An Act to amend the Federal Water Pollution Control Act to provide for additional authorizations, and for other purposes.
PL 95-217 (H.R.3199), enacted 12/27/1977

91 STAT. 1566 
PUBLIC LAW 95-217—DEC. 27, 1977 
Public Law 95-217 
95th Congress 
An Act 
Dec. 27, 1977 
ip^ amend the Federal Water Pollution Control Act to provide for additional 
[H.R. 3199] 
authorizations, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Clean Water Act 
United States of America 
in Congress assembled, That this Act may 
of 1977. 
be cited as the "Clean Water Act of 1977". 
33 use 1251 
note. 
SHORT TITLE 
33 use 1251 
SEC. 2. Section 618 of the FederallVater Pollution Control Act is 
"•^t®- 
amended to read as follows: 
u 
SHORT TITLE 
"SEC. 518. This Act may be cited as the 'Federal Water Pollution 
Control Act' (commonly referred to as the Clean Water Act).". 
AUTHORIZATION 
APPROVAL 
33 use 1376 
SEC. 3. Funds appropriated before the date of enactment of this Act 
note, 
for expenditure during the fiscal year ending June 30,1976, the transi-
tion quarter ending September 30,1976. and the fiscal year ending Sep-
tember 30, 1977, under authority of the Federal Water Pollution 
Control Act, are hereby authorized for those purposes for which 
appropriated. 
AUTHORIZATION 
EXTENSION 
33 use 1254. 
SEC. 4. (a) Section 104(u) (2) of the Federal Water Pollution Con-
trol Act is amended by striking out "1975" and inserting in lieu thereof 
"1975, $2,000,000 for fiscal year 1977, $3,000,000 for fiscal year 1978, 
$3,000,000 for fiscal year 1979, and $3,000,000 for fiscal year 1980,". 
(b) Section 104(u) (3) of the Federal Water Pollution Control Act 
is amended by striking out "1975" and inserting, in lieu thereof "1975, 
$1,000,000 for fiscal year 1977, $1,500,000 for fiscal year 1978, $1,500,000 
for fiscal year 1979, and $1,500,000 for fiscal year 1980,". 
33 use 1256. 
(c) Section 106(a) (2) of the Federal Water Pollution Control Act 
is amended by striking out "and the fiscal year ending June 30,1975;" 
and inserting in lieu thereof "and the fiscal year ending June 30,1975, 
$100,000,000 per fiscal year for the fiscal years 1977, 1978, 1979, and 
1980;". 
33 use 1262. 
(d) Section 112(c) of the Federal Water Pollution Control Act is 
amended by inserting "$6,000,000 for the fiscal year ending Septem-
ber 30, 1977, $7,000,000 for the fiscal year ending September 30, 1978, 
$7,000,000 for the fiscal year ending September 30,1979, and $7,000,000 
for the fiscal year ending September 30. 1980," immediately after 
"June 30,1975,". 
33 use 1288. 
(e) Section 208(f) (3) of the Federal Water Pollution Control Act 
is amended by striking out "and not to exceed $150,000,000 for the fiscal 
year ending June 30, 1975." and inserting in lieu thereof "and not to 
exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 
1975, September 30,1977, September 30,1978, September 30,1979, and 
September 30,1980.". 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1567 
(f) Section 314(c) (2) of the Federal Water Pollution Control Act 33 USC 1324. 
is amended by striking out "and $150,000,000 for the fiscal year 1975" 
and inserting in lieu thereof "$150,000,000 for the fiscal year 1975, 
$50,000,000 for fiscal year 1977, $60,000,000 for fiscal year 1978, 
$60,000,000 for fiscal year 1979, and $60,000,000 for fiscal year 1980". 
(g) Section 517 of the Federal Water Pollution Control Act is 33 USC 1376. 
amended by striking out "and $350,000,000 for the fiscal year ending 
June 30,1975." and inserting in lieu thereof "$350,000,000 for the fiscal 
year ending June 30,1975, $100,000,000 for the fiscal year ending Sep-
tember 30, 1977. $150,000,000 for the fiscal year ending September 30, 
1978, $150,000,000 for the fiscal year ending September 30, 1979, and 
$150,000,000 for the fiscal year ending September 30, 1980.". 
STATE JURISDICTION 
SEC. 5. (a) Section 101 of the Federal Water Pollution Control Act 
is amended by adding at the end thereof the following new subsection: 
"(g) It is the policy of Congress that the authority of each State to 
allocate quantities of'water within its jurisdiction shall not be super-
seded, abrogated or otherwise impaired by this Act. It is the further 
policy of Congress that nothing in this Act shall be construed to super-
sede or abrogate rights to quantities of water which have been estab-
lished by any State. Federal agep.cies shall co-operate with State and 
local agencies to develop coinprehensive solutions to prevent, reduce 
and eliminate pollution in concert with programs for managing water 
resources.". 
(b) Section 102 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(d) The Administrator, after consultation with the States, and 
River Basin Commissions established under the Water Resources 
Planning Act, shall submit a report to Congress on or before July 1, 
1978, which analyzes the relationship between programs under this 
Act, and the programs by which State and Federal agencies allocate 
quantities of water. Such report shall include recommendations con-
cerning the policy in section 101 (g) of the Act to improve coordination 
of efforts to reduce and eliminate pollution in concert with programs 
for managing water resources.". 
Water allocation 
authority. 
33 USC 1251. 
Report to 
Congress. 
33 USC 1252. 
42 USC 1962 
note. 
ESTUARINE STUDY 
SEC. 6. Section 104(n) (3) of the Federal Water Pollution Control 33 USC 1254. 
Act is amended by striking out "any three year period" and inserting 
in lieu thereof "any six-year period". 
C L E A R I N G H O U S E F O R ALTERNATIVE TREATMENT INFORMATION 
SEC. 7. Section 104(q) of the Federal Water Pollution Control Act Establishment, 
is amended by adding at the end thereof the following: 
"(3) The Administrator shall establish, either within the Environ-
mental Protection Agency, or through contract with an appropriate 
public or private non-profit organization, a national clearinghouse 
which shall (A) receive reports and information resulting from 
research, demonstrations, and other projects funded under this Act 
related to paragraph (1) of this subsection and to subsection (e) (2) of 
section 105; (B) coordinate and disseminate such reports and informa-
tion for use by Federal and State agencies, municipalities, institutions, 
and persons in developing new and improved methods pursuant to this 
subsection; and (C) provide for the collection and dissemination of 
91 STAT. 1568 
PUBLIC LAW 95-217—DEC. 27, 1977 
reports and information relevant to this subsection from other Federal 
and State agencies, institutions, universities, and persons.". 
Grants to 
municipalities. 
33 use 1255. 
33 
use 
1254, 
1263. 
33 
use 
1281. 
ASSISTAXCE FOR RESEARCH AND DEMONSTRATION PROJECTS 
SEC. 8. Section 105 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(i) The Administrator is authorized to make grants to a munici-
pality to assist in the costs of operating and maintaining a project 
which received a grant under this section, section 104, or section 113 
of this Act prior to the date of enactment of this subsection so as to 
reduce the operation and maintenance costs borne by the recipients of 
services from such project to costs comparable to those for projects 
assisted under title II of this Act.". 
ASSISTANCE FOR RECYCLE, REUSE, AND LAND TREATMENT PROJECTS 
Grants. 
SEC. 9. Section 105 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
" (j) The Administrator is authorized to make a grant to any grantee 
who received an increased grant pursuant to section 202(a) (2) of this 
33 use 1282. 
Act. Such grant may pay up to 100 per centum of the costs of technical 
evaluation of the operation of the treatment works, costs of training 
of persons (other than employees of the grantee), and costs of dis-
seminating technical information on the operation of the treatment 
works.". 
TRAINING GRANTS 
33 use 1259. 
SEC 10. (a) Section 109(b) (3) of the Federal Water Pollution Con-
trol Act is amended by striking "$250,000" and inserting in lieu thereof 
"$500,000". 
Exemptions. 
(b) Section 109(b) of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new paragraph: 
"(4) The Administrator may exempt a grant under this section 
33 use 1284. 
from any requirement under section 204(a)(3) of this Act. Any 
grantee who received a grant under this section prior to enactment of 
the Clean Water Act of 1977 shall be eligible to have its grant increased 
by funds made available under such Act.". 
(c) Section 109(b) (1) of the Federal Water Pollution Control Act 
is amended by inserting before the period the following: "and for 
the costs of other State treatment works operator training programs, 
including mobile training units, classroom rental, specialized instruc-
tors, and instructional material". 
(d) Section 109(b) (1) of the Federal Water Pollution Control Act 
is amended by striking out "construction of a treatment works" and 
inserting in lieu thereof: "construction of treatment works". 
Supplemental 
(e) Section 109(b) (2) of the Federal Water Pollution Control Act 
State facilities. 
jg amended by adding at the end thereof the following new sentence: 
"In any case where a grant is made to serve two or more States, the 
Administrator is authorized to make an additional grant for a supple-
mental facility in each such State.". 
Alaskan village 
demonstration 
projects. 
33 use 1263. 
RURAL \T:LLAGE STUDY 
SEC. 11. (a) Section 113 of the Federal Water Pollution Control 
Act is amended by adding new subsections (e), (f), and (g) as 
follows: 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1569 
"(e) The Administrator is authorized to coordinate with the Sec-
retary of the Department of Health, Education, and Welfare, the 
Secretary of the Department of Housing and Urban Development, 
the Secretary of the Department of the Interior, the Secretary of the 
Department of Agriculture, and the heads of any other departments 
or agencies he may deem appropriate to conduct a joint study with 
representatives of the State of Alaska and the appropriate Native 
organizations (as defined in Public Law 92-203) to develop a compre-
hensive program for achieving adequate sanitation services in Alaska 
villages. This study shall be coordinated with the programs and proj-
ects authorized by sections 104(q) and 105(e)(2) of this Act. Tlie 
Administrator shall submit a report of the results of the study, 
together with appropriate supporting data and such recommendations 
as he deems desirable, to the Committee on Environment and Public 
Works of the Senate and to the Committee on Public Works and 
Transportation of the House of Representatives not later than Decem-
ber 31, 1979. The Administrator shall also submit recommended 
administrative actions, procedures, and any proposed legislation nec-
essary to implement the recommendations of the study no later than 
June 30,1980. 
"(f) The Administrator is authorized to provide technical, finan-
cial and management assistance for operation and maintenance of the 
demonstration projects constructed under this section, until such time 
as the recommendations of subsection (e) are implemented. 
"(g) For the purpose of this section, the term 'village' shall mean 
an incorporated or unincorporated community with a population of 
ten to six hundred people living within a two-mile radius. The term 
'sanitation services' shall mean water supply, sewage disposal, solid 
waste disposal and other services necessary to maintain generally 
accepted standards of personal hygiene and public health.". 
(b) Subsection (d) of section 113 of the Federal Water Pollution 
Control Act is amended by adding at the end thereof the following: 
"In addition, there is authorized to be appropriated to carry out this 
section not to exceed $200,000 for the fiscal yei*T ending September 30, 
1978, and $220,000 for the fiscal year ending September 30, 1979." 
Coordination. 
43 use 1601 
note. 
33 u s e 1254, 
1255. 
Report to 
congressional 
committees. 
Assistance. 
Definitions. 
Appropriation 
authorization. 
33 u s e 1263. 
GRANT APPLICATION REVIEW 
SEC. 12. Section 201 (g) of the Federal Water Pollution Control Act 33 USe 1281. 
is amended by adding at the end thereof the following new paragraph: 
"(5) The Administrator shall not make grants from funds author-
ized for anj fiscal year beginning after September 30, 1978, to any 
State, municipality, or intermunicipal or interstate agency for the 
erection, building, acquisition, alteration, remodeling, improvement, 
or extension of treatment works unless the grant applicant has satis-
factorily demonstrated to the Administrator that innovative and alter-
native wastewater treatment processes and techniques which provide 
for the reclaiming and reuse of water, otherwise eliminate the dis-
charge of pollutants, and utilize recycling techniques, land treatment, 
new or improved methods of waste treatment management for munici-
pal and industrial waste (discharged into municipal systems) and the 
confined disposal of pollutants, so that pollutants will not migrate to 
cause water or other environmental pollution, have been fully studied 
and evaluated by the applicant taking into account section 201(d) 
of this Act and taking into account and allowing to the extent prac-
ticable the more efficient use of energy and resources.". 
91 STAT. 1570 
PUBLIC LAW 95-217—DEC. 27, 1977 
RECREATION AND OPEN SPACE 
Grants. 
SEC. 13. Section 201(g) of the Federal Water Pollution Control Act 
Ante, p. 1569. 
is amended by adding at the end thereof the following new paragraph: 
"(6) The Administrator shall not make grants from funds author-
ized for any fiscal year beginning after September 30, 1978, to any 
State, municipality, or intermunicipal or interstate agency for the 
erection, building, acquisition, alteration, remodeling, improvement, 
or extension of treatment works unless the grant applicant has satis-
factorily demonstrated to the Administrator that the applicant has 
analyzed the potential recreation and open space opportunities in 
the planning of the proposed treatment works.". 
INDIVIDUAL SYSTEMS 
Privately owned 
SEC. 14. Section 201 of the Federal Water Pollution Control Act is 
treatment works, amended by adding at the end thereof the following new subsection : 
8™°*^- 
" (li) A grant may be made under this section to construct a privately 
owned treatment works serving one or more principal residences or 
small commercial establishments constructed prior to, and inhabited 
on, the date of enactment of this subsection where the Administrator 
finds that— 
"(1) a public body otherwise eligible for a grant under subsec-
tion (g) of this section has applied on behalf of a number of such 
units and certified that public ownership of such works is not 
feasible; 
"(2) such public body has entered into an agreement with the 
Administrator which guarantees that such treatment works will 
be properly operated and maintained and will comply with all 
33 use 1284. 
other requirements of section 204 of this Act and includes a system 
of charges to assure that each recipient of waste treatment serv-
ices under such a grant will pay its proportionate share of the 
cost of operation and maintenance (including replacement); and 
" (3) the total cost and environmental impact of providing waste 
treatment services to such residences or commercial establish-
ments will be less than the cost of providing a system of collec-
tion and centi'al treatment of such wastes. 
In the case of any treatment works assisted under this subsection serv-
ing commercial users, any such agreement under paragraph (2) shall 
make provision for the payment to the United States by the commer-
cial users of the treatment works of that portion of the cost of con-
struction of such works which is applicable to the treatment of 
commercial wastes to the extent attributable to the Federal share 
of the cost of construction.". 
Grants. 
ENERGY REQUIREMENTS 
SEC. 15. Section 201 of the Federal Water Pollution Control Act 
is amended by adding at the end thereof the following new subsection: 
"(i) The Administrator shall encourage waste treatment manage-
ment methods, processes, and techniques which will reduce total 
energy requirements.". 
C O S T EFrECTI\TENESS 
SEC. 16. Section 201 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(j) The Administrator is authorized to make a grant for any 
treatment works utilizing processes and techniques meeting the guide-
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1571 
State 
contributions. 
lines promulgated under section 304(d) (3) of this Act, if the Admin- 33 USC 1314. 
istrator determines it is in the public interest and if in the cost 
effectiveness study made of the construction grant application for the 
purpose of evaluating alternative treatment works, the life cycle cost 
of the treatment works for which the grant is to be made does not 
exceed the life cycle cost of the most cost effective alternative by more 
than 15 per centum.". 
FEDERAL GRANT SHARE 
SEC. 17. Subsection (a) of section 202 of the Federal Water Pollu-
tion Control Act is amended by inserting "(1)" immediately after 33 USC 1282. 
"(a)" and by inserting at the end thereof the following new 
paragraphs: 
"(2) The amount of any grant made after September 30, 1978, and 
before October 1,1981, for any eligible treatment works or significant 
portion thereof utilizing innovative or alternative wastewater treat-
ment processes and techniques referred to in section 201(g) (5) shall Ante, p. 1569 
be 85 per centum of the cost of construction thereof. No grant shall be 
made under this paragraph for construction of a treatment works in 
any State unless the proportion of the State contribution to the non-
Federal share of construction costs for all treatment works in such 
State receiving a grant under this paragraph is the same as or greater 
than the proportion of the State contribution (if any) to the non-
Federal share of construction costs for all treatment works receiving 
grants in such State under paragraph (1) of this subsection. 
"(3) In addition to any grant made pursuant to paragraph (2) of 
this subsection, the Administrator is authorized to make a grant to 
fund all of the costs of the modification or replacement of any 
facilities constructed with a grant made pursuant to paragraph C2) 
if the Administrator finds that such facilities have not met design 
performance specifications unless such failure is attributable to negli-
gence on the part of any person and if such failure has significantly 
increased capital or operating and maintenance expenditures. 
"(4) For the purposes of this section, the term 'eligible treatment 
works' means those treatment works in each State which meet the 
requirements of section 201 (ff) (5) of this Act and which can be fully 
funded from funds available for such purpose in such State in the 
fiscal years ending September 30, 1979, September 30, 1980, and Sep-
tember 30. 1981. Such term does not include collector sewers, inter-
ceptors, storm or sanitary sewers or the separation thereof, or major 
sewer rehabilitation.". 
COMBINED GRANTS 
SEC. 18. Section 203 (a) of the Federal Water Pollution Control Act 33 USC 1283. 
is amended by adding at the end thereof the following new sentences: 
"In the case of a treatment works that has an estimated total cost of 
$2,000,000 or less (as determined by the Administrator), and the popu-
lation of the applicant municipality is twenty-five thousand or less 
(according to the most recent United States census), upon completion 
of an approved facility plan, a single grant may be awarded for the 
combined Federal share of the cost of preparing construction plans 
and specifications, and the building and erection of the treatment 
works. If anv State is found by the Administrator to have unusually 
high costs of construction, the Administrator may authorize a single 
grant under the preceding sentence where the estimated total cost of 
the treatment works does not exceed $3,000,000.". 
Modification and 
replacement 
funding. 
"Eligible 
treatment 
works." 
91 STAT. 1572 
PUBLIC LAW 95-217—DEC. 27, 1977 
.(-'-: 
/^ i - '• 
.,'- 
> 
CONTRACT ENFORCEMENT 
\ 
,;„„^ 
. 
_' ,. 
-r 
33 use 1283. 
SEC. 19. Section 203 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(e) At the request of a grantee under this title, the Administrator 
is authorized to provide technical and legal assistance in the adminis-
tration and enforcement of any contract in connection with treatment 
works assisted under this title, and to intervene in any civil action 
involving the enforcement of such a contract.". 
Grants. 
33 use 1284. 
33 use 1313. 
Post, p. 1588. 
PRIORITY 
SEC. 20. Section 204(a) (3) of the Federal Water Pollution Control 
Act is amended by inserting immediately after the word "Act" the 
following: ", except that any priority list developed pursuant to 
section 303(e) (3) (H) may be modified by such State in accordance 
with regulations promulgated by the Administrator to give higher 
priority for grants for the Federal share of the cost of preparing 
construction drawings and specifications for any treatment works 
utilizing processes and techniques meeting the guidelines promulgated 
under section 304(d) (3) of this Act and for grants for the combined 
Federal share of the cost of preparing construction drawings and 
specifications and the building and erection of any treatment works 
meeting the requirements of the next to the last sentence of section 
203(a) of this Act which utilizes processes and techniques meeting the 
guidelines promulgated under section 304(d) (3) of this Act.". 
RESERVE CAPACITY 
Grant eligibility. 
SEC. 21. Section 204(a) (5) of the Federal Water Pollution Control 
Act is amended by striking out the semicolon at the end thereof and 
inserting in lieu thereof a comma and the following: "after taking 
into account, in accordance with regulations promulgated by the 
Administrator, efforts to reduce total flow of sewage and unnecessary 
water consumption. The amount of reserve capacity eligible for a 
grant under this title shall be determined by the Administrator taking 
into account the projected population and associated commercial and 
industrial establishments within the jurisdiction of the applicant to be 
served by such treatment works as identified in an approved facilities 
33 use 1288. 
plan, an areawide plan under section 208, or an applicable municipal 
master plan of development. For the purpose of this paragraph, section 
208, and any such plan, projected population shall be determined on 
the basis of the latest information available from the United States 
Department of Commerce or from the States as the Administrator, by 
regulation, determines appropriate.". 
Ad valorem tax 
systems. 
USER CHARGES 
SEC. 22. (a) Paragraph (1) of subsection (b) of section 204 of the 
Federal Water Pollution Control Act is amended— 
(1) by striking out in clause (A) "proportionate share" and 
inserting in lieu thereof "proportionate share (except as other-
wise provided in this paragraph)"; and 
(2) by adding at the end of such paragraph (1) the following: 
"In any case where an applicant which, as of the date of enact-
ment of this sentence, uses a system of dedicated ad valorem taxes 
and the Administrator determines that the applicant has a system 
of charges which results in the distribution of operation and 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1573 
maintenance costs for treatment works within the applicant's 
jurisdiction, to each user class, in proportion to the contribution to 
the total cost of operation and maintenance of such works by each 
user class (taking into account total waste water loading of such 
works, the constituent elements of the wastes, and other appro-
priate factors), and such applicant is otherwise in compliance 
with clause (A) of this paragraph with respect to each industrial 
user, then such dedicated ad valorem tax system shall be deemed 
to be the user charge system meeting the Requirements of clause 
(A) of this paragraph for the residential user class and such small 
non-residential user classes as defined by the Administrator. In 
defining small non-residential users, the Administrator shall con-
sider the volume of wastes discharged into the treatment works 
by such users and the constituent elements of such wastes as well 
as such other factors as he deems appropriate.", 
(b) Subsection (b) of section 204 of the Federal Water Pollution 
Control Act is amended by adding at the end thereof the following 
new paragraph: 
"(5) A system of charges which meets the requirement of clause 
(A) of paragraph (1) of this subsection may be based on something 
other than metering the sewage or water supply flow of residential 
recipients of waste treatment services, including ad valorem taxes. 
If the system of charges is based on something other than metering 
the Administrator shall require (A) the applicant to establish a system 
by which the necessary funds will be available for the proper opera-
tion and maintenance of the treatment works; and (B) the applicant 
to establish a procedure under which the residential user will be noti-
fied as to that portion of his total payment which will be allocated to 
the cost of the waste treatment services.". 
Systems of 
charges, 
requirements. 
33 use 1284. 
WATER 
CONSERVATION 
SEC. 23. Section 204(b) (3) of the Federal Water Pollution Control 
Act is amended by adding at the end thereof the following: "Notwith-
standing paragraph (1) (B) of this subsection, subject to the approval 
of the Administrator, a grantee that received a grant prior to the enact-
ment of the Clean Water Act of 1977 may reduce the amounts required 
to be paid to such grantee by any industrial user of waste treatment 
services under such paragraph, if such grantee requires such industrial 
user to adopt other means of reducing the demand for waste treatment 
services through reduction in the total flow of sewage or unnecessary 
water consumption, in proportion to such reduction as determined in 
accordance with regulations promulgated by the Administrator.". 
Waste treatment 
service charges, 
reduction. 
INDUSTRIAL COST RECOVERY 
SEC. 24. (a) Section 204(b) (3) (B) of the Federal Water Pollution 
Control Act is amended by inserting after "necessary for" the follow-
ing : "the administrative costs associated with the requirement of par-
agraph (1) (B) of this subsection and". 
(b) Section 204(b) of the Federal Water Pollution Control Act 
is amended by adding at the end thereof the following new paragraph: 
"(6) The Administrator is authorized to exempt from the require-
ment of paragraph (1) (B) of this subsection any industrial user with 
a flow into such treatment works per day equivalent to twenty-five 
thousand gallons or less per day of sanitary waste, if such industrial 
user does not introduce into such treatment works any pollutant which 
Service charges 
for industrial 
users, 
exemptions. 
91 STAT. 1574 
PUBLIC LAW 95-217—DEC. 27, 1977 
interferes or is incompatible with, or contaminates or reduces the util-
ity of the sludge of such works.". 
33 use 1284. 
(c) Section 204(b) (1) (B) of the Federal Water Pollution Control 
Act is amended by inserting before the semicolon the following: 
"(which such portion, in the discretion of the applicant, may be 
recovered from industrial users of the total waste treatment system as 
distinguished from the treatment works for which the grant is made)". 
Grant funds. 
33 use 1285. 
33 use 1287. 
Funds, 
obligation. 
Reallotment. 
Minimum State 
allotments. 
Appropriation 
authorization. 
ALLOTMENT 
SEC. 25. (a) The first sentence of subsection (a) of section 205 of the 
Federal Water Pollution Control Act is amended by striking out 
"June 30,1972," and inserting in lieu thereof "June 30,1972, and before 
September 30, 1977,". 
(b) Such section 205 is further amended by adding at the end thereof 
the following new subsections: 
"(c) Sums authorized to be appropriated pursuant to section 207 
for the fiscal years during the period beginning October 1, 1977, and 
ending September 30, 1981, shall be allotted for each such year by the 
Administrator not later than the tenth day which begins after the 
date of enactment of the Clean Water Act of 1977. Notwithstanding 
any other provision of law, sums authorized for the fiscal years ending 
September 30, 1978, September 30,1979, September 30, 1980, and Sep-
tember 30, 1981, shall be allotted in accordance with table 3 of Com-
mittee Print Numbered 95-30 of the Committee on Public Works and 
Transportation of the House of Kepresentatives. 
"(d) Sums allotted to the States for a fiscal year shall remain avail-
able for obligation for the fiscal year for which authorized and for 
the period of the next succeeding twelve months. The amount of any 
allotment not obligated by the end of such twenty-four-month period 
shall be immediately reallotted by the Administrator on the basis of 
the same ratio as applicable to sums allotted for the then current fiscal 
year, except that none of the funds reallotted by the Administrator 
for fiscal year 1978 and for fiscal years thereafter shall be allotted to 
any State which failed to obligate any of the funds being reailotted. 
Any sum made available to a State by reallotment under this sub-
section shall be in addition to any funds otherwise allotted to such 
State for grants under this title during any fiscal year. 
"(e) For the fiscal years 1978, 1979, 1980, and 1981, no State shall 
receive less than one-half of 1 per centum of the total allotment under 
subsection (c) of this section, except that in the case of Guam, Virgin 
Islands, American Samoa, and the Trust Territories not more than 
thirty-three one-hundredths of 1 per centum in the aggregate shall be 
allotted to all four of these jurisdictions. For the purpose of carrying 
out this subsection there are authorized to be appropriated, subject to 
such amounts as are provided in appropriation Acts, not to exceed 
$75,000,000 for each of fiscal years 1978, 1979, 1980, and 1981. If for 
any fiscal year the ainount appropriated under authority of this sub-
section is less than the amount necessary to carry out this subsection, 
the amount each State receives under this subsection for such year shall 
bear the same ratio to the amount such State would have received 
under this subsection in such year if the amount necessary to carry it 
out had been appropriated as the amount appropriated for such 
year bears to the amount necessary to carry out this subsection for 
such year. 
"(f) Notwithstanding any other provision of this section, sums 
made available between January 1, 1975, and March 1, 1975, by the 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1575 
Administrator for obligation shall be available for obligation until 
September 30, 1978.". 
STATE MANAGEMENT ASSISTANCE 
SEC. 26. (a) Section 205 of the Federal Water Pollution Control 
Act is amended by adding after new subsection (f) the following new 
subsection: 
"(g) (1) The Administrator is authorized to reserve each fiscal year 
not to exceed 2 per centum of the allotment made to each State under 
this section on or after October 1,1977, or $400,000 whichever amount 
is the greater. Sums so reserved shall be available for making grants to 
such State under paragraph (2) of this subsection for the same period 
as sums are available from such allotment under subsection (d) of 
this section, and any such grant shall be available for obligation only 
during such period. Any grant made from sums reserved under this 
subsection which has not been obligated by the end of the period for 
which available shall be added to the amount last allotted to such 
State under this section and shall be immediately available for obliga-
tion in the same manner and to the same extent as such last allotment. 
"(2) The Administrator is authorized to grant to any State from 
amounts reserved to such State under this subsection, the reasonable 
costs of administering any aspects of sections 201, 203, 204, and 212 
of this Act the responsibility for administration of which the Admin-
istrator has delegated to such State. The Administrator may increase 
such grant to take into account the reasonable costs of administering 
an approved program under section 402 or 404, administering a state-
wide waste treatment management planning program under section 
208(b)(4), and managing waste treatment construction grants for 
small communities.". 
(b) Section 101(b) of Federal Water Pollution Control Act is 
amended by inserting immediately after the first sentence the follow-
ing new sentence: "It is the policy of Congress that the States manage 
the construction grant program under this Act and implement the 
permit programs under sections 402 and 404 of this Act.". 
Reserved funds, 
grants. 
33 use 1285. 
33 use 1281, 
1283, 1284, 
1292. 
33 use 1342, 
1344. 
Post, p. 1577. 
Construction 
grant programs. 
33 use 1251. 
SET ASIDE FOR ALTERNATIVE SYSTEMS FOR SMALL, COMMUNITIES 
SEC. 27. Section 205 of Federal Water Pollution Control Act is 
amended by adding after new subsection (g) a new subsection as 
follows: 
"(h) The Administrator shall set aside from funds authorized for 
each fiscal year beginning on or after October 1,1978, four per centum 
of the sums allotted to any State with a rural population of 25 per 
centum or more of the total population of such State, as determined 
by the Bureau of the Census. The Administrator may set aside no more 
than four per centum of the sums allotted to any other State for which 
the Governor requests such action. Such sums shall be available only 
for alternatives to conventional sewage treatment works for munici-
palities having a population of three thousand five hundred or less, or 
for the highly dispersed sections of larger municipalities, as defined by 
the Administrator.". 
FUNDING 
SEC. 28. Section 205 of the Federal Water Pollution Control Act 
IS further amended by adding at the end thereof the following new 
subsection: 
Grant increases. 
91 STAT. 1576 
PUBLIC LAW 95-217—DEC. 27, 1977 
"(i) Not less than one-half of one per centum of funds allotted to 
a State for each of the fiscal years ending September 30,1979, Septem-
ber 30, 1980, and September 30, 1981, under subsection (a) of this 
section shall be expended only for increasing^ the Federal share of 
grants for construction of treatment works utilizing innovative proc-
esses and techniques from 75 per centum to 85 per centum pursuant to 
Ante, p. 1571. 
section 202(a) (2) of this Act. Including the expenditures authorized 
by the preceding sentence, a total of two per centum of the funds 
allotted to a State for each of the fiscal years ending September 30, 
1979, and September 30, 1980, and 3 per centum of the funds allotted 
to a State for the fiscal year ending September 30,1981, under subsec-
tion (a) of this section shall be expended only for increasing grants 
for construction of treatment works from 75 per centum to 85 per 
centum pursuant to section 202 (a) (2) of this Act.". 
33 use 1286. 
Applications, 
filing date. 
33 use 1286 
note. 
33 use 1251 
note. 
REIMBURSEMENT AND ADVANCED CONSTRUCTION 
SEC. 29. (a) Subsection (a) of section 206 of the Federal Water Pol-
lution Control Act is amended by striking out "July 1, 1972," and 
inserting in lieu thereof "July 1,1973,". 
(b) Notwithstanding section 206(c) of the Federal Water Pollu-
tion Control Act and section 2 of Public Law 93-207, in the case of 
publicly owned treatment works for which a grant was made under 
the Federal Water Pollution Control Act, as amended by the Water 
Pollution Control Act amendments of 1956 (Public Law 660, Slth 
Congress) before July 1,1972, and on which construction was initiated 
before July 1, 1973, applications for assistance under such section 206 
shall be filed not later than the ninetieth day after the date of enact-
ment of the Clean Water Act of 1977. 
CONSTRUCTION GRANT AUTHORIZATIONS 
33 use 1287. 
SEC. 30. Section 207 of the Federal Water Pollution Control Act 
is amended by striking out the period at the end thereof and inserting 
in lieu thereof a comma and the following: "and subject to such 
amounts as are provided in appropriation Acts, for the fiscal year 
ending September 30, 1977, $1,000,000,000 for the fiscal year ending 
September 30, 1978, $4,500,000,000 and for the fiscal years ending 
September 30, 1979, September 30, 1980, September 30, 1981, and 
September 30, 1982, not to exceed $5,000,000,000 per fiscal year.". 
Initial plans, 
certification and 
submittal. 
33 use 1288. 
Grants. 
AREA 
WIDE PLANNING 
SEC. 31. (a) Section 208(b) (1) of the Federal Water Pollution Con-
trol Act is amended by inserting "(A)" after "(b) (1)" and by adding 
at the end thereof the following new subparagraph: 
"(B) For any agency designated after 1975 under subsection (a) 
of this section and for all portions of a State for which the State is 
required to act as the planning agency in accordance with subsection 
(a)(6), the initial plan prepared in accordance with such process shall 
be certified by the Governor and submitted to the Administrator not 
later than three years after the receipt of the initial grant award 
authorized under subsection (f) of this section.". 
(b) Section 208(f) (2) of the Federal Water Pollution Control Act 
is amended to read as follows: 
"(2) For the two-year period beginning on the date the first grant 
is made under paragraph (1) of this subsection to an agency, if such 
first grant is made before October 1, 1977, the amount of each such 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1577 
grant to such agency shall be 100 per centum of the costs of developing 
and operating a continuing areawide waste treatment management 
planning process under subsection (b) of this section, and thereafter 
the amount granted to such agency shall not exceed 75 per centum of 
such costs in each succeeding one-year period. In the case of any other 
grant made to an agency under such paragraph (1) of this subsection, 
the amount of such grant shall not exceed 75 per centum of the costs of 
developing and operating a continuing areawide waste treatment man-
agement planning process in any year.". 
(c) The second sentence of section 208(f) (3) of the Federal Water 
Pollution Control Act is amended by striking out the period at the end 
thereof and inserting in lieu thereof a comma and the following: "sub-
ject to such amounts as are provided in appropriation Acts.". 
33 use 1288. 
AREAWroE WASTE TREATMENT 
MANAGEMENT 
SEC. 32. Section 208 (b) (2) (A) of the Federal Water Pollution Con-
trol Act is amended by inserting before the semicolon a comma and 
the following: "and an identification of open space and recreation 
opportunities that can be expected to result from improved water 
quality, including consideration of potential use of lands associated 
with treatment works and increased access to water-based recreation". 
IRRIGATION RETURN FLOWS 
SEC. 33. (a) Section 208(b)(2)(F) of the Federal Water Pollu-
tion Control Act is amended by adding after "sources of pollution, 
including" the following: "return flows from irrigated agriculture, 
and their cumulative effects " 
(b) Section 502(14) of the'Federal Water Pollution Control Act is 33 USC 1362. 
amended by adding at the end "thereof the following: "This term 
does not include return flows from irrigated agriculture.". 
(c) Section 402 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof a new subsection as follows: 
"(1) The Administrator shall not require a permit under this sec-
tion for discharges composed entirely of return flows from irrigated 
agriculture, nor shall the Administrator directly or indirectly, require 
any State to require such a permit.". 
Permit 
requirements. 
33 USC 1342. 
STATE BEST MANAGEMENT PRACTICES PROGRAM 
SEC. 34, (a) Paragraph (4) of subsection (b) of section 208 of the 
Federal Water Pollution Control Act is amended— 
(1) by inserting " ( A ) " immediately after " ( 4 ) " ; 
(2) by striking out "to the Administrator for application to 
all regions within such State." and inserting in lieu thereof "to 
the Administrator for approval for application to a class or cate-
gory of activity throughout such State."; and 
(3) by inserting at the end thereof the following new sub-
paragraphs : 
"(B) Any program submitted under subparagraph (A) of this 
paragraph which, in whole or in part, is to control the discharge or 
other placement of dredged or fill material into the navigable waters 
shall include the following: 
"(i) A consultation process which includes the State agency 
with primary jurisdiction over fish and wildlife resources. 
Dredged or fill 
material, 
placement. 
\'v- • ^ • ' = ^ ? ^ : ' ' , ^ . 
91 STAT. 1578 
PUBLIC LAW 95-217—DEC. 27, 1977 
33 
use 
1344. 
33 
use 
1317, 
1343. 
Statewide 
regulatory 
programs, permit 
requirements. 
Program 
approval 
withdrawal. 
U.S. Fish and 
Wildlife Service, 
technical 
assistance. 
33 u s e 1288. 
Appropriation 
authorization. 
"(ii) A process to identify and manage the discharge or other 
placement of dredged or fill material which adversely affects 
navigable waters, which shall complement and be coordinated with 
a State program under section 404 conducted pursuant to this Act. 
"(iii) A process to assure that any activity conducted pursuant 
to a best management practice will comply with the guidelines 
established under section 404(b) (1), and sections 307 and 403 of 
this Act. 
"(iv) A process to assure that any activity conducted pursuant 
to a best management practice can be terminated or modified for 
cause including, but not limited to, the following: 
"(I) violation of any condition of the best management 
practice; 
"(II) change in any activity that requires either a tem-
porary or permanent reduction or elimination of the dis-
charge pursuant to the best management practice, 
"(v) A process to assure continued coordination with Federal 
and Federal-State water-related planning and reviewing proc-
esses, including the National Wetlands Inventory. 
"(C) If the Governor of a State obtains approval from the Admin-
istrator of a statewide regulatory program which meets the require-
ments of subparagraph (B) of this paragraph and if such State is 
administering a permit program under section 404 of this Act, no per-
son shall be required to obtain an individual permit pursuant to such 
section, or to comply with a general permit issued pursuant to such 
section, with respect to any appropriate activity within such State 
for which a best management practice has been approved by the 
Administrator under the program approved by the Administrator pur-
suant to this paragraph. 
"(D) (i) Whenever the Administrator determines after public hear-
ing that a State is not administering a program approved under this 
section in accordance with the requirements of this section, the Admin-
istrator shall so notify the State, and if appropriate corrective action 
is not taken within a reasonable time, not to exceed ninety days, the 
Administrator shall withdraw approval of such program. The Admin-
istrator shall not withdraw approval of any such program unless he 
shall first have notified the State, and made public, in writing, the rea-
sons for such withdrawal. 
"(ii) In the case of a State with a program submitted and approved 
under this paragraph, the Administrator shall withdraw approval of 
such program under this subparagraph only for a substantial failure 
of the State to administer its program in accordance with the require-
ments of this paragraph.". 
(b) Section 208 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection : 
"(i) (1) The Secretary of the Interior, acting through the Director 
of the United States Fish and Wildlife Service, shall, upon request of 
the Governor of a State, and without reimbursement, provide technical 
assistance to such State in developing a statewide program for sub-
mission to the Administrator under subsection (b) (4) (B) of this sec-
tion and in implementing such program after its approval. 
"(2) There is authorized to be appropriated to the Secretary of the 
Interior $6,000,000 to complete the National Wetlands Inventory of 
the United States, by December 31, 1981, and to provide information 
from such Inventory to States as it becomes available to assist such 
States in the development and operation of programs under this Act.". 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1579 
AGRICULTURAL COST SHARING 
SEC. 35. Section 208 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(j) (1) The Secretary of Agriculture, with the concurrence of the 
Administrator, and acting through the Soil Conservation Service 
and such other agencies of the Department of Agriculture as the Sec-
retary may designate, is authorized and directed to establish and 
administer a program to enter into contracts, subject to such amounts 
as are provided in advance by appropriation acts, of not less than five 
years nor more than ten years with owners and operators having control 
of rural land for the purpose of installing and maintaining measures 
incorporating best management practices to control nonpoint source 
pollution for improved water quality in those States or areas for which 
the Administrator has approved a plan under subsection (b) of this 
section where the practices to which the contracts apply are certified 
by the management agency designated under subsection (c) (1) of this 
section to be consistent with such plans and will result in improved 
water quality. Such contracts may be entered into during the period 
ending not later than September 31, 1988. Under such contracts the 
land owner or operator shall agree— 
"(i) to effectuate a plan approved by a soil conservation dis-
trict, where one exists, under this section for his farm, ranch, or 
other land substantially in accordance with the schedule outlined 
therein unless any requirement thereof is waived or modified by 
the Secretary; 
"(ii) to forfeit all rights to further payments or grants under 
the contract and refund to the United States all payments and 
grants received thereunder, with interest, upon his violation of 
the contract at any stage during the time he has control of the 
land if the Secretary, after considering the recommendations of 
the soil conservation district, where one exists, and the Adminis-
trator, determines that such violation is of such a nature as to 
warrant termination of the contract, or to make refunds or accept 
such payment adjustments as the Secretary may deem appropri-
ate if he determines that the violation by the owner or operator 
does not warrant termination of the contract; 
" (iii) upon transfer of his right and interest in the farm, ranch, 
or other land during the contract period to forfeit all rights to 
further payments or grants under the contract and refund to the 
United States all payments or grants received thereunder, with 
interest, unless the transferee of any such land agrees with the 
Secretary to assume all obligations of the contract; 
"(iv) not to adopt any practice specified by the Secretary on 
the advice of the Administrator in the contract as a practice which 
would tend to defeat the purposes of the contract; 
"(v) to such additional provisions as the Secretary determines 
are desirable and includes in the contract to effectuate the pur-
poses of the program or to facilitate the practical administration 
of the program. 
"(2) In return for such agreement by the landowner or operator the 
Secretary shall agree to provide technical assistance and share the cost 
of carrying out those conservation practices and measures set forth 
in the contract for which he determines that cost sharing is appro-
priate and in the public interest and which are approved for cost shar-
Contracts 
program, 
establishment 
and 
administration. 
33 use 1288. 
Contract terms. 
Technical and 
financial 
assistance. 
91 STAT. 1580 
PUBLIC LAW 95-217—DEC. 27, 1977 
Contract 
termination. 
Administration 
agreements 
reports and costs. 
Regulations. 
Post, p. 1588. 
16 u s e 1001 
note. 
Appropriation 
authorization. 
ing by the agency designated to implement the plan developed under 
subsection (b) of this section. The portion of such cost (including 
labor) to be shared shall be that part which the Secretary determines 
is necessary and appropriate to effectuate the installation of the water 
quality management practices and measures under the contract, but 
not to exceed 50 per centum of the total cost of the measures set forth 
in the contract; except the Secretary may increase the matching cost 
share where he determines that (1) the main benefits to be derived 
from the measures are related to improving off 
site water quality, and 
(2) the matching share requirement would place a burden on the land-
owner which would probably prevent him from participating in the 
program. 
"(3) The Secretary may terminate any contract with a landowner 
or operator by mutual agreement with the owner or operator if the 
Secretary determines that such termination would be in the public 
interest, and may agree to such modification of contracts previously 
entered into as he may determine to be desirable to carry out the pur-
poses of the program or facilitate the practical administration thereof 
or to accomplish equitable treatment with respect to other conserva-
tion, land use, or water quality programs. 
"(4) In providing assistance under this subsection the Secretary 
will give priority to those areas and sources that have the most sig-
nificant effect upon water quality. Additional investigations or plans 
may be made, where necessary, to supplement approved water quality 
management plans, in order to determine priorities. 
"(5) The Secretary shall, where practicable, enter into agreements 
w^ith soil conservation districts, State soil and water conservation agen-
cies, or State water quality agencies to administer all or part of the 
program established in this subsection under regulations developed 
by the Secretary. Such agreements shall provide for the submission 
of such reports as the Secretary deems necessary, and for payment by 
the United States of such portion of the costs incurred in the adminis-
tration of the program as the Secretary may deem appropriate. 
"(6) The contracts under this subsection shall be entered into only 
in areas where the management agency designated under subsection 
(c) (1) of this section assures an adequate level of participation by 
owners and operators having control of rural land in such areas. 
Within such areas the local soil conservation district, where one exists, 
together with the Secretary of Agriculture, will determine the prior-
ity of assistance among individual land owners and operators to 
assure that the most critical water quality problems are addressed. 
"(7) The Secretary, in consultation with the Administrator and 
subject to section 304(k) of this Act, shall, not later than September 
30, 1978, promulgate regulations for carrying out this subsection and 
for support and cooperation with other Federal and non-Federal 
agencies for implementation of this subsection. 
" (8) This program shall not be used to authorize or finance projects 
that would otherwise be eligible for assistance under the terms of Pub-
lic Law 83-566. 
"(9) There are hereby authorized to be appropriated to the Secre-
tary of Agriculture $200,000,000 for fiscal year 1979 and $400,000,000 
for fiscal year 1980, to carry out this subsection. The program author-
ized under this subsection shall be in addition to, and not in substitu-
tion of, other programs in such area authorized by this or any other 
public law.". 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1581 
GRANT ELIGIBLE CATEGORIES 
SEC. 36. Section 211 of the Federal Water Pollution Control Act is 13 USC 1291. 
amended by inserting "(a)" immediately after "SEC. 211." and by 
adding at the end thereof the following new subsections: 
"(b) If the Administrator uses population density as a test for 
determining the eligibility of a collector sewer for assistance it shall 
be only for the purpose of evaluating alternatives and determining the 
needs for such system in relation to ground or surface water quality 
impact. 
"(c) No grant shall be made under this title from funds authorized Limitation, 
for any fiscal year during the period beginning October 1, 1977, and 
^ 
ending September 30, 1982, for treatment works for control of pollu-
tant discharges from separate storm sewer systems.". 
WASTEWATER STORAGE 
SEC. 37. Section 212(2) (A) of the Federal Water Pollution Control 33 USC 1292. 
Act is amended by inserting "(including land used for the storage of 
treated wastewater in land treatment systems prior to land applica-
tion)" after the word "process". 
PUBLIC INFORMATION PROGRAM 
SEC. 38. Title II of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new section: 
PUBLIC INFORMATION 
"SEC. 214. The Administrator shall develop and operate within one 33 USC 1294. 
year of the date of enactment of this section, a continuing program 
of public information and education on recycling and reuse of waste-
water (including sludge), the use of land treatment, and methods for 
the reduction of wastewater volume.". 
BUY AMERICAN 
ii^*^' Vii] fci 
SEC. 39. Title II of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new section: 
"REQUIREMENTS FOR AMERICAN MATERIALS 
"SEC. 215. Notwithstanding any other provision of law, no grant for 33 USC 1295. 
which application is made after February 1,1978, shall be made under 
this title for any treatment works unless only such unmanufactured 
articles, materials, and supplies as have been mined or produced in the 
United States, and only such manufactured articles, materials, and 
supplies as have been manufactured in the United States, substantially 
all from articles, materials, or supplies mined, produced, or manu-
factured, as the case may be, in the United States will be used in such 
treatment works. This section shall not apply in any case where the 
Administrator determines, based upon those factors the Administra-
tor deems relevant, including the available resources of the agency, it 
to be inconsistent with the public interest (including multilateral 
government procurement agreements) or the cost to be unreasonable, 
or if articles, materials, or supplies of the class or kind to be used or 
the articles, materials, or supplies from which they are manufactured 
are not mined, produced, or manufactured, as the case may be, in the 
91 STAT. 1582 
PUBLIC LAW 95-217—DEC. 27, 1977 
United States in sufficient and reasonably available commercial quan-
tities and of a satisfactory quality.". 
DETERMINATION OF PRIORITY 
SEC. 40. Title I I of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new section: 
"DETERMINATION 
OF PRIORITY 
Project category 
"SEC. 216. Notwithstanding any other provision of this Act, the 
hearing. 
determination of the priority to be given each category of projects for 
33 use 1296. 
construction of publicly owned treatment works within each State 
shall be made solely by that State, except that if the Administrator, 
after a public hearing, determines that a specific project will not result 
in compliance with the enforceable requirements of this Act, such 
project shall be removed from the State's priority list and such State 
shall submit a revised priority list. These categories shall include, but 
not be limited to (A) secondary treatment, (B) more stringent treat-
ment, (C) infiltration-in-flow correction, (D) major sewer system 
rehabilitation, (E) new collector sewers and appurtenances, (F) new 
interceptors and appurtenances, and (G) correction of combined sewer 
overflows. Not less than 25 per centum of funds allocated to a State 
in any fiscal year under this title for construction of publicly owned 
treatment works in such State shall be obligated for those types of 
projects referred to in clauses (D), ( E ) , ( F ) , and (G) of this section, 
if such projects are on such State's priority list for that year and are 
otherwise eligible for funding in that fiscal year.". 
COST-EFFECTIVENESS 
GUIDELINES 
SEC. 41. Title I I of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new section: 
"COST-EFFECTIVENESS 
GUIDELINES 
33 use 1297. 
"SEC. 217. Any guidelines for cost-effectiveness analysis published by 
the Administrator under this title shall provide for the identification 
and selection of cost effective alternatives to comply with the objective 
and goals of this Act and sections 201 (b), 201 (d), 201 (g) (2) (A), and 
33 use 1251 
301(b) (2) (B) of this Act.". 
note, 1281, 
1^11- 
TIME LIMITATIONS 
SEC. 42. (a) Paragraph (2) of subsection (b) of section 301 of the 
Federal Water Pollution Control Act is amended— 
(1) in subparagraph (A), by striking out "; and" and insert-
ing in lieu thereof a semicolon; 
(2) in subparagraph (B), by striking out the period and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following new subpara-
graphs : 
"(C) not later than July 1,1984, with respect to all toxic pollu-
tants referred to in table 1 of Committee Print Numbered 95-30 
of the Committee on Public Worlds and Transportation of the 
House of Representatives compliance with effluent limitations in 
accordance with subparagraph (A) of this paragraph; 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1583 
Post, p. 1587. 
33 use 1311. 
"(D) for all toxic pollutants listed under paragraph (1) of 
subsection (a) of section 307 of this Act which are not referred to Post, p. 1589. 
in subparagraph (C) of this paragraph compliance with effluent 
limitations in accordance with subparagraph (A) of this para-
graph not later than three years after the date such limitations are 
established; 
"(E) not later than July 1, 1984, effluent limitations for cate-
gories and classes of point sources, other than publicly owned 
treatment works, which in the case of pollutants identified pur-
suant to section 304(a) (4) of this Act shall require application 
of the best conventional pollutant control technology as deter-
mined in accordance with regulations issued by the Administrator 
pursuant to section 304(b) (4) of this Act; and 
"(F) for all pollutants (other than those subject to subpara-
graphs (C), (D), or (E) of this paragraph) compliance with 
effluent limitations in accordance with subparagraph (A) of this 
paragraph not later than 3 years after the date such limitations 
are established, or not later than July 1, 1984, whichever is later, 
but in no case later than July 1,1987.". 
(b) Paragraph (2) (A) of section 301(b) of the Federal Water 
Pollution Control Act is amended by striking out "not later than 
July 1, 1983," and inserting in lieu thereof "for pollutants identified 
in subparagraphs (C), (D), and (F) of this paragraph,". 
WAIVER FOR CERTAIN 
POLLUTANTS 
SEC. 43. Section 301 of the Federal Water Pollution Control Act is Modifications, 
amended by adding at the end thereof the following new subsection: 
" (g) (1) The Administrator, with the concurr-ence of the State, shall 
modify the requirements of subsection (b) (2) (A) of this section with 
respect to the discharge of any pollutant (other than pollutants iden-
tified pursuant to section 304(a) (4) of this Act, toxic pollutants sub-
ject to section 307(a) of this Act, and the thermal component of 
discharges) from any point source upon a showing by the owner or 
operator of such point source satisfactory to the Administrator that— 
"(A) such modified requirements will result at a minimum in 
compliance with the requirements of subsection (b) (1) (A) or 
(C) of this section, whichever is applicable; 
"(B) such modified requirements will not result in any addi-
tional requirements on any other point or nonpoint source; and 
"(C) such modification will not interfere with the attainment 
or maintenance of that water quality which shall assure protec-
tion of public water supplies, and the protection and propagation 
of a balanced population of shellfish, fish, and wildlife, and allow 
recreational activities, in and on the water and such modification 
will not result in the discharge of pollutants in quantities which 
may reasonably be anticipated to pose an unacceptable risk to 
human health or the environment because of bioaccumulation, 
persistency in the environment, acute toxicity, chronic toxicity 
(including carcinogenicity, mutagenicity or teratogenicity), or 
synergistic propensities. 
" (2) If an owner or operator of a point source applies for a modifi- Application, 
cation under this subsection with respect to the discharge of any eligibility, 
pollutant, such owner or operator shall be eligible to apply for 
modification under subsection (c) of this section with respect to such 
pollutant only durinpr the same time period as he is eligible to apply 
for a modification under this subsection.". 
91 STAT. 1584 
PUBLIC LAW 95-217—DEC. 27, 1977 
33 use 1311. 
33 use 1342. 
Post, p. 1587. 
33 use 1281. 
33 use 1281. 
"The discharge of 
any pollutant into 
marine waters." 
33 use 1251. 
MODIFICATION OF SECONDARY TREATMENT REQUIREMENT 
SEC. 44. Section 301 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(h) The Administrator, with the concurrence of the State, may 
issue a permit under section 402 which modifies the requirements of 
subsection ( b ) ( 1 ) ( B ) of this section with respect to the discharge of 
any pollutant in an existing discharge from a publicly owned treat-
ment works into marine waters, if the applicant demonstrates to the 
satisfaction of the Administrator that— 
"(1) there is an applicable water quality standard specific to 
the pollutant for which the modification is requested, which has 
been identified under section 304(a) (6) of this Act; 
"(2) such modified requirements will not interfere with the 
attainment or maintenance of that water quality which assures 
protection of public water supplies and the protection and propa-
gation of a balanced, indigenous population of shellfish, fish and 
wildlife, and allows recreational activities, in and on the water; 
"(3) the applicant has established a system for monitoring the 
impact of such discharge on a representative sample of aquatic 
biota, to the extent practicable; 
"(4) such modified requirements will not result in any addi-
tional requirements on any other point or nonpoint source; 
"(5) all applicable pretreatment requirements for sources intro-
ducing waste into such treatment works will be enforced; 
"(6) to the extent practicable, the applicant has established a 
schedule of activities designed to eliminate the entrance of toxic 
pollutants from nonindustrial sources into such treatment works; 
"(7) there will be no new or substantially increased discharges 
from the point source of the pollutant to which the modification 
applies above that volume of discharge specified in the permit; 
"(8) any funds available to the owner of such treatment works 
under title I I of this Act will be used to achieve the degree of 
effluent reduction required by section 201(b) and (g) (2) (A) or 
to carry out the requirements of this subsection. 
For the purposes of this subsection the phrase 'the discharge of any 
pollutant into marine waters' refers to a discharge into deep waters 
of the territorial sea or the waters of the contiguous zone, or into 
saline estuarine waters where there is strong tidal movement and other 
hydrological and geological characteristics which the Administrator 
determines necessary to allow compliance with paragraph (2) of this 
subsection, and section 101 (a) (2) of this Act,". 
Request, terms 
and conditions, 
filing. 
Supra. 
MUNICIPAL TIME EXTENSIONS 
SEC. 45. Section 301 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(i) (1) Where construction is required in order for a planned or 
existing publicly owned treatment works to achieve limitations under 
subsection ( b ) ( 1 ) ( B ) or (b)(1)(C) of this section, but (A) construc-
tion cannot be completed within the time required in such subsection, 
or (B) the United States has failed to make financial assistance under 
this Act available in time to achieve such limitations by the time speci-
fied in such subsection, the owner or operator of such treatment works 
may request the Administrator (or if appropriate the State) to issue a 
permit pursuant to section 402 of this Act or to modify a permit issued 
pursuant to that section to extend such time for compliance. Any such 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1585 
request shall be filed with the Administrator (or if appropriate the 
State) within 180 days after the date of enactment of this subsection. 
The Administrator (or if appropriate the State) may grant such 
request and issue or modify such a permit, which shall contain a 
schedule of compliance for the publicly owned treatment works based 
on the earliest date by which such financial assistance will be available 
from the United States and construction can be completed, but in no 
event later than July 1, 1983, and shall contain such other terms and 
conditions, including those necessary to carry out subsections (b) 
through (g) of section 201 of this Act, section 307 of this Act, and 33 USC 1281. 
such interim effluent limitations applicable to that treatment works 33 USC 1317. 
as the Administrator determines are necessary to carry out the pro-
visions of this Act. 
33 USC 1251 
"(2) (A) Where a point source (other than a publicly owned treat- note, 
ment works) will not achieve the requirements of subsections (b) (1) 
(A) and (b) (1) (C) of this section and— 
"(i) if a permit issued prior to July 1, 1977, to such point 
source is based upon a discharge into a publicly owned treatment 
works; or 
"(ii) if such point source (other than a publicly owned treat-
ment works) had before July 1, 1977, a contract (enforceable 
against such point source) to discharge into a publicly owned 
treatment works; or 
"(iii) if either an application made before July 1, 1977, for a 
construction grant under this Act for a publicly owned treatment 
works, or engineering or architectural plans or working drawings 
made before July 1, 1977, for a publicly owned treatment works, 
show that such point source was to discharge into such publicly 
owned treatment works, 
and such publicly owned treatment works is presently unable to accept 
such discharge without construction, and in the case of a discharge to 
an existing publicly owned treatment works, such treatment works has 
an extension pursuant to paragraph (1) of this subsection, the owner 
or operator of such point source may request the Administrator (or if 
appropriate the State) to issue or modify such a permit pursuant to 
such section 402 to extend such time for compliance. Any such request 33 USC 1342. 
shall be filed with the Administrator (or if appropriate the State) 
within 180 days after the date of enactment of this subsection or the 
filing of a request by the appropriate publicly owned treatment works 
under paragraph (1) of this subsection, whichever is later. If the 
Administrator (or if appropriate the State) finds that the owner or 
operator of such point source has acted in good faith, he may grant 
such request and issue or modify such a permit, which shall contain a 
schedule of compliance for the point source to achieve the requirements 
of subsections (b) (1) (A) and (C) of this section and shall contain 
such other terms and conditions, including pretreatment and interim 
effluent limitations and water conservation requirements applicable to 
that point source, as the Administrator determines are necessary to 
carry out the provisions of this Act. 
"(B) No time modification granted by the Administrator (or if Limitations, 
appropriate the State) pursuant to paragraph (2) (A) of this subsec-
tion shall extend beyond the earliest date practicable for compliance or 
beyond the date of any extension granted to the appropriate publicly 
owned treatment works pursuant to paragraph (1) of this subsection, 
but in no event shall it extend beyond July 1, 1983; and no such time 
modification shall be granted unless (i) the publicly owned treatment 
works will be in operation and available to the point source before 
91 STAT. 1586 
PUBLIC LAW 95-217—DEC. 27, 1977 
33 use 1284. 
33 use 1317. 
Applications 
conditions. 
Ante, p. 1584. 
33 u s e 1314. 
eompliance date 
extension. 
Supra. 
July 1, 1983, and will meet the requirements of subsections (b) (1) 
(B) and (C) of this section after receiving the discharge from that 
point source; and (ii) the point source and the publicly owned treat-
ment works have entered into an enforceable contract requiring the 
point source to discharge into the publicly owned treatment works, the 
owner or operator of such point source to pay the costs required under 
section 204 of this Act, and the publicly owned treatment works to 
accept the discharge from the point source; and (iii) the permit for 
such point source requires that point source to meet all requirements 
under section 307 (a) and (b) during the period of such time modifi-
cation.". 
PROCEDURE FOR MODIFICATIONS 
SEC. 46. Section 301 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(j) (1) Any application filed under this section for a modification 
of the provisions of— 
"(A) subsection (b)(1)(B) under subsection (h) of this sec-
tion shall be filed not later than 270 days after the date of enact-
ment of the Clean Water Act of 1977; 
"(B) subsection (b)(2)(A) as it applies to pollutants identified 
in subsection (b) (2) (F) shall be filed not later than 270 days 
after the date of promulgation of an applicable effluent guideline 
under section 304 or not later than 270 days after the date of 
enactment of the Clean Water Act of 1977, whichever is later. 
"(2) Any application for a modification filed under subsection (g) 
of this section shall not operate to stay any requirement under this 
Act, unless in the judgment of the Administrator such a stay or the 
modification sought will not result in the discharge of pollutants in 
quantities which may reasonably be anticipated to pose an unaccept-
able risk to human health or the environment because of bioaccumula-
tion, persistency in the environment, acute toxicity, chronic toxicity 
(including carcinogenicity, mutagenicity, or teratogenicity), or 
synergistic propensities, and that there is a substantial likelihood that 
the applicant will succeed on the merits of such application. In the 
case of an application filed under subsection (g) of this section, the 
Administrator may condition any stay granted under this paragraph 
on requiring the filing of a bond or other appropriate security to 
assure timely compliance with the requirements from which a modi-
fication is sought.". 
INNOVATIVE TECHNOLOGY 
SEC. 47. Section 301 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof a new subsection as follows: 
" (k) In the case of any facility subject to a permit under section 402 
which proposes to comply with the requirements of subsection (b) (2) 
(A) of this section by replacing existing production capacity with an 
innovative production process which will result in an effluent reduction 
significantly greater than that required by the limitation otherwise 
applicable to such facility and moves toward the national goal of elim-
inating the discharge of all pollutants, or with the installation of an 
innovative control technique that has a substantial likelihood for 
enabling the facility to comply with the applicable effluent limitation 
by achieving a significantly greater effluent reduction than that 
required by the applicable effluent limitation and moves toward the 
national goal of eliminating the discharge of all pollutants, or by 
achieving the required reduction with an innovative system that has 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1587 
the potential for significantly lower costs than the systems which have 
been determined by the Administrator to be economically achievable, 
the Administrator (or the State with an approved program under 
section 402, in consultation with the Administrator) may establish a 
date for compliance under subsection (b)(2)(A) of this section no 
later than July 1, 1987, if it is also determined that such innovative 
system has the potential for industrywide application.". 
INFORMATION AND GUIDELINES 
SEC. 48. (a) Section 304(a) of the Federal Water Pollution Control 
Act is amended by adding at the end thereof the following new 
paragraphs: 
"(4) The Adnynistrator shall, within 90 days after the date of 
enactment of the Clean Water Act of 1977 and froin time to time 
thereafter, publish and revise as appropriate information identifying 
conventional pollutants, including but not limited to, pollutants 
classified as biological oxygen demanding, suspended solids, fecal 
coliform, and pH. The thermal component of any discharge shall not 
be identified as a conventional pollutant under this paragraph. 
"(5) (A) The Administrator, to the extent practicable before con-
sideration of any request under section 301(g) of this Act and within 
six months after the date of enactment of the Clean Water Act of 
1977, shall develop and publish information on the factors necessary 
for the protection of public water supplies, and the protection and 
propagation of a balanced population of shellfish, fish and wildlife, 
and to allow recreational activities, in and on the water. 
"(B) The Administrator, to the extent practicable before considera-
tion of any application under section 301(h) of this Act and within 
six months after the date of enactment of the Clean Water Act of 
1977, shall develop and publish information on the factors necessary 
for the protection of public water supplies, and the protection and 
propagation of a balanced indigenous population of shellfish, fish and 
wildlife, and to allow recreational activities, in and on the water. 
"(6) The Administrator shall, w^ithin three months after enactment 
of the Clean Water Act of 1977 and annually thereafter, for purposes 
of section 301(h) of this Act publish and revise as appropriate infor-
mation identifying each water quality standard in effect under this 
Act or State law, the specific pollutants associated with such water 
quality standard, and the particular waters to which such water qual-
ity standard applies.". 
(b) Section 304(b) of the Federal Water Pollution Control Act is 
amended— 
(1) in paragraph (2) (B), by striking out"; and" and inserting 
in lieu thereof a semicolon; 
(2) in paragraph (3), by striking out the period at the end 
thereof and inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new paragraph: 
"(4) (A) identify, in terms of amounts of constituents and 
chemical, physical, and biological characteristics of pollutants, 
the degree of effluent reduction attainable through the applica-
tion of the best conventional pollutant control technology 
(including measures and practices) for classes and categories of 
point sources (other than publicly owned treatment works); and 
"(B) specify factors to be taken into account in determining 
the best conventional pollutant control technology measures and 
practices to comply with section 301(b) (2) (E) of this Act to be 
33 use 1314. 
Conventional 
pollutants, 
publication and 
revision. 
Public water 
supplies. 
Ante, p. 1583. 
Ante, p. 1584. 
Ante, p. 1582. 
91 STAT. 1588 
PUBLIC LAW 95-217—DEC. 27, 1977 
Cost analysis. 
applicable to any point source (other than publicly owned treat-
ment works) within such categories or classes. Factors relating 
to the assessment of best conventional pollutant control tech-
nology (including measures and practices) shall include consid-
eration of the reasonableness of the relationship between the costs 
of attaining a reduction in effluents and the effluent reduction 
benefits derived, and the comparison of the cost and level of reduc-
tion of such pollutants from the discharge from publicly owned 
treatment works to the cost and level of reduction of such pol-
lutants from a class or category of industrial sources, and shall 
take into account the age of equipment and facilities involved, 
the process employed, the engineering aspects of the application 
of various types of control techniques, process changes, non-water 
quality environmental impact (including energy requirements), 
and such other factors as the Administrator deems appropriate.". 
IDENTinCATION" AND EVALUATION GUmELINES 
Consultation. 
SEC. 49. Subsection (d) of section 304 of the Federal Water Pollution 
33 use 1314. 
Control Act is amended by adding at the end thereof the following 
new paragraph: 
"(3) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, shall promulgate 
within one hundred and eighty days after the date of enactment of 
this subsection guidelines for identifying and evaluating innovative 
and alternative wastewater treatment processes and techniques referred 
Ante, p. 1569. 
to in section 201 (g) (5) of this Act.". 
33 use 1314. 
Regulations. 
Post, 
p. 
1589. 
33 
use 1321. 
33 
use 1311, 
1312, 1316, 
1317, 1343. 
33 
use 1342. 
Supra. 
BEST MANAGEMENT PRACTICES FOR INDUSTRY 
SEC. 50. Section 304 of the Federal Water Pollution Control Act is 
amended by inserting^ immediately after subsection (d) the following 
new subsection and by redesignating succeeding subsections, including 
references thereto, accordingly : 
"(e) 
The Administrator, after 
consultation with 
appropriate 
Federal and State agencies and other interested persons, may publish 
regulations, supplemental to any effluent limitations specified under 
subsections (b) and (c) of this section for a class or category of point 
sources, for any specific pollutant which the Administrator is charged 
with a duty to regulate as a toxic or hazardous pollutant under sec-
tion 307(a) (1) or 311 of this Act, to control plant site runoff, spillage 
or leaks, sludge or waste disposal, and drainage from raw material 
storage which the Administrator determines are associated with or 
ancillary to the industrial manufacturing or treatment process within 
such class or category of point sources and may contribute significant 
amounts of such pollutants to navigable waters. Any applicable con-
trols established under this subsection shall be included as a require-
ment for the purposes of section 301, 302, 306, 307, or 403, as the case 
may be, in any permit issued to a point source pursuant to section 402 
of this Act.". 
I N T E R A G E N C Y AGREEMENTS 
SEC. 51. Section 304 (k) of the Federal Water Pollution Control Act 
as redesignated by this Act is amended to read as follows: 
" ( k ) ( l ) The Administrator shall enter into agreements with the 
Secretary of Agriculture, the Secretary of the Army, and the Secre-
tary of the Interior, and the heads of such other departments, agencies, 
and instrumentalities of the United States as the Administrator deter-
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1589 
mines, to provide for the maximum utilization of other Federal laws 
and programs for the purpose of achieving and maintaining water 
quality through appropriate implementation of plans approved under 
section 208 of this Act. 
"(2) The Administrator is authorized to transfer to the Secretary 
of Agriculture, the Secretary of the Army, and the Secretary of the 
Interior and the heads of such other departments, agencies, and instru-
mentalities of the United States as the Administrator determines, any 
funds appropriated under paragraph (3) of this subsection to supple-
ment funds otherwise appropriated to programs authorized pursuant 
to any agreement under paragraph (1). 
"(3) There is authorized to be appropriated to carry out the provi-
sions of this subsection, $100,000,000 per fiscal year for the fiscal years 
1979 through 1983.". 
STATE REPORTS 
SEC. 52. Subsection (b) of section 305 of the Federal Water Pollution 
Control Act is amended— 
(1) by striking out "January 1,1975, and shall bring up to date 
each year thereafter," in paragraph (1) and inserting in lieu 
thereof "April 1,1975, and shall bring up to date by April 1,1976, 
and biennially thereafter,"; and 
(2) by striking out "annually" in paragraph (2) and inserting 
in lieu thereof the following: "October 1, 1976, and biennially". 
33 use 208. 
Funds, transfer. 
Appropriation 
authorization. 
33 use 1315. 
TOXIC POLLUTANTS 
SEC. 53. (a) Paragraphs (1), (2), and (3) of section 307(a) of the 
Federal Water Pollution Control Act are amended to read as follows: 
"(a) (1) On and after the date of enactment of the Clean Water Act 
of 1977, the list of toxic pollutants or combination of pollutants sub-
ject to this Act shall consist of those toxic pollutants listed in table 1 
of Committee Print Numbered 95-30 of the Committee on Public 
Works and Transportation of the House of Representatives, and the 
Administrator shall publish, not later than the thirtieth day after the 
date of enactment of the Clean Water Act of 1977, that list. From time 
to time thereafter, the Administrator may revise such list and the 
Administrator is authorized to add to or remove from such list any 
pollutant. The Administrator in publishing any revised list, including 
the addition or removal of any pollutant from such list, shall take into 
account toxicity of the pollutant, its persistence, degradability, the 
usual or potential presence of the affected organisms in any waters, the 
importance of the affected organisms, and the nature and extent of the 
effect of the toxic pollutant on such organisms. A determination of the 
Administrator under this paragraph shall be final except that if, on 
judicial review, such determination was based on arbitrary and capri-
cious action of the Administrator, the Administrator shall make a 
redetermination. 
"(2) Each toxic pollutant listed in accordance with paragraph (1) 
of this subsection shall be subject to effluent limitations resulting from 
the application of the best available technology economically achiev-
able for the applicable category or class of point sources established in 
accordance with sections 301(b)(2)(A) and 304(b)(2) of this Act. 
The Administrator, in his discretion, may publish in the Federal 
Register a proposed effluent standard (which may include a prohibi-
tion) establishing requirements for a toxic pollutant which, if an 
effluent limitation is applicable to a class or category of point sources, 
Effluent 
standards list, 
publication and 
revision. 
33 u s e 1317. 
Redetermination. 
Ante, pp. 1583, 
1587. 
Standards 
promulgation, 
publication in 
Federal Register. 
91 STAT. 1590 
PUBLIC LAW 95-217—DEC. 27, 1977 
Comments and 
public hearing. 
Revised 
standard. 
Ante, pp. 1583, 
1587. 
Standards review. 
Effective date. 
33 use 1317. 
Modification 
prohibition. 
33 use 1311. 
shall be applicable to such category or class only if such standard 
imposes more stringent requirements. Such published effluent standard 
(or prohibition) shall take into account the toxicity of the pollutant, 
its persistence, degradability, the usual or potential presence of the 
affected organisms in any waters, the importance of the affected orga-
nisms and the nature and extent of the effect of the toxic pollutant on 
such organisms, and the extent to which effective control is being or 
may be achieved under other regulatory authority. The Adminis-
trator shall allow a period of not less than sixty days following pub-
lication of any such proposed effluent standard (or prohibition) for 
written comment by interested persons on such proposed standard. 
In addition, if withm thirty days of publication of any such proposed 
effluent standard (or prohibition) any interested person so requests, 
the Administrator shall hold a public hearing in connection therewith. 
Such a public hearing shall provide an opportunity for oral and writ-
ten presentations, such cross-examination as the Administrator deter-
mines is appropriate on disputed issues of material fact, and the tran-
scription of a verbatim record which shall be available to the public. 
After consideration of such comments and any information and mate-
rial presented at any public hearing held on such proposed standard or 
prohibition, the Administrator shall promulgate such standard (or 
prohibition) with such modification as the Administrator finds are 
justified. Such promulgation by the Administrator shall be made 
within two hundred and seventy days after publication of proposed 
standard (or prohibition). Such standard (or prohibition) shall be 
final except that if, on judicial review, such standard was not based on 
substantial evidence, the Administrator shall promulgate a revised 
standard. Effluent limitations shall be established in accordance with 
sections 301(b)(2)(A) and 304(b)(2) for every toxic pollutant 
referred to in table 1 of Committee Print Numbered 95-30 of the Com-
mittee on Public Works and Transportation of the House of Represent-
atives as soon as practicable after the date of enactment of the Clean 
Water Act of 1977, but no later than July 1,1980. Such effluent limita-
tions or effluent standards (or prohibitions) shall be established for 
every other toxic pollutant listed under paragraph (1) of this subsec-
tion as soon as practicable after it is so listed. 
"(3) Each such effluent standard (or prohibition) shall be reviewed 
and, if appropriate, revised at least every three years.". 
(b) Paragraph (6) of section 307(a) of the Federal Water Pollu-
tion Control Act is amended to read as follows: 
"(6) Any effluent standard (or prohibition) established pursuant to 
this section shall take effect on such date or dates as specified in the 
order promulgating such standard, but in no case, more than one year 
from the date of such promulgation. If the Administrator determines 
that compliance within one year from the date of promulgation is 
technologically infeasible for a category of sources, the Administrator 
may establish the effective date of the effluent standard (or prohibi-
tion) for such category at the earliest date upon which compliance 
can be feasibly attained by sources within such category, but in no 
event more than three years after the date of such promulgation.". 
(c) Section 301 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(1) The Administrator may not modify any requirement of this 
section as it applies to any specific pollutant which is on the toxic pol-
lutant list under section 307(a) (1) of this Act.". 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1591 
PRETREATMENT 
SEC. 54. (a) Section 307(b)(1) of the Federal Water Pollution 
Control Act is amended by adding at the end thereof the following 
new sentence: "If, in the case of any toxic pollutant under subsection 
(a) of this section introduced by a source into a publicly owned 
treatment works, the treatment by such works removes all or any part 
of such toxic pollutant and the discharge from such works does not 
violate that effluent limitation or standard which would be applicable 
to such toxic pollutant if it were discharged by such source other than 
through a publicly owned treatment works, and does not prevent sludge 
use or disposal by sucli works in accordance with section 405 of this 
Act, then the pretreatment requirements for the sources actually 
discharging such toxic pollutant into such publicly owned treatment 
works may be revised by the owner or operator of such works to reflect 
the removal of such toxic pollutant by such works.". 
(b) Section 309 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(f) Whenever, on the basis of any information available to him, 
the Administrator finds that an owner or operator of any source is 
introducing a pollutant into a treatment works in violation of sub-
section (d) of section 307, the Administrator may notify the owner 
or operator of such treatment works and the State of such violation. 
If the owner or operator of the treatment works does not commence 
appropriate enforcement action within 30 days of the date of such 
notification, the Administrator may commence a civil action for appro-
priate relief, including but not limited to, a permanent or temporary 
injunction, against the owner or operator of such treatment works. 
In any such civil action the Administrator shall join the owner or 
operator of such source as a party to the action. Such action shall be 
brought in the district court of the United States in the district in 
which the treatment works is located. Such court shall have juris-
diction to restrain such violation and to require the owner or operator 
of the treatment works and the owner or operator of the source to take 
such action as may be necessary to come into compliance with this Act. 
Notice of commencement of any such action shall be given to the State. 
Nothing in this subsection shall be construed to limit or prohibit any 
other authority the Administrator may have under this Act.". 
(c) (1) Section 402(b) (8) of the Federal Water Pollution Control 
Act is amended by inserting after "includes conditions to require" the 
following: "the identification in terms of character and volume of 
pollutants of any significant source introducing pollutants subject to 
pretreatment standards under section 307(b) of this Act into such 
works and a program to assure compliance with such pretreatment 
standards by each such source, in addition to". 
(2) Any State permit program approved under section 402 of the 
Federal Water Pollution Control Act before the date of enactment 
of the Clean Water Act of 1977, which requires modification to con-
form to the amendment made by paragraph (1) of this subsection, 
shall not be required to be modified before the end of the one year 
period which begins on the date of enactment of the Clean Water 
act of 1977 unless in order to make the required modification a State 
must amend or enact a law in which case such modification shall not be 
required for such State before the end of the two year period which 
begins on such date of enactment. 
(d) Section 405 of the Federal Water Pollution Control Act is 
amended (1) by striking out in subsection (b) thereof "subject to 
Requirement 
revision. 
33 use 1317. 
Infra. 
Enforcement, 
notification. 
Judicial relief. 
33 use 1319. 
State permit 
programs. 
33 use 1342. 
Modifications. 
33 use 1342 
note. 
Sewage sludge 
disposal. 
33 use 1345. 
91 STAT. 1592 
PUBLIC LAW 95-217—DEC. 27, 1977 
Regulations, 
consultation and 
publication. 
Revision. 
this section" and inserting in lieu thereof "subject to subsection (a) 
of this section", (2) by striking out in subsection (c) thereof "sewage 
sludge" and inserting in lieu thereof "sewage sludge subject to sub-
section (a) of this section", and (3) by adding at the end thereof the 
following new subsections: 
"(d) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, shall develop 
and publish, within one year after the date of enactment of this sub-
section and from time to time thereafter, regulations providing guide-
lines for the disposal of sludge and the utilization of sludge for various 
purposes. Such regulations shall— 
"(1) identify uses for sludge, including disposal; 
"(2) specify factors to be taken into account in determining 
the measures and practices applicable to each such use or disposal 
(including piiblication of information on costs); 
" (3) identify concentrations of pollutants which interfere with 
each such use or disposal. 
The Administrator is authorized to revise any regulation issued under 
this subsection. 
"(e) The determination of the manner of disposal or use of sludge 
is a local determination except that it shall be unlawful for the owner 
or operator of any publicly owned treatment works to dispose of slud'!;e 
from such w^orks for any use for which guidelines have been established 
pursuant to subsection (d) of this section, except in accordance with 
such guidelines.". 
Enforcement, 
State compliance 
orders. 
33 use 1319. 
TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 55. (a) Paragraph (1) of subsection (a) of section 309 of the 
Federal Water Pollution Control Act is amended by striking "or 308" 
in the first sentence thereof and inserting in lieu thereof "308, 318, or 
405". 
(b) Paragraph (3) of subsection (a) of section 309 of the Federal 
Water Pollution Control Act is amended by striking "or 308" in the 
first sentence thereof and inserting in lieu thereof "308, 318, or 405". 
(c) Subsection (d) of section 309 of the Federal Water Pollution 
Control Act is amended by striking "or 308" in the first sentence 
thereof and inserting in lieu thereof "308, 318, or 405". 
Compliance order 
specifications. 
19 
77 DEADLINES 
SEC. 56. (a) The third sentence of section 309(a) (2) of the Federal 
Water Pollution Control Act is amended by striking out "the Admin-
istrator shall" and by inserting in lieu thereof the following: "except 
where an extension has been granted under paragraph (5) (B) of this 
subsection, the Administrator shall". 
(b) Section 309(a) (4) of the Federal Water Pollution Control Act 
is amended by striking out the second sentence thereof. 
(c) Section 309(a) of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new paragraphs: 
" (5) (A) Any order issued under this subsection shall be by personal 
service, shall state with reasonable specificity the nature of the viola-
tion, and shall specify a time for compliance not to exceed thirty days 
in the case of a violation of an interim compliance schedule or opera-
tion and maintenance requirement and not to exceed a time the Admin-
istrator determines to be reasonable in the case of a violation of a final 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1593 
deadline, taking into account the seriousness of the violation and any 
good faith efforts to comply with applicable requirements. 
"(B) The Administrator may, if he determines (i) that any person Extension, 
who is a violator of, or any person who is otherwise not in compliance 
with, the time requirements under this Act or in any permit issued 
under this Act, has acted in good faith, and has made a commitment 
(in the form of contracts or other securities) of necessary resources 
to achieve compliance by the earliest possible date after July 1, 1977, 
but not later than April 1, 1979; (ii) that any extension under this 
provision will not result in the imposition of any additional controls on 
^ "
^
"
^ * •' 
any other point or nonpoint source; (iii) that an application for a 
permit under section 402 of this Act was filed for such person prior 33 USC 1342. 
to December 31, 1974; and (iv) that the facilities necessary for com-
pliance with such requirements are under construction, grant an exten-
sion of the date referred to in section 301(b) (1) (A) to a date which 33 USC 1311. 
will achieve compliance at the earliest time possible but not later than 
April 1,1979. 
"(6) Whenever, on the basis of information available to him, the 
Administrator finds (A) that any person is in violation of section 
301(b) (1) (A) or (C) of this Act, (B) that such person cannot meet 
the requirements for a time extension under section 301 (i) (2) of this 
Act, and (C) that the most expeditious and appropriate means of com-
pliance with this Act by such person is to discharge into a publicly 
owned treatment works, then, upon request of such person, the Admin-
istrator may issue an order requiring such person to comply with this 
Act at the earliest date practicable, but not later than July 1,1983, by 
discharging into a publicly owned treatment works if such works 
concur with such order. Such order shall include a schedule of 
compliance.". 
MITIGATION COSTS 
SEC. 57. Subsection (b) of section 311 of the Federal Water Pollution 
Control Act is amended by adding a new clause (v) to paragraph (2) 
(B) as follows: 
"(v) In addition to establishing a penalty for the discharge of a 
hazardous substance determined not to be removable pursuant to 
clauses (ii) through (iv) of this subparagraph, the Administrator may 
act to mitigate the damage 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.". 
Oil and 
hazardous 
substance 
liability. 
33 USC 1321. 
GILSPILL LIABILITY 
SEC. 58. (a) (1) Section 311 (b) (1) of the Federal Water Pollution 
Control Act is amended by striking out the period at the end thereof 
and inserting in lieu thereof a comma and the following: "or in con-
nection with activities under the Outer Continental Shelf Lands Act or 
the Deepwater Port Act of 1974, or which may affect natural resources 
belonging to, appertaining to, or under the exclusive management 
authority of the United States (including resources under the Fishery 
Conservation and Management Act of 1976).". 
(2) Section 311(b) (2) (A) of the Federal Water Pollution Control 
Act as amended by inserting after "the contiguous zone" the following: 
"or in connection with activities under the Outer Continental Shelf 
Lands Act or the Deepwater Port Act of 1974, or which may affect 
natural resources belonging to, appertaining to, or under the exclusive 
43 USC 1331 
note. 
33 USC 1501 
note. 
16 USC 1801 
note. 
91 STAT. 1594 
PUBLIC LAW 95-217—DEC. 27, 1977 
management authority of the United States (including resources under 
16 use 1801 
the Fishery Conservation and Management Act of 1976)". 
note. 
(3) Section 311 (b) (3) of the Federal Water Pollution Control Act 
33 use 1321. 
jg amended by inserting " (i)" immediately after "The discharge of oil 
or hazardous substances" and by inserting after the phrase "into or 
upon the waters of the contiguous zone" a comma and the following: 
"or (ii) in connection with activities under the Outer Continental 
43 use 1331 
Shelf Lands Act or the Deepwater Port Act of 1974, or which may 
note. 
affect natural resources belonging to, appertaining to, or under the 
33 use 1501 
exclusive management authority of the United States (including 
°°*®- 
resources under the Fishery Conservation and Management Act of 
1976),". 
(4) Section 311 (b) (3) (A) of the Federal Water Pollution Control 
Act is amended by inserting "or which may affect natural resources 
belonging to, appertaining to, or under the exclusive management 
authority of the United States (including resources under the Fishery 
Conservation and Management Act of 1976)" immediately after 
"waters of the contiguous zone", and by striking out "article IV of". 
(5) Section 311(b) (4) of the Federal Water Pollution Control Act 
is amended by striking all after "beaches" and inserting a period. 
(6) Section 311 (b) (5) of the Federal Water Pollution Control Act 
is amended by inserting after "Any such person" in the second sen-
tence "(A) in charge of a vessel from which oil or a hazardous 
substance is discharged in violation of paragraph (3) (i) of this sub-
section, or (B) in charge of a vessel from which oil or a hazardous 
substance is discharged in violation of paragraph (3) (ii) of this sub-
section and who is otherwise subject to the jurisdiction of the United 
States, or (C) in charge of an onshore facility or an offshore facility,". 
(7) The first sentence of section 311(b) (6) of the Federal Water 
Pollution Control Act is amended by striking out "Any owner or oper-
ator of any vessel, or shore facility," and inserting in lieu thereof "Any 
owner, operator, or person in charge of any onshore facility". 
Penalty. 
^ (8) Section 311 (b) (6) of the Federal Water Pollution Control Act 
is amended by inserting immediately after the first sentence thereof 
the following: "Any owner, operator, or person in charge of any ves-
sel from which oil or a hazardous substance is discharged in violation 
of paragraph (3) (i) of this subsection, and any owner, operator, or 
person in charge of a vessel from which oil or a hazardous substance is 
discharged in violation of paragraph (3) (ii) who is otherwise subject 
to the jurisdiction of the United States, shall be assessed a civil penalty 
by the Secretary of the department in which the Coast Guard is oper-
ating of not more than $5,000 for each offense.". 
(b) Section 311(c) (1) of the Federal Water Pollution Control Act 
is amended by inserting after "discharged," the following: "or there 
is a substantial threat of such discharge,". 
(c) (1) Section 311(c) (1) of the Federal Water Pollution Control 
Act is further amended by inserting after "contisfuous zone," the fol-
lowing : "or in connection with activities under the Outer Continental 
Shelf Lands Act or the Deepwater Port Act of 1974, or which may 
affect natural resources belonging to, appertaining to, or under the 
exclusive management authority of the United States (including 
resources under the Fishery Conservation and Management Act of 
1976)". 
(2) The last sentence of section 311(d) of the Federal Water Pollu-
tion Control Act is amended by inserting after "under this subsection" 
33 use 1471 
the following: "or under the Intervention on the High Seas Act (or 
note. 
the convention defined in section 2(3) thereof)". 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1595 
(3) Section 311(j) (2) of the Federal Water Pollution Control Act Penalty. 
is amended by inserting immediately after the first sentence the fol- 33 USC 1321. 
lowing: "This paragraph shall not apply to any owner or operator of 
any vessel from which oil or a hazardous substance is discharged in 
violation of paragraph (3) (ii) of subsection (b) unless such owner, 
operator, or person in charge is otherwise subject to the jurisdiction 
of the United States.". 
(d) (1) Section 311 (a) of the Federal Water Pollution Control Act Definitions. 
is amended by striking out the period at the end thereof and inserting 
in lieu thereof a semicolon and by adding at the end thereof the follow-
ing new paragraphs: 
" (15) 'inland oil barge' means a non-self-propelled vessel carry-
ing oil in bulk as cargo and certificated to operate only in the 
inland waters of the United States, while operating in such waters; 
"(16) 'inland waters of the United States'means those waters of 
•-*• 
the United States lying inside the baseline from which the ter-
ritorial sea is measured and those waters outside such baseline 
which are a part of the Gulf Intracoastal Waterway.". 
(2) Section 311(f) (1) of the Federal Water Pollution Control Act Actual removal 
is amended by striking out "$100 per gross ton of such vessel or costs liability. 
$14,000,000, whichever is lesser," and inserting in lieu thereof the fol-
lowing : ", in the case of an inland oil barge $125 per gross ton of such 
barge, or $125,000, whichever is greater, and in the case of any other 
vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil 
or hazardous substances as cargo, $250,000), whichever is greater,". 
(3) Section 311(g) of the Federal Water Pollution Control Act is Third party 
amended by striking out "$100 per gross ton of such vessel or liability. 
$14,000,000, whichever is the lesser." and inserting in lieu thereof the 
following: ", in the case of an inland oil barge $125 per gross ton of 
such barge, or $125,000, whichever is greater, and in the case of any 
other vessel, $150 per gross ton of such vessel (or, for a vessel carry-
ing oil or hazardous substances as cargo, $250,000), whichever is 
' 
greater.". 
(4) Section 311 (p) (1) of the Federal Water Pollution Control Act Financial 
is amended by striking out "$100 per gross ton, or $14,000,000 which- responsibility, 
ever is the lesser," and inserting in lieu thereof the following: ", in 
the case of an inland oil barge $125 per gross ton of such barge, or 
$125,000, whichever is greater, and in the case of any other vessel, $150 
per gross ton of such vessel (or, for a vessel carrying oil or hazardous 
substances as cargo, $250,000), whichever is greater,". 
(5) Section 311(f) (2) of the Federal Water Pollution Control Act 
is amended by striking out "$8,000,000" and inserting in lieu thereof 
"$50,000,000"'. 
(6) Section 311(f) (3) of the Federal Water Pollution Control Act 
is amended by striking out "$8,000,000" and inserting in lieu thereof 
"$50,000,000". 
(e) Section 311(c) (2) (D) of the Federal Water Pollution Control 
Act is amended by striking out "to the appropriate Federal agency;" 
and inserting in lieu thereof "and imminent threats of such discharges 
to the appropriate State and Federal agencies;". 
(f) Section 311(g) of the Federal Water Pollution Control Act is Payment rights, 
amended by inserting after " (g)" the following: "Where the owner or 
operator of a vessel (other than an inland oil barge) carrying oil or 
hazardous substances as cargo or an onshore or offshore facility which 
handles or stores oil or hazardous substances in bulk, from which oil 
or a hazardous substance is discharged in violation of subsection (b) 
of this section, alleges that such discharge was caused solely by an act 
91 STAT. 1596 
PUBLIC LAW 95-217—DEC. 27, 1977 
Actual removal 
costs liability. 
33 use 1321. 
Cost recovery. 
Effective date. 
33 use 1321 
note. 
Limitations. 
43 use 1331 
note. 
33 use 1501 
note. 
Effective date. 
33 use 1321 
note. 
or omission of a third party, such owner or operator shall pay to the 
United States Government the actual costs incurred under subsection 
(c) for removal of such oil or substance and shall be entitled by sub-
rogation to all rights of the United States Government to recover such 
costs from such third party under this subsection.". 
(g) Section 311(f) of the Federal Water Pollution Control Act is 
amended by adding the following new paragraphs: 
" (4) The costs of removal of oil or a hazardous substance for which 
the owner or operator of a vessel or onshore or offshore facility is liable 
under subsection (f) of this section shall include any costs or expenses 
incurred by the Federal Government or any State government in the 
restoration or replacement of natural resources damaged or destroyed 
as a result of a discharge of oil or a hazardous substance in violation 
of subsection (b) of this section. 
"(5) The President, or the authorized representative of any State, 
shall act on behalf of the public as trustee of the natural resources to 
recover for the costs of replacing or restoring such resources. Sums 
recovered shall be used to restore, rehabilitate, or acquire the equiv-
alent of such natural resources by the appropriate agencies of the 
Federal Government, or the State government.". 
(h) The amendments made by paragraphs (5) and (6) of subsec-
tion (d) of this section shall take effect 180 days after the date of 
enactment of the Clean Water Act of 1977. 
(i) Section 311 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsections: 
"(q) The President is authorized to establish, with respect to any 
class or category of onshore or offshore facilities, a maximum limit of 
liability under subsections (f) (2) and (3) of this section of less than 
$50,000,000, but not less than $8,000,000. 
" (r) Nothing in this section shall be construed to impose, or author-
ize the imposition of, any limitation on liability under the Outer 
Continental Shelf Lands Act or the Deepwater Port Act of 1974.". 
(i) No vessel subject to the increased amounts which result from 
the amendments made by subsections (d)(2), (d)(3), and (d)(4) 
of this section shall be required to establish any evidence of financial 
responsibility under section 311 (p) of the Federal Water Pollution 
Control Act for such increased amounts before October 1, 1978. 
(k) Section 311(a) (11) of the Federal Water Pollution Control 
Act is amended by inserting immediately after "United States" a 
comma and the following: "and any facility of any kind which is 
subject to the jurisdiction of the United States and is located in, on, 
or under any other waters,". 
(1) The first sentence of section 311 (k) of the Federal Water Pol-
lution Control Act is amended by striking out "not to exceed" and 
inserting in lieu thereof the following: "such sums as may be necessary 
to maintain such fund at a level of". 
(m) Section 311 (i) (2) of the Federal Water Pollution Control 
Act is amended by striking out the period at the end thereof and 
inserting in lieu thereof a comma and the following: "or the Deep-
water Port Act of 1974.". 
MARINE SANITATION 
DEVICES 
Definitions. 
SEC. 59. (a) Section 312(a) (6) of the Federal Water Pollution Con-
33 use 1322. 
trol Act is amended by adding before the semicolon at the end thereof 
the following: "except that, with respect to commercial vessels on the 
Great Lakes, such term shall include graywater". 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1597 
(b) Section 312(a) of the Federal Water Pollution Control Act is 33 USC 1322. 
amended by striking out the period at the end thereof and inserting in 
lieu thereof a semicolon and the following: 
"(10) 'commercial vessels' means those vessels used in the busi-
ness of transporting property for compensation or hire, or in trans- 
\ 
porting property in the business of the owner, lessee, or operator 
of the vessel; 
"(11) 'graywater' means galley, bath, and shower water.". 
(c) The next to the last sentence of section 312(b) (1) of the Fed-
eral Water Pollution Control Act is amended by inserting immediately 
after "Such standards" the following: "and standards established 
under subsection (c) (1) (B) of this section". The last sentence of such 
section 312(b)(1) is amended by inserting immediately after "sub-
section" the following: "and subsection (c) of this section". 
(d) Section 312(c) (1) of the Federal Water Pollution Control Act 
is amended by inserting "(A)" after "(1)" and by adding at the end 
thereof a new subparagraph (B) as follows: 
"(B) The Administrator shall, with respect to commercial vessels 
on the Great Lakes, establish standards which require at a minimum 
the equivalent of secondary treatment as defined under section 304(d) 
of this Act. Such standards and regulations shall take eifect for exist- Ante, p. 1587 
ing vessels after such time as the Administrator determines to be rea-
sonable for the upgrading of marine sanitation devices to attain such 
(e) Section 312(f) (4) of the Federal Water Pollution Control Act 
is amended by inserting "(A)" after "(4)" and by adding at the end 
thereof a new subparagraph (B) as follows: 
"(B) Upon application by a State, the Administrator shall, by regu-
lation, establish a drinking water intake zone in any waters within 
such State and prohibit the discharge of sewage from vessels within 
that zone.". 
Great Lakes 
vessels, 
standards. 
Drinking water 
intake zone 
regulations. 
- H 
F' 
FEDERAL FACILITIES 
Cooperative 
pollution control 
program 
coordination. 
33 USC 1323. 
SEC. 60. Section 313 of the Federal Water Pollution Control Act is 
amended by inserting "(a)" immediately after "SEC. 313." and by 
adding at the end thereof the following new subsection: 
"(b) (1) The Administrator shall coordinate with the head of each 
department, agency, or instrumentality of the Federal Government 
having jurisdiction over any property or facility utilizing federally 
owned wastewater facilities to develop a program of cooperation for 
utilizing wastewater control systems utilizing those innovative treat-
ment processes and techniques for which guidelines have been promul-
gated under section 304(d)(3). Such program shall include an Ante, p. 1588. 
inventory of property and facilities which could utilize such processes 
and techniques. 
"(2) Construction shall not be initiated for facilities for treatment 
- ; ; 
of wastewater at any Federal property or facility after September 30, 
1979, if alternative methods for wastewater treatment at such property 
or facility utilizing innovative treatment processes and techniques, 
including but not limited to methods utilizing recycle and reuse tech-
niques and land treatment are not utilized, unless the life cycle cost of 
' 
the alternative treatment works exceeds the life cycle cost of the most 
cost effective alternative by more than 15 per centum. The Adminis- Waiver, 
trator may waive the application of this paragraph in any case where 
ihe Administrator determines it to be in the public interest, or that 
compliance with this paragraph would interfere with the orderly com-
pliance with conditions of a permit issued pursuant to section 402 of 
this Act.". 
33 USC 1342. 
91 STAT. 1598 
PUBLIC LAW 95-217—DEC. 27, 1977 
Ante, p. 1597. 
Federal employee 
liability. 
Military source 
exemption, 
regulations. 
33 u s e 1341. 
Surveys, financial 
assistance to 
States. 
33 u s e 1324. 
Public 
information. 
Ante, p. 1588. 
FEDERAL FACILITY COMPLIANCE 
SEC. 61. (a) Subsection (a) of section 313 of the Federal Water Pol-
lution Control Act is amended (1) by striking in the first sentence 
thereof the words "shall comply with Federal, State, interstate, and 
local i-equirements respecting control and abatement of pollution to tlie 
same extent that any person is subject to such requirements, includ-
ing the payment of reasonable service charges." and inserting in lieu 
thereof a comma and the/words "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 require-
ments, 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 entity including the pay-
ment of reasonable service charges. The preceding sentence shall apply 
(A) to any requirement whether substantive or procedural (including 
any recordkeeping or reporting requirement, any requirement respect-
ing permits and any other requirement, whatsoever), (B) to the exer-
cise 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. This subsection shall apply not-
withstanding any immunity of such agencies, officers, agents, or 
employees under any law or rule of law. Nothing in this section shall 
be construed to prevent any department, agency, or instrumentality of 
the Federal Government, or any officer, agent, or employee thereof in 
the performance of his official duties, from removing to the appro-
priate Federal district court any proceeding to which the department, 
agency, or instrumentality or officer, agent, or employee thereof is sub-
ject pursuant to this section, and any such proceeding may be removed 
in accordance with 28 U.S.C. 1441 et seq. No officer, agent, or employee 
of the United States shall be personally liable for any civil penalty 
arising from the performance of his official duties, for which he is not 
otherwise liable, and the United States shall be liable only for those 
civil penalties arising under Federal law or imposed by a State or local 
court to enforce an order or the process of such court."; and (2) by 
adding at the end of such subsection the following: "In addition to 
any such exemption of a particular effluent source, the President may, 
if he determines it to be in the paramount interest of the United States 
to do so, issue regulations exempting from compliance with the require-
ments of this section any weaponry, equipment, aircraft, vessels, 
vehicles, or other classes or categories of property, and access to such 
property, which are owned or operated by the Armed Forces of the 
United States (including the Coast Guard) or by the National Guard 
of any State and which are uniquely military in nature. The President 
shall reconsider the need for such regulations at three-year intervals.". 
(b) Section 401(a) of the Federal Water Pollution Control Act is 
amended by striking paragraph (6) and renumbering the succeeding 
paragraph accordingly. 
CLEAN LAKES 
SEC. 62. (a) Section 314(b) of the Federal W^ater Pollution Control 
Act is amended by adding at the end thereof the following: "The 
Administrator shall provide financial assistance to States to prepare 
the identification and classification surveys required in subsection (a) 
(1) of this section.". 
(b) The first sentence of section 304(j) of the Federal Water Pollu-
tion Control Act as redesignated by this Act, is amended to read as 
PUBLIC LAW 95-217--DEC. 27, 1977 
91 STAT. 1599 
follows: "The Administrator shall issue information biennially on 
methods, procedures, and processes as may be appropriate to restore 
and enhance the quality of the Nation's publicly owned freshwater 
lakes.". 
AQUACULTUKE 
SEC. 63. Section 318 of the Federal Water Pollution Control Act is 
amended to read as follows: 
33 use 1328. 
"AQUACULTUKE 
"SEC. 318. (a) The Administrator is authorized, after public hear- Pollutant 
ings, to permit the discharge of a specific pollutant or pollutants under discharge, 
controlled conditions associated with an approved aquaculture project hearing, 
under Federal or State supervision pursuant to section 402 of this Act. 
" (b) The Administrator shall by regulation establish any procedures Procedures and 
and guidelines which the Administrator deems necessary to carry out guidelines, 
this section. Such regulations shall require the application to such 
discharge of each criterion, factor, procedure, and requirement appli-
cable to a permit issued under section 402 of this title, as the Adminis-
trator determines necessary to carry out the objective of this Act. 
"(c) Each State desiring to administer its own permit program State program 
within its jurisdiction for discharge of a specific pollutant or pollut- approval, 
ants under controlled conditions associated with an approved aquacul-
ture project may do so if upon submission of such program the 
Administrator determines such program is adequate to carry out the 
objective of this Act.". 
COMPLIANCE WITH STATE REQUIREMENTS 
SEC. 64. Section 401 of the Federal Water Pollution Control Act is 33 OSC 1341. 
amended by inserting "303," after "302," in the phrase "sections 301, 
302, 306, and 307 of this Act", and in the phrase "section 301, 302, 306, 
or 307 of this Act", each time these phrases appear. 
ENVIRONMENTAL PROTECTION AGENCY ISSUANCE OF PERMITS 
SEC. 65. (a) Section 402(d) of the Federal Water Pollution Control 33 USC 1342. 
Act is amended by adding at the end thereof the following new 
paragraph: 
" (4) In any case where, after the date of enactment of this para- Public hearing, 
graph, the Administrator, pursuant to paragraph (2) of this subsec-
tion, objects to the issuance of a permit, on request of the State, a public 
hearing shall be held by the Administrator on such objection. If the 
State does not resubmit such permit revised to meet such objection 
within 30 days after completion of the hearing, or, if no hearing is 
requested within 90 days after the date of such objection, the Adminis-
trator may issue the permit pursuant to subsection (a) of this section 
for such source in accordance with the guidelines and requirements of 
this Act.". 
(b) Section 402(d) (2) of the Federal Water Pollution Control Act 
is amended by adding at the end thereof the following new sentence: 
"Whenever the Administrator objects to the issuance of a permit under 
this paragraph such written objection shall contain a statement of the 
reasons for such objection and the effluent limitations and conditions 
which such permit would include if it were issued by the 
Administrator.". 
Objections 
statement. 
29-194 0 
91 STAT. 1600 
PUBLIC LAW 95-217—DEC. 27, 1977 
33 use 1342. 
Ante, p. 1592, 
Notice, 
publication. 
33 use 1344. 
"Secretary.' 
Notice and 
hearing. 
laif 
Limitations. 
ENFORCEMENT OF MUNICIPAL PERMITS 
/ 
SEC. 66. Section 402(h) of the Federal Water Polhition Control Act 
is amended by striking out the comma after "is approved" and inserting 
the following: "or where the Administrator determines pursuant to 
section 309(a) of this Act that a State with an approved program has 
not commenced appropriate enforcement action with respect to such 
permit,". 
PERMITS FOR DREDGED OR FILL MATERIAL 
SEC. 67. (a) (1) Subsection (a) of section 404 of the Federal Water 
Pollution Control Act is amended by striking out "The Secretary of 
the Army, acting through the Chief of Engineers," and inserting in 
lieu thereof "The Secretary" and by inserting at the end thereof the 
following new sentence: "Not later than the fifteenth day after the 
date an applicant submits all the information required to complete 
an application for a permit under this subsection, the Secretary shall 
publish the notice required by this subsection.". 
(2) Subsections (b) and (c) of such section 404 are amended by 
striking out "the Secretary of the Army" each place it appears and 
inserting in lieu thereof in each such place "the Secretary". 
(b) Such section 404 is further amended by adding at the end thereof 
the following new subsections: 
"(d) The term 'Secretary' as used in this section means the Secretary 
of the Army, acting through the Chief of Engineers. 
"(e) (1) In carrying out his functions relating to the discharge of 
dredged or fill material under this section, the Secretary may, after 
notice and opportunity for public hearing, issue general permits on a 
State, regional, or nationwide basis for any category of activities 
involving discharges of dredged or fill material if the Secretary deter-
mines that the activities in such category are similar in nature, will 
cause only minimal adverse environmental effects when performed sep-
arately, and will have only minimal cumulative adverse effect on the 
environment. Any general permit issued under this subsection shall 
(A) be based on the guidelines described in subsection (b) (1) of this 
section, and (B) set forth the requirements and standards which shall 
apply to any activity authorized by such general permit. 
"(2) No general permit issued under this subsection shall be for a 
period of more than five years after the date of its issuance and such 
general permit may be revoked or modified by the Secretary if, after 
opportunity for public hearing, the Secretary determines that the 
activities authorized by such general permit have an adverse impact on 
the environment or such activities are more appropriately authorized 
by individual permits. 
"(f) (1) Except as provided in paragraph (2) of this subsection, the 
discharge of dredged or fill material— 
: 
"(A) from normal farming, silviculture, and ranching activ-
;
> ities such as plowing, seeding, cultivating, minor drainage, har-
>. vesting for the production of food, fiber, and forest products, or 
upland soil and water conservation practices; 
;, 
"(B) for the purpose of maintenance, including emergency 
f
. 
reconstruction of recently damaged parts, of currently serviceable 
structures such as dikes, dams, levees, groins, riprap, breakwaters, 
.. causeways, and bridge abutments or approaches, and transporta-
tion structures; 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1601 
"(C) for the purpose of construction or maintenance of farm 
or stock ponds or irrigation ditches, or the maintenance of drain-
age ditches; 
"(D) for the purpose of construction of temporary sedimenta-
tion basins on a construction site which does not include place-
ment of fill material into the navigable waters; 
"(E) for the purpose of construction or maintenance of farm 
roads or forest roads, or temporary roads for moving mining 
equipment, where such roads are constructed and maintained, in 
accordance with best management practices, to assure that flow 
and circulation patterns and chemical and biological character-
istics of the navigable waters are not impaired, that the reach of 
the navigable waters is not reduced, and that any adverse effect 
on the aquatic environment will be otherwise minimized; 
"(F) resulting from any activity with respect to which a State 
has an approved program under section 208(b) (4) which meets 
the requirements of subparagraphs (B) and (C) of such section, 
is not prohibited bv or otherwise subject to regulation under this sec-
tion or section 301(a) or 402 of this Act (except for effluent standards 
or prohibitions under section 307). 
"(2) Any discharge of dredged or fill material into the navigable 
waters incidental to any activity having as its purpose bringing an area 
of the navigable waters into a use to which it was not previously sub-
ject, where the flow or circulation of navigable waters may be impaired 
or the reach of such waters be reduced, shall be required to have a 
permit under this section, 
"(g) (1) The Governor of any State desiring to administer its own 
individual and general permit program for the discharge of dredged 
or fill material into the navigable waters (other than those waters 
which are presently used, or are susceptible to use in their natural 
(ondition or by reasonable improvement as a means to transport inter-
state or foreign commerce shoreward to their ordinary high water 
mark, including all waters which are subject to the ebb and flow of the 
tide shoreward to their mean high water mark, or mean higher high 
water mark on the west coast, including wetlands adjacent thereto) 
within its jurisdiction may submit to the Administrator a full and 
complete description of the program it proposes to establish and 
administer under State law or under an interstate compact. In addition, 
such State shall submit a statement from the attorney general (or the 
attorney for those State agencies which have independent legal coun-
sel), or from the chief legal officer in the case of an interstate agency, 
that the laws of such State, or the interstate compact, as the case may 
be, provide adequate authority to carry out the described program. 
" (2) Not later than the tenth day after the date of the receipt of the 
program and statement submitted by any State under paragraph (1) 
of this subsection, the Administrator shall provide copies of such pro-
gram and statement to the Secretary and the Secretary of the Interior, 
acting through the Director of the United States Fish and Wildlife 
Service. 
"(3) Not later than the ninetieth day after the date of the receipt 
by the Administrator of the program and statement submitted by any 
State, under paragraph (1) of this subsection, the Secretary and the 
Secretary of the Interior, acting through the Director of the United 
States Fish and Wildlife Service, shall submit any comments with 
respect to such program and statement to the Administrator in writing. 
"(h)(1) Not later than the one-hundred-twentieth day after the 
d ite of the receipt by the Administrator of a program and statement 
Ante, p. 1577. 
33 u s e 1311, 
1342. 
33 u s e 1317. 
State 
administrative 
program and 
authority 
statement, 
submittal and 
copies. 
eomments, 
submittal. 
State authority 
determination. 
91 STAT. 1602 
PUBLIC LAW 95-217—DEC. 27, 1977 
33 use 1317, 
1343. 
33 use 1318. 
Notice and 
hearing. 
Recommenda-
tions. 
Consultation. 
Coordination. 
Program 
approval and 
notification. 
submitted by any State under paragraph (1) of this subsection, the 
Administrator shall determine, taking into account any comments sub-
mitted by the Secretary and the Secretarjr of the Interior, acting 
through the Director of the United States Fish and Wildlife Service, 
pursuant to subsection (g) of this section, whether such State has the 
following authority with respect to the issuance of permits pursuant 
to such program: 
" (A) To issue permits which— 
•' 
"(i) apply, and assure compliance with, any applicable 
requirements of this section, including, but not limited to, 
the guidelines established under subsection (b)(1) of this 
section, and sections 307 and 403 of this Act; 
"(ii) are for fixed terms not exceeding five years; and 
"(iii) can be terminated or modified for cause including, 
• * 
but not limited to, the following: 
"(I) violation of any condition of the permit; 
" (II) obtaining a permit by misrepresentation, or fail-
ure to disclose fully all relevant facts; 
^.1 •. 
"(Ill) change in any condition that requires either 
a temporary or permanent reduction or elimination of 
the permitted discharge. 
"(B) To issue permits which apply, and assure compliance with, 
all applicable requirements of section 308 of this Act, or to inspect, 
monitor, enter, and require reports to at least the same extent as 
/; required in section 308 of this Act. 
"(C) To assure that the public, and any other State the waters 
of which may be affected, receive notice of each application for a 
permit and to provide an opportunity for public hearing before 
a ruling on each such application. 
"(D) To assure that the Administrator receives notice of each 
application (including a copy thereof) for a permit. 
"(E) To assure that any State (other than the permitting 
State), whose waters may be affected by the issuance of a permit 
may submit written recommendations to the permitting State 
(and the Administrator) with respect to any permit application 
and, if any part of such written recommendations are not accepted 
by the permitting State, that the permitting State will notify such 
affected State (and the Administrator) in writing of its failure 
to so accept such recommendations together with its reasons for 
so doing. 
" (F) To assure that no permit will be issued if, in the judgment 
of the Secretary, after consultation with the Secretary of the 
department in which the Coast Guard is operating, anchorage and 
navigation of any of the navigable waters would be substantially 
impaired thereby. 
"(G) To abate violations of the permit or the permit program, 
including civil and criminal penalties and other ways and means 
of enforcement. 
"(H) To assure continued coordination with Federal and 
Federal-State water-related planning and review processes. 
"(2) If, with respect to a State program submitted under subsection 
(g) (1) of this section, the Administrator determines that such State— 
"(A) has the authority set forth in paragraph (1) of this sub-
section, the Administrator shall approve the program and so notify 
(i) such State and (ii) the Secretary, who upon subsequent notifi-
cation from such State that it is administering such program, shall 
u suspend the issuance of permits under subsections (a) and (e) of 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1603 
this section for activities with respect to which a permit may be 
issued pursuant to such State program; or 
"(B) does not have the authority set forth in paragraph (1) 
of this subsection, the Administrator shall so notify such State, 
which notification shall also describe the revisions or modifica-
tions necessary so that such State may resubmit such program for a 
determination by the Administrator under this subsection. 
"(3) If the Administrator fails to make a determination with 
respect to any program submitted by a State under subsection (g) (1) 
of this section within one-hundred-twenty days after the date of the 
receipt of such program, such program shall be deemed approved pur-
suant to paragraph (2) (A) of this subsection and the Administrator 
shall so notify such State and the Secretary who, upon subsequent noti-
ficaition from such State that it is administering such program, shall 
suspend the issuance of permits under subsection (a) and (e) of this 
section for activities with respect to which a permit may be issued by 
such Stat^. 
"(4) After the Secretary receives notification from the Administra-
tor under paragraph (2) or (3) of this subsection that a State permit 
program has been approved, the Secretary shall transfer any applica-
tions for permits pending before the Secretary for activities with 
respect to which a permit may be issued pursuant to such State pro-
gram to such State for appropriate action. 
"(5) Upon notification from a State with a permit program 
approved under this subsection that such State intends to administer 
and enforce the terms and conditions of a general permit issued by the 
Secretary under subsection (e) of this section with respect to activities 
in such State to which such general permit applies, the Secretary shall 
suspend the administration and enforcement of such general permit 
with respect to such activities. 
"(i) Whenever the Administrator determines after public hearing 
that a State is not administering a program approved under section 
(h) (2) (A) of this section, in accordance with this section, including, 
but not limited to, the guidelines established under subsection (b) (1) 
of this section, the Administrator shall so notify the State, and, if 
appropriate corrective action is not taken within a reasonable time, not 
to exceed ninety days after the date of the receipt of such notification, 
the Administrator shall (1) withdraw approval of such program until 
the Administrator determines such corrective action has been taken, 
and (2) notify the Secretary that the Secretary shall resume the pro-
gram for the issuance of permits under subsections (a) and (e) of this 
section for activities with respect to which the State was issuing per-
mits and that such authority of the Secretary shall continue in effect 
until such time as the Administrator makes the determination described 
in clause (1) of this subsection and such State again has an approved 
program. 
"(j) Each State which is administering a permit program pursuant 
to this section shall transmit to the Administrator (1) a copy of each 
permit application received by such State and provide notice to the 
Administrator of every action related to the consideration of such 
permit application, including each permit proposed to be issued by 
such State, and (2) a copy of each proposed general permit which such 
State intends to issue. Not later than the tenth day after the date of the 
receipt of such permit application or such proposed general permit, the 
Administrator shall provide copies of such permit application or such 
proposed general permit to the Secretary and the Secretary of the 
Interior, acting through the Director of the United States Fish and 
Program 
resubmittal. 
Application 
transferral. 
Administration 
and enforcement, 
suspension. 
State 
noncompliant 
programs, 
withdrawal 
notice. 
Copies, 
transmittals to 
Federal agencies. 
91 STAT. 1604 
PUBLIC LAW 95-217—DEC. 27, 1977 
Comments, 
notification. 
Objection 
statement. 
Public heariQgs. 
Waiver. 
Ante, p. 1588. 
Regulations. 
Comments, 
submittal by 
Interior 
Secretary. 
Wildlife Service. If the Administrator intends to provide written com-
ments to such State with respect to such permit application or such 
proposed general permit, he shall so notify such State not later than 
the thirtieth day after the date of the receipt of such application or 
such proposed general permit and provide such written comments to 
such State, after consideration of any comments made in writing with 
respect to such application or such proposed general permit by the Sec-
retary and the Secretary of the Interior, acting through the Director 
of the United States Fish and Wildlife Service, not later than the nine-
tieth day after the date of such receipt. If such State is so notified by 
the Administrator, it shall not issue the proposed permit until after the 
receipt of such comments from the Administrator, or after such nine-
tieth day, whichever first occurs. Such State shall not issue such pro-
posed permit after such ninetieth day if it has received such written 
comments in which the Administrator objects (A) to the issuance of 
such proposed permit and such proposed permit is one that has been 
submitted to the Administrator pursuant to subsection (h) (1) (E), or 
(B) to the issuance of such proposed permit as being outside the 
requirements of this section, including, but not limited to, the guide-
lines developed under subsection (b) (1) of this section unless it modi-
fies such proposed permit in accordance with such comments. Whenever 
the Administrator objects to the issuance of a permit under the pre-
ceding sentence such written objection shall contain a statement of the 
reasons for such objection and the conditions which such permit would 
include if it were issued by the Administrator. In any case where the 
Administrator objects to the issuance of a permit, on request of the 
State, a public hearing shall be held by the Administrator on such 
objection. If the State does not resubmit such permit revised to meet 
such objection within 30 days after completion of the hearing or, if no 
hearing is requested within 90 days after the date of such objection, the 
Secretary may issue the permit pursuant to subsection (a) or (e) of 
this section, as the case may be, for such source in accordance with the 
guidelines and requirements of this Act. 
"(k) In accordance with guidelines promulgated pursuant to sub-
section (i) (2) of section 304 of this Act, the Administrator is author-
ized to waive the requirements of subsection (j) of this section at the 
time of the approval of a program pursuant to subsection (h)(2)(A) 
of this section for any category (including any class, type, or size 
within such category) of discharge within the State submitting such 
program. 
"(1) The Administrator shall promulgate regulations establishing 
categories of discharges which he determines shall not be subject to 
the requirements of subsection (j) of this section in any State with a 
program approved pursuant to subsection (h) (2) (A) of this section. 
The Administrator may distinguish among classes, types, and sizes 
within any category of discharges. 
"(m) Not later than the ninetieth day after the date on which the 
Secretary notifies the Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service that (1) an 
application for a permit under subsection (a) of this section has been 
received by the Secretary, or (2) the Secretary proposes to issue a gen-
eral permit under subsection (e) of this section, the Secretary of the 
Interior, acting through the Director of the United States Fish and 
Wildlife Service, shall submit any comments with respect to such 
application or such proposed general permit in writing to the 
Secretary. 
^,.,, >,,....,,...•. •, , .;v .;..':-:o-;;. ^j :;• 
.•;;.•; 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1605 
" (n) Nothing in this section shall be construed to limit the authority 
of the Administrator to take action pursuant to section 309 of this Act. 
" (o) A copy of each permit application and each permit issued under 
this section shall be available to the public. Such permit application or 
portion thereof, shall further be available on request for the purpose 
of reproduction. 
"(p) Compliance with a permit issued pursuant to this section, 
including any activity carried out pursuant to a general permit issued 
under this section, shall be deemed compliance, for purposes of sec-
tions 309 and 505, with sections 301,307 and 403. 
"(q) Not later than the one-hundred-eightieth day after the date of 
enactment of this subsection, the Secretary shall enter into agreements 
with the Administrator, the Secretaries of the Departments of Agri-
culture, Commerce, Interior, and Transportation, and the heads of 
other appropriate Federal agencies to minimize, to the maximum 
extent practicable, duplication, needless paperwork, and delays in the 
issuance of permits under this section. Such agreements shall be devel-
oped to assure that, to the maximum extent practicable, a decision with 
respect to an application for a permit under subsection (a) of this sec-
tion will be made not later than the ninetieth day after the date the 
notice for such application is published under suDsection (a) of this 
section. 
"(r) The discharge of dredged or fill material as part of the con-
struction of a Federal project specifically authorized by Congress, 
whether prior to or on or after the date of enactment of this subsection, 
is not prohibited by or otherwise subject to regulation under this sec-
tion, or a State program approved under this section, or section 301 (a) 
or 402 of the Act (except for effluent standards or prohibitions under 
section 307), if information on the effects of such discharge, including 
consideration of the guidelines developed under subsection (b) (1) 
of this section, is included in an environmental impact statement for 
such project pursuant to the National Environmental Policy Act of 
1969 and such environmental impact statement has been submitted to 
Congress before the actual discharge of dredged or fill material in 
connection with the construction of such project and prior to either 
authorization of such project or an appropriation of funds for such 
construction. 
"(s) (1) Whenever on the basis of any information available to him 
the Secretary finds that any person is in violation of any condition or 
limitation set forth in a permit issued by the Secretary under this 
section, the Secretary shall issue an order requiring such person to 
comply with such condition or limitation, or the Secretary shall bring 
a civil action in accordance with paragraph (3) of this subsection. 
"(2) A copy of any order issued under this subsection shall be sent 
immediately by the Secretary to the State in which the violation occurs 
and other affected States. Any order issued under this subsection shall 
be by personal service and shall state with reasonable specificity the 
nature of the violation, specify a time for compliance, not to exceed 
thirty days, which the Secretary determines is reasonable, taking into 
account the seriousness of the violation and any good faith efforts to 
comply with applicable requirements. In any case in which an order 
under this subsection is issued to a corporation, a copy of such order 
shall be served on any appropriate corporate officers. 
"(3) The Secretary is authorized to commence a civil action for 
appropriate relief, including a permanent or temporary injunction for 
any violation for which he is authorized to issue a compliance order 
under paragraph (1) of this subsection. Any action under this para-
33 use 1319. 
Copies, 
availability to 
public. 
33 u s e 1365. 
Ante, p. 1592. 
33 u s e 1311, 
1317, 1343. 
Agreements with 
Federal agencies. 
33 u s e 1342. 
42 u s e 4321 
note. 
Violations, 
eompliance 
order, notice. 
Judicial relief, 
notice. 
91 STAT. 1606 
PUBLIC LAW 95-217—DEC. 27, 1977 
"Person." 
33 use 1362. 
graph 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 jurisdiction to restrain such viola-
tion and to require compliance. Notice of the commencement of such 
acton shall be given immediately to the appropriate State. 
Penalties. 
"(4) (A) Any person who willfully or negligently violates any 
condition or limitation in a permit issued by the Secretary under this 
section shall be punished by a fine of not less than $2,500 nor more 
than $25,000 per day of violation, or by imprisonment for not more 
than one year, or by both. If the conviction is for a violation com-
mitted after a first conviction of such person under this paragraph, 
punishment shall be by a fine of not more than $50,000 per day of viola-
tion, or by imprisonment for not more than two years, or by both. 
"(B) For the purposes of this paragraph, the term 'person' shall 
mean, in addition to the definition contained in section 502(5) of this 
Act, any responsible corporate officer. 
"(5) Any person who violates any condition or limitation in a per-
mit issued by the Secretary under this section, and any person who 
violates any order issued by the Secretary under paragraph (1) of this 
subsection, shall be subject to a civil penalty not to exceed $10,000 per 
day of such violation. 
"(t) Nothing in this section shall preclude or deny the right of any 
State or interstate agency to control the discharge of dredged or fill 
material in any portion of the navigable waters within the jurisdiction 
of such State, including any activity of any Federal agency, and each 
such agency shall comply with such State or interstate requirements 
both substantive and procedural to control the discharge of dredged or 
fill material to the same extent that any person is subject to such 
requirements. This section shall not be construed as affecting or 
impairing the authority of the Secretary to maintain navigation.". 
(c) (1) Section 308(a) (4) of the Federal Water Pollution Control 
Act is amended by inserting "404 (relating to State permit pro-
grams) ," immediately before "and 504". 
(2) Section 309 of the Federal Water Pollution Control Act is 
amended— 
(A) in subsection (a)(1) thereof, by striking out "section 
402" and inserting in lieu thereof "section 402 or 404"; 
(B) in subsection (a) (3) thereof, by inserting "or in a permit 
issued under section 404 of this Act by a State" immediately after 
"State"; 
(C) in the first sentence of subsection (c) (1) thereof, by insert-
ing "or in a permit issued under section 404 of this Act by a State" 
immediately after "State"; and 
(D) in subsection (d) thereof, by inserting "or in a permit 
issued under section 404 of this Act by a State," immediately 
after "State,". 
SLUDGE DISPOSAL 
SEC. 68. (a) Section 405(a) of the Federal Water Pollution Control 
33 use 1345. 
Act is amended by striking out "under this section" and inserting in 
lieu thereof "under section 402 of this Act". 
(b) Section 405(b) of the Federal Water Pollution Control Act is 
-s'r' !ahv H
- amended by striking out the period at the end of the first sentence and 
• • u 
inserting in lieu thereof "and section 402 of this Act.". 
"mi r 
33 use 1318. 
Enforcement. 
Ante, p. 1592. 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1607 
(c) The last sentence of section 405(b) of the Federal Water Pollu-
tion Control Act is amended by striking out ", as the Administrator Ante, p. 1591. 
determines necessary to carry out the objective of this Act". 
(d) Section 405(c) of the Federal Water Pollution Control Act is 
amended by striking out "if upon submission" and all that follows 
down through the period at the end thereof and inserting in lieu 
thereof the following;: "in accordance with section 402 of this Act.". 
Contingency 
fund, 
appropriation 
authorization. 
Annual report to 
Congress. 
EMERGENCY FUND 
SEC. 69. Section 504 of the Federal Water Pollution Control Act is 33 USC 1364. 
amended by inserting " (a)" immediately after "SEC. 504." and by add-
ing at the end thereof the following: 
"(b) (1) The Administrator is authorized to provide assistance in 
emergencies caused by the release into the environment of any pollut-
ant or other contaminant including, but not limited to, those which 
present, or may reasonably be anticipated to present, an imminent 
and substantial danger to the public health or welfare. 
"(2) There is hereby established a contingency fund to carry out 
paragraph (1) of this subsection and there is authorized to be appro-
priated to such fund not to exceed $10,000,000. The amounts appro-
priated under this paragraph shall remain available until expended. 
There is authorized to be appropriated such sums as are necessary to 
maintain that portion of such fund available for emergency assistance 
at a $10,000,000 level. 
"(3) The Administrator shall submit a report annually to each 
House of Congress on his activities in carrying out this subsection. 
"(4) This subsection shall, not be construed to relieve the Adminis-
trator of any requirement imposed on the Administrator by any other 
Federal law. Nothing contained in this subsection shall (A) affect any 
final action taken under such other Federal law, or (B) in any way 
affect the extent to which human health or the environment is to be 
protected under such other Federal law. 
"(5) The Administrator is authorized to provide emergency Assistance 
assistance under this subsection 
whenever the Administrator criteria, 
determines— 
"(A) such assistance is immediately required to prevent, limit, 
or mitigate the emergency; 
"(B) there is an immediate significant risk to the public health 
or welfare and the environment; and 
"(C) such assistance will not otherwise be provided on a timely 
basis. 
;.; : 
"(6) Emergency assistance provided under this subsection may 
include (A) measures to abate and remedy the emergency, (B) the 
performance of research on the effects of an emergency on public 
health, welfare, and the environment, and (C) providing officers and 
employees of the agency to administer, at the site of any emergency, 
tJie authority under this or other Federal law to minimize and mitigate 
the adverse effects of the emergency. 
"(7) The Administrator shall prepare and publish a contingency Contingency, 
plan for responding to emergencies under this subsection. Such con- plan publication, 
tingency plan shall include actions and responsibilities comparable to 
those specified in section 311 (c) (2) of this Act. 
Ante, p. 1595. 
"(8) If emergency assistance is provided under this subsection in Costs, 
an emergency caused by the discharge of any pollutant subject to 
section 311 of this Act, the cost of such assistance shall, at the discretion 
91 STAT. 1608 
PUBLIC LAW 95-217—DEC. 27, 1977 
33 use 1311, 
1316, 1317, 
1342, 1343. 
33 use 1319. 
Reports to 
Congress. 
33 use 1375. 
of the Administrator, be a cost of removal for the purposes of subsec-
tions (f) and (g) of such section, and added to any liability which may 
be imposed under subsection (b) (2) of such section. 
"(9) The cost of any emergency assistance provided under this 
subsection in an emergency caused by the discharge of a pollutant in 
violation of any requirement of section 301, 306, 307,402, or 403 of this 
Act, shall be recoverable from the owner or operator of the source of 
the discharge in an action brought under section 309 of this Act.". 
COMBINED SEWER OVERFLOWS 
SEC. 70. Section 516 of the Federal Water Pollution Control Act 
is amended by adding at the end thereof a new'subsection as follows: 
"(c) The Administrator shall submit to the Congress by October 1, 
1978, a report on the status of combined sewer overflows in municipal 
treatment works operations. The report shall include (1) the status of 
any projects funded under this Act to address combined sewer over-
flows (2) a listing by State of combined sewer overflow needs identified 
in the 1977 State priority listings, (3) an estimate for each applicable 
municipality of the number of years necessary, assuming an annual 
authorization and appropriation for the construction grants program 
of $5,000,000,000, to correct combined sewer overflow problems, (4) an 
analysis using representative municipalities faced with major com-
bined sewer overflow needs, of the annual discharges of pollutants from 
overflows in comparison to treated effluent discharges, (5) an analysis 
of the technological alterna'tives available to municipalities to correct 
major combined sewer overflow problems, and (6) any recommenda-
tions of the Administrator for legislation to address the problem of 
combined sewer overflows, including whether a separate authorization 
and grant program should be established by the Congress to address 
combined sewer overflows.". 
UTILIZATION o r TREATED SLUDGE 
Report to 
SEC. 71. Section 516 of the Federal Water Pollution Control Act 
Congress. 
is amended by adding at the end thereof a new subsection as follows: 
"(d) The Administrator shall submit to the Congress by October 1, 
1978, a report on the status of the use of municipal secondary effluent 
and sludge for agricultural and other purposes that utilize the nutrient 
value of treated wastewater effluent. The report shall include (1) a 
summary of results of research and development programs, grants, and 
contracts carried out by the Environmental Protection Agency pursu-
33 use 1254. 
ant to sections 104 and 105 of this Act, regarding alternatives to dis-
posal, landfill, or incineration of secondary effluent of sludge, (2) an 
estimate of the amount of sludge generated by public treatment works 
and its disposition, including an estimate of annual energy costs to 
incinerate sludge, (3) an analysis of current technologies for the uti-
lization, reprocessing, and other uses of sludge to utilize the nutrient 
value of sludge, (4) legal, institutional, public health, economic, and 
other impediments to the greater utilization of treated sludge, and 
(5) any recommendations of the Administrator for legislation to 
encourage or require the expanded utilization of sludge for agricul-
Consultation. 
tural and other purposes. In carrying out this subsection, the Admin-
istrator shall consult with, and use the services of the Tennessee Valley 
Authority and other departments, agencies, and instrumentalities of 
the United States, to the extent it is appropriate to do so.". 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1609 
WATER SUPPLY-WASTEWATER TREATMENT COORDINATION 
Report to 
Congress, 
legislative 
recommendations. 
33 use 1375. 
SEC. 72. Section 516 of the Federal Water Pollution Control Act 
is amended by adding at the end thereof the following new subsection: 
"(e) The Administrator, in cooperation with the States, including 
water pollution control agencies, and other water pollution control 
planning agencies, and water supply and water resources agencies of 
the States and the United States shall submit to Congress, within two 
years of the date of enactment of this section, a report with recommen-
dations for legislation on a program to require coordination between 
water supply and wastewater control plans as a condition to grants for 
construction of treatment works under this Act. No such report shall be Public hearing, 
submitted except after opportunity for public hearings on such pro-
posed report.". 
EXISTING GUIDELINES 
Review and 
adjustments, 
publication. 
33 use 1314 
note. 
SEC. 73. Within 90 days after the date of enactment of this Act, the 
Administrator shall review every effluent guideline promulgated prior 
to the date of enactment of this Act which is final or interim final 
(other than those applicable to industrial categories listed in table 2 
of Committee Print Numbered 95-30 of the Committee on Public 
Works and Transportation of the House of Representatives) and which 
applies to those pollutants identified pursuant to section 304(a) (4) 
of the Federal Water Pollution Control Act. The Administrator shall Ante, p. 1587. 
review every guideline applicable to industrial categories listed in such 
table 2 on or before July 1,1980. Upon completion of each such review 
the Administrator is authorized to make such adjustments in any such 
guidelines as may be necessary to carry out section 304(b) (4) of such 
Act. The Administrator shall publish the results of each such review, 
including, with respect to each such guideline, the determination to 
adjust or not to adjust such guideline. Any such determination by the 
Administrator shall be final except that if, on judicial review in 
accordance with section 509 of such Act, it is determined that the 33 USe 1369 
Administrator either did not comply with the requirements of this 
section or the determination of the Administrator was based on arbi-
trary and capricious action in applying section 304(b)(4) of such 
Act to such guideline, the Administrator shall make a further review 
and redetermination of any such guideline. 
SEAFOOD PROCESSING STUDY 
33 use 1251 
note. 
SEC. 74. The Administrator of the Environmental Protection 
Agency shall conduct a study to examine the geographical, hydro-
logical, and biological characteristics of marine waters to determine 
the effects of seafood processes which dispose of untreated natural 
wastes into such waters. In addition, such study shall examine tech-
nologies which may be used in such processes to facilitate the use of 
the nutrients in these wastes or to reduce the discharge of such wastes 
into the marine environment. The results of such study shall be sub- Submittal to 
mitted to Congress not later than January 1, 1979. 
COST RECOVERY STUDY 
SEC. 75. (a) The Administrator of the Environmental Protection 
Agency (hereafter in this section referred to as the "Administrator") 
shall study the efficiency of, and the need for, the payment by indus-
trial users of any treatment works of that portion of the cost of 
33 use 1284 
note. 
91 STAT. 1610 
PUBLIC LAW 95-217—DEC. 27, 1977 
Report to 
Congress. 
Ante, p. 1574. 
Definitions. 
33 u s e 1251 
note. 
construction of such treatment works (as determined by the Adminis-
trator) which is allocable to the treatment of industrial wastes to 
the extent attributable to the Federal share of the cost of construction. 
Such study shall include, but not be limited to, an analysis of the 
impact of such a system of payment upon rural communities and on 
industries in economically distressed areas or areas of high unemploy-
ment. No later than the last day of the twelfth month which begins 
after the date of enactment of this section, the Administrator shall 
submit a report to the Congress setting forth the results of such study. 
(b) During the period beginning on the date of enactment of this 
section and ending on the last day of the eighteenth month which 
begins after the date of enactment of this section (both dates inclu-
sive), no officer or employee of the Federal Government shall enforce, 
or require any recipient of a grant under section 201(g) (1) of the 
Federal Water Pollution Control Act (33 U.S.C. 1284) to enforce, any 
provision in an application for a grant or in a grant agreement under 
such section which requires any payments by industrial users pursuant 
to section 204(b) (1) (B) of such Act. 
(c) For purposes of this section, the terms "industrial user" and 
"treatment works" have the same meaning given such terms in the 
Federal Water Pollution Control Act. 
(d) Any payment by an industrial user which, but for subsection 
(b) of this section, was due and payable during the eighteen-month 
period described in such subsection shall after such eighteen-month 
period be paid in accordance with the applicable provisions of the 
Federal Water Pollution Control Act in equal annual installments 
prorated over the remaining useful life of the treatment works with 
respect to which they are required to be paid. 
33 use 1344 
note. 
33 u s e 1344. 
33 u s e 401, 
403, 407. 
LAKE CHELAN DELEGATION 
SEC. 76. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to delegate to the State of Washington upon 
its request all or any part of those functions vested in such Secretary 
by section 404 of the Federal Water Pollution Control Act and by 
sections 9, 10, and 13 of the Act of March 3, 1899, relating to Lake 
Chelan, Washington, if the Secretary determines (1) that such State 
has the authority, responsibility, and capability to carry out such 
functions, and (2) that such delegation is in the public interest. Such 
delegation shall be subject to such terms and conditions as the Secre-
tary deems necessary, including, but not limited to, suspension and 
revocation for cause of such delegation. 
Land conveyance 
reimbursement. 
Appropriation 
authorization. 
SECONDARY TREATMENT FACILITY SITE 
SEC. 77. The Administrator of the Environmental Protection Agency 
shall reimburse the city of Boston, Massachusetts, an amount equal 
to 75 per centum, but not to exceed $1.5,000,000, of the cost of con-
structing a modern correctional detention facility on a site in such 
city, on condition that such city convey to the Commonwealth of 
Massachusetts all of its right, title, and interest in and to that real 
property owned by such city on Deer Island which is the site of the 
existing correctional detention facility for use by such Commonwealth 
as the site for a publicly owned treatment works providing secondary 
treatment. There is authorized to be appropriated $15,000,000 to carry 
out the purposes of this section. 
r = v; 
PUBLIC LAW 95-217—DEC. 27, 1977 
91 STAT. 1611 
TOTAL TREATMENT SYSTEM FUNDING 
i j 
SEC. 78. Notwithstanding any other provision of law, in any case 33 USC 1281a. 
where the Administrator of the Environmental Protection Agency 
finds that the total of all grants made under section 201 of the Federal 
Water Pollution Control Act for the same treatment works exceeds the 33 USC 1281. 
actual construction costs for such treatment works (as defined in that 
Act) such excess amount shall be a grant of the Federal share (as 
defined in that Act) of the cost of construction of a sewage collection 
system if— 
(1) such sewage collection system was constructed as part of 
the same total treatment system as the treatment works for which 
such section 201 grants Avere approved, and 
(2) an application for assistance for the construction of such 
sewage collection system was filed in accordance with section 702 
of the Housing and Urban Development Act of 1965 (42 U.S.C. 
3102) before all such section 201 grants were made and such sec-
tion 702 grant could not be approved due to lack of funding under 
such section 702. 
The total of all grants for sewage collection systems made under this Limitation, 
section shall not exceed $2,800,000. 
Approved December 27, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-139 (Comm. on Public Works and Transportation) and 
95-830 (Comm. of Conference). 
SENATE REPORT No. 95-370 accompanying S. 1952 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Apr. 5, considered and passed House. 
Aug. 4, considered and passed Senate, amended, in lieu of S. 1952. 
Dec. 15, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 53: 
Dec. 28, Presidential statement.