-CITE-

33 USC Sec. 1289 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1289. Basin planning

-STATUTE-

(a) Preparation of Level B plans

The President, acting through the Water Resources Council, shall,

as soon as practicable, prepare a Level B plan under the Water

Resources Planning Act [42 U.S.C. 1962 et seq.] for all basins in

the United States. All such plans shall be completed not later than

January 1, 1980, except that priority in the preparation of such

plans shall be given to those basins and portions thereof which are

within those areas designated under paragraphs (2), (3), and (4) of

subsection (a) of section 1288 of this title.

(b) Reporting requirements

The President, acting through the Water Resources Council, shall

report annually to Congress on progress being made in carrying out

this section. The first such report shall be submitted not later

than January 31, 1973.

(c) Authorization of appropriations

There is authorized to be appropriated to carry out this section

not to exceed $200,000,000.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 209, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 843.)

-REFTEXT-

REFERENCES IN TEXT

The Water Resources Planning Act, referred to in subsec. (a), is

Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is

classified generally to chapter 19B (Sec. 1962 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

1962 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1287, 1313, 1375, 1376 of

this title.

-End-

-CITE-

33 USC Sec. 1290 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1290. Annual survey

-STATUTE-

The Administrator shall annually make a survey to determine the

efficiency of the operation and maintenance of treatment works

constructed with grants made under this chapter, as compared to the

efficiency planned at the time the grant was made. The results of

such annual survey shall be included in the report required under

section 1375(a) of this title.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 210, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L.

105-362, title V, Sec. 501(d)(2)(D), Nov. 10, 1998, 112 Stat. 3284;

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

Stat. 2361.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-303 repealed Pub. L. 105-362, Sec.

501(d)(2)(D). See 1998 Amendment note below.

1998 - Pub. L. 105-362, Sec. 501(d)(2)(D), which directed the

substitution of "shall be reported to Congress not later than 90

days after the date of convening of each session of Congress" for

"shall be included in the report required under section 1375(a) of

this title", was repealed by Pub. L. 107-303. See Effective Date of

2002 Amendment note below.

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 section 1375 of this title.

-End-

-CITE-

33 USC Sec. 1291 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1291. Sewage collection systems

-STATUTE-

(a) Existing and new systems

No grant shall be made for a sewage collection system under this

subchapter unless such grant (1) is for replacement or major

rehabilitation of an existing collection system and is necessary to

the total integrity and performance of the waste treatment works

servicing such community, or (2) is for a new collection system in

an existing community with sufficient existing or planned capacity

adequately to treat such collected sewage and is consistent with

section 1281 of this title.

(b) Use of population density as test

If the Administrator uses population density as a test for

determining the eligibility of a collector sewer for assistance it

shall be only for the purpose of evaluating alternatives and

determining the needs for such system in relation to ground or

surface water quality impact.

(c) Pollutant discharges from separate storm sewer systems

No grant shall be made under this subchapter from funds

authorized for any fiscal year during the period beginning October

1, 1977, and ending September 30, 1990, for treatment works for

control of pollutant discharges from separate storm sewer systems.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 211, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L.

95-217, Sec. 36, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97-117, Sec.

2(b), Dec. 29, 1981, 95 Stat. 1623; Pub. L. 100-4, title II, Sec.

206(d), Feb. 4, 1987, 101 Stat. 20.)

-MISC1-

AMENDMENTS

1987 - Subsec. (c). Pub. L. 100-4 substituted "1990" for "1985".

1981 - Subsec. (c). Pub. L. 97-117 substituted "September 30,

1985" for "September 30, 1982".

1977 - Pub. L. 95-217 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1382 of this title.

-End-

-CITE-

33 USC Sec. 1292 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1292. Definitions

-STATUTE-

As used in this subchapter -

(1) The term "construction" means any one or more of the

following: preliminary planning to determine the feasibility of

treatment works, engineering, architectural, legal, fiscal, or

economic investigations or studies, surveys, designs, plans,

working drawings, specifications, procedures, field testing of

innovative or alternative waste water treatment processes and

techniques meeting guidelines promulgated under section 1314(d)(3)

of this title, or other necessary actions, erection, building,

acquisition, alteration, remodeling, improvement, or extension of

treatment works, or the inspection or supervision of any of the

foregoing items.

(2)(A) The term "treatment works" means any devices and systems

used in the storage, treatment, recycling, and reclamation of

municipal sewage or industrial wastes of a liquid nature to

implement section 1281 of this title, or necessary to recycle or

reuse water at the most economical cost over the estimated life of

the works, including intercepting sewers, outfall sewers, sewage

collection systems, pumping, power, and other equipment, and their

appurtenances; extensions, improvements, remodeling, additions, and

alterations thereof; elements essential to provide a reliable

recycled supply such as standby treatment units and clear well

facilities; and any works, including site acquisition of the land

that will be an integral part of the treatment process (including

land used for the storage of treated wastewater in land treatment

systems prior to land application) or is used for ultimate disposal

of residues resulting from such treatment.

(B) In addition to the definition contained in subparagraph (A)

of this paragraph, "treatment works" means any other method or

system for preventing, abating, reducing, storing, treating,

separating, or disposing of municipal waste, including storm water

runoff, or industrial waste, including waste in combined storm

water and sanitary sewer systems. Any application for construction

grants which includes wholly or in part such methods or systems

shall, in accordance with guidelines published by the Administrator

pursuant to subparagraph (C) of this paragraph, contain adequate

data and analysis demonstrating such proposal to be, over the life

of such works, the most cost efficient alternative to comply with

sections 1311 or 1312 of this title, or the requirements of section

1281 of this title.

(C) For the purposes of subparagraph (B) of this paragraph, the

Administrator shall, within one hundred and eighty days after

October 18, 1972, publish and thereafter revise no less often than

annually, guidelines for the evaluation of methods, including

cost-effective analysis, described in subparagraph (B) of this

paragraph.

(3) The term "replacement" as used in this subchapter means those

expenditures for obtaining and installing equipment, accessories,

or appurtenances during the useful life of the treatment works

necessary to maintain the capacity and performance for which such

works are designed and constructed.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 212, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L.

95-217, Sec. 37, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97-117, Sec.

8(d), Dec. 29, 1981, 95 Stat. 1626.)

-MISC1-

AMENDMENTS

1981 - Par. (1). Pub. L. 97-117 inserted "field testing of

innovative or alternative waste water treatment processes and

techniques meeting guidelines promulgated under section 1314(d)(3)

of this title," after "procedures,".

1977 - Par. (2)(A). Pub. L. 95-217 inserted "(including land used

for the storage of treated wastewater in land treatment systems

prior to land application)" after "integral part of the treatment

process".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1281, 1285, 1317, 1342,

1345, 1375, 1381, 1383, 1414b of this title; title 26 section 7701.

-End-

-CITE-

33 USC Sec. 1293 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1293. Loan guarantees

-STATUTE-

(a) State or local obligations issued exclusively to Federal

Financing Bank for publicly owned treatment works; determination

of eligibility of project by Administrator

Subject to the conditions of this section and to such terms and

conditions as the Administrator determines to be necessary to carry

out the purposes of this subchapter, the Administrator is

authorized to guarantee, and to make commitments to guarantee, the

principal and interest (including interest accruing between the

date of default and the date of the payment in full of the

guarantee) of any loan, obligation, or participation therein of any

State, municipality, or intermunicipal or interstate agency issued

directly and exclusively to the Federal Financing Bank to finance

that part of the cost of any grant-eligible project for the

construction of publicly owned treatment works not paid for with

Federal financial assistance under this subchapter (other than this

section), which project the Administrator has determined to be

eligible for such financial assistance under this subchapter,

including, but not limited to, projects eligible for reimbursement

under section 1286 of this title.

(b) Conditions for issuance

No guarantee, or commitment to make a guarantee, may be made

pursuant to this section -

(1) unless the Administrator certifies that the issuing body is

unable to obtain on reasonable terms sufficient credit to finance

its actual needs without such guarantee; and

(2) unless the Administrator determines that there is a

reasonable assurance of repayment of the loan, obligation, or

participation therein.

A determination of whether financing is available at reasonable

rates shall be made by the Secretary of the Treasury with

relationship to the current average yield on outstanding marketable

obligations of municipalities of comparable maturity.

(c) Fees for application investigation and issuance of commitment

guarantee

The Administrator is authorized to charge reasonable fees for the

investigation of an application for a guarantee and for the

issuance of a commitment to make a guarantee.

(d) Commitment for repayment

The Administrator, in determining whether there is a reasonable

assurance of repayment, may require a commitment which would apply

to such repayment. Such commitment may include, but not be limited

to, any funds received by such grantee from the amounts

appropriated under section 1286 of this title.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 213, as added Pub. L.

94-558, Oct. 19, 1976, 90 Stat. 2639; amended Pub. L. 96-483, Sec.

2(e), Oct. 21, 1980, 94 Stat. 2361.)

-MISC1-

AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-483 struck out "(1) all or any

portion of the funds retained by such grantee under section

1284(b)(3) of this title, and (2)" after "limited to".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-483 effective Dec. 27, 1977, see section

2(g) of Pub. L. 96-483, set out as a note under section 1281 of

this title.

-End-

-CITE-

33 USC Sec. 1293a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1293a. Contained spoil disposal facilities

-STATUTE-

(a) Construction, operation, and maintenance; period; conditions;

requirements

The Secretary of the Army, acting through the Chief of Engineers,

is authorized to construct, operate, and maintain, subject to the

provisions of subsection (c) of this section, contained spoil

disposal facilities of sufficient capacity for a period not to

exceed ten years, to meet the requirements of this section. Before

establishing each such facility, the Secretary of the Army shall

obtain the concurrence of appropriate local governments and shall

consider the views and recommendations of the Administrator of the

Environmental Protection Agency and shall comply with requirements

of section 1171 of this title, and of the National Environmental

Policy Act of 1969 [42 U.S.C. 4321 et seq.]. Section 401 of this

title shall not apply to any facility authorized by this section.

(b) Time for establishment; consideration of area needs;

requirements

The Secretary of the Army, acting through the Chief of Engineers,

shall establish the contained spoil disposal facilities authorized

in subsection (a) of this section at the earliest practicable date,

taking into consideration the views and recommendations of the

Administrator of the Environmental Protection Agency as to those

areas which, in the Administrator's judgment, are most urgently in

need of such facilities and pursuant to the requirements of the

National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]

and the Federal Water Pollution Control Act [33 U.S.C. 1251 et

seq.].

(c) Written agreement requirement; terms of agreement

Prior to construction of any such facility, the appropriate State

or States, interstate agency, municipality, or other appropriate

political subdivision of the State shall agree in writing to (1)

furnish all lands, easements, and rights-of-way necessary for the

construction, operation, and maintenance of the facility; (2)

contribute to the United States 25 per centum of the construction

costs, such amount to be payable either in cash prior to

construction, in installments during construction, or in

installments, with interest at a rate to be determined by the

Secretary of the Treasury, as of the beginning of the fiscal year

in which construction is initiated, on the basis of the computed

average interest rate payable by the Treasury upon its outstanding

marketable public obligations, which are neither due or callable

for redemption for fifteen years from date of issue; (3) hold and

save the United States free from damages due to construction,

operation, and maintenance of the facility; and (4) except as

provided in subsection (f) of this section, maintain the facility

after completion of its use for disposal purposes in a manner

satisfactory to the Secretary of the Army.

(d) Waiver of construction costs contribution from non-Federal

interests; findings of participation in waste treatment

facilities for general geographical area and compliance with

water quality standards; waiver of payments in event of written

agreement before occurrence of findings

The requirement for appropriate non-Federal interest or interests

to furnish an agreement to contribute 25 per centum of the

construction costs as set forth in subsection (c) of this section

shall be waived by the Secretary of the Army upon a finding by the

Administrator of the Environmental Protection Agency that for the

area to which such construction applies, the State or States

involved, interstate agency, municipality, and other appropriate

political subdivision of the State and industrial concerns are

participating in and in compliance with an approved plan for the

general geographical area of the dredging activity for

construction, modification, expansion, or rehabilitation of waste

treatment facilities and the Administrator has found that

applicable water quality standards are not being violated. In the

event such findings occur after the appropriate non-Federal

interest or interests have entered into the agreement required by

subsection (c) of this section, any payments due after the date of

such findings as part of the required local contribution of 25 per

centum of the construction costs shall be waived by the Secretary

of the Army.

(e) Federal payment of costs for disposal of dredged spoil from

project

Notwithstanding any other provision of law, all costs of disposal

of dredged spoil from the project for the Great Lakes connecting

channels, Michigan, shall be borne by the United States.

(f) Title to lands, easements, and rights-of-way; retention by

non-Federal interests; conveyance of facilities; agreement of

transferee

The participating non-Federal interest or interests shall retain

title to all lands, easements, and rights-of-way furnished by it

pursuant to subsection (c) of this section. A spoil disposal

facility owned by a non-Federal interest or interests may be

conveyed to another party only after completion of the facility's

use for disposal purposes and after the transferee agrees in

writing to use or maintain the facility in a manner which the

Secretary of the Army determines to be satisfactory.

(g) Federal licenses or permits; charges; remission of charge

Any spoil disposal facilities constructed under the provisions of

this section shall be made available to Federal licensees or

permittees upon payment of an appropriate charge for such use.

Twenty-five per centum of such charge shall be remitted to the

participating non-Federal interest or interests except for those

excused from contributing to the construction costs under

subsections (d) and (e) of this section.

(h) Provisions applicable to Great Lakes and their connecting

channels

This section, other than subsection (i), shall be applicable only

to the Great Lakes and their connecting channels.

(i) Research, study, and experimentation program relating to

dredged spoil extended to navigable waters, etc.; cooperative

program; scope of program; utilization of facilities and

personnel of Federal agency

The Chief of Engineers, under the direction of the Secretary of

the Army, is hereby authorized to extend to all navigable waters,

connecting channels, tributary streams, other waters of the United

States and waters contiguous to the United States, a comprehensive

program of research, study, and experimentation relating to dredged

spoil. This program shall be carried out in cooperation with other

Federal and State agencies, and shall include, but not be limited

to, investigations on the characteristics of dredged spoil, and

alternative methods of its disposal. To the extent that such study

shall include the effects of such dredge spoil on water quality,

the facilities and personnel of the Environmental Protection Agency

shall be utilized.

(j) Period for depositing dredged materials

The Secretary of the Army, acting through the Chief of Engineers,

is authorized to continue to deposit dredged materials into a

contained spoil disposal facility constructed under this section

until the Secretary determines that such facility is no longer

needed for such purpose or that such facility is completely full.

(k) Study and monitoring program

(1) Study

The Secretary of the Army, acting through the Chief of

Engineers, shall conduct a study of the materials disposed of in

contained spoil disposal facilities constructed under this

section for the purpose of determining whether or not toxic

pollutants are present in such facilities and for the purpose of

determining the concentration levels of each of such pollutants

in such facilities.

(2) Report

Not later than 1 year after November 17, 1988, the Secretary

shall transmit to Congress a report on the results of the study

conducted under paragraph (1).

(3) Inspection and monitoring program

The Secretary shall conduct a program to inspect and monitor

contained spoil disposal facilities constructed under this

section for the purpose of determining whether or not toxic

pollutants are leaking from such facilities.

(4) Toxic pollutant defined

For purposes of this subsection, the term "toxic pollutant"

means those toxic pollutants referred to in section 1311(b)(2)(C)

and 1311(b)(2)(D) of this title and such other pollutants as the

Secretary, in consultation with the Administrator of the

Environmental Protection Agency, determines are appropriate based

on their effects on human health and the environment.

-SOURCE-

(Pub. L. 91-611, title I, Sec. 123, Dec. 31, 1970, 84 Stat. 1823;

Pub. L. 93-251, title I, Sec. 23, Mar. 7, 1974, 88 Stat. 20; Pub.

L. 100-676, Sec. 24, Nov. 17, 1988, 102 Stat. 4027.)

-REFTEXT-

REFERENCES IN TEXT

Section 1171 of this title, referred to in subsec. (a), was

omitted as superseded.

The National Environmental Policy Act of 1969, referred to in

subsecs. (a) and (b), 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.

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 (Sec. 1251 et seq.). 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 formerly classified to section 1165a of this title.

Section was not enacted as a part of the Federal Water Pollution

Control Act which comprises this chapter.

-MISC1-

AMENDMENTS

1988 - Subsec. (j). Pub. L. 100-676, Sec. 24(a), added subsec.

(j).

Subsec. (k). Pub. L. 100-676, Sec. 24(b), added subsec. (k).

1974 - Subsec. (d). Pub. L. 93-251 inserted provision for waiver

of payments in event of a written agreement before occurrence of

findings.

GREAT LAKES CONFINED DISPOSAL FACILITIES

Pub. L. 104-303, title V, Sec. 513, Oct. 12, 1996, 110 Stat.

3762, provided that:

"(a) Assessment. - Pursuant to the responsibilities of the

Secretary under section 123 of the River and Harbor Act of 1970 (33

U.S.C. 1293a), the Secretary shall conduct an assessment of the

general conditions of confined disposal facilities in the Great

Lakes.

"(b) Report. - Not later than 3 years after the date of the

enactment of this Act [Oct. 12, 1996], the Secretary shall transmit

to Congress a report on the results of the assessment conducted

under subsection (a), including the following:

"(1) A description of the cumulative effects of confined

disposal facilities in the Great Lakes.

"(2) Recommendations for specific remediation actions for each

confined disposal facility in the Great Lakes.

"(3) An evaluation of, and recommendations for, confined

disposal facility management practices and technologies to

conserve capacity at such facilities and to minimize adverse

environmental effects at such facilities throughout the Great

Lakes system."

-End-

-CITE-

33 USC Sec. 1294 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1294. Public information and education on recycling and reuse

of wastewater, use of land treatment, and reduction of wastewater

volume

-STATUTE-

The Administrator shall develop and operate within one year of

December 27, 1977, a continuing program of public information and

education on recycling and reuse of wastewater (including sludge),

the use of land treatment, and methods for the reduction of

wastewater volume.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 214, as added Pub. L.

95-217, Sec. 38, Dec. 27, 1977, 91 Stat. 1581.)

-End-

-CITE-

33 USC Sec. 1295 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1295. Requirements for American materials

-STATUTE-

Notwithstanding any other provision of law, no grant for which

application is made after February 1, 1978, shall be made under

this subchapter for any treatment works unless only such

unmanufactured articles, materials, and supplies as have been mined

or produced in the United States, and only such manufactured

articles, materials, and supplies as have been manufactured in the

United States, substantially all from articles, materials, or

supplies mined, produced, or manufactured, as the case may be, in

the United States will be used in such treatment works. This

section shall not apply in any case where the Administrator

determines, based upon those factors the Administrator deems

relevant, including the available resources of the agency, it to be

inconsistent with the public interest (including multilateral

government procurement agreements) or the cost to be unreasonable,

or if articles, materials, or supplies of the class or kind to be

used or the articles, materials, or supplies from which they are

manufactured are not mined, produced, or manufactured, as the case

may be, in the United States in sufficient and reasonably available

commercial quantities and of a satisfactory quality.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 215, as added Pub. L.

95-217, Sec. 39, Dec. 27, 1977, 91 Stat. 1581.)

-End-

-CITE-

33 USC Sec. 1296 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1296. Determination of priority of projects

-STATUTE-

Notwithstanding any other provision of this chapter, the

determination of the priority to be given each category of projects

for construction of publicly owned treatment works within each

State shall be made solely by that State, except that if the

Administrator, after a public hearing, determines that a specific

project will not result in compliance with the enforceable

requirements of this chapter, such project shall be removed from

the State's priority list and such State shall submit a revised

priority list. These categories shall include, but not be limited

to (A) secondary treatment, (B) more stringent treatment, (C)

infiltration-in-flow correction, (D) major sewer system

rehabilitation, (E) new collector sewers and appurtenances, (F) new

interceptors and appurtenances, and (G) correction of combined

sewer overflows. Not less than 25 per centum of funds allocated to

a State in any fiscal year under this subchapter for construction

of publicly owned treatment works in such State shall be obligated

for those types of projects referred to in clauses (D), (E), (F),

and (G) of this section, if such projects are on such State's

priority list for that year and are otherwise eligible for funding

in that fiscal year. It is the policy of Congress that projects for

wastewater treatment and management undertaken with Federal

financial assistance under this chapter by any State, municipality,

or intermunicipal or interstate agency shall be projects which, in

the estimation of the State, are designed to achieve optimum water

quality management, consistent with the public health and water

quality goals and requirements of this chapter.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 216, as added Pub. L.

95-217, Sec. 40, Dec. 27, 1977, 91 Stat. 1582; amended Pub. L.

97-117, Sec. 18, Dec. 29, 1981, 95 Stat. 1630.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-117 inserted provision that it is the policy of

Congress that projects for wastewater treatment and management

undertaken with Federal financial assistance under this chapter by

any State, municipality, or intermunicipal or interstate agency be

projects which, in the estimation of the State, are designed to

achieve optimum water quality management, consistent with the

public health and water quality goals and requirements of this

chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1377, 1383, 1386 of this

title.

-End-

-CITE-

33 USC Sec. 1297 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1297. Guidelines for cost-effectiveness analysis

-STATUTE-

Any guidelines for cost-effectiveness analysis published by the

Administrator under this subchapter shall provide for the

identification and selection of cost effective alternatives to

comply with the objectives and goals of this chapter and sections

1281(b), 1281(d), 1281(g)(2)(A), and 1311(b)(2)(B) of this title.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 217, as added Pub. L.

95-217, Sec. 41, Dec. 27, 1977, 91 Stat. 1582.)

-End-

-CITE-

33 USC Sec. 1298 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1298. Cost effectiveness

-STATUTE-

(a) Congressional statement of policy

It is the policy of Congress that a project for waste treatment

and management undertaken with Federal financial assistance under

this chapter by any State, municipality, or intermunicipal or

interstate agency shall be considered as an overall waste treatment

system for waste treatment and management, and shall be that system

which constitutes the most economical and cost-effective

combination of devices and systems used in the storage, treatment,

recycling, and reclamation of municipal sewage or industrial wastes

of a liquid nature to implement section 1281 of this title, or

necessary to recycle or reuse water at the most economical cost

over the estimated life of the works, including intercepting

sewers, outfall sewers, sewage collection systems, pumping power,

and other equipment, and their appurtenances; extension,

improvements, remodeling, additions, and alterations thereof;

elements essential to provide a reliable recycled supply such as

standby treatment units and clear well facilities; and any works,

including site acquisition of the land that will be an integral

part of the treatment process (including land use for the storage

of treated wastewater in land treatment systems prior to land

application) or which is used for ultimate disposal of residues

resulting from such treatment; water efficiency measures and

devices; and any other method or system for preventing, abating,

reducing, storing, treating, separating, or disposing of municipal

waste, including storm water runoff, or industrial waste, including

waste in combined storm water and sanitary sewer systems; to meet

the requirements of this chapter.

(b) Determination by Administrator as prerequisite to approval of

grant

In accordance with the policy set forth in subsection (a) of this

section, before the Administrator approves any grant to any State,

municipality, or intermunicipal or interstate agency for the

erection, building, acquisition, alteration, remodeling,

improvement, or extension of any treatment works the Administrator

shall determine that the facilities plan of which such treatment

works are a part constitutes the most economical and cost-effective

combination of treatment works over the life of the project to meet

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

consideration of construction costs, operation, maintenance, and

replacement costs.

(c) Value engineering review

In furtherance of the policy set forth in subsection (a) of this

section, the Administrator shall require value engineering review

in connection with any treatment works, prior to approval of any

grant for the erection, building, acquisition, alteration,

remodeling, improvement, or extension of such treatment works, in

any case in which the cost of such erection, building, acquisition,

alteration, remodeling, improvement, or extension is projected to

be in excess of $10,000,000. For purposes of this subsection, the

term "value engineering review" means a specialized cost control

technique which uses a systematic and creative approach to identify

and to focus on unnecessarily high cost in a project in order to

arrive at a cost saving without sacrificing the reliability or

efficiency of the project.

(d) Projects affected

This section applies to projects for waste treatment and

management for which no treatment works including a facilities plan

for such project have received Federal financial assistance for the

preparation of construction plans and specifications under this

chapter before December 29, 1981.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 218, as added Pub. L.

97-117, Sec. 19, Dec. 29, 1981, 95 Stat. 1630.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1382 of this title.

-End-

-CITE-

33 USC Sec. 1299 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1299. State certification of projects

-STATUTE-

Whenever the Governor of a State which has been delegated

sufficient authority to administer the construction grant program

under this subchapter in that State certifies to the Administrator

that a grant application meets applicable requirements of Federal

and State law for assistance under this subchapter, the

Administrator shall approve or disapprove such application within

45 days of the date of receipt of such application. If the

Administrator does not approve or disapprove such application

within 45 days of receipt, the application shall be deemed

approved. If the Administrator disapproves such application the

Administrator shall state in writing the reasons for such

disapproval. Any grant approved or deemed approved under this

section shall be subject to amounts provided in appropriation Acts.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 219, as added Pub. L.

97-117, Sec. 20, Dec. 29, 1981, 95 Stat. 1631.)

-End-

-CITE-

33 USC Sec. 1300 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1300. Pilot program for alternative water source projects

-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 section 1251(g) of this title.

(b) In general

The Administrator may establish a pilot program to make grants to

State, interstate, and intrastate water resource development

agencies (including water management districts and water supply

authorities), local government agencies, private utilities, and

nonprofit entities for alternative water source projects to meet

critical water supply needs.

(c) Eligible entity

The Administrator may make grants under this section to an entity

only if the entity has authority under State law to develop or

provide water for municipal, industrial, and agricultural uses in

an area of the State that is experiencing critical water supply

needs.

(d) Selection of projects

(1) Limitation

A project that has received funds under the reclamation and

reuse program conducted under the Reclamation Projects

Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.)

shall not be eligible for grant assistance under this section.

(2) Additional consideration

In making grants under this section, the Administrator shall

consider whether the project is located within the boundaries of

a State or area referred to in section 391 of title 43, and

within the geographic scope of the reclamation and reuse program

conducted under the Reclamation Projects Authorization and

Adjustment Act of 1992 (43 U.S.C. 390h et seq.).

(3) Geographical distribution

Alternative water source projects selected by the Administrator

under this section shall reflect a variety of geographical and

environmental conditions.

(e) Committee resolution procedure

(1) In general

No appropriation shall be made for any alternative water source

project under this section, the total Federal cost of which

exceeds $3,000,000, if such project has not been approved by a

resolution adopted by the Committee on Transportation and

Infrastructure of the House of Representatives or the Committee

on Environment and Public Works of the Senate.

(2) Requirements for securing consideration

For purposes of securing consideration of approval under

paragraph (1), the Administrator shall provide to a committee

referred to in paragraph (1) such information as the committee

requests and the non-Federal sponsor shall provide to the

committee information on the costs and relative needs for the

alternative water source project.

(f) Uses of grants

Amounts from grants received under this section may be used for

engineering, design, construction, and final testing of alternative

water source projects designed to meet critical water supply needs.

Such amounts may not be used for planning, feasibility studies or

for operation, maintenance, replacement, repair, or rehabilitation.

(g) Cost sharing

The Federal share of the eligible costs of an alternative water

source project carried out using assistance made available under

this section shall not exceed 50 percent.

(h) Reports

On or before September 30, 2004, the Administrator shall transmit

to Congress a report on the results of the pilot program

established under this section, including progress made toward

meeting the critical water supply needs of the participants in the

pilot program.

(i) Definitions

In this section, the following definitions apply:

(1) Alternative water source project

The term "alternative water source project" means a project

designed to provide municipal, industrial, and agricultural water

supplies in an environmentally sustainable manner by conserving,

managing, reclaiming, or reusing water or wastewater or by

treating wastewater. Such term does not include water treatment

or distribution facilities.

(2) Critical water supply needs

The term "critical water supply needs" means existing or

reasonably anticipated future water supply needs that cannot be

met by existing water supplies, as identified in a comprehensive

statewide or regional water supply plan or assessment projected

over a planning period of at least 20 years.

(j) Authorization of appropriations

There is authorized to be appropriated to carry out this section

a total of $75,000,000 for fiscal years 2002 through 2004. Such

sums shall remain available until expended.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 220, as added Pub. L.

106-457, title VI, Sec. 602, Nov. 7, 2000, 114 Stat. 1975.)

-REFTEXT-

REFERENCES IN TEXT

The Reclamation Projects Authorization and Adjustment Act of

1992, referred to in subsec. (d)(1), (2), is Pub. L. 102-575, Oct.

30, 1992, 106 Stat. 4600, as amended. Provisions relating to the

reclamation and reuse program are classified generally to section

390h et seq. of Title 43, Public Lands. For complete classification

of this Act to the Code, see Short Title of 1992 Amendment note set

out under section 371 of Title 43 and Tables.

-End-

-CITE-

33 USC Sec. 1301 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1301. Sewer overflow control grants

-STATUTE-

(a) In general

In any fiscal year in which the Administrator has available for

obligation at least $1,350,000,000 for the purposes of section 1381

of this title -

(1) the Administrator may make grants to States for the purpose

of providing grants to a municipality or municipal entity for

planning, design, and construction of treatment works to

intercept, transport, control, or treat municipal combined sewer

overflows and sanitary sewer overflows; and

(2) subject to subsection (g) of this section, the

Administrator may make a direct grant to a municipality or

municipal entity for the purposes described in paragraph (1).

(b) Prioritization

In selecting from among municipalities applying for grants under

subsection (a) of this section, a State or the Administrator shall

give priority to an applicant that -

(1) is a municipality that is a financially distressed

community under subsection (c) of this section;

(2) has implemented or is complying with an implementation

schedule for the nine minimum controls specified in the CSO

control policy referred to in section 1342(q)(1) of this title

and has begun implementing a long-term municipal combined sewer

overflow control plan or a separate sanitary sewer overflow

control plan;

(3) is requesting a grant for a project that is on a State's

intended use plan pursuant to section 1386(c) of this title; or

(4) is an Alaska Native Village.

(c) Financially distressed community

(1) Definition

In subsection (b) of this section, the term "financially

distressed community" means a community that meets affordability

criteria established by the State in which the community is

located, if such criteria are developed after public review and

comment.

(2) Consideration of impact on water and sewer rates

In determining if a community is a distressed community for the

purposes of subsection (b) of this section, the State shall

consider, among other factors, the extent to which the rate of

growth of a community's tax base has been historically slow such

that implementing a plan described in subsection (b)(2) of this

section would result in a significant increase in any water or

sewer rate charged by the community's publicly owned wastewater

treatment facility.

(3) Information to assist States

The Administrator may publish information to assist States in

establishing affordability criteria under paragraph (1).

(d) Cost-sharing

The Federal share of the cost of activities carried out using

amounts from a grant made under subsection (a) of this section

shall be not less than 55 percent of the cost. The non-Federal

share of the cost may include, in any amount, public and private

funds and in-kind services, and may include, notwithstanding

section 1383(h) of this title, financial assistance, including

loans, from a State water pollution control revolving fund.

(e) Administrative reporting requirements

If a project receives grant assistance under subsection (a) of

this section and loan assistance from a State water pollution

control revolving fund and the loan assistance is for 15 percent or

more of the cost of the project, the project may be administered in

accordance with State water pollution control revolving fund

administrative reporting requirements for the purposes of

streamlining such requirements.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$750,000,000 for each of fiscal years 2002 and 2003. Such sums

shall remain available until expended.

(g) Allocation of funds

(1) Fiscal year 2002

Subject to subsection (h) of this section, the Administrator

shall use the amounts appropriated to carry out this section for

fiscal year 2002 for making grants to municipalities and

municipal entities under subsection (a)(2) of this section, in

accordance with the criteria set forth in subsection (b) of this

section.

(2) Fiscal year 2003

Subject to subsection (h) of this section, the Administrator

shall use the amounts appropriated to carry out this section for

fiscal year 2003 as follows:

(A) Not to exceed $250,000,000 for making grants to

municipalities and municipal entities under subsection (a)(2)

of this section, in accordance with the criteria set forth in

subsection (b) of this section.

(B) All remaining amounts for making grants to States under

subsection (a)(1) of this section, in accordance with a formula

to be established by the Administrator, after providing notice

and an opportunity for public comment, that allocates to each

State a proportional share of such amounts based on the total

needs of the State for municipal combined sewer overflow

controls and sanitary sewer overflow controls identified in the

most recent survey conducted pursuant to section 1375(b)(1) of

this title.

(h) Administrative expenses

Of the amounts appropriated to carry out this section for each

fiscal year -

(1) the Administrator may retain an amount not to exceed 1

percent for the reasonable and necessary costs of administering

this section; and

(2) the Administrator, or a State, may retain an amount not to

exceed 4 percent of any grant made to a municipality or municipal

entity under subsection (a) of this section, for the reasonable

and necessary costs of administering the grant.

(i) Reports

Not later than December 31, 2003, and periodically thereafter,

the Administrator shall transmit to Congress a report containing

recommended funding levels for grants under this section. The

recommended funding levels shall be sufficient to ensure the

continued expeditious implementation of municipal combined sewer

overflow and sanitary sewer overflow controls nationwide.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 221, as added Pub. L.

106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(c)], Dec. 21,

2000, 114 Stat. 2763, 2763A-225.)

-MISC1-

INFORMATION ON CSOS AND SSOS

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(d)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-227, provided that:

"(1) Report to congress. - Not later than 3 years after the date

of enactment of this Act [Dec. 21, 2000], the Administrator of the

Environmental Protection Agency shall transmit to Congress a report

summarizing -

"(A) the extent of the human health and environmental impacts

caused by municipal combined sewer overflows and sanitary sewer

overflows, including the location of discharges causing such

impacts, the volume of pollutants discharged, and the

constituents discharged;

"(B) the resources spent by municipalities to address these

impacts; and

"(C) an evaluation of the technologies used by municipalities

to address these impacts.

"(2) Technology clearinghouse. - After transmitting a report

under paragraph (1), the Administrator shall maintain a

clearinghouse of cost-effective and efficient technologies for

addressing human health and environmental impacts due to municipal

combined sewer overflows and sanitary sewer overflows."

-End-

-CITE-

33 USC SUBCHAPTER III - STANDARDS AND ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1386, 2803 of this

title.

-End-

-CITE-

33 USC Sec. 1311 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1311. Effluent limitations

-STATUTE-

(a) Illegality of pollutant discharges except in compliance with

law

Except as in compliance with this section and sections 1312,

1316, 1317, 1328, 1342, and 1344 of this title, the discharge of

any pollutant by any person shall be unlawful.

(b) Timetable for achievement of objectives

In order to carry out the objective of this chapter there shall

be achieved -

(1)(A) not later than July 1, 1977, effluent limitations for

point sources, other than publicly owned treatment works, (i)

which shall require the application of the best practicable

control technology currently available as defined by the

Administrator pursuant to section 1314(b) of this title, or (ii)

in the case of a discharge into a publicly owned treatment works

which meets the requirements of subparagraph (B) of this

paragraph, which shall require compliance with any applicable

pretreatment requirements and any requirements under section 1317

of this title; and

(B) for publicly owned treatment works in existence on July 1,

1977, or approved pursuant to section 1283 of this title prior to

June 30, 1974 (for which construction must be completed within

four years of approval), effluent limitations based upon

secondary treatment as defined by the Administrator pursuant to

section 1314(d)(1) of this title; or,

(C) not later than July 1, 1977, any more stringent limitation,

including those necessary to meet water quality standards,

treatment standards, or schedules of compliance, established

pursuant to any State law or regulations (under authority

preserved by section 1370 of this title) or any other Federal law

or regulation, or required to implement any applicable water

quality standard established pursuant to this chapter.

(2)(A) for pollutants identified in subparagraphs (C), (D), and

(F) of this paragraph, effluent limitations for categories and

classes of point sources, other than publicly owned treatment

works, which (i) shall require application of the best available

technology economically achievable for such category or class,

which will result in reasonable further progress toward the

national goal of eliminating the discharge of all pollutants, as

determined in accordance with regulations issued by the

Administrator pursuant to section 1314(b)(2) of this title, which

such effluent limitations shall require the elimination of

discharges of all pollutants if the Administrator finds, on the

basis of information available to him (including information

developed pursuant to section 1325 of this title), that such

elimination is technologically and economically achievable for a

category or class of point sources as determined in accordance

with regulations issued by the Administrator pursuant to section

1314(b)(2) of this title, or (ii) in the case of the introduction

of a pollutant into a publicly owned treatment works which meets

the requirements of subparagraph (B) of this paragraph, shall

require compliance with any applicable pretreatment requirements

and any other requirement under section 1317 of this title;

(B) Repealed. Pub. L. 97-117, Sec. 21(b), Dec. 29, 1981, 95

Stat. 1632.

(C) with respect to all toxic pollutants referred to in table 1

of Committee Print Numbered 95-30 of the Committee on Public

Works and Transportation of the House of Representatives

compliance with effluent limitations in accordance with

subparagraph (A) of this paragraph as expeditiously as

practicable but in no case later than three years after the date

such limitations are promulgated under section 1314(b) of this

title, and in no case later than March 31, 1989;

(D) for all toxic pollutants listed under paragraph (1) of

subsection (a) of section 1317 of this title which are not

referred to in subparagraph (C) of this paragraph compliance with

effluent limitations in accordance with subparagraph (A) of this

paragraph as expeditiously as practicable, but in no case later

than three years after the date such limitations are promulgated

under section 1314(b) of this title, and in no case later than

March 31, 1989;

(E) as expeditiously as practicable but in no case later than

three years after the date such limitations are promulgated under

section 1314(b) of this title, and in no case later than March

31, 1989, compliance with effluent limitations for categories and

classes of point sources, other than publicly owned treatment

works, which in the case of pollutants identified pursuant to

section 1314(a)(4) of this title shall require application of the

best conventional pollutant control technology as determined in

accordance with regulations issued by the Administrator pursuant

to section 1314(b)(4) of this title; and

(F) for all pollutants (other than those subject to

subparagraphs (C), (D), or (E) of this paragraph) compliance with

effluent limitations in accordance with subparagraph (A) of this

paragraph as expeditiously as practicable but in no case later

than 3 years after the date such limitations are established, and

in no case later than March 31, 1989.

(3)(A) for effluent limitations under paragraph (1)(A)(i) of

this subsection promulgated after January 1, 1982, and requiring

a level of control substantially greater or based on

fundamentally different control technology than under permits for

an industrial category issued before such date, compliance as

expeditiously as practicable but in no case later than three

years after the date such limitations are promulgated under

section 1314(b) of this title, and in no case later than March

31, 1989; and

(B) for any effluent limitation in accordance with paragraph

(1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established

only on the basis of section 1342(a)(1) of this title in a permit

issued after February 4, 1987, compliance as expeditiously as

practicable but in no case later than three years after the date

such limitations are established, and in no case later than March

31, 1989.

(c) Modification of timetable

The Administrator may modify the requirements of subsection

(b)(2)(A) of this section with respect to any point source for

which a permit application is filed after July 1, 1977, upon a

showing by the owner or operator of such point source satisfactory

to the Administrator that such modified requirements (1) will

represent the maximum use of technology within the economic

capability of the owner or operator; and (2) will result in

reasonable further progress toward the elimination of the discharge

of pollutants.

(d) Review and revision of effluent limitations

Any effluent limitation required by paragraph (2) of subsection

(b) of this section shall be reviewed at least every five years

and, if appropriate, revised pursuant to the procedure established

under such paragraph.

(e) All point discharge source application of effluent limitations

Effluent limitations established pursuant to this section or

section 1312 of this title shall be applied to all point sources of

discharge of pollutants in accordance with the provisions of this

chapter.

(f) Illegality of discharge of radiological, chemical, or

biological warfare agents, high-level radioactive waste, or

medical waste

Notwithstanding any other provisions of this chapter it shall be

unlawful to discharge any radiological, chemical, or biological

warfare agent, any high-level radioactive waste, or any medical

waste, into the navigable waters.

(g) Modifications for certain nonconventional pollutants

(1) General authority

The Administrator, with the concurrence of the State, may

modify the requirements of subsection (b)(2)(A) of this section

with respect to the discharge from any point source of ammonia,

chlorine, color, iron, and total phenols (4AAP) (when determined

by the Administrator to be a pollutant covered by subsection

(b)(2)(F) of this section) and any other pollutant which the

Administrator lists under paragraph (4) of this subsection.

(2) Requirements for granting modifications

A modification under this subsection shall be granted only upon

a showing by the owner or operator of a point source satisfactory

to the Administrator that -

(A) such modified requirements will result at a minimum in

compliance with the requirements of subsection (b)(1)(A) or (C)

of this section, whichever is applicable;

(B) such modified requirements will not result in any

additional requirements on any other point or nonpoint source;

and

(C) such modification will not interfere with the attainment

or maintenance of that water quality which shall assure

protection of public water supplies, and the protection and

propagation of a balanced population of shellfish, fish, and

wildlife, and allow recreational activities, in and on the

water and such modification will not result in the discharge of

pollutants in quantities which may reasonably be anticipated to

pose an unacceptable risk to human health or the environment

because of bioaccumulation, persistency in the environment,

acute toxicity, chronic toxicity (including carcinogenicity,

mutagenicity or teratogenicity), or synergistic propensities.

(3) Limitation on authority to apply for subsection (c)

modification

If an owner or operator of a point source applies for a

modification under this subsection with respect to the discharge

of any pollutant, such owner or operator shall be eligible to

apply for modification under subsection (c) of this section with

respect to such pollutant only during the same time period as he

is eligible to apply for a modification under this subsection.

(4) Procedures for listing additional pollutants

(A) General authority

Upon petition of any person, the Administrator may add any

pollutant to the list of pollutants for which modification

under this section is authorized (except for pollutants

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

pollutants subject to section 1317(a) of this title, and the

thermal component of discharges) in accordance with the

provisions of this paragraph.

(B) Requirements for listing

(i) Sufficient information

The person petitioning for listing of an additional

pollutant under this subsection shall submit to the

Administrator sufficient information to make the

determinations required by this subparagraph.

(ii) Toxic criteria determination

The Administrator shall determine whether or not the

pollutant meets the criteria for listing as a toxic pollutant

under section 1317(a) of this title.

(iii) Listing as toxic pollutant

If the Administrator determines that the pollutant meets

the criteria for listing as a toxic pollutant under section

1317(a) of this title, the Administrator shall list the

pollutant as a toxic pollutant under section 1317(a) of this

title.

(iv) Nonconventional criteria determination

If the Administrator determines that the pollutant does not

meet the criteria for listing as a toxic pollutant under such

section and determines that adequate test methods and

sufficient data are available to make the determinations

required by paragraph (2) of this subsection with respect to

the pollutant, the Administrator shall add the pollutant to

the list of pollutants specified in paragraph (1) of this

subsection for which modifications are authorized under this

subsection.

(C) Requirements for filing of petitions

A petition for listing of a pollutant under this paragraph -

(i) must be filed not later than 270 days after the date of

promulgation of an applicable effluent guideline under

section 1314 of this title;

(ii) may be filed before promulgation of such guideline;

and

(iii) may be filed with an application for a modification

under paragraph (1) with respect to the discharge of such

pollutant.

(D) Deadline for approval of petition

A decision to add a pollutant to the list of pollutants for

which modifications under this subsection are authorized must

be made within 270 days after the date of promulgation of an

applicable effluent guideline under section 1314 of this title.

(E) Burden of proof

The burden of proof for making the determinations under

subparagraph (B) shall be on the petitioner.

(5) Removal of pollutants

The Administrator may remove any pollutant from the list of

pollutants for which modifications are authorized under this

subsection if the Administrator determines that adequate test

methods and sufficient data are no longer available for

determining whether or not modifications may be granted with

respect to such pollutant under paragraph (2) of this subsection.

(h) Modification of secondary treatment requirements

The Administrator, with the concurrence of the State, may issue a

permit under section 1342 of this title which modifies the

requirements of subsection (b)(1)(B) of this section with respect

to the discharge of any pollutant from a publicly owned treatment

works into marine waters, if the applicant demonstrates to the

satisfaction of the Administrator that -

(1) there is an applicable water quality standard specific to

the pollutant for which the modification is requested, which has

been identified under section 1314(a)(6) of this title;

(2) the discharge of pollutants in accordance with such

modified requirements will not interfere, alone or in combination

with pollutants from other sources, with the attainment or

maintenance of that water quality 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;

(3) the applicant has established a system for monitoring the

impact of such discharge on a representative sample of aquatic

biota, to the extent practicable, and the scope of such

monitoring is limited to include only those scientific

investigations which are necessary to study the effects of the

proposed discharge;

(4) such modified requirements will not result in any

additional requirements on any other point or nonpoint source;

(5) all applicable pretreatment requirements for sources

introducing waste into such treatment works will be enforced;

(6) in the case of any treatment works serving a population of

50,000 or more, with respect to any toxic pollutant introduced

into such works by an industrial discharger for which pollutant

there is no applicable pretreatment requirement in effect,

sources introducing waste into such works are in compliance with

all applicable pretreatment requirements, the applicant will

enforce such requirements, and the applicant has in effect a

pretreatment program which, in combination with the treatment of

discharges from such works, removes the same amount of such

pollutant as would be removed if such works were to apply

secondary treatment to discharges and if such works had no

pretreatment program with respect to such pollutant;

(7) to the extent practicable, the applicant has established a

schedule of activities designed to eliminate the entrance of

toxic pollutants from nonindustrial sources into such treatment

works;

(8) there will be no new or substantially increased discharges

from the point source of the pollutant to which the modification

applies above that volume of discharge specified in the permit;

(9) the applicant at the time such modification becomes

effective will be discharging effluent which has received at

least primary or equivalent treatment and which meets the

criteria established under section 1314(a)(1) of this title after

initial mixing in the waters surrounding or adjacent to the point

at which such effluent is discharged.

For the purposes of this subsection the phrase "the discharge of

any pollutant into marine waters" refers to a discharge into deep

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

or into saline estuarine waters where there is strong tidal

movement and other hydrological and geological characteristics

which the Administrator determines necessary to allow compliance

with paragraph (2) of this subsection, and section 1251(a)(2) of

this title. For the purposes of paragraph (9), "primary or

equivalent treatment" means treatment by screening, sedimentation,

and skimming adequate to remove at least 30 percent of the

biological oxygen demanding material and of the suspended solids in

the treatment works influent, and disinfection, where appropriate.

A municipality which applies secondary treatment shall be eligible

to receive a permit pursuant to this subsection which modifies the

requirements of subsection (b)(1)(B) of this section with respect

to the discharge of any pollutant from any treatment works owned by

such municipality into marine waters. No permit issued under this

subsection shall authorize the discharge of sewage sludge into

marine waters. In order for a permit to be issued under this

subsection for the discharge of a pollutant into marine waters,

such marine waters must exhibit characteristics assuring that water

providing dilution does not contain significant amounts of

previously discharged effluent from such treatment works. No permit

issued under this subsection shall authorize the discharge of any

pollutant into saline estuarine waters which at the time of

application do not support a balanced indigenous population of

shellfish, fish and wildlife, or allow recreation in and on the

waters or which exhibit ambient water quality below applicable

water quality standards adopted for the protection of public water

supplies, shellfish, fish and wildlife or recreational activities

or such other standards necessary to assure support and protection

of such uses. The prohibition contained in the preceding sentence

shall apply without regard to the presence or absence of a causal

relationship between such characteristics and the applicant's

current or proposed discharge. Notwithstanding any other provisions

of this subsection, no permit may be issued under this subsection

for discharge of a pollutant into the New York Bight Apex

consisting of the ocean waters of the Atlantic Ocean westward of 73

degrees 30 minutes west longitude and northward of 40 degrees 10

minutes north latitude.

(i) Municipal time extensions

(1) Where construction is required in order for a planned or

existing publicly owned treatment works to achieve limitations

under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A)

construction cannot be completed within the time required in such

subsection, or (B) the United States has failed to make financial

assistance under this chapter available in time to achieve such

limitations by the time specified in such subsection, the owner or

operator of such treatment works may request the Administrator (or

if appropriate the State) to issue a permit pursuant to section

1342 of this title or to modify a permit issued pursuant to that

section to extend such time for compliance. Any such request shall

be filed with the Administrator (or if appropriate the State)

within 180 days after February 4, 1987. The Administrator (or if

appropriate the State) may grant such request and issue or modify

such a permit, which shall contain a schedule of compliance for the

publicly owned treatment works based on the earliest date by which

such financial assistance will be available from the United States

and construction can be completed, but in no event later than July

1, 1988, and shall contain such other terms and conditions,

including those necessary to carry out subsections (b) through (g)

of section 1281 of this title, section 1317 of this title, and such

interim effluent limitations applicable to that treatment works as

the Administrator determines are necessary to carry out the

provisions of this chapter.

(2)(A) Where a point source (other than a publicly owned

treatment works) will not achieve the requirements of subsections

(b)(1)(A) and (b)(1)(C) of this section and -

(i) if a permit issued prior to July 1, 1977, to such point

source is based upon a discharge into a publicly owned treatment

works; or

(ii) if such point source (other than a publicly owned

treatment works) had before July 1, 1977, a contract (enforceable

against such point source) to discharge into a publicly owned

treatment works; or

(iii) if either an application made before July 1, 1977, for a

construction grant under this chapter for a publicly owned

treatment works, or engineering or architectural plans or working

drawings made before July 1, 1977, for a publicly owned treatment

works, show that such point source was to discharge into such

publicly owned treatment works,

and such publicly owned treatment works is presently unable to

accept such discharge without construction, and in the case of a

discharge to an existing publicly owned treatment works, such

treatment works has an extension pursuant to paragraph (1) of this

subsection, the owner or operator of such point source may request

the Administrator (or if appropriate the State) to issue or modify

such a permit pursuant to such section 1342 of this title to extend

such time for compliance. Any such request shall be filed with the

Administrator (or if appropriate the State) within 180 days after

December 27, 1977, or the filing of a request by the appropriate

publicly owned treatment works under paragraph (1) of this

subsection, whichever is later. If the Administrator (or if

appropriate the State) finds that the owner or operator of such

point source has acted in good faith, he may grant such request and

issue or modify such a permit, which shall contain a schedule of

compliance for the point source to achieve the requirements of

subsections (b)(1)(A) and (C) of this section and shall contain

such other terms and conditions, including pretreatment and interim

effluent limitations and water conservation requirements applicable

to that point source, as the Administrator determines are necessary

to carry out the provisions of this chapter.

(B) No time modification granted by the Administrator (or if

appropriate the State) pursuant to paragraph (2)(A) of this

subsection shall extend beyond the earliest date practicable for

compliance or beyond the date of any extension granted to the

appropriate publicly owned treatment works pursuant to paragraph

(1) of this subsection, but in no event shall it extend beyond July

1, 1988; and no such time modification shall be granted unless (i)

the publicly owned treatment works will be in operation and

available to the point source before July 1, 1988, and will meet

the requirements of subsections (b)(1)(B) and (C) of this section

after receiving the discharge from that point source; and (ii) the

point source and the publicly owned treatment works have entered

into an enforceable contract requiring the point source to

discharge into the publicly owned treatment works, the owner or

operator of such point source to pay the costs required under

section 1284 of this title, and the publicly owned treatment works

to accept the discharge from the point source; and (iii) the permit

for such point source requires that point source to meet all

requirements under section 1317(a) and (b) of this title during the

period of such time modification.

(j) Modification procedures

(1) Any application filed under this section for a modification

of the provisions of -

(A) subsection (b)(1)(B) of this section under subsection (h)

of this section shall be filed not later that (!1) the 365th day

which begins after December 29, 1981, except that a publicly

owned treatment works which prior to December 31, 1982, had a

contractual arrangement to use a portion of the capacity of an

ocean outfall operated by another publicly owned treatment works

which has applied for or received modification under subsection

(h) of this section, may apply for a modification of subsection

(h) of this section in its own right not later than 30 days after

February 4, 1987, and except as provided in paragraph (5);

(B) subsection (b)(2)(A) of this section as it applies to

pollutants identified in subsection (b)(2)(F) of this section

shall be filed not later than 270 days after the date of

promulgation of an applicable effluent guideline under section

1314 of this title or not later than 270 days after December 27,

1977, whichever is later.

(2) Subject to paragraph (3) of this section, any application for

a modification filed under subsection (g) of this section shall not

operate to stay any requirement under this chapter, unless in the

judgment of the Administrator such a stay or the modification

sought will not result in the discharge of pollutants in quantities

which may reasonably be anticipated to pose an unacceptable risk to

human health or the environment because of bioaccumulation,

persistency in the environment, acute toxicity, chronic toxicity

(including carcinogenicity, mutagenicity, or teratogenicity), or

synergistic propensities, and that there is a substantial

likelihood that the applicant will succeed on the merits of such

application. In the case of an application filed under subsection

(g) of this section, the Administrator may condition any stay

granted under this paragraph on requiring the filing of a bond or

other appropriate security to assure timely compliance with the

requirements from which a modification is sought.

(3) Compliance requirements under subsection (g). -

(A) Effect of filing. - An application for a modification under

subsection (g) of this section and a petition for listing of a

pollutant as a pollutant for which modifications are authorized

under such subsection shall not stay the requirement that the

person seeking such modification or listing comply with effluent

limitations under this chapter for all pollutants not the subject

of such application or petition.

(B) Effect of disapproval. - Disapproval of an application for

a modification under subsection (g) of this section shall not

stay the requirement that the person seeking such modification

comply with all applicable effluent limitations under this

chapter.

(4) Deadline for subsection (g) decision. - An application for a

modification with respect to a pollutant filed under subsection (g)

of this section must be approved or disapproved not later than 365

days after the date of such filing; except that in any case in

which a petition for listing such pollutant as a pollutant for

which modifications are authorized under such subsection is

approved, such application must be approved or disapproved not

later than 365 days after the date of approval of such petition.

(5) Extension of application deadline. -

(A) In general. - In the 180-day period beginning on October

31, 1994, the city of San Diego, California, may apply for a

modification pursuant to subsection (h) of this section of the

requirements of subsection (b)(1)(B) of this section with respect

to biological oxygen demand and total suspended solids in the

effluent discharged into marine waters.

(B) Application. - An application under this paragraph shall

include a commitment by the applicant to implement a waste water

reclamation program that, at a minimum, will -

(i) achieve a system capacity of 45,000,000 gallons of

reclaimed waste water per day by January 1, 2010; and

(ii) result in a reduction in the quantity of suspended

solids discharged by the applicant into the marine environment

during the period of the modification.

(C) Additional conditions. - The Administrator may not grant a

modification pursuant to an application submitted under this

paragraph unless the Administrator determines that such

modification will result in removal of not less than 58 percent

of the biological oxygen demand (on an annual average) and not

less than 80 percent of total suspended solids (on a monthly

average) in the discharge to which the application applies.

(D) Preliminary decision deadline. - The Administrator shall

announce a preliminary decision on an application submitted under

this paragraph not later than 1 year after the date the

application is submitted.

(k) Innovative technology

In the case of any facility subject to a permit under section

1342 of this title which proposes to comply with the requirements

of subsection (b)(2)(A) or (b)(2)(E) of this section by replacing

existing production capacity with an innovative production process

which will result in an effluent reduction significantly greater

than that required by the limitation otherwise applicable to such

facility and moves toward the national goal of eliminating the

discharge of all pollutants, or with the installation of an

innovative control technique that has a substantial likelihood for

enabling the facility to comply with the applicable effluent

limitation by achieving a significantly greater effluent reduction

than that required by the applicable effluent limitation and moves

toward the national goal of eliminating the discharge of all

pollutants, or by achieving the required reduction with an

innovative system that has the potential for significantly lower

costs than the systems which have been determined by the

Administrator to be economically achievable, the Administrator (or

the State with an approved program under section 1342 of this

title, in consultation with the Administrator) may establish a date

for compliance under subsection (b)(2)(A) or (b)(2)(E) of this

section no later than two years after the date for compliance with

such effluent limitation which would otherwise be applicable under

such subsection, if it is also determined that such innovative

system has the potential for industrywide application.

(g742l) Toxic pollutants

Other than as provided in subsection (n) of this section, the

Administrator may not modify any requirement of this section as it

applies to any specific pollutant which is on the toxic pollutant

list under section 1317(a)(1) of this title.

(m) Modification of effluent limitation requirements for point

sources

(1) The Administrator, with the concurrence of the State, may

issue a permit under section 1342 of this title which modifies the

requirements of subsections (b)(1)(A) and (b)(2)(E) of this

section, and of section 1343 of this title, with respect to

effluent limitations to the extent such limitations relate to

biochemical oxygen demand and pH from discharges by an industrial

discharger in such State into deep waters of the territorial seas,

if the applicant demonstrates and the Administrator finds that -

(A) the facility for which modification is sought is covered at

the time of the enactment of this subsection by National

Pollutant Discharge Elimination System permit number CA0005894 or

CA0005282;

(B) the energy and environmental costs of meeting such

requirements of subsections (b)(1)(A) and (b)(2)(E) of this

section and section 1343 of this title exceed by an unreasonable

amount the benefits to be obtained, including the objectives of

this chapter;

(C) the applicant has established a system for monitoring the

impact of such discharges on a representative sample of aquatic

biota;

(D) such modified requirements will not result in any

additional requirements on any other point or nonpoint source;

(E) there will be no new or substantially increased discharges

from the point source of the pollutant to which the modification

applies above that volume of discharge specified in the permit;

(F) the discharge is into waters where there is strong tidal

movement and other hydrological and geological characteristics

which are necessary to allow compliance with this subsection and

section 1251(a)(2) of this title;

(G) the applicant accepts as a condition to the permit a

contractural (!2) obligation to use funds in the amount required

(but not less than $250,000 per year for ten years) for research

and development of water pollution control technology, including

but not limited to closed cycle technology;

(H) the facts and circumstances present a unique situation

which, if relief is granted, will not establish a precedent or

the relaxation of the requirements of this chapter applicable to

similarly situated discharges; and

(I) no owner or operator of a facility comparable to that of

the applicant situated in the United States has demonstrated that

it would be put at a competitive disadvantage to the applicant

(or the parent company or any subsidiary thereof) as a result of

the issuance of a permit under this subsection.

(2) The effluent limitations established under a permit issued

under paragraph (1) shall be sufficient to implement the applicable

State water quality standards, to assure the protection of public

water supplies and protection and propagation of a balanced,

indigenous population of shellfish, fish, fauna, wildlife, and

other aquatic organisms, and to allow recreational activities in

and on the water. In setting such limitations, the Administrator

shall take into account any seasonal variations and the need for an

adequate margin of safety, considering the lack of essential

knowledge concerning the relationship between effluent limitations

and water quality and the lack of essential knowledge of the

effects of discharges on beneficial uses of the receiving waters.

(3) A permit under this subsection may be issued for a period not

to exceed five years, and such a permit may be renewed for one

additional period not to exceed five years upon a demonstration by

the applicant and a finding by the Administrator at the time of

application for any such renewal that the provisions of this

subsection are met.

(4) The Administrator may terminate a permit issued under this

subsection if the Administrator determines that there has been a

decline in ambient water quality of the receiving waters during the

period of the permit even if a direct cause and effect relationship

cannot be shown: Provided, That if the effluent from a source with

a permit issued under this subsection is contributing to a decline

in ambient water quality of the receiving waters, the Administrator

shall terminate such permit.

(n) Fundamentally different factors

(1) General rule

The Administrator, with the concurrence of the State, may

establish an alternative requirement under subsection (b)(2) of

this section or section 1317(b) of this title for a facility that

modifies the requirements of national effluent limitation

guidelines or categorical pretreatment standards that would

otherwise be applicable to such facility, if the owner or

operator of such facility demonstrates to the satisfaction of the

Administrator that -

(A) the facility is fundamentally different with respect to

the factors (other than cost) specified in section 1314(b) or

1314(g) of this title and considered by the Administrator in

establishing such national effluent limitation guidelines or

categorical pretreatment standards;

(B) the application -

(i) is based solely on information and supporting data

submitted to the Administrator during the rulemaking for

establishment of the applicable national effluent limitation

guidelines or categorical pretreatment standard specifically

raising the factors that are fundamentally different for such

facility; or

(ii) is based on information and supporting data referred

to in clause (i) and information and supporting data the

applicant did not have a reasonable opportunity to submit

during such rulemaking;

(C) the alternative requirement is no less stringent than

justified by the fundamental difference; and

(D) the alternative requirement will not result in a

non-water quality environmental impact which is markedly more

adverse than the impact considered by the Administrator in

establishing such national effluent limitation guideline or

categorical pretreatment standard.

(2) Time limit for applications

An application for an alternative requirement which modifies

the requirements of an effluent limitation or pretreatment

standard under this subsection must be submitted to the

Administrator within 180 days after the date on which such

limitation or standard is established or revised, as the case may

be.

(3) Time limit for decision

The Administrator shall approve or deny by final agency action

an application submitted under this subsection within 180 days

after the date such application is filed with the Administrator.

(4) Submission of information

The Administrator may allow an applicant under this subsection

to submit information and supporting data until the earlier of

the date the application is approved or denied or the last day

that the Administrator has to approve or deny such application.

(5) Treatment of pending applications

For the purposes of this subsection, an application for an

alternative requirement based on fundamentally different factors

which is pending on February 4, 1987, shall be treated as having

been submitted to the Administrator on the 180th day following

February 4, 1987. The applicant may amend the application to take

into account the provisions of this subsection.

(6) Effect of submission of application

An application for an alternative requirement under this

subsection shall not stay the applicant's obligation to comply

with the effluent limitation guideline or categorical

pretreatment standard which is the subject of the application.

(7) Effect of denial

If an application for an alternative requirement which modifies

the requirements of an effluent limitation or pretreatment

standard under this subsection is denied by the Administrator,

the applicant must comply with such limitation or standard as

established or revised, as the case may be.

(8) Reports

By January 1, 1997, and January 1 of every odd-numbered year

thereafter, the Administrator shall submit to the Committee on

Environment and Public Works of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives

a report on the status of applications for alternative

requirements which modify the requirements of effluent

limitations under section 1311 or 1314 of this title or any

national categorical pretreatment standard under section 1317(b)

of this title filed before, on, or after February 4, 1987.

(g742o) Application fees

The Administrator shall prescribe and collect from each applicant

fees reflecting the reasonable administrative costs incurred in

reviewing and processing applications for modifications submitted

to the Administrator pursuant to subsections (c), (g), (i), (k),

(m), and (n) of this section, section 1314(d)(4) of this title, and

section 1326(a) of this title. All amounts collected by the

Administrator under this subsection shall be deposited into a

special fund of the Treasury entitled "Water Permits and Related

Services" which shall thereafter be available for appropriation to

carry out activities of the Environmental Protection Agency for

which such fees were collected.

(p) Modified permit for coal remining operations

(1) In general

Subject to paragraphs (2) through (4) of this subsection, the

Administrator, or the State in any case which the State has an

approved permit program under section 1342(b) of this title, may

issue a permit under section 1342 of this title which modifies

the requirements of subsection (b)(2)(A) of this section with

respect to the pH level of any pre-existing discharge, and with

respect to pre-existing discharges of iron and manganese from the

remined area of any coal remining operation or with respect to

the pH level or level of iron or manganese in any pre-existing

discharge affected by the remining operation. Such modified

requirements shall apply the best available technology

economically achievable on a case-by-case basis, using best

professional judgment, to set specific numerical effluent

limitations in each permit.

(2) Limitations

The Administrator or the State may only issue a permit pursuant

to paragraph (1) if the applicant demonstrates to the

satisfaction of the Administrator or the State, as the case may

be, that the coal remining operation will result in the potential

for improved water quality from the remining operation but in no

event shall such a permit allow the pH level of any discharge,

and in no event shall such a permit allow the discharges of iron

and manganese, to exceed the levels being discharged from the

remined area before the coal remining operation begins. No

discharge from, or affected by, the remining operation shall

exceed State water quality standards established under section

1313 of this title.

(3) Definitions

For purposes of this subsection -

(A) Coal remining operation

The term "coal remining operation" means a coal mining

operation which begins after February 4, 1987 at a site on

which coal mining was conducted before August 3, 1977.

(B) Remined area

The term "remined area" means only that area of any coal

remining operation on which coal mining was conducted before

August 3, 1977.

(C) Pre-existing discharge

The term "pre-existing discharge" means any discharge at the

time of permit application under this subsection.

(4) Applicability of strip mining laws

Nothing in this subsection shall affect the application of the

Surface Mining Control and Reclamation Act of 1977 [30 U.S.C.

1201 et seq.] to any coal remining operation, including the

application of such Act to suspended solids.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 301, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L.

95-217, Secs. 42-47, 53(c), Dec. 27, 1977, 91 Stat. 1582-1586,

1590; Pub. L. 97-117, Secs. 21, 22(a)-(d), Dec. 29, 1981, 95 Stat.

1631, 1632; Pub. L. 97-440, Jan. 8, 1983, 96 Stat. 2289; Pub. L.

100-4, title III, Secs. 301(a)-(e), 302(a)-(d), 303(a), (b)(1),

(c)-(f), 304(a), 305, 306(a), (b), 307, Feb. 4, 1987, 101 Stat.

29-37; Pub. L. 100-688, title III, Sec. 3202(b), Nov. 18, 1988, 102

Stat. 4154; Pub. L. 103-431, Sec. 2, Oct. 31, 1994, 108 Stat. 4396;

Pub. L. 104-66, title II, Sec. 2021(b), Dec. 21, 1995, 109 Stat.

727.)

-REFTEXT-

REFERENCES IN TEXT

The Surface Mining Control and Reclamation Act of 1977, referred

to in subsec. (p)(4), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445,

as amended, which is classified generally to chapter 25 (Sec. 1201

et seq.) of Title 30, Mineral Lands and Mining. For complete

classification of this Act to the Code, see Short Title note set

out under section 1201 of Title 30 and Tables.

-MISC1-

AMENDMENTS

1995 - Subsec. (n)(8). Pub. L. 104-66 substituted "By January 1,

1997, and January 1 of every odd-numbered year thereafter, the

Administrator shall submit to the Committee on Environment and

Public Works of the Senate and the Committee on Transportation and

Infrastructure" for "Every 6 months after February 4, 1987, the

Administrator shall submit to the Committee on Environment and

Public Works of the Senate and the Committee on Public Works and

Transportation".

1994 - Subsec. (j)(1)(A). Pub. L. 103-431, Sec. 2(1), inserted

before semicolon at end ", and except as provided in paragraph

(5)".

Subsec. (j)(5). Pub. L. 103-431, Sec. 2(2), added par. (5).

1988 - Subsec. (f). Pub. L. 100-688 substituted ", any high-level

radioactive waste, or any medical waste," for "or high-level

radioactive waste".

1987 - Subsec. (b)(2)(C). Pub. L. 100-4, Sec. 301(a), struck out

"not later than July 1, 1984," before "with respect" and inserted

"as expeditiously as practicable but in no case later than three

years after the date such limitations are promulgated under section

1314(b) of this title, and in no case later than March 31, 1989"

after "of this paragraph".

Subsec. (b)(2)(D). Pub. L. 100-4, Sec. 301(b), substituted "as

expeditiously as practicable, but in no case later than three years

after the date such limitations are promulgated under section

1314(b) of this title, and in no case later than March 31, 1989"

for "not later than three years after the date such limitations are

established".

Subsec. (b)(2)(E). Pub. L. 100-4, Sec. 301(c), substituted "as

expeditiously as practicable but in no case later than three years

after the date such limitations are promulgated under section

1314(b) of this title, and in no case later than March 31, 1989,

compliance with" for "not later than July 1, 1984,".

Subsec. (b)(2)(F). Pub. L. 100-4, Sec. 301(d), substituted "as

expeditiously as practicable but in no case" for "not" and "and in

no case later than March 31, 1989" for "or not later than July 1,

1984, whichever is later, but in no case later than July 1, 1987".

Subsec. (b)(3). Pub. L. 100-4, Sec. 301(e), added par. (3).

Subsec. (g)(1). Pub. L. 100-4, Sec. 302(a), substituted par. (1)

for introductory provisions of former par. (1) which read as

follows: "The Administrator, with the concurrence of the State,

shall modify the requirements of subsection (b)(2)(A) of this

section with respect to the discharge of any pollutant (other than

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

toxic pollutants subject to section 1317(a) of this title, and the

thermal component of discharges) from any point source upon a

showing by the owner or operator of such point source satisfactory

to the Administrator that - ". Subpars (A) to (C) of former par.

(1) were redesignated as subpars. (A) to (C) of par. (2).

Subsec. (g)(2). Pub. L. 100-4, Sec. 302(a), (d)(2), inserted

introductory provisions of par. (2), and by so doing, redesignated

subpars. (A) to (C) of former par. (1) as subpars. (A) to (C) of

par. (2), realigned such subpars. with subpar. (A) of par. (4), and

redesignated former par. (2) as (3).

Subsec. (g)(3). Pub. L. 100-4, Sec. 302(a), (d)(1), redesignated

former par. (2) as (3), inserted heading, and aligned par. (3) with

par. (4).

Subsec. (g)(4), (5). Pub. L. 100-4, Sec. 302(b), added pars. (4)

and (5).

Subsec. (h). Pub. L. 100-4, Sec. 303(d)(2), (e), in closing

provisions, inserted provision defining "primary or equivalent

treatment" for purposes of par. (9) and provisions placing

limitations on issuance of permits for discharge of pollutant into

marine waters and saline estuarine waters and prohibiting issuance

of permit for discharge of pollutant into New York Bight Apex.

Subsec. (h)(2). Pub. L. 100-4, Sec. 303(a), substituted "the

discharge of pollutants in accordance with such modified

requirements will not interfere, alone or in combination with

pollutants from other sources," for "such modified requirements

will not interfere".

Subsec. (h)(3). Pub. L. 100-4, Sec. 303(b)(1), inserted ", and

the scope of such monitoring is limited to include only those

scientific investigations which are necessary to study the effects

of the proposed discharge" before semicolon at end.

Subsec. (h)(6) to (9). Pub. L. 100-4, Sec. 303(c), (d)(1), added

par. (6), redesignated former pars. (6) and (7) as (7) and (8),

respectively, substituted semicolon for period at end of par. (8),

and added par. (9).

Subsec. (i)(1). Pub. L. 100-4, Sec. 304(a), substituted "February

4, 1987" for "December 27, 1977".

Subsec. (j)(1)(A). Pub. L. 100-4, Sec. 303(f), inserted before

semicolon at end ", except that a publicly owned treatment works

which prior to December 31, 1982, had a contractual arrangement to

use a portion of the capacity of an ocean outfall operated by

another publicly owned treatment works which has applied for or

received modification under subsection (h) of this section, may

apply for a modification of subsection (h) of this section in its

own right not later than 30 days after February 4, 1987".

Subsec. (j)(2). Pub. L. 100-4, Sec. 302(c)(1), substituted

"Subject to paragraph (3) of this section, any" for "Any".

Subsec. (j)(3), (4). Pub. L. 100-4, Sec. 302(c)(2), added pars.

(3) and (4).

Subsec. (k). Pub. L. 100-4, Sec. 305, substituted "two years

after the date for compliance with such effluent limitation which

would otherwise be applicable under such subsection" for "July 1,

1987" and inserted "or (b)(2)(E)" after "(b)(2)(A)" in two places.

Subsec. (l). Pub. L. 100-4, Sec. 306(b), substituted "Other than

as provided in subsection (n) of this section, the" for "The".

Subsecs. (n), (o). Pub. L. 100-4, Sec. 306(a), added subsecs. (n)

and (o).

Subsec. (p). Pub. L. 100-4, Sec. 307, added subsec. (p).

1983 - Subsec. (m). Pub. L. 97-440 added subsec. (m).

1981 - Subsec. (b)(2)(B). Pub. L. 97-117, Sec. 21(b), struck out

subpar. (B) which required that, not later than July 1, 1983,

compliance by all publicly owned treatment works with the

requirements in section 1281(g)(2)(A) of this title be achieved.

Subsec. (h). Pub. L. 97-117, Sec. 22(a) to (c), struck out in

provision preceding par. (1) "in an existing discharge" after

"discharge of any pollutant", struck out par. (8), which required

the applicant to demonstrate to the satisfaction of the

Administrator that any funds available to the owner of such

treatment works under subchapter II of this chapter be used to

achieve the degree of effluent reduction required by section

1281(b) and (g)(2)(A) of this title or to carry out the

requirements of this subsection, and inserted in provision

following par. (7) a further provision that a municipality which

applies secondary treatment be eligible to receive a permit which

modifies the requirements of subsec. (b)(1)(B) of this section with

respect to the discharge of any pollutant from any treatment works

owned by such municipality into marine waters and that no permit

issued under this subsection authorize the discharge of sewage

sludge into marine waters.

Subsec. (i)(1), (2)(B). Pub. L. 97-117, Sec. 21(a), substituted

"July 1, 1988," for "July 1, 1983," wherever appearing. Par. (2)(B)

contained a reference to "July 1, 1983;" which was changed to "July

1, 1988;" as the probable intent of Congress in that reference to

July 1, 1983, was to the outside date for compliance for a point

source other than a publicly owned treatment works and subpar. (B)

allows a time extension for such a point source up to the date

granted in an extension for a publicly owned treatment works, which

date was extended to July 1, 1988, by Pub. L. 97-117.

Subsec. (j)(1)(A). Pub. L. 97-117, Sec. 22(d), substituted "that

the 365th day which begins after December 29, 1981" for "than 270

days after December 27, 1977".

1977 - Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 42(b), substituted

"for pollutants identified in subparagraphs (C), (D), and (F) of

this paragraph" for "not later than July 1, 1983".

Subsec. (b)(2)(C) to (F). Pub. L. 95-217, Sec. 42(a), added

subpars. (C) to (F).

Subsec. (g). Pub. L. 95-217, Sec. 43, added subsec. (g).

Subsec. (h). Pub. L. 95-217, Sec. 44, added subsec. (h).

Subsec. (i). Pub. L. 95-217, Sec. 45, added subsec. (i).

Subsec. (j). Pub. L. 95-217, Sec. 46, added subsec. (j).

Subsec. (k). Pub. L. 95-217, Sec. 47, added subsec. (k).

Subsec. (l). Pub. L. 95-217, Sec. 53(c), added subsec. (l).

-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 1987 AMENDMENT

Section 302(e) of Pub. L. 100-4 provided that:

"(1) General rule. - Except as provided in paragraph (2), the

amendments made by this section [amending this section] shall apply

to all requests for modifications under section 301(g) of the

Federal Water Pollution Control Act [33 U.S.C. 1311(g)] pending on

the date of the enactment of this Act [Feb. 4, 1987] and shall not

have the effect of extending the deadline established in section

301(j)(1)(B) of such Act.

"(2) Exception. - The amendments made by this section shall not

affect any application for a modification with respect to the

discharge of ammonia, chlorine, color, iron, or total phenols

(4AAP) under section 301(g) of the Federal Water Pollution Control

Act pending on the date of the enactment of this Act; except that

the Administrator must approve or disapprove such application not

later than 365 days after the date of such enactment."

Section 303(b)(2) of Pub. L. 100-4 provided that: "The amendment

made by subsection (b) [amending this section] shall only apply to

modifications and renewals of modifications which are tentatively

or finally approved after the date of the enactment of this Act

[Feb. 4, 1987]."

Section 303(g) of Pub. L. 100-4 provided that: "The amendments

made by subsections (a), (c), (d), and (e) of this section

[amending this section] shall not apply to an application for a

permit under section 301(h) of the Federal Water Pollution Control

Act [33 U.S.C. 1311(h)] which has been tentatively or finally

approved by the Administrator before the date of the enactment of

this Act [Feb. 4, 1987]; except that such amendments shall apply to

all renewals of such permits after such date of enactment."

Section 304(b) of Pub. L. 100-4 provided that: "The amendment

made by subsection (a) [amending this section] shall not apply to

those treatment works which are subject to a compliance schedule

established before the date of the enactment of this Act [Feb. 4,

1987] by a court order or a final administrative order."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 22(e) of Pub. L. 97-117 provided that: "The amendments

made by this section [amending this section] shall take effect on

the date of enactment of this Act [Dec. 29, 1981], except that no

applicant, other than the city of Avalon, California, who applies

after the date of enactment of this Act for a permit pursuant to

subsection (h) of section 301 of the Federal Water Pollution

Control Act [33 U.S.C. 1311(h)] which modifies the requirements of

subsection (b)(1)(B) of section 301 of such Act [33 U.S.C.

1311(b)(1)(B)] shall receive such permit during the one-year period

which begins on the date of enactment of this Act."

REGULATIONS

Section 301(f) of Pub. L. 100-4 provided that: "The Administrator

shall promulgate final regulations establishing effluent

limitations in accordance with sections 301(b)(2)(A) and 307(b)(1)

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

1311(b)(2)(A), 1317(b)(1)] for all toxic pollutants referred to in

table 1 of Committee Print Numbered 95-30 of the Committee on

Public Works and Transportation of the House of Representatives

which are discharged from the categories of point sources in

accordance with the following table:

"Category Date by which the

final regulation

shall

be promulgated

--------------------------------------------------------------------

Organic chemicals and plastics and December 31, 1986.

synthetic fibers

Pesticides December 31, 1986."

--------------------------------------------------------------------

PHOSPHATE FERTILIZER EFFLUENT LIMITATION

Amendment by section 306(a), (b) of Pub. L. 100-4 not to 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 1342(a)(1)(B) of this title, and (C)

to affect the authority of any State to deny or condition

certification under section 1314 of this title with respect to the

issuance of permits under section 1342(a)(1)(B) of this title, see

section 306(c) of Pub. L. 100-4, set out as a note under section

1342 of this title.

DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS

ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION FROM FEDERAL WATER

POLLUTION CONTROL REQUIREMENTS; CONDITIONS

Pub. L. 98-67, title II, Sec. 214(g), Aug. 5, 1983, 97 Stat. 393,

as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, provided that: "Any discharge from a point source in the

United States Virgin Islands in existence on the date of the

enactment of this subsection [Aug. 5, 1983] which discharge is

attributable to the manufacture of rum (as defined in paragraphs

(3) of section 7652(c) of the Internal Revenue Code of 1986

[formerly I.R.C. 1954]) [26 U.S.C. 7652(c)(3)] shall not be subject

to the requirements of section 301 (other than toxic pollutant

discharges), section 306 or section 403 of the Federal Water

Pollution Control Act [33 U.S.C. 1311, 1316, 1343] if -

"(1) such discharge occurs at least one thousand five hundred

feet into the territorial sea from the line of ordinary low water

from that portion of the coast which is in direct contact with

the sea, and

"(2) the Governor of the United States Virgin Islands

determines that such discharge will not interfere with the

attainment or maintenance of that water quality which shall

assure protection of public water supplies, and the protection

and propagation of a balanced population of shellfish, fish, and

wildlife, and allow recreational activities, in and on the water

and will not result in the discharge of pollutants in quantities

which may reasonably be anticipated to pose an unacceptable risk

to human health or the environment because of bioaccumulation,

persistency in the environment, acute toxicity, chronic toxicity

(including carcinogenicity, mutagenicity, or teratogenicity), or

synergistic propensities."

CERTAIN MUNICIPAL COMPLIANCE DEADLINES UNAFFECTED; EXCEPTION

Section 21(a) of Pub. L. 97-117 provided in part that: "The

amendment made by this subsection [amending this section] shall not

be interpreted or applied to extend the date for compliance with

section 301(b)(1)(B) or (C) of the Federal Water Pollution Control

Act [33 U.S.C. 1311(b)(1)(B), (C)] beyond schedules for compliance

in effect as of the date of enactment of this Act [Dec. 29, 1981],

except in cases where reductions in the amount of financial

assistance under this Act [Pub. L. 97-117, see Short Title of 1981

Amendment note set out under section 1251 of this title] or changed

conditions affecting the rate of construction beyond the control of

the owner or operator will make it impossible to complete

construction by July 1, 1983."

-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 1255, 1292, 1293a, 1297,

1312, 1313, 1314, 1317, 1319, 1325, 1326, 1341, 1342, 1344, 1365,

1367, 1369 of this title; title 42 section 6925.

-FOOTNOTE-

(!1) So in original. Probably should be "than".

(!2) So in original. Probably should be "contractual".

-End-

-CITE-

33 USC Sec. 1312 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1312. Water quality related effluent limitations

-STATUTE-

(a) Establishment

Whenever, in the judgment of the Administrator or as identified

under section 1314(l) of this title, discharges of pollutants from

a point source or group of point sources, with the application of

effluent limitations required under section 1311(b)(2) of this

title, would interfere with the attainment or maintenance of that

water quality in a specific portion of the navigable waters which

shall assure protection of public health, public water supplies,

agricultural and industrial uses, and the protection and

propagation of a balanced population of shellfish, fish and

wildlife, and allow recreational activities in and on the water,

effluent limitations (including alternative effluent control

strategies) for such point source or sources shall be established

which can reasonably be expected to contribute to the attainment or

maintenance of such water quality.

(b) Modifications of effluent limitations

(1) Notice and hearing

Prior to establishment of any effluent limitation pursuant to

subsection (a) of this section, the Administrator shall publish

such proposed limitation and within 90 days of such publication

hold a public hearing.

(2) Permits

(A) No reasonable relationship

The Administrator, with the concurrence of the State, may

issue a permit which modifies the effluent limitations required

by subsection (a) of this section for pollutants other than

toxic pollutants if the applicant demonstrates at such hearing

that (whether or not technology or other alternative control

strategies are available) there is no reasonable relationship

between the economic and social costs and the benefits to be

obtained (including attainment of the objective of this

chapter) from achieving such limitation.

(B) Reasonable progress

The Administrator, with the concurrence of the State, may

issue a permit which modifies the effluent limitations required

by subsection (a) of this section for toxic pollutants for a

single period not to exceed 5 years if the applicant

demonstrates to the satisfaction of the Administrator that such

modified requirements (i) will represent the maximum degree of

control within the economic capability of the owner and

operator of the source, and (ii) will result in reasonable

further progress beyond the requirements of section 1311(b)(2)

of this title toward the requirements of subsection (a) of this

section.

(c) Delay in application of other limitations

The establishment of effluent limitations under this section

shall not operate to delay the application of any effluent

limitation established under section 1311 of this title.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 302, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100-4,

title III, Sec. 308(e), Feb. 4, 1987, 101 Stat. 39.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-4, Sec. 308(e)(2), inserted "or

as identified under section 1314(l) of this title" after

"Administrator" and "public health," after "protection of".

Subsec. (b). Pub. L. 100-4, Sec. 308(e)(1), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

"(1) Prior to establishment of any effluent limitation pursuant

to subsection (a) of this section, the Administrator shall issue

notice of intent to establish such limitation and within ninety

days of such notice hold a public hearing to determine the

relationship of the economic and social costs of achieving any such

limitation or limitations, including any economic or social

dislocation in the affected community or communities, to the social

and economic benefits to be obtained (including the attainment of

the objective of this chapter) and to determine whether or not such

effluent limitations can be implemented with available technology

or other alternative control strategies.

"(2) If a person affected by such limitation demonstrates at such

hearing that (whether or not such technology or other alternative

control strategies are available) there is no reasonable

relationship between the economic and social costs and the benefits

to be obtained (including attainment of the objective of this

chapter), such limitation shall not become effective and the

Administrator shall adjust such limitation as it applies to such

person."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1292, 1311, 1313, 1314,

1319, 1341, 1342, 1365, 1367, 1369 of this title.

-End-

-CITE-

33 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1313. Water quality standards and implementation plans

-STATUTE-

(a) Existing water quality standards

(1) In order to carry out the purpose of this chapter, any water

quality standard applicable to interstate waters which was adopted

by any State and submitted to, and approved by, or is awaiting

approval by, the Administrator pursuant to this Act as in effect

immediately prior to October 18, 1972, shall remain in effect

unless the Administrator determined that such standard is not

consistent with the applicable requirements of this Act as in

effect immediately prior to October 18, 1972. If the Administrator

makes such a determination he shall, within three months after

October 18, 1972, notify the State and specify the changes needed

to meet such requirements. If such changes are not adopted by the

State within ninety days after the date of such notification, the

Administrator shall promulgate such changes in accordance with

subsection (b) of this section.

(2) Any State which, before October 18, 1972, has adopted,

pursuant to its own law, water quality standards applicable to

intrastate waters shall submit such standards to the Administrator

within thirty days after October 18, 1972. Each such standard shall

remain in effect, in the same manner and to the same extent as any

other water quality standard established under this chapter unless

the Administrator determines that such standard is inconsistent

with the applicable requirements of this Act as in effect

immediately prior to October 18, 1972. If the Administrator makes

such a determination he shall not later than the one hundred and

twentieth day after the date of submission of such standards,

notify the State and specify the changes needed to meet such

requirements. If such changes are not adopted by the State within

ninety days after such notification, the Administrator shall

promulgate such changes in accordance with subsection (b) of this

section.

(3)(A) Any State which prior to October 18, 1972, has not adopted

pursuant to its own laws water quality standards applicable to

intrastate waters shall, not later than one hundred and eighty days

after October 18, 1972, adopt and submit such standards to the

Administrator.

(B) If the Administrator determines that any such standards are

consistent with the applicable requirements of this Act as in

effect immediately prior to October 18, 1972, he shall approve such

standards.

(C) If the Administrator determines that any such standards are

not consistent with the applicable requirements of this Act as in

effect immediately prior to October 18, 1972, he shall, not later

than the ninetieth day after the date of submission of such

standards, notify the State and specify the changes to meet such

requirements. If such changes are not adopted by the State within

ninety days after the date of notification, the Administrator shall

promulgate such standards pursuant to subsection (b) of this

section.

(b) Proposed regulations

(1) The Administrator shall promptly prepare and publish proposed

regulations setting forth water quality standards for a State in

accordance with the applicable requirements of this Act as in

effect immediately prior to October 18, 1972, if -

(A) the State fails to submit water quality standards within

the times prescribed in subsection (a) of this section.

(B) a water quality standard submitted by such State under

subsection (a) of this section is determined by the Administrator

not to be consistent with the applicable requirements of

subsection (a) of this section.

(2) The Administrator shall promulgate any water quality standard

published in a proposed regulation not later than one hundred and

ninety days after the date he publishes any such proposed standard,

unless prior to such promulgation, such State has adopted a water

quality standard which the Administrator determines to be in

accordance with subsection (a) of this section.

(c) Review; revised standards; publication

(1) The Governor of a State or the State water pollution control

agency of such State shall from time to time (but at least once

each three year period beginning with October 18, 1972) hold public

hearings for the purpose of reviewing applicable water quality

standards and, as appropriate, modifying and adopting standards.

Results of such review shall be made available to the

Administrator.

(2)(A) Whenever the State revises or adopts a new standard, such

revised or new standard shall be submitted to the Administrator.

Such revised or new water quality standard shall consist of the

designated uses of the navigable waters involved and the water

quality criteria for such waters based upon such uses. Such

standards shall be such as to protect the public health or welfare,

enhance the quality of water and serve the purposes of this

chapter. Such standards shall be established taking into

consideration their use and value for public water supplies,

propagation of fish and wildlife, recreational purposes, and

agricultural, industrial, and other purposes, and also taking into

consideration their use and value for navigation.

(B) Whenever a State reviews water quality standards pursuant to

paragraph (1) of this subsection, or revises or adopts new

standards pursuant to this paragraph, such State shall adopt

criteria for all toxic pollutants listed pursuant to section

1317(a)(1) of this title for which criteria have been published

under section 1314(a) of this title, the discharge or presence of

which in the affected waters could reasonably be expected to

interfere with those designated uses adopted by the State, as

necessary to support such designated uses. Such criteria shall be

specific numerical criteria for such toxic pollutants. Where such

numerical criteria are not available, whenever a State reviews

water quality standards pursuant to paragraph (1), or revises or

adopts new standards pursuant to this paragraph, such State shall

adopt criteria based on biological monitoring or assessment methods

consistent with information published pursuant to section

1314(a)(8) of this title. Nothing in this section shall be

construed to limit or delay the use of effluent limitations or

other permit conditions based on or involving biological monitoring

or assessment methods or previously adopted numerical criteria.

(3) If the Administrator, within sixty days after the date of

submission of the revised or new standard, determines that such

standard meets the requirements of this chapter, such standard

shall thereafter be the water quality standard for the applicable

waters of that State. If the Administrator determines that any such

revised or new standard is not consistent with the applicable

requirements of this chapter, he shall not later than the ninetieth

day after the date of submission of such standard notify the State

and specify the changes to meet such requirements. If such changes

are not adopted by the State within ninety days after the date of

notification, the Administrator shall promulgate such standard

pursuant to paragraph (4) of this subsection.

(4) The Administrator shall promptly prepare and publish proposed

regulations setting forth a revised or new water quality standard

for the navigable waters involved -

(A) if a revised or new water quality standard submitted by

such State under paragraph (3) of this subsection for such waters

is determined by the Administrator not to be consistent with the

applicable requirements of this chapter, or

(B) in any case where the Administrator determines that a

revised or new standard is necessary to meet the requirements of

this chapter.

The Administrator shall promulgate any revised or new standard

under this paragraph not later than ninety days after he publishes

such proposed standards, unless prior to such promulgation, such

State has adopted a revised or new water quality standard which the

Administrator determines to be in accordance with this chapter.

(d) Identification of areas with insufficient controls; maximum

daily load; certain effluent limitations revision

(1)(A) Each State shall identify those waters within its

boundaries for which the effluent limitations required by section

1311(b)(1)(A) and section 1311(b)(1)(B) of this title are not

stringent enough to implement any water quality standard applicable

to such waters. The State shall establish a priority ranking for

such waters, taking into account the severity of the pollution and

the uses to be made of such waters.

(B) Each State shall identify those waters or parts thereof

within its boundaries for which controls on thermal discharges

under section 1311 of this title are not stringent enough to assure

protection and propagation of a balanced indigenous population of

shellfish, fish, and wildlife.

(C) Each State shall establish for the waters identified in

paragraph (1)(A) of this subsection, and in accordance with the

priority ranking, the total maximum daily load, for those

pollutants which the Administrator identifies under section

1314(a)(2) of this title as suitable for such calculation. Such

load shall be established at a level necessary to implement the

applicable water quality standards with seasonal variations and a

margin of safety which takes into account any lack of knowledge

concerning the relationship between effluent limitations and water

quality.

(D) Each State shall estimate for the waters identified in

paragraph (1)(B) of this subsection the total maximum daily thermal

load required to assure protection and propagation of a balanced,

indigenous population of shellfish, fish, and wildlife. Such

estimates shall take into account the normal water temperatures,

flow rates, seasonal variations, existing sources of heat input,

and the dissipative capacity of the identified waters or parts

thereof. Such estimates shall include a calculation of the maximum

heat input that can be made into each such part and shall include a

margin of safety which takes into account any lack of knowledge

concerning the development of thermal water quality criteria for

such protection and propagation in the identified waters or parts

thereof.

(2) Each State shall submit to the Administrator from time to

time, with the first such submission not later than one hundred and

eighty days after the date of publication of the first

identification of pollutants under section 1314(a)(2)(D) of this

title, for his approval the waters identified and the loads

established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of

this subsection. The Administrator shall either approve or

disapprove such identification and load not later than thirty days

after the date of submission. If the Administrator approves such

identification and load, such State shall incorporate them into its

current plan under subsection (e) of this section. If the

Administrator disapproves such identification and load, he shall

not later than thirty days after the date of such disapproval

identify such waters in such State and establish such loads for

such waters as he determines necessary to implement the water

quality standards applicable to such waters and upon such

identification and establishment the State shall incorporate them

into its current plan under subsection (e) of this section.

(3) For the specific purpose of developing information, each

State shall identify all waters within its boundaries which it has

not identified under paragraph (1)(A) and (1)(B) of this subsection

and estimate for such waters the total maximum daily load with

seasonal variations and margins of safety, for those pollutants

which the Administrator identifies under section 1314(a)(2) of this

title as suitable for such calculation and for thermal discharges,

at a level that would assure protection and propagation of a

balanced indigenous population of fish, shellfish, and wildlife.

(4) Limitations on revision of certain effluent limitations. -

(A) Standard not attained. - For waters identified under

paragraph (1)(A) where the applicable water quality standard has

not yet been attained, any effluent limitation based on a total

maximum daily load or other waste load allocation established

under this section may be revised only if (i) the cumulative

effect of all such revised effluent limitations based on such

total maximum daily load or waste load allocation will assure the

attainment of such water quality standard, or (ii) the designated

use which is not being attained is removed in accordance with

regulations established under this section.

(B) Standard attained. - For waters identified under paragraph

(1)(A) where the quality of such waters equals or exceeds levels

necessary to protect the designated use for such waters or

otherwise required by applicable water quality standards, any

effluent limitation based on a total maximum daily load or other

waste load allocation established under this section, or any

water quality standard established under this section, or any

other permitting standard may be revised only if such revision is

subject to and consistent with the antidegradation policy

established under this section.

(e) Continuing planning process

(1) Each State shall have a continuing planning process approved

under paragraph (2) of this subsection which is consistent with

this chapter.

(2) Each State shall submit not later than 120 days after October

18, 1972, to the Administrator for his approval a proposed

continuing planning process which is consistent with this chapter.

Not later than thirty days after the date of submission of such a

process the Administrator shall either approve or disapprove such

process. The Administrator shall from time to time review each

State's approved planning process for the purpose of insuring that

such planning process is at all times consistent with this chapter.

The Administrator shall not approve any State permit program under

subchapter IV of this chapter for any State which does not have an

approved continuing planning process under this section.

(3) The Administrator shall approve any continuing planning

process submitted to him under this section which will result in

plans for all navigable waters within such State, which include,

but are not limited to, the following:

(A) effluent limitations and schedules of compliance at least

as stringent as those required by section 1311(b)(1), section

1311(b)(2), section 1316, and section 1317 of this title, and at

least as stringent as any requirements contained in any

applicable water quality standard in effect under authority of

this section;

(B) the incorporation of all elements of any applicable

area-wide waste management plans under section 1288 of this

title, and applicable basin plans under section 1289 of this

title;

(C) total maximum daily load for pollutants in accordance with

subsection (d) of this section;

(D) procedures for revision;

(E) adequate authority for intergovernmental cooperation;

(F) adequate implementation, including schedules of compliance,

for revised or new water quality standards, under subsection (c)

of this section;

(G) controls over the disposition of all residual waste from

any water treatment processing;

(H) an inventory and ranking, in order of priority, of needs

for construction of waste treatment works required to meet the

applicable requirements of sections 1311 and 1312 of this title.

(f) Earlier compliance

Nothing in this section shall be construed to affect any effluent

limitation, or schedule of compliance required by any State to be

implemented prior to the dates set forth in sections 1311(b)(1) and

1311(b)(2) of this title nor to preclude any State from requiring

compliance with any effluent limitation or schedule of compliance

at dates earlier than such dates.

(g) Heat standards

Water quality standards relating to heat shall be consistent with

the requirements of section 1326 of this title.

(h) Thermal water quality standards

For the purposes of this chapter the term "water quality

standards" includes thermal water quality standards.

(i) Coastal recreation water quality criteria

(1) Adoption by States

(A) Initial criteria and standards

Not later than 42 months after October 10, 2000, each State

having coastal recreation waters shall adopt and submit to the

Administrator water quality criteria and standards for the

coastal recreation waters of the State for those pathogens and

pathogen indicators for which the Administrator has published

criteria under section 1314(a) of this title.

(B) New or revised criteria and standards

Not later than 36 months after the date of publication by the

Administrator of new or revised water quality criteria under

section 1314(a)(9) of this title, each State having coastal

recreation waters shall adopt and submit to the Administrator

new or revised water quality standards for the coastal

recreation waters of the State for all pathogens and pathogen

indicators to which the new or revised water quality criteria

are applicable.

(2) Failure of States to adopt

(A) In general

If a State fails to adopt water quality criteria and

standards in accordance with paragraph (1)(A) that are as

protective of human health as the criteria for pathogens and

pathogen indicators for coastal recreation waters published by

the Administrator, the Administrator shall promptly propose

regulations for the State setting forth revised or new water

quality standards for pathogens and pathogen indicators

described in paragraph (1)(A) for coastal recreation waters of

the State.

(B) Exception

If the Administrator proposes regulations for a State

described in subparagraph (A) under subsection (c)(4)(B) of

this section, the Administrator shall publish any revised or

new standard under this subsection not later than 42 months

after October 10, 2000.

(3) Applicability

Except as expressly provided by this subsection, the

requirements and procedures of subsection (c) of this section

apply to this subsection, including the requirement in subsection

(c)(2)(A) of this section that the criteria protect public health

and welfare.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 303, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100-4,

title III, Sec. 308(d), title IV, Sec. 404(b), Feb. 4, 1987, 101

Stat. 39, 68; Pub. L. 106-284, Sec. 2, Oct. 10, 2000, 114 Stat.

870.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) and

(b)(1), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to

the supersedure and reenactment of act June 30, 1948 by act Oct.

18, 1972, Pub. L. 92-500, 86 Stat. 816. Act June 30, 1948, ch. 758,

as added by act Oct. 18, 1972, Pub. L. 92-500, 86 Stat. 816,

enacted this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (i). Pub. L. 106-284 added subsec. (i).

1987 - Subsec. (c)(2). Pub. L. 100-4, Sec. 308(d), designated

existing provision as subpar. (A) and added subpar. (B).

Subsec. (d)(4). Pub. L. 100-4, Sec. 404(b), added par. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1252, 1284, 1285, 1288,

1311, 1313a, 1314, 1319, 1326, 1329, 1341, 1342, 1362, 1375, 1377,

1383, 1384 of this title; title 16 section 1455b; title 42 section

9621.

-End-

-CITE-

33 USC Sec. 1313a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1313a. Revised water quality standards

-STATUTE-

The review, revision, and adoption or promulgation of revised or

new water quality standards pursuant to section 303(c) of the

Federal Water Pollution Control Act [33 U.S.C. 1313(c)] shall be

completed by the date three years after December 29, 1981. No grant

shall be made under title II of the Federal Water Pollution Control

Act [33 U.S.C. 1281 et seq.] after such date until water quality

standards are reviewed and revised pursuant to section 303(c),

except where the State has in good faith submitted such revised

water quality standards and the Administrator has not acted to

approve or disapprove such submission within one hundred and twenty

days of receipt.

-SOURCE-

(Pub. L. 97-117, Sec. 24, Dec. 29, 1981, 95 Stat. 1632.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in text, is

act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500,

Sec. 2, Oct. 18, 1972, 86 Stat. 816. Title II of the Act is

classified generally to subchapter II (Sec. 1281 et seq.) of 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 Municipal Wastewater Treatment

Construction Grant Amendments of 1981, and not as part of the

Federal Water Pollution Control Act which comprises this chapter.

-End-

-CITE-

33 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1314. Information and guidelines

-STATUTE-

(a) Criteria development and publication

(1) The Administrator, after consultation with appropriate

Federal and State agencies and other interested persons, shall

develop and publish, within one year after October 18, 1972 (and

from time to time thereafter revise) criteria for water quality

accurately reflecting the latest scientific knowledge (A) on the

kind and extent of all identifiable effects on health and welfare

including, but not limited to, plankton, fish, shellfish, wildlife,

plant life, shorelines, beaches, esthetics, and recreation which

may be expected from the presence of pollutants in any body of

water, including ground water; (B) on the concentration and

dispersal of pollutants, or their byproducts, through biological,

physical, and chemical processes; and (C) on the effects of

pollutants on biological community diversity, productivity, and

stability, including information on the factors affecting rates of

eutrophication and rates of organic and inorganic sedimentation for

varying types of receiving waters.

(2) The Administrator, after consultation with appropriate

Federal and State agencies and other interested persons, shall

develop and publish, within one year after October 18, 1972 (and

from time to time thereafter revise) information (A) on the factors

necessary to restore and maintain the chemical, physical, and

biological integrity of all navigable waters, ground waters, waters

of the contiguous zone, and the oceans; (B) on the factors

necessary for the protection and propagation of shellfish, fish,

and wildlife for classes and categories of receiving waters and to

allow recreational activities in and on the water; and (C) on the

measurement and classification of water quality; and (D) for the

purpose of section 1313 of this title, on and the identification of

pollutants suitable for maximum daily load measurement correlated

with the achievement of water quality objectives.

(3) Such criteria and information and revisions thereof shall be

issued to the States and shall be published in the Federal Register

and otherwise made available to the public.

(4) The Administrator shall, within 90 days after December 27,

1977, and from time to time thereafter, publish and revise as

appropriate information identifying conventional pollutants,

including but not limited to, pollutants classified as biological

oxygen demanding, suspended solids, fecal coliform, and pH. The

thermal component of any discharge shall not be identified as a

conventional pollutant under this paragraph.

(5)(A) The Administrator, to the extent practicable before

consideration of any request under section 1311(g) of this title

and within six months after December 27, 1977, shall develop and

publish information on the factors necessary for the protection of

public water supplies, and the protection and propagation of a

balanced population of shellfish, fish and wildlife, and to allow

recreational activities, in and on the water.

(B) The Administrator, to the extent practicable before

consideration of any application under section 1311(h) of this

title and within six months after December 27, 1977, shall develop

and publish information on the factors necessary for the protection

of public water supplies, and the protection and propagation of a

balanced indigenous population of shellfish, fish and wildlife, and

to allow recreational activities, in and on the water.

(6) The Administrator shall, within three months after December

27, 1977, and annually thereafter, for purposes of section 1311(h)

of this title publish and revise as appropriate information

identifying each water quality standard in effect under this

chapter or State law, the specific pollutants associated with such

water quality standard, and the particular waters to which such

water quality standard applies.

(7) Guidance to states. - The Administrator, after consultation

with appropriate State agencies and on the basis of criteria and

information published under paragraphs (1) and (2) of this

subsection, shall develop and publish, within 9 months after

February 4, 1987, guidance to the States on performing the

identification required by subsection (l)(1) of this section.

(8) Information on water quality criteria. - The Administrator,

after consultation with appropriate State agencies and within 2

years after February 4, 1987, shall develop and publish information

on methods for establishing and measuring water quality criteria

for toxic pollutants on other bases than pollutant-by-pollutant

criteria, including biological monitoring and assessment methods.

(9) Revised criteria for coastal recreation waters. -

(A) In general. - Not later than 5 years after October 10,

2000, after consultation and in cooperation with appropriate

Federal, State, tribal, and local officials (including local

health officials), the Administrator shall publish new or revised

water quality criteria for pathogens and pathogen indicators

(including a revised list of testing methods, as appropriate),

based on the results of the studies conducted under section

1254(v) of this title, for the purpose of protecting human health

in coastal recreation waters.

(B) Reviews. - Not later than the date that is 5 years after

the date of publication of water quality criteria under this

paragraph, and at least once every 5 years thereafter, the

Administrator shall review and, as necessary, revise the water

quality criteria.

(b) Effluent limitation guidelines

For the purpose of adopting or revising effluent limitations

under this chapter the Administrator shall, after consultation with

appropriate Federal and State agencies and other interested

persons, publish within one year of October 18, 1972, regulations,

providing guidelines for effluent limitations, and, at least

annually thereafter, revise, if appropriate, such regulations. Such

regulations shall -

(1)(A) identify, in terms of amounts of constituents and

chemical, physical, and biological characteristics of pollutants,

the degree of effluent reduction attainable through the

application of the best practicable control technology currently

available for classes and categories of point sources (other than

publicly owned treatment works); and

(B) specify factors to be taken into account in determining the

control measures and practices to be applicable to point sources

(other than publicly owned treatment works) within such

categories or classes. Factors relating to the assessment of best

practicable control technology currently available to comply with

subsection (b)(1) of section 1311 of this title shall include

consideration of the total cost of application of technology in

relation to the effluent reduction benefits to be achieved from

such application, and shall also take into account the age of

equipment and facilities involved, the process employed, the

engineering aspects of the application of various types of

control techniques, process changes, non-water quality

environmental impact (including energy requirements), and such

other factors as the Administrator deems appropriate;

(2)(A) identify, in terms of amounts of constituents and

chemical, physical, and biological characteristics of pollutants,

the degree of effluent reduction attainable through the

application of the best control measures and practices achievable

including treatment techniques, process and procedure

innovations, operating methods, and other alternatives for

classes and categories of point sources (other than publicly

owned treatment works); and

(B) specify factors to be taken into account in determining the

best measures and practices available to comply with subsection

(b)(2) of section 1311 of this title to be applicable to any

point source (other than publicly owned treatment works) within

such categories or classes. Factors relating to the assessment of

best available technology shall take into account the age of

equipment and facilities involved, the process employed, the

engineering aspects of the application of various types of

control techniques, process changes, the cost of achieving such

effluent reduction, non-water quality environmental impact

(including energy requirements), and such other factors as the

Administrator deems appropriate;

(3) identify control measures and practices available to

eliminate the discharge of pollutants from categories and classes

of point sources, taking into account the cost of achieving such

elimination of the discharge of pollutants; and

(4)(A) identify, in terms of amounts of constituents and

chemical, physical, and biological characteristics of pollutants,

the degree of effluent reduction attainable through the

application of the best conventional pollutant control technology

(including measures and practices) for classes and categories of

point sources (other than publicly owned treatment works); and

(B) specify factors to be taken into account in determining the

best conventional pollutant control technology measures and

practices to comply with section 1311(b)(2)(E) of this title to

be applicable to any point source (other than publicly owned

treatment works) within such categories or classes. Factors

relating to the assessment of best conventional pollutant control

technology (including measures and practices) shall include

consideration of the reasonableness of the relationship between

the costs of attaining a reduction in effluents and the effluent

reduction benefits derived, and the comparison of the cost and

level of reduction of such pollutants from the discharge from

publicly owned treatment works to the cost and level of reduction

of such pollutants from a class or category of industrial

sources, and shall take into account the age of equipment and

facilities involved, the process employed, the engineering

aspects of the application of various types of control

techniques, process changes, non-water quality environmental

impact (including energy requirements), and such other factors as

the Administrator deems appropriate.

(c) Pollution discharge elimination procedures

The Administrator, after consultation, with appropriate Federal

and State agencies and other interested persons, shall issue to the

States and appropriate water pollution control agencies within 270

days after October 18, 1972 (and from time to time thereafter)

information on the processes, procedures, or operating methods

which result in the elimination or reduction of the discharge of

pollutants to implement standards of performance under section 1316

of this title. Such information shall include technical and other

data, including costs, as are available on alternative methods of

elimination or reduction of the discharge of pollutants. Such

information, and revisions thereof, shall be published in the

Federal Register and otherwise shall be made available to the

public.

(d) Secondary treatment information; alternative waste treatment

management techniques; innovative and alternative wastewater

treatment processes; facilities deemed equivalent of secondary

treatment

(1) The Administrator, after consultation with appropriate

Federal and State agencies and other interested persons, shall

publish within sixty days after October 18, 1972 (and from time to

time thereafter) information, in terms of amounts of constituents

and chemical, physical, and biological characteristics of

pollutants, on the degree of effluent reduction attainable through

the application of secondary treatment.

(2) The Administrator, after consultation with appropriate

Federal and State agencies and other interested persons, shall

publish within nine months after October 18, 1972 (and from time to

time thereafter) information on alternative waste treatment

management techniques and systems available to implement section

1281 of this title.

(3) The Administrator, after consultation with appropriate

Federal and State agencies and other interested persons, shall

promulgate within one hundred and eighty days after December 27,

1977, guidelines for identifying and evaluating innovative and

alternative wastewater treatment processes and techniques referred

to in section 1281(g)(5) of this title.

(4) For the purposes of this subsection, such biological

treatment facilities as oxidation ponds, lagoons, and ditches and

trickling filters shall be deemed the equivalent of secondary

treatment. The Administrator shall provide guidance under paragraph

(1) of this subsection on design criteria for such facilities,

taking into account pollutant removal efficiencies and, consistent

with the objectives of this chapter, assuring that water quality

will not be adversely affected by deeming such facilities as the

equivalent of secondary treatment.

(e) Best management practices for industry

The Administrator, after consultation with appropriate Federal

and State agencies and other interested persons, may publish

regulations, supplemental to any effluent limitations specified

under subsections (b) and (c) of this section for a class or

category of point sources, for any specific pollutant which the

Administrator is charged with a duty to regulate as a toxic or

hazardous pollutant under section 1317(a)(1) or 1321 of this title,

to control plant site runoff, spillage or leaks, sludge or waste

disposal, and drainage from raw material storage which the

Administrator determines are associated with or ancillary to the

industrial manufacturing or treatment process within such class or

category of point sources and may contribute significant amounts of

such pollutants to navigable waters. Any applicable controls

established under this subsection shall be included as a

requirement for the purposes of section 1311, 1312, 1316, 1317, or

1343 of this title, as the case may be, in any permit issued to a

point source pursuant to section 1342 of this title.

(f) Identification and evaluation of nonpoint sources of pollution;

processes, procedures, and methods to control pollution

The Administrator, after consultation with appropriate Federal

and State agencies and other interested persons, shall issue to

appropriate Federal agencies, the States, water pollution control

agencies, and agencies designated under section 1288 of this title,

within one year after October 18, 1972 (and from time to time

thereafter) information including (1) guidelines for identifying

and evaluating the nature and extent of nonpoint sources of

pollutants, and (2) processes, procedures, and methods to control

pollution resulting from -

(A) agricultural and silvicultural activities, including runoff

from fields and crop and forest lands;

(B) mining activities, including runoff and siltation from new,

currently operating, and abandoned surface and underground mines;

(C) all construction activity, including runoff from the

facilities resulting from such construction;

(D) the disposal of pollutants in wells or in subsurface

excavations;

(E) salt water intrusion resulting from reductions of fresh

water flow from any cause, including extraction of ground water,

irrigation, obstruction, and diversion; and

(F) changes in the movement, flow, or circulation of any

navigable waters or ground waters, including changes caused by

the construction of dams, levees, channels, causeways, or flow

diversion facilities.

Such information and revisions thereof shall be published in the

Federal Register and otherwise made available to the public.

(g) Guidelines for pretreatment of pollutants

(1) For the purpose of assisting States in carrying out programs

under section 1342 of this title, the Administrator shall publish,

within one hundred and twenty days after October 18, 1972, and

review at least annually thereafter and, if appropriate, revise

guidelines for pretreatment of pollutants which he determines are

not susceptible to treatment by publicly owned treatment works.

Guidelines under this subsection shall be established to control

and prevent the discharge into the navigable waters, the contiguous

zone, or the ocean (either directly or through publicly owned

treatment works) of any pollutant which interferes with, passes

through, or otherwise is incompatible with such works.

(2) When publishing guidelines under this subsection, the

Administrator shall designate the category or categories of

treatment works to which the guidelines shall apply.

(h) Test procedures guidelines

The Administrator shall, within one hundred and eighty days from

October 18, 1972, promulgate guidelines establishing test

procedures for the analysis of pollutants that shall include the

factors which must be provided in any certification pursuant to

section 1341 of this title or permit application pursuant to

section 1342 of this title.

(i) Guidelines for monitoring, reporting, enforcement, funding,

personnel, and manpower

The Administrator shall (1) within sixty days after October 18,

1972, promulgate guidelines for the purpose of establishing uniform

application forms and other minimum requirements for the

acquisition of information from owners and operators of

point-sources of discharge subject to any State program under

section 1342 of this title, and (2) within sixty days from October

18, 1972, promulgate guidelines establishing the minimum procedural

and other elements of any State program under section 1342 of this

title, which shall include:

(A) monitoring requirements;

(B) reporting requirements (including procedures to make

information available to the public);

(C) enforcement provisions; and

(D) funding, personnel qualifications, and manpower

requirements (including a requirement that no board or body which

approves permit applications or portions thereof shall include,

as a member, any person who receives, or has during the previous

two years received, a significant portion of his income directly

or indirectly from permit holders or applicants for a permit).

(j) Lake restoration guidance manual

The Administrator shall, within 1 year after February 4, 1987,

and biennially thereafter, publish and disseminate a lake

restoration guidance manual describing methods, procedures, and

processes to guide State and local efforts to improve, restore, and

enhance water quality in the Nation's publicly owned lakes.

(k) Agreements with Secretaries of Agriculture, Army, and the

Interior to provide maximum utilization of programs to achieve

and maintain water quality; transfer of funds; authorization of

appropriations

(1) The Administrator shall enter into agreements with the

Secretary of Agriculture, the Secretary of the Army, and the

Secretary of the Interior, and the heads of such other departments,

agencies, and instrumentalities of the United States as the

Administrator determines, to provide for the maximum utilization of

other Federal laws and programs for the purpose of achieving and

maintaining water quality through appropriate implementation of

plans approved under section 1288 of this title and nonpoint source

pollution management programs approved under section 1329 of this

title.

(2) The Administrator is authorized to transfer to the Secretary

of Agriculture, the Secretary of the Army, and the Secretary of the

Interior and the heads of such other departments, agencies, and

instrumentalities of the United States as the Administrator

determines, any funds appropriated under paragraph (3) of this

subsection to supplement funds otherwise appropriated to programs

authorized pursuant to any agreement under paragraph (1).

(3) There is authorized to be appropriated to carry out the

provisions of this subsection, $100,000,000 per fiscal year for the

fiscal years 1979 through 1983 and such sums as may be necessary

for fiscal years 1984 through 1990.

(g742l) Individual control strategies for toxic pollutants

(1) State list of navigable waters and development of strategies

Not later than 2 years after February 4, 1987, each State shall

submit to the Administrator for review, approval, and

implementation under this subsection -

(A) a list of those waters within the State which after the

application of effluent limitations required under section

1311(b)(2) of this title cannot reasonably be anticipated to

attain or maintain (i) water quality standards for such waters

reviewed, revised, or adopted in accordance with section

1313(c)(2)(B) of this title, due to toxic pollutants, or (ii)

that water quality which shall assure protection of public

health, public water supplies, agricultural and industrial

uses, and the protection and propagation of a balanced

population of shellfish, fish and wildlife, and allow

recreational activities in and on the water;

(B) a list of all navigable waters in such State for which

the State does not expect the applicable standard under section

1313 of this title will be achieved after the requirements of

sections 1311(b), 1316, and 1317(b) of this title are met, due

entirely or substantially to discharges from point sources of

any toxic pollutants listed pursuant to section 1317(a) of this

title;

(C) for each segment of the navigable waters included on such

lists, a determination of the specific point sources

discharging any such toxic pollutant which is believed to be

preventing or impairing such water quality and the amount of

each such toxic pollutant discharged by each such source; and

(D) for each such segment, an individual control strategy

which the State determines will produce a reduction in the

discharge of toxic pollutants from point sources identified by

the State under this paragraph through the establishment of

effluent limitations under section 1342 of this title and water

quality standards under section 1313(c)(2)(B) of this title,

which reduction is sufficient, in combination with existing

controls on point and nonpoint sources of pollution, to achieve

the applicable water quality standard as soon as possible, but

not later than 3 years after the date of the establishment of

such strategy.

(2) Approval or disapproval

Not later than 120 days after the last day of the 2-year period

referred to in paragraph (1), the Administrator shall approve or

disapprove the control strategies submitted under paragraph (1)

by any State.

(3) Administrator's action

If a State fails to submit control strategies in accordance

with paragraph (1) or the Administrator does not approve the

control strategies submitted by such State in accordance with

paragraph (1), then, not later than 1 year after the last day of

the period referred to in paragraph (2), the Administrator, in

cooperation with such State and after notice and opportunity for

public comment, shall implement the requirements of paragraph (1)

in such State. In the implementation of such requirements, the

Administrator shall, at a minimum, consider for listing under

this subsection any navigable waters for which any person submits

a petition to the Administrator for listing not later than 120

days after such last day.

(m) Schedule for review of guidelines

(1) Publication

Within 12 months after February 4, 1987, and biennially

thereafter, the Administrator shall publish in the Federal

Register a plan which shall -

(A) establish a schedule for the annual review and revision

of promulgated effluent guidelines, in accordance with

subsection (b) of this section;

(B) identify categories of sources discharging toxic or

nonconventional pollutants for which guidelines under

subsection (b)(2) of this section and section 1316 of this

title have not previously been published; and

(C) establish a schedule for promulgation of effluent

guidelines for categories identified in subparagraph (B), under

which promulgation of such guidelines shall be no later than 4

years after February 4, 1987, for categories identified in the

first published plan or 3 years after the publication of the

plan for categories identified in later published plans.

(2) Public review

The Administrator shall provide for public review and comment

on the plan prior to final publication.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 304, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 850; amended Pub. L.

95-217, Secs. 48-51, 62(b), Dec. 27, 1977, 91 Stat. 1587, 1588,

1598; Pub. L. 97-117, Sec. 23, Dec. 29, 1981, 95 Stat. 1632; Pub.

L. 100-4, title I, Sec. 101(f), title III, Secs. 308(a), (c), (f),

315(c), 316(e), Feb. 4, 1987, 101 Stat. 9, 38-40, 52, 61; Pub. L.

106-284, Sec. 3(b), Oct. 10, 2000, 114 Stat. 871.)

-COD-

CODIFICATION

Section 50 of Pub. L. 95-217 provided in part that, upon the

enactment of subsec. (e) of this section by Pub. L. 95-217 and the

concurrent redesignation of former subsecs. (e) to (j) of this

section as (f) to (k), respectively, all references to former

subsecs. (e) to (j) be changed to (f) to (k), respectively.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(9). Pub. L. 106-284 added par. (9).

1987 - Subsec. (a)(7), (8). Pub. L. 100-4, Sec. 308(c), added

pars. (7) and (8).

Subsec. (j). Pub. L. 100-4, Sec. 315(c), amended subsec. (j)

generally. Prior to amendment, subsec. (j) read as follows: "The

Administrator shall issue information biennially on methods,

procedures, and processes as may be appropriate to restore and

enhance the quality of the Nation's publicly owned freshwater

lakes."

Subsec. (k)(1). Pub. L. 100-4, Sec. 316(e), inserted "and

nonpoint source pollution management programs approved under

section 1329 of this title" before period at end.

Subsec. (k)(3). Pub. L. 100-4, Sec. 101(f), inserted "and such

sums as may be necessary for fiscal years 1984 through 1990" after

"1983".

Subsec. (l). Pub. L. 100-4, Sec. 308(a), added subsec. (l).

Subsec. (m). Pub. L. 100-4, Sec. 308(f), added subsec. (m).

1981 - Subsec. (d)(4). Pub. L. 97-117 added par. (4).

1977 - Subsec. (a)(4) to (6). Pub. L. 95-217, Sec. 48(a), added

pars. (4) to (6).

Subsec. (b)(4). Pub. L. 95-217, Sec. 48(b), added par. (4).

Subsec. (d)(3). Pub. L. 95-217, Sec. 49, added par. (3).

Subsecs. (e) to (i). Pub. L. 95-217, Sec. 50, added subsec. (e)

and redesignated former subsecs. (e) to (h) as (f) to (i),

respectively. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 95-217, Secs. 50, 62(b), redesignated former

subsec. (i) as (j) and substituted "shall issue information

biennially on methods" for "shall, within 270 days after October

18, 1972 (and from time to time thereafter), issue such information

on methods". Former subsec. (j) redesignated (k).

Subsec. (k). Pub. L. 95-217, Secs. 50, 51, redesignated former

subsec. (j) as (k), substituted "The Administrator shall enter into

agreements with the Secretary of Agriculture, the Secretary of the

Army, and the Secretary of the Interior, and the heads of such

other departments, agencies, and instrumentalities of the United

States as the Administrator determines, to provide the maximum

utilization of other Federal laws and programs" for "The

Administrator shall, within six months from October 18, 1972, enter

into agreements with the Secretary of Agriculture, the Secretary of

the Army, and the Secretary of the Interior to provide for the

maximum utilization of the appropriate programs authorized under

other Federal law to be carried out by such Secretaries" in par.

(1), made conforming amendments in par. (2), and in par. (3)

authorized appropriations for fiscal years 1979 through 1983.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, relating to

compliance with this chapter 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(f), 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-

REVIEW OF EFFLUENT GUIDELINES PROMULGATED PRIOR TO DECEMBER 27,

1977

Section 73 of Pub. L. 95-217 directed Administrator, within 90

days after Dec. 27, 1977, to review every effluent guideline

promulgated prior to that date which was final or interim final

(other than those applicable to industrial categories listed in

table 2 of Committee Print Numbered 95-30 of Committee on Public

Works and Transportation of House of Representatives) and which

applied to those pollutants identified pursuant to 33 U.S.C.

1314(a)(4) and, on or before July 1, 1980, to review every

guideline applicable to industrial categories listed in such table

2, authorized Administrator, upon completion of each such review to

make such adjustments in any such guidelines as may be necessary to

carry out 33 U.S.C. 1314(b)(4), directed Administrator to publish

the results of each such review, and provided for judicial review

of Administrator's actions.

-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 1254, 1255, 1281, 1284,

1288, 1292, 1311, 1312, 1313, 1315, 1317, 1322, 1323, 1329, 1342,

1344, 1369, 1376, 2408 of this title; title 42 sections 6925, 9621.

-End-

-CITE-

33 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1315. State reports on water quality

-STATUTE-

(a) Omitted

(b)(1) Each State shall prepare and submit to the Administrator

by April 1, 1975, and shall bring up to date by April 1, 1976, and

biennially thereafter, a report which shall include -

(A) a description of the water quality of all navigable waters

in such State during the preceding year, with appropriate

supplemental descriptions as shall be required to take into

account seasonal, tidal, and other variations, correlated with

the quality of water required by the objective of this chapter

(as identified by the Administrator pursuant to criteria

published under section 1314(a) of this title) and the water

quality described in subparagraph (B) of this paragraph;

(B) an analysis of the extent to which all navigable waters of

such State provide for the protection and propagation of a

balanced population of shellfish, fish, and wildlife, and allow

recreational activities in and on the water;

(C) an analysis of the extent to which the elimination of the

discharge of pollutants and a level of water quality which

provides for the protection and propagation of a balanced

population of shellfish, fish, and wildlife and allows

recreational activities in and on the water, have been or will be

achieved by the requirements of this chapter, together with

recommendations as to additional action necessary to achieve such

objectives and for what waters such additional action is

necessary;

(D) an estimate of (i) the environmental impact, (ii) the

economic and social costs necessary to achieve the objective of

this chapter in such State, (iii) the economic and social

benefits of such achievement, and (iv) an estimate of the date of

such achievement; and

(E) a description of the nature and extent of nonpoint sources

of pollutants, and recommendations as to the programs which must

be undertaken to control each category of such sources, including

an estimate of the costs of implementing such programs.

(2) The Administrator shall transmit such State reports, together

with an analysis thereof, to Congress on or before October 1, 1975,

and October 1, 1976, and biennially thereafter.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 305, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 853; amended Pub. L.

95-217, Sec. 52, Dec. 27, 1977, 91 Stat. 1589.)

-COD-

CODIFICATION

Subsec. (a) authorized the Administrator, in cooperation with the

States and Federal agencies, to prepare a report describing the

specific quality, during 1973, of all navigable waters and waters

of the contiguous zone, including an inventory of all point sources

of discharge of pollutants into these waters, and identifying those

navigable waters capable of supporting fish and wildlife

populations and allowing recreational activities, those which could

reasonably be expected to attain this level by 1977 or 1983, and

those which could attain this level sooner, and submit this report

to Congress on or before Jan. 1, 1974.

-MISC1-

AMENDMENTS

1977 - Subsec. (b)(1). Pub. L. 95-217, Sec. 52(1), substituted

"April 1, 1975, and shall bring up to date by April 1, 1976, and

biennially thereafter" for "January 1, 1975, and shall bring up to

date each year thereafter" in provisions preceding subpar. (A).

Subsec. (b)(2). Pub. L. 95-217, Sec. 52(2), substituted "on or

before October 1, 1975, and October 1, 1976, and biennially

thereafter" for "on or before October 1, 1975, and annually

thereafter".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1284, 1324, 1329, 1369,

1377 of this title.

-End-

-CITE-

33 USC Sec. 1316 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1316. National standards of performance

-STATUTE-

(a) Definitions

For purposes of this section:

(1) The term "standard of performance" means a standard for the

control of the discharge of pollutants which reflect the greatest

degree of effluent reduction which the Administrator determines to

be achievable through application of the best available

demonstrated control technology, processes, operating methods, or

other alternatives, including, where practicable, a standard

permitting no discharge of pollutants.

(2) The term "new source" means any source, the construction of

which is commenced after the publication of proposed regulations

prescribing a standard of performance under this section which will

be applicable to such source, if such standard is thereafter

promulgated in accordance with this section.

(3) The term "source" means any building, structure, facility, or

installation from which there is or may be the discharge of

pollutants.

(4) The term "owner or operator" means any person who owns,

leases, operates, controls, or supervises a source.

(5) The term "construction" means any placement, assembly, or

installation of facilities or equipment (including contractual

obligations to purchase such facilities or equipment) at the

premises where such equipment will be used, including preparation

work at such premises.

(b) Categories of sources; Federal standards of performance for new

sources

(1)(A) The Administrator shall, within ninety days after October

18, 1972, publish (and from time to time thereafter shall revise) a

list of categories of sources, which shall, at the minimum,

include:

pulp and paper mills;

paperboard, builders paper and board mills;

meat product and rendering processing;

dairy product processing;

grain mills;

canned and preserved fruits and vegetables processing;

canned and preserved seafood processing;

sugar processing;

textile mills;

cement manufacturing;

feedlots;

electroplating;

organic chemicals manufacturing;

inorganic chemicals manufacturing;

plastic and synthetic materials manufacturing;

soap and detergent manufacturing;

fertilizer manufacturing;

petroleum refining;

iron and steel manufacturing;

nonferrous metals manufacturing;

phosphate manufacturing;

steam electric powerplants;

ferroalloy manufacturing;

leather tanning and finishing;

glass and asbestos manufacturing;

rubber processing; and

timber products processing.

(B) As soon as practicable, but in no case more than one year,

after a category of sources is included in a list under

subparagraph (A) of this paragraph, the Administrator shall propose

and publish regulations establishing Federal standards of

performance for new sources within such category. The Administrator

shall afford interested persons an opportunity for written comment

on such proposed regulations. After considering such comments, he

shall promulgate, within one hundred and twenty days after

publication of such proposed regulations, such standards with such

adjustments as he deems appropriate. The Administrator shall, from

time to time, as technology and alternatives change, revise such

standards following the procedure required by this subsection for

promulgation of such standards. Standards of performance, or

revisions thereof, shall become effective upon promulgation. In

establishing or revising Federal standards of performance for new

sources under this section, the Administrator shall take into

consideration the cost of achieving such effluent reduction, and

any non-water quality, environmental impact and energy

requirements.

(2) The Administrator may distinguish among classes, types, and

sizes within categories of new sources for the purpose of

establishing such standards and shall consider the type of process

employed (including whether batch or continuous).

(3) The provisions of this section shall apply to any new source

owned or operated by the United States.

(c) State enforcement of standards of performance

Each State may develop and submit to the Administrator a

procedure under State law for applying and enforcing standards of

performance for new sources located in such State. If the

Administrator finds that the procedure and the law of any State

require the application and enforcement of standards of performance

to at least the same extent as required by this section, such State

is authorized to apply and enforce such standards of performance

(except with respect to new sources owned or operated by the United

States).

(d) Protection from more stringent standards

Notwithstanding any other provision of this chapter, any point

source the construction of which is commenced after October 18,

1972, and which is so constructed as to meet all applicable

standards of performance shall not be subject to any more stringent

standard of performance during a ten-year period beginning on the

date of completion of such construction or during the period of

depreciation or amortization of such facility for the purposes of

section 167 or 169 (or both) of title 26 whichever period ends

first.

(e) Illegality of operation of new sources in violation of

applicable standards of performance

After the effective date of standards of performance promulgated

under this section, it shall be unlawful for any owner or operator

of any new source to operate such source in violation of any

standard of performance applicable to such source.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 306, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 854.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1311, 1313, 1314, 1317,

1319, 1323, 1326, 1341, 1342, 1365, 1367, 1369, 1371, 1374 of this

title; title 42 section 6925.

-End-

-CITE-

33 USC Sec. 1317 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1317. Toxic and pretreatment effluent standards

-STATUTE-

(a) Toxic pollutant list; revision; hearing; promulgation of

standards; effective date; consultation

(1) On and after December 27, 1977, the list of toxic pollutants

or combination of pollutants subject to this chapter shall consist

of those toxic pollutants listed in table 1 of Committee Print

Numbered 95-30 of the Committee on Public Works and Transportation

of the House of Representatives, and the Administrator shall

publish, not later than the thirtieth day after December 27, 1977,

that list. From time to time thereafter, the Administrator may

revise such list and the Administrator is authorized to add to or

remove from such list any pollutant. The Administrator in

publishing any revised list, including the addition or removal of

any pollutant from such list, shall take into account toxicity of

the pollutant, its persistence, degradability, the usual or

potential presence of the affected organisms in any waters, the

importance of the affected organisms, and the nature and extent of

the effect of the toxic pollutant on such organisms. A

determination of the Administrator under this paragraph shall be

final except that if, on judicial review, such determination was

based on arbitrary and capricious action of the Administrator, the

Administrator shall make a redetermination.

(2) Each toxic pollutant listed in accordance with paragraph (1)

of this subsection shall be subject to effluent limitations

resulting from the application of the best available technology

economically achievable for the applicable category or class of

point sources established in accordance with sections 1311(b)(2)(A)

and 1314(b)(2) of this title. The Administrator, in his discretion,

may publish in the Federal Register a proposed effluent standard

(which may include a prohibition) establishing requirements for a

toxic pollutant which, if an effluent limitation is applicable to a

class or category of point sources, shall be applicable to such

category or class only if such standard imposes more stringent

requirements. Such published effluent standard (or prohibition)

shall take into account the toxicity of the pollutant, its

persistence, degradability, the usual or potential presence of the

affected organisms in any waters, the importance of the affected

organisms and the nature and extent of the effect of the toxic

pollutant on such organisms, and the extent to which effective

control is being or may be achieved under other regulatory

authority. The Administrator shall allow a period of not less than

sixty days following publication of any such proposed effluent

standard (or prohibition) for written comment by interested persons

on such proposed standard. In addition, if within thirty days of

publication of any such proposed effluent standard (or prohibition)

any interested person so requests, the Administrator shall hold a

public hearing in connection therewith. Such a public hearing shall

provide an opportunity for oral and written presentations, such

cross-examination as the Administrator determines is appropriate on

disputed issues of material fact, and the transcription of a

verbatim record which shall be available to the public. After

consideration of such comments and any information and material

presented at any public hearing held on such proposed standard or

prohibition, the Administrator shall promulgate such standard (or

prohibition) with such modification as the Administrator finds are

justified. Such promulgation by the Administrator shall be made

within two hundred and seventy days after publication of proposed

standard (or prohibition). Such standard (or prohibition) shall be

final except that if, on judicial review, such standard was not

based on substantial evidence, the Administrator shall promulgate a

revised standard. Effluent limitations shall be established in

accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title

for every toxic pollutant referred to in table 1 of Committee Print

Numbered 95-30 of the Committee on Public Works and Transportation

of the House of Representatives as soon as practicable after

December 27, 1977, but no later than July 1, 1980. Such effluent

limitations or effluent standards (or prohibitions) shall be

established for every other toxic pollutant listed under paragraph

(1) of this subsection as soon as practicable after it is so

listed.

(3) Each such effluent standard (or prohibition) shall be

reviewed and, if appropriate, revised at least every three years.

(4) Any effluent standard promulgated under this section shall be

at that level which the Administrator determines provides an ample

margin of safety.

(5) When proposing or promulgating any effluent standard (or

prohibition) under this section, the Administrator shall designate

the category or categories of sources to which the effluent

standard (or prohibition) shall apply. Any disposal of dredged

material may be included in such a category of sources after

consultation with the Secretary of the Army.

(6) Any effluent standard (or prohibition) established pursuant

to this section shall take effect on such date or dates as

specified in the order promulgating such standard, but in no case,

more than one year from the date of such promulgation. If the

Administrator determines that compliance within one year from the

date of promulgation is technologically infeasible for a category

of sources, the Administrator may establish the effective date of

the effluent standard (or prohibition) for such category at the

earliest date upon which compliance can be feasibly attained by

sources within such category, but in no event more than three years

after the date of such promulgation.

(7) Prior to publishing any regulations pursuant to this section

the Administrator shall, to the maximum extent practicable within

the time provided, consult with appropriate advisory committees,

States, independent experts, and Federal departments and agencies.

(b) Pretreatment standards; hearing; promulgation; compliance

period; revision; application to State and local laws

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

after October 18, 1972, and from time to time thereafter, publish

proposed regulations establishing pretreatment standards for

introduction of pollutants into treatment works (as defined in

section 1292 of this title) which are publicly owned for those

pollutants which are determined not to be susceptible to treatment

by such treatment works or which would interfere with the operation

of such treatment works. Not later than ninety days after such

publication, and after opportunity for public hearing, the

Administrator shall promulgate such pretreatment standards.

Pretreatment standards under this subsection shall specify a time

for compliance not to exceed three years from the date of

promulgation and shall be established to prevent the discharge of

any pollutant through treatment works (as defined in section 1292

of this title) which are publicly owned, which pollutant interferes

with, passes through, or otherwise is incompatible with such works.

If, in the case of any toxic pollutant under subsection (a) of this

section introduced by a source into a publicly owned treatment

works, the treatment by such works removes all or any part of such

toxic pollutant and the discharge from such works does not violate

that effluent limitation or standard which would be applicable to

such toxic pollutant if it were discharged by such source other

than through a publicly owned treatment works, and does not prevent

sludge use or disposal by such works in accordance with section

1345 of this title, then the pretreatment requirements for the

sources actually discharging such toxic pollutant into such

publicly owned treatment works may be revised by the owner or

operator of such works to reflect the removal of such toxic

pollutant by such works.

(2) The Administrator shall, from time to time, as control

technology, processes, operating methods, or other alternatives

change, revise such standards following the procedure established

by this subsection for promulgation of such standards.

(3) When proposing or promulgating any pretreatment standard

under this section, the Administrator shall designate the category

or categories of sources to which such standard shall apply.

(4) Nothing in this subsection shall affect any pretreatment

requirement established by any State or local law not in conflict

with any pretreatment standard established under this subsection.

(c) New sources of pollutants into publicly owned treatment works

In order to insure that any source introducing pollutants into a

publicly owned treatment works, which source would be a new source

subject to section 1316 of this title if it were to discharge

pollutants, will not cause a violation of the effluent limitations

established for any such treatment works, the Administrator shall

promulgate pretreatment standards for the category of such sources

simultaneously with the promulgation of standards of performance

under section 1316 of this title for the equivalent category of new

sources. Such pretreatment standards shall prevent the discharge of

any pollutant into such treatment works, which pollutant may

interfere with, pass through, or otherwise be incompatible with

such works.

(d) Operation in violation of standards unlawful

After the effective date of any effluent standard or prohibition

or pretreatment standard promulgated under this section, it shall

be unlawful for any owner or operator of any source to operate any

source in violation of any such effluent standard or prohibition or

pretreatment standard.

(e) Compliance date extension for innovative pretreatment systems

In the case of any existing facility that proposes to comply with

the pretreatment standards of subsection (b) of this section by

applying an innovative system that meets the requirements of

section 1311(k) of this title, the owner or operator of the

publicly owned treatment works receiving the treated effluent from

such facility may extend the date for compliance with the

applicable pretreatment standard established under this section for

a period not to exceed 2 years -

(1) if the Administrator determines that the innovative system

has the potential for industrywide application, and

(2) if the Administrator (or the State in consultation with the

Administrator, in any case in which the State has a pretreatment

program approved by the Administrator) -

(A) determines that the proposed extension will not cause the

publicly owned treatment works to be in violation of its permit

under section 1342 of this title or of section 1345 of this

title or to contribute to such a violation, and

(B) concurs with the proposed extension.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 307, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 856; amended Pub. L.

95-217, Secs. 53(a), (b), 54(a), Dec. 27, 1977, 91 Stat. 1589-1591;

Pub. L. 100-4, title III, Sec. 309(a), Feb. 4, 1987, 101 Stat. 41.)

-MISC1-

AMENDMENTS

1987 - Subsec. (e). Pub. L. 100-4 added subsec. (e).

1977 - Subsec. (a)(1). Pub. L. 95-217, Sec. 53(a), substituted

"On and after December 27, 1977, the list of toxic pollutants or

combination of pollutants subject to this chapter shall consist of

those toxic pollutants listed in table 1 of Committee Print

Numbered 95-30 of the Committee on Public Works and Transportation

of the House of Representatives, and the Administrator shall

publish, not later than the thirtieth day after December 27, 1977,

that list" for "The Administrator shall, within ninety days after

October 18, 1972, publish (and from time to time thereafter revise)

a list which includes any toxic pollutant or combination of such

pollutants for which an effluent standard (which may include a

prohibition of the discharge of such pollutants or combination of

such pollutants) will be established under this section" and

inserted provision for the revision of the list and for the

finality of the Administrator's determination except when that

determination is arbitrary and capricious.

Subsec. (a)(2). Pub. L. 95-217, Sec. 53(a), expanded provisions

covering effluent limitations and the establishment of effluent

standards (or prohibitions), introduced provisions relating to the

application of the best available technology economically

achievable for the applicable category or class of point sources

established in accordance with sections 1311(b)(2)(A) and

1314(b)(2) of this title, inserted provision that published

effluent standards take into account the extent to which effective

control is being or may be achieved under other regulatory

authority, inserted provision for a sixty day minimum period

following publication of proposed effluent standards for written

comment, substituted two hundred and seventy days for six months as

the period following publication of proposed standards during which

period standards (or prohibitions) must be promulgated, and

inserted provision for the finality of effluent limitations (or

prohibitions) except if, on judicial review, the standard was not

based on substantial evidence.

Subsec. (a)(3). Pub. L. 95-217, Sec. 53(a), struck out provision

for the immediate promulgation of revised effluent standards (or

prohibitions) for pollutants or combinations of pollutants if,

after public hearings, the Administrator found that a modification

of such proposed standards (or prohibitions) was justified. See

subsec. (a)(2) of this section.

Subsec. (a)(6). Pub. L. 95-217, Sec. 53(b), inserted provision

that if the Administrator determines that compliance with effluent

standards (or prohibitions) within one year from the date of

promulgation is technologically infeasible for a category of

sources, the Administrator may establish the effective date of the

effluent standard (or prohibition) for that category at the

earliest date upon which compliance can be feasibly attained by

sources within such category, but in no event more than three years

after the date of such promulgation.

Subsec. (b)(1). Pub. L. 95-217, Sec. 54(a), inserted provision

that if, in the case of any toxic pollutant under subsection (a) of

this section introduced by a source into a publicly owned treatment

works, the treatment by the works removes all or any part of the

toxic pollutant and the discharge from the works does not violate

that effluent limitation or standard which would be applicable to

the toxic pollutant if it were discharged by the source other than

through a publicly owned treatment works, and does not prevent

sludge use or disposal by the works in accordance with section 1345

of this title, then the pretreatment requirements for the sources

actually discharging the toxic pollutant into the publicly owned

treatment works may be revised by the owner or operator of the

works to reflect the removal of the toxic pollutant by the works.

-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-

INCREASE IN EPA EMPLOYEES

Section 309(b) of Pub. L. 100-4 provided that: "The Administrator

shall take such actions as may be necessary to increase the number

of employees of the Environmental Protection Agency in order to

effectively implement pretreatment requirements under section 307

of the Federal Water Pollution Control Act [33 U.S.C. 1317]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1288, 1311, 1313, 1314,

1319, 1323, 1341, 1342, 1344, 1365, 1367, 1369, 1374 of this title;

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

-End-

-CITE-

33 USC Sec. 1318 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1318. Records and reports; inspections

-STATUTE-

(a) Maintenance; monitoring equipment; entry; access to information

Whenever required to carry out the objective of this chapter,

including but not limited to (1) developing or assisting in the

development of any effluent limitation, or other limitation,

prohibition, or effluent standard, pretreatment standard, or

standard of performance under this chapter; (2) determining whether

any person is in violation of any such effluent limitation, or

other limitation, prohibition or effluent standard, pretreatment

standard, or standard of performance; (3) any requirement

established under this section; or (4) carrying out sections 1315,

1321, 1342, 1344 (relating to State permit programs), 1345, and

1364 of this title -

(A) the Administrator shall require the owner or operator of

any point source to (i) establish and maintain such records, (ii)

make such reports, (iii) install, use, and maintain such

monitoring equipment or methods (including where appropriate,

biological monitoring methods), (iv) sample such effluents (in

accordance with such methods, at such locations, at such

intervals, and in such manner as the Administrator shall

prescribe), and (v) provide such other information as he may

reasonably require; and

(B) the Administrator or his authorized representative

(including an authorized contractor acting as a representative of

the Administrator), upon presentation of his credentials -

(i) shall have a right of entry to, upon, or through any

premises in which an effluent source is located or in which any

records required to be maintained under clause (A) of this

subsection are located, and

(ii) may at reasonable times have access to and copy any

records, inspect any monitoring equipment or method required

under clause (A), and sample any effluents which the owner or

operator of such source is required to sample under such

clause.

(b) Availability to public; trade secrets exception; penalty for

disclosure of confidential information

Any records, reports, or information obtained under this section

(1) shall, in the case of effluent data, be related to any

applicable effluent limitations, toxic, pretreatment, or new source

performance standards, and (2) shall be available to the public,

except that upon a showing satisfactory to the Administrator by any

person that records, reports, or information, or particular part

thereof (other than effluent data), to which the Administrator has

access under this section, if made public would divulge methods or

processes entitled to protection as trade secrets of such person,

the Administrator shall consider such record, report, or

information, or particular portion thereof confidential in

accordance with the purposes of section 1905 of title 18. Any

authorized representative of the Administrator (including an

authorized contractor acting as a representative of the

Administrator) who knowingly or willfully publishes, divulges,

discloses, or makes known in any manner or to any extent not

authorized by law any information which is required to be

considered confidential under this subsection shall be fined not

more than $1,000 or imprisoned not more than 1 year, or both.

Nothing in this subsection shall prohibit the Administrator or an

authorized representative of the Administrator (including any

authorized contractor acting as a representative of the

Administrator) from disclosing records, reports, or information 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.

(c) Application of State law

Each State may develop and submit to the Administrator procedures

under State law for inspection, monitoring, and entry with respect

to point sources located in such State. If the Administrator finds

that the procedures and the law of any State relating to

inspection, monitoring, and entry are applicable to at least the

same extent as those required by this section, such State is

authorized to apply and enforce its procedures for inspection,

monitoring, and entry with respect to point sources located in such

State (except with respect to point sources owned or operated by

the United States).

(d) Access by Congress

Notwithstanding any limitation contained in this section or any

other provision of law, all information reported to or otherwise

obtained by the Administrator (or any representative of the

Administrator) under this chapter shall be made available, upon

written request of any duly authorized committee of Congress, to

such committee.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 308, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 858; amended Pub. L.

95-217, Sec. 67(c)(1), Dec. 27, 1977, 91 Stat. 1606; Pub. L. 100-4,

title III, Sec. 310, title IV, Sec. 406(d)(1), Feb. 4, 1987, 101

Stat. 41, 73.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-4, Sec. 406(d)(1), substituted

"1345, and 1364" for "and 1364" in cl. (4).

Subsec. (a)(B). Pub. L. 100-4, Sec. 310(a)(2), inserted

"(including an authorized contractor acting as a representative of

the Administrator)" after "representative".

Subsec. (b). Pub. L. 100-4, Sec. 310(a)(1), substituted a period

and "Any authorized representative of the Administrator (including

an authorized contractor acting as a representative of the

Administrator) who knowingly or willfully publishes, divulges,

discloses, or makes known in any manner or to any extent not

authorized by law any information which is required to be

considered confidential under this subsection shall be fined not

more than $1,000 or imprisoned not more than 1 year, or both.

Nothing in this subsection shall prohibit the Administrator or an

authorized representative of the Administrator (including any

authorized contractor acting as a representative of the

Administrator) from disclosing records, reports, or information 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." for ", except that

such record, report, 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."

Subsec. (d). Pub. L. 100-4, Sec. 310(b), added subsec. (d).

1977 - Subsec. (a)(4). Pub. L. 95-217 inserted "1344 (relating to

State permit programs)," after "sections 1315, 1321, 1342," in

provisions preceding subpar. (A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1319, 1321, 1342, 1344,

1377 of this title; title 42 sections 7412, 9606.

-End-

-CITE-

33 USC Sec. 1319 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1319. Enforcement

-STATUTE-

(a) State enforcement; compliance orders

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

the Administrator finds that any person is in violation of any

condition or limitation which implements section 1311, 1312, 1316,

1317, 1318, 1328, or 1345 of this title in a permit issued by a

State under an approved permit program under section 1342 or 1344

of this title he shall proceed under his authority in paragraph (3)

of this subsection or he shall notify the person in alleged

violation and such State of such finding. If beyond the thirtieth

day after the Administrator's notification the State has not

commenced appropriate enforcement action, the Administrator shall

issue an order requiring such person to comply with such condition

or limitation or shall bring a civil action in accordance with

subsection (b) of this section.

(2) Whenever, on the basis of information available to him, the

Administrator finds that violations of permit conditions or

limitations as set forth in paragraph (1) of this subsection are so

widespread that such violations appear to result from a failure of

the State to enforce such permit conditions or limitations

effectively, he shall so notify the State. If the Administrator

finds such failure extends beyond the thirtieth day after such

notice, he shall give public notice of such finding. During the

period beginning with such public notice and ending when such State

satisfies the Administrator that it will enforce such conditions

and limitations (hereafter referred to in this section as the

period of "federally assumed enforcement"), except where an

extension has been granted under paragraph (5)(B) of this

subsection, the Administrator shall enforce any permit condition or

limitation with respect to any person -

(A) by issuing an order to comply with such condition or

limitation, or

(B) by bringing a civil action under subsection (b) of this

section.

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

Administrator finds that any person is in violation of section

1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title, or is in

violation of any permit condition or limitation implementing any of

such sections in a permit issued under section 1342 of this title

by him or by a State or in a permit issued under section 1344 of

this title by a State, he shall issue an order requiring such

person to comply with such section or requirement, or he shall

bring a civil action in accordance with subsection (b) of this

section.

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

sent immediately by the Administrator to the State in which the

violation occurs and other affected States. In any case in which an

order under this subsection (or notice to a violator under

paragraph (1) of this subsection) is issued to a corporation, a

copy of such order (or notice) shall be served on any appropriate

corporate officers. An order issued under this subsection relating

to a violation of section 1318 of this title shall not take effect

until the person to whom it is issued has had an opportunity to

confer with the Administrator concerning the alleged violation.

(5)(A) Any order issued under this subsection shall be by

personal service, shall state with reasonable specificity the

nature of the violation, and shall specify a time for compliance

not to exceed thirty days in the case of a violation of an interim

compliance schedule or operation and maintenance requirement and

not to exceed a time the Administrator determines to be reasonable

in the case of a violation of a final deadline, taking into account

the seriousness of the violation and any good faith efforts to

comply with applicable requirements.

(B) The Administrator may, if he determines (i) that any person

who is a violator of, or any person who is otherwise not in

compliance with, the time requirements under this chapter or in any

permit issued under this chapter, has acted in good faith, and has

made a commitment (in the form of contracts or other securities) of

necessary resources to achieve compliance by the earliest possible

date after July 1, 1977, but not later than April 1, 1979; (ii)

that any extension under this provision will not result in the

imposition of any additional controls on any other point or

nonpoint source; (iii) that an application for a permit under

section 1342 of this title was filed for such person prior to

December 31, 1974; and (iv) that the facilities necessary for

compliance with such requirements are under construction, grant an

extension of the date referred to in section 1311(b)(1)(A) of this

title to a date which will achieve compliance at the earliest time

possible but not later than April 1, 1979.

(6) Whenever, on the basis of information available to him, the

Administrator finds (A) that any person is in violation of section

1311(b)(1)(A) or (C) of this title, (B) that such person cannot

meet the requirements for a time extension under section 1311(i)(2)

of this title, and (C) that the most expeditious and appropriate

means of compliance with this chapter by such person is to

discharge into a publicly owned treatment works, then, upon request

of such person, the Administrator may issue an order requiring such

person to comply with this chapter at the earliest date

practicable, but not later than July 1, 1983, by discharging into a

publicly owned treatment works if such works concur with such

order. Such order shall include a schedule of compliance.

(b) Civil actions

The Administrator is authorized to commence a civil action for

appropriate relief, including a permanent or temporary injunction,

for any violation for which he is authorized to issue a compliance

order under subsection (a) of this section. Any action under this

subsection may be brought in the district court of the 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 action shall be given

immediately to the appropriate State.

(c) Criminal penalties

(1) Negligent violations

Any person who -

(A) negligently violates section 1311, 1312, 1316, 1317,

1318, 1321(b)(3), 1328, or 1345 of this title, or any permit

condition or limitation implementing any of such sections in a

permit issued under section 1342 of this title by the

Administrator or by a State, or any requirement imposed in a

pretreatment program approved under section 1342(a)(3) or

1342(b)(8) of this title or in a permit issued under section

1344 of this title by the Secretary of the Army or by a State;

or

(B) negligently introduces into a sewer system or into a

publicly owned treatment works any pollutant or hazardous

substance which such person knew or reasonably should have

known could cause personal injury or property damage or, other

than in compliance with all applicable Federal, State, or local

requirements or permits, which causes such treatment works to

violate any effluent limitation or condition in any permit

issued to the treatment works under section 1342 of this title

by the Administrator or a State;

shall be punished by a fine of not less than $2,500 nor more than

$25,000 per day of violation, or by imprisonment for not more

than 1 year, or by both. If a conviction of a person is for a

violation committed after a first conviction of such person under

this paragraph, punishment shall be by a fine of not more than

$50,000 per day of violation, or by imprisonment of not more than

2 years, or by both.

(2) Knowing violations

Any person who -

(A) knowingly violates section 1311, 1312, 1316, 1317, 1318,

1321(b)(3), 1328, or 1345 of this title, or any permit

condition or limitation implementing any of such sections in a

permit issued under section 1342 of this title by the

Administrator or by a State, or any requirement imposed in a

pretreatment program approved under section 1342(a)(3) or

1342(b)(8) of this title or in a permit issued under section

1344 of this title by the Secretary of the Army or by a State;

or

(B) knowingly introduces into a sewer system or into a

publicly owned treatment works any pollutant or hazardous

substance which such person knew or reasonably should have

known could cause personal injury or property damage or, other

than in compliance with all applicable Federal, State, or local

requirements or permits, which causes such treatment works to

violate any effluent limitation or condition in a permit issued

to the treatment works under section 1342 of this title by the

Administrator or a State;

shall be punished by a fine of not less than $5,000 nor more than

$50,000 per day of violation, or by imprisonment for not more

than 3 years, or by both. If a conviction of a person is for a

violation committed after a first conviction of such person under

this paragraph, punishment shall be by a fine of not more than

$100,000 per day of violation, or by imprisonment of not more

than 6 years, or by both.

(3) Knowing endangerment

(A) General rule

Any person who knowingly violates section 1311, 1312, 1313,

1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this title, or

any permit condition or limitation implementing any of such

sections in a permit issued under section 1342 of this title by

the Administrator or by a State, or in a permit issued under

section 1344 of this title by the Secretary of the Army or by a

State, and who knows at that time that he thereby places

another person in imminent danger of death or serious bodily

injury, shall, upon conviction, be subject to a fine of not

more than $250,000 or imprisonment of not more than 15 years,

or both. A person which is an organization shall, upon

conviction of violating this subparagraph, be subject to a fine

of not more than $1,000,000. If a conviction of a person is for

a violation committed after a first conviction of such person

under this paragraph, the maximum punishment shall be doubled

with respect to both fine and imprisonment.

(B) Additional provisions

For the purpose of subparagraph (A) of this paragraph -

(i) in determining whether a defendant who is an individual

knew that his conduct placed another person in imminent

danger of death or serious bodily injury -

(I) the person is responsible only for actual awareness

or actual belief that he possessed; and

(II) knowledge possessed by a person other than the

defendant but not by the defendant himself may not be

attributed to the defendant;

except that in proving the defendant's possession of actual

knowledge, circumstantial evidence may be used, including

evidence that the defendant took affirmative steps to shield

himself from relevant information;

(ii) it is an affirmative defense to prosecution that the

conduct charged was consented to by the person endangered and

that the danger and conduct charged were reasonably

foreseeable hazards of -

(I) an occupation, a business, or a profession; or

(II) medical treatment or medical or scientific

experimentation conducted by professionally approved

methods and such other person had been made aware of the

risks involved prior to giving consent;

and such defense may be established under this subparagraph

by a preponderance of the evidence;

(iii) the term "organization" means a legal entity, other

than a government, established or organized for any purpose,

and such term includes a corporation, company, association,

firm, partnership, joint stock company, foundation,

institution, trust, society, union, or any other association

of persons; and

(iv) the term "serious bodily injury" means bodily injury

which involves a substantial risk of death, unconsciousness,

extreme physical pain, protracted and obvious disfigurement,

or protracted loss or impairment of the function of a bodily

member, organ, or mental faculty.

(4) False statements

Any person who knowingly makes any false material statement,

representation, or certification in any application, record,

report, plan, or other document filed or required to be

maintained under this chapter or who knowingly falsifies, tampers

with, or renders inaccurate any monitoring device or method

required to be maintained under this chapter, shall upon

conviction, be punished by a fine of not more than $10,000, or by

imprisonment for not more than 2 years, or by both. If a

conviction of a person is for a violation committed after a first

conviction of such person under this paragraph, punishment shall

be by a fine of not more than $20,000 per day of violation, or by

imprisonment of not more than 4 years, or by both.

(5) Treatment of single operational upset

For purposes of this subsection, a single operational upset

which leads to simultaneous violations of more than one pollutant

parameter shall be treated as a single violation.

(6) Responsible corporate officer as "person"

For the purpose of this subsection, the term "person" means, in

addition to the definition contained in section 1362(5) of this

title, any responsible corporate officer.

(7) Hazardous substance defined

For the purpose of this subsection, the term "hazardous

substance" means (A) any substance designated pursuant to section

1321(b)(2)(A) of this title, (B) any element, compound, mixture,

solution, or substance designated pursuant to section 9602 of

title 42, (C) any hazardous waste having the characteristics

identified under or listed pursuant to section 3001 of the Solid

Waste Disposal Act [42 U.S.C. 6921] (but not including any waste

the regulation of which under the Solid Waste Disposal Act [42

U.S.C. 6901 et seq.] has been suspended by Act of Congress), (D)

any toxic pollutant listed under section 1317(a) of this title,

and (E) any imminently hazardous chemical substance or mixture

with respect to which the Administrator has taken action pursuant

to section 2606 of title 15.

(d) Civil penalties; factors considered in determining amount

Any person who violates section 1311, 1312, 1316, 1317, 1318,

1328, or 1345 of this title, or any permit condition or limitation

implementing any of such sections in a permit issued under section

1342 of this title by the Administrator, or by a State, or in a

permit issued under section 1344 of this title by a State,,(!1) or

any requirement imposed in a pretreatment program approved under

section 1342(a)(3) or 1342(b)(8) of this title, and any person who

violates any order issued by the Administrator under subsection (a)

of this section, shall be subject to a civil penalty not to exceed

$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. For purposes of this subsection, a single

operational upset which leads to simultaneous violations of more

than one pollutant parameter shall be treated as a single

violation.

(e) State liability for judgments and expenses

Whenever a municipality is a party to a civil action brought by

the United States under this section, the State in which such

municipality is located shall be joined as a party. Such State

shall be liable for payment of any judgment, or any expenses

incurred as a result of complying with any judgment, entered

against the municipality in such action to the extent that the laws

of that State prevent the municipality from raising revenues needed

to comply with such judgment.

(f) Wrongful introduction of pollutant into treatment works

Whenever, on the basis of any information available to him, the

Administrator finds that an owner or operator of any source is

introducing a pollutant into a treatment works in violation of

subsection (d) of section 1317 of this title, the Administrator may

notify the owner or operator of such treatment works and the State

of such violation. If the owner or operator of the treatment works

does not commence appropriate enforcement action within 30 days of

the date of such notification, the Administrator may commence a

civil action for appropriate relief, including but not limited to,

a permanent or temporary injunction, against the owner or operator

of such treatment works. In any such civil action the Administrator

shall join the owner or operator of such source as a party to the

action. Such action shall be brought in the district court of the

United States in the district in which the treatment works is

located. Such court shall have jurisdiction to restrain such

violation and to require the owner or operator of the treatment

works and the owner or operator of the source to take such action

as may be necessary to come into compliance with this chapter.

Notice of commencement of any such action shall be given to the

State. Nothing in this subsection shall be construed to limit or

prohibit any other authority the Administrator may have under this

chapter.

(g) Administrative penalties

(1) Violations

Whenever on the basis of any information available -

(A) the Administrator finds that any person has violated

section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this

title, or has violated any permit condition or limitation

implementing any of such sections in a permit issued under

section 1342 of this title by the Administrator or by a State,

or in a permit issued under section 1344 of this title by a

State, or

(B) the Secretary of the Army (hereinafter in this subsection

referred to as the "Secretary") finds that any person has

violated any permit condition or limitation in a permit issued

under section 1344 of this title by the Secretary,

the Administrator or Secretary, as the case may be, may, after

consultation with the State in which the violation occurs, assess

a class I civil penalty or a class II civil penalty under this

subsection.

(2) Classes of penalties

(A) Class I

The amount of a class I civil penalty under paragraph (1) may

not exceed $10,000 per violation, except that the maximum

amount of any class I civil penalty under this subparagraph

shall not exceed $25,000. Before issuing an order assessing a

civil penalty under this subparagraph, the Administrator or the

Secretary, as the case may be, shall give to the person to be

assessed such penalty written notice of the Administrator's or

Secretary's proposal to issue such order and the opportunity to

request, within 30 days of the date the notice is received by

such person, a hearing on the proposed order. Such hearing

shall not be subject to section 554 or 556 of title 5, but

shall provide a reasonable opportunity to be heard and to

present evidence.

(B) Class II

The amount of a class II civil penalty under paragraph (1)

may not exceed $10,000 per day for each day during which the

violation continues; except that the maximum amount of any

class II civil penalty under this subparagraph shall not exceed

$125,000. Except as otherwise provided in this subsection, a

class II civil penalty shall be assessed and collected in the

same manner, and subject to the same provisions, as in the case

of civil penalties assessed and collected after notice and

opportunity for a hearing on the record in accordance with

section 554 of title 5. The Administrator and the Secretary may

issue rules for discovery procedures for hearings under this

subparagraph.

(3) Determining amount

In determining the amount of any penalty assessed under this

subsection, the Administrator or the Secretary, as the case may

be, shall take into account the nature, circumstances, extent and

gravity of the violation, or violations, and, with respect to the

violator, ability to pay, any prior history of such violations,

the degree of culpability, economic benefit or savings (if any)

resulting from the violation, and such other matters as justice

may require. For purposes of this subsection, a single

operational upset which leads to simultaneous violations of more

than one pollutant parameter shall be treated as a single

violation.

(4) Rights of interested persons

(A) Public notice

Before issuing an order assessing a civil penalty under this

subsection the Administrator or Secretary, as the case may be,

shall provide public notice of and reasonable opportunity to

comment on the proposed issuance of such order.

(B) Presentation of evidence

Any person who comments on a proposed assessment of a penalty

under this subsection shall be given notice of any hearing held

under this subsection and of the order assessing such penalty.

In any hearing held under this subsection, such person shall

have a reasonable opportunity to be heard and to present

evidence.

(C) Rights of interested persons to a hearing

If no hearing is held under paragraph (2) before issuance of

an order assessing a penalty under this subsection, any person

who commented on the proposed assessment may petition, within

30 days after the issuance of such order, the Administrator or

Secretary, as the case may be, to set aside such order and to

provide a hearing on the penalty. If the evidence presented by

the petitioner in support of the petition is material and was

not considered in the issuance of the order, the Administrator

or Secretary shall immediately set aside such order and provide

a hearing in accordance with paragraph (2)(A) in the case of a

class I civil penalty and paragraph (2)(B) in the case of a

class II civil penalty. If the Administrator or Secretary

denies a hearing under this subparagraph, the Administrator or

Secretary shall provide to the petitioner, and publish in the

Federal Register, notice of and the reasons for such denial.

(5) Finality of order

An order issued under this subsection shall become final 30

days after its issuance unless a petition for judicial review is

filed under paragraph (8) or a hearing is requested under

paragraph (4)(C). If such a hearing is denied, such order shall

become final 30 days after such denial.

(6) Effect of order

(A) Limitation on actions under other sections

Action taken by the Administrator or the Secretary, as the

case may be, under this subsection shall not affect or limit

the Administrator's or Secretary's authority to enforce any

provision of this chapter; except that any violation -

(i) with respect to which the Administrator or the

Secretary has commenced and is diligently prosecuting an

action under this subsection,

(ii) with respect to which a State has commenced and is

diligently prosecuting an action under a State law comparable

to this subsection, or

(iii) for which the Administrator, the Secretary, or the

State has issued a final order not subject to further

judicial review and the violator has paid a penalty assessed

under this subsection, or such comparable State law, as the

case may be,

shall not be the subject of a civil penalty action under

subsection (d) of this section or section 1321(b) of this title

or section 1365 of this title.

(B) Applicability of limitation with respect to citizen suits

The limitations contained in subparagraph (A) on civil

penalty actions under section 1365 of this title shall not

apply with respect to any violation for which -

(i) a civil action under section 1365(a)(1) of this title

has been filed prior to commencement of an action under this

subsection, or

(ii) notice of an alleged violation of section 1365(a)(1)

of this title has been given in accordance with section

1365(b)(1)(A) of this title prior to commencement of an

action under this subsection and an action under section

1365(a)(1) of this title with respect to such alleged

violation is filed before the 120th day after the date on

which such notice is given.

(7) Effect of action on compliance

No action by the Administrator or the Secretary under this

subsection shall affect any person's obligation to comply with

any section of this chapter or with the terms and conditions of

any permit issued pursuant to section 1342 or 1344 of this title.

(8) Judicial review

Any person against whom a civil penalty is assessed under this

subsection or who commented on the proposed assessment of such

penalty in accordance with paragraph (4) may obtain review of

such assessment -

(A) in the case of assessment of a class I civil penalty, in

the United States District Court for the District of Columbia

or in the district in which the violation is alleged to have

occurred, or

(B) in the case of assessment of a class II civil penalty, in

United States Court of Appeals for the District of Columbia

Circuit or for any other circuit in which such person resides

or transacts business,

by filing a notice of appeal in such court within the 30-day

period beginning on the date the civil penalty order is issued

and by simultaneously sending a copy of such notice by certified

mail to the Administrator or the Secretary, as the case may be,

and the Attorney General. The Administrator or the Secretary

shall promptly file in such court a certified copy of the record

on which the order was issued. Such court shall not set aside or

remand such order unless there is not substantial evidence in the

record, taken as a whole, to support the finding of a violation

or unless the Administrator's or Secretary's assessment of the

penalty constitutes an abuse of discretion and shall not impose

additional civil penalties for the same violation unless the

Administrator's or Secretary's assessment of the penalty

constitutes an abuse of discretion.

(9) Collection

If any person fails to pay an assessment of a civil penalty -

(A) after the order making the assessment has become final,

or

(B) after a court in an action brought under paragraph (8)

has entered a final judgment in favor of the Administrator or

the Secretary, as the case may be,

the Administrator or the Secretary shall request the Attorney

General to bring a civil action in an appropriate district court

to recover the amount assessed (plus interest at currently

prevailing rates from the date of the final order or the date of

the final judgment, as the case may be). In such an action, the

validity, amount, and appropriateness of such penalty shall not

be subject to review. Any person who fails to pay on a timely

basis the amount of an assessment of a civil penalty as described

in the first sentence of this paragraph shall be required to pay,

in addition to such amount and interest, attorneys fees and costs

for collection proceedings and a quarterly nonpayment penalty for

each quarter during which such failure to pay persists. Such

nonpayment penalty shall be in an amount equal to 20 percent of

the aggregate amount of such person's penalties and nonpayment

penalties which are unpaid as of the beginning of such quarter.

(10) Subpoenas

The Administrator or Secretary, as the case may be, may issue

subpoenas for the attendance and testimony of witnesses and the

production of relevant papers, books, or documents in connection

with hearings under this subsection. In case of contumacy or

refusal to obey a subpoena issued pursuant to this paragraph and

served upon any person, the district court of the United States

for any district in which such person is found, resides, or

transacts business, upon 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 administrative law judge or to appear and produce documents

before the administrative law judge, or both, and any failure to

obey such order of the court may be punished by such court as a

contempt thereof.

(11) Protection of existing procedures

Nothing in this subsection shall change the procedures existing

on the day before February 4, 1987, under other subsections of

this section for issuance and enforcement of orders by the

Administrator.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 309, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 859; amended Pub. L.

95-217, Secs. 54(b), 55, 56, 67(c)(2), Dec. 27, 1977, 91 Stat.

1591, 1592, 1606; Pub. L. 100-4, title III, Secs. 312, 313(a)(1),

(b)(1), (c), 314(a), Feb. 4, 1987, 101 Stat. 42, 45, 46; Pub. L.

101-380, title IV, Sec. 4301(c), Aug. 18, 1990, 104 Stat. 537.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (c)(7), 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,

which is classified generally to chapter 82 (Sec. 6901 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 6901 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1990 - Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101-380

inserted "1321(b)(3)," after "1318,".

1987 - Subsec. (c). Pub. L. 100-4, Sec. 312, amended subsec. (c)

generally, revising provisions of par. (1), adding pars. (2), (3),

(5), and (7), redesignating former pars. (2) and (4) as (3) and

(6), respectively, and revising provisions of redesignated par.

(4).

Subsec. (d). Pub. L. 100-4, Sec. 313(a)(1), inserted ", or any

requirement imposed in a pretreatment program approved under

section 1342(a)(3) or 1342(b)(8) of this title," after second

reference to "State,".

Pub. L. 100-4, Sec. 313(b)(1), substituted "$25,000 per day for

each violation" for "$10,000 per day of such violation".

Pub. L. 100-4, Sec. 313(c), inserted at end "In determining the

amount of a civil penalty the court shall consider the seriousness

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

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

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

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

matters as justice may require. For purposes of this subsection, a

single operational upset which leads to simultaneous violations of

more than one pollutant parameter shall be treated as a single

violation."

Subsec. (g). Pub. L. 100-4, Sec. 314(a), added subsec. (g).

1977 - Subsec. (a)(1). Pub. L. 95-217, Secs. 55(a), 67(c)(2)(A),

substituted "1318, 1328, or 1345 of this title" for "or 1318 of

this title" and "1342 or 1344 of this title" for "1342 of this

title".

Subsec. (a)(2). Pub. L. 95-217, Sec. 56(a), substituted "except

where an extension has been granted under paragraph (5)(B) of this

subsection, the Administrator shall enforce any permit condition or

limitation" for "the Administrator shall enforce any permit

condition or limitation".

Subsec. (a)(3). Pub. L. 95-217, Secs. 55(b), 67(c)(2)(B),

substituted "1318, 1328, or 1345 of this title" for "or 1318 of

this title" and inserted "or in a permit issued under section 1344

of this title by a State" after "in a permit issued under section

1342 of this title by him or by a State".

Subsec. (a)(4). Pub. L. 95-217, Sec. 56(b), struck out provision

that any order issued under this subsection had to be by personal

service and had to state with reasonable specificity the nature of

the violation and a time for compliance, not to exceed thirty days,

which the Administrator determined to be reasonable, taking into

account the seriousness of the violation and any good faith efforts

to comply with applicable requirements. See section subsec. (a)(5)

of this section.

Subsec. (a)(5), (6). Pub. L. 95-217, Sec. 56(c), added pars. (5)

and (6).

Subsec. (c)(1). Pub. L. 95-217, Sec. 67(c)(2)(C), substituted "by

a State or in a permit issued under section 1344 of this title by a

State, shall be punished" for "by a State, shall be punished".

Subsec. (d). Pub. L. 95-217, Secs. 55(c), 67(c)(2)(D),

substituted "1318, 1328, or 1345 of this title" for "or 1318 of

this title" and inserted "or in a permit issued under section 1344

of this title by a State," after "permit issued under section 1342

of this title by the Administrator, or by a State,".

Subsec. (f). Pub. L. 95-217, Sec. 54(b), added subsec. (f).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of this title.

SAVINGS PROVISION

Section 313(a)(2) of Pub. L. 100-4 provided that: "No State shall

be required before July 1, 1988, to modify a permit program

approved or submitted under section 402 of the Federal Water

Pollution Control Act [33 U.S.C. 1342] as a result of the amendment

made by paragraph (1) [amending this section]."

DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND

Penalties paid pursuant to subsection (c) of this section and

sections 1321 and 1501 et seq. of this title to be deposited in the

Oil Spill Liability Trust Fund created under section 9509 of Title

26, Internal Revenue Code, see section 4304 of Pub. L. 101-380, set

out as a note under section 9509 of Title 26.

INCREASED PENALTIES NOT REQUIRED UNDER STATE PROGRAMS

Section 313(b)(2) of Pub. L. 100-4 provided that: "The Federal

Water Pollution Control Act [33 U.S.C. 1251 et seq.] shall not be

construed as requiring a State to have a civil penalty for

violations described in section 309(d) of such Act [33 U.S.C.

1319(d)] which has the same monetary amount as the civil penalty

established by such section, as amended by paragraph (1) [amending

this section]. Nothing in this paragraph shall affect the

Administrator's authority to establish or adjust by regulation a

minimum acceptable State civil penalty.

ACTIONS BY SURGEON GENERAL RELATING TO INTERSTATE POLLUTION

Act July 9, 1956, ch. 518, Sec. 5, 70 Stat. 507, provided that

actions by the Surgeon General with respect to water pollutants

under section 2(d) of act June 30, 1948, ch. 758, 62 Stat. 1155, as

in effect prior to July 9, 1956, which had been completed prior to

such date, would still be subject to the terms of section 2(d) of

act June 30, 1948, in effect prior to the July 9, 1956 amendment,

but that actions with respect to such pollutants would nevertheless

subsequently be possible in accordance with the terms of act June

30, 1948, as amended by act July 9, 1956.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1256, 1321, 1342, 1344,

1365, 1368, 1377 of this title; title 26 section 9509; title 42

sections 7412, 9606, 9607.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

33 USC Sec. 1320 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1320. International pollution abatement

-STATUTE-

(a) Hearing; participation by foreign nations

Whenever the Administrator, upon receipts of reports, surveys, or

studies from any duly constituted international agency, has reason

to believe that pollution is occurring which endangers the health

or welfare of persons in a foreign country, and the Secretary of

State requests him to abate such pollution, he shall give formal

notification thereof to the State water pollution control agency of

the State or States in which such discharge or discharges originate

and to the appropriate interstate agency, if any. He shall also

promptly call such a hearing, if he believes that such pollution is

occurring in sufficient quantity to warrant such action, and if

such foreign country has given the United States essentially the

same rights with respect to the prevention and control of pollution

occurring in that country as is given that country by this

subsection. The Administrator, through the Secretary of State,

shall invite the foreign country which may be adversely affected by

the pollution to attend and participate in the hearing, and the

representative of such country shall, for the purpose of the

hearing and any further proceeding resulting from such hearing,

have all the rights of a State water pollution control agency.

Nothing in this subsection shall be construed to modify, amend,

repeal, or otherwise affect the provisions of the 1909 Boundary

Waters Treaty between Canada and the United States or the Water

Utilization Treaty of 1944 between Mexico and the United States (59

Stat. 1219), relative to the control and abatement of pollution in

waters covered by those treaties.

(b) Functions and responsibilities of Administrator not affected

The calling of a hearing under this section shall not be

construed by the courts, the Administrator, or any person as

limiting, modifying, or otherwise affecting the functions and

responsibilities of the Administrator under this section to

establish and enforce water quality requirements under this

chapter.

(c) Hearing board; composition; findings of fact; recommendations;

implementation of board's decision

The Administrator shall publish in the Federal Register a notice

of a public hearing before a hearing board of five or more persons

appointed by the Administrator. A majority of the members of the

board and the chairman who shall be designated by the Administrator

shall not be officers or employees of Federal, State, or local

governments. On the basis of the evidence presented at such

hearing, the board shall within sixty days after completion of the

hearing make findings of fact as to whether or not such pollution

is occurring and shall thereupon by decision, incorporating its

findings therein, make such recommendations to abate the pollution

as may be appropriate and shall transmit such decision and the

record of the hearings to the Administrator. All such decisions

shall be public. Upon receipt of such decision, the Administrator

shall promptly implement the board's decision in accordance with

the provisions of this chapter.

(d) Report by alleged polluter

In connection with any hearing called under this subsection, the

board is authorized to require any person whose alleged activities

result in discharges causing or contributing to pollution to file

with it in such forms as it may prescribe, a report based on

existing data, furnishing such information as may reasonably be

required as to the character, kind, and quantity of such discharges

and the use of facilities or other means to prevent or reduce such

discharges by the person filing such a report. Such report shall be

made under oath or otherwise, as the board may prescribe, and shall

be filed with the board within such reasonable period as it may

prescribe, unless additional time is granted by it. Upon a showing

satisfactory to the board by the person filing such report that

such report or portion thereof (other than effluent data), to which

the Administrator has access under this section, if made public

would divulge trade secrets or secret processes of such person, the

board shall consider such report or portion thereof confidential

for the purposes of section 1905 of title 18. If any person

required to file any report under this paragraph shall fail to do

so within the time fixed by the board for filing the same, and such

failure shall continue for thirty days after notice of such

default, such person shall forfeit to the United States the sum of

$1,000 for each and every day of the continuance of such failure,

which forfeiture shall be payable into the Treasury of the United

States, and shall be recoverable in a civil suit in the name of the

United States in the district court of the United States where such

person has his principal office or in any district in which he does

business. The Administrator may upon application therefor remit or

mitigate any forfeiture provided for under this subsection.

(e) Compensation of board members

Board members, other than officers or employees of Federal,

State, or local governments, shall be for each day (including

travel-time) during which they are performing board business,

entitled to receive compensation at a rate fixed by the

Administrator but not in excess of the maximum rate of pay for

grade GS-18, as provided in the General Schedule under section 5332

of title 5, and shall, notwithstanding the limitations of sections

5703 and 5704 of title 5, be fully reimbursed for travel,

subsistence and related expenses.

(f) Enforcement proceedings

When any such recommendation adopted by the Administrator

involves the institution of enforcement proceedings against any

person to obtain the abatement of pollution subject to such

recommendation, the Administrator shall institute such proceedings

if he believes that the evidence warrants such proceedings. The

district court of the United States shall consider and determine de

novo all relevant issues, but shall receive in evidence the record

of the proceedings before the conference or hearing board. The

court shall have jurisdiction to enter such judgment and orders

enforcing such judgment as it deems appropriate or to remand such

proceedings to the Administrator for such further action as it may

direct.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 310, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 860.)

-MISC1-

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. 1321 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1321. Oil and hazardous substance liability

-STATUTE-

(a) Definitions

For the purpose of this section, the term -

(1) "oil" means oil of any kind or in any form, including, but

not limited to, petroleum, fuel oil, sludge, oil refuse, and oil

mixed with wastes other than dredged spoil;

(2) "discharge" includes, but is not limited to, any spilling,

leaking, pumping, pouring, emitting, emptying or dumping, but

excludes (A) discharges in compliance with a permit under section

1342 of this title, (B) discharges resulting from circumstances

identified and reviewed and made a part of the public record with

respect to a permit issued or modified under section 1342 of this

title, and subject to a condition in such permit,,(!1) (C)

continuous or anticipated intermittent discharges from a point

source, identified in a permit or permit application under

section 1342 of this title, which are caused by events occurring

within the scope of relevant operating or treatment systems, and

(D) discharges incidental to mechanical removal authorized by the

President under subsection (c) of this section;

(3) "vessel" means every description of watercraft or other

artificial contrivance used, or capable of being used, as a means

of transportation on water other than a public vessel;

(4) "public vessel" means a vessel owned or bareboat-chartered

and operated by the United States, or by a State or political

subdivision thereof, or by a foreign nation, except when such

vessel is engaged in commerce;

(5) "United States" means the States, the District of Columbia,

the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, Guam, American Samoa, the Virgin Islands, and

the Trust Territory of the Pacific Islands;

(6) "owner or operator" means (A) in the case of a vessel, any

person owning, operating, or chartering by demise, such vessel,

and (B) in the case of an onshore facility, and an offshore

facility, any person owning or operating such onshore facility or

offshore facility, and (C) in the case of any abandoned offshore

facility, the person who owned or operated such facility

immediately prior to such abandonment;

(7) "person" includes an individual, firm, corporation,

association, and a partnership.

(8) "remove" or "removal" refers to containment and removal of

the oil or hazardous substances from the water and shorelines or

the taking of such other actions as may be necessary to prevent,

minimize, or mitigate damage to the public health or welfare,

including, but not limited to, fish, shellfish, wildlife, and

public and private property, shorelines, and beaches;

(9) "contiguous zone" means the entire zone established or to

be established by the United States under article 24 of the

Convention on the Territorial Sea and the Contiguous Zone;

(10) "onshore facility" means any facility (including, but not

limited to, motor vehicles and rolling stock) of any kind located

in, on, or under, any land within the United States other than

submerged land;

(11) "offshore facility" means any facility of any kind located

in, on, or under, any of the navigable waters of the United

States, and any facility of any kind which is subject to the

jurisdiction of the United States and is located in, on, or under

any other waters, other than a vessel or a public vessel;

(12) "act of God" means an act occasioned by an unanticipated

grave natural disaster;

(13) "barrel" means 42 United States gallons at 60 degrees

Fahrenheit;

(14) "hazardous substance" means any substance designated

pursuant to subsection (b)(2) of this section;

(15) "inland oil barge" means a non-self-propelled vessel

carrying oil in bulk as cargo and certificated to operate only in

the inland waters of the United States, while operating in such

waters;

(16) "inland waters of the United States" means those waters of

the United States lying inside the baseline from which the

territorial sea is measured and those waters outside such

baseline which are a part of the Gulf Intracoastal Waterway;

(17) "otherwise subject to the jurisdiction of the United

States" means subject to the jurisdiction of the United States by

virtue of United States citizenship, United States vessel

documentation or numbering, or as provided for by international

agreement to which the United States is a party;

(18) "Area Committee" means an Area Committee established under

subsection (j) of this section;

(19) "Area Contingency Plan" means an Area Contingency Plan

prepared under subsection (j) of this section;

(20) "Coast Guard District Response Group" means a Coast Guard

District Response Group established under subsection (j) of this

section;

(21) "Federal On-Scene Coordinator" means a Federal On-Scene

Coordinator designated in the National Contingency Plan;

(22) "National Contingency Plan" means the National Contingency

Plan prepared and published under subsection (d) of this section;

(23) "National Response Unit" means the National Response Unit

established under subsection (j) of this section;

(24) "worst case discharge" means -

(A) in the case of a vessel, a discharge in adverse weather

conditions of its entire cargo; and

(B) in the case of an offshore facility or onshore facility,

the largest foreseeable discharge in adverse weather

conditions; and

(25) "removal costs" means -

(A) the costs of removal of oil or a hazardous substance that

are incurred after it is discharged; and

(B) in any case in which there is a substantial threat of a

discharge of oil or a hazardous substance, the costs to

prevent, minimize, or mitigate that threat.

(b) Congressional declaration of policy against discharges of oil

or hazardous substances; designation of hazardous substances;

study of higher standard of care incentives and report to

Congress; liability; penalties; civil actions: penalty

limitations, separate offenses, jurisdiction, mitigation of

damages and costs, recovery of removal costs, alternative

remedies, and withholding clearance of vessels

(1) The Congress hereby declares that it is the policy of the

United States that there should be no discharges of oil or

hazardous substances into or upon the navigable waters of the

United States, adjoining shorelines, or into or upon the waters of

the contiguous zone, or in connection with activities under the

Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the

Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may

affect natural resources belonging to, appertaining to, or under

the exclusive management authority of the United States (including

resources under the Magnuson-Stevens Fishery Conservation and

Management Act [16 U.S.C. 1801 et seq.]).

(2)(A) The Administrator shall develop, promulgate, and revise as

may be appropriate, regulations designating as hazardous

substances, other than oil as defined in this section, such

elements and compounds which, when discharged in any quantity into

or upon the navigable waters of the United States or adjoining

shorelines or the waters of the contiguous zone or in connection

with activities under the Outer Continental Shelf Lands Act [43

U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C.

1501 et seq.], or which may affect natural resources belonging to,

appertaining to, or under the exclusive management authority of the

United States (including resources under the Magnuson-Stevens

Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]),

present an imminent and substantial danger to the public health or

welfare, including, but not limited to, fish, shellfish, wildlife,

shorelines, and beaches.

(B) The Administrator shall within 18 months after the date of

enactment of this paragraph, conduct a study and report to the

Congress on methods, mechanisms, and procedures to create

incentives to achieve a higher standard of care in all aspects of

the management and movement of hazardous substances on the part of

owners, operators, or persons in charge of onshore facilities,

offshore facilities, or vessels. The Administrator shall include in

such study (1) limits of liability, (2) liability for third party

damages, (3) penalties and fees, (4) spill prevention plans, (5)

current practices in the insurance and banking industries, and (6)

whether the penalty enacted in subclause (bb) of clause (iii) of

subparagraph (B) of subsection (b)(2) of section 311 of Public Law

92-500 should be enacted.

(3) The discharge of oil or hazardous substances (i) into or upon

the navigable waters of the United States, adjoining shorelines, or

into or upon the waters of the contiguous zone, or (ii) in

connection with activities under the Outer Continental Shelf Lands

Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33

U.S.C. 1501 et seq.], or which may affect natural resources

belonging to, appertaining to, or under the exclusive management

authority of the United States (including resources under the

Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.

1801 et seq.]), in such quantities as may be harmful as determined

by the President under paragraph (4) of this subsection, is

prohibited, except (A) in the case of such discharges into the

waters of the contiguous zone or which may affect natural resources

belonging to, appertaining to, or under the exclusive management

authority of the United States (including resources under the

Magnuson-Stevens Fishery Conservation and Management Act), where

permitted under the Protocol of 1978 Relating to the International

Convention for the Prevention of Pollution from Ships, 1973, and

(B) where permitted in quantities and at times and locations or

under such circumstances or conditions as the President may, by

regulation, determine not to be harmful. Any regulations issued

under this subsection shall be consistent with maritime safety and

with marine and navigation laws and regulations and applicable

water quality standards.

(4) The President shall by regulation determine for the purposes

of this section those quantities of oil and any hazardous

substances the discharge of which may be harmful to the public

health or welfare or the environment of the United States,

including but not limited to fish, shellfish, wildlife, and public

and private property, shorelines, and beaches.

(5) Any person in charge of a vessel or of an onshore facility or

an offshore facility shall, as soon as he has knowledge of any

discharge of oil or a hazardous substance from such vessel or

facility in violation of paragraph (3) of this subsection,

immediately notify the appropriate agency of the United States

Government of such discharge. The Federal agency shall immediately

notify the appropriate State agency of any State which is, or may

reasonably be expected to be, affected by the discharge of oil or a

hazardous substance. Any such person (A) in charge of a vessel from

which oil or a hazardous substance is discharged in violation of

paragraph (3)(i) of this subsection, or (B) in charge of a vessel

from which oil or a hazardous substance is discharged in violation

of paragraph (3)(ii) of this subsection and who is otherwise

subject to the jurisdiction of the United States at the time of the

discharge, or (C) in charge of an onshore facility or an offshore

facility, who fails to notify immediately such agency of such

discharge shall, upon conviction, be fined in accordance with title

18, or imprisoned for not more than 5 years, or both. Notification

received pursuant to this paragraph shall not be used against any

such natural person in any criminal case, except a prosecution for

perjury or for giving a false statement.

(6) Administrative penalties. -

(A) Violations. - Any owner, operator, or person in charge of

any vessel, onshore facility, or offshore facility -

(i) from which oil or a hazardous substance is discharged in

violation of paragraph (3), or

(ii) who fails or refuses to comply with any regulation

issued under subsection (j) of this section to which that

owner, operator, or person in charge is subject,

may be assessed a class I or class II civil penalty by the

Secretary of the department in which the Coast Guard is operating

or the Administrator.

(B) Classes of penalties. -

(i) Class i. - The amount of a class I civil penalty under

subparagraph (A) may not exceed $10,000 per violation, except

that the maximum amount of any class I civil penalty under this

subparagraph shall not exceed $25,000. Before assessing a civil

penalty under this clause, the Administrator or Secretary, as

the case may be, shall give to the person to be assessed such

penalty written notice of the Administrator's or Secretary's

proposal to assess the penalty and the opportunity to request,

within 30 days of the date the notice is received by such

person, a hearing on the proposed penalty. Such hearing shall

not be subject to section 554 or 556 of title 5, but shall

provide a reasonable opportunity to be heard and to present

evidence.

(ii) Class ii. - The amount of a class II civil penalty under

subparagraph (A) may not exceed $10,000 per day for each day

during which the violation continues; except that the maximum

amount of any class II civil penalty under this subparagraph

shall not exceed $125,000. Except as otherwise provided in this

subsection, a class II civil penalty shall be assessed and

collected in the same manner, and subject to the same

provisions, as in the case of civil penalties assessed and

collected after notice and opportunity for a hearing on the

record in accordance with section 554 of title 5. The

Administrator and Secretary may issue rules for discovery

procedures for hearings under this paragraph.

(C) Rights of interested persons. -

(i) Public notice. - Before issuing an order assessing a

class II civil penalty under this paragraph the Administrator

or Secretary, as the case may be, shall provide public notice

of and reasonable opportunity to comment on the proposed

issuance of such order.

(ii) Presentation of evidence. - Any person who comments on a

proposed assessment of a class II civil penalty under this

paragraph shall be given notice of any hearing held under this

paragraph and of the order assessing such penalty. In any

hearing held under this paragraph, such person shall have a

reasonable opportunity to be heard and to present evidence.

(iii) Rights of interested persons to a hearing. - If no

hearing is held under subparagraph (B) before issuance of an

order assessing a class II civil penalty under this paragraph,

any person who commented on the proposed assessment may

petition, within 30 days after the issuance of such order, the

Administrator or Secretary, as the case may be, to set aside

such order and to provide a hearing on the penalty. If the

evidence presented by the petitioner in support of the petition

is material and was not considered in the issuance of the

order, the Administrator or Secretary shall immediately set

aside such order and provide a hearing in accordance with

subparagraph (B)(ii). If the Administrator or Secretary denies

a hearing under this clause, the Administrator or Secretary

shall provide to the petitioner, and publish in the Federal

Register, notice of and the reasons for such denial.

(D) Finality of order. - An order assessing a class II civil

penalty under this paragraph shall become final 30 days after its

issuance unless a petition for judicial review is filed under

subparagraph (G) or a hearing is requested under subparagraph

(C)(iii). If such a hearing is denied, such order shall become

final 30 days after such denial.

(E) Effect of order. - Action taken by the Administrator or

Secretary, as the case may be, under this paragraph shall not

affect or limit the Administrator's or Secretary's authority to

enforce any provision of this chapter; except that any violation

-

(i) with respect to which the Administrator or Secretary has

commenced and is diligently prosecuting an action to assess a

class II civil penalty under this paragraph, or

(ii) for which the Administrator or Secretary has issued a

final order assessing a class II civil penalty not subject to

further judicial review and the violator has paid a penalty

assessed under this paragraph,

shall not be the subject of a civil penalty action under section

1319(d), 1319(g), or 1365 of this title or under paragraph (7).

(F) Effect of action on compliance. - No action by the

Administrator or Secretary under this paragraph shall affect any

person's obligation to comply with any section of this chapter.

(G) Judicial review. - Any person against whom a civil penalty

is assessed under this paragraph or who commented on the proposed

assessment of such penalty in accordance with subparagraph (C)

may obtain review of such assessment -

(i) in the case of assessment of a class I civil penalty, in

the United States District Court for the District of Columbia

or in the district in which the violation is alleged to have

occurred, or

(ii) in the case of assessment of a class II civil penalty,

in United States Court of Appeals for the District of Columbia

Circuit or for any other circuit in which such person resides

or transacts business,

by filing a notice of appeal in such court within the 30-day

period beginning on the date the civil penalty order is issued

and by simultaneously sending a copy of such notice by certified

mail to the Administrator or Secretary, as the case may be, and

the Attorney General. The Administrator or Secretary shall

promptly file in such court a certified copy of the record on

which the order was issued. Such court shall not set aside or

remand such order unless there is not substantial evidence in the

record, taken as a whole, to support the finding of a violation

or unless the Administrator's or Secretary's assessment of the

penalty constitutes an abuse of discretion and shall not impose

additional civil penalties for the same violation unless the

Administrator's or Secretary's assessment of the penalty

constitutes an abuse of discretion.

(H) Collection. - If any person fails to pay an assessment of a

civil penalty -

(i) after the assessment has become final, or

(ii) after a court in an action brought under subparagraph

(G) has entered a final judgment in favor of the Administrator

or Secretary, as the case may be,

the Administrator or Secretary shall request the Attorney General

to bring a civil action in an appropriate district court to

recover the amount assessed (plus interest at currently

prevailing rates from the date of the final order or the date of

the final judgment, as the case may be). In such an action, the

validity, amount, and appropriateness of such penalty shall not

be subject to review. Any person who fails to pay on a timely

basis the amount of an assessment of a civil penalty as described

in the first sentence of this subparagraph shall be required to

pay, in addition to such amount and interest, attorneys fees and

costs for collection proceedings and a quarterly nonpayment

penalty for each quarter during which such failure to pay

persists. Such nonpayment penalty shall be in an amount equal to

20 percent of the aggregate amount of such person's penalties and

nonpayment penalties which are unpaid as of the beginning of such

quarter.

(I) Subpoenas. - The Administrator or Secretary, as the case

may be, may issue subpoenas for the attendance and testimony of

witnesses and the production of relevant papers, books, or

documents in connection with hearings under this paragraph. In

case of contumacy or refusal to obey a subpoena issued pursuant

to this subparagraph and served upon any person, the district

court of the United States for any district in which such person

is found, resides, or transacts business, upon 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 administrative law judge or to

appear and produce documents before the administrative law judge,

or both, and any failure to obey such order of the court may be

punished by such court as a contempt thereof.

(7) Civil penalty action. -

(A) Discharge, generally. - Any person who is the owner,

operator, or person in charge of any vessel, onshore facility, or

offshore facility from which oil or a hazardous substance is

discharged in violation of paragraph (3), shall be subject to a

civil penalty in an amount up to $25,000 per day of violation or

an amount up to $1,000 per barrel of oil or unit of reportable

quantity of hazardous substances discharged.

(B) Failure to remove or comply. - Any person described in

subparagraph (A) who, without sufficient cause -

(i) fails to properly carry out removal of the discharge

under an order of the President pursuant to subsection (c) of

this section; or

(ii) fails to comply with an order pursuant to subsection

(e)(1)(B) of this section;

shall be subject to a civil penalty in an amount up to $25,000

per day of violation or an amount up to 3 times the costs

incurred by the Oil Spill Liability Trust Fund as a result of

such failure.

(C) Failure to comply with regulation. - Any person who fails

or refuses to comply with any regulation issued under subsection

(j) of this section shall be subject to a civil penalty in an

amount up to $25,000 per day of violation.

(D) Gross negligence. - In any case in which a violation of

paragraph (3) was the result of gross negligence or willful

misconduct of a person described in subparagraph (A), the person

shall be subject to a civil penalty of not less than $100,000,

and not more than $3,000 per barrel of oil or unit of reportable

quantity of hazardous substance discharged.

(E) Jurisdiction. - An action to impose a civil penalty under

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

States for the district in which the defendant is located,

resides, or is doing business, and such court shall have

jurisdiction to assess such penalty.

(F) Limitation. - A person is not liable for a civil penalty

under this paragraph for a discharge if the person has been

assessed a civil penalty under paragraph (6) for the discharge.

(8) Determination of amount. - In determining the amount of a

civil penalty under paragraphs (6) and (7), the Administrator,

Secretary, or the court, as the case may be, shall consider the

seriousness of the violation or violations, the economic benefit to

the violator, if any, resulting from the violation, the degree of

culpability involved, any other penalty for the same incident, any

history of prior violations, the nature, extent, and degree of

success of any efforts of the violator to minimize or mitigate the

effects of the discharge, the economic impact of the penalty on the

violator, and any other matters as justice may require.

(9) Mitigation of damage. - In addition to establishing a penalty

for the discharge of oil or a hazardous substance, the

Administrator or the Secretary of the department in which the Coast

Guard is operating may act to mitigate the damage to the public

health or welfare caused by such discharge. The cost of such

mitigation shall be deemed a cost incurred under subsection (c) of

this section for the removal of such substance by the United States

Government.

(10) Recovery of removal costs. - Any costs of removal incurred

in connection with a discharge excluded by subsection (a)(2)(C) of

this section shall be recoverable from the owner or operator of the

source of the discharge in an action brought under section 1319(b)

of this title.

(11) Limitation. - Civil penalties shall not be assessed under

both this section and section 1319 of this title for the same

discharge.

(12) Withholding clearance. - If any owner, operator, or person

in charge of a vessel is liable for a civil penalty under this

subsection, or if reasonable cause exists to believe that the

owner, operator, or person in charge may be subject to a civil

penalty under this subsection, the Secretary of the Treasury, upon

the request of the Secretary of the department in which the Coast

Guard is operating or the Administrator, shall with respect to such

vessel refuse or revoke -

(A) the clearance required by section 91 of title 46, Appendix;

(B) a permit to proceed under section 313 (!2) of title 46,

Appendix; and

(C) a permit to depart required under section 1443 (!2) of

title 19;

as applicable. Clearance or a permit refused or revoked under this

paragraph may be granted upon the filing of a bond or other surety

satisfactory to the Secretary of the department in which the Coast

Guard is operating or the Administrator.

(c) Federal removal authority

(1) General removal requirement

(A) The President shall, in accordance with the National

Contingency Plan and any appropriate Area Contingency Plan,

ensure effective and immediate removal of a discharge, and

mitigation or prevention of a substantial threat of a discharge,

of oil or a hazardous substance -

(i) into or on the navigable waters;

(ii) on the adjoining shorelines to the navigable waters;

(iii) into or on the waters of the exclusive economic zone;

or

(iv) that may affect natural resources belonging to,

appertaining to, or under the exclusive management authority of

the United States.

(B) In carrying out this paragraph, the President may -

(i) remove or arrange for the removal of a discharge, and

mitigate or prevent a substantial threat of a discharge, at any

time;

(ii) direct or monitor all Federal, State, and private

actions to remove a discharge; and

(iii) remove and, if necessary, destroy a vessel discharging,

or threatening to discharge, by whatever means are available.

(2) Discharge posing substantial threat to public health or

welfare

(A) If a discharge, or a substantial threat of a discharge, of

oil or a hazardous substance from a vessel, offshore facility, or

onshore facility is of such a size or character as to be a

substantial threat to the public health or welfare of the United

States (including but not limited to fish, shellfish, wildlife,

other natural resources, and the public and private beaches and

shorelines of the United States), the President shall direct all

Federal, State, and private actions to remove the discharge or to

mitigate or prevent the threat of the discharge.

(B) In carrying out this paragraph, the President may, without

regard to any other provision of law governing contracting

procedures or employment of personnel by the Federal Government -

(i) remove or arrange for the removal of the discharge, or

mitigate or prevent the substantial threat of the discharge;

and

(ii) remove and, if necessary, destroy a vessel discharging,

or threatening to discharge, by whatever means are available.

(3) Actions in accordance with National Contingency Plan

(A) Each Federal agency, State, owner or operator, or other

person participating in efforts under this subsection shall act

in accordance with the National Contingency Plan or as directed

by the President.

(B) An owner or operator participating in efforts under this

subsection shall act in accordance with the National Contingency

Plan and the applicable response plan required under subsection

(j) of this section, or as directed by the President, except that

the owner or operator may deviate from the applicable response

plan if the President or the Federal On-Scene Coordinator

determines that deviation from the response plan would provide

for a more expeditious or effective response to the spill or

mitigation of its environmental effects.

(4) Exemption from liability

(A) A person is not liable for removal costs or damages which

result from actions taken or omitted to be taken in the course of

rendering care, assistance, or advice consistent with the

National Contingency Plan or as otherwise directed by the

President relating to a discharge or a substantial threat of a

discharge of oil or a hazardous substance.

(B) Subparagraph (A) does not apply -

(i) to a responsible party;

(ii) to a response under the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.);

(iii) with respect to personal injury or wrongful death; or

(iv) if the person is grossly negligent or engages in willful

misconduct.

(C) A responsible party is liable for any removal costs and

damages that another person is relieved of under subparagraph

(A).

(5) Obligation and liability of owner or operator not affected

Nothing in this subsection affects -

(A) the obligation of an owner or operator to respond

immediately to a discharge, or the threat of a discharge, of

oil; or

(B) the liability of a responsible party under the Oil

Pollution Act of 1990 [33 U.S.C. 2701 et seq.].

(6) "Responsible party" defined

For purposes of this subsection, the term "responsible party"

has the meaning given that term under section 1001 of the Oil

Pollution Act of 1990 [33 U.S.C. 2701].

(d) National Contingency Plan

(1) Preparation by President

The President shall prepare and publish a National Contingency

Plan for removal of oil and hazardous substances pursuant to this

section.

(2) Contents

The National Contingency Plan shall provide for efficient,

coordinated, and effective action to minimize damage from oil and

hazardous substance discharges, including containment, dispersal,

and removal of oil and hazardous substances, and shall include,

but not be limited to, the following:

(A) Assignment of duties and responsibilities among Federal

departments and agencies in coordination with State and local

agencies and port authorities including, but not limited to,

water pollution control and conservation and trusteeship of

natural resources (including conservation of fish and

wildlife).

(B) Identification, procurement, maintenance, and storage of

equipment and supplies.

(C) Establishment or designation of Coast Guard strike teams,

consisting of -

(i) personnel who shall be trained, prepared, and available

to provide necessary services to carry out the National

Contingency Plan;

(ii) adequate oil and hazardous substance pollution control

equipment and material; and

(iii) a detailed oil and hazardous substance pollution and

prevention plan, including measures to protect fisheries and

wildlife.

(D) A system of surveillance and notice designed to safeguard

against as well as ensure earliest possible notice of

discharges of oil and hazardous substances and imminent threats

of such discharges to the appropriate State and Federal

agencies.

(E) Establishment of a national center to provide

coordination and direction for operations in carrying out the

Plan.

(F) Procedures and techniques to be employed in identifying,

containing, dispersing, and removing oil and hazardous

substances.

(G) A schedule, prepared in cooperation with the States,

identifying -

(i) dispersants, other chemicals, and other spill

mitigating devices and substances, if any, that may be used

in carrying out the Plan,

(ii) the waters in which such dispersants, other chemicals,

and other spill mitigating devices and substances may be

used, and

(iii) the quantities of such dispersant, other chemicals,

or other spill mitigating device or substance which can be

used safely in such waters,

which schedule shall provide in the case of any dispersant,

chemical, spill mitigating device or substance, or waters not

specifically identified in such schedule that the President, or

his delegate, may, on a case-by-case basis, identify the

dispersants, other chemicals, and other spill mitigating

devices and substances which may be used, the waters in which

they may be used, and the quantities which can be used safely

in such waters.

(H) A system whereby the State or States affected by a

discharge of oil or hazardous substance may act where necessary

to remove such discharge and such State or States may be

reimbursed in accordance with the Oil Pollution Act of 1990 [33

U.S.C. 2701 et seq.], in the case of any discharge of oil from

a vessel or facility, for the reasonable costs incurred for

that removal, from the Oil Spill Liability Trust Fund.

(I) Establishment of criteria and procedures to ensure

immediate and effective Federal identification of, and response

to, a discharge, or the threat of a discharge, that results in

a substantial threat to the public health or welfare of the

United States, as required under subsection (c)(2) of this

section.

(J) Establishment of procedures and standards for removing a

worst case discharge of oil, and for mitigating or preventing a

substantial threat of such a discharge.

(K) Designation of the Federal official who shall be the

Federal On-Scene Coordinator for each area for which an Area

Contingency Plan is required to be prepared under subsection

(j) of this section.

(L) Establishment of procedures for the coordination of

activities of -

(i) Coast Guard strike teams established under subparagraph

(C);

(ii) Federal On-Scene Coordinators designated under

subparagraph (K);

(iii) District Response Groups established under subsection

(j) of this section; and

(iv) Area Committees established under subsection (j) of

this section.

(M) A fish and wildlife response plan, developed in

consultation with the United States Fish and Wildlife Service,

the National Oceanic and Atmospheric Administration, and other

interested parties (including State fish and wildlife

conservation officials), for the immediate and effective

protection, rescue, and rehabilitation of, and the minimization

of risk of damage to, fish and wildlife resources and their

habitat that are harmed or that may be jeopardized by a

discharge.

(3) Revisions and amendments

The President may, from time to time, as the President deems

advisable, revise or otherwise amend the National Contingency

Plan.

(4) Actions in accordance with National Contingency Plan

After publication of the National Contingency Plan, the removal

of oil and hazardous substances and actions to minimize damage

from oil and hazardous substance discharges shall, to the

greatest extent possible, be in accordance with the National

Contingency Plan.

(e) Civil enforcement

(1) Orders protecting public health

In addition to any action taken by a State or local government,

when the President determines that there may be an imminent and

substantial threat to the public health or welfare of the United

States, including fish, shellfish, and wildlife, public and

private property, shorelines, beaches, habitat, and other living

and nonliving natural resources under the jurisdiction or control

of the United States, because of an actual or threatened

discharge of oil or a hazardous substance from a vessel or

facility in violation of subsection (b) of this section, the

President may -

(A) require the Attorney General to secure any relief from

any person, including the owner or operator of the vessel or

facility, as may be necessary to abate such endangerment; or

(B) after notice to the affected State, take any other action

under this section, including issuing administrative orders,

that may be necessary to protect the public health and welfare.

(2) Jurisdiction of district courts

The district courts of the United States shall have

jurisdiction to grant any relief under this subsection that the

public interest and the equities of the case may require.

(f) Liability for actual costs of removal

(1) Except where an owner or operator can prove that a discharge

was caused solely by (A) an act of God, (B) an act of war, (C)

negligence on the part of the United States Government, or (D) an

act or omission of a third party without regard to whether any such

act or omission was or was not negligent, or any combination of the

foregoing clauses, such owner or operator of any vessel from which

oil or a hazardous substance is discharged in violation of

subsection (b)(3) of this section shall, notwithstanding any other

provision of law, be liable to the United States Government for the

actual costs incurred under subsection (c) of this section for the

removal of such oil or substance by the United States Government in

an amount not to exceed, in the case of an inland oil barge $125

per gross ton of such barge, or $125,000, whichever is greater, and

in the case of any other vessel, $150 per gross ton of such vessel

(or, for a vessel carrying oil or hazardous substances as cargo,

$250,000), whichever is greater, except that where the United

States can show that such discharge was the result of willful

negligence or willful misconduct within the privity and knowledge

of the owner, such owner or operator shall be liable to the United

States Government for the full amount of such costs. Such costs

shall constitute a maritime lien on such vessel which may be

recovered in an action in rem in the district court of the United

States for any district within which any vessel may be found. The

United States may also bring an action against the owner or

operator of such vessel in any court of competent jurisdiction to

recover such costs.

(2) Except where an owner or operator of an onshore facility can

prove that a discharge was caused solely by (A) an act of God, (B)

an act of war, (C) negligence on the part of the United States

Government, or (D) an act or omission of a third party without

regard to whether any such act or omission was or was not

negligent, or any combination of the foregoing clauses, such owner

or operator of any such facility from which oil or a hazardous

substance is discharged in violation of subsection (b)(3) of this

section shall be liable to the United States Government for the

actual costs incurred under subsection (c) of this section for the

removal of such oil or substance by the United States Government in

an amount not to exceed $50,000,000, except that where the United

States can show that such discharge was the result of willful

negligence or willful misconduct within the privity and knowledge

of the owner, such owner or operator shall be liable to the United

States Government for the full amount of such costs. The United

States may bring an action against the owner or operator of such

facility in any court of competent jurisdiction to recover such

costs. The Administrator is authorized, by regulation, after

consultation with the Secretary of Commerce and the Small Business

Administration, to establish reasonable and equitable

classifications of those onshore facilities having a total fixed

storage capacity of 1,000 barrels or less which he determines

because of size, type, and location do not present a substantial

risk of the discharge of oil or a hazardous substance in violation

of subsection (b)(3) of this section, and apply with respect to

such classifications differing limits of liability which may be

less than the amount contained in this paragraph.

(3) Except where an owner or operator of an offshore facility can

prove that a discharge was caused solely by (A) an act of God, (B)

an act of war, (C) negligence on the part of the United States

Government, or (D) an act or omission of a third party without

regard to whether any such act or omission was or was not

negligent, or any combination of the foregoing clauses, such owner

or operator of any such facility from which oil or a hazardous

substance is discharged in violation of subsection (b)(3) of this

section shall, notwithstanding any other provision of law, be

liable to the United States Government for the actual costs

incurred under subsection (c) of this section for the removal of

such oil or substance by the United States Government in an amount

not to exceed $50,000,000, except that where the United States can

show that such discharge was the result of willful negligence or

willful misconduct within the privity and knowledge of the owner,

such owner or operator shall be liable to the United States

Government for the full amount of such costs. The United States may

bring an action against the owner or operator of such a facility in

any court of competent jurisdiction to recover such costs.

(4) The costs of removal of oil or a hazardous substance for

which the owner or operator of a vessel or onshore or offshore

facility is liable under subsection (f) of this section shall

include any costs or expenses incurred by the Federal Government or

any State government in the restoration or replacement of natural

resources damaged or destroyed as a result of a discharge of oil or

a hazardous substance in violation of subsection (b) of this

section.

(5) The President, or the authorized representative of any State,

shall act on behalf of the public as trustee of the natural

resources to recover for the costs of replacing or restoring such

resources. Sums recovered shall be used to restore, rehabilitate,

or acquire the equivalent of such natural resources by the

appropriate agencies of the Federal Government, or the State

government.

(g) Third party liability

Where the owner or operator of a vessel (other than an inland oil

barge) carrying oil or hazardous substances as cargo or an onshore

or offshore facility which handles or stores oil or hazardous

substances in bulk, from which oil or a hazardous substance is

discharged in violation of subsection (b) of this section, alleges

that such discharge was caused solely by an act or omission of a

third party, such owner or operator shall pay to the United States

Government the actual costs incurred under subsection (c) of this

section for removal of such oil or substance and shall be entitled

by subrogation to all rights of the United States Government to

recover such costs from such third party under this subsection. In

any case where an owner or operator of a vessel, of an onshore

facility, or of an offshore facility, from which oil or a hazardous

substance is discharged in violation of subsection (b)(3) of this

section, proves that such discharge of oil or hazardous substance

was caused solely by an act or omission of a third party, or was

caused solely by such an act or omission in combination with an act

of God, an act of war, or negligence on the part of the United

States Government, such third party shall, notwithstanding any

other provision of law, be liable to the United States Government

for the actual costs incurred under subsection (c) of this section

for removal of such oil or substance by the United States

Government, except where such third party can prove that such

discharge was caused solely by (A) an act of God, (B) an act of

war, (C) negligence on the part of the United States Government, or

(D) an act or omission of another party without regard to whether

such act or omission was or was not negligent, or any combination

of the foregoing clauses. If such third party was the owner or

operator of a vessel which caused the discharge of oil or a

hazardous substance in violation of subsection (b)(3) of this

section, the liability of such third party under this subsection

shall not exceed, in the case of an inland oil barge $125 per gross

ton of such barge, or $125,000, whichever is greater, and in the

case of any other vessel, $150 per gross ton of such vessel (or,

for a vessel carrying oil or hazardous substances as cargo,

$250,000), whichever is greater. In any other case the liability of

such third party shall not exceed the limitation which would have

been applicable to the owner or operator of the vessel or the

onshore or offshore facility from which the discharge actually

occurred if such owner or operator were liable. If the United

States can show that the discharge of oil or a hazardous substance

in violation of subsection (b)(3) of this section was the result of

willful negligence or willful misconduct within the privity and

knowledge of such third party, such third party shall be liable to

the United States Government for the full amount of such removal

costs. The United States may bring an action against the third

party in any court of competent jurisdiction to recover such

removal costs.

(h) Rights against third parties who caused or contributed to

discharge

The liabilities established by this section shall in no way

affect any rights which (1) the owner or operator of a vessel or of

an onshore facility or an offshore facility may have against any

third party whose acts may in any way have caused or contributed to

such discharge, or (2) the United States Government may have

against any third party whose actions may in any way have caused or

contributed to the discharge of oil or hazardous substance.

(i) Recovery of removal costs

In any case where an owner or operator of a vessel or an onshore

facility or an offshore facility from which oil or a hazardous

substance is discharged in violation of subsection (b)(3) of this

section acts to remove such oil or substance in accordance with

regulations promulgated pursuant to this section, such owner or

operator shall be entitled to recover the reasonable costs incurred

in such removal upon establishing, in a suit which may be brought

against the United States Government in the United States Court of

Federal Claims, that such discharge was caused solely by (A) an act

of God, (B) an act of war, (C) negligence on the part of the United

States Government, or (D) an act or omission of a third party

without regard to whether such act or omission was or was not

negligent, or of any combination of the foregoing causes.

(j) National Response System

(1) In general

Consistent with the National Contingency Plan required by

subsection (c)(2) of this section, as soon as practicable after

October 18, 1972, and from time to time thereafter, the President

shall issue regulations consistent with maritime safety and with

marine and navigation laws (A) establishing methods and

procedures for removal of discharged oil and hazardous

substances, (B) establishing criteria for the development and

implementation of local and regional oil and hazardous substance

removal contingency plans, (C) establishing procedures, methods,

and equipment and other requirements for equipment to prevent

discharges of oil and hazardous substances from vessels and from

onshore facilities and offshore facilities, and to contain such

discharges, and (D) governing the inspection of vessels carrying

cargoes of oil and hazardous substances and the inspection of

such cargoes in order to reduce the likelihood of discharges of

oil from vessels in violation of this section.

(2) National Response Unit

The Secretary of the department in which the Coast Guard is

operating shall establish a National Response Unit at Elizabeth

City, North Carolina. The Secretary, acting through the National

Response Unit -

(A) shall compile and maintain a comprehensive computer list

of spill removal resources, personnel, and equipment that is

available worldwide and within the areas designated by the

President pursuant to paragraph (4), and of information

regarding previous spills, including data from universities,

research institutions, State governments, and other nations, as

appropriate, which shall be disseminated as appropriate to

response groups and area committees, and which shall be

available to Federal and State agencies and the public;

(B) shall provide technical assistance, equipment, and other

resources requested by a Federal On-Scene Coordinator;

(C) shall coordinate use of private and public personnel and

equipment to remove a worst case discharge, and to mitigate or

prevent a substantial threat of such a discharge, from a

vessel, offshore facility, or onshore facility operating in or

near an area designated by the President pursuant to paragraph

(4);

(D) may provide technical assistance in the preparation of

Area Contingency Plans required under paragraph (4);

(E) shall administer Coast Guard strike teams established

under the National Contingency Plan;

(F) shall maintain on file all Area Contingency Plans

approved by the President under this subsection; and

(G) shall review each of those plans that affects its

responsibilities under this subsection.

(3) Coast Guard District Response Groups

(A) The Secretary of the department in which the Coast Guard is

operating shall establish in each Coast Guard district a Coast

Guard District Response Group.

(B) Each Coast Guard District Response Group shall consist of -

(i) the Coast Guard personnel and equipment, including

firefighting equipment, of each port within the district;

(ii) additional prepositioned equipment; and

(iii) a district response advisory staff.

(C) Coast Guard district response groups -

(i) shall provide technical assistance, equipment, and other

resources when required by a Federal On-Scene Coordinator;

(ii) shall maintain all Coast Guard response equipment within

its district;

(iii) may provide technical assistance in the preparation of

Area Contingency Plans required under paragraph (4); and

(iv) shall review each of those plans that affect its area of

geographic responsibility.

(4) Area Committees and Area Contingency Plans

(A) There is established for each area designated by the

President an Area Committee comprised of members appointed by the

President from qualified personnel of Federal, State, and local

agencies.

(B) Each Area Committee, under the direction of the Federal

On-Scene Coordinator for its area, shall -

(i) prepare for its area the Area Contingency Plan required

under subparagraph (C);

(ii) work with State and local officials to enhance the

contingency planning of those officials and to assure

preplanning of joint response efforts, including appropriate

procedures for mechanical recovery, dispersal, shoreline

cleanup, protection of sensitive environmental areas, and

protection, rescue, and rehabilitation of fisheries and

wildlife; and

(iii) work with State and local officials to expedite

decisions for the use of dispersants and other mitigating

substances and devices.

(C) Each Area Committee shall prepare and submit to the

President for approval an Area Contingency Plan for its area. The

Area Contingency Plan shall -

(i) when implemented in conjunction with the National

Contingency Plan, be adequate to remove a worst case discharge,

and to mitigate or prevent a substantial threat of such a

discharge, from a vessel, offshore facility, or onshore

facility operating in or near the area;

(ii) describe the area covered by the plan, including the

areas of special economic or environmental importance that

might be damaged by a discharge;

(iii) describe in detail the responsibilities of an owner or

operator and of Federal, State, and local agencies in removing

a discharge, and in mitigating or preventing a substantial

threat of a discharge;

(iv) list the equipment (including firefighting equipment),

dispersants or other mitigating substances and devices, and

personnel available to an owner or operator and Federal, State,

and local agencies, to ensure an effective and immediate

removal of a discharge, and to ensure mitigation or prevention

of a substantial threat of a discharge;

(v) compile a list of local scientists, both inside and

outside Federal Government service, with expertise in the

environmental effects of spills of the types of oil typically

transported in the area, who may be contacted to provide

information or, where appropriate, participate in meetings of

the scientific support team convened in response to a spill,

and describe the procedures to be followed for obtaining an

expedited decision regarding the use of dispersants;

(vi) describe in detail how the plan is integrated into other

Area Contingency Plans and vessel, offshore facility, and

onshore facility response plans approved under this subsection,

and into operating procedures of the National Response Unit;

(vii) include any other information the President requires;

and

(viii) be updated periodically by the Area Committee.

(D) The President shall -

(i) review and approve Area Contingency Plans under this

paragraph; and

(ii) periodically review Area Contingency Plans so approved.

(5) Tank vessel and facility response plans

(A) The President shall issue regulations which require an

owner or operator of a tank vessel or facility described in

subparagraph (B) to prepare and submit to the President a plan

for responding, to the maximum extent practicable, to a worst

case discharge, and to a substantial threat of such a discharge,

of oil or a hazardous substance.

(B) The tank vessels and facilities referred to in subparagraph

(A) are the following:

(i) A tank vessel, as defined under section 2101 of title 46.

(ii) An offshore facility.

(iii) An onshore facility that, because of its location,

could reasonably be expected to cause substantial harm to the

environment by discharging into or on the navigable waters,

adjoining shorelines, or the exclusive economic zone.

(C) A response plan required under this paragraph shall -

(i) be consistent with the requirements of the National

Contingency Plan and Area Contingency Plans;

(ii) identify the qualified individual having full authority

to implement removal actions, and require immediate

communications between that individual and the appropriate

Federal official and the persons providing personnel and

equipment pursuant to clause (iii);

(iii) identify, and ensure by contract or other means

approved by the President the availability of, private

personnel and equipment necessary to remove to the maximum

extent practicable a worst case discharge (including a

discharge resulting from fire or explosion), and to mitigate or

prevent a substantial threat of such a discharge;

(iv) describe the training, equipment testing, periodic

unannounced drills, and response actions of persons on the

vessel or at the facility, to be carried out under the plan to

ensure the safety of the vessel or facility and to mitigate or

prevent the discharge, or the substantial threat of a

discharge;

(v) be updated periodically; and

(vi) be resubmitted for approval of each significant change.

(D) With respect to any response plan submitted under this

paragraph for an onshore facility that, because of its location,

could reasonably be expected to cause significant and substantial

harm to the environment by discharging into or on the navigable

waters or adjoining shorelines or the exclusive economic zone,

and with respect to each response plan submitted under this

paragraph for a tank vessel or offshore facility, the President

shall -

(i) promptly review such response plan;

(ii) require amendments to any plan that does not meet the

requirements of this paragraph;

(iii) approve any plan that meets the requirements of this

paragraph; and

(iv) review each plan periodically thereafter.

(E) A tank vessel, offshore facility, or onshore facility

required to prepare a response plan under this subsection may not

handle, store, or transport oil unless -

(i) in the case of a tank vessel, offshore facility, or

onshore facility for which a response plan is reviewed by the

President under subparagraph (D), the plan has been approved by

the President; and

(ii) the vessel or facility is operating in compliance with

the plan.

(F) Notwithstanding subparagraph (E), the President may

authorize a tank vessel, offshore facility, or onshore facility

to operate without a response plan approved under this paragraph,

until not later than 2 years after the date of the submission to

the President of a plan for the tank vessel or facility, if the

owner or operator certifies that the owner or operator has

ensured by contract or other means approved by the President the

availability of private personnel and equipment necessary to

respond, to the maximum extent practicable, to a worst case

discharge or a substantial threat of such a discharge.

(G) The owner or operator of a tank vessel, offshore facility,

or onshore facility may not claim as a defense to liability under

title I of the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.]

that the owner or operator was acting in accordance with an

approved response plan.

(H) The Secretary shall maintain, in the Vessel Identification

System established under chapter 125 of title 46, the dates of

approval and review of a response plan under this paragraph for

each tank vessel that is a vessel of the United States.

(6) Equipment requirements and inspection

Not later than 2 years after August 18, 1990, the President

shall require -

(A) periodic inspection of containment booms, skimmers,

vessels, and other major equipment used to remove discharges;

and

(B) vessels operating on navigable waters and carrying oil or

a hazardous substance in bulk as cargo to carry appropriate

removal equipment that employs the best technology economically

feasible and that is compatible with the safe operation of the

vessel.

(7) Area drills

The President shall periodically conduct drills of removal

capability, without prior notice, in areas for which Area

Contingency Plans are required under this subsection and under

relevant tank vessel and facility response plans. The drills may

include participation by Federal, State, and local agencies, the

owners and operators of vessels and facilities in the area, and

private industry. The President may publish annual reports on

these drills, including assessments of the effectiveness of the

plans and a list of amendments made to improve plans.

(8) United States Government not liable

The United States Government is not liable for any damages

arising from its actions or omissions relating to any response

plan required by this section.

(k) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18,

1990, 104 Stat. 507

(g742l) Administration

The President is authorized to delegate the administration of

this section to the heads of those Federal departments, agencies,

and instrumentalities which he determines to be appropriate. Each

such department, agency, and instrumentality, in order to avoid

duplication of effort, shall, whenever appropriate, utilize the

personnel, services, and facilities of other Federal departments,

agencies, and instrumentalities.

(m) Administrative provisions

(1) For vessels

Anyone authorized by the President to enforce the provisions of

this section with respect to any vessel may, except as to public

vessels -

(A) board and inspect any vessel upon the navigable waters of

the United States or the waters of the contiguous zone,

(B) with or without a warrant, arrest any person who in the

presence or view of the authorized person violates the

provisions of this section or any regulation issued thereunder,

and

(C) execute any warrant or other process issued by an officer

or court of competent jurisdiction.

(2) For facilities

(A) Recordkeeping

Whenever required to carry out the purposes of this section,

the Administrator or the Secretary of the Department in which

the Coast Guard is operating shall require the owner or

operator of a facility to which this section applies to

establish and maintain such records, make such reports,

install, use, and maintain such monitoring equipment and

methods, and provide such other information as the

Administrator or Secretary, as the case may be, may require to

carry out the objectives of this section.

(B) Entry and inspection

Whenever required to carry out the purposes of this section,

the Administrator or the Secretary of the Department in which

the Coast Guard is operating or an authorized representative of

the Administrator or Secretary, upon presentation of

appropriate credentials, may -

(i) enter and inspect any facility to which this section

applies, including any facility at which any records are

required to be maintained under subparagraph (A); and

(ii) at reasonable times, have access to and copy any

records, take samples, and inspect any monitoring equipment

or methods required under subparagraph (A).

(C) Arrests and execution of warrants

Anyone authorized by the Administrator or the Secretary of

the department in which the Coast Guard is operating to enforce

the provisions of this section with respect to any facility may

-

(i) with or without a warrant, arrest any person who

violates the provisions of this section or any regulation

issued thereunder in the presence or view of the person so

authorized; and

(ii) execute any warrant or process issued by an officer or

court of competent jurisdiction.

(D) Public access

Any records, reports, or information obtained under this

paragraph shall be subject to the same public access and

disclosure requirements which are applicable to records,

reports, and information obtained pursuant to section 1318 of

this title.

(n) Jurisdiction

The several district courts of the United States are invested

with jurisdiction for any actions, other than actions pursuant to

subsection (i)(1) of this section, arising under this section. In

the case of Guam and the Trust Territory of the Pacific Islands,

such actions may be brought in the district court of Guam, and in

the case of the Virgin Islands such actions may be brought in the

district court of the Virgin Islands. In the case of American Samoa

and the Trust Territory of the Pacific Islands, such actions may be

brought in the District Court of the United States for the District

of Hawaii and such court shall have jurisdiction of such actions.

In the case of the Canal Zone, such actions may be brought in the

United States District Court for the District of the Canal Zone.

(g742o) Obligation for damages unaffected; local authority not

preempted; existing Federal authority not modified or affected

(1) Nothing in this section shall affect or modify in any way the

obligations of any owner or operator of any vessel, or of any owner

or operator of any onshore facility or offshore facility to any

person or agency under any provision of law for damages to any

publicly owned or privately owned property resulting from a

discharge of any oil or hazardous substance or from the removal of

any such oil or hazardous substance.

(2) Nothing in this section shall be construed as preempting any

State or political subdivision thereof from imposing any

requirement or liability with respect to the discharge of oil or

hazardous substance into any waters within such State, or with

respect to any removal activities related to such discharge.

(3) Nothing in this section shall be construed as affecting or

modifying any other existing authority of any Federal department,

agency, or instrumentality, relative to onshore or offshore

facilities under this chapter or any other provision of law, or to

affect any State or local law not in conflict with this section.

(p) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(4), Aug. 18,

1990, 104 Stat. 507

(q) Establishment of maximum limit of liability with respect to

onshore or offshore facilities

The President is authorized to establish, with respect to any

class or category of onshore or offshore facilities, a maximum

limit of liability under subsections (f)(2) and (3) of this section

of less than $50,000,000, but not less than $8,000,000.

(r) Liability limitations not to limit liability under other

legislation

Nothing in this section shall be construed to impose, or

authorize the imposition of, any limitation on liability under the

Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the

Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.].

(s) Oil Spill Liability Trust Fund

The Oil Spill Liability Trust Fund established under section 9509

of title 26 shall be available to carry out subsections (b), (c),

(d), (j), and (l) of this section as those subsections apply to

discharges, and substantial threats of discharges, of oil. Any

amounts received by the United States under this section shall be

deposited in the Oil Spill Liability Trust Fund.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 311, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 862; amended Pub. L.

93-207, Sec. 1(4), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217,

Secs. 57, 58(a)-(g), (i), (k)-(m), Dec. 27, 1977, 91 Stat.

1593-1596; Pub. L. 95-576, Sec. 1(b), Nov. 2, 1978, 92 Stat. 2467;

Pub. L. 96-478, Sec. 13(b), Oct. 21, 1980, 94 Stat. 2303; Pub. L.

96-483, Sec. 8, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 96-561, title

II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97-164,

title I, Sec. 161(5), Apr. 2, 1982, 96 Stat. 49; Pub. L. 100-4,

title V, Sec. 502(b), Feb. 4, 1987, 101 Stat. 75; Pub. L. 101-380,

title II, Sec. 2002(b), title IV, Secs. 4201(a), (b), (b)[(c)],

4202(a), (c), 4204, 4301(a), (b), 4305, 4306, Aug. 18, 1990, 104

Stat. 507, 523-527, 532, 533, 540, 541; Pub. L. 102-388, title III,

Sec. 349, Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102-572, title IX,

Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-208,

div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,

1996, 110 Stat. 3009, 3009-41; Pub. L. 104-324, title XI, Secs.

1143, 1144, Oct. 19, 1996, 110 Stat. 3992; Pub. L. 105-383, title

IV, Sec. 411, Nov. 13, 1998, 112 Stat. 3432.)

-REFTEXT-

REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to in subsecs.

(b)(1), (2)(A), (3) and (r), is act Aug. 7, 1953, ch. 345, 67 Stat.

462, as amended, which is classified generally to subchapter III

(Sec. 1331 et seq.) of chapter 29 of Title 43, Public Lands. For

complete classification of this Act to the Code, see Short Title

note set out under section 1331 of Title 43 and Tables.

The Deepwater Port Act of 1974, referred to in subsecs. (b)(1),

(2)(A), (3) and (r), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat.

2126, as amended, which is classified generally to chapter 29 (Sec.

1501 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1501 of

this title and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (b)(1), (2)(A), (3), is Pub. L. 94-265, Apr.

13, 1976, 90 Stat. 331, as amended, which is classified principally

to chapter 38 (Sec. 1801 et seq.) of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 1801 of Title 16 and Tables.

The date of enactment of this paragraph, referred to in subsec.

(b)(2)(B), probably means the date of enactment of Pub. L. 95-576,

which amended subsec. (b)(2)(B) and which was approved Nov. 2,

1978.

The penalty enacted in subclause (bb) of clause (iii) of

subparagraph (B) of subsection (b)(2) of section 311 of Public Law

92-500, referred to in subsec. (b)(2)(B), probably means the

penalty provision of subsec. (b)(2)(B)(iii)(bb) of this section as

added by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 864, prior

to the amendment to subsec. (b)(2)(B) by section 1(b)(3) of Pub. L.

95-576. Prior to amendment, subsec. (b)(2)(B)(iii)(bb) read as

follows: "a penalty determined by the number of units discharged

multiplied by the amount established for such unit under clause

(iv) of this subparagraph, but such penalty shall not be more than

$5,000,000 in the case of a discharge from a vessel and $500,000 in

the case of a discharge from an onshore or offshore facility."

Section 313 of title 46, Appendix, referred to in subsec.

(b)(12)(B), was repealed by Pub. L. 103-182, title VI, Sec.

690(a)(21), Dec. 8, 1993, 107 Stat. 2223.

Section 1443 of title 19, referred to in subsec. (b)(12)(C), was

repealed by Pub. L. 103-182, title VI, Sec. 690(b)(6), Dec. 8,

1993, 107 Stat. 2223.

The Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, referred to in subsec. (c)(4)(B)(ii), is

Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is

classified principally to chapter 103 (Sec. 9601 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

9601 of Title 42 and Tables.

The Oil Pollution Act of 1990, referred to in subsecs. (c)(5)(B),

(d)(2)(H), and (j)(5)(G), is Pub. L. 101-380, Aug. 18, 1990, 104

Stat. 484, which is classified principally to chapter 40 (Sec. 2701

et seq.) of this title. Title I of the Act is classified generally

to subchapter I (Sec. 2701 et seq.) of chapter 40 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 2701 of this title and Tables.

-COD-

CODIFICATION

August 18, 1990, referred to in subsec. (j)(6), was in the

original "the date of enactment of this section", which was

translated as meaning the date of enactment of Pub. L. 101-380,

which enacted subsec. (j)(2) to (8), to reflect the probable intent

of Congress.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-383, Sec. 411(b), substituted

", (C)" for "and (C)" and inserted ", and (D) discharges incidental

to mechanical removal authorized by the President under subsection

(c) of this section" before semicolon at end.

Subsec. (a)(8). Pub. L. 105-383, Sec. 411(a)(1), substituted "to

prevent, minimize, or mitigate damage" for "to minimize or mitigate

damage".

Subsec. (a)(25). Pub. L. 105-383, Sec. 411(a)(2), added par.

(25).

Subsec. (c)(4)(A). Pub. L. 105-383, Sec. 411(a)(3), inserted

"relating to a discharge or a substantial threat of a discharge of

oil or a hazardous substance" before period at end.

1996 - Subsec. (b)(1), (2)(A), (3). Pub. L. 104-208 substituted

"Magnuson-Stevens Fishery" for "Magnuson Fishery" wherever

appearing.

Subsec. (c)(3)(B). Pub. L. 104-324, Sec. 1144, inserted ", except

that the owner or operator may deviate from the applicable response

plan if the President or the Federal On-Scene Coordinator

determines that deviation from the response plan would provide for

a more expeditious or effective response to the spill or mitigation

of its environmental effects" before period at end.

Subsec. (j)(2)(A). Pub. L. 104-324, Sec. 1143(1), inserted "and

of information regarding previous spills, including data from

universities, research institutions, State governments, and other

nations, as appropriate, which shall be disseminated as appropriate

to response groups and area committees, and" after "paragraph

(4),".

Subsec. (j)(4)(C)(v). Pub. L. 104-324, Sec. 1143(2), inserted

"compile a list of local scientists, both inside and outside

Federal Government service, with expertise in the environmental

effects of spills of the types of oil typically transported in the

area, who may be contacted to provide information or, where

appropriate, participate in meetings of the scientific support team

convened in response to a spill, and" before "describe".

1992 - Subsec. (b)(12). Pub. L. 102-388 added par. (12).

Subsec. (i). Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1990 - Subsec. (a)(8). Pub. L. 101-380, Sec. 4201(b)(1)[(c)(1)],

inserted "containment and" after "refers to".

Subsec. (a)(16). Pub. L. 101-380, Sec. 4201(b)(2)[(c)(2)],

substituted semicolon for period at end.

Subsec. (a)(17). Pub. L. 101-380, Sec. 4201(b)(3)[(c)(3)],

substituted "otherwise" for "Otherwise" and semicolon for period at

end.

Subsec. (a)(18) to (24). Pub. L. 101-380, Sec.

4201(b)(4)[(c)(4)], added pars. (18) to (24).

Subsec. (b)(4). Pub. L. 101-380, Sec. 4204, inserted "or the

environment" after "the public health or welfare".

Subsec. (b)(5). Pub. L. 101-380, Sec. 4301(a), inserted after

first sentence "The Federal agency shall immediately notify the

appropriate State agency of any State which is, or may reasonably

be expected to be, affected by the discharge of oil or a hazardous

substance.", substituted "fined in accordance with title 18, United

States Code, or imprisoned for not more than 5 years, or both" for

"fined not more than $10,000, or imprisoned for not more than one

year, or both", struck out "or information obtained by the

exploitation of such notification" before "shall not be used", and

inserted "natural" before "person in any".

Subsec. (b)(6) to (11). Pub. L. 101-380, Sec. 4301(b), added

pars. (6) to (11) and struck out former par. (6) which related to

assessment of civil penalties, limited to $5,000 for each offense,

against any owner, operator, or person in charge of any onshore or

offshore facility from which oil or a hazardous substance was

discharged in violation of par. (3).

Subsec. (c). Pub. L. 101-380, Sec. 4201(a), amended subsec. (c)

generally, substituting present provisions for provisions

authorizing President to arrange for removal of discharge of oil or

a hazardous substance into or upon the navigable waters of the

U.S., unless he determined such removal would be properly conducted

by owner or operator of the vessel causing discharge, and directed

President to prepare and publish a National Contingency Plan within

60 days after October 18, 1972.

Subsec. (d). Pub. L. 101-380, Sec. 4201(b), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

"Whenever a marine disaster in or upon the navigable waters of the

United States has created a substantial threat of a pollution

hazard to the public health or welfare of the United States,

including, but not limited to, fish, shellfish, and wildlife and

the public and private shorelines and beaches of the United States,

because of a discharge, or an imminent discharge, of large

quantities of oil, or of a hazardous substance from a vessel the

United States may (A) coordinate and direct all public and private

efforts directed at the removal or elimination of such threat; and

(B) summarily remove, and, if necessary, destroy such vessel by

whatever means are available without regard to any provisions of

law governing the employment of personnel or the expenditure of

appropriated funds. Any expense incurred under this subsection or

under the Intervention on the High Seas Act (or the convention

defined in section 2(3) thereof) shall be a cost incurred by the

United States Government for the purposes of subsection (f) of this

section in the removal of oil or hazardous substance."

Subsec. (e). Pub. L. 101-380, Sec. 4306, amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "In

addition to any other action taken by a State or local government,

when the President determines there is an imminent and substantial

threat to the public health or welfare of the United States,

including, but not limited to, fish, shellfish, and wildlife and

public and private property, shorelines, and beaches within the

United States, because of an actual or threatened discharge of oil

or hazardous substance into or upon the navigable waters of the

United States from an onshore or offshore facility, the President

may require the United States attorney of the district in which the

threat occurs to secure such relief as may be necessary to abate

such threat, and the district courts of the United States shall

have jurisdiction to grant such relief as the public interest and

the equities of the case may require."

Subsec. (i). Pub. L. 101-380, Sec. 2002(b)(1), struck out par.

(1) designation before "In any case" and struck out pars. (2) and

(3) which read as follows:

"(2) The provisions of this subsection shall not apply in any

case where liability is established pursuant to the Outer

Continental Shelf Lands Act, or the Deepwater Port Act of 1974.

"(3) Any amount paid in accordance with a judgment of the United

States Claims Court pursuant to this section shall be paid from the

funds established pursuant to subsection (k) of this section."

Subsec. (j). Pub. L. 101-380, Sec. 4202(a), amended heading,

inserted heading for par. (1) and realigned its margin, added pars.

(2) to (8), and struck out former par. (2) which read as follows:

"Any owner or operator of a vessel or an onshore facility or an

offshore facility and any other person subject to any regulation

issued under paragraph (1) of this subsection who fails or refuses

to comply with the provisions of any such regulations, shall be

liable to a civil penalty of not more than $5,000 for each such

violation. This paragraph shall not apply to any owner or operator

of any vessel from which oil or a hazardous substance is discharged

in violation of paragraph (3)(ii) of subsection (b) of this section

unless such owner, operator, or person in charge is otherwise

subject to the jurisdiction of the United States. Each violation

shall be a separate offense. The President may assess and

compromise such penalty. No penalty shall be assessed until the

owner, operator, or other person charged shall have been given

notice and an opportunity for a hearing on such charge. In

determining the amount of the penalty, or the amount agreed upon in

compromise, the gravity of the violation, and the demonstrated good

faith of the owner, operator, or other person charged in attempting

to achieve rapid compliance, after notification of a violation,

shall be considered by the President."

Subsec. (k). Pub. L. 101-380, Sec. 2002(b)(2), struck out subsec.

(k) which authorized appropriations and supplemental appropriations

to create and maintain a revolving fund to carry out subsecs. (c),

(d), (i), and (l) of this section.

Subsec. (l). Pub. L. 101-380, Sec. 2002(b)(3), struck out after

first sentence "Any moneys in the fund established by subsection

(k) of this section shall be available to such Federal departments,

agencies, and instrumentalities to carry out the provisions of

subsections (c) and (i) of this section."

Subsec. (m). Pub. L. 101-380, Sec. 4305, amended subsec. (m)

generally. Prior to amendment, subsec. (m) read as follows: "Anyone

authorized by the President to enforce the provisions of this

section may, except as to public vessels, (A) board and inspect any

vessel upon the navigable waters of the United States or the waters

of the contiguous zone, (B) with or without a warrant arrest any

person who violates the provisions of this section or any

regulation issued thereunder in his presence or view, and (C)

execute any warrant or other process issued by an officer or court

of competent jurisdiction."

Subsec. (o)(2). Pub. L. 101-380, Sec. 4202(c), inserted ", or

with respect to any removal activities related to such discharge"

after "within such State".

Subsec. (p). Pub. L. 101-380, Sec. 2002(b)(4), struck out subsec.

(p) which provided for establishment and maintenance of evidence of

financial responsibility by vessels over 300 gross tons carrying

oil or hazardous substances.

Subsec. (s). Pub. L. 101-380, Sec. 2002(b)(5), added subsec. (s).

1987 - Subsec. (a)(5). Pub. L. 100-4 substituted "the

Commonwealth of the Northern Mariana Islands" for "the Canal Zone".

1982 - Subsec. (i)(1), (3). Pub. L. 97-164 substituted "Claims

Court" for "Court of Claims".

1980 - Subsec. (b)(1), (2)(A), (3). Pub. L. 96-561 substituted

"Magnuson Fishery Conservation and Management Act" for "Fishery

Conservation and Management Act of 1976".

Subsec. (b)(3)(A). Pub. L. 96-478 struck out "of oil" after "in

the case of such discharges" and substituted "Protocol of 1978

Relating to the International Convention for the Prevention of

Pollution from Ships, 1973" for "International Convention for the

Prevention of Pollution of the Sea by Oil, 1954, as amended".

Subsec. (c)(1). Pub. L. 96-561 substituted "Magnuson Fishery

Conservation and Management Act" for "Fishery Conservation and

Management Act of 1976".

Subsec. (k). Pub. L. 96-483 designated existing provisions as

par. (1) and added par. (2).

1978 - Subsec. (a)(2). Pub. L. 95-576, Sec. 1(b)(1), excluded

discharges described in cls. (A) to (C) from term "discharge".

Subsec. (a)(17). Pub. L. 95-576, Sec. 1(b)(2), added par. (17).

Subsec. (b)(2)(B). Pub. L. 95-576, Sec. 1(b)(3), substituted

requirement that a study be made respecting methods, mechanisms,

and procedures for creating incentives to achieve higher standard

of care in management and movement of hazardous substances,

including consideration of enumerated items, and a report made to

Congress within 18 months after Nov. 2, 1978, for provisions

concerning actual removability of any designated hazardous

substance, liability during two year period commencing Oct. 18,

1972 based on toxicity, degradability, and dispersal

characteristics of the substance limited to $50,000 and without

limitation in cases of willful negligence or willful misconduct,

liability after such two year period ranging from $500 to $5,000

based on toxicity, etc., or liability for penalty determined by

number of units discharged multiplied by amount established for the

unit limited to $5,000,000 in the case of a discharge from a vessel

and to $500,000 in the case of a discharge from onshore or offshore

facility, establishment by regulation of a unit of measurement

based upon the usual trade practice for each designated hazardous

substance and establishment for such unit a fixed monetary amount

ranging from $100 to $1,000 based on toxicity, etc.

Subsec. (b)(3). Pub. L. 95-576, Sec. 1(b)(4), substituted "such

quantities as may be harmful" for "harmful quantities".

Subsec. (b)(4). Pub. L. 95-576, Sec. 1(b)(5), struck out ", to be

issued as soon as possible after October 18, 1972," after

"regulation" and substituted "substances" for "substance" and

"discharge of which may be harmful" for "discharge of which, at

such times, locations, circumstances, and conditions, will be

harmful".

Subsec. (b)(5). Pub. L. 95-576, Sec. 1(b)(6), inserted "at the

time of the discharge" after "otherwise subject to the jurisdiction

of the United States".

Subsec. (b)(6)(A) to (E). Pub. L. 95-576, Sec. 1(b)(7),

designated existing provisions as subpar. (A), inserted "at the

time of the discharge" after "jurisdiction of the United States",

and added subpars. (B) to (E).

1977 - Subsec. (a)(11). Pub. L. 95-217, Sec. 58(k), inserted ",

and any facility of any kind which is subject to the jurisdiction

of the United States and is located in, on, or under any other

waters," after "United States".

Subsec. (a)(15), (16). Pub. L. 95-217, Sec. 58(d)(1), added pars.

(15) and (16).

Subsec. (b)(1). Pub. L. 95-217, Sec. 58(a)(1), inserted reference

to activities under the Outer Continental Shelf Lands Act or the

Deepwater Port Act of 1974, or which may affect natural resources

belonging to, appertaining to, or under the exclusive management

authority of the United States (including resources under the

Fishery Conservation and Management Act of 1976).

Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 58(a)(2), inserted

reference to activities under the Outer Continental Shelf Lands Act

or the Deepwater Port Act of 1974, or which may affect natural

resources belonging to, appertaining to, or under the exclusive

management authority of the United States (including resources

under the Fishery Conservation and Management Act of 1976).

Subsec. (b)(2)(B)(v). Pub. L. 95-217, Sec. 57, added cl. (v).

Subsec. (b)(3). Pub. L. 95-217, Sec. 58(a)(3), (4), designated

part of existing provisions preceding cl. (A) as cl. (i) and added

cl. (ii), and, in cl. (A), inserted "or which may affect natural

resources belonging to, appertaining to, or under the exclusive

management authority of the United States (including resources

under the Fishery Conservation and Management Act of 1976)" after

"waters of the contiguous zone" and struck out "article IV of"

before "the International Convention for the Prevention of

Pollution of the Sea by Oil, 1954".

Subsec. (b)(4). Pub. L. 95-217, Sec. 58(a)(5), struck out

provisions under which, in the case of the discharge of oil into or

upon the waters of the contiguous zone, only those discharges which

threatened the fishery resources of the contiguous zone or

threatened to pollute or contribute to the pollution of the

territory or the territorial sea of the United States could be

determined to be harmful.

Subsec. (b)(5). Pub. L. 95-217, Sec. 58(a)(6), added cls. (A),

(B), and (C) between "Any such person" and "who fails to notify".

Subsec. (b)(6). Pub. L. 95-217, Sec. 58(a)(7), (8), substituted

"Any owner, operator, or person in charge of any onshore facility,

or offshore facility" for "Any owner or operator of any vessel,

onshore facility, or offshore facility" in provision relating to

violations of par. (3) of this subsection, and inserted provisions

directing the assessment of a civil penalty of not more than $5,000

for each offense by the Secretary of the department in which the

Coast Guard is operating to be assessed against any owner,

operator, or person in charge of any vessel from which oil or a

hazardous substance is discharged in violation of paragraph (3)(i)

of this subsection, and any owner, operator, or person in charge of

a vessel from which oil or a hazardous substance is discharged in

violation of paragraph (3)(ii) who is otherwise subject to the

jurisdiction of the United States.

Subsec. (c)(1). Pub. L. 95-217, Sec. 58(b), (c)(1), inserted "or

there is a substantial threat of such discharge," after "Whenever

any oil or a hazardous substance is discharged," and "or in

connection with activities under the Outer Continental Shelf Lands

Act or the Deepwater Port Act of 1974, or which may affect natural

resources belonging to, appertaining to, or under the exclusive

management authority of the United States (including resources

under the Fishery Conservation and Management Act of 1976)" after

"waters of the contiguous zone,".

Subsec. (c)(2)(D). Pub. L. 95-217, Sec. 58(e), substituted "and

imminent threats of such discharges to the appropriate State and

Federal agencies;" for "to the appropriate Federal agency;".

Subsec. (d). Pub. L. 95-217, Sec. 58(c)(2), inserted "or under

the Intervention on the High Seas Act (or the convention defined in

section 2(3) thereof)" after "Any expense incurred under this

subsection".

Subsec. (f)(1). Pub. L. 95-217, Sec. 58(d)(2), substituted ", in

the case of an inland oil barge $125 per gross ton of such barge,

or $125,000, whichever is greater, and in the case of any other

vessel, $150 per gross ton of such vessel (or, for a vessel

carrying oil or hazardous substances as cargo, $250,000), whichever

is greater," for "$100 per gross ton of such vessel or $14,000,000,

whichever is lesser,".

Subsec. (f)(2), (3). Pub. L. 95-217, Sec. 58(d)(5), (6),

substituted "$50,000,000" for "$8,000,000".

Subsec. (f)(4), (5). Pub. L. 95-217, Sec. 58(g), added pars. (4)

and (5).

Subsec. (g). Pub. L. 95-217, Sec. 58(d)(3), (f), substituted ",

in the case of an inland oil barge $125 per gross ton of such

barge, or $125,000, whichever is greater, and in the case of any

other vessel, $150 per gross ton of such vessel (or, for a vessel

carrying oil or hazardous substances as cargo, $250,000), whichever

is greater" for "$100 per gross ton of such vessel or $14,000,000,

whichever is the lesser" in the existing provisions and inserted

provision under which, where the owner or operator of a vessel

(other than an inland oil barge) carrying oil or hazardous

substances as cargo or an onshore or offshore facility which

handles or stores oil or hazardous substances in bulk, from which

oil or a hazardous substance is discharged in violation of subsec.

(b) of this section, alleges that the discharge was caused solely

by an act or omission of a third party, the owner or operator must

pay to the United States Government the actual costs incurred under

subsec. (c) of this section for removal of the oil or substance and

shall be entitled by subrogation to all rights of the United States

Government to recover the costs from the third party under this

subsection.

Subsec. (i)(2). Pub. L. 95-217, Sec. 58(m), inserted reference to

the Deepwater Port Act of 1974.

Subsec. (j)(2). Pub. L. 95-217, Sec. 58(c)(3), inserted provision

that subsec. (j)(2) shall not apply to any owner or operator of any

vessel from which oil or a hazardous substance is discharged in

violation of subsec. (b)(3)(ii) of this section unless the owner,

operator, or person in charge is otherwise subject to the

jurisdiction of the United States.

Subsec. (k). Pub. L. 95-217, Sec. 58(l), substituted "such sums

as may be necessary to maintain such fund at a level of

$35,000,000" for "not to exceed $35,000,000".

Subsec. (p)(1). Pub. L. 95-217, Sec. 58(d)(4), substituted ", in

the case of an inland oil barge $125 per gross ton of such barge,

or $125,000, whichever is greater, and in the case of any other

vessel, $150 per gross ton of such vessel (or, for a vessel

carrying oil or hazardous substances as cargo, $250,000), whichever

is greater," for "$100 per gross ton, or $14,000,000 whichever is

the lesser,".

Subsecs. (q), (r). Pub. L. 95-217, Sec. 58(i), added subsecs. (q)

and (r).

1973 - Subsec. (f). Pub. L. 93-207, Sec. 1(4)(A), (B),

substituted "(b)(3)" for "(b)(2)" wherever appearing in pars. (1)

to (3), and substituted "Administrator" for "Secretary" in last

sentence of par. (2).

Subsecs. (g), (i). Pub. L. 93-207, Sec. 1(4)(C), substituted

"(b)(3)" for "(b)(2)" wherever appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

Amendment by Pub. L. 96-478 effective Oct. 2, 1983, see section

14(a) of Pub. L. 96-478, set out as an Effective Date note under

section 1901 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 58(h) of Pub. L. 95-217 provided that: "The amendments

made by paragraphs (5) and (6) of subsection (d) of this section

[amending this section] shall take effect 180 days after the date

of enactment of the Clean Water Act of 1977 [Dec. 27, 1977]."

-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

spill prevention, containment and countermeasure plans 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.

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.

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-MISC2-

REPORT ON OIL SPILL RESPONDER IMMUNITY

Pub. L. 107-295, title IV, Sec. 440, Nov. 25, 2002, 116 Stat.

2130, provided that:

"(a) Report to Congress. - Not later than January 1, 2004, the

Secretary of the department in which the Coast Guard is operating,

jointly with the Secretary of Commerce and the Secretary of the

Interior, and after consultation with the Administrator of the

Environmental Protection Agency and the Attorney General, shall

submit a report to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives on the immunity

from criminal and civil penalties provided under existing law of a

private responder (other than a responsible party) in the case of

the incidental take of federally listed fish or wildlife that

results from, but is not the purpose of, carrying out an otherwise

lawful activity conducted by that responder during an oil spill

removal activity where the responder was acting in a manner

consistent with the National Contingency Plan or as otherwise

directed by the Federal On-Scene Coordinator for the spill, and on

the circumstances under which such penalties have been or could be

imposed on a private responder. The report shall take into

consideration the procedures under the Inter-Agency Memorandum for

addressing incidental takes.

"(b) Definitions. - In this section -

"(1) the term 'Federal On-Scene Coordinator' has the meaning

given that term in section 311 of the Federal Water Pollution

Control Act (33 U.S.C. 1321);

"(2) the term 'incidental take' has the meaning given that term

in the Inter-Agency Memorandum;

"(3) the term 'Inter-Agency Memorandum' means the Inter-Agency

Memorandum of Agreement Regarding Oil Spill Planning and Response

Activities under the Federal Water Pollution Control Act's

National Oil and Hazardous Substances Pollution Contingency Plan

and the Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.],

effective on July 22, 2001;

"(4) the terms 'National Contingency Plan', 'removal', and

'responsible party' have the meanings given those terms under

section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701);

and

"(5) the term 'private responder' means a nongovernmental

entity or individual that is carrying out an oil spill removal

activity at the direction of a Federal agency or a responsible

party."

OIL SPILL LIABILITY UNDER OIL POLLUTION ACT OF 1990

Section 2002(a) of Pub. L. 101-380 provided that: "Subsections

(f), (g), (h), and (i) of section 311 of the Federal Water

Pollution Control Act (33 U.S.C. 1321) shall not apply with respect

to any incident for which liability is established under section

1002 of this Act [33 U.S.C. 2702]."

TRANSFER OF MONEYS TO OIL SPILL LIABILITY TRUST FUND

Section 2002(b)(2) of Pub. L. 101-380 provided that: "Subsection

(k) [of this section] is repealed. Any amounts remaining in the

revolving fund established under that subsection shall be deposited

in the [Oil Spill Liability Trust] Fund. The Fund shall assume all

liability incurred by the revolving fund established under that

subsection."

REVISION OF NATIONAL CONTINGENCY PLAN

Section 4201(c)[(d)] of Pub. L. 101-380 provided that: "Not later

than one year after the date of the enactment of this Act [Aug. 18,

1990], the President shall revise and republish the National

Contingency Plan prepared under section 311(c)(2) of the Federal

Water Pollution Control Act [33 U.S.C. 1321(c)(2)] (as in effect

immediately before the date of the enactment of this Act) to

implement the amendments made by this section and section 4202

[amending this section]."

IMPLEMENTATION OF NATIONAL PLANNING AND RESPONSE SYSTEM

Section 4202(b) of Pub. L. 101-380 provided that:

"(1) Area committees and contingency plans. - (A) Not later than

6 months after the date of the enactment of this Act [Aug. 18,

1990], the President shall designate the areas for which Area

Committees are established under section 311(j)(4) of the Federal

Water Pollution Control Act [33 U.S.C. 1321(j)(4)], as amended by

this Act. In designating such areas, the President shall ensure

that all navigable waters, adjoining shorelines, and waters of the

exclusive economic zone are subject to an Area Contingency Plan

under that section.

"(B) Not later than 18 months after the date of the enactment of

this Act, each Area Committee established under that section shall

submit to the President the Area Contingency Plan required under

that section.

"(C) Not later than 24 months after the date of the enactment of

this Act, the President shall -

"(i) promptly review each plan;

"(ii) require amendments to any plan that does not meet the

requirements of section 311(j)(4) of the Federal Water Pollution

Control Act; and

"(iii) approve each plan that meets the requirements of that

section.

"(2) National response unit. - Not later than one year after the

date of the enactment of this Act, the Secretary of the department

in which the Coast Guard is operating shall establish a National

Response Unit in accordance with section 311(j)(2) of the Federal

Water Pollution Control Act, as amended by this Act.

"(3) Coast guard district response groups. - Not later than 1

year after the date of the enactment of this Act, the Secretary of

the department in which the Coast Guard is operating shall

establish Coast Guard District Response Groups in accordance with

section 311(j)(3) of the Federal Water Pollution Control Act, as

amended by this Act.

"(4) Tank vessel and facility response plans; transition

provision; effective date of prohibition. - (A) Not later than 24

months after the date of the enactment of this Act, the President

shall issue regulations for tank vessel and facility response plans

under section 311(j)(5) of the Federal Water Pollution Control Act,

as amended by this Act.

"(B) During the period beginning 30 months after the date of the

enactment of this paragraph [Aug. 18, 1990] and ending 36 months

after that date of enactment, a tank vessel or facility for which a

response plan is required to be prepared under section 311(j)(5) of

the Federal Water Pollution Control Act, as amended by this Act,

may not handle, store, or transport oil unless the owner or

operator thereof has submitted such a plan to the President.

"(C) Subparagraph (E) of section 311(j)(5) of the Federal Water

Pollution Control Act, as amended by this Act, shall take effect 36

months after the date of the enactment of this Act."

DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND

Penalties paid pursuant to this section and sections 1319(c) and

1501 et seq. of this title to be deposited in the Oil Spill

Liability Trust Fund created under section 9509 of Title 26,

Internal Revenue Code, see section 4304 of Pub. L. 101-380, set out

as a note under section 9509 of Title 26.

ALLOWABLE DELAY IN ESTABLISHING FINANCIAL RESPONSIBILITY FOR

INCREASE IN AMOUNTS UNDER 1977 AMENDMENT

Section 58(j) of Pub. L. 95-217 provided that: "No vessel subject

to the increased amounts which result from the amendments made by

subsections (d)(2), (d)(3), and (d)(4) of this section [amending

this section] shall be required to establish any evidence of

financial responsibility under section 311(p) of the Federal Water

Pollution Control Act [subsec. (p) of this section] for such

increased amounts before October 1, 1978."

-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.

EXECUTIVE ORDER NO. 11735

Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, as amended by

Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which assigned

functions of the President regarding water pollution, was revoked

by Ex. Ord. No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R. 54769, set

out below.

EXECUTIVE ORDER NO. 12418

Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which transferred

certain functions relating to the financial responsibility of

vessels for water pollution and established authority of Federal

agencies to respond to discharges or substantial threats of

discharges of oil and hazardous substances, was revoked by Ex. Ord.

No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R. 54769, set out below.

EX. ORD. NO. 12777. IMPLEMENTATION OF THIS SECTION AND OIL

POLLUTION ACT OF 1990

Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, as amended by

Ex. Ord. No. 13286, Sec. 34, Feb. 28, 2003, 68 F.R. 10625,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Section 311

of the Federal Water Pollution Control Act, ("FWPCA") (33 U.S.C.

1321), as amended by the Oil Pollution Act of 1990 (Public Law

101-380) ("OPA"), and by Section 301 of Title 3 of the United

States Code, it is hereby ordered as follows:

Section 1. National Contingency Plan, Area Committees, and Area

Contingency Plans. (a) Section 1 of Executive Order No. 12580 of

January 23, 1987 [42 U.S.C. 9615 note], is amended to read as

follows:

"Section 1. National Contingency Plan. (a)(1) The National

Contingency Plan ("the NCP"), shall provide for a National Response

Team ("the NRT") composed of representatives of appropriate Federal

departments and agencies for national planning and coordination of

preparedness and response actions, and Regional Response Teams as

the regional counterparts to the NRT for planning and coordination

of regional preparedness and response actions.

"(2) The following agencies (in addition to other appropriate

agencies) shall provide representatives to the National and

Regional Response Teams to carry out their responsibilities under

the NCP: Department of State, Department of Defense, Department of

Justice, Department of the Interior, Department of Agriculture,

Department of Commerce, Department of Labor, Department of Health

and Human Services, Department of Transportation, Department of

Energy, Environmental Protection Agency, Federal Emergency

Management Agency, United States Coast Guard, and the Nuclear

Regulatory Commission.

"(3) Except for periods of activation because of response action,

the representative of the Environmental Protection Agency ("EPA")

shall be the chairman, and the representative of the United States

Coast Guard shall be the vice chairman, of the NRT and these

agencies' representatives shall be co-chairs of the Regional

Response Teams ("the RRTs"). When the NRT or an RRT is activated

for a response action, the EPA representative shall be the chairman

when the release or threatened release or discharge or threatened

discharge occurs in the inland zone, and the United States Coast

Guard representative shall be the chairman when the release or

threatened release or discharge or threatened discharge occurs in

the coastal zone, unless otherwise agreed upon by the EPA and the

United States Coast Guard representatives (inland and coastal zones

are defined in the NCP).

"(4) The RRTs may include representatives from State governments,

local governments (as agreed upon by the States), and Indian tribal

governments. Subject to the functions and authorities delegated to

Executive departments and agencies in other sections of this order,

the NRT shall provide policy and program direction to the RRTs.

"(b)(1) The responsibility for the revision of the NCP and all

the other functions vested in the President by Sections 105(a),

(b), (c), and (g), 125, and 301(f) of the Act, by Section 311(d)(1)

of the Federal Water Pollution Control Act, and by Section 4201(c)

of the Oil Pollution Act of 1990 is delegated to the Administrator

of the Environmental Protection Agency ("the Administrator").

"(2) The function vested in the President by Section 118(p) of

the Superfund Amendments and Reauthorization Act of 1986 (Pub. L.

99-499) ("SARA") is delegated to the Administrator.

"(c) In accord with Section 107(f)(2)(A) of the Act, Section

311(f)(5) of the Federal Water Pollution Control Act, as amended

(33 U.S.C. 1321(f)(5)), and Section 1006(b)(1) and (2) of the Oil

Pollution Act of 1990, the following shall be among those

designated in the NCP as Federal trustees for natural resources:

["](1) Secretary of Defense;

["](2) Secretary of the Interior;

["](3) Secretary of Agriculture;

["](4) Secretary of Commerce;

["](5) Secretary of Energy.

["]In the event of a spill, the above named Federal trustees for

natural resources shall designate one trustee to act as Lead

Administrative Trustee, the duties of which shall be defined in the

regulations promulgated pursuant to Section 1006(e)(1) of OPA. If

there are natural resource trustees other than those designated

above which are acting in the event of a spill, those other

trustees may join with the Federal trustees to name a Lead

Administrative Trustee which shall exercise the duties defined in

the regulations promulgated pursuant to Section 1006(e)(1) of OPA.

"(d) Revisions to the NCP shall be made in consultation with

members of the NRT prior to publication for notice and comment.

"(e) All revisions to the NCP, whether in proposed or final form,

shall be subject to review and approval by the Director of the

Office of Management and Budget ("OMB")."

(b) The functions vested in the President by Section 311(j)(4) of

FWPCA, and Section 4202(b)(1) of OPA [set out as a note above],

respecting the designation of Areas, the appointment of Area

Committee members, the requiring of information to be included in

Area Contingency Plans, and the review and approval of Area

Contingency Plans are delegated to the Administrator of the

Environmental Protection Agency ("Administrator") for the inland

zone and the Secretary of the Department in which the Coast Guard

is operating for the coastal zone (inland and coastal zones are

defined in the NCP).

Sec. 2. National Response System. (a) The functions vested in the

President by Section 311(j)(1)(A) of FWPCA, respecting the

establishment of methods and procedures for the removal of

discharged oil and hazardous substances, and by Section

311(j)(1)(B) of FWPCA respecting the establishment of criteria for

the development and implementation of local and regional oil and

hazardous substance removal contingency plans, are delegated to the

Administrator for the inland zone and the Secretary of the

Department in which the Coast Guard is operating for the coastal

zone.

(b)(1) The functions vested in the President by Section

311(j)(1)(C) of FWPCA, respecting the establishment of procedures,

methods, and equipment and other requirements for equipment to

prevent and to contain discharges of oil and hazardous substances

from non-transportation-related onshore facilities, are delegated

to the Administrator.

(2) The functions vested in the President by Section 311(j)(1)(C)

of FWPCA, respecting the establishment of procedures, methods, and

equipment and other requirements for equipment to prevent and to

contain discharges of oil and hazardous substances from vessels and

transportation-related onshore facilities and deepwater ports

subject to the Deepwater Ports [Port] Act of 1974 ("DPA") [33

U.S.C. 1501 et seq.], are delegated to the Secretary of

Transportation and the Secretary of the Department in which the

Coast Guard is operating.

(3) The functions vested in the President by Section 311(j)(1)(C)

of FWPCA, respecting the establishment of procedures, methods, and

equipment and other requirements for equipment to prevent and to

contain discharges of oil and hazardous substances from offshore

facilities, including associated pipelines, other than deepwater

ports subject to the DPA, are delegated to the Secretary of the

Interior.

(c) The functions vested in the President by Section 311(j)(1)(D)

of FWPCA, respecting the inspection of vessels carrying cargoes of

oil and hazardous substances and the inspection of such cargoes,

are delegated to the Secretary of the Department in which the Coast

Guard is operating.

(d)(1) The functions vested in the President by Section 311(j)(5)

of FWPCA and Section 4202(b)(4) of OPA [set out as a note above],

respecting the issuance of regulations requiring the owners or

operators of non-transportation-related onshore facilities to

prepare and submit response plans, the approval of means to ensure

the availability of private personnel and equipment, the review and

approval of such response plans, and the authorization of

non-transportation-related onshore facilities to operate without

approved response plans, are delegated to the Administrator.

(2) The functions vested in the President by Section 311(j)(5) of

FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of

regulations requiring the owners or operators of tank vessels,

transportation-related onshore facilities and deepwater ports

subject to the DPA, to prepare and submit response plans, the

approval of means to ensure the availability of private personnel

and equipment, the review and approval of such response plans, and

the authorization of tank vessels, transportation-related onshore

facilities and deepwater ports subject to the DPA to operate

without approved response plans, are delegated to the Secretary of

Transportation and the Secretary of the Department in which the

Coast Guard is operating.

(3) The functions vested in the President by Section 311(j)(5) of

FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of

regulations requiring the owners or operators of offshore

facilities, including associated pipelines, other than deepwater

ports subject to the DPA, to prepare and submit response plans, the

approval of means to ensure the availability of private personnel

and equipment, the review and approval of such response plans, and

the authorization of offshore facilities, including associated

pipelines, other than deepwater ports subject to the DPA, to

operate without approved response plans, are delegated to the

Secretary of the Interior.

(e)(1) The functions vested in the President by Section

311(j)(6)(A) of FWPCA, respecting the requirements for periodic

inspections of containment booms and equipment used to remove

discharges at non-transportation-related onshore facilities, are

delegated to the Administrator.

(2) The functions vested in the President by Section 311(j)(6)(A)

of FWPCA, respecting the requirements for periodic inspections of

containment booms and equipment used to remove discharges on

vessels, and at transportation-related onshore facilities and

deepwater ports subject to the DPA, are delegated to the Secretary

of the Department in which the Coast Guard is operating.

(3) The functions vested in the President by Section 311(j)(6)(A)

of FWPCA, respecting the requirements for periodic inspections of

containment booms and equipment used to remove discharges at

offshore facilities, including associated pipelines, other than

deepwater ports subject to the DPA, are delegated to the Secretary

of the Interior.

(f) The functions vested in the President by Section 311(j)(6)(B)

of FWPCA, respecting requirements for vessels to carry appropriate

removal equipment, are delegated to the Secretary of the Department

in which the Coast Guard is operating.

(g)(1) The functions vested in the President by Section 311(j)(7)

of FWPCA, respecting periodic drills of removal capability under

relevant response plans for onshore and offshore facilities located

in the inland zone, and the publishing of annual reports on those

drills, are delegated to the Administrator.

(2) The functions vested in the President by Section 311(j)(7) of

FWPCA, respecting periodic drills of removal capability under

relevant response plans for tank vessels, and for onshore and

offshore facilities located in the coastal zone, and the publishing

of annual reports on those drills, are delegated to the Secretary

of the Department in which the Coast Guard is operating.

(h) No provision of Section 2 of this order, including, but not

limited to, any delegation or assignment of any function hereunder,

shall in any way affect, or be construed or interpreted to affect

the authority of any Department or agency, or the head of any

Department or agency under any provision of law other than Section

311(j) of FWPCA or Section 4202(b)(4) of OPA.

(i) The functions vested in the President by Section 311(j) of

FWPCA or Section 4202(b)(4) of OPA which have been delegated or

assigned by Section 2 of this order may be redelegated to the head

of any Executive department or agency with his or her consent.

Sec. 3. Removal. The functions vested in the President by Section

311(c) of FWPCA and Section 1011 of OPA [33 U.S.C. 2711],

respecting an effective and immediate removal or arrangement for

removal of a discharge and mitigation or prevention of a

substantial threat of a discharge of oil or a hazardous substance,

the direction and monitoring of all Federal, State and private

actions, the removal and destruction of a vessel, the issuance of

directions, consulting with affected trustees, and removal

completion determinations, are delegated to the Administrator for

the inland zone and to the Secretary of the Department in which the

Coast Guard is operating for the coastal zone.

Sec. 4. Liability Limit Adjustment. (a) The functions vested in

the President by Section 1004(d) of OPA [33 U.S.C. 2704(d)],

respecting the establishment of limits of liability, with respect

to classes or categories of non-transportation-related onshore

facilities, the reporting to Congress on the desirability of

adjusting limits of liability with respect to

non-transportation-related onshore facilities, and the adjustment

of limits of liability to reflect significant increases in the

Consumer Price Index with respect to non-transportation-related

onshore facilities, are delegated to the Administrator, acting in

consultation with the Secretary of Transportation, the Secretary of

Energy, and the Attorney General.

(b) The functions vested in the President by Section 1004(d) of

OPA, respecting the establishment of limits of liability, with

respect to classes or categories of transportation-related onshore

facilities, the reporting to Congress on the desirability of

adjusting limits of liability, with respect to vessels or

transportation-related onshore facilities and deepwater ports

subject to the DPA, and the adjustment of limits of liability to

reflect significant increases in the Consumer Price Index with

respect to vessels or transportation-related onshore facilities and

deepwater ports subject to the DPA, are delegated to the Secretary

of Transportation.

(c) The functions vested in the President by Section 1004(d) of

OPA, respecting the reporting to Congress on the desirability of

adjusting limits of liability with respect to offshore facilities,

including associated pipelines, other than deepwater ports subject

to the DPA, and the adjustment of limits of liability to reflect

significant increases in the Consumer Price Index with respect to

offshore facilities, including associated pipelines, other than

deepwater ports subject to the DPA, are delegated to the Secretary

of the Interior.

Sec. 5. Financial Responsibility. (a)(1) The functions vested in

the President by Section 1016(e) of OPA [33 U.S.C. 2716(e)],

respecting (in the case of offshore facilities other than deepwater

ports) the issuance of regulations concerning financial

responsibility, the determination of acceptable methods of

financial responsibility, and the specification of necessary or

unacceptable terms, conditions, or defenses, are delegated to the

Secretary of the Interior.

(2) The functions vested in the President by Section 1016(e) of

OPA, respecting (in the case of deepwater ports) the issuance of

regulations concerning financial responsibility, the determination

of acceptable methods of financial responsibility, and the

specification of necessary or unacceptable terms, conditions, or

defenses, are delegated to the Secretary of the Department in which

the Coast Guard is operating.

(b)(1) The functions vested in the President by Section 4303 of

OPA [33 U.S.C. 2716a], respecting (in cases involving vessels) the

assessment of civil penalties, the compromising, modification or

remission, with or without condition, and the referral for

collection of such imposed penalties, and requests to the Attorney

General to secure necessary judicial relief, are delegated to the

Secretary of the Department in which the Coast Guard is operating.

(2) The functions vested in the President by Section 4303 of OPA,

respecting (in cases involving offshore facilities other than

deepwater ports) the assessment of civil penalties, the

compromising, modification or remission, with or without condition,

and the referral for collection of such imposed penalties, and

requests to the Attorney General to secure necessary judicial

relief, are delegated to the Secretary of the Interior.

(3) The functions vested in the President by Section 4303 of OPA,

respecting (in cases involving deepwater ports) the assessment of

civil penalties, the compromising, modification or remission, with

or without condition, and the referral for collection of such

imposed penalties, and requests to the Attorney General to secure

necessary judicial relief, are delegated to the Secretary of the

Department in which the Coast Guard is operating.

Sec. 6. Enforcement. (a) The functions vested in the President by

Section 311(m)(1) of FWPCA, respecting the enforcement of Section

311 with respect to vessels, are delegated to the Secretary of the

Department in which the Coast Guard is operating.

(b) The functions vested in the President by Section 311(e) of

FWPCA, respecting determinations of imminent and substantial

threat, requesting the Attorney General to secure judicial relief,

and other action including issuing administrative orders, are

delegated to the Administrator for the inland zone and to the

Secretary of the Department in which the Coast Guard is operating

for the coastal zone.

Sec. 7. Management of the Oil Spill Liability Trust Fund and

Claims. (a)(1)(A) The functions vested in the President by Section

1012(a)(1), (3), and (4) of OPA [33 U.S.C. 2712(a)(1), (3), (4)]

respecting payment of removal costs and claims and determining

consistency with the National Contingency Plan (NCP) are delegated

to the Secretary of the Department in which the Coast Guard is

operating.

(B) The functions vested in the President by Section 6002(b) of

the OPA [33 U.S.C. 2752(b)] respecting making amounts, not to

exceed $50,000,000 and subject to normal budget controls, in any

fiscal year, available from the Fund (i) to carry out Section

311(c) of FWPCA, and (ii) to initiate the assessment of natural

resources damages required under Section 1006 of OPA [33 U.S.C.

2706] are delegated to the Secretary of the Department in which the

Coast Guard is operating. Such Secretary shall make amounts

available from the Fund to initiate the assessment of natural

resources damages exclusively to the Federal trustees designated in

the NCP. Such Federal trustees shall allocate such amounts among

all trustees required to assess natural resources damages under

Section 1006 of OPA.

(2) The functions vested in the President by Section 1012(a)(2)

of OPA [33 U.S.C. 2712(a)(2)], respecting the payment of costs and

determining consistency with the NCP, are delegated to the Federal

trustees designated in the NCP.

(3) The functions vested in the President by Section 1012(a)(5)

of OPA, respecting the payment of costs and expenses of departments

and agencies having responsibility for the implementation,

administration, and enforcement of the Oil Pollution Act of 1990

and subsections (b), (c), (d), (j) and (l) of Section 311 of FWPCA,

are delegated to each head of such department and agency.

(b) The functions vested in the President by Section 1012(c) of

OPA, respecting designation of Federal officials who may obligate

money, are delegated to each head of the departments and agencies

to whom functions have been delegated under section 7(a) of this

order for the purpose of carrying out such functions.

(c)(1) The functions vested in the President by Section 1012(d)

and (e) of OPA, respecting the obligation of the Trust Fund on the

request of a Governor or pursuant to an agreement with a State,

entrance into agreements with States, agreement upon terms and

conditions, and the promulgation of regulations concerning such

obligation and entrance into such agreement, are delegated to the

Secretary of the Department in which the Coast Guard is operating,

in consultation with the Administrator.

(2) The functions vested in the President by Section 1013(e) of

OPA [33 U.S.C. 2713(e)], respecting the promulgation and amendment

of regulations for the presentation, filing, processing,

settlement, and adjudication of claims under OPA against the Trust

Fund, are delegated to the Secretary of the Department in which the

Coast Guard is operating, in consultation with the Attorney

General.

(3) The functions vested in the President by Section 1012(a) of

OPA, respecting the payment of costs, damages, and claims,

delegated herein to the Secretary of the Department in which the

Coast Guard is operating, include, inter alia, the authority to

process, settle, and administratively adjudicate such costs,

damages, and claims, regardless of amount.

(d)(1) The Coast Guard is designated the "appropriate agency" for

the purpose of receiving the notice of discharge of oil or

hazardous substances required by Section 311(b)(5) of FWPCA, and

the Secretary of the Department in which the Coast Guard is

operating is authorized to issue regulations implementing this

designation.

(2) The functions vested in the President by Section 1014 of OPA

[33 U.S.C. 2714], respecting designation of sources of discharges

or threats, notification to responsible parties, promulgation of

regulations respecting advertisements, the advertisement of

designation, and notification of claims procedures, are delegated

to the Secretary of the Department in which the Coast Guard is

operating.

Sec. 8. Miscellaneous. (a) The functions vested in the President

by Section 311(b)(3) and (4) of FWPCA, as amended by the Oil

Pollution Act of 1990, respecting the determination of quantities

of oil and any hazardous substances the discharge of which may be

harmful to the public health or welfare or the environment and the

determinations of quantities, time, locations, circumstances, or

conditions, which are not harmful, are delegated to the

Administrator.

(b) The functions vested in the President by Section 311(d)(2)(G)

of FWPCA, respecting schedules of dispersant, chemical, and other

spill mitigating devices or substances, are delegated to the

Administrator.

(c) The functions vested in the President by Section 1006(b)(3)

and (4) of OPA [33 U.S.C. 2706(b)(3), (4)] respecting the receipt

of designations of State and Indian tribe trustees for natural

resources are delegated to the Administrator.

(d) The function vested in the President by Section 3004 of OPA

[104 Stat. 508], with respect to encouraging the development of an

international inventory of equipment and personnel, is delegated to

the Secretary of the Department in which the Coast Guard is

operating, in consultation with the Secretary of State.

(e) The functions vested in the President by Section 4113 of OPA

[104 Stat. 516], respecting a study on the use of liners or other

secondary means of containment for onshore facilities, and the

implementation of the recommendations of the study, are delegated

to the Administrator.

(f) The function vested in the President by Section 5002(c)(2)(D)

of OPA [33 U.S.C. 2732(c)(2)(D)], respecting the designating of an

employee of the Federal Government who shall represent the Federal

Government on the Oil Terminal Facilities and Oil Tanker Operations

Associations, is delegated to the Secretary of the Department in

which the Coast Guard is operating.

(g) The functions vested in the President by Section 5002(o) of

OPA, respecting the annual certification of alternative voluntary

advisory groups, are delegated to the Secretary of the Department

in which the Coast Guard is operating.

(h) The function vested in the President by Section 7001(a)(3) of

OPA [33 U.S.C. 2761(a)(3)], respecting the appointment of Federal

agencies to membership on the Interagency Coordinating Committee on

Oil Pollution Research, is delegated to the Secretary of the

Department in which the Coast Guard is operating.

(i) Executive Order No. 11735 of August 3, 1973, Executive Order

No. 12123 of February 26, 1979, Executive Order No. 12418 of May 5,

1983 and the memorandum of August 24, 1990, delegating certain

authorities of the President under the Oil Pollution Act of 1990

are revoked.

Sec. 9. Consultation. Authorities and functions delegated or

assigned by this order shall be exercised subject to consultation

with the Secretaries of departments and the heads of agencies with

statutory responsibilities which may be significantly affected,

including, but not limited to, the Department of Justice.

Sec. 10. Litigation. (a) Notwithstanding any other provision of

this order, any representation pursuant to or under this order in

any judicial proceedings shall be by or through the Attorney

General. The conduct and control of all litigation arising under

the Oil Pollution Act of 1990 [see Short Title note set out under

section 2701 of this title] shall be the responsibility of the

Attorney General.

(b) Notwithstanding any other provision of this order, the

authority under the Oil Pollution Act of 1990 to require the

Attorney General to commence litigation is retained by the

President.

(c) Notwithstanding any other provision of this order, the

Secretaries of the Departments of Transportation, Commerce,

Interior, Agriculture, the Secretary of the Department in which the

Coast Guard is operating, and/or the Administrator of the

Environmental Protection Agency may request that the Attorney

General commence litigation under the Oil Pollution Act of 1990.

(d) The Attorney General, in his discretion, is authorized to

require that, with respect to a particular oil spill, an agency

refrain from taking administrative enforcement action without first

consulting with the Attorney General.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1266, 1314, 1318, 1319,

1322, 1376, 1402, 2701, 2702, 2703, 2704, 2712, 2735, 2752 of this

title; title 8 section 1288; title 14 section 690; title 26

sections 9507, 9509; title 42 sections 6991b, 7412, 9601, 9602,

9605, 9606, 9607, 9611, 9651, 9652, 9654, 10601; title 43 sections

1356a, 1653, 1656; title 46 sections 2101, 3715.

-FOOTNOTE-

(!1) So in original.

(!2) See References in Text note below.

-End-

-CITE-

33 USC Sec. 1322 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1322. Marine sanitation devices

-STATUTE-

(a) Definitions

For the purpose of this section, the term -

(1) "new vessel" includes every description of watercraft or

other artificial contrivance used, or capable of being used, as a

means of transportation on the navigable waters, the construction

of which is initiated after promulgation of standards and

regulations under this section;

(2) "existing vessel" includes every description of watercraft

or other artificial contrivance used, or capable of being used,

as a means of transportation on the navigable waters, the

construction of which is initiated before promulgation of

standards and regulations under this section;

(3) "public vessel" means a vessel owned or bareboat chartered

and operated by the United States, by a State or political

subdivision thereof, or by a foreign nation, except when such

vessel is engaged in commerce;

(4) "United States" includes the States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, the Canal Zone, and the Trust Territory of

the Pacific Islands;

(5) "marine sanitation device" includes any equipment for

installation on board a vessel which is designed to receive,

retain, treat, or discharge sewage, and any process to treat such

sewage;

(6) "sewage" means human body wastes and the wastes from

toilets and other receptacles intended to receive or retain body

wastes except that, with respect to commercial vessels on the

Great Lakes, such term shall include graywater;

(7) "manufacturer" means any person engaged in the

manufacturing, assembling, or importation of marine sanitation

devices or of vessels subject to standards and regulations

promulgated under this section;

(8) "person" means an individual, partnership, firm,

corporation, association, or agency of the United States, but

does not include an individual on board a public vessel;

(9) "discharge" includes, but is not limited to, any spilling,

leaking, pumping, pouring, emitting, emptying or dumping;

(10) "commercial vessels" means those vessels used in the

business of transporting property for compensation or hire, or in

transporting property in the business of the owner, lessee, or

operator of the vessel;

(11) "graywater" means galley, bath, and shower water;

(12) "discharge incidental to the normal operation of a vessel"

-

(A) means a discharge, including -

(i) graywater, bilge water, cooling water, weather deck

runoff, ballast water, oil water separator effluent, and any

other pollutant discharge from the operation of a marine

propulsion system, shipboard maneuvering system, crew

habitability system, or installed major equipment, such as an

aircraft carrier elevator or a catapult, or from a

protective, preservative, or absorptive application to the

hull of the vessel; and

(ii) a discharge in connection with the testing,

maintenance, and repair of a system described in clause (i)

whenever the vessel is waterborne; and

(B) does not include -

(i) a discharge of rubbish, trash, garbage, or other such

material discharged overboard;

(ii) an air emission resulting from the operation of a

vessel propulsion system, motor driven equipment, or

incinerator; or

(iii) a discharge that is not covered by part 122.3 of

title 40, Code of Federal Regulations (as in effect on

February 10, 1996);

(13) "marine pollution control device" means any equipment or

management practice, for installation or use on board a vessel of

the Armed Forces, that is -

(A) designed to receive, retain, treat, control, or discharge

a discharge incidental to the normal operation of a vessel; and

(B) determined by the Administrator and the Secretary of

Defense to be the most effective equipment or management

practice to reduce the environmental impacts of the discharge

consistent with the considerations set forth in subsection

(n)(2)(B) of this section; and

(14) "vessel of the Armed Forces" means -

(A) any vessel owned or operated by the Department of

Defense, other than a time or voyage chartered vessel; and

(B) any vessel owned or operated by the Department of

Transportation that is designated by the Secretary of the

department in which the Coast Guard is operating as a vessel

equivalent to a vessel described in subparagraph (A).

(b) Federal standards of performance

(1) As soon as possible, after October 18, 1972, and subject to

the provisions of section 1254(j) of this title, the Administrator,

after consultation with the Secretary of the department in which

the Coast Guard is operating, after giving appropriate

consideration to the economic costs involved, and within the limits

of available technology, shall promulgate Federal standards of

performance for marine sanitation devices (hereafter in this

section referred to as "standards") which shall be designed to

prevent the discharge of untreated or inadequately treated sewage

into or upon the navigable waters from new vessels and existing

vessels, except vessels not equipped with installed toilet

facilities. Such standards and standards established under

subsection (c)(1)(B) of this section shall be consistent with

maritime safety and the marine and navigation laws and regulations

and shall be coordinated with the regulations issued under this

subsection by the Secretary of the department in which the Coast

Guard is operating. The Secretary of the department in which the

Coast Guard is operating shall promulgate regulations, which are

consistent with standards promulgated under this subsection and

subsection (c) of this section and with maritime safety and the

marine and navigation laws and regulations governing the design,

construction, installation, and operation of any marine sanitation

device on board such vessels.

(2) Any existing vessel equipped with a marine sanitation device

on the date of promulgation of initial standards and regulations

under this section, which device is in compliance with such initial

standards and regulations, shall be deemed in compliance with this

section until such time as the device is replaced or is found not

to be in compliance with such initial standards and regulations.

(c) Initial standards; effective dates; revision; waiver

(1)(A) Initial standards and regulations under this section shall

become effective for new vessels two years after promulgation; and

for existing vessels five years after promulgation. Revisions of

standards and regulations shall be effective upon promulgation,

unless another effective date is specified, except that no revision

shall take effect before the effective date of the standard or

regulation being revised.

(B) The Administrator shall, with respect to commercial vessels

on the Great Lakes, establish standards which require at a minimum

the equivalent of secondary treatment as defined under section

1314(d) of this title. Such standards and regulations shall take

effect for existing vessels after such time as the Administrator

determines to be reasonable for the upgrading of marine sanitation

devices to attain such standard.

(2) The Secretary of the department in which the Coast Guard is

operating with regard to his regulatory authority established by

this section, after consultation with the Administrator, may

distinguish among classes, type, and sizes of vessels as well as

between new and existing vessels, and may waive applicability of

standards and regulations as necessary or appropriate for such

classes, types, and sizes of vessels (including existing vessels

equipped with marine sanitation devices on the date of promulgation

of the initial standards required by this section), and, upon

application, for individual vessels.

(d) Vessels owned and operated by the United States

The provisions of this section and the standards and regulations

promulgated hereunder apply to vessels owned and operated by the

United States unless the Secretary of Defense finds that compliance

would not be in the interest of national security. With respect to

vessels owned and operated by the Department of Defense,

regulations under the last sentence of subsection (b)(1) of this

section and certifications under subsection (g)(2) of this section

shall be promulgated and issued by the Secretary of Defense.

(e) Pre-promulgation consultation

Before the standards and regulations under this section are

promulgated, the Administrator and the Secretary of the department

in which the Coast Guard is operating shall consult with the

Secretary of State; the Secretary of Health and Human Services; the

Secretary of Defense; the Secretary of the Treasury; the Secretary

of Commerce; other interested Federal agencies; and the States and

industries interested; and otherwise comply with the requirements

of section 553 of title 5.

(f) Regulation by States or political subdivisions thereof;

complete prohibition upon discharge of sewage

(1)(A) Except as provided in subparagraph (B), after the

effective date of the initial standards and regulations promulgated

under this section, no State or political subdivision thereof shall

adopt or enforce any statute or regulation of such State or

political subdivision with respect to the design, manufacture, or

installation or use of any marine sanitation device on any vessel

subject to the provisions of this section.

(B) A State may adopt and enforce a statute or regulation with

respect to the design, manufacture, or installation or use of any

marine sanitation device on a houseboat, if such statute or

regulation is more stringent than the standards and regulations

promulgated under this section. For purposes of this paragraph, the

term "houseboat" means a vessel which, for a period of time

determined by the State in which the vessel is located, is used

primarily as a residence and is not used primarily as a means of

transportation.

(2) If, after promulgation of the initial standards and

regulations and prior to their effective date, a vessel is equipped

with a marine sanitation device in compliance with such standards

and regulations and the installation and operation of such device

is in accordance with such standards and regulations, such

standards and regulations shall, for the purposes of paragraph (1)

of this subsection, become effective with respect to such vessel on

the date of such compliance.

(3) After the effective date of the initial standards and

regulations promulgated under this section, if any State determines

that the protection and enhancement of the quality of some or all

of the waters within such State require greater environmental

protection, such State may completely prohibit the discharge from

all vessels of any sewage, whether treated or not, into such

waters, except that no such prohibition shall apply until the

Administrator determines that adequate facilities for the safe and

sanitary removal and treatment of sewage from all vessels are

reasonably available for such water to which such prohibition would

apply. Upon application of the State, the Administrator shall make

such determination within 90 days of the date of such application.

(4)(A) If the Administrator determines upon application by a

State that the protection and enhancement of the quality of

specified waters within such State requires such a prohibition, he

shall by regulation completely prohibit the discharge from a vessel

of any sewage (whether treated or not) into such waters.

(B) Upon application by a State, the Administrator shall, by

regulation, establish a drinking water intake zone in any waters

within such State and prohibit the discharge of sewage from vessels

within that zone.

(g) Sales limited to certified devices; certification of test

device; recordkeeping; reports

(1) No manufacturer of a marine sanitation device shall sell,

offer for sale, or introduce or deliver for introduction in

interstate commerce, or import into the United States for sale or

resale any marine sanitation device manufactured after the

effective date of the standards and regulations promulgated under

this section unless such device is in all material respects

substantially the same as a test device certified under this

subsection.

(2) Upon application of the manufacturer, the Secretary of the

department in which the Coast Guard is operating shall so certify a

marine sanitation device if he determines, in accordance with the

provisions of this paragraph, that it meets the appropriate

standards and regulations promulgated under this section. The

Secretary of the department in which the Coast Guard is operating

shall test or require such testing of the device in accordance with

procedures set forth by the Administrator as to standards of

performance and for such other purposes as may be appropriate. If

the Secretary of the department in which the Coast Guard is

operating determines that the device is satisfactory from the

standpoint of safety and any other requirements of maritime law or

regulation, and after consideration of the design, installation,

operation, material, or other appropriate factors, he shall certify

the device. Any device manufactured by such manufacturer which is

in all material respects substantially the same as the certified

test device shall be deemed to be in conformity with the

appropriate standards and regulations established under this

section.

(3) Every manufacturer shall establish and maintain such records,

make such reports, and provide such information as the

Administrator or the Secretary of the department in which the Coast

Guard is operating may reasonably require to enable him to

determine whether such manufacturer has acted or is acting in

compliance with this section and regulations issued thereunder and

shall, upon request of an officer or employee duly designated by

the Administrator or the Secretary of the department in which the

Coast Guard is operating, permit such officer or employee at

reasonable times to have access to and copy such records. All

information reported to or otherwise obtained by the Administrator

or the Secretary of the Department in which the Coast Guard is

operating or their representatives pursuant to this subsection

which contains or relates to a trade secret or other matter

referred to in section 1905 of title 18 shall be considered

confidential for the purpose of that section, except that such

information may be disclosed to other officers or employees

concerned with carrying out this section. This paragraph shall not

apply in the case of the construction of a vessel by an individual

for his own use.

(h) Sale and resale of properly equipped vessels; operability of

certified marine sanitation devices

After the effective date of standards and regulations promulgated

under this section, it shall be unlawful -

(1) for the manufacturer of any vessel subject to such

standards and regulations to manufacture for sale, to sell or

offer for sale, or to distribute for sale or resale any such

vessel unless it is equipped with a marine sanitation device

which is in all material respects substantially the same as the

appropriate test device certified pursuant to this section;

(2) for any person, prior to the sale or delivery of a vessel

subject to such standards and regulations to the ultimate

purchaser, wrongfully to remove or render inoperative any

certified marine sanitation device or element of design of such

device installed in such vessel;

(3) for any person to fail or refuse to permit access to or

copying of records or to fail to make reports or provide

information required under this section; and

(4) for a vessel subject to such standards and regulations to

operate on the navigable waters of the United States, if such

vessel is not equipped with an operable marine sanitation device

certified pursuant to this section.

(i) Jurisdiction to restrain violations; contempts

The district courts of the United States shall have jurisdictions

to restrain violations of subsection (g)(1) of this section and

subsections (h)(1) through (3) of this section. Actions to restrain

such violations shall be brought by, and in, the name 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

or to appear and produce documents, and any failure to obey such

order of the court may be punished by such court as a contempt

thereof.

(j) Penalties

Any person who violates subsection (g)(1) of this section, clause

(1) or (2) of subsection (h) of this section, or subsection (n)(8)

of this section shall be liable to a civil penalty of not more than

$5,000 for each violation. Any person who violates clause (4) of

subsection (h) of this section or any regulation issued pursuant to

this section shall be liable to a civil penalty of not more than

$2,000 for each violation. Each violation shall be a separate

offense. The Secretary of the department in which the Coast Guard

is operating may assess and compromise any such penalty. No penalty

shall be assessed until the person charged shall have been given

notice and an opportunity for a hearing on such charge. In

determining the amount of the penalty, or the amount agreed upon in

compromise, the gravity of the violation, and the demonstrated good

faith of the person charged in attempting to achieve rapid

compliance, after notification of a violation, shall be considered

by said Secretary.

(k) Enforcement authority

The provisions of this section shall be enforced by the Secretary

of the department in which the Coast Guard is operating and he may

utilize by agreement, with or without reimbursement, law

enforcement officers or other personnel and facilities of the

Administrator, other Federal agencies, or the States to carry out

the provisions of this section. The provisions of this section may

also be enforced by a State.

(g742l) Boarding and inspection of vessels; execution of warrants

and other process

Anyone authorized by the Secretary of the department in which the

Coast Guard is operating to enforce the provisions of this section

may, except as to public vessels, (1) board and inspect any vessel

upon the navigable waters of the United States and (2) execute any

warrant or other process issued by an officer or court of competent

jurisdiction.

(m) Enforcement in United States possessions

In the case of Guam and the Trust Territory of the Pacific

Islands, actions arising under this section may be brought in the

district court of Guam, and in the case of the Virgin Islands such

actions may be brought in the district court of the Virgin Islands.

In the case of American Samoa and the Trust Territory of the

Pacific Islands, such actions may be brought in the District Court

of the United States for the District of Hawaii and such court

shall have jurisdiction of such actions. In the case of the Canal

Zone, such actions may be brought in the District Court for the

District of the Canal Zone.

(n) Uniform national discharge standards for vessels of Armed

Forces

(1) Applicability

This subsection shall apply to vessels of the Armed Forces and

discharges, other than sewage, incidental to the normal operation

of a vessel of the Armed Forces, unless the Secretary of Defense

finds that compliance with this subsection would not be in the

national security interests of the United States.

(2) Determination of discharges required to be controlled by

marine pollution control devices

(A) In general

The Administrator and the Secretary of Defense, after

consultation with the Secretary of the department in which the

Coast Guard is operating, the Secretary of Commerce, and

interested States, shall jointly determine the discharges

incidental to the normal operation of a vessel of the Armed

Forces for which it is reasonable and practicable to require

use of a marine pollution control device to mitigate adverse

impacts on the marine environment. Notwithstanding subsection

(a)(1) of section 553 of title 5, the Administrator and the

Secretary of Defense shall promulgate the determinations in

accordance with such section. The Secretary of Defense shall

require the use of a marine pollution control device on board a

vessel of the Armed Forces in any case in which it is

determined that the use of such a device is reasonable and

practicable.

(B) Considerations

In making a determination under subparagraph (A), the

Administrator and the Secretary of Defense shall take into

consideration -

(i) the nature of the discharge;

(ii) the environmental effects of the discharge;

(iii) the practicability of using the marine pollution

control device;

(iv) the effect that installation or use of the marine

pollution control device would have on the operation or

operational capability of the vessel;

(v) applicable United States law;

(vi) applicable international standards; and

(vii) the economic costs of the installation and use of the

marine pollution control device.

(3) Performance standards for marine pollution control devices

(A) In general

For each discharge for which a marine pollution control

device is determined to be required under paragraph (2), the

Administrator and the Secretary of Defense, in consultation

with the Secretary of the department in which the Coast Guard

is operating, the Secretary of State, the Secretary of

Commerce, other interested Federal agencies, and interested

States, shall jointly promulgate Federal standards of

performance for each marine pollution control device required

with respect to the discharge. Notwithstanding subsection

(a)(1) of section 553 of title 5, the Administrator and the

Secretary of Defense shall promulgate the standards in

accordance with such section.

(B) Considerations

In promulgating standards under this paragraph, the

Administrator and the Secretary of Defense shall take into

consideration the matters set forth in paragraph (2)(B).

(C) Classes, types, and sizes of vessels

The standards promulgated under this paragraph may -

(i) distinguish among classes, types, and sizes of vessels;

(ii) distinguish between new and existing vessels; and

(iii) provide for a waiver of the applicability of the

standards as necessary or appropriate to a particular class,

type, age, or size of vessel.

(4) Regulations for use of marine pollution control devices

The Secretary of Defense, after consultation with the

Administrator and the Secretary of the department in which the

Coast Guard is operating, shall promulgate such regulations

governing the design, construction, installation, and use of

marine pollution control devices on board vessels of the Armed

Forces as are necessary to achieve the standards promulgated

under paragraph (3).

(5) Deadlines; effective date

(A) Determinations

The Administrator and the Secretary of Defense shall -

(i) make the initial determinations under paragraph (2) not

later than 2 years after February 10, 1996; and

(ii) every 5 years -

(I) review the determinations; and

(II) if necessary, revise the determinations based on

significant new information.

(B) Standards

The Administrator and the Secretary of Defense shall -

(i) promulgate standards of performance for a marine

pollution control device under paragraph (3) not later than 2

years after the date of a determination under paragraph (2)

that the marine pollution control device is required; and

(ii) every 5 years -

(I) review the standards; and

(II) if necessary, revise the standards, consistent with

paragraph (3)(B) and based on significant new information.

(C) Regulations

The Secretary of Defense shall promulgate regulations with

respect to a marine pollution control device under paragraph

(4) as soon as practicable after the Administrator and the

Secretary of Defense promulgate standards with respect to the

device under paragraph (3), but not later than 1 year after the

Administrator and the Secretary of Defense promulgate the

standards. The regulations promulgated by the Secretary of

Defense under paragraph (4) shall become effective upon

promulgation unless another effective date is specified in the

regulations.

(D) Petition for review

The Governor of any State may submit a petition requesting

that the Secretary of Defense and the Administrator review a

determination under paragraph (2) or a standard under paragraph

(3), if there is significant new information, not considered

previously, that could reasonably result in a change to the

particular determination or standard after consideration of the

matters set forth in paragraph (2)(B). The petition shall be

accompanied by the scientific and technical information on

which the petition is based. The Administrator and the

Secretary of Defense shall grant or deny the petition not later

than 2 years after the date of receipt of the petition.

(6) Effect on other laws

(A) Prohibition on regulation by States or political

subdivisions of States

Beginning on the effective date of -

(i) a determination under paragraph (2) that it is not

reasonable and practicable to require use of a marine

pollution control device regarding a particular discharge

incidental to the normal operation of a vessel of the Armed

Forces; or

(ii) regulations promulgated by the Secretary of Defense

under paragraph (4);

except as provided in paragraph (7), neither a State nor a

political subdivision of a State may adopt or enforce any

statute or regulation of the State or political subdivision

with respect to the discharge or the design, construction,

installation, or use of any marine pollution control device

required to control discharges from a vessel of the Armed

Forces.

(B) Federal laws

This subsection shall not affect the application of section

1321 of this title to discharges incidental to the normal

operation of a vessel.

(7) Establishment of State no-discharge zones

(A) State prohibition

(i) In general

After the effective date of -

(I) a determination under paragraph (2) that it is not

reasonable and practicable to require use of a marine

pollution control device regarding a particular discharge

incidental to the normal operation of a vessel of the Armed

Forces; or

(II) regulations promulgated by the Secretary of Defense

under paragraph (4);

if a State determines that the protection and enhancement of

the quality of some or all of the waters within the State

require greater environmental protection, the State may

prohibit 1 or more discharges incidental to the normal

operation of a vessel, whether treated or not treated, into

the waters. No prohibition shall apply until the

Administrator makes the determinations described in

subclauses (II) and (III) of subparagraph (B)(i).

(ii) Documentation

To the extent that a prohibition under this paragraph would

apply to vessels of the Armed Forces and not to other types

of vessels, the State shall document the technical or

environmental basis for the distinction.

(B) Prohibition by the Administrator

(i) In general

Upon application of a State, the Administrator shall by

regulation prohibit the discharge from a vessel of 1 or more

discharges incidental to the normal operation of a vessel,

whether treated or not treated, into the waters covered by

the application if the Administrator determines that -

(I) the protection and enhancement of the quality of the

specified waters within the State require a prohibition of

the discharge into the waters;

(II) adequate facilities for the safe and sanitary

removal of the discharge incidental to the normal operation

of a vessel are reasonably available for the waters to

which the prohibition would apply; and

(III) the prohibition will not have the effect of

discriminating against a vessel of the Armed Forces by

reason of the ownership or operation by the Federal

Government, or the military function, of the vessel.

(ii) Approval or disapproval

The Administrator shall approve or disapprove an

application submitted under clause (i) not later than 90 days

after the date on which the application is submitted to the

Administrator. Notwithstanding clause (i)(II), the

Administrator shall not disapprove an application for the

sole reason that there are not adequate facilities to remove

any discharge incidental to the normal operation of a vessel

from vessels of the Armed Forces.

(C) Applicability to foreign flagged vessels

A prohibition under this paragraph -

(i) shall not impose any design, construction, manning, or

equipment standard on a foreign flagged vessel engaged in

innocent passage unless the prohibition implements a

generally accepted international rule or standard; and

(ii) that relates to the prevention, reduction, and control

of pollution shall not apply to a foreign flagged vessel

engaged in transit passage unless the prohibition implements

an applicable international regulation regarding the

discharge of oil, oily waste, or any other noxious substance

into the waters.

(8) Prohibition relating to vessels of the Armed Forces

After the effective date of the regulations promulgated by the

Secretary of Defense under paragraph (4), it shall be unlawful

for any vessel of the Armed Forces subject to the regulations to

-

(A) operate in the navigable waters of the United States or

the waters of the contiguous zone, if the vessel is not

equipped with any required marine pollution control device

meeting standards established under this subsection; or

(B) discharge overboard any discharge incidental to the

normal operation of a vessel in waters with respect to which a

prohibition on the discharge has been established under

paragraph (7).

(9) Enforcement

This subsection shall be enforceable, as provided in

subsections (j) and (k) of this section, against any agency of

the United States responsible for vessels of the Armed Forces

notwithstanding any immunity asserted by the agency.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 312, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 871; amended Pub. L.

95-217, Sec. 59, Dec. 27, 1977, 91 Stat. 1596; Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-4, title

III, Sec. 311, Feb. 4, 1987, 101 Stat. 42; Pub. L. 104-106, div. A,

title III, Sec. 325(b)-(c)(2), Feb. 10, 1996, 110 Stat. 254-259.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsecs. (a)(4) and

(m), see section 3602(b) of Title 22, Foreign Relations and

Intercourse.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(8). Pub. L. 104-106, Sec. 325(c)(1)(A),

substituted "corporation, association, or agency of the United

States," for "corporation, or association,".

Subsec. (a)(12) to (14). Pub. L. 104-106, Sec. 325(c)(1)(B), (C),

added pars. (12) to (14).

Subsec. (j). Pub. L. 104-106, Sec. 325(c)(2), substituted

"subsection (g)(1) of this section, clause (1) or (2) of subsection

(h) of this section, or subsection (n)(8) of this section shall be

liable" for "subsection (g)(1) of this section or clause (1) or (2)

of subsection (h) of this section shall be liable".

Subsec. (n). Pub. L. 104-106, Sec. 325(b), added subsec. (n).

1987 - Subsec. (f)(1). Pub. L. 100-4, Sec. 311(a), designated

existing provision as subpar. (A), substituted "Except as provided

in subparagraph (B), after" for "After", and added subpar. (B).

Subsec. (k). Pub. L. 100-4, Sec. 311(b), inserted at end "The

provisions of this section may also be enforced by a State."

1977 - Subsec. (a)(6). Pub. L. 95-217, Sec. 59(a), inserted

"except that, with respect to commercial vessels on the Great

Lakes, such term shall include graywater" after "receive or retain

body wastes".

Subsec. (a)(10), (11). Pub. L. 95-217, Sec. 59(b), added pars.

(10) and (11).

Subsec. (b)(1). Pub. L. 95-217, Sec. 59(c), inserted references

to standards established under subsec. (c)(1)(B) of this section

and to standards promulgated under subsec. (c) of this section.

Subsec. (c)(1). Pub. L. 95-217, Sec. 59(d), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (f)(4). Pub. L. 95-217, Sec. 59(e), designated existing

provisions as subpar. (A) and added subpar. (B).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (e)

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-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.

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.

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-MISC2-

PURPOSE OF 1996 AMENDMENT

Section 325(a) of Pub. L. 104-106 provided that: "The purposes of

this section [amending this section and section 1362 of this title

and enacting provisions set out as a note below] are to -

"(1) enhance the operational flexibility of vessels of the

Armed Forces domestically and internationally;

"(2) stimulate the development of innovative vessel pollution

control technology; and

"(3) advance the development by the United States Navy of

environmentally sound ships."

COOPERATION IN NATIONAL DISCHARGE STANDARDS DEVELOPMENT

Section 325(d) of Pub. L. 104-106 provided that: "The

Administrator of the Environmental Protection Agency and the

Secretary of Defense may, by mutual agreement, with or without

reimbursement, provide for the use of information, reports,

personnel, or other resources of the Environmental Protection

Agency or the Department of Defense to carry out section 312(n) of

the Federal Water Pollution Control Act [33 U.S.C. 1322(n)] (as

added by subsection (b)), including the use of the resources -

"(1) to determine -

"(A) the nature and environmental effect of discharges

incidental to the normal operation of a vessel of the Armed

Forces;

"(B) the practicability of using marine pollution control

devices on vessels of the Armed Forces; and

"(C) the effect that installation or use of marine pollution

control devices on vessels of the Armed Forces would have on

the operation or operational capability of the vessels; and

"(2) to establish performance standards for marine pollution

control devices on vessels of the Armed Forces."

CLEAN VESSELS

Pub. L. 102-587, title V, subtitle F, Nov. 4, 1992, 106 Stat.

5086, provided that:

"SEC. 5601. SHORT TITLE.

"This subtitle may be cited as the 'Clean Vessel Act of 1992'.

"SEC. 5602. FINDINGS; PURPOSE.

"(a) Findings. - The Congress finds the following:

"(1) The discharge of untreated sewage by vessels is prohibited

under Federal law in all areas within the navigable waters of the

United States.

"(2) The discharge of treated sewage by vessels is prohibited

under either Federal or State law in many of the United States

bodies of water where recreational boaters operate.

"(3) There is currently an inadequate number of pumpout

stations for type III marine sanitation devices where

recreational vessels normally operate.

"(4) Sewage discharged by recreational vessels because of an

inadequate number of pumpout stations is a substantial

contributor to localized degradation of water quality in the

United States.

"(b) Purpose. - The purpose of this subtitle is to provide funds

to States for the construction, renovation, operation, and

maintenance of pumpout stations and waste reception facilities.

"SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE

SANITATION DEVICE PUMPOUT STATION NEEDS.

"(a) Survey. - Within 3 months after the notification under

section 5605(b), each coastal State shall conduct a survey to

determine -

"(1) the number and location of all operational pumpout

stations and waste reception facilities at public and private

marinas, mooring areas, docks, and other boating access

facilities within the coastal zone of the State; and

"(2) the number of recreational vessels in the coastal waters

of the State with type III marine sanitation devices or portable

toilets, and the areas of those coastal waters where those

vessels congregate.

"(b) Plan. - Within 6 months after the notification under section

5605(b), and based on the survey conducted under subsection (a),

each coastal State shall -

"(1) develop and submit to the Secretary of the Interior a plan

for any construction or renovation of pumpout stations and waste

reception facilities that are necessary to ensure that, based on

the guidance issued under section 5605(a), there are pumpout

stations and waste reception facilities in the State that are

adequate and reasonably available to meet the needs of

recreational vessels using the coastal waters of the State; and

"(2) submit to the Secretary of the Interior with that plan a

list of all stations and facilities in the coastal zone of the

State which are operational on the date of submittal.

"(c) Plan Approval. -

"(1) In general. - Not later than 60 days after a plan is

submitted by a State under subsection (b), the Secretary of the

Interior shall approve or disapprove the plan, based on -

"(A) the adequacy of the survey conducted by the State under

subsection (a); and

"(B) the ability of the plan, based on the guidance issued

under section 5605(a), to meet the construction and renovation

needs of the recreational vessels identified in the survey.

"(2) Notification of state; modification. - The Secretary of

the Interior shall promptly notify the affected Governor of the

approval or disapproval of a plan. If a plan is disapproved, the

Secretary of the Interior shall recommend necessary modifications

and return the plan to the affected Governor.

"(3) Resubmittal. - Not later than 60 days after receiving a

plan returned by the Secretary of the Interior, the Governor

shall make the appropriate changes and resubmit the plan.

"(d) Indication of Stations and Facilities on NOAA Charts. -

"(1) In general. - The Under Secretary of Commerce for Oceans

and Atmosphere shall indicate, on charts published by the

National Oceanic and Atmospheric Administration for the use of

operators of recreational vessels, the locations of pumpout

stations and waste reception facilities.

"(2) Notification of NOAA. -

"(A) Lists of stations and facilities. - The Secretary of the

Interior shall transmit to the Under Secretary of Commerce for

Oceans and Atmosphere each list of operational stations and

facilities submitted by a State under subsection (b)(2), by not

later than 30 days after the date of receipt of that list.

"(B) Completion of project. - The Director of the United

States Fish and Wildlife Service shall notify the Under

Secretary of the location of each station or facility at which

a construction or renovation project is completed by a State

with amounts made available under the Act of August 9, 1950 (16

U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), as amended by

this subtitle, by not later than 30 days after the date of

notification by a State of the completion of the project.

"SEC. 5604. FUNDING.

"(a) Transfer. - [Amended section 777c of Title 16,

Conservation.]

"(b) Access Increase. - [Amended section 777g of Title 16,

Conservation.]

"(c) Grant Program. -

"(1) Matching grants. - The Secretary of the Interior may

obligate an amount not to exceed the amount made available under

section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.

777c(b)(2), as amended by this Act), to make grants to -

"(A) coastal States to pay not more than 75 percent of the

cost to a coastal State of -

"(i) conducting a survey under section 5603(a);

"(ii) developing and submitting a plan and accompanying

list under section 5603(b);

"(iii) constructing and renovating pumpout stations and

waste reception facilities; and

"(iv) conducting a program to educate recreational boaters

about the problem of human body waste discharges from vessels

and inform them of the location of pumpout stations and waste

reception facilities.

"(B) inland States, which can demonstrate to the Secretary of

the Interior that there are an inadequate number of pumpout

stations and waste reception facilities to meet the needs of

recreational vessels in the waters of that State, to pay 75

percent of the cost to that State of -

"(i) constructing and renovating pumpout stations and waste

reception facilities in the inland State; and

"(ii) conducting a program to educate recreational boaters

about the problem of human body waste discharges from vessels

and inform them of the location of pumpout stations and waste

reception facilities.

"(2) Priority. - In awarding grants under this subsection, the

Secretary of the Interior shall give priority consideration to

grant applications that -

"(A) in coastal States, propose constructing and renovating

pumpout stations and waste reception facilities in accordance

with a coastal State's plan approved under section 5603(c);

"(B) provide for public/private partnership efforts to

develop and operate pumpout stations and waste receptions [sic]

facilities; and

"(C) propose innovative ways to increase the availability and

use of pumpout stations and waste reception facilities.

"(d) Disclaimer. - Nothing in this subtitle shall be interpreted

to preclude a State from carrying out the provisions of this

subtitle with funds other than those described in this section.

"SEC. 5605. GUIDANCE AND NOTIFICATION.

"(a) Issuance of Guidance. - Not later than 3 months after the

date of the enactment of this subtitle [Nov. 4, 1992], the

Secretary of the Interior shall, after consulting with the

Administrator of the Environmental Protection Agency, the Under

Secretary of Commerce for Oceans and Atmosphere, and the Commandant

of the Coast Guard, issue for public comment pumpout station and

waste reception facility guidance. The Secretary of the Interior

shall finalize the guidance not later than 6 months after the date

of enactment of this subtitle. The guidance shall include -

"(1) guidance regarding the types of pumpout stations and waste

reception facilities that may be appropriate for construction,

renovation, operation, or maintenance with amounts available

under the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16

U.S.C. 777 et seq.]), as amended by this subtitle, and

appropriate location of the stations and facilities within a

marina or boatyard;

"(2) guidance defining what constitutes adequate and reasonably

available pumpout stations and waste reception facilities in

boating areas;

"(3) guidance on appropriate methods for disposal of vessel

sewage from pumpout stations and waste reception facilities;

"(4) guidance on appropriate connector fittings to facilitate

the sanitary and expeditious discharge of sewage from vessels;

"(5) guidance on the waters most likely to be affected by the

discharge of sewage from vessels; and

"(6) other information that is considered necessary to promote

the establishment of pumpout facilities to reduce sewage

discharges from vessels and to protect United States waters.

"(b) Notification. - Not later than one month after the guidance

issued under subsection (a) is finalized, the Secretary of the

Interior shall provide notification in writing to the fish and

wildlife, water pollution control, and coastal zone management

authorities of each State, of -

"(1) the availability of amounts under the Act of August 9,

1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]) to

implement the Clean Vessel Act of 1992; and

"(2) the guidance developed under subsection (a).

"SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY.

"This subtitle shall not be construed or applied to jeopardize

any funds available to a coastal State under the Act of August 9,

1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), if the

coastal State is, in good faith, pursuing a survey and plan

designed to meet the purposes of this subtitle.

"SEC. 5607. APPLICABILITY.

"The requirements of section 5603 shall not apply to a coastal

State if within six months after the date of enactment of this

subtitle [Nov. 4, 1992] the Secretary of the Interior certifies

that -

"(1) the State has developed and is implementing a plan that

will ensure that there will be pumpout stations and waste

reception facilities adequate to meet the needs of recreational

vessels in the coastal waters of the State; or

"(2) existing pumpout stations and waste reception facilities

in the coastal waters of the State are adequate to meet those

needs.

"SEC. 5608. DEFINITIONS.

"For the purposes of this subtitle the term:

"(1) 'coastal State' -

"(A) means a State of the United States in, or bordering on

the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico;

Long Island Sound; or one or more of the Great Lakes;

"(B) includes Puerto Rico, the Virgin Islands, Guam, the

Commonwealth of the Northern Mariana Islands, and American

Samoa; and

"(C) does not include a State for which the ratio of the

number of recreational vessels in the State numbered under

chapter 123 of title 46, United States Code, to number of miles

of shoreline (as that term is defined in section 926.2(d) of

title 15, Code of Federal Regulations, as in effect on January

1, 1991), is less than one.

"(2) 'coastal waters' means -

"(A) in the Great Lakes area, the waters within the

territorial jurisdiction of the United States consisting of the

Great Lakes, their connecting waters, harbors, roadsteads, and

estuary-type areas such as bays, shallows, and marshes; and

"(B) in other areas, those waters, adjacent to the

shorelines, which contain a measurable percentage of sea water,

including sounds, bay, lagoons, bayous, ponds, and estuaries.

"(3) 'coastal zone' has the same meaning that term has in

section 304(1) of the Coastal Zone Management Act of 1972 (16

U.S.C. 1453(1));

"(4) 'inland State' means a State which is not a coastal state;

"(5) 'type III marine sanitation device' means any equipment

for installation on board a vessel which is specifically designed

to receive, retain, and discharge human body wastes;

"(6) 'pumpout station' means a facility that pumps or receives

human body wastes out of type III marine sanitation devices

installed on board vessels;

"(7) 'recreational vessel' means a vessel -

"(A) manufactured for operation, or operated, primarily for

pleasure; or

"(B) leased, rented, or chartered to another for the latter's

pleasure; and

"(8) 'waste reception facility' means a facility specifically

designed to receive wastes from portable toilets carried on

vessels, and does not include lavatories."

-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 1254, 1362, 1402 of this

title.

-End-

-CITE-

33 USC Sec. 1323 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1323. Federal facilities pollution control

-STATUTE-

(a) Each department, agency, or instrumentality of the executive,

legislative, and judicial branches of the Federal Government (1)

having jurisdiction over any property or facility, or (2) engaged

in any activity resulting, or which may result, in the discharge or

runoff of pollutants, and each officer, agent, or employee thereof

in the performance of his official duties, shall be subject to, and

comply with, all Federal, State, interstate, and local

requirements, administrative authority, and process and sanctions

respecting the control and abatement of water pollution in the same

manner, and to the same extent as any nongovernmental entity

including the payment of reasonable service charges. The preceding

sentence shall apply (A) to any requirement whether substantive or

procedural (including any recordkeeping or reporting requirement,

any requirement respecting permits and any other requirement,

whatsoever), (B) to the exercise of any Federal, State, or local

administrative authority, and (C) to any process and sanction,

whether enforced in Federal, State, or local courts or in any other

manner. This subsection shall apply notwithstanding any immunity of

such agencies, officers, agents, or employees under any law or rule

of law. Nothing in this section shall be construed to prevent any

department, agency, or instrumentality of the Federal Government,

or any officer, agent, or employee thereof in the performance of

his official duties, from removing to the appropriate Federal

district court any proceeding to which the department, agency, or

instrumentality or officer, agent, or employee thereof is subject

pursuant to this section, and any such proceeding may be removed in

accordance with section 1441 et seq. of title 28. No officer,

agent, or employee of the United States shall be personally liable

for any civil penalty arising from the performance of his official

duties, for which he is not otherwise liable, and the United States

shall be liable only for those civil penalties arising under

Federal law or imposed by a State or local court to enforce an

order or the process of such court. The President may exempt any

effluent source of any department, agency, or instrumentality in

the executive branch from compliance with any such a requirement if

he determines it to be in the paramount interest of the United

States to do so; except that no exemption may be granted from the

requirements of section 1316 or 1317 of this title. No such

exemptions shall be granted due to lack of appropriation unless the

President shall have specifically requested such appropriation as a

part of the budgetary process and the Congress shall have failed to

make available such requested appropriation. Any exemption shall be

for a period not in excess of one year, but additional exemptions

may be granted for periods of not to exceed one year upon the

President's making a new determination. The President shall report

each January to the Congress all exemptions from the requirements

of this section granted during the preceding calendar year,

together with his reason for granting such exemption. In addition

to any such exemption of a particular effluent source, the

President may, if he determines it to be in the paramount interest

of the United States to do so, issue regulations exempting from

compliance with the requirements of this section any weaponry,

equipment, aircraft, vessels, vehicles, or other classes or

categories of property, and access to such property, which are

owned or operated by the Armed Forces of the United States

(including the Coast Guard) or by the National Guard of any State

and which are uniquely military in nature. The President shall

reconsider the need for such regulations at three-year intervals.

(b)(1) The Administrator shall coordinate with the head of each

department, agency, or instrumentality of the Federal Government

having jurisdiction over any property or facility utilizing

federally owned wastewater facilities to develop a program of

cooperation for utilizing wastewater control systems utilizing

those innovative treatment processes and techniques for which

guidelines have been promulgated under section 1314(d)(3) of this

title. Such program shall include an inventory of property and

facilities which could utilize such processes and techniques.

(2) Construction shall not be initiated for facilities for

treatment of wastewater at any Federal property or facility after

September 30, 1979, if alternative methods for wastewater treatment

at such property or facility utilizing innovative treatment

processes and techniques, including but not limited to methods

utilizing recycle and reuse techniques and land treatment are not

utilized, unless the life cycle cost of the alternative treatment

works exceeds the life cycle cost of the most cost effective

alternative by more than 15 per centum. The Administrator may waive

the application of this paragraph in any case where the

Administrator determines it to be in the public interest, or that

compliance with this paragraph would interfere with the orderly

compliance with conditions of a permit issued pursuant to section

1342 of this title.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 313, as added Pub. L.

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

95-217, Secs. 60, 61(a), Dec. 27, 1977, 91 Stat. 1597, 1598.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-217, Secs. 60, 61(a), designated

existing provisions as subsec. (a) and inserted provisions making

officers, agents, or employees of Federal departments, agencies, or

instrumentalities subject to Federal, State, interstate, and local

requirements, administrative authority, process, and sanctions

respecting the control and abatement of water pollution in the same

manner and to the same extent as non-governmental entities,

including the payment of reasonable service charges, inserted

provisions covering Federal employee liability, and inserted

provisions relating to military source exemptions and the issuance

of regulations covering those exemptions.

Subsec. (b). Pub. L. 95-217, Sec. 60, added subsec. (b).

-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.

-MISC2-

MARINE GUIDANCE SYSTEMS

Pub. L. 105-383, title IV, Sec. 425(b), Nov. 13, 1998, 112 Stat.

3441, provided that: "The Secretary of Transportation shall, within

12 months after the date of the enactment of this Act [Nov. 13,

1998], evaluate and report to the Congress on the suitability of

marine sector laser lighting, cold cathode lighting, and

ultraviolet enhanced vision technologies for use in guiding marine

vessels and traffic."

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

For provisions relating to the responsibility of the head of each

Executive agency for compliance with applicable pollution control

standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,

set out as a note under section 4321 of Title 42, The Public Health

and Welfare.

-EXEC-

EXECUTIVE ORDER NO. 11258

Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483, which related

to prevention, control, and abatement of water pollution by federal

activities, was superseded by Ex. Ord. No. 11286, July 2, 1966, 31

F.R. 9261.

EXECUTIVE ORDER NO. 11288

Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261, which provided

for prevention, control, and abatement of water pollution from

federal activities, was superseded by Ex. Ord. No. 11507, Feb. 4,

1970, 35 F.R. 2573.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1365 of this title.

-End-

-CITE-

33 USC Sec. 1324 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-

Sec. 1324. Clean lakes

-STATUTE-

(a) Establishment and scope of program

(1) State program requirements

Each State on a biennial basis shall prepare and submit to the

Administrator for his approval -

(A) an identification and classification according to

eutrophic condition of all publicly owned lakes in such State;

(B) a description of procedures, processes, and methods

(including land use requirements), to control sources of

pollution of such lakes;

(C) a description of methods and procedures, in conjunction

with appropriate Federal agencies, to restore the quality of

such lakes;

(D) methods and procedures to mitigate the harmful effects of

high acidity, including innovative methods of neutralizing and

restoring buffering capacity of lakes and methods of removing

from lakes toxic metals and other toxic substances mobilized by

high acidity;

(E) a list and description of those publicly owned lakes in

such State for which uses are known to be impaired, including

those lakes which are known not to meet applicable water

quality standards or which require implementation of control

programs to maintain compliance with applicable standards and

those lakes in which water quality has deteriorated as a result

of high acidity that may reasonably be due to acid deposition;

and

(F) an assessment of the status and trends of water quality

in lakes in such State, including but not limited to, the

nature and extent of pollution loading from point and nonpoint

sources and the extent to which the use of lakes is impaired as

a result of such pollution, particularly with respect to toxic

pollution.

(2) Submission as part of 1315(b)(1) report

The information required under paragraph (1) shall be included

in the report required under section 1315(b)(1) of this title,

beginning with the report required under such section by April 1,

1988.

(3) Report of Administrator

Not later than 180 days after receipt from the States of the

biennial information required under paragraph (1), the

Administrator shall submit to the Committee on Public Works and

Transportation of the House of Representatives and the Committee

on Environment and Public Works of the Senate a report on the

status of water quality in lakes in the United States, including

the effectiveness of the methods and procedures described in

paragraph (1)(D).

(4) Eligibility requirement

Beginning after April 1, 1988, a State must have submitted the

information required under paragraph (1) in order to receive

grant assistance under this section.

(b) Financial assistance to States

The Administrator shall provide financial assistance to States in

order to carry out methods and procedures approved by him under

subsection (a) of this section. The Administrator shall provide

financial assistance to States to prepare the identification and

classification surveys required in subsection (a)(1) of this

section.

(c) Maximum amount of grant; authorization of appropriations

(1) The amount granted to any State for any fiscal year under

subsection (b) of this section shall not exceed 70 per centum of

the funds expended by such State in such year for carrying out

approved methods and procedures under subsection (a) of this

section.

(2) There is authorized to be appropriated $50,000,000 for each

of fiscal years 2001 through 2005 for grants to States under

subsection (b) of this section which such sums shall remain

available until expended. The Administrator shall provide for an

equitable distribution of such sums to the States with approved

methods and procedures under subsection (a) of this section.

(d) Demonstration program

(1) General requirements

The Administrator is authorized and directed to establish and

conduct at locations throughout the Nation a lake water quality

demonstration program. The program shall, at a minimum -

(A) develop cost effective technologies for the control of

pollutants to preserve or enhance lake water quality while

optimizing multiple lakes uses;

(B) control nonpoint sources of pollution which are

contributing to the degradation of water quality in lakes;

(C) evaluate the feasibility of implementing regional

consolidated pollution control strategies;

(D) demonstrate environmentally preferred techniques for the

removal and disposal of contaminated lake sediments;

(E) develop improved methods for the removal of silt, stumps,

aquatic growth, and other obstructions which impair the quality

of lakes;

(F) construct and evaluate silt traps and other devices or

equipment to prevent or abate the deposit of sediment in lakes;

and

(G) demonstrate the costs and benefits of utilizing dredged

material from lakes in the reclamation of despoiled land.

(2) Geographical requirements

Demonstration projects authorized by this subsection shall be

undertaken to reflect a variety of geographical and environmental

conditions. As a priority, the Administrator shall undertake

demonstration projects at Lake Champlain, New York and Vermont;

Lake Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and

Belcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon Lake,

New Jersey; Gorton's Pond, Rhode Island; Lake Washington, Rhode

Island; Lake Bomoseen, Vermont; Sauk Lake, Minnesota; Otsego

Lake, New York; Oneida Lake, New York; Raystown Lake,

Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake,

Nevada; Lake Tahoe, California and Nevada; Ten Mile Lakes,

Oregon; Woahink Lake, Oregon; Highland Lake, Connecticut; Lily

Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake,

New Hampshire; French Pond, New Hampshire; Dillon Reservoir,

Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake

George, New York; Lake Wallenpaupack, Pennsylvania; Lake

Allatoona, Georgia; and Lake Worth, Texas.

(3) Reports

Notwithstanding section 3003 of the Federal Reports Elimination

and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734-736),

by January 1, 1997, and January 1 of every odd-numbered year

thereafter, the Administrator shall report to the Committee on

Transportation and Infrastructure of the House of Representatives

and the Committee on Environment and Public Works of the Senate

on work undertaken pursuant to this subsection. Upon completion

of the program authorized by this subsection, the Administrator

shall submit to such committees a final report on the results of

such program, along with recommendations for further measures to

improve the water quality of the Nation's lakes.

(4) Authorization of appropriations

(A) In general

There is authorized to be appropriated to carry out this

subsection not to exceed $40,000,000 for fiscal years beginning

after September 30, 1986, to remain available until expended.

(B) Special authorizations

(i) Amount

There is authorized to be appropriated to carry out

subsection (b) of this section with respect to subsection

(a)(1)(D) of this section not to exceed $25,000,000 for

fiscal years beginning after September 30, 1986, to remain

available until expended.

(ii) Distribution of funds

The Administrator shall provide for an equitable

distribution of sums appropriated pursuant to this

subparagraph among States carrying out approved methods and

procedures. Such distribution shall be based on the relative

needs of each such State for the mitigation of the harmful

effects on lakes and other surface waters of high acidity

that may reasonably be due to acid deposition or acid mine

drainage.

(iii) Grants as additional assistance

The amount of any grant to a State under this subparagraph

shall be in addition to, and not in lieu of, any other

Federal financial assistance.

-SOURCE-

(June 30, 1948, ch. 758, title III, Sec. 314, as added Pub. L.

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

95-217, Secs. 4(f), 62(a), Dec. 27, 1977, 91 Stat. 1567, 1598; Pub.

L. 96-483, Sec. 1(f), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4,

title I, Sec. 101(g), title III, Sec. 315(a), (b), (d), Feb. 4,

1987, 101 Stat. 9, 49, 50, 52; Pub. L. 101-596, title III, Sec.

302, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 104-66, title II, Sec.

2021(c), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105-362, title V,

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

VII, Secs. 701, 702, Nov. 7, 2000, 114 Stat. 1976; Pub. L. 107-303,

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

-REFTEXT-

REFERENCES IN TEXT

Section 3003 of the Federal Reports Elimination and Sunset Act of

1995, referred to in subsec. (d)(3), is section 3003 of Pub. L.

104-66, which is set out as a note under section 1113 of Title 31,

Money and Finance.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3), (4). Pub. L. 107-303 repealed Pub. L.

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

2000 - Subsec. (c)(2). Pub. L. 106-457, Sec. 701, substituted

"$50,000,000 for each of fiscal years 2001 through 2005" for

"$50,000,000 for the fiscal year ending June 30, 1973; $100,000,000

for the fiscal year 1974; $150,000,000 for the fiscal year 1975,

$50,000,000 for fiscal year 1977, $60,000,000 for fiscal year 1978,

$60,000,000 for fiscal year 1979, $60,000,000 for fiscal year 1980,

$30,000,000 for fiscal year 1981, $30,000,000 for fiscal year 1982,

such sums as may be necessary for fiscal years 1983 through 1985,

and $30,000,000 per fiscal year for each of the fiscal years 1986

through 1990".

Subsec. (d)(2). Pub. L. 106-457, Sec. 702(1), inserted "Otsego

Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania;

Swan Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake

Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake,

Oregon; Highland Lake, Connecticut; Lily Lake, New Jersey;

Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French

Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake,

Florida; Lake Apopka, Florida; Lake George, New York; Lake

Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia;" after "Sauk

Lake, Minnesota;".

Subsec. (d)(3). Pub. L. 106-457, Sec. 702(2), substituted

"Notwithstanding section 3003 of the Federal Reports Elimination

and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734-736),

by" for "By".

Subsec. (d)(4)(B)(i). Pub. L. 106-457, Sec. 702(3), substituted

"$25,000,000" for "$15,000,000".

1998 - Subsec. (a)(3), (4). Pub. L. 105-362, Sec. 501(b), which

directed the redesignation of par. (4) as (3) and striking out of

heading and text of par. (3), was repealed by Pub. L. 107-303. See

Effective Date of 2002 Amendment note below.

1995 - Subsec. (d)(3). Pub. L. 104-66 substituted "By January 1,

1997, and January 1 of every odd-numbered year thereafter, the

Administrator shall report to the Committee on Transportation and

Infrastructure" for "The Administrator shall report annually to the

Committee on Public Works and Transportation".

1990 - Subsec. (d)(2). Pub. L. 101-596 inserted "Lake Champlain,

New York and Vermont;" before "Lake Houston, Texas".

1987 - Subsec. (a). Pub. L. 100-4, Sec. 315(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"Each State shall prepare or establish, and submit to the

Administrator for his approval -

"(1) an identification and classification according to

eutrophic condition of all publicly owned fresh water lakes in

such State;

"(2) procedures, processes, and methods (including land use

requirements), to control sources of pollution of such lakes; and

"(3) methods and procedures, in conjunction with appropriate

Federal agencies, to restore the quality of such lakes."

Subsec. (b). Pub. L. 100-4, Sec. 315(d)(1), substituted

"subsection (a) of this section" for "this section" in first

sentence.

Subsec. (c)(1). Pub. L. 100-4, Sec. 315(d)(2), substituted

"subsection (b) of this section" for first reference to "this

section" and "subsection (a) of this section" for second reference

to "this section".

Subsec. (c)(2). Pub. L. 100-4, Secs. 101(g), 315(d)(3), struck

out "and" after "1981," and inserted ", such sums as may be

necessary for fiscal years 1983 through 1985, and $30,000,000 per

fiscal year for each of the fiscal years 1986 through 1990" after

"1982", and substituted "subsection (b) of this section" for first

reference to "this section" and "subsection (a) of this section"

for second reference to "this section".

Subsec. (d). Pub. L. 100-4, Sec. 315(b), added subsec. (d).

1980 - Subsec. (c)(2). Pub. L. 96-483 inserted authorization of

$30,000,000 for each of fiscal years 1981 and 1982.

1977 - Subsec. (b). Pub. L. 95-217, Sec. 62(a), inserted

provision directing the Administrator to provide financial

assistance to States to prepare the identification and

classification surveys required in subsec. (a)(1) of this section.

Subsec. (c)(2). Pub. L. 95-217, Sec. 4(f), substituted

"$150,000,000 for the fiscal year 1975, $50,000,000 for fiscal year

1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year

1979, and $60,000,000 for fiscal year 1980" for "and $150,000,000

for the fiscal year 1975".

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 1329, 1376, 1377 of this

title.

-End-