I
103D CONGRESS
2D SESSION
H. R. 3948
To amend the Federal Water Pollution Control Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1994
Mr. MINETA (for himself and Mr. BOEHLERT) introduced the following bill;
which was referred to the Committee on Public Works and Transportation
A BILL
To amend the Federal Water Pollution Control Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Water Quality Act of 1994’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
Sec. 3. Amendment of Federal Water Pollution Control Act.
TITLE I—RESEARCH AND RELATED PROGRAMS
Sec. 101. National goals and policies.
TITLE II—CONSTRUCTION GRANTS
Sec. 201. Uses of funds.
Sec. 202. Recovery of operation and maintenance costs.
Sec. 203. Sewage collection systems.
Sec. 204. Treatment works defined.
Sec. 205. Value engineering review.
Sec. 206. Grants for construction of treatment works.
TITLE III—STANDARDS AND ENFORCEMENT
Sec. 301. Innovative technology.
Sec. 302. Antidegradation.
Sec. 303. Mixing zones.
Sec. 304. Guidance on water quality standards for arid areas.
Sec. 305. Effluent limitations.
Sec. 306. Water quality reports.
Sec. 307. Citizen water quality monitoring program.
Sec. 308. Toxic pollutants.
Sec. 309. Federal enforcement.
Sec. 310. Federal facilities.
Sec. 311. Nonpoint source management programs.
Sec. 312. National estuary program.
Sec. 313. Pollution prevention.
Sec. 314. State watershed management programs.
TITLE IV—PERMITS AND LICENSES
Sec. 401. State permit programs.
Sec. 402. Stormwater discharge permits.
Sec. 403. Combined sewer overflows.
Sec. 404. Discharges into ground water.
Sec. 405. Beneficial use of biosolids.
TITLE V—GENERAL PROVISIONS
Sec. 501. Needs estimate.
Sec. 502. Emergency powers.
Sec. 503. Citizen suits.
Sec. 504. General program authorizations.
Sec. 505. Native American programs.
TITLE VI—STATE WATER POLLUTION CONTROL REVOLVING
FUNDS
Sec. 601. Water use efficiency measures.
Sec. 602. Guidance for small communities.
Sec. 603. Types of assistance.
Sec. 604. Allotment of funds.
Sec. 605. Authorization of appropriations.
TITLE VII—MISCELLANEOUS PROVISIONS
Sec. 701. Financial assistance for international wastewater treatment facilities.
Sec. 702. Wastewater service for colonias.
Sec. 703. Pollution from mobile sources.
Sec. 704. Technical amendments.
SEC. 2. DEFINITION.
In this Act, the term ‘‘Administrator’’ means the
‘‘Administrator of the Environmental Protection Agency’’.
SEC. 3. AMENDMENT OF FEDERAL WATER POLLUTION CON-
TROL ACT.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251–1387).
TITLE I—RESEARCH AND
RELATED PROGRAMS
SEC. 101. NATIONAL GOALS AND POLICIES.
(a) POLLUTION PREVENTION.—Section 101(a) (33
U.S.C. 1251(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(8) it is the national policy that pollution of
navigable waters should be prevented and reduced at
the source of the pollution whenever feasible;’’.
(b) FISHABLE, SWIMMABLE, AND DRINKABLE.—Sec-
tion 101(a) is further amended by adding at the end the
following:
‘‘(9) it is the national policy that the Nation’s
waters achieve a level of quality appropriate as a
source of water for human consumption;’’.
(c) GROUND WATER.—Section 101(a) is further
amended by adding at the end the following:
‘‘(10) it is the national policy to protect, in an
integrated manner, the quality of the Nation’s wa-
ters, including ground water that has a direct hydro-
logic connection to surface water;’’.
(d) RECLAMATION AND REUSE.—
(1) 
RECLAMATION.—Section 
101(a)(4) 
is
amended by inserting after ‘‘works’’ the following:
‘‘and to reclaim waste water from municipal and in-
dustrial sources’’.
(2) BENEFICIAL REUSE.—Section 101(a) is fur-
ther amended by adding at the end the following:
‘‘(11) it is the national policy that beneficial
reuse of waste water effluent, residuals, and byprod-
ucts be encouraged to the fullest extent possible;
and’’.
(e) WATER USE EFFICIENCY.—Section 101(a) is fur-
ther amended by adding at the end the following:
‘‘(12) it is the national policy that water use ef-
ficiency be encouraged to the fullest extent pos-
sible.’’.
TITLE II—CONSTRUCTION
GRANTS
SEC. 201. USES OF FUNDS.
(a) REMOVAL OF LIMITATION.—Section 201(g)(1)
(33 U.S.C. 1281(g)(1)) is amended by striking the period
at the end of the first sentence and all that follows
through the period at the end of the last sentence and
inserting the following: ‘‘and for any purpose for which
a grant may be made under sections 319(h) and 319(i)
of this Act (including any innovative and alternative ap-
proaches for the control of nonpoint sources of pollu-
tion).’’.
(b) CONSIDERATION OF WATER USE EFFICIENCY.—
Section 201(g)(2) (33 U.S.C. 201(g)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) water use efficiency options have been
studied and evaluated and, to the extent practicable
and cost effective, implemented.’’.
SEC. 202. RECOVERY OF OPERATION AND MAINTENANCE
COSTS.
Section 204(b)(1) (33 U.S.C. 1284(b)(1)) is amended
by striking ‘‘and (B)’’ and inserting the following: ‘‘(B)
has adopted or will adopt a system of charges that will
recover the costs of operation and maintenance (including
replacement and rehabilitation) of treatment works within
the applicant’s jurisdiction; and (C)’’.
SEC. 203. SEWAGE COLLECTION SYSTEMS.
Section 211(a) (33 U.S.C. 1291(a)) is amended—
(1) in clause (1) by striking ‘‘an existing collec-
tion system’’ and inserting ‘‘a collection system ex-
isting on the date of the enactment of the Water
Quality Act of 1994’’;
(2) in clause (2) by striking ‘‘an existing com-
munity’’ and inserting ‘‘a community existing on
such date of enactment’’; and
(3) in clause (2) by inserting after ‘‘sufficient
existing’’ the following: ‘‘on such date of enact-
ment’’.
SEC. 204. TREATMENT WORKS DEFINED.
(a) 
INCLUSION
OF
OTHER
LANDS.—Section
212(2)(A) (33 U.S.C. 1292(2)(A)) is amended—
(1) by striking ‘‘any works, including site’’;
(2) by striking ‘‘is used for ultimate’’ and in-
serting ‘‘will be used for ultimate’’; and
(3) by inserting before the period at the end the
following: ‘‘and acquisition of other lands, and inter-
ests in lands, which are necessary for construction’’.
(b) POLICY
ON
COST
EFFECTIVENESS.—Section
218(a) (33 U.S.C. 1298(a)) is amended by striking ‘‘com-
bination of devices and systems’’ and all that follows
through ‘‘from such treatment;’’ and inserting ‘‘treatment
works;’’.
SEC. 205. VALUE ENGINEERING REVIEW.
Section 218(c) (33 U.S.C. 1298(c)) is amended by
striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.
SEC. 206. GRANTS FOR CONSTRUCTION OF TREATMENT
WORKS.
(a) GENERAL AUTHORITY.—The Administrator shall
make grants under title II of the Federal Water Pollution
Control Act for the purpose of constructing treatment
works to serve the following localities and in the following
amounts:
(1) Boston, Massachusetts, $153,000,000.
(2) New York, New York, $70,000,000.
(3) Los Angeles, California, $50,000,000.
(4) 
Los 
Angeles 
County, 
California,
$50,000,000.
(5) Seattle, Washington, $35,000,000.
(6) Wayne County, Michigan, $82,000,000 for
the Rouge River National Wet Weather Demonstra-
tion Project.
(b) FUNDING.—The Administrator shall carry out
this section using amounts which were appropriated before
the date of the enactment of this Act and which are avail-
able for making grants described in subsection (a).
(c) BOSTON, MASSACHUSETTS.—
(1) GRANTS.—The Administrator may make
grants under title II of the Federal Water Pollution
Control Act to Boston, Massachusetts, for the pur-
pose of constructing treatment works.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $100,000,000 for fiscal year 1995.
Such sums shall remain available until expended.
TITLE III—STANDARDS AND
ENFORCEMENT
SEC. 301. INNOVATIVE TECHNOLOGY.
Section 301(k) (33 U.S.C. 1311(k)) is amended—
(1) by striking ‘‘lower costs’’ and all that fol-
lows through ‘‘achievable,’’ and inserting ‘‘reducing
the release of pollutants to other media,’’;
(2) by striking ‘‘a date’’ and inserting ‘‘a sched-
ule for compliance’’;
(3) by inserting ‘‘which includes a date for such
compliance’’ before ‘‘no later than’’; and
(4) by striking ‘‘two years’’ and inserting ‘‘3
years’’.
SEC. 302. ANTIDEGRADATION.
Section 303 (33 U.S.C. 1313) is amended—
(1) by redesignating subsections (f), (g), and
(h) as subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (e) the follow-
ing:
‘‘(f) ANTIDEGRADATION POLICY.—
‘‘(1) IN GENERAL.—Not later than the last day
of the 24-month period beginning on the date of the
enactment of this paragraph, each State shall de-
velop and submit to the Administrator for approval
a statewide antidegradation policy, including imple-
mentation procedures for such policy.
‘‘(2) 
MINIMUM
REQUIREMENTS.—An
antidegradation policy under this subsection shall, at
a minimum—
‘‘(A) identify existing instream water uses,
including any uses occurring on or after No-
vember 28, 1975, and provide for maintenance
and protection of water quality necessary to
protect such uses;
‘‘(B) provide for maintenance and protec-
tion of the water quality of any waters the qual-
ity of which are in excess of the levels necessary
to support the protection and propagation of a
balanced population of fish, shellfish, and wild-
life, and recreation in and on the water;
‘‘(C) provide that if the State finds, after
notice and opportunity for comment and full
satisfaction of the intergovernmental coordina-
tion provisions of the continuing planning proc-
ess of the State, that allowing a reduction in
the degree of water quality with respect to any
waters described in subparagraph (B) is nec-
essary to accommodate important economic or
social development in the area in which the wa-
ters are located, the State may reduce the level
of maintenance and protection required under
subparagraph (B) with respect to such waters
if the State notifies the Administrator of such
finding and waiver at least 30 days before such
waiver takes effect and if the State—
‘‘(i) ensures a degree of water quality
adequate to maintain and protect existing
uses (as described in subparagraph (A));
‘‘(ii) ensures that all new and existing
point sources which discharge pollutants
into such waters, and each industrial user
introducing pollutants into a publicly
owned treatment works which discharges
pollutants into such waters, are subject to
all applicable requirements of this Act; and
‘‘(iii) ensures that all new and existing
nonpoint sources within the State that af-
fect or are likely to affect the water quality
of such waters are subject to all applicable
requirements of this Act;
‘‘(D) provide for establishment and imple-
mentation by the State of a program to main-
tain and protect any high quality waters which
the State designates as outstanding national re-
source waters; except that the State may allow
necessary short-term or temporary exceedances;
‘‘(E) designate as outstanding national re-
source waters within the boundaries of the
State all waters within a national park (other
than a park located in an urbanized area, as
defined by the Bureau of the Census of the De-
partment of Commerce) or national wilderness
area and any waters of exceptional recreational
or ecological significance; except that the State
may propose not to designate specific waters as
outstanding national resource waters, and the
Administrator may approve, after notice and
opportunity for comment, the proposal—
‘‘(i) if the State demonstrates to the
satisfaction of the Administrator that the
designation would result in important so-
cial and economic harms; and
‘‘(ii) if, in the case of waters located
within Federal lands, the Federal manager
of the lands concurs with the State pro-
posal;
‘‘(F) allow any citizen of the State to peti-
tion the State for the designation of any waters
as outstanding national resource waters; and
‘‘(G) provide that a permitting authority
under 
section 
402 
shall 
conduct 
an
antidegradation review for waters before issuing
or reissuing any permit under section 402 for
a point source if such permit authorizes any
new, expanded, or increased discharge of a pol-
lutant into receiving waters; except that a re-
view shall not be required for an existing dis-
charge unless—
‘‘(i) the discharger is proposing to in-
crease an existing effluent limitation under
its permit; or
‘‘(ii) a new effluent limitation is re-
quired in the permit of the discharger for
a pollutant that was not previously sub-
jected to an effluent limitation in the per-
mit or addressed in the permit.
‘‘(3) APPROVAL OR DISAPPROVAL.—
‘‘(A) DEADLINE.—Subject to subpara-
graph (B), not later than 180 days after the
date of submission to the Administrator of any
antidegradation policy under this subsection,
the Administrator shall either approve or dis-
approve such policy. If the Administrator does
not disapprove a policy in such 180-day period,
such policy shall be deemed approved for pur-
poses of this subsection.
‘‘(B) PROCEDURE FOR DISAPPROVAL.—If,
after notice and opportunity for public comment
(2) GUIDANCE.—The Administrator shall issue
guidance to ensure consistency in recommendations
of the United States made pursuant to the amend-
ment made by paragraph (1).
(i) DETERMINATION
OF AMOUNT
OF CIVIL PEN-
ALTIES.—The second sentence of section 309(d) (33
U.S.C. 1319(d)) is amended by inserting after ‘‘the eco-
nomic impact of the penalty on the violator,’’ the follow-
ing: ‘‘the amount of any penalty previously imposed on
the violator by a court or administrative agency for the
same violation or violations,’’.
(j) JOINING STATES AS PARTIES IN ACTIONS IN-
VOLVING MUNICIPALITIES.—Section 309(e) (33 U.S.C.
1319(e)) is amended by striking ‘‘shall be joined as a
party. Such State’’ and inserting ‘‘may be joined as a
party. Any State so joined as a party’’.
(k) ADMINISTRATIVE PENALTIES.—
(1) MAXIMUM
AMOUNT
OF
CLASS
I
PEN-
ALTIES.—Section 
309(g)(2)(A) 
(33 
U.S.C.
1319(g)(2)(A)) is amended by striking ‘‘$25,000’’
and inserting ‘‘$100,000’’.
(2) MAXIMUM
AMOUNT
OF
CLASS
II
PEN-
ALTIES.—Section 
309(g)(2)(B) 
(33 
U.S.C.
1319(g)(2)(B)) is amended by striking ‘‘$125,000’’
and inserting ‘‘$300,000’’.
‘‘(B) engaged in any activity resulting, or
which may result, in the discharge or runoff of
pollutants,
and each officer, agent, or employee thereof in the
performance of his official duties, shall be subject to,
and comply with, all Federal, State, interstate, and
local requirements, administrative authority, and
process and sanctions respecting the control and
abatement of water pollution in the same manner
and to the same extent as any nongovernmental en-
tity, including the payment of reasonable service
charges.
‘‘(2) TYPES OF ACTIONS COVERED.—Paragraph
(1) shall apply—
‘‘(A) to any requirement whether sub-
stantive or procedural (including any record-
keeping or reporting requirement, any require-
ment respecting permits, and any other require-
ment),
‘‘(B) to the exercise of any Federal, State,
or local administrative authority, and
‘‘(C) to any process and sanction, whether
enforced in Federal, State, or local courts or in
any other manner.