‘‘(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 permit-
tee; 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 the enactment of this subsection,
shall propose regulations to carry out this
subsection; 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;
‘‘(iv) uniform requirements for deter-
mining the nature and extent of fish and
shellfish bans, advisories, and consumption
restrictions which—
‘‘(I) 
address 
cancer 
and
noncancer 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) STATE REPORTS.—Section 305(b)(1) of such Act
(33 U.S.C. 1315(b)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’; and
(3) 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.’’.
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 follow-
ing: ‘‘or is in violation of any requirement im-
posed 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 may, in the court’s discre-
tion, order that a civil penalty be used for carrying
out mitigation projects which are consistent with the
purposes of this Act and which enhance the public
health or environment.’’.
(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 the use
of a civil penalty for carrying out mitigation projects
in accordance with such section 309(d)’’.
(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 $25,000 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 $25,000,
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 $25,000, 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) in clause (iii)—
(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
following:
‘‘(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 the
economic benefit (if any) resulting from the violation
for which the penalty is assessed.
‘‘(2) REGULATIONS.—Not later than 2 years
after the date of the 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.
Pending 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.—Such section
309 is further amended by adding at the end the following:
‘‘(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 mini-
mum amount.’’.
(j) MINIMUM AMOUNT FOR SERIOUS VIOLATIONS.—
Such section 309 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(r)(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(q) 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.
‘‘(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 Amendments
Act of 1993, 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 in-
clude other ways and means of enforcement, which
the State demonstrates to the satisfaction of the Ad-
ministrator are equally effective as the Federal pen-
alty 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);
‘‘(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 responsibil-
ity to conduct inspections under subsection (q) of
this section and to assess and collect civil penalties
and civil administrative penalties under paragraph
(7) of this subsection.’’.
(g) INSPECTION.—Section 402 of such Act is amend-
ed by adding at the end the following:
‘‘(q) INSPECTION.—
‘‘(1) GENERAL RULE.—Each permit for a dis-
charge into the navigable waters or introduction of
pollutants into a publicly owned treatment works is-
‘‘(C) the State has not acted on the appli-
cation before the last day of the 18-month pe-
riod beginning on the date the permit expired,
the Administrator may issue a permit for the dis-
charge under subsection (a).’’.
SEC. 8. COMPLIANCE SCHEDULE.
Section 302(b)(2)(B) of the Federal Water Pollution
Control Act (33 U.S.C. 1312(b)(2)(B)) is amended by
adding at the end the following: ‘‘The Administrator may
only issue a permit pursuant to this subparagraph for a
period exceeding 2 years if the Administrator makes the
findings described in clauses (i) and (ii) of this subpara-
graph on the basis of a public hearing.’’.
SEC. 9. EMERGENCY POWERS.
Section 504 of the Federal Water Pollution Control
Act (33 U.S.C. 1364) is amended to read as follows:
‘‘SEC. 504. COMMUNITY PROTECTION.
‘‘(a) ISSUANCE OF ORDERS; COURT ACTION.—Not-
withstanding any other provision of this Act, whenever the
Administrator finds that, because of an actual or threat-
ened direct or indirect discharge of a pollutant, there may
be an imminent and substantial endangerment to the pub-
lic health or welfare (including the livelihood of persons)
or the environment, the Administrator may issue such or-
ders or take such action as may be necessary to protect
public health or welfare or the environment and commence
a suit (or cause it to be commenced) in the United States
district court for the district where the discharge or threat
occurs. Such court may grant such relief to abate the
threat and to protect against the endangerment as the
public interest and the equities require, enforce, and ad-
judge penalties for disobedience to orders of the Adminis-
trator issued under this section, and grant other relief ac-
cording to the public interest and the equities of the case.
‘‘(b) ENFORCEMENT OF ORDERS.—Any person who,
without sufficient cause, violates or fails to comply with
an order of the Administrator issued under this section,
shall be liable for civil penalties to the United States in
an amount not to exceed $25,000 per day for each day
on which such violation or failure occurs or continues.’’.
SEC. 10. CITIZEN SUITS.
(a) SUITS FOR PAST VIOLATIONS.—Section 505 of
the Federal Water Pollution Control Act (33 U.S.C. 1365)
is amended—
(1) in subsection (a)(1) by inserting ‘‘to have
violated or’’ after ‘‘who is alleged’’;
(2) in subsection (b)(1)(A)(ii) by striking ‘‘oc-
curs’’ and inserting ‘‘has occurred or is occurring’’;
and
(3) in subsection (f)(6) by inserting ‘‘has been
or’’ after ‘‘which’’.
(b) TIME LIMIT.—Section 505(b)(1)(A) of such Act
is amended by striking ‘‘60 days’’ and inserting ‘‘30
days’’.
(c) EFFECT OF JUDGMENTS ON CITIZEN SUITS.—
Section 505(b) of such Act is further amended—
(1) in paragraph (1)(B)—
(A) by striking ‘‘, or a State’’; and
(B) by striking ‘‘right.’’ and inserting
‘‘right and may obtain costs of litigation under
subsection (d), or’’; and
(2) by adding at the end the following: ‘‘The
notice under paragraph (1)(A) need set forth only
violations which have been specifically identified in
the discharge monitoring reports of the alleged viola-
tor. An action by a State under subsection (a)(1)
may be brought at any time. No judicial action by
the Administrator or a State shall bar an action for
the same violation under subsection (a)(1) unless the
action is by the Administrator and meets the re-
quirements of this paragraph. No administrative ac-
tion by the Administrator or a State shall bar a
pending action commenced after February 4, 1987,
for the same violation under subsection (a)(1) unless
the action by the Administrator or a State meets the
requirements of section 309(g)(6) of this Act.’’.
(d) CONSENT JUDGMENTS.—Section 505(c)(3) of
such Act is amended by adding at the end the following:
‘‘Consent judgments entered under this section may pro-
vide that the civil penalties included in the consent judg-
ment be used for carrying out mitigation projects in ac-
cordance with section 309(d).’’.
(e) 
PRETREATMENT
REQUIREMENTS.—Section
505(f)(4) of such Act is amended by striking ‘‘or
pretreatment standards’’ and inserting ‘‘or pretreatment
standard or requirement described in section 307(d)’’.
(f) EFFLUENT
STANDARD
DEFINITION.—Section
505(f)(6) of such Act is amended by inserting ‘‘narrative
or mathematical’’ before ‘‘condition’’.
(g) DEFINITION
OF CITIZEN.—Section 505(g) of
such Act is amended to read as follows:
‘‘(g) CITIZEN DEFINED.—For purposes of this sec-
tion, the term ‘citizen’ means a person or persons having
an interest (including a recreational, aesthetic, environ-
mental, health, or economic interest) which is, has been,
or may be adversely affected and includes a person who
uses or enjoys the waters into which the discharge flows
(either directly or through a publicly owned treatment
works), who uses or enjoys aquatic resources or nearby
lands associated with the waters, or who would use or
enjoy the waters, aquatic resources, or nearby lands if they
were less polluted.’’.
(h) OFFERS OF JUDGMENT.—Section 505 of such
Act is further amended by adding at the end the following:
‘‘(i) APPLICABILITY OF OFFERS OF JUDGMENT.—Of-
fers of judgment pursuant to Rule 68 of the Federal Rules
of Civil Procedure shall not be applicable to actions
brought under subsection (a)(1) of this section.’’.
SEC. 11. ISSUANCE OF SUBPOENAS.
Section 509(a)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1369(a)(1)) is amended by strik-
ing ‘‘obtaining information under section 305 of this Act,
or carrying out section 507(e) of this Act,’’ and inserting
‘‘carrying out this Act,’’.
SEC. 12. JUDICIAL REVIEW OF EPA ACTIONS.
Section 509(b)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1369(b)(1)) is amended—
(1) by inserting after the comma at the end of
clause (D) ‘‘including a decision to deny a petition
by interested person to veto an individual permit is-
sued by a State,’’;
(2) by inserting after the comma at the end of
clause (E) ‘‘including a decision not to include any
pollutant in such effluent limitation or other limita-
tion if the Administrator has or is made aware of in-
formation indicating that such pollutant is present
in any discharge subject to such limitation,’’; and
(3) by striking ‘‘and (G)’’ and inserting the fol-
lowing: ‘‘(G) in issuing or approving any water qual-
ity standard under section 303(c) or 303(d), (H) in
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. 13. 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