I
107TH CONGRESS
2D SESSION
H. R. 5079
To amend the Federal Water Pollution Control Act to improve the
enforcement and compliance programs.
IN THE HOUSE OF REPRESENTATIVES
JULY 9, 2002
Mr. PALLONE (for himself, Mr. LYNCH, Mr. BROWN of Ohio, Mrs. MINK of
Hawaii, Mr. BONIOR, Mr. WEXLER, Mr. MCGOVERN, Mr. FORD, Ms.
MCKINNEY, Mr. HINCHEY, Mrs. DAVIS of California, Mr. HALL of Ohio,
Mr. SANDERS, Ms. SOLIS, Mr. KILDEE, and Mr. ENGEL) 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 2002’’.
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)(4)(A) of the Federal Water Pollution Control Act
(33 U.S.C. 1318(a)(4)(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: