II
105TH CONGRESS
2D SESSION
H. R. 2207
IN THE SENATE OF THE UNITED STATES
JANUARY 27, 1998
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
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,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coastal Pollution Re-
duction Act of 1997’’.
SEC. 2. MAYAGUEZ, PUERTO RICO.
(a) FINDINGS.—Congress makes the following find-
ings:
(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) 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 facilitate com-
pliance with the requirements and purposes of the
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Federal Water Pollution Control Act without the
need for more costly 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.
(b) APPLICATION
FOR
SECONDARY
TREATMENT
WAIVER 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 WAIVER.—
‘‘(1) STUDY.—In order to be eligible to apply
for a waiver under this section, the owner or opera-
tor of the Mayaguez, Puerto Rico, publicly owned
treatment works shall transmit to the Administrator
a report on the results of a study of the marine envi-
ronment of coastal areas in the Mayaguez area to
determine the feasibility of constructing a deep
ocean outfall for the Mayaguez treatment works. In
conducting the study, the owner or operator shall
consider variations in the currents, tidal movement,
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and other hydrological and geological characteristics
at any proposed outfall location. 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). Such study may be initiated, expanded,
or continued not later than 3 months after the date
of the enactment of this subsection.
‘‘(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 section
125.59(d) of title 40, Code of Federal Regulations.
No such application may be filed unless and until
the applicant has entered into a binding consent de-
cree with the United States that includes, at a mini-
mum, the following:
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‘‘(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-
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ministrator shall issue a final determination regard-
ing the modification.
‘‘(5) ADDITIONAL
CONDITION.—The Adminis-
trator may not grant a modification pursuant to an
application submitted under this subsection unless
the Administrator determines that the new deep
water ocean outfall will use a well-designed and op-
erated diffuser that discharges into unstressed ocean
waters and is situated so as to avoid discharge (or
transport of discharged pollutants) to coral reefs,
other sensitive marine resources or recreational
areas, and shorelines.
‘‘(6) 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.’’.
SEC. 3. NATIONAL ESTUARY PROGRAM.
(a) GRANTS FOR COMPREHENSIVE CONSERVATION
AND MANAGEMENT PLANS.—Section 320(g)(2) of the
Federal Water Pollution Control Act (33 U.S.C.
1330(g)(2)) is amended by inserting ‘‘and implementa-
tion’’ after ‘‘development’’.
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(b) AUTHORIZATION OF APPROPRIATIONS.—Section
320(i) of such Act (33 U.S.C. 1330(i)) is amended by
striking ‘‘1987’’ and all that follows through ‘‘1991’’ and
inserting the following: ‘‘1987 through 1991, such sums
as may be necessary for fiscal years 1992 through 1997,
and $20,000,000 for fiscal year 1998’’.
Passed the House of Representatives November 13,
1997.
Attest:
ROBIN H. CARLE,
Clerk.