I
105TH CONGRESS
1ST SESSION
H. R. 1453
To amend the Federal Water Pollution Control Act to improve the
enforcement and compliance programs.
IN THE HOUSE OF REPRESENTATIVES
APRIL 24, 1997
Mr. PALLONE (for himself, Mr. SHAYS, Mr. DEFAZIO, Mr. GILCHREST, and
Mrs. MORELLA) 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
improve the enforcement and compliance programs.
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 ‘‘Clean Water Enforce-
ment and Compliance Improvement Act of 1997’’.
SEC. 2. FINDINGS.
(a) IN GENERAL.—Congress finds that—
(1) a significant number of persons who have
been issued permits under section 402 of the Fed-
eral Water Pollution Control Act are in violation of
such permits;
(2) current enforcement programs of the Ad-
ministrator of the Environmental Protection Agency
and the States fail to address violations of such per-
mits in a timely and effective manner;
(3) full, accurate and prompt reporting of pos-
sible violations of the Federal Water Pollution Con-
trol Act is necessary for implementation and well
served by assuring that good faith reporters of pos-
sible violations are protected against adverse person-
nel actions;
(4) often violations of such permits continue for
a considerable period of time, yielding significant
economic benefits for the violator and thus penaliz-
ing similar facilities which act lawfully;
(5) penalties assessed and collected by the Ad-
ministrator from violators of such permits are often
less than the economic benefit gained by the violator;
(6) swift and timely enforcement by the Admin-
istrator and the States of violations of such permits
is necessary to increase levels of compliance with
such permits; and
(7) actions of private citizens have been effec-
tive in enforcing such permits and directing funds to
environmental mitigation projects with over $12.8
million in penalties and interest having been recov-
ered and deposited with the Treasury of the United
States over the fiscal years 1990 through 1994.
(b) FINDING WITH RESPECT TO HARM CAUSED BY
VIOLATIONS.—Section 101 of the Federal Water Pollution
Control Act (33 U.S.C. 1251) is amended by adding at
the end the following:
‘‘(h) FINDING WITH RESPECT TO HARM CAUSED BY
VIOLATIONS.—Congress finds that a discharge which re-
sults in a violation of this Act or a regulation, standard,
limitation, requirement, or order issued pursuant to this
Act interferes with the restoration and maintenance of the
chemical, physical, and biological integrity of any waters
into which the discharge flows (either directly or through
a publicly owned treatment works), including any waters
into which the receiving waters flow, and, therefore, harms
those who use or enjoy such waters and those who use
or enjoy nearby lands or aquatic resources associated with
those waters.
‘‘(i) FINDING WITH RESPECT TO CITIZEN SUITS.—
Congress finds that citizen suits are a valuable means of
enforcement of this Act and urges the Administrator to
take actions to encourage such suits, including providing
information concerning violators to citizen groups to assist
them in bringing suits, providing expert witnesses and
other evidence with respect to such suits, and filing amicus
curiae briefs on important issues related to such suits.’’.
SEC. 3. VIOLATIONS OF REQUIREMENTS OF LOCAL CON-
TROL AUTHORITIES.
Section 307(d) of Federal Water Pollution Control
Act (33 U.S.C. 1317(d)) is amended to read as follows:
‘‘(d) VIOLATIONS.—After the date on which (1) any
effluent standard or prohibition or pretreatment standard
or requirement takes effect under this section, or (2) any
requirement imposed in a pretreatment program under
section 402(a)(3) or 402(b)(8) of this Act takes effect, it
shall be unlawful for any owner or operator of any source
to operate such source in violation of the effluent stand-
ard, prohibition, pretreatment standard, or requirement.’’.
SEC. 4. INSPECTIONS, MONITORING, AND PROVIDING IN-
FORMATION.
(a) APPLICABILITY
OF
REQUIREMENTS.—Section
308(a) of the Federal Water Pollution Control Act (33
U.S.C. 1318(a)) is amended by striking ‘‘the owner or op-
erator of any point source’’ and inserting ‘‘a person sub-
ject to a requirement of this Act’’.
(b) PUBLIC ACCESS TO INFORMATION.—The first
sentence of section 308(b) of such Act is amended—
(1) by inserting ‘‘(including information con-
tained in the Permit Compliance System of the En-
vironmental Protection Agency)’’ after ‘‘obtained
under this section’’;
(2) by inserting ‘‘made’’ after ‘‘shall be’’; and
(3) by inserting ‘‘by computer telecommuni-
cation and other means for a period of at least 10
years’’ after ‘‘public’’ the first place it appears.
(c) PUBLIC INFORMATION.—Section 308 of such Act
is further amended by adding at the end the following:
‘‘(e) PUBLIC INFORMATION.—
‘‘(1) POSTING OF NOTICE OF POLLUTED WA-
TERS.—At each major point of public access (includ-
ing, at a minimum, beaches, parks, recreation areas,
marinas, and boat launching areas) to a body of
navigable water that does not meet an applicable
water quality standard or that is subject to a fishing
and shell fishing ban, advisory, or consumption re-
striction (issued by a Federal, State, or local author-
ity) due to fish or shellfish contamination, the State
within which boundaries all or any part of such body
of water lies shall, either directly or through local
authorities, post and maintain a clearly visible sign
which—
‘‘(A) indicates the water quality standard
that is being violated or the nature and extent
of the restriction on fish or shellfish consump-
tion, as the case may be;
‘‘(B) includes (i) information on the envi-
ronmental and health effects associated with
the failure to meet such standard or with the
consumption of fish or shellfish subject to the
restriction, and (ii) a phone number for obtain-
ing additional information relating to the viola-
tion and restriction; and
‘‘(C) will be maintained until the body of
water is in compliance with the water quality
standard or until all fish and shellfish consump-
tion restrictions are terminated with respect to
the body of water, as the case may be.
‘‘(2) NOTICE OF DISCHARGES TO NAVIGABLE
WATERS.—Except for permits issued to municipali-
ties for discharges composed entirely of stormwater
under section 402 of this Act, each permit issued
under section 402 by the Administrator or by a
State shall ensure compliance with the following
requirements:
‘‘(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 noncan-
cer 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
(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) by redesignating clause (iii) as clause (ii)
and in such clause—
(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 1995, 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);
(2) by striking the period at the end of para-
graph (9) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(10) To ensure that any permit for a dis-
charge from a major industrial or municipal facility,
as defined by the Administrator by regulation, in-
cludes conditions under which such facility will be
subject to at least annual inspections by the State
in accordance with subsection (q) of this section;’’.
(d) MONTHLY REPORTS FOR SIGNIFICANT INDUS-
TRIAL USERS OF POTWS.—Section 402(b) of such Act
is further amended by adding at the end the following:
‘‘(11) To ensure that any permit for a dis-
charge from a publicly owned treatment works in the
State includes conditions under which the treatment
works will require any significant industrial user of
the treatment works, as defined by the Adminis-
trator by regulation, to prepare and submit to the
Administrator, the State, and the treatment works a
monthly discharge monitoring report as a condition
to using the treatment works;’’.
(e) PERMITS REQUIRED
FOR INTRODUCTION
OF
POLLUTANTS INTO POTWS.—Section 402(b) of such Act
is further amended by adding at the end the following:
‘‘(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-
sued under this section shall include conditions
under which the effluent being discharged will be
subject to random inspections in accordance with
this subsection by the Administrator or the State, in
the case of a State permit program under this
section.
‘‘(2) MINIMUM STANDARDS.—Not later than 6
months after the date of enactment of this sub-
section, the Administrator shall establish minimum
standards for inspections under this subsection.
Such standards shall require, at a minimum, the fol-
lowing:
‘‘(A) An annual representative sampling by
the Administrator or the State, in the case of
a State permit program under this section, of
the effluent being discharged; except that if the
discharge is not from a major industrial or mu-
nicipal facility such sampling shall be conducted
at least once every 3 years.
‘‘(B) An analysis of all samples collected
under subparagraph (A) by a Federal or State
owned and operated laboratory or a State ap-
proved laboratory, other than one that is being
used by the permittee or that is directly or indi-
rectly owned, operated, or managed by the
permittee.
‘‘(C) An evaluation of the maintenance
record of any treatment equipment of the
permittee.
‘‘(D) An evaluation of the sampling tech-
niques used by the permittee.
‘‘(E) A random check of discharge mon-
itoring reports of the permittee for each 12-
month period for the purpose of determining
whether or not such reports are consistent with
the applicable analyses conducted under sub-
paragraph (B).
‘‘(F) An inspection of the sample storage
facilities and techniques of the permittee.’’.
(h) REPORTING.—Section 402 of such Act is further
amended by adding at the end the following:
‘‘(r) REPORTING.—
‘‘(1) GENERAL RULE.—Each person holding a
permit issued under this section which is determined
by the Administrator to be a major industrial or mu-
nicipal discharger of pollutants into the navigable
waters shall prepare and submit to the Adminis-
trator a monthly discharge monitoring report. Any
other person holding a permit issued under this sec-
tion shall prepare and submit to the Administrator
quarterly discharge monitoring reports or more fre-
quent discharge monitoring reports if the Adminis-
trator requires. Such reports shall contain, at a min-
imum, such information as the Administrator shall
require by regulation.
‘‘(2) 
REPORTING
OF
HAZARDOUS
DIS-
CHARGES.—
‘‘(A) GENERAL
RULE.—If a discharge
from a point source for which a permit is issued
under this section exceeds an effluent limitation
contained in such permit which is based on an
acute water quality standard or any other dis-
charge which may cause an exceedance of an
acute water quality standard or otherwise is
likely to cause injury to persons or damage to
the environment or to pose a threat to human
health and the environment, the person holding
such permit shall notify the Administrator and
the affected States and municipalities, in writ-
ing, of such discharge not later than 2 hours
after the later of the time at which such dis-
charge commenced or the time at which the
permittee knew or had reason to know of such
discharge.
‘‘(B) SPECIAL RULE FOR HAZARDOUS POL-
LUTANTS.—If a discharge described in subpara-
graph (A) is of a hazardous pollutant (as de-
fined in section 309(j) of this Act), the person
holding such permit shall provide the Adminis-
trator with such additional information on the
discharge as may be required by the Adminis-
trator. Such additional information shall be
provided to the Administrator within 24 hours
after the later of the time at which such dis-
charge commenced or the time at which the
permittee became aware of such discharge.
Such additional information shall include, at a
minimum, an estimate of the danger posed by
the discharge to the environment, whether the
discharge is continuing, and the measures taken
or being taken (i) to remediate the problem
caused by the discharge and any damage to the
environment, and (ii) to avoid a repetition of
the discharge.
‘‘(3) SIGNATURE.—All reports filed under para-
graph (1) must be signed and dated by the highest
ranking official having day-to-day managerial and
operational responsibility for the facility at which the
discharge occurs or, in the absence of such person,
by another responsible high ranking official at such
facility. Such highest ranking official shall be re-
sponsible for the accuracy of all information con-
tained in such reports; except that such highest
ranking official may file with the Administrator
amendments to any such report if the report was
signed in the absence of the highest ranking official
by another high ranking official and if such amend-
ments are filed within 7 days of the return of the
highest ranking official.’’.
(i) LIMITATION ON ISSUANCE OF PERMITS TO SIG-
NIFICANT NONCOMPLIERS.—Section 402 of such Act is
further amended by adding at the end the following:
‘‘(s) SIGNIFICANT NONCOMPLIERS.—No permit may
be issued under this section to any person (other than a
publicly owned treatment works) identified under section
309(j)(3) of this Act or to any other person owned or con-
trolled by the identified person, owning or controlling the
identified person, or under common control with the iden-
tified person, until the Administrator or the State or
States in which the violation or violations occur deter-
mines that the condition or conditions giving rise to such
violation or violations have been corrected. No permit ap-
plication submitted after the date of the enactment of this
subsection may be approved unless the application in-
cludes a list of all violations of this Act by a person identi-
fied under section 309(j) of this Act during the 3-year pe-
riod preceding the date of submission of the application
‘‘(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 (if there is evidence that the alleged viola-
tions has been repeated) 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) OFFERS OF JUDGMENT.—Section 505 of such
Act is further amended by adding at the end the following:
‘‘(g) APPLICABILITY OF OFFERS OF JUDGMENT.—
Offers 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. EMPLOYEE PROTECTION.
Section 507 of the Federal Water Pollution Control
Act (33 U.S.C. 1367) is amended—
(1) in subsection (e) by inserting ‘‘CONTINUING
EVALUATIONS’’ after ‘‘(e)’’;
(2) by redesignating subsection (e) as sub-
section (f); and
(3) by striking subsections (a), (b), (c), and (d)
and inserting the following:
‘‘(a) IN GENERAL.—No employer or other person
may harass, prosecute, hold liable, or discriminate against
any employee or other person because the person—
‘‘(1) is assisting or demonstrating an intent to
assist in achieving compliance with any provision of
this Act (including a rule or regulation issued to
carry out this Act);
‘‘(2) is refusing to violate or assist in the viola-
tion of any provision of this Act (including a rule or
regulation issued to carry out this Act);
‘‘(3) has commenced, caused to be commenced,
or is about to commence a proceeding, has testified
or is about to testify at a proceeding, or has assisted
or participated or is about to assist or participate in
any manner in such a proceeding or in any other ac-
tion to carry out the purposes of this Act.
‘‘(b) FILING COMPLAINTS AND PROCEDURES.—
‘‘(1) FILING DEADLINE.—An employee alleging
a violation of subsection (a), or another person at
the employee’s request, may file a complaint with
the Secretary of Labor not later than 365 days after
the alleged violation occurred.
‘‘(2) PROCEDURES.—
‘‘(A) INVESTIGATION; PRELIMINARY
OR-
DERS.—Not later than 60 days after receiving
a complaint, the Secretary shall conduct an in-
vestigation, decide whether it is reasonable to
believe the complaint has merit, and notify the
complainant and the person alleged to have
committed the violation of the findings. If the
Secretary decides it is reasonable to believe a
violation occurred, the Secretary shall include
with the decision findings and a preliminary
order for the relief provided under paragraph
(3).
‘‘(B) 
OBJECTIONS
TO
PRELIMINARY
ORDER.—Not later than 30 days after the no-
tice under subparagraph (A) of this paragraph,
the complainant and the person alleged to have
committed the violation may file objections to
the findings or preliminary order, or both, and
request a hearing on the record. The filing of
objections does not stay a reinstatement or-
dered in the preliminary order. If a hearing is
not requested within the 30 days, the prelimi-
nary order is final and not subject to judicial
review.
‘‘(C) HEARING; FINAL
ORDER; SETTLE-
MENT AGREEMENT.—A hearing shall be con-
ducted expeditiously. Not later than 120 days
after the end of the hearing, the Secretary shall
issue a final order. Before the final order is is-
sued, the proceeding may be ended by a settle-
ment agreement made by the Secretary, the
complainant, and the person alleged to have
committed the violation.
‘‘(3) ORDER.—
‘‘(A) PENALTIES.—If the Secretary de-
cides, on the basis of a complaint, a person vio-
lated subsection (a), the Secretary shall order
the person to—
‘‘(i) take affirmative action to abate
the violation;
‘‘(ii) reinstate the complainant to the
former position with the same pay and
terms and privileges of employment; and
‘‘(iii) pay compensatory damages, in-
cluding back pay.
‘‘(B) COSTS.—If the Secretary issues an
order under subparagraph (A) and the com-
plainant requests, the Secretary may assess
against the person against whom the order is
issued the costs (including attorney’s fees) rea-
sonably incurred by the complainant in bringing
the complaint. The Secretary shall determine
the costs that reasonably were incurred.
‘‘(4) JUDICIAL REVIEW AND VENUE.—A person
adversely affected by an order issued after a hearing
under this subsection may file a petition for review,
not later than 60 days after the order is issued, in
the court of appeals of the United States for the cir-
cuit in which the violation occurred or the person re-
sided on the date of the violation. The review shall
be heard and decided expeditiously. An order of the
Secretary subject to review under this paragraph is
not subject to judicial review in a criminal or other
civil proceeding.
‘‘(5) CIVIL ACTIONS TO ENFORCE.—If a person
fails to comply with an order issued under this sub-
section, the Secretary shall bring a civil action to en-
force the order in the district court of the United
States for the judicial district in which the violation
occurred.
‘‘(c) BURDENS OF PROOF.—The legal burdens of
proof with respect to a violation of subsection (a) shall
be governed by the applicable provisions of sections 1214
and 1221 of title 5, United States Code.
‘‘(d) SUBPOENA AUTHORITY.—With respect to an al-
leged violation of subsection (a), the Secretary of Labor
may issue a subpoena for the attendance and testimony
of any person and the production of documentary or other
evidence from any person if the testimony or production
requested is not unduly burdensome and appears reason-
ably calculated to lead to the discovery of admissible evi-
dence.
‘‘(e) POSTING REQUIREMENT.—The provisions of
this section shall be prominently posted in any place of
employment to which this section applies.’’.
SEC. 12. 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. 13. 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. 14. 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
carry out mitigation projects under section 309 or 505(a),
as the case may be).
‘‘(c) ADMINISTRATION OF TRUST FUND.—The Ad-
ministrator shall administer the Clean Water Trust Fund.
The Administrator may use moneys in the Fund to carry
out inspections and enforcement activities pursuant to this
Act. In addition, the Administrator may make such
amounts of money in the Fund as the Administrator de-
termines appropriate available to carry out title VI of this
Act.’’.
(b) CONFORMING AMENDMENT TO STATE REVOLV-
ING FUND PROGRAM.—Section 607 of such Act (33
U.S.C. 1387) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘There is’’; and
(2) by adding at the end the following:
‘‘(b) TREATMENT
OF TRANSFERS FROM CLEAN
WATER
TRUST
FUND.—For purposes of this title,
amounts made available from the Clean Water Trust
Fund under section 519 of this Act to carry out this title
shall be treated as funds authorized to be appropriated
to carry out this title and as funds made available under
this title.’’.
SEC. 15. APPLICABILITY.
Sections 101(h), 309(g)(6)(A), 505(a)(1), 505(b),
505(g), and 505(i) of the Federal Water Pollution Control
Act, as inserted or amended by this Act, shall be applica-
ble to all cases pending under such Act on the date of
the enactment of this Act and all cases brought on or after
such date of enactment relating to violations which oc-
curred before such date of enactment.
Æ