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.—The Adminis-
trator shall establish minimum standards for inspec-
tions under this subsection. Such standards shall re-
quire, at a minimum, the following:
‘‘(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, in
writing, of such discharge not later than 2
hours after the later of the time at which such
discharge 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 by the highest ranking of-
ficial 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 responsible for
the accuracy of all information contained in such re-
ports; 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 offi-
cial and if such amendments 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
and evidence indicating whether the underlying cause of
each such violation has been corrected.’’.
(j) APPLICABILITY.—The amendments made by this
section shall apply to permits issued before, on, or after
the date of the enactment of this Act; except that—
(1) with respect to permits issued before such
date of enactment to a major industrial or municipal
discharger, such amendments shall take effect on the
last day of the 1-year period beginning on such date
of enactment; and
(2) with respect to all other permits issued be-
fore such date of enactment, such amendments shall
take effect on the last day of the 2-year period be-
ginning on such date of enactment.
SEC. 7. EXPIRED STATE PERMITS.
Section 402(d) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342(d)) is amended by adding at the
end the following:
‘‘(5) EXPIRED STATE PERMITS.—In any case in
which—
‘‘(A) a permit issued by a State for a dis-
charge has expired,
‘‘(B) the permittee has submitted an appli-
cation to the State for a new permit for the dis-
charge, and
‘‘(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
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. 14. 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 amendment.
Æ
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