I

104TH CONGRESS

2D SESSION H. R. 3948

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

AUGUST 1, 1996

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, 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’’.

6 SEC. 2. USE OF BIOLOGICAL MONITORING.

7 (a) LABORATORY BIOLOGICAL MONITORING CRI8 TERIA.—Subparagraph (B) of section 303(c)(2) of the
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1 Federal Water Pollution Control Act (33 U.S.C.

2 1313(c)(2)) is amended—

3 (1) by inserting ‘‘CRITERIA FOR TOXIC POLLUT4 ANTS.—’’ after ‘‘(B)’’;

5 (2) by moving such subparagraph 4 ems to the

6 right;

7 (3) by inserting after the third sentence the fol8 lowing: ‘‘Criteria for whole effluent toxicity based on

9 laboratory biological monitoring or assessment meth10 ods shall employ an aquatic species that is indige11 nous to the type of waters, a species that is rep12 resentative of such a species, or an appropriate spe13 cies that indicates the toxicity of the effluent in the

14 receiving waters and shall take into account the ac15 cepted analytical variability associated with such

16 methods in defining an exceedance of such criteria.’’.

17 (b) PERMIT PROCEDURES.—Section 402 of such Act

18 (33 U.S.C. 1342) is amended by adding at the end the

19 following:

20 ‘‘(q) BIOLOGICAL MONITORING PROCEDURES.—

21 ‘‘(1) RESPONDING TO EXCEEDANCES.—If a

22 permit issued under this section contains terms, con23 ditions, or limitations requiring biological monitoring

24 or whole effluent toxicity testing designed to meet

25 criteria for whole effluent toxicity based on labora-
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1 tory biological monitoring or assessment methods de2 scribed in section 303(c)(2)(B), the permit shall es3 tablish procedures for responding to an exceedance

4 of such criteria that includes analysis, identification,

5 reduction, or, where feasible, elimination of any ef6 fluent toxicity. The failure of a biological monitoring

7 test or whole effluent toxicity test shall not result in

8 a finding of a violation under this Act, unless it is

9 demonstrated that the permittee has failed to com10 ply with such procedures.

11 ‘‘(2) DISCONTINUANCE OF USE.—The permit

12 shall allow the permittee to discontinue such proce13 dures—

14 ‘‘(A) if the permittee is an entity, other

15 than a publicly owned treatment works, if the

16 permittee demonstrates to the permitting au17 thority through a field bioassessment study that

18 a balanced and healthy population of aquatic

19 species indigenous to the type of waters exists

20 in the waters that are affected by the discharge,

21 and if the applicable numerical water quality

22 standards for specific pollutants are met for

23 such waters; or

24 ‘‘(B) if the permittee is a publicly owned

25 treatment works—
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1 ‘‘(i) if the source or cause of such tox2 icity cannot, after thorough investigation,

3 be identified; or

4 ‘‘(ii) if the permittee makes to the

5 permitting authority a demonstration de6 scribed in subparagraph (A).’’.

7 (c) INFORMATION ON WATER QUALITY CRITERIA.—

8 Section 304(a)(8) of such Act (33 U.S.C. 1314(a)(8)) is

9 amended—

10 (1) by striking ‘‘, after’’ and all that follows

11 through ‘‘1987,’’; and

12 (2) by inserting after ‘‘publish’’ the following:

13 ‘‘, consistent with section 303(c)(2)(B) of this Act,’’.

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