A bill to amend the Federal Water Pollution Control Act to provide additional authorizations for certain operating programs under the Act.
PL 95-576 (H.R.12140), enacted 11/02/1978

PUBLIC LAW 95-576—NOV. 2, 1978 
92 STAT. 246*; 
Public Law 95-576 
95th Congress 
An Act 
To amend the Federal Water Pollution Control Act to provide additional author-
izations for certain operating programs under the Act. 
J. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That (a) clause (1) 
of section 104 (u) of the Federal Water Pollution Control Act (33 
U.S.C. 1254) IS amended to read as follows: "(1) not to exceed 
$100,000,000 per fiscal year for the fiscal year ending June 30,1973, the 
fiscal year ending June 30, 1974, and the fiscal year ending June 30, 
1975, and not to exceed $14,039,000 for the fiscal year ending Septem-
ber 30,1980, for carrying out the provisions of this section, other than 
subsections (g) (1) and (2), (p), (r), and (t), except that such 
authorizations are not for any research, development, or demonstra-
tion activity pursuant to such provisions;", 
(b) (1) Section 311(a) (2) of the Federal Water Pollution Control 
Act is amended by inserting before the semicolon at the end thereof 
the following: ", but excludes (A) discharges in compliance with a 
permit under section 402 of this Act, (B) discharges resulting from 
circumstances identified and reviewed and made a part of the public 
record with respect to a permit issued or modified under section 402 
of this Act, and subject to a condition in such permit, and (C) con-
tinuous or anticipated intermittent discharges from a point source, 
identified in a permit or permit application under section 402 of this 
Act, which are caused by events occurring within the scope of relevant 
operating or treatment systems", 
(2) Section 311(a) of the Federal Water Pollution Control Act 
is amended by adding at the end thereof the following new paragraph: 
"(17) 'Otherwise subject to the jurisdiction of the United 
States' means subject to the jurisdiction of the United States by 
virtue of United States citizenship. United States vessel docu-
mentation or numbering, or as provided for by international 
agreement to which the United States is a party.". 
(3) Section 311(b)(2)(B) of such Act is amended to read as 
follows: 
"(B) The Administrator shall within 18 months after the date of 
enactment of this paragraph, conduct a study and report to the 
Congress on methods, mechanisms, and procedures to create incentives 
to achieve a higher standard of care in all aspects of the management 
and movement of hazardous substances on the part of owners, opera-
tors, or persons in charge of onshore facilities, offshore facilities, or 
vessels. The Administrator shall include in such study (1) limits of 
liability, (2) liability for third party damages, (3) penalties and fees, 
(4) spill prevention plans, (5) current practices in the insurance and 
banking industries, and (6) whether the penalty enacted in subclause 
(bb) of clause (iii) of subparagraph (B) of subsection (b) (2) of 
section 311 of Public Law 92-500 should be enacted,". 
Nov. 2, 1978 
[H.R. 12140] 
Federal Water 
Pollution Control 
Act, amendment. 
Oil and 
hazardous 
substance 
liability. 
33 u s e 1321. 
33 u s e 1342. 
Study and report 
to Congress. 
86 Stat. 862. 
92 STAT. 2468 
PUBLIC LAW 95-576—NOV. 2, 1978 
33 u s e 1321. 
Regulations. 
Penalty. 
jurisdiction. 
Damages, 
mitigation. 
Costs. 
(4) Section 311(b) (3) of such Act is amended by striking out "in 
harmful quantities" and inserting in lieu thereof "in such quantities 
as may be harmful". 
(5) Section 311(b) (4) of such Act is amended to read as follows: 
"(4) The President shall by regulation determine for the pur-
' 
poses of this section those quantities of oil and any hazardous 
substances the discharge of which may be harmful to the public 
health or welfare of the United States, including but not limited 
to fish, shellfish, wildlife, and public and private property, shore-
(6) Section 311(b) (5) of the Federal Water Pollution Control Act 
is amended by inserting "at the time of the discharge" after the words 
"otherwise subject to the jurisdiction of the United States". 
(7) Section 311(b) (6) of such Act is amended by inserting after 
" (6)" the letter " (A)" and by inserting "at the time of the discharge" 
alter the words "otherwise subject to the jurisdiction of the United 
States", and by inserting four new subparagraphs as follows: 
"(B) The Administrator, taking into account the gravity of the 
offense, and the standard of care manifested by the owner, operator, 
or person in charge, may commence a civil action against any such per-
son subject to the penalty under subparagraph (A) of this paragraph 
to impose a penalty based on consideration of the size of the business 
of the owner or operator, the effect on the ability of the owner or 
operator to continue in business, the gravity of the violation, and the 
nature, extent, and degree of success of any efforts made by the owner, 
operator, or person in charge to minimize or mitigate the effects of 
such discharge. The amount of such penalty shall not exceed $50,000, 
except that where the United States can show that such discharge was 
the result of willful negligence or willful misconduct within the privity 
and knowledge of the owner, operator, or person in charge, such pen-
alty shall not exceed $250,000. Each violation is a separate offense. 
Any action under this subparagraph may be brought in the district 
court of the United States for the district in which the defendant is 
located or resides or is doing business, and such court shall have juris-
diction to assess such penalty. No action may be commenced under 
this clause where a penalty has been assessed under clause (A) of this 
paragraph. 
"(C) In addition to establishing a penalty for the discharge of a 
hazardous substance, the Administrator may act to mitigate the dam-
age to the public health or welfare caused by such discharge. The cost 
of such mitigation shall be deemed a cost incurred under subsection 
(c) of this section for the removal of such substance by the United 
States Government. 
PUBLIC LAW 95-576—NOV. 2, 1978 
92 STAT. 2469 
"(D) Any costs of removal incurred in connection with a discharge Recovery, 
excluded by subsection (a)(2)(C) of this section shall be recoverable 
from the owner or operator of the source of the discharge in an action 
brought under section 309 (b) of this Act. 
33 USC 1319. 
"(E) Civil penalties shall not be assessed under both this section 
and section 309 for the same discharge.". 
Approved November 2, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1097 (Comm. on Public Works and Transportation). 
CONGRESSIONAL RECORD, VoL 124 (1978): 
June 5, considered and passed House. 
Oct. 15, considered and passed Senate, amended; House concurred in Senate 
amendment.