I 

108TH CONGRESS 

1ST SESSION H. R. 1624

To amend the Federal Water Pollution Control Act to improve the 

enforcement and compliance programs. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

Mr. PALLONE introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL

To amend the Federal Water Pollution Control Act to 

improve the enforcement and compliance programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Water Enforce5 ment and Compliance Improvement Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 (a) IN GENERAL.—Congress finds that—

8 (1) a significant number of persons who have 

9 been issued permits under section 402 of the Fed-
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1 eral Water Pollution Control Act are in violation of 

2 such permits; 

3 (2) current enforcement programs of the Ad4 ministrator of the Environmental Protection Agency 

5 and the States fail to address violations of such per6 mits in a timely and effective manner; 

7 (3) full, accurate and prompt reporting of pos8 sible violations of the Federal Water Pollution Con9 trol Act is necessary for implementation and well 

10 served by assuring that good faith reporters of pos11 sible violations are protected against adverse per12 sonnel actions; 

13 (4) often violations of such permits continue for 

14 a considerable period of time, yielding significant 

15 economic benefits for the violator and thus penal16 izing similar facilities which act lawfully; 

17 (5) penalties assessed and collected by the Ad18 ministrator from violators of such permits are often 

19 less than the economic benefit gained by the violator; 

20 (6) swift and timely enforcement by the Admin21 istrator and the States of violations of such permits 

22 is necessary to increase levels of compliance with 

23 such permits; and 

24 (7) actions of private citizens have been effec25 tive in enforcing such permits and directing funds to 
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1 environmental mitigation projects with over $12.8 

2 million in penalties and interest having been recov3 ered and deposited with the Treasury of the United 

4 States over the fiscal years 1990 through 1999. 

5 (b) FINDING WITH RESPECT TO HARM CAUSED BY

6 VIOLATIONS.—Section 101 of the Federal Water Pollution 

7 Control Act (33 U.S.C. 1251) is amended by adding at 

8 the end the following: 

9 ‘‘(h) FINDING WITH RESPECT TO HARM CAUSED BY

10 VIOLATIONS.—Congress finds that a discharge which re11 sults in a violation of this Act or a regulation, standard, 

12 limitation, requirement, or order issued pursuant to this 

13 Act interferes with the restoration and maintenance of the 

14 chemical, physical, and biological integrity of any waters 

15 into which the discharge flows (either directly or through 

16 a publicly owned treatment works), including any waters 

17 into which the receiving waters flow, and, therefore, harms 

18 those who use or enjoy such waters and those who use 

19 or enjoy nearby lands or aquatic resources associated with 

20 those waters. 

21 ‘‘(i) FINDING WITH RESPECT TO CITIZEN SUITS.—

22 Congress finds that citizen suits are a valuable means of 

23 enforcement of this Act and urges the Administrator to 

24 take actions to encourage such suits, including providing 

25 information concerning violators to citizen groups to assist 
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1 them in bringing suits, providing expert witnesses and 

2 other evidence with respect to such suits, and filing amicus 

3 curiae briefs on important issues related to such suits.’’. 

4 SEC. 3. VIOLATIONS OF REQUIREMENTS OF LOCAL CON5 TROL AUTHORITIES. 

6 Section 307(d) of Federal Water Pollution Control 

7 Act (33 U.S.C. 1317(d)) is amended to read as follows: 

8 ‘‘(d) VIOLATIONS.—After the date on which (1) any 

9 effluent standard or prohibition or pretreatment standard 

10 or requirement takes effect under this section, or (2) any 

11 requirement imposed in a pretreatment program under 

12 section 402(a)(3) or 402(b)(8) of this Act takes effect, it 

13 shall be unlawful for any owner or operator of any source 

14 to operate such source in violation of the effluent stand15 ard, prohibition, pretreatment standard, or requirement.’’. 

16 SEC. 4. INSPECTIONS, MONITORING, AND PROVIDING IN17 FORMATION. 

18 (a) APPLICABILITY OF REQUIREMENTS.—Section 

19 308(a)(4)(A) of the Federal Water Pollution Control Act 

20 (33 U.S.C. 1318(a)(4)(A)) is amended by striking ‘‘the 

21 owner or operator of any point source’’ and inserting ‘‘a 

22 person subject to any requirement of this Act’’.

23 (b) PUBLIC ACCESS TO INFORMATION.—The first 

24 sentence of section 308(b) of such Act is amended—
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1 (1) by inserting ‘‘(including information con2 tained in the permit compliance system of the Envi3 ronmental Protection Agency)’’ after ‘‘obtained 

4 under this section’’; 

5 (2) by inserting ‘‘made’’ after ‘‘shall be’’; and 

6 (3) by inserting ‘‘by computer telecommuni7 cation and other means for a period of at least 10 

8 years’’ after ‘‘public’’ the first place it appears. 

9 (c) PUBLIC INFORMATION.—Section 308 of such Act 

10 is further amended by adding at the end the following: 

11 ‘‘(e) PUBLIC INFORMATION.—

12 ‘‘(1) POSTING OF NOTICE OF POLLUTED WA13 TERS.—At each major point of public access (includ14 ing, at a minimum, beaches, parks, recreation areas, 

15 marinas, and boat launching areas) to a body of 

16 navigable water that does not meet an applicable 

17 water quality standard or that is subject to a fishing 

18 or shell fishing ban, advisory, or consumption re19 striction (issued by a Federal, State, or local author20 ity) due to fish or shellfish contamination, the State 

21 within which boundaries all or any part of such body

22 of water lies shall, either directly or through local 

23 authorities, post and maintain a clearly visible sign 

24 which—
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1 ‘‘(A) indicates the water quality standard 

2 that is being violated or the nature and extent 

3 of the restriction on fish or shellfish consump4 tion, as the case may be; 

5 ‘‘(B) includes (i) information on the envi6 ronmental and health effects associated with 

7 the failure to meet such standard or with the 

8 consumption of fish or shellfish subject to the 

9 restriction, and (ii) a phone number for obtain10 ing additional information relating to the viola11 tion and restriction; and 

12 ‘‘(C) will be maintained until the body of 

13 water is in compliance with the water quality 

14 standard or until all fish and shellfish consump15 tion restrictions are terminated with respect to 

16 the body of water, as the case may be. 

17 ‘‘(2) NOTICE OF DISCHARGES TO NAVIGABLE

18 WATERS.—Except for permits issued to municipali19 ties for discharges composed entirely of stormwater 

20 under section 402 of this Act, each permit issued 

21 under section 402 by the Administrator or by a 

22 State shall ensure compliance with the following re23 quirements:

24 ‘‘(A) Every permittee shall conspicuously 

25 maintain at all public entrances to the facility 
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1 a clearly visible sign which indicates that the 

2 facility discharges pollutants into navigable wa3 ters and the location of such discharges; the 

4 name, business address, and phone number of 

5 the permittee; the permit number; and a loca6 tion at which a copy of the permit and public 

7 information required by this paragraph is main8 tained and made available for inspection or a 

9 phone number for obtaining such information. 

10 ‘‘(B) Each permittee which is a publicly 

11 owned treatment works shall include in each 

12 quarterly mailing of a bill to each customer of 

13 the treatment works information which indi14 cates that the treatment works discharges pol15 lutants into the navigable waters and the loca16 tion of each of such discharges; the name, busi17 ness address and phone number of the per18 mittee; the permit number; a location at which 

19 a copy of the permit and public information re20 quired by this paragraph is maintained and 

21 made available for inspection or a phone num22 ber for obtaining such information; and a list of 

23 all violations of the requirements of the permit 

24 by the treatment works over the preceding 12-

25 month period. 
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1 ‘‘(3) REGULATIONS.—

2 ‘‘(A) ISSUANCE.—The Administrator—

3 ‘‘(i) not later than 6 months after the 

4 date of enactment of this subsection, shall 

5 propose regulations to carry out this sub6 section; and 

7 ‘‘(ii) not later than 18 months after 

8 such date of enactment, shall issue such 

9 regulations. 

10 ‘‘(B) CONTENT.—The regulations issued to 

11 carry out this subsection shall establish—

12 ‘‘(i) uniform requirements and proce13 dures for identifying and posting bodies of 

14 water under paragraph (1); 

15 ‘‘(ii) minimum information to be in16 cluded in signs posted and notices issued 

17 pursuant to this subsection; 

18 ‘‘(iii) uniform requirements and proce19 dures for fish and shellfish sampling and 

20 analysis; and 

21 ‘‘(iv) uniform requirements for deter22 mining the nature and extent of fish and 

23 shellfish bans, advisories, and consumption 

24 restrictions which—
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1 ‘‘(I) address cancer and non2 cancer human health risks; 

3 ‘‘(II) take into account the ef4 fects of all fish and shellfish contami5 nants, including the cumulative and 

6 synergistic effects; 

7 ‘‘(III) assure the protection of 

8 subpopulations who consume higher 

9 than average amounts of fish and 

10 shellfish or are particularly susceptible 

11 to the effects of such contamination; 

12 ‘‘(IV) address race, gender, eth13 nic composition, or social and eco14 nomic factors, based on the latest 

15 available studies of national or re16 gional consumption by and impacts on 

17 such subpopulations unless more reli18 able site-specific data is available; 

19 ‘‘(V) are based on a margin of 

20 safety that takes into account the un21 certainties in human health impacts 

22 from such contamination; and

23 ‘‘(VI) evaluate assessments of 

24 health risks of contaminated fish and 

25 shellfish that are used in pollution 
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1 control programs developed by the Ad2 ministrator under this Act.’’. 

3 (d) COMMUNITY FAIRNESS REQUIREMENTS.—Sec4 tion 308 of such Act is further amended by adding at the 

5 end the following: 

6 ‘‘(f) CLEAN WATER COMMUNITY FAIRNESS.—

7 ‘‘(1) PURPOSE.—The purpose of this subsection 

8 is to ensure that violations of this title and title IV 

9 in predominately minority or economically distressed 

10 communities are identified and enforcement actions 

11 brought as quickly and effectively as violations in 

12 other communities. 

13 ‘‘(2) DESIGNATION OF SPECIAL PRIORITY

14 AREAS.—

15 ‘‘(A) IN GENERAL.—Not later than 6 

16 months after the date of enactment of this sub17 section, the President, acting through the Sec18 retary of Commerce, shall publish a list of ‘spe19 cial priority areas’, which shall be geographic

20 areas in which residents face a high degree of 

21 economic distress or social disenfranchisement. 

22 ‘‘(B) UPDATES.—The President shall up23 date the list not later than 2 years after each 

24 official census count on social and economic 
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1 characteristics performed by the Bureau of the 

2 Census under title 13, United States Code. 

3 ‘‘(C) REASONS FOR INCLUSION.—The 

4 President shall state the reason for including 

5 each area on the list. 

6 ‘‘(D) AREAS INCLUDED.—The list shall in7 clude—

8 ‘‘(i) all census tracts (or where not 

9 tracted, all equivalent county divisions as 

10 defined by the Bureau of the Census for 

11 the purpose of defining poverty areas) in 

12 which the poverty rate was more than 20 

13 percent, as determined by the most recent 

14 census data available; 

15 ‘‘(ii) areas that consist of parts of one 

16 or more census tracts or block numbering 

17 areas, and which the President believes ex18 perience a high degree of pervasive pov19 erty, unemployment, and general distress; 

20 ‘‘(iii) all census tracts or block num21 bering areas in which more than 50 per22 cent of residents identify themselves as one 

23 or more of Black, Asian, American Indian, 

24 Pacific Islander, Eskimo, or Aleut, or of 

25 any other non-White origin or of Hispanic 
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1 origin, as determined by the Bureau of the 

2 Census using the most recent census data 

3 available; and 

4 ‘‘(iv) areas in which the President be5 lieves residents may be subject to higher 

6 than average exposure to hazardous sub7 stances, as determined by the President 

8 using data gathered from Federal, State, 

9 and local government agencies and other 

10 sources of information. 

11 ‘‘(3) FREQUENCY, TIMELINESS, AND EFFEC12 TIVENESS OF ENFORCEMENT ACTIONS IN SPECIAL

13 PRIORITY AREAS.—The President shall ensure that 

14 inspection activities undertaken and enforcement ac15 tions brought by Federal agencies against persons in 

16 violation of this title and title IV in special priority 

17 areas shall be, at a minimum, at least as frequent, 

18 swift, and effective as inspection activities and en19 forcement actions brought against violators in other 

20 communities. 

21 ‘‘(4) REPORTING ON INSPECTIONS AND EN22 FORCEMENT ACTIONS IN SPECIAL PRIORITY

23 AREAS.—Not later than 2 years after the date of en24 actment of this subsection, and every 2 years there25 after, the President shall transmit to Congress a re-
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1 port comparing inspection rates and enforcement ac2 tions taken against facilities in special priority areas 

3 with actions taken on a national basis. The report 

4 shall contain a comparison of the following: 

5 ‘‘(A) The rate of enforcement actions in 

6 special priority areas with the aggregate na7 tional rate of enforcement actions for violations 

8 of this title and title IV. 

9 ‘‘(B) The average time for enforcement ac10 tions to be completed against persons subject to 

11 provisions of this title and title IV in special 

12 priority areas with the average enforcement 

13 time on a national basis. 

14 ‘‘(C) The type and average amount of pen15 alties assessed against violators of this title and 

16 title IV in special priority areas with the type 

17 and average amount assessed against violators 

18 of this title and title IV on a national basis. 

19 ‘‘(D) The percentage of noncompliance and 

20 the severity of noncompliance of persons subject 

21 to provisions of this title and title IV in special 

22 priority areas with the average percentage of

23 noncompliance and the severity of noncompli24 ance on a national basis. 
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1 ‘‘(E) The frequency rate of inspection ac2 tivities at facilities subject to this title and title 

3 IV in special priority areas with the inspection 

4 rate at a national level.’’. 

5 (e) STATE REPORTS.—Section 305(b) of such Act 

6 (33 U.S.C. 1315(b)) is amended—

7 (1) in paragraph (1)—

8 (A) by striking ‘‘and’’ at the end of sub9 paragraph (D); 

10 (B) by striking the period at the end of 

11 subparagraph (E) and inserting a semicolon; 

12 and 

13 (C) by adding at the end the following: 

14 ‘‘(F) a list identifying bodies of water for 

15 which signs were posted under section 

16 308(e)(1) in the preceding year and the reason 

17 or reasons for such posting; and 

18 ‘‘(G) an analysis of the enforcement ac19 tions taken by such State during the preceding 

20 year, including (i) the number of enforcement 

21 actions, (ii) the type of enforcement action, (iii) 

22 the average penalty assessed and collected for 

23 each action, (iv) the number of facilities in non24 compliance and the reason for such noncompli25 ance, (v) the number of facilities in noncompli-
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1 ance and the reason for such noncompliance, 

2 (vi) the number and percentage of facilities with 

3 expired permits, (vii) the number and percent 

4 of waters that are impaired, and (viii) the acres 

5 of wetlands authorized to be filled, restored, or 

6 created.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(3) CONTINUATION OF REPORTING.—Section 

9 3003 of the Federal Reports Elimination and Sunset 

10 Act of 1995 (31 U.S.C. 1113 note; 109 Stat 734–

11 736) shall not apply to reporting under this sub12 section.’’. 

13 SEC. 5. CIVIL PENALTIES. 

14 (a) ENFORCEMENT OF LOCAL PRETREATMENT RE15 QUIREMENTS.—

16 (1) COMPLIANCE ORDERS.—

17 (A) INITIAL ACTION.—Section 309(a)(1) of 

18 the Federal Water Pollution Control Act (33 

19 U.S.C. 1319(a)(1)) is amended by inserting

20 after ‘‘404 of this Act,’’ the following: ‘‘or is 

21 in violation of any requirement imposed in a 

22 pretreatment program approved under section 

23 402(a)(3) or 402(b)(8) of this Act,’’. 

24 (B) ISSUANCE OF ORDERS.—Section 

25 309(a)(3) of such Act is amended by inserting 
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1 after ‘‘404 of this Act by a State,’’ the fol2 lowing: ‘‘or is in violation of any requirement 

3 imposed in a pretreatment program approved 

4 under section 402(a)(3) or 402(b)(8) of this 

5 Act,’’.

6 (2) CRIMINAL PENALTIES.—Section 

7 309(c)(3)(A) of such Act is amended by inserting 

8 after ‘‘Army or by a State,’’ the following: ‘‘or know9 ingly violates any requirement imposed in a 

10 pretreatment program approved under section 

11 402(a)(3) or 402(b)(8) of this Act,’’. 

12 (3) ADMINISTRATIVE PENALTIES.—Section 

13 309(g)(1)(A) of such Act is amended by inserting 

14 after ‘‘404 by a State,’’ the following: ‘‘or has vio15 lated any requirement imposed in a pretreatment 

16 program approved under section 402(a)(3) or 

17 402(b)(8) of this Act or an order issued by the Ad18 ministrator under subsection (a) of this section,’’. 

19 (b) TREATMENT OF SINGLE OPERATIONAL UP20 SETS.—

21 (1) CRIMINAL PENALTIES.—Section 309(c) of 

22 such Act is amended by striking paragraph (5) and 

23 redesignating paragraphs (6) and (7) as paragraphs 

24 (5) and (6), respectively. 
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1 (2) CIVIL PENALTIES.—Section 309(d) of such 

2 Act is amended by striking the last sentence. 

3 (3) ADMINISTRATIVE PENALTIES.—Section 

4 309(g)(3) of such Act is amended by striking the 

5 last sentence.

6 (c) USE OF CIVIL PENALTIES FOR MITIGATION

7 PROJECTS.—

8 (1) IN GENERAL.—Section 309(d) of such Act 

9 is amended by inserting after the second sentence 

10 the following: ‘‘The court, in its discretion, may 

11 order that all or a portion of a civil penalty be used 

12 for carrying out beneficial projects to enhance public 

13 health or the environment by restoring or otherwise 

14 improving, in a manner consistent with this Act, the 

15 water quality, wildlife, or habitat of specific waters 

16 or watershed of the State in which the violation oc17 curred.’’. 

18 (2) CONFORMING AMENDMENT.—Section 

19 505(a) of such Act (33 U.S.C. 1365(a)) is amended 

20 by inserting before the period at the end of the last 

21 sentence the following: ‘‘, including ordering, in ac22 cordance with section 309(d), the use of all or a por23 tion of a civil penalty for carrying out beneficial

24 projects to enhance public health or the environment 

25 by restoring or otherwise improving, in a manner 
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1 consistent with this Act, the water quality, wildlife, 

2 or habitat of specific waters or watershed of the 

3 State in which the violation occurred’’. 

4 (d) DETERMINATION OF AMOUNT OF PENALTIES.—

5 (1) CIVIL PENALTIES.—The second sentence of 

6 section 309(d) of such Act (33 U.S.C. 1319(d)) is 

7 amended by inserting ‘‘the amount of any penalty 

8 previously imposed on the violator by a court or ad9 ministrative agency for the same violation or viola10 tions,’’ after ‘‘economic impact of the penalty on the 

11 violator,’’. 

12 (2) ADMINISTRATIVE PENALTIES.—Section 

13 309(g)(3) of such Act is amended—

14 (A) by striking ‘‘or savings’’; or 

15 (B) by inserting ‘‘the amount of any pen16 alty previously imposed on the violator by a 

17 court or administrative agency for the same vio18 lation or violations,’’ after ‘‘resulting from the 

19 violation,’’. 

20 (e) LIMITATION ON DEFENSES.—Section 309(g)(1) 

21 of such Act is amended by adding at the end the following: 

22 ‘‘In a proceeding to assess or review a penalty under this 

23 subsection, the adequacy of consultation between the Ad24 ministrator or the Secretary, as the case may be, and the 
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1 State shall not be a defense to assessment or enforcement 

2 of such penalty.’’. 

3 (f) AMOUNTS OF ADMINISTRATIVE CIVIL PEN4 ALTIES.—

5 (1) GENERAL RULE.—Section 309(g)(2) of 

6 such Act is amended to read as follows: 

7 ‘‘(2) AMOUNT OF PENALTIES; NOTICE; HEAR8 ING.—

9 ‘‘(A) MAXIMUM AMOUNT OF PENALTIES.—

10 The amount of a civil penalty under paragraph 

11 (1) may not exceed $27,500 per violation per 

12 day for each day during which the violation 

13 continues. 

14 ‘‘(B) WRITTEN NOTICE.—Before issuing 

15 an order assessing a civil penalty under this 

16 subsection, the Administrator or the Secretary, 

17 as the case may be, shall give to the person to 

18 be assessed the penalty written notice of the 

19 Administrator’s or Secretary’s proposal to issue 

20 the order and the opportunity to request, within 

21 30 days of the date the notice is received by 

22 such person, a hearing on the proposed order. 

23 ‘‘(C) HEARINGS NOT ON THE RECORD.—If 

24 the proposed penalty does not exceed $27,500, 

25 the hearing shall not be subject to section 554 
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1 or 556 of title 5, United States Code, but shall 

2 provide a reasonable opportunity to be heard 

3 and to present evidence. 

4 ‘‘(D) HEARINGS ON THE RECORD.—If the 

5 proposed penalty exceeds $27,500, the hearing 

6 shall be on the record in accordance with sec7 tion 554 of title 5, United States Code. The 

8 Administrator and the Secretary may issue 

9 rules for discovery procedures for hearings 

10 under this subparagraph.’’. 

11 (2) CONFORMING AMENDMENTS.—Section 

12 309(g) of such Act is amended—

13 (A) in paragraph (1) by striking ‘‘class I 

14 civil penalty or a class II’’; 

15 (B) in the second sentence of paragraph 

16 (4)(C) by striking ‘‘(2)(A) in the case of a class 

17 I civil penalty and paragraph (2)(B) in the case 

18 of a class II civil penalty’’ and inserting ‘‘(2)’’; 

19 and 

20 (C) in the first sentence of paragraph (8) 

21 by striking ‘‘assessment—’’ and all that follows 

22 through ‘‘by filing’’ and inserting ‘‘assessment 

23 in the United States District Court for the Dis24 trict of Columbia or in the district in which the 

25 violation is alleged to have occurred by filing’’. 
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1 (g) STATE ENFORCEMENT ACTIONS AS BAR TO FED2 ERAL ENFORCEMENT ACTIONS.—Section 309(g)(6)(A) of 

3 such Act is amended—

4 (1) by inserting ‘‘or’’ after the comma at the 

5 end of clause (i); 

6 (2) by striking clause (ii); and 

7 (3) by redesignating clause (iii) as clause (ii) 

8 and in such clause—

9 (A) by striking ‘‘, the Secretary, or the 

10 State’’ and inserting ‘‘or the Secretary’’; and 

11 (B) by striking ‘‘or such comparable State 

12 law, as the case may be,’’. 

13 (h) RECOVERY OF ECONOMIC BENEFIT.—Section 

14 309 of such Act is amended by adding at the end the fol15 lowing: 

16 ‘‘(h) RECOVERY OF ECONOMIC BENEFIT.—

17 ‘‘(1) GENERAL RULE.—Notwithstanding any 

18 other provision of this section, any civil penalty as19 sessed and collected under this section must be in an 

20 amount which is not less than the amount of any 

21 economic benefit resulting from the violation for 

22 which the penalty is assessed. 

23 ‘‘(2) REGULATIONS.—Not later than 18 months 

24 after the date of enactment of this subsection, the 

25 Administrator shall issue regulations establishing a 
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1 methodology for calculating the economic benefits or 

2 savings resulting from violations of this Act. Pend3 ing issuance of such regulations, this subsection 

4 shall be in effect and economic benefits shall be cal5 culated for purposes of paragraph (1) on a case-by6 case basis.’’. 

7 (i) LIMITATION ON COMPROMISES.—Section 309 of 

8 such Act is further amended by adding at the end the fol9 lowing: 

10 ‘‘(i) LIMITATION ON COMPROMISES OF CIVIL PEN11 ALTIES.—Notwithstanding any other provision of this sec12 tion, the amount of a civil penalty assessed under this sec13 tion may not be compromised below the amount deter14 mined by adding—

15 ‘‘(1) the minimum amount required for recovery 

16 of economic benefit under subsection (h), to 

17 ‘‘(2) 50 percent of the difference between the 

18 amount of the civil penalty assessed and such min19 imum amount.’’. 

20 (j) MINIMUM AMOUNT FOR SERIOUS VIOLATIONS.—

21 Section 309 of such Act is further amended by adding at 

22 the end the following:

23 ‘‘(j) MINIMUM CIVIL PENALTIES FOR SERIOUS VIO24 LATIONS AND SIGNIFICANT NONCOMPLIERS.—
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1 ‘‘(1) SERIOUS VIOLATIONS.—Notwithstanding 

2 any other provision of this section (other than para3 graph (2)), the minimum civil penalty which shall be 

4 assessed and collected under this section from a per5 son—

6 ‘‘(A) for a discharge from a point source of 

7 a hazardous pollutant which exceeds or other8 wise violates any applicable effluent limitation 

9 established by or under this Act by 20 percent 

10 or more, or 

11 ‘‘(B) for a discharge from a point source 

12 of a pollutant (other than a hazardous pollut13 ant) which exceeds or otherwise violates any ap14 plicable effluent limitation established by or 

15 under this Act by 40 percent or more, 

16 shall be $1,000 for the first such violation in a 180-

17 day period. 

18 ‘‘(2) SIGNIFICANT NONCOMPLIERS.—Notwith19 standing any other provision of this section, the min20 imum civil penalty which shall be assessed and col21 lected under this section from a person—

22 ‘‘(A) for the second or more discharge in 

23 a 180-day period from a point source of a haz24 ardous pollutant which exceeds or otherwise vio25 lates any applicable effluent limitation estab-
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1 lished by or under this Act by 20 percent or 

2 more, 

3 ‘‘(B) for the second or more discharge in 

4 a 180-day period from a point source of a pol5 lutant (other than a hazardous pollutant) which 

6 exceeds or otherwise violates any applicable ef7 fluent limitation established by or under this 

8 Act by 40 percent or more, 

9 ‘‘(C) for the fourth or more discharge in a 

10 180-day period from a point source of any pol11 lutant which exceeds or otherwise violates the 

12 same effluent limitation, or 

13 ‘‘(D) for not filing in a 180-day period 2 

14 or more reports in accordance with section 

15 402(s)(1), 

16 shall be $5,000 for each of such violations. 

17 ‘‘(3) MANDATORY INSPECTIONS FOR SIGNIFI18 CANT NONCOMPLIERS.—The Administrator shall 

19 identify any person described in paragraph (2) as a 

20 significant noncomplier and shall conduct an inspec21 tion described in section 402(r) of this Act of the fa22 cility at which the violations were committed. Such 

23 inspections shall be conducted at least once in the 

24 180-day period following the date of the most recent 
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1 violation which resulted in such person being identi2 fied as a significant noncomplier. 

3 ‘‘(4) ANNUAL REPORTING.—The Administrator 

4 shall transmit to Congress and to the Governors of 

5 the States and shall publish in the Federal Register, 

6 on an annual basis, a list of all persons identified as 

7 significant noncompliers under paragraph (3) in the 

8 preceding calendar year and the violations which re9 sulted in such classifications. The Administrator 

10 shall make the list available to the public upon re11 quest. 

12 ‘‘(5) HAZARDOUS POLLUTANT DEFINED.—For 

13 purposes of this subsection, the term ‘hazardous pol14 lutant’ has the meaning the term ‘hazardous sub15 stance’ has under subsection (c)(6) of this section.’’. 

16 (k) STATE PROGRAM.—Section 402(b)(7) of such Act 

17 (33 U.S.C. 1342(b)(7)) is amended to read as follows: 

18 ‘‘(7) To abate violations of the permit or the 

19 permit program which shall include, beginning on 

20 the last day of the 2-year period beginning on the 

21 date of the enactment of the Clean Water Compli22 ance and Enforcement Improvement Act of 2003, a 

23 penalty program comparable to the Federal penalty 

24 program under section 309 of this Act and which 

25 shall include at a minimum criminal, civil, and civil 
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1 administrative penalties, and may include other ways 

2 and means of enforcement, which the State dem3 onstrates to the satisfaction of the Administrator are 

4 equally effective as the Federal penalty program;’’. 

5 (l) FEDERAL PROCUREMENT COMPLIANCE INCEN6 TIVE.—Section 508(a) of such Act (33 U.S.C. 1368(a)) 

7 is amended by inserting after the second comma ‘‘or who 

8 is identified under section 309(j)(3) of this Act,’’. 

9 SEC. 6. NATIONAL POLLUTANT DISCHARGE ELIMINATION 

10 PERMITS. 

11 (a) WITHDRAWAL OF STATE PROGRAM APPROVAL.—

12 Section 402(b) of the Federal Water Pollution Control Act 

13 (33 U.S.C. 1342(b)) is amended by striking ‘‘unless he 

14 determines that adequate authority does not exist:’’ and 

15 inserting the following: ‘‘only when he determines that 

16 adequate authority exists and shall withdraw program ap17 proval whenever he determines that adequate authority no 

18 longer exists:’’. 

19 (b) JUDICIAL REVIEW OF RULINGS ON APPLICA20 TIONS FOR STATE PERMITS.—Section 402(b)(3) of such 

21 Act is amended by inserting ‘‘and to ensure that any inter22 ested person who participated in the public comment proc23 ess and any other person who could obtain judicial review 

24 of that action under any other applicable law has the right 
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1 to judicial review of such ruling’’ before the semicolon at 

2 the end. 

3 (c) INSPECTIONS FOR MAJOR INDUSTRIAL AND MU4 NICIPAL DISCHARGERS.—Section 402(b) of such Act is 

5 amended—

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

7 (8); 

8 (2) by striking the period at the end of para9 graph (9) and inserting a semicolon; and 

10 (3) by adding at the end the following: 

11 ‘‘(10) To ensure that any permit for a dis12 charge from a major industrial or municipal facility, 

13 as defined by the Administrator by regulation, in14 cludes conditions under which such facility will be 

15 subject to at least annual inspections by the State 

16 in accordance with subsection (r) of this section;’’. 

17 (d) MONTHLY REPORTS FOR SIGNIFICANT INDUS18 TRIAL USERS OF POTWS.—Section 402(b) of such Act 

19 is further amended by adding at the end the following: 

20 ‘‘(11) To ensure that any permit for a dis21 charge from a publicly owned treatment works in the 

22 State includes conditions under which the treatment 

23 works will require any significant industrial user of 

24 the treatment works, as defined by the Adminis25 trator by regulation, to prepare and submit to the
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1 Administrator, the State, and the treatment works 

2 a monthly discharge monitoring report as a condi3 tion to using the treatment works;’’. 

4 (e) PERMITS REQUIRED FOR INTRODUCTION OF

5 POLLUTANTS INTO POTWS.—Section 402(b) of such Act 

6 is further amended by adding at the end the following: 

7 ‘‘(12) To ensure that, after the last day of the 

8 2-year period beginning on the date of the enact9 ment of this paragraph, any significant industrial 

10 user, or other source designated by the Adminis11 trator, introducing a pollutant into a publicly owned 

12 treatment works has, and operates in accordance 

13 with, a permit issued by the treatment works or the 

14 State for introduction of such pollutant; and’’. 

15 (f) GRANTING OF AUTHORITY TO POTWS FOR IN16 SPECTIONS AND PENALTIES.—Section 402(b) of such Act 

17 is further amended by adding at the end the following: 

18 ‘‘(13) To ensure that the State will grant to 

19 publicly owned treatment works in the State, not 

20 later than 3 years after the date of the enactment 

21 of this paragraph, authority, power, and responsi22 bility to conduct inspections under subsection (r) of 

23 this section and to assess and collect civil penalties 

24 and civil administrative penalties under paragraph 

25 (7) of this subsection.’’. 
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1 (g) DENIAL OF PERMITS TO BAD ACTORS.—Section 

2 402(b) of such Act is further amended by adding at the 

3 end the following: 

4 ‘‘(14) To deny permit issuance or renewal to 

5 applicants whose compliance history in the State 

6 shows a demonstrated disregard for environmental 

7 laws and regulations or a pattern of noncompliance 

8 with such laws and regulations.’’. 

9 (h) CITIZEN PETITIONS.—Section 402(d) of such Act 

10 is amended—

11 (1) by redesignating paragraphs (3) and (4) as 

12 paragraphs (4) and (5), respectively; and 

13 (2) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) PETITIONING ADMINISTRATOR TO ISSUE

16 PERMIT.—

17 ‘‘(A) IN GENERAL.—If the Administrator 

18 does not object, in writing, to the issuance of a 

19 proposed permit pursuant to paragraph (2), any 

20 person may petition the Administrator within 

21 60 days after the expiration of the 90-day re22 view period specified in paragraph (2) to take 

23 such action. 
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1 ‘‘(B) COPIES.—A copy of such petition 

2 shall be provided to the State and the applicant 

3 by the petitioner. 

4 ‘‘(C) BASIS.—The petition shall be based 

5 only on objections to the permit that were 

6 raised with reasonable specificity during the 

7 public comment period provided by the State 

8 (unless the petitioner demonstrates in the peti9 tion to the Administrator that it was impracti10 cable to raise such objections within such period 

11 or unless the grounds for such objection arose 

12 after such period). The petition shall identify all 

13 such objections. 

14 ‘‘(D) EFFECT ON STATE-ISSUED PER15 MIT.—If the permit has been issued by the 

16 State, the petition shall not postpone the effec17 tiveness of the permit. 

18 ‘‘(E) DEADLINES.—The Administrator 

19 shall grant or deny the petition within 60 days 

20 after the petition is filed. The Administrator 

21 shall issue an objection within such period if 

22 the petitioner demonstrates to the Adminis23 trator that the permit is not in compliance with 

24 the requirements of this Act, including applica-
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1 ble Federal and State regulations in effect 

2 under this Act. 

3 ‘‘(F) JUDICIAL REVIEW.—A denial of the 

4 petition shall be subject to judicial review under 

5 section 509. 

6 ‘‘(G) REGULATIONS.—The Administrator 

7 shall issue regulations to implement this para8 graph. 

9 ‘‘(H) NONDELEGATION.—The Adminis10 trator may not delegate the requirements of 

11 this paragraph.’’; 

12 (3) in paragraph (4) (as redesignated by para13 graph (1) of this subsection), by inserting ‘‘WAIV14 ER.—’’ before ‘‘The Administrator’’; and 

15 (4) in paragraph (5) (as redesignated by para16 graph (1) of this subsection)—

17 (A) by inserting ‘‘PUBLIC HEARING ON

18 OBJECTIONS.—’’ before ‘‘In any’’; 

19 (B) by inserting ‘‘or (3)’’ after ‘‘(2)’’; and 

20 (C) by inserting at the end the following: 

21 ‘‘No objection shall be subject to judicial review 

22 until the Administrator takes final action to 

23 issue or deny a permit under this subsection.’’; 

24 and 
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1 (5) by aligning paragraphs (4) and (5) (as re2 designated by paragraph (2) of this subsection) with 

3 paragraph (3) (as inserted by paragraph (2) of this 

4 subsection). 

5 (i) INSPECTION.—Section 402 of such Act is amend6 ed by adding at the end the following: 

7 ‘‘(r) INSPECTION.—

8 ‘‘(1) GENERAL RULE.—Each permit for a dis9 charge into the navigable waters or introduction of 

10 pollutants into a publicly owned treatment works 

11 issued under this section shall include conditions 

12 under which the effluent being discharged will be 

13 subject to random unannounced inspections in ac14 cordance with this subsection by the Administrator 

15 or the State, in the case of a State permit program 

16 under this section. 

17 ‘‘(2) MINIMUM STANDARDS.—Not later than 6 

18 months after the date of enactment of this sub19 section, the Administrator shall establish minimum 

20 standards for inspections under this subsection. 

21 Such standards shall require, at a minimum, the fol22 lowing: 

23 ‘‘(A) An annual representative sampling by 

24 the Administrator or the State, in the case of 

25 a State permit program under this section, of
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1 the effluent being discharged; except that if the 

2 discharge is not from a major industrial or mu3 nicipal facility such sampling shall be conducted 

4 at least once every 3 years. 

5 ‘‘(B) An analysis of all samples collected 

6 under subparagraph (A) by a Federal or State 

7 owned and operated laboratory or a State ap8 proved laboratory, other than one that is being 

9 used by the permittee or that is directly or indi10 rectly owned, operated, or managed by the per11 mittee. 

12 ‘‘(C) An evaluation of the maintenance 

13 record of any treatment equipment of the per14 mittee. 

15 ‘‘(D) An evaluation of the sampling tech16 niques used by the permittee. 

17 ‘‘(E) A random check of discharge moni18 toring reports of the permittee for each 12-

19 month period for the purpose of determining 

20 whether or not such reports are consistent with 

21 the applicable analyses conducted under sub22 paragraph (B). 

23 ‘‘(F) An inspection of the sample storage 

24 facilities and techniques of the permittee.’’. 
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1 (j) REPORTING.—Section 402 of such Act is further 

2 amended by adding at the end the following: 

3 ‘‘(s) REPORTING.—

4 ‘‘(1) GENERAL RULE.—Each person holding a 

5 permit issued under this section which is determined 

6 by the Administrator to be a major industrial or mu7 nicipal discharger of pollutants into the navigable 

8 waters shall prepare and submit to the Adminis9 trator a monthly discharge monitoring report. Any 

10 other person holding a permit issued under this sec11 tion shall prepare and submit to the Administrator 

12 quarterly discharge monitoring reports or more fre13 quent discharge monitoring reports if the Adminis14 trator requires. Such reports shall contain, at a min15 imum, such information as the Administrator shall 

16 require by regulation. 

17 ‘‘(2) REPORTING OF HAZARDOUS DIS18 CHARGES.—

19 ‘‘(A) GENERAL RULE.—If a discharge 

20 from a point source for which a permit is issued 

21 under this section exceeds an effluent limitation 

22 contained in such permit which is based on an 

23 acute water quality standard or any other dis24 charge which may cause an exceedance of an 

25 acute water quality standard or otherwise is 
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•HR 1624 IH 

1 likely to cause injury to persons or damage to 

2 the environment or to pose a threat to human 

3 health and the environment, the person holding 

4 such permit shall notify the Administrator and 

5 the affected States and municipalities, in writ6 ing, of such discharge not later than 2 hours 

7 after the later of the time at which such dis8 charge commenced or the time at which the 

9 permittee knew or had reason to know of such 

10 discharge. 

11 ‘‘(B) SPECIAL RULE FOR HAZARDOUS POL12 LUTANTS.—If a discharge described in subpara13 graph (A) is of a hazardous pollutant (as de14 fined in section 309(j) of this Act), the person 

15 holding such permit shall provide the Adminis16 trator with such additional information on the 

17 discharge as may be required by the Adminis18 trator. Such additional information shall be 

19 provided to the Administrator within 24 hours 

20 after the later of the time at which such dis21 charge commenced or the time at which the 

22 permittee became aware of such discharge. 

23 Such additional information shall include, at a 

24 minimum, an estimate of the danger posed by 

25 the discharge to the environment, whether the 
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•HR 1624 IH 

1 discharge is continuing, and the measures taken 

2 or being taken (i) to remediate the problem 

3 caused by the discharge and any damage to the 

4 environment, and (ii) to avoid a repetition of 

5 the discharge. 

6 ‘‘(3) SIGNATURE.—All reports filed under para7 graph (1) must be signed and dated by the highest 

8 ranking official having day-to-day managerial and 

9 operational responsibility for the facility at which the 

10 discharge occurs or, in the absence of such person, 

11 by another responsible high ranking official at such 

12 facility. Such highest ranking official shall be re13 sponsible for the accuracy of all information con14 tained in such reports; except that such highest 

15 ranking official may file with the Administrator 

16 amendments to any such report if the report was 

17 signed in the absence of the highest ranking official 

18 by another high ranking official and if such amend19 ments are filed within 7 days of the return of the 

20 highest ranking official.’’. 

21 (k) LIMITATION ON ISSUANCE OF PERMITS TO SIG22 NIFICANT NONCOMPLIERS.—Section 402 of such Act is 

23 further amended by adding at the end the following: 

24 ‘‘(t) SIGNIFICANT NONCOMPLIERS.—No permit may 

25 be issued under this section to any person (other than a 
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1 publicly owned treatment works) identified under section 

2 309(j)(3) of this Act or to any other person owned or con3 trolled by the identified person, owning or controlling the 

4 identified person, or under common control with the iden5 tified person, until the Administrator or the State or 

6 States in which the violation or violations occur deter7 mines that the condition or conditions giving rise to such 

8 violation or violations have been corrected. No permit ap9 plication submitted after the date of the enactment of this 

10 subsection may be approved unless the application in11 cludes a list of all violations of this Act by a person identi12 fied under section 309(j) of this Act during the 3-year pe13 riod preceding the date of submission of the application 

14 and evidence indicating whether the underlying cause of 

15 each such violation has been corrected.’’. 

16 (l) APPLICABILITY.—The amendments made by this 

17 section and section 8 shall apply to permits issued before, 

18 on, or after the date of enactment of this Act; except 

19 that—

20 (1) with respect to permits issued before such 

21 date of enactment to a major industrial or municipal 

22 discharger, such amendments shall take effect on the 

23 last day of the 1-year period beginning on such date 

24 of enactment; and
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•HR 1624 IH 

1 (2) with respect to all other permits issued be2 fore such date of enactment, such amendments shall 

3 take effect on the last day of the 18-month period 

4 beginning on such date of enactment. 

5 SEC. 7. EXPIRED STATE PERMITS. 

6 Section 402(d) of the Federal Water Pollution Con7 trol Act (33 U.S.C. 1342(d)) is further amended by add8 ing at the end the following: 

9 ‘‘(6) EXPIRED STATE PERMITS.—

10 ‘‘(A) AUTHORITY OF ADMINISTRATOR.—In 

11 any case in which—

12 ‘‘(i) a permit issued by a State for a 

13 discharge has expired, 

14 ‘‘(ii) the permittee has submitted an 

15 application to the State for a new permit 

16 for the discharge, and 

17 ‘‘(iii) the State has not acted on the 

18 application before the last day of the 12-

19 month period beginning on the date the 

20 permit expired, 

21 the Administrator may issue a permit for the 

22 discharge under subsection (a). 

23 ‘‘(B) TREATMENT IF NO NEW PERMIT.—If 

24 a permit issued by a State for a discharge of 

25 one or more pollutants expires and the State or 
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1 the Administrator has not issued a new permit 

2 for the discharge by the last day of the 12-

3 month period beginning on the date the permit 

4 expired, the permittee shall be in violation of 

5 this Act if the permittee continues to discharge 

6 such pollutants. 

7 ‘‘(C) APPLICABILITY OF NEW REGULA8 TIONS.—If a State or the Administrator allows 

9 a discharge to continue after the date of expira10 tion of a permit issued by the State or Adminis11 trator and before issuance of a new permit for 

12 the discharge, regulations issued after such ex13 piration date shall apply to the discharge under 

14 the expired permit.’’. 

15 SEC. 8. POLLUTION PREVENTION PLANS. 

16 Section 402 of the Federal Water Pollution Control 

17 Act (42 U.S.C. 1342) is further amended by adding at 

18 the end the following: 

19 ‘‘(u) POLLUTION PREVENTION PLANS.—

20 ‘‘(1) IN GENERAL.—Each applicant for a per21 mit for a discharge of one or more pollutants shall 

22 submit to the Administrator, with the application for 

23 the permit, a pollution prevention plan that details 

24 the applicant’s plans for reducing the discharge of 

25 such pollutants at a measurable rate. 
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1 ‘‘(2) FORM AND CONTENT.—The plan shall be 

2 in such form and contain such information as the 

3 Administrator may require by regulation. 

4 ‘‘(3) DEADLINE FOR ISSUANCE OF REGULA5 TIONS.—The Administrator shall issue regulations to 

6 carry out this subsection not later than the last day 

7 of the 18-month period beginning on the date of en8 actment of this subsection.’’. 

9 SEC. 9. COMPLIANCE SCHEDULE. 

10 Section 302(b)(2)(B) of the Federal Water Pollution 

11 Control Act (33 U.S.C. 1312(b)(2)(B)) is amended by 

12 adding at the end the following: ‘‘The Administrator may 

13 only issue a permit pursuant to this subparagraph for a 

14 period exceeding 2 years if the Administrator makes the 

15 findings described in clauses (i) and (ii) of this subpara16 graph on the basis of a public hearing.’’. 

17 SEC. 10. EMERGENCY POWERS. 

18 Section 504 of the Federal Water Pollution Control 

19 Act (33 U.S.C. 1364) is amended to read as follows: 

20 ‘‘SEC. 504. COMMUNITY PROTECTION. 

21 ‘‘(a) ISSUANCE OF ORDERS; COURT ACTION.—Not22 withstanding any other provision of this Act, whenever the 

23 Administrator finds that, because of an actual or threat24 ened direct or indirect discharge of a pollutant, there may 

25 be an imminent and substantial endangerment to the pub-
41

•HR 1624 IH 

1 lic health or welfare (including the livelihood of persons) 

2 or the environment (including wildlife), the Administrator 

3 may issue such orders or take such action as may be nec4 essary to protect public health or welfare or the environ5 ment and commence a suit (or cause it to be commenced) 

6 in the United States district court for the district where 

7 the discharge or threat occurs. Such court may grant such 

8 relief to abate the threat and to protect against the 

9 endangerment as the public interest and the equities re10 quire, enforce, and adjudge penalties for disobedience to 

11 orders of the Administrator issued under this section, and 

12 grant other relief according to the public interest and the 

13 equities of the case. 

14 ‘‘(b) ENFORCEMENT OF ORDERS.—Any person who, 

15 without sufficient cause, violates or fails to comply with 

16 an order of the Administrator issued under this section, 

17 shall be liable for civil penalties to the United States in 

18 an amount not to exceed $27,500 per day for each day 

19 on which such violation or failure occurs or continues.’’. 

20 SEC. 11. CITIZEN SUITS. 

21 (a) SUITS FOR PAST VIOLATIONS.—Section 505 of 

22 the Federal Water Pollution Control Act (33 U.S.C. 1365) 

23 is amended—

24 (1) in subsection (a)(1) by inserting ‘‘to have 

25 violated (if there is evidence that the alleged viola-
42

•HR 1624 IH 

1 tions has been repeated) or’’ after ‘‘who is alleged’’; 

2 and 

3 (2) in subsection (f)(6) by inserting ‘‘has been 

4 or’’ after ‘‘which’’. 

5 (b) TIME LIMIT.—Section 505(b)(1)(A) of such Act 

6 is amended by striking ‘‘sixty days’’ and inserting ‘‘30 

7 days’’. 

8 (c) EFFECT OF JUDGMENTS ON CITIZEN SUITS.—

9 Section 505(b) of such Act is further amended—

10 (1) in paragraph (1)(B) by striking ‘‘right.’’ 

11 and inserting ‘‘right and may obtain costs of litiga12 tion under subsection (d), or’’; and 

13 (2) by adding at the end the following: ‘‘The 

14 notice under paragraph (1)(A) need set forth only 

15 violations which have been specifically identified in 

16 the discharge monitoring reports of the alleged viola17 tor. An action under subsection (a)(1) may be 

18 brought at any time. No judicial action by the Ad19 ministrator or a State shall bar an action for the 

20 same violation under subsection (a)(1) unless the ac21 tion is by the Administrator and meets the require22 ments of this paragraph. No administrative action 

23 by the Administrator shall bar a pending action 

24 commenced after February 4, 1987, for the same 

25 violation under subsection (a)(1) unless the action
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•HR 1624 IH 

1 by the Administrator meets the requirements of sec2 tion 309(g)(6) of this Act.’’. 

3 (d) CONSENT JUDGMENTS.—Section 505(c)(3) of 

4 such Act is amended by adding at the end the following: 

5 ‘‘Consent judgments entered under this section may pro6 vide that the civil penalties included in the consent judg7 ment be used for carrying out mitigation projects in ac8 cordance with section 309(d).’’. 

9 (e) PRETREATMENT REQUIREMENTS.—Section 

10 505(f)(4) of such Act is amended by striking ‘‘or 

11 pretreatment standards’’ and inserting ‘‘or pretreatment 

12 standard or requirement described in section 307(d)’’. 

13 (f) EFFLUENT STANDARD DEFINITION.—Section 

14 505(f)(6) of such Act is amended by inserting ‘‘narrative 

15 or mathematical’’ before ‘‘condition’’. 

16 (g) CITIZEN DEFINED.—Section 505(g) of such Act 

17 is amended to read as follows: 

18 ‘‘(g) CITIZEN DEFINED.—For purposes of this sec19 tion, the term ‘citizen’ means a person or persons having 

20 an interest (including a recreational, aesthetic, environ21 mental, health, or economic interest) which is, has been, 

22 or may be adversely affected and includes a person who 

23 uses or enjoys the waters into which the discharge flows 

24 (either directly or through a publicly owned treatment 

25 works), who uses or enjoys aquatic resources or nearby 
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•HR 1624 IH 

1 lands associated with the waters, or who would use or 

2 enjoy the waters, aquatic resources, or nearby lands if they 

3 were less polluted.’’. 

4 (h) OFFERS OF JUDGMENT.—Section 505 of such 

5 Act is further amended by adding at the end the following: 

6 ‘‘(i) APPLICABILITY OF OFFERS OF JUDGMENT.—Of7 fers of judgment pursuant to Rule 68 of the Federal Rules 

8 of Civil Procedure shall not be applicable to actions 

9 brought under subsection (a)(1) of this section.’’. 

10 SEC. 12. EMPLOYEE PROTECTION. 

11 Section 507 of the Federal Water Pollution Control 

12 Act (33 U.S.C. 1367) is amended—

13 (1) in subsection (e) by inserting ‘‘CONTINUING

14 EVALUATIONS.—’’ after ‘‘(e)’’; 

15 (2) by redesignating subsection (e) as sub16 section (f); and 

17 (3) by striking subsections (a), (b), (c), and (d) 

18 and inserting the following: 

19 ‘‘(a) IN GENERAL.—No employer or other person 

20 may harass, prosecute, hold liable, or discriminate against 

21 any employee or other person because the person—

22 ‘‘(1) is assisting or demonstrating an intent to 

23 assist in achieving compliance with any provision of 

24 this Act (including a rule or regulation issued to 

25 carry out this Act); 
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•HR 1624 IH 

1 ‘‘(2) is refusing to violate or assist in the viola2 tion of any provision of this Act (including a rule or 

3 regulation issued to carry out this Act); or 

4 ‘‘(3) has commenced, caused to be commenced, 

5 or is about to commence a proceeding, has testified 

6 or is about to testify at a proceeding, or has assisted 

7 or participated or is about to assist or participate in 

8 any manner in such a proceeding or in any other ac9 tion to carry out the purposes of this Act. 

10 ‘‘(b) FILING COMPLAINTS AND PROCEDURES.—

11 ‘‘(1) FILING DEADLINE.—An employee alleging 

12 a violation of subsection (a), or another person at 

13 the employee’s request, may file a complaint with 

14 the Secretary of Labor not later than 365 days after 

15 the alleged violation occurred. 

16 ‘‘(2) PROCEDURES.—

17 ‘‘(A) INVESTIGATION; PRELIMINARY OR18 DERS.—Not later than 60 days after receiving 

19 a complaint, the Secretary shall conduct an in20 vestigation, decide whether it is reasonable to 

21 believe the complaint has merit, and notify the 

22 complainant and the person alleged to have 

23 committed the violation of the findings. If the 

24 Secretary decides it is reasonable to believe a 

25 violation occurred, the Secretary shall include 
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1 with the decision findings and a preliminary 

2 order for the relief provided under paragraph 

3 (3). 

4 ‘‘(B) OBJECTIONS TO PRELIMINARY

5 ORDER.—Not later than 30 days after the no6 tice under subparagraph (A) of this paragraph, 

7 the complainant and the person alleged to have 

8 committed the violation may file objections to 

9 the findings or preliminary order, or both, and 

10 request a hearing on the record. The filing of 

11 objections does not stay a reinstatement or12 dered in the preliminary order. If a hearing is 

13 not requested within the 30 days, the prelimi14 nary order is final and not subject to judicial 

15 review. 

16 ‘‘(C) HEARING; FINAL ORDER; SETTLE17 MENT AGREEMENT.—A hearing shall be con18 ducted expeditiously. Not later than 120 days 

19 after the end of the hearing, the Secretary shall 

20 issue a final order. Before the final order is 

21 issued, the proceeding may be ended by a settle22 ment agreement made by the Secretary, the 

23 complainant, and the person alleged to have 

24 committed the violation. 

25 ‘‘(3) ORDER.—
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1 ‘‘(A) PENALTIES.—If the Secretary de2 cides, on the basis of a complaint, a person vio3 lated subsection (a), the Secretary shall order 

4 the person to—

5 ‘‘(i) take affirmative action to abate 

6 the violation; 

7 ‘‘(ii) reinstate the complainant to the 

8 former position with the same pay and 

9 terms and privileges of employment; and 

10 ‘‘(iii) pay compensatory damages, in11 cluding back pay. 

12 ‘‘(B) COSTS.—If the Secretary issues an 

13 order under subparagraph (A) and the com14 plainant requests, the Secretary may assess 

15 against the person against whom the order is 

16 issued the costs (including attorney’s fees) rea17 sonably incurred by the complainant in bringing 

18 the complaint. The Secretary shall determine 

19 the costs that reasonably were incurred. 

20 ‘‘(4) JUDICIAL REVIEW AND VENUE.—A person 

21 adversely affected by an order issued after a hearing 

22 under this subsection may file a petition for review, 

23 not later than 60 days after the order is issued, in 

24 the court of appeals of the United States for the cir25 cuit in which the violation occurred or the person re-
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•HR 1624 IH 

1 sided on the date of the violation. The review shall 

2 be heard and decided expeditiously. An order of the 

3 Secretary subject to review under this paragraph is 

4 not subject to judicial review in a criminal or other 

5 civil proceeding. 

6 ‘‘(5) CIVIL ACTIONS TO ENFORCE.—If a person 

7 fails to comply with an order issued under this sub8 section, the Secretary shall bring a civil action to en9 force the order in the district court of the United 

10 States for the judicial district in which the violation 

11 occurred. 

12 ‘‘(c) BURDENS OF PROOF.—The legal burdens of 

13 proof with respect to a violation of subsection (a) shall 

14 be governed by the applicable provisions of sections 1214 

15 and 1221 of title 5, United States Code. 

16 ‘‘(d) SUBPOENA AUTHORITY.—With respect to an al17 leged violation of subsection (a), the Secretary of Labor 

18 may issue a subpoena for the attendance and testimony 

19 of any person and the production of documentary or other 

20 evidence from any person if the testimony or production 

21 requested is not unduly burdensome and appears reason22 ably calculated to lead to the discovery of admissible evi23 dence. 
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1 ‘‘(e) POSTING REQUIREMENT.—The provisions of 

2 this section shall be prominently posted in any place of 

3 employment to which this section applies.’’. 

4 SEC. 13. ISSUANCE OF SUBPOENAS. 

5 Section 509(a)(1) of the Federal Water Pollution 

6 Control Act (33 U.S.C. 1369(a)(1)) is amended by strik7 ing ‘‘obtaining information under section 305 of this Act, 

8 or carrying out section 507(e) of’’ and inserting ‘‘carrying 

9 out’’. 

10 SEC. 14. JUDICIAL REVIEW OF EPA ACTIONS. 

11 Section 509(b)(1) of the Federal Water Pollution 

12 Control Act (33 U.S.C. 1369(b)(1)) is amended—

13 (1) by inserting after the comma at the end of 

14 clause (D) ‘‘including a decision to deny a petition 

15 by interested person to veto an individual permit 

16 issued by a State,’’; 

17 (2) by inserting after the comma at the end of 

18 clause (E) ‘‘including a decision not to include any 

19 pollutant in such effluent limitation or other limita20 tion if the Administrator has or is made aware of in21 formation indicating that such pollutant is present 

22 in any discharge subject to such limitation,’’; and 

23 (3) by striking ‘‘and (G)’’ and inserting the fol24 lowing: ‘‘(G) in issuing or approving any water qual25 ity standard under section 303(c) or 303(d), (H) in 
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•HR 1624 IH 

1 issuing any water quality criterion under section 

2 304(a), including a decision not to address any ef3 fect of the pollutant subject to such criterion if the 

4 Administrator has or is made aware of information 

5 indicating that such effect may occur, and (J)’’. 

6 SEC. 15. NATIONAL CLEAN WATER TRUST FUND. 

7 (a) IN GENERAL.—Title V of the Federal Water Pol8 lution Control Act (33 U.S.C. 1361–1377) is amended by 

9 redesignating section 519 as section 520 and by inserting 

10 after section 518 the following new section: 

11 ‘‘SEC. 519. NATIONAL CLEAN WATER TRUST FUND. 

12 ‘‘(a) CREATION OF TRUST FUND.—There is estab13 lished in the Treasury of the United States a trust fund 

14 to be known as the ‘Clean Water Trust Fund’. 

15 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here16 by appropriated to the Clean Water Trust Fund amounts 

17 equivalent to the penalties collected under section 309 of 

18 this Act and the penalties collected under section 505(a) 

19 of this Act (excluding any amounts ordered to be used to 

20 carry out mitigation projects under section 309 or 505(a), 

21 as the case may be). 

22 ‘‘(c) ADMINISTRATION OF TRUST FUND.—The Ad23 ministrator shall administer the Clean Water Trust Fund. 

24 The Administrator may use moneys in the Fund to carry 

25 out inspections and enforcement activities pursuant to this 
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1 Act. In addition, the Administrator may make such 

2 amounts of money in the Fund as the Administrator de3 termines appropriate available to carry out title VI of this 

4 Act.’’. 

5 (b) CONFORMING AMENDMENT TO STATE REVOLV6 ING FUND PROGRAM.—Section 607 of such Act (33 

7 U.S.C. 1387) is amended—

8 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

9 ‘‘There is’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(b) TREATMENT OF TRANSFERS FROM CLEAN

12 WATER TRUST FUND.—For purposes of this title, 

13 amounts made available from the Clean Water Trust 

14 Fund under section 519 of this Act to carry out this title 

15 shall be treated as funds authorized to be appropriated 

16 to carry out this title and as funds made available under 

17 this title.’’. 

18 SEC. 16. FEDERAL FACILITIES CLEAN WATER COMPLIANCE. 

19 (a) APPLICATION OF CERTAIN PROVISIONS TO FED20 ERAL FACILITIES.—Section 313(a) of the Federal Water 

21 Pollution Control Act (33 U.S.C. 1323(a)) is amended to 

22 read as follows: 

23 ‘‘(a) COMPLIANCE.—
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1 ‘‘(1) DEFINITION OF REASONABLE SERVICE

2 CHARGE.—In this subsection, the term ‘reasonable 

3 service charge’ includes—

4 ‘‘(A) a fee or charge assessed in connection 

5 with the processing, issuance, renewal, or 

6 amendment of a permit, review of a plan, study, 

7 or other document, or inspection or monitoring 

8 of a facility; and 

9 ‘‘(B) any other nondiscriminatory charge 

10 that is assessed in connection with a Federal, 

11 State, interstate, or local water pollution regu12 latory program. 

13 ‘‘(2) REQUIREMENT.—Each department, agen14 cy, and instrumentality of the executive, legislative, 

15 or judicial branch of the Federal Government that 

16 has jurisdiction over any property or facility, or is 

17 engaged in any activity that results, or that may re18 sult, in the discharge or runoff of a pollutant shall 

19 be subject to, and shall comply with, all Federal, 

20 State, interstate, and local substantive and proce21 dural requirements (including any requirement for a 

22 permit or reporting, any provision for injunctive re23 lief and such sanctions as are imposed by a Federal 

24 or State court to enforce the relief, and any require25 ment for the payment of a reasonable service 
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1 charge) concerning the control and abatement of 

2 water pollution in the same manner, and to the same 

3 extent, as any other person is subject to the require4 ments. 

5 ‘‘(3) WAIVER OF SOVEREIGN IMMUNITY.—The 

6 United States expressly waives any immunity other7 wise applicable to the United States with respect to 

8 any substantive or procedural requirement, adminis9 trative authority, and process and sanction described 

10 in paragraph (2), including immunity from process 

11 in an administrative or court action seeking—

12 ‘‘(A) injunctive relief; 

13 ‘‘(B) imposition of a sanction referred to 

14 in this subsection; 

15 ‘‘(C) enforcement of an administrative 

16 order; 

17 ‘‘(D) imposition of an administrative or 

18 civil penalty or fine; or 

19 ‘‘(E) payment of a reasonable service 

20 charge. 

21 ‘‘(4) ADMINISTRATIVE ORDERS AND PEN22 ALTIES.—The substantive and procedural require23 ments described in paragraph (2) include all admin24 istrative orders and all civil and administrative pen25 alties or fines, regardless of whether the penalties or 
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1 fines are punitive or coercive in nature or are im2 posed for isolated, intermittent, or continuing viola3 tions. 

4 ‘‘(5) INJUNCTIVE RELIEF.—The United States 

5 (including any agent, employee, or officer of the 

6 United States) shall not be immune or exempt from 

7 any process or sanction of any State or Federal 

8 court with respect to the enforcement of any injunc9 tive relief referred to in paragraphs (2) and (3). 

10 ‘‘(6) CIVIL PENALTIES.—No agent, employee, 

11 or officer of the United States shall be personally 

12 liable for any civil penalty under any Federal, State, 

13 interstate, or local water pollution regulatory pro14 gram with respect to any act or omission within the 

15 scope of the official duties of the agent, employee, or 

16 officer. 

17 ‘‘(7) CRIMINAL PENALTIES.—

18 ‘‘(A) AGENTS, EMPLOYEES, AND OFFI19 CERS.—An agent, employee, or officer of the 

20 United States shall be subject to any criminal 

21 sanction (including a fine or imprisonment) 

22 under any Federal, State, interstate, or local 

23 water pollution regulatory program. 

24 ‘‘(B) DEPARTMENTS, AGENCIES, AND IN25 STRUMENTALITIES.—No department, agency,
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1 or instrumentality of the executive, legislative, 

2 or judicial branch of the Federal Government 

3 shall be subject to a sanction referred to in sub4 paragraph (A).’’. 

5 (b) FEDERAL FACILITY ENFORCEMENT.—Section 

6 309 of such Act (33 U.S.C. 1319) is further amended by 

7 adding at the end the following: 

8 ‘‘(k) FEDERAL FACILITY ENFORCEMENT.—

9 ‘‘(1) COMPLIANCE ORDERS.—

10 ‘‘(A) IN GENERAL.—Whenever on the basis 

11 of any information available to him or her—

12 ‘‘(i) the Administrator determines 

13 that any department, agency, or instru14 mentality of the United States has violated 

15 or is in violation of section 301, 302, 306, 

16 307, 308, 311, 318, or 405 of this Act, or 

17 has violated or is in violation of any permit 

18 condition or limitation implementing any 

19 such section in a permit issued under sec20 tion 402 of this Act by the Administrator 

21 or by a State, or in a permit issued under 

22 section 404 of this Act by a State, or any 

23 requirement imposed in a pretreatment 

24 program approved under section 402(a)(3) 

25 or 402(b)(8) of this Act, or any require-
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1 ment imposed under section 402(b)(9) of 

2 this Act; 

3 ‘‘(ii) the Secretary of the Army deter4 mines that any department, agency, or in5 strumentality of the United States has vio6 lated or is in violation of section 301 with 

7 regard to discharges of dredged or fill ma8 terial or any condition or limitation in a 

9 permit issued under section 404 of this 

10 Act; and 

11 ‘‘(iii) the Secretary of the department 

12 in which the Coast Guard is operating de13 termines that any department, agency, or 

14 instrumentality of the United States has 

15 violated any provision of section 311 of 

16 this Act or any of its implementing regula17 tions; 

18 the Administrator or Secretary, as applicable, 

19 may issue an order to assess an administrative 

20 penalty for any past or current violation or re21 quire compliance or correction of any past or 

22 current violation immediately or within a speci23 fied time period, or both. 

24 ‘‘(B) REQUIRED TERMS.—Any order 

25 issued under this subsection—
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1 ‘‘(i) by the Administrator may include 

2 a suspension or revocation of any permit 

3 issued by the Administrator or a State 

4 under sections 402 and 404 of this Act; 

5 and 

6 ‘‘(ii) by the Secretary of the Army 

7 may include a suspension or revocation of 

8 any permit issued by the Secretary of the 

9 Army under section 404 of this Act; and 

10 shall state with reasonable specificity the nature of 

11 the violation. Any penalty assessed in the order shall 

12 not exceed $27,500 per day for each violation. 

13 ‘‘(2) VIOLATION OF COMPLIANCE ORDERS.—If 

14 a violator fails to take corrective action within the 

15 time specified in an order issued under paragraph 

16 (1)—

17 ‘‘(A) the Administrator or Secretary, as 

18 applicable, may assess a civil penalty of not 

19 more than $27,500 for each day of continued 

20 noncompliance with the order; and 

21 ‘‘(B)(i) the Administrator may suspend or 

22 revoke any permit issued pursuant to section 

23 402 or 404 of this Act which is the subject of 

24 the order, whether issued by the Administrator 

25 or the State; and 
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1 ‘‘(ii) the Secretary of the Army may sus2 pend or revoke any permit issued pursuant to 

3 section 404 of this Act. 

4 ‘‘(3) EMERGENCY ORDERS AT FEDERAL FACILI5 TIES.—The Administrator may issue an emergency 

6 administrative order to, and assess an administrative 

7 penalty for violations of the order against, a Federal 

8 agency under the same circumstances as an emer9 gency order may be issued to, and such penalty for 

10 violation of such order may be assessed, against any 

11 other person under this title. 

12 ‘‘(4) PUBLIC HEARING.—

13 ‘‘(A) IN GENERAL.—Any order issued 

14 under this subsection shall become final unless, 

15 not later than 30 days after the order is served, 

16 a department, agency, or instrumentality of the 

17 United States named therein requests a public 

18 hearing. 

19 ‘‘(B) CONDUCT.—Upon a request under 

20 this paragraph, the Administrator or Secretary, 

21 as applicable, shall promptly conduct a public 

22 hearing. Such public hearing shall be conducted 

23 in accordance with section 554 of title 5, 

24 United States Code. 
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1 ‘‘(C) SUBPOENAS.—In connection with any 

2 proceeding under this subsection, the Adminis3 trator or Secretary may issue subpoenas for the 

4 attendance and testimony of witnesses and the 

5 production of relevant papers, books, and docu6 ments and may promulgate rules for discovery 

7 procedures. 

8 ‘‘(5) CONSULTATION WITH THE ADMINIS9 TRATOR.—No administrative order, including any 

10 emergency order or field citation, issued to a Federal 

11 department, agency or instrumentality under this 

12 subsection shall become final until such department, 

13 agency, or instrumentality has had the opportunity 

14 to confer with the Administrator. 

15 ‘‘(6) EXISTING COMPLIANCE ORDERS.—Nothing 

16 in this subsection shall be construed to alter, modify, 

17 or change in any manner any Federal facility com18 pliance agreement, permit, administrative order or 

19 judicial order that is in effect on the effective date 

20 of this subsection. 

21 ‘‘(7) ACTIONS AND RIGHTS OF INTERESTED

22 PERSONS.—No administrative action which has been 

23 commenced by the Administrator or the Secretary 

24 under this subsection with respect to a violation 

25 shall preclude a civil enforcement action under sec-
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1 tion 505 of this Act for the same violation or viola2 tions. 

3 ‘‘(8) SPECIAL RULES.—

4 ‘‘(A) PUBLIC NOTICE.—Before issuing an 

5 order under this subsection, the Administrator 

6 or Secretary, as the case may be, shall provide 

7 public notice of and reasonable opportunity to 

8 comment on the proposed issuance of such 

9 order. 

10 ‘‘(B) PRESENTATION OF EVIDENCE.—Any 

11 person who comments on a proposed order 

12 under this subsection shall be given notice of 

13 any hearing held with respect to the proposed 

14 order and the order. In any hearing held under 

15 this subsection, such person shall have a rea16 sonable opportunity to be heard and to present 

17 evidence. 

18 ‘‘(9) CITIZEN’S CIVIL ACTION.—Any person 

19 may commence a civil action on his or her own be20 half against—

21 ‘‘(A) any Federal agency that is alleged to 

22 have violated or to be in violation of any order 

23 issued by the Administrator or the Secretary 

24 under this title; or 
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1 ‘‘(B) any Federal agency that fails, within 

2 1 year of the effective date of a final order, to 

3 pay a penalty assessed by the Administrator or 

4 the Secretary under this subsection.’’. 

5 (c) DEFINITION OF PERSON.—

6 (1) GENERAL DEFINITIONS.—Section 502(5) of 

7 such Act (33 U.S.C. 1362(5)) is further amended by 

8 inserting before the period at the end the following: 

9 ‘‘and includes any department, agency, or instru10 mentality of the United States’’. 

11 (2) OIL AND HAZARDOUS SUBSTANCE LIABILITY

12 PROGRAM.—Section 311(a)(7) of such Act (33 

13 U.S.C. 1321(a)(7)) is amended by inserting before 

14 the semicolon at the end the following: ‘‘and any de15 partment, agency, or instrumentality of the United 

16 States’’. 

17 SEC. 17. APPLICABILITY. 

18 Sections 101(h), 309(g)(6)(A), 505(a)(1), 505(b), 

19 505(g), and 505(i) of the Federal Water Pollution Control 

20 Act, as inserted or amended by this Act, shall be applica21 ble to all cases pending under such Act on the date of 

22 enactment of this Act and all cases brought on or after 

23 such date of enactment relating to violations which oc24 curred before such date of enactment.

Æ