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103D CONGRESS

1ST SESSION H. R. 3213

To amend the Federal Water Pollution Control Act to provide for the use

of biological monitoring and whole effluent toxicity tests in connection

with publicly owned treatment works, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 5, 1993

Mr. HEFLEY (for himself, Mr. PASTOR, Mr. KYL, Mr. SCHAEFER, Mr. SKEEN,

and Mr. DOOLITTLE) introduced the following bill; which was referred to

the Committee on Public Works and Transportation

A BILL

To amend the Federal Water Pollution Control Act to provide for the use of biological monitoring and whole effluent toxicity tests in connection with publicly owned treatment works, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Publicly Owned Treat5 ment Works Biological Monitoring Use Act’’.
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1 SEC. 2. USE OF BIOLOGICAL MONITORING FOR PUBLICLY

2 OWNED TREATMENT WORKS.

3 (a) Section 303(c)(2)(B) of the Federal Water Pollu4 tion Control Act is amended by striking at the end thereof,

5 the ‘‘.’’ and inserting a ‘‘:’’, and adding the following:

6 ‘‘Provided, That for publicly owned treatment works, noth7 ing in this Act shall be construed to authorize the use of

8 effluent limitations which result in the finding of a viola9 tion upon failure of whole effluent toxicity tests or biologi10 cal monitoring tests.

11 ‘‘(C) Where the permitting authority determines

12 that the discharge of a publicly owned treatment

13 works causes, has the reasonable potential to cause,

14 or contributes to an in-stream excursion above a

15 narrative or numeric criterion for whole effluent tox16 icity, the permit shall contain terms, conditions or

17 limitations for biological monitoring or whole efflu18 ent toxicity tests which shall provide for the follow19 ing process:

20 ‘‘(i) The conduct of periodic biological

21 monitoring or whole effluent toxicity tests.

22 ‘‘(ii) Procedures for the identification and

23 reduction of the cause of the whole effluent tox24 icity if such toxicity is determined to exist.

25 ‘‘(iii) The control of the toxicity in accord26 ance with a reasonable schedule based on the
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1 relative importance of, and adverse impacts on,

2 receiving waters and designated uses, and the

3 permittee’s financial capability.

4 ‘‘(iv) Procedures for ending the identifica5 tion and reduction of the whole effluent toxicity

6 if the source or cause of the toxicity can not be

7 located or resolved.

8 ‘‘(v) Compliance with all other remaining

9 permit terms and conditions.’’.

10 Subsequent paragraphs shall be renumbered accordingly.

11 (b) MORE STRINGENT STATE LIMITATIONS.—Sec12 tion 301(b)(1)(C) of the Federal Water Pollution Control

13 Act (33 U.S.C. 1311(b)(1)(C)) is amended by inserting

14 ‘‘or permit condition’’ after ‘‘limitation’’.

15 (c) INFORMATION ON WATER QUALITY CRITERIA.—

16 Section 304(a)(8) of the Federal Water Pollution Control

17 Act (33 U.S.C. 1314(a)(8)) is amended by inserting ‘‘,

18 consistent with section 303(c)(2) (B) and (C) of this Act,’’

19 after ‘‘publish’’.

20 (d) USE OF BIOLOGICAL MONITORING OR WHOLE

21 EFFLUENT TOXICITY TESTING.—Section 402 of the Fed22 eral Water Pollution Control Act is amended by adding

23 the following new section at the end thereof:

24 ‘‘(q) USE OF BIOLOGICAL MONITORING OR WHOLE

25 EFFLUENT TOXICITY TESTING.—Where the Adminis-
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1 trator determines that it is necessary in accordance with

2 section 303(c)(2) (B) and (C) of this Act to include bio3 logical monitoring, tests or assessment methods or whole

4 effluent toxicity tests as a term or condition in a permit

5 issued to a publicly owned treatment works pursuant to

6 this section, such permit terms and conditions shall be in

7 accordance with section 303(c)(2)(C) of this Act, and the

8 failure of biological monitoring tests or whole effluent tox9 icity tests shall not result in a finding of violation.’’.

10 (e) EFFLUENT LIMITATION DEFINED.—Section

11 502(11) of the Federal Water Pollution Control Act (33

12 U.S.C. 1362(11)) is amended to read as follows:

13 ‘‘(11) The terms ‘effluent limitation’ and ‘efflu14 ent limit’ shall mean any restriction established by

15 a State or the Administrator on quantities, rates,

16 and concentrations of chemical, physical, biological,

17 and other constituents which are discharged from

18 point sources into navigable waters, the waters of

19 the contiguous zone, or the ocean, including sched20 ules of compliance as established through permit

21 conditions, enforcement orders, or consent decrees.’’.

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