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104TH CONGRESS
1ST SESSION
H. R. 634
To amend the Federal Water Pollution Control Act to provide for the use
of biological monitoring and whole effluent toxicity tests in connection
with publicly owned treatment works, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 23, 1995
Mr. HEFLEY (for himself and Mr. PASTOR) 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 pro-
vide for the use of biological monitoring and whole efflu-
ent toxicity tests in connection with publicly owned treat-
ment works, and for other purposes.
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 ‘‘Publicly Owned Treat-
ment Works Biological Monitoring Use Act’’.
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SEC. 2. BIOLOGICAL MONITORING AT PUBLICLY OWNED
TREATMENT WORKS.
(a) Section 303(c)(2)(B) of the Federal Water Pollu-
tion Control Act is amended by striking at the end thereof,
the ‘‘.’’ and inserting a ‘‘;’’, and adding the following:
‘‘Provided, That for publicly owned treatment works, noth-
ing in this Act shall be construed to authorize the use of
effluent limitations which result in the finding of a viola-
tion upon failure of whole effluent toxicity tests or biologi-
cal monitoring tests.
‘‘(C) Where the permitting authority determines
that the discharge of a publicly owned treatment
works causes, has the reasonable potential to cause,
or contributes to an in-stream excursion above a
narrative or numeric criterion for whole effluent tox-
icity, the permit shall contain terms, conditions, or
limitations requiring biological monitoring or whole
effluent toxicity testing and establishing a process or
protocols for the identification and reduction of the
cause of the whole effluent toxicity including proce-
dures for ending the identification and reduction of
such toxicity if the source or cause of the toxicity
cannot be located.’’.
(b) INFORMATION ON WATER QUALITY CRITERIA.—
Section 304(a)(8) of the Federal Water Pollution Control
Act (33 U.S.C. 1314(a)(8)) is amended by inserting
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‘‘, consistent with section 303(c)(2) (B) and (C) of this
Act,’’ after ‘‘publish’’.
(c) USE OF BIOLOGICAL MONITORING OR WHOLE
EFFLUENT TOXICITY TESTING
AT PUBLICLY OWNED
TREATMENT WORKS.—Section 402 of the Federal Water
Pollution Control Act is amended by adding the following
new section at the end thereof:
‘‘(q) USE OF BIOLOGICAL MONITORING OR WHOLE
EFFLUENT TOXICITY TESTING
AT PUBLICLY OWNED
TREATMENT WORKS.—Where the Administrator deter-
mines that it is necessary in accordance with section
303(c)(2) (B) and (C) of this Act to include biological
monitoring, whole effluent toxicity testing, or assessment
methods as a term, condition, or limitation in a permit
issued to a publicly owned treatment works pursuant to
this section, such permit term, condition, or limitation
shall be in accordance with section 303(c)(2) (B) and (C)
of this Act, and the failure of a biological monitoring test
or a whole effluent toxicity test at a publicly owned treat-
ment works shall not result in a finding of violation under
this Act.’’.
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