I

106TH CONGRESS

1ST SESSION H. R. 155

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, municipal separate storm sewer

systems, and municipal combined sewer overflows, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. HEFLEY introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

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, municipal separate storm sewer systems,

and municipal combined sewer overflows, 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 ‘‘Municipal Biological

5 Monitoring Use Act’’.
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1 SEC. 2. BIOLOGICAL MONITORING.

2 (a) BIOLOGICAL MONITORING CRITERIA.—Section

3 303(c)(2) of the Federal Water Pollution Control Act (33

4 U.S.C. 1313(c)(2)) is amended—

5 (1) by inserting after the third sentence of sub6 paragraph (B) the following: ‘‘Criteria for biological

7 monitoring or whole effluent toxicity shall employ an

8 aquatic species that is indigenous to the type of wa9 ters, a species that is representative of such species,

10 or such other appropriate species as will indicate the

11 toxicity of the effluent in the specific receiving wa12 ters. Such criteria shall take into account the natu13 ral biological variability of the species, and shall en14 sure that the accompanying test method accurately

15 represents actual in-stream conditions, including

16 conditions associated with dry and wet weather.’’;

17 (2) by striking the period at the end of sub18 paragraph (B) and inserting the following: ‘‘; except

19 that for publicly owned treatment works, municipal

20 separate storm sewer systems, and municipal com21 bined sewer overflows (including control facilities)

22 and other wet weather control facilities, nothing in

23 this Act shall be construed to authorize the use of

24 water quality standards or permit effluent limita25 tions which result in the finding of a violation upon
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1 failure of whole effluent toxicity tests or biological

2 monitoring tests.’’; and

3 (3) by adding at the end the following:

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

5 the discharge from a publicly owned treatment works, a

6 municipal separate storm sewer system, or municipal com7 bined sewer overflows (including control facilities) or other

8 wet weather control facilities causes, has the reasonable

9 potential to cause, or contributes to an in-stream excur10 sion above a narrative or numeric criterion for whole efflu11 ent toxicity, the permit may contain terms, conditions, or

12 limitations requiring further analysis, identification eval13 uation, or reduction evaluation of such effluent toxicity.

14 Such terms, conditions, or limitations meeting the require15 ments of this section may be utilized in conjunction with

16 a municipal separate storm sewer system, or municipal

17 combined sewer overflows (including control facilities) or

18 other wet weather control facilities only upon a demonstra19 tion that such terms, conditions, or limitations are tech20 nically feasible, accurately represent toxicity associated

21 with wet weather conditions, and can materially assist in

22 an identification evaluation or reduction evaluation of such

23 toxicity.’’.

24 (b) INFORMATION ON WATER QUALITY CRITERIA.—

25 Section 304(a)(8) of such Act (33 U.S.C. 1314(a)(8)) is
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1 amended by inserting ‘‘, consistent with subparagraphs

2 (B) and (C) of section 303(c)(2),’’ after ‘‘publish’’.

3 (c) USE OF BIOLOGICAL MONITORING OR WHOLE

4 EFFLUENT TOXICITY TESTING.—Section 402 of such Act

5 (33 U.S.C. 1342) is amended by adding at the end the

6 following:

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

8 EFFLUENT TOXICITY TESTING.—

9 ‘‘(1) IN GENERAL.—Where the Administrator

10 determines that it is necessary in accordance with

11 subparagraphs (B) and (C) of section 303(c)(2) to

12 include biological monitoring, whole effluent toxicity

13 testing, or assessment methods as a term, condition,

14 or limitation in a permit issued to a publicly owned

15 treatment works, a municipal separate storm sewer

16 system, or a municipal combined sewer overflow (in17 cluding a control facility) or other wet weather con18 trol facility, permit term, condition, or limitation

19 shall be in accordance with such subparagraphs.

20 ‘‘(2) RESPONDING TO TEST FAILURES.—If a

21 permit issued under this section contains terms, con22 ditions, or limitations requiring biological monitoring

23 or whole effluent toxicity testing designed to meet

24 criteria for biological monitoring or whole effluent

25 toxicity, the permit may establish procedures for fur-
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1 ther analysis, identification evaluation, or reduction

2 evaluation of such toxicity. The permit shall allow

3 the permittee to discontinue such procedures, subject

4 to future reinitiation of such procedures upon a

5 showing by the permitting authority of changed con6 ditions, if the source of such toxicity cannot, after

7 thorough investigation, be identified.

8 ‘‘(3) TEST FAILURE NOT A VIOLATION.—The

9 failure of a biological monitoring test or a whole ef10 fluent toxicity test at a publicly owned treatment

11 works, a municipal separate storm sewer system, or

12 a municipal combined sewer overflow (including a

13 control facility) or other wet weather control facility

14 shall not result in a finding of a violation under this

15 Act.’’.

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