I 
108TH CONGRESS 
1ST SESSION H. R. 1624
To amend the Federal Water Pollution Control Act to improve the 
enforcement and compliance programs. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2003
Mr. PALLONE 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 
improve the enforcement and compliance programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Water Enforce-
ment and Compliance Improvement Act of 2003’’. 
SEC. 2. FINDINGS. 
(a) IN GENERAL.—Congress finds that—
(1) a significant number of persons who have 
been issued permits under section 402 of the Fed-
eral Water Pollution Control Act are in violation of 
such permits; 
(2) current enforcement programs of the Ad-
ministrator of the Environmental Protection Agency 
and the States fail to address violations of such per-
mits in a timely and effective manner; 
(3) full, accurate and prompt reporting of pos-
sible violations of the Federal Water Pollution Con-
trol Act is necessary for implementation and well 
served by assuring that good faith reporters of pos-
sible violations are protected against adverse per-
sonnel actions; 
(4) often violations of such permits continue for 
a considerable period of time, yielding significant 
economic benefits for the violator and thus penal-
izing similar facilities which act lawfully; 
(5) penalties assessed and collected by the Ad-
ministrator from violators of such permits are often 
less than the economic benefit gained by the violator; 
(6) swift and timely enforcement by the Admin-
istrator and the States of violations of such permits 
is necessary to increase levels of compliance with 
such permits; and 
(7) actions of private citizens have been effec-
tive in enforcing such permits and directing funds to
environmental mitigation projects with over $12.8 
million in penalties and interest having been recov-
ered and deposited with the Treasury of the United 
States over the fiscal years 1990 through 1999. 
(b) FINDING WITH RESPECT TO HARM CAUSED BY 
VIOLATIONS.—Section 101 of the Federal Water Pollution 
Control Act (33 U.S.C. 1251) is amended by adding at 
the end the following: 
‘‘(h) FINDING WITH RESPECT TO HARM CAUSED BY 
VIOLATIONS.—Congress finds that a discharge which re-
sults in a violation of this Act or a regulation, standard, 
limitation, requirement, or order issued pursuant to this 
Act interferes with the restoration and maintenance of the 
chemical, physical, and biological integrity of any waters 
into which the discharge flows (either directly or through 
a publicly owned treatment works), including any waters 
into which the receiving waters flow, and, therefore, harms 
those who use or enjoy such waters and those who use 
or enjoy nearby lands or aquatic resources associated with 
those waters. 
‘‘(i) FINDING WITH RESPECT TO CITIZEN SUITS.—
Congress finds that citizen suits are a valuable means of 
enforcement of this Act and urges the Administrator to 
take actions to encourage such suits, including providing 
information concerning violators to citizen groups to assist
them in bringing suits, providing expert witnesses and 
other evidence with respect to such suits, and filing amicus 
curiae briefs on important issues related to such suits.’’. 
SEC. 3. VIOLATIONS OF REQUIREMENTS OF LOCAL CON-
TROL AUTHORITIES. 
Section 307(d) of Federal Water Pollution Control 
Act (33 U.S.C. 1317(d)) is amended to read as follows: 
‘‘(d) VIOLATIONS.—After the date on which (1) any 
effluent standard or prohibition or pretreatment standard 
or requirement takes effect under this section, or (2) any 
requirement imposed in a pretreatment program under 
section 402(a)(3) or 402(b)(8) of this Act takes effect, it 
shall be unlawful for any owner or operator of any source 
to operate such source in violation of the effluent stand-
ard, prohibition, pretreatment standard, or requirement.’’. 
SEC. 4. INSPECTIONS, MONITORING, AND PROVIDING IN-
FORMATION. 
(a) APPLICABILITY
OF
REQUIREMENTS.—Section 
308(a)(4)(A) of the Federal Water Pollution Control Act 
(33 U.S.C. 1318(a)(4)(A)) is amended by striking ‘‘the 
owner or operator of any point source’’ and inserting ‘‘a 
person subject to any requirement of this Act’’.
(b) PUBLIC ACCESS TO INFORMATION.—The first 
sentence of section 308(b) of such Act is amended—
(1) by inserting ‘‘(including information con-
tained in the permit compliance system of the Envi-
ronmental Protection Agency)’’ after ‘‘obtained 
under this section’’; 
(2) by inserting ‘‘made’’ after ‘‘shall be’’; and 
(3) by inserting ‘‘by computer telecommuni-
cation and other means for a period of at least 10 
years’’ after ‘‘public’’ the first place it appears. 
(c) PUBLIC INFORMATION.—Section 308 of such Act 
is further amended by adding at the end the following: 
‘‘(e) PUBLIC INFORMATION.—
‘‘(1) POSTING OF NOTICE OF POLLUTED WA-
TERS.—At each major point of public access (includ-
ing, at a minimum, beaches, parks, recreation areas, 
marinas, and boat launching areas) to a body of 
navigable water that does not meet an applicable 
water quality standard or that is subject to a fishing 
or shell fishing ban, advisory, or consumption re-
striction (issued by a Federal, State, or local author-
ity) due to fish or shellfish contamination, the State 
within which boundaries all or any part of such body
of water lies shall, either directly or through local 
authorities, post and maintain a clearly visible sign 
which—
‘‘(A) indicates the water quality standard 
that is being violated or the nature and extent 
of the restriction on fish or shellfish consump-
tion, as the case may be; 
‘‘(B) includes (i) information on the envi-
ronmental and health effects associated with 
the failure to meet such standard or with the 
consumption of fish or shellfish subject to the 
restriction, and (ii) a phone number for obtain-
ing additional information relating to the viola-
tion and restriction; and 
‘‘(C) will be maintained until the body of 
water is in compliance with the water quality 
standard or until all fish and shellfish consump-
tion restrictions are terminated with respect to 
the body of water, as the case may be. 
‘‘(2) NOTICE OF DISCHARGES TO NAVIGABLE 
WATERS.—Except for permits issued to municipali-
ties for discharges composed entirely of stormwater 
under section 402 of this Act, each permit issued 
under section 402 by the Administrator or by a 
State shall ensure compliance with the following re-
quirements:
‘‘(A) Every permittee shall conspicuously 
maintain at all public entrances to the facility
a clearly visible sign which indicates that the 
facility discharges pollutants into navigable wa-
ters and the location of such discharges; the 
name, business address, and phone number of 
the permittee; the permit number; and a loca-
tion at which a copy of the permit and public 
information required by this paragraph is main-
tained and made available for inspection or a 
phone number for obtaining such information. 
‘‘(B) Each permittee which is a publicly 
owned treatment works shall include in each 
quarterly mailing of a bill to each customer of 
the treatment works information which indi-
cates that the treatment works discharges pol-
lutants into the navigable waters and the loca-
tion of each of such discharges; the name, busi-
ness address and phone number of the per-
mittee; the permit number; a location at which 
a copy of the permit and public information re-
quired by this paragraph is maintained and 
made available for inspection or a phone num-
ber for obtaining such information; and a list of 
all violations of the requirements of the permit 
by the treatment works over the preceding 12-
month period.
‘‘(3) REGULATIONS.—
‘‘(A) ISSUANCE.—The Administrator—
‘‘(i) not later than 6 months after the 
date of enactment of this subsection, shall 
propose regulations to carry out this sub-
section; and 
‘‘(ii) not later than 18 months after 
such date of enactment, shall issue such 
regulations. 
‘‘(B) CONTENT.—The regulations issued to 
carry out this subsection shall establish—
‘‘(i) uniform requirements and proce-
dures for identifying and posting bodies of 
water under paragraph (1); 
‘‘(ii) minimum information to be in-
cluded in signs posted and notices issued 
pursuant to this subsection; 
‘‘(iii) uniform requirements and proce-
dures for fish and shellfish sampling and 
analysis; and 
‘‘(iv) uniform requirements for deter-
mining the nature and extent of fish and 
shellfish bans, advisories, and consumption 
restrictions which—
‘‘(I) address cancer and non-
cancer human health risks; 
‘‘(II) take into account the ef-
fects of all fish and shellfish contami-
nants, including the cumulative and 
synergistic effects; 
‘‘(III) assure the protection of 
subpopulations who consume higher 
than average amounts of fish and 
shellfish or are particularly susceptible 
to the effects of such contamination; 
‘‘(IV) address race, gender, eth-
nic composition, or social and eco-
nomic factors, based on the latest 
available studies of national or re-
gional consumption by and impacts on 
such subpopulations unless more reli-
able site-specific data is available; 
‘‘(V) are based on a margin of 
safety that takes into account the un-
certainties in human health impacts 
from such contamination; and
‘‘(VI) evaluate assessments of 
health risks of contaminated fish and 
shellfish that are used in pollution
control programs developed by the Ad-
ministrator under this Act.’’. 
(d) COMMUNITY FAIRNESS REQUIREMENTS.—Sec-
tion 308 of such Act is further amended by adding at the 
end the following: 
‘‘(f) CLEAN WATER COMMUNITY FAIRNESS.—
‘‘(1) PURPOSE.—The purpose of this subsection 
is to ensure that violations of this title and title IV 
in predominately minority or economically distressed 
communities are identified and enforcement actions 
brought as quickly and effectively as violations in 
other communities. 
‘‘(2) DESIGNATION
OF
SPECIAL
PRIORITY 
AREAS.—
‘‘(A) IN
GENERAL.—Not later than 6 
months after the date of enactment of this sub-
section, the President, acting through the Sec-
retary of Commerce, shall publish a list of ‘spe-
cial priority areas’, which shall be geographic
areas in which residents face a high degree of 
economic distress or social disenfranchisement. 
‘‘(B) UPDATES.—The President shall up-
date the list not later than 2 years after each 
official census count on social and economic
characteristics performed by the Bureau of the 
Census under title 13, United States Code. 
‘‘(C) 
REASONS
FOR
INCLUSION.—The 
President shall state the reason for including 
each area on the list. 
‘‘(D) AREAS INCLUDED.—The list shall in-
clude—
‘‘(i) all census tracts (or where not 
tracted, all equivalent county divisions as 
defined by the Bureau of the Census for 
the purpose of defining poverty areas) in 
which the poverty rate was more than 20 
percent, as determined by the most recent 
census data available; 
‘‘(ii) areas that consist of parts of one 
or more census tracts or block numbering 
areas, and which the President believes ex-
perience a high degree of pervasive pov-
erty, unemployment, and general distress; 
‘‘(iii) all census tracts or block num-
bering areas in which more than 50 per-
cent of residents identify themselves as one 
or more of Black, Asian, American Indian, 
Pacific Islander, Eskimo, or Aleut, or of 
any other non-White origin or of Hispanic
origin, as determined by the Bureau of the 
Census using the most recent census data 
available; and 
‘‘(iv) areas in which the President be-
lieves residents may be subject to higher 
than average exposure to hazardous sub-
stances, as determined by the President 
using data gathered from Federal, State, 
and local government agencies and other 
sources of information. 
‘‘(3) FREQUENCY, TIMELINESS, AND
EFFEC-
TIVENESS OF ENFORCEMENT ACTIONS IN SPECIAL 
PRIORITY AREAS.—The President shall ensure that 
inspection activities undertaken and enforcement ac-
tions brought by Federal agencies against persons in 
violation of this title and title IV in special priority 
areas shall be, at a minimum, at least as frequent, 
swift, and effective as inspection activities and en-
forcement actions brought against violators in other 
communities. 
‘‘(4) REPORTING
ON
INSPECTIONS
AND
EN-
FORCEMENT
ACTIONS
IN
SPECIAL
PRIORITY 
AREAS.—Not later than 2 years after the date of en-
actment of this subsection, and every 2 years there-
after, the President shall transmit to Congress a re-
port comparing inspection rates and enforcement ac-
tions taken against facilities in special priority areas 
with actions taken on a national basis. The report 
shall contain a comparison of the following: 
‘‘(A) The rate of enforcement actions in 
special priority areas with the aggregate na-
tional rate of enforcement actions for violations 
of this title and title IV. 
‘‘(B) The average time for enforcement ac-
tions to be completed against persons subject to 
provisions of this title and title IV in special 
priority areas with the average enforcement 
time on a national basis. 
‘‘(C) The type and average amount of pen-
alties assessed against violators of this title and 
title IV in special priority areas with the type 
and average amount assessed against violators 
of this title and title IV on a national basis. 
‘‘(D) The percentage of noncompliance and 
the severity of noncompliance of persons subject 
to provisions of this title and title IV in special 
priority areas with the average percentage of
noncompliance and the severity of noncompli-
ance on a national basis.
‘‘(E) The frequency rate of inspection ac-
tivities at facilities subject to this title and title 
IV in special priority areas with the inspection 
rate at a national level.’’. 
(e) STATE REPORTS.—Section 305(b) of such Act 
(33 U.S.C. 1315(b)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D); 
(B) by striking the period at the end of 
subparagraph (E) and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(F) a list identifying bodies of water for 
which 
signs 
were 
posted 
under 
section 
308(e)(1) in the preceding year and the reason 
or reasons for such posting; and 
‘‘(G) an analysis of the enforcement ac-
tions taken by such State during the preceding 
year, including (i) the number of enforcement 
actions, (ii) the type of enforcement action, (iii) 
the average penalty assessed and collected for 
each action, (iv) the number of facilities in non-
compliance and the reason for such noncompli-
ance, (v) the number of facilities in noncompli-
ance and the reason for such noncompliance, 
(vi) the number and percentage of facilities with 
expired permits, (vii) the number and percent 
of waters that are impaired, and (viii) the acres 
of wetlands authorized to be filled, restored, or 
created.’’; and 
(2) by adding at the end the following: 
‘‘(3) CONTINUATION OF REPORTING.—Section 
3003 of the Federal Reports Elimination and Sunset 
Act of 1995 (31 U.S.C. 1113 note; 109 Stat 734–
736) shall not apply to reporting under this sub-
section.’’. 
SEC. 5. CIVIL PENALTIES. 
(a) ENFORCEMENT OF LOCAL PRETREATMENT RE-
QUIREMENTS.—
(1) COMPLIANCE ORDERS.—
(A) INITIAL ACTION.—Section 309(a)(1) of 
the Federal Water Pollution Control Act (33 
U.S.C. 1319(a)(1)) is amended by inserting
after ‘‘404 of this Act,’’ the following: ‘‘or is 
in violation of any requirement imposed in a 
pretreatment program approved under section 
402(a)(3) or 402(b)(8) of this Act,’’. 
(B) 
ISSUANCE
OF
ORDERS.—Section 
309(a)(3) of such Act is amended by inserting
after ‘‘404 of this Act by a State,’’ the fol-
lowing: ‘‘or is in violation of any requirement 
imposed in a pretreatment program approved 
under section 402(a)(3) or 402(b)(8) of this 
Act,’’.
(2) 
CRIMINAL
PENALTIES.—Section 
309(c)(3)(A) of such Act is amended by inserting 
after ‘‘Army or by a State,’’ the following: ‘‘or know-
ingly violates any requirement imposed in a 
pretreatment 
program 
approved 
under 
section 
402(a)(3) or 402(b)(8) of this Act,’’. 
(3) 
ADMINISTRATIVE
PENALTIES.—Section 
309(g)(1)(A) of such Act is amended by inserting 
after ‘‘404 by a State,’’ the following: ‘‘or has vio-
lated any requirement imposed in a pretreatment 
program approved under section 402(a)(3) or 
402(b)(8) of this Act or an order issued by the Ad-
ministrator under subsection (a) of this section,’’. 
(b) TREATMENT
OF SINGLE OPERATIONAL UP-
SETS.—
(1) CRIMINAL PENALTIES.—Section 309(c) of 
such Act is amended by striking paragraph (5) and 
redesignating paragraphs (6) and (7) as paragraphs 
(5) and (6), respectively.
(2) CIVIL PENALTIES.—Section 309(d) of such 
Act is amended by striking the last sentence. 
(3) 
ADMINISTRATIVE
PENALTIES.—Section 
309(g)(3) of such Act is amended by striking the 
last sentence.
(c) USE
OF CIVIL PENALTIES
FOR MITIGATION 
PROJECTS.—
(1) IN GENERAL.—Section 309(d) of such Act 
is amended by inserting after the second sentence 
the following: ‘‘The court, in its discretion, may 
order that all or a portion of a civil penalty be used 
for carrying out beneficial projects to enhance public 
health or the environment by restoring or otherwise 
improving, in a manner consistent with this Act, the 
water quality, wildlife, or habitat of specific waters 
or watershed of the State in which the violation oc-
curred.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
505(a) of such Act (33 U.S.C. 1365(a)) is amended 
by inserting before the period at the end of the last 
sentence the following: ‘‘, including ordering, in ac-
cordance with section 309(d), the use of all or a por-
tion of a civil penalty for carrying out beneficial
projects to enhance public health or the environment 
by restoring or otherwise improving, in a manner
consistent with this Act, the water quality, wildlife, 
or habitat of specific waters or watershed of the 
State in which the violation occurred’’. 
(d) DETERMINATION OF AMOUNT OF PENALTIES.—
(1) CIVIL PENALTIES.—The second sentence of 
section 309(d) of such Act (33 U.S.C. 1319(d)) is 
amended by inserting ‘‘the amount of any penalty 
previously imposed on the violator by a court or ad-
ministrative agency for the same violation or viola-
tions,’’ after ‘‘economic impact of the penalty on the 
violator,’’. 
(2) 
ADMINISTRATIVE
PENALTIES.—Section 
309(g)(3) of such Act is amended—
(A) by striking ‘‘or savings’’; or 
(B) by inserting ‘‘the amount of any pen-
alty previously imposed on the violator by a 
court or administrative agency for the same vio-
lation or violations,’’ after ‘‘resulting from the 
violation,’’. 
(e) LIMITATION ON DEFENSES.—Section 309(g)(1) 
of such Act is amended by adding at the end the following: 
‘‘In a proceeding to assess or review a penalty under this 
subsection, the adequacy of consultation between the Ad-
ministrator or the Secretary, as the case may be, and the
State shall not be a defense to assessment or enforcement 
of such penalty.’’. 
(f) AMOUNTS
OF
ADMINISTRATIVE
CIVIL
PEN-
ALTIES.—
(1) GENERAL
RULE.—Section 309(g)(2) of 
such Act is amended to read as follows: 
‘‘(2) AMOUNT OF PENALTIES; NOTICE; HEAR-
ING.—
‘‘(A) MAXIMUM AMOUNT OF PENALTIES.—
The amount of a civil penalty under paragraph 
(1) may not exceed $27,500 per violation per 
day for each day during which the violation 
continues. 
‘‘(B) WRITTEN
NOTICE.—Before issuing 
an order assessing a civil penalty under this 
subsection, the Administrator or the Secretary, 
as the case may be, shall give to the person to 
be assessed the penalty written notice of the 
Administrator’s or Secretary’s proposal to issue 
the order and the opportunity to request, within 
30 days of the date the notice is received by 
such person, a hearing on the proposed order. 
‘‘(C) HEARINGS NOT ON THE RECORD.—If 
the proposed penalty does not exceed $27,500, 
the hearing shall not be subject to section 554
or 556 of title 5, United States Code, but shall 
provide a reasonable opportunity to be heard 
and to present evidence. 
‘‘(D) HEARINGS ON THE RECORD.—If the 
proposed penalty exceeds $27,500, the hearing 
shall be on the record in accordance with sec-
tion 554 of title 5, United States Code. The 
Administrator and the Secretary may issue 
rules for discovery procedures for hearings 
under this subparagraph.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
309(g) of such Act is amended—
(A) in paragraph (1) by striking ‘‘class I 
civil penalty or a class II’’; 
(B) in the second sentence of paragraph 
(4)(C) by striking ‘‘(2)(A) in the case of a class 
I civil penalty and paragraph (2)(B) in the case 
of a class II civil penalty’’ and inserting ‘‘(2)’’; 
and 
(C) in the first sentence of paragraph (8) 
by striking ‘‘assessment—’’ and all that follows 
through ‘‘by filing’’ and inserting ‘‘assessment 
in the United States District Court for the Dis-
trict of Columbia or in the district in which the 
violation is alleged to have occurred by filing’’.
(g) STATE ENFORCEMENT ACTIONS AS BAR TO FED-
ERAL ENFORCEMENT ACTIONS.—Section 309(g)(6)(A) of 
such Act is amended—
(1) by inserting ‘‘or’’ after the comma at the 
end of clause (i); 
(2) by striking clause (ii); and 
(3) by redesignating clause (iii) as clause (ii) 
and in such clause—
(A) by striking ‘‘, the Secretary, or the 
State’’ and inserting ‘‘or the Secretary’’; and 
(B) by striking ‘‘or such comparable State 
law, as the case may be,’’. 
(h) RECOVERY
OF ECONOMIC BENEFIT.—Section 
309 of such Act is amended by adding at the end the fol-
lowing: 
‘‘(h) RECOVERY OF ECONOMIC BENEFIT.—
‘‘(1) GENERAL
RULE.—Notwithstanding any 
other provision of this section, any civil penalty as-
sessed and collected under this section must be in an 
amount which is not less than the amount of any 
economic benefit resulting from the violation for 
which the penalty is assessed. 
‘‘(2) REGULATIONS.—Not later than 18 months 
after the date of enactment of this subsection, the 
Administrator shall issue regulations establishing a
methodology for calculating the economic benefits or 
savings resulting from violations of this Act. Pend-
ing issuance of such regulations, this subsection 
shall be in effect and economic benefits shall be cal-
culated for purposes of paragraph (1) on a case-by-
case basis.’’. 
(i) LIMITATION ON COMPROMISES.—Section 309 of 
such Act is further amended by adding at the end the fol-
lowing: 
‘‘(i) LIMITATION ON COMPROMISES OF CIVIL PEN-
ALTIES.—Notwithstanding any other provision of this sec-
tion, the amount of a civil penalty assessed under this sec-
tion may not be compromised below the amount deter-
mined by adding—
‘‘(1) the minimum amount required for recovery 
of economic benefit under subsection (h), to 
‘‘(2) 50 percent of the difference between the 
amount of the civil penalty assessed and such min-
imum amount.’’. 
(j) MINIMUM AMOUNT FOR SERIOUS VIOLATIONS.—
Section 309 of such Act is further amended by adding at 
the end the following:
‘‘(j) MINIMUM CIVIL PENALTIES FOR SERIOUS VIO-
LATIONS AND SIGNIFICANT NONCOMPLIERS.—
‘‘(1) SERIOUS
VIOLATIONS.—Notwithstanding 
any other provision of this section (other than para-
graph (2)), the minimum civil penalty which shall be 
assessed and collected under this section from a per-
son—
‘‘(A) for a discharge from a point source of 
a hazardous pollutant which exceeds or other-
wise violates any applicable effluent limitation 
established by or under this Act by 20 percent 
or more, or 
‘‘(B) for a discharge from a point source 
of a pollutant (other than a hazardous pollut-
ant) which exceeds or otherwise violates any ap-
plicable effluent limitation established by or 
under this Act by 40 percent or more, 
shall be $1,000 for the first such violation in a 180-
day period. 
‘‘(2) SIGNIFICANT
NONCOMPLIERS.—Notwith-
standing any other provision of this section, the min-
imum civil penalty which shall be assessed and col-
lected under this section from a person—
‘‘(A) for the second or more discharge in 
a 180-day period from a point source of a haz-
ardous pollutant which exceeds or otherwise vio-
lates any applicable effluent limitation estab-
lished by or under this Act by 20 percent or 
more, 
‘‘(B) for the second or more discharge in 
a 180-day period from a point source of a pol-
lutant (other than a hazardous pollutant) which 
exceeds or otherwise violates any applicable ef-
fluent limitation established by or under this 
Act by 40 percent or more, 
‘‘(C) for the fourth or more discharge in a 
180-day period from a point source of any pol-
lutant which exceeds or otherwise violates the 
same effluent limitation, or 
‘‘(D) for not filing in a 180-day period 2 
or more reports in accordance with section 
402(s)(1), 
shall be $5,000 for each of such violations. 
‘‘(3) MANDATORY
INSPECTIONS
FOR
SIGNIFI-
CANT
NONCOMPLIERS.—The Administrator shall 
identify any person described in paragraph (2) as a 
significant noncomplier and shall conduct an inspec-
tion described in section 402(r) of this Act of the fa-
cility at which the violations were committed. Such 
inspections shall be conducted at least once in the 
180-day period following the date of the most recent
violation which resulted in such person being identi-
fied as a significant noncomplier. 
‘‘(4) ANNUAL REPORTING.—The Administrator 
shall transmit to Congress and to the Governors of 
the States and shall publish in the Federal Register, 
on an annual basis, a list of all persons identified as 
significant noncompliers under paragraph (3) in the 
preceding calendar year and the violations which re-
sulted in such classifications. The Administrator 
shall make the list available to the public upon re-
quest. 
‘‘(5) HAZARDOUS POLLUTANT DEFINED.—For 
purposes of this subsection, the term ‘hazardous pol-
lutant’ has the meaning the term ‘hazardous sub-
stance’ has under subsection (c)(6) of this section.’’. 
(k) STATE PROGRAM.—Section 402(b)(7) of such Act 
(33 U.S.C. 1342(b)(7)) is amended to read as follows: 
‘‘(7) To abate violations of the permit or the 
permit program which shall include, beginning on 
the last day of the 2-year period beginning on the 
date of the enactment of the Clean Water Compli-
ance and Enforcement Improvement Act of 2003, a 
penalty program comparable to the Federal penalty 
program under section 309 of this Act and which 
shall include at a minimum criminal, civil, and civil
administrative penalties, and may include other ways 
and means of enforcement, which the State dem-
onstrates to the satisfaction of the Administrator are 
equally effective as the Federal penalty program;’’. 
(l) FEDERAL PROCUREMENT COMPLIANCE INCEN-
TIVE.—Section 508(a) of such Act (33 U.S.C. 1368(a)) 
is amended by inserting after the second comma ‘‘or who 
is identified under section 309(j)(3) of this Act,’’. 
SEC. 6. NATIONAL POLLUTANT DISCHARGE ELIMINATION 
PERMITS. 
(a) WITHDRAWAL OF STATE PROGRAM APPROVAL.—
Section 402(b) of the Federal Water Pollution Control Act 
(33 U.S.C. 1342(b)) is amended by striking ‘‘unless he 
determines that adequate authority does not exist:’’ and 
inserting the following: ‘‘only when he determines that 
adequate authority exists and shall withdraw program ap-
proval whenever he determines that adequate authority no 
longer exists:’’. 
(b) JUDICIAL REVIEW OF RULINGS ON APPLICA-
TIONS FOR STATE PERMITS.—Section 402(b)(3) of such 
Act is amended by inserting ‘‘and to ensure that any inter-
ested person who participated in the public comment proc-
ess and any other person who could obtain judicial review 
of that action under any other applicable law has the right
to judicial review of such ruling’’ before the semicolon at 
the end. 
(c) INSPECTIONS FOR MAJOR INDUSTRIAL AND MU-
NICIPAL DISCHARGERS.—Section 402(b) of such Act is 
amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(8); 
(2) by striking the period at the end of para-
graph (9) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(10) To ensure that any permit for a dis-
charge from a major industrial or municipal facility, 
as defined by the Administrator by regulation, in-
cludes conditions under which such facility will be 
subject to at least annual inspections by the State 
in accordance with subsection (r) of this section;’’. 
(d) MONTHLY REPORTS FOR SIGNIFICANT INDUS-
TRIAL USERS OF POTWS.—Section 402(b) of such Act 
is further amended by adding at the end the following: 
‘‘(11) To ensure that any permit for a dis-
charge from a publicly owned treatment works in the 
State includes conditions under which the treatment 
works will require any significant industrial user of 
the treatment works, as defined by the Adminis-
trator by regulation, to prepare and submit to the
Administrator, the State, and the treatment works 
a monthly discharge monitoring report as a condi-
tion to using the treatment works;’’. 
(e) PERMITS REQUIRED
FOR INTRODUCTION
OF 
POLLUTANTS INTO POTWS.—Section 402(b) of such Act 
is further amended by adding at the end the following: 
‘‘(12) To ensure that, after the last day of the 
2-year period beginning on the date of the enact-
ment of this paragraph, any significant industrial 
user, or other source designated by the Adminis-
trator, introducing a pollutant into a publicly owned 
treatment works has, and operates in accordance 
with, a permit issued by the treatment works or the 
State for introduction of such pollutant; and’’. 
(f) GRANTING OF AUTHORITY TO POTWS FOR IN-
SPECTIONS AND PENALTIES.—Section 402(b) of such Act 
is further amended by adding at the end the following: 
‘‘(13) To ensure that the State will grant to 
publicly owned treatment works in the State, not 
later than 3 years after the date of the enactment 
of this paragraph, authority, power, and responsi-
bility to conduct inspections under subsection (r) of 
this section and to assess and collect civil penalties 
and civil administrative penalties under paragraph 
(7) of this subsection.’’.
(g) DENIAL OF PERMITS TO BAD ACTORS.—Section 
402(b) of such Act is further amended by adding at the 
end the following: 
‘‘(14) To deny permit issuance or renewal to 
applicants whose compliance history in the State 
shows a demonstrated disregard for environmental 
laws and regulations or a pattern of noncompliance 
with such laws and regulations.’’. 
(h) CITIZEN PETITIONS.—Section 402(d) of such Act 
is amended—
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) PETITIONING
ADMINISTRATOR
TO
ISSUE 
PERMIT.—
‘‘(A) IN GENERAL.—If the Administrator 
does not object, in writing, to the issuance of a 
proposed permit pursuant to paragraph (2), any 
person may petition the Administrator within 
60 days after the expiration of the 90-day re-
view period specified in paragraph (2) to take 
such action.
‘‘(B) COPIES.—A copy of such petition 
shall be provided to the State and the applicant 
by the petitioner. 
‘‘(C) BASIS.—The petition shall be based 
only on objections to the permit that were 
raised with reasonable specificity during the 
public comment period provided by the State 
(unless the petitioner demonstrates in the peti-
tion to the Administrator that it was impracti-
cable to raise such objections within such period 
or unless the grounds for such objection arose 
after such period). The petition shall identify all 
such objections. 
‘‘(D) EFFECT
ON
STATE-ISSUED
PER-
MIT.—If the permit has been issued by the 
State, the petition shall not postpone the effec-
tiveness of the permit. 
‘‘(E) 
DEADLINES.—The 
Administrator 
shall grant or deny the petition within 60 days 
after the petition is filed. The Administrator 
shall issue an objection within such period if 
the petitioner demonstrates to the Adminis-
trator that the permit is not in compliance with 
the requirements of this Act, including applica-
ble Federal and State regulations in effect 
under this Act. 
‘‘(F) JUDICIAL REVIEW.—A denial of the 
petition shall be subject to judicial review under 
section 509. 
‘‘(G) REGULATIONS.—The Administrator 
shall issue regulations to implement this para-
graph. 
‘‘(H) 
NONDELEGATION.—The 
Adminis-
trator may not delegate the requirements of 
this paragraph.’’; 
(3) in paragraph (4) (as redesignated by para-
graph (1) of this subsection), by inserting ‘‘WAIV-
ER.—’’ before ‘‘The Administrator’’; and 
(4) in paragraph (5) (as redesignated by para-
graph (1) of this subsection)—
(A) by inserting ‘‘PUBLIC HEARING
ON 
OBJECTIONS.—’’ before ‘‘In any’’; 
(B) by inserting ‘‘or (3)’’ after ‘‘(2)’’; and 
(C) by inserting at the end the following: 
‘‘No objection shall be subject to judicial review 
until the Administrator takes final action to 
issue or deny a permit under this subsection.’’; 
and
(5) by aligning paragraphs (4) and (5) (as re-
designated by paragraph (2) of this subsection) with 
paragraph (3) (as inserted by paragraph (2) of this 
subsection). 
(i) INSPECTION.—Section 402 of such Act is amend-
ed by adding at the end the following: 
‘‘(r) INSPECTION.—
‘‘(1) GENERAL RULE.—Each permit for a dis-
charge into the navigable waters or introduction of 
pollutants into a publicly owned treatment works 
issued under this section shall include conditions 
under which the effluent being discharged will be 
subject to random unannounced inspections in ac-
cordance with this subsection by the Administrator 
or the State, in the case of a State permit program 
under this section. 
‘‘(2) MINIMUM STANDARDS.—Not later than 6 
months after the date of enactment of this sub-
section, the Administrator shall establish minimum 
standards for inspections under this subsection. 
Such standards shall require, at a minimum, the fol-
lowing: 
‘‘(A) An annual representative sampling by 
the Administrator or the State, in the case of 
a State permit program under this section, of
the effluent being discharged; except that if the 
discharge is not from a major industrial or mu-
nicipal facility such sampling shall be conducted 
at least once every 3 years. 
‘‘(B) An analysis of all samples collected 
under subparagraph (A) by a Federal or State 
owned and operated laboratory or a State ap-
proved laboratory, other than one that is being 
used by the permittee or that is directly or indi-
rectly owned, operated, or managed by the per-
mittee. 
‘‘(C) An evaluation of the maintenance 
record of any treatment equipment of the per-
mittee. 
‘‘(D) An evaluation of the sampling tech-
niques used by the permittee. 
‘‘(E) A random check of discharge moni-
toring reports of the permittee for each 12-
month period for the purpose of determining 
whether or not such reports are consistent with 
the applicable analyses conducted under sub-
paragraph (B). 
‘‘(F) An inspection of the sample storage 
facilities and techniques of the permittee.’’.
(j) REPORTING.—Section 402 of such Act is further 
amended by adding at the end the following: 
‘‘(s) REPORTING.—
‘‘(1) GENERAL RULE.—Each person holding a 
permit issued under this section which is determined 
by the Administrator to be a major industrial or mu-
nicipal discharger of pollutants into the navigable 
waters shall prepare and submit to the Adminis-
trator a monthly discharge monitoring report. Any 
other person holding a permit issued under this sec-
tion shall prepare and submit to the Administrator 
quarterly discharge monitoring reports or more fre-
quent discharge monitoring reports if the Adminis-
trator requires. Such reports shall contain, at a min-
imum, such information as the Administrator shall 
require by regulation. 
‘‘(2) 
REPORTING
OF
HAZARDOUS
DIS-
CHARGES.—
‘‘(A) GENERAL
RULE.—If a discharge 
from a point source for which a permit is issued 
under this section exceeds an effluent limitation 
contained in such permit which is based on an 
acute water quality standard or any other dis-
charge which may cause an exceedance of an 
acute water quality standard or otherwise is
likely to cause injury to persons or damage to 
the environment or to pose a threat to human 
health and the environment, the person holding 
such permit shall notify the Administrator and 
the affected States and municipalities, in writ-
ing, of such discharge not later than 2 hours 
after the later of the time at which such dis-
charge commenced or the time at which the 
permittee knew or had reason to know of such 
discharge. 
‘‘(B) SPECIAL RULE FOR HAZARDOUS POL-
LUTANTS.—If a discharge described in subpara-
graph (A) is of a hazardous pollutant (as de-
fined in section 309(j) of this Act), the person 
holding such permit shall provide the Adminis-
trator with such additional information on the 
discharge as may be required by the Adminis-
trator. Such additional information shall be 
provided to the Administrator within 24 hours 
after the later of the time at which such dis-
charge commenced or the time at which the 
permittee became aware of such discharge. 
Such additional information shall include, at a 
minimum, an estimate of the danger posed by 
the discharge to the environment, whether the
discharge is continuing, and the measures taken 
or being taken (i) to remediate the problem 
caused by the discharge and any damage to the 
environment, and (ii) to avoid a repetition of 
the discharge. 
‘‘(3) SIGNATURE.—All reports filed under para-
graph (1) must be signed and dated by the highest 
ranking official having day-to-day managerial and 
operational responsibility for the facility at which the 
discharge occurs or, in the absence of such person, 
by another responsible high ranking official at such 
facility. Such highest ranking official shall be re-
sponsible for the accuracy of all information con-
tained in such reports; except that such highest 
ranking official may file with the Administrator 
amendments to any such report if the report was 
signed in the absence of the highest ranking official 
by another high ranking official and if such amend-
ments are filed within 7 days of the return of the 
highest ranking official.’’. 
(k) LIMITATION ON ISSUANCE OF PERMITS TO SIG-
NIFICANT NONCOMPLIERS.—Section 402 of such Act is 
further amended by adding at the end the following: 
‘‘(t) SIGNIFICANT NONCOMPLIERS.—No permit may 
be issued under this section to any person (other than a
publicly owned treatment works) identified under section 
309(j)(3) of this Act or to any other person owned or con-
trolled by the identified person, owning or controlling the 
identified person, or under common control with the iden-
tified person, until the Administrator or the State or 
States in which the violation or violations occur deter-
mines that the condition or conditions giving rise to such 
violation or violations have been corrected. No permit ap-
plication submitted after the date of the enactment of this 
subsection may be approved unless the application in-
cludes a list of all violations of this Act by a person identi-
fied under section 309(j) of this Act during the 3-year pe-
riod preceding the date of submission of the application 
and evidence indicating whether the underlying cause of 
each such violation has been corrected.’’. 
(l) APPLICABILITY.—The amendments made by this 
section and section 8 shall apply to permits issued before, 
on, or after the date of enactment of this Act; except 
that—
(1) with respect to permits issued before such 
date of enactment to a major industrial or municipal 
discharger, such amendments shall take effect on the 
last day of the 1-year period beginning on such date 
of enactment; and
issuing any water quality criterion under section 
304(a), including a decision not to address any ef-
fect of the pollutant subject to such criterion if the 
Administrator has or is made aware of information 
indicating that such effect may occur, and (J)’’. 
SEC. 15. NATIONAL CLEAN WATER TRUST FUND. 
(a) IN GENERAL.—Title V of the Federal Water Pol-
lution Control Act (33 U.S.C. 1361–1377) is amended by 
redesignating section 519 as section 520 and by inserting 
after section 518 the following new section: 
‘‘SEC. 519. NATIONAL CLEAN WATER TRUST FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘Clean Water Trust Fund’. 
‘‘(b) TRANSFERS TO TRUST FUND.—There are here-
by appropriated to the Clean Water Trust Fund amounts 
equivalent to the penalties collected under section 309 of 
this Act and the penalties collected under section 505(a) 
of this Act (excluding any amounts ordered to be used to 
carry out mitigation projects under section 309 or 505(a), 
as the case may be). 
‘‘(c) ADMINISTRATION OF TRUST FUND.—The Ad-
ministrator shall administer the Clean Water Trust Fund. 
The Administrator may use moneys in the Fund to carry 
out inspections and enforcement activities pursuant to this