I
104TH CONGRESS
2D SESSION
H. R. 3299
To amend the Federal Water Pollution Control Act to allow certain States,
including the territories of the United States, to apply for waivers from
secondary treatment requirements for certain ocean discharges, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 1996
Mr. ROMERO-BARCELO´ (for himself and Mr. UNDERWOOD) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and
Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to allow
certain States, including the territories of the United
States, to apply for waivers from secondary treatment
requirements for certain ocean discharges, 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 ‘‘Deep Water Outfall
Treatment Systems Act of 1996’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) States that are insular areas, including the
territories of the United States, have geographical,
geological, and marine characteristics and island en-
vironments.
(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
such States.
(3) Scientific evidence has demonstrated that
some deep water outfall water treatment systems
can protect marine environments as effectively as
secondary waste water treatment systems.
(4) Deep water outfalls can promote the envi-
ronmental goals of the Federal Water Pollution Con-
trol Act more cost effectively than secondary treat-
ment.
(5) The existing secondary treatment require-
ments of the Federal Water Pollution Control Act
have 
yet 
to 
be 
fulfilled 
because 
of 
the
unreasonableness of some provisions as applied to
the States referred to in paragraph (1).
(6) Such States should be provided the oppor-
tunity to apply for a secondary treatment waiver for
new or proposed deep water outfalls under the exist-
ing standards of the Federal Water Pollution Con-
trol Act.
SEC. 3. PURPOSE.
The purpose of this Act is to allow certain States,
including each territory of the United States, to apply for
a waiver under section 301(h) of the Federal Water Pollu-
tion Control Act that would allow the State to construct
deep water outfalls and to meet the effluent standards of
the Federal Water Pollution Control Act more effectively,
efficiently, and expeditiously.
SEC. 4. WAIVERS FOR DEEP WATER OUTFALLS IN ELIGIBLE
STATES.
Section 301 of the Federal Water Pollution Control
Act (33 U.S.C. 1311) is amended by adding at the end
the following:
‘‘(q) WAIVERS FOR DEEP WATER OUTFALLS IN ELI-
GIBLE STATES.—
‘‘(1) STUDIES.—Not later than 3 months after
the date of the enactment of this subsection, an eli-
gible State may initiate, expand, or continue a study
of the marine environment of coastal areas to deter-
mine the feasibility of constructing a deep water
outfall for any of the publicly owned treatment
works in the eligible State that, on such date of en-
actment, uses primary treatments and is not exempt
from the requirements of subsection (b)(1)(B). Such
study may recommend one or more technically fea-
sible locations for a deep water outfall that would
have beneficial effects on the marine environment.
‘‘(2) APPLICATION
FOR
MODIFICATION.—Not-
withstanding subsection (j)(1)(A), not later than 18
months after the date of the enactment of this sub-
section, an application may be submitted for a modi-
fication pursuant to subsection (h) of the require-
ments of subsection (b)(1)(B) by the owner of a
publicly owned treatment works in an eligible State
at a location recommended in a study conducted
pursuant to paragraph (1).
‘‘(3) INITIAL DETERMINATION.—On or before
the 90th day after the date of submittal of an appli-
cation for a modification under paragraph (2), the
Administrator shall issue to the applicant a draft
initial determination regarding the modification.
‘‘(4) FINAL
DETERMINATION.—On or before
the 270th day after the date of submittal of an ap-
plication for a modification under paragraph (2), the
Administrator shall issue a final determination re-
garding 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 outfall is operational on
or before the date that is 5 years after the date of
the enactment of this subsection. In all other as-
pects, such modification shall be effective for the pe-
riod applicable to all modifications granted under
subsection (h).
‘‘(6) PENDING
APPLICATIONS.—The require-
ments of subsection (b)(1)(B) shall not apply to the
owner or operator of a publicly owned treatment
works in an eligible State that has submitted an ap-
plication for a modification under paragraph (2)
during the period beginning on the date of submis-
sion of the application and ending on the date of a
final determination under paragraph (4).
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) ELIGIBLE STATE.—The term ‘eligible
State’ means a State that is an insular area
and includes each territory of the United
States.
‘‘(B) 
TERRITORY
OF
THE
UNITED
STATES.—The term ‘territory of the United
States’ means all territories and possessions of
the United States, including the Commonwealth
of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Northern Mariana
Islands.’’.
Æ