II

103D CONGRESS

2D SESSION S. 1985

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

MARCH 25 (legislative day, FEBRUARY 22), 1994

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’’.
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S 1985 IS

1 SEC. 2. BIOLOGICAL MONITORING FOR PUBLICLY OWNED

2 TREATMENT WORKS.

3 (a) Section 303(c)(2)(B) of the Federal Water Pollu4 tion Control Act (33 U.S.C. 1313(c)(2)(B)) is amended

5 by inserting at the end thereof ‘‘, Provided: That for pub6 licly owned treatment works, nothing in this Act shall be

7 construed to authorize the use of effluent limitations

8 which result in finding of a violation upon failure of whole

9 effluent toxicity tests or biological monitoring tests’’.

10 (b) Section 303 of the Federal Water Pollution Con11 trol Act (33 U.S.C. 1313) is amended by adding the fol12 lowing new subsection after (c)(2)(B) and renumber sub13 sequent paragraphs accordingly:

14 ‘‘(C) Where the permitting authority determines that

15 the discharge of a publicly owned treatment works causes,

16 has the reasonable potential to cause, or contributes to

17 an instream excursion above a narrative or numeric cri18 terion for whole effluent toxicity, the permit shall contain

19 terms, conditions or limitations for biological monitoring

20 or whole effluent toxicity tests which shall provide for a

21 process for the identification and reduction of the cause

22 of the whole effluent toxicity including procedures for end23 ing the identification and reduction of such toxicity if the

24 source or cause of the toxicity cannot be located, and

25 measures to control such toxicity in accordance with a rea26 sonable schedule.’’.
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1 (c) Section 301(b)(1)(C) of the Federal Water Pollu2 tion Control Act (33 U.S.C. 1311(b)(1)(C)) is amended

3 by inserting ‘‘or permit condition’’ after ‘‘limitation’’.

4 (d) Section 304(a)(8) of the Federal Water Pollution

5 Control Act (33 U.S.C. 1314(a)(8)) is amended by insert6 ing ‘‘, consistent with section 303(c)(2) (B) and (C) of

7 this Act,’’ after ‘‘publish’’.

8 (e) Section 402 of the Federal Water Pollution Con9 trol Act is amended by adding the following new section

10 at the end thereof:

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

12 EFFLUENT TOXICITY TESTING AT PUBLICLY OWNED

13 TREATMENT WORKS.—Where the administrator deter14 mines that it is necessary in accordance with Section

15 303(c)(2) (B) and (C) of this Act to include biological

16 monitoring, tests or assessment methods or whole effluent

17 toxicity tests as a term or condition in a permit issued

18 to a publicly owned treatment works pursuant to this sec19 tion, such permit terms and conditions shall be in accord20 ance with Section 303(c)(2)(C) of this Act, and the failure

21 of biological monitoring tests or whole effluent toxicity

22 tests shall not result in a finding of violation.’’.

23 (f) Section 502(11) of the Federal Water Pollution

24 Control Act (33 U.S.C. 1362(11)) is amended to read as

25 follows:
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1 ‘‘(11) The terms ‘effluent limitation’ and ‘effluent

2 limit’ shall mean any restriction established by a State or

3 the Administrator on quantities, rates, and concentrations

4 of chemical, physical, biological, and other constituents

5 which are discharged from point sources into navigable

6 waters, the waters of the contiguous zone, or the ocean,

7 including schedules of compliance as established through

8 permit conditions, enforcement orders, or consent

9 decrees.’’.

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