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1995 T64.23

So the amendment was not agreed to.

After some further time,

T64.23 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Mr. PALLONE:

Page 81, after line 1, insert the following:

(a) FINDING WITH RESPECT TO HARM CAUSED

BY VIOLATIONS.—Section 101 (33 U.S.C. 1251)

is further amended by adding at the end the

following:

‘‘(i) FINDING WITH RESPECT TO HARM

CAUSED BY VIOLATIONS.—Congress finds that

a discharge which results in a violation of

this Act or a regulation, standard, limitation, requirement, or order issued pursuant

to this Act interferes with the restoration

and maintenance of the chemical, physical,

and biological integrity of any waters into

which the discharge flows (either directly or

through a publicly owned treatment works),

including any waters into which the receiving waters flow, and, therefore, harms those

who use or enjoy such waters and those who

use or enjoy nearby lands or aquatic resources associated with those waters.

‘‘(j) FINDING WITH RESPECT TO CITIZEN

SUITS.—Congress finds that citizen suits are

a valuable means of enforcement of this Act

and urges the Administrator to take actions

to encourage such suits, including providing

information concerning violators to citizen

groups to assist them in bringing suits, providing expert witnesses and other evidence

with respect to such suits, and filing amicus

curiae briefs on important issues related to

such suits.’’.

(b) VIOLATIONS OF REQUIREMENTS OF LOCAL

CONTROL AUTHORITIES.—Section 307(d) (33

U.S.C. 1317(d)) is amended by striking the

first sentence and inserting the following:

‘‘After the date on which (1) any effluent

standard or prohibition or pretreatment

standard or requirement takes effect under

this section or any requirement imposed in a

pretreatment program under section 402(a)(3)

or 402(b)(8) of this Act takes effect, it shall

be unlawful for any owner or operator of any

source to operate such source in violation of

the effluent standard, prohibition,

pretreatment standard, or requirement.’’.

(c) INSPECTIONS, MONITORING, AND PROVIDING INFORMATION.—

(1) APPLICABILITY OF REQUIREMENTS.—Section 308(a) (33 U.S.C. 1318(a)) is amended by

striking ‘‘the owner or operator of any point

source’’ and inserting ‘‘a person subject to a

requirement of this Act’’.

(2) PUBLIC ACCESS TO INFORMATION.—The

first sentence of section 308(b) is amended—

(A) by inserting ‘‘(including information

contained in the Permit Compliance System

of the Environmental Protection Agency)’’

after ‘‘obtained under this section’’;

(B) by inserting ‘‘made’’ after ‘‘shall be’’;

and

(C) by inserting ‘‘by computer telecommunication and other means’’ after

‘‘public’’ the first place it appears.

(3) PUBLIC INFORMATION.—Section 308 is further amended by adding at the end the following:

‘‘(e) PUBLIC INFORMATION.—

‘‘(1) POSTING OF NOTICE OF POLLUTED WATERS.—At each major point of public access

(including, at a minimum, beaches, parks,

recreation areas, marinas, and boat launching areas) to a body of navigable water that

does not meet an applicable water quality

standard or that is subject to a fishing and

shell fishing ban, advisory, or consumption

restriction (issued by a Federal, State, or

local authority) due to fish or shellfish contamination, the State within which boundaries all or any part of such body of water

lies shall, either directly or through local

authorities, post and maintain a clearly visible sign which—

‘‘(A) indicates the water quality standard

that is being violated or the nature and extent of the restriction on fish or shellfish

consumption, as the case may be;

‘‘(B) includes (i) information on the environmental and health effects associated with

the failure to meet such standard or with the

consumption of fish or shellfish subject to

the restriction, and (ii) a phone number for

obtaining additional information relating to

the violation and restriction; and

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

water is in compliance with the water quality standard or until all fish and shellfish

consumption restrictions are terminated

with respect to the body of water, as the case

may be.

‘‘(2) NOTICE OF DISCHARGES TO NAVIGABLE

WATERS.—Except for permits issued to municipalities for discharges composed entirely

of stormwater under section 402 of this Act,

each permit issued under section 402 by the

Administrator or by a State shall ensure

compliance with the following requirements:

‘‘(A) Every permittee shall conspicuously

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

that the facility discharges pollutants into

navigable waters and the location of such

discharges; the name, business address, and

phone number of the permittee; the permit

number; and a location at which a copy of

the permit and public information required

by this paragraph is maintained and made

available for inspection or a phone number

for obtaining such information.

‘‘(B) Each permittee which is a publicly

owned treatment works shall include in each

quarterly mailing of a bill to each customer

of the treatment works information which

indicates that the treatment works discharges pollutants into the navigable waters

and the location of each of such discharges;

the name, business address and phone number of the permittee; the permit number; a

location at which a copy of the permit and

public information required by this paragraph is maintained and made available for

inspection or a phone number for obtaining

such information; and a list of all violations

of the requirements of the permit by the

treatment works over the preceding 12-

month period.

‘‘(3) REGULATIONS.—

‘‘(A) ISSUANCE.—The Administrator—

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

of the enactment of this subsection, shall

propose regulations to carry out this subsection; and

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

date of enactment, shall issue such regulations.

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

carry out this subsection shall establish—

‘‘(i) uniform requirements and procedures

for identifying and posting bodies of water

under paragraph (1);

‘‘(ii) minimum information to be included

in signs posted and notices issued pursuant

to this subsection;

‘‘(iii) uniform requirements and procedures

for fish and shellfish sampling and analysis;

‘‘(iv) uniform requirements for determining the nature and extent of fish and

shellfish bans, advisories, and consumption

restrictions which—

‘‘(I) address cancer and noncancer human

health risks;

‘‘(II) take into account the effects of all

fish and shellfish contaminants, including

the cumulative and synergistic effects;

‘‘(III) assure the protection of subpopulations who consume higher than average

amounts of fish and shellfish or are particularly susceptible to the effects of such contamination;

‘‘(IV) address race, gender, ethnic composition, or social and economic factors, based

on the latest available studies of national or

regional consumption by and impacts on

such subpopulations unless more reliable

site-specific data is available;

‘‘(V) are based on a margin of safety that

takes into account the uncertainties in

human health impacts from such contamination; and

‘‘(VI) evaluate assessments of health risks

of contaminated fish and shellfish that are

used in pollution control programs developed

by the Administrator under this Act.’’.

(4) STATE REPORTS.—Section 305(b)(1) (33

U.S.C. 1315(b)(1)) is amended—

(A) by striking ‘‘and’’ at the end of subparagraph (D);

(B) by striking the period at the end of

subparagraph (E) and inserting ‘‘; and’’; and

(C) by adding at the end the following:

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

which signs were posted under section

308(e)(1) in the preceding year.’’.

(d) CIVIL PENALTIES.—

(1) ENFORCEMENT OF LOCAL PRETREATMENT

REQUIREMENTS.—

(A) COMPLIANCE ORDERS.—

(i) INITIAL ACTION.—Section 309(a)(1) (33

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

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

violation of any requirement imposed in a

pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act,’’.

(ii) ISSUANCE OF ORDERS.—Section 309(a)(3)

is amended by inserting before ‘‘he shall’’

the following: ‘‘or is in violation of any requirement imposed in a pretreatment program approved under section 402(a)(3) or

402(b)(8) of this Act,’’.

(B) CRIMINAL PENALTIES.—Section

309(c)(3)(A) is amended by inserting before

‘‘and who knows’’ the following: ‘‘or knowingly violates any requirement imposed in a

pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act,’’.

(C) ADMINISTRATIVE PENALTIES.—Section

309(g)(1) is amended by inserting after ‘‘or by

a State,’’ the following: ‘‘or has violated any

requirement imposed in a pretreatment program approved under section 402(a)(3) or

402(b)(8) of this Act or an order issued by the

Administrator under subsection (a) of this

section,’’.

(2) TREATMENT OF SINGLE OPERATIONAL UPSETS.—

(A) CRIMINAL PENALTIES.—Section 309(c) is

amended by striking paragraph (5) and redesignating paragraphs (6) and (7) as paragraphs

(5) and (6), respectively.

(B) CIVIL PENALTIES.—Section 309(d) is

amended by striking the last sentence.

(C) ADMINISTRATIVE PENALTIES.—Section

309(g)(3) is amended by striking the last sentence.

(3) USE OF CIVIL PENALTIES FOR MITIGATION

PROJECTS.—

(A) IN GENERAL.—Section 309(d) is amended

by inserting after the second sentence the

following: ‘‘The court may, in the court’s

discretion, order that a civil penalty be used

for carrying out mitigation projects which

are consistent with the purposes of this Act

and which enhance the public health or environment.’’.

(B) CONFORMING AMENDMENT.—Section

505(a) (33 U.S.C. 1365(a)) is amended by inserting before the period at the end of the

last sentence the following: ‘‘, including ordering the use of a civil penalty for carrying

out mitigation projects’’.

(4) DETERMINATION OF AMOUNT OF PENALTIES.—

(A) CIVIL PENALTIES.—Section 309(d) (33

U.S.C. 1319(d)) is amended by inserting ‘‘the

amount of any penalty previously imposed

on the violator by a court or administrative
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688

T64.23 MAY 11

agency for the same violation or violations,’’

after ‘‘economic impact of the penalty on the

violator,’’.

(B) ADMINISTRATIVE PENALTIES.—Section

309(g)(3) is amended—

(i) by striking ‘‘or savings’’; or

(ii) by inserting ‘‘the amount of any penalty previously imposed on the violator by a

court or administrative agency for the same

violation or violations,’’ after ‘‘resulting

from the violation,’’.

(5) LIMITATION ON DEFENSES.—Section

309(g)(1) is amended by adding at the end the

following: ‘‘In a proceeding to assess or review a penalty under this subsection, the

adequacy of consultation between the Administrator or the Secretary, as the case

may be, and the State shall not be a defense

to assessment or enforcement of such penalty.’’.

(6) AMOUNTS OF ADMINISTRATIVE CIVIL PENALTIES.—

(A) GENERAL RULE.—Section 309(g)(2) is

amended to read as follows:

‘‘(2) AMOUNT OF PENALTIES; NOTICE; HEARING.—

‘‘(A) MAXIMUM AMOUNT OF PENALTIES.—The

amount of a civil penalty under paragraph

(1) may not exceed $25,000 per violation per

day for each day during which the violation

continues.

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

order assessing a civil penalty under this

subsection, the Administrator shall give to

the person to be assessed the penalty written

notice of the Administrator’s proposal to

issue the 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.

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

proposed penalty does not exceed $25,000, the

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.

‘‘(D) HEARINGS ON THE RECORD.—If the proposed penalty exceeds $25,000, the hearing

shall be on the record in accordance with

section 554 of title 5, United States Code. The

Administrator may issue rules for discovery

procedures for hearings under this subparagraph.’’.

(B) CONFORMING AMENDMENTS.—Section

309(g) is amended—

(i) in paragraph (1) by striking ‘‘class I

civil penalty or a class II’’;

(ii) in the second sentence of paragraph

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

class I civil penalty and paragraph (2)(B) in

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

(iii) in the first sentence of paragraph (8)

by striking ‘‘assessment—’’ and all that follows through ‘‘by filing’’ and inserting ‘‘assessment in the United States District Court

for the District of Columbia or in the district

in which the violation is alleged to have occurred by filing’’.

(7) STATE ENFORCEMENT ACTIONS AS BAR TO

FEDERAL ENFORCEMENT ACTIONS.—Section

309(g)(6)(A) is amended—

(A) by inserting ‘‘or’’ after the comma at

the end of clause (i);

(B) by striking clause (ii); and

(C) in clause (iii)—

(i) by striking ‘‘or the State’’; and

(ii) by striking ‘‘or such comparable State

law, as the case may be,’’.

(8) RECOVERY OF ECONOMIC BENEFIT.—Section 309 is amended by adding at the end the

following:

‘‘(h) RECOVERY OF ECONOMIC BENEFIT.—

‘‘(1) GENERAL RULE.—Notwithstanding any

other provision of this section, any civil penalty assessed and collected under this section must be in an amount which is not less

than the amount of the economic benefit (if

any) resulting from the violation for which

the penalty is assessed.

‘‘(2) REGULATIONS.—Not later than 2 years

after the date of the enactment of this subsection, the Administrator shall issue regulations establishing a methodology for calculating the economic benefits or savings resulting from violations of this Act. Pending

issuance of such regulations, this subsection

shall be in effect and economic benefits shall

be calculated for purposes of paragraph (1) on

a case-by-case basis.’’.

(9) LIMITATION ON COMPROMISES.—Section

309 is further amended by adding at the end

the following:

‘‘(i) LIMITATION ON COMPROMISES OF CIVIL

PENALTIES.—Notwithstanding any other provision of this section, the amount of a civil

penalty assessed under this section may not

be compromised below the amount determined by adding—

‘‘(1) the minimum amount required for recovery of economic benefit under subsection

(h), to

‘‘(2) 50 percent of the difference between

the amount of the civil penalty assessed and

such minimum amount.’’.

(10) MINIMUM AMOUNT FOR SERIOUS VIOLATIONS.—Section 309 is further amended by

adding at the end the following:

‘‘(j) MINIMUM CIVIL PENALTIES FOR SERIOUS

VIOLATIONS AND SIGNIFICANT NONCOMPLIERS.—

‘‘(1) SERIOUS VIOLATIONS.—Notwithstanding

any other provision of this section (other

than paragraph (2)), the minimum civil penalty which shall be assessed and collected

under this section from a person—

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

a hazardous pollutant which exceeds or otherwise violates any applicable effluent limitation established by or under this Act by 20

percent or more, or

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

a pollutant (other than a hazardous pollutant) which exceeds or otherwise violates any

applicable effluent limitation established by

or under this Act by 40 percent or more,

shall be $1,000 for the first such violation in

a 180-day period.

‘‘(2) SIGNIFICANT NONCOMPLIERS.—Notwithstanding any other provision of this section,

the minimum civil penalty which shall be assessed and collected under this section from

a person—

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

180-day period from a point source of a hazardous pollutant which exceeds or otherwise

violates any applicable effluent limitation

established by or under this Act by 20 percent or more,

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

180-day period from a point source of a pollutant (other than a hazardous pollutant)

which exceeds or otherwise violates any applicable effluent limitation established by or

under this Act by 40 percent or more,

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

180-day period from a point source of any

pollutant which exceeds or otherwise violates the same effluent limitation, or

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

more reports in accordance with section

402(r)(1),

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

‘‘(3) MANDATORY INSPECTIONS FOR SIGNIFICANT NONCOMPLIERS.—The Administrator

shall identify any person described in paragraph (2) as a significant noncomplier and

shall conduct an inspection described in section 402(q) of this Act of the facility at which

the violations were committed. Such inspections shall be conducted at least once in the

180-day period following the date of the most

recent violation which resulted in such person being identified as a significant noncomplier.

‘‘(4) ANNUAL REPORTING.—The Administrator shall transmit to Congress and to the

Governors of the States, and shall publish in

the Federal Register, on an annual basis a

list of all persons identified as significant

noncompliers under paragraph (3) in the preceding calendar year and the violations

which resulted in such classifications.

‘‘(5) HAZARDOUS POLLUTANT DEFINED.—For

purposes of this subsection, the term ‘hazardous pollutant’ has the meaning the term

‘hazardous substance’ has under subsection

(c)(7) of this section.’’.

(11) STATE PROGRAM.—Section 402(b)(7) (33

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

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

the permit program which shall include, beginning on the last day of the 2-year period

beginning on the date of the enactment of

the Clean Water Compliance and Enforcement Improvement Amendments Act of 1995,

a penalty program comparable to the Federal penalty program under section 309 of

this Act and which shall include at a minimum criminal, civil, and civil administrative penalties, and may include other ways

and means of enforcement, which the State

demonstrates to the satisfaction of the Administrator are equally effective as the Federal penalty program;’’.

(12) FEDERAL PROCUREMENT COMPLIANCE INCENTIVE.—Section 508(a) (33 U.S.C. 1368(a)) is

amended by inserting after the second

comma ‘‘or who is identified under section

309(j)(3) of this Act,’’.

(e) NATIONAL POLLUTANT DISCHARGE ELIMINATION PERMITS.—

(1) WITHDRAWAL OF STATE PROGRAM APPROVAL.—Section 402(b) (33 U.S.C. 1342(b)) is

amended by striking ‘‘unless he determines

that adequate authority does not exist:’’ and

inserting the following: ‘‘only when he determines that adequate authority exists and

shall withdraw program approval whenever

he determines that adequate authority no

longer exists:’’.

(2) JUDICIAL REVIEW OF RULINGS ON APPLICATIONS FOR STATE PERMITS.—Section 402(b)(3)

is amended by inserting ‘‘and to ensure that

any interested person who participated in

the public comment process and any other

person who could obtain judicial review of

that action under any other applicable law

has the right to judicial review of such ruling’’ before the semicolon at the end.

(3) INSPECTIONS FOR MAJOR INDUSTRIAL AND

MUNICIPAL DISCHARGERS.—Section 402(b) is

amended—

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

(B) by striking the period at the end of

paragraph (9) and inserting a semicolon; and

(C) by adding at the end the following:

‘‘(10) To ensure that any permit for a discharge from a major industrial or municipal

facility, as defined by the Administrator by

regulation, includes conditions under which

such facility will be subject to at least annual inspections by the State in accordance

with subsection (q) of this section;’’.

(4) MONTHLY REPORTS FOR SIGNIFICANT INDUSTRIAL USERS OF POTWS.—Section 402(b) is

further amended by adding at the end the

following:

‘‘(11) To ensure that any permit for a discharge from a publicly owned treatment

works in the State includes conditions under

which the treatment works will require any

significant industrial user of the treatment

works, as defined by the Administrator by

regulation, to prepare and submit to the Administrator, the State, and the treatment

works a monthly discharge monitoring report as a condition to using the treatment

works;’’.

(5) PERMITS REQUIRED FOR INTRODUCTION OF

POLLUTANTS INTO POTWS.—Section 402(b) is
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1995 T64.23

further amended by adding at the end the

following:

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

the 2-year period beginning on the date of

the enactment of this paragraph, any significant industrial user, or other source designated by the Administrator, introducing a

pollutant into a publicly owned treatment

works has, and operates in accordance with,

a permit issued by the treatment works or

the State for introduction of such pollutant;

and’’.

(6) GRANTING OF AUTHORITY TO POTWS FOR

INSPECTIONS AND PENALTIES.—Section 402(b)

is further amended by adding at the end the

following:

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

publicly owned treatment works in the

State, not later than 3 years after the date of

the enactment of this paragraph, authority,

power, and responsibility to conduct inspections under subsection (q) of this section and

to assess and collect civil penalties and civil

administrative penalties under paragraph (7)

of this subsection.’’.

(7) INSPECTION.—Section 402 is amended by

adding at the end the following:

‘‘(r) INSPECTION.—

‘‘(1) GENERAL RULE.—Each permit for a discharge into the navigable waters or introduction of pollutants into a publicly owned

treatment works issued under this section

shall include conditions under which the effluent being discharged will be subject to

random inspections in accordance with this

subsection by the Administrator or the

State, in the case of a State permit program

under this section.

‘‘(2) MINIMUM STANDARDS.—The Administrator shall establish minimum standards for

inspections under this subsection. Such

standards shall require, at a minimum, the

following:

‘‘(A) An annual representative sampling by

the Administrator or the State, in the case

of a State permit program under this section, of the effluent being discharged; except

that if the discharge is not from a major industrial or municipal facility such sampling

shall be conducted at least once every 3

years.

‘‘(B) An analysis of all samples collected

under subparagraph (A) by a Federal or

State owned and operated laboratory or a

State approved laboratory, other than one

that is being used by the permittee or that is

directly or indirectly owned, operated, or

managed by the permittee.

‘‘(C) An evaluation of the maintenance

record of any treatment equipment of the

permittee.

‘‘(D) An evaluation of the sampling techniques used by the permittee.

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

month period for the purpose of determining

whether or not such reports are consistent

with the applicable analyses conducted

under subparagraph (B).

‘‘(F) An inspection of the sample storage

facilities and techniques of the permittee.’’.

(8) REPORTING.—Section 402 is further

amended by adding at the end the following:

‘‘(s) REPORTING.—

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

permit issued under this section which is determined by the Administrator to be a major

industrial or municipal discharger of pollutants into the navigable waters shall prepare

and submit to the Administrator a monthly

discharge monitoring report. Any other person holding a permit issued under this section shall prepare and submit to the Administrator quarterly discharge monitoring reports or more frequent discharge monitoring

reports if the Administrator requires. Such

reports shall contain, at a minimum, such

information as the Administrator shall require by regulation.

‘‘(2) REPORTING OF HAZARDOUS DISCHARGES.—

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

point source for which a permit is issued

under this section exceeds an effluent limitation contained in such permit which is based

on an acute water quality standard or any

other discharge which may cause an exceedance of an acute water quality standard or

otherwise is likely to cause injury to persons

or damage to the environment or to pose a

threat to human health and the environment, the person holding such permit shall

notify the Administrator, in writing, of such

discharge not later than 2 hours after the

later of the time at which such discharge

commenced or the time at which the permittee knew or had reason to know of such

discharge.

‘‘(B) SPECIAL RULE FOR HAZARDOUS POLLUTANTS.—If a discharge described in subparagraph (A) is of a hazardous pollutant (as defined in section 309(j) of this Act), the person

holding such permit shall provide the Administrator with such additional information on the discharge as may be required by

the Administrator. Such additional information shall be provided to the Administrator

within 24 hours after the later of the time at

which such discharge commenced or the

time at which the permittee became aware

of such discharge. Such additional information shall include, at a minimum, an estimate of the danger posed by the discharge to

the environment, whether the discharge is

continuing, and the measures taken or being

taken (i) to remediate the problem caused by

the discharge and any damage to the environment, and (ii) to avoid a repetition of the

discharge.

‘‘(3) SIGNATURE.—All reports filed under

paragraph (1) must be signed by the highest

ranking official having day-to-day managerial and operational responsibility for the facility at which the discharge occurs or, in

the absence of such person, by another responsible high ranking official at such facility. Such highest ranking official shall be responsible for the accuracy of all information

contained in such reports; except that such

highest ranking official may file with the

Administrator amendments to any such report if the report was signed in the absence

of the highest ranking official by another

high ranking official and if such amendments are filed within 7 days of the return of

the highest ranking official.’’.

(9) LIMITATION ON ISSUANCE OF PERMITS TO

SIGNIFICANT NONCOMPLIERS.—Section 402 is

further amended by adding at the end the

following:

‘‘(t) SIGNIFICANT NONCOMPLIERS.—No permit may be issued under this section to any

person (other than a publicly owned treatment works) identified under section 309(j)(3)

of this Act or to any other person owned or

controlled by the identified person, owning

or controlling the identified person, or under

common control with the identified person,

until the Administrator or the State or

States in which the violation or violations

occur determines that the condition or conditions giving rise to such violation or violations have been corrected. No permit application submitted after the date of the enactment of this subsection may be approved unless the application includes a list of all violations of this Act by a person identified

under section 309(j) of this Act during the 3-

year period preceding the date of submission

of the application and evidence indicating

whether the underlying cause of each such

violation has been corrected.’’.

(10) APPLICABILITY.—The amendments

made by this subsection shall apply to permits issued before, on, or after the date of

the enactment of this Act; except that—

(A) with respect to permits issued before

such date of enactment to a major industrial

or municipal discharger, such amendments

shall take effect on the last day of the 1-year

period beginning on such date of enactment;

and

(B) with respect to all other permits issued

before such date of enactment, such amendments shall take effect on the last day of the

2-year period beginning on such date of enactment.

(f) EXPIRED STATE PERMITS.—Section 402(d)

(33 U.S.C. 1342(d)) is amended by adding at

the end the following:

‘‘(5) EXPIRED STATE PERMITS.—In any case

in which—

‘‘(A) a permit issued by a State for a discharge has expired,

‘‘(B) the permittee has submitted an application to the State for a new permit for the

discharge, and

‘‘(C) the State has not acted on the application before the last day of the 18-month

period beginning on the date the permit expired,

the Administrator may issue a permit for

the discharge under subsection (a).’’.

(g) COMPLIANCE SCHEDULE.—Section

302(b)(2)(B) (33 U.S.C. 1312(b)(2)(B)) is amended by adding at the end the following: ‘‘The

Administrator may only issue a permit pursuant to this subparagraph for a period exceeding 2 years if the Administrator makes

the findings described in clauses (i) and (ii)

of this subparagraph on the basis of a public

hearing.’’.

(h) EMERGENCY POWERS.—Section 504 (33

U.S.C. 1364) is amended to read as follows:

‘‘SEC. 504. COMMUNITY PROTECTION.

‘‘(a) ISSUANCE OF ORDERS; COURT ACTION.—

Notwithstanding any other provision of this

Act, whenever the Administrator finds that,

because of an actual or threatened direct or

indirect discharge of a pollutant, there may

be an imminent and substantial

endangerment to the public health or welfare

(including the livelihood of persons) or the

environment, the Administrator may issue

such orders or take such action as may be

necessary to protect public health or welfare

or the environment and commence a suit (or

cause it to be commenced) in the United

States district court for the district where

the discharge or threat occurs. Such court

may grant such relief to abate the threat

and to protect against the endangerment as

the public interest and the equities require,

enforce, and adjudge penalties for disobedience to orders of the Administrator issued

under this section, and grant other relief according to the public interest and the equities of the case.

‘‘(b) ENFORCEMENT OF ORDERS.—Any person

who, without sufficient cause, violates or

fails to comply with an order of the Administrator issued under this section, shall be liable for civil penalties to the United States in

an amount not to exceed $25,000 per day for

each day on which such violation or failure

occurs or continues.’’.

(i) CITIZEN SUITS.—

(1) SUITS FOR PAST VIOLATIONS.—Section 505

(33 U.S.C. 1365) is amended—

(A) in subsection (a)(1) by inserting ‘‘to

have violated or’’ after ‘‘who is alleged’’;

(B) in subsection (b)(1)(A)(ii) by striking

‘‘occurs’’ and inserting ‘‘has occurred or is

occurring’’; and

(C) in subsection (f)(6) by inserting ‘‘has

been or’’ after ‘‘which’’.

(2) TIME LIMIT.—Section 505(b)(1)(A) is

amended by striking ‘‘60 days’’ and inserting

‘‘30 days’’.

(3) EFFECT OF JUDGMENTS ON CITIZEN

SUITS.—Section 505(b) is further amended—

(A) in paragraph (1)(B)—

(i) by striking ‘‘, or a State’’; and

(ii) by striking ‘‘right.’’ and inserting

‘‘right and may obtain costs of litigation

under subsection (d), or’’; and
JOURNAL OF THE

690

T64.24 MAY 11

(B) by adding at the end the following:

‘‘The notice under paragraph (1)(A) need set

forth only violations which have been specifically identified in the discharge monitoring reports of the alleged violator. An action by a State under subsection (a)(1) may

be brought at any time. No judicial action by

the Administrator or a State shall bar an action for the same violation under subsection

(a)(1) unless the action is by the Administrator and meets the requirements of this

paragrah. No administrative action by the

Administrator or a State shall bar a pending

action commenced after February 4, 1987, for

the same violation under subsection (a)(1)

unless the action by the Administrator or a

State meets the requirements of section

309(g)(6) of this Act.’’.

(4) CONSENT JUDGMENTS.—Section 505(c)(3)

is amended by adding at the end the following: ‘‘Consent judgments entered under

this section may provide that the civil penalties included in the consent judgment be

used for carrying out mitigation projects in

accordance with section 309(d).’’.

(5) PRETREATMENT REQUIREMENTS.—Section

505(f)(4) is amended by striking ‘‘or

pretreatment standards’’ and inserting ‘‘or

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

(6) EFFLUENT STANDARD DEFINITION.—Section 505(f)(6) is amended by inserting ‘‘narrative or mathematical’’ before ‘‘condition’’.

(7) DEFINITION OF CITIZEN.—Section 505(g) is

amended to read as follows:

‘‘(g) CITIZEN DEFINED.—For purposes of this

section, the term ‘citizen’ means a person or

persons having an interest (including a recreational, aesthetic, environmental, health,

or economic interest) which is, has been, or

may be adversely affected and includes a person who uses or enjoys the waters into which

the discharge flows (either directly or

through a publicly owned treatment works),

who uses or enjoys aquatic resources or nearby lands associated with the waters, or who

would use or enjoy the waters, aquatic resources, or nearby lands if they were less

polluted.’’.

(8) OFFERS OF JUDGMENT.—Section 505 is

further amended by adding at the end the

following:

‘‘(i) APPLICABILITY OF OFFERS OF JUDGMENT.—Offers of judgment pursuant to Rule

68 of the Federal Rules of Civil Procedure

shall not be applicable to actions brought

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

(j) ISSUANCE OF SUBPOENAS.—Section

509(a)(1) (33 U.S.C. 1369(a)(1)) is amended by

striking ‘‘obtaining information under section 305 of this Act, or carrying out section

507(e) of this Act,’’ and inserting ‘‘carrying

out this Act,’’.

(k) JUDICIAL REVIEW OF EPA ACTIONS.—

Section 509(b)(1) (33 U.S.C. 1369(b)(1)) is

amended—

(1) by inserting after the comma at the end

of clause (D) ‘‘including a decision to deny a

petition by interested person to veto an individual permit issued by a State,’’;

(2) by inserting after the comma at the end

of clause (E) ‘‘including a decision not to include any pollutant in such effluent limitation or other limitation if the Administrator

has or is made aware of information indicating that such pollutant is present in any

discharge subject to such limitation,’’; and

(3) by striking ‘‘and (G)’’ and inserting the

following: ‘‘(G) in issuing or approving any

water quality standard under section 303(c)

or 303(d), (H) in issuing any water quality

criterion under section 304(a), including a decision not to address any effect of the pollutant subject to such criterion if the Administrator has or is made aware of information

indicating that such effect may occur, and

(J)’’.

(l) NATIONAL CLEAN WATER TRUST FUND.—

(1) IN GENERAL.—Title V (33 U.S.C. 1361–

1377) is amended by redesignating section 519

as section 522 and by inserting after section

518 the following new section:

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

‘‘(a) CREATION OF TRUST FUND.—There is

established in the Treasury of the United

States a trust fund to be known as the ‘Clean

Water Trust Fund’.

‘‘(b) TRANSFERS TO TRUST FUND.—There

are hereby appropriated to the Clean Water

Trust Fund amounts equivalent to the penalties collected under section 309 of this Act

and the penalties collected under section

505(a) of this Act (excluding any amounts ordered to be used to carry out mitigation

projects under section 309 or 505(a), as the

case may be).

‘‘(c) ADMINISTRATION OF TRUST FUND.—The

Administrator shall administer the Clean

Water Trust Fund. The Administrator may

use moneys in the Fund to carry out inspections and enforcement activities pursuant to

this Act. In addition, the Administrator may

make such amounts of money in the Fund as

the Administrator determines appropriate

available to carry out title VI of this Act.’’.

(2) CONFORMING AMENDMENT TO STATE REVOLVING FUND PROGRAM.—Section 607 (33

U.S.C. 1387) is amended—

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

‘‘There is’’; and

(B) by adding at the end the following:

‘‘(b) TREATMENT OF TRANSFERS FROM

CLEAN WATER TRUST FUND.—For purposes of

this title, amounts made available from the

Clean Water Trust Fund under section 519 of

this Act to carry out this title shall be treated as funds authorized to be appropriated to

carry out this title and as funds made available under this title.’’.

(m) APPLICABILITY.—Sections 101(h),

309(g)(6)(A), 505(a)(1), 505(b), 505(g), and 505(i)

of the Federal Water Pollution Control Act,

as inserted or amended by this section, shall

be applicable to all cases pending under such

Act on the date of the enactment of this Act

and all cases brought on or after such date of

enactment relating to violations which occurred before such date of amendment.

Redesignate subsequent subsections of section 313 of the bill accordingly.

Page 81, line 4, strike ‘‘(h)’’ and insert

‘‘(k)’’.

Page 131, line 5, strike ‘‘(r)’’ and insert

‘‘(u)’’.

Page 188, line 21 strike ‘‘(s)’’ and insert

‘‘(v)’’.

Page 192, line 6, strike ‘‘(t)’’ and insert

‘‘(w)’’.

Page 216, line 11, strike ‘‘by’’ and all that

follows through ‘‘518’’ on line 13 and insert

‘‘by inserting after section 519’’.

Page 216, line 14, strike ‘‘519’’ and insert

‘‘520’’.

Page 217, line 7, strike ‘‘before’’ and all

that follows through the comma on line 8

and insert ‘‘after section 520’’.

Page 217, line 9, strike ‘‘520’’ and insert

‘‘521’’.

Page 321, line 3, strike ‘‘(8)’’ and insert

‘‘(7)’’.

It was decided in the Yeas ....... 106 ! negative ....................... Nays ...... 299

T64.24 [Roll No. 324]

AYES—106

Ackerman

Andrews

Becerra

Beilenson

Berman

Bonior

Borski

Brown (CA)

Brown (OH)

Bryant (TX)

Clay

Clayton

Clyburn

Coleman

Conyers

Coyne

DeFazio

DeLauro

Dellums

Deutsch

Dixon

Doggett

Durbin

Engel

Eshoo

Evans

Fields (LA)

Filner

Flake

Foglietta

Forbes

Ford

Fox

Frank (MA)

Frost

Furse

Gejdenson

Gephardt

Gibbons

Gonzalez

Green

Gutierrez

Hastings (FL)

Hinchey

Jackson-Lee

Johnson, E. B.

Johnston

Kaptur

Kennedy (MA)

Kennedy (RI)

Kildee

Lantos

Lewis (GA)

Lofgren

Lowey

Luther

Maloney

Markey

Martinez

McDermott

McHale

McKinney

Menendez

Mineta

Moran

Nadler

Oberstar

Olver

Owens

Pallone

Payne (NJ)

Pelosi

Rahall

Reynolds

Rivers

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Saxton

Schroeder

Scott

Serrano

Shays

Slaughter

Smith (NJ)

Stark

Stokes

Studds

Thompson

Thornton

Torricelli

Towns

Tucker

Velazquez

Vento

Visclosky

Ward

Waters

Watt (NC)

Waxman

Woolsey

Wyden

Wynn

Yates

NOES—299

Allard

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Bass

Bateman

Bentsen

Bereuter

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Brewster

Browder

Brown (FL)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeLay

Diaz-Balart

Dickey

Dingell

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Edwards

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Farr

Fawell

Fazio

Fields (TX)

Flanagan

Foley

Fowler

Franks (CT)

Franks (NJ)

Frelinghuysen

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Gordon

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hansen

Harman

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, Sam

Jones

Kanjorski

Kasich

Kelly

Kennelly

Kim

King

Kingston

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

LoBiondo

Longley

Lucas

Manton

Manzullo

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

McNulty

Meehan

Metcalf

Meyers

Mfume

Mica

Miller (FL)

Minge

Molinari

Mollohan

Montgomery

Moorhead

Morella

Murtha

Myers

Myrick

Neal

Nethercutt

Neumann

Ney

Norwood

Obey

Orton

Oxley

Packard

Parker

Paxon

Payne (VA)

Peterson (MN)

Petri