II

104TH CONGRESS

1ST SESSION S. 365

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 SENATE OF THE UNITED STATES

FEBRUARY 7 (legislative day, JANUARY 30), 1995

Mr. BROWN (for himself and Mr. CAMPBELL) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

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’’.
2

S 365 IS

1 SEC. 2. BIOLOGICAL MONITORING AT PUBLICLY OWNED

2 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 requiring biological monitoring or whole

18 effluent toxicity testing and establishing a process or

19 protocols for the identification and reduction of the

20 cause of the whole effluent toxicity including proce21 dures for ending the identification and reduction of

22 such toxicity if the source or cause of the toxicity

23 cannot be located.’’.

24 (b) INFORMATION ON WATER QUALITY CRITERIA.—

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

26 Act (33 U.S.C. 1314(a)(8)) is amended by inserting ‘‘,
3

S 365 IS

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

2 after ‘‘publish’’.

3 (c) USE OF BIOLOGICAL MONITORING OR WHOLE

4 EFFLUENT TOXICITY TESTING AT PUBLICLY OWNED

5 TREATMENT WORKS.—Section 402 of the Federal Water

6 Pollution Control Act is amended by adding the following

7 new section at the end thereof:

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

9 EFFLUENT TOXICITY TESTING AT PUBLICLY OWNED

10 TREATMENT WORKS.—Where the Administrator deter11 mines that it is necessary in accordance with section

12 303(c)(2) (B) and (C) of this Act to include biological

13 monitoring, whole effluent toxicity testing, or assessment

14 methods as a term, condition, or limitation in a permit

15 issued to a publicly owned treatment works pursuant to

16 this section, such permit term, condition, or limitation

17 shall be in accordance with section 303(c)(2) (B) and (C)

18 of this Act, and the failure of a biological monitoring test

19 or a whole effluent toxicity test at a publicly owned treat20 ment works shall not result in a finding of violation under

21 this Act.’’.

Æ