant such relief as the public interest and the equities of the case may require. Liability. "(f) (1) Except wlicre an owner or operator can prove t h a t a dis- charge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from which oil or a hazardous substance is discharged in violation of subsection (b) (2) of this section shall, not withstanding any other provision of law, be liable to the Ignited States Government for the actual costs incurred undei' subsection (c) for the removal of such oil or substance by the United States Government in an amount not to exceed $100 per gross ton of such vessel or $14,000,000, whichever is lesser, except that Avhere the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the I'^nited States Government for the full amount of such costs. Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United
86 STAT. ] PUBLIC LAW 92-500-OCT. 18,1972 867 States for any district within which any vessel may be found. The United States may also bring an action against the owner or operator of such vessel in any court of competent jurisdiction to recover such costs. "(2) Except where an owner or operator of an onshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Gov- ernment, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil or a hazardous substance is discharged in violation of subsection (b) (2) of this section shall be liable to the United States Government for the actual costs incurred under sub- section (c) for the removal of such oil or substance by the United States Government in an amount not to exceed $8,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such facility in any court of competent jurisdiction to recover such costs. The Secretary is authorized, by regulation, after consultation with the Secretary of (^ommerce and the Small Business Administra- tion, to establish reasonable and equitable classifications of those onshore facilities having a total fixed storage capacity of 1,000 barrels or less which he determines because of size, type, and location do not present a substantial risk of the discharge of oil or a hazardous sub- stance in violation of subsection (b)(2) of this section, and apply with respect to such classifications differing limits of liability which may be less than the amount contained in this paragraph, " (3) Except where an owner or operator of an offshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Gov- ernment, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil or a hazardous substance is discharged in violation of subsection (b) (2) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil or substance by the United States Government in an amount not to exceed $8,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful mis- conduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such a facility in any court of com- petent jurisdiction to recover such costs. " ( g ) In any case where an owner or operator of a vessel, of an onshore facility, or of an offshore facility, from Avhich oil or a hazard- ous substance is discharged in violation of subsection (b) (2) of this section, proves that such discharge of oil or hazardous substance was caused solely by an act or omission of a third party, or was caused solely by such an act or omission in combination with an act of God, an act of war, or negligence on the part of the United States Govern- ment, such third party shall, notwithstanding any other provision of law, be liable to the tlnited States Government for the actual costs incurred under subsection (c) for removal of such oil or substance by the Ignited States Government, except where such third party can
868 PUBLIC LAW 92-500~OCT. 18, 1972 [86 STAT. prove that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of another party without regard to whether such act or omission was or was not negligent, or any combination of the foregoing clauses. If such third party was the owner or operator of a vessel which caused the discharge of oil or a hazardous substance in violation of subsection (b) (2) of this sec- tion, the liability of such third party under this subsection shall not exceed $100 per gross ton of such vessel or $14,000,000, whichever is the lesser. I n any other case the liability of such third party shall not exceed the limitation which would have been applicable to the owner or operator of the vessel or the onshore or offshore facility from which the discharge actually occurred if such owner or operator were liable. If the United States can show that the discharge of oil or a hazardous substance in violation of subsection (b) (2) of this section was the result of willful negligence or willful misconduct within the privity and knowledge of such third party, such third party shall be liable to the United States Government for the full amount of such removal costs. The United States may bring an action against the third party in any court of competent jurisdiction to recover such removal costs. " (h) The liabilities established by this section shall in no way affect any rights which (1) the owner or operator of a vessel or of an onshore facility or an offshore facility may have against any third party whose acts may in any way have caused or contributed to such discharge, or (2) The United States Government may have against any third party whose actions may in SLUJ way have caused or contributed to the dis- charge of oil or hazardous substance. Removal costs, "(i) (1) I n any case where an owner or operator of a vessel or an recovery. onshore facility or an offshore facility from which oil or a hazardous substance is discharged in violation of subsection (b) (2) of this section acts to remove such oil or substance in accordance with regulations promulgated pursuant to this section, such owner or operator shall be entitled to recover the reasonable costs incurred in such removal upon establishing, in a suit which may be brought against the United States Government in the United States Court of Claims, that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether such act or omission was or was not negligent, or of any combination of the foregoing causes. "(2) The provisions of this subsection shall not apply in any case where liability is established pursuant to the Outer Continental Shelf 67 Stat. 462. Lands Act. 43 u s e 1331 note. " (3) Any amount paid in accordance with a judgment of the United States Court of Claims pursuant to this section shall be paid from the funds established pursuant to subsection (k). Regulations. " ( j ) ( l ) Consistent with the National Contingency Plan required by subsection (c) (2) of this section, as soon as practicable after the effective date of this section, and from time to time thereafter, the President shall issue regulations consistent with maritime safety and with marine and navigation laws (A) establishing methods and pro- cedures for removal or discharged oil and hazardous substances, (B) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans, (C) establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil and hazard- ous substances from vessels and from onshore facilities and offshore facilities, and to contain such discharges, and (D) governing the inspection of vessels carrying cargoes of oil and hazardous substances
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 869 and the inspection of such cargoes in order to reduce the likelihood of discharges of oil from vessels in violation of this section. "(2)' Any owner or operator of a vessel or an onshore facility or an Penalty. offshore facility and any other person subject to any regulation issued under paragraph (1) oi this subsection who fails or refuses to comply with the provisions of any such regulations, shall be liable to a civil penalty of not more than $5,000 for each such violation. Each violation shall be a separate offense. The President may assess and compromise such j>enalty. No penalty shall be assessed until the owner, operator, or other person charged shall have been given notice and an opportu- nity for a hearing on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the owner, operator, or other person charged in attemping to achieve rapid compliance, after notification of a violation, shall Be considered by the President. "(k) There is hereby authorized to be appropriated to a revolving Appropriation, fund to be established in the Treasury not to exceed $35,000,000 to carry out the provisions of subsections (c), (d), (i), and (1) of this section. Any other funds received by the United States under this section shall also be deposited in said fund for such purposes. All sums appropriated to, or deposited in, said fund shall remain available until expended. "(1) The President is authorized to delegate the administration of Administration. this section to the heads of those Federal departments, agencies, and instrumentalities which he determines to be appropriate. Any moneys in the fund established by subsection (k) of this section shall be avail- able to such Federal departments, agencies, and instrumentalities to fit'tistllS. carry out the provisions of subsections (c) and (i) of this section. Each such department, agency, and instrumentality, in order to avoid dupli- cation of effort, shall, whenever appropriate, utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities. "(m) Anyone authorized by the President to enforce the provisions of this section may, except as to public vessels, (A) board and inspect any vessel upon the navigable waters of the LTnited States or the waters of the contiguous zone, (B) with or without a warrant arrest any person who violates the provisions of this section or any regula- tion issued thereunder in his presence or view, and (C) execute any warrant or other process issued by an officer or court of competent jurisdiction. "(n) The several district courts of the United States are invested jurisdiction, with jurisdiction for any actions, other than actions pursuant to sub- section (i)(l), arising under this section. In the case of Guam and the Trust Territory of the Pacific Islands, such actions may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. In the case of iCmerican Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the United States District Court for the District of the Canal Zone. "(o) (1) Nothing in this section shall affect or modify in any way the obligations of any owner or operator of any vessel, or of any owner or operator of any onshore facility or offshore facility to any person or agency under any provision of law for damages to any publicly owne^ or privately owned property resulting from a discharge of any oil or hazardous substance or from the removal of any such oil or hazardous substance.
870 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "(2) Nothing in this section shall be construed as preempting any State or political subdivision thereof from imposing any requii-ement or liability with respect to the discharge of oil or hazardous substance into any waters within such State. "(3) Nothing in this section shall be construed as affecting or modi- fying any other existing authority of any Federal department, agency, or instrumentality, relative to onshore or offshore facilities under this Act or any other provision of law, or to affect any State or local law not in conflict with this section. Certain ves- " ( p ) (1) Auy vessel ovcr three hundred gross tons, including anv respons'ibiuty! barge of equivalent size, but not including any barge that is not self- propelled and that does not carry oil or hazardous substances as cargo or fuel, using any poi't or place in the United States or the navigable watei-s of the United States for any purpose shall establish and main- tain under regulations to be prescribed from time to time by the Presi- dent, evidence of financial responsibility of $100 per gross ton, or $14,000,000 whichever is the lesser, to meet the liability to the L^nited States which such vessel could be subjected under this section. I n cases where an owner or operator owns, operates, or charters more than one such vessel, financial responsibility need only be established to meet the maximum liability to which the largest of such vessels could be subjected. Financial I'esponsibility may be established by any one of, or a combination of, the following methods acceptable to the Presi- dent: (A) evidence of insurance, (B) surety bonds, (C) (][ualification as a self-insurer, or (D) other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do busi- ness in the United States. Effective date. n (^2) The provisious of paragraph (1) of this subsection shall be effective April 3,1971, with respect to oil and one year after the date of enactment of this section with respect to hazardous substances. The President shall delegate the responsibility to carry out the provisions of this subsection to the appropriate agency head within sixty days after the date of enactment of this section. Regulations necessary to implement this subsection shall be issued within six months after the date of enactment of this section. "(3) Any claim for costs incurred by such vessel may be brought directly against the insurei* or any other person providing evidence of financial responsibility as required under this subsection. I n the case of any action pursuant to this subsection such insurer or other person shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if an action had been brought against him by the claimant, and which would have been available to him if an action had been brought against him by the owner or operator. Penalty. ;i^^^ ^^^^ owuei' or Operator of a vessel subject to this subsection, who fails to comply with the provisions of this subsection or any reg- ulation issued thereunder, shall be subject to a fine of not more than $10,000. "(5) The Secretary of the Treasury may refuse the clearance required by section 4197 of the Revised Statutes of the United States, as 46 u s e 91, amended (4 TLS.C. 91), to any vessel subject to this subsection, which does not have evidence furnished by the Pi-esident that the financial r-esponsibility provisions of paragraph (1) of this subsection have been complied with. "(6) The Secretaiy of the Depar-tnient in which the Coast Guard is operated may (A) deny entry to any poi't or place in the United States or the navigable waters of the United States, to, and (B) detain at the port or place in the United States from which it is about to depart for any other port or place in the United States, any vessel sub-
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 871 ject to this subsection, which upon request, does not produce evidence furnished by the President that the financial responsibility provisions of paragraph (1) of this subsection have been complied with. uMARINE SANITATION DEVICES "SEC. 312. (a) F o r the purpose of this section, the term— Definitions. "(1) 'new vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated after promulgation of standards and regula- tions under this section; "(2) 'existing vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated before promulgation of standards and regu- lations under this section; " (3) 'public vessel' means a vessel owned or bareboat chartered and operated by the United States, by a State or political sub- division thereof, or by a foreign nation, except when such vessel is engaged in commerce; " (4) 'United States' includes the States, the District of Colum- bia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands; "(5) 'marine sanitation device' includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage; "(6) 'sewage' means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes; "(7) 'manufacturer' means any person engaged in the manu- facturing, assembling, or importation of marine sanitation devices or of vessels subject to standards and regulations promulgated under this section; "(8) 'person' means an individual, partnership, firm, corpora- tion, or association, but does not include an individual on board a public vessel; '(9) 'discharge' includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping. " (b) (1) As soon as possible, after the enactment of this section and Federal stand- subject to the provisions of section 104(j) of this Act, the Administra- ante °promu°gaI tor, after consultation with the Secretary of the department in which tion.' the Coast Guard is operating, after giving appropriate consideration to the economic costs involved, and within the limits of available tech- nology, shall promulgate Federal standards of performance for marine sanitation devices (hereafter in this section referred to as 'standards') which shall be designed to prevent the discharge of untreated or inadequately treated sewage into or upon the navigable waters from new vessels and existing vessels, except vessels not equipped with installed toilet facilities. Such standards shall be con- sistent with maritime safety and the marine and navigation laws and regulations and shall be coordinated with the regulations issued under this subsection by the Secretary of the department in which the Coast Guard is operating. The Secretary of the department in which the Coast Guard is operating shall promulgate regulations, which are con- sistent with standards promulgated under this subsection and with maritime safety and the marine and navigation laws and regulations governing the design, construction, installation, and operation of any marine sanitation device on board such vessels.
872 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "(2) Any existing vessel equipped with a marine sanitation device on the date of promulgation of initial standards and regulations under this section, wnich device is in compliance with such initial standards and regulations, shall be deemed in compliance with this section until such time as the device is replaced or is found not to be in compliance with such initial standards and regulations. Initial stand- "(c) (1) Initial standards and regulations under this section shall ards, effective dates. become effective for new vessels two years after promulgation; and for existing vessels five years after promulgation. Revisions of stand- ards and regiilations shall be effective upon promulgation, unless another eft'ective date is specified, except that no r-evision shall take effect before the effective date of the standard or r-egulation being i-evised. Waiver. "(2) The Secretary of the department in which the Coast Guard is operating with regard to his regulatory authority established by this section, after consultation with the Administrator, may distinguish among classes, type, and sizes of vessels as well as between new and existing vessels, and may waive applicability of standards and regula- tions as necessary or appropriate for such classes, types, and sizes of vessels (including existing vessels equipped with marine sanitation tie vices on the date of promulgation of the initial standards required by this section), and, upon application, for individual vessels. " ( d ) The provisions of this section and the standards and regula- tions pronmlgated hereunder apply to vessels owned and operated by the I'nited States unless the Secretary of Defense finds that compliance would not be in the interest of national security. With respect to ves- sels owned and operated by the Department of Defense, regulations under the last sentence of subsection (b) (1) of this section and certi- fications under subsection (g) (2) of this section shall be promulgated and issued by the Secretary oi Defense. "(e) Before the standards and regulations under this section are promulgated, the Administrator and the Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of State; the Secretary of Health, Education, and Welfare; the Sec- fetary of Defense; the Secretary of the Treasury; the Secretary of Commerce; other interested Federal agencies; and the States and industries interested; and otherwise comply with the requirements of 80 Stat. 383. section 553 of title 5 of the United States Code. " ( f ) (1) After the effective date of the initial standards and r e ^ - hitions pronmlgated under this section, no State or political subdivision thei'eof shall adopt or enforce any statute or regulation of such State or political subdivision with respect to the design, manufacture, or installation or- use of any marine sanitation device on any vessel subject to the provisions of this section. " (2) If, after promulgation of the initial standards and regulations and prior to their eft'ective date, a vessel is equipped with a marine sanitation device in compliance with such standards and regulations and the installation and operation of such device is in accordance with such standards and regulations, such standards and regulations shall, for the purposes of paragraph (1) of this subsection, Income effective with repect to such vessel on the date of such compliance. " (3) After the effective date of the initial standards and regulations promulgated under this section, if any State determines that the protection and enhancement of the quality of some or all of the watei-s within such State require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal and treatment
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 873 of sewage from all vessels are reasonably available for such water to which such prohibition would apply. Upon application of the State, the Administrator shall make such determination within 90 days of the date of such application. " (4) If the Administrator determines upon application by a Stat« that the protection and enhancement of the quality of specified waters within such State requires such a prohibition, he shall by regulation completely prohibit the discharge from a vessel of any sewage (whether treated or not) into such waters. " ( g ) (1) No manufacturer of a marine sanitation device shall sell, j . ^ ^ ^ ^ ^ reguia- offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States for sale or resale any marine sanitation device manufactured after the effective date of the standards and regulations promulgated under this section unless such device is in all material respects substantially the same as a test device certified under this subsection. "(2) Upon application of the manufacturer, the Secretary of the department in which the Coast Guard is operating shall so certify a marine sanitation device if he determines, in accordance with the pro- visions of this paragraph, that it meets the appropriate standards and regulations promulgated under this section. The Secretary of the department in which the Coast Guard is operating shall test or require such testing of the device in accordance with procedures set forth by the Administrator as to standards of performance and for such other purposes as may be appropriate. If the Secretary of the department in which the Coast Guard is operating determines that the device is satisfactory from the standpoint of safety and any other require- ments of maritime law or regulation, and after consideration of the design, installation, operation, material, or other appropriate factors, he shall certify the device. Any device manufactured by such manu- facturer which is in all material respects substantially the same as . the certified test device shall be deemed to be in conformity with the appropriate standards and regulations established under this section. " (3) Every manufacturer shall establish and maintain such records. Recordkeeping; make such reports, and provide such information as the Administrator '^*P°'"*^" or the Secretary of the department in which the Coast Guard is operat- ing may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this section ;?, ,. and regulations issued thereunder and shall, upon request of an officer or employee duly designated by the Administrator or the Secretary of the department in which the Coast Guard is operating, permit such officer or employee at reasonable times to have access to and copy such records. All information reported to or otherwise obtained by the Administrator or the Secretary of the department in which the Coast Guard is operating or their representatives pur- suant to this subsection which contains or relates to a trade seci'et or other matter referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, ^2 stat. 791. except that such information may be disclosed to other officers or employees concerned with carrying out this section. This paragraph shall not apply in the case of the construction of a vessel by an indi- vi dual for his own use. " ( h ) After the effective date of standards and regulations promul- gated under this section, it shall be unlawful— "(1) for the manufacturer of any vessel subject to such stand- ards and regulations to manufacture for sale, to sell or offer for sale, or to distribute for sale or resale any such vessel unless it is equipped with a marine sanitation device which is in all material respects substantially the same as the appropriate test device certified pursuant to this section;
874 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "(2) for any person, prior to the sale or delivery of a vessel subject to such standards and regulations to the ultimate pur- chaser, wrongfully to remove or render inoperative any certified marine sanitation device or element of design of such device installed in such vessel; "(3) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide infor- mation required under this section; and "(4) for a vessel subject to such standards and regulations to operate on the navigable waters of the United States, if such vessel is not equipped with an operable marine sanitation device certified pursuant to this section. Jurisdiction. " (i) The distHct courts of the United States shall have jurisdictions to restrain violations of subsection (g) (1) of this section and subsec- tions (h) (1) through (3) of this section. Actions to restrain such vio- lations shall be brought by, and in, the name of the United States. I n case of contumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, and any failure to obey such order of the court may be punished by such court as a contempt thereof. Penalties. uQ^ /^j^y persou who violatcs subsection (g) (1) of this section or clause (1) or (2) of subsection (h) of this section shall be liable to a civil penalty of not more than $5,000 for each violation. Any person who violates clause (4) of subsection (h) of this section or any regu- lation issued pursuant to this section shall be liable to a civil penalty of not more than $2,000 for each violation. Each violation shall be a separate offense. The Secretary of the department in which the Coast Guard is operating may assess and compromise any such penalty. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearing on such charge. I n determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered by said Secretary, Enforcement. " ( k ) The provisions of this section shall be enforced by the Sec- retary of the department in which the Coast Guard is operating and he may utilize by agreement, with or without reimbursement, law enforcement officers or other personnel and facilities of the Adminis- trator, other Federal agencies, or the States to carry out the provisions of this section. "(1) Anyone authorized by the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section may, except as to public vessels, (1) board and inspect any vessel upon the navigable waters of the United States and (2) execute any warrant or other process issued by an officer or court of competent jurisdiction. "(m) In the case of Guam and the Trust Territory of the Pacific Islands, actions arising under this section may be brought in the dis- trict court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. I n the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. I n the case of the Canal Zone, such actions may be brought in the District Court for the District of the Canal Zone.
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 875 "FEDERAL FACILITIES POLLUTION COXTROL "SEC. 813. Each department, agency, or instrumentality of the execu- tive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or run- oft' of pollutants shall comply with Federal, State, interstate, and local requirements respecting control and abatement of pollution to the same extent that any person is subject to such requirements, including the payment of reasonable service charges. The President Exemption. may exempt any effluent source of any department, agency, or instru- mentality in the executive branch from compliance with any such a requii-ement if he determines it to be in the paramount interest of the United States to do so; except that no exemption may be granted from the requirements of section 306 or 307 of this Act. No such exemptions shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make avail- able such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods of not to exceed one year upon the President's making a new determination. The President shall report each January to the Report to Con- gre s s . Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting such exemption. "CLEAN LAKES "SE<\ 314. (a) Each State shall prepare or establish, and submit to the Administrator for his approval— " (1) an identification and classification according to eutrophic condition of all publicly owned fresh water lakes in such State; "(2) procedures, processes, and methods (including land use requirements), to control sources of pollution of such lakes; and "(3) methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality of such lakes. " ( b ) The Administrator shall provide financial assistance to States in order to carry out methods and procedures approved by him under this section. "(c) (1) The amount granted to any State for any fiscal year under this section shall not exceed 70 per centum of the funds expended by such State in such year for carrying out approved methods and pro- cedures under this section. "(2) There is authorized to be appropriated $50,000,000 for the Appropriations. fiscal vear ending June 30,1973; $100,000,000 for the fiscal year 1974; and $150,000,000 for the fiscal year 1975 for grants to States under this section which such sums shall remain available until expended. The Administrator shall provide for an equitable distribution of such sums to the States with approved methods and procedures under this section. "NATIONAL STUDY COMMISSION "SEC. 315. (a) There is established a National Study Commission, Establishment. which shall make a full and complete investigation and study of all of the technological aspects of achieving, and all aspects of the total economic, social, and environmental effects of achieving or not achiev- ing, the effluent limitations and goals set forth for 1983 in section 301(b) (2) of this Act. "(b) Such Commission shall be composed of fifteen members, Membership. including five members of the Senate, who are members of the Public Works committee, appointed by the President of the Senate, five mem-
876 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. bers of the House, wlio are members of the Public Works committee, appointed by the Speaker of the House, and five members of the public appointed by the President. The Chairman of such Commission shall be elected from among its members. Contract "(c) I n the conduct of such study, the Commission is authorized to authority. contract with the National Academy of Sciences and the National Academy of Engineering (acting through the National Research Council), the National Institute of Ecology, Brookings Institution, and other nongovernmental entities, for the investigation of matters within their competence. " ( d ) The heads of the departments, agencies and instrumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out the requirements of this section, and shall furnish to the Commission such information as the Commis- sion deems necessary to carry out this section. Report to Con- "(e) A report shall be submitted to the Congress of the results of gress. such investigation and study, together with recommendations, not later than three years after the date of enactment of this title. "(f) The members of the Commission who are not officers or employees of the United States, while attending conferences or meet- ings of the Commission or while otherwise serving at the request of the Chairman shall be entitled to receive compensation at a rate not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of title V of the United States 5 u s e 5332 Code, including traveltime and while away from their homes or regular note. places of business they may be allowed travel expenses, including per 80 Stat. 499; diem in lieu of subsistence as authorized by law (5 U.S.C. 73b-5) for 83 Stat. 190. 5 u s e 5703, persons in the Government service employed intermittently. 5707 and n o t e s . "(g) There is authorized to be appropriated, for use in carrying Appropriation. out this section, not to exceed $15,000,000. a,THERMAL DISCHARGES "SEC. 316. (a) With respect to any point source otherwise subject to the provisions of section 301 or section 306 of this Act, whenever the owner or operator of any such source, after opportunitj for public hearing, can demonstrate to the satisfaction of the Administrator (or, if appropriate, the State) that any effluent limitation proposed for the control of the thermal component of any discharge from such source will require effluent limitations more stringent than necessary to assure the projection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on the body of water into which the discharge is to be made, the Administrator (or, if appropriate, the State) mav impose an effluent limitation under such sections for such plant, with respect to the thermal component of such discharge (taking into account the interaction of such thermal component with other pollutants), that will assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on that body of water. " ( b ) Any standard established pursuant to section 301 or section 306 of this Act and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact. "(c) Notwithstanding any other provision of this Act, any point source of a discharge having a thermal component, the modification of which point source is commenced after the date of enactment of Ante, p. 816. the Federal Water Pollution Control Act Amendments of 1972 and which, as modified, meets effluent limitations established under sec- tion 301 or, if more stringent, effluent limitations established under
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 877 section 303 and which effluent limitations will assure protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in or on the water into which the discharge is made, shall not be subject to any more stringent effluent limitation with respect to the thermal component of its discharge during a ten year period beginning on the date of completion of such modification or during the periwi of depreciation or amortization of such facility for the purpose of section 167 or 169 (or both) of the Internal Revenue Code of 1954, whichever period ends first. o/f^.^*cno^^' ' ^ 85 Stat. 508. 83 Stat. 667. "FINANCING STUDY 26 u s e 167, 169. "SEC. 317. (a) The Administrator shall continue to investigate and study the feasibility of alternate methods of financing the cost of preventing, controlling and abating pollution as directed in the Water Quality Improvement Act of 1970 (Public Law 91-224), including, IH^^^'^I^^ but not limited to, the feasibility of establishing a pollution abatement note. trust fund. The results of such investigation and study shall be Report to con- reported to the Congress not later than two years after enactment of ^'•^^^* this title, together with recommendations of the Administrator for financing the programs for preventing, controlling and abating pollu- tion for the fiscal years beginning after fiscal year 1976, including any necessary legislation. "(b) There is authorized to be appropriated for use in carrying out Appropriation. this section, not to exceed $1,000,000. "AQUACULTURE "SEC. 318. (a) The Administrator is authorized, after public hear- ings, to permit the discharge of a sj)ecific pollutant or pollutants under controlled conditions associated with an approved aquaculture proj- ect under Federal or State supervision. "(b) The Administrator shall by regulation, not later than Janu- ary 1, 1974, establish any procedures and guidelines he deems neces- sary to carry out this section. " T I T L E I V — P E R M I T S AND L I C E N S E S "CERTIFICATION "SEC. 401. (a) (1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution con- trol agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such dis- charge will comply with the applicable provisions of sections 301, 302, 306, and 307 of this Act. I n the case of any such activity for which there is not an applicable effluent limitation or other limitation under sections 301 (b) and 302, and there is not an applicable standard under sections 306 and 307, the State shall so certify, except that any such certification shall not be deemed to satisfy section 511(c) of this Act. Such State or interstate agency shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications. In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate
878 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. agency, or Administrator, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal apj)lication. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as provided in the preceding sentence. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Administrator, as the case may be. "(2) Upon receipt of such application and certification the licens- ing or permitting agency shall immediately notify the Administrator of such application and certification. Whenever such a discharge may affect, as determined by the Administrator, the quality of the waters of any other State, the Administrator within thirty days of the date of notice of application for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State determines that such discharge will affect the quality of its waters so as to violate any water quality requirement in such State, and within such sixty-day period notifies the Administrator and the licensing or permitting agency in writing of its objection to the issu- ance of such license or permit and requests a public hearing on such objection, the licensing or permitting agency shall hold such a hear- ing. The Administrator shall at such hearing submit his evaluation and recommendations with respect to any such objection to the licens- ing or permitting agency. Such agency, based upon the recommenda- tions of such State, the Administrator, and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as may be necessary to insure compliance with applicable water quality requirements. If the imposi- tion of conditions cannot insure such compliance such agency shall not issue such license or permit. "(3) The certification obtained pursuant to paragraph (1) of this subsection with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in con- nection with any other Federal license or permit required for the op- eration of such facility unless, after notice to the certifying State, agency, or Administrator, as the case may be, which shall be given by the Federal agency to whom application is made for such operating license or permit, the State, or if appropriate, the interstate agency or the Administrator, notifies such agency within sixty days after receipt of such notice that there is no longer reasonable assurance that there will be compliance with the applicable provisions of sections 301, 302, 306, and 307 of this Act because of changes since the con- struction license or permit certification was issued in (A) the con- struction or operation of the facility, (B) the characteristics of the Avaters into which such discharge is made, (C) the water quality criteria applicable to such waters or (D) applicable effluent limita- tions or other requirements. This paragraph shall be inapplicable in any case where the applicant for such operating license or permit has failed to provide the certifying State, or, if appropriate, the inter- state agency or the Administrator, with notice of any proposed changes in the construction or operation of the facility with respect to which a construction license or permit has been granted, which changes may result in violation of section 301, 302, 306, or 307 of this Act.
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 879 License sus- "(4) Prior to the initial operation of any federally licensed or pension. permitted facility or activity which may result in any discharge into the navigable waters and with respect to which a certification has been obtained pursuant to paragraph (1) of this subsection, which facility or activity is not subject to a Federal operating li- cense or permit, the licensee or permittee shall provide an oppor- tunity for such certifying State, or, if appropriate, the interstate agency or the Administrator to review the manner in which the facility or activity shall be operated or conducted for the purposes of assuring that applicable effluent limitations or other limitations or other applicable water quality requirements will not be violated. Upon notification by the certifying State, or if^ appropriate, the interstate agency or the Administrator that the operation of any such federally licensed or permitted facility or activity will violate applicable efflu- ent limitations or other limitations or other water quality require- ments such Federal agency may, after public hearing, suspend such license or permit. If such license or permit is suspended, it shall remain suspended until notification is received from the certifying State, agency, or Administrator, as the case may be, that there is reasonable assurance that such facility or activity will not violate the applicable provisions of section 301, 302, 306, or 307 of this Act. "(5) Any Federal license or permit with respect to which a cer- tification has been obtained under paragraph (1) of this subsection may be suspended or revoked by the Federal agency issuing such license or permit upon the entering of a judgment under this Act that such facility or activity has been operated in violation of the applicable provisions of section 301, 302, 306, or 307 of this Act. "(6) No Federal agency shall be deemed to be an applicant for the purposes of this subsection. "(7) Except with respect to a permit issued under section 402 of this Act, in any case where actual construction of a facility has been lawfully commenced prior to April 3, 1970, no certification shall be required under this subsection for a license or permit issued after April 3, 1970, to operate such facility, except that any such license or permit issued without certification shall terminate April 3, 1973, unless prior to such termination date the person having such license or permit submits to the Federal agency which issued such license or permit a certification and otherwise meets the requirements of this section. " ( b ) Nothing in this section shall be construed to limit the author- ity of any department or agency pursuant to any other provision of law to require compliance with any applicable water quality require- ments. The Administrator shall, upon the request of any Federal department or agency, or State or interstate agency, or applicant, pro- vide, for the purpose of this section, any relevant information on applicable effluent limitations, or other limitations, standards, regula- tions, or requirements, or water quality criteria, and shall, when requested by any such department or agency or State or inter-state agency, or applicant, comment on any methods to comply with such limitations, standards, regulations, requirements, or criteria. " (c) I n order to implement the provisions of this section, the Secre- tary of the xA.rmy, acting through the Chief of Engineers, is authorized, if he deems it to be in the public interest, to permit the use of spoil disposal areas under his jurisdiction by Federal licensees or per- mittees, and to make an appropriate charge for such use. Moneys received from such licensees or permittees shall be deposited in the Treasury as miscellaneous receipts. " ( d ) Any certification provided under this section shall set forth any effluent limitations and other limitations, and monitoring require-
880 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. ments necessaiy to assure that any applicant for a Federal license or permit will comply with any applicable effluent limitations and other limitations, under section 301 or 302 of this Act, standard of per- formance under section 306 of this Act, or prohibition, effluent stand- ard, or pretreatment standard under section 307 of this Act, and with any other appropriate requirement of State law set forth in such certification, and shall become a condition on any Federal license or permit subject to the provisions of this section. a NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Permits, i s s u - "SEC. 402. ( a ) ( 1 ) Except as provided in sections 318 and 404 of this Act, the Administrator may, after opportunity for public hearing, issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding section 301(a), upon condition that such discharge will meet either all applicable requirements under sections 301, 302, 306, 307, 308, and 403 of this Act, or prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this Act. " (2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. (3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section. "(4) All permits for discharges into the navigable watere issued 30 Stat. 1152. pursuant to section 13 of the Act of March 3,1899, shall be deemed to 33 u s e 407. be permits issued under this title, and permits issued under this title shall be deemed to be permits issued under section 13 of the Act of March 3, 1899, and shall continue in force and effect for their term unless I'evoked, modified, or suspended in accordance with the pro- visions of this Act. "(5) No permit for a discharge into the navigable waters shall be issued under section 13 of the Act of March 3, 1899, after the date of enactment of this title. Each application for a per-mit under section 13 of the Act of March 3, 1899, pending on the date of enactment of this Act shall be deemed to be an application for a permit under this section. The Administrator shall authorize a State, which he deter- mines has the capability of administering a permit program which will carry out the objective of this Act, to issue peiTnits for discharges into the navigable waters within the jurisdiction of such State. The Administrator may exercise the authority granted him bv the pre- ceding sentence only during the period which begins on the date of enactment of this Act and ends either on the ninetieth day after the date of the first promulgation of guidelines required by section 304 (h) (2) of this Act, or- the date of approval by the Administrator of a permit program for such State under subsection (b) of this sec- tion, whichever dat« first occurs, and no such authorizntion to a State shall extend beyond the last day of such period. Each such permit shall be subject to such conditions as the Administrator de^^ermines are necessarv to carry out the provisions of this Act. No such permit shall issue if the Administrator objects to such issuance. State permit " (b) A t any time after the promulgation of the guidelines required programs. by subsection (h) (2) of section 304 of this Act, the Governor of each State desiring to administer its own permit program for discharges
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 «81 into navigable waters within its jurisdiction may submit to the Admin- istrator a full and complete description of the program it proposes to establish and administer under State law or under an interstate compact. I n addition, such State shall submit a statement from the attorney general (or the attorney for those State water pollution con- trol agencies which have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. The Admin- jif^^^g""^^''°"" istrator shall approve each such submitted program unless he deter- mines that adequate authority does not exist: " (1) To issue permits which— " (A) apply, and insure compliance with, any applicable require- ments of sections 301,302,306,307, and 403; " ( B ) are for fixed terms not exceeding five years; and , ^ > " ( C ) can be terminated or modified for cause including, but not limited to, the following: " ( i ) violation of any condition of the permit; "(ii) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; " (iii) change in any condition that requires either a tempo- rary or permanent reduction or elimination of the permitted discharge; " ( D ) control the disposal of pollutants into wells; " (2) (A) To issue permits which apply, and insure compliance with, all applicable requirements of section 308 of this Act, or " ( B ) To inspect, monitor, enter, and require reports to at least the same extent as required in section 308 of this Act; "(3) To insure that the public, and any other State the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application; " (4) To insure that the Administrator receives notice of each appli- cation (including a copy thereof) for a permit; "(5) To insure that any State (other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State (and the Adminis- trator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recommenda-, .. ,.* tions together with its reasons for so doing; .-;i> - t-u "(6) To insure that no permit will be issued if, in the judgment of the Secretary of the Army acting through the Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired thereby; "(7) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement; "(8) To insure that any permit for a discharge from a publicly owned treatment works includes conditions to require adequate notice to the permitting agency of (A) new introductions into such works of pollutants from any source which would be a new source as defined in section 306 if such source were discharging pollutants, (B) new introductions of pollutants into such works from a source which would be subject to section 301 if it were discharging such pollutants, or (C) a substantial change in volume or character of pollutants being introduced into such works by a source introducing pollutants into
882 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. such works at the time of issuance of the permit. Such notice shall include information on the quality and quantity of effluent to be introduced into such treatment worKs and any anticipated impact of such change in the quantity or quality of effluent to be discharged from such publicly owned treatment works; and "(9) To insure that any industrial user of any publicly owned treatment works will comply with sections 204(b), 307, and 308. " (c) (1) Not later than ninety days after the date on which a State has submitted a program (or revision thereof) pursuant to subsec- tion (b) of this section, the Administrator shall suspend the issuance of permits under subsection (a) of this section as to those navigable waters subject to such program unless he determines that the State permit program does not meet the requirements of subsection (b) of this section or does not conform to the guidelines issued under section 304(h) (2) of this Act. If the Administrator so determines, he shall notify the State of any revisions or modifications necessary to con- form to such requirements or guidelines. "(2) Any State permit program under this section shall at all times be in accordance with this section and guidelines promulgated pursuant to section 304 (h) (2) of this Act. State permit "(3) Whenever the Administrator determines after public hearing program, approval withdrawal. that a State is not administering a program approved under this sec- tion in accordance with requirements of this section, he shall so notify the State and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such program unless he shall first have notified the State, and made public, m writing, the reasons for such withdrawal. Administrator, " ( d ) (1) Each State shall transmit to the Administrator a copy of notification. each permit application received by such State and provide notice to the Administrator of every action related to the consideration of such permit application, including each permit proposed to be issued by such State. "(2) No permit shall issue (A) if the Administrator within ninety days of the date of his notification under subsection (b) (5) of this section objects in writing to the issuance of such permit, or (B) if the Administrator within ninety days of the date of transmittal of the proposed permit by the State objects in writing to the issuance of such permit as being outside the guidelines and requirements of this Act. Waiver "(3) The Administrator may, as to any permit application, waive authority. paragraph (2) of this subsection. "(e) I n accordance with guidelines promulgated pursuant to sub- section (h) (2) of section 304 of this Act, the Administrator is author- ized to waive the requirements of subsection (d) of this section at the time he approves a program pursuant to subsection (b) of this section for any category (including any class, type, or size within such category) of point sources within the State submitting such program. Point sources, "(f) The Administrator shall promulgate regulations establishing categories. categories of point sources which he determines shall not be subject to the requirements of subsection (d) of this section in any State with a program approved pursuant to subsection (b) of this section. The Administrator may distinguish among classes, types, and sizes within any category of point sources. " ( g ) Any permit issued under this section for the discharge of pol- lutants into the navigable waters from a vessel or other floating craft shall be subject to any applicable regulations promulgated by the Secretary of the department in which the Coast Guard is operating,
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 883 establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants. " ( h ) I n the event any condition of a permit for discharges from a treatment works (as defined in section 212 of this Act) which is jjublicly owned is violated, a State with a program approved under subsection (b) of this section or the Administrator, where no State program is approved, may proceed in a court of competent jurisdiction to restrict or prohibit the introduction of any pollutant into such treatment works by a source not utilizing such treatment works prior to the finding that such condition was violated. "(i) Nothmg in this section shall be construed to limit the author- ity of the Administrator to take action pursuant to section 309 of this Act. "(j) A copy of each permit application and each permit issued tion. Public informa- under this section shall be available to the public. Such permit appli- cation or permit, or portion thereof, shall further be available on request for the purpose of reproduction. " (k) Compliance with a permit issued pui-suant to this section shall be deemed compliance, for purposes of sections 309 and 505, with sec- tions 301, 302, 306, 307, and 403, except any standard imposed under section 307 for a toxic pollutant injurious to human health. Until December 31, 1974, in any case where a permit for discharge has been applied for pursuant to this section, but final administrative disposition of such application has not been made, such discharge shall not be a violation of (1) section 301, 306, or 402 of this Act, or (2) section 13 of the Act of March 3, 1899, unless the Administrator or other plain- 30 Stat. 1152. 33 u s e 407. tiff proves that final administrative disposition of such application has not been made because of the failure of the applicant to furnish infor- mation reasonably required or requested in order to process the applica- tion. For the 180-day period beginning on the date of enactment of the Federal Water Pollution Control Act Amendments of 1972, in the case Ante, p. 816. of any point source discharging any pollutant or combination of pol- lutants immediately prior to such date of enactment which source is not subject to section 13 of the Act of March 3, 1899, the discharge by such source shall not be a violation of this Act if such a source applies for a permit for discharge pursuant to this section within such 180-day period. "OCEAN DISCHARGE CRITERIA "SEC. 403. (a) No permit under section 402 of this Act for a discharga into the territorial sea, the waters of the contiguous zone, or the oceans shall be issued, after promulgation of guidelines established under sub- section (c) of this section, except in compliance with such guidelines. Prior to the promulgation of such guidelines, a permit may be issued under such section 402 if the Administrator determines it to be in the public interest. "(b) The requirements of subsection (d) of section 402 of this Act may not be waived in the case of permits for discharges into the territorial sea. "(c) (1) The Administrator shall, within one hundred and eighty Guidelines. days after enactment of this Act (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the territorial seas, the contiguous zone, and the oceans, which shall include: " ( A ) the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wild- life, shorelines, and beaches; " ( B ) the effect of disposal of pollutants on marine life includ- ing the transfer, concentration, and dispersal of pollutants or their
884 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes; "(C) the effect of disposal, of pollutants on esthetic, recreation, and economic values; "(D) the persistence and permanence of the effects of disposal of pollutants; "(E) the effect of the disposal at varying rates, of particular volumes and concentrations of pollutants; "(F) other possible locations and methods of disposal or recy- cling of pollutants including land-based alternatives; and "(G) the effect on alternate uses of the oceans, such as mineral exploitation and scientific study. Prohibition. " (2) In any event where insufficient information exists on any pro- posed discharge to make a reasonable judgment on any of the s i d e - lines established pursuant to this subsection no permit shall be issued under section 402 of this Act. a PERMITS FOR DREDGED OR FILL MATERIAL Notice, hearing "SEC. 404. (a) The Secretary of the Army, acting through the Chief opportunity. of Engineers, may issue permits, after notice and opportunity for public nearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. "(b) Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary of the Anny (1) through the application of guidelines developed by the Adminis- trator, in conjunction with the Secretary of the Army, which s i d e - lines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under section 403(c), and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the applica- tion additionally of the economic impact of the site on navigation and anchorage. Disposal site, "(c) The Administrator is authorized to prohibit the specification specification prohibition. (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specifica- tion) as a disposal site, whenever he determines, after notice and oppor- tunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. Before making such determination, the Administrator shall consult with the Secretary of Findings of Administrator, the Army. The Administrator shall set forth in writing and make publication. public his findings and his reasons for making any determination under this subsection. 'DISPOSAL o r SEWAGE SLUDGE "SEC. 405. (a) Notwithstanding any other provision of this Act or of any other law, in any case where the disposal of sewage sludge resulting from the operation of a treatment works as defined in section 212 of this Act (incfuding the removal of in-place sewage sludge from one location and its deposit at another location) would result in any pollutant from such sewage sludge entering the navigable waters, such disposal is prohibited except m accordance with a permit issued by the Administrator under this section.
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 885 " ( b ) The Administrator shall issue regulations governing the Permit i s s u a n c e , regulations. issuance of permits for the disposal of sewage sludge subject to this sec- tion. Such regulations shall require the application to such disposal of each criterion, factor, procedure, and requirement applicable to a permit issued under section 402 of this title, as the Administrator determines necessary to carry out the objective of this Act. "(c) Each State desiring to administer its own permit program State permit program. for disposal of sewage sludge within its jurisdiction may do so if upon submission of such program the Administrator determines such pro- gram is adequate to carry out the objective of this Act. "TITLE V—GENERAL PROVISIONS U ADMINISTRATION "SEC. 501. (a) The Administrator is authorized to prescribe such Regulations. regulations as are necessary to carry out his functions under this Act. " ( b ) The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as may be found necessary to assist in carrying out the purposes of this Act. "(c) Each recipient of financial assistance under this Act shall Recordkeeping. keep such records as the Administrator shall prescribe, including rec- ords which fully disclose the amount and disposition by such recipi- ent of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or under- taking supplied by other sources, and such other records as will facili- tate an effective audit. " ( d ) The Administrator and the Comptroller Greneral of the Audit. Ignited States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this Act. " (e) (1) I t is the purpose of this subsection to authorize a program which will provide official recognition by the United States Govern- ment to those industrial organizations and political subdivisions of States which during the preceding year demonstrated an outstanding technological achievement or an innovative process, method, or device in their waste treatment and pollution abatement programs. The Application, regulations. Administrator shall, in consultation with the appropriate State water pollution control agencies, establish regulations under which such recognition may be applied for and granted, except that no applicant shall be eligible for an award under this subsection if such applicant is not in total compliance with all applicable water quality require- ments under this Act, or otherwise does not have a satisfactory record with respect to environmental quality. "(2) The Administrator shall award a certificate or plaque of suit- able design to each industrial organization or political subdivision which qualifies for such recognition under regulations established under this subsection. "(3) The President of the laiited States, the Governor of the Publication in Federal Register. appropriate State, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall be notified of the award by the Administrator and the awarding of such recognition shall be published in the Federal Register. "(f) Upon the request of a State water pollution control agency, EPA personnel, detail to State personnel of the Environmental Protection Agency may be detailed to agencies. such agency for the purpose of carrying out the provisions of this Act.
886 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "GENERAL DEFII^ITIONS "SEC. 502. Except as otherwise specifically provided, when used in this Act: "(1) The term 'State water pollution control agency' means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution. "(2) The term 'interstate agency' means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator. "(3) The term State'means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. "(4) The term 'municipality' means a city, town, borough, county, parish, district, association, or other public body created by or pur- suant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of this Act. "(5) The term'person' means an individual, corporation, partner- ship, association. State, municipality, commission, or political subdi- vision of a State, or any interstate body. " (6) The term 'pollutant' means dredged spoil, solid waste, incinera- tor residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) 'sewage from vessels' within the meaning of section 312 of this Act; or (B) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in asso- ciation with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources. "(7) The term 'navigable waters' means the waters of the TTnited States, including the territorial seas. " (8) The term 'territorial seas' means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles. "(9) The term 'contiguous zone' means the entire zone established or to be established by the United States under article 24 of the Con- is usT 1606. vention of the Territorial Sea and the Contiguous Zone. "(10) The term 'ocean' means any portion of the iiigh seas beyond the contiguous zone. " (11) The term 'effluent limitation' means any restriction established by a State or the Administrator on quantities, rates, and concentrations oi chemical, physical, biological, and other constituents which are dis- charged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance. " (12) The term 'discharge of a pollutant' and the term 'discharge of pollutants' each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to tlie waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 887 "(13) The term 'toxic pollutant' means those pollutants, or com- binations of pollutants, including disease-causing agents, which after discharge and u{)on exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information avail- able to the Administrator, cause death, disease, behavioral abnormali- ties, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. "(14) The term 'point source' means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. "(15) The term 'biological monitoring' shall mean the determina- tion of the effects on aquatic life, including accumulation of pollut- ants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and locations. "(16) The term 'discharge' when used without qualification includes a discharge of a pollutant, and a discharge of pollutants. "(17) The term 'schedule of compliance' means a schedule of reme- dial measures including an enforceable sequence of actions or opera- tions leading to compliance with an effluent limitation, other limitation, prohibition, or standard. "(18) The term 'industrial user' means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category 'Divi- sion T)—Manufacturing' and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate. "(19) The term 'pollution' means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. "WATER POLLUTION CONTROL ADVISORY BOARD "SEC. 503. (a) (1) There is hereby established in the Environmental ^^Jl^^^l^^"'^'^^' Protection Agency a Water Pollution Control Advisory Board, com- membership. posed of the Administrator or his designee, who shall be Chairman, and nine members appointed by the President, none of whom shall be Federal officers or employees. The appointed members, having due regard for the purposes of this Act, shall be selected from among rep- resentatives of various State, interstate, and local governmental agen- cies, of public or private interests contributing to, affected by, or concerned with pollution, and of other public and private agencies, organizations, or groups demonstrating an active interest in the field of pollution prevention and control, as well as other individuals who are expert in this field. " (2) (A) Each member appointed by the President shall hold office for a term of three years, except that (i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of the members first taking office after June 30,1956, shall expire as follows: three at the end of one year after such date, three at the end of two years after such date, and three at the end of three years after such date, as designated by the President at the time of appointment, and (iii) the term of any member under
888 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. the preceding provisions shall be extended until the date on which his successor's appointment is effective. None of the members appointed by the President shall be eligible for reappointment within one year after the end of his preceding term. Compensation. " ( B ) The members of the Board who are not officers or employees of the United States, while attending conferences or meetings of the Board or while otherwise serving at the request of the Administrator, shall be entitled to receive compensation at a rate to be fixed by the Administrator, but not exceeding $100 per diem, including travel- time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of 80 Stat. 499; subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the 83 Stat. 190. 5 u s e 5703, Government service employed intermittently. 5707 and notes. "(b) The Board shall advise, consult with, and make recommenda- tions to the Administrator on matters of policy relating to the activ- ities and functions of the Administrator under this Act. "(c) Such clerical and technical assistance as may be necessary to discharge the duties of the Board shall be provided from the per- sonnel of the Environmental Protection Agency. "EMERGENCY POWERS "SEC. 504. Notwithstanding any other provision of this Act, the Administrator upon receipt of evidence that a pollution source or com- bination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the dis- charge of pollutants causing or contributing to such pollution or to take such other action as may be necessary. ii CITIZEN SUITS "SEC. 505. (a) Except as provided in subsection (b) of this section, any citizen may commence a civil action on his own behalf— "(1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the u s e prec. extent permitted by the eleventh amendment to the Constitution) title 1. who is alleged to be in violation of (A) an effluent standard or limitation under this Act or (B) an order issued by the Admin- istrator or a State with respect to such a standard or limitation, or "(2) against the Administrator where there is alleged a fail- ure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator. District court The district courts shall have jurisdiction, without regard to the jurisdiction. amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under section 309 (d) of this Act. Notice and "(b) No action may be commenced— filing. "(1) under subsection (a) (1) of this section— " (A) prior to sixty days after the plaintiff has given notice of the alleged violation (i) to the Administrator, (ii) to the State in which the alleged violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or " ( B ) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court ee - a? - n f-i.
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 889 of the United States, or a State to require compliance \vitli the standard, limitation, or order, but in any such action in a court of the United States any citizen may intervene as a matter of right. "(2) under subsection (a) (2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator, except that such action may be brought immediately after such noti- fication in the case of an action under this section respecting a violation of sections 306 and 307(a) of this Act. Notice under this subsection Notice, regula- tion. shall be given in such manner as the Administrator shall prescribe by regulation. "(c) (1) Any action respecting a violation by a discharge source of an effluent standard or limitation or an order respecting such standard or limitation may be brought under this section only in the judicial district in which such source is located. "(2) In such action under this section, the Administrator, if not a party, may intervene as a matter of right. " ( d ) The court, in issuing any final order in any action brought pur- Litigation costs. suant to this section, may aveard costs of litigation (including reason- able attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. The court may, if a tem- porary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Fed- eral Rules of Civil Procedure. 28 u s e app. "(e) Xothing in this section shall restrict any right which any per- son (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard or limitation or to seek any other relief (including relief against the Administrator or a State agency). "(f) For purposes of this section, the term 'effluent standard or limi- g^g^^"];^^"^',. j . tation under this Act' means (1) effective July 1,1973, an unlawful act t\tU)n^Lnde^ tM^ under subsection (a) of section 301 of this Act; (2) an effluent limita- Act." tion or other limitation under section 301 or 302 of this Act; (3) stand- ard of performance under section 306 of this Act; (4) prohibition, effluent standard or pretreatment standards under section 307 of this Act; (5) certification under section 401 of this Act; or (6) a permit or condition thereof issued under section 402 of this Act, which is in effect under this Act (including a requirement applicable by reason of sec- tion 313 of this Act). " ( g ) For the purposes of this section the term 'citizen' means a per- 'Citizen," son or persons having an interest which is or may be adversely affected. " ( h ) A Governor of a State may commence a civil action under sub- State Governor, civil action. section ( a ) , without regard to the limitations of subsection (b) of this section, against the Administrator where there is alleged a failure of the Administrator to enforce an effluent standard or limitation under this Act the violation of which is occurring in another State and is causing an adverse effect on the public health or welfare in his State, or is causing a violation of any water quality requirement in his State. ((APPEARANCE "SEC. 506. The Administrator shall request the Attorney General to appear and represent the United States in any civil or criminal action instituted under this Act to which the Administrator is a party. Unless the Attorney General notifies the Administrator within a reasonable time, that he will appear in a civil action, attorneys who are officers or employees of the Environmental Protection Agency shall appear and i-epresent the United States in such action.
890 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. "EMPLOYEE PROTECTIOX "SEC. 507. (a) No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this Act, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act. " ( b ) Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any per- son in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary of Labor for a review of such firing or alleged discrimination. A copy of the application shall be sent to such person who shall be the respond- Review; hearing ent. Upon receipt of such application, the Secretary of Labor shall opportunity. cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to such alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and 80 Stat. 384. shall be subject to section 554 of title 5 of the United States Code. Upon receiving the report of such investigation, the Secretary of Labor shall make findings of fact. If he finds that such violation did occur, he shall issue a decision, incorporating an order therein and his findings, requiring the party committing such violation to take such affirmative action to abate the violation as the Secretary of Labor deems appropriate, including, but not limited to, the rehiring or rein- statement of the employee or representative of employees to his former position with compensation. If he finds that there was no such viola- Judicial review. tion, he shall issue an order denying the application. Such order issued by the Secretary of Labor under this subparagraph shall be subject to judicial review in the same manner as orders and decisions of the Administrator are subject to judicial review under this Act. "(c) Whenever an order is issued under this section to abate such violation, at the request of the applicant, a sum equal to the aggre- gate amount of all costs and expenses (including the attorney's fees), as determined by the Secretary of Labor, to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the per- son committing such violation. " ( d ) This section shall have no application to any employee who, acting without direction from his employer (or his agent) deliberately violates any prohibition of effluent limitation or other limitaton under section 301 or 302 of this Act, standards of performance under sec- tion 306 of this Act, effluent standard, prohibition or pretreatment standard under section 307 of this Act, or any other prohibition or limitation established under this Act. Employment "(e) The Administrator shall conduct continuing evaluations of reduction, inves- tigation. potential loss or shifts of employment which may result from the issuance of any effluent limitation or order under this Act, including, where appropriate, investigating threatened plant closures or reduc- tions in employment allegedly resulting from such limitation or order. Any employee who is discharged or laid-off, threatened with discharge or lay-off, or otherwise discriminated against by any person because of the alleged results of any effluent limitation or order issued under this Act, or any representative of such employee, may request the Admin- istrator to conduct a full investigation of the matter. The Administra-
86 STAT.] PUBLIC LAW 92-500-OCT. 18, 1972 891 tor shall thereupon investigate the matter and, at the request of any Public hearings party, shall hold public hearings on not less than five days notice, and shall at such hearings require the parties, including the emploj^er involved, to present information relating to the actual or potential effect of such limitation or order on employment and on any alleged discharge, lay-off, or other discrimination and the detailed reasons or •justification therefor. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. Upon 80 Stat. 384. receiving the report of such investigation, the Administrator shall make findings of fact as to the effect of such effluent limitation or order on employment and on the alleged discharge, lay-off, or discrim- ination and shall make such recommendations as he deems appro- Information, priate. Such report, findings, and recommendations shall be available availability. to the public. Nothing in this subsection shall be construed to require or authorize the Administrator to modify or withdraw any effluent limitation or order issued under this Act. u FEDERAL PROCUREMENT "SEC. 508. (a) No Federal agency may enter into any contract with Prohibition. any person, who has been convicted of any offense under section 309 (c) of this Act, for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the viola- tion which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected. " ( b ) The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section. "(c) I n order to implement the purposes and policy of this Act to Implementation, Presidential protect and enhance the quality of the Nation's water, the President order. shall, not more than one hundred and eighty days after enactment of this Act, cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or con- tract to effectuate the purpose and policy of this Act in such contract- ing or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement. " ( d ) The President may exempt any contract, loan, or grant from Exemption, noti- fication to Con- all or part of the provisions of this section where he determines such gress. exemption is necessary in the paramount interest of the Ignited States and he shall notify the Congress of such exemption. "(e) The President shall annually report to the Congress on meas- Annual report to Congress. ures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance. "ADMINISTRATIVE PROCEDURE AND .JUDICIAL REVIEW Administrator, "SEC. 509. (a) (1) For purposes of obtaining information under sec- subpena power. tion 305 of this Act, or carrying out section 507(e) of this Act, the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and docu- ments, and he may administer oaths. Except for effluent data, upon Trade secrets, a showing satisfactory to the Administrator that such papers, books, protection. documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes, the Administrator
892 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. shall consider such record, report, or information or particular por- tion thereof confidential in accordance with the purposes of section 62 Stat. 791, 1905 of title 18 of the LTnited States Code, except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States con- cerned with carrying out this Act, or when relevant in any proceeding Witnesses. under this Act. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any per- son under this subsection, the district court of the United States for any district in which such person is found or resides or transacts busi- ness, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator, to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be pun- ished by such court as a contempt thereof. U.S. district "(2) The district courts of the United States are authorized, upon courts, subpenas. application by the Administrator, to issue subpenas for attendance and testimony of witnesses and the production of relevant papers, books, and documents, for purposes of obtaining information under sections 304 (b) and (c) of this Act. Any papers, books, documents, or other information or part thereof, obtained by reason of such a subpena shall be subject to the same requirements as are provided in paragraph (1) of this subsection. Judicial review. " (b)(1) Eeview of the Administrator's action (A) in promulgating any standard of performance under section 306, (B) in making any determination pursuant to section 306(b) (1) ( C ) , (C) in promulgat- ing any effluent standard, prohibition, or treatment standard under section 307, (D) in making any determination as to a State permit program submitted under section 402(b), (E) in approving or pro- mulgating any effluent limitation or other limitation under section 301, 302, or 306, and ( F ) in issuing or denying any permit under sec- tion 402, may be had by any interested person in the Circuit Court of Appeals of the United States for the Federal judicial district in which such person resides or transacts such business upon application by such person. Any such application shall be made within ninety days from the date of such determination, approval, promulgation, issuance or denial, or after such date only if such application is based solely on grounds which arose after such ninetieth day. "(2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) of this subsection shall not be subject to judicial review m any civil or criminal proceeding for enforcement. Additional evidence; new "(c) I n any judicial proceeding brought under subsection (b) of findings. this section in which review is sought of a determination under this Act required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce addi- tional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new finding, and his recom- mendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.
86 STAT. ] PUBLIC LAW 92-500-OGT. 18, 1972 893 "STATE AUTHORITY "SEC. 510. Except as expressly provided in this Act, nothing in this Act shall (1) preclude or deny the right of any State or political sub- division thereof or interstate agency to adopt or enforce (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; except that if an effluent limitation, or other limitation, effluent standard, prohibi- tion, pretreatment standard, or standard of performance is in effect under this Act, such State or political subdivision or interstate agency may not adopt or enforce any effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance which is less stringent than the effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance under this Act; or (2) be construed as impair- ing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States. li OTHER AFFECTED A U T H O R I T Y "SEC. 511. (a) This Act shall not be construed as (1) limiting the authority or functions of any officer or agency of the United States ' ''** -^ under any other law or regulation not inconsistent with this Act; (2) affecting or impairing the authority of the Secretarv of the Army (A) to maintain navigation or (B) under the Act of March 3, 1899 (30 Stat. 1112); except that any permit issued under section 404 of this Act shall be conclusive as to the effect on water quality of any discharge resulting from any activity subject to section 10 of the Act of March 3, 1899, or (3) affecting or impairing the provisions of any 3o stat. nsi. treaty of the United States. " "^"^ ^°'- " ( b ) Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and the Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 441^51b) shall be regulated pursuant to this Act, and not subject 72 stat. 970. to such Act of 1910 and the Act of 1888 except as to effect on naviga- tion and anchorage. " ( c ) ( 1 ) Except for the provision of Federal financial assistance for the purpose of assisting the construction of publicly owned treat- ment works as authorized by section 201 of this Act, and the issuance of a permit under section 402 of this Act for the discharge of any .. . 1 pollutant by a new source as defined in section 306 of this Act, no action of the Administrator taken pursuant to this Act shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852); and _42 use 4321 "(2) Nothing in the National Environmental Policy Act of 1969 n o t e . (83 Stat. 852) shall be deemed to— " ( A ) authorize any Federal agency authorized to license or permit the conduct of any activity which may result in the dis- charge of a pollutant into the navigable waters to review any effluent limitation or other requirement established pursuant to this Act or the adequacy of any certification under section 401 of this Act; or " ( B ) authorize any such agency to impose, as a condition prece- dent to the issuance of any license or permit, any effluent limita- tion other than any such limitation established pursuant to tliis Act.
894 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. 'SEPARABILITY "SEC. 512. If any provision of this Act, or the application of any pro- vision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. uLABOR STANDARDS "SEC. 513. The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by con- tractors or subcontractors on treatment works for which grants are made under this Act shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the 49 Stat. 1011; Davis-Bacon Act (46 Stat. 1494; 40 TJ.S.C, sec. 276a through 276a-5). 78 Stat. 2 3 8 . The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in 64 Stat. 1267. Keorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 63 Stat. 108. 276c). "PUBLIC HEALTH AGENCY COORDINATION "SEC. 514. The permitting agency under section 402 shall assist the applicant for a permit under such section in coordinating the require- ments of this Act with those of the appropriate public health agencies. "EFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY COMMITTEE Establishment; membership. "SEC. 515. (a) (1) There is established on Effluent Standards and Water Quality Information Advisory Committee, which shall be com- posed of a Chairman and eight members who shall be appointed by the Administrator within sixty days after the date of enactment of this Act. "(2) All members of the Committee shall be selected from the scien- tific community, qualified by education, training, and experience to provide, assess, and evaluate scientific and technical information on effluent standards and limitations. Term. "(3) Members of the Committee shall serve for a term of four years, and may be reappointed. Proposed regu- l a t i o n s , public " ( b ) ( 1 ) No later than one hundred and eighty days prior to the hearing. date on which the Administrator is required to publish any proposed regulations required by section 304(b) of this Act, any proposed standard of performance for new sources required by section 306 of this Act, or any proposed toxic effluent standard required by section 307 of this Act, he shall transmit to the Committee a notice of intent to propose such regulations. The Chairman of the Committee within ten days after receipt of such notice may publish a notice of a public hearing by the Committee, to be held within thirty days. "(2) No later than one hundred and twenty days after receipt of such notice, the Committee shall transmit to the Administrator such scientific and technical information as is in its possession, including that presented at any public hearing, related to the subject matter contained in such notice. "(3) Information so transmitted to the Administrator shall con- stitute a part of the administrative record and comments on any pro- posed regulations or standards as information to be considered with other comments and information in making any final determinations.
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 895 "(4) In preparing information for transmittal, the Conmiittee shall avail itself of the technical and scientific services of any Federal agency, including the United States Geological Survey and any national environmental laboratories which may be established. "(c) (1) The Committee shall appoint and prescribe the duties of a Secretary; legal counsel. Secretary, and such legal counsel as it deems necessary. The Commit- tee shall appoint such other employees as it deems necessary to exercise and fulfill its powers and responsibilities. The compensation of all employees appointed by the Committee shall be fixed in accordance with chapter 51 and subchapter I I I of chapter 53 of title V of the 5 u s e 5101, United States Code. 5331. "(2) Members of the Committee shall be entitled to receive com- pensation at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade G S - 1 8 , ^ s provided in the General Schedule under section 5332 of title V of the United States Code. " ( d ) Five members of the Committee shall constitute a quorum, and Quorum. official actions of the Committee shall be taken only on the affirmative vote of at least five members. A special panel composed of one or more members upon order of the Committee shall conduct any hearing authorized by this section and submit the transcript of su.ch hearing to the entire Committee for its action thereon. "(e) The Committee is authorized to make such rules as are neces- Rules. sary for the orderly transaction of its business. REPORTS TO CONGRESS "SEC. 516. (a) Within ninety days following the convening of each session of Congress, the Administrator shall submit to the Congress a report, in addition to any other report required by this Act, on measures taken toward implementing the objective of this Act, includ- ing, but not limited to, (1) the progress and problems associated with developing comprehensive plans under section 102 of this Act, area- wide plans under section 208 of this Act, basin plans under section 209 of this Act, and plans under section 303(e) of this Act: (2) a summary of actions taken and results achieved in the field of water pollution control research, experiments, studies, and related matters by the Administrator and other Federal agencies and by other persons and agencies under Federal grants or contracts; (3) the progress and problems associated with the development of effluent limitations and recommended control techniques; (4) the status of State pro- grams, including a detailed summary of the progress obtained as compared to that planned under State program plans for development and enforcement of water quality requirements; (5) the identification and status of enforcement actions pending or completed under such Act during the preceding year; (6) the status of State, interstate, and local pollution control programs established pursuant to, and assisted by, this Act; (7) a summary of the results of the survey required to be taken under section 210 of this Act; (8) his activities including recom- mendations under sections 109 through 111 of this Act; and (9) ail reports and recommendations made by the Water Pollution Control Advisory Board. "(b) The Administrator, in cooperation with the States, including water pollution control agencies and other water pollution control planning agencies, shall make (1) a detailed estimate of the cost of carrying out the provisions of this Act; (2) a detailed estimate, bien- nially revised, of the cost of construction of all needed publicly owned treatment works in all of the States and of the cost of construction of all needed publicly owned treatment works in each of the States; (3) a comprehensive study of the economic impact on affected units of gov-
896 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. ernment of the cost of installation of treatment facilities; and (4) a comprehensive analysis of the national requirements for and the cost of treating municipal, industrial, and other effluent to attain the water quality objectives as established by this Act or applicable State law. The Administrator shall submit such detailed estimate and such com- prehensive study of such cost to the Congress no later than February 10 of each odd-numbered year. Whenever the Administrator, pursuant to this subsection, requests and receives an estimate of cost from a State, he shall furnisn copies of such estimate together with such detailed estimate to Congress. "GENERAL AUTHORIZATION "SEC. 517. There are authorized to be appropriated to carry out this Act, other than sections 104, 105, 106(a), 107, 108, 112, 113, 114, 115, 206,207,208 (f) and ( h ) , 209, 304, 311 (c), ( d ) , (i), ( l ) , a n d (k),314, 315, and 317, $250,000,000 for the fiscal year ending June 30, 1973, $300,000,000 for the fiscal year ending June 30,1974, and $350,000,000 for the fiscal year ending June 30,1975. "SHORT TITLE "SEC. 518. This Act may be cited as the 'Federal Water Pollution Control Act'." AUTHORIZATIONS FOR FISCAL YEAR 197 2 SEC. 3. (a) There is authorized to be appropriated for the fiscal year ending June 30, 1972, and to exceed $11,000,000 for the purpose of carrying out section 5(n) (other than for salaries and related expenses) of the Federal Water Pollution Control Act as it existed immediately prior to the date of the enactment of the Federal Water 33 use n 5^5 Pollution Control Act Amendments of 1972. (b) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1972, and to exceed $350,000,000 for the purpose of making grants under section 8 of the Federal Water Pollution Con- trol Act as it existed immediately prior to the date of the enactment 8oltal!\"248^' of the Federal Water Pollution Control Act Amendments of 1972. Ante, p. 48, ' (c) The Federal share of all grants made under section 8 of the 33 use 1158. Federal Water Pollution Control Act as it existed immediately prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 from sums herein and heretofore authorized for the fiscal year ending June 30, 1972, shall be that authorized by section 202 of such Act as established by the Federal Water Pollution Ante. p. 834. Coutrol Act Amendments of 1972. (d) Sums authorized bj^ this section shall be in addition to any amounts heretofore authorized for such fiscal year for sections 5(n) and 8 of the Federal Water Pollution Control Act as it existed imme- diately prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972. SAVINGS PROVISION SEC. 4. (a) Xo suit, action, or other proceeding lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under the Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act shall abate by reason of the taking effect of the amendment made by section Ante, p. 816. 2 of tliis Act. The court may, on its own motion or that of any party
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 897 made at any time within twelve months after such taking effect, allow the same to be maintained by or against the Administrator or such officer or employee. (b) All rules, regulations, orders, determinations, contracts, certifi- cations, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to the Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act, o/str^'gi^'*' and pertaining to any functions, powers, requirements, and duties 33 use 1151 under the Federal Water Pollution Control Act as in effect immedi- n°te. ately prior to the date of enactment of this Act, shall continue in full force and effect after the date of enactment of this Act until modified or rescinded in accordance with the Federal Water Pollution Con- trol Act as amended by this Act. (c) The Federal Water Pollution Control Act as in effect immedi- ately prior to the date of enactment of this Act shall remain applica- ble to all grants made from funds authorized for the fiscal year ending June 30, 1972, and prior fiscal years, including any increases in the monetary amount of any such grant which may be paid from author- izations for fiscal years beginning after June 30, 1972, except as spe- cifically otherwise provided in section 202 of the Federal Water Pollution Control Act as amended by this Act and in subsection (c) ^"'e* P- S^'*- of section 3 of this Act. OVERSIGHT STUDY SEC. 5. In order to assist the Congress in the conduct of oversight ,f ^^""^^'° ^°"' responsibilities the Comptroller General of the United States shall conduct a study and review of the research, pilot, and demonstration programs related to prevention and control of water pollution, includ- ing waste treatment and disposal techniques, which are conducted, supported, or assisted by any agency of the Federal Government pur- suant to any Federal law or regulation and assess conflicts between, and the coordination and efficacy of, such programs, and make a report to the Congress thereon by October 1,1973. I N T E R N A T I O N A L TRADE STUDY SEC. 6. (a) The Secretary of Commerce, in cooperation with other interested Federal agencies and with representatives of industry and the public, shall undertake immediately an investigation and study to determine— (1) the extent to which pollution abatement and control pro- grams will be imposed on, or voluntarily undertaken by. United States manufacturers in the near future and the probable short- and long-range effects of the costs of such programs (computed to the greatest extent practicable on an industry-by-industry basis) on (A) the production costs of such domestic manufactur- ers, and (B) the market prices of the goods produced by them; (2) the probable extent to which pollution abatement and con- trol programs will be implemented in foreign industrial nations in the near future and the extent to which the production costs (computed to the greatest extent practicable on an industry-by- industry basis) of foreign manufacturers will be affected by the costs of such programs; (3) the probable competitive advantage which any article manufactured in a foreign nation will likely have in relation to a comparable article made in the United States if that foreign nation—
898 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. (A) does not require its manufacturers to implement pol- lution abatement and control programs. (B) requires a lesser degree of pollution abatement and control in its programs, or (C) in any way reimburses or otherwise subsidizes its manufacturers for the costs of such program; (4) alternative means by which any competitive advantage accruing to the products of any foreign nation as a result of any factor described in paragraph (3) may be (A) accurately and quickly determined, and (B) equalized, for example, by the imposition of a surcharge or duty, on a foreign product in an amount necessary to compensate for such advantage; and (5) the impact, if any, which the imposition of a compensating tariff of other equalizing measure may have in encouraging foreign nations to implement pollution and abatement control programs. Report to P r e s i d e n t and (b) The Secretary shall make an initial report to the President and Congress. Congress within six months after the date of enactment of this section of the results of the study and investigation carried out pursuant to this section and shall make additional reports thereafter at such times as he deems appropriate taking into account the development of rele- vant data, but not less than once every twelve months. INTERNATIONAL AGREEMENTS SEC. 7. The President shall undertake to enter into international agreements to apply uniform standards of performance for the con- trol of the discharge and emission of pollutants from new sources, uniform controls over the discharge and emission of toxic pollutants, and uniform controls over the discharge of pollutants into the ocean. For this purpose the President shall negotiate multilateral treaties, conventions, resolutions, or other agreements, and formulate, present, or support proposals at the United Nations and other appropriate international forums. LOANS TO SMALL B U S I N E S S CONCERNS FOR WATER P O L L U T I O N CONTROL FACILITY 72 Stat. 387; SEC. 8. (a) Section 7 of the Small Business Act is amended by 81 Stat. 268; Post, p . 1316. inserting at the end thereof a new subsection as follows: 15 u s e 636. " ( g ) ( 1 ) The Administration also is empowered to make loans (either directly or in cooperation with banks or other lenders through agreements to participate on an immediate or deferred basis) to assist any small business concern in affecting additions to or alterations in the equipment, facilities (including the construction of pretreatment facilities and interceptor sewers), or methods of operation of such concern to meet water pollution control requirements established Ante, p . 816. under the Federal Water Pollution Control Act, if the Administra- tion determines that such concern is likely to suffer substantial eco- nomic injury without assistance under this subsection. "(2) Any such loan— " ( A ) shall be made in accordance with provisions applicable 84 Stat. 1633. to loans made pursuant to subsection (b) (5) of this section, except as otherwise provided in this subsection; " ( B ) shall be made only if the applicant furnishes the Admin- istration with a statement in writing from the Environmental Protection Agency or, if appropriate, the State, that such addi-
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 899 tions or alterations are necessary and adequate to comply with requirements established under the Federal Water Pollution Con- trol Act. Ante, p . 816. "(3) The Administrator of the Environmental Protection Agency Regulations, promulgation. shall, as soon as practicable after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 and not later than one hundred and eighty days thereafter, promulgate regulations estab- lishing uniform rules for the issuance of statements for the purpose of paragraph (2) (B) of this subsection. "(4) There is authorized to be appropriated to the disaster loan fund established pursuant to section 4(c) of this Act not to exceed Ante, p p . 382, 556. $800,000,000 solely for the purpose of carrying out this subsection." (b) Section 4 ( c ) ( 1 ) ( A ) of the Small Business Act is amended by striking out "and 7(c) ( 2 ) " and inserting in lieu thereof "7(c) (2), and 7 ( g ) " . E N V I R O N M E N T A L COURT SEC. 9. The President, acting through the Attorney General, shall Report to Con- gress. make a full and complete investigation and study of the feasibility of establishing a separate court, or court system, having jurisdiction over environmental matters and shall report the results of such investi- gation and study together with his recommendations to Congress not later than one year after the date of enactment of this Art. N A T I O N A L POLICIES A N D GOALS STUDY SEC. 10. The President shall make a full and complete investigation Report to Con- gress. and study of all of the national policies and goals established by law for the purpose of determining what the relationship should be between these policies and goals, taking into account the resources of the Nation. He shall report the results of such investigation and study together with his recommendations to Congress not later than two years after the date of enactment of this Act. There is authorized Appropriation, to be appropriated not to exceed $5,000,000 to carry out the purposes of this section. E F F I C I E N C Y STUDY SEC. 11. The President shall conduct a full and complete investi- Report to Con- gation and study of ways and means of utilizing in the most effective gress. manner all of the various resources, facilities, and personnel of the Federal Government in order most efficiently to carry out the objective of the Federal Water Pollution Control Act. He shall utilize in con- ducting such investigation and study, the General Accounting Office. He shall report the results of such investigation and study together with his recommendations to Congress not later than two hundred and seventy days after the date of enactment of this Act. ENVIRONMENTAL FINANCING SEC. 12. (a) This section may be cited as the "Environmental Citation of t i t l e . Financing Act of 1972". (b) There is hereby created a body corporate to be known as the Environmental Financing Author- Environmental Financing Authority, which shall have succession ity, e s t a b l i s h - until dissolved by Act of Congress. The Authority shall be subject to ment. the general supervision and direction of the Secretary of the Treasury. The Authority shall be an instrumentality of the United States Gov- ernment and shall maintain such offices as may be necessary or appro- l^ri a te i n th e conduct of i ts business.
900 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. (c) The purpose of this section is to assure that inability to borrow necessary funds on reasonable terms does not prevent any State or local public body from carrying out any project for construction of waste treatment works determined eligible for assistance pursuant to subsection (e) of this section. Board of Direc- (d) (1) The Authority shall have a Board of Directors consisting of tors. five persons, one of whom shall be the Secretary of the Treasury or his designee as Chairman of the Board, and four of whom shall be appointed by the President from among the officers or employees of the Authority or of any department or agency of the United States (jovernment. (2) The Board of Directors shall meet at the call of its Chairman. The Board shall determine the general policies which shall govern the operations of the Authority. The Chairman of the Board shall select and effect the appointment of qualified persons to fill the offices as may be provided for in the bylaws, with such executive functions, powers, and duties as may be prescribed by the bylaws or by the Board of Directors, and such persons shall be the executive officers of the Authority and shall discharge all such executive functions, powers, and duties. The members of the Board, as such, shall not receive compensation for their services. State or local (e) (1) LTntil July 1,1975, the Authority is authorized to make com- obligations, pur- chase. mitments to purchase, and to purchase on terms and conditions deter- mined by the Authority, any olbligation or participation therein which is issued by a State or local public body to finance the non-Federal share of the cost of any project for the construction of waste treat- ment works v.'hich the Administrator of the Environmental Protec- tion Agency has determined to be eligible for Federal financial Ante, p. 816. assistance under the Federal Water Pollution Control Act. (2) No commitment shall be entered into, and no purchase shall be made, unless the Administrator of the Environmental Protection Agency (A) has certified that the public body is unable to obtain on reasonable ter-ms sufficient credit to finance its actual needs; (B) has approved the project as eligible under the Federal Water Pollution C^ontrol Act; and (C) has agreed to guarantee timely payment of principal and interest on the obligation. The Administrator is author- ized to guarantee such timely payments and to issue regulations as he Appropriation. deems necessary and proper to protect such guarantees. Appropria- tions are hereby authorized to be made to the Administrator in such sums as are necessary to make payments under such guarantees, and such payments are authorized to be made from such appropriations. Restriction. (3) No purchase shall be made of obligations issued to finance proj- ects, the permanent financing of which occurred prior to the enact- ment of this section. (4) Any purchase by the Authority shall be upon such terms and conditions as to yield a return at a rate determined by the Secretary of the Treasury taking into consideration (A) the current average yield on outstanding marketable obligations of the ITnited States of com- parable maturity or in its stead whenever the Authority has sufficient of its own long-term obligations outstanding, the current average yield on outstanding obligations of the Authority of comparable maturity; and (B) the market yields on municipal bonds. (5) The Authority is authorized to charge fees for its commitments and other services adequate to cover all expenses and to provide for the accumulation of reasonable contingency reserves and such fees shall be included in the aggregate project costs. Advances, interest. (f) To provide initial capital to the Authority the Secretary of the Treasury is authorized to advance the funds necessary for this purpose. Each such advance shall be upon such terms and conditions
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 901 as to yield a return at a rate not less tlian a rate determined by the Secretary of the Treasury taking into consideration the current aver- age yield on outstanding marketable obligations of the United States of comparable maturities. Interest payments on such advances may be deferred, at the discretion of the Secretary, but any such deferred payments shall themselves bear interest at the rate specified in this sec- tion. There is authorized to be appropriated not to exceed $100,000,000, Appropriation, which shall be available for the purposes of this subsection. (g) (1) The Authority is authorized, with the approval of the Sec- Obligations, retary of the Treasury, to issue and have outstanding obligations issuance. having such maturities and bearing such rate or rates of interest as may be determined by the Authority. Such obligations may be redeem- able at the option of the Authority before maturity in such manner as may be stipulated therein. (2) As authorized in appropriation Acts, and such authorizations may be without fiscal year limitation, the Secretary of the Treasury may in his discretion purchase or agree to purchase any obligations issued pursuant to paragraph (1) of this subsection, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities hereafter issued under the Second Liberty Bond Act, as now or hereafter in 40 Stat. 288. force, and the purposes for which securities may be issued under the 31 u s e 774. Second Liberty Bond Act as now or hereafter in force, are extended to include such purchases. Each purchase of obligations by the Sec- retary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate deter- mined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the T'nited States of comparable maturities. The Secretary of the Treas- ury may sell, upon such terms and conditions and at such price or prices as he shall determine, any of the obligations acquired by him under this paragraph. All purchases and sales by the Secretary of the Treasury or such obligations under this paragraph shall be treated as public debt transactions of the United States. (h) The Secretary of the Treasury is authorized and directed to make annual payments to the Authority in such amounts as are nec- essary to equal the amount by which the dollar amount of interest expense accrued by the Authority on account of its obligations exceeds the dollar amount of interest income accrued by the Authority on account of obligations purchased by it pursuant to subsection (e) of this section. (i) The Authority shall have p o w e r ^ Powers, (1) to sue and be sued, complain and defend, in its corporate name; (2) to adopt, alter, and use a corporate seal, which shall be judicially noticed; (3) to adopt, amend, and repeal bylaws, rules, and regulations as may be necessary for the conduct of its business; (4) to conduct its business, carry on its operations, and have offices and exercise the powers granted by this section in any State without regard to any qualification or similar statute in any State; (5) to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with any property, real, pereonal. or mixed, or any interest therein, wherever situated; (6) to accept gifts or donations of services, or of property, real, personal, or mixed, t a n ^ b l e or intangible, in aid of any of the purposes of the Authority:
902 PUBLIC LAW 92-500-OCT. 18, 1972 [86 STAT. (7) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of its property and assets; (8) to appoint such officers, attorneys, employees, and agents as may be required, to define their duties, to fix and to pay such compensation for their services as may be determined, subject to the civil service and classification laws, to require bonds for them and pay the premium thereof; and (9) to enter into contracts, to execute instruments, to incur liabilities, and to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. Tax exemp- (j) The Authority, its property, its franchise, capital, reserves, tion; exceptions. surplus, security holdings, and other funds, and its income shall be exempt from all taxation now or hereafter imposed by the United States or by any State or local taxing authority; except that (A) any real property and any tangible personal property of the Authority shall be subject to Federal, State, and local taxation to the same extent according to its value as other such property is taxed, and (B) any and all obligations issued by the Authority shall be subject both as to principal and interest to Federal, State, and local taxation to the same extent as the obligations of private corporations are taxed. (k) All obligations issued by the Authority shall be lawful invest- ments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under author- ity or control of the United States or of any officer or officers thereof. All obligations issued by the Authority pursuant to this section shall be deemed to be exempt securities within the meaning of laws admin- istered by the Securities and Exchange Commission, to the same extent as securities which are issued by the United States. (1) In order to furnish obligations for delivery by the Authority, the Secretary of the Treasury is authorized to prepare such obligations in such form as the Authority may approve, such obligations when prepared to be held in the Treasury subject to delivery upon order by the Authority. The engraved plates, dies, bed pieces, and so forth, executed in connection therewith, shall remain in the custody of the Secretary of the Treasury. The Authority shall reimburse the Sec- retary of the Treasury for any expenditures made in the preparation, custody, and delivery of such obligations. Annual report to President and (m) The Authority shall, as soon as practicable after the end of Congress. each fiscal year, transmit to the President and the Congress an annual report of its operations and activities. (n) The sixth sentence of the seventh paragraph of section 5136 of the Revised Statutes, as amended (12 U.S.C. 24), is amended by insert- ing "or obligations of the Environmental Financing Authority" imme- diately after "or obligations, participations, or other instruments of or issued by the Federal National Mortgage Association or the Govern- ment National Mortgage Association". (o) The budget and audit provisions of the Government Corpora- 59 Stat. 597. tion Control Act (31 U.S.C. 846) shall be applicable to the Environ- mental Financing Authority in the same manner as they are applied to the wholly owned Government corporations. (p) Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is further amended by adding a new paragraph following the last paragraph appropriating moneys for the purposes under the Treasury Department to read as follows: "Payment to the Environmental Financing Authority: For pay- ment to the Environmental Financing Authority under subsection (h) Ante, p. 901. of the Environmental Financing Act of 1972."
86 STAT. ] PUBLIC LAW 92-500-OCT. 18, 1972 903 SEX. DISCRIMINATION SEC. 13. No person in the LTnited States shall on the ground of sex be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination under any program or activity receiving Federal assistance under this Act. the Federal Water Pollution Con- trol Act, or the Environmental Financing Act. This section shall be g„^"'^' ^^' ^^^' enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title V I of the Civil Rights Act of 1964. However, this remedy is not exclu- ^^ ^^^- ^^^^^ sive and will not prejudice or cut off any other legal remedies avail- able to a discriminatee. CARL ALBERT Speaker of the House of Representatives. F R A N K E . MOSS acting President of the Senate pro tempore. IN THE SENATE OF THE UNITED STATES, October 18 (legislative day, October 17), 1972 The Senate having proceeded to reconsider the biU (S. 2770) entitled "An Act to amend the Federal Water Pollution Control Act", returned by the President of the United States with his objections, to the Senate, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO Secretary. By: Darrell St. Claire Assistant Secretary. I certify that this Act originated in the Senate. FRANCIS R. VALEO Secretary. By: Darrell St. Claire Assistant Secretary.