US (United States) Code. Title 33. Chapter 26: Water pollution prevention and control

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC Sec. 1325 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1325. National Study Commission

-STATUTE-

(a) Establishment

There is established a National Study Commission, 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

achieving, the effluent limitations and goals set forth for 1983 in

section 1311(b)(2) of this title.

(b) Membership; chairman

Such Commission shall be composed of fifteen members, including

five members of the Senate, who are members of the Environment and

Public Works committee, appointed by the President of the Senate,

five members of the House, who are members of the Public Works and

Transportation 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.

(c) Contract authority

In the conduct of such study, the Commission is authorized to

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) Cooperation of departments, agencies, and instrumentalities of

executive branch

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

Commission deems necessary to carry out this section.

(e) Report to Congress

A report shall be submitted to the Congress of the results of

such investigation and study, together with recommendations, not

later than three years after October 18, 1972.

(f) Compensation and allowances

The members of the Commission who are not officers or employees

of the United States, while attending conferences or meetings 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 5, including

traveltime and while away from their homes or regular places of

business they may be allowed travel expenses, including per diem in

lieu of subsistence as authorized by law for persons in the

Government service employed intermittently.

(g) Appointment of personnel

In addition to authority to appoint personnel subject to the

provisions of title 5 governing appointments in the competitive

service, and to pay such personnel in accordance with the

provisions of chapter 51 and subchapter III of chapter 53 of such

title relating to classification and General Schedule pay rates,

the Commission shall have authority to enter into contracts with

private or public organizations who shall furnish the Commission

with such administrative and technical personnel as may be

necessary to carry out the purpose of this section. Personnel

furnished by such organizations under this subsection are not, and

shall not be considered to be, Federal employees for any purposes,

but in the performance of their duties shall be guided by the

standards which apply to employees of the legislative branches

under rules 41 and 43 (!1) of the Senate and House of

Representatives, respectively.

(h) Authorization of appropriation

There is authorized to be appropriated, for use in carrying out

this section, not to exceed $17,250,000.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 315, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L.

93-207, Sec. 1(5), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93-592,

Sec. 5, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94-238, Mar. 23, 1976,

90 Stat. 250; H. Res. 988, Oct. 8, 1974; S. Res. 4, Feb. 4, 1977.)

-REFTEXT-

REFERENCES IN TEXT

Travel expenses, including per diem in lieu of subsistence as

authorized by law, referred to subsec. (f), probably refers to the

allowances authorized by section 5703 of Title 5, Government

Organization and Employees.

The General Schedule, referred to in subsec. (g), is set out

under section 5332 of Title 5.

The Rules of the House of Representatives for the One Hundred

Sixth Congress were adopted and amended generally by House

Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Provisions formerly appearing in rule 43, referred to in subsec.

(g), were contained in rule XXIV, which was subsequently renumbered

Rule XXIII by House Resolution No. 5, One Hundred Seventh Congress,

Jan. 3, 2001.

-MISC1-

AMENDMENTS

1976 - Subsec. (h). Pub. L. 94-238 substituted "$17,250,000" for

"$17,000,000".

1975 - Subsec. (h). Pub. L. 93-592 substituted "$17,000,000" for

"$15,000,000".

1973 - Subsecs. (g), (h). Pub. L. 93-207 added subsec. (g) and

redesignated former subsec. (g) as (h).

-CHANGE-

CHANGE OF NAME

Committee on Public Works of Senate abolished and replaced by

Committee on Environment and Public Works of Senate, effective Feb.

11, 1977. See Rule XXV of Standing Rules of Senate, as amended by

Senate Resolution No. 4 (popularly cited as the "Committee System

Reorganization Amendments of 1977"), approved Feb. 4, 1977.

Committee on Public Works of House of Representatives changed to

Committee on Public Works and Transportation of House of

Representatives, effective Jan. 3, 1975, by House Resolution No.

988, 93d Congress. Committee on Public Works and Transportation of

House of Representatives treated as referring to Committee on

Transportation and Infrastructure of House of Representatives by

section 1(a) of Pub. L. 104-14, set out as a note preceding section

21 of Title 2, The Congress.

-MISC2-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1311, 1376 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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33 USC Sec. 1326 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1326. Thermal discharges

-STATUTE-

(a) Effluent limitations that will assure protection and

propagation of balanced, indigenous population of shellfish,

fish, and wildlife

With respect to any point source otherwise subject to the

provisions of section 1311 of this title or section 1316 of this

title, whenever the owner or operator of any such source, after

opportunity 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) may 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) Cooling water intake structures

Any standard established pursuant to section 1311 of this title

or section 1316 of this title 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) Period of protection from more stringent effluent limitations

following discharge point source modification commenced after

October 18, 1972

Notwithstanding any other provision of this chapter, any point

source of a discharge having a thermal component, the modification

of which point source is commenced after October 18, 1972, and

which, as modified, meets effluent limitations established under

section 1311 of this title or, if more stringent, effluent

limitations established under section 1313 of this title 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 period of depreciation or amortization of such facility for the

purpose of section 167 or 169 (or both) of title 26, whichever

period ends first.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 316, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 876; amended Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1254, 1311, 1313, 1342 of

this title.

-End-

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33 USC Sec. 1327 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1327. Omitted

-COD-

CODIFICATION

Section, act June 30, 1948, ch. 758, title III, Sec. 317, as

added Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 877,

authorized Administrator to investigate and study feasibility of

alternate methods of financing cost of preventing, controlling, and

abating pollution as directed by Water Quality Improvement Act of

1970 and to report to Congress, not later than two years after Oct.

18, 1972, the results of investigation and study accompanied by

recommendations for financing these programs for fiscal years

beginning after 1976.

-End-

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33 USC Sec. 1328 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1328. Aquaculture

-STATUTE-

(a) Authority to permit discharge of specific pollutants

The Administrator is authorized, after public hearings, to permit

the discharge of a specific pollutant or pollutants under

controlled conditions associated with an approved aquaculture

project under Federal or State supervision pursuant to section 1342

of this title.

(b) Procedures and guidelines

The Administrator shall by regulation establish any procedures

and guidelines which the Administrator deems necessary to carry out

this section. Such regulations shall require the application to

such discharge of each criterion, factor, procedure, and

requirement applicable to a permit issued under section 1342 of

this title, as the Administrator determines necessary to carry out

the objective of this chapter.

(c) State administration

Each State desiring to administer its own permit program within

its jurisdiction for discharge of a specific pollutant or

pollutants under controlled conditions associated with an approved

aquaculture project may do so if upon submission of such program

the Administrator determines such program is adequate to carry out

the objective of this chapter.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 318, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L.

95-217, Sec. 63, Dec. 27, 1977, 91 Stat. 1599.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-217 inserted "pursuant to section

1342 of this title" after "Federal or State supervision".

Subsec. (b). Pub. L. 95-217 struck out ", not later than January

1, 1974," after "The Administrator shall by regulation" in existing

provisions and inserted provisions that the regulations require the

application to the discharge of each criterion, factor, procedure,

and requirement applicable to a permit issued under section 1342 of

this title, as the Administrator determines necessary to carry out

the objectives of this chapter.

Subsec. (c). Pub. L. 95-217 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1311, 1319, 1342 of this

title.

-End-

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33 USC Sec. 1329 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1329. Nonpoint source management programs

-STATUTE-

(a) State assessment reports

(1) Contents

The Governor of each State shall, after notice and opportunity

for public comment, prepare and submit to the Administrator for

approval, a report which -

(A) identifies those navigable waters within the State which,

without additional action to control nonpoint sources of

pollution, cannot reasonably be expected to attain or maintain

applicable water quality standards or the goals and

requirements of this chapter;

(B) identifies those categories and subcategories of nonpoint

sources or, where appropriate, particular nonpoint sources

which add significant pollution to each portion of the

navigable waters identified under subparagraph (A) in amounts

which contribute to such portion not meeting such water quality

standards or such goals and requirements;

(C) describes the process, including intergovernmental

coordination and public participation, for identifying best

management practices and measures to control each category and

subcategory of nonpoint sources and, where appropriate,

particular nonpoint sources identified under subparagraph (B)

and to reduce, to the maximum extent practicable, the level of

pollution resulting from such category, subcategory, or source;

and

(D) identifies and describes State and local programs for

controlling pollution added from nonpoint sources to, and

improving the quality of, each such portion of the navigable

waters, including but not limited to those programs which are

receiving Federal assistance under subsections (h) and (i) of

this section.

(2) Information used in preparation

In developing the report required by this section, the State

(A) may rely upon information developed pursuant to sections

1288, 1313(e), 1314(f), 1315(b), and 1324 of this title, and

other information as appropriate, and (B) may utilize appropriate

elements of the waste treatment management plans developed

pursuant to sections 1288(b) and 1313 of this title, to the

extent such elements are consistent with and fulfill the

requirements of this section.

(b) State management programs

(1) In general

The Governor of each State, for that State or in combination

with adjacent States, shall, after notice and opportunity for

public comment, prepare and submit to the Administrator for

approval a management program which such State proposes to

implement in the first four fiscal years beginning after the date

of submission of such management program for controlling

pollution added from nonpoint sources to the navigable waters

within the State and improving the quality of such waters.

(2) Specific contents

Each management program proposed for implementation under this

subsection shall include each of the following:

(A) An identification of the best management practices and

measures which will be undertaken to reduce pollutant loadings

resulting from each category, subcategory, or particular

nonpoint source designated under paragraph (1)(B), taking into

account the impact of the practice on ground water quality.

(B) An identification of programs (including, as appropriate,

nonregulatory or regulatory programs for enforcement, technical

assistance, financial assistance, education, training,

technology transfer, and demonstration projects) to achieve

implementation of the best management practices by the

categories, subcategories, and particular nonpoint sources

designated under subparagraph (A).

(C) A schedule containing annual milestones for (i)

utilization of the program implementation methods identified in

subparagraph (B), and (ii) implementation of the best

management practices identified in subparagraph (A) by the

categories, subcategories, or particular nonpoint sources

designated under paragraph (1)(B). Such schedule shall provide

for utilization of the best management practices at the

earliest practicable date.

(D) A certification of the attorney general of the State or

States (or the chief attorney of any State water pollution

control agency which has independent legal counsel) that the

laws of the State or States, as the case may be, provide

adequate authority to implement such management program or, if

there is not such adequate authority, a list of such additional

authorities as will be necessary to implement such management

program. A schedule and commitment by the State or States to

seek such additional authorities as expeditiously as

practicable.

(E) Sources of Federal and other assistance and funding

(other than assistance provided under subsections (h) and (i)

of this section) which will be available in each of such fiscal

years for supporting implementation of such practices and

measures and the purposes for which such assistance will be

used in each of such fiscal years.

(F) An identification of Federal financial assistance

programs and Federal development projects for which the State

will review individual assistance applications or development

projects for their effect on water quality pursuant to the

procedures set forth in Executive Order 12372 as in effect on

September 17, 1983, to determine whether such assistance

applications or development projects would be consistent with

the program prepared under this subsection; for the purposes of

this subparagraph, identification shall not be limited to the

assistance programs or development projects subject to

Executive Order 12372 but may include any programs listed in

the most recent Catalog of Federal Domestic Assistance which

may have an effect on the purposes and objectives of the

State's nonpoint source pollution management program.

(3) Utilization of local and private experts

In developing and implementing a management program under this

subsection, a State shall, to the maximum extent practicable,

involve local public and private agencies and organizations which

have expertise in control of nonpoint sources of pollution.

(4) Development on watershed basis

A State shall, to the maximum extent practicable, develop and

implement a management program under this subsection on a

watershed-by-watershed basis within such State.

(c) Administrative provisions

(1) Cooperation requirement

Any report required by subsection (a) of this section and any

management program and report required by subsection (b) of this

section shall be developed in cooperation with local, substate

regional, and interstate entities which are actively planning for

the implementation of nonpoint source pollution controls and have

either been certified by the Administrator in accordance with

section 1288 of this title, have worked jointly with the State on

water quality management planning under section 1285(j) of this

title, or have been designated by the State legislative body or

Governor as water quality management planning agencies for their

geographic areas.

(2) Time period for submission of reports and management programs

Each report and management program shall be submitted to the

Administrator during the 18-month period beginning on February 4,

1987.

(d) Approval or disapproval of reports and management programs

(1) Deadline

Subject to paragraph (2), not later than 180 days after the

date of submission to the Administrator of any report or

management program under this section (other than subsections

(h), (i), and (k) of this section), the Administrator shall

either approve or disapprove such report or management program,

as the case may be. The Administrator may approve a portion of a

management program under this subsection. If the Administrator

does not disapprove a report, management program, or portion of a

management program in such 180-day period, such report,

management program, or portion shall be deemed approved for

purposes of this section.

(2) Procedure for disapproval

If, after notice and opportunity for public comment and

consultation with appropriate Federal and State agencies and

other interested persons, the Administrator determines that -

(A) the proposed management program or any portion thereof

does not meet the requirements of subsection (b)(2) of this

section or is not likely to satisfy, in whole or in part, the

goals and requirements of this chapter;

(B) adequate authority does not exist, or adequate resources

are not available, to implement such program or portion;

(C) the schedule for implementing such program or portion is

not sufficiently expeditious; or

(D) the practices and measures proposed in such program or

portion are not adequate to reduce the level of pollution in

navigable waters in the State resulting from nonpoint sources

and to improve the quality of navigable waters in the State;

the Administrator shall within 6 months of the receipt of the

proposed program notify the State of any revisions or

modifications necessary to obtain approval. The State shall

thereupon have an additional 3 months to submit its revised

management program and the Administrator shall approve or

disapprove such revised program within three months of receipt.

(3) Failure of State to submit report

If a Governor of a State does not submit the report required by

subsection (a) of this section within the period specified by

subsection (c)(2) of this section, the Administrator shall,

within 30 months after February 4, 1987, prepare a report for

such State which makes the identifications required by paragraphs

(1)(A) and (1)(B) of subsection (a) of this section. Upon

completion of the requirement of the preceding sentence and after

notice and opportunity for comment, the Administrator shall

report to Congress on his actions pursuant to this section.

(e) Local management programs; technical assistance

If a State fails to submit a management program under subsection

(b) of this section or the Administrator does not approve such a

management program, a local public agency or organization which has

expertise in, and authority to, control water pollution resulting

from nonpoint sources in any area of such State which the

Administrator determines is of sufficient geographic size may, with

approval of such State, request the Administrator to provide, and

the Administrator shall provide, technical assistance to such

agency or organization in developing for such area a management

program which is described in subsection (b) of this section and

can be approved pursuant to subsection (d) of this section. After

development of such management program, such agency or organization

shall submit such management program to the Administrator for

approval. If the Administrator approves such management program,

such agency or organization shall be eligible to receive financial

assistance under subsection (h) of this section for implementation

of such management program as if such agency or organization were a

State for which a report submitted under subsection (a) of this

section and a management program submitted under subsection (b) of

this section were approved under this section. Such financial

assistance shall be subject to the same terms and conditions as

assistance provided to a State under subsection (h) of this

section.

(f) Technical assistance for States

Upon request of a State, the Administrator may provide technical

assistance to such State in developing a management program

approved under subsection (b) of this section for those portions of

the navigable waters requested by such State.

(g) Interstate management conference

(1) Convening of conference; notification; purpose

If any portion of the navigable waters in any State which is

implementing a management program approved under this section is

not meeting applicable water quality standards or the goals and

requirements of this chapter as a result, in whole or in part, of

pollution from nonpoint sources in another State, such State may

petition the Administrator to convene, and the Administrator

shall convene, a management conference of all States which

contribute significant pollution resulting from nonpoint sources

to such portion. If, on the basis of information available, the

Administrator determines that a State is not meeting applicable

water quality standards or the goals and requirements of this

chapter as a result, in whole or in part, of significant

pollution from nonpoint sources in another State, the

Administrator shall notify such States. The Administrator may

convene a management conference under this paragraph not later

than 180 days after giving such notification, whether or not the

State which is not meeting such standards requests such

conference. The purpose of such conference shall be to develop an

agreement among such States to reduce the level of pollution in

such portion resulting from nonpoint sources and to improve the

water quality of such portion. Nothing in such agreement shall

supersede or abrogate rights to quantities of water which have

been established by interstate water compacts, Supreme Court

decrees, or State water laws. This subsection shall not apply to

any pollution which is subject to the Colorado River Basin

Salinity Control Act [43 U.S.C. 1571 et seq.]. The requirement

that the Administrator convene a management conference shall not

be subject to the provisions of section 1365 of this title.

(2) State management program requirement

To the extent that the States reach agreement through such

conference, the management programs of the States which are

parties to such agreements and which contribute significant

pollution to the navigable waters or portions thereof not meeting

applicable water quality standards or goals and requirements of

this chapter will be revised to reflect such agreement. Such

management programs shall be consistent with Federal and State

law.

(h) Grant program

(1) Grants for implementation of management programs

Upon application of a State for which a report submitted under

subsection (a) of this section and a management program submitted

under subsection (b) of this section is approved under this

section, the Administrator shall make grants, subject to such

terms and conditions as the Administrator considers appropriate,

under this subsection to such State for the purpose of assisting

the State in implementing such management program. Funds reserved

pursuant to section 1285(j)(5) of this title may be used to

develop and implement such management program.

(2) Applications

An application for a grant under this subsection in any fiscal

year shall be in such form and shall contain such other

information as the Administrator may require, including an

identification and description of the best management practices

and measures which the State proposes to assist, encourage, or

require in such year with the Federal assistance to be provided

under the grant.

(3) Federal share

The Federal share of the cost of each management program

implemented with Federal assistance under this subsection in any

fiscal year shall not exceed 60 percent of the cost incurred by

the State in implementing such management program and shall be

made on condition that the non-Federal share is provided from

non-Federal sources.

(4) Limitation on grant amounts

Notwithstanding any other provision of this subsection, not

more than 15 percent of the amount appropriated to carry out this

subsection may be used to make grants to any one State, including

any grants to any local public agency or organization with

authority to control pollution from nonpoint sources in any area

of such State.

(5) Priority for effective mechanisms

For each fiscal year beginning after September 30, 1987, the

Administrator may give priority in making grants under this

subsection, and shall give consideration in determining the

Federal share of any such grant, to States which have implemented

or are proposing to implement management programs which will -

(A) control particularly difficult or serious nonpoint source

pollution problems, including, but not limited to, problems

resulting from mining activities;

(B) implement innovative methods or practices for controlling

nonpoint sources of pollution, including regulatory programs

where the Administrator deems appropriate;

(C) control interstate nonpoint source pollution problems; or

(D) carry out ground water quality protection activities

which the Administrator determines are part of a comprehensive

nonpoint source pollution control program, including research,

planning, ground water assessments, demonstration programs,

enforcement, technical assistance, education, and training to

protect ground water quality from nonpoint sources of

pollution.

(6) Availability for obligation

The funds granted to each State pursuant to this subsection in

a fiscal year shall remain available for obligation by such State

for the fiscal year for which appropriated. The amount of any

such funds not obligated by the end of such fiscal year shall be

available to the Administrator for granting to other States under

this subsection in the next fiscal year.

(7) Limitation on use of funds

States may use funds from grants made pursuant to this section

for financial assistance to persons only to the extent that such

assistance is related to the costs of demonstration projects.

(8) Satisfactory progress

No grant may be made under this subsection in any fiscal year

to a State which in the preceding fiscal year received a grant

under this subsection unless the Administrator determines that

such State made satisfactory progress in such preceding fiscal

year in meeting the schedule specified by such State under

subsection (b)(2) of this section.

(9) Maintenance of effort

No grant may be made to a State under this subsection in any

fiscal year unless such State enters into such agreements with

the Administrator as the Administrator may require to ensure that

such State will maintain its aggregate expenditures from all

other sources for programs for controlling pollution added to the

navigable waters in such State from nonpoint sources and

improving the quality of such waters at or above the average

level of such expenditures in its two fiscal years preceding

February 4, 1987.

(10) Request for information

The Administrator may request such information, data, and

reports as he considers necessary to make the determination of

continuing eligibility for grants under this section.

(11) Reporting and other requirements

Each State shall report to the Administrator on an annual basis

concerning (A) its progress in meeting the schedule of milestones

submitted pursuant to subsection (b)(2)(C) of this section, and

(B) to the extent that appropriate information is available,

reductions in nonpoint source pollutant loading and improvements

in water quality for those navigable waters or watersheds within

the State which were identified pursuant to subsection (a)(1)(A)

of this section resulting from implementation of the management

program.

(12) Limitation on administrative costs

For purposes of this subsection, administrative costs in the

form of salaries, overhead, or indirect costs for services

provided and charged against activities and programs carried out

with a grant under this subsection shall not exceed in any fiscal

year 10 percent of the amount of the grant in such year, except

that costs of implementing enforcement and regulatory activities,

education, training, technical assistance, demonstration

projects, and technology transfer programs shall not be subject

to this limitation.

(i) Grants for protecting groundwater quality

(1) Eligible applicants and activities

Upon application of a State for which a report submitted under

subsection (a) of this section and a plan submitted under

subsection (b) of this section is approved under this section,

the Administrator shall make grants under this subsection to such

State for the purpose of assisting such State in carrying out

groundwater quality protection activities which the Administrator

determines will advance the State toward implementation of a

comprehensive nonpoint source pollution control program. Such

activities shall include, but not be limited to, research,

planning, groundwater assessments, demonstration programs,

enforcement, technical assistance, education and training to

protect the quality of groundwater and to prevent contamination

of groundwater from nonpoint sources of pollution.

(2) Applications

An application for a grant under this subsection shall be in

such form and shall contain such information as the Administrator

may require.

(3) Federal share; maximum amount

The Federal share of the cost of assisting a State in carrying

out groundwater protection activities in any fiscal year under

this subsection shall be 50 percent of the costs incurred by the

State in carrying out such activities, except that the maximum

amount of Federal assistance which any State may receive under

this subsection in any fiscal year shall not exceed $150,000.

(4) Report

The Administrator shall include in each report transmitted

under subsection (m) of this section a report on the activities

and programs implemented under this subsection during the

preceding fiscal year.

(j) Authorization of appropriations

There is authorized to be appropriated to carry out subsections

(h) and (i) of this section not to exceed $70,000,000 for fiscal

year 1988, $100,000,000 per fiscal year for each of fiscal years

1989 and 1990, and $130,000,000 for fiscal year 1991; except that

for each of such fiscal years not to exceed $7,500,000 may be made

available to carry out subsection (i) of this section. Sums

appropriated pursuant to this subsection shall remain available

until expended.

(k) Consistency of other programs and projects with management

programs

The Administrator shall transmit to the Office of Management and

Budget and the appropriate Federal departments and agencies a list

of those assistance programs and development projects identified by

each State under subsection (b)(2)(F) of this section for which

individual assistance applications and projects will be reviewed

pursuant to the procedures set forth in Executive Order 12372 as in

effect on September 17, 1983. Beginning not later than sixty days

after receiving notification by the Administrator, each Federal

department and agency shall modify existing regulations to allow

States to review individual development projects and assistance

applications under the identified Federal assistance programs and

shall accommodate, according to the requirements and definitions of

Executive Order 12372, as in effect on September 17, 1983, the

concerns of the State regarding the consistency of such

applications or projects with the State nonpoint source pollution

management program.

(g742l) Collection of information

The Administrator shall collect and make available, through

publications and other appropriate means, information pertaining to

management practices and implementation methods, including, but not

limited to, (1) information concerning the costs and relative

efficiencies of best management practices for reducing nonpoint

source pollution; and (2) available data concerning the

relationship between water quality and implementation of various

management practices to control nonpoint sources of pollution.

(m) Reports of Administrator

(1) Annual reports

Not later than January 1, 1988, and each January 1 thereafter,

the Administrator shall transmit to the Committee on Public Worksand

Transportation of the House of Representatives and the Committee on

Environment and Public Works of the Senate, a report for the preceding

fiscal year on the activities and programs implemented under this

section and the progress made in reducing pollution in the navigable

waters resulting from nonpoint sources and improving the quality of

such waters.

(2) Final report

Not later than January 1, 1990, the Administrator shall

transmit to Congress a final report on the activities carried out

under this section. Such report, at a minimum, shall -

(A) describe the management programs being implemented by the

States by types and amount of affected navigable waters,

categories and subcategories of nonpoint sources, and types of

best management practices being implemented;

(B) describe the experiences of the States in adhering to

schedules and implementing best management practices;

(C) describe the amount and purpose of grants awarded

pursuant to subsections (h) and (i) of this section;

(D) identify, to the extent that information is available,

the progress made in reducing pollutant loads and improving

water quality in the navigable waters;

(E) indicate what further actions need to be taken to attain

and maintain in those navigable waters (i) applicable water

quality standards, and (ii) the goals and requirements of this

chapter;

(F) include recommendations of the Administrator concerning

future programs (including enforcement programs) for

controlling pollution from nonpoint sources; and

(G) identify the activities and programs of departments,

agencies, and instrumentalities of the United States which are

inconsistent with the management programs submitted by the

States and recommend modifications so that such activities and

programs are consistent with and assist the States in

implementation of such management programs.

(n) Set aside for administrative personnel

Not less than 5 percent of the funds appropriated pursuant to

subsection (j) of this section for any fiscal year shall be

available to the Administrator to maintain personnel levels at the

Environmental Protection Agency at levels which are adequate to

carry out this section in such year.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 319, as added Pub. L.

100-4, title III, Sec. 316(a), Feb. 4, 1987, 101 Stat. 52; amended

Pub. L. 105-362, title V, Sec. 501(c), Nov. 10, 1998, 112 Stat.

3283; Pub. L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002,

116 Stat. 2361.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k),

is Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended,

which is set out under section 6506 of Title 31, Money and Finance.

The Colorado River Basin Salinity Control Act, referred to in

subsec. (g)(1), is Pub. L. 93-320, June 24, 1974, 88 Stat. 266, as

amended, which is classified principally to chapter 32A (Sec. 1571

et seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1571 of Title 43 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsecs. (i)(4), (m), (n). Pub. L. 107-303 repealed Pub.

L. 105-362, Sec. 501(c). See 1998 Amendment note below.

1998 - Subsec. (i)(4). Pub. L. 105-362, Sec. 501(c)(1), which

directed the striking out of heading and text of par. (4), was

repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment

note below.

Subsecs. (m), (n). Pub. L. 105-362, Sec. 501(c)(2), (3), which

directed the redesignation of subsec. (n) as (m) and striking out

of heading and text of former subsec. (m), was repealed by Pub. L.

107-303. See Effective Date of 2002 Amendment note below.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-MISC2-

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal

Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and

administered on and after Nov. 27, 2002, as if amendments made by

section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see

section 302(b) of Pub. L. 107-303, set out as a note under section

1254 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1268, 1270, 1281, 1285,

1314, 1330, 1377, 1381, 1383, 1386, 1414b of this title; title 16

section 1455b; title 42 section 300j-3c.

-End-

-CITE-

33 USC Sec. 1330 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1330. National estuary program

-STATUTE-

(a) Management conference

(1) Nomination of estuaries

The Governor of any State may nominate to the Administrator an

estuary lying in whole or in part within the State as an estuary

of national significance and request a management conference to

develop a comprehensive management plan for the estuary. The

nomination shall document the need for the conference, the

likelihood of success, and information relating to the factors in

paragraph (2).

(2) Convening of conference

(A) In general

In any case where the Administrator determines, on his own

initiative or upon nomination of a State under paragraph (1),

that the attainment or maintenance of that water quality in an

estuary which assures protection of public water supplies and

the protection and propagation of a balanced, indigenous

population of shellfish, fish, and wildlife, and allows

recreational activities, in and on the water, requires the

control of point and nonpoint sources of pollution to

supplement existing controls of pollution in more than one

State, the Administrator shall select such estuary and convene

a management conference.

(B) Priority consideration

The Administrator shall give priority consideration under

this section to Long Island Sound, New York and Connecticut;

Narragansett Bay, Rhode Island; Buzzards Bay, Massachusetts;

Massachusetts Bay, Massachusetts (including Cape Cod Bay and

Boston Harbor); Puget Sound, Washington; New York-New Jersey

Harbor, New York and New Jersey; Delaware Bay, Delaware and New

Jersey; Delaware Inland Bays, Delaware; Albemarle Sound, North

Carolina; Sarasota Bay, Florida; San Francisco Bay, California;

Santa Monica Bay, California; Galveston Bay, Texas;

Barataria-Terrebonne Bay estuary complex, Louisiana; Indian

River Lagoon, Florida; Lake Pontchartrain Basin, Louisiana and

Mississippi; and Peconic Bay, New York.

(3) Boundary dispute exception

In any case in which a boundary between two States passes

through an estuary and such boundary is disputed and is the

subject of an action in any court, the Administrator shall not

convene a management conference with respect to such estuary

before a final adjudication has been made of such dispute.

(b) Purposes of conference

The purposes of any management conference convened with respect

to an estuary under this subsection shall be to -

(1) assess trends in water quality, natural resources, and uses

of the estuary;

(2) collect, characterize, and assess data on toxics,

nutrients, and natural resources within the estuarine zone to

identify the causes of environmental problems;

(3) develop the relationship between the inplace loads and

point and nonpoint loadings of pollutants to the estuarine zone

and the potential uses of the zone, water quality, and natural

resources;

(4) develop a comprehensive conservation and management plan

that recommends priority corrective actions and compliance

schedules addressing point and nonpoint sources of pollution to

restore and maintain the chemical, physical, and biological

integrity of the estuary, including restoration and maintenance

of water quality, a balanced indigenous population of shellfish,

fish and wildlife, and recreational activities in the estuary,

and assure that the designated uses of the estuary are protected;

(5) develop plans for the coordinated implementation of the

plan by the States as well as Federal and local agencies

participating in the conference;

(6) monitor the effectiveness of actions taken pursuant to the

plan; and

(7) review all Federal financial assistance programs and

Federal development projects in accordance with the requirements

of Executive Order 12372, as in effect on September 17, 1983, to

determine whether such assistance program or project would be

consistent with and further the purposes and objectives of the

plan prepared under this section.

For purposes of paragraph (7), such programs and projects shall not

be limited to the assistance programs and development projects

subject to Executive Order 12372, but may include any programs

listed in the most recent Catalog of Federal Domestic Assistance

which may have an effect on the purposes and objectives of the plan

developed under this section.

(c) Members of conference

The members of a management conference convened under this

section shall include, at a minimum, the Administrator and

representatives of -

(1) each State and foreign nation located in whole or in part

in the estuarine zone of the estuary for which the conference is

convened;

(2) international, interstate, or regional agencies or entities

having jurisdiction over all or a significant part of the

estuary;

(3) each interested Federal agency, as determined appropriate

by the Administrator;

(4) local governments having jurisdiction over any land or

water within the estuarine zone, as determined appropriate by the

Administrator; and

(5) affected industries, public and private educational

institutions, and the general public, as determined appropriate

by the Administrator.

(d) Utilization of existing data

In developing a conservation and management plan under this

section, the management conference shall survey and utilize

existing reports, data, and studies relating to the estuary that

have been developed by or made available to Federal, interstate,

State, and local agencies.

(e) Period of conference

A management conference convened under this section shall be

convened for a period not to exceed 5 years. Such conference may be

extended by the Administrator, and if terminated after the initial

period, may be reconvened by the Administrator at any time

thereafter, as may be necessary to meet the requirements of this

section.

(f) Approval and implementation of plans

(1) Approval

Not later than 120 days after the completion of a conservation

and management plan and after providing for public review and

comment, the Administrator shall approve such plan if the plan

meets the requirements of this section and the affected Governor

or Governors concur.

(2) Implementation

Upon approval of a conservation and management plan under this

section, such plan shall be implemented. Funds authorized to be

appropriated under subchapters II and VI of this chapter and

section 1329 of this title may be used in accordance with the

applicable requirements of this chapter to assist States with the

implementation of such plan.

(g) Grants

(1) Recipients

The Administrator is authorized to make grants to State,

interstate, and regional water pollution control agencies and

entities, State coastal zone management agencies, interstate

agencies, other public or nonprofit private agencies,

institutions, organizations, and individuals.

(2) Purposes

Grants under this subsection shall be made to pay for

activities necessary for the development and implementation of a

comprehensive conservation and management plan under this

section.

(3) Federal share

The Federal share of a grant to any person (including a State,

interstate, or regional agency or entity) under this subsection

for a fiscal year -

(A) shall not exceed -

(i) 75 percent of the annual aggregate costs of the

development of a comprehensive conservation and management

plan; and

(ii) 50 percent of the annual aggregate costs of the

implementation of the plan; and

(B) shall be made on condition that the non-Federal share of

the costs are provided from non-Federal sources.

(h) Grant reporting

Any person (including a State, interstate, or regional agency or

entity) that receives a grant under subsection (g) of this section

shall report to the Administrator not later than 18 months after

receipt of such grant and biennially thereafter on the progress

being made under this section.

(i) Authorization of appropriations

There are authorized to be appropriated to the Administrator not

to exceed $35,000,000 for each of fiscal years 2001 through 2005

for -

(1) expenses related to the administration of management

conferences under this section, not to exceed 10 percent of the

amount appropriated under this subsection;

(2) making grants under subsection (g) of this section; and

(3) monitoring the implementation of a conservation and

management plan by the management conference or by the

Administrator, in any case in which the conference has been

terminated.

The Administrator shall provide up to $5,000,000 per fiscal year of

the sums authorized to be appropriated under this subsection to the

Administrator of the National Oceanic and Atmospheric

Administration to carry out subsection (j) of this section.

(j) Research

(1) Programs

In order to determine the need to convene a management

conference under this section or at the request of such a

management conference, the Administrator shall coordinate and

implement, through the National Marine Pollution Program Office

and the National Marine Fisheries Service of the National Oceanic

and Atmospheric Administration, as appropriate, for one or more

estuarine zones -

(A) a long-term program of trend assessment monitoring

measuring variations in pollutant concentrations, marine

ecology, and other physical or biological environmental

parameters which may affect estuarine zones, to provide the

Administrator the capacity to determine the potential and

actual effects of alternative management strategies and

measures;

(B) a program of ecosystem assessment assisting in the

development of (i) baseline studies which determine the state

of estuarine zones and the effects of natural and anthropogenic

changes, and (ii) predictive models capable of translating

information on specific discharges or general pollutant

loadings within estuarine zones into a set of probable effects

on such zones;

(C) a comprehensive water quality sampling program for the

continuous monitoring of nutrients, chlorine, acid

precipitation dissolved oxygen, and potentially toxic

pollutants (including organic chemicals and metals) in

estuarine zones, after consultation with interested State,

local, interstate, or international agencies and review and

analysis of all environmental sampling data presently collected

from estuarine zones; and

(D) a program of research to identify the movements of

nutrients, sediments and pollutants through estuarine zones and

the impact of nutrients, sediments, and pollutants on water

quality, the ecosystem, and designated or potential uses of the

estuarine zones.

(2) Reports

The Administrator, in cooperation with the Administrator of the

National Oceanic and Atmospheric Administration, shall submit to

the Congress no less often than biennially a comprehensive report

on the activities authorized under this subsection including -

(A) a listing of priority monitoring and research needs;

(B) an assessment of the state and health of the Nation's

estuarine zones, to the extent evaluated under this subsection;

(C) a discussion of pollution problems and trends in

pollutant concentrations with a direct or indirect effect on

water quality, the ecosystem, and designated or potential uses

of each estuarine zone, to the extent evaluated under this

subsection; and

(D) an evaluation of pollution abatement activities and

management measures so far implemented to determine the degree

of improvement toward the objectives expressed in subsection

(b)(4) of this section.

(k) Definitions

For purposes of this section, the terms "estuary" and "estuarine

zone" have the meanings such terms have in section 1254(n)(4) of

this title, except that the term "estuarine zone" shall also

include associated aquatic ecosystems and those portions of

tributaries draining into the estuary up to the historic height of

migration of anadromous fish or the historic head of tidal

influence, whichever is higher.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 320, as added Pub. L.

100-4, title III, Sec. 317(b), Feb. 4, 1987, 101 Stat. 61; amended

Pub. L. 100-202, Sec. 101(f) [title II, 201], Dec. 22, 1987, 101

Stat. 1329-187, 1329-197; Pub. L. 100-653, title X, Sec. 1004, Nov.

14, 1988, 102 Stat. 3836; Pub. L. 100-688, title II, Sec. 2001,

Nov. 18, 1988, 102 Stat. 4151; Pub. L. 105-362, title V, Sec.

501(a)(2), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106-457, title

III, Secs. 301 - 303, Nov. 7, 2000, 114 Stat. 1972; Pub. L.

107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 12372, referred to in subsec. (b), is Ex. Ord.

No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set

out under section 6506 of Title 31, Money and Finance.

-MISC1-

AMENDMENTS

2002 - Subsec. (k). Pub. L. 107-303 repealed Pub. L. 105-362,

Sec. 501(a)(2). See 1998 Amendment note below.

2000 - Subsec. (a)(2)(B). Pub. L. 106-457, Sec. 301, inserted

"Lake Pontchartrain Basin, Louisiana and Mississippi;" before "and

Peconic Bay, New York."

Subsec. (g)(2), (3). Pub. L. 106-457, Sec. 302, added pars. (2)

and (3) and struck out former pars. (2) and (3) which read as

follows:

"(2) Purposes. - Grants under this subsection shall be made to

pay for assisting research, surveys, studies, and modeling and

other technical work necessary for the development of a

conservation and management plan under this section.

"(3) Federal share. - The amount of grants to any person

(including a State, interstate, or regional agency or entity) under

this subsection for a fiscal year shall not exceed 75 percent of

the costs of such research, survey, studies, and work and shall be

made on condition that the non-Federal share of such costs are

provided from non-Federal sources."

Subsec. (i). Pub. L. 106-457, Sec. 303, substituted "$35,000,000

for each of fiscal years 2001 through 2005" for "$12,000,000 per

fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and

1991".

1998 - Subsec. (k). Pub. L. 105-362, Sec. 501(a)(2), which

directed the substitution of "section 1254(n)(3)" for "section

1254(n)(4)", was repealed by Pub. L. 107-303. See Effective Date of

2002 Amendment note below.

1988 - Subsec. (a)(2)(B). Pub. L. 100-653, Sec. 1004, and Pub. L.

100-688, Sec. 2001(1), made identical amendments, inserting

"Massachusetts Bay, Massachusetts (including Cape Cod Bay and

Boston Harbor);" after "Buzzards Bay, Massachusetts;".

Pub. L. 100-688, Sec. 2001(2), substituted "California;

Galveston" for "California; and Galveston".

Pub. L. 100-688, Sec. 2001(3), which directed insertion of ";

Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River

Lagoon, Florida; and Peconic Bay, New York" after "Galveston Bay,

Texas;" was executed by making insertion after "Galveston Bay,

Texas" as probable intent of Congress.

1987 - Subsec. (a)(2)(B). Pub. L. 100-202 inserted "Santa Monica

Bay, California;".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal

Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and

administered on and after Nov. 27, 2002, as if amendments made by

section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see

section 302(b) of Pub. L. 107-303, set out as a note under section

1254 of this title.

MASSACHUSETTS BAY PROTECTION; DEFINITION; FINDINGS AND PURPOSE;

FUNDING SOURCES

Sections 1002, 1003, 1005 of title X of Pub. L. 100-653 provided

that:

"SEC. 1002. DEFINITION.

"For purposes of this title [amending section 1330 of this title

and enacting provisions set out as notes under sections 1251 and

1330 of this title], the term 'Massachusetts Bay' includes

Massachusetts Bay, Cape Cod Bay, and Boston Harbor, consisting of

an area extending from Cape Ann, Massachusetts south to the

northern reach of Cape Cod, Massachusetts.

"SEC. 1003. FINDINGS AND PURPOSE.

"(a) Findings. - The Congress finds and declares that -

"(1) Massachusetts Bay comprises a single major estuarine and

oceanographic system extending from Cape Ann, Massachusetts south

to the northern reaches of Cape Cod, encompassing Boston Harbor,

Massachusetts Bay, and Cape Cod Bay;

"(2) several major riverine systems, including the Charles,

Neponset, and Mystic Rivers, drain the watersheds of eastern

Massachusetts into the Bay;

"(3) the shorelines of Massachusetts Bay, first occupied in the

middle 1600's, are home to over 4 million people and support a

thriving industrial and recreational economy;

"(4) Massachusetts Bay supports important commercial fisheries,

including lobsters, finfish, and shellfisheries, and is home to

or frequented by several endangered species and marine mammals;

"(5) Massachusetts Bay also constitutes an important

recreational resource, providing fishing, swimming, and boating

opportunities to the region;

"(6) rapidly expanding coastal populations and pollution pose

increasing threats to the long-term health and integrity of

Massachusetts Bay;

"(7) while the cleanup of Boston Harbor will contribute

significantly to improving the overall environmental quality of

Massachusetts Bay, expanded efforts encompassing the entire

ecosystem will be necessary to ensure its long-term health;

"(8) the concerted efforts of all levels of Government, the

private sector, and the public at large will be necessary to

protect and enhance the environmental integrity of Massachusetts

Bay; and

"(9) the designation of Massachusetts Bay as an Estuary of

National Significance and the development of a comprehensive plan

for protecting and restoring the Bay may contribute significantly

to its long-term health and environmental integrity.

"(b) Purpose. - The purpose of this title is to protect and

enhance the environmental quality of Massachusetts Bay by providing

for its designation as an Estuary of National Significance and by

providing for the preparation of a comprehensive restoration plan

for the Bay.

"SEC. 1005. FUNDING SOURCES.

"Within one year of enactment [Nov. 14, 1988], the Administrator

of the United States Environmental Protection Agency and the

Governor of Massachusetts shall undertake to identify and make

available sources of funding to support activities pertaining to

Massachusetts Bay undertaken pursuant to or authorized by section

320 of the Clean Water Act [33 U.S.C. 1330], and shall make every

effort to coordinate existing research, monitoring or control

efforts with such activities."

PURPOSES AND POLICIES OF NATIONAL ESTUARY PROGRAM

Section 317(a) of Pub. L. 100-4 provided that:

"(1) Findings. - Congress finds and declares that -

"(A) the Nation's estuaries are of great importance for fish

and wildlife resources and recreation and economic opportunity;

"(B) maintaining the health and ecological integrity of these

estuaries is in the national interest;

"(C) increasing coastal population, development, and other

direct and indirect uses of these estuaries threaten their health

and ecological integrity;

"(D) long-term planning and management will contribute to the

continued productivity of these areas, and will maximize their

utility to the Nation; and

"(E) better coordination among Federal and State programs

affecting estuaries will increase the effectiveness and

efficiency of the national effort to protect, preserve, and

restore these areas.

"(2) Purposes. - The purposes of this section [enacting this

section] are to -

"(A) identify nationally significant estuaries that are

threatened by pollution, development, or overuse;

"(B) promote comprehensive planning for, and conservation and

management of, nationally significant estuaries;

"(C) encourage the preparation of management plans for

estuaries of national significance; and

"(D) enhance the coordination of estuarine research."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1269, 1270, 1273, 1285,

1381, 1383, 1386, 1414b, 2902 of this title; title 16 sections

1447c, 1455b; title 42 section 7412.

-End-

-CITE-

33 USC SUBCHAPTER IV - PERMITS AND LICENSES 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-

SUBCHAPTER IV - PERMITS AND LICENSES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1313, 1386 of this

title.

-End-

-CITE-

33 USC Sec. 1341 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-

Sec. 1341. Certification

-STATUTE-

(a) Compliance with applicable requirements; application;

procedures; license suspension

(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 control agency having jurisdiction over the navigable

waters at the point where the discharge originates or will

originate, that any such discharge will comply with the applicable

provisions of sections 1311, 1312, 1313, 1316, and 1317 of this

title. In the case of any such activity for which there is not an

applicable effluent limitation or other limitation under sections

1311(b) and 1312 of this title, and there is not an applicable

standard under sections 1316 and 1317 of this title, the State

shall so certify, except that any such certification shall not be

deemed to satisfy section 1371(c) of this title. 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 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 application. 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

licensing 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 requirements 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 issuance of

such license or permit and requests a public hearing on such

objection, the licensing or permitting agency shall hold such a

hearing. The Administrator shall at such hearing submit his

evaluation and recommendations with respect to any such objection

to the licensing or permitting agency. Such agency, based upon the

recommendations 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 imposition 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 connection with any other Federal license or

permit required for the operation 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

1311, 1312, 1313, 1316, and 1317 of this title because of changes

since the construction license or permit certification was issued

in (A) the construction or operation of the facility, (B) the

characteristics of the waters into which such discharge is made,

(C) the water quality criteria applicable to such waters or (D)

applicable effluent limitations 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 interstate 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 1311, 1312, 1313, 1316, or 1317 of

this title.

(4) Prior to the initial operation of any federally licensed or

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

license or permit, the licensee or permittee shall provide an

opportunity 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 effluent limitations or other

limitations or other water quality requirements 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 1311, 1312, 1313, 1316, or 1317 of

this title.

(5) Any Federal license or permit with respect to which a

certification 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 chapter that such facility or activity has been operated

in violation of the applicable provisions of section 1311, 1312,

1313, 1316, or 1317 of this title.

(6) Except with respect to a permit issued under section 1342 of

this title, 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) Compliance with other provisions of law setting applicable

water quality requirements

Nothing in this section shall be construed to limit the authority

of any department or agency pursuant to any other provision of law

to require compliance with any applicable water quality

requirements. The Administrator shall, upon the request of any

Federal department or agency, or State or interstate agency, or

applicant, provide, for the purpose of this section, any relevant

information on applicable effluent limitations, or other

limitations, standards, regulations, or requirements, or water

quality criteria, and shall, when requested by any such department

or agency or State or interstate agency, or applicant, comment on

any methods to comply with such limitations, standards,

regulations, requirements, or criteria.

(c) Authority of Secretary of the Army to permit use of spoil

disposal areas by Federal licensees or permittees

In order to implement the provisions of this section, the

Secretary of the Army, 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 permittees, 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) Limitations and monitoring requirements of certification

Any certification provided under this section shall set forth any

effluent limitations and other limitations, and monitoring

requirements necessary to assure that any applicant for a Federal

license or permit will comply with any applicable effluent

limitations and other limitations, under section 1311 or 1312 of

this title, standard of performance under section 1316 of this

title, or prohibition, effluent standard, or pretreatment standard

under section 1317 of this title, 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.

-SOURCE-

(June 30, 1948, ch. 758, title IV, Sec. 401, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L.

95-217, Secs. 61(b), 64, Dec. 27, 1977, 91 Stat. 1598, 1599.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-217 inserted reference to section

1313 of this title in pars. (1), (3), (4), and (5), struck out par.

(6) which provided that no Federal agency be deemed an applicant

for purposes of this subsection, and redesignated par. (7) as (6).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1314, 1365, 1371, 1377,

2326a of this title.

-End-

-CITE-

33 USC Sec. 1342 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-

Sec. 1342. National pollutant discharge elimination system

-STATUTE-

(a) Permits for discharge of pollutants

(1) Except as provided in sections 1328 and 1344 of this title,

the Administrator may, after opportunity for public hearing issue a

permit for the discharge of any pollutant, or combination of

pollutants, notwithstanding section 1311(a) of this title, upon

condition that such discharge will meet either (A) all applicable

requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343

of this title, or (B) 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 chapter.

(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 waters issued

pursuant to section 407 of this title shall be deemed to be permits

issued under this subchapter, and permits issued under this

subchapter shall be deemed to be permits issued under section 407

of this title, and shall continue in force and effect for their

term unless revoked, modified, or suspended in accordance with the

provisions of this chapter.

(5) No permit for a discharge into the navigable waters shall be

issued under section 407 of this title after October 18, 1972. Each

application for a permit under section 407 of this title, pending

on October 18, 1972, shall be deemed to be an application for a

permit under this section. The Administrator shall authorize a

State, which he determines has the capability of administering a

permit program which will carry out the objectives of this chapter

to issue permits for discharges into the navigable waters within

the jurisdiction of such State. The Administrator may exercise the

authority granted him by the preceding sentence only during the

period which begins on October 18, 1972, and ends either on the

ninetieth day after the date of the first promulgation of

guidelines required by section 1314(i)(2) of this title, or the

date of approval by the Administrator of a permit program for such

State under subsection (b) of this section, whichever date first

occurs, and no such authorization to a State shall extend beyond

the last day of such period. Each such permit shall be subject to

such conditions as the Administrator determines are necessary to

carry out the provisions of this chapter. No such permit shall

issue if the Administrator objects to such issuance.

(b) State permit programs

At any time after the promulgation of the guidelines required by

subsection (i)(2) of section 1314 of this title, the Governor of

each State desiring to administer its own permit program for

discharges into navigable waters within its jurisdiction may submit

to the Administrator a full and complete description of the program

it proposes to establish and administer under State law or under an

interstate compact. In addition, such State shall submit a

statement from the attorney general (or the attorney for those

State water pollution control 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 Administrator shall approve each

submitted program unless he determines that adequate authority does

not exist:

(1) To issue permits which -

(A) apply, and insure compliance with, any applicable

requirements of sections 1311, 1312, 1316, 1317, and 1343 of this

title;

(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

temporary 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 1318 of this title; or

(B) To inspect, monitor, enter, and require reports to at least

the same extent as required in section 1318 of this title;

(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

application (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

Administrator) 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 recommendations together with its reasons for so

doing;

(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 the

identification in terms of character and volume of pollutants of

any significant source introducing pollutants subject to

pretreatment standards under section 1317(b) of this title into

such works and a program to assure compliance with such

pretreatment standards by each such source, in addition to 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 1316 of this title if such source were

discharging pollutants, (B) new introductions of pollutants into

such works from a source which would be subject to section 1311 of

this title 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

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 1284(b), 1317, and 1318

of this title.

(c) Suspension of Federal program upon submission of State program;

withdrawal of approval of State program; return of State program

to Administrator

(1) Not later than ninety days after the date on which a State

has submitted a program (or revision thereof) pursuant to

subsection (b) of this section, the Administrator shall suspend the

issuance of permits under subsection (a) of this section as to

those discharges 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 1314(i)(2) of this title. If the

Administrator so determines, he shall notify the State of any

revisions or modifications necessary to conform 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 1314(i)(2) of this title.

(3) Whenever the Administrator determines after public hearing

that a State is not administering a program approved under this

section 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, in

writing, the reasons for such withdrawal.

(4) Limitations on partial permit program returns and

withdrawals. - A State may return to the Administrator

administration, and the Administrator may withdraw under paragraph

(3) of this subsection approval, of -

(A) a State partial permit program approved under subsection

(n)(3) of this section only if the entire permit program being

administered by the State department or agency at the time is

returned or withdrawn; and

(B) a State partial permit program approved under subsection

(n)(4) of this section only if an entire phased component of the

permit program being administered by the State at the time is

returned or withdrawn.

(d) Notification of Administrator

(1) Each State shall transmit to the Administrator a copy of 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 chapter. Whenever the Administrator objects to

the issuance of a permit under this paragraph such written

objection shall contain a statement of the reasons for such

objection and the effluent limitations and conditions which such

permit would include if it were issued by the Administrator.

(3) The Administrator may, as to any permit application, waive

paragraph (2) of this subsection.

(4) In any case where, after December 27, 1977, the

Administrator, pursuant to paragraph (2) of this subsection,

objects to the issuance of a permit, on request of the State, a

public hearing shall be held by the Administrator on such

objection. If the State does not resubmit such permit revised to

meet such objection within 30 days after completion of the hearing,

or, if no hearing is requested within 90 days after the date of

such objection, the Administrator may issue the permit pursuant to

subsection (a) of this section for such source in accordance with

the guidelines and requirements of this chapter.

(e) Waiver of notification requirement

In accordance with guidelines promulgated pursuant to subsection

(i)(2) of section 1314 of this title, the Administrator is

authorized 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.

(f) Point source categories

The Administrator shall promulgate regulations establishing

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) Other regulations for safe transportation, handling, carriage,

storage, and stowage of pollutants

Any permit issued under this section for the discharge of

pollutants 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, establishing specifications for safe

transportation, handling, carriage, storage, and stowage of

pollutants.

(h) Violation of permit conditions; restriction or prohibition upon

introduction of pollutant by source not previously utilizing

treatment works

In the event any condition of a permit for discharges from a

treatment works (as defined in section 1292 of this title) which is

publicly owned is violated, a State with a program approved under

subsection (b) of this section or the Administrator, where no State

program is approved or where the Administrator determines pursuant

to section 1319(a) of this title that a State with an approved

program has not commenced appropriate enforcement action with

respect to such permit, 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) Federal enforcement not limited

Nothing in this section shall be construed to limit the authority

of the Administrator to take action pursuant to section 1319 of

this title.

(j) Public information

A copy of each permit application and each permit issued under

this section shall be available to the public. Such permit

application or permit, or portion thereof, shall further be

available on request for the purpose of reproduction.

(k) Compliance with permits

Compliance with a permit issued pursuant to this section shall be

deemed compliance, for purposes of sections 1319 and 1365 of this

title, with sections 1311, 1312, 1316, 1317, and 1343 of this

title, except any standard imposed under section 1317 of this title

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 1311, 1316, or 1342 of this title, or (2)

section 407 of this title, unless the Administrator or other

plaintiff proves that final administrative disposition of such

application has not been made because of the failure of the

applicant to furnish information reasonably required or requested

in order to process the application. For the 180-day period

beginning on October 18, 1972, in the case of any point source

discharging any pollutant or combination of pollutants immediately

prior to such date which source is not subject to section 407 of

this title, the discharge by such source shall not be a violation

of this chapter if such a source applies for a permit for discharge

pursuant to this section within such 180-day period.

(g742l) Limitation on permit requirement

(1) Agricultural return flows

The Administrator shall not require a permit under this section

for discharges composed entirely of return flows from irrigated

agriculture, nor shall the Administrator directly or indirectly,

require any State to require such a permit.

(2) Stormwater runoff from oil, gas, and mining operations

The Administrator shall not require a permit under this

section, nor shall the Administrator directly or indirectly

require any State to require a permit, for discharges of

stormwater runoff from mining operations or oil and gas

exploration, production, processing, or treatment operations or

transmission facilities, composed entirely of flows which are

from conveyances or systems of conveyances (including but not

limited to pipes, conduits, ditches, and channels) used for

collecting and conveying precipitation runoff and which are not

contaminated by contact with, or do not come into contact with,

any overburden, raw material, intermediate products, finished

product, byproduct, or waste products located on the site of such

operations.

(m) Additional pretreatment of conventional pollutants not required

To the extent a treatment works (as defined in section 1292 of

this title) which is publicly owned is not meeting the requirements

of a permit issued under this section for such treatment works as a

result of inadequate design or operation of such treatment works,

the Administrator, in issuing a permit under this section, shall

not require pretreatment by a person introducing conventional

pollutants identified pursuant to section 1314(a)(4) of this title

into such treatment works other than pretreatment required to

assure compliance with pretreatment standards under subsection

(b)(8) of this section and section 1317(b)(1) of this title.

Nothing in this subsection shall affect the Administrator's

authority under sections 1317 and 1319 of this title, affect State

and local authority under sections 1317(b)(4) and 1370 of this

title, relieve such treatment works of its obligations to meet

requirements established under this chapter, or otherwise preclude

such works from pursuing whatever feasible options are available to

meet its responsibility to comply with its permit under this

section.

(n) Partial permit program

(1) State submission

The Governor of a State may submit under subsection (b) of this

section a permit program for a portion of the discharges into the

navigable waters in such State.

(2) Minimum coverage

A partial permit program under this subsection shall cover, at

a minimum, administration of a major category of the discharges

into the navigable waters of the State or a major component of

the permit program required by subsection (b) of this section.

(3) Approval of major category partial permit programs

The Administrator may approve a partial permit program covering

administration of a major category of discharges under this

subsection if -

(A) such program represents a complete permit program and

covers all of the discharges under the jurisdiction of a

department or agency of the State; and

(B) the Administrator determines that the partial program

represents a significant and identifiable part of the State

program required by subsection (b) of this section.

(4) Approval of major component partial permit programs

The Administrator may approve under this subsection a partial

and phased permit program covering administration of a major

component (including discharge categories) of a State permit

program required by subsection (b) of this section if -

(A) the Administrator determines that the partial program

represents a significant and identifiable part of the State

program required by subsection (b) of this section; and

(B) the State submits, and the Administrator approves, a plan

for the State to assume administration by phases of the

remainder of the State program required by subsection (b) of

this section by a specified date not more than 5 years after

submission of the partial program under this subsection and

agrees to make all reasonable efforts to assume such

administration by such date.

(g742o) Anti-backsliding

(1) General prohibition

In the case of effluent limitations established on the basis of

subsection (a)(1)(B) of this section, a permit may not be

renewed, reissued, or modified on the basis of effluent

guidelines promulgated under section 1314(b) of this title

subsequent to the original issuance of such permit, to contain

effluent limitations which are less stringent than the comparable

effluent limitations in the previous permit. In the case of

effluent limitations established on the basis of section

1311(b)(1)(C) or section 1313(d) or (e) of this title, a permit

may not be renewed, reissued, or modified to contain effluent

limitations which are less stringent than the comparable effluent

limitations in the previous permit except in compliance with

section 1313(d)(4) of this title.

(2) Exceptions

A permit with respect to which paragraph (1) applies may be

renewed, reissued, or modified to contain a less stringent

effluent limitation applicable to a pollutant if -

(A) material and substantial alterations or additions to the

permitted facility occurred after permit issuance which justify

the application of a less stringent effluent limitation;

(B)(i) information is available which was not available at

the time of permit issuance (other than revised regulations,

guidance, or test methods) and which would have justified the

application of a less stringent effluent limitation at the time

of permit issuance; or

(ii) the Administrator determines that technical mistakes or

mistaken interpretations of law were made in issuing the permit

under subsection (a)(1)(B) of this section;

(C) a less stringent effluent limitation is necessary because

of events over which the permittee has no control and for which

there is no reasonably available remedy;

(D) the permittee has received a permit modification under

section 1311(c), 1311(g), 1311(h), 1311(i), 1311(k), 1311(n),

or 1326(a) of this title; or

(E) the permittee has installed the treatment facilities

required to meet the effluent limitations in the previous

permit and has properly operated and maintained the facilities

but has nevertheless been unable to achieve the previous

effluent limitations, in which case the limitations in the

reviewed, reissued, or modified permit may reflect the level of

pollutant control actually achieved (but shall not be less

stringent than required by effluent guidelines in effect at the

time of permit renewal, reissuance, or modification).

Subparagraph (B) shall not apply to any revised waste load

allocations or any alternative grounds for translating water

quality standards into effluent limitations, except where the

cumulative effect of such revised allocations results in a

decrease in the amount of pollutants discharged into the

concerned waters, and such revised allocations are not the result

of a discharger eliminating or substantially reducing its

discharge of pollutants due to complying with the requirements of

this chapter or for reasons otherwise unrelated to water quality.

(3) Limitations

In no event may a permit with respect to which paragraph (1)

applies be renewed, reissued, or modified to contain an effluent

limitation which is less stringent than required by effluent

guidelines in effect at the time the permit is renewed, reissued,

or modified. In no event may such a permit to discharge into

waters be renewed, reissued, or modified to contain a less

stringent effluent limitation if the implementation of such

limitation would result in a violation of a water quality

standard under section 1313 of this title applicable to such

waters.

(p) Municipal and industrial stormwater discharges

(1) General rule

Prior to October 1, 1994, the Administrator or the State (in

the case of a permit program approved under this section) shall

not require a permit under this section for discharges composed

entirely of stormwater.

(2) Exceptions

Paragraph (1) shall not apply with respect to the following

stormwater discharges:

(A) A discharge with respect to which a permit has been

issued under this section before February 4, 1987.

(B) A discharge associated with industrial activity.

(C) A discharge from a municipal separate storm sewer system

serving a population of 250,000 or more.

(D) A discharge from a municipal separate storm sewer system

serving a population of 100,000 or more but less than 250,000.

(E) A discharge for which the Administrator or the State, as

the case may be, determines that the stormwater discharge

contributes to a violation of a water quality standard or is a

significant contributor of pollutants to waters of the United

States.

(3) Permit requirements

(A) Industrial discharges

Permits for discharges associated with industrial activity

shall meet all applicable provisions of this section and

section 1311 of this title.

(B) Municipal discharge

Permits for discharges from municipal storm sewers -

(i) may be issued on a system- or jurisdiction-wide basis;

(ii) shall include a requirement to effectively prohibit

non-stormwater discharges into the storm sewers; and

(iii) shall require controls to reduce the discharge of

pollutants to the maximum extent practicable, including

management practices, control techniques and system, design

and engineering methods, and such other provisions as the

Administrator or the State determines appropriate for the

control of such pollutants.

(4) Permit application requirements

(A) Industrial and large municipal discharges

Not later than 2 years after February 4, 1987, the

Administrator shall establish regulations setting forth the

permit application requirements for stormwater discharges

described in paragraphs (2)(B) and (2)(C). Applications for

permits for such discharges shall be filed no later than 3

years after February 4, 1987. Not later than 4 years after

February 4, 1987, the Administrator or the State, as the case

may be, shall issue or deny each such permit. Any such permit

shall provide for compliance as expeditiously as practicable,

but in no event later than 3 years after the date of issuance

of such permit.

(B) Other municipal discharges

Not later than 4 years after February 4, 1987, the

Administrator shall establish regulations setting forth the

permit application requirements for stormwater discharges

described in paragraph (2)(D). Applications for permits for

such discharges shall be filed no later than 5 years after

February 4, 1987. Not later than 6 years after February 4,

1987, the Administrator or the State, as the case may be, shall

issue or deny each such permit. Any such permit shall provide

for compliance as expeditiously as practicable, but in no event

later than 3 years after the date of issuance of such permit.

(5) Studies

The Administrator, in consultation with the States, shall

conduct a study for the purposes of -

(A) identifying those stormwater discharges or classes of

stormwater discharges for which permits are not required

pursuant to paragraphs (1) and (2) of this subsection;

(B) determining, to the maximum extent practicable, the

nature and extent of pollutants in such discharges; and

(C) establishing procedures and methods to control stormwater

discharges to the extent necessary to mitigate impacts on water

quality.

Not later than October 1, 1988, the Administrator shall submit to

Congress a report on the results of the study described in

subparagraphs (A) and (B). Not later than October 1, 1989, the

Administrator shall submit to Congress a report on the results of

the study described in subparagraph (C).

(6) Regulations

Not later than October 1, 1993, the Administrator, in

consultation with State and local officials, shall issue

regulations (based on the results of the studies conducted under

paragraph (5)) which designate stormwater discharges, other than

those discharges described in paragraph (2), to be regulated to

protect water quality and shall establish a comprehensive program

to regulate such designated sources. The program shall, at a

minimum, (A) establish priorities, (B) establish requirements for

State stormwater management programs, and (C) establish

expeditious deadlines. The program may include performance

standards, guidelines, guidance, and management practices and

treatment requirements, as appropriate.

(q) Combined sewer overflows

(1) Requirement for permits, orders, and decrees

Each permit, order, or decree issued pursuant to this chapter

after December 21, 2000, for a discharge from a municipal

combined storm and sanitary sewer shall conform to the Combined

Sewer Overflow Control Policy signed by the Administrator on

April 11, 1994 (in this subsection referred to as the "CSO

control policy").

(2) Water quality and designated use review guidance

Not later than July 31, 2001, and after providing notice and

opportunity for public comment, the Administrator shall issue

guidance to facilitate the conduct of water quality and

designated use reviews for municipal combined sewer overflow

receiving waters.

(3) Report

Not later than September 1, 2001, the Administrator shall

transmit to Congress a report on the progress made by the

Environmental Protection Agency, States, and municipalities in

implementing and enforcing the CSO control policy.

-SOURCE-

(June 30, 1948, ch. 758, title IV, Sec. 402, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 880; amended Pub. L.

95-217, Secs. 33(c), 50, 54(c)(1), 65, 66, Dec. 27, 1977, 91 Stat.

1577, 1588, 1591, 1599, 1600; Pub. L. 100-4, title IV, Secs.

401-404(a), 404(c), formerly 404(d), 405, Feb. 4, 1987, 101 Stat.

65-67, 69, renumbered Sec. 404(c), Pub. L. 104-66, title II, Sec.

2021(e)(2), Dec. 21, 1995, 109 Stat. 727; Pub. L. 102-580, title

III, Sec. 364, Oct. 31, 1992, 106 Stat. 4862; Pub. L. 106-554, Sec.

1(a)(4) [div. B, title I, Sec. 112(a)], Dec. 21, 2000, 114 Stat.

2763, 2763A-224.)

-MISC1-

AMENDMENTS

2000 - Subsec. (q). Pub. L. 106-554 added subsec. (q).

1992 - Subsec. (p)(1), (6). Pub. L. 102-580 substituted "October

1, 1994" for "October 1, 1992" in par. (1) and "October 1, 1993"

for "October 1, 1992" in par. (6).

1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 404(c), inserted cl.

(A) and (B) designations.

Subsec. (c)(1). Pub. L. 100-4, Sec. 403(b)(2), substituted "as to

those discharges" for "as to those navigable waters".

Subsec. (c)(4). Pub. L. 100-4, Sec. 403(b)(1), added par. (4).

Subsec. (l). Pub. L. 100-4, Sec. 401, inserted "Limitation on

permit requirement" as subsec. heading designated existing

provisions as par. (1) and inserted par. heading, added par. (2),

and aligned pars. (1) and (2).

Subsecs. (m) to (p). Pub. L. 100-4, Secs. 402, 403(a), 404(a),

405, added subsecs. (m) to (p).

1977 - Subsec. (a)(5). Pub. L. 95-217, Sec. 50, substituted

"section 1314(i)(2)" for "section 1314(h)(2)".

Subsec. (b). Pub. L. 95-217, Sec. 50, substituted in provisions

preceding par. (1) "subsection (i)(2) of section 1314" for

"subsection (h)(2) of section 1314".

Subsec. (b)(8). Pub. L. 95-217, Sec. 54(c)(1), inserted reference

to identification in terms of character and volume of pollutants of

any significant source introducing pollutants subject to

pretreatment standards under section 1317(b) of this title into

treatment works and programs to assure compliance with pretreatment

standards by each source.

Subsec. (c)(1), (2). Pub. L. 95-217, Sec. 50, substituted

"section 1314(i)(2)" for "section 1314(h)(2)".

Subsec. (d)(2). Pub. L. 95-217, Sec. 65(b), inserted provision

requiring that, whenever the Administrator objects to the issuance

of a permit under subsec. (d)(2) of this section, the written

objection contain a statement of the reasons for the objection and

the effluent limitations and conditions which the permit would

include if it were issued by the Administrator.

Subsec. (d)(4). Pub. L. 95-217, Sec. 65(a), added par. (4).

Subsec. (e). Pub. L. 95-217, Sec. 50, substituted "subsection

(i)(2) of section 1314" for "subsection (h)(2) of section 1314".

Subsec. (h). Pub. L. 95-217, Sec. 66, substituted "where no State

program is approved or where the Administrator determines pursuant

to section 1319(a) of this title that a State with an approved

program has not commenced appropriate enforcement action with

respect to such permit," for "where no State program is approved,".

Subsec. (l). Pub. L. 95-217, Sec. 33(c), added subsec. (l).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Enforcement functions of Administrator or other official of the

Environmental Protection Agency under this section relating to

compliance with national pollutant discharge elimination system

permits with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas were transferred to the Federal Inspector, Office of Federal

Inspector for the Alaska Natural Gas Transportation System, until

the first anniversary of the date of initial operation of the

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Secs. 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out in the Appendix to Title 5,

Government Organization and Employees. Office of Federal Inspector

for the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15, Commerce and Trade.

-MISC2-

STORMWATER PERMIT REQUIREMENTS

Pub. L. 102-240, title I, Sec. 1068, Dec. 18, 1991, 105 Stat.

2007, provided that:

"(a) General Rule. - Notwithstanding the requirements of sections

402(p)(2)(B), (C), and (D) of the Federal Water Pollution Control

Act [33 U.S.C. 1342(p)(2)(B), (C), (D)], permit application

deadlines for stormwater discharges associated with industrial

activities from facilities that are owned or operated by a

municipality shall be established by the Administrator of the

Environmental Protection Agency (hereinafter in this section

referred to as the 'Administrator') pursuant to the requirements of

this section.

"(b) Permit Applications. -

"(1) Individual applications. - The Administrator shall require

individual permit applications for discharges described in

subsection (a) on or before October 1, 1992; except that any

municipality that has participated in a timely part I group

application for an industrial activity discharging stormwater

that is denied such participation in a group application or for

which a group application is denied shall not be required to

submit an individual application until the 180th day following

the date on which the denial is made.

"(2) Group applications. - With respect to group applications

for permits for discharges described in subsection (a), the

Administrator shall require -

"(A) part I applications on or before September 30, 1991,

except that any municipality with a population of less than

250,000 shall not be required to submit a part I application

before May 18, 1992; and

"(B) part II applications on or before October 1, 1992,

except that any municipality with a population of less than

250,000 shall not be required to submit a part II application

before May 17, 1993.

"(c) Municipalities With Less Than 100,000 Population. - The

Administrator shall not require any municipality with a population

of less than 100,000 to apply for or obtain a permit for any

stormwater discharge associated with an industrial activity other

than an airport, powerplant, or uncontrolled sanitary landfill

owned or operated by such municipality before October 1, 1992,

unless such permit is required by section 402(p)(2)(A) or (E) of

the Federal Water Pollution Control Act [33 U.S.C. 1342(p)(2)(A),

(E)].

"(d) Uncontrolled Sanitary Landfill Defined. - For the purposes

of this section, the term 'uncontrolled sanitary landfill' means a

landfill or open dump, whether in operation or closed, that does

not meet the requirements for run-on and run-off controls

established pursuant to subtitle D of the Solid Waste Disposal Act

[42 U.S.C. 6941 et seq.].

"(e) Limitation on Statutory Construction. - Nothing in this

section shall be construed to affect any application or permit

requirement, including any deadline, to apply for or obtain a

permit for stormwater discharges subject to section 402(p)(2)(A) or

(E) of the Federal Water Pollution Control Act [33 U.S.C.

1342(p)(2)(A), (E)].

"(f) Regulations. - The Administrator shall issue final

regulations with respect to general permits for stormwater

discharges associated with industrial activity on or before

February 1, 1992."

PHOSPHATE FERTILIZER EFFLUENT LIMITATION

Section 306(c) of Pub. L. 100-4 provided that:

"(1) Issuance of permit. - As soon as possible after the date of

the enactment of this Act [Feb. 4, 1987], but not later than 180

days after such date of enactment, the Administrator shall issue

permits under section 402(a)(1)(B) of the Federal Water Pollution

Control Act [33 U.S.C. 1342(a)(1)(B)] with respect to facilities -

"(A) which were under construction on or before April 8, 1974,

and

"(B) for which the Administrator is proposing to revise the

applicability of the effluent limitation established under

section 301(b) of such Act [33 U.S.C. 1311(b)] for phosphate

subcategory of the fertilizer manufacturing point source category

to exclude such facilities.

"(2) Limitations on statutory construction. - Nothing in this

section [amending section 1311 of this title and enacting this

note] shall be construed -

"(A) to require the Administrator to permit the discharge of

gypsum or gypsum waste into the navigable waters,

"(B) to affect the procedures and standards applicable to the

Administrator in issuing permits under section 402(a)(1)(B) of

the Federal Water Pollution Control Act [33 U.S.C.

1342(a)(1)(B)], and

"(C) to affect the authority of any State to deny or condition

certification under section 401 of such Act [33 U.S.C. 1341] with

respect to the issuance of permits under section 402(a)(1)(B) of

such Act."

LOG TRANSFER FACILITIES

Section 407 of Pub. L. 100-4 provided that:

"(a) Agreement. - The Administrator and Secretary of the Army

shall enter into an agreement regarding coordination of permitting

for log transfer facilities to designate a lead agency and to

process permits required under sections 402 and 404 of the Federal

Water Pollution Control Act [33 U.S.C. 1342, 1344], where both such

sections apply, for discharges associated with the construction and

operation of log transfer facilities. The Administrator and

Secretary are authorized to act in accordance with the terms of

such agreement to assure that, to the maximum extent practicable,

duplication, needless paperwork and delay in the issuance of

permits, and inequitable enforcement between and among facilities

in different States, shall be eliminated.

"(b) Applications and Permits Before October 22, 1985. - Where

both of sections 402 and 404 of the Federal Water Pollution Control

Act [33 U.S.C. 1342, 1344] apply, log transfer facilities which

have received a permit under section 404 of such Act before October

22, 1985, shall not be required to submit a new application for a

permit under section 402 of such Act. If the Administrator

determines that the terms of a permit issued on or before October

22, 1985, under section 404 of such Act satisfies the applicable

requirements of sections 301, 302, 306, 307, 308, and 403 of such

Act [33 U.S.C. 1311, 1312, 1316, 1317, 1318, and 1343], a separate

application for a permit under section 402 of such Act shall not

thereafter be required. In any case where the Administrator

demonstrates, after an opportunity for a hearing, that the terms of

a permit issued on or before October 22, 1985, under section 404 of

such Act do not satisfy the applicable requirements of sections

301, 302, 306, 307, 308, and 403 of such Act, modifications to the

existing permit under section 404 of such Act to incorporate such

applicable requirements shall be issued by the Administrator as an

alternative to issuance of a separate new permit under section 402

of such Act.

"(c) Log Transfer Facility Defined. - For the purposes of this

section, the term 'log transfer facility' means a facility which is

constructed in whole or in part in waters of the United States and

which is utilized for the purpose of transferring commercially

harvested logs to or from a vessel or log raft, including the

formation of a log raft."

ALLOWABLE DELAY IN MODIFYING EXISTING APPROVED STATE PERMIT

PROGRAMS TO CONFORM TO 1977 AMENDMENT

Section 54(c)(2) of Pub. L. 95-217 provided that any State permit

program approved under this section before Dec. 27, 1977, which

required modification to conform to the amendment made by section

54(c)(1) of Pub. L. 95-217, which amended subsec. (b)(8) of this

section, not be required to be modified before the end of the one

year period which began on Dec. 27, 1977, unless in order to make

the required modification a State must amend or enact a law in

which case such modification not be required for such State before

the end of the two year period which began on Dec. 27, 1977.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1251, 1283, 1284, 1285,

1288, 1301, 1311, 1314, 1317, 1318, 1319, 1321, 1323, 1328, 1341,

1343, 1344, 1345, 1365, 1369, 1371, 1373, 1377, 2104, 2803 of this

title; title 42 sections 6903, 6924, 6925, 6939e, 9601.

-End-

-CITE-

33 USC Sec. 1343 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-

Sec. 1343. Ocean discharge criteria

-STATUTE-

(a) Issuance of permits

No permit under section 1342 of this title for a discharge into

the territorial sea, the waters of the contiguous zone, or the

oceans shall be issued, after promulgation of guidelines

established under subsection (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 1342 of this

title if the Administrator determines it to be in the public

interest.

(b) Waiver

The requirements of subsection (d) of section 1342 of this title

may not be waived in the case of permits for discharges into the

territorial sea.

(c) Guidelines for determining degradation of waters

(1) The Administrator shall, within one hundred and eighty days

after October 18, 1972 (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,

wildlife, shorelines, and beaches;

(B) the effect of disposal of pollutants on marine life

including the transfer, concentration, and dispersal of

pollutants or their 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 of varying rates, of particular

volumes and concentrations of pollutants;

(F) other possible locations and methods of disposal or

recycling of pollutants including land-based alternatives; and

(G) the effect on alternate uses of the oceans, such as mineral

exploitation and scientific study.

(2) In any event where insufficient information exists on any

proposed discharge to make a reasonable judgment on any of the

guidelines established pursuant to this subsection no permit shall

be issued under section 1342 of this title.

-SOURCE-

(June 30, 1948, ch. 758, title IV, Sec. 403, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 883.)

-MISC1-

DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS

ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION; CONDITIONS

Discharges from point sources in the United States Virgin Islands

in existence on Aug. 5, 1983, attributable to the manufacture of

rum not to be subject to the requirements of this section under

certain conditions, see section 214(g) of Pub. L. 98-67, set out as

a note under section 1311 of this title.

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1254, 1288, 1311, 1314,

1342, 1344 of this title.

-End-

-CITE-

33 USC Sec. 1344 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-

Sec. 1344. Permits for dredged or fill material

-STATUTE-

(a) Discharge into navigable waters at specified disposal sites

The Secretary may issue permits, after notice and opportunity for

public hearings for the discharge of dredged or fill material into

the navigable waters at specified disposal sites. Not later than

the fifteenth day after the date an applicant submits all the

information required to complete an application for a permit under

this subsection, the Secretary shall publish the notice required by

this subsection.

(b) Specification for disposal sites

Subject to subsection (c) of this section, each such disposal

site shall be specified for each such permit by the Secretary (1)

through the application of guidelines developed by the

Administrator, in conjunction with the Secretary, which guidelines

shall be based upon criteria comparable to the criteria applicable

to the territorial seas, the contiguous zone, and the ocean under

section 1343(c) of this title, and (2) in any case where such

guidelines under clause (1) alone would prohibit the specification

of a site, through the application additionally of the economic

impact of the site on navigation and anchorage.

(c) Denial or restriction of use of defined areas as disposal sites

The Administrator is authorized to prohibit the specification

(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

specification) as a disposal site, whenever he determines, after

notice and opportunity 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. The Administrator

shall set forth in writing and make public his findings and his

reasons for making any determination under this subsection.

(d) "Secretary" defined

The term "Secretary" as used in this section means the Secretary

of the Army, acting through the Chief of Engineers.

(e) General permits on State, regional, or nationwide basis

(1) In carrying out his functions relating to the discharge of

dredged or fill material under this section, the Secretary may,

after notice and opportunity for public hearing, issue general

permits on a State, regional, or nationwide basis for any category

of activities involving discharges of dredged or fill material if

the Secretary determines that the activities in such category are

similar in nature, will cause only minimal adverse environmental

effects when performed separately, and will have only minimal

cumulative adverse effect on the environment. Any general permit

issued under this subsection shall (A) be based on the guidelines

described in subsection (b)(1) of this section, and (B) set forth

the requirements and standards which shall apply to any activity

authorized by such general permit.

(2) No general permit issued under this subsection shall be for a

period of more than five years after the date of its issuance and

such general permit may be revoked or modified by the Secretary if,

after opportunity for public hearing, the Secretary determines that

the activities authorized by such general permit have an adverse

impact on the environment or such activities are more appropriately

authorized by individual permits.

(f) Non-prohibited discharge of dredged or fill material

(1) Except as provided in paragraph (2) of this subsection, the

discharge of dredged or fill material -

(A) from normal farming, silviculture, and ranching activities

such as plowing, seeding, cultivating, minor drainage, harvesting

for the production of food, fiber, and forest products, or upland

soil and water conservation practices;

(B) for the purpose of maintenance, including emergency

reconstruction of recently damaged parts, of currently

serviceable structures such as dikes, dams, levees, groins,

riprap, breakwaters, causeways, and bridge abutments or

approaches, and transportation structures;

(C) for the purpose of construction or maintenance of farm or

stock ponds or irrigation ditches, or the maintenance of drainage

ditches;

(D) for the purpose of construction of temporary sedimentation

basins on a construction site which does not include placement of

fill material into the navigable waters;

(E) for the purpose of construction or maintenance of farm

roads or forest roads, or temporary roads for moving mining

equipment, where such roads are constructed and maintained, in

accordance with best management practices, to assure that flow

and circulation patterns and chemical and biological

characteristics of the navigable waters are not impaired, that

the reach of the navigable waters is not reduced, and that any

adverse effect on the aquatic environment will be otherwise

minimized;

(F) resulting from any activity with respect to which a State

has an approved program under section 1288(b)(4) of this title

which meets the requirements of subparagraphs (B) and (C) of such

section,

is not prohibited by or otherwise subject to regulation under this

section or section 1311(a) or 1342 of this title (except for

effluent standards or prohibitions under section 1317 of this

title).

(2) Any discharge of dredged or fill material into the navigable

waters incidental to any activity having as its purpose bringing an

area of the navigable waters into a use to which it was not

previously subject, where the flow or circulation of navigable

waters may be impaired or the reach of such waters be reduced,

shall be required to have a permit under this section.

(g) State administration

(1) The Governor of any State desiring to administer its own

individual and general permit program for the discharge of dredged

or fill material into the navigable waters (other than those waters

which are presently used, or are susceptible to use in their

natural condition or by reasonable improvement as a means to

transport interstate or foreign commerce shoreward to their

ordinary high water mark, including all waters which are subject to

the ebb and flow of the tide shoreward to their mean high water

mark, or mean higher high water mark on the west coast, including

wetlands adjacent thereto) within its jurisdiction may submit to

the Administrator a full and complete description of the program it

proposes to establish and administer under State law or under an

interstate compact. In addition, such State shall submit a

statement from the attorney general (or the attorney for those

State 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.

(2) Not later than the tenth day after the date of the receipt of

the program and statement submitted by any State under paragraph

(1) of this subsection, the Administrator shall provide copies of

such program and statement to the Secretary and the Secretary of

the Interior, acting through the Director of the United States Fish

and Wildlife Service.

(3) Not later than the ninetieth day after the date of the

receipt by the Administrator of the program and statement submitted

by any State, under paragraph (1) of this subsection, the Secretary

and the Secretary of the Interior, acting through the Director of

the United States Fish and Wildlife Service, shall submit any

comments with respect to such program and statement to the

Administrator in writing.

(h) Determination of State's authority to issue permits under State

program; approval; notification; transfers to State program

(1) Not later than the one-hundred-twentieth day after the date

of the receipt by the Administrator of a program and statement

submitted by any State under paragraph (1) of this subsection, the

Administrator shall determine, taking into account any comments

submitted by the Secretary and the Secretary of the Interior,

acting through the Director of the United States Fish and Wildlife

Service, pursuant to subsection (g) of this section, whether such

State has the following authority with respect to the issuance of

permits pursuant to such program:

(A) To issue permits which -

(i) apply, and assure compliance with, any applicable

requirements of this section, including, but not limited to,

the guidelines established under subsection (b)(1) of this

section, and sections 1317 and 1343 of this title;

(ii) are for fixed terms not exceeding five years; and

(iii) 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

temporary or permanent reduction or elimination of the

permitted discharge.

(B) To issue permits which apply, and assure compliance with,

all applicable requirements of section 1318 of this title, or to

inspect, monitor, enter, and require reports to at least the same

extent as required in section 1318 of this title.

(C) To assure 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.

(D) To assure that the Administrator receives notice of each

application (including a copy thereof) for a permit.

(E) To assure 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

Administrator) 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 recommendations together with its reasons for

so doing.

(F) To assure that no permit will be issued if, in the judgment

of the Secretary, 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.

(G) To abate violations of the permit or the permit program,

including civil and criminal penalties and other ways and means

of enforcement.

(H) To assure continued coordination with Federal and

Federal-State water-related planning and review processes.

(2) If, with respect to a State program submitted under

subsection (g)(1) of this section, the Administrator determines

that such State -

(A) has the authority set forth in paragraph (1) of this

subsection, the Administrator shall approve the program and so

notify (i) such State and (ii) the Secretary, who upon subsequent

notification from such State that it is administering such

program, shall suspend the issuance of permits under subsections

(a) and (e) of this section for activities with respect to which

a permit may be issued pursuant to such State program; or

(B) does not have the authority set forth in paragraph (1) of

this subsection, the Administrator shall so notify such State,

which notification shall also describe the revisions or

modifications necessary so that such State may resubmit such

program for a determination by the Administrator under this

subsection.

(3) If the Administrator fails to make a determination with

respect to any program submitted by a State under subsection (g)(1)

of this section within one-hundred-twenty days after the date of

the receipt of such program, such program shall be deemed approved

pursuant to paragraph (2)(A) of this subsection and the

Administrator shall so notify such State and the Secretary who,

upon subsequent notification from such State that it is

administering such program, shall suspend the issuance of permits

under subsection (a) and (e) of this section for activities with

respect to which a permit may be issued by such State.

(4) After the Secretary receives notification from the

Administrator under paragraph (2) or (3) of this subsection that a

State permit program has been approved, the Secretary shall

transfer any applications for permits pending before the Secretary

for activities with respect to which a permit may be issued

pursuant to such State program to such State for appropriate

action.

(5) Upon notification from a State with a permit program approved

under this subsection that such State intends to administer and

enforce the terms and conditions of a general permit issued by the

Secretary under subsection (e) of this section with respect to

activities in such State to which such general permit applies, the

Secretary shall suspend the administration and enforcement of such

general permit with respect to such activities.

(i) Withdrawal of approval

Whenever the Administrator determines after public hearing that a

State is not administering a program approved under subsection

(h)(2)(A) of this section, in accordance with this section,

including, but not limited to, the guidelines established under

subsection (b)(1) of this section, the Administrator shall so

notify the State, and, if appropriate corrective action is not

taken within a reasonable time, not to exceed ninety days after the

date of the receipt of such notification, the Administrator shall

(1) withdraw approval of such program until the Administrator

determines such corrective action has been taken, and (2) notify

the Secretary that the Secretary shall resume the program for the

issuance of permits under subsections (a) and (e) of this section

for activities with respect to which the State was issuing permits

and that such authority of the Secretary shall continue in effect

until such time as the Administrator makes the determination

described in clause (1) of this subsection and such State again has

an approved program.

(j) Copies of applications for State permits and proposed general

permits to be transmitted to Administrator

Each State which is administering a permit program pursuant to

this section shall transmit to the Administrator (1) a copy of 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, and (2) a copy of each proposed general permit which

such State intends to issue. Not later than the tenth day after the

date of the receipt of such permit application or such proposed

general permit, the Administrator shall provide copies of such

permit application or such proposed general permit to the Secretary

and the Secretary of the Interior, acting through the Director of

the United States Fish and Wildlife Service. If the Administrator

intends to provide written comments to such State with respect to

such permit application or such proposed general permit, he shall

so notify such State not later than the thirtieth day after the

date of the receipt of such application or such proposed general

permit and provide such written comments to such State, after

consideration of any comments made in writing with respect to such

application or such proposed general permit by the Secretary and

the Secretary of the Interior, acting through the Director of the

United States Fish and Wildlife Service, not later than the

ninetieth day after the date of such receipt. If such State is so

notified by the Administrator, it shall not issue the proposed

permit until after the receipt of such comments from the

Administrator, or after such ninetieth day, whichever first occurs.

Such State shall not issue such proposed permit after such

ninetieth day if it has received such written comments in which the

Administrator objects (A) to the issuance of such proposed permit

and such proposed permit is one that has been submitted to the

Administrator pursuant to subsection (h)(1)(E) of this section, or

(B) to the issuance of such proposed permit as being outside the

requirements of this section, including, but not limited to, the

guidelines developed under subsection (b)(1) of this section unless

it modifies such proposed permit in accordance with such comments.

Whenever the Administrator objects to the issuance of a permit

under the preceding sentence such written objection shall contain a

statement of the reasons for such objection and the conditions

which such permit would include if it were issued by the

Administrator. In any case where the Administrator objects to the

issuance of a permit, on request of the State, a public hearing

shall be held by the Administrator on such objection. If the State

does not resubmit such permit revised to meet such objection within

30 days after completion of the hearing or, if no hearing is

requested within 90 days after the date of such objection, the

Secretary may issue the permit pursuant to subsection (a) or (e) of

this section, as the case may be, for such source in accordance

with the guidelines and requirements of this chapter.

(k) Waiver

In accordance with guidelines promulgated pursuant to subsection

(i)(2) of section 1314 of this title, the Administrator is

authorized to waive the requirements of subsection (j) of this

section at the time of the approval of a program pursuant to

subsection (h)(2)(A) of this section for any category (including

any class, type, or size within such category) of discharge within

the State submitting such program.

(g742l) Categories of discharges not subject to requirements

The Administrator shall promulgate regulations establishing

categories of discharges which he determines shall not be subject

to the requirements of subsection (j) of this section in any State

with a program approved pursuant to subsection (h)(2)(A) of this

section. The Administrator may distinguish among classes, types,

and sizes within any category of discharges.

(m) Comments on permit applications or proposed general permits by

Secretary of the Interior acting through Director of United

States Fish and Wildlife Service

Not later than the ninetieth day after the date on which the

Secretary notifies the Secretary of the Interior, acting through

the Director of the United States Fish and Wildlife Service that

(1) an application for a permit under subsection (a) of this

section has been received by the Secretary, or (2) the Secretary

proposes to issue a general permit under subsection (e) of this

section, the Secretary of the Interior, acting through the Director

of the United States Fish and Wildlife Service, shall submit any

comments with respect to such application or such proposed general

permit in writing to the Secretary.

(n) Enforcement authority not limited

Nothing in this section shall be construed to limit the authority

of the Administrator to take action pursuant to section 1319 of

this title.

(g742o) Public availability of permits and permit applications

A copy of each permit application and each permit issued under

this section shall be available to the public. Such permit

application or portion thereof, shall further be available on

request for the purpose of reproduction.

(p) Compliance

Compliance with a permit issued pursuant to this section,

including any activity carried out pursuant to a general permit

issued under this section, shall be deemed compliance, for purposes

of sections 1319 and 1365 of this title, with sections 1311, 1317,

and 1343 of this title.

(q) Minimization of duplication, needless paperwork, and delays in

issuance; agreements

Not later than the one-hundred-eightieth day after December 27,

1977, the Secretary shall enter into agreements with the

Administrator, the Secretaries of the Departments of Agriculture,

Commerce, Interior, and Transportation, and the heads of other

appropriate Federal agencies to minimize, to the maximum extent

practicable, duplication, needless paperwork, and delays in the

issuance of permits under this section. Such agreements shall be

developed to assure that, to the maximum extent practicable, a

decision with respect to an application for a permit under

subsection (a) of this section will be made not later than the

ninetieth day after the date the notice for such application is

published under subsection (a) of this section.

(r) Federal projects specifically authorized by Congress

The discharge of dredged or fill material as part of the

construction of a Federal project specifically authorized by

Congress, whether prior to or on or after December 27, 1977, is not

prohibited by or otherwise subject to regulation under this

section, or a State program approved under this section, or section

1311(a) or 1342 of this title (except for effluent standards or

prohibitions under section 1317 of this title), if information on

the effects of such discharge, including consideration of the

guidelines developed under subsection (b)(1) of this section, is

included in an environmental impact statement for such project

pursuant to the National Environmental Policy Act of 1969 [42

U.S.C. 4321 et seq.] and such environmental impact statement has

been submitted to Congress before the actual discharge of dredged

or fill material in connection with the construction of such

project and prior to either authorization of such project or an

appropriation of funds for such construction.

(s) Violation of permits

(1) Whenever on the basis of any information available to him the

Secretary finds that any person is in violation of any condition or

limitation set forth in a permit issued by the Secretary under this

section, the Secretary shall issue an order requiring such person

to comply with such condition or limitation, or the Secretary shall

bring a civil action in accordance with paragraph (3) of this

subsection.

(2) A copy of any order issued under this subsection shall be

sent immediately by the Secretary 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 Secretary

determines is reasonable, taking into account the seriousness of

the violation and any good faith efforts to comply with applicable

requirements. In any case in which an order under this subsection

is issued to a corporation, a copy of such order shall be served on

any appropriate corporate officers.

(3) The Secretary 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 paragraph (1) of this subsection. Any action under this

paragraph may be brought in the district court of the United States

for the district 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 acton (!1) shall be given immediately to the

appropriate State.

(4) Any person who violates any condition or limitation in a

permit issued by the Secretary under this section, and any person

who violates any order issued by the Secretary under paragraph (1)

of this subsection, shall be subject to a civil penalty not to

exceed $25,000 per day for each violation. In determining the

amount of a civil penalty the court shall consider the seriousness

of the violation or violations, the economic benefit (if any)

resulting from the violation, any history of such violations, any

good-faith efforts to comply with the applicable requirements, the

economic impact of the penalty on the violator, and such other

matters as justice may require.

(t) Navigable waters within State jurisdiction

Nothing in this section shall preclude or deny the right of any

State or interstate agency to control the discharge of dredged or

fill material in any portion of the navigable waters within the

jurisdiction of such State, including any activity of any Federal

agency, and each such agency shall comply with such State or

interstate requirements both substantive and procedural to control

the discharge of dredged or fill material to the same extent that

any person is subject to such requirements. This section shall not

be construed as affecting or impairing the authority of the

Secretary to maintain navigation.

-SOURCE-

(June 30, 1948, ch. 758, title IV, Sec. 404, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L.

95-217, Sec. 67(a), (b), Dec. 27, 1977, 91 Stat. 1600; Pub. L.

100-4, title III, Sec. 313(d), Feb. 4, 1987, 101 Stat. 45.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (r), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (s). Pub. L. 100-4 redesignated par. (5) as (4),

substituted "$25,000 per day for each violation" for "$10,000 per

day of such violation", inserted provision specifying factors to

consider in determining the penalty amount, and struck out former

par. (4) which read as follows:

"(A) Any person who willfully or negligently violates any

condition or limitation in a permit issued by the Secretary under

this section 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 conviction is for a

violation committed after a first conviction of such person under

this paragraph, punishment shall be by a fine of not more than

$50,000 per day of violation, or by imprisonment for not more than

two years, or by both.

"(B) For the purposes of this paragraph, the term 'person' shall

mean, in addition to the definition contained in section 1362(5) of

this title, any responsible corporate officer."

1977 - Subsec. (a). Pub. L. 95-217, Sec. 67(a)(1), substituted

"The Secretary" for "The Secretary of the Army, acting through the

Chief of Engineers," and inserted provision that, not later than

the fifteenth day after the date an applicant submits all the

information required to complete an application for a permit under

this subsection, the Secretary publish the notice required by this

subsection.

Subsecs. (b), (c). Pub. L. 95-217, Sec. 67(a)(2), substituted

"the Secretary" for "the Secretary of the Army".

Subsecs. (d) to (t). Pub. L. 95-217, Sec. 67(b), added subsecs.

(d) to (t).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Enforcement functions of Administrator or other official of the

Environmental Protection Agency and of Secretary or other official

in Department of the Interior relating to review of the Corps of

Engineers' dredged and fill material permits and such functions of

Secretary of the Army, Chief of Engineers, or other official in

Corps of Engineers of the United States Army relating to compliance

with dredged and fill material permits issued under this section

with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas were transferred to the Federal Inspector, Office of Federal

Inspector for the Alaska Natural Gas Transportation System, until

the first anniversary of the date of initial operation of the

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Secs. 102(a), (b), (e), 203(a), 44 F.R. 33663, 33666, 93

Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix

to Title 5, Government Organization and Employees. Office of

Federal Inspector for the Alaska Natural Gas Transportation System

abolished and functions and authority vested in Inspector

transferred to Secretary of Energy by section 3012(b) of Pub. L.

102-486, set out as an Abolition of Office of Federal Inspector

note under section 719e of Title 15, Commerce and Trade.

-MISC2-

REGULATORY PROGRAM

Pub. L. 106-377, Sec. 1(a)(2) [title I], Oct. 27, 2000, 114 Stat.

1441, 1441A-63, provided in part that: "For expenses necessary for

administration of laws pertaining to regulation of navigable waters

and wetlands, $125,000,000, to remain available until expended:

Provided, That the Secretary of the Army, acting through the Chief

of Engineers, is directed to use funds appropriated herein to: (1)

by March 1, 2001, supplement the report, Cost Analysis For the 1999

Proposal to Issue and Modify Nationwide Permits, to reflect the

Nationwide Permits actually issued on March 9, 2000, including

changes in the acreage limits, preconstruction notification

requirements and general conditions between the rule proposed on

July 21, 1999, and the rule promulgated and published in the

Federal Register; (2) after consideration of the cost analysis for

the 1999 proposal to issue and modify nationwide permits and the

supplement prepared pursuant to this Act [H.R. 5483, as enacted by

section 1(a)(2) of Pub. L. 106-377, see Tables for classification]

and by September 30, 2001, prepare, submit to Congress and publish

in the Federal Register a Permit Processing Management Plan by

which the Corps of Engineers will handle the additional work

associated with all projected increases in the number of individual

permit applications and preconstruction notifications related to

the new and replacement permits and general conditions. The Permit

Processing Management Plan shall include specific objective goals

and criteria by which the Corps of Engineers' progress towards

reducing any permit backlog can be measured; (3) beginning on

December 31, 2001, and on a biannual basis thereafter, report to

Congress and publish in the Federal Register, an analysis of the

performance of its program as measured against the criteria set out

in the Permit Processing Management Plan; (4) implement a 1-year

pilot program to publish quarterly on the U.S. Army Corps of

Engineer's Regulatory Program website all Regulatory Analysis and

Management Systems (RAMS) data for the South Pacific Division and

North Atlantic Division beginning within 30 days of the enactment

of this Act [Oct. 27, 2000]; and (5) publish in Division Office

websites all findings, rulings, and decisions rendered under the

administrative appeals process for the Corps of Engineers

Regulatory Program as established in Public Law 106-60 [113 Stat.

486]: Provided further, That, through the period ending on

September 30, 2003, the Corps of Engineers shall allow any

appellant to keep a verbatim record of the proceedings of the

appeals conference under the aforementioned administrative appeals

process: Provided further, That within 30 days of the enactment of

this Act, the Secretary of the Army, acting through the Chief of

Engineers, shall require all U.S. Army Corps of Engineers Divisions

and Districts to record the date on which a section 404 individual

permit application or nationwide permit notification is filed with

the Corps of Engineers: Provided further, That the Corps of

Engineers, when reporting permit processing times, shall track both

the date a permit application is first received and the date the

application is considered complete, as well as the reason that the

application is not considered complete upon first submission."

AUTHORITY TO DELEGATE TO STATE OF WASHINGTON FUNCTIONS OF THE

SECRETARY RELATING TO LAKE CHELAN, WASHINGTON

Section 76 of Pub. L. 95-217 provided that: "The Secretary of the

Army, acting through the Chief of Engineers, is authorized to

delegate to the State of Washington upon its request all or any

part of those functions vested in such Secretary by section 404 of

the Federal Water Pollution Control Act [this section] and by

sections 9, 10, and 13 of the Act of March 3, 1899 [sections 401,

403, and 407 of this title], relating to Lake Chelan, Washington,

if the Secretary determines (1) that such State has the authority,

responsibility, and capability to carry out such functions, and (2)

that such delegation is in the public interest. Such delegation

shall be subject to such terms and conditions as the Secretary

deems necessary, including, but not limited to, suspension and

revocation for cause of such delegation."

-EXEC-

CONTIGUOUS ZONE OF UNITED STATES

For extension of contiguous zone of United States, see Proc. No.

7219, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 59c-3, 59j-1, 59y, 59bb,

59bb-1, 59cc, 59dd, 59ff, 59gg, 59hh, 59jj, 426p, 1251, 1285, 1288,

1311, 1318, 1319, 1342, 1377, 2104, 2317 of this title; title 16

section 3822; title 42 section 9601.

-FOOTNOTE-

(!1) So in original. Probably should be "action".

-End-

-CITE-

33 USC Sec. 1345 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-

Sec. 1345. Disposal or use of sewage sludge

-STATUTE-

(a) Permit

Notwithstanding any other provision of this chapter 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 1292 of this title (including 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

in accordance with a permit issued by the Administrator under

section 1342 of this title.

(b) Issuance of permit; regulations

The Administrator shall issue regulations governing the issuance

of permits for the disposal of sewage sludge subject to subsection

(a) of this section and section 1342 of this title. Such

regulations shall require the application to such disposal of each

criterion, factor, procedure, and requirement applicable to a

permit issued under section 1342 of this title.

(c) State permit program

Each State desiring to administer its own permit program for

disposal of sewage sludge subject to subsection (a) of this section

within its jurisdiction may do so in accordance with section 1342

of this title.

(d) Regulations

(1) Regulations

The Administrator, after consultation with appropriate Federal

and State agencies and other interested persons, shall develop

and publish, within one year after December 27, 1977, and from

time to time thereafter, regulations providing guidelines for the

disposal of sludge and the utilization of sludge for various

purposes. Such regulations shall -

(A) identify uses for sludge, including disposal;

(B) specify factors to be taken into account in determining

the measures and practices applicable to each such use or

disposal (including publication of information on costs);

(C) identify concentrations of pollutants which interfere

with each such use or disposal.

The Administrator is authorized to revise any regulation issued

under this subsection.

(2) Identification and regulation of toxic pollutants

(A) On basis of available information

(i) Proposed regulations

Not later than November 30, 1986, the Administrator shall

identify those toxic pollutants which, on the basis of

available information on their toxicity, persistence,

concentration, mobility, or potential for exposure, may be

present in sewage sludge in concentrations which may

adversely affect public health or the environment, and

propose regulations specifying acceptable management

practices for sewage sludge containing each such toxic

pollutant and establishing numerical limitations for each

such pollutant for each use identified under paragraph

(1)(A).

(ii) Final regulations

Not later than August 31, 1987, and after opportunity for

public hearing, the Administrator shall promulgate the

regulations required by subparagraph (A)(i).

(B) Others

(i) Proposed regulations

Not later than July 31, 1987, the Administrator shall

identify those toxic pollutants not identified under

subparagraph (A)(i) which may be present in sewage sludge in

concentrations which may adversely affect public health or

the environment, and propose regulations specifying

acceptable management practices for sewage sludge containing

each such toxic pollutant and establishing numerical

limitations for each pollutant for each such use identified

under paragraph (1)(A).

(ii) Final regulations

Not later than June 15, 1988, the Administrator shall

promulgate the regulations required by subparagraph (B)(i).

(C) Review

From time to time, but not less often than every 2 years, the

Administrator shall review the regulations promulgated under

this paragraph for the purpose of identifying additional toxic

pollutants and promulgating regulations for such pollutants

consistent with the requirements of this paragraph.

(D) Minimum standards; compliance date

The management practices and numerical criteria established

under subparagraphs (A), (B), and (C) shall be adequate to

protect public health and the environment from any reasonably

anticipated adverse effects of each pollutant. Such regulations

shall require compliance as expeditiously as practicable but in

no case later than 12 months after their publication, unless

such regulations require the construction of new pollution

control facilities, in which case the regulations shall require

compliance as expeditiously as practicable but in no case later

than two years from the date of their publication.

(3) Alternative standards

For purposes of this subsection, if, in the judgment of the

Administrator, it is not feasible to prescribe or enforce a

numerical limitation for a pollutant identified under paragraph

(2), the Administrator may instead promulgate a design,

equipment, management practice, or operational standard, or

combination thereof, which in the Administrator's judgment is

adequate to protect public health and the environment from any

reasonably anticipated adverse effects of such pollutant. In the

event the Administrator promulgates a design or equipment

standard under this subsection, the Administrator shall include

as part of such standard such requirements as will assure the

proper operation and maintenance of any such element of design or

equipment.

(4) Conditions on permits

Prior to the promulgation of the regulations required by

paragraph (2), the Administrator shall impose conditions in

permits issued to publicly owned treatment works under section

1342 of this title or take such other measures as the

Administrator deems appropriate to protect public health and the

environment from any adverse effects which may occur from toxic

pollutants in sewage sludge.

(5) Limitation on statutory construction

Nothing in this section is intended to waive more stringent

requirements established by this chapter or any other law.

(e) Manner of sludge disposal

The determination of the manner of disposal or use of sludge is a

local determination, except that it shall be unlawful for any

person to dispose of sludge from a publicly owned treatment works

or any other treatment works treating domestic sewage for any use

for which regulations have been established pursuant to subsection

(d) of this section, except in accordance with such regulations.

(f) Implementation of regulations

(1) Through section 1342 permits

Any permit issued under section 1342 of this title to a

publicly owned treatment works or any other treatment works

treating domestic sewage shall include requirements for the use

and disposal of sludge that implement the regulations established

pursuant to subsection (d) of this section, unless such

requirements have been included in a permit issued under the

appropriate provisions of subtitle C of the Solid Waste Disposal

Act [42 U.S.C. 6921 et seq.], part C of the Safe Drinking Water

Act [42 U.S.C. 300h et seq.], the Marine Protection, Research,

and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et

seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], or the Clean Air Act

[42 U.S.C. 7401 et seq.], or under State permit programs approved

by the Administrator, where the Administrator determines that

such programs assure compliance with any applicable requirements

of this section. Not later than December 15, 1986, the

Administrator shall promulgate procedures for approval of State

programs pursuant to this paragraph.

(2) Through other permits

In the case of a treatment works described in paragraph (1)

that is not subject to section 1342 of this title and to which

none of the other above listed permit programs nor approved State

permit authority apply, the Administrator may issue a permit to

such treatment works solely to impose requirements for the use

and disposal of sludge that implement the regulations established

pursuant to subsection (d) of this section. The Administrator

shall include in the permit appropriate requirements to assure

compliance with the regulations established pursuant to

subsection (d) of this section. The Administrator shall establish

procedures for issuing permits pursuant to this paragraph.

(g) Studies and projects

(1) Grant program; information gathering

The Administrator is authorized to conduct or initiate

scientific studies, demonstration projects, and public

information and education projects which are designed to promote

the safe and beneficial management or use of sewage sludge for

such purposes as aiding the restoration of abandoned mine sites,

conditioning soil for parks and recreation areas, agricultural

and horticultural uses, and other beneficial purposes. For the

purposes of carrying out this subsection, the Administrator may

make grants to State water pollution control agencies, other

public or nonprofit agencies, institutions, organizations, and

individuals. In cooperation with other Federal departments and

agencies, other public and private agencies, institutions, and

organizations, the Administrator is authorized to collect and

disseminate information pertaining to the safe and beneficial use

of sewage sludge.

(2) Authorization of appropriations

For the purposes of carrying out the scientific studies,

demonstration projects, and public information and education

projects authorized in this section, there is authorized to be

appropriated for fiscal years beginning after September 30, 1986,

not to exceed $5,000,000.

-SOURCE-

(June 30, 1948, ch. 758, title IV, Sec. 405, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L.

95-217, Secs. 54(d), 68, Dec. 27, 1977, 91 Stat. 1591, 1606; Pub.

L. 100-4, title IV, Sec. 406(a)-(c), (f), Feb. 4, 1987, 101 Stat.

71, 72, 74.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (f)(1), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.

Subtitle C of the Solid Waste Disposal Act is classified generally

to subchapter III (Sec. 6921 et seq.) of chapter 82 of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 6901 of

Title 42 and Tables.

The Safe Drinking Water Act, referred to in subsec. (f)(1), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended. Part C of the Act is

classified generally to part C (Sec. 300h et seq.) of subchapter

XII of chapter 6A of Title 42. For complete classification of this

Act to the Code, see Short Title note set out under section 201 of

Title 42 and Tables.

The Marine Protection, Research, and Sanctuaries Act of 1972,

referred to in subsec. (f)(1), is Pub. L. 92-532, Oct. 23, 1972, 86

Stat. 1052, as amended, which is classified generally to chapters

32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,

Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1401 of this

title and Tables.

The Clean Air Act, referred to in subsec. (f)(1), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (d). Pub. L. 100-4, Sec. 406(a), designated

existing provision as par. (1), inserted heading, redesignated

former pars. (1) to (3) as subpars. (A) to (C), and added pars. (2)

to (5).

Pub. L. 100-4, Sec. 406(f), inserted heading "Regulations" and

aligned par. (1) with par. (3) and subpars. (A) to (C) of par. (1)

with subpar. (C) of par. (2).

Subsec. (e). Pub. L. 100-4, Sec. 406(b), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "The

determination of the manner of disposal or use of sludge is a local

determination except that it shall be unlawful for the owner or

operator of any publicly owned treatment works to dispose of sludge

from such works for any use for which guidelines have been

established pursuant to subsection (d) of this section, except in

accordance with such guidelines."

Subsecs. (f), (g). Pub. L. 100-4, Sec. 406(c), added subsecs. (f)

and (g).

1977 - Subsec. (a). Pub. L. 95-217, Sec. 68(a), substituted

"under section 1342 of this title" for "under this section".

Subsec. (b). Pub. L. 95-217, Secs. 54(d)(1), 68(b), (c),

substituted "sewage sludge subject to subsection (a) of this

section and section 1342 of this title" for "sewage sludge subject

to this section" and struck out ", as the Administrator determines

necessary to carry out the objective of this chapter" after "permit

issued under section 1342 of this title".

Subsec. (c). Pub. L. 95-217, Secs. 54(d)(2), 68(d), substituted

"disposal of sewage sludge subject to subsection (a) of this

section within its jurisdiction may do so in accordance with

section 1342 of this title" for "disposal of sewage sludge within

its jurisdiction may do so if upon submission of such program the

Administrator determines such program is adequate to carry out the

objective of this chapter".

Subsecs. (d), (e). Pub. L. 95-217, Sec. 54(d)(3), added subsecs.

(d) and (e).

REMOVAL CREDITS

Section 406(e) of Pub. L. 100-4 provided that: "The part of the

decision of Natural Resources Defense Council, Inc. v. U.S.

Environmental Protection Agency, No. 84-3530 (3d. Cir. 1986), which

addresses section 405(d) of the Federal Water Pollution Control Act

[33 U.S.C. 1345(d)] is stayed until August 31, 1987, with respect

to -

"(1) those publicly owned treatment works the owner or operator

of which received authority to revise pretreatment requirements

under section 307(b)(1) of such Act [33 U.S.C. 1317(b)(1)] before

the date of the enactment of this section [Feb. 4, 1987], and

"(2) those publicly owned treatment works the owner or operator

of which has submitted an application for authority to revise

pretreatment requirements under such section 307(b)(1) which

application is pending on such date of enactment and is approved

before August 31, 1987.

The Administrator shall not authorize any other removal credits

under such Act [33 U.S.C. 1251 et seq.] until the Administrator

issues the regulations required by paragraph (2)(A)(ii) of section

405(d) of such Act, as amended by subsection (a) of this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1317, 1318, 1319, 1365,

1369 of this title.

-End-

-CITE-

33 USC Sec. 1346 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-

Sec. 1346. Coastal recreation water quality monitoring and

notification

-STATUTE-

(a) Monitoring and notification

(1) In general

Not later than 18 months after October 10, 2000, after

consultation and in cooperation with appropriate Federal, State,

tribal, and local officials (including local health officials),

and after providing public notice and an opportunity for comment,

the Administrator shall publish performance criteria for -

(A) monitoring and assessment (including specifying available

methods for monitoring) of coastal recreation waters adjacent

to beaches or similar points of access that are used by the

public for attainment of applicable water quality standards for

pathogens and pathogen indicators; and

(B) the prompt notification of the public, local governments,

and the Administrator of any exceeding of or likelihood of

exceeding applicable water quality standards for coastal

recreation waters described in subparagraph (A).

(2) Level of protection

The performance criteria referred to in paragraph (1) shall

provide that the activities described in subparagraphs (A) and

(B) of that paragraph shall be carried out as necessary for the

protection of public health and safety.

(b) Program development and implementation grants

(1) In general

The Administrator may make grants to States and local

governments to develop and implement programs for monitoring and

notification for coastal recreation waters adjacent to beaches or

similar points of access that are used by the public.

(2) Limitations

(A) In general

The Administrator may award a grant to a State or a local

government to implement a monitoring and notification program

if -

(i) the program is consistent with the performance criteria

published by the Administrator under subsection (a) of this

section;

(ii) the State or local government prioritizes the use of

grant funds for particular coastal recreation waters based on

the use of the water and the risk to human health presented

by pathogens or pathogen indicators;

(iii) the State or local government makes available to the

Administrator the factors used to prioritize the use of funds

under clause (ii);

(iv) the State or local government provides a list of

discrete areas of coastal recreation waters that are subject

to the program for monitoring and notification for which the

grant is provided that specifies any coastal recreation

waters for which fiscal constraints will prevent consistency

with the performance criteria under subsection (a) of this

section; and

(v) the public is provided an opportunity to review the

program through a process that provides for public notice and

an opportunity for comment.

(B) Grants to local governments

The Administrator may make a grant to a local government

under this subsection for implementation of a monitoring and

notification program only if, after the 1-year period beginning

on the date of publication of performance criteria under

subsection (a)(1) of this section, the Administrator determines

that the State is not implementing a program that meets the

requirements of this subsection, regardless of whether the

State has received a grant under this subsection.

(3) Other requirements

(A) Report

A State recipient of a grant under this subsection shall

submit to the Administrator, in such format and at such

intervals as the Administrator determines to be appropriate, a

report that describes -

(i) data collected as part of the program for monitoring

and notification as described in subsection (c) of this

section; and

(ii) actions taken to notify the public when water quality

standards are exceeded.

(B) Delegation

A State recipient of a grant under this subsection shall

identify each local government to which the State has delegated

or intends to delegate responsibility for implementing a

monitoring and notification program consistent with the

performance criteria published under subsection (a) of this

section (including any coastal recreation waters for which the

authority to implement a monitoring and notification program

would be subject to the delegation).

(4) Federal share

(A) In general

The Administrator, through grants awarded under this section,

may pay up to 100 percent of the costs of developing and

implementing a program for monitoring and notification under

this subsection.

(B) Non-Federal share

The non-Federal share of the costs of developing and

implementing a monitoring and notification program may be -

(i) in an amount not to exceed 50 percent, as determined by

the Administrator in consultation with State, tribal, and

local government representatives; and

(ii) provided in cash or in kind.

(c) Content of State and local government programs

As a condition of receipt of a grant under subsection (b) of this

section, a State or local government program for monitoring and

notification under this section shall identify -

(1) lists of coastal recreation waters in the State, including

coastal recreation waters adjacent to beaches or similar points

of access that are used by the public;

(2) in the case of a State program for monitoring and

notification, the process by which the State may delegate to

local governments responsibility for implementing the monitoring

and notification program;

(3) the frequency and location of monitoring and assessment of

coastal recreation waters based on -

(A) the periods of recreational use of the waters;

(B) the nature and extent of use during certain periods;

(C) the proximity of the waters to known point sources and

nonpoint sources of pollution; and

(D) any effect of storm events on the waters;

(4)(A) the methods to be used for detecting levels of pathogens

and pathogen indicators that are harmful to human health; and

(B) the assessment procedures for identifying short-term

increases in pathogens and pathogen indicators that are harmful

to human health in coastal recreation waters (including increases

in relation to storm events);

(5) measures for prompt communication of the occurrence,

nature, location, pollutants involved, and extent of any

exceeding of, or likelihood of exceeding, applicable water

quality standards for pathogens and pathogen indicators to -

(A) the Administrator, in such form as the Administrator

determines to be appropriate; and

(B) a designated official of a local government having

jurisdiction over land adjoining the coastal recreation waters

for which the failure to meet applicable standards is

identified;

(6) measures for the posting of signs at beaches or similar

points of access, or functionally equivalent communication

measures that are sufficient to give notice to the public that

the coastal recreation waters are not meeting or are not expected

to meet applicable water quality standards for pathogens and

pathogen indicators; and

(7) measures that inform the public of the potential risks

associated with water contact activities in the coastal

recreation waters that do not meet applicable water quality

standards.

(d) Federal agency programs

Not later than 3 years after October 10, 2000, each Federal

agency that has jurisdiction over coastal recreation waters

adjacent to beaches or similar points of access that are used by

the public shall develop and implement, through a process that

provides for public notice and an opportunity for comment, a

monitoring and notification program for the coastal recreation

waters that -

(1) protects the public health and safety;

(2) is consistent with the performance criteria published under

subsection (a) of this section;

(3) includes a completed report on the information specified in

subsection (b)(3)(A) of this section, to be submitted to the

Administrator; and

(4) addresses the matters specified in subsection (c) of this

section.

(e) Database

The Administrator shall establish, maintain, and make available

to the public by electronic and other means a national coastal

recreation water pollution occurrence database that provides -

(1) the data reported to the Administrator under subsections

(b)(3)(A)(i) and (d)(3) of this section; and

(2) other information concerning pathogens and pathogen

indicators in coastal recreation waters that -

(A) is made available to the Administrator by a State or

local government, from a coastal water quality monitoring

program of the State or local government; and

(B) the Administrator determines should be included.

(f) Technical assistance for monitoring floatable material

The Administrator shall provide technical assistance to States

and local governments for the development of assessment and

monitoring procedures for floatable material to protect public

health and safety in coastal recreation waters.

(g) List of waters

(1) In general

Beginning not later than 18 months after the date of

publication of performance criteria under subsection (a) of this

section, based on information made available to the

Administrator, the Administrator shall identify, and maintain a

list of, discrete coastal recreation waters adjacent to beaches

or similar points of access that are used by the public that -

(A) specifies any waters described in this paragraph that are

subject to a monitoring and notification program consistent

with the performance criteria established under subsection (a)

of this section; and

(B) specifies any waters described in this paragraph for

which there is no monitoring and notification program

(including waters for which fiscal constraints will prevent the

State or the Administrator from performing monitoring and

notification consistent with the performance criteria

established under subsection (a) of this section).

(2) Availability

The Administrator shall make the list described in paragraph

(1) available to the public through -

(A) publication in the Federal Register; and

(B) electronic media.

(3) Updates

The Administrator shall update the list described in paragraph

(1) periodically as new information becomes available.

(h) EPA implementation

In the case of a State that has no program for monitoring and

notification that is consistent with the performance criteria

published under subsection (a) of this section after the last day

of the 3-year period beginning on the date on which the

Administrator lists waters in the State under subsection (g)(1)(B)

of this section, the Administrator shall conduct a monitoring and

notification program for the listed waters based on a priority

ranking established by the Administrator using funds appropriated

for grants under subsection (i) of this section -

(1) to conduct monitoring and notification; and

(2) for related salaries, expenses, and travel.

(i) Authorization of appropriations

There is authorized to be appropriated for making grants under

subsection (b) of this section, including implementation of

monitoring and notification programs by the Administrator under

subsection (h) of this section, $30,000,000 for each of fiscal

years 2001 through 2005.

-SOURCE-

(June 30, 1948, ch. 758, title IV, Sec. 406, as added Pub. L.

106-284, Sec. 4, Oct. 10, 2000, 114 Stat. 872.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1377 of this title.

-End-

-CITE-

33 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER V - GENERAL PROVISIONS

-End-

-CITE-

33 USC Sec. 1361 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1361. Administration

-STATUTE-

(a) Authority of Administrator to prescribe regulations

The Administrator is authorized to prescribe such regulations as

are necessary to carry out his functions under this chapter.

(b) Utilization of other agency officers and employees

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 chapter.

(c) Recordkeeping

Each recipient of financial assistance under this chapter shall

keep such records as the Administrator shall prescribe, including

records which fully disclose the amount and disposition by such

recipient 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 undertaking supplied by other sources, and such other

records as will facilitate effective audit.

(d) Audit

The Administrator and the Comptroller General of the United

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 chapter. For the purpose of

carrying out audits and examinations with respect to recipients of

Federal assistance under this chapter, the Administrator is

authorized to enter into noncompetitive procurement contracts with

independent State audit organizations, consistent with chapter 75

of title 31. Such contracts may only be entered into to the extent

and in such amounts as may be provided in advance in appropriation

Acts.

(e) Awards for outstanding technological achievement or innovative

processes, methods, or devices in waste treatment and pollution

abatement programs

(1) It is the purpose of this subsection to authorize a program

which will provide official recognition by the United States

Government 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 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 requirements under this chapter,

or otherwise does not have a satisfactory record with respect to

environmental quality.

(2) The Administrator shall award a certificate or plaque of

suitable design to each industrial organization or political

subdivision which qualifies for such recognition under regulations

established under this subsection.

(3) The President of the United States, the Governor of the

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) Detail of Environmental Protection Agency personnel to State

water pollution control agencies

Upon the request of a State water pollution control agency,

personnel of the Environmental Protection Agency may be detailed to

such agency for the purpose of carrying out the provisions of this

chapter.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 501, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 885; amended Pub. L. 100-4,

title V, Sec. 501, Feb. 4, 1987, 101 Stat. 75.)

-MISC1-

AMENDMENTS

1987 - Subsec. (d). Pub. L. 100-4 inserted provision at end

authorizing Administrator to enter into noncompetitive procurement

contracts with independent State audit organizations, consistent

with chapter 75 of title 31, but only to extent and in such amounts

as provided in advance in appropriations Acts.

ENVIRONMENTAL COURT FEASIBILITY STUDY

Section 9 of Pub. L. 92-500 authorized the President, acting

through the Attorney General, to study the feasibility of

establishing a separate court or court system with jurisdiction

over environmental matters and required him to report the results

of his study, together with his recommendations, to Congress not

later than one year after Oct. 18, 1972.

TRANSFER OF PUBLIC HEALTH SERVICE OFFICERS

Pub. L. 89-234, Sec. 2(b)-(k), Oct. 2, 1965, 79 Stat. 904, 905,

authorized the transfer of certain commissioned officers of the

Public Health Service to classified positions in the Federal Water

Pollution Control Administration, now the Environmental Protection

Agency, where such transfer was requested within six months after

the establishment of the Administration and made certain

administrative provisions relating to pension and retirement rights

of the transferees, sick leave benefits, group life insurance, and

certain other miscellaneous provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1283 of this title.

-End-

-CITE-

33 USC Sec. 1362 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1362. Definitions

-STATUTE-

Except as otherwise specifically provided, when used in this

chapter:

(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, the Commonwealth of the Northern Mariana Islands, 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

pursuant 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 1288 of this title.

(5) The term "person" means an individual, corporation,

partnership, association, State, municipality, commission, or

political subdivision of a State, or any interstate body.

(6) The term "pollutant" means dredged spoil, solid waste,

incinerator 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 or a

discharge incidental to the normal operation of a vessel of the

Armed Forces" within the meaning of section 1322 of this title; or

(B) water, gas, or other material which is injected into a well to

facilitate production of oil or gas, or water derived in

association 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 United

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

Convention of the Territorial Sea and the Contiguous Zone.

(10) The term "ocean" means any portion of the high 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 of chemical, physical, biological, and other

constituents which are discharged 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 the waters of the contiguous zone or the ocean from

any point source other than a vessel or other floating craft.

(13) The term "toxic pollutant" means those pollutants, or

combinations of pollutants, including disease-causing agents, which

after discharge and upon 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 available to the Administrator, cause

death, disease, behavioral abnormalities, 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. This term does not include agricultural stormwater

discharges and return flows from irrigated agriculture.

(15) The term "biological monitoring" shall mean the

determination of the effects on aquatic life, including

accumulation of pollutants 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

remedial measures including an enforceable sequence of actions or

operations 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 of

"Division D - 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.

(20) The term "medical waste" means isolation wastes; infectious

agents; human blood and blood products; pathological wastes;

sharps; body parts; contaminated bedding; surgical wastes and

potentially contaminated laboratory wastes; dialysis wastes; and

such additional medical items as the Administrator shall prescribe

by regulation.

(21) Coastal recreation waters. -

(A) In general. - The term "coastal recreation waters" means -

(i) the Great Lakes; and

(ii) marine coastal waters (including coastal estuaries) that

are designated under section 1313(c) of this title by a State

for use for swimming, bathing, surfing, or similar water

contact activities.

(B) Exclusions. - The term "coastal recreation waters" does not

include -

(i) inland waters; or

(ii) waters upstream of the mouth of a river or stream having

an unimpaired natural connection with the open sea.

(22) Floatable material. -

(A) In general. - The term "floatable material" means any

foreign matter that may float or remain suspended in the water

column.

(B) Inclusions. - The term "floatable material" includes -

(i) plastic;

(ii) aluminum cans;

(iii) wood products;

(iv) bottles; and

(v) paper products.

(23) Pathogen indicator. - The term "pathogen indicator" means a

substance that indicates the potential for human infectious

disease.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 502, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 886; amended Pub. L.

95-217, Sec. 33(b), Dec. 27, 1977, 91 Stat. 1577; Pub. L. 100-4,

title V, Secs. 502(a), 503, Feb. 4, 1987, 101 Stat. 75; Pub. L.

100-688, title III, Sec. 3202(a), Nov. 18, 1988, 102 Stat. 4154;

Pub. L. 104-106, div. A, title III, Sec. 325(c)(3), Feb. 10, 1996,

110 Stat. 259; Pub. L. 106-284, Sec. 5, Oct. 10, 2000, 114 Stat.

875.)

-MISC1-

AMENDMENTS

2000 - Pars. (21) to (23). Pub. L. 106-284 added pars. (21) to

(23).

1996 - Par. (6)(A). Pub. L. 104-106 substituted " 'sewage from

vessels or a discharge incidental to the normal operation of a

vessel of the Armed Forces' " for " 'sewage from vessels' ".

1988 - Par. (20). Pub. L. 100-688 added par. (20).

1987 - Par. (3). Pub. L. 100-4, Sec. 502(a), inserted "the

Commonwealth of the Northern Mariana Islands," after "Samoa,".

Par. (14). Pub. L. 100-4, Sec. 503, inserted "agricultural

stormwater discharges and" after "does not include".

1977 - Par. (14). Pub. L. 95-217 inserted provision that "point

source" does not include return flows from irrigated agriculture.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

-CROSS-

DEFINITION OF "POINT SOURCE"

Section 507 of Pub. L. 100-4 provided that: "For purposes of the

Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the

term 'point source' includes a landfill leachate collection

system."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1319 of this title; title

14 section 690; title 26 section 169; title 30 section 1419; title

42 sections 9117, 9601.

-End-

-CITE-

33 USC Sec. 1363 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1363. Water Pollution Control Advisory Board

-STATUTE-

(a) Establishment; composition; terms of office

(1) There is hereby established in the Environmental Protection

Agency a Water Pollution Control Advisory Board, composed 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 chapter, shall be selected from among

representatives of various State, interstate, and local

governmental agencies, 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 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.

(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 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 subsistence, as authorized by law for persons in the

Government service employed intermittently.

(b) Functions

The Board shall advise, consult with, and make recommendations to

the Administrator on matters of policy relating to the activities

and functions of the Administrator under this chapter.

(c) Clerical and technical assistance

Such clerical and technical assistance as may be necessary to

discharge the duties of the Board shall be provided from the

personnel of the Environmental Protection Agency.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 503, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 887.)

-REFTEXT-

REFERENCES IN TEXT

Travel expenses, including per diem in lieu of subsistence as

authorized by law, referred to in subsec. (a)(2)(B), probably means

the allowances authorized by section 5703 of Title 5, Government

Organization and Employees.

-MISC1-

CONTINUATION OF TERM OF OFFICE

Pub. L. 87-88, Sec. 6(c), July 20, 1961, 75 Stat. 207, provided

that members of the Water Pollution Control Advisory Board holding

office immediately preceding July 20, 1961 were to remain in office

as members of the Board as established by section 6(a) of Pub. L.

87-88 until the expiration of the terms of office for which they

were originally appointed.

TERMS OF OFFICE OF MEMBERS OF WATER POLLUTION CONTROL ADVISORY

BOARD

Act July 9, 1956, ch. 518, Sec. 3, 70 Stat. 507, provided that

the terms of office of members of the Water Pollution Control

Advisory Board, holding office on July 9, 1956, were to terminate

at the close of business on that date.

TERMINATION OF ADVISORY BOARDS

Advisory boards in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a board established by the President

or an officer of the Federal Government, such board is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a board established by the Congress, its duration

is otherwise provided for by law. See sections 3(2) and 14 of Pub.

L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix

to Title 5, Government Organization and Employees.

-End-

-CITE-

33 USC Sec. 1364 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1364. Emergency powers

-STATUTE-

(a) Emergency powers

Notwithstanding any other provision of this chapter, the

Administrator upon receipt of evidence that a pollution source or

combination 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 discharge of pollutants causing or

contributing to such pollution or to take such other action as may

be necessary.

(b) Repealed. Pub. L. 96-510, title III, Sec. 304(a), Dec. 11,

1980, 94 Stat. 2809

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 504, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L.

95-217, Sec. 69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96-510,

title III, Sec. 304(a), Dec. 11, 1980, 94 Stat. 2809.)

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-510 struck out subsec. (b) which

related to emergency assistance, establishment of an emergency

fund, and preparation of a contingency plan for such emergencies.

1977 - Pub. L. 95-217 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-510 effective Dec. 11, 1980, see section

9652 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1256, 1318 of this title;

title 42 sections 7412, 9606, 9654.

-End-

-CITE-

33 USC Sec. 1365 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1365. Citizen suits

-STATUTE-

(a) Authorization; jurisdiction

Except as provided in subsection (b) of this section and section

1319(g)(6) of this title, 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

extent permitted by the eleventh amendment to the Constitution)

who is alleged to be in violation of (A) an effluent standard or

limitation under this chapter or (B) an order issued by the

Administrator or a State with respect to such a standard or

limitation, or

(2) against the Administrator where there is alleged a failure

of the Administrator to perform any act or duty under this

chapter which is not discretionary with the Administrator.

The district courts shall have jurisdiction, without regard to the

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

1319(d) of this title.

(b) Notice

No action may be commenced -

(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 of

the United States, or a State to require compliance with 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

notification in the case of an action under this section respecting

a violation of sections 1316 and 1317(a) of this title. Notice

under this subsection shall be given in such manner as the

Administrator shall prescribe by regulation.

(c) Venue; intervention by Administrator; United States interests

protected

(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.

(3) Protection of interests of united states. - Whenever any

action is brought under this section in a court of the United

States, the plaintiff shall serve a copy of the complaint on the

Attorney General and the Administrator. No consent judgment shall

be entered in an action in which the United States is not a party

prior to 45 days following the receipt of a copy of the proposed

consent judgment by the Attorney General and the Administrator.

(d) Litigation costs

The court, in issuing any final order in any action brought

pursuant to this section, may award costs of litigation (including

reasonable attorney and expert witness fees) to any prevailing or

substantially prevailing party, whenever the court determines such

award is appropriate. The court may, if a temporary restraining

order or preliminary injunction is sought, require the filing of a

bond or equivalent security in accordance with the Federal Rules of

Civil Procedure.

(e) Statutory or common law rights not restricted

Nothing in this section shall restrict any right which any person

(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) Effluent standard or limitation

For purposes of this section, the term "effluent standard or

limitation under this chapter" means (1) effective July 1, 1973, an

unlawful act under subsection (a) of section 1311 of this title;

(2) an effluent limitation or other limitation under section 1311

or 1312 of this title; (3) standard of performance under section

1316 of this title; (4) prohibition, effluent standard or

pretreatment standards under section 1317 of this title; (5)

certification under section 1341 of this title; (6) a permit or

condition thereof issued under section 1342 of this title, which is

in effect under this chapter (including a requirement applicable by

reason of section 1323 of this title); or (7) a regulation under

section 1345(d) of this title,.(!1)

(g) "Citizen" defined

For the purposes of this section the term "citizen" means a

person or persons having an interest which is or may be adversely

affected.

(h) Civil action by State Governors

A Governor of a State may commence a civil action under

subsection (a) of this section, 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 chapter 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.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 505, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 100-4,

title III, Sec. 314(c), title IV, Sec. 406(d)(2), title V, Secs.

504, 505(c), Feb. 4, 1987, 101 Stat. 49, 73, 75, 76.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (d),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-4, Sec. 314(c), inserted "and

section 1319(g)(6) of this title" after "subsection (b) of this

section" in introductory text.

Subsec. (c)(3). Pub. L. 100-4, Sec. 504, added par. (3).

Subsec. (d). Pub. L. 100-4, Sec. 505(c), inserted "prevailing or

substantially prevailing" before "party".

Subsec. (f). Pub. L. 100-4, Sec. 406(d)(2), added cl. (7).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1319, 1321, 1329, 1342,

1344 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

33 USC Sec. 1366 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1366. Appearance

-STATUTE-

The Administrator shall request the Attorney General to appear

and represent the United States in any civil or criminal action

instituted under this chapter 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 represent the United States in

such action.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 506, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 889.)

-End-

-CITE-

33 USC Sec. 1367 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1367. Employee protection

-STATUTE-

(a) Discrimination against persons filing, instituting, or

testifying in proceedings under this chapter prohibited

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 chapter, or has

testified or is about to testify in any proceeding resulting from

the administration or enforcement of the provisions of this

chapter.

(b) Application for review; investigation; hearing; review

Any employee or a representative of employees who believes that

he has been fired or otherwise discriminated against by any person

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

respondent. Upon receipt of such application, the Secretary of

Labor shall 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 shall be subject to section

554 of title 5. 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 reinstatement of the

employee or representative of employees to his former position with

compensation. If he finds that there was no such violation, 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 chapter.

(c) Costs and expenses

Whenever an order is issued under this section to abate such

violation, at the request of the applicant, a sum equal to the

aggregate 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 person committing such violation.

(d) Deliberate violations by employee acting without direction from

his employer or his agent

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 limitation under section 1311 or 1312 of this title,

standards of performance under section 1316 of this title, effluent

standard, prohibition or pretreatment standard under section 1317

of this title, or any other prohibition or limitation established

under this chapter.

(e) Investigations of employment reductions

The Administrator shall conduct continuing evaluations of

potential loss or shifts of employment which may result from the

issuance of any effluent limitation or order under this chapter,

including, where appropriate, investigating threatened plant

closures or reductions 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 chapter, or any

representative of such employee, may request the Administrator to

conduct a full investigation of the matter. The Administrator shall

thereupon investigate the matter and, at the request of any party,

shall hold public hearings on not less than five days notice, and

shall at such hearings require the parties, including the employer

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. Upon

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

discrimination and shall make such recommendations as he deems

appropriate. Such report, findings, and recommendations shall be

available 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

chapter.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 507, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 890.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1369 of this title.

-End-

-CITE-

33 USC Sec. 1368 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1368. Federal procurement

-STATUTE-

(a) Contracts with violators prohibited

No Federal agency may enter into any contract with any person,

who has been convicted of any offense under section 1319(c) of this

title, for the procurement of goods, materials, and services if

such contract is to be performed at any facility at which the

violation 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) Notification of agencies

The Administrator shall establish procedures to provide all

Federal agencies with the notification necessary for the purposes

of subsection (a) of this section.

(c) Omitted

(d) Exemptions

The President may exempt any contract, loan, or grant from all or

part of the provisions of this section where he determines such

exemption is necessary in the paramount interest of the United

States and he shall notify the Congress of such exemption.

(e) Annual report to Congress

The President shall annually report to the Congress on measures

taken in compliance with the purpose and intent of this section,

including, but not limited to, the progress and problems associated

with such compliance.

(f) Contractor certification or contract clause in acquisition of

commercial items

(1) No certification by a contractor, and no contract clause, may

be required in the case of a contract for the acquisition of

commercial items in order to implement a prohibition or requirement

of this section or a prohibition or requirement issued in the

implementation of this section.

(2) In paragraph (1), the term "commercial item" has the meaning

given such term in section 403(12) of title 41.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 508, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L.

103-355, title VIII, Sec. 8301(a), Oct. 13, 1994, 108 Stat. 3396.)

-COD-

CODIFICATION

Subsec. (c) of this section authorized the President to cause to

be issued, not more than 180 days after October 18, 1972, an order

(1) requiring each Federal agency authorized to enter into

contracts or to extend Federal assistance by way of grant, loan, or

contract, to effectuate the purpose and policy of this chapter, and

(2) setting forth procedures, sanctions and penalties as the

President determines necessary to carry out such requirement.

-MISC1-

AMENDMENTS

1994 - Subsec. (f). Pub. L. 103-355 added subsec. (f).

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L.

103-355, see section 10001 of Pub. L. 103-355, set out as a note

under section 251 of Title 41, Public Contracts.

ADMINISTRATION OF CHAPTER WITH RESPECT TO FEDERAL CONTRACTS,

GRANTS, OR LOANS

For provisions concerning the administration of this chapter with

respect to Federal contracts, grants, or loans, see Ex. Ord. No.

11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under

section 7606 of Title 42, The Public Health and Welfare.

-End-

-CITE-

33 USC Sec. 1369 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1369. Administrative procedure and judicial review

-STATUTE-

(a) Subpenas

(1) For purposes of obtaining information under section 1315 of

this title, or carrying out section 1367(e) of this title, the

Administrator may issue subpenas for the attendance and testimony

of witnesses and the production of relevant papers, books, and

documents, and he may administer oaths. Except for effluent data,

upon a showing satisfactory to the Administrator that such papers,

books, documents, or information or particular part thereof, if

made public, would divulge trade secrets or secret processes, the

Administrator shall consider such record, report, or information or

particular portion thereof confidential in accordance with the

purposes of section 1905 of title 18, except that such paper, book,

document, or information may be disclosed to other officers,

employees, or authorized representatives of the United States

concerned with carrying out this chapter, or when relevant in any

proceeding under this chapter. 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 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

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 punished by such court as a

contempt thereof.

(2) The district courts of the United States are authorized, upon

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 1314(b) and (c) of this title. 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.

(b) Review of Administrator's actions; selection of court; fees

(1) Review of the Administrator's action (A) in promulgating any

standard of performance under section 1316 of this title, (B) in

making any determination pursuant to section 1316(b)(1)(C) of this

title, (C) in promulgating any effluent standard, prohibition, or

pretreatment standard under section 1317 of this title, (D) in

making any determination as to a State permit program submitted

under section 1342(b) of this title, (E) in approving or

promulgating any effluent limitation or other limitation under

section 1311, 1312, 1316, or 1345 of this title, (F) in issuing or

denying any permit under section 1342 of this title, and (G) in

promulgating any individual control strategy under section 1314(l)

of this title, 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 business which

is directly affected by such action upon application by such

person. Any such application shall be made within 120 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 120th 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 in any civil or criminal

proceeding for enforcement.

(3) Award of fees. - In any judicial proceeding under this

subsection, the court may award costs of litigation (including

reasonable attorney and expert witness fees) to any prevailing or

substantially prevailing party whenever it determines that such

award is appropriate.

(c) Additional evidence

In any judicial proceeding brought under subsection (b) of this

section in which review is sought of a determination under this

chapter required to be made on the record after notice and

opportunity for hearing, if any party applies to the court for

leave to adduce additional 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 findings, and his recommendation,

if any, for the modification or setting aside of his original

determination, with the return of such additional evidence.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 509, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L.

93-207, Sec. 1(6), Dec. 28, 1973, 87 Stat. 906; Pub. L. 100-4,

title III, Sec. 308(b), title IV, Sec. 406(d)(3), title V, Sec.

505(a), (b), Feb. 4, 1987, 101 Stat. 39, 73, 75; Pub. L. 100-236,

Sec. 2, Jan. 8, 1988, 101 Stat. 1732.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b)(3), (4). Pub. L. 100-236 redesignated par. (4)

as (3) and struck out former par. (3) relating to venue, which

provided for selection procedure in subpar. (A), administrative

provisions in subpar. (B), and transfers in subpar. (C).

1987 - Subsec. (b)(1). Pub. L. 100-4, Secs. 308(b), 406(d)(3),

505(a), substituted "transacts business which is directly affected

by such action" for "transacts such business", "120" for "ninety",

and "120th" for "ninetieth", substituted "1316, or 1345 of this

title" for "or 1316 of this title" in cl. (E), and added cl. (G).

Subsec. (b)(3), (4). Pub. L. 100-4, Sec. 505(b), added pars. (3)

and (4).

1973 - Subsec. (b)(1)(C). Pub. L. 93-207 substituted

"pretreatment" for "treatment".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-236 effective 180 days after Jan. 8,

1988, see section 3 of Pub. L. 100-236, set out as a note under

section 2112 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-

33 USC Sec. 1370 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1370. State authority

-STATUTE-

Except as expressly provided in this chapter, nothing in this

chapter shall (1) preclude or deny the right of any State or

political subdivision 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, prohibition, pretreatment standard,

or standard of performance is in effect under this chapter, 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 chapter; or (2) be

construed as impairing or in any manner affecting any right or

jurisdiction of the States with respect to the waters (including

boundary waters) of such States.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 510, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 893.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1311, 1342 of this title.

-End-

-CITE-

33 USC Sec. 1371 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1371. Authority under other laws and regulations

-STATUTE-

(a) Impairment of authority or functions of officials and agencies;

treaty provisions

This chapter 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 chapter; (2)

affecting or impairing the authority of the Secretary 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 1344

of this title shall be conclusive as to the effect on water quality

of any discharge resulting from any activity subject to section 403

of this title, or (3) affecting or impairing the provisions of any

treaty of the United States.

(b) Discharges of pollutants into navigable waters

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.

441-451b) shall be regulated pursuant to this chapter, and not

subject to such Act of 1910 and the Act of 1888 except as to effect

on navigation and anchorage.

(c) Action of the Administrator deemed major Federal action;

construction of the National Environmental Policy Act of 1969

(1) Except for the provision of Federal financial assistance for

the purpose of assisting the construction of publicly owned

treatment works as authorized by section 1281 of this title, and

the issuance of a permit under section 1342 of this title for the

discharge of any pollutant by a new source as defined in section

1316 of this title, no action of the Administrator taken pursuant

to this chapter 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) [42 U.S.C. 4321 et seq.]; and

(2) Nothing in the National Environmental Policy Act of 1969 (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

discharge of a pollutant into the navigable waters to review any

effluent limitation or other requirement established pursuant to

this chapter or the adequacy of any certification under section

1341 of this title; or

(B) authorize any such agency to impose, as a condition

precedent to the issuance of any license or permit, any effluent

limitation other than any such limitation established pursuant to

this chapter.

(d) Consideration of international water pollution control

agreements

Notwithstanding this chapter or any other provision of law, the

Administrator (1) shall not require any State to consider in the

development of the ranking in order of priority of needs for the

construction of treatment works (as defined in subchapter II of

this chapter), any water pollution control agreement which may have

been entered into between the United States and any other nation,

and (2) shall not consider any such agreement in the approval of

any such priority ranking.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 511, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L.

93-243, Sec. 3, Jan. 2, 1974, 87 Stat. 1069.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3,

1899, ch. 425, 30 Stat. 1121, as amended, which enacted sections

401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and

687 of this title and amended section 686 of this title. For

complete classification of this Act to the Code, see Tables.

The Rivers and Harbors Act of 1910, referred to in subsec. (b),

probably means act June 23, 1910, ch. 359, 36 Stat. 593.

The Supervisory Harbors Act of 1888, referred to in subsec. (b),

probably means act June 29, 1888, ch. 496, 25 Stat. 209, as

amended, which is classified generally to subchapter III (Sec. 441

et seq.) of chapter 9 of this title. For complete classification of

this Act to the Code, see Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1974 - Subsec. (d). Pub. L. 93-243 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1341, 1382 of this title.

-End-

-CITE-

33 USC Sec. 1372 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1372. Labor standards

-STATUTE-

The Administrator shall take such action as may be necessary to

insure that all laborers and mechanics employed by contractors or

subcontractors on treatment works for which grants are made under

this chapter 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 sections 3141-3144, 3146, and 3147 of title 40. The

Secretary of Labor shall have, with respect to the labor standards

specified in this subsection,(!1) the authority and functions set

forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and

section 3145 of title 40.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 513, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is

Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64

Stat. 1267, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Act of March 3, 1931, as amended, known as the

Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., sec. 276a through

276a-5)" and "section 3145 of title 40" substituted for "section 2

of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C.

276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1382 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section,".

-End-

-CITE-

33 USC Sec. 1373 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1373. Public health agency coordination

-STATUTE-

The permitting agency under section 1342 of this title shall

assist the applicant for a permit under such section in

coordinating the requirements of this chapter with those of the

appropriate public health agencies.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 514, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)

-End-

-CITE-

33 USC Sec. 1374 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1374. Effluent Standards and Water Quality Information

Advisory Committee

-STATUTE-

(a) Establishment; membership; term

(1) There is established an Effluent Standards and Water Quality

Information Advisory Committee, which shall be composed of a

Chairman and eight members who shall be appointed by the

Administrator within sixty days after October 18, 1972.

(2) All members of the Committee shall be selected from the

scientific community, qualified by education, training, and

experience to provide, assess, and evaluate scientific and

technical information on effluent standards and limitations.

(3) Members of the Committee shall serve for a term of four

years, and may be reappointed.

(b) Action on proposed regulations

(1) No later than one hundred and eighty days prior to the date

on which the Administrator is required to publish any proposed

regulations required by section 1314(b) of this title, any proposed

standard of performance for new sources required by section 1316 of

this title, or any proposed toxic effluent standard required by

section 1317 of this title, 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

constitute a part of the administrative record and comments on any

proposed regulations or standards as information to be considered

with other comments and information in making any final

determinations.

(4) In preparing information for transmittal, the Committee 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) Secretary; legal counsel; compensation

(1) The Committee shall appoint and prescribe the duties of a

Secretary, and such legal counsel as it deems necessary. The

Committee 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 III of chapter

53 of title 5.

(2) Members of the Committee shall be entitled to receive

compensation at a rate to be fixed by the President 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.

(d) Quorum; special panel

Five members of the Committee shall constitute a quorum, and

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

such hearing to the entire Committee for its action thereon.

(e) Rules

The Committee is authorized to make such rules as are necessary

for the orderly transaction of its business.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 515, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section 14

of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

33 USC Sec. 1375 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1375. Reports to Congress; detailed estimates and

comprehensive study on costs; State estimates

-STATUTE-

(a) Implementation of chapter objectives; status and progress of

programs

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 chapter, on

measures taken toward implementing the objective of this chapter,

including, but not limited to, (1) the progress and problems

associated with developing comprehensive plans under section 1252

of this title, areawide plans under section 1288 of this title,

basin plans under section 1289 of this title, and plans under

section 1313(e) of this title; (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

programs,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 this chapter during the preceding year; (6) the

status of State, interstate, and local pollution control programs

established pursuant to, and assisted by, this chapter; (7) a

summary of the results of the survey required to be taken under

section 1290 of this title; (8) his activities including

recommendations under sections 1259 through 1261 of this title; and

(9) all reports and recommendations made by the Water Pollution

Control Advisory Board.

(b) Detailed estimates and comprehensive study on costs; State

estimates, survey form

(1) The Administrator, in cooperation with the States, including

water pollution control agencies and other water pollution control

planning agencies, shall make (A) a detailed estimate of the cost

of carrying out the provisions of this chapter; (B) a detailed

estimate, biennially 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; (C) a comprehensive study of the

economic impact on affected units of government of the cost of

installation of treatment facilities; and (D) 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 chapter or applicable

State law. The Administrator shall submit such detailed estimate

and such comprehensive 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 furnish copies of such

estimate together with such detailed estimate to Congress.

(2) Notwithstanding the second sentence of paragraph (1) of this

subsection, the Administrator shall make a preliminary detailed

estimate called for by subparagraph (B) of such paragraph and shall

submit such preliminary detailed estimate to the Congress no later

than September 3, 1974. The Administrator shall require each State

to prepare an estimate of cost for such State, and shall utilize

the survey form EPA-1, O.M.B. No. 158-R0017, prepared for the 1973

detailed estimate, except that such estimate shall include all

costs of compliance with section 1281(g)(2)(A) of this title and

water quality standards established pursuant to section 1313 of

this title, and all costs of treatment works as defined in section

1292(2) of this title, including all eligible costs of constructing

sewage collection systems and correcting excessive infiltration or

inflow and all eligible costs of correcting combined storm and

sanitary sewer problems and treating storm water flows. The survey

form shall be distributed by the Administrator to each State no

later than January 31, 1974.

(c) Status of combined sewer overflows in municipal treatment works

operations

The Administrator shall submit to the Congress by October 1,

1978, a report on the status of combined sewer overflows in

municipal treatment works operations. The report shall include (1)

the status of any projects funded under this chapter to address

combined sewer overflows (2) a listing by State of combined sewer

overflow needs identified in the 1977 State priority listings, (3)

an estimate for each applicable municipality of the number of years

necessary, assuming an annual authorization and appropriation for

the construction grants program of $5,000,000,000, to correct

combined sewer overflow problems, (4) an analysis using

representative municipalities faced with major combined sewer

overflow needs, of the annual discharges of pollutants from

overflows in comparison to treated effluent discharges, (5) an

analysis of the technological alternatives available to

municipalities to correct major combined sewer overflow problems,

and (6) any recommendations of the Administrator for legislation to

address the problem of combined sewer overflows, including whether

a separate authorization and grant program should be established by

the Congress to address combined sewer overflows.

(d) Legislative recommendations on program requiring coordination

between water supply and wastewater control plans as condition

for construction grants; public hearing

The Administrator, in cooperation with the States, including

water pollution control agencies, and other water pollution control

planning agencies, and water supply and water resources agencies of

the States and the United States shall submit to Congress, within

two years of December 27, 1977, a report with recommendations for

legislation on a program to require coordination between water

supply and wastewater control plans as a condition to grants for

construction of treatment works under this chapter. No such report

shall be submitted except after opportunity for public hearings on

such proposed report.

(e) State revolving fund report

(1) In general

Not later than February 10, 1990, the Administrator shall

submit to Congress a report on the financial status and

operations of water pollution control revolving funds established

by the States under subchapter VI of this chapter. The

Administrator shall prepare such report in cooperation with the

States, including water pollution control agencies and other

water pollution control planning and financing agencies.

(2) Contents

The report under this subsection shall also include the

following:

(A) an inventory of the facilities that are in significant

noncompliance with the enforceable requirements of this

chapter;

(B) an estimate of the cost of construction necessary to

bring such facilities into compliance with such requirements;

(C) an assessment of the availability of sources of funds for

financing such needed construction, including an estimate of

the amount of funds available for providing assistance for such

construction through September 30, 1999, from the water

pollution control revolving funds established by the States

under subchapter VI of this chapter;

(D) an assessment of the operations, loan portfolio, and loan

conditions of such revolving funds;

(E) an assessment of the effect on user charges of the

assistance provided by such revolving funds compared to the

assistance provided with funds appropriated pursuant to section

1287 of this title; and

(F) an assessment of the efficiency of the operation and

maintenance of treatment works constructed with assistance

provided by such revolving funds compared to the efficiency of

the operation and maintenance of treatment works constructed

with assistance provided under section 1281 of this title.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 516, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 895; amended Pub. L.

93-243, Sec. 4, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs.

70-72, Dec. 27, 1977, 91 Stat. 1608, 1609; Pub. L. 100-4, title II,

Sec. 212(c), Feb. 4, 1987, 101 Stat. 27; Pub. L. 104-66, title II,

Sec. 2021(d), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105-362, title

V, Sec. 501(d)(1), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 107-303,

title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a) to (e). Pub. L. 107-303 repealed Pub. L.

105-362, Sec. 501(d)(1). See 1998 Amendment notes below.

1998 - Subsec. (a). Pub. L. 105-362, Sec. 501(d)(1)(A), which

directed the striking out of subsec. (a), was repealed by Pub. L.

107-303. See Effective Date of 2002 Amendment note below.

Subsec. (b). Pub. L. 105-362, Sec. 501(d), which directed the

striking out of par. (1) designation, redesignation of subpars. (A)

to (D) as pars. (1) to (4), respectively, and striking out of par.

(2), was repealed by Pub. L. 107-303. See Effective Date of 2002

Amendment note below.

Subsecs. (c) to (e). Pub. L. 105-362, Sec. 501(d)(1)(A), which

directed the striking out of subsecs. (c) to (e), was repealed by

Pub. L. 107-303. See Effective Date of 2002 Amendment note below.

1995 - Subsecs. (d), (e), (g). Pub. L. 104-66 redesignated

subsecs. (e) and (g) as (d) and (e), respectively, and struck out

former subsec. (d) which related to status reports on the use of

municipal secondary effluent and sludge for agricultural and other

purposes that utilize the nutrient value of treated wastewater

effluent.

1987 - Subsec. (g). Pub. L. 100-4 added subsec. (g).

1977 - Subsecs. (c) to (e). Pub. L. 95-217 added subsecs. (c) to

(e).

1974 - Subsec. (b). Pub. L. 93-243 designated existing paragraph

as par. (1) and cls. (1) to (4) as (A) to (D), and added par. (2).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal

Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and

administered on and after Nov. 27, 2002, as if amendments made by

section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see

section 302(b) of Pub. L. 107-303, set out as a note under section

1254 of this title.

STUDIES AND REPORTS

Pub. L. 100-4, title III, Sec. 308(g), Feb. 4, 1987, 101 Stat.

40, directed Administrator to conduct a water quality improvement

study and report results of such study to specified Congressional

committees not later than 2 years after Feb. 4, 1987.

Pub. L. 100-4, title III, Sec. 314(b), Feb. 4, 1987, 101 Stat.

49, directed Secretary of the Army and Administrator to each

prepare a report on enforcement mechanisms and to submit the

reports to Congress not later than Dec. 1, 1988.

Pub. L. 100-4, title IV, Sec. 404(c), Feb. 4, 1987, 101 Stat. 69,

directed Administrator to study extent to which States have adopted

water quality standards in accordance with section 1313a of this

title and extent to which modifications of permits issued under

section 1342(a)(1)(B) of this title for the purpose of reflecting

revisions of water quality standards be encouraged and to submit a

report on such study to Congress not later than 2 years after Feb.

4, 1987, prior to repeal by Pub. L. 104-66, title II, Sec.

2021(e)(1), Dec. 21, 1995, 109 Stat. 727.

Pub. L. 100-4, title V, Sec. 516, Feb. 4, 1987, 101 Stat. 86,

directed Administrator to conduct a study of de minimis discharges

and report results of such study to specified Congressional

committees not later than 1 year after Feb. 4, 1987.

Pub. L. 100-4, title V, Sec. 517, Feb. 4, 1987, 101 Stat. 86,

directed Administrator to conduct a study of effectiveness of

innovative and alternative wastewater processes and techniques and

report results of such study to specified Congressional committees

not later than 1 year after Feb. 4, 1987.

Pub. L. 100-4, title V, Sec. 518, Feb. 4, 1987, 101 Stat. 86,

directed Administrator to conduct a study of testing procedures

established under section 1314(h) of this title for analysis of

pollutants and report results of such study to specified

Congressional committees not later than 1 year after Feb. 4, 1987.

Pub. L. 100-4, title V, Sec. 519, Feb. 4, 1987, 101 Stat. 87,

directed Administrator to conduct a study of pretreatment of toxic

pollutants and report results of such study to specified

Congressional committees not later than 4 years after Feb. 4, 1987.

Pub. L. 100-4, title V, Sec. 520, Feb. 4, 1987, 101 Stat. 87,

directed Administrator, in conjunction with State and local

agencies, to conduct studies of water pollution problems in

aquifers and report result of such studies to Congress not later

than 2 years after Feb. 4, 1987.

Pub. L. 100-4, title V, Sec. 522, Feb. 4, 1987, 101 Stat. 88,

directed Administrator to conduct a study on sulfide corrosion in

collection and treatment systems and report results of such study

to specified Congressional committees not later than 1 year after

Feb. 4, 1987.

Pub. L. 100-4, title V, Sec. 523, Feb. 4, 1987, 101 Stat. 89,

directed Administrator to conduct a study of rainfall induced

infiltration into sewer systems and report results of such study to

Congress not later than 1 year after Feb. 4, 1987.

Pub. L. 100-4, title V, Sec. 524, Feb. 4, 1987, 101 Stat. 89,

directed Administrator to conduct a study of dam water quality and

report results of such study to Congress not later than Dec. 31,

1987.

Pub. L. 100-4, title V, Sec. 525, Feb. 4, 1987, 101 Stat. 89,

directed Administrator to conduct a study of pollution in Lake Pend

Oreille, Idaho, and the Clark Fork River and its tributaries,

Idaho, Montana, and Washington, and to report to Congress findings

and recommendations.

DETAILED ESTIMATES, COMPREHENSIVE STUDY, AND COMPREHENSIVE

ANALYSIS; REPORT TO CONGRESS NOT LATER THAN DECEMBER 31, 1982

Pub. L. 97-117, Sec. 25, Dec. 29, 1981, 95 Stat. 1633, provided

that the Administrator of the Environmental Protection Agency

submit to the Congress, not later than December 31, 1982, a report

containing the detailed estimates, comprehensive study, and

comprehensive analysis required by section 1375(b) of this title,

including an estimate of the total cost and the amount of Federal

funds necessary for the construction of needed publicly owned

treatment facilities, such report to reflect the changes made in

the Federal water pollution control program by Pub. L. 97-117 [see

Short Title of 1981 Amendment note set out under section 1251 of

this title]. The Administrator was to give emphasis to the effects

of the amendment made by section 2(a) of Pub. L. 97-117 [amending

section 1281(g)(1) of this title] in addressing water quality needs

adequately and appropriately.

STUDY AND REPORT TO CONGRESS BY SECRETARY OF THE INTERIOR OF

FINANCING WATER POLLUTION PREVENTION, CONTROL, AND ABATEMENT

PROGRAMS

Pub. L. 91-224, title I, Sec. 109, Apr. 3, 1970, 34 Stat. 113,

directed the Secretary of the Interior to conduct a full and

complete investigation and study of the feasibility of all methods

of financing the cost of preventing, controlling, and abating water

pollution, other than methods authorized by existing law, with

results of such investigation and study to be reported to Congress

no later than Dec. 31, 1970, together with the recommendations of

the Secretary for financing the programs for preventing,

controlling, and abating water pollution for the fiscal years

beginning after fiscal year 1971, including any necessary

legislation.

TERMINATION OF ADVISORY BOARDS

Advisory boards in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a board established by the President

or an officer of the Federal Government, such board is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a board established by the Congress, its duration

is otherwise provided by law, see sections 3(2) and 14 of Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1254, 1266, 1285, 1290,

1301 of this title.

-End-

-CITE-

33 USC Sec. 1375a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1375a. Report on coastal recreation waters

-STATUTE-

(a) In general

Not later than 4 years after October 10, 2000, and every 4 years

thereafter, the Administrator of the Environmental Protection

Agency shall submit to Congress a report that includes -

(1) recommendations concerning the need for additional water

quality criteria for pathogens and pathogen indicators and other

actions that should be taken to improve the quality of coastal

recreation waters;

(2) an evaluation of Federal, State, and local efforts to

implement this Act, including the amendments made by this Act;

and

(3) recommendations on improvements to methodologies and

techniques for monitoring of coastal recreation waters.

(b) Coordination

The Administrator of the Environmental Protection Agency may

coordinate the report under this section with other reporting

requirements under the Federal Water Pollution Control Act (33

U.S.C. 1251 et seq.).

-SOURCE-

(Pub. L. 106-284, Sec. 7, Oct. 10, 2000, 114 Stat. 876.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(2), is Pub. L. 106-284, Oct.

10, 2000, 114 Stat. 870, known as the Beaches Environmental

Assessment and Coastal Health Act of 2000. For complete

classification of this Act to the Code, see Short Title of 2000

Amendment note set out under section 1251 of this title and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(b), is act June 30, 1948, ch. 758, as amended generally by Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to this chapter. For complete classification of this Act

to the Code, see Short Title note set out under section 1251 of

this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Beaches Environmental

Assessment and Coastal Health Act of 2000, and not as part of the

Federal Water Pollution Control Act which comprises this chapter.

-End-

-CITE-

33 USC Sec. 1376 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1376. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

chapter, other than sections 1254, 1255, 1256(a), 1257, 1258, 1262,

1263, 1264, 1265, 1286, 1287, 1288(f) and (h), 1289, 1314, 1321(c),

(d), (i), (l), and (k),(!1) 1324, 1325, and 1327 of this title,

$250,000,000 for the fiscal year ending June 30, 1973, $300,000,000

for the fiscal year ending June 30, 1974, $350,000,000 for the

fiscal year ending June 30, 1975, $100,000,000 for the fiscal year

ending September 30, 1977, $150,000,000 for the fiscal year ending

September 30, 1978, $150,000,000 for the fiscal year ending

September 30, 1979, $150,000,000 for the fiscal year ending

September 30, 1980, $150,000,000 for the fiscal year ending

September 30, 1981, $161,000,000 for the fiscal year ending

September 30, 1982, such sums as may be necessary for fiscal years

1983 through 1985, and $135,000,000 per fiscal year for each of the

fiscal years 1986 through 1990.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 517, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 896; amended Pub. L.

95-217, Sec. 4(g), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 96-483,

Sec. 1(g), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4, title I,

Sec. 101(h), Feb. 4, 1987, 101 Stat. 9.)

-REFTEXT-

REFERENCES IN TEXT

Section 1321(k) of this title, referred to in text, was repealed

by Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18, 1990, 104

Stat. 507.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-4 struck out "and" after "1981," and inserted

", such sums as may be necessary for fiscal years 1983 through

1985, and $135,000,000 per fiscal year for each of the fiscal years

1986 through 1990" after "1982".

1980 - Pub. L. 96-483 inserted authorization of $150,000,000 for

fiscal year ending Sept. 30, 1981 and $161,000,000 for fiscal year

ending Sept. 30, 1982.

1977 - Pub. L. 95-217 substituted "$350,000,000 for the fiscal

year ending June 30, 1975, $100,000,000 for the fiscal year ending

September 30, 1977, $150,000,000 for the fiscal year ending

September 30, 1978, $150,000,000 for the fiscal year ending

September 30, 1979, and $150,000,000 for the fiscal year ending

September 30, 1980" for "and $350,000,000 for the fiscal year

ending June 30, 1975".

AUTHORIZATION APPROVAL FOR FUNDS APPROPRIATED BEFORE DECEMBER 27,

1977, FOR EXPENDITURES THROUGH FISCAL YEAR ENDING SEPTEMBER 30,

1977

Section 3 of Pub. L. 95-217 provided that funds appropriated

before Dec. 27, 1977 for expenditure during the fiscal year ending

June 30, 1976, the transition quarter ending September 30, 1976,

and the fiscal year ending September 30, 1977, under authority of

this chapter were authorized for those purposes for which

appropriated.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 1377 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1377. Indian tribes

-STATUTE-

(a) Policy

Nothing in this section shall be construed to affect the

application of section 1251(g) of this title, and all of the

provisions of this section shall be carried out in accordance with

the provisions of such section 1251(g) of this title. Indian tribes

shall be treated as States for purposes of such section 1251(g) of

this title.

(b) Assessment of sewage treatment needs; report

The Administrator, in cooperation with the Director of the Indian

Health Service, shall assess the need for sewage treatment works to

serve Indian tribes, the degree to which such needs will be met

through funds allotted to States under section 1285 of this title

and priority lists under section 1296 of this title, and any

obstacles which prevent such needs from being met. Not later than

one year after February 4, 1987, the Administrator shall submit a

report to Congress on the assessment under this subsection, along

with recommendations specifying (1) how the Administrator intends

to provide assistance to Indian tribes to develop waste treatment

management plans and to construct treatment works under this

chapter, and (2) methods by which the participation in and

administration of programs under this chapter by Indian tribes can

be maximized.

(c) Reservation of funds

The Administrator shall reserve each fiscal year beginning after

September 30, 1986, before allotments to the States under section

1285(e) of this title, one-half of one percent of the sums

appropriated under section 1287 of this title. Sums reserved under

this subsection shall be available only for grants for the

development of waste treatment management plans and for the

construction of sewage treatment works to serve Indian tribes, as

defined in subsection (h) of this section and former Indian

reservations in Oklahoma (as determined by the Secretary of the

Interior) and Alaska Native Villages as defined in Public Law

92-203 [43 U.S.C. 1601 et seq.].

(d) Cooperative agreements

In order to ensure the consistent implementation of the

requirements of this chapter, an Indian tribe and the State or

States in which the lands of such tribe are located may enter into

a cooperative agreement, subject to the review and approval of the

Administrator, to jointly plan and administer the requirements of

this chapter.

(e) Treatment as States

The Administrator is authorized to treat an Indian tribe as a

State for purposes of subchapter II of this chapter and sections

1254, 1256, 1313, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344,

and 1346 of this title to the degree necessary to carry out the

objectives of this section, but only if -

(1) the Indian tribe has a governing body carrying out

substantial governmental duties and powers;

(2) the functions to be exercised by the Indian tribe pertain

to the management and protection of water resources which are

held by an Indian tribe, held by the United States in trust for

Indians, held by a member of an Indian tribe if such property

interest is subject to a trust restriction on alienation, or

otherwise within the borders of an Indian reservation; and

(3) the Indian tribe is reasonably expected to be capable, in

the Administrator's judgment, of carrying out the functions to be

exercised in a manner consistent with the terms and purposes of

this chapter and of all applicable regulations.

Such treatment as a State may include the direct provision of funds

reserved under subsection (c) of this section to the governing

bodies of Indian tribes, and the determination of priorities by

Indian tribes, where not determined by the Administrator in

cooperation with the Director of the Indian Health Service. The

Administrator, in cooperation with the Director of the Indian

Health Service, is authorized to make grants under subchapter II of

this chapter in an amount not to exceed 100 percent of the cost of

a project. Not later than 18 months after February 4, 1987, the

Administrator shall, in consultation with Indian tribes, promulgate

final regulations which specify how Indian tribes shall be treated

as States for purposes of this chapter. The Administrator shall, in

promulgating such regulations, consult affected States sharing

common water bodies and provide a mechanism for the resolution of

any unreasonable consequences that may arise as a result of

differing water quality standards that may be set by States and

Indian tribes located on common bodies of water. Such mechanism

shall provide for explicit consideration of relevant factors

including, but not limited to, the effects of differing water

quality permit requirements on upstream and downstream dischargers,

economic impacts, and present and historical uses and quality of

the waters subject to such standards. Such mechanism should provide

for the avoidance of such unreasonable consequences in a manner

consistent with the objective of this chapter.

(f) Grants for nonpoint source programs

The Administrator shall make grants to an Indian tribe under

section 1329 of this title as though such tribe was a State. Not

more than one-third of one percent of the amount appropriated for

any fiscal year under section 1329 of this title may be used to

make grants under this subsection. In addition to the requirements

of section 1329 of this title, an Indian tribe shall be required to

meet the requirements of paragraphs (1), (2), and (3) of subsection

(d) (!1) of this section in order to receive such a grant.

(g) Alaska Native organizations

No provision of this chapter shall be construed to -

(1) grant, enlarge, or diminish, or in any way affect the scope

of the governmental authority, if any, of any Alaska Native

organization, including any federally-recognized tribe,

traditional Alaska Native council, or Native council organized

pursuant to the Act of June 18, 1934 (48 Stat. 987), over lands

or persons in Alaska;

(2) create or validate any assertion by such organization or

any form of governmental authority over lands or persons in

Alaska; or

(3) in any way affect any assertion that Indian country, as

defined in section 1151 of title 18, exists or does not exist in

Alaska.

(h) Definitions

For purposes of this section, the term -

(1) "Federal Indian reservation" means all land within the

limits of any Indian reservation under the jurisdiction of the

United States Government, notwithstanding the issuance of any

patent, and including rights-of-way running through the

reservation; and

(2) "Indian tribe" means any Indian tribe, band, group, or

community recognized by the Secretary of the Interior and

exercising governmental authority over a Federal Indian

reservation.

-SOURCE-

(June 30, 1948, ch. 758, title V, Sec. 518, as added Pub. L. 100-4,

title V, Sec. 506, Feb. 4, 1987, 101 Stat. 76; amended Pub. L.

100-581, title II, Sec. 207, Nov. 1, 1988, 102 Stat. 2940; Pub. L.

106-284, Sec. 6, Oct. 10, 2000, 114 Stat. 876.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 92-203, referred to in subsec. (c), is Pub. L. 92-203,

Dec. 18, 1971, 85 Stat. 688, as amended, known as the Alaska Native

Claims Settlement Act, which is classified generally to chapter 33

(Sec. 1601 et seq.) of Title 43, Public Lands. The term "Alaska

Native Villages" is defined in section 3 of Pub. L. 92-203 which is

classified to section 1602 of Title 43. For complete classification

of this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

Act of June 18, 1934 (48 Stat. 987), referred to in subsec.

(g)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended,

popularly known as the Indian Reorganization Act, which enacted

sections 461, 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474,

475, 476 to 478, and 479 of Title 25, Indians. For complete

classification of this Act to the Code, see Short Title note set

out under section 461 of Title 25 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 518 of act June 30, 1948, was renumbered section

519 and is set out as a note under section 1251 of this title.

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-284 substituted "1344, and 1346

of this title" for "and 1344 of this title" in introductory

provisions.

1988 - Subsec. (c). Pub. L. 100-581 inserted ", as defined in

subsection (h) of this section and former Indian reservations in

Oklahoma (as determined by the Secretary of the Interior) and

Alaska Native Villages as defined in Public Law 92-203" before

period at end.

GRANTS TO INDIAN TRIBES

Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 685, provided

in part: "That for fiscal year 2002, and notwithstanding section

518(f) of the Federal Water Pollution Control Act, as amended [33

U.S.C. 1377(f)], the Administrator is authorized to use the amounts

appropriated for any fiscal year under section 319 of that Act [33

U.S.C. 1329] to make grants to Indian tribes pursuant to section

319(h) and 518(e) of that Act".

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-377, Sec. 1(a)(1) [title III], Oct. 27, 2000, 114

Stat. 1441, 1441A-43.

Pub. L. 106-74, title III, Oct. 20, 1999, 113 Stat. 1083.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(e)".

-End-

-CITE-

33 USC SUBCHAPTER VI - STATE WATER POLLUTION CONTROL

REVOLVING FUNDS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1285, 1330, 1375,

1414b of this title; title 42 section 300j-14.

-End-

-CITE-

33 USC Sec. 1381 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-

Sec. 1381. Grants to States for establishment of revolving funds

-STATUTE-

(a) General authority

Subject to the provisions of this subchapter, the Administrator

shall make capitalization grants to each State for the purpose of

establishing a water pollution control revolving fund for providing

assistance (1) for construction of treatment works (as defined in

section 1292 of this title) which are publicly owned, (2) for

implementing a management program under section 1329 of this title,

and (3) for developing and implementing a conservation and

management plan under section 1330 of this title.

(b) Schedule of grant payments

The Administrator and each State shall jointly establish a

schedule of payments under which the Administrator will pay to the

State the amount of each grant to be made to the State under this

subchapter. Such schedule shall be based on the State's intended

use plan under section 1386(c) of this title, except that -

(1) such payments shall be made in quarterly installments, and

(2) such payments shall be made as expeditiously as possible,

but in no event later than the earlier of -

(A) 8 quarters after the date such funds were obligated by

the State, or

(B) 12 quarters after the date such funds were allotted to

the State.

-SOURCE-

(June 30, 1948, ch. 758, title VI, Sec. 601, as added Pub. L.

100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 22.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1301 of this title.

-End-

-CITE-

33 USC Sec. 1382 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-

Sec. 1382. Capitalization grant agreements

-STATUTE-

(a) General rule

To receive a capitalization grant with funds made available under

this subchapter and section 1285(m) of this title, a State shall

enter into an agreement with the Administrator which shall include

but not be limited to the specifications set forth in subsection

(b) of this section.

(b) Specific requirements

The Administrator shall enter into an agreement under this

section with a State only after the State has established to the

satisfaction of the Administrator that -

(1) the State will accept grant payments with funds to be made

available under this subchapter and section 1285(m) of this title

in accordance with a payment schedule established jointly by the

Administrator under section 1381(b) of this title and will

deposit all such payments in the water pollution control

revolving fund established by the State in accordance with this

subchapter;

(2) the State will deposit in the fund from State moneys an

amount equal to at least 20 percent of the total amount of all

capitalization grants which will be made to the State with funds

to be made available under this subchapter and section 1285(m) of

this title on or before the date on which each quarterly grant

payment will be made to the State under this subchapter;

(3) the State will enter into binding commitments to provide

assistance in accordance with the requirements of this subchapter

in an amount equal to 120 percent of the amount of each such

grant payment within 1 year after the receipt of such grant

payment;

(4) all funds in the fund will be expended in an expeditious

and timely manner;

(5) all funds in the fund as a result of capitalization grants

under this subchapter and section 1285(m) of this title will

first be used to assure maintenance of progress, as determined by

the Governor of the State, toward compliance with enforceable

deadlines, goals, and requirements of this chapter, including the

municipal compliance deadline;

(6) treatment works eligible under section 1383(c)(1) of this

title which will be constructed in whole or in part before fiscal

year 1995 with funds directly made available by capitalization

grants under this subchapter and section 1285(m) of this title

will meet the requirements of, or otherwise be treated (as

determined by the Governor of the State) under sections 1281(b),

1281(g)(1), 1281(g)(2), 1281(g)(3), 1281(g)(5), 1281(g)(6),

1281(n)(1), 1281(o), 1284(a)(1), 1284(a)(2), 1284(b)(1),

1284(d)(2), 1291, 1298, 1371(c)(1), and 1372 of this title in the

same manner as treatment works constructed with assistance under

subchapter II of this chapter;

(7) in addition to complying with the requirements of this

subchapter, the State will commit or expend each quarterly grant

payment which it will receive under this subchapter in accordance

with laws and procedures applicable to the commitment or

expenditure of revenues of the State;

(8) in carrying out the requirements of section 1386 of this

title, the State will use accounting, audit, and fiscal

procedures conforming to generally accepted government accounting

standards;

(9) the State will require as a condition of making a loan or

providing other assistance, as described in section 1383(d) of

this title, from the fund that the recipient of such assistance

will maintain project accounts in accordance with generally

accepted government accounting standards; and

(10) the State will make annual reports to the Administrator on

the actual use of funds in accordance with section 1386(d) of

this title.

-SOURCE-

(June 30, 1948, ch. 758, title VI, Sec. 602, as added Pub. L.

100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 22.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1385, 1386 of this title.

-End-

-CITE-

33 USC Sec. 1383 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-

Sec. 1383. Water pollution control revolving loan funds

-STATUTE-

(a) Requirements for obligation of grant funds

Before a State may receive a capitalization grant with funds made

available under this subchapter and section 1285(m) of this title,

the State shall first establish a water pollution control revolving

fund which complies with the requirements of this section.

(b) Administration

Each State water pollution control revolving fund shall be

administered by an instrumentality of the State with such powers

and limitations as may be required to operate such fund in

accordance with the requirements and objectives of this chapter.

(c) Projects eligible for assistance

The amounts of funds available to each State water pollution

control revolving fund shall be used only for providing financial

assistance (1) to any municipality, intermunicipal, interstate, or

State agency for construction of publicly owned treatment works (as

defined in section 1292 of this title), (2) for the implementation

of a management program established under section 1329 of this

title, and (3) for development and implementation of a conservation

and management plan under section 1330 of this title. The fund

shall be established, maintained, and credited with repayments, and

the fund balance shall be available in perpetuity for providing

such financial assistance.

(d) Types of assistance

Except as otherwise limited by State law, a water pollution

control revolving fund of a State under this section may be used

only -

(1) to make loans, on the condition that -

(A) such loans are made at or below market interest rates,

including interest free loans, at terms not to exceed 20 years;

(B) annual principal and interest payments will commence not

later than 1 year after completion of any project and all loans

will be fully amortized not later than 20 years after project

completion;

(C) the recipient of a loan will establish a dedicated source

of revenue for repayment of loans; and

(D) the fund will be credited with all payments of principal

and interest on all loans;

(2) to buy or refinance the debt obligation of municipalities

and intermunicipal and interstate agencies within the State at or

below market rates, where such debt obligations were incurred

after March 7, 1985;

(3) to guarantee, or purchase insurance for, local obligations

where such action would improve credit market access or reduce

interest rates;

(4) as a source of revenue or security for the payment of

principal and interest on revenue or general obligation bonds

issued by the State if the proceeds of the sale of such bonds

will be deposited in the fund;

(5) to provide loan guarantees for similar revolving funds

established by municipalities or intermunicipal agencies;

(6) to earn interest on fund accounts; and

(7) for the reasonable costs of administering the fund and

conducting activities under this subchapter, except that such

amounts shall not exceed 4 percent of all grant awards to such

fund under this subchapter.

(e) Limitation to prevent double benefits

If a State makes, from its water pollution revolving fund, a loan

which will finance the cost of facility planning and the

preparation of plans, specifications, and estimates for

construction of publicly owned treatment works, the State shall

ensure that if the recipient of such loan receives a grant under

section 1281(g) of this title for construction of such treatment

works and an allowance under section 1281(l)(1) of this title for

non-Federal funds expended for such planning and preparation, such

recipient will promptly repay such loan to the extent of such

allowance.

(f) Consistency with planning requirements

A State may provide financial assistance from its water pollution

control revolving fund only with respect to a project which is

consistent with plans, if any, developed under sections 1285(j),

1288, 1313(e), 1329, and 1330 of this title.

(g) Priority list requirement

The State may provide financial assistance from its water

pollution control revolving fund only with respect to a project for

construction of a treatment works described in subsection (c)(1) of

this section if such project is on the State's priority list under

section 1296 of this title. Such assistance may be provided

regardless of the rank of such project on such list.

(h) Eligibility of non-Federal share of construction grant projects

A State water pollution control revolving fund may provide

assistance (other than under subsection (d)(1) of this section) to

a municipality or intermunicipal or interstate agency with respect

to the non-Federal share of the costs of a treatment works project

for which such municipality or agency is receiving assistance from

the Administrator under any other authority only if such assistance

is necessary to allow such project to proceed.

-SOURCE-

(June 30, 1948, ch. 758, title VI, Sec. 603, as added Pub. L.

100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 23.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1301, 1382 of this title.

-End-

-CITE-

33 USC Sec. 1384 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-

Sec. 1384. Allotment of funds

-STATUTE-

(a) Formula

Sums authorized to be appropriated to carry out this section for

each of fiscal years 1989 and 1990 shall be allotted by the

Administrator in accordance with section 1285(c) of this title.

(b) Reservation of funds for planning

Each State shall reserve each fiscal year 1 percent of the sums

allotted to such State under this section for such fiscal year, or

$100,000, whichever amount is greater, to carry out planning under

sections 1285(j) and 1313(e) of this title.

(c) Allotment period

(1) Period of availability for grant award

Sums allotted to a State under this section for a fiscal year

shall be available for obligation by the State during the fiscal

year for which sums are authorized and during the following

fiscal year.

(2) Reallotment of unobligated funds

The amount of any allotment not obligated by the State by the

last day of the 2-year period of availability established by

paragraph (1) shall be immediately reallotted by the

Administrator on the basis of the same ratio as is applicable to

sums allotted under subchapter II of this chapter for the second

fiscal year of such 2-year period. None of the funds reallotted

by the Administrator shall be reallotted to any State which has

not obligated all sums allotted to such State in the first fiscal

year of such 2-year period.

-SOURCE-

(June 30, 1948, ch. 758, title VI, Sec. 604, as added Pub. L.

100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25.)

-MISC1-

USE OF CAPITALIZATION GRANT FUNDS FOR CONSTRUCTION GRANTS

Pub. L. 101-144, title III, Nov. 9, 1989, 103 Stat. 858, as

amended by Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 238,

provided: "That, notwithstanding any other provision of law, sums

heretofore, herein or hereafter appropriated under this heading

["Environmental Protection Agency" and "construction grants"]

allotted for title VI [33 U.S.C. 1381 et seq.] capitalization

grants to American Samoa, Commonwealth of the Northern Mariana

Islands, Guam, the Republic of Palau (or its successor entity),

Virgin Islands and the District of Columbia, may be used for title

II [33 U.S.C. 1281 et seq.] construction grants at the request of

the chief executive of each of the above named entities, and sums

appropriated in fiscal year 1989 shall remain available for

obligation until September 30, 1992."

-End-

-CITE-

33 USC Sec. 1385 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-

Sec. 1385. Corrective action

-STATUTE-

(a) Notification of noncompliance

If the Administrator determines that a State has not complied

with its agreement with the Administrator under section 1382 of

this title or any other requirement of this subchapter, the

Administrator shall notify the State of such noncompliance and the

necessary corrective action.

(b) Withholding of payments

If a State does not take corrective action within 60 days after

the date a State receives notification of such action under

subsection (a) of this section, the Administrator shall withhold

additional payments to the State until the Administrator is

satisfied that the State has taken the necessary corrective action.

(c) Reallotment of withheld payments

If the Administrator is not satisfied that adequate corrective

actions have been taken by the State within 12 months after the

State is notified of such actions under subsection (a) of this

section, the payments withheld from the State by the Administrator

under subsection (b) of this section shall be made available for

reallotment in accordance with the most recent formula for

allotment of funds under this subchapter.

-SOURCE-

(June 30, 1948, ch. 758, title VI, Sec. 605, as added Pub. L.

100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25.)

-End-

-CITE-

33 USC Sec. 1386 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-

Sec. 1386. Audits, reports, and fiscal controls; intended use plan

-STATUTE-

(a) Fiscal control and auditing procedures

Each State electing to establish a water pollution control

revolving fund under this subchapter shall establish fiscal

controls and accounting procedures sufficient to assure proper

accounting during appropriate accounting periods for -

(1) payments received by the fund;

(2) disbursements made by the fund; and

(3) fund balances at the beginning and end of the accounting

period.

(b) Annual Federal audits

The Administrator shall, at least on an annual basis, conduct or

require each State to have independently conducted reviews and

audits as may be deemed necessary or appropriate by the

Administrator to carry out the objectives of this section. Audits

of the use of funds deposited in the water pollution revolving fund

established by such State shall be conducted in accordance with the

auditing procedures of the General Accounting Office, including

chapter 75 of title 31.

(c) Intended use plan

After providing for public comment and review, each State shall

annually prepare a plan identifying the intended uses of the

amounts available to its water pollution control revolving fund.

Such intended use plan shall include, but not be limited to -

(1) a list of those projects for construction of publicly owned

treatment works on the State's priority list developed pursuant

to section 1296 of this title and a list of activities eligible

for assistance under sections 1329 and 1330 of this title;

(2) a description of the short- and long-term goals and

objectives of its water pollution control revolving fund;

(3) information on the activities to be supported, including a

description of project categories, discharge requirements under

subchapters III and IV of this chapter, terms of financial

assistance, and communities served;

(4) assurances and specific proposals for meeting the

requirements of paragraphs (3), (4), (5), and (6) of section

1382(b) of this title; and

(5) the criteria and method established for the distribution of

funds.

(d) Annual report

Beginning the first fiscal year after the receipt of payments

under this subchapter, the State shall provide an annual report to

the Administrator describing how the State has met the goals and

objectives for the previous fiscal year as identified in the plan

prepared for the previous fiscal year pursuant to subsection (c) of

this section, including identification of loan recipients, loan

amounts, and loan terms and similar details on other forms of

financial assistance provided from the water pollution control

revolving fund.

(e) Annual Federal oversight review

The Administrator shall conduct an annual oversight review of

each State plan prepared under subsection (c) of this section, each

State report prepared under subsection (d) of this section, and

other such materials as are considered necessary and appropriate in

carrying out the purposes of this subchapter. After reasonable

notice by the Administrator to the State or the recipient of a loan

from a water pollution control revolving fund, the State or loan

recipient shall make available to the Administrator such records as

the Administrator reasonably requires to review and determine

compliance with this subchapter.

(f) Applicability of subchapter II provisions

Except to the extent provided in this subchapter, the provisions

of subchapter II of this chapter shall not apply to grants under

this subchapter.

-SOURCE-

(June 30, 1948, ch. 758, title VI, Sec. 606, as added Pub. L.

100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1301, 1381, 1382 of this

title.

-End-

-CITE-

33 USC Sec. 1387 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-

Sec. 1387. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to carry out the purposes

of this subchapter the following sums:

(1) $1,200,000,000 per fiscal year for each of fiscal years

1989 and 1990;

(2) $2,400,000,000 for fiscal year 1991;

(3) $1,800,000,000 for fiscal year 1992;

(4) $1,200,000,000 for fiscal year 1993; and

(5) $600,000,000 for fiscal year 1994.

-SOURCE-

(June 30, 1948, ch. 758, title VI, Sec. 607, as added Pub. L.

100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 26.)

-End-