I

103D CONGRESS

1ST SESSION H. R. 2727

To amend the Federal Water Pollution Control Act to improve the

enforcement and compliance programs.

IN THE HOUSE OF REPRESENTATIVES

JULY 23, 1993

Mr. PALLONE (for himself, Mr. DEFAZIO, Mr. GILCHREST, Mr. JACOBS, Mrs.

MORELLA, Mr. KILDEE, and Ms. BYRNE) introduced the following bill;

which was referred jointly to the Committees on Public Works and Transportation and Merchant Marine and Fisheries

MARCH 23, 1994

Additional sponsors: Mr. DELLUMS, Mr. YATES, Mr. MACHTLEY, Mr. SHAYS,

Mr. JOHNSTON of Florida, Mr. KREIDLER, Mr. BONIOR, Mr. BEILENSON, Mr. TORRES, Mr. ANDREWS of New Jersey, Mr. BERMAN, Mr.

STARK, Mr. EVANS, Mr. CLAY, Mr. LEWIS of Georgia, Ms. NORTON, Mr.

TOWNS, Mr. REYNOLDS, Mr. SANDERS, Mr. SMITH of New Jersey, Ms.

DELAURO, Mr. GUTIERREZ, Mr. DIXON, Mr. VENTO, Ms. PELOSI, Ms.

ESHOO, Mr. CARDIN, Mr. ANDREWS of Maine, Ms. WOOLSEY, Ms. ROYBAL-ALLARD, Mr. RICHARDSON, Mr. MARTINEZ, Mr. WYNN, and Mr.

MCDERMOTT

A BILL

To amend the Federal Water Pollution Control Act to

improve the enforcement and compliance programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Clean Water Enforce3 ment and Compliance Improvement Amendments Act of

4 1993’’.

5 SEC. 2. FINDINGS.

6 (a) IN GENERAL.—Congress finds that—

7 (1) a significant number of persons who have

8 been issued permits under section 402 of the Fed9 eral Water Pollution Control Act are in violation of

10 such permits;

11 (2) current enforcement programs of the Ad12 ministrator of the Environmental Protection Agency

13 and the States fail to address violations of such per14 mits in a timely and effective manner;

15 (3) often violations of such permits continue for

16 a considerable period of time, yielding significant

17 economic benefits for the violator and thus penaliz18 ing similar facilities which act lawfully;

19 (4) penalties assessed and collected by the Ad20 ministrator from violators of such permits are often

21 less than the economic benefit gained by the violator;

22 (5) swift and timely enforcement by the Admin23 istrator and the States of violations of such permits

24 is necessary to increase levels of compliance with

25 such permits; and
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1 (6) actions of private citizens have been effec2 tive in enforcing such permits and directing funds to

3 environmental mitigation projects with $9,000,000

4 in penalties and interest having been recovered and

5 deposited with the Treasury of the United States

6 over the last 4 fiscal years.

7 (b) FINDING WITH RESPECT TO HARM CAUSED BY

8 VIOLATIONS.—Section 101 of the Federal Water Pollution

9 Control Act (33 U.S.C. 1251) is amended by adding at

10 the end the following:

11 ‘‘(h) FINDING WITH RESPECT TO HARM CAUSED BY

12 VIOLATIONS.—Congress finds that a discharge which re13 sults in a violation of this Act or a regulation, standard,

14 limitation, requirement, or order issued pursuant to this

15 Act interferes with the restoration and maintenance of the

16 chemical, physical, and biological integrity of any waters

17 into which the discharge flows (either directly or through

18 a publicly owned treatment works), including any waters

19 into which the receiving waters flow, and, therefore, harms

20 those who use or enjoy such waters and those who use

21 or enjoy nearby lands or aquatic resources associated with

22 those waters.

23 ‘‘(i) FINDING WITH RESPECT TO CITIZEN SUITS.—

24 Congress finds that citizen suits are a valuable means of

25 enforcement of this Act and urges the Administrator to
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1 take actions to encourage such suits, including providing

2 information concerning violators to citizen groups to assist

3 them in bringing suits, providing expert witnesses and

4 other evidence with respect to such suits, and filing amicus

5 curiae briefs on important issues related to such suits.’’.

6 SEC. 3. VIOLATIONS OF REQUIREMENTS OF LOCAL CON7 TROL AUTHORITIES.

8 Section 307(d) of Federal Water Pollution Control

9 Act (33 U.S.C. 1317(d)) is amended to read as follows:

10 ‘‘(d) VIOLATIONS.—After the date on which (1) any

11 effluent standard or prohibition or pretreatment standard

12 or requirement takes effect under this section, or (2) any

13 requirement imposed in a pretreatment program under

14 section 402(a)(3) or 402(b)(8) of this Act takes effect, it

15 shall be unlawful for any owner or operator of any source

16 to operate such source in violation of the effluent stand17 ard, prohibition, pretreatment standard, or requirement.’’.

18 SEC. 4. INSPECTIONS, MONITORING, AND PROVIDING IN19 FORMATION.

20 (a) APPLICABILITY OF REQUIREMENTS.—Section

21 308(a) of the Federal Water Pollution Control Act (33

22 U.S.C. 1318(a)) is amended by striking ‘‘the owner or op23 erator of any point source’’ and inserting ‘‘a person sub24 ject to a requirement of this Act’’.
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1 (b) PUBLIC ACCESS TO INFORMATION.—The first

2 sentence of section 308(b) of such Act is amended—

3 (1) by inserting ‘‘(including information con4 tained in the Permit Compliance System of the En5 vironmental Protection Agency)’’ after ‘‘obtained

6 under this section’’;

7 (2) by inserting ‘‘made’’ after ‘‘shall be’’; and

8 (3) by inserting ‘‘by computer telecommuni9 cation and other means’’ after ‘‘public’’ the first

10 place it appears.

11 (c) PUBLIC INFORMATION.—Section 308 of such Act

12 is further amended by adding at the end the following:

13 ‘‘(e) PUBLIC INFORMATION.—

14 ‘‘(1) POSTING OF NOTICE OF POLLUTED WA15 TERS.—At each major point of public access (includ16 ing, at a minimum, beaches, parks, recreation areas,

17 marinas, and boat launching areas) to a body of

18 navigable water that does not meet an applicable

19 water quality standard or that is subject to a fishing

20 and shell fishing ban, advisory, or consumption re21 striction (issued by a Federal, State, or local author22 ity) due to fish or shellfish contamination, the State

23 within which boundaries all or any part of such body

24 of water lies shall, either directly or through local
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1 authorities, post and maintain a clearly visible sign

2 which—

3 ‘‘(A) indicates the water quality standard

4 that is being violated or the nature and extent

5 of the restriction on fish or shellfish consump6 tion, as the case may be;

7 ‘‘(B) includes (i) information on the envi8 ronmental and health effects associated with

9 the failure to meet such standard or with the

10 consumption of fish or shellfish subject to the

11 restriction, and (ii) a phone number for obtain12 ing additional information relating to the viola13 tion and restriction; and

14 ‘‘(C) will be maintained until the body of

15 water is in compliance with the water quality

16 standard or until all fish and shellfish consump17 tion restrictions are terminated with respect to

18 the body of water, as the case may be.

19 ‘‘(2) NOTICE OF DISCHARGES TO NAVIGABLE

20 WATERS.—Except for permits issued to municipali21 ties for discharges composed entirely of stormwater

22 under section 402 of this Act, each permit issued

23 under section 402 by the Administrator or by a

24 State shall ensure compliance with the following

25 requirements:
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1 ‘‘(A) Every permittee shall conspicuously

2 maintain at all public entrances to the facility

3 a clearly visible sign which indicates that the

4 facility discharges pollutants into navigable wa5 ters and the location of such discharges; the

6 name, business address, and phone number of

7 the permittee; the permit number; and a loca8 tion at which a copy of the permit and public

9 information required by this paragraph is main10 tained and made available for inspection or a

11 phone number for obtaining such information.

12 ‘‘(B) Each permittee which is a publicly

13 owned treatment works shall include in each

14 quarterly mailing of a bill to each customer of

15 the treatment works information which indi16 cates that the treatment works discharges pol17 lutants into the navigable waters and the loca18 tion of each of such discharges; the name, busi19 ness address and phone number of the permit20 tee; the permit number; a location at which a

21 copy of the permit and public information re22 quired by this paragraph is maintained and

23 made available for inspection or a phone num24 ber for obtaining such information; and a list of

25 all violations of the requirements of the permit
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1 by the treatment works over the preceding 12-

2 month period.

3 ‘‘(3) REGULATIONS.—

4 ‘‘(A) ISSUANCE.—The Administrator—

5 ‘‘(i) not later than 6 months after the

6 date of the enactment of this subsection,

7 shall propose regulations to carry out this

8 subsection; and

9 ‘‘(ii) not later than 18 months after

10 such date of enactment, shall issue such

11 regulations.

12 ‘‘(B) CONTENT.—The regulations issued to

13 carry out this subsection shall establish—

14 ‘‘(i) uniform requirements and proce15 dures for identifying and posting bodies of

16 water under paragraph (1);

17 ‘‘(ii) minimum information to be in18 cluded in signs posted and notices issued

19 pursuant to this subsection;

20 ‘‘(iii) uniform requirements and proce21 dures for fish and shellfish sampling and

22 analysis;

23 ‘‘(iv) uniform requirements for deter24 mining the nature and extent of fish and
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1 shellfish bans, advisories, and consumption

2 restrictions which—

3 ‘‘(I) address cancer and

4 noncancer human health risks;

5 ‘‘(II) take into account the ef6 fects of all fish and shellfish contami7 nants, including the cumulative and

8 synergistic effects;

9 ‘‘(III) assure the protection of

10 subpopulations who consume higher

11 than average amounts of fish and

12 shellfish or are particularly susceptible

13 to the effects of such contamination;

14 ‘‘(IV) address race, gender, eth15 nic composition, or social and eco16 nomic factors, based on the latest

17 available studies of national or re18 gional consumption by and impacts on

19 such subpopulations unless more reli20 able site-specific data is available;

21 ‘‘(V) are based on a margin of

22 safety that takes into account the un23 certainties in human health impacts

24 from such contamination; and
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1 ‘‘(VI) evaluate assessments of

2 health risks of contaminated fish and

3 shellfish that are used in pollution

4 control programs developed by the Ad5 ministrator under this Act.’’.

6 (d) STATE REPORTS.—Section 305(b)(1) of such Act

7 (33 U.S.C. 1315(b)(1)) is amended—

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (D);

10 (2) by striking the period at the end of sub11 paragraph (E) and inserting ‘‘; and’’; and

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

13 ‘‘(F) a list identifying bodies of water for

14 which signs were posted under section

15 308(e)(1) in the preceding year.’’.

16 SEC. 5. CIVIL PENALTIES.

17 (a) ENFORCEMENT OF LOCAL PRETREATMENT RE18 QUIREMENTS.—

19 (1) COMPLIANCE ORDERS.—

20 (A) INITIAL ACTION.—Section 309(a)(1) of

21 the Federal Water Pollution Control Act (33

22 U.S.C. 1319(a)(1)) is amended by inserting

23 after ‘‘404 of this Act,’’ the following: ‘‘or is in

24 violation of any requirement imposed in a
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1 pretreatment program approved under section

2 402(a)(3) or 402(b)(8) of this Act,’’.

3 (B) ISSUANCE OF ORDERS.—Section

4 309(a)(3) of such Act is amended by inserting

5 after ‘‘404 of this Act by a State,’’ the follow6 ing: ‘‘or is in violation of any requirement im7 posed in a pretreatment program approved

8 under section 402(a)(3) or 402(b)(8) of this

9 Act,’’.

10 (2) CRIMINAL PENALTIES.—Section

11 309(c)(3)(A) of such Act is amended by inserting

12 after ‘‘Army or by a State,’’ the following: ‘‘or know13 ingly violates any requirement imposed in a

14 pretreatment program approved under section

15 402(a)(3) or 402(b)(8) of this Act,’’.

16 (3) ADMINISTRATIVE PENALTIES.—Section

17 309(g)(1)(A) of such Act is amended by inserting

18 after ‘‘404 by a State,’’ the following: ‘‘or has vio19 lated any requirement imposed in a pretreatment

20 program approved under section 402(a)(3) or

21 402(b)(8) of this Act or an order issued by the Ad22 ministrator under subsection (a) of this section,’’.

23 (b) TREATMENT OF SINGLE OPERATIONAL UP24 SETS.—
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1 (1) CRIMINAL PENALTIES.—Section 309(c) of

2 such Act is amended by striking paragraph (5) and

3 redesignating paragraphs (6) and (7) as paragraphs

4 (5) and (6), respectively.

5 (2) CIVIL PENALTIES.—Section 309(d) of such

6 Act is amended by striking the last sentence.

7 (3) ADMINISTRATIVE PENALTIES.—Section

8 309(g)(3) of such Act is amended by striking the

9 last sentence.

10 (c) USE OF CIVIL PENALTIES FOR MITIGATION

11 PROJECTS.—

12 (1) IN GENERAL.—Section 309(d) of such Act

13 is amended by inserting after the second sentence

14 the following: ‘‘The court may, in the court’s discre15 tion, order that a civil penalty be used for carrying

16 out mitigation projects which are consistent with the

17 purposes of this Act and which enhance the public

18 health or environment.’’.

19 (2) CONFORMING AMENDMENT.—Section

20 505(a) of such Act (33 U.S.C. 1365(a)) is amended

21 by inserting before the period at the end of the last

22 sentence the following: ‘‘, including ordering the use

23 of a civil penalty for carrying out mitigation projects

24 in accordance with such section 309(d)’’.

25 (d) DETERMINATION OF AMOUNT OF PENALTIES.—
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1 (1) CIVIL PENALTIES.—The second sentence of

2 section 309(d) of such Act (33 U.S.C. 1319(d)) is

3 amended by inserting ‘‘the amount of any penalty

4 previously imposed on the violator by a court or ad5 ministrative agency for the same violation or viola6 tions,’’ after ‘‘economic impact of the penalty on the

7 violator,’’.

8 (2) ADMINISTRATIVE PENALTIES.—Section

9 309(g)(3) of such Act is amended—

10 (A) by striking ‘‘or savings’’; or

11 (B) by inserting ‘‘the amount of any pen12 alty previously imposed on the violator by a

13 court or administrative agency for the same vio14 lation or violations,’’ after ‘‘resulting from the

15 violation,’’.

16 (e) LIMITATION ON DEFENSES.—Section 309(g)(1)

17 of such Act is amended by adding at the end the following:

18 ‘‘In a proceeding to assess or review a penalty under this

19 subsection, the adequacy of consultation between the Ad20 ministrator or the Secretary, as the case may be, and the

21 State shall not be a defense to assessment or enforcement

22 of such penalty.’’.

23 (f) AMOUNTS OF ADMINISTRATIVE CIVIL PEN24 ALTIES.—
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1 (1) GENERAL RULE.—Section 309(g)(2) of

2 such Act is amended to read as follows:

3 ‘‘(2) AMOUNT OF PENALTIES; NOTICE; HEAR4 ING.—

5 ‘‘(A) MAXIMUM AMOUNT OF PENALTIES.—

6 The amount of a civil penalty under paragraph

7 (1) may not exceed $25,000 per violation per

8 day for each day during which the violation

9 continues.

10 ‘‘(B) WRITTEN NOTICE.—Before issuing

11 an order assessing a civil penalty under this

12 subsection, the Administrator or the Secretary,

13 as the case may be, shall give to the person to

14 be assessed the penalty written notice of the

15 Administrator’s or Secretary’s proposal to issue

16 the order and the opportunity to request, within

17 30 days of the date the notice is received by

18 such person, a hearing on the proposed order.

19 ‘‘(C) HEARINGS NOT ON THE RECORD.—If

20 the proposed penalty does not exceed $25,000,

21 the hearing shall not be subject to section 554

22 or 556 of title 5, United States Code, but shall

23 provide a reasonable opportunity to be heard

24 and to present evidence.
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1 ‘‘(D) HEARINGS ON THE RECORD.—If the

2 proposed penalty exceeds $25,000, the hearing

3 shall be on the record in accordance with sec4 tion 554 of title 5, United States Code. The

5 Administrator and the Secretary may issue

6 rules for discovery procedures for hearings

7 under this subparagraph.’’.

8 (2) CONFORMING AMENDMENTS.—Section

9 309(g) of such Act is amended—

10 (A) in paragraph (1) by striking ‘‘class I

11 civil penalty or a class II’’;

12 (B) in the second sentence of paragraph

13 (4)(C) by striking ‘‘(2)(A) in the case of a class

14 I civil penalty and paragraph (2)(B) in the case

15 of a class II civil penalty’’ and inserting ‘‘(2)’’;

16 and

17 (C) in the first sentence of paragraph (8)

18 by striking ‘‘assessment—’’ and all that follows

19 through ‘‘by filing’’ and inserting ‘‘assessment

20 in the United States District Court for the Dis21 trict of Columbia or in the district in which the

22 violation is alleged to have occurred by filing’’.

23 (g) STATE ENFORCEMENT ACTIONS AS BAR TO FED24 ERAL ENFORCEMENT ACTIONS.—Section 309(g)(6)(A) of

25 such Act is amended—
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1 (1) by inserting ‘‘or’’ after the comma at the

2 end of clause (i);

3 (2) by striking clause (ii); and

4 (3) in clause (iii)—

5 (A) by striking ‘‘, the Secretary, or the

6 State’’ and inserting ‘‘or the Secretary’’; and

7 (B) by striking ‘‘or such comparable State

8 law, as the case may be,’’.

9 (h) RECOVERY OF ECONOMIC BENEFIT.—Section

10 309 of such Act is amended by adding at the end the

11 following:

12 ‘‘(h) RECOVERY OF ECONOMIC BENEFIT.—

13 ‘‘(1) GENERAL RULE.—Notwithstanding any

14 other provision of this section, any civil penalty as15 sessed and collected under this section must be in an

16 amount which is not less than the amount of the

17 economic benefit (if any) resulting from the violation

18 for which the penalty is assessed.

19 ‘‘(2) REGULATIONS.—Not later than 2 years

20 after the date of the enactment of this subsection,

21 the Administrator shall issue regulations establishing

22 a methodology for calculating the economic benefits

23 or savings resulting from violations of this Act.

24 Pending issuance of such regulations, this subsection

25 shall be in effect and economic benefits shall be cal-
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1 culated for purposes of paragraph (1) on a case-by2 case basis.’’.

3 (i) LIMITATION ON COMPROMISES.—Such section

4 309 is further amended by adding at the end the following:

5 ‘‘(i) LIMITATION ON COMPROMISES OF CIVIL PEN6 ALTIES.—Notwithstanding any other provision of this sec7 tion, the amount of a civil penalty assessed under this sec8 tion may not be compromised below the amount deter9 mined by adding—

10 ‘‘(1) the minimum amount required for recovery

11 of economic benefit under subsection (h), to

12 ‘‘(2) 50 percent of the difference between the

13 amount of the civil penalty assessed and such mini14 mum amount.’’.

15 (j) MINIMUM AMOUNT FOR SERIOUS VIOLATIONS.—

16 Such section 309 is further amended by adding at the end

17 the following:

18 ‘‘(j) MINIMUM CIVIL PENALTIES FOR SERIOUS VIO19 LATIONS AND SIGNIFICANT NONCOMPLIERS.—

20 ‘‘(1) SERIOUS VIOLATIONS.—Notwithstanding

21 any other provision of this section (other than para22 graph (2)), the minimum civil penalty which shall be

23 assessed and collected under this section from a per24 son—
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1 ‘‘(A) for a discharge from a point source of

2 a hazardous pollutant which exceeds or other3 wise violates any applicable effluent limitation

4 established by or under this Act by 20 percent

5 or more, or

6 ‘‘(B) for a discharge from a point source

7 of a pollutant (other than a hazardous pollut8 ant) which exceeds or otherwise violates any ap9 plicable effluent limitation established by or

10 under this Act by 40 percent or more,

11 shall be $1,000 for the first such violation in a 180-

12 day period.

13 ‘‘(2) SIGNIFICANT NONCOMPLIERS.—Notwith14 standing any other provision of this section, the min15 imum civil penalty which shall be assessed and col16 lected under this section from a person—

17 ‘‘(A) for the second or more discharge in

18 a 180-day period from a point source of a haz19 ardous pollutant which exceeds or otherwise vio20 lates any applicable effluent limitation estab21 lished by or under this Act by 20 percent or

22 more,

23 ‘‘(B) for the second or more discharge in

24 a 180-day period from a point source of a pol25 lutant (other than a hazardous pollutant) which
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1 exceeds or otherwise violates any applicable ef2 fluent limitation established by or under this

3 Act by 40 percent or more,

4 ‘‘(C) for the fourth or more discharge in a

5 180-day period from a point source of any pol6 lutant which exceeds or otherwise violates the

7 same effluent limitation, or

8 ‘‘(D) for not filing in a 180-day period 2

9 or more reports in accordance with section

10 402(r)(1),

11 shall be $5,000 for each of such violations.

12 ‘‘(3) MANDATORY INSPECTIONS FOR SIGNIFI13 CANT NONCOMPLIERS.—The Administrator shall

14 identify any person described in paragraph (2) as a

15 significant noncomplier and shall conduct an inspec16 tion described in section 402(q) of this Act of the fa17 cility at which the violations were committed. Such

18 inspections shall be conducted at least once in the

19 180-day period following the date of the most recent

20 violation which resulted in such person being identi21 fied as a significant noncomplier.

22 ‘‘(4) ANNUAL REPORTING.—The Administrator

23 shall transmit to Congress and to the Governors of

24 the States, and shall publish in the Federal Register,

25 on an annual basis a list of all persons identified as
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1 significant noncompliers under paragraph (3) in the

2 preceding calendar year and the violations which re3 sulted in such classifications.

4 ‘‘(5) HAZARDOUS POLLUTANT DEFINED.—For

5 purposes of this subsection, the term ‘hazardous pol6 lutant’ has the meaning the term ‘hazardous sub7 stance’ has under subsection (c)(6) of this section.’’.

8 (k) STATE PROGRAM.—Section 402(b)(7) of such Act

9 (33 U.S.C. 1342(b)(7)) is amended to read as follows:

10 ‘‘(7) To abate violations of the permit or the

11 permit program which shall include, beginning on

12 the last day of the 2-year period beginning on the

13 date of the enactment of the Clean Water Compli14 ance and Enforcement Improvement Amendments

15 Act of 1993, a penalty program comparable to the

16 Federal penalty program under section 309 of this

17 Act and which shall include at a minimum criminal,

18 civil, and civil administrative penalties, and may in19 clude other ways and means of enforcement, which

20 the State demonstrates to the satisfaction of the Ad21 ministrator are equally effective as the Federal pen22 alty program;’’.

23 (l) FEDERAL PROCUREMENT COMPLIANCE INCEN24 TIVE.—Section 508(a) of such Act (33 U.S.C. 1368(a))
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1 is amended by inserting after the second comma ‘‘or who

2 is identified under section 309(j)(3) of this Act,’’.

3 SEC. 6. NATIONAL POLLUTANT DISCHARGE ELIMINATION

4 PERMITS.

5 (a) WITHDRAWAL OF STATE PROGRAM APPROVAL.—

6 Section 402(b) of the Federal Water Pollution Control Act

7 (33 U.S.C. 1342(b)) is amended by striking ‘‘unless he

8 determines that adequate authority does not exist:’’ and

9 inserting the following: ‘‘only when he determines that

10 adequate authority exists and shall withdraw program ap11 proval whenever he determines that adequate authority no

12 longer exists:’’.

13 (b) JUDICIAL REVIEW OF RULINGS ON APPLICA14 TIONS FOR STATE PERMITS.—Section 402(b)(3) of such

15 Act is amended by inserting ‘‘and to ensure that any inter16 ested person who participated in the public comment proc17 ess and any other person who could obtain judicial review

18 of that action under any other applicable law has the right

19 to judicial review of such ruling’’ before the semicolon at

20 the end.

21 (c) INSPECTIONS FOR MAJOR INDUSTRIAL AND MU22 NICIPAL DISCHARGERS.—Section 402(b) of such Act is

23 amended—

24 (1) by striking ‘‘and’’ at the end of paragraph

25 (8);
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1 (2) by striking the period at the end of para2 graph (9) and inserting a semicolon; and

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

4 ‘‘(10) To ensure that any permit for a dis5 charge from a major industrial or municipal facility,

6 as defined by the Administrator by regulation, in7 cludes conditions under which such facility will be

8 subject to at least annual inspections by the State

9 in accordance with subsection (q) of this section;’’.

10 (d) MONTHLY REPORTS FOR SIGNIFICANT INDUS11 TRIAL USERS OF POTWS.—Section 402(b) of such Act

12 is further amended by adding at the end the following:

13 ‘‘(11) To ensure that any permit for a dis14 charge from a publicly owned treatment works in the

15 State includes conditions under which the treatment

16 works will require any significant industrial user of

17 the treatment works, as defined by the Adminis18 trator by regulation, to prepare and submit to the

19 Administrator, the State, and the treatment works a

20 monthly discharge monitoring report as a condition

21 to using the treatment works;’’.

22 (e) PERMITS REQUIRED FOR INTRODUCTION OF

23 POLLUTANTS INTO POTWS.—Section 402(b) of such Act

24 is further amended by adding at the end the following:
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1 ‘‘(12) To ensure that, after the last day of the

2 2-year period beginning on the date of the enact3 ment of this paragraph, any significant industrial

4 user, or other source designated by the Adminis5 trator, introducing a pollutant into a publicly owned

6 treatment works has, and operates in accordance

7 with, a permit issued by the treatment works or the

8 State for introduction of such pollutant; and’’.

9 (f) GRANTING OF AUTHORITY TO POTWS FOR IN10 SPECTIONS AND PENALTIES.—Section 402(b) of such Act

11 is further amended by adding at the end the following:

12 ‘‘(13) To ensure that the State will grant to

13 publicly owned treatment works in the State, not

14 later than 3 years after the date of the enactment

15 of this paragraph, authority, power, and responsibil16 ity to conduct inspections under subsection (q) of

17 this section and to assess and collect civil penalties

18 and civil administrative penalties under paragraph

19 (7) of this subsection.’’.

20 (g) INSPECTION.—Section 402 of such Act is amend21 ed by adding at the end the following:

22 ‘‘(q) INSPECTION.—

23 ‘‘(1) GENERAL RULE.—Each permit for a dis24 charge into the navigable waters or introduction of

25 pollutants into a publicly owned treatment works is-
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1 sued under this section shall include conditions

2 under which the effluent being discharged will be

3 subject to random inspections in accordance with

4 this subsection by the Administrator or the State, in

5 the case of a State permit program under this

6 section.

7 ‘‘(2) MINIMUM STANDARDS.—The Adminis8 trator shall establish minimum standards for inspec9 tions under this subsection. Such standards shall re10 quire, at a minimum, the following:

11 ‘‘(A) An annual representative sampling by

12 the Administrator or the State, in the case of

13 a State permit program under this section, of

14 the effluent being discharged; except that if the

15 discharge is not from a major industrial or mu16 nicipal facility such sampling shall be conducted

17 at least once every 3 years.

18 ‘‘(B) An analysis of all samples collected

19 under subparagraph (A) by a Federal or State

20 owned and operated laboratory or a State ap21 proved laboratory, other than one that is being

22 used by the permittee or that is directly or indi23 rectly owned, operated, or managed by the

24 permittee.
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1 ‘‘(C) An evaluation of the maintenance

2 record of any treatment equipment of the

3 permittee.

4 ‘‘(D) An evaluation of the sampling tech5 niques used by the permittee.

6 ‘‘(E) A random check of discharge mon7 itoring reports of the permittee for each 12-

8 month period for the purpose of determining

9 whether or not such reports are consistent with

10 the applicable analyses conducted under sub11 paragraph (B).

12 ‘‘(F) An inspection of the sample storage

13 facilities and techniques of the permittee.’’.

14 (h) REPORTING.—Section 402 of such Act is further

15 amended by adding at the end the following:

16 ‘‘(r) REPORTING.—

17 ‘‘(1) GENERAL RULE.—Each person holding a

18 permit issued under this section which is determined

19 by the Administrator to be a major industrial or mu20 nicipal discharger of pollutants into the navigable

21 waters shall prepare and submit to the Adminis22 trator a monthly discharge monitoring report. Any

23 other person holding a permit issued under this sec24 tion shall prepare and submit to the Administrator

25 quarterly discharge monitoring reports or more fre-
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1 quent discharge monitoring reports if the Adminis2 trator requires. Such reports shall contain, at a min3 imum, such information as the Administrator shall

4 require by regulation.

5 ‘‘(2) REPORTING OF HAZARDOUS DIS6 CHARGES.—

7 ‘‘(A) GENERAL RULE.—If a discharge

8 from a point source for which a permit is issued

9 under this section exceeds an effluent limitation

10 contained in such permit which is based on an

11 acute water quality standard or any other dis12 charge which may cause an exceedance of an

13 acute water quality standard or otherwise is

14 likely to cause injury to persons or damage to

15 the environment or to pose a threat to human

16 health and the environment, the person holding

17 such permit shall notify the Administrator, in

18 writing, of such discharge not later than 2

19 hours after the later of the time at which such

20 discharge commenced or the time at which the

21 permittee knew or had reason to know of such

22 discharge.

23 ‘‘(B) SPECIAL RULE FOR HAZARDOUS POL24 LUTANTS.—If a discharge described in subpara25 graph (A) is of a hazardous pollutant (as de-
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1 fined in section 309(j) of this Act), the person

2 holding such permit shall provide the Adminis3 trator with such additional information on the

4 discharge as may be required by the Adminis5 trator. Such additional information shall be

6 provided to the Administrator within 24 hours

7 after the later of the time at which such dis8 charge commenced or the time at which the

9 permittee became aware of such discharge.

10 Such additional information shall include, at a

11 minimum, an estimate of the danger posed by

12 the discharge to the environment, whether the

13 discharge is continuing, and the measures taken

14 or being taken (i) to remediate the problem

15 caused by the discharge and any damage to the

16 environment, and (ii) to avoid a repetition of

17 the discharge.

18 ‘‘(3) SIGNATURE.—All reports filed under para19 graph (1) must be signed by the highest ranking of20 ficial having day-to-day managerial and operational

21 responsibility for the facility at which the discharge

22 occurs or, in the absence of such person, by another

23 responsible high ranking official at such facility.

24 Such highest ranking official shall be responsible for

25 the accuracy of all information contained in such re-
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1 ports; except that such highest ranking official may

2 file with the Administrator amendments to any such

3 report if the report was signed in the absence of the

4 highest ranking official by another high ranking offi5 cial and if such amendments are filed within 7 days

6 of the return of the highest ranking official.’’.

7 (i) LIMITATION ON ISSUANCE OF PERMITS TO SIG8 NIFICANT NONCOMPLIERS.—Section 402 of such Act is

9 further amended by adding at the end the following:

10 ‘‘(s) SIGNIFICANT NONCOMPLIERS.—No permit may

11 be issued under this section to any person (other than a

12 publicly owned treatment works) identified under section

13 309(j)(3) of this Act or to any other person owned or con14 trolled by the identified person, owning or controlling the

15 identified person, or under common control with the iden16 tified person, until the Administrator or the State or

17 States in which the violation or violations occur deter18 mines that the condition or conditions giving rise to such

19 violation or violations have been corrected. No permit ap20 plication submitted after the date of the enactment of this

21 subsection may be approved unless the application in22 cludes a list of all violations of this Act by a person identi23 fied under section 309(j) of this Act during the 3-year pe24 riod preceding the date of submission of the application
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1 and evidence indicating whether the underlying cause of

2 each such violation has been corrected.’’.

3 (j) APPLICABILITY.—The amendments made by this

4 section shall apply to permits issued before, on, or after

5 the date of the enactment of this Act; except that—

6 (1) with respect to permits issued before such

7 date of enactment to a major industrial or municipal

8 discharger, such amendments shall take effect on the

9 last day of the 1-year period beginning on such date

10 of enactment; and

11 (2) with respect to all other permits issued be12 fore such date of enactment, such amendments shall

13 take effect on the last day of the 2-year period be14 ginning on such date of enactment.

15 SEC. 7. EXPIRED STATE PERMITS.

16 Section 402(d) of the Federal Water Pollution Con17 trol Act (33 U.S.C. 1342(d)) is amended by adding at the

18 end the following:

19 ‘‘(5) EXPIRED STATE PERMITS.—In any case in

20 which—

21 ‘‘(A) a permit issued by a State for a dis22 charge has expired,

23 ‘‘(B) the permittee has submitted an appli24 cation to the State for a new permit for the dis25 charge, and
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1 ‘‘(C) the State has not acted on the appli2 cation before the last day of the 18-month pe3 riod beginning on the date the permit expired,

4 the Administrator may issue a permit for the dis5 charge under subsection (a).’’.

6 SEC. 8. COMPLIANCE SCHEDULE.

7 Section 302(b)(2)(B) of the Federal Water Pollution

8 Control Act (33 U.S.C. 1312(b)(2)(B)) is amended by

9 adding at the end the following: ‘‘The Administrator may

10 only issue a permit pursuant to this subparagraph for a

11 period exceeding 2 years if the Administrator makes the

12 findings described in clauses (i) and (ii) of this subpara13 graph on the basis of a public hearing.’’.

14 SEC. 9. EMERGENCY POWERS.

15 Section 504 of the Federal Water Pollution Control

16 Act (33 U.S.C. 1364) is amended to read as follows:

17 ‘‘SEC. 504. COMMUNITY PROTECTION.

18 ‘‘(a) ISSUANCE OF ORDERS; COURT ACTION.—Not19 withstanding any other provision of this Act, whenever the

20 Administrator finds that, because of an actual or threat21 ened direct or indirect discharge of a pollutant, there may

22 be an imminent and substantial endangerment to the pub23 lic health or welfare (including the livelihood of persons)

24 or the environment, the Administrator may issue such or25 ders or take such action as may be necessary to protect
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1 public health or welfare or the environment and commence

2 a suit (or cause it to be commenced) in the United States

3 district court for the district where the discharge or threat

4 occurs. Such court may grant such relief to abate the

5 threat and to protect against the endangerment as the

6 public interest and the equities require, enforce, and ad7 judge penalties for disobedience to orders of the Adminis8 trator issued under this section, and grant other relief ac9 cording to the public interest and the equities of the case.

10 ‘‘(b) ENFORCEMENT OF ORDERS.—Any person who,

11 without sufficient cause, violates or fails to comply with

12 an order of the Administrator issued under this section,

13 shall be liable for civil penalties to the United States in

14 an amount not to exceed $25,000 per day for each day

15 on which such violation or failure occurs or continues.’’.

16 SEC. 10. CITIZEN SUITS.

17 (a) SUITS FOR PAST VIOLATIONS.—Section 505 of

18 the Federal Water Pollution Control Act (33 U.S.C. 1365)

19 is amended—

20 (1) in subsection (a)(1) by inserting ‘‘to have

21 violated or’’ after ‘‘who is alleged’’;

22 (2) in subsection (b)(1)(A)(ii) by striking ‘‘oc23 curs’’ and inserting ‘‘has occurred or is occurring’’;

24 and
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1 (3) in subsection (f)(6) by inserting ‘‘has been

2 or’’ after ‘‘which’’.

3 (b) TIME LIMIT.—Section 505(b)(1)(A) of such Act

4 is amended by striking ‘‘60 days’’ and inserting ‘‘30

5 days’’.

6 (c) EFFECT OF JUDGMENTS ON CITIZEN SUITS.—

7 Section 505(b) of such Act is further amended—

8 (1) in paragraph (1)(B)—

9 (A) by striking ‘‘, or a State’’; and

10 (B) by striking ‘‘right.’’ and inserting

11 ‘‘right and may obtain costs of litigation under

12 subsection (d), or’’; and

13 (2) by adding at the end the following: ‘‘The

14 notice under paragraph (1)(A) need set forth only

15 violations which have been specifically identified in

16 the discharge monitoring reports of the alleged viola17 tor. An action by a State under subsection (a)(1)

18 may be brought at any time. No judicial action by

19 the Administrator or a State shall bar an action for

20 the same violation under subsection (a)(1) unless the

21 action is by the Administrator and meets the re22 quirements of this paragraph. No administrative ac23 tion by the Administrator or a State shall bar a

24 pending action commenced after February 4, 1987,

25 for the same violation under subsection (a)(1) unless
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1 the action by the Administrator or a State meets the

2 requirements of section 309(g)(6) of this Act.’’.

3 (d) CONSENT JUDGMENTS.—Section 505(c)(3) of

4 such Act is amended by adding at the end the following:

5 ‘‘Consent judgments entered under this section may pro6 vide that the civil penalties included in the consent judg7 ment be used for carrying out mitigation projects in ac8 cordance with section 309(d).’’.

9 (e) PRETREATMENT REQUIREMENTS.—Section

10 505(f)(4) of such Act is amended by striking ‘‘or

11 pretreatment standards’’ and inserting ‘‘or pretreatment

12 standard or requirement described in section 307(d)’’.

13 (f) EFFLUENT STANDARD DEFINITION.—Section

14 505(f)(6) of such Act is amended by inserting ‘‘narrative

15 or mathematical’’ before ‘‘condition’’.

16 (g) DEFINITION OF CITIZEN.—Section 505(g) of

17 such Act is amended to read as follows:

18 ‘‘(g) CITIZEN DEFINED.—For purposes of this sec19 tion, the term ‘citizen’ means a person or persons having

20 an interest (including a recreational, aesthetic, environ21 mental, health, or economic interest) which is, has been,

22 or may be adversely affected and includes a person who

23 uses or enjoys the waters into which the discharge flows

24 (either directly or through a publicly owned treatment

25 works), who uses or enjoys aquatic resources or nearby
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1 lands associated with the waters, or who would use or

2 enjoy the waters, aquatic resources, or nearby lands if they

3 were less polluted.’’.

4 (h) OFFERS OF JUDGMENT.—Section 505 of such

5 Act is further amended by adding at the end the following:

6 ‘‘(i) APPLICABILITY OF OFFERS OF JUDGMENT.—Of7 fers of judgment pursuant to Rule 68 of the Federal Rules

8 of Civil Procedure shall not be applicable to actions

9 brought under subsection (a)(1) of this section.’’.

10 SEC. 11. ISSUANCE OF SUBPOENAS.

11 Section 509(a)(1) of the Federal Water Pollution

12 Control Act (33 U.S.C. 1369(a)(1)) is amended by strik13 ing ‘‘obtaining information under section 305 of this Act,

14 or carrying out section 507(e) of this Act,’’ and inserting

15 ‘‘carrying out this Act,’’.

16 SEC. 12. JUDICIAL REVIEW OF EPA ACTIONS.

17 Section 509(b)(1) of the Federal Water Pollution

18 Control Act (33 U.S.C. 1369(b)(1)) is amended—

19 (1) by inserting after the comma at the end of

20 clause (D) ‘‘including a decision to deny a petition

21 by interested person to veto an individual permit is22 sued by a State,’’;

23 (2) by inserting after the comma at the end of

24 clause (E) ‘‘including a decision not to include any

25 pollutant in such effluent limitation or other limita-
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1 tion if the Administrator has or is made aware of in2 formation indicating that such pollutant is present

3 in any discharge subject to such limitation,’’; and

4 (3) by striking ‘‘and (G)’’ and inserting the fol5 lowing: ‘‘(G) in issuing or approving any water qual6 ity standard under section 303(c) or 303(d), (H) in

7 issuing any water quality criterion under section

8 304(a), including a decision not to address any ef9 fect of the pollutant subject to such criterion if the

10 Administrator has or is made aware of information

11 indicating that such effect may occur, and (J)’’.

12 SEC. 13. NATIONAL CLEAN WATER TRUST FUND.

13 (a) IN GENERAL.—Title V of the Federal Water Pol14 lution Control Act (33 U.S.C. 1361–1377) is amended by

15 redesignating section 519 as section 520 and by inserting

16 after section 518 the following new section:

17 ‘‘SEC. 519. NATIONAL CLEAN WATER TRUST FUND.

18 ‘‘(a) CREATION OF TRUST FUND.—There is estab19 lished in the Treasury of the United States a trust fund

20 to be known as the ‘Clean Water Trust Fund’.

21 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here22 by appropriated to the Clean Water Trust Fund amounts

23 equivalent to the penalties collected under section 309 of

24 this Act and the penalties collected under section 505(a)

25 of this Act (excluding any amounts ordered to be used to
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1 carry out mitigation projects under section 309 or 505(a),

2 as the case may be).

3 ‘‘(c) ADMINISTRATION OF TRUST FUND.—The Ad4 ministrator shall administer the Clean Water Trust Fund.

5 The Administrator may use moneys in the Fund to carry

6 out inspections and enforcement activities pursuant to this

7 Act. In addition, the Administrator may make such

8 amounts of money in the Fund as the Administrator de9 termines appropriate available to carry out title VI of this

10 Act.’’.

11 (b) CONFORMING AMENDMENT TO STATE REVOLV12 ING FUND PROGRAM.—Section 607 of such Act (33

13 U.S.C. 1387) is amended—

14 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

15 ‘‘There is’’; and

16 (2) by adding at the end the following:

17 ‘‘(b) TREATMENT OF TRANSFERS FROM CLEAN

18 WATER TRUST FUND.—For purposes of this title,

19 amounts made available from the Clean Water Trust

20 Fund under section 519 of this Act to carry out this title

21 shall be treated as funds authorized to be appropriated

22 to carry out this title and as funds made available under

23 this title.’’.
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1 SEC. 14. RETROACTIVE APPLICABILITY.

2 Sections 101(h), 309(g)(6)(A), 505(a)(1), 505(b),

3 505(g), and 505(i) of the Federal Water Pollution Control

4 Act, as inserted or amended by this Act, shall be retro5 actively applicable to all cases pending under such Act on

6 the date of the enactment of this Act and all cases brought

7 on or after such date of enactment relating to violations

8 which occurred before such date of amendment.

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