# UNITED STATES
STATUTES AT LARGE

CONTAINING THE



### LAWS AND CONCURRENT RESOLUTIONS
ENACTED DURING THE FIRST SESSION OF THE

ONE-HUNDREDTH CONGRESS

-> : OF THE UNITED STATES OF AMERICA



# 1987

AND



### RECOMMENDATIONS OF THE PRESIDENT

AND PROCLAMATIONS



# VOLUME 101

IN THREE PARTS



# PART 1

PUBLIC LAWS 100-l THROUGH loo-179

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1989

### 28, 1987

er Center Day” to honor the nger.


### enger wasdedicated to
ren in spaceflight and urological research and

vgavetheir lives trying *en; to the sacrifice of the d; ute would beto expand
re creation of a center vities and information I y institution expressly the crew of the Chal1is intended to be the moration of the Chalsentatives of the United 

### at January 28, 1987,is lay” and the President amation calling on theiYtheir regular activities nember both the Chal-

:their country, and the
n honoring the accomontinuing their goal of in space and science

andactivities. 101STAT. 7 PUBLIC LAW 100-4-FEB. 4, 1987



### Public Law 100-4 100th Congress An Act

To amend the Federal Water Pollution Control Act to provide for the renewal of the Feb. 4, 1987

quality of the Nation’s waters, and for other purposes. [H.R. l]

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO FEDAct of 1987.

ERAL WATER POLLUTION CONTROL ACT: DEFINITION OF ADMINISTRATOR 

### (al SHORT

### TITLE.-This Act may be cited as the “Water Quality %~,SC 1251 

### Act of 198’7”.WTABLEOFCONTENTEL1. Short title; table of contents; amendments to Federal Water Pollution Control Act; definition of Admmistrator. 2. Limitation on payments.

101. 102. 103. 104. 105.

201. 202. 203. 204.

206. 207. 208. 209. 210. 211. 212. 213. 214. 215.

301. 302.

Ii 305: 306. 307. 308. 309. 310. 311. 312. 313. 314. 315. TITLE I-AMENDMENTS To TITLE I
Authorizations of appropriations. Small flows clearinghouse. Chesapeake Say. Great Lakes. Research on effects of pollutants

TITLE II-CGNSTRUCTION GRANTS AMENDMENTS
Time limit on resolving certain disputes. Federal share. Agreement on eligible costs. Design/build projects Grant conditions; user charges on low-income residential users. Allotment formula. Rural set aside. Innovative and alternative projects. Regional organization funding. Marine CSCYsand estuaries. Authorization for construction grants. State water pollution control revolving funds. Improvement projects Chicago tunnel and reservoir project. Ad valorem tax dedication.

TITLE III-STANDARDS AND ENFORCEMENTS Compliance dates. Modification for nonconventional pollutants. Discharges into marine waters. Filing deadline for treatment works modification. Innovative technology compliance deadlines for direct dischargers. Fundamentally different factors. Coal remining operations. Individual control strategies for toxic pollutants Pretreatment standards. Inspection and entry. Marine sanitation devices. Criminal penalties. Civil tbenalties. Administrative penalties. Clean lakes.

### 101 STAT. 8



## Et E Set: 318:



## sec. 401. 

## E: ::3” sec. 404: 

## sec. 405. 

## E: 4”::: PUBLIC LAW lOO-4-FEB. 4, 1987

Management of nonpoint sources of pollution. National estuary program. Unconsolidated quatemary aquifer.

TITLE IV-PERMITS AND LICENSES
Stormwater runoff from oil, gas, and mining operations. Additional pretreatment of conventional pollutants not required. Partial NPDES program. Anti-backsliding. Municipal and industrial stormwater discharges. Sewage sludge. Log transfer facilities.

TITLE V-MISCELLANEOUS PROVISIONS

33 USC 1251 note.

33 USC 1251 note.

33 USC 1254. 

## sec. 501. Audits. 

## Sec. 502. 

## 1 Commonwealth of the Northern Mariana Islands. 

## sec. 503. Agricultural stormwater discharges. 

## E: E: Protection of interests of United States in citizen suits.

Judicial review and award of fees. 

## g. p: Indian tribes.

Definition of point source. Set: 508. Special provisions regarding certain dumping sites. Sec. 599. Ocean discharge research project. Sec. 510. San Diego, California. Sec. 511. Limitation on discharge of raw sewage by New York City. Sec. 512. Oakwood Reach and Red Hook Projects, New York. Sec. 513. Boston Harbor and adjacent waters. Sec. 514. Wastewater reclamation demonstration. Sec. 515. Des Moines, Iowa. Sec. 516. Study of de minimis discharges. Sec. 517. Study of effectiveness of innovative and alternative processes and techSec. 518. St~diFtesting procedures. Sec. 519. Study of pretreatment of toxic Sec. 520. Studies of water pollution polluFnts. prob ems in aquifers. Sec. 521. Great Lakes consumptive use study. Sec. 522. Sulfide corrosion study. Sec. 523. Study of rainfall induced infiltration into sewer systems. Sec. 524. Dam water quality stud

. Sec. 525. Study of pollution in Lai e Pend Oreille, Idaho. (c) AMENDMENT OF FEDERALWATER POLLUTION Cmmto~ 

### AczExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressedin terms ofan amendment to, or repeal of,asection or other provision, the reference shall beconsideredto bemadeto asection or other provision ofthe Federal Water Pollution Control Act. (dl DEnImIoN.-For 

### purposes of this Act, the term “Administrator” means the Administrator of the Environmental Protection Agency.
SEC.2.LIMlTATIONONPAYMENTS. 

### No payments may be made under this Act except to the extent provided in advancein appropriation Acts.



## TITLE I-AMENDMENTS TO TITLE I

SEC.101.AUTHORIZATIONSOFAPPROPRIATIONS. 

### (al RESEARCH

AND 

### INvssncATroNs.-Section 104(u)is amended- (1) in clause (1) by striking out “and” after “1975,“, after “1980,“, and after “1981,“, and by inserting after “1982,” the following: “such sumsasmay benecessaryfor foal years 1983

### B. 4, 1987’

OIL

ICENSES



### 7 operations. ) lutanta not required.

arges.

ROVISIONS

slands.

:itizen suits.

ng sites.

alternative pmcessea and techifers.

ewer ayfhma.

ilh0. ILLUTION &W’I’R~L 

### ACT.- whenever in this Act an 18 ofan amendment to, or reference shall beconsidsion ofthe Federal Inter
Act, the term “AdminisBvironmental Protection

Act except to the extent



## STO TITLE I

NS. 

### :tion 104(u)is amendedand” after “19’75,“, after lserting after “1982,” the ssaryfor fiscal years 1983 PUBLIC LAW lOO-4-FEB. 4,1987 101STAT. 9

through 1985,and not to exceed$22,7’70,000 per fiscal year for eachofthe fiscal years 1986through 1990,“; (2) in clause 

### (2)by striking out “and” after “1981,” and by inserting after “1982,” the following: “such sums as may be necessaryfor fiscal years 1983through 1985,and $3,000,000per fiscal year for eachofthe f=cal years 1986through 1990,“;and (3) in clause (3) by striking out “and” after “1981,” and by inserting after “1982,” the following: “such sums as may be necessaryfor fiscal years 1983through 1985,and $1,500,000per fmcal year for each of the f=caI years 1986through 1990,“. (b) GRANTS FOR PROGRAM ADMINISTRATION. 

### -Section 106(a)(2)is 33 USC 1256. 

### amended by inserting after “1982” the following: “, such sums as may benecessaryfor fLscalyears 1983through 1985,and $75,000,000 per fiscal year for each of the foal years 1986through 1990”. (c) TRAINING 

### GRANTSAND SCHOLARSHIPS.- &!&ion 

### 112(C) is 33USC 1262. 

### amended by striking out “and” after “1981,” and by inserting after “1982,” the following: “such sums as may be necessary for fmcal years 1983through 1985,and $7,000,000per f=cal year for eachof the fiscal years 1986through 1990,“. (d)AREAWIDE 

### PLANNING-Section 208(f)(3)isamendedbystriking 33 USC 1288. 

### out “and” after “1974,” and after “1980,” and by inserting after “1982” the following: “, andsuchsumsasmaybenecessaryfor fiscal years 1983through 1990”. (e)RURAL CLEAN 

### WATER.-Section 208@(S) isamendedby striking out “and” after “1981,” and by inserting after “1982,” the following: “and such sums asmay be necessaryfor fiscal years 1983through 1990,“. (fJ INTERAGENCY AGREEMENTS.-section 

### 304(k)(3)is amended by 33 USC 1314. 

### inserting after “1983” the following: “and such sums as may be yfor fiscal years 1984through 1990”. (g) CLEAN 

### L&Es.-Section 314(c)(2)is amended by striking out 33 USC 1324. 

### “and” after “1981,” and by inserting after “1982” the following: “, such sums as may be necessary for fiscal years 1983through 1985,and $30,000,000

perfiscal year for eachofthe fscal years 1986 through 1990”. (h) GENERAL

### AuTnoRmATIoN.-section 517isamendedby striking 33 USC 1376. 

### out “and” after “1981,” and by inserting after “1982” the following: “, suchsumsasmay benecessa ry for fiscal years 1983through 1985, and $135,000,000per fiscal year for each of the fiscal years 1986 through 1990”.

SEC.lOZ.SMALLFLOWSCLEARINGHOUSE. Section, 

### 104(q) is amended by adding at the end thereof the 33 USC 1254. 

### following newparagraph: “(4) SMALL FLOWS CLRARINGHousE.-Notwithstanding section 

### 205(d)of this Act, from amounts that are set asidefor a fiscal 33 USC 1285. year 

### under section 205(i)ofthis Act andare not obligated bythe end of the 24-month period of availability for such amounts under 

### section 205(d),the Administrator shall make available $l,OOO,OOO

or such unobligated amount, whichever is less, to support a national clearinghouse within the Environmental Protection Agency to collect and disseminate information on small flows ofsewageand innovative or alternative wastewater treatment processesand techniques, consistent with paragraph (3). This paragraph shall apply w&h respect to amounts set aside under section 205(i) for which the 24-month period of

### 101 STAT. 10 PUBLIC LAW lOO-4-FEB. 4, 1987

availability referred to in the preceding sentence ends on or after September30,1986.“.

SEC.103. CHESAPEAKEBAY. 

### Title I isamendedby adding at the endthe following newsection:

33 USC 1267. “SEC.117. CHESAPEAKEBAY. 

### “(a) OFFICE.-The Administrator shall continue the Chesapeake Bay Program and shall establish and maintain in the Environmental Protection Agency an office, division, or branch of ChesapeakeBay Programs to- “(1) collect and make available, through publications and other appropriate means,information pertaining tothe environmental quality of the Chesapeake Bay (hereinafter in this subsection referred toasthe ‘Bay’); “(2) coordinate Federal and State efforts to improve the water quality ofthe Bay; “(3) determine the impact of sediment deposition in the Bay and identify the sources,rates, routes, anddistribution patterns ofsuchsediment deposition; and “(4) determine the impact of natural and man-induced environmental changeson the living resourcesof the Bay and the relationships amongsuchchanges,with particular emphasis placed on the impact of pollutant loadings of nutrients, chlorine, acid precipitation, dissolved oxygen, and toxic pollutants, including organic chemicals and heavy metals, andwith special attention given to the impact of such changeson striped bass. “(b) INTERSTATE

DEVELOPMENT

PLAN 

### GRANTS.- “(1) AuTHORrrv.-The Administrator shall, at the request of the Governor ofa State affected by the interstate management plan developed pursuant to the Chesapeake Bay Program (hereinafter in this section referred to as the ‘plan’), make a grant for the purposeof implementing the management mechanisms contained in the plan if such State has, within 1year after the date of the enactment of this section, approved and committed to ‘implement all or substantially all aspectsof the plan. Such grants shall be made subject to such terms and conditions asthe Administrator considersappropriate. “(2) SUBMI~,~ION

OFPROPOSAL.-AState or combination of States may elect to avail itself ofthe benefits ofthis subsection bysubmitting tothe Administrator acomprehensive proposalto implement management mechanisms contained in the plan which shall include (A) a description of proposed abatement actions which the State or combination of States commits to take within a specified time period to reduce pollution in the Bay and to meetapplicable water quality standards, and (B)the estimated cost of the abatement actions proposedto be taken during the next fscal year. If the Administrator finds that such proposal is consistent with the national policies set forth in section 101(a)ofthis Act andwill contribute tothe achievement ofthe national goalssetforth in suchsection,the Administrator shall approve such proposal and shall finance the costs of implementing segmentsofsuchproposal. “(3) FEDERAL

SHARE.-Grants under this subsection shall not exceed50percent ofthe costsofimplementing the management mechanisms contained in the plan in any fiscal year and shall be made on condition that non-Federal sources provide the

### :B.4, 1987

ing sentence ends on or

.hefollowing newsection:

continue the Chesapeake maintain in the Environ- ,ion, or branch of Chesahrough publications and pertaining tothe environBay (hereinafter in this

brts to improve the water

?nt deposition in the Bay and distribution patterns

itural and man-induced
resourcesof the Bay and with particular emphasis adings of nutrients, chlogen,and toxic pollutants, Jmetals, and with special changes on striped bass. .NTs.- jr shall, at the request of !einterstate management lesapeake Bay Program to as the ‘plan’), make a :the management mechaState has, within 1year 1i.ssection, approved and mtially all aspectsof the .bject to such terms and lersappropriate. State or combination of benefits ofthis subsection :omprehensive proposal to 3 contained in the plan
n of proposed abatement ion of States commits to
o reduce pollution in the iity standards, and (B)the
ens proposedto be taken iinistrator finds that such Inal policies set forth in ribute tothe achievement section,the Administrator Iall finance the costs of ;a1. this subsection shall not menting the management any fiscal year and shall era1 sources provide the PUBLIC LAW lOO-4-FEB; 4, 1987 101STAT. 11

remainder ofthe costof implementing the management mechanisms contained in the plan during suchfmcalyear. “(41ADMINISTRATIVE

costs.-Administrative costsin the form ofsalaries, overhead, or indirect costsfor servicesprovided and charged against programs or projects supported by funds made available under this subsection shall not exceed in any one f=cal year 10percent of the annual Federal grant made to a State under this subsection. “(cl REPORT&-Any State or combination ofStatesthat receivesa State and local 

### grant under subsection (b)shall, within 18months after the date of governments. receipt of such grant and biennially thereafter, report to the Administrator onthe progress madein implementing the interstate management plan developed pursuant to the ChesapeakeBay Program. TheAdministrator shall transmit eachsuch report along with the comments of the Administrator on such report to Congress. “(d) AUTHORIZATION

OFAPPROPRIATIONS.-There are hereby authorized to beappropriated the following sums,to remain available until expended,tocarry out the purposesofthis section: “(1)$3,000,000per fmcalyear for eachofthe fiscal years 1987, 19881989, and 1990,tocarry out subsection (a);and “(2) $10,000,000per fiscal year for each of the fiscal years 1987,1988,1989, and 1990,for grants to Statesunder subsection C&l.“.
SEC. 104. GREAT LAKES. Title I isamendedby adding at the endthe following newsection:
“SEC. 118.

### GREAT

LAKES. 33 USC 1268. 

### “(a) FINDINGS,

PURPOSE, ANDDEFINITIONS.- “(1)FINDINGS.-The Congressfinds that- “(A) the Great Lakes are a valuable national resource, continuously serving the people of the United States and other nations asan important source of food,fresh water, recreation, beauty, and enjoyment; “0.3)the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978with particular emphasis on goals related to toxic pollutants; and “(Cl the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities. “(2) PurwosE.-It isthe purpose ofthis section to achieve the goalsembodiedin the Great LakesWater Quality Agreement of 19’78through improved organization and definition of mission
onthe part ofthe Agency, funding ofState grants for pollution control in the Great Lakes area, and improved accountability for implementation ofsuchagreement. “(3) 

### DEPINITIONS.-For purposes of this section, the term- “(A) ‘Agency’ means the Environmental Protection Agency; “(B) ‘Great Lakes’ means Lake Ontario, Lake Erie, Lake Huron (including Lake St.Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River tothe Canadian Border);

### 101 STAT. 12 PUBLIC LAW lOO-4-FEB. 4,1987

“(Cl ‘Great Lakes System’ meansall the streams, rivers, lakes, and other bodiesof water within the drainage basin ofthe Great Lakes; “(Dl ‘Program Office’ means the Great Lakes National Program Office established bythis section;and “(El ‘Research Office’ means the Great Lakes Research Office established bysubsection (d).

Establishment. “(b) GREATLAKESNATIONAL PROGRAM

### OFFICE.-The Great Lakes

National Program Office (previously established by the Administrator) is hereby established within the Agency. The Program Office shall be headed b a Director who, by reason of management experience and teeh’

nical expertise relating to the Great Lakes, is highly qualified to direct the development ofprograms and plans on avariety ofGreat Lakes issues.The Great Lakes National Program Officeshall belocated in aGreat LakesState. “Cc)GREATLAKESMANAGEMENT.-



### 33USC 1251 

### “(1) FuNcrroNs.-The Program Office shall- “(A) in cooperation with appropriate Federal, State, tribal, and international agencies,and in accordancewith section 101(e)of this Act, develop and implement specific action plans to carry out the responsibilities of the United %&zs under the Great Lakes Water Quality Agreement of

“& establish a Great Lakes system-wide surveillance network to monitor the water quality of the Great Lakes, with specific emphasis on the monitoring of toxic pollutants; - “(C)serveasthe liaison with, and provide information to, the Canadian membersof the International Joint CommisPollution. Mjchigap. z;,r;np.

Ohio. ’ New York. 

### sionandthe Canadian counterpart tothe Agent ; “(D) coordinate actions of the Agency (inclucl! mg actions by headquarters and regional offices thereofl aimed at improving Great Lakeswater quality; and “(El coordinate actions ofthe Agency with the actions of other Federal agenciesandStateand local authorities, soas to ensure the input of those agencies and authorities in developing water quality strategies and obtain the support ofthoseagenciesandauthorities in achieving the objectives ofsuchagreement. “(2) &YEARPLANANDPRoGRAM.-The Program Office shall develop, in consultation with the States, a five-year plan and program for reducing the amount of nutrients introduced into the Great Lakes. Such program shall incorporate any management program for reducing nutrient runoff from nonpoint
sources established under section 319 of this Act and shall include a program for monitoring nutrient runoff into, and ambient levels in, the Great Lakes. “C% &YEAR FMJDYAND DEMONSTRATION

### Pao.JEcrs.--The Program Office shall carry out afive-year study and demonstration projects relating to the control and removal oftoxic pollutants in the Great Lakes, with emphasis on the removal of toxic pollutants from bottom sediments. In selecting locations for conducting demonstration projects under this paragraph, priority consideration shall be given to projects at the following locations: Saginaw Bay, Michigan; Sheboygan Harbor, Wisconsin; Grand Calumet River, Indiana; Ashtabula River, Ohio; and Buffalo River, NewYork.

### i. 4, 1987

all the streams, rivers, thin the drainage basin

! Great Lakes National .ection;and
: Great Lakes Research

.FxcE.-The Great Lakes lished by the Adminisncy.The Program Office
reason of management
: to the Great Lakes, is fprograms and plans on Akes National Program 9.

shallopriate Federal, State, and in accordance with and implement specific lnsibilities ofthe United ?i Quality Agreement of
y&m-wide surveillance quality of the Great the monitoring of toxic

1provide information to, rnational Joint Commistothe Agent ,; gency (inclu B

ing actions fices thereon aimed at tr - ‘;ana :el ncywith the actions of Id local authorities! soas lcies and authorities in j and obtain the support 

### Iachieving the objectives

le Program OtXce shall es,a five-year plan and utrients introduced into ncorporate any managerunoff from nonpoint i of this Act and shall ltrient runoff into, and

[ON 

### PaoJErs.-The Prostudy and demonstration nova1oftoxic pollutants In the removal of toxic I selecting locations for
er this paragraph, priorrejects at the following boygan Harbor, Wisconhtabula River, Ohio: and PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 13

“(41 ~~MINIGTRATOR'S 

### RESPoNsIBILITY.-The Administrator shall ensure that the Program Office enters into agreements with the various organizational elements of the Agent involved in Great Lakes activities and the appropriate H tate agenciesspecifically delineating- “(A) the duties and responsibilities of eachsuch element in the Agencywith respecttothe Great Lakes; ‘YB) the time periods for carrying out such duties and ryponsibilities; and (Cl the resources to be committed to such duties and responsibilities. “(51BUDCET

rrnM.-The Administrator shall, in the Agency’s annual budget submission to Congress, include a funding request for the Program Office as a separate budget line item. “(61COMPREHENSIVE



### REPORT.-Within 99daysafter the endof eachfiscal year, the Administrator shall submit to Congressa comprehensive report which- “(A) describes the achievements in the preceding fiscal Research and 

### year in implementing the Great Lakes Water Quality ~;PJs;~ Agreement of 1978and shows by categories (including ju- governments, dicial enforcement, research, State cooperative efforts, and general administration) the amounts expended on Great Lakes water quality initiatives in such preceding fiscal year; “(B) describesthe progress made in such preceding fiscal year in implementing the s stem of surveillance of the water quality in the Great Lakes System, including the monitoring of groundwater and sediment, with particular referencetotoxic pollutants; “(Cl describesthe long-term prospectsfor improving the condition ofthe Great Lakes;and “(Dl provides acomprehensive assessmentofthe planned efforts to be pursued in the succeeding fiscal year for implementing the Great LakesWater Quality Agreement of 19’78, which assessmentshall- “(i) show b merit, researcii categories (including judicial enforce- Research and



### , State cooperative efforts, and general ~~$J&I;A admnnstration1 the amount anticipated to beexpended
on Great Lakes water quality initiatives in the fiscal sovenments.

year towhich the assessmentrelates; and “(ii) include a report of current programs administered by other Federal agencieswhich make available
resources to the Great Lakes water quality management efforts. “(dl GREATLAKESRESEARCH.- 

### “(11 ESTARLISHMENT OF RESEARCH

### ommx.-There is estab lished within the National Oceanic and Atmospheric Administration the Great LakesResearchOffice. “(21 IDENTIFICATION OF 

### Issuns.-The Research Office shall identify issuesrelating to the Great Lakes resourceson which research is needed.The ResearchOffice shall submit areport to Con &ports.

shal‘i”” onsuch issuesbeforethe endofeachfiscal year which identify any changes in the Great Lakes system with rypect tosuch issues. (3) INvEN”roay.-The Research Office shall identify and stateandlocal inventory Federal, State, university, and tribal environmental ovemmenta. 

### research programs (and, to the extent feasible, those of private EC hools and colleges.

### 101 STAT. 14 PUBLIC LAW lOO-4-FEB. 4, 1987

Fish and fishing. 

### organizations and other nations) relating to the Great Lakes

system,andshall update that inventory every four years. “(4) RESEARCHEXCHANGE.--The 

### Research Office shall establish a Great Lakes research exchange for the purpose of facilitating the rapid identification, acquisition, retrieval, dissemination, and use of informatlon concerning research projects which are ongoing or completed and which affect the Great LakesSystem. “(5) RESEARCH

PROGRAM.-TheResearchOffice shall develop, in cooperation with the Coordination Office, a comprehensive environmental research program and data basefor the Great Lakessystem.The data baseshall include, but not belimited to, data relating towater quality, fsheries, andbiota. “(6) MONITORING.-The Research Office shall conduct, through the Great Lakes Environmental Research Laboratory, the National SeaGrant College program, other Federal laboratories, and the private sector,appropriate researchand monitoring activities which address priority issuesand current needs relating tothe Great Lakes. “(7) LocATION.-The Research Office shall be located in a Great LakesState. ‘Ye)RESEARCH

ANDMANAGEMENT

COORDINATION.- “(1)JOINTPUN.-Before October 1ofeachyear, the Program Office and the Research Office shall prepare ajoint research plan for the fiscal year which begins in the following calendar year. “(2) CONTENTS

OFPUN.-Each plan prepared under paragraph (1)shallReports “(A) identify all proposedresearch dedicated to activities

conducted under the Great Lakes Water Quality Agreement of 1978; “(B) include the Agency’s assessment of priorities for research neededto fulfill the terms ofsuchAgreement; and “(Cl identify all proposed research that may be usedto develop a comprehensive environmental data basefor the Great Lakes System and establish priorities for develop ment ofsuchdata base. “(0 INTERAGENCY

&oPERATION.-The head of each department, agency, or other instrumentality ofthe Federal Government which is engaged in, is concerned with, or has authority over programs relating to research, monitoring, and planning to maintain, enhance,preserve,or rehabilitate the environmental quality and natural resourcesofthe Great Lakes, including the Chief ofEngineers of the Army, the Chief of the Soil Conservation Service, the Commandant ofthe CoastGuard, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration, shall submit an annual report to the Administrator with respectto the activities ofthat agencyor office affecting compliance with the Great Lakes Water Quality Agreement of 1978. “(g) RELATIONSHIP

TOEXISTINGFEDERAL

ANDSTATE 

### LAWSAND INTERNATIONAL 

### TaxArms.-Nothing in this section shall be construed to affect the jurisdiction, powers, or prerogatives of any department, agency,or officer ofthe Federal Government or ofany State government, or of any tribe, nor any powers,jurisdiction,.or prerogatives of any international body created by treaty with authority relating tothe Great Lakes.

### 3.4, 1987

.ing to the Great Lakes every four years. *arch Office shall estab !ge for the purpose of acquisition, retrieval, In concerning research ed and which affect the

rch Office shall develop, Office, a comprehensive data basefor the Great .de,but.not belimited to,

,andbiota. Office shall conduct, al Research Laboratory, m,other Federal laboraateresearch and monitorssuesand current needs

:e shall be located in a

iATION.- 

### feachyear, the Program pre are ajoint research

n t

R 

### efollowing calendar

n prepared under parach dedicated to activities !sWater Quality Agree-

!ssment of priorities for
sofsuchAgreement; and rch that may be usedto mental data basefor the B priorities for developead of each department, deral Government which authority over programs arming to maintain, enkmentalquality and natuthe Chief ofEngineers of ration Service, the Cornof the Fish and Wildlife ‘ational Oceanic and Atan annual report to the I ofthat agency or offlice
esWater Quality Agree-

.L AND STATE LAWS AND 

### ti section shall be conor prerogatives of any &l Government or ofany .y powers,jurisdiction, or created by treaty with PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 15

“(h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS.-There


### are authorized to beappropriated to the Administrator to carry out this section not to exceed$11,000,000per fiscal year for the fiscal years 1987,1988,1989,1990, and 1991.Ofthe amounts appropriated eachfoal year- “(1) 40 percent shall be used by the Great Lakes National Program Office on demonstration projects on the feasibility of controlling and removing toxic pollutants; “(2) 7 percent shall be used by the Great Lakes National Program Office for the program of nutrient monitoring; and “(3) 30 percent shall be transferred to the National Oceanic and Atmospheric Administration for use by the Great Lakes ResearchOffice.“.

SEC.105.RESEARCHONEFFECTSOFPOLLUTANTS. 33 USC 1254a. 

### In carrying out the provisions of section 104(a)of the Federal Water Pollution Control Act, the Administrator shall conduct re- 33USC 1254, 

### search on the harmful effectson the health and,Felfare of persons causedby pollutants in water, in conjuncti$ with&he United States Fish and Wildlife Service, the Naiional C%eanicand Atmospheric Administration, and other Federal, State, and Xerst!ate agencies carrying on such research. Such research shall include, and shall place special emphasis on, the effect that bioaccumulation of these pollutants in aquatic specieshas upon reducing the value ofaquatic commercial and sport industries. Such research shall further study methods to reduce and remove these pollutants from the relevant affectedaquatic speciessoasto restore and enhance thesevaluable
resources.



## TITLE II-CONSTRUCTION GRANTS

AMENDMENTS

SEC.201.TIMELIMITONRESOLVINCCERTAINDISPUTES. 

### Section 201isamendedby adding at the endthereof the following 33 USC 1231. 

### newsubsection: “(p) TIME LIMIT ONRESOLVINGCERTAIN

### DISPUTES.-Inany casein Contracts. which adispute ariseswith respecttothe awarding ofacontract for construction of treatment works by a grantee of funds under this title and a party to such dispute files an appeal with the Administrator under this title for resolution of such dispute, the Administrator shall make afinal decision on such appeal within 90daysof the filing ofsuchappeal.“.
SEC.202.FEDERALSHARE. 

### (a) LIMITATION ON ELIGIBILITY AFTER 

### 1990.-The last sentence of section202(a)(l)isamendedby inserting beforethe period at the end the following: “for any grant made pursuant to a State obligation 33 USC 1232.



### which obligation occurred beforeOctober 1,199O”. (b) PROJECTSUNDER JUDICIAL INJuNcTIoN.-%&ion 202(aXl) is 

### amendedby adding at the endthereof the following: “Notwithstanding the first sentenceofthis paragraph, in the caseof a project for which an application for a grant under this title has been madeto the Administrator beforeOctober 1,1984,andwhich project isunder judicial injunction on such date prohibiting its construction, such

### 101STAT. 16 PUBLIC LAW lOO-4-FEB. 4,1987

Pennsylvania. 33 USC 1282.

Minnesota.

33 USC 1231b. State and local governments.

33 USC 1231.

Contracts.

33 USC 1283.

33 USC 1361. 

### project shall be eligible for grants at 75 percent of the cost of

construction thereof. ‘. Cc)PROJECXS UNDER JUDICIAL ORDER AND OTHER PROJECXS-SC

### tion 202(aXl) isamendedby adding at the endthereof the following: “Notwithstanding the first sentenceofthis paragraph, in the caseof the Wyoming Valley Sanitary Authority project mandated by judicial order under aproceedingbegun prior to October 1,1984,anda project for wastewater treatment for Altoona, Pennsylvania, such projects shall be eligible for grants at ‘75percent of the cost of construction thereof.’

. (d)BIODISC 

### Equn%fxNr.-Section 202(aX3)isamendedbyadding at the end thereof the following: “In addition, the Administrator is authorized to make a grant to fund all ofthe costsof the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment hasfailed to meetdesign performancespecifications, unless such failure is attributable to negligence
on the part of any person, and if such failure has significantly increasedcapital-&r operating and maintenance expenditures.“. (e) INNOVATIVE&W&&-The activated bio-filter feature of the 

### project for treatment works of the city of Little Falls, Minnesota, shall be deemedtb be an innovative wastewater processand technique for purposesofsection 202(a)(2) ofthe Federal Water Pollution Control Act and the amount of any grant under such Act for such feature shall be85percent ofthe costthereof. (0 AVAILABILITY OF CERTAIN FUNDS M)R NON-FEDERAL 

### SHARE.- Notwithstanding any other provision of law, Federal assistance madeavailable by the Farmers Home Administration to any political subdivision of a State may be usedto provide the non-Federal share of the cost of any construction project carried out under section 201ofthe Federal Water Pollution Control Act. SEC. 203. AGREEMENT

ONELIGIBLECOSTS. Section 203(a)is amended by inserting “(11” after “(aYtTby designating the last sentence as paragraph (3) and indenting such sentenceasaparagraph, and by inserting beforeparagraph (3)asso designatedthe following: “(2) AGREEMENT ON ELIGIBLE COSIS.- 

### “(A) LIMITATION 

### ONMonrncAnoNs.-Before taking final action onany plans, specifications, and estimatessubmitted under this subsection after the 60th day following the date of the enactment of the Water Quality Act of 1987,the Administrator shall enter into a written agreement with the applicant which establishesandspecifieswhich items of the proposed project are eligible for Federal payments under this section.The Administrator ma such eligibility determinations unless ticnot later modify ey are found to have been made in violation of applicable Federal statutes and regulations. “(B) LIMITATION ON EFFECT.-Eligibility determinations 

### under this paragraph shall not preclude the Administrator from auditing a project pursuant to section 501ofthis Act,
or other authority, or from withholding or recovering Federal funds for costswhich are found to be unreasonable, unsupported by adequate documentation, or otherwise unallowable under applicable Federal costprinciples, orwhich
are incurred on a project which fails to meet the design

### -FEB. 4, 1987

tt 75 percent of the cost of

:AND OTHERPROJECXS.--Sec. 

### ;heendthereof the following: this paragraph, in the caseof ity project mandated by juu-iortoOctober 1,1984,anda Altoona, Pennsylvania, such it 75 percent of the cost of

ax31isamendedby adding at dition, the Administrator is ofthe costsofthe modificaipment (rotating biological iment works if the Adminisiled to meet design performisattributable to negligence ch failure has significantly tenanceexpenditures.“. ted bio-filter feature of the

.of Little Falls, Minnesota, a&water processand techthe Federal Water Pollution .nt under such Act for such ?reof. FOR NON-FEDERAL

SHARE.- of law, Federal assistance dministration to any politito provide the non-Federal project carried out under
nControl Act.

g “(1)” after “(al”., by des- )h (3) and indenting such Jbefore paragraph (31

asso

TONS.-Before taking final s,and estimates submitted 0th day following the date Quality Act of 1987,the
r written agreement with nds ifies which items of le or Federal payments p” -ator ma not later modify mless tiIey are found to pplicable Federal statutes

31’ *bility determinations
-ecudethe Administrator f to section 501ofthis Act, olding or recovering Fed- )und to be unreasonable, ntation, or otherwise un1costprinciples, orwhich fails to meet the design PUBLIC LAW lOO-4-FEB. 4,1987 101STAT. 17

specifications or effluent limitations contained in thegrant agreement and ,permit pursuant to section 402of this Act for such project.

.

&&ion 203is amended by adding at the end the following new subsection: “(f) DESIGN/BUILD

PROJECTS.- “(1) AGREEMENT.-Consistent with State law, an applicant who proposesto construct waste water treatment works may enter into an agreement with the Administrator under this subsection providing for the preparation of construction plans and specifications and the erection ofsuch treatment works, in lieu of proceeding under the other provisions of this section. “(2) LIMITATIONONPEoJEcTs.-Agreements under this subsection shall belimited to projects under an approved facility plan which projects are- “(A) treatment works that havean estimated total costof $B,OOO,OOO

or less;and “(Bl any of the following types ofwastewater treatment systems: aerated lagoons, trickling filters, stabilization ponds, land application systems, sand filters, and subsurfacedisposalsystems. “(3) REQUIRED

TERMS.-An agreement entered into under this subsectionshall- “(A) set forth an amount agreed to as the maximum Federal contribution to the project, basedupon a competitively bid document of basic design data and applicable standard construction specifications and adetermination of the federally eligible costsof the project at the applicable Federal share under section202ofthis Act; “(B) set forth dates for the start and completion of construction ofthe treatment works by the applicant and a schedule of payments of the Federal contribution to the project; “(Cl contain assurancesbythe applicant that (il engineering and management assistancewill beprovided to manage the project; (ii) the proposed treatment works will be an operable unit and will meet all the requirements of this title; and (iii) not later than 1year after the date specified
asthe date of completion of construction of the treatment works, the treatment works will beoperating soasto meet the requirements of any applicable permit for such treatment works under section402ofthis Act; “(D) require the applicant to obtain a bond from the contractor in an amount determined necessary by the Administrator to protect the Federal interest in the project; and “(El contain such other terms and conditions as are necessary to assure compliance with this title (except as provided in paragraph (4)ofthis subsection). “(4) LIMITATIONONAPPLICATION.-&rbsections(a),(b),and (c) of this section shall not apply to grants made pursuant to this subsection. “(5) RESERVATION

TO ASSURE COMPLIANCE.-The

Administrator shall reserve a portion of the grant to assure contract compliance until final project approval as defined by the Adminis33

### USC 1342.

33

### USC 1283.

State and local governments. Contracts. Waste treatment.

33

### USC 1282.

33 USC 1342.

Grants

### 101 STAT. 18

33 USC1285.

33 USC 1281.

Grants.

Grants

33 USC 1284.

33 USC 1288.

State and local governments. 33 USC 1313.

33 USC 1315.

33 USC 1284 note. 

### PUBLIC LAW lOO-4-FEB. 4, 1987

trator. If the amount agreedto under paragraph (3XA)exceeds the costofdesigning and constructing the treatment works, the Administrator shall reallot the amount of the excessto the State in which such treatment works are located for the fiscal year in which suchaudit iscompleted. “(6) LIMITATION ON OBLIGATIONS 

### .-The Administrator shall not obligate more than 20percent of the amount allotted to a State for a fiscal year under section 205ofthis Act for grants pursuant tothis subsection. “(7) ALLowAWE.-The Administrator shall determine an allowance for facilities planning for projects constructed under this subsection in accordancewith section 20101. “(8) LIMITATION ON FEDERAL

### coNTRmuTroNs.--In no event shall the Federal contribution for the cost of preparing construction plans and specifications and the building and erection of treatment works pursuant to this subsection exceedthe amount agreedupon under paragraph (3). “(9) RECOVERY

ACTION.-II1 

### any casein which the recipient of
agrant madepursuant to this subsection doesnot comply with the terms of the agreement entered into under paragraph (31, the Administrator is authorized to take such action asmay be necessaryto recover the amount ofthe Federal contribution to the project. “(10) PREVENTIONOFDOUBLE BENEFITS.-A 

### recipient ofagrant made pursuant to this subsection shall not be eligible for any other grants under this title forthe sameproject.“.

SEC. 205. GRANT CONDITIONS: USER CHARGES ON LOW-INCOME RESIDEN.

TIAL USERS. 

### (a) INCLUSIONOFPROJECTIN AREAWIDE

### PUN.-Section 204taKl) is amendedto readasfollows: “(1)that any required areawide wastetreatment management plan under section 208ofthis Act (A) is being implemented for such area and the proposedtreatment works are included in suchplan, or (B)isbeing developedfor suchareaand reasonable progress is being made toward its implementation and the proposed treatment works will be included in such plan;“. (b)CONTINUING PLANNING 

### Paocxss-Section 204CaX2) is amended to readasfollows: “(21that (A) the State in which the project is to belocated (9 is implementing any required plan under section 303(e)of this Act and the proposedtreatment works are in conformity with such plan, or (ii) is developing such a plan and the proposed treatment works will be in conformity with such plan, and (B) such State is in compliance with section 305(b)of this Act;“. (c) USER CHARGESON LOW-INCOME RESDENTIAL 

### UsExs.-Section 204&X1)is amended by adding at the end thereof the following: “A systemofuserchargeswhich imposesalower charge for low-income residential users (asdefined by the Administrator) shall bedeemed to beausercharge systemmeeting the requirements ofclauseCA) of this paragraph if the Administrator determines that such system

was 

### adoptedafter public notice and hearing.“. (d) EFFECTIVE

### DATE-This section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections (a)and (b)shall take effect on the last day of the twoyear period beginning onsuchdateofenactment.

### 4, 1987

ragraph (3XA)exceeds
etreatment works, the ; of the excessto the
elocated for the fiscal

e Administrator shall
eamount allotted to a )of this Act for grants

r shall determine an ectsconstructed under 1201(l). 3vTIoNs.-In no event 

### he cost of preparing 1the building and erecj subsection exceedthe ‘.

,which the recipient of
ndoesnot comply with ,ounder paragraph (31, such action as may be Federal contribution to

-A 

### recipient ofagrant not be eligible for any
:project.“.

NLOW-INCOMERESIDEN4N.-section 20&d(l) iS



### treatment management being implemented for works are included in ich areaand reasonable iplementation and the :luded in such plan;“. ion 204(a)(2)is amended
-ejectis to be located (i)
er section 303(e)of this
are in conformity with plan and the proposed with such plan, and (B)
on 305(b)of this Act;“. ENTIAL USER%--SeCtiOn 

### iereof the following: “A
r chargefor low-income trator) shall bedeemed rements ofclause (A)of nines that such system t ,keeffect on the date of amendments made by the last day of the twolent. PUBLIC LAW lOO-4-FEB. 4,1987 101STAT. 19

SEC.206.ALLOTMENTFORMULA. 

### (a)FORMULA.- 

### (1) EXTENSION OF EXISTING FORMULA FOR 1986.-&&ion 

### 205(c)(2)is amended by striking out “and September 30, 1985,” 33USC 1285. 

### and inserting in lieu thereof “September 30, 1985,and Septem_--- 

### ber30,1986,‘. (2) FISCALYEARS1987-lag&-Section 205(c) is amended by adding at the endthe following newparagraph: “(3) FISCALYEARS

1987-1990.-Sums authorized to be appropriated pursuant to section 207for the fiscal years 1987,1988, 33USC 1287. 

### 1989,and 1990 shall be allotted for each such year by the Administrator not later than the 10th day which begins after the date of the enactment of this paragraph. Sumsauthorized for such fiscal years shall be allotted in accordance with the following table:

“States: /damia

..............................................................................................

................................................................................................ Arizona..

.............................................................................................. Arkansag

............................................................................................. ca;;fpIa

............................................................................................

.............................................................................................. Connecticut..

....................................................................................... Delaware..

........................................................................................... District of Columbia.

......................................................................... Florida.

................................................................................................ Georgia

................................................................................................ Hawaii

................................................................................................. Idaho..

.................................................................................................. Illinois

.................................................................................................. Indiana..

.............................................................................................. p?;vmG:.:

..............................................................................................

............................................................................................... Kentucky

............................................................................................. Louisiana

............................................................................................. Maine

................................................................................................... Maryland

............................................................................................ Massachusetts

.................................................................................... Michigan

............................................................................................. Minnesota

........................................................................................... Mississippi..

........................................................................................ Missouri

............................................................................................... gmrlll.

............................................................................................

............................................................................................. Nevada

................................................................................................ New Hampshire..

............................................................................... New Jersey

......................................................................................... f4.4; Amoco

........................................................................................

............................................................................................ North Carolina..

................................................................................. North. Dakota..

................................................................................... Ohio

...................................................................................................... Oklahoma

............................................................................................ Oregon.

................................................................................................ Pennsylvania..

.................................................................................... Rhode Island

....................................................................................... South Carolina..

................................................................................. South Dakota

.....................................................................................
EZssee ............................................................................................

.................................................................................................... Utah

..................................................................................................... Vermont.

............................................................................................. Virginia..

............................................................................................. Washington

......................................................................................... West Virginia

..................................................................................... .011309 .006053 .006831 .006616 .0x333 .008090 .012390 MI4965 .004965

:EE 607833 .004965 .045741 .024374 .013688 909129 .012872

:%Z .024461 .034338

:iE~~

:EZ .004965 905173

:E%

:EE .111632 .018253 .004965

:“oE~

:EE

:k%E

:EE .046226 .005329

:8%E3

:EE

### 101 STAT. 20 PUBLIC LAW lOO-4-FEB. 4,1987

33 USC 1285.

33 USC 1291. 

## y$ccn;

. . . .. . . .. . . . .. . . . . .. . . . . .. . . . .. . .. . . .. . . . .. . . . . .. . . . .. . . . .. . . .. . . . . . . . .. . . . .. . . . .. . . . . ..

.. . .. . . . . .. . . . . . .. . . .. . . . . . .. . . .. . . . . .. . . .. . . . . .. . . .. . . . . .. . . .. . . . .. . . . .. . . . . . . . :EE~
~4fcan Samoa

............................................................................... .000908

........ .................................... ..................................................... 600657 Northern Marianas

........................................................................... .000422 Puerto Rico

......................................................................................... .013191 Pacific Trust Territories

.................................................................. .001295 Virgin Islands

.................................................................................... .000527”. 

### (b) EXTENSIONOF MINIMUM 

### AWRNTs.-Section 205(e) is amended by striking out “and 1985” each place it appears and inserting in lieu thereof “1985, 1986, 1987,1988, 1989,and 1990”. (cl COSTS

OFADMINISTRATION.-Section 205(gXl) iS amended by striking out “October 1, 1985” and inserting in lieu thereof “October 1,1994”. (d)CONTROL

OFPOLLDTANT~

FROMSTORM

SRwERs.-Section 211(c) is amended by striking out “1985,” and inserting in lieu thereof “1990,“.

SEC. 207. RURAL SET ASIDE. 

### (al INCREASE

IN MANDATORY

SETASIDEFORRURAL 

### STATES.-The first sentenceofsection 205th)is amended by striking out “four per centum” and inserting in lieu thereof “a total (asdetermined bythe Governor ofthe State)of not lessthan 4percent nor more than 7% percent”. (b) INCREASE

IN AUTHORIZED

SETASIDEFOROTHER

STATES.-The secondsentence of section 205th) is amended by striking out “four percentum” and inserting in lieu thereof “7% percent”.

SEC. 206. INNOVATIVE AND ALTERNATIVE PROJECTS. 

### Section 205(i)isamendedto readasfollows:
State and local 

### “(i) SET-ASIDE FOR INNOVATIVE

ANDALTERNATIVE

PROJECT&-Not governments. 

### lessthan %of 1percent offunds allotted to aState for eachofthe

fiscal years ending September30,1979,through September30,1990, under subsection (c) of this section shall be expended only for increasing the Federal share ofgrants for construction oftreatment works utilizing innovative processesand techniques pursuant to
33 USC 1282. 

### section 202(a)(2)of this Act. Including the expenditures authorized

by the preceding sentence,atotal of2percent ofthe funds allotted toaStatefor eachofthe fiscal years ending September30,1979,and September30,1980,and 3percent ofthe funds allotted to aStatefor the fLsca1

year ending September 30, 1981,under subsection (c)of this section shall be expended only for increasing grants for construction oftreatment works pursuant to section 202(aX2)ofthis Act. Including the expenditures authorized by the first sentence of this subsection, atotal (asdetermined by the Governor ofthe State) of not lessthan 4 percent nor more than 7% percent of the funds allotted to such State under subsection (c)ofthis section for eachof the fiscal years ending September 30, 1982,through September 30, 1990,shall be expended only for increasing the Federal share of grants for construction of treatment works pursuant to section 202(a)(2) ofthis Act.“.

SEC. 209. REGIONAL ORGANIZATION FUNDING.

State and local governments. 

### Section 205cjX3)is amended by adding at the end thereof the

following: “In giving such priority, the State shall allocate at least 40
un8” rcent of the amount granted to such State for a foal year er paragraph (2)ofthis subsectionto regional public comprehensive planning organizations in such State andappropriate interstate organizations for the development and implementation of the plan

### :.4, 1987

.. .................... .027342

................. ... .004965

............ .... .. .000908

...................... .000657

.................. ... .000422

..................... .013191

................... .001295

..................... .000527”. 

### vTs.-Section 205(e) is I place it appears and 1988, 1989,and 1990”. !05@Ml)is amended by erting in lieu thereof

SEWJmS-&?ction 211(c) rserting in lieu thereof

iR 

### RURALSTATES.-The ‘ystriking out “four per al(asdetermined bythe cent nor more than 7Yz

3~OTHER

STATES.-The ;dgr;FjtGng out “four

2 

### :cTs. 4: :NATWE PROJECTS-Not Ia State for eachof the h September30,1990, %e expended only for mnstructionoftreatment echniques pursuant to expenditures authorized nt ofthe funds allotted September30,1979,and is allotted toaState for under subsection (c)of increasing grants for 1 section 202(a)(2)ofthis by the first sentence of

:Governor ofthe State) Y2percent of the funds this section for eachof through September 30, 3the Federal share of ;8 pursuant to section

it the end thereof the ?shall allocate at least State for a fiscal ear onal public compreKen1appropriate interstate smentation of the plan PUBLIC LAW lOO-4-FEB. 4,1987

described in this paragraph. In any fiscal year for which the Governor, in consultation with such organizations and with the ap proval 

### ofthe Administrator, determines that allocation ofat least40 percent of such amount to such organizations will not result in significant participation by such organizations in water quality management planning and not significantly assist in development and implementation of the plan described in this paragraph and achieving the goals of this Act, the allocation to such organization may 

### belessthan 40percent ofsuchamount.“.

SEC. 210.MARINECSO'SANDESTUARIES. 

### Section 205isamendedby adding at the endthereof the following
newsubsection: “(~)MARINEESTUARYRESERVATION.- 

### “(1) RESERVATION

OFFUNDS.- “(A) GENERAL

Rum.-Prior to making allotments among the States under subsection (c)ofthis section, the Administrator shall reservefunds from sumsappropriated pursuant to section 207for each fmcalyear beginning after September 30,1986. “(B) FR~CAL

YEARS1987 AND 

### rsss.-For eachoffiscal years 1987and 1988the reservation shall be1percent ofthe sums appropriated pursuant to section 207for such fiscal year. “(C) FISCAL

YEARS 1989ANDlggo.-For eachoffiscal years 1989and 1990the reservation shall be 1?4percent of the funds appropriated pursuant to section 207for such fiscal year. “(2) USEOFFuHns.-Gf the sums reserved under this subsection, two-thirds shall be available to address water quality problems ofmarine baysand estuaries subjectto lower levels of water quality due to the impacts of discharges from combined storm water and sanitary seweroverflows from adjacent urban complexes,and one-third shall beavailable for the implementation of section 320ofthis Act, relating to the national estuary program. “(3) PERIODOF AVAHABILI+N.-&IIS reserved under this subsection shall be subject to the period of availability for obligation established bysubsection (d)ofthis section. "(4) ?ttRATMENT OF CERTAIN BODY OF 

### wmlm-For pUrpOSt?S 

### Of this section and section 201(n),Newark Bay, New Jersey, and the portion ofthe PassaicRiver upto Little Falls, in thevicinity ofReatties Dam,shall betreated asamarine bayand estuary.“.
SEC.21I.AUTHORIZATIONSFORCONSTRUCTIONGRANTS. 

### Section 207 is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “; and for eachof the fiscal years ending September30,1986, September30,1987, and September30,1988, not to exceed$2,400,000,000; andfor eachofthe fiscal years ending September 30,1989,and September30,1990, not toexceed$1,200,000,000.“.

SEC.~~~.STATRWATERPOLL~T~ONCONTROLREVOLV~NGFUNDS. 

### (al ESTABLISHMENT OF 

### PaocRMa.-The Act is amended by adding atthe endthereof the following newtitle: 101STAT. 21

33 USC 1285.

33 USC 1287.

Urban areas.

New Jersey. 33 USC 1281.

33 USC 1287.

### 101STAT. 22

33USC 1381.

33USC 1292. Post,

### p.52.

Post,

### p.61.

Post,

### p.25.

33USC 1382.

post,

### p.27. PUBLIC LAW lOO-4-FEB. 4, 1987



## “TITLE VI-STATE WATER POLLUTION CONTROL REVOLVING FUNDS

“SEC.601.GRANTSTO STATES FOR ESTABLISHMENT OF REVOLVING

FUNDS. 

### “(a) GENERAL

AUTHORITY.-Subject to the provisions of this title, the Administrator shall make capitalization grants to eachState for the purpose ofestablishing awater pollution control revolving fund for providing assistance (11for construction of treatment works (as defined in section 212of this Act) which are publicly owned, (21for implementing amanagement program under section 319,and (3)for developing and implementing aconservation and management plan under section320. “(bl SCHEDULE

OF GRANT PAYMENTS.-TheAdministrator and each State shall jointly establish ascheduleofpayments under which the Administrator will pay to the State the amount of eachgrant to be madeto the State under this title. Such schedule shall bebasedon the State’s intended useplan under section 606(c)ofthis Act, except that- “(1) such payments shall be made in quarterly installments, and “(2)suchpayments shall bemadeasexpeditiously aspossible, but in noevent later than the earlier of- “(A) 8quarters after the date such funds were obligated bythe State,or “(Bl 12quarters after the datesuchfunds wereallotted to the State.

“SEC.602.

CAPITALIZATION GRANTAGREEMENTS. 

### “(a) GENERAL

RULE.-TO receive acapitalization grant with funds made available under this title and section 205(m)of this Act, a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifications set forth in subsection (blofthis section. “(b) SPECIFIC

REQUIREMENTS.-The

Administrator shall enter into
an agreement under this section with a State only after the State hasestablished tothe satisfaction ofthe Administrator that- “(1) the State will accept grant payments with funds to be madeavailable under this title and section 205(m)ofthis Act in accordancewith a payment schedule established jointly by the Administrator under section 601(b)ofthis Act and will deposit all such payments in the water pollution control revolving fund established bythe State in accordancewith this title; “(21the State will deposit in the fund from State moneysan amount equal to at least 20 percent of the total amount of all capitalization grants which will bemadetothe Statewith funds to bemadeavailable under this title and section 205(m)of this Act on or before the date on which each quarterly grant payment will bemadetothe State under this title; “(31the State will enter into binding commitments to provide assistance in accordancewith the requirements of this title in
an amount equal to 120percent of the amount of each such grant payment within 1year after the receipt of such grant payment;

### :B.4, 1987



## :R POLLUTION VG FUNDS

.ISHMENT OF REVOLVING



### le provisions of this title,
ngrants to eachStatefor
oncontrol revolving fund Nn of treatment works (as
re publicly owned, (2)for lersection 319,and (3)for
onand management plan

eAdministrator and each ayments under which the nount of eachgrant to be :hedule shall bebasedon I606(c)ofthis Act, except

n quarterly installments,
expeditiously aspossible,f

### uchfunds were obligated

ich funds wereallotted to

Is. lization grant with funds
on 205(m)of this Act, a the Administrator which necifications set forth in

nistrator shall enter into tate only after the State ministrator thatments with funds to be tion 205(m)ofthis Act in ,stablishedjointly by the this Act and will deposit In control revolving fund vith this title; d from State moneys an ’the total amount of all
etothe Statewith funds nd section 205(m)ofthis Rzh quarterly grant paylistitle; commitments to provide drements of this title in ie amount of each such \e receipt of such grant PUBLIC LAW lOO-4-FEB. 4, 198’7 101STAT. 23

“(4) all funds in the fund will beexpended in an expeditious andtimely manner; “(5) all funds in the fund asa result of capitalization grants under this title and section 205(m)ofthis Act will first be used to assure maintenance of progress, as determined by the Governor of the State, toward compliance with enforceable deadlines, goals, and requirements of this Act, including the municipal compliance deadline; post,

### p.27.



### “(6) treatment works eligible under section 603(cXl) of this Act which will be constructed in whole or in part before fiscal year 1995with funds directly made available by capitalization grants under this title and section 205(m)ofthis Act will meet the requirements of,or otherwise betreated (asdetermined by the Governor of the State) under sections 201(b), 2Ol(gXl), 201(g)(2),201(g)(3),201(g)(5),201(g)(6),201(n)(l), 201(o),204(aXl), 204(aX2),204(bXl), 204(dX2),211,218,511(cXl), and 513of this Act in the same manner astreatment works constructed with assistanceunder title II ofthis Act; “(7) in addition to complying with the requirements of this title, the State will commit or expend each quarterly grant payment which it will receive under this title in accordance with laws and procedures ap licable to the commitment or expenditure ofrevenuesofthe 8t-ate; “(8) in carrying out the requirements of section 606of this Act, the State will use accounting, audit, and fiscal procedures conforming to generally acceptedgovernment accounting standards; 33 USC 1281, 1284, 1291, 1298, 1371, 1372. 33 USC 1281.

Post,

### p.25.



### “(9) the State will require asa condition of making a loan or providing other assistance,asdescribed in section 603(d)ofthis Act, from the fund that the recipient of such assistance will maintain project accounts in accordance with generally acceptedgovernment accounting standards; and “(10)the State will makeannual reports tothe Administrator
on the actual useof funds in accordancewith section 606(d)of this Act. Loans.

"SEC.603.WATERPOLLUTIONCONTROLREVOLVINGLOANFUNDS. Reports

Post,

### p.26.

33 USC 1383. 

### “(a) REQUIREMENTS

FOR OBLIGATION

OFGRANT 

### FUNDS.-Before a State may receive a capitalization grant with funds madeavailable under this title and section 205(m)of this Act, the State shall first establish a water pollution control revolving fund which complies with the requirements ofthis section. “(b) ADMINISTRATION.-EachState water pollution control revolving fund shall be administered by an instrumentality of the State with suchpowersand limitations asmayberequired tooperatesuch fund in accordancewith the requirements and objectivesofthis Act. “(c) PROJECTS

ELIGIBLEFORAssrsTANcR.-The amounts of funds available to each State water pollution control revolving fund shall beusedonly for providing financial assistance(1)to any municipality, inter-municipal, interstate, or State agency for construction of publicly owned treatment works (asdefined in section 212of this Act), (2)for the implementation of a management program established under section 319of this Act, and (3) 

### for development and implementation of a conservation and management plan under section 320of this Act. The fund shall be established, maintained, and credited with repayments, and the fund balance shall beavailablein perpetuity for providing suchfinancial assistance. 33 USC 1292 Post,

### p.52.

Post,

### p.61.

### 101 STAT. 24

Insurance.

Securities.

33USC1231.

33USC1285, 1238, 1313; post, 

### pp.52, 61.

33USC1296. 

### PUBLIC LAW lOO-4-FEB. 4,1987

“(dl TYPES

OFAssIsTANcE.-Except asotherwise limited b State law, a water pollution control revolving fund of a State unB er this section may beusedonly- “(1)to make loans,onthe condition that- “(Al such loans are made at or below market interest rates, including interest free loans, at terms not to exceed 20,years; (Bl annual principal and interest payments will commencenot later than 1year after completion ofany project and all loans will befully amortized not later than 20years after project completion; “(Cl the recipient of a loan will establish a dedicated
sourceofrevenue for repayment ofloans;and “(D) the fund will becredited with all payments of principal and interest onall loans; “(2) to buy or refinance the debt obligation of municipalities and intermunicipal and interstate agencieswithin the State at
or below market rates, where such debt obligations were incurred after March 7,1985; “(31to guarantee, or purchase insurance for, local obligations where such action would improve credit market accessor reduce interest rates; “(41as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issuedbythe State if the proceedsofthe saleofsuchbondswill bedepositedin the fund; “(5) to provide loan guarantees for similar revolving funds established by municipalities or intermunicipal agencies; “(61toearn interest onfund accounts;and “(‘71for the reasonable costsof administering the fund and conducting activities under this title, except that such amounts shall not exceed 4 percent of all grant awards to such fund under this title. ‘Ye) LIMITATION 

### To PREVENTDOUBLEBENEFITS.-If 

### aState makes, from its water pollution revolving fund, a loan which will finance the costoffacility planning and the preparation of plans, specifications, and estimates for construction of publicly owned treatment works, the State shall ensure that if the recipient of such loan receives agrant under section 201(g)ofthis Act for construction of such treatment works and an allowance under section 201(1X11 of this Act for non-Federal funds expended for such planning and preparation, such recipient will promptly repay such loan to the extent ofsuchallowance. “(f) C~NSIEJTENCY



### WITH PLANNING REQUIREMENTS.-A 

### State may provide financial assistancefrom its water pollution control revolving fund only with respect to a project which is consistent with plans, if any, developed under sections 2050’1, 208,303(e),319,and 320ofthis Act. “(gl PRIORITY

LISTBEQuIREMENr.-The State may provide financial assistance from its water pollution control revolving fund only with respect to a project for construction of a treatment works described in subsection (cX11 if such project isonthe State’spriority list under section 216ofthis Act. Such assistance may beprovided regardlessofthe rank ofsuchproject onsuch list. ‘(h) ELIGIBILITYOFNON-FEDERALSHAREOF CONSTRUCTION GRANT 

### PR~JECIS.-A State water pollution control revolving fund may provide assistance(other than under subsection (dXl1ofthis section1

### B. 4,1987

;herwise limited b State md of a State unB

er this

.hatlr below market interest 8,at terms not to exceed

rest payments will comcompletion ofany project ?dnot later than 20years

ill establish a dedicated ? loans;and 4th all payments of prinligation of municipalities ncies within the State at lebt obligations were inmcefor, local obligations :redit market accessor lrity for the payment of general obligation bonds le saleofsuch bondswill

similar revolving funds unicipal agencies; 8; and Cstering the fund and xcept that such amounts nt awards to such fund

Ems.-If aState makes, loan which will finance Tationof plans, specificalblicly owned treatment
: recipient of such loan
sAct for construction of mder section 201(1X1)

of for such repay sue

f lanning and loan to the

RRMENT8.-ASl&.emay 

### pollution control revolvrhich is consistent with ;(i),208,303(e),319,and

tate may provide finantrol revolving fund only of a treatment works ison the State’s priority stance may be provided
nlist. +FC!~N~TRU~TIONGRANT 

### 01 revolving fund may :ion (dX1)ofthis section) PUBLIC LAW lOO-4-FEB. 4, 198’7 101STAT. 25

to a municipality or intermunicipal or interstate agency with respect to the non-Federal share of the costsof a treatment works project 

### for which such mumclpahty or agency 1srecelvmg assistance from the Administrator under any other authority only if such assistanceis necessarytoallow suchproject toproceed.

“SEC. 604.ALLOTMENT OF FUNDS. 33 USC 1384. 

### “(a) FORMULA.-sums 

### authorized to beappropriated tc carry out this sectionfor eachoffiscal years 1939and 1990shall beallotted by the Administrator in accordance with section 205(c)of this Act. 33USC 1285. “(b) RESERVATION OF FUNDS FOR 

### PLANNING.-Each State shall
reserve eachfiscal year 1percent ofthe sumsallotted to such State under this section for such fiscal year, or $100,000,whichever amount is greater, to carry out planning under sections 205(j)and 303(e)ofthis Act. 33 USC 1313. “(~)ALL~TMENT PERIOD.- “(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.--SUmS allot

### ted to a State under this section for a fBca1year shall be available for obligation by the State during the fiscal year for which sumsare authorized and during the following fiscal year. “(2) REALLOTMENT 0~ UNOBLIGATED 

### FuNns.-The amount of any allotment not obligated by the State by the last day of the 2-year period of availability established by paragraph (1) shall be immediately reallotted by the Administrator on the basisof the same ratio as is applicable to sumsallotted under title II of this Act for the second fiscal year of such 2year 33 USC 1281. 

### period. None ofthe funds reallotted by the Administrator shall be reallotted to any State which has not obligated all sums allotted to such State in the first fiscal year of such 2-year period.

“SEC. 605.CORRECTIVE ACTION. 33 USC 1385. “(a) NOTIFICATION OF 

### NoNcoMr%rANcE.-If the Administrator determines that a State has not complied with its agreement with the Administrator under section 602 of this Act or any other Ante, p.22. 

### requirement ofthis title, the Administrator shall notify the State of suchnoncompliance and the necessarycorrective action. "(b) WITHHOLDINGOFPAYMENTCX--Ifa 

### State does not take correc

### tive action within 60daysafter the dateaState receivesnotification of such action under subsection (a),the Administrator shall withhold additional pa

r ents to the State until the Administrator is satisfied that the tate has taken the necessary corrective action. “(c) REAU~TM

ENT OFWITHHELD 

### PAYMENT&-If the Administrator is not satisfied that adequate corrective actions have beentaken by the Statewithin 12months after the State is notified ofsuchactions under subsection (a),the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment offunds under this title.

“SEC. 606. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE 33 USC! 1386.

PLAN. 

### “(a) FISCAL ~NTROL AND AUDITING PROCEDURES-Each 

### State electing to establish awater pollution control revolving fund under this title shall establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate account ing periodsfor-

### 101 STAT. 26

31 USC 7501 et seq.

33USC 1296. Post,

### pp.52,

62.

33 USC 1311, 1341.

An&, 

### p.22.

Loans.

LQans.

33USC 1281.

33USC!1387. 

### PUBLIC LAW lOO-4-FEB. 4, 1987

“(11payments receivedbythe fund; “(2)disbursements madebythe fund; and “(3) fund balancesat the beginning and endofthe accounting period. “61 ANNUALFEDERAL

AUDITS.-The Administrator shall, at least
on an annual basis,conduct or require eachState to have independently conducted reviews and audits asmay bedeemednecessaryor appropriate by the Administrator to carry out the objectivesofthis section. Audits ofthe useof funds deposited in the water pollution revolving fund established by such State shall be conducted in accordancewith the auditing procedures ofthe General Accounting Office, including chapter 75oftitle 31,United StatesCode. “(cl INTENDED

USEFUN.-After providing for public comment and review, eachStateshall annually prepare aplan identifying the intended usesofthe amounts available to its water pollution control revolving fund. Such intended use plan shall include, but not be limited to- “(1) a list ofthose projects for construction of publicly owned treatment works on the State’s priority list developedpursuant to section 216 of this Act and a list of activities eligible for assistanceunder sections319and 320ofthis Act; “(21adescription ofthe short- and long-term goalsand objectives ofits water pollution control revolving fund; “(3) information on the activities to besupported, including a description of project categories, discharge requirements under titles III and IV of this Act, terms of financial assistance,and communities served; “(4)assurancesand specific proposalsfor meeting the requirements of paragraphs (3),(41,(51,and (6)of section 602(b)ofthis Act; and fuII’d5,’ the trite ria and method established for the distribution of
“(d) AN’NUALREPORT.-Beginning the first fiscal year after the receipt of payments under this title, the State shall provide an annual report to the Administrator describing how the State has met the goalsand objectivesfor the previous fBca1year asidentified in the plan prepared for the previous fiscal year pursuant tosubsection (cl, including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistanceprovided from the water pollution control revolving fund. ‘Ye) ANNUAL FEDERAL 

### OVER~ICHT RRvrRw.-The Administrator shall conduct an annual oversight review of each State plan prepared under subsection (c),eachState report prepared under subsection (d),and other such materials asare considered necessaryand appropriate in carrying out the purposesofthis title. After reasonable notice bv the Administrator to the State or the recinient of a loan from aGater pollution control revolving fund, the Stateor loan recipient shall make available to the Administrator such recordsas the Administrator reasonably requires to review and determine compliance with this title. “(0 APPLICABILITY OF"~TLE II PRovIsIoNs.-Except 

### to the extent provided in this title, the provisions of title II shall not apply to grants under this title.
"SEC.607.AUTHORIZATIONOFAPPROPRIATIONS. 

### “There isauthorized to beappropriated to carry out the purposes ofthis title the following sums:

### 3.4, 1987 PUBLIC LAW 100-4-FEB. 4, 1987

and Idendofthe accounting

inistrator shall, at least State to have independbedeemednecessaryor ut the objectives ofthis 1in the water pollution shall be conducted in LheGeneral Accounting dStatesCode. ng for public comment *eaplan identifying the water pollution control all include, but not be

ction of publicly owned list developed pursuant bfactivities eligible for this Act; tg-term goalsand objecing fund; ?supported, including a ?gerequirements under nancial assistance,and

Formeeting the requireofsection 602(b)ofthis

dfor the distribution of

stfiscal year after the State shall provide an ling how the State has fiscal year asidentified ‘earpursuant to subsec- :ipients, loan amounts, her forms of financial control revolving fund. V.-The Administrator )feach State plan preprepared under subsecnsidered necessaryand this title. After reasont.eor the recipient of a fund, the Stateor loan strator such records as review and determine
-Except to the extent 3 II shall not apply to

‘carry out the purposes 101STAT. 27

“(11$1,200,000,000per fiscal year for eachoffiscal years 1939 and 1990; “(2)$2,400,000,000

for fiscal year 1991; “(3)$1,800,000,000

for fiscal year 1992; “(4)$1,200,000,000

for fiscal year 1993;and “(5)$600,000,000

for fiscal year 1994.“. (b) STATE-OPTION 

### To USETITLEII FUNDS.-Section 295isamended 33USC 1235. byadding at the endthereof the following newsubsection: “(m) DISCRETIONARY DEPOSITS 

### INTOSTATE WATER 

### POLLUTIONCONTROL REVOLVING FUNDS.- 

### “(1) FROM 

### CONSTRUCTION GRANT ALLOTMENTS.-Inaddition to any amounts deposited in a water pollution control revolving fund established by a State under title VI, upon request ofthe Ante, p. 22. 

### Governor ofsuch State,the Administrator shall make available to the State for deposit, ascapitalization grants, in suchfund in any fiscal year beginning after September30,1986,suchportion ofthe amounts allotted tosuch State under this sectionfor such fiscal year as the Governor considers appropriate; except that (A) in fiscal year 1987,such deposit may not exceed50percent ofthe amounts allotted to such Stats under this sectionfor such fiscal year, and (Bl in fiscal year 1988,such deposit may not exceed75percent of the amounts allotted to such State under this sectionforthis fiscal year. “(2) NOTICEREQUIREMENT.-TheGovernor of a State may makea request under paragraph (1)for adeposit into the water pollution control revolving fund ofsuch State- “(A) in fiscal year 198’7

only if no later than 90daysafter the dateofthe enactment ofthis subsection,and “(Bl in each fiscal year thereafter only if 90days before the first dayofsuchfoal year, the State provides notice of its intent to make such deposit. “(31 EXCEPTION.-Sumsresewed under section 205(i)of this Act shall not beavailable for obligation under this subsection.“. (clREPORT

TOCoNcREss.-Section 516isamendedbyadding at the 33USC 1375. endthereof the following newsubsection: ‘YglSTATE

REVOLVING

FUNDREPORT.- “(1) IN GENERAL-Not later than February 10, 1990, the Administrator shall submit to Congressa report on the tinancial status and operations of water pollution control revolving funds established by the States under title VI of this Act. The Administrator shall prepare such report in cooperation with the States, including water pollution control agencies and other water pollution control planning andfinancing agencies. “(21CoNrxNTs.-The report under this subsection shall also include the following: “(A) an inventory of the facilities that are in significant noncompliance with the enforceable requirements of this Act; “(B) an estimate of the cost of construction necessary to bring such facilities into compliance with such requirements; “(Cl an assessmentof the availability of sourcesof funds for financing such needed construction, including an estimate ofthe amount offunds available for providing assistance for such construction through September 30, 1999, from the water pollution control revolving funds established bythe Statesunder title VI ofthis Act;

### 101STAT. 28 PUBLIC LAW lOO-4-FEB. 4, 1987

Loans. 

### “(D) an assessmentof the operations, loan portfolio, and

loan conditions ofsuch revolving funds;

33USC1287.

33USC1281. 

### ‘YE)an assessmentof the effect on user charges of the

assistance provided by such revolving funds compared to the assistance provided with funds appropriated pursuant tosection 207ofthis Act; and “(F) an assessmentofthe efficiency of the operation and maintenance of treatment works constructed with assistance provided by such revolving funds compared to the efficiency of the operation and maintenance of treatment works constructed with assistance provided under section 201ofthis Act.“.

SEC. 213.IMPROVEMENTPROJECIS.

33USC1285. 

### (a)AVALON, CALIFORNIA.-The 

### Administrator shall make agrant

of $3,000,000from funds allotted under section 205of the Federal Water Pollution Control Act tothe State ofCalifornia for fiscal year 1987to the city of Avalon, California, for improvements to the publicly ownedtreatment works ofsuchcity. (b) WALKER AND SMITHFIELD TOWNSHIPS,FkNNsYLvmm-Out 

### of funds available for grants in the State of Pennsylvania under the third sentence of section 2OUgXl) of the Federal Water Pollution Control Act in fiscal year 1987, the Administrator shall make grants- (1)toWalker Township, Pennsylvania, for developing acollector systemand connecting its wastewater treatment systeminto the Huntingdon Borough, Pennsylvania, sewage treatment plant, and (2) to Smithfield Township, Pennsylvania, for rehabilitating and extending its collector system. (c)TAYLORMILL, 

### KENTUCKY.-Notwithstanding section 20&X1) of the Federal Water Pollution Control Act or an other provision of law, the Administrator shall make a grant of 250,000from funds $ allotted under section 205ofsuch Act to the State of Kentucky for fiscal year 1986to the city ofTaylor Mill, Kentucky, for the repair and reconstruction, as necessary, of the publicly owned treatment works ofsuchcity.

33USC1232. 

### (d) NEVADA 

### COUNTY,CAr,rroaNIA.-Out of funds available for

grants in the State of California under the third sentenceofsection 2OUgXl)of the Federal Water Pollution Control Act in fiscal year 198’7, the Administrator shall makeagrant for the construction ofa collection s tern serving the Glenshire/Devonshire area of Nevada County, C

aT ifornia, to deliver waste to the Tahoe-Truckee Sanitary District’s regional wastewater treatment facility. (e) TREATMENTWORKS FORWANAQUE, NEWJm.sEY.-In 

### fisca year 1987 and succeeding fiscal years, the Administrator shall make grants to the Wanaque Valley Regional SewerageAuthority, New Jersey.,from funds allotted under section 205ofthe Federal Water Pollution Control Act tothe StateofNewJerseyfor suchfiscalyear, for the construction of treatment works with a total treatment capacity of 1,050,OOO

gallons per da with atreatment capacity of350,OO J (including atreatment module gallons per day).Notwithstanding section 202ofsuchAct, the Federal share ofthe costofconstruction ofsuchtreatment works shall be75percent. (0 QEATMENT WORKS FOR LENA, 

### IuINors.-The Administrator shall makegrants tothe village ofLena, Illinois, from funds allotted under section 205ofthe Federal Water Pollution Control Act to the

### 4,198

ns,loan portfolio, and

zuser charges of the Ig funds compared to appropriated pursuant

1ofthe operation and nstructed with assistnds compared to the ttenance of treatment rovided under section

or shall make a grant
on 205of the Federal llifornia for fiscal year improvements to the

ENNSYLVANIA.--Out Of 

### !Fnsylvania under the ieral Water Pollution inistrator shall make

fordeveloping acollectreatment systeminto .a, sewage treatment
nia, for rehabilitating
ling section 201@(l) of
an $rother provision of If 250,000from funds State of Kentucky for tntucky, for the repair licly owned treatment

#ffunds available for ird sentenceofsection trol Act in fiscal year ,rthe construction ofa n&ire area of Nevada gyoe-Truckee Sanitary

J&sm.-In fmcalyear inistrator shall make *erageAuthority, New iofthe Federal Water
se % for suchfoal year, it, a total treatment ~gatreatment module dr day).Notwithstandofthe costofconstruc- !nt. 3.-The Administrator his,from funds allotted tion Control Act to the i 

### PUBLIC LAW lOO-4-FEB. 4,1987 101STAT. 29

State of Illinois for fiscal years beginning after September30, 1986, for the construction ofa replacement moving badfilter pressfor the treatment works ofsuchvillage. Notwithstanding section 202ofthe Federal Water Pollution Control Act, the Federal share ofthe cost 33USC 1282. 

### ofconstruction ofsuch project shall be75percent. (~)PRIORITYFOR~URT~RDEREDAND@HERPR~JEC~S.--T~~S~~~~ gmsynia. 

### of Pennsylvania, from funds allotted to it under section 205of the Federal Water Pollution Control Act, shall give priority for 33 USC 1285. 

### construction of- (1)the Wyoming Valley Sanitary Authority SecondaryTreatment project mandated under Federal court order, regardlessof the date of start of construction made pursuant to the court order; and (2) a project for wastewater treatment for Altoona, Pennsylvania.

The Chicago tunnel and reservoir project may receive grants under the last sentence of section 201@(l) of the Federal Water Pollution Control Act without regard to the limitation contained in 33USC 1281. 

### such sentence if the Administrator determines that such project meetsthe cost-effectiveness requirements ofsections 217and 218of suchAct without any redesign or reconstruction and if the Governor ofthe affectedStatedemonstrates tothe satisfaction ofthe Adminisf&:X 1297,

. trator the water quality benefits ofsuch project.
SEC.215.ADVALOREMTAXDEDICATION. 

### For the purposesofcomplying with section 2046x1) ofthe Federal New Hampshire. 

### Water Pollution Control Act, the ad valorem tax user charge sys- Ante, p. 18. 

### terns ofthe town of Hampton and the city of Nashua, New Hamp shire, shall be deemedto have been dedicated asof December 27, 1977.The Administrator shall review such ad valorem tax user charge systemsfor compliance with the remaining requirements of such section and related regulations of the Environmental Protection Agency.



## TITLE III-STANDARDS AND ENFORCEMENTS

SEC.301.COMPLIANCEDATES. 

### (a) PRIORITY

### TOXICPOLLUTANT&-Section 3Ol(bX2XC)is amended 33 USC 1311. 

### by striking out “not later than July 1,1984,”and inserting after “of this paragraph” the following: “as expeditiously aspracticable but in no caselater than three years after the date such limitations are promulgated under section 304(b), and in no case later than 33USC 1314. 

### March 31,1989”. (h) OTHERTOXIC 

### POLLUTANTS.-Section301(bX2XD)is amendedby striking out “not later than three years after the date such limitations are established” and inserting in lieu thereof “as expeditiously
aspracticable, but in no caselater than three years after the date such limitations are promulgated under section 304(b),and in no caselater than March 31,1989”. (c) CONVENTIONAL 

### POLLUTANTS.-Section3010$2)(E) is amended by striking “not later than July 1, 1984,” and inserting in lieu thereof “asexpeditiously as practicable but in no caselater than

### 101 STAT. 30 PUBLIC LAW lOO-4-FEB. 4, 1987

33USC1314.

33USC1311.

33USC1311 note.

33USC1317.

State and local governments. Chemicals. 

### three years after the date such limitations are promulgated under

section 304(b),and in no caselater than March 31,1989,compliance with”. (d) OTHER

### PonnurANrs.-Section 301(bX2XF)is amended by striking “not” after “subparagraph (A)ofthis paragraph” and inserting in lieu thereof “as expeditiously aspracticable but in no case”,and by striking “or not later than July 1, 1984,” and all that follows through the endofthe sentenceand inserting in lieu thereof “and in
nocaselater than March 31,1989.“. (e)STRICFER



### BPT.-Section 301(b)isamendedbyadding at the end the following newparagraph: “(3XA) for effluent limitations under paragraph (1XAXi) 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 304(b),and in no caselater than March 31, 1989;and “(B) for any effluent limitation in accordancewith paragraph (lXAXi), (2XAXi),or (2XE)of this subsection established only on the basisofsection 402(aXl) in a permit issuedafter enactment ofthe Water Quality Act of 1987,compliance asexpeditiously as practicable but in no caselater than three years after the date such limitations are established, and in no case later than March 31,1989.“. (0 DEADLINESFORREGULATIONSFORCERTAINTOXICPOLLUTANTS.- 

### The Administrator shall promulgate final regulations establishing effluent limitations in accordance with sections 301(bX2XA)and 307&X1)of the Federal Water Pollution Control Act for all toxic pollutants referred to in table 1of Committee Print Numbered 95- 30 of the Committee on Public Works and Transportation of the House of Representatives which are discharged from the categories ofpoint sourcesin accordancewith the following table:

Category Date by which the final regulation shall be promulgated

Organic chemicals and plastics and synthetic fibers

................ Pesticides December 31, 1986.

........................................................................................... December 31,1986.

SEC. 302. MODIFICATION FOR NONCONVENTIONAL POLLUTANTS. 

### (a) LISTING OF 

### PoLnurANrs.-Section 301(g) is amended by redesignating paragraph (21(andany referencesthereto) asparagraph (31and by striking out all that precedessubparagraph (Al of paragraph (11 and inserting in lieu thereof the following: “@I MODIFICATIONS FOR CERTAIN NONCONVENTIONAL POLLUTANTS.-

### “(1) GENERAL 

### AwrHORIrv.-The Administrator, with the
concurrence of the State, may modify the requirements of subsection (bX2XAlofthis section with respectto the discharge from any point source of ammonia, chlorine, color, iron, and total phenols (4AAP) (when determined bythe Administrator to be a pollutant covered by subsection (bXBXF11 and any other

### 4, 1987

are promulgated under ch31,1989, compliance

?I is amended by strikragraph” and inserting )lebut in no case”,and ” and all that follows Iin lieu thereof “and in

edby adding at the end
paragraph (l)(AXD of uy 1, 1982,and requir- ?ater or based on funthan under permits for :h date, compliance as case later than three tre promulgated under
n March 31, 1989;and brdance with paragraph ion established only on issuedafter enactment tnceasexpeditiously as eeyears after the date in no case later than

N

### TOXICPOLLUTANTS

### egulations establishing ctions 30UbX2XA) and *ntrol Act for all toxic
.ePrint Numbered 95- Transportation of the ;edfrom the categories mgtable:

Date by which the final regulation shall be promulgated

........ December 31, 1986.

........ December 31, 1986.

.POLLUTANTS. 

### g) is amended by re- ;thereto) asparagraph paragraph (A) of paraming: SNVENTIONAL POLLUT
### ninistrator, with the the requirements of spect to the discharge orine, color, iron, and ythe Administrator to l)(B)(F))and any other PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 31

pollutant which the Administrator lists under paragraph (4)of this subsection. “(2) REQUIREMENTSFORGRANTING MODIFICATIONS.-A 

### modification under this subsection shall be granted only upon a showing by the owner or operator ofa point sourcesatisfactory tothe Administrator that-“. (b) PROCEDURE FOR LIFTING ADDITIONAL 

### POLLUTANTS; REMOVAL.- S&ion 

### 301(g)is further amended by adding at the end thereof the Ante, p.30. 

### following new paragraphs: “(4) PROCEDURES FORLISTING 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 304(a)(4)of this Act, toxic pollutants subject to section 33USC 1314. 

### 307(a)ofthis Act, andthe thermal component ofdischarges) 33USC 1317. 

### in accordancewith the provisions ofthis paragraph. “(B) REQUIREMENTS FORLISTING.- “(i) SUFFICIENT INFORMATION.-The person petition

### ing 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 Adminis

### trator shall determine whether or not the pollutant meetsthe criteria for listing asatoxic pollutant under section 307(a)ofthis Act. “(iii) LISTING AS TOXIC poI,IuTANT.-If the Adminis

### trator determines that the pollutant meetsthe criteria for listing asatoxic pollutant under section 307(a),the Administrator shall list the pollutant asatoxic pollutant under section 307(a). “(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 areauthorized under this subsection. “(C) REQUIREMENTII FORFILING OF PETITIONS.-A petition 

### for listing ofapollutant under this paragraph- “(i) must be filed not later than 270days after the dateofpromulgation ofanapplicable effluent guideline under section 304; “(ii) may befiled before promulgation of such guideline; and “(iii) may befiled with an application for a moditication under paragraph (1)with respectto the discharge ofsuchpollutant. “(D) DEADLINE FOR APPROVAL OF PETITION.-A decision to 

### adda pollutant to the list of pollutants for which moditications under this subsection are authorized must be made within 270days after the date of promulgation of an ap plicable effluent guideline under section 

### 304.

### 101 STAT. 32 PUBLIC LAW lOO-4-FEB. 4, 198’7

“03) BURDENOF 

### PRooF.--Theburden of proof for making the determinations under subparagraph (B)shall beon the petitioner.

33 USC 1311. “6) REMOVAL OF 

### rotLurArrrs.-The Administrator may

remove any pollutant from the list of pollutants for which modifications are authorized under this subsection if the Administrator determines that adequatetest methodsand sufticient data are no longer available for determining whether or not modifications may begranted with respecttosuch pollutant under paragraph (21

ofthis subsection.“. (c) DEADLINE

FOR APPROVAL

OFMoDrFICATroNS.-section 301(j)is amended- (1) in paragraph (2) by striking out “Any” and inserting in lieu thereof “Subject to paragraph (31ofthis section, any”; and (21 byadding at the endthereof the following newparagraphs: “(31GOMPLIANCE

REQUIREMENTS

UNDER SUBSECTION

Cg) .- “(A) EFFECT

OFFILING.-An application for amodification under subsection (g)and apetition for listing ofapollutant
asapollutant for which modifications areauthorized under such subsection shall not stay the requirement that the person seeking such modification or listing comply with effluent limitations under this Act for all pollutants not the subjectofsuchapplication or petition. “(Bl EFFECT

OFDISAPPROVAL.-DiSapprOVal of an application for a modification under subsection (9>shall not stay the requirement that the person seeking such modification comply with all applicable effluent limitations under this Act. “(41DEADLINE

FOR SUBSECTION

cg) DECISION.-Anapplication for amodification with respecttoapollutant filed under subsection (glmust beapproved or disapproved not later than 365days after the date ofsuch filing; except that in an casein which a petition for listing such pollutant as a pol utant for which P modifications are authorized under suchsubsection isapproved, such application must be approved or disapproved not later than 365 days after the date of approval of such petition.“. (d)CONFORMINGAMENDMENTS.-(~) 

### Paragraph (3)ofsection301(g),
as redesignated by subsection (a) of this section, is amended by inserting “LIMITATION ONAUTHORITY TOAPPLYFORSUBSECTION (cl MODIFICATION.-”before “If an owner” and by aligning such paragraph with paragraph (4)ofsuch section, asaddedby subsection (b) ofthis section. Paragraph section designated subsection (2)Paragraph (2)ofsection 301(g)(asdesignated by subsection (al ofthis section) isamendedby realigning subparagraphs (Al, (Bl,and section) amended realigning subparagraphs (Cl 

### with subparagraph (Al of paragraph (41,asaddedby subsection subparagraph paragraph subsection

33 USC 1311 note. 

### (blofthis section, - - - -

(e)APPLICATION.- (11GENERAL

RULE.-Except asprovided in paragraph (21,the amendments madeby this section shall apply to all requestsfor modifications under section 301(g)of the Federal Water Pollution Control Act pending on the date of the enactment of this Act and shall not have the effect of extending the deadline established in Section30l(jXlXB) ofsuchAct. (2)ExcEPTIoN.--The amendments made by this section shall not affect any application for a modification with respectto the discharge of ammonia, chlorine, color, iron, or total phenols (4AAPl under section 301(g)of the Federal Water Pollution

### .4,1987

en of proof for making *aph(B)shall beon the

3 Administrator may f pollutants for which ihis subsection if the test methodsand suftietermining whether or spect tosuch pollutant

'IONS. 

### -Section 301(j)is
‘Any” and inserting in ’this section, any”; and lowing newparagraphs: .SUBsECTIONC@.- 

### ation for amodification
or listing ofapollutant
asare authorized under ! requirement that the
or listing comply with
orall pollutants not the
n. rapproval of an applica- ?&ion (g)shall not stay eking such modification ; limitations under this

cnXoN.-An application itant filed under subsec1 not later than 365days tin an casein which a a ii lktant for which t8u ection isapproved,

- disapproved not later oval of such petition.“. raph(31 ofsection 301(g), section, is amended by )PLY FORSUBSECTION

(C) 

### iby aligning such paraaddedby subsection (b)
gnated by subsection (al jparagraphs (Al, (Bl,and
asaddedby subsection

edin paragraph (21,the ap ly to all requestsfor ie Pederal Water PolluIf the enactment of this extending the deadline Act. rdeby this section shall ation with respectto the iron, or total phenols GzderalWater Pollution PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 33

Control Act pending on the date of the enactment of this Act; exceptthat the Administrator must approve or disapprove such application not later than 365 days after the date of such enactment.
SEC.303.DISCHARGESINTOMARINEWATE=. (a) CONSIDERATION0F OTHER SOURCES OF 

### Por..LurANTS.-Section 301(h)(2)is amended by striking out “such modified requirements 33 USC 1311. 

### will not interfere” and inserting in lieu thereof the following: “the discharge of pollutants in accordance with such modified requirements will not interfere, alone or in combination with pollutants from other sources,“. (~)LIMITATION ONSCOPEOFMONITORING.- 

### (1)GENERAL

### aurz-Section 301(hX31 is amended by inserting beforethe semicolon at the endthereof the following: “, and the scopeof such monitoring is limited to include only those scientific investigations which are necessaryto study the effectsof the proposeddischarge”. (2) LIMITATION ON

### APPLrcAsmrrv.-The amendment made by 33 USC 1311 

### subsection (bl shall only apply to modifications and renewals of n0t.e. modifications which are tentatively or finally approved after the dateofthe enactment ofthis Act. (c) URBAN AREA PRETREATMENT 

### PRocRAM.-Section 301(h) is amendedby redesignating paragraphs (6)and (71, and any references thereto, as paragraphs (7) and (81,respectively, and by inserting after paragraph (51

the following new paragraph: “(61in the caseof any treatment works serving a population of50,000or more,with respectto 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 enforcesuch requirements, and the applicant hasin effecta pretreatment program which, in combination with the treatment ofdischargesfrom suchworks, removesthe sameamount of such pollutant as would be removed if such works were to apply secondary treatment to discharges and if such works had
nopretreatment program with respecttosuchpollutant;“. (dl PRIMARY'FREATMENTFOREFFLUENT.- 

### (11GENERAL

### nurx.-Section 301(h)isamendedby striking out the period at the end of paragraph (8) (as redesignated by subsection (cl of this section) and inserting in lieu thereof a semicolon and by inserting after such paragraph (81the following newparagraph: “(91 the applicant at the time such modification becomes effective will bedischarging effluent which has receivedat least primary or equivalent treatment and which meetsthe criteria established under section 304(a)(l) of this Act after initial 33 USC 1314. 

### mixing in the waters surrounding or adjacent to the point at which sucheffluent isdischarged.“. (21PRIMARY OREQUIVALENTTREATMENT

### nxnNxn.-Such section is further amended by inserting after the secondsentence the following new sentence:“For the purposesof paragraph (91, ‘primary or equivalent treatment’ means treatment by screening, sedimentation, and skimming adequate to remove at least 30percent of the biological oxygen demanding material and of

### 101 STAT. 34

. PUBLIC LAW 100-4-FEB. 4, 198’7

Fish and fishing. Wildlife. Ante, p.33.

Contracts.

33 USC 1311 note.

33 USC 1311. 

### the suspendedsolids in the treatment works influent, and disinfection, where appropriate.“. (e) LIMITATIONS

ONI~HJANCE

OFPxmrrs.-Section 301(h) is further amended by adding at the end thereof the following new sentences:“In order for a permit to be issuedunder 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 ofany pollutant into saline estuarine waters which at the time ofapplication do not support a balanced indigenous population of shellfmh? 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, shellfsh, fBh and wildlife or recreational activities or such other standards necessarytoassuresupport and protection ofsuchuses.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 beissuedunder this subsectionfor discharge ofapollutant into the New York Bight Apex consisting of the ocean waters of the Atlantic Oceanwestward of 73degrees30 minutes west longitude and northward of40degrees10minutes north latitude.“. (f) APPLICATION

FOROCEANDISCHARGE MonmcAnoN.-Section 30lCjXlXA) is amendedby inserting before the semicolon at the end thereof the following: ‘0 except that a publicly owned treatment works which prior to December31:1982,had acontractual arrangement to useaportion ofthe capacity ofanoceanoutfall operated by another publicly owned treatment works which has applied for or received modification under subsection (h), may apply for a modification ofsubsection (h)in its own right not later than 30daysafter the date of the enactment of the Water Qualit Act of 1987”. d (9) GRANDFATHER

OF CERTAIN APPLICANTS.- 

### e amendments madeby subsections(a),(cl,Cd), and (e)ofthis section shall not apply to an application for a permit under section 3010 of the Federal Water Pollution Control Act which has been tentatively or finally approved by the Administrator beforethe date ofthe enactment of this Act; exceptthat suchamendments shall apply toall renewals of suchpermits after suchdateofenactment.

SEC. 304. FILING DEADLINE FOR TREATMENT WORKS MODIFICATION. 

### (a) EXTENSION.-The second sentence of section 3OI(iXl) is amended by striking out “of this subsection.” and inserting in lieu thereof “of the Water Quality Act of 1987.“. 6) APPLICABILITY.-Theamendment madeby subsection (a)shall not apply to those treatment works which are subject to a compliance schedule established before the date of the enactment of this Act byacourt order orafinal administrative order.

SEC. 305. INNOVATIVE TECHNOLOGY COMPLIANCE DEADLINES FOR

DIRECT DISCHARGERS. 

### (a)EXTENSION

OFDEADLINE.-Section 301(k)is amended by striking out “July 1,1987,” and inserting in lieu thereof “two years after the date for compliance with such eMuent limitation which would otherwise beapplicable under suchsubsection,“.

### , 1987

ks influent, and dis-
$&on 301(h) is furf the following new mder this subsection waters, such marine ;hat water providing
s of previously dis3. 

### No permit issued argeofany pollutant ofapplication donot f shellfiih, fish and ters or which exhibit
er quality standards pplies, shellfmh, fish other standards necuses.The prohibition 11y without regard to nship between such * roposed discharge. Let tion, no permit Feofapollutant into
ocean waters of the nutes west longitude .atitude.“. >DIFICATION.-section semicolon at the end cly owned treatment contractual arrangemoutfall operated by :h has applied for or ay apply for a moditerthan 30daysafter ualit Act of 1987”. Tit L- e amendments e&ion shall not apply 301(h)of the Federal tentatively or finally 3

### ofthe enactment of rply toall renewals of

TORIIS MODIFICATION. section 3Ol(iXl) is and inserting in lieu

y subsection (a)shall
+subject to a complihe enactment of this fder. (CE DEADLINESFOR

is amended by strik2reof“two years after oitation which would PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 35

(b) ExTENsroN To C~WVEN~ONAL 

### PoLtvTANTs.-Section 3018 is 33 use 1311. 

### amended by inserting “or (bX2XE)” after “(bX2XA)” each place it appears. SEC. 306. FUNDAMENTALLY

DIFFERENT

FACTORS. (a)GENERAL

Rum.-Section 301is amendedby adding at the end the following newsubsections: “(n) FUNDAMENTALLYDIFFERENT 

### FACTORY.- “(1) GENERAL 

### Rum.-The Administrator, with the concur- St& and local 

### rence of the State, may establish an alternative requirement governments. under subsection (bX2)or section 307(b)for afacility that modi- 33USC 1317. 

### fies the requirements of national effluent limitation guidelines
or categorical pretreatment standards that would otherwise be applicable to such facility, if the o?er or operator of such fa&ity demonstrates to the satisfaction of the Administrator

- “(A) the facility is fundamentally different with respect to the factors (other than cost)specified in section 304(b)or 304(g)and considered by the Administrator in establishing 33 USC 1314. 

### 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 fundamental1 different for such facility; or “(ii) is based on in ormation and supporting data

r referred to in clause(i)and information and supporting data the applicant did not have a reasonable opportunity tosubmit during such rulemaking; “(0 the alternative requirement is no lessstringent than justified bythe fundamental difference; and “(D) the alternative requirement will not result in anonwater gd uality environmental impact which is markedly
more a verse than the impact considered by the Administrator in establishing such national effluent limitation guideline orcategorical pretreatment standard. “(2) TIME LIMIT FOR APPLICATIONS.-AI1 

### application for 

### an alternative requirement which modifies the requirements ofan effluent limitation or pretreatment standard under this subsection must be submitted to the Administrator within 180days after the date on which such limitation or standard is established or revised, asthe casemaybe. “(31 TIME LIMIT FOR 

### DEcIsxoN.-The Administrator shall ap prove or deny by final agency action an application submitted under this subsection within 180 days after the date such application isfiled with the Administrator. ‘(4) SUBMIEBION OF INFORMATION.-The 

### Administrator may allow an applicant under this subsection to submit information and supporting data until the earlier ofthe datethe application isapproved ordenied orthe last daythat the Administrator has toapproveor deny suchapplication. “(5) TREATMENT OF PENDING APPLICATIONS.-For 

### the purposes 

### ofthis subsection,an application for an alternative requirement basedon fundamentally different factors which is pending on

91-194 0 - 90 - 3 : QL.3 Part 1

### 101 STAT. 36

pu.sc 1311,

33 USC 1317.

33 USC 1326.

33 USC 1311.

Ante, p.35.
33 USC 1342 note. 

### PUBLIC LAW lOO-4-FEB. 4, 198’7

the date ofthe enactment ofthis subsection shall betreated as having been submitted to the Administrator on the 180th day following such date of enactment. The applicant may amend the application to take into account the provisions of this subsection. “(6) EFFECT 

### OFSUBMISSION OFAPPLICATION.-Anapplication for an alternative requirement under this subsection shall not stay the applicant’s obligation to comply with the effluent limitation guideline orcategorical pretreatment standard which isthe subjectofthe application. “(7) EFFECT

OFDENIAL.-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 orstandard asestablished or revised,asthe case maybe. “(81 REPORTS.-Every6 months after the date of the enactment of this subsection, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation ofthe Houseof Representatives a report on the status ofapplications for alternative requirements which modify the requirements of effluent limitations under section 301or 304ofthis Act or any national categorical pretreatment standard under section 307(b) of this Act filed before, on, or after such date of enactment. “(01APPLICATION

FEE&--The Administrator shall prescribe and collect from each applicant feesreflecting the reasonable administrative costsincurred in reviewing and processing applications for modifications submitted to the Administrator pursuant to subsections (cl, (g),(i), (k), (ml, and (n) ofsection 301,section 304(dX41, and section 316(a)of this Act. All amounts collected by the Administrator under this subsection shall bedeposited into aspecialfund of the Treasury entitled ‘Water Permits and Related Services’ which shall thereafter beavailable for appropriation to carry out activities of the Environmental Protection Agency for which such feeswere collected.“. (b)&NFORMINCAMENDMENT.-Section301(l)isamendedby striking out “The” and inserting in lieu thereof “Other than asprovided in subsection (n)ofthis section,the”. (clPHOSPHATE

FERTILIZER

EFFLUENT LIMITATION.- 

### (1)ISUANCEOFPERMIT.-As soonaspossibleafter the dateof the enactment ofthis Act, but not later than 180daysafter such date ofenactment, the Administrator shall issuepermits under section 402(aXlXB)of the Federal Water Pollution Control Act with respectto facilities- (A) which were under construction on or before April 8, 1974,and (B)for which the Administrator is proposing to revise the applicability of the effluent limitation established under section 301(b)of such Act for phosphate subcategory ofthe fertilizer manufacturing point source category to exclude suchfacilities. (2) LIMITATIONSON STATUTORY coNsTRucTIoN.-Nothing in this sectionshall beconstrued- (A) to require the Administrator to permit the discharge ofgypsum or gypsum waste into the navigable waters,

### , 1987

)nshall betreated as tor on the 180th day pplicant may amend
.e provisions of this

ION.-An application subsection shall not .y with the effluent ment standard which

m for an alternative nents of an effluent
er this subsection is nt must comply with )r revised, asthe case

Ie date of the enactr shall submit to the Works of the Senate l’,ransportation ofthe status ofapplications T the requirements of 04ofthis Act or any 1under section 307(b) I date of enactment. shall prescribe and reasonable adminisising applications for pursuant to subsecsection 304(dX4),and ‘ted by the Adminisinto aspecial fund of .atedServices’ which tocarry out activities vhich such feeswere

1 isamendedbystrik- ;herthan asprovided

ON.- dbleafter the date of
n 180daysafter such 1issuepermits under ‘ollution Control Act

on or before April 8,
:oposingto revise the
n established under tesubcategory ofthe category to exclude
VcnoN.-Nothing in
permit the discharge avigable waters, PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 37

(B) to affect the procedures and standards applicable to the Administrator in issuing permits under section 402(aXlXB)ofthe Federal Water Pollution Control Act, and 33USC 1342. 

### (C)to affect the authority of any State to deny or condition certification under section 401ofsuchAct with respect 33USC 1341. 

### gc;he issuanceof permits under section 402(aXlXB)ofsuch

SEC.307.COAL REMINING OPERATIONS. 

### Section301isamendedby adding at the endthereof the following: 33USC 1311. 

### “(p) MODIFIED

PERMIT FOR C!~AL REMINING

OPERATIONS.- Ante, p. 35. 

### “(1)1NGENERAL.-Subjectto paragraphs (2)through (4)ofthis State and local 

### subsection, the Administrator, or the State in any casewhich governments. the State hasan approved permit program under section 402(b), 33USC 1342. 

### may issue a permit under section 402 

### which modifies the requirements of subsection (b)(ZXA)of this section with respect to the pH level of any preexisting discharge, and with respect to preexisting discharges of iron and manganese from the remined area ofany coal remining operation or with respectto the pH level or level of iron or manganese in any preexisting discharge affected by the remining operation. Such modified requirements shall apply the bestavailable technology economltally achievable on a case-by-casebasis, using best professional judgment, to setspecific numerical effluent limitations in each permit. “(2) LIMITATIONS.-The Administrator or the State may only State and local 

### issuea permit pursuant to paragraph (1)if the applicant dem- governments. onstrates to the satisfaction of the Administrator or the State,
asthe casemay be,that the coal remining operation will result in the potential for improved water quality from the remining operation but in noevent shall suchapermit allow the pH level ofany 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 exceedState water quality standards established under section 303ofthis Act. 33 USC 1313. 

### “(3) DEFINITIONS.-For purposesofthis subsection- “(A) &AL REMINING OPERATION.-The term ‘coal 

### remining operation’ means a coal mining operation which begins after the date ofthe enactment ofthis subsection at
a site on which coal mining was conducted before the effective date of the Surface Mining Control and Reclamation Act of 1977. 30 USC 1201 

### “(B) REMINEDAREA-The term ‘remined area’ means note. only that areaofany coal remining operation onwhich coal mining was conducted before the effective date ofthe SurfaceMining Control and Reclamation Act of 1977. “(C) PRE-EXISTING

DISCHARGE.-The

term ‘preexisting discharge’ meansany discharge at the time ofpermit application under this subsection. “(4) APPLICABILITY OF STRIP MINING 

### uws.-Nothing in this subsection shall affect the application of the Surface Mining Control and Reclamation 

### Act of 

### 1977 to any coal remining operation, including the application of such 

### Act to suspended 

### solids.“.

### 101 STAT. 38 PUBLIC LAW lOO-4-FEB. 4,198’7

33 USC 1316, 1317.

33 USC 1342.

State and local governments SEC. 308. INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.

33 USC 1314. 

### (a) IN GENERAL.-&?ction 304 is amended by adding at the end

thereof the following newsubsection:

Agriculture and agricultural commodities. Fish and f=hing. Wildlife. 33 USC 1311.
33 USC 1313. 

### “(1) INDIVIDUALCONTROL STRATECIIB

FORTOXICPOLLUTANTS.- “(1) STATE LINT 0~ NAVIGABLE 

### WATERS ANDDEVELOPMENT

0~ STRATEGIES.-Not

later than 2years after the date ofthe enactment ofthis subsection, eachState 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 301(bX2)

ofthis Act cannot reasonably beanticipated to attain or maintain (i) water quality standards for such waters reviewed, revised, or adopted in accordance with section 303kX2XB)ofthis Act, dueto 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 shellfuh, fish and wildlife, and allow recreational activities in and onthe water; “(B) a list ofall navigable waters in such State for which the State does not expect the applicable standard under section 303of this Act will be achieved after the requirements of sections 301(b), 306, and 307(b) are met, due entirely or substantially to dischargesfrom point sourcesof any toxic pollutants listed pursuant tosection 307(a); “(C)for eachsegmentofthe navigable waters included on such lists, a determination of the specific point sources discharging any suchtoxic pollutant which isbelieved to be preventing or impairing suchwater quality and the amount ofeachsuchtoxic pollutant discharged byeachsuchsource; and “(D) for eachsuchsegment,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 402of this Act and water quality standards under section 303(cX2XB)of this Act, which reduction is sufficient, in combination with existing controls on point and nonpoint sourcesofpollution, to achieve the applicable water quality standard assoonas possible, but not later than 3 years after the date of the establishment ofsuchstrategy. “(2)APPROVAL

ORDIsAPPaovAL.-Not later than 120daysafter the last dayofthe 2-yearperiod referred to in paragraph (11, the Administrator shall approve or disapprove the control strategiessubmitted under paragraph (1)byany State. 

### “(3) ADMINISTRATOR’S

ACTION.-If a State 

### fails to submit control strategies in accordancewith paragraph (1)orthe Administrator doesnot approve the control strategies submitted bysuch State 

### in accordancewith paragraph (11,then, not later than 1 year after the last dayofthe period referred to in paragraph (21, the Administrator, in cooperation with such State and after notice and opportunity for public comment, shall implement the requirements ofparagraph (1)in such State. In the implementation of such requirements, the Administrator shall, at a mini-

### , 1987

t TOXIC POLLUTANTS.


### ,y adding at the end

roxrc POLLUTANTS.- kND DEVELOPMENT OF 

### ;hedate ofthe enact- .bmit tothe Adminislent&ion under this

he State which after 1required under secablybeanticipated to standards for such in accordance with oxicpollutants, or (ii) !protection of public ltural and industrial ration of a balanced zllife, and allow rec-

.. ,’ 

### such State for which able standard under ed after the require307(b) are met, due from point sourcesof section 307(a); lewaters included on pecific point sources hich isbelieved to be ality andthe amount ibyeachsuchsource;

idual control strategy
.cea reduction in the .nt sources identified trough the establishction 402of this Act &ion 303(c)(2)@)of in combination with t

### sourcesofpollution,
rstandard assoonas tir the date of the

!rthan 120daysafter in paragraph (l), the
.ethe control stratestate. 3fails to submit conjh (1)orthe Adminis- ;easubmitted bysuch len, not later than 1 dto in paragraph (2), uch State and after shall implement the ‘3. In the implementa- &or shall, at a miniPVBLIC LAW 100-4-FEB. 4,198’7 101STAT. 39

mum, consider for listing under this subsection any navigable waters for which any person submits a 

### petition to the Administrator for listing not later than 120daysafter such last day.“. (~)JUDICIALREVIEW.-S~C~~~~ 

### 509(l$o()isamended- 33 USC 1369. 

### (1) by striking out “and (F)” and inserting in lieu thereof “(F)“; and (2) by inserting after “any permit under section 402,” the 33 USC 1342. 

### following: “and (G) in promulgating any individual control strategy under section 304(l),“. Ante, p.38. (c) GUIDANCE TO STATES; INFORMATION ON WATER QUALITY CRITERIA FOR

### ToxIcs.-Section 304(a)is amended by adding at the end 33 USC 1314. 

### the following newparagraphs: “(7) GUIDANCE TO STATE&-The 

### Administrator, after consukation with appropriate State agenciesand onthe basisofcriteria and information published under paragraphs (1)and (2)of this subsection,shall developand publish, within 9months after the date of the enactment of the Water Quality Act of 1987,guidanceto the Stateson performing the identification required by section 304(1X1)

ofthis Act. “(8) INFORMATIONONWATERQUALITYCRITERIA.--The 

### Administrator, after consultation with appropriate State agenciesand within 2 years after the date of the enactment of the Water Quality Act of 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.“. - 

### (d) WATER QUALITY CRITERIA FOR TOXIC 

### POLLUTANTS.-Section 303(c)(2)isamendedby inserting “(A)” after “(2)” and by adding the 33USC 1313. 

### following newsubparagraph: - “(B) Whenever a State reviews water quality standards pursuant state and local 

### to paragraph (1)of this subsection, or revises or adopts new stand- governments. ards pursuant to this paragraph, such State shall adopt criteria for all toxic pollutants listed pursuant. to section 307(a)(l)ofthis Act for 33USC 1317. 

### which criteria have been published under section 304(a),the dis- 33USC 1314. 

### charge or presenceofwhich in the affectedwaters could reasonably be expected to interfere with those designated usesadopted by the State, as necessary to support such designated uses.Such criteria shall bespecific numerical criteria for such toxic pollutants. Where such numerical criteria are not available, whenever aState reviews water quality standards pursuant to paragraph (l), or revises or adopts new standards pursuant to this paragraph, such State shall adopt criteria basedonbiological monitoring or assessmentmethods consistent with information published pursuant to section 304(a)(8). Nothing in this section shall beconstrued to limit ordelaythe useof effluent limitations or other permit conditions basedonor involving biologiCa monitoring or assessmentmethods or previously adopted numerical criteria.“. (e) MODIFICATIONSOFEFFLUENTLIMITATIONS.- (1) IN GENERAL.-&&ion 

### 302(b)is amended to read as follows: 33USC 1312. “(~)MODI~CA~ONSOFEF~UENTLIM~~ATIONS.- 

### “(1) NOTICE AND 

### HEARING.-Prior to establishment of any effluent. limitation pursuant tosubsection (a)ofthis section, the Administrator shall publish such proposed limitation and within 90daysofsuchpublication hold apublic hearing. “(2) PERMITS.-

### 101STAT. 40

33 USC 1316. 

### PUBLIC LAW lOO-4-FEB. 4, 1987

“(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)ofthis 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 betweenthe economicandsocial costsandthe benefits tobe obtained (including attainment ofthe objective of this Act) from achieving such limitation.

33 USC 1311.

33 USC 1312. Ante, p.38.

Federal 

### Regste’! publication. 

### “(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 exceed5years if the applicant demonstrates tothe satisfaction ofthe Administrator that such modified requirements (i)will represent the maximum degreeofcontrol 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 30%X2) toward the requirements ofsubsection (a)ofthis section.“. (2) CONFORMING

AMENDMENTS.-Section302(a)is amended- (A) by inserting “or as identified under section 304(l)” after “in thejudgment ofthe Administrator”; and (B) by inserting “public health,” after “protection of’. (fl SCHEDULE

FOR REVIEW OFGuIDELINEs.-Section 304isamended byadding at the endthe following newsubsection: “(m) SCHEDULE

FOR REVIEW OFGUIDELINES.- “(1) PUBLICATION.-Within 12 months after the date of the enactment of the Water Quality Act of 1987,and biennially thereafter, the Administrator shall publish in the Federal Register aplan which shall- “(A) establish aschedule for the annual review and revision ofpromulgated effluent guidelines, in accordancewith subsection (b)ofthis section; “(B) identify categories of sources discharging toxic or nonconventional pollutants for which guidelines under subsection (bX2)of this section and section 306 have not previously beenpublished; and

33 USC 1375 note. 

### “(Cl 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 such date of enactment for categoriesidentified in the first published plan or 3years after the publication ofthe 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.“. (g)WATER

QUALITY IMPROVEMENT

STUDY.- 

### (1)STunY.-The Administrator shall study the water quality improvements which have beenachieved by application of best available technology economically achievable pursuant to section 3OUbX2)

of the Federal Water Pollution Control Act. Such study shall include, but not be limited to, an analysis of the effectiveness of the application of best available technology economically achievable pursuant to such section in attaining

### 1987 PUBLIC LAW 100-4-FEB. 4,1987

-TheAdministrator, nay issue a permit required by subsecerthan toxic pollutI such hearing that alternative control sonable relationship ndthe benefits to be objectiveofthis Act)
ninistrator, with the permit which modiby subsection (a) of single period not to ratesto the satisfacdified requirements >fcontrol within the nd operator of the 3lefurther progress IOl(bX2) toward the ction.“. 302(a)is amendednder section 304(l)” .ator”; and ‘ter “protection of ‘. :tion 304isamended In:

fter the date of the 987, and biennially in the Federal Regual review and revi-

,in accordancewith
&charging toxic or h guidelines under &ion 306 have not
ulgation of effluent Lsubparagraph (B), idelines shall be no enactment for catplan or 3years after 3 identified in later

r shall provide for lan prior to final

!ythe water quality yapplication of best )le pursuant to secn Control Act. Such
an analysis of the ‘vailable technology section in attaining applicable water quality standards (including the standard specified in section 302(a)of such Act) and an analysis of the effectiveness of the water quality program under such Act and methods of improving such program, including site specific levels oftreatment which will achieve the water quality goalsof suchAct. Ante, p. 40.



### (2) REPORT.-Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report
on the results of the study conducted under subsection (a) together with recommendations for improving the water quality program and its effectivenesstothe Committee onPublic Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate.
SEC. 309. PRETREATMENT

STANDARDS. (a) EXTENSION

OFCGMPLIANCE

DATEBYPOTW.-Section 307 is amendedbyadding atthe endthe following: ‘Ye)CGMPLIANCE

DATEEXTENSION

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 301(k) of this Act, the owner or operator of the publicly ownedtreatment works receiving the treated effluent from suchfacility may extend the datefor compliance with the applicable pretreatment standard established under this section for a period not to exceed2years33 USC 1317

Ante, p. 34.



### “(1) if the Administrator determines that the innovative systemhasthe potential for industrywide application, and “(2) if the Administrator (orthe State in consultation with the Administrator, in any case in which the State has a pretreatment program approved bythe Administratorl- “(A) determines that the proposed extension will not
causethe publicly ownedtreatment works tobein violation of its permit under section 402 or of section 405 or to contribute tosuchaviolation, and State and local governments.

33

### USC 1342, 1345. 

### “(Bl concurswith the proposedextension.“. (b) INCREASE

IN EPA EMPLOYEES.-TheAdministrator 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 30’7of the Federal Water Pollution Control Act. 33 USC 1317

n0te.

SEC. 310. INSPECTION AND ENTRY. 

### (al UNAUTHORIZED

ISCLOSURE.- (1)IN GENERAL.-%&ion 308(b)isamendedby striking out all that follows “Code” and inserting in lieu thereof a period and the following: “Any authorized representative of the Administrator (including an authorized contractor acting asarepresentative of the Administrator) who knowingly or willfully pub lishes, divulges, discloses,or makes known in any manner or to any extent not authorized by law an information which is required to be considered contidentia f under this subsection shall be fined not more than $1,000or imprisoned not more than 1year.,or both. Nothing in this. subsection shall prohibit the Administrator or an authorized representative of the Administrator (including any authorized contractor acting asa representative of the Administrator) from disclosing records, Classified information.

RecOl-dS. 33 USC 1318. 

### 101STAT. 41

### 101 STAT. 42 PUBLIC LAW lOO-4-FEB. 4, 1987

33 USC 1318. 

### reports, or information to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act.“. (2) CoNFORMING

AMENDMENT.-Section308(a)(B)is amended by inserting “(including an authorized contractor acting as a representative of the Administrator)” after “or his authorized representative”. (blAccessBYtiNcREss.-Section 308isamendedbyadding at the endthe following newsubsection: “(dl ACCESS

BYcoNCREss.-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 Act shall be made available, upon written request ofany duly authorized committee of Congress,tosuchcommittee.“. SEC. 311.

### MARINE

SANITATION

DEVICES.

33

### USC 1322. (al STATE

REGULATION

OFHOUSEBOATS.-Section 312(fxl) isamendedby striking out “After” and inserting in lieu thereof “(A) Except
as provided in subparagraph (B),after” and by adding at the end thereof the following: “(Bl 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’ meansavesselwhich, for aperiod oftime determined by the State in which the vessel is located, is used primarily as a residence and is not usedprimarily asa meansoftransportation.“. (b)STATE

ENFORCEMENT.-Section 312(k)isamendedby adding at the end the following: “The provisions of this section may also be enforced byaState.“.
SEC. 312.

### CRIMINAL

PENALTIES.

33 USC 1319. 

### Section 309(c)isamendedto readasfollows:

“(cl CRIMINALPENALTIES.-

State and local ~~~er~ment..s.

1311,1312, 1316-1318,1328, 1345. 33 USC 1342.

33 USC 1344.

Hazardous materials. State and local governments. 

### “(1) NEGLIGENT vIoI..AnoNs.-Any personwho- “(A) negligently violates section 301,302,306,30’7,308, 318,or405ofthis Act, or any permit condition or limitation implementing any ofsuchsections in apermit issuedunder section 402of this Act by the Administrator or by a State,
or any requirement imposed in a pretreatment program approved under section 402(aX3) or402&X8)ofthis Act or in
a permit issued under section 404of this Act by the Secretary ofthe Army or byaState;or “(Bl negligently introduces into asewersystemor into a publicly ownedtreatment 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
causessuch treatment works to violate any effluent limitation or condition in any permit issued to the treatment works under section 402ofthis Act bythe Administrator or aState;

### 1987

employees, or auttes concerned with ly proceeding under
38(a)(B)is amended tractor acting as a “or his authorized

ledbyadding at the

any limitation conaw,all information ninistrator (or any Act shall be made or&d committee of

1312(0(l) isamendthereof “(A) Except adding at the end

or regulation with tion or use of any i statute or regulaegulations promulrragraph, the term ime determined by :ed primarily as a )ftransportation.“. mded by adding at &ion may also be

!07306 307 308 lit& oriimi$tion n-mit issuedunder Itor or by a State, .eatment program 8)ofthis Act or in
s Act by the Secr system or into a !tant or hazardous *easonablyshould ury or property ith all applicable
r permits, which iy effluent limitato the treatment Administrator or PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 43

shall bepunished by afine ofnot lessthan $2,500nor morethan $25,000per 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 bebyafine ofnot more than $50,000per day of violation, or by imprisonment of not
morethan 2years,or by both. “(2) 

### KNOWING

VIOLATIONS.-Anypersonwho- “(A) knowingly violates section 301, 302, 306, 307, 308, state and local 

### 318,or405ofthis Act, or any permit condition or limitation implementing any ofsuch sections in apermit issuedunder ~~~~“3;~~

section 402of this Act by the Administrator or by a State, 1312, 1316, 1817 1313,1328,1345:


### or any requirement imposed in a pretreatment program 33 USC 1342. 

### approved under section 402(a)(3)or402(b)(8)ofthis Act or in
a permit issued under section 404of this Act by the Set- 33USC 1344. 

### retary ofthe Army or by aState;or “(B) knowingly introduces into a sewer system or into a publicly ownedtreatment works any pollutant or hazardous ;x;!,o,o;

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
causessuchtreatment works to violate any effluent limitation or condition in apermit issuedto the treatment works under section 402 of this Act by the Administrator or a State; shall bepunished byafine ofnot lessthan $5,000nor morethan $50,000per 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 bebyafine ofnot more than $100,000per day of violation, or by imprisonment of not
morethan 6years,or by both. “(31KNOWING ENDANGERMENT.- 

### “(A) GENERAL 

### RULE.-Any personwho knowingly violates State and local 

### section 301,302,303,306,307,308,318:or 405ofthis Act, or govemmen~. any permit condition or limitation implementing any of such sections in a permit issued under section 402of this Act by the Administrator or by a State, or in a permit issued under section 404ofthis Act by the Secretary ofthe Army or by a State, and who knows at that time that he thereby placesanother person in imminent danger ofdeath
or serious bodily injury, shall, upon conviction, besubjectto
a tine of not more than $250,000or imprisonment of not
more than 15years, or both. A personwhich isan organization shall, upon conviction of violating this subparagraph, be subject to a fine of not more than $l,OOO,OOO. 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 (Al ofthis paragraph- “(i) in determining whether a defendant who is an individual knew that his conduct placedanother person in imminent danger ofdeath or serious bodily injury-

### 101 STAT. 44 PUBLIC LAW lOO-4-FEB. 4, 198’7

“(I) the person is responsible only for actual
awareness or actual belief that he possessed; and “(II) knowledge possessedby a person other than the defendant but not by the defendant himseif may not beattributed 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- “(1) an occupation, a business, or a profession; or “(11) 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) FAISE 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 Act or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 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 ;fo;olation, or by imprisonment of not more than 4years, or by

33USC1362. “(5) TREATMENTOFSINGLEOPERATION.~L UPsET.-For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall betreated asasingle violation. “(6) RESPONSIBLE

CORPORATE

OFFICERAS ‘PERSON’.-For the purpose of this subsection, the term ‘person’ means, in addition to the definition contained in section 502(5) of this Act, any responsible corporate officer. “(7) HAZARDOUSSUBSTANCE DEFINED.-For the purpose Ofthis subsection, the term ‘hazardous substance’ means (Al any sub-1987

ible only for actual at he possessed; and
.a8” rson other than

e efendant himseif efendant; idant’s possession of 1 evidence may be the defendant took iself from relevant

: to prosecution that ed to by the person and conduct charged 3sofjs, or a profession; or medical or scientific by professionally apler person had been lived prior to giving

ablished under this of the evidence; leans a legal entity, ;hed or organized for ludes a corporation, .nership, joint stock trust, society, union, ;and njury’ means bodily ntial risk of death, al pain, protracted ratted loss or impair- ’ member, organ, or

ho knowingly makes m, or certification in
rer document filed or :t or who knowingly rate any monitoring .ned under this Act,

ne of not more than than 2 years, or by violation committed rder this paragraph, than $20,000 per day
-ethan 4years, or by
grssr.-For purposes upset which leads to pollutant parameter

s ‘PERSON’.-For the n’ means, in addition Z(5) of this Act, any
)r the purpose of this ’ means (A) any sub PUBLIC LAW lOO-4-FEB. 4, 1987

stance designated pursuant to section 311(b)(2)(A) of this Act, (B) any element, compound, mixture, solution, or substance designated pursuant to section 102of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, (C) any hazardous waste having the characteristics identified under
or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including an the Solid Waste Disposai waste the regulation of which under Act has been suspended by Act of Congress), (D) any toxic pollutant listed under section 307(a) of this Act, and (E! any imminently hazardous chemical substance
or mixture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act.“.

SEC. 313.CIVIL PENALTIES. (a)VIOLATIONS OFPRETREATMENT REQUIREMENTS.- (1) GENERAL auras.-Section 309(d) is amended by inserting “, or any requirement imposed in a pretreatment program ap proved under section 402(a)(3) or 402(b)(8) of this Act,” after “section 404of this Act by a State,“. (2) SAVINGS PROVISION.-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 as a result of the amendment made by paragraph (1). (b) INCREASED PENALTY.- (1) GENERAL RULE.-SeCtiOn 309(d) is amended by striking out “$10,000 per day of such violation” and inserting in lieu thereof “$25,000 per day for each violation”. (2) INCREASED PENALTIES NOT REQUIRED UNDER STATE PROGRAMS.-The Federal Water Pollution Control Act shall not be construed as requiring a State to have a civil penalty for violations described in section 309(d) of such Act which has the
same monetary amount asthe civil penalty established by such section, as amended b paragraph (1). Nothing in this paragraph shall affect the x dministrator’s authority to establish or adjust by regulation a minimum acceptable State civil penalty. (c) FACTORY To CONSIDER IN DETERMINING PENALTY AMOUNT.- Section 309(d) is amended by adding at the end thereof the following: “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 asjustice 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 asingle violation.“. (d) VIOLATIONS OF SECTION 404 PERhsrrs.-Section 404(s) is amended- (1)by striking out paragraph (4); (2)by redesignating paragraph (5)asparagraph (4);and (3)in paragraph (4),assoredesignated- (A) by striking out “$10,000 per day of such violation” and inserting in lieu thereof ‘$25,000 per day for each violation”; - (B) by adding at the end thereof the following: “In determining the amount of a civil penalty the court shall con101 STAT. 45

33 USC 1321.

42 USC 9602.

42 USC 6921.

33 USC 1317.

15USC 2606.

33 USC 1319.

33 USC 1342. 33 USC 1344. State and local governments. 33 USC 1319 note.

33 USC 1319 note. 33 USC 1251 note.

courts, U.S.

33 USC 1344.

courts, U.S.

### 101 STAT. 46 PUBLIC LAW lOO-4-FEB. 4, 198’7

33 USC 1319.

33 USC 1311, 1312, 1316, 1317, 1318, 1328, 1345.

33USC1342.
33 USC 1344. sider 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.“.

SEC. 311.ADMINISTRATIVE PENALTIES. (al GENERALRULE.-Section 309 is amended by adding at the end thereof the following: “(g) ADMINISTRATIVE PENALTIES.- “(1) VIOLATIONS.-Whenever on the basis of any information available- “(A) the Administrator finds that any person has violated section 301, 302, 306, 307, 308, 318, or 405 of this Act, or has violated any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act by the Administrator or by a State, or in a permit issued under section 404 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 404 of this Act 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

OFPENALTIES.- “(Al CLASSL-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, United States Code, but shall provide a reasonable opportunity to be heard and to present evidence. “(B) CLASSn-The amount of a class II civil penalty under paragraph (11 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, United States Code. The Administrator and the Secretary may issue rules for discovery procedures for hearings under this subparagraph.

### j87

: violations, the ?eviolation, any #forts to comply nomic impact of ,ther matters as

dding at the end

any information

rson has violated f this Act, or has )n implementing ler section 402 of e, or in a permit

einafter in this I,finds that any )r limitation in a 6s Act by the

ay be, may, after

on occurs, assess laity under this

fil penalty under violation, except i I civil penalty 1$25,000. Before alty under this jecretary, as the be assessed such r’s or Secretary’s unity to request, eceived by such lch hearing shall 5, United States portunity to be

II civil penalty 000 per day for mes; except that 11penalty under i,OOO.Except as is II civil penalty

ne manner, and
:ase of civil penand opportunity with section 554 istrator and the cedures for hearPUBLIC LAW lOO-4-FEB. 4, 1987 101 STAT. 47

“(3) DETERMINING AMOUNT.-In determining the amount of any penalty assessed under this subsection, the Administrator

or the Secretary, asthe 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 asjustice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall betreated asasingle violation. “(4) RIGHTSOFINTERESTED PERSONS.- “(A) PUBLIC NOTICE.-Before issuing an order assessing a civil penalty under this subsection the Administrator or Secretary, asthe case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order. “(B) PRESENTATIONOFEVIDENCE.-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. “(0 RIGHTS0~ INTERESTED PERSONS ~0 A nEAEiN0.-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, asthe 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 (2XA) in the case of a class I civil penalty and paragraph (2XB) in the case of a class II civil penalty. If the Administrator or Secretary denies a hearing Federal under this subparagraph, the Administrator or Secretary hs@?r! shall provide to the petitioner, and publish in the Federal p”bl’catlon. Register, notice of and the reasons for such denial. “(5) FINALITY OFORDER.-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 (4XC). If such a hearing is denied, such order shall become final 30 days after such denial. “(6) EFFECTOFORDER.- “(A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS.- Action taken by the Administrator or the Secretary, asthe

case may be, under this subsection shall not affect or limit the Administrator’s or Secretary’s authority to enforce any provision of this Act; 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,101 

### STAT. 48 PUBLIC LAW lOO-4-FEB. 4, 1987

State and local governments.

;;63USC 1321,

Records. “(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, asthe case may be, shall not be the subject of a civil penalty action under subsection (d) of this section or section 311(b) or section 505 of this Act. “(B) APPLICABILITY OF LIMITATION WITH RESPECTTO CITIZENsurrs-The limitations contained in subparagraph (Al

on civil penalty actions under section 505 of this Act shall not apply with respect to any violation for which- “(i) a civil action under section 505(a)(l) of this Act has been filed prior to commencement of an action under this subsection, or

33 USC 1342, 1344. “(ii) notice of an alleged violation of section 505(a)(l) of this Act has been given in accordance with section 505(b)(l)(A) prior to commencement of an action under this subsection and an action under section 505(aXl) 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 Act or with the terms and conditions of any permit issued pursuant to section 402or 404of this Act. “(81JUDICIAL 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 (41may obtain review of such assessment- “(A) in the caseof assessment of a class I civil penalt the United States District Court for the District of Co umi in

bia or in the district in which the violation is alleged to have occurred, or “(B) in the caseof 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 30day 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 acertified 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 Admimstrators 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) CoLLEcrroN.-If any person fails to pay an assessment of

a civil penalty-198’7

te has commenced tion under a State

r, the Secretary, or It subject to further las paid a penalty

. such comparable

laity action under 11(b)or section 505

FH RESPECTTo CITI1subparagraph (A) 05 of this Act shall jr which- ,05(aKl) of this Act ment of an action

of section 505(a)(l) dance with section bf an action under
er section 505(a)(l)

n is filed before the uch notice is given. -No action by the
s subsection shall any section of this any permit issued

:whom a civil pencommented on the x-dance with parant23 I civil penalty, in District of Columation is alleged to

;II civil penalty, in Mrict of Columbia suchperson resides

within the 30day Ity order is issued notice by certified tsthe case may be, )r or the Secretary py ofthe record on 11not set aside or antial evidence in the finding of a Secretary’s assessiscretion and shall he same violation assessment of the

Y

### an assessment of PUBLIC LAW lOO-4-FEB. 4, 1987 101 STAT. 49

“(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, asthe case may be, the Administrator or the Secretary shall request the Attorney General to bring acivil 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 persons 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) PROTECTIONOF EXISTING PROCEDURES.-Nothing in this subsection shall change the procedures existing on the day before the date of the enactment of the Water Quality Act of 1987 under other subsections of this section for issuance and enforcement of orders by the Administrator.“. (b) REPORTSONENFORCEMENTMECHANISMS. -The Secretary of the 33 USC 1375 Army and the Administrator shall each prepare and submit a report *ok. to the Congress, not later than December 1, 1988, which shall examine and analyze various enforcement mechanisms for use by the Secretary or Administrator, as the case may be, including an administrative civil penalty mechanism. Each of such reports shall also include an examination, prepared in consultation with the Comptroller General! of the efficacy of the Secretary’s or the Administrator’s existing enforcement authorities and shall include recommendations for improvements in their operation. (c) CONFORMING AMENDMENT.-SeCtiOn 505(a) is amended by 33 USC1365. inserting “and section 309(g)(6)” after “Except as provided in subset- 33USC 1319. tion (b)of this section”.

SEC. 315. CLEAN LAKES. (a) ESTABLISHMENT AND SCOPE OF PROGRAM.-Section 314(a) is 33USC1324. amended to read asfollows:101 STAT. 50 PUBLIC LAW lOO-4-FEB. 4,1987

“(a) ESTABLISHMENT ANDSCOPE OFPROGRAM.- “(1) STATEPROGRAM

REQUIREMENTS.-Each State on abiennial 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; “(Cl 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 asa 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.

33 USC 1315.

State and local governments. L;rants. “(2) SUBMISSIONAS PARTOF 3o5(bXl) REPORT.-The information required under paragraph (1) shall be included in the report required under section 305i.bXl) of this Act, beginning with the report required under such section by April 1, 1988. “(3) REPORT

OFADMINISTRATOR.

-Not later than 180days after receipt from the States of the biennial information required under paragraph (11, 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 (l)(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.“.

33 USC1324. (b) DEMONSTRATIONPRocRAM.-Section 314 is amended by adding

at the end thereof the following new subsections: “(d) DEMONSTRATIONPROGRAM.- “(1) GENERAL REQUIREMENTS.-The Administrator is authorized and directed to establish and conduct at locations throughout the Nation a lake water quality demonstration

m. 1 **r

. . program. ‘Ine program snan, at a muumum-1987

State on a biennial ninistrator for his

ltion according to ned lakes in such

zsses,and methods control sources of

edures, in conjunc- ;o restore the qualigate the harmful vative methods of jacity of lakes and metals and other r’; icly owned lakes in

e impaired, includto meet applicable

re implementation

ncewith applicable ter quality has demay reasonably be

d trends of water but not limited to, ng from point and Ithe use of lakes is particularly with

)aT.-The informae included in the his Act, beginning 1by April 1, 1988. than 180days after brmation required hall submit to the ion of the House of onment and Public of water quality in ,ffectiveness of the ph (ND). after April 1, 1988,

on required under .istance under this

imended by adding

ninistrator is aunduct at locations lity demonstration PUBLIC LAW lOO-4-FEB. 4, 1987 101 STAT. 51

“(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; “(0 evaluate the feasibility of implementing regional consolidated pollution control strategies; “(D) demonstrate environmentally preferred techniques for the removal and disposal of contaminated lake sediments; “(El 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 benef?ts of utilizing Erged material from lakes m the reclamation of despolled
“(2) GEOGRAPI&AI. REQUIREMENTS.-Demonstration projects authorized by this subsection shall be undertaken to reflect a variety of geographical and environmental conditions. As a Texas. priority, the Administrator shall undertake demonstration Arkan=. projects at Lake Houston, Texas; Beaver Lake, Arkansas; E;l$Tatd, Greenwood Lake and Belcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon Lake, New Jersey; Gorton’s Pond, Rhode %Ez&t&. Island; Lake Washington, Rhode Island; Lake Bomoseen, Vermont; Sauk Lake, Minnesota; and Lake Worth, Texas. “(3) REPORTS.-The Administrator shall report annually to the Committee on Public Works and Transportation 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 OFAPPROPRIATIONS.- “(A) IN GENERAL.-There is authorized to he appropriated to carry out this subsection not to exceed $40,000,000 for fiscal ears beginning after September 30, 1986, to remain availa rlle until expended. “(B) SPECIAL AUTHORIZATIONS.- “(i) AMouNT.-There is authorized to be appropriated to carry out subsection 01)with respect to subsection (a)(l)(D) not to exceed $15,000,000 for fiscal years beginning after September 30, 1986, to remain available until expended. “(ii) DISTRIBUTION OF FUNDS.-The Administrator State and local shall provide for an equitable distribution of sums governments. 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.

### 101 STAT.

State and local governments.

33 USC 1314.

State and local governments.

33 USC 1324.

I 33 USC 1329.

i 

### 52 PUBLIC LAW lOO-4-FEB. 4, 1987

“(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.“. (cl LAKE RESTORATIONGUIDANCE MANUAL.-Section 304(j) is amended to read asfollows: ‘Yj) LAKE RESTORATIONGUIDANCE MANUAL.-The Administrator shall, within 1 year after the date of the enactment of the Water Quality Act of 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.“. (d)CONFORMINGAMENDMENTS.-Section 314 is further amended- (1) in subsection (b) by striking out “this section” the first place it appears and inserting in lieu thereof “subsection (a) of this section”; (2) in subsection (c)(l) by striking out “this section” the first place it appears and inserting in lieu thereof “subsection (b) of this section” and by striking out “this section” the second place it appears and inserting in lieu thereof “subsection (a) of this section”; and (3) in subsection (c)(2) by striking out “this section” the first place it appears and inserting in lieu thereof “subsection (b) of this section” and by striking out “this section” the second place it appears and inserting in lieu thereof “subsection (a) of this section”.

SEC. 316. MANAGEMENT OF NONPOINT SOURCES OF POLLUTION. (a) IN GENERAL.-Title III is amended by adding at the end the following new section:

“SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS. “(a) STATEASSESSMENT REPORTS.- “(1) CONTENTS.-The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which- “(A) identifies those navigable waters within the State which, without additional action to control nonpoint
sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this Act; “(B) identifies those c;Efry and subcategories of nonpoint sources or, appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under subparagraph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and requirements; “(C) describes the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control each category and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent practicable, the level of pollution resulting from such category, subcategory, or source; and

### 7

sISTANCE.-The

r this subparain lieu of, any

ction 304(i) is

Administrator .t of the Water jh and dissemimethods, procerts to improve, publicly owned

her amended- :tion” the first ubsection (a) of

ction” the first ubsection (b) of he second place :tion (a) of this

ction” the first ubsection (b) of hesecond place tion (a) of this

JTION.
at the end the

te shall, after

are and submit !- thin the State rtrol nonpoint
e expected to y standards or
bcategories of te, particular lution to each mder subparach portion not uch goals and

rgovernmental lentifying best ltrol each cat- ?s and, where entified under :ximum extent from such cat

### PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 53

“(D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navigable waters, including but not limited to those programs which

are receiving Federal assistance under subsections (h) and (9. “(2) INFORMATION USEDIN PREPARATION.-In developing the report required by this section, the State (A) may rely upon information developed pursuant to sections 208, 303(e), 304(f), 305(b), and 314, and other information as appropriate, and (B) 33 USC 1288, may utilize appropriate elements of the waste treatment 1313, 1314, 1315, management plans developed pursuant to sections 208(b) and 1324. 303, to the extent such elements are consistent with and fulfill the requirements of this section. “(b) STATEMANAGEMENT PROGRAMS.- “(1) IN GENERAL.-The Governor of each State, for that State

or in combination with adjacent States, shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval a management program which such State proposes to implement in the first four fiscal years beginning after the date of submission of such management program for controlling pollution added from nonpoint sources to the navigable waters within the State and improving the quality of such waters. “(2) SPECIFIC CONTENTS.-Each management program proposed for implementation under this subsection shall include each of the following: “(A) An identification of the best management practices and measures which will be undertaken to reduce pollutant loadings resulting from each category, subcategory, or particular nonpoint source designated under paragraph (l)(B), taking into account the impact of the practice on ground water quality. “(B) An identification of programs (including, as appropriate, nonregulatory or regulatory programs for enforcement technical assistance, financial assistance, education, training, technology transfer, and demonstration projects) to achieve implementation of the best management practices by the categories, subcategories, and particular nonpoint sources designated under subparagraph (A). “(C) A schedule containing annual milestones for (i) utilization of the program implementation methods identified in subparagraph (B), and (ii) implementation of the best management practices identified in subparagraph 

### (A) by the categories, subcategories, or particular nonpoint sources designated under paragraph (l)(B). Such schedule shall provide for utilization of the best management practices at the earliest practicable date. “(D) A certification of the attorney general of the State or States (or the chief attorney of any State water pollution control agency which has independent legal counsel) that the laws of the State or States, as the case may be, provide adequate authority to implement such management program or, if there is not such adequate authority, a list of such additional authorities as will be necessary to implement such management program. A schedule and

### 101 STAT. 54

3 CFR, 1982 Camp., p. 197.

Reports. State and local governments.

33 USC 1288.

33 USC 1285. 

### PUBLIC LAW lOO-4-FEB. 4,1987

commitment by the State or States to seek such additional authorities asexpeditiously aspracticable. “(E) Sources of Federal and other assistance and funding (other than assistance provided under subsections (h) and (i)) which will be available in each of such fiscal years for supporting implementation of such practices and measures and the purposes for which such assistance will be used in each of such fiscal years. “(F) An identification of Federal financial assistance programs and Federal development projects for which the State will review individual assistance applications or development projects for their effect on water quality pursuant to the procedures set forth in Executive Order 12372 as in effect on September 1’7, 1983, to determine whether such assistance applications or development projects would be consistent with the program prepared under this subsection; for the purposes of this subparagraph, identification shall not be limited to the assistance programs or development projects subject to Executive Order 12372 but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the State’s nonpoint source pollution management program. “(3) UTILIZATION OFLOCALANDPRIVATEEXPERTS.-In developing and implementing a management program under this subsection, a State shall, to the maximum extent practicable, involve local public and private agencies and organizations which have expertise in control of nonpoint sources of pollution. “(41 DEVELCIPMENT

ONWATERSHED

BASIS.-A State shall, to the maximum extent practicable, develop and implement a management program under this subsection on a watershed-by-watershed basis within such State. “(cl ADMINISTRATIVE PROVISIONS.- “(1) CCKI~ERATION RRQurRRMRNT.-Any report required by subsection (a) and any management program and report required by subsection 6) shall be developed in cooperation with local, substate regional, and interstate entities which are actively planning for the implementation of nonpoint source pollution controls and have either been certified by the Administrator in accordance with section 208, have worked jointly with the State on water qualit management planning under section 205(j), or have been B esignated by the State legislative body or Governor as water quality management planning agencies for their geographic areas. “(2) TIME PERIOD FOR SUBMISSION OF REPORTSAND MANAGEMENT PROGRAMS.-Each report and management program shall be submitted to the Administrator during the ISmonth period beginning on the date of the enactment of this section. “(d) APPROVAL OR DISAPPROVAL OF REPORTS AND MANAGEMENT PROCRAMS.- “(1) DEADLINE.-subject to paragraph (2), not later than 180 days after the date of submission to the Administrator of any report or management program under this section (other than subsections (h), (i), and (k)), the Administrator shall either approve or disapprove such report or management program, as the case may be.The Administrator may approve a portion of a management program under this subsection. If the Adminis-

### 1987

eek such additional le. stance and funding subsections (h) and uch fiscal years for :tices and measures nce will be used in

icial assistance pro- &s for which the

ce applications or on water quality in Executive Order 1983, to determine
s or development program prepared ?s of this subnara- :d to the assistance bject to Executive Trams listed in the
.cAssistance which id objectives of the lagement program. PERTS.-In developeogram under this extent practicable, and organizations
sourcesof pollution. 1State shall, to the .plement a manageqatershed-by-watereport required by
am and report ren cooperation with ities which are ac- ,f nonpoint source certified by the 208, have worked iagement planning ated by the State ality management
)RTsAND MANACErent program shall le l&month period 3section. \ND MANAGEMENT

not later than 180 ministrator of any section (other than rator shall either ement program, as rove a portion of a 1. If the AdminisPUBLIC LAW lOO-4-FEB. 4, 198’7 

### 101STAT. 55

trator does not disapprove a report, management program, or portion of a management program in such MO-day period, such report, management program, or portion shall be deemed ap proved for purposes of this section. “(2) PROCEDURE

FORDISAPPROVAL.-If, after notice and opportunity for public comment and consultation with appropriate Federal and State agencies and other interested persons, the Administrator determines that- “(Al the proposed management program or any portion thereof does not meet the requirements of subsection (b)(2) of this section or is not likely to satisfy, in whole or in part, the goals and requirements of this Act; “(B) adequate authority does not exist, or adequate resources are not available, to implement such program or portion; “(Cl the schedule for implementing such program or portion is not sufficiently expeditious; or “CD) the practices and measures proposed in such program or portion are not adequate to reduce the level of pollution in navigable waters in the State resulting from nonpoint sources and to improve the quality of navigable waters in the State; the Administrator shall within 6 months of the receipt of the proposed program notify the State of any revisions or modilications necessary to obtain approval. The State shall thereupon stateand1-1 have an additional 3 months to submit its revised management governments. program and the Administrator shall approve or disapprove such revised program within three months of receipt. “(3) FAILURE OFSTATETOSUBMITREPORT.-If a Governor of a State does not submit the report required by subsection (a) within the period specified by subsection (c)(2), the Administrator shall, within 30 months after the date of the enactment of this section, prepare a report for such State which makes the identifications required by paragraphs (l)(A) and (1XB) of subsection (a). Upon completion of the requirement of the preceding sentence and after notice and opportunity for comment, the Administrator shall report to Congress on his actions pursuant to this section. “(e) LOCALMANAGEMENT PROGRAMS; TECHNICALf%xsTANcE.-If a State fails to submit a management program under subsection (bl or the Administrator does not approve such a management program, a local public agency or organization which has expertise in, and authority to, control water pollution resulting from nonpoint
sources in any area of such State which the Administrator determines is of sufficient geographic size may, with approval of such State, request the Administrator to provide, and the Administrator shall provide, technical assistance to such agency or organization in developing for such area a management program which is described in subsection (b) and can be approved pursuant to subsection (d). After development of such management program, such agency or organization shall submit such management program to the Administrator for approval. If the Administrator approves such management program, such agency or organization shall be eligible to receive financial assistance under subsection (h) for implementation of such management program as if such agency or organization

were a State for which a report submitted under subsection (a)and a management program submitted under subsection fbl were approved

### 101 STAT. 56 PUBLIC LAW lOO-4-FEB. 4, 1987

State and local governments.

43USC 1571

note. 33USC 1365.



### state gover and local

!nts.

33USC 1285. under this section. Such financial assistance shall be subject to the

same terms and conditions as assistance provided to a State under subsection (h). “(fl TECHNICALASSISTANCE FORSTATES.-upon request of a State, the Administrator may provide technical assistance to such State in developing a management program approved under subsection fbl for those portions of the navigable waters requested by such State. “(g) INTER.STATE MANAGEMENT CONFERENCE.- “(1) CONVENING OF CONFERENCE; NOTIFICATION; PurwosE.-If any portion of the navigable waters in any State which is implementing a management program approved under this section is not meeting applicable water quality standards or the goals and requirements of this Act as a result, in whole or in part, of pollution from nonpoint sources in another State, such State may petition the Administrator to convene, and the Administrator shall convene, a management conference of all States which contribute significant pollution resulting from nonpoint sources to such portion. If, on the basis of information available, the Administrator determines that a State is not meeting applicable water quality standards or the goals and requirements of this Act as a result, in whole or in part, of significant pollution from nonpoint sources in another State, the Administrator shall notify such States. The Administrator may convene a management conference under this paragraph not later than 180 days after giving such notification, whether
or not the State which is not meeting such standards requests such conference. The purpose of such conference shall be to develop an agreement among such States to reduce the level of pollution in such portion resulting from nonpoint sources and to improve the water quality of such portion. Nothing in such agreement shall supersede or abrogate rights to quantities of water which have been established by interstate water compacts, Supreme Court decrees, or State water laws. This subsection shall not apply to any pollution which is subject to the Colorado River Basin Salinity Control Act. The requirement that the Administrator convene a management conference shall not be subject to the provisions of section 505 of this Act. “(2) STATE MANAGEMENT PROGRAM REQUIREMENT.-TO the extent that the States reach agreement through such conference, the management programs of the States which are parties to such agreements and which contribute significant pollution to the navigable waters or portions thereof not meeting applicable water quality standards or goals and requirements of this Act will be revised to reflect such agreement. Such management programs shall be consistent with Federal and State law. “(h) GRANT PROGRAM.- “(1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT PROGRAMS.-upon application of a State for which a report submitted under subsection (al and a management program submitted under subsection (b) is approved under this section, the Administrator shall make grants, subject to such terms and conditions as the Administrator considers appropriate, under this subsection to such State for the purpose of assisting the State in implementing such management program. Funds reserved pursuant to section 205cjX5) of this Act may be used to develop and implement such management program.

### 87

besubject to the to a State under

equest of a State,

eto such State in ler subsection 6) ed by such State.

ION; PURPOSE.-If 1 State which is .oved under this standards or the t, in whole or in other State, such onvene, and the conference of all 1 resulting from dSof information t a State is not 3r the goals and de or in part, of

n another State, le Administrator

r this paragraph flcation, whether andards requests
ence shall be to duce the level of nt sources and to Nothing in such to quantities of &ate water comaws. This subsecis subject to the We requirement conference shall 505 of this Act. :EMENT.-TO the rough such conX&es which are ibute significant hereof not meetals and requireagreement. Such ith Federal and

NAGEMENT PROa report submitigram submitted lis section, the such terms and propriate, under of assisting the gram. Funds remay be used to
-am. PUBLIC LAW lOO-4-FEB. 4, 1987 101 STAT. 5’7

“(21 APPLICATIONS.-An application for a grant under this subsection in any fiscal year shall be in such form and shall contain such other information as the Administrator may require, including an identification and description of the best management practices and measures which the State proposes to assist, encourage, or require in such year with the Federal assistance to be provided under the grant. “(3) FEDERALSHARE.-The Federal share of the cost of each management program implemented with Federal assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost incurred by the State in implementing such management program and shall be made on condition that the non-Federal share is provided from non-Federal sources. “(4) LIMITATION ON GRANT AMouNTs.-Notwithstanding any other provision of this subsection, not more than 15 percent of the amount appropriated to carry out this subsection may be used to make grants to any one State, including any grants to any local public agency or organization with authority to control pollution from nonpoint sources in any area of such State. “(51 PRIORITY FOR EFFECTIVEMECHANISMS-For each fiscal year beginning after September 30, 1987, the Administrator may give priority in making grants under this subsection, and shall give consideration in determining the Federal share of any such grant, to States which have implemented or are proposing to implement management programs which will- “(A) control particularly difficult or serious nonpoint Minerals and
source pollution problems, including, but not limited to, mlnlng. problems resulting from mining activities; “(Bl implement innovative methods or practices for controlling nonpoint sources of pollution, including regulatory programs where the Administrator deems appropriate; “(Cl control interstate nonpoint source pollution problems; or “(D) carry out ground water quality protection activities Research and which the Administrator determines are part of a corn- g”fi!!i,nt. prehensive nonpoint source pollution control program, including research, planning, ground water assessments, demonstration programs, enforcement, technical assistance, education, and training to protect ground water quality from nonpoint sources of pollution. “(6) AVAILABILITY FOR OBLIGATION.-The funds granted to each State pursuant to this subsection in a fiscal year shall remain available for obligation by such State for the fiscal year for which appropriated. The amount of any such funds not obligated by the end of such fiscal year shall be available to the Administrator for granting to other States under this subsection in the next fiscal year. “(7) LIMITATION ONUSEOF FUNDS.-States may use funds from grants made pursuant to this section for financial assistance to persons only to the extent that such assistance is related to the costs of demonstration projects. “(8) SATISFACTORY

PROGRESS.-NOgrant may be made under this subsection in any fiscal year to a State which in the preceding fiscal year received a grant under this subsection unless the Administrator determines that such State made

### 101 STAT. 58

Fkporta.

Education. Science and technology.

State and local overnments. Le arch and de&edodo~nt. 

### PUBLIC LAW lOO-4-FEB. 4,1987

satisfactory progress in such preceding fiscal year in meeting the schedule snecified bv such State under subsection W(2). “(9) MAINTEN'ANCE OF EFFORT.-NO grant may be made to a State under this subsection in any fiscal year unless such State enters into such agreements with the Administrator as the Administrator may require to ensure that such State will maintain its aggregate expenditures from all other sources for programs for controlling pollution added to the navigable waters in such State from nonpoint sources and improving the quality of such waters at or above the average level of such expenditures in its two fiscal years preceding the date of enactment of this subsection “(10) REQUEST FOR INFORMATION.-The Administrator may request such information, data, and reports as he considers necessary to make the determination of continuing eligibility for grants under this section. “(11) REPORTING AND OTHER REQUIREMENTS.-EaCh Stateshall report to the Administrator on an annual basis concerning (A) its progress in meeting the schedule of milestones submitted pursuant. to subsection (b)(P)(C) of this section, and (B) to the extent that appropriate information is available, reductions in nonpoint source pollutant loading and improvements in water quality for those navigable waters or watersheds within the State which were identified pursuant to subsection (aX1XA) of this section resulting from implementation of the management program. “(12) LIMITATION ON ADMINISTRATIVE cosTs.-For purposes of this subsection, administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs carried out with a grant under this subsection shall not exceed in any fiscal year 10percent of the amount of the grant. in such year, except that costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer programs shall not be subject to this limitation. “(9 GRANT~FORPROTECTINGGROUNDWATERQUALWY.- “(1) ELIGIBLE APPLICANTS AND AcrIvITIEs.-Upon application of a State for which a report submitted under subsection (a)and

a plan submitted under subsection (b) is approved under this section, the Administrator shall make grants under this subsection to such State for the purpose of assisting such State in carrying out groundwater quality protection activities which the Administrator determines will advance the State toward implementation of a comprehensive nonpoint source pollution control program. Such activities shall include, but not be limited to, research, planning, groundwater assessments, demonstration programs, enforcement., technical assistance, education and training to protect the quality of groundwater and to prevent contamination of groundwater from nonpoint

sources of pollution. "(2) APPLICATIONS.-An application for a grant under this subsection shall be in such form and shall contain such information asthe Administrator may require. “(3) FEDERAL SHARE; MAXIMUM AMOUNT.-The Federal share of the cost of assisting a State in carrying out groundwater protection activities in any fiscal year under this subsection shall be 50percent of the costs incurred by the State in carrying

### 37

year in meeting subsection (bX2). ay be made to a mless such State lnistrator as the IState will main- *sources for provigable waters in ng the quality of uch expenditures nactment of this

ministrator may as he considers inuing eligibility

-Each State shall is concerning (A) stones submitted I, and (B) to the )!e, reductions in rements in water ;heds within the xtion (aX1XA) of the management

-For purposes of form of salaries, ded and charged th a grant under

ear 10percent of ?pt that costs of vities, education, rejects, and tech- ,othis limitation. .ITY.- ;I n application Eec iU tion (a) and roved under this underthis subsecxg such State in activities which ,he State toward

source pollution lde, but not be ssessments, demical assistance,

. of groundwater ,r from nonpoint

Tant under this ;in such informahe Federal share out groundwater

r this subsection State in carrying PUBLIC LAW lOO-4-FEB. 4, 198’7 101 

### STAT. 59

out such activities, except that the maximum amount of Federal assistance which any State may receive under this subsection in
anv fiscal vear shall not exceed $150.000. “(4) REP&r.-The Administrator shall include in each report transmitted under subsection (m) a report on the activities and programs implemented under this subsection during the preceding fiscal year. “(j) AUTHORIZATIONOFAPPROPRIATIONS.-There is authorized to be appropriated to carry out subsections (h) and (i) not to exceed $70,000,000 for fiscal year 1988,$100,000,000 per fiscal year for each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year 1991; except that for each of such fiscal years not to exceed $7,500,000 may be made available to carry out subsection (i). Sums appropriated pursuant to this subsection shall remain available until expended. “(k) CONSISTENCYOF OTHER PROGRAMSAND PROJECTSWITH ‘MANAGEMENT PROGRAMS.-The Administrator shall transmit to the Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by each State under subsection (b)(2)(F) for which individual assistance applications and projects will be reviewed pursuant to the procedures set forth in Executive Order 12372 as in effect on September 1’7,1983. Beginning not later than sixty days after receiving notification by the Administrator, each Federal department and agency shall modify existing regulations to allow States to review individual development projects and assistance applications under the identified Federal assistance programs and shall accommodate, according to the requirements and definitions of Executive Order 12372, as in effect on September 17, 1983?the concerns of the State regarding the consistency of such applications or projects with the State nonpoint source pollution management program. “(1)COLLECTION

OF INFORMATION.- The Administrator shall collect and make available, through publications and other appropriate means, information pertaining to management practices and implementation methods, including, but not limited to, (1) information concerning the costs and relative efficiencies of best management practices for reducing nonpoint source pollution; and (2) available data concerning the relationship between water quality and implementation of various management practices to control nonpoint

sources of pollution. “(m) REPORTS

OF ADMINISTRATOR.- “(1) ANNUAL REPORTS.-Not later than January 1, 1988, and each January 1thereafter, the Administrator shall transmit 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 for the preceding fiscal year on the activities and programs implemented under this section and the progress made in reducing pollution in the navigable waters resulting from nonpoint sources and improving the quality of such waters. “(2) FINAL REPORT.-Not later than January 1, 1990, the Administrator shall transmit to Congress a final report on the activiiies carried out under this section. Such report, at a minimum, shall- “(A) describe the management programs being impleniented by the States by types and amount of affected navigable waters, categories and subcategories of nonpoint State and local governments.

3CFR, 1983 Camp., p. 186. Regulations.

### 101 STAT. 60

33 USC 1251.

33 USC 1281.

Grants.

Ante, p. 52.

33 USC1285.

State and local governments.

Ante, p. 52. 

### PUBLIC LAW lOO-4-FEB. 4, 1987

sources, and types of best management practices being implemented; “(B) describe the experiences of the States in adhering to schedules and implementing best management practices; “(Cl describe the amount and purpose of grants awarded pursuant to subsections (h) and (i) of this section! “(D) identify, to the extent that information 1savailable, the progress made in reducing pollutant loads and improving water quality in the navigable waters; “(E) indicate what further actions need to be taken to attain and maintain in those navigable waters (i) applicable water quality standards, and (ii) the goals and requirements of this Act; “(F) include recommendations of the Administrator concerning future programs (including enforcement programs) for controlling pollution from nonpoint sources; and “(G) identify the activities and programs of departments, agencies, and instrumentalities of the United States which

are inconsistent with the management programs submitted by the States and recommend modifications so that such activities and programs are consistent with and assist the States in implementation of such management programs. “(n) SETASDE FORADMINISTRATIVE PERSONNEL.-Not less than 5 percent of the funds appropriated pursuant to subsection 0’)for any fiscal year shall be available to the Administrator to maintain personnel levels at the Environmental Protection Agency at levels which are adequate to carry out this section in such year.’

. (b) POLICY FOR CONTROL OF NONPOINT SOURCES OF POLLUTION.- Section 101(a) is amended by striking out “and” at the end of paragraph (51,by striking out the period at the end of paragraph (6) and inserting in lieu thereof ‘I; and”, and by adding at the end thereof the following: “(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in

an expeditious manner soasto enable the goals of this Act to be met through the control of both point and nonpoint sources of pollution.“. (cl ELIGIBILITY OF NONPOINT SouRcEs.-The last sentence ofsection 2Ol(gXl) is amended by- (1) striking out “sentence,” the first place it appears and inserting in lieu thereof “sentences,“; (2)inserting “(A)” after “October 1, 1984,for”; and (3) inserting before “except that” the following: “and (B) any purpose for which a grant may be made under sections 319 (h) and (i) of this Act (including any innovative and alternative approaches for the control of nonpoint sources of pollution),“. (d) RESERVATION OF FuNns.-Section 205(j) is amended by adding at the end the following new paragraph: "(5) NON~OINT SOURCERESERVATION.-In addition to the sums reserved under paragraph (l), the Administrator shall reserve each f=cal ear for each State 1 percent of the sums allotted and availab refor obligation to such State under this section for each fiscal year beginning on or after October 1, 1986, or $100,000, whichever is greater, for the purpose of carrying out section 319 of this Act. Sums so reserved in a State in any foal year for which such State does not request the use of such sums,

### 187 PUBLIC LAW lOO-4-FEB. 4, 1987 101 

### STAT. 61

t practices being

tes in adhering to gement practices; of grants awarded e&ion; ation is available, loads and improved to be taken to aters (i) applicable and requirements

he Administrator enforcement propoint sources; and .Wof departments, lited States which -ograms submitted Lions so that such Iith and assist the gement programs. ,.--Not less than 5 osection Q)for any rator to maintain i Agenyy at levels ,hyear.

. 3 OFFOLLUTION.- d” at the end of id of paragraph (61 idding at the end

;for the control of Id implemented in ds of this Act to be onpoint sources of

gt sentence of secce it appears and

8’; and ving: “and (Bl any \er sections 319 (hl le and alternative

ces of pollution),“. mended by adding

!dition to the sums *ator shall reserve the sums allotted Ier this section for ztober 1, 1986, or meof carrying out State in any fLsca1

euse of such sums, to the extent such sums exceed $100,000, may be used by such State for other purposes under this title.“. (e) CONFORMINGAMENDMENT.-fkction 304(kXll is amended by inserting “and nonpoint source pollution management programs approved under section 319 of this Act” after “208 of this Act”,

SEC. 317. NATIONAL ESTUARY PROGRAM. (a) PURPOSES

ANDPOLICIES.- (1)FINDINGS.-congress finds and declares that- (A) the Nation’s estuaries are of great importance for fish and wildlife resources and recreation and economic opportunity; (B) maintaining the health and ecological integrity of these estuaries is in the national interest; (Cl increasing coastal population, development, and other direct and indirect uses of these estuaries threaten their health and ecological integrity; (Dl long-term planning and management will contribute to the continued productivity of these areas, and will maximize their utility to the Nation; and (El better coordination among Federal and State programs affecting estuaries will increase the effectiveness and efficiency of the national effort to protect, preserve, and restore these areas. (2)

### PURPOSES.-The

purposes of this section are to- (A) identify nationally significant estuaries that are threatened by pollution, development, or overuse; (Bl promote comprehensive planning for, and conservation and management of, nationally significant estuaries; (Cl encourage the preparation of management plans for estuaries of national significance; and (D) enhance the coordination of estuarine research. (b)MANAGEMENT PROGRAM.-Title III is amended by adding at the end thereof the following new section:
“SEC.320.

NATIONALESTUARYPROGRAM. “(a) MANAGEMENTCONFERENCE.- “(1) NOMINATION OF xsTuARms.-The Governor of any State may nominate to the Administrator an estuary lying in whole
or in part within the State asan estuary of national significance and request a management conference to develop a comprehensive management plan for the estuary. The nomination shall document the need for the conference, the likelihood of success, and information relating to the factors in paragraph (21. “(21&NVENING 0~CONFERENCE.- “(A) IN GENERAL.-III any case where the Administrator determines, on his own initiative or upon nomination of a State under paragraph cl)! that the attainment or maintenance of that water quality in an estuary which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water, requires the control of point and nonpoint sources of pollution to supplement existing controls of pollution in more than one State, the Administrator shall select such estuary and convene a management conference. 33USC1314.

Au”sc”‘l”i~~

33

33USC1330 note.

33 USC1330.

State and local governments

Fish and fishing. Wildlife.

### 101 STAT. 62

New York. Connecticut. RhodeIsland. Massachusetts. Washington. New Jersey. Delaware. North Carolina. Florida. fzaignia.

3 CFR, 1982 Camp., p. 197. 

### PUBLIC LAW lOO-4-FEB. 4, 1987

“(B) PRIORITY coNsmxxATIOiv.-The Administrator shall give priority consideration under this section to Long Island Sound, New York and Connecticut; Narragansett Bay, Rhode Island; Buzzards Bay, Massachusetts, Puget Sound, Washington; New York-New Jersey Harbor, New York and New Jersey; Delaware Bay, Delaware and New Jersey; Delaware Inland Bays, Delaware; Albemarle Sound, North Carolina; Sarasota Bay, Florida; San Francisco Bay, California; and Galveston Bay, Texas. “(3) BOUNDARY DISPUTE EXCEPTION.-In any case in which a boundary between two States passes through an estuary and such boundary is disputed and is the subject of an action in any court, the Administrator shall not convene a management conference with respect to such estuary before a final adjudication has been made of such dispute. “@) PURPOSESOFCONFERENCE.-The purposes of any management conference convened with respect to an estuary under this subsection shall beto- “(1) assess trends in water quality, natural resources, and

uses of the estuary; “(2) collect, characterize, and assessdata on toxics, nutrients, and natural resources within the estuarine zone to identify the

causes of environmental problems; “(31 develop the relationship between the inplace loads and point and nonpoint loadings of pollutants to the estuarine wne and the potential uses of the zone, water quality, and natural resources; “(41 develop a comprehensive conservation and management plan that recommends priority corrective actions and compliance schedules addressing point and nonpoint sources of pollution to restore and maintain the chemical, physical, and biological integrity of the estuary, including restoration and maintenance of water quality, a balanced indigenous population of shellfish, fish and wildlife, and recreational activities in the estuary, and assure that the designated uses of the estuary are protected; “(5) develop plans for the coordinated implementation of the plan by the States aswell as Federal and local agencies participating in the conference; “(6) monitor the effectiveness of actions taken pursuant to the plan; and “(‘7) review all Federal financial assistance programs and Federal development projects in accordance with the re quirements of Executive Order 123’72,as in effect on September 17, 1983, to determine whether such assistance program or project would be consistent with and further the purposes and objectives of the plan prepared under this section. For purposes of paragraph (‘71, such programs and projects shall not be limited to the assistance programs and development projects subject to Executive Order 12372, but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the plan developed under this section. “(C) MEMBERS OF CONFERENCE.--The members Of a management conference convened under this section shall include, at a minimum, the Administrator and representatives of-

### i7

ninistrator shall

m to Long Island ulagansett Bay, ,ts; Puget Sound, sr,New York and nd New Jersey; rle Sound, North ,iscoBay, Califorcase in which a
an estuary and
an action in any nanagement coninal adjudication

any management nder this subsecII resources, and

toxics, nutrients,

neto identify the

nplace loads and

neestuarine zone aity, and natural

and management ;ions and complisources of polluII, physical, and

: restoration and ienous population 1activities in the )fthe estuary are

!mentation of the 1agencies particin pursuant to the

ze programs and
ce with the re2Gct on Septemtame program or the purposes and ;ion. rejects shall not ?opment projects P de any programs mestic Assistance xtives of the plan

of a management Ie, at a minimum, 

### PUBLIC LAW lOO-4-FEB. 4, 

### 1987 101STAT. 63

“(1) each State and foreign nation located in whole or in part in the estuarine zone of the estuary for which the conference is convened; “(2) international, interstate, or regional agencies or entities having jurisdiction over all or a significant part of the estuary; “(3) each interested Federal agency, as determined appropriate by the Administrator; “(4) local governments having jurisdiction over any land or water within the estuarine zone, as determined appropriate by the Administrator; and “(5) affected industries, public and private educational institutions, and the general public, as determined appropriate by the Administrator. “cd) UTILIZATION OFEXISTING DATA.-In developing aconservation Conservation. and management plan under this section, the management con- Stateandlocal ference shall survey and utilize existing reports, data, and studies governments. relating to the estuary that have been developed by or made available to Federal, interstate, State, and local agencies. “(e) PERIODOFCONFERENCE.-A management conference convened under thi$ section shall be convened for a period not to exceed 5 years. S&h conference may be extended by the Administrator, and if terminated after the initial period, may be reconvened by the Administrator at any time thereafter, as may be necessary to meet the requirements of this section. “(f) APPROVALANDIMPLEMENTATIONOFPLANS.- “(1) APPROVAL.-Not later than 120days after the completion of a conservation and management plan and after providing for public review and comment, the Administrator shall approve such plan if the plan meets the requirements of this section and the affected Governor or Governors concur. “(2) IMPLEMENTATION.-Upon approval of a conservation and management plan under this section, such plan shall be implemented. Funds authorized to be appropriated under titles II and VI and section 319 of this Act may be used in accordance with 33USC1281; the applicable requirements of this Act to assist States with the ante,P.52. implementation of such plan. “(g) GRANTS.- State and local “(1) RECIPIENTS.-The Administrator is authorized to make governments. grants to State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals. “(2) PuRPosEs.-Grants under this subsection shall be made to pay for assisting research, surveys, studies, and modeling and other technical work necessary for the development of a conservation and management plan under this section. “(3) FEDERALSHARE.-The amount of grants to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year shall not exceed 75 percent of the costs of such research, survey, studies, and work and shall be made on condition that the non-Federal share of I

such costs are provided from non-Federal sources. “(h) GRANT REPORTING.-hy person (including a State, interstate, or regional agency or entity) that receives a grant under subsection (g) shall report to the Administrator not later than 18 months after receipt of such grant and biennially thereafter on the progress being made under this section.

### 101 STAT. 64 PUBLIC LAW lOO-4-FEB. 4,1987

‘$1 AUTHORIZATIONOFAPPEoPEIATIONs.-There are authorized to be appropriated to the Administrator not to exceed $12,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991 for- “(1) expenses related to the administration of management conferences under this section, not to exceed 10 percent of the amount appropriated under this subsection; “(2) making grants under subsection (g);and “(3) monitoring the implementation of a conservation and management plan by the management conference or by the Administrator, in any case in which the conference has been terminated. The Administrator shall provide up to $5,000,000 per fiscal year of the sums authorized to be appropriated under this subsection to the Administrator of the National Oceanic and Atmospheric Administration to carry out subsection (iI. I‘(j) RESEARCH.- “(1) PROGRAMS.-In order to determine the need to convene a management conference under this section or at the request of such a management conference, the Administrator shall coordinate and implement, through the National Marine Pollution Program Office and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration, as appropriate, for one or more estuarine zones- “(A) a long-term program of trend assessment monitoring measuring variations in pollutant concentrations, marine ecology, and other physical or biological environmental parameters which may affect estuarine zones, to provide the Administrator the capacity to determine the potential and actual effects of alternative management strategies and measures; “(B) a program of ecosystem assessment assisting in the development of (i) baseline studies which determine the state of estuarine zones and the effects of natural and anthropogenic changes, and (ii) predictive models capable of translating information on specific discharges or general pollutant loadings within estuarine zones into a set of probable effects on such zones; “(0 a comprehensive water quality sampling program for the continuous monitoring of nutrients, chlorine, acid precipitation dissolved oxygen, and potentially toxic pollutants (including organic chemicals and metals) in estuarine zones, after consultation with interested State, local, interstate, or international agencies and review and analysis of all environmental sampling data presently collected from estuarine zones; and “(D) a program of research to identify the movements of nutrients, sediments and pollutants through estuarine
zones and the impact of nutrients, sediments, and pollutants on water quality, the ecosystem, and designated or potential uses of the estuarine zones. “(2) REPORTS.-The Administrator, in cooperation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the Congress no less often than biennially a comprehensive report on the activities authorized under this subsection including- “(A? a listing of priority monitoring and research needs;

### 7

re authorized to $12,000,000 per 1990,and 1991

of management 0 percent of the

lnservation and
:ence or by the jrence has been

er fiscal year of ubsection to the pheric Adminis-

?edto convene a it the request of itor shall coordilarine Pollution series Service of ministration, as

nent monitoring trations, marine I environmental ones, to provide

ne the potential !ment strategies
assisting in the 1determine the of natural and nodelscapable of urges or general !s into a set of
ling program for chlorine, acid ally toxic pollutals) in estuarine tate, local, inter- .’and analysis of y collected from

ie movements of rough estuarine snts, and pollut- ,d designated or

:ration with the Id Atmospheric

o less often than vities authorized

1research needs; PUBLIC LAW 

### 100-4-FEB. 4, 198’7

“(B) an assessment of the state and health of the Nation’s estuarine zones, to the extent evaluated under this subsection; “(C) a discussion of pollution problems and trends in pollutant concentrations with a direct or indirect effect on water quality, the ecosystem, and designated or potential
uses of each estuarine zone, to the extent evaluated under this subsection; and “(D) an evaluation of pollution abatement activities and management measures so far implemented to determine the degree of improvement toward the objectives expressed in subsection (b)(4)of this section. “(k) DEFINITIONS.-For purposes of this section, the terms ‘estuary’ and ‘estuarine zone’ have the meanings such terms have in

. _^

.,., 1. ^...

. . _ section 104(n1(41 ot this Act, except that the term ‘estuarine zone’ shall also include associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migration of anadromous fish or the historic head of tidal influence, whichever is higher.“.

SEC. 318. UNCONSOLIDATED QUATERNARY AQUIFER. Notwithstanding any other provision of law, no person may- (1) locate or authorize the location of a landfill, surface impoundment, waste pile, injection well, or land treatment facility over the Unconsolidated Quaternary Aquifer, or the recharge zone or streamflow source zone of such aquifer, in the Rockaway River Basin, New Jersey (as such aquifer and zones are described in the Federal Register, January 24, 1984, pages 2946-2948); or (21 place or authorize the placement of solid waste in a landfill, surface impoundment, waste pile, injection well, or land treatment facility over such aquifer or zone. This section may be enforced under sections 309 (a) and (bl of the Federal Water Pollution Control Act. For purposes of section 309(c) of such Act, aviolation of this section shall be considered a violation of section 301of the Federal Water Pollution Control Act.



## TITLE IV-PERMITS AND LICENSES

SEC. 401. STORMWATER RUNOFF FROM OIL. GAS. AND MINING OPERATIONS. (al LIMITATION ON PERMIT REQUIREMENT.-SeCtiOn 402(l) is amended by inserting “(1) AGRICULTURAL RETURN FLOWS.--)' before “The Administrator” and by adding at the end thereof the following: “(2) STORMWATER RUNOFF FROM OIL, GAS,AND MINING OPERATIONS.-The Administrator shall not require a permit under this section, nor shall the Administrator directly or indirectly require any State to require a permit, for discharges of stormwater runoff from mining operations or oil and gas exploration, production, processing, or treatment operations or transmission facilities, composed entirely of flows which are from conveyances or systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contami nated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished prod

### 101STAT. 65

33 USC 1254.

New Jersey.

49 FR 2946-2948.

33 USC 1319.

33 USC 1311.

33 USC 1342.

State and local governments.101 STAT. 66

33 USC 1342. Ante, p. 65.

33 USC 1292.

33 USC 1314.

33 USC 1317.

33 USC 1319. 33 USC 1370.

supm PUBLIC LAW lOO-4-FEB. 4, 1987

uct, byproduct. or waste products located on the site of such operations.“. (bl cONFoRMING AMENDMENTS.-Section 4026) is further amended- (1) by inserting “LIMITATION ON PERMIT REQUIREMENT.-” after “(1)“; and (2) by indenting paragraph (1) of such section, as designated by subsection (a) of this section, and aligning such paragraph with paragraph (2) of such section, as added by such subsection (a).
SEC.402.ADDITIONAL PRETREATMENTOFCONVENTIONALPOLLUTANTS

NOTREQUIRED.
Section 402 is amended by adding at the end thereof the following

new subsection: “(m) ADDITIONAL PRETREATMENTOF CONVENTIONAL POLLUTANTS NOT REQUIRED.-TO the extent a treatment works (as defined in section 212 of this Act) which is publicly owned is not meeting the requirements of a permit issued under this section for such treatment works as a result of inadequate design or operation of such treatment works, the Administrator, in issuing a permit under this section, shall not require pretreatment by a person introducing conventional pollutants identified pursuant to section 304(a)(4) of this Act into such treatment works other than pretreatment required to assure compliance with pretreatment standards under subsection (b)(8) of this section and section 307(b)(l) of this Act. Nothing in this subsection shall affect the Administrator’s authority under sections 307 and 309 of this Act, affect State and local authority under sections 307(b)(4) and 510 of this Act, relieve such treatment works of its obligations to meet requirements established under this Act, or otherwise preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit under this section.“.
SEC. 403. PARTIALNPDESPROGRAM. (a) PARTIAL PERMIT PRocRAM.-Section 402 is amended by adding at the end the following: “(n) PARTIAL PERMIT PROGRAM.- “(1) STATE suBMIssroN.-The Governor of a State may submit under subsection (b) of this section a permit program for a portion of the discharges into the navigable waters in such State. “(2) MINIMUM COVERAGE.-A partial permit program under this subsection shall cover, at a minimum, administration of a major category of the discharges into the navigable waters of the State or a major component of the permit program required by subsection (b). “(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PROGRAMS.-The Administrator may approve a partial permit program covering administration of a major category of discharges under this subsection if- “(A) such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and “(B) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (bl.

### ‘.98’7

,n the site of such

102(l) is further

REQUIREMENT.--)’

tion, as designated Ig such paragraph by such subsection

'IONALPOLLUTANTS

lereof the following

IONAL POLLUTANTS Jrks (as defined in is not meeting the ion for such treat-

- operation of such l’permit under this person introducing section 304(aH4) of 2 pretreatment ret standards under 7(bXl) of this Act. istrator’s authority zt State and local is Act, relieve such .ements established .rks from pursuing its responsibility to

amended by adding

1State may submit nit program for a )le waters in such

nit program under administration of a lavigable waters of t program required

aTIAL PERMIT PROpartial permit proegory of discharges

zte permit program he jurisdiction of a

lat the partial protifiable part of the 

### PUBLIC LAW 100-4-FEB. 4,1987

“(4) APPROVAL 0p MAJOR COMPONENT PARTIAL PERMIT PRoGRAMS.-The Administrator may approve under this subsection

a partial and phased permit program covering administration of

a major component (including discharge categories) of a State permit program required by subsection (b) if- “(A) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b);and “(B) the State submits, and the Administrator approves, a plan for the State to assume administration by phases of the remainder of the State program required by subsection (b) by a specified date not more than 5 years after submission of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date.“. (b) RETURNOFSTATEPERMITPROGRAM TOADMINISTRATOR.- (1) IN GENERAL.-Se&ion 402(c) is amended by adding at the end thereof the following new paragraph: “(4) LIMITATIONS ON PARTIAL PERMIT PROGRAMRETURNSAND WITHDRAWALS.-A State may return to the Administrator administration, and the Administrator may withdraw under paragraph (3)of this subsection approval, of- “(A) a State partial permit program approved under subsection (n)(3) only if the entire permit program being administered by the State department or agency at the time is returned or withdrawn; and “(B) a State partial permit program approved under subsection (n)(4) only if an entire phased component of the permit program being administered by the State at the time is returned or withdrawn.“. (2) &NFORMINC AMENDMENT.-Section 402(cXl) is amended by striking out “as to those navigable waters” and inserting in lieu thereof “as to those discharges”.

SEk404.ANTI-BACKSLIDING. (a) GENERALRULE.-Section 402 is amended by adding at the end thereof the following new subsection: “(01ANTI-BACKSLIDING.- “(1) GENERALPROHIBITION.-In the caseof effluent limitations established on the basis of subsection (aX1XB) of this section, a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under section 304(b)subsequent to the original issuance of such permit, to contain effluent limitations which are less stringent than the comparable effluent limitations in the previous permit. In the case of effluent limitations established on the basis of section 3Ol(bXlXC) or section 303 (d) or (e), a permit may not be renewed, reissued, or modified to contain effluent limitations which are less stringent than the comparable effluent limitations in the previous permit except in compliance with section 303(dX4). “(2) EXCEPTIONS.-A permit with respect to which paragraph (1) applies may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant if- “(A) material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of a less stringent effluent limitation; 

### 101STAT. 67

33USC 1342.

Ante, p. 66.

Ante, p. 66.

33uSC1314.

33usC1311. 33USC 1313.

Pollution.

91-194 0 - 90 - 4 : QL.3 Part 1101 

### STAT. 68

Ante, pp. 30, 35; 33USC 1326. 

### PUBLIC LAW lOO-4-FEB. 4, 1987

“(B)(i) information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation at the time of permit issuance; or “(ii) the Administrator determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under subsection (aXlXB); “(C) a less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy; “(D) the permittee has received a permit modification under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n), or 316(a); or ‘YE) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification).

33USC 1313. Subparagraph (B) shall not apply to any revised waste load

allocations or any alternative grounds for translating water quality standards into effluent limitations, except where the cumulative effect of such revised allocations results in a decrease in the amount of pollutants discharged into the concerned waters, and such revised allocations are not the result of

a discharger eliminating or substantially reducing its discharge of pollutants due to complying with the requirements of this Act

or for reasons otherwise unrelated to water quality. “(3) LIMITATIONS.-In no event may a permit with respect to which paragraph (1)applies be renewed, reissued, or modified to contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of a water quality standard under section 303 applicable to such waters.“. (b) LIMITATIONS ON REVISION OFCERTAIN EFFLUENT LIMITATIONS.- Section 303(d) of the Act is amended by adding at the end thereof the following new paragraph: “(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS.-“(A) STANDARD NOT ATrAINED.-For waters identified under paragraph (U(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 is7 ’

not available at ;ed regulations, 1have justified mitation at the

technical miswere made in

s necessary be- ; no control and medy; it modification 01(k), 301(n), or

tment facilities

.n the previous naintained the to achieve the the limitations nit may reflect .eved (but shall nt guidelines in reissuance, or

sed waste load mslating water cept where the eesults in a dei into the conlot the result of ng its discharge Ients of this Act .ty. with respect to 1,or modified to stringent than Limethe permit .ysuch a permit

or modified to he implementation of a water ) such waters.“. LIMITATIONS.- the end thereof

'FLUENT LIMITAaters identified

e water quality !uent limitation ther waste load may be revised revised effluent 1 daily load or inment of such ed use which is 

### PUBLIC LAW lOO-4-FEB. 4,1987 101STAT. 69

not being attained is removed in accordance with regulations established under this section. I‘(B) STANDARD ATTAINED.-For waters identified under paragraph (INA) 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 dally 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.“. (cl S’runv.-The Administrator shall study- (1) the extent to which States have reviewed, revised, and adopted water quality standards in accordance with section 24 of the Municipal Wastewater Treatment Construction Grant Amendments of 1981;and (2) the extent to which modifications of permits issued under section 402(aXlXB) of the Federal Water Pollution Control Act for the purpose of reflecting any revisions to water quality standards should beencouraged or discouraged. The Administrator shall submit a report on such study, together with recommendations, to Congress not later than 2years after the date of the enactment of this Act. cd) CONFORMING AMENDMENT.-SeCtiOn 402(a)(l) is amended by inserting “(A)” after “either” and by inserting “(BY after “this Act, or”.

SEC.105.MUNIClPALANDlNDUSTRlALSTORMWATERDISCHARGES. Section 402 is amended by adding at the end thereof the following

new subsection: “(~)MUNICIPALANDINDUSTRIALSTORMWATERDISCHARGES.- “(1) GENERAL RULE.-Prior to October 1: 1992, the Administrator or the State (in the case of a permit program approved under section 402 of this Act) shall not require a permit under this section for discharges composed entirely of stormwater. “(2) ExcEP’rIoNs.-Paragraph (1) shall not apply with respect to the following stormwater discharges: “(A) A discharge with respect to which a permit has been issued under this section before the date of the enactment of this subsection. “(B) A discharge associated with industrial activity. “(C) A discharge from a municipal separate storm sewer system serving a population of 250,000 or more. “(D) A discharge from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000. “(El A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. “(3) PERMIT REQUIREMENTS.- “(A) INDUSTRIAL DISCHARGES.-Permits for discharges associated with industrial activity shall meet all applicable provisions of this section and section 301. 33 USC 1375

note. State and local governments.

33 USC 1313a.

33 USC 1342

Reports

33 USC 1342

State and local governments.

33 USC 1311.101 

### STAT. ‘70

Regulations.

Regulations.

Reports.

Reporta.

State and local governments. 

### PUBLIC LAW lOO-4-FEB. 4, 1987

“(B) MUNICIPAL DISCHARGE.-Permits for discharges from municipal storm sewers- “(i) may be issued on a system- or jurisdiction-wide basis; “(ii) shall include a requirement to effectively prohibit non-stormwater discharges into the storm sewers: and “(iii) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. “(4) PERMIT APPLICATION REQUIREMENTS.- “(A) INDUSTRIAL AND LARGE biuNIcIpA~ nIscH.4RGEs.-Not later than 2 years after the date of the enactment of this subsection, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraphs (2)(B) and (2)(C).Applications for permits for such discharges shall be filed no later than 3years after such date of enactment. Not later than 4 years after such date of enactment, the Administrator or the State, as the case may be, shall issue
or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. “(B) OTHER MUNICIPAL nIscHARGES.-Not later than 4 years after the date of the enactment of this subsection, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraph (2)(D). Applications for permits for such discharges shall be filed no later than 5 years after such date of enactment. Not later than 6 years after such date of enactment, the Administrator or the State, as the
case may be,shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3years after the date of issuance of such permit. “(5) STunms.--The Administrator, in consultation with the States, shall conduct astudy for the purposes of- “(A) identifying those stormwater discharges or classes of stormwater discharges for which permits are not required pursuant to paragraphs (1)and (21of this subsection; “(B) determining, to the maximum extent practicable, the nature and extent of pollutants in such discharges; and “(C) establishing procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water quality. Not later than October 1, 1988,the Administrator shall submit to Congress a report on the results of the study described in subparagraphs (A) and (B). Not later than October 1, 1989, the Administrator shall submit to Congress a report on the results of the study described in subparagraph (0. “(61 BEGULATIONs-Not later than October 1, 1992, the Administrator, in consultation with State and local officials,37

discharges from

urisdiction-wide
effectively proIe storm sewers;

the discharge of cticable, includtechniques and hods, and such
ar or the State Intro1 of such

SCHARGES--Not Iactment of this lish regulations ,quirements for :aphs (2XB) and charges shall be ‘enactment. Not enactment, the y be, shall issue lit shall provide :able, but in no ssuance of such

It later than 4 5subsection, the etting forth the vater discharges for permits for

m 5 years after years after such he State, as the ermit. Any such :xpeditiously as rs after the date

tation with the

gesor classes of ‘re not required sction; practicable, the discharges; and tods to control ;ary to mitigate

;or shall submit dy described in ‘her 1, 1989, the ,t on the results

r 1, 1992, the I local officials, 

### PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 71

shall issue regulations (based on the results of the studies conducted under paragraph (511which designate stormwater discharges, other than those discharges described in paragraph (2),to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources. The program shall, at a minimum, (Al establish priorities, (B) establish requirements for State stormwater management programs, and (C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate.“.

SEC. 406.SEWAGE SLUDGE. (a) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.-Section 405(d) is amended- 33 USC 1345. (1) by inserting “(1) REGULATIONS.-” before “The Administrator, after”; (2) by striking “(l)“, “(21”, and “(3)” and inserting in lieu thereof “(Al”, “(BY’, and “(Cl”, respectively; and (3)by adding at the end the following new paragraphs: “(2) IDENTIFICATIONAND REGULATION OF~0x10 POLLUTANTS.- “(A) ON BASIS

OFAVAILABLEINFORMATION.- “(i) PROPOSED

REGULATIONS.-Not later than November 30, 1986, the Administrator shall identify those toxic pollutants which, on the basis of available information on their toxicity, persistence, concentration, mobility, or potential for exposure, may be present in sewage sludge in concentrations which may adversely affect public health or the environment, and propose regulations specifying acceptable management practices for sewage sludge containing each such toxic pollutant and establishing numerical limitations for each such pollutant for each use identified under paragraph (U(A). “(ii) FINAL REOuLATIONs.-Not later than August 31, 1987, and after opportunity for public hearing, the Administrator shall promulgate the regulations required by subparagraph (AKil. “(Bl OTHERS.- “(i) PROPOSED

REGULATIONS.-Not later than July 31, 1987, the Administrator shall identify those toxic pollutants not identified under subparagraph (AXi) which may be present in sewage sludge in concentrations which may adversely affect public health or the environment, and propose regulations specifying acceptable management practices for sewage sludge containing each such toxic pollutant and establishing numerical limitations for each pollutant for each such

use identified under paragraph (lXA1. “(ii) FINAL REGULATIONS.-Not later than June 15, 1988, the Administrator shall promulgate the regulations required by subparagraph (BXil. “(C) REVIEW.-From time to time, but not less often than every 2 years, the Administrator shall review the regulations promulgated under this paragraph for the purpose of identifying additional toxic pollutants and promulgating101 STAT. 72

33 USC 1342.

33 USC 1345.

State and local governments.

42USC6921. PUBLIC LAW lOO-4-FEB. 4, 1987

regulations for such pollutants consistent with the requirements of this paragraph. “(D) MINIMUM STANDARDS; COMPLIANCE DATE.-The management practices and numerical criteria established under subparagraphs (A), (B), and (C) shall be adequate to protect public health and the environment from any reasonably anticipated adverse effects of each pollutant. Such regulations shall require compliance as expeditiously

as practicable but in no case later than 12 months after their publication, unless such regulations require the construction of new pollution control facilities, in which
case the regulations shall require compliance as expeditiously as practicable but in no case later than two years from the date of their publication. “(3) ALTERNATIVE STANDARDS.-For purposes of this subsection, if, in the judgment of the Administrator, it is not feasible to prescribe or enforce a numerical limitation for a pollutant identified under paragraph (2), the Administrator may instead promulgate a design, equipment, management practice, or operational standard, or combination thereof, which in the Administrator’s judgment is adequate to protect public health and the environment from any reasonably anticipated adverse effects of such pollutant. In the event the Administrator promulgates a design or equipment standard under this subsection, the Administrator shall include as part of such standard such requirements as will assure the proper operation and maintenance of any such element of design or equipment. “(4) CONDITIONSON PERMITS.-prior to the promulgation of the regulations required by paragraph (2), the Administrator shall impose conditions in permits issued to publicly owned treatment works under section 402 of this Act or take such other measures as the Administrator deems appropriate to protect public health and the environment from any adverse effects which may occur from toxic pollutants in sewage sludge. “(5) LIMITATION ON STATUTORYcoNsTRucrIoN.-Nothing in this section is intended to waive more stringent requirements established by this Act or any other law.“. (b) MANNER OFSLUDGEDISPOSAL.-Section 405(e) is amended to read asfollows: “(e) MANNER OF SLUDGE DISPOSAL.-The determination of the
manner of disposal or use of sludge is a local determination, except that it shall be unlawful for any person to dispose of sludge from a publicly owned treatment works or any other treatment works treating domestic sewage for any use for which regulations have been established pursuant to subsection (d) of this section, except in accordance with such regulations.“. (c) IMPLEMENTATION THROUGH BERMITs.-Section 405 is further amended by adding at the end thereof the following: “(f~ IMPLEMENTATIONOFREGULATIONS.- “(1) THROUGHSECTION 402PERMITS.-Any permit issued under section 402 of this Act to a publicly owned treatment works or any other treatment works treating domestic sewage shall include requirements for the use and disposal of sludge that implement the regulations established pursuant to subsection (d) of this section, unless such requirements have been included in a permit issued under the appropriate provisions of subtitle C of the Solid Waste Disposal Act, part C of the Safe Drinking

### 987

with the requireNCE DATE.-The iteria established ~11 be adequate to iment from any f each nollutant. ?as expeditiously 12 months after

ons require the cilities, in which liance as expedir than two years

:s of this subsec-

, it is not feasible

n for a pollutant ator may instead practice, or operh in the Adminisic health and the adverse effects of
or promulgates a subsection, the h standard such .tion and mainteent. promulgation of le Administrator ) publicly owned 4ct or take such

s appropriate to
rom any adverse in sewage sludge. ioN.-Nothing in ent requirements

el is amended to

-mination of the -mination, except of sludge from a treatment works regulations have section, except in

n 405 is further

.mit issued under .atment works or sewage shall in1 of sludge that mt to subsection
.vebeen included iions of subtitle C le Safe Drinking PUBLIC LAW lOO-4-FEB. 4,1987 101 STAT. ‘73

Water Act, the Marine Protection, Research, and Sanctuaries 42 USC 300h. Act of 1972, or the Clean Air Act, or under State permit 33USC 1401 programs approved by the Administrator, where the Administrator determines that such programs assure compliance with ;;~;~~~~~

any applicable requirements of this section. Not later than December 15, 1986, the Administrator shall promulgate procedures for approval of State programs pursuant to this paragraph. “(2) THROUGH OTHER PERMITS.-ln the case of a treatment works described in paragraph (1) that is not subject to section 402 of this Act and to which none of the other above listed permit programs nor approved State permit authority apply, the Administrator may issue a permit to such treatment works solely to impose requirements for the use and disposal of sludge that implement the regulations established pursuant to subsection (d) of this section. The Administrator shall include in the permit appropriate requirements to assure compliance with the regulations established pursuant to subsection (d) of this section. The Administrator shall establish procedures for issuing permits pursuant to this paragraph. “(g) STUDIEIS AND PROJECTS.- “(1) GRANT PROGRAM; INFORMATION GATHERING.-The Administrator is authorized to conduct or initiate scientific studies, demonstration projects, and public information and education projects which are designed to promote the safe and beneficial management or use of sewage sludge for such purposes as aiding the restoration of abandoned mine sites, conditioning soil for parks and recreation areas, agricultural and horticultural uses, and other beneficial purposes. For the purposes of carrying out this subsection, the Administrator may make grants to State water pollution control agencies, other public or nonprofit agencies, institutions, organizations, and individuals. In cooperation with other Federal departments and agencies, other public and private agencies, institutions, and organizations, the Administrator is authorized to collect and disseminate information pertaining to the safe and beneficial

use of sewage sludge. “(2) AUTHORIZATION OF APPROPRIATIONS.-FOr the purposes of carrying out the scientific studies, demonstration projects, and public information and education projects authorized in this section, there is authorized to be appropriated for fiscal years beginning after September 30, 1986, not to exceed $5,000,000.” (d) ENFORCEMENT.-(~) Section 308(a)(4) is amended by inserting “405,” before “and 504”. (2)Section 505(f) is amended by striking out “or” before “(61” and bv inserting before the period “; or (7) a regulation under se&Ion

I~\ r- ----=-~ Ly striking out "or yO6" and inserting in lieu thereof “306, or 405”. (e) REMOVAL CREDITS.-The part of the decision of Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, No. 84-3530 (3d. Cir. 19861,which addresses section 405(d) of the Federal Water Pollution Control Act is stayed until August 31, 198’7,with respect to- (1)those publicly owned treatment works the owner or opera tor of which received authority to revise pretreatment requireState and local governments.

33 USC 1342.

33 USC 1318.

33 USC 1365.

33 USC 1369.

33 USC 1345 note.

### 101 STAT.

33 USC 1317.

Ante, p. 71.

33 USC 1345.

33 USC 1342 note. State and local governments.

;i4y,C 1342,

33 USC 1311, 1312, 1316-131s 1343. 

### PUBLIC LAW lOO-4-FEB. 4, 1987

ments under section 307(b)(l) of such Act before the date of the enactment of this section, and (2)those publicly owned treatment works the owner or operator of which has submitted an application for authority to revise pretreatment requirements under such section 307(b)(l) which application is pending on such date of enactment and is approved before August 31,1987. The Administrator shall not authorize any other removal credits under such Act until the Administrator issues the regulations required by paragraph (ZXA)(ii) of section 405(d) of such Act, as amended by subsection (a)of this section. (f) CONFORMING AMENDMENTS.-%XtiOD 405(d) is further amended- (1)by inserting “REGULATIONS.-” after “(d)“; (2) by indenting paragraph (1) (as designated by subsection (a)(l) of this section) and aligning such paragraph with paragraph (3),asadded by subsection (a)(3);and (3) in such paragraph (1) by aligning subparagraphs (A), (B), and (C) (as designated by subsection (a)(2) of this section) with subparagraph (0 of paragraph (21,as added by subsection (a)(3) of this section.

SEC. 407. LOG TRANSFER FACILITIES. (a) AGREEMENT.-The Administrator and Secretary of the Army shall enter into an agreement regarding coordination of permitting for log transfer facilities to designate a lead agency and to process permits required under sections 402 and 404 of the Federal Water Pollution Control Act, where both such sections apply, for discharges associated with the construction and operation of log transfer facilities. The Administrator and Secretary are authorized to act in accordance with the terms of such agreement to assure that, to the maximum extent practicable, duplication, needless paperwork and delay in the issuance of permits, and inequitable enforcement between and among facilities in different States, shall be eliminated. (b) APPLICATIONSAND PERMITSBEFOREOCTOBER 22,1985.-Where both of sections 402 and 404 of the Federal Water Pollution Control Act apply, log transfer facilities which have received a permit under section 404of such Act before October 22,1985, shall not be required to submit a new application for a permit under section 402 of such Act. If the Administrator determines that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act satisfies the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act, a separate application for a permit under section 402 of such Act shall not thereafter be required. In any case where the Administrator demonstrates, after an opportunity for a hearing, that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act do not satisfy the applicable requirements of sections 301, 302,306,30’7,308, and 403 of such Act, modifications to the existing permit under section 404of such Act to incorporate such applicable requirements shall be issued by the Administrator as an alternative to issuance of a separate new permit under section 402of such Act. (c) f&c TRANSFERFACILITY DEFINED.-For the purposes of this section, the term “log transfer facility” means a facility which is constructed m whole or in part in waters of the United States and which is utilized for the purpose of transferring commercially har-7

the date of the

owner or operahority to revise 307(bXl) which lent and is ap-

.emoval credits regulations reTsuch Act, as
1) is further

1by subsection aph with paragraphs (Al, (B), is section) with ubsection (a)(3)

.y of the Army

n of permitting and to process Federal Water apply, for dison of log translthorized to act
assure that, to less paperwork sleenforcement Ibe eliminated. :,1985.-Where )llution Control

a permit under not be required ion 402 of such

ns of a permit 104of such Act

, 302, 306, 307,

a permit under 4. In any case portunity for a
ore Qctober 22, the applicable <03of such Act, 1of such Act to issued by the separate new

urposes of this lcility which is ited States and imercially har

### PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 75

vested logs to or from avessel or log raft, including the formation of

a log raft.



## TITLE V-MISCELLANEOUS PROVISIONS

SEC.501.AUDITS. Section 501(d) is amended by inserting at the end the following

new sentences: “For the purpose of carrying out audits and Contracts. examinations with respect to recipients of Federal assistance under Stateandlocal this Act, the Administrator is authorized to enter into noncompetitive procurement contracts with independent State audit organiza- ~~~$r$&~;

tions, consistent with chapter 75 of title 31, United States Code. 31USC 7501 et Such contracts may only be entered into to the extent and in such seq. amounts as may be provided in advance in appropriation Acts.“.

SEC.502.COMMONWEALTHOFTHENORTHERNMARlANAISLANDS. (a) DEFINED AS A STATE.-Section 502(3) is amended by inserting 33 USC 1362. “the Commonwealth of the Northern Mariana Islands,” after “Samoa,“. (b) DEFINED AS PART OF UNITED STATES.-section 311(a)(5) is 33usc 1321. amended by striking out “the Canal Zone,” and inserting in lieu thereof “the Commonwealth of the Northern Mariana Islands,“.

SEC.503.ACRlCULTURALSTORMWATERDISCHARGES. Section 502(14) (relating to the definition of point source) is amended by inserting after “does not include” the following: “agricultural stormwater discharges and”.

SEC. 504. PROTECTION OF INTERESTS OF UNITED STATES IN CITIZEN

SUITS.
Section 505(c) is amended by adding at the end thereof the follow- 33USC 1365. ingnewparagraph: “(3) PROTECTION OF INTERESTS OF UNITED sTATEs.-Whenever any action is brought under this section in a courtofthe United States, the plaintiff shall serve a copy of the complaint on the Attorney General and the Administrator. No consent judgment shall be entered in an action in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator.“.

SEC.505.JUDlCIALREVIEWANDAWARDOFFEES. (a) LOCATION; DEADLINE FOR APPEAL.-section 509(b)(l) is 33 USC 1369. amended- (1)by striking out “transacts such business” and inserting in lieu thereof, “transacts business which is directly affected by such action";and (2) by striking out “ninety” and “ninetieth” and inserting in lieu thereof “120” and “120th”, respectively. (b) VENUE; AWARD OF FEES.--section 509(b) is amended by adding at the end thereof the following new paragraphs: “(3) VENUE.- “(A) SELECTION PROCEDURE.-If applications for review of the same agency action have been filed under paragraph (11 of this subsection in 2 or more Circuit Courts of Appeals of the United States and the Administrator has received writ-

### 101 STAT. 76

Records

Records 

### PUBLIC LAW lOO-4-FEB. 4, 1987

ten notice of the filing of one or more applications within 30 days or less after receiving written notice of the tiling of the first application, then the Administrator shall promptly advise in writing the Administrative Office of the United States Courts that applications have been filed in 2or more Circuit Courts of Appeals of the United States, and shall identify each court for which he has written notice that such applications have been filed within 30 days or less of receiving written notice of the filing of the first such application. Pursuant to asystem of random selection devised for this purpose, the Administrative Office thereupon shall, within 3business days of receiving such written notice from the Administrator, select the court in which the record shall be filed from among those identified by the Administrator. Upon notification of such selection, the Administrator shall promptly file the record in such court. For the purpose of review of agency action which has previously been remanded to the Administrator, the record shall be filed in the Circuit Court of Appeals of the United States which remanded such action. “(B) ADMINISTRATIVE PRovIsIoNs.-where applications have been filed under paragraph (1) of this subsection in two or more Circuit Courts of Appeals of the United States with respect to the same agency action and the record has been filed in one of such courts pursuant to subparagraph (Al, the other courts in which such applications have been filed shall promptly transfer such applications to the Circuit Court of Appeals of the United States in which the record has been filed. Pending selection of a court pursuant to subparagraph (A), any court in which an application has been filed under paragraph (1) of this subsection may postpone the effective date of the agency action until 15 days after the Administrative Office has selected the court in which the record shall befiled. “(C) TRANSFERS.-Any court in which an application with respect to any agency action has been filed under paragraph (1) of this subsection, including any court selected pursuant to subparagraph (A), may transfer such application to any other Circuit Court of Appeals of the United States for the convenience of the parties or otherwise in the interest ofjustice. “(4) AWARD OFFRRs.-In any judicial proceeding under this subsection, the court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing

or substantially prevailing party whenever it determines that such award is appropriate.“.

33USC 1365. (cl CONFORMINGAMENDMENT FOR CITIZEN SUIT AcTIoNs.-The

first sentence of section 505(d) is amended by inserting “prevailing

or substantially prevailing” before “party”.
SEC. 506. INDIANTRIBES.

33USC 1378. Title V is amended by redesignating section 518, and any references thereto, assection 519and by inserting after section 517the following new section:37

:ations within 30 fthe filing of the shall promptly

:e of the United iled in 2or more itates, and shall tten notice that 0 days or less of le first such apselection devised thereupon shall, itten notice from hich the record by the Adminisn, the Adminis- ,h court. For the 1has previously record shall be te United States

?re applications hissubsection in le United States dthe record has b subparagraph ttions have been tions to the Cires in which the 1court pursuant application has z&ion may postm until 15 days ed the court in

application with led under paray court selected

er such applicas of the United otherwise in the

ding under this ation (including )any prevailing determines that

AcTIoNs.-The ting “prevailing

8, and any ref-

.section 51’7the PUBLIC LAW lOO-4-FEB. 4, 1987

“SEC. 518. INDIAN TRIBES. “(a) POLICY.-Nothing in this section shall be construed to affect the application of section 101(g)of this Act, and all of the provisions of this section shall be carried out in accordance with the provisions of such section 101(g). Indian tribes shall be treated as States for purposes of such section 101(g). “lb) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.-The Administrator, in cooperation with the Director of the Indian Health Service, shall assessthe need for sewage treatment works to
serve Indian tribes, the degree to which such needs will be met through funds allotted to States under section 205 of this Act and priority lists under section 216 of this Act, and any obstacles which prevent such needs from being met. Not later than one year after the date of the enactment of this section, the Administrator shall submit a report to Congress on the assessment under this subsection, along with recommendations specifying (1) how the Administrator intends to provide assistance to Indian tribes to develop waste treatment management plans and to construct treatment works under this Act, and (2) methods by which the participation in and administration of programs under this Act by Indian tribes can be maximized. “(cl RESERVATION OF FuNns.-The Administrator shall reserve each fiscal year beginning after September 30, 1986, before allotments to the States under section 205(e), one-half of one percent of the sums appropriated under section 207. Sums reserved under this subsection shall be available only for grants for the development of waste treatment management plans and for the construction of sewage treatment works to serve Indian tribes. “(d) COOPERATIVE AGREEMENTS.-In order to ensure the consistent implementation of the requirements of this Act, an Indian tribe and the State or States in which the lands of such tribe are located may enter into a cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the requirements of this Act. “(e) TREATMENT AS STATES.-The Administrator is authorized to

, treat an Indian tribe as a State for purposes of title II and sections ‘,104, 106, 303, 305, 308, 309, 314, 319, 401, 402, and 404 of this Act to ‘,the degree necessary to carry out the objectives of this section, but only if-“(1) the Indian tribe has a governing body carrying out substantial governmental duties and powers; “(2) the functions to be exercised by the Indian tribe pertain to the management and protection of water resources which are held by an Indian tribe, held by the United States in trust fol Indians, held by a member of an Indian tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of an Indian reservation; and “(3) the Indian tribe is reasonably expected to be capable, in the Administrator’s judgment, of carrying out the functions to be exercised in a manner consistent with the terms and pur posesof this Act and of all applicable regulations. Such treatment as a State may include the direct provision of funds reserved under subsection (c) to the governing bodies of Indian tribes, and the determination of priorities by Indian tribes, where not determined by the Administrator in cooperation with the Director of the Indian Health Service. The Administrator, in cooperation 101 STAT. 77

33 USC 1377.

33 USC 1251.

State and local governments. Waste disposal.

33 USC 1285. 33 USC 1296.

State and local governments. Waste disposal.

33 USC 1287.

State and local governments.

Grants 33 USC 1281. 33 USC 1254, 1256, 1313, 1315, 1318, 1319, 1324; ante, p. 52; 33 y3;;, 1341, 1342,

### 101 STAT. 78 PUBLIC LAW 100-4-FEB. 4, 1987

33 USC 1281. Regulations.

Ante, p. 52. with the Director of the Indian Health Service, is authorized to

make grants under title II of this Act in an amount not to exceed 100 percent of the cost of a project. Not later than 18 months after the date of the enactment of this section, the Administrator shall, in consultation with Indian tribes, promulgate final regulations which specify how Indian tribes shall be treated as States for purposes of this Act. The Administrator shall, in promulgating such regulations, consult affected States sharing common water bodies and provide a mechanism for the resolution of any unreasonable consequences that may arise as a result of differing water quality standards that may be set by States and Indian tribes located on common bodies of water. Such mechanism shall provide for explicit consideration of relevant factors including, but not limited to, the effects of differing water quality permit requirements on upstream and downstream dischargers, economic impacts, and present and historical uses and quality of the waters subject to such standards. Such mechanism should provide for the avoidance of such unreasonable consequences in a manner consistent with the objective of this Act. “(0 GRANTS FOR NONPOINT SOURCEPROGRAMS.-The Administrator shall make grants to an Indian tribe under section 319 of this Act as though such tribe was a State. Not more than one-third of

one percent of the amount appropriated for any fiscal year under section 319 may be used to make grants under this subsection. In addition to the requirements of section 319, an Indian tribe shall be required to meet the requirements of paragraphs (l), (2), and (3) of subsection (dl of this section in order to receive such a grant. “(g) ALASKA NATIVE ORGANIZATIONS.-NO provision of this Act shall be construed to25 USC476. “(1) grant, enlarge, or diminish, or in any way affect the scope

of the governmental authority, if any, of any Alaska Native organization, including any federally-recognized tribe, traditional Alaska Native council, or Native council organized pursuant to the Act of June 18, 1934 (48 Stat. 9871, over lands or persons in Alaska; “(2) create or validate any assertion by such organization or any form of governmental authority over lands or persons in Alaska; or “(3) in any way affect any assertion that Indian country, as defined in section 1151 of title 18, United States Code, exists or does not exist in Alaska. “(h) DEFINITIONS.-For purposes of this section, the term- “(1) ‘Federal Indian reservation’ means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; and “(21 ‘Indian tribe’ means any Indian tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation.“.

33 USC 1362 note. 33USC1251 note. SEC.507. DEFINITION OFPOINTSOURCE.
For purposes of the Federal Water Pollution Control Act, the term “point source” includes a landfill leachate collection system.

### 37

is authorized to nt not to exceed 18 months after Gstrator shall, in 3gulations which

s for purposes of such regulations,

esand provide a Je consequences y standards that

ommon bodies of consideration of Tects of differing and downstream <torical uses and iuch mechanism ole consequences I. -The Adminisaction 319 of this han one-third of iscal year under is subsection. In

an tribe shall be 11,(21,and (31of 3 such a grant. sion of this Act

I affect the scope I Alaska Native d tribe, tradiorganized pursu- ‘1,over lands or
organization or d.5or persons in

dian country, as s Code, exists or

etermland within the risdiction of the ?issuance of any hrough the resband, group, or he Interior and Federal Indian

-01Act, the term system. PUBLIC 

### LAW 100-4-FEB. 4, 1987 101STAT. 79

SEC. 508. SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES. (al FINDING.-The Congress finds that the New York Bight Apex XI USC 1414a is no longer a suitable location for the ocean dumping of municipal note. sludge. (bl GENERAL RULE.-Title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 USC. 1401 et seq.1 is further amended by inserting after section 104 the following new section: 33USC 1414.

“SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES

“SEC. 104A. (a) NEW YORK BIGHT APEX.-(~) For purposes of this 33USC 1414a. subsection: “(A) The term ‘Apex’ means 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 10minutes north latitude. “(B) The term ‘Apex site’ means that site within the Apex at which the dumping of municipal sludge occurred before October 1,1983. “(C) The term ‘eligible authority’ means any sewerage authority or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site. “(2) No person may apply for a permit under this title in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority. “(3) The Administrator may not issue, or renew, any permit under this title that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the earlier of- “(A) December 15,1987; or “(B) the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities
can reasonably be dumped at asite designated under section 102 33 USC 1412. other than asite within the Apex. “(bl RESTRICTION ON USE OF THE ~O~-MILE SITE.-The Administrator may not issue or renew any permit under this title which authorizes any person, other than a person that is an eligible authority within the meaning of subsection (aXlXC1, to dump, or to transport for the purposes of dumping, municipal sludge within the site designated under section 102(c)by the Administrator and known
as the ‘lOBMile Ocean Waste Dump Site’ (as described in 49 F.R. 190051.“.

SEC.509.OCEANDISCHARGERESEARCHPROJECTS. (a)'IN GENE&%-Notwithstanding any other provision of law, the California. Administrator is authorized to issue a research permit to the Orange County, California, Sanitation Districts for the discharge of preconditioned municipal sewage sludge into the ocean for the purpose of enabling research to be conducted in assessing and analyzing the effects of disposing of sewage sludge by pipeline into

ocean waters- (1) if the Administrator is satisfied that such local governmental agency is actively pursuing long-term land-based options for the handling of its sludge with special emphasis on remote disposal alternatives set forth in the 1980 LA/OMA sludge

### 101 STAT. 80

State and local governments Reports. 

### PUBLIC LAW lOO-4-FEB. 4,1987

management project and on reuse of sludge or use of recycled sludge; and

33 USC 1311. (2) if the Administrator determines that there is no likelihood

of an unacceptable adverse effect on the environment as a result of issuance of such permit and that such permit would meet the requirements of paragraph (2) of section 301(h) of the Federal Water Pollution Control Act, as amended by this Act, and of the sentences following the first sentence of such section if such permit were being issued under such section. (b) PERMITTERMS.- (1) PERIOD.-The permit for the discharge of sludge shall be for a period of 5 years commencing on the date of such discharge and shall not beextended or renewed. (2) MONITORING.-Such permit shall provide for monitoring (including whole effluent monitoring) of permitted discharges and other discharges into the ocean in the same area and the effects of such discharges (including cumulative effects) in conformance with requirements established by the Administrator, after consultation with appropriate Federal and State agencies, and for the reporting of such monitoring to Congress and the Administrator every 6months.

Fish and fishing. Wildlife. (3) VOLUME OF DISCHARGE.-such permit shall provide that

the volume of such local agency’s sludge disposed of by such experimental pipeline shall be no more than one and one-half times that being disposed of by such remote disposal and alternatives for the reuse of sludge and the use of recycled sludge. In
no event shall the agency dispose of more than 50percent of its sludge by the pipeline. (4) TERMINATION.-The permit shall provide for termination of the permit if the Administrator determines that the disposal of sewage sludge is resulting in an unacceptable adverse impact
on fish, shellfish, and wildlife. The Administrator may terminate a permit issued under this section 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 beshown. If the effluent from a source with a permit issued under this section is contributing to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit.

33USC 1251 note. (c) LIMITATION ON PRECEDENT.-The facts and circumstances described in subsection (a) present a unique situation which will not establish a precedent for the relaxation of the requirements of the Federal Water Pollution Control Act applicable to similarly situated discharges. (d) REPORT.-Such districts shall report the results of the program and an analysis of such program to Congress under this section not later than four and one-half years after issuance of the permit.

Mexico. SEC.510.SANDIEG0,CALIFORNIA.

(a) PuRPosR.-The purpose of this section is to protect the economy, public health, environment, surface water and public beaches, and water quality of the city of San Diego, California, and surrounding areas, which are endangered and are being polluted by raw sewage emanating from the city of Tijuana, Mexico. (b) CONSTRUCTION

GRANTS.-upon approval of the necessary plans and specifications, the Administrator is authorized to make grants7

use of recycled

is no likelihood ironment as a I permit would

m 301(h) of the ed by this Act, of such section
on.
sludge shall be .te of such disfor monitoring tted discharges

e area and the ive effects) in

r the Adminisera1 and State ng to Congress

11provide that sed of by such le and one-half msal and alterr&d sludge. In 0percent of its

or termination .at the disposal adverse impact
or may termiAdministrator ambient water 1of the permit lot beshown. If ted under this .ater quality of erminate such

urnstances dewhich will not rements of the iilarly situated

If the program his section not of the permit.

)tect the econniblic beaches, and surroundJluted by raw

ecessary plans
o make grants PUBLIC LAW lOO-4-FEB. 4, 1987

to the Secretary of State, acting through the American Section of the International Boundary and Water Commission (hereinafter in this section referred to as the “Commission”1, or any other Federal agency or any other appropriate commission or entity designated by the President. Such grants shall be for construction of a project consisting of- (1) defensive treatment works to protect the residents of the city’of San Diego, California, and surrounding areas from pollution resulting from any inadequacies or breakdowns in wastewater treatment works and systems in Mexico; and (2) treatment works in the city of San Diego, California, to provide primary or more advanced treatment of mumclpal sewage and industrial waste from Mexico, including the city of Tijuana, Mexico. (c) LIMITATION ON GRANT%-Notwithstanding subsection (h), the Administrator may make grants for construction of treatment works described in subsection (b)(2) only if, after public notice and comment, the Administrator determines that treatment works in Mexico, in conjunction with any defensive treatment works constructed under this or any other Act, are not sufficient to protect the residents of the city of San Diego, California, and surrounding areas from water pollution originating m Mexico. (d) OPERATION AND MAINTENANCE.-The Commission or such other agency, commission, or entity as may be designated under subsection (b) is authorized to operate and maintain any treatment works constructed under subsection o>)in order to accomplish the 101 STAT. 81

purposes of this section. (ej APPROVAL OF PUNS.-Anv treatment works for which a grant Pollution.

is made under this section shdl be constructed in accordance with plans developed by the Commission or such other agency, commission,

or entity. as may be designated under subsection (b), in consultation with the city of San Diego, and approved by the Administrator to meet the construction standards which would be applicable if such treatment works were being constructed under title II of the Federal Water Pollution Control Act. 33 USC 1281. (fl FEDERALSHARE.-Construction of the treatment works under subsection (h) shall be at full Federal expense less any costs paid by the State of California and less any costs paid by the Government of Mexico as a result of agreements negotiated with the United States. (g)OCEANOUTFALLPERMIT.-Notwithstanding section 301(j) of the Pollution. Federal Water Pollution Control Act, upon application of the city of 33 USC 1311. San Diego, California, the Administrator may issue a permit under section 301(h) of such Act which modifies the requirements of section 301(b)(l)(B) of such Act to permit the discharge of pollutants for any ocean outfall constructed with Federal assistance under this section if the Administrator finds that issuing such permit is in the best interests of achieving the goals and requirements of such Act. The Administrator may waive the requirements of section 301(hX51 of such Act with respect to the issuance of such permit if the Administrator finds that such waiver is in the best interests of achieving the goals and requirements of such Act. (hl TREATMENT OFSAN DIEGO SEW&X.--If any treatment works constructed pursuant to this section becomes no longer necessary to provide protection from pollution originating in Mexico, the city of San Diego, California, may use such treatment works to treat municipal and individual waste originating in the city of San Diego and surrounding areas if the city of San Diego enters into a binding

### 101STAT. 82 PUBLIC LAW lOO-4-FEB. 4,1987

agreement with the Administrator to pay to the United States 45 percent of the costs incurred in the construction of such treatment works.

33 USC 1292. Grants. (i) DEFINITIONS.-For purposes of this section, the terms “construction” and “treatment works” have the meanings such terms have under section 212 of the Federal Water Pollution Control Act. (j) AUTHORIZATIONOFAPPROPRIATIONS.-There is authorized to be appropriated for fiscal years beginning after September 30, 1986, such sums as may be necessary to the Administrator to make grants under this section and such sums as may be necessary to the Commission or such other agency, commission, or entity as the President may designate under subsection (b), to carry out this section.
SEC.511. LIMITATION ON DISCHARGEOF RAWSEWAGEBY NEWYORK

CITY. (a) IN GENERAL.- (1) NORTH RIVERPLANT.-lf the wastewater treatment plant identified in the consent decree as the North River plant has not achieved advanced preliminary treatment as required under the terms of the consent decree by August 1, 1986, the city of New York shall not discharge raw sewage from the drainage

area of such plant (as defined in the consent decree) into navigable waters after such date in an amount which is greater for any 30day period than an amount equal to 30 times the average daily amount of raw sewage discharged from such drainage area during the 12-month period ending on the earlier of the date on which such plant becomes operational or March 15?1986 (as determined by the Administrator), except as provided m subsection (b). (2) RED HOOK PLANT.-If the wastewater treatment plant identified in the consent decree as the Red Hook plant has not achieved advanced preliminary treatment as required under the terms of the consent decree by August 1, 1987,the city of New York shall not discharge raw sewage from the drainage area of such plant (as defined in the consent decree) into navigable waters after such date in an amount which is greater for any 30- day period than an amount equal to 30 times the average daily amount of raw sewage discharged from such drainage area during the 1Zmonth period ending on the earlier of the date on which such plant becomes operational or March 15, 1987 (as flr@I$ned by the Administrator), except as provided in subsec-
(b)WAIVERS.- (1) INTERRUPTION 0F PUNT OPERATION.-In the event of any significant interruption in the operation of the North River plant or the Red Hook plant caused by an event described in subparagraph (A), (B), or (C)of paragraph (5)occurring after the applicable deadline established under subsection (a), the Administrator shall waive the limitation of subsection (a) with respect to such plant, but only to such extent and for such limited period of time as may be reasonably necessary for the city of New York to resume operation of such plant. (2) INCREASED

PRECIPITATION.-In the event that the volume of precipitation occurring after the applicable deadline established under subsection (a) causes the discharge of raw sewage to exceed the limitation under subsection (a), the Administrator

### 7

nited States 45 such treatment

3rms “construclch terms have

n Control Act. uthorized to be mber 30, 1986, to make grants tcessary to the

. entity as the carry out this

: BY NEW YORK

reatment plant liver plant has required under 

### 386,the city of

n the drainage It decree) into rhich is greater
o 30 times the :ed from such

:on the earlier operational or ator), except as

eatment plant

: plant has not (ired under the he city of New mainagearea of into navigable rter for any 30- !average daily drainage area of the date on h 15, 1987 (as ided in subsec3event of any ? North River it described in rring after the :tion (a), the action (a) with and for such ‘essary for the t the volume of

ne established
aw sewage to Administrator 

### PUBLIC LAW lOO-4-FEB. 4, 1987

shall waive the limitation of subsection (a)with respect to either

or both such plants, but only to such extent and for such limited period of time as the Administrator determines to be necessary to take into account the increased discharge caused by such volume of precipitation. (3) VARIATIONS IN CERTAIN NORTH RIVER DRAINAGE AREA DISCHARGES.-ID the event that an increase in discharges from the North River drainage area constituting aviolation of subsection (a)(l) is due to a random or seasonal variation, and that any
sewer hookup occurring, or permit for a sewer hookup granted, after July 31, 1986, is not responsible for such violation, the Administrator shall waive the limitation of subsection (a)(l), but only to such extent and for such limited period of time as the Administrator determines to be reasonably necessary to take into account such random or seasonal variation. (4) VARIATIONS IN CERTAIN RED HOOK DRAINAGE AREA DISCHARGES.-ID the event that an increase in discharges from the Red Hook drainage area constituting a violation of subsection (a)(2) is due to a random or seasonal variation, and that any sewer hookup occurring, or permit for a sewer hookup granted, after July 31, 1987, is not responsible for such violation, the Administrator shall waive the limitation of subsection (a)(2),but only to such extent and for such limited period of time as the Administrator determines to be reasonably necessary to take into account such random or seasonal variation. (5) CIRCUMSTANCES BEYONDcrm’s CONTROL.-The Administrator shall extend either deadline under paragraph (1) or (2) of subsection (a) to such extent and for such limited period of time

as may be reasonably required to take into account any- (A) act of war, (B) unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight, or (C) other circumstances beyond the control of the city of New York, except such circumstances shall not include (i) the unavailability of Federal funds under section 201 of the Federal Water Pollution Control Act, (ii) the unavailability of funds from the city of New York or the State of New York, or (iii) a policy decision made by the city of New York

or the State of New York to delay the achievement of advanced preliminary treatment at the North River plant

or Red Hook plant beyond the applicable deadline set forth in subsection (a). (c) PENALTIES.-Except as otherwise provided in subsection (b), any violation of subsection (a)shall be considered to be aviolation of section 301 of the Federal Water Pollution Control Act, and all provisions of such Act relating to violations of such section 301shall apply. (d) CONSENT DECREE DEFINED.-For purposes of this section, the term “consent decree” means the consent decree entered into by the Environmental Protection Agency, the city of New York, and the State of New York, on December 30, 1982, relating to construction and operation of the North River and Red Hook wastewater treatment plants. 

### 101STAT. 83

33 USC 1281.

33 USC 1311.

### 101 STAT. 84 PUBLIC LAW lOO-4-FEB. 4, 1987

(e) GooPERATION.-The Administrator shall work with the city of New York to eliminate the discharge of raw sewage by such city at the earliest practicable date. (0 SAVINGS CLAUSE-Nothing in this section shall be construed as modifying the terms of the consent decree. (g) SENSE OF CONGRESS.-It is the sense of Congress that the Administrator should not agree to any further modification of the consent decree with respect to the schedule for achieving advanced preliminary treatment. (hl TERMINATION DATES.- (1) NORTH RIVER PLANT.-The provisions of this section shall remain in effect with respect to the North River drainage area until such time asthe North River plant has achieved advanced preliminary treatment (as defined in the consent decree) for a period of six consecutive months. (2) RED HOOK PLANT.-The provisions of this section shall remain in effect with respect to the Red Hook drainage area until such time as the Red Hook plant has achieved advanced preliminary treatment (as defined in the consent decree) for a period of six consecutive months. (il MONITORING AcTIvrrIEs.-The Administrator shall promptly establish and carry out a program within available funds to implement the monitoring activities which may be required under subsection (a). 6) ESTABLISHMENT OF MErHonoLoGIEs.-The Administrator shall establish the methodologies, data base, and any other information required for making determinations under subsection (bl- (1) for the North River drainage area (as defined in the consent decree) by July 31, 1986, unless the requirements of subsection (h)(l) have been satisfied, and (2)for the Red Hook drainage area (as defined by the consent decree) by July 31, 1987, unless the requirements of subsection (hX21have been satisfied. (k) VIOLATIONS.-II1 carrying out this section, if the Administrator finds that a violation of subsection (a) has occurred, the Administrator shall also determine, within 30 days after such finding, whether a provision of subsection (b) applies. If the Administrator requires information from the city of New York in order to determine whether a provision of subsection (bl applies, the Administrator shall request such information. If the city of New York does not supply the information requested by the Administrator, the Administrator shall determine that subsection (b) does not apply. The city of New York shall be responsible only for such expenses as are necessary to provide such requested information. Enforcement action pursuant to subsection (cl shall be commenced at the end of such 30days unless a provision of subsection (bl applies.

33 USC1251 note. SEC.512. OAKWOOD

BEACHANDREDHOOKPROJECTS, NEWYORK. (a) RELOCATION OF NATURAL GAS FAcxLrTrEs.-Notwithstanding any provision of the Federal Water Pollution Control Act, the Administrator shall pay, to the extent provided in appropriation Acts, in the same proportion as the Federal share of other project costs, all expenses for the relocation of facilities for the distribution of natural gas with respect to the entire wastewater treatment works known asthe Oakwood Beach (EPA Grant Numbered 3603921 and Red Hook (EPA Grant Numbered 360394) projects, New York.h the city of such city at

construed as

?ss that the :ation of the ng advanced

section shall rainage area led advanced decree) for a

section shall rainage area .ed advanced decree1 for a

311promptly ?ds to implemder subsecstrator shall information

,- 1 fined in the uirements of

I the consent of subsection

dministrator :he Adminisuch finding, dministrator der to deter- ;he Adminis- ,w York does istrator, the ?snot apply. Iexpenses as Enforcement It the end of

YORK. withstanding rol Act, the :ppropriation >ther project !distribution !r treatment sred 360392)
;, New York. PUBLIC 

### LAW lOO-4-FEB. 4, 1987 101STAT. 85

(b) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated for fiscal years beginning after September 30,1986, not to exceed $7,000,000 to carry out this section.

SEC. 513. BOSTON HARBOR AND ADJACENT WATERS. (al GRAN’rs-The Administrator shall make grants to the Massachusetts Water Resource Authority for purposes of- (1) assessing the principal factors having an adverse effect on the environmental quality of Boston Harbor and its adjacent waters; (21developing and implementing a management program to improve the water quality of such Harbor and waters; and (3) constructing necessary waste water treatment works for providing secondary treatment for the areas served by such authority. (b) FEDERALSHARE.-The Federal share of projects described in subsection (a)shall not exceed 75 percent of the cost of construction thereof. (c) EMERGENCYIMPROVEMENTS.-The Administrator is authorized and directed to make grants to the Massachusetts Water Resource Authority for a project to undertake emergency improvements at the Deer Island Waste Water Treatment Plant in Boston, Massachusetts. The Federal share of such project shall not exceed 75 percent of the cost of carrying out such improvements. (d) AUTHORIZATIONOFAPPROPRIATIONS.-There is authorized to be appropriated $100,000,000 to carry out this section for fiscal years beginning after September 30, 1986, to remain available until expended. Such sums shall be in addition to and not in lieu of any other amounts authorized to be appropriated under title II of the Federal Water Pollution Control Act. 33USC1281.

SEC. 514.WASTEWATER RECLAMATION DEMONSTRATION. (a) AUTHORITY TO MAKE GRANTS .-The Administrator is au- California. thorized to make a grant to the San Diego Water Reclamation Agency, California, to demonstrate and field test for public use innovative processes which advance the technology of wastewater reclamation and which promote the use of reclaimed wastewater. (b) FEDERALSHARE.-The Federal share of grants made under this section shall be 85 percent of the costs of conducting such demonstration and field test. (cl AUTHORIZATIONOFAPPROPRIATIONS.-There is authorized to be appropriated not to exceed $2,000,000 to carry out this section for fiscal years beginning after September 30,1986.

SEC. 515. DES MOINES, IOWA. (a) GRANT.-The Administrator is authorized to make a grant to the city of Des Moines, Iowa, for construction of the Central Sewage Treatment Plant component of the Des Moines, Iowa, metropolitan

area project. The Federal share of such project shall be 75 percent of the cost of construction. (b)AUTHORIZATIONOFAPPROPRIATIONS.-There is authorized to be appropriated to carry out this section not to exceed $50,000,000 for fiscal years beginning after September 30, 1986. Such sums shall be in addition to and not in lieu of any other amounts authorized to be appropriated under title II of the Federal Water Pollution Control Act.101 

### STAT. 86

33 USC 1375 note. Pollution.

33 USC 1251 note.

33 USC 1375 note.

33 USC 1281.

Ante, p. 20.

33 USC 1375 note. Pollution.

33 USC 1314. 

### PUBLIC LAW 100-4-FEB. 4, 1987

SEC. 516.STUDY OF DE MINIMIS DISCHARGES. (a) STUDY.-The Administrator shall conduct astudy of discharges of pollutants into the navigable waters and their regulation under the Federal Water Pollution Control Act to determine whether or not there are discharges of pollutants into such waters in amounts which, in terms of volume, concentration, and type of pollutant, are not significant and to determine the most effective and appropriate methods of regulating any such discharges. (b) REPORT.-Not later than 1year after the date of the enactment of this Act, 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 results of such study along with recommendations and findings concerning the most effective and appropriate methods of regulating any discharges of pollutants into the navigable waters in amounts which the Administrator determines under such study to be not significant.

SEC. 517. STUDY OF EFFECTIVENESS OF INNOVATIVE AND ALTERNATIVE

PROCESSES AND TECHNIQUES. (a) EFFECTIVENESS STUDY.-The Administrator shall study the effectiveness on waste treatment of innovative and alternative wastewater treatment processes and techniques referred to in section 201(g)(5)of the Federal Water Pollution Control Act which have been utilized in treatment works constructed under such Act. In conducting such study, the Administrator shall compile information, by State, on the types of such processes and techniques utilized, on the number of facilities constructed with such processes and techniques, and a description of such processes and techniques which have not performed to design standards. The Administrator shall also determine which States have not obligated the full amount set aside under section 205(i) of such Act for such processes and techniques and the reasons for each such State’s failure to make such obligations. (b) REPORT.-Not later than one year after the date of the enactment of this Act, 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 results of such study, along with recommendations for providing more effective incentives for innovative and alternative wastewater treatment processes and techniques.

SEC. 518.STUDY OF TESTING PROCEDURES. (a) STUDY.-The Administrator shall study the testing procedures for analysis of pollutants established under section 304(h) of the Federal Water Pollution Control Act. Such study shall include, but not be limited to, an analysis of the adequacy and standardization of such procedures. In conducting the analysis of the standardization of such procedures, the Administrator shall consider the extent to which such procedures are consistent with comparable procedures established under other Federal laws. (b) REPORT.-Not later than 1year after the date of the enactment of this Act, the Administrator shall submit a report on the results of the study conducted under this subsection, together with recommendations for modifying the test procedures referred to in subsection (a) to improve their effectiveness, to the Committee on Public Works and Transportation of the House of Representativesy of discharges klation under
ne whether or ?rs in amounts f pollutant, are nd appropriate

the enactment Committee on tepresentatives
sof the Senate :ommendations priate methods lvigable waters der such study

1 ALTERNATIVE

1911study the nd alternative ,rred to in sec1ctwhich have

r such Act. In le information, les utilized, on ases and techhniques which nistrator shall ull amount set !ssesand techto make such

eof the enact- ;he Committee of Representa-

:Works of the ong with recfor innovative id techniques.

:ng procedures 304(h) of the 11include, but tdardization of ldardization of the extent to )le procedures

the enactment Ithe results of

ner with rec- *eferred to in Committee on epresentatives 

### PUBLIC LAW lOO-4-FEB. 4, 198’7 101STAT. 8’7

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

SEC. 519. STUDY OF PRETREATMENT OF TOXIC POLLUTANTS. (a) STUDY.-The Administrator shall study- (1) the adequacy of data on environmental impacts of toxic industrial pollutants discharged from publicly owned treatment works; (2)the extent to which secondary treatment at publicly owned treatment works removes toxic pollutants; (3)the capability of publicly owned treatment works to revise pretreatment requirements under section 307(b)(l) of the Federal Water Pollution Control Act; (4)possible alternative regulatory strategies for protecting the operations of publicly owned treatment works from industrial discharges, and shall evaluate the extent to which each such strategy identified may be expected to achieve the goals of this Act; (5)for each such alternative regulatory strategy, the extent to which removal of toxic pollutants by publicly owned treatment works results in contamination of sewage sludge and the extent to which pretreatment requirements may prevent such contamination or improve the ability of publicly owned treatment works to comply with sewage sludge criteria developed under section 405of the Federal Water Pollution Control Act; and (6) the adequacy of Federal, State, and local resources to establish, implement, and enforce multiple pretreatment limits for toxic pollutants for each such alternative strategy. (b) REP&T.-Not later than 4 years after the date of the enactment of this Act, the Administrator shall submit a report on the results of such study along with recommendations for improving the effectiveness of pretreatment requirements to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate.

SEC. 520.STUDIES OF WATER POLLUTION PROBLEMS IN AQUIFERS. (a) STUDIES.-The Administrator, in conjunction with State and local agencies and after providing an opportunity for full public participation, shall conduct studies for the purpose of identifying existing and potential point and nonpoint sources of pollution, and of identifying measures and practices necessary to control such

sources of pollution, in the following groundwater systems and aquifers: (1) the groundwater system of the Upper Santa Cruz Basin and the Avra-Altar Basin of Pima, Pinal, and Santa Cruz Counties, Arizona; (2) the Spokane-Rathdrum Valley Aquifer, Washington and Idaho; (3) the Nassau and Suffolk Counties Aquifer, New York; (4)the Whidbey Island Aquifer, Washington; (5) the Unconsolidated Quaternary Aquifer, Rockaway River area, New Jersey; (6) contaminated ground water under Litchfield, Hartford, Fairfield, Tolland, and New Haven counties, Connecticut; and (7)the Sparta Aquifer, Arkansas. 33 USC 1375 note.

33 USC 1317.

33 USC 1345. State and local governments

33 USC 1375 note. State and local governments.

Arizona.

Washington. Idaho.

New York.

New Jersey.

Connecticut.

Arkansas.101 STAT. 88

42 USC 1962d-20 note. Fish and fishing. Environmental protection.

33 USC 1251 note.

33 USC 1375 note. PUBLIC LAW lOO-4-FEB. 4, 1987

(b) I&oRTs.-Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the studies conducted under this section. (cl AUTHORIZATIONOFAPPROPRIATIONS.-There is authorized to be appropriated $7,000,000 for fiscal years beginning after September 30,1986, to carry out this section.
SEC. 521.GREATLAKESCONSUMPTIVE USESTUDY. (al STUDY OFCONSUMPTIVEUSES .-In recognition of the serious impacts on the Great Lakes environment that may occur asa result of increased consumption of Great Lakes water, including loss of wetlands and reduction of fish spawning and habitat areas, as well
as serious economic losses to vital Great Lakes industries, and in recognition of the national goal to provide environmental protection and preservation of our natural resources while allowing for continued economic growth, the Secretary of the Army in cooperation with the Administrator, other interested departments, agencies, and instrumentalities of the United States, and the eight Great Lakes States, is authorized to conduct astudy of the effects of Great Lakes water consumption on economic growth and environmental quality in the Great Lakes region and of control measures that can be implemented to reduce the quantity of water consumed. (b)MATTERSINCLUDED.-The study authorized by this section shall at a minimum include the following: (1)a review of the methodologies used to forecast Great Lakes consumptive uses, including an analysis of the sensitivity of key variables affecting such uses; (2) an analysis of the effect that enforcement of provisions of the Federal Water Pollution Control Act relating to thermal discharges has had on consumption of Great Lakes water; (3) an analysis of the effect of laws, re lations, and national policy objectives on consumptive uses of tY reat Lakes water used in manufacturing; (4)an analysis of the associated environmental impacts and of the economic effects on industry and other interests in the Great Lakes region associated with individual consumptive use control strategies; and (5) a summary discussion containing recommendations for methods of controlling consumptive uses which methods maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well asother industries which depend on the use of Great Lakes water. (c) GREAT LAKES STATESDEnNED.-For purposes of this section, the term “Great Lakes States” means Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana, Pennsylvania, and New York. (d)AUTHORIZATIONOFAPPROPRIATIONS.-There is authorized to be appropriated for fiscal years beginning after September 30, 1986, $750,000 to carry out this section. Sums appropriated under this section shall remain available until expended.
SEC.522. SULFIDECORROSION

STUDY. (a) STunY.-The Administrator shall conduct a study of the corrosive effects of sulfides in collection and treatment systems, the extent to which the uniform imposition of categorical pretreatment standards will exacerbate such effects, and the range of available options to deal with such effects.e of the enactto Congress a

athorized to be after Septemof the serious
:cur as a result eluding loss of ;areas, as well ustries, and in ntal protection ‘owing for conin cooperation ;,agencies, and lt Great Lakes of Great Lakes mental quality ?sthat can be -N?d. lis section shall (4 REPORT.-Not later than 1year after the date of the enactment of this Act, the Administrator shall submit a report on the results of the study, together with recommendations for measures to reduce the corrosion of treatment works, to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. (d) AUTHORIZATIONOFAPPROPRIATIONS.-There is authorized to be appropriated $l,OOO,OOO to carry out this section for fiscal years beginning after September 30,1986. SEC.523.STUDY OF RAINFALL INDUCED INFILTRATION INTO SEWER

SYSTEMS. (a) STUDY.-The Administrator shall study problems associated with rainfall induced infiltration into wastewater treatment sewer systems. As part of such study, the Administrator shall study appropriate methods of regulating rainfall induced infiltration into the

sewer system of the East Bay Municipal Utility District, California.

Ist Great Lakes nsitivity of key (b) REPORT.-Not later than one year after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the results of such study, along with recommendations on reasonable methods to reduce such infiltration.
SEC.521. DAMWATERQUALITY STUDY.

af provisions of The Administrator, in cooperation with interested States and ing to thermal Federal agencies, shall study and monitor the effects on the quality 2swater; of navigable waters attributable to the impoundment of water by
s,and national dams. The results of such study shall be submitted to Congress not tkeswater used later than December 31,198’7.

impacts and of lterests in the lnsumptive use SEC. 525. STUDYOFPOLLUTIONIN LAKEPENDOREILLE, IDAHO.

nendations for methods maxialso provide for ; industries as of Great Lakes The Administrator shall conduct a comprehensive study of the

sources of pollution in Lake Pend Oreille, Idaho, and the Clark Fork River and its tributaries, Idaho, Montana, and Washington, for the purpose of identifying the sources of such pollution. In conducting such study, the Administrator shall consider existing studies, surveys, and test results concerning such pollution. The Administrator shall report to Congress the findings and recommendations concerning the study conducted under this section.

of this section, Wisconsin, IllivYork. uthorized to be mber 30, 1986, ted under this JIM WRIGHT Speaker of the House of Representatives.

JOHN C. STENNIS President of the Senate pro tempore.

dy of the corrot systems, the 11 pretreatment ge of available 

### PUBLIC LAW lOO-4-FEB. 4, 1987 101STAT. 89

(b) CONSULTATION.-The study required by this section shall be conducted in consultation with the Los Angeles City and County sanitation agencies.

IN THE HOUSE OF REPRESENTATIVES, U.S.,

February 3, 1987:
The House of Representatives having proceeded to reconsider the bill (H.R. 1) entitled “An Act to amend the Federal Water Pollution Control Act to provide for the California.

33 USC 1375 note.

California.

33 USC 1375 note. State and local governments.

33 USC 1375 note. Montana. Washington.

Reports.

### 101 STAT. 90 PUBLIC LAW lOO-4-FEB. 4,1987

renewal of the quality of the Nation’s waters, and for other purposes”, returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resold, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same.
DONNALD K. ANDERSON Clerk.

I certify that this Act originated in the House of Representatives. DONNALD K. ANDERSON

Clerk.

IN THE SENATE OF THE UNITED STATES,

February 4, 1987.
The Senate having proceeded to reconsider the bill (H.R. 1) entitled “An Act to amend the Federal Water Pollution Control Act to provide for the renewal of the quality of the Nation’s waters, and for other purposes”, returned by the President of the United States with his objections, to the House of Representatives in which it originated, and passed by the House of Representatives on reconsideration of the
same, it was Resolued, That the said bill pass, twothirds of the Senators present having voted in the affirmative. Attest:

WALTER J. STEWART Secretary

LEGISLATIVE HISTORY-H.R. 1(S. 1)(S. 761:

CONGRESSIONAL RECORD, Vol. 133 (198’71: Jan. 8,considered and passed House. Jan. 14,16,20,21, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (19871: Jan. 30, Presidential veto messages. CONGRESSIONAL RECORD, Vol. 133 (19871: Feb. 3, House overrode veto. Feb. 4, Senate overrode veto.