I
106TH CONGRESS
2D SESSION
H. R. 5606
To amend the Federal Water Pollution Control Act to improve the
enforcement and compliance programs.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 30, 2000
Mr. PALLONE 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 2000’’.
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 per-
sonnel actions;
(4) often violations of such permits continue for
a considerable period of time, yielding significant
economic benefits for the violator and thus penal-
izing 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 1999.
(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)(1)(A) of the Federal Water Pollution Control Act
(33 U.S.C. 1318(a)(1)(A)) is amended by striking ‘‘the
owner or operator of any point source’’ and inserting ‘‘a
person subject to any 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 Envi-
ronmental 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
or 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 re-
quirements:
‘‘(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 per-
mittee; 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; and
‘‘(iv) uniform requirements for deter-
mining the nature and extent of fish and
shellfish bans, advisories, and consumption
restrictions which—
‘‘(I) address cancer and non-
cancer 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 and the reason
or reasons for such posting.’’.
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 fol-
lowing: ‘‘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,’’.
(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, in its discretion, may
order that all or a portion of a civil penalty be used
for carrying out beneficial projects to enhance public
health or the environment by restoring or otherwise
improving, in a manner consistent with this Act, the
water quality, wildlife, or habitat of specific waters
or watershed of the State in which the violation oc-
curred.’’.
(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, in ac-
cordance with section 309(d), the use of all or a por-
tion of a civil penalty for carrying out beneficial
projects to enhance public health or the environment
by restoring or otherwise improving, in a manner
consistent with this Act, the water quality, wildlife,
or habitat of specific waters or watershed of the
State in which the violation occurred’’.
(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 any
economic benefit resulting from the violation for
which the penalty is assessed.
‘‘(2) REGULATIONS.—Not later than 18 months
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.—Section 309 of
such Act is further amended by adding at the end the fol-
lowing:
‘‘(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 min-
imum amount.’’.
(j) MINIMUM AMOUNT FOR SERIOUS VIOLATIONS.—
Section 309 of such Act 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
person—
‘‘(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. The Administrator
shall make the list available to the public upon re-
quest.
‘‘(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 Act of 2000, 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 include other ways
and means of enforcement, which the State dem-
onstrates to the satisfaction of the Administrator are
equally effective as the Federal penalty 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 responsi-
bility 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
issued under this section shall include conditions
under which the effluent being discharged will be
subject to random unannounced inspections in ac-
cordance 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 moni-
toring 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
and evidence indicating whether the underlying cause of
each such violation has been corrected.’’.
(j) APPLICABILITY.—The amendments made by this
section and section 8 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 18-month period
beginning 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.—
‘‘(A) AUTHORITY OF ADMINISTRATOR.—In
any case in which—
‘‘(i) a permit issued by a State for a
discharge has expired,
‘‘(ii) the permittee has submitted an
application to the State for a new permit
for the discharge, and
‘‘(iii) the State has not acted on the
application before the last day of the 12-
month period beginning on the date the
permit expired,
the Administrator may issue a permit for the
discharge under subsection (a).
‘‘(B) TREATMENT IF NO NEW PERMIT.—If
a permit issued by a State for a discharge of
one or more pollutants expires and the State or
the Administrator has not issued a new permit
for the discharge by the last day of the 12-
month period beginning on the date the permit
expired, the permittee shall be in violation of
this Act if the permittee continues to discharge
such pollutants.
‘‘(C) APPLICABILITY
OF
NEW
REGULA-
TIONS.—If a State or the Administrator allows
a discharge to continue after the date of expira-
tion of a permit issued by the State or Adminis-
trator and before issuance of a new permit for
the discharge, regulations issued after such ex-
piration date shall apply to the discharge under
the expired permit.’’.
SEC. 8. POLLUTION PREVENTION PLANS.
Section 402 of the Federal Water Pollution Control
Act (42 U.S.C. 1342) is further amended by adding at
the end the following:
‘‘(k) POLLUTION PREVENTION PLANS.—
‘‘(1) IN GENERAL.—Each applicant for a per-
mit for a discharge of one or more pollutants shall
submit to the Administrator, with the application for
the permit, a pollution prevention plan that details
the applicant’s plans for reducing the discharge of
such pollutants at a measurable rate.
‘‘(2) FORM AND CONTENT.—The plan shall be
in such form and contain such information as the
Administrator may require by regulation.
‘‘(3) DEADLINE
FOR
ISSUANCE
OF
REGULA-
TIONS.—The Administrator shall issue regulations to
carry out this subsection not later than the last day
of the 18-month period beginning on the date of en-
actment of this subsection.’’.
SEC. 9. 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. 10. 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 (including wildlife), the Administrator
may issue such orders or take such action as may be nec-
essary to protect public health or welfare or the environ-
ment 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 re-
quire, enforce, and adjudge penalties for disobedience to
orders of the Administrator issued under this section, and
grant other relief according 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. 11. 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’’;
and
(2) 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 ‘‘sixty 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) by striking ‘‘right.’’
and inserting ‘‘right and may obtain costs of litiga-
tion 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 under subsection (a)(1) may be
brought at any time. No judicial action by the Ad-
ministrator or a State shall bar an action for the
same violation under subsection (a)(1) unless the ac-
tion is by the Administrator and meets the require-
ments of this paragraph. No administrative action
by the Administrator shall bar a pending action
commenced after February 4, 1987, for the same
violation under subsection (a)(1) unless the action
by the Administrator meets the requirements of sec-
tion 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) LITIGATION COSTS.—Section 505(d) of such Act
is amended by striking ‘‘(d)’’ and the first sentence and
inserting the following:
‘‘(d) ‘‘COSTS OF LITIGATION; BOND.—The court, in
issuing any final order in any action brought pursuant to
this section, may award costs of litigation (including rea-
sonable attorney and expert witness fees) and up to 5 per-
cent of any civil penalties obtained by settlement or court
order to any prevailing or substantially prevailing party
that initiated the litigation.’’.
(f) 
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)’’.
(g) EFFLUENT STANDARD DEFINITION.—Section
505(f)(6) of such Act is amended by inserting ‘‘narrative
or mathematical’’ before ‘‘condition’’.
(h) CITIZEN DEFINED.—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.’’.
(i) 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. 12. 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
issued, 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. 13. 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. 14. 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
issued 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. 15. 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. 16. FEDERAL FACILITIES CLEAN WATER COMPLIANCE.
(a) APPLICATION OF CERTAIN PROVISIONS TO FED-
ERAL FACILITIES.—Section 313(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1323(a)) is amended to
read as follows:
‘‘(a) COMPLIANCE.—
‘‘(1) DEFINITION
OF
REASONABLE
SERVICE
CHARGE.—In this subsection, the term ‘reasonable
service charge’ includes—
‘‘(A) a fee or charge assessed in connection
with the processing, issuance, renewal, or
amendment of a permit, review of a plan, study,
or other document, or inspection or monitoring
of a facility; and
‘‘(B) any other nondiscriminatory charge
that is assessed in connection with a Federal,
State, interstate, or local water pollution regu-
latory program.
‘‘(2) REQUIREMENT.—Each department, agen-
cy, and instrumentality of the executive, legislative,
or judicial branch of the Federal Government that
has jurisdiction over any property or facility, or is
engaged in any activity that results, or that may re-
sult, in the discharge or runoff of a pollutant shall
be subject to, and shall comply with, all Federal,
State, interstate, and local substantive and proce-
dural requirements (including any requirement for a
permit or reporting, any provision for injunctive re-
lief and such sanctions as are imposed by a Federal
or State court to enforce the relief, and any require-
ment for the payment of a reasonable service
charge) concerning the control and abatement of
water pollution in the same manner, and to the same
extent, as any other person is subject to the require-
ments.
‘‘(3) WAIVER OF SOVEREIGN IMMUNITY.—The
United States expressly waives any immunity other-
wise applicable to the United States with respect to
any substantive or procedural requirement, adminis-
trative authority, and process and sanction described
in paragraph (2), including immunity from process
in an administrative or court action seeking—
‘‘(A) injunctive relief;
‘‘(B) imposition of a sanction referred to
in this subsection;
‘‘(C) enforcement of an administrative
order;
‘‘(D) imposition of an administrative or
civil penalty or fine; or
‘‘(E) payment of a reasonable service
charge.
‘‘(4) ADMINISTRATIVE
ORDERS
AND
PEN-
ALTIES.—The substantive and procedural require-
ments described in paragraph (2) include all admin-
istrative orders and all civil and administrative pen-
alties or fines, regardless of whether the penalties or
fines are punitive or coercive in nature or are im-
posed for isolated, intermittent, or continuing viola-
tions.
‘‘(5) INJUNCTIVE RELIEF.—The United States
(including any agent, employee, or officer of the
United States) shall not be immune or exempt from
any process or sanction of any State or Federal
court with respect to the enforcement of any injunc-
tive relief referred to in paragraphs (2) and (3).
‘‘(6) CIVIL PENALTIES.—No agent, employee,
or officer of the United States shall be personally
liable for any civil penalty under any Federal, State,
interstate, or local water pollution regulatory pro-
gram with respect to any act or omission within the
scope of the official duties of the agent, employee, or
officer.
‘‘(7) CRIMINAL PENALTIES.—
‘‘(A) AGENTS, EMPLOYEES, AND
OFFI-
CERS.—An agent, employee, or officer of the
United States shall be subject to any criminal
sanction (including a fine or imprisonment)
under any Federal, State, interstate, or local
water pollution regulatory program.
‘‘(B) DEPARTMENTS, AGENCIES, AND IN-
STRUMENTALITIES.—No department, agency,
or instrumentality of the executive, legislative,
or judicial branch of the Federal Government
shall be subject to a sanction referred to in sub-
paragraph (A).’’.
(b) FEDERAL FACILITY ENFORCEMENT.—Section
309 of the Federal Water Pollution Control Act (33
U.S.C. 1319) is further amended by adding at the end
the following:
‘‘(k) FEDERAL FACILITY ENFORCEMENT.—
‘‘(1) COMPLIANCE ORDERS.—
‘‘(A) IN GENERAL.—Whenever on the basis
of any information available to him or her—
‘‘(i) the Administrator determines
that any department, agency, or instru-
mentality of the United States has violated
or is in violation of section 301, 302, 306,
307, 308, 311, 318, or 405 of this Act, or
has violated or is in violation of any permit
condition or limitation implementing any
such section in a permit issued under sec-
tion 402 of this Act by the Administrator
or by a State, or in a permit issued under
section 404 of this Act by a State, or any
requirement imposed in a pretreatment
program approved under section 402(a)(3)
or 402(b)(8) of this Act, or any require-
ment imposed under section 402(b)(9) of
this Act;
‘‘(ii) the Secretary of the Army deter-
mines that any department, agency, or in-
strumentality of the United States has vio-
lated or is in violation of section 301 with
regard to discharges of dredged or fill ma-
terial or any condition or limitation in a
permit issued under section 404 of this
Act; and
‘‘(iii) the Secretary of the department
in which the Coast Guard is operating de-
termines that any department, agency, or
instrumentality of the United States has
violated any provision of section 311 of
this Act or any of its implementing regula-
tions;
the Administrator or Secretary, as applicable,
may issue an order to assess an administrative
penalty for any past or current violation or re-
quire compliance or correction of any past or
current violation immediately or within a speci-
fied time period, or both.
‘‘(B) 
REQUIRED
TERMS.—Any 
order
issued under this subsection—
‘‘(i) by the Administrator may include
a suspension or revocation of any permit
issued by the Administrator or a State
under sections 402 and 404 of this Act;
and
‘‘(ii) by the Secretary of the Army
may include a suspension or revocation of
any permit issued by the Secretary of the
Army under section 404 of this Act; and
shall state with reasonable specificity the nature of
the violation. Any penalty assessed in the order shall
not exceed $25,000 per day for each violation.
‘‘(2) VIOLATION OF COMPLIANCE ORDERS.—If
a violator fails to take corrective action within the
time specified in an order issued under paragraph
(1)—
‘‘(A) the Administrator or Secretary, as
applicable, may assess a civil penalty of not
more than $25,000 for each day of continued
noncompliance with the order; and
‘‘(B)(i) the Administrator may suspend or
revoke any permit issued pursuant to section
402 or 404 of this Act which is the subject of
the order, whether issued by the Administrator
or the State; and
‘‘(ii) the Secretary of the Army may sus-
pend or revoke any permit issued pursuant to
section 404 of this Act.
‘‘(3) EMERGENCY ORDERS AT FEDERAL FACILI-
TIES.—The Administrator may issue an emergency
administrative order to, and assess an administrative
penalty for violations of the order against, a Federal
agency under the same circumstances as an emer-
gency order may be issued to, and such penalty for
violation of such order may be assessed, against any
other person under this title.
‘‘(4) PUBLIC HEARING.—
‘‘(A) IN
GENERAL.—Any order issued
under this subsection shall become final unless,
not later than 30 days after the order is served,
a department, agency, or instrumentality of the
United States named therein requests a public
hearing.
‘‘(B) CONDUCT.—Upon a request under
this paragraph, the Administrator or Secretary,
as applicable, shall promptly conduct a public
hearing. Such public hearing shall be conducted
in accordance with section 554 of title 5,
United States Code.
‘‘(C) SUBPOENAS.—In connection with any
proceeding under this subsection, the Adminis-
trator or Secretary may issue subpoenas for the
attendance and testimony of witnesses and the
production of relevant papers, books, and docu-
ments and may promulgate rules for discovery
procedures.
‘‘(5) CONSULTATION
WITH
THE
ADMINIS-
TRATOR.—No administrative order, including any
emergency order or field citation, issued to a Federal
department, agency or instrumentality under this
subsection shall become final until such department,
agency, or instrumentality has had the opportunity
to confer with the Administrator.
‘‘(6) EXISTING COMPLIANCE ORDERS.—Nothing
in this subsection shall be construed to alter, modify,
or change in any manner any Federal facility com-
pliance agreement, permit, administrative order or
judicial order that is in effect on the effective date
of this subsection.
‘‘(7) ACTIONS
AND
RIGHTS
OF
INTERESTED
PERSONS.—No administrative action which has been
commenced by the Administrator or the Secretary
under this subsection with respect to a violation
shall preclude a civil enforcement action under sec-
tion 505 of this Act for the same violation or viola-
tions.
‘‘(8) SPECIAL RULES.—
‘‘(A) PUBLIC NOTICE.—Before issuing an
order under this subsection, the Administrator
or Secretary, as the case may be, shall provide
public notice of and reasonable opportunity to
comment on the proposed issuance of such
order.
‘‘(B) PRESENTATION OF EVIDENCE.—Any
person who comments on a proposed order
under this subsection shall be given notice of
any hearing held with respect to the proposed
order and the order. In any hearing held under
this subsection, such person shall have a rea-
sonable opportunity to be heard and to present
evidence.
‘‘(9) CITIZEN’S
CIVIL
ACTION.—Any person
may commence a civil action on his or her own be-
half against—
‘‘(A) any Federal agency that is alleged to
have violated or to be in violation of any order
issued by the Administrator or the Secretary
under this title; or
‘‘(B) any Federal agency that fails, within
1 year of the effective date of a final order, to
pay a penalty assessed by the Administrator or
the Secretary under this subsection.’’.
(c) DEFINITION OF PERSON.—
(1) GENERAL DEFINITIONS.—Section 502(5) of
the Federal Water Pollution Control Act (33 U.S.C.
1362(5)) is further amended by inserting before the
period at the end the following: ‘‘and includes any
department, agency, or instrumentality of the United
States’’.
(2) OIL AND HAZARDOUS SUBSTANCE LIABILITY
PROGRAM.—Section 311(a)(7) of such Act (33
U.S.C. 1321(a)(7)) is amended by inserting before
the semicolon at the end the following: ‘‘and any de-
partment, agency, or instrumentality of the United
States’’.
SEC. 17. 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