I
105TH CONGRESS
1ST SESSION
H. R. 2207
To amend the Federal Water Pollution Control Act concerning a proposal
to construct a deep ocean outfall off the coast of Mayaguez, Puerto Rico.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 1997
Mr. ROMERO-BARCELO´ (for himself and Mr. YOUNG of Alaska) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act concern-
ing a proposal to construct a deep ocean outfall off
the coast of Mayaguez, Puerto Rico.
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 ‘‘Mayaguez, Puerto
Rico, Deep Ocean Outfall Act of 1997’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The existing discharge from the Mayaguez
publicly owned treatment works is to the stressed
waters of Mayaguez Bay, an area containing se-
verely degraded coral reefs, and relocation of that
discharge to unstressed ocean waters could benefit
the marine environment.
(2) The Federal Water Pollution Control Act
should, consistent with the environmental goals of
the Act, be administered with sufficient flexibility to
take into consideration the unique characteristics of
Mayaguez, Puerto Rico.
(3) Scientific evidence suggests that some deep
ocean areas off the coastline of Mayaguez, Puerto
Rico, might be able to receive a less-than-secondary
sewage discharge while still maintaining healthy and
diverse marine life.
(4) A properly designed and operated deep
ocean outfall off the coast of Mayaguez, Puerto
Rico, coupled with other pollution reduction activi-
ties in the Mayaguez Watershed could help promote
the environmental goals of the Federal Water Pollu-
tion Control Act without the need for more costly
secondary treatment.
(5) The owner or operator of the Mayaguez
publicly owned treatment works should be afforded
an opportunity to make the necessary scientific stud-
ies and submit an application proposing use of a
deep ocean outfall for review by the Administrator of
the Environmental Protection Agency under section
301(h) of the Federal Water Pollution Control Act.
SEC. 3. PURPOSE.
The purpose of this Act is to allow the Mayaguez,
Puerto Rico, publicly owned treatment works (NPDES
permit number PR0023795) to apply for a waiver of the
secondary treatment requirements of section 301(b)(1)(B)
of the Federal Water Pollution Control Act based upon
construction of a deep ocean outfall and compliance with
the requirements of section 301(h) of the Federal Water
Pollution Control Act and corresponding support for ac-
tivities to help protect and restore the Mayaguez Water-
shed.
SEC. 4. APPLICATION FOR SECONDARY TREATMENT WAIV-
ERS FOR MAYAGUEZ, PUERTO RICO, DEEP
OCEAN OUTFALL.
Section 301 of the Federal Water Pollution Control
Act (33 U.S.C. 1311) is amended by adding at the end
the following:
‘‘(q) APPLICATION FOR WAIVERS.—
‘‘(1) STUDIES.—Not later than 3 months after
the date of the enactment of this subsection, the
owner or operator of the Mayaguez, Puerto Rico,
publicly owned treatment works may initiate, ex-
pand, or continue a study of the marine environment
of coastal areas in the Mayaguez area to determine
the feasibility of constructing a deep ocean outfall
for the Mayaguez treatment works. Such study may
recommend one or more technically feasible and en-
vironmentally acceptable locations for a deep ocean
outfall intended to meet the requirements of sub-
section (h). Any such recommendations shall ensure
use of a well-designed and operated diffuser that dis-
charges into unstressed ocean waters and is situated
so as to avoid discharge (or transport of discharged
pollutants) to coral reefs, other sensitive marine re-
sources or recreational areas, and shorelines.
‘‘(2) SECTION 301(h) APPLICATION FOR MAYA-
GUEZ, PUERTO
RICO.—Notwithstanding subsection
(j)(1)(A), not later than 18 months after the date of
the enactment of this subsection, an application may
be submitted for a modification pursuant to sub-
section (h) of the requirements of subsection
(b)(1)(B) by the owner or operator of the Mayaguez,
Puerto Rico, publicly owned treatment works at a lo-
cation recommended in a study conducted pursuant
to paragraph (1). Such application shall not be sub-
ject to the application revision procedures of subpart
G of part 125 of title 40, Code of Federal Regula-
tions. No such application may be filed unless and
until the applicant has entered into a binding con-
sent decree with the United States that includes, at
a minimum, the following:
‘‘(A) A schedule and milestones to ensure
expeditious compliance with the requirements of
subsection (b)(1)(B) in the event the requested
modification is denied, including interim efflu-
ent limits and design activities to be undertaken
while the application is pending.
‘‘(B) A schedule and interim milestones to
ensure expeditious compliance with the require-
ments of any modification of subsection
(b)(1)(B) in the event the requested modifica-
tion is approved.
‘‘(C) A commitment by the applicant to
contribute not less than $400,000 to the Maya-
guez Watershed Initiative in accordance with
such schedules as may be specified in the con-
sent decree.
‘‘(3) INITIAL DETERMINATION.—On or before
the 270th day after the date of submittal of an ap-
plication under paragraph (2) that has been deemed
complete by the Administrator, the Administrator
shall issue to the applicant a tentative determination
regarding the requested modification.
‘‘(4) FINAL
DETERMINATION.—On or before
the 270th day after the date of issuance of the ten-
tative determination under paragraph (3), the Ad-
ministrator shall issue a final determination regard-
ing the modification.
‘‘(5) EFFECTIVENESS.—If a modification is
granted pursuant to an application submitted under
this subsection, such modification shall be effective
only if the new deepwater ocean outfall is oper-
ational on or before the date that is 41⁄2 years after
the date of the Administrator’s initial tentative de-
termination on the application.
‘‘(6) PAYMENT
AND
USE
OF
APPLICATION
FEE.—At the time an application is submitted under
paragraph (2), the applicant shall submit a certified
or cashiers check in the amount of $100,000 payable
to ‘Administrator, United States Environmental
Protection Agency’. Such funds shall be deposited
into a special account of the United States Treasury
and shall be available, without further appropriation,
for use by the Administrator to defray the costs (in-
cluding salaries and benefits, supplies and equip-
ment, contractor technical support, and travel) asso-
ciated with the review of the application, preparation
of determinations on the application, and prepara-
tion of related legal or technical documents.
Amounts deposited into the special account shall re-
main available until expended for use in accordance
with this section. Upon completion of the application
review process, any amounts remaining in the ac-
count may be used by the Administrator to enter
into a cooperative agreement or contract, or to pro-
vide financial assistance in the form of a grant, to
support projects for the environmental enhancement
of the Mayaguez Watershed.’’.
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