I
107TH CONGRESS
1ST SESSION
H. R. 109
To amend the Federal Water Pollution Control Act to provide for the use
of biological monitoring and whole effluent toxicity tests in connection
with publicly owned treatment works, municipal separate storm sewer
systems, and municipal combined sewer overflows, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mr. HEFLEY 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 pro-
vide for the use of biological monitoring and whole efflu-
ent toxicity tests in connection with publicly owned treat-
ment works, municipal separate storm sewer systems,
and municipal combined sewer overflows, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Municipal Biological
Monitoring Use Act’’.
SEC. 2. BIOLOGICAL MONITORING.
(a) BIOLOGICAL MONITORING CRITERIA.—Section
303(c)(2) of the Federal Water Pollution Control Act (33
U.S.C. 1313(c)(2)) is amended—
(1) by inserting after the third sentence of sub-
paragraph (B) the following: ‘‘Criteria for biological
monitoring or whole effluent toxicity shall employ an
aquatic species that is indigenous to the type of wa-
ters, a species that is representative of such species,
or such other appropriate species as will indicate the
toxicity of the effluent in the specific receiving wa-
ters. Such criteria shall take into account the nat-
ural biological variability of the species, and shall
ensure that the accompanying test method accu-
rately represents actual in-stream conditions, includ-
ing conditions associated with dry and wet weath-
er.’’;
(2) by striking the period at the end of sub-
paragraph (B) and inserting the following: ‘‘; except
that for publicly owned treatment works, municipal
separate storm sewer systems, and municipal com-
bined sewer overflows (including control facilities)
and other wet weather control facilities, nothing in
this Act shall be construed to authorize the use of
water quality standards or permit effluent limita-
tions which result in the finding of a violation upon
failure of whole effluent toxicity tests or biological
monitoring tests.’’; and
(3) by adding at the end the following:
‘‘(C) Where the permitting authority determines that
the discharge from a publicly owned treatment works, a
municipal separate storm sewer system, or municipal com-
bined sewer overflows (including control facilities) or other
wet weather control facilities causes, has the reasonable
potential to cause, or contributes to an in-stream excur-
sion above a narrative or numeric criterion for whole efflu-
ent toxicity, the permit may contain terms, conditions, or
limitations requiring further analysis, identification eval-
uation, or reduction evaluation of such effluent toxicity.
Such terms, conditions, or limitations meeting the require-
ments of this section may be utilized in conjunction with
a municipal separate storm sewer system, or municipal
combined sewer overflows (including control facilities) or
other wet weather control facilities only upon a demonstra-
tion that such terms, conditions, or limitations are tech-
nically feasible, accurately represent toxicity associated
with wet weather conditions, and can materially assist in
an identification evaluation or reduction evaluation of such
toxicity.’’.
(b) INFORMATION ON WATER QUALITY CRITERIA.—
Section 304(a)(8) of such Act (33 U.S.C. 1314(a)(8)) is
amended by inserting ‘‘, consistent with subparagraphs
(B) and (C) of section 303(c)(2),’’ after ‘‘publish’’.
(c) USE OF BIOLOGICAL MONITORING OR WHOLE
EFFLUENT TOXICITY TESTING.—Section 402 of such Act
(33 U.S.C. 1342) is amended by adding at the end the
following:
‘‘(q) USE OF BIOLOGICAL MONITORING OR WHOLE
EFFLUENT TOXICITY TESTING.—
‘‘(1) IN GENERAL.—Where the Administrator
determines that it is necessary in accordance with
subparagraphs (B) and (C) of section 303(c)(2) to
include biological monitoring, whole effluent toxicity
testing, or assessment methods as a term, condition,
or limitation in a permit issued to a publicly owned
treatment works, a municipal separate storm sewer
system, or a municipal combined sewer overflow (in-
cluding a control facility) or other wet weather con-
trol facility, permit term, condition, or limitation
shall be in accordance with such subparagraphs.
‘‘(2) RESPONDING
TO
TEST
FAILURES.—If a
permit issued under this section contains terms, con-
ditions, or limitations requiring biological monitoring
or whole effluent toxicity testing designed to meet
criteria for biological monitoring or whole effluent
toxicity, the permit may establish procedures for fur-
ther analysis, identification evaluation, or reduction
evaluation of such toxicity. The permit shall allow
the permittee to discontinue such procedures, subject
to future reinitiation of such procedures upon a
showing by the permitting authority of changed con-
ditions, if the source of such toxicity cannot, after
thorough investigation, be identified.
‘‘(3) TEST FAILURE NOT A VIOLATION.—The
failure of a biological monitoring test or a whole ef-
fluent toxicity test at a publicly owned treatment
works, a municipal separate storm sewer system, or
a municipal combined sewer overflow (including a
control facility) or other wet weather control facility
shall not result in a finding of a violation under this
Act.’’.
Æ