II

105TH CONGRESS

2D SESSION S. 1923

To amend the Federal Water Pollution Control Act to ensure compliance

by Federal facilities with pollution control requirements.

IN THE SENATE OF THE UNITED STATES

APRIL 2, 1998

Mr. COVERDELL (for himself, Mr. BREAUX, and Mr. DEWINE) 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 ensure

compliance by Federal facilities with pollution control

requirements.

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 ‘‘Federal Facilities

5 Clean Water Compliance Act of 1998’’.

6 SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FED7 ERAL FACILITIES.

8 Section 313 of the Federal Water Pollution Control

9 Act (33 U.S.C. 1323) is amended—
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1 (1) by redesignating subsection (b) as sub2 section (d); and

3 (2) by striking subsection (a) and inserting the

4 following:

5 ‘‘(a) COMPLIANCE.—

6 ‘‘(1) DEFINITION OF REASONABLE SERVICE

7 CHARGE.—In this subsection, the term ‘reasonable

8 service charge’ includes but is not limited to—

9 ‘‘(A) a fee or charge assessed in connection

10 with the processing, issuance, renewal, or

11 amendment of a permit, review of a plan, study,

12 or other document, or inspection or monitoring

13 of a facility; and

14 ‘‘(B) any other nondiscriminatory charge

15 that is assessed in connection with a Federal,

16 State, interstate, or local regulatory program

17 concerning the control and abatement of water

18 pollution.

19 ‘‘(2) REQUIREMENT.—Each department, agen20 cy, and instrumentality of the executive, legislative,

21 or judicial branch of the Federal Government that

22 has jurisdiction over any property or facility, or is

23 engaged in any activity that results, or that may re24 sult, in the discharge or runoff of a pollutant shall

25 be subject to, and shall comply with, all Federal,
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1 State, interstate, and local substantive and proce2 dural requirements (including any requirement for a

3 permit or reporting, any provision for injunctive re4 lief and such sanctions as are imposed by a Federal

5 or State court to enforce the relief, and any require6 ment for the payment of a reasonable service

7 charge) concerning the control and abatement of

8 water pollution in the same manner, and to the same

9 extent, as any other person is subject to the require10 ments.

11 ‘‘(3) LIMITED WAIVER OF SOVEREIGN IMMU12 NITY.—The United States waives any immunity oth13 erwise applicable to the United States with respect

14 to any substantive or procedural requirement de15 scribed in paragraph (2), including but not limited

16 to immunity from process in an administrative or

17 court action seeking—

18 ‘‘(A) injunctive relief;

19 ‘‘(B) imposition of a sanction referred to

20 in this subsection;

21 ‘‘(C) enforcement of an administrative

22 order;

23 ‘‘(D) imposition of an administrative pen24 alty or fine; or
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1 ‘‘(E) payment of a reasonable service

2 charge.

3 ‘‘(4) ADMINISTRATIVE ORDERS AND PEN4 ALTIES.—The substantive and procedural require5 ments described in paragraph (2) include but are

6 not limited to all administrative orders and all civil

7 and administrative penalties or fines, regardless of

8 whether the penalties or fines are punitive or coer9 cive in nature or are imposed for isolated, intermit10 tent, or continuing violations.

11 ‘‘(5) INJUNCTIVE RELIEF.—The United States

12 (including any agent, employee, or officer of the

13 United States) shall not be immune or exempt from

14 any process or sanction of any State or Federal

15 court with respect to the enforcement of any injunc16 tive relief referred to in paragraph (2).

17 ‘‘(6) CIVIL PENALTIES.—No agent, employee,

18 or officer of the United States shall be personally

19 liable for any civil penalty under any Federal, State,

20 interstate, or local law concerning the control and

21 abatement of water pollution with respect to any act

22 or omission within the scope of the official duties of

23 the agent, employee, or officer.

24 ‘‘(7) CRIMINAL PENALTIES.—
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1 ‘‘(A) AGENTS, EMPLOYEES, AND OFFI2 CERS.—An agent, employee, or officer of the

3 United States shall be subject to a criminal

4 sanction (including but not limited to a fine or

5 imprisonment) under any Federal or State law

6 concerning the control and abatement of water

7 pollution.

8 ‘‘(B) DEPARTMENTS, AGENCIES, AND IN9 STRUMENTALITIES.—No department, agency,

10 or instrumentality of the executive, legislative,

11 or judicial branch of the Federal Government

12 shall be subject to a sanction referred to in sub13 paragraph (A).

14 ‘‘(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—

15 ‘‘(1) IN GENERAL.—

16 ‘‘(A) COMMENCEMENT.—The Adminis17 trator, the Secretary of the Army, and the Sec18 retary of the department in which the Coast

19 Guard is operating may commence an adminis20 trative enforcement action against any depart21 ment, agency, or instrumentality of the execu22 tive, legislative, or judicial branch of the Fed23 eral Government pursuant to the enforcement

24 authorities authorized by this Act.
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1 ‘‘(B) MANNER AND CIRCUMSTANCES.—The

2 Administrator or Secretary, as applicable, shall

3 initiate an administrative enforcement action

4 against such a department, agency, or instru5 mentality in the same manner and under the

6 same circumstances as the Administrator or

7 Secretary would initiate such an action against

8 another person.

9 ‘‘(C) CONSENT ORDERS.—Any voluntary

10 resolution or settlement of an action described

11 in subparagraph (B) shall be set forth in a con12 sent order.

13 ‘‘(2) OPPORTUNITY TO CONFER.—An adminis14 trative order issued to a department, agency, or in15 strumentality under paragraph (1) shall not become

16 final until the department, agency, or instrumental17 ity has had the opportunity to confer with the Ad18 ministrator or Secretary, as applicable.

19 ‘‘(c) LIMITATION ON STATE USE OF FUNDS COL20 LECTED FROM THE FEDERAL GOVERNMENT.—Unless a

21 State law in effect on the date of enactment of this sub22 section or a State constitution requires the funds to be

23 used in a different manner, all funds collected by a State

24 from the Federal Government from penalties and fines im25 posed for violation of a substantive or procedural require-
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1 ment described in subsection (a) shall be used by the State

2 only for projects designed to improve or protect the envi3 ronment or to defray the costs of environmental protection

4 or enforcement.’’.

5 SEC. 3. DEFINITION OF PERSON.

6 (a) GENERAL DEFINITIONS.—Section 502(5) of the

7 Federal Water Pollution Control Act (33 U.S.C. 1362(5))

8 is amended—

9 (1) by striking ‘‘or any’’ and inserting ‘‘an’’;

10 and

11 (2) by inserting before the period at the end the

12 following: ‘‘or a department, agency, or instrumen13 tality of the United States’’.

14 (b) OIL AND HAZARDOUS SUBSTANCE LIABILITY

15 PROGRAM.—Section 311(a)(7) of the Federal Water Pol16 lution Control Act (33 U.S.C. 1321(a)(7)) is amended—

17 (1) by striking ‘‘a’’; and

18 (2) by inserting before the semicolon at the end

19 the following: ‘‘and a department, agency, or instru20 mentality of the United States’’.

Æ