An original bill to extend certain authorizations in the Clean Water Act and for other purposes.
PL 96-483 (S.2725), enacted 10/21/1980

94 STAT. 2360 
PUBLIC LAW 96-483—OCT. 21, 1980 
Oct. 21, 1980 
[S. 2725] 
Clean Water 
Act, 
amendment. 
Appropriation 
authorization. 
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Public Law 96-483 
96th Congress 
An Act 
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To extend certain authorizations in the Clean Water Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) section 
104(u) of the Federal Water Pollution Control Act is amended— 
(1) in paragraph (1), by inserting after "September 30, 1980," 
the following: "and not to exceed $20,697,000 for the fiscal year 
ending September 30,1981, and not to exceed $22,770,000 for the 
fiscal year ending September 30,1982,"; 
(2) in paragraph (2), by striking out "and $3,000,000 for fiscal 
year 1980" and by inserting in lieu thereof "$3,000,000 for fiscal 
year 1980, $3,000,000 for fiscal year 1981, and $3,000,000 for fiscal 
year 1982"; and 
(3) in paragraph (3), by striking out "and $1,500,000 for fiscal 
year 1980" and inserting in lieu thereof "$1,500,000 for fiscal 
year 1980, "$1,500,000 for fiscal year 1981, and $1,500,000 for 
fiscal year 1982". 
(b) Section 106(a)(2) of the Federal Water Pollution Control Act is 
amended by inserting after "1980" a comma and the following: 
"$75,000,000 per fiscal year for the fiscal years 1981 and 1982". 
(c) Section 112(c) of the Federal Water Pollution Control Act is 
amended by striking out "and $7,000,000 for the fiscal year ending 
September 30, 1980" and inserting in lieu thereof "$7,000,000 for the 
fiscal year ending September 30, 1980, $7,000,000 for the fiscal year 
ending September 30,1981, and $7,000,000 for the fiscal year ending 
September 30,1982". 
(d) Section 208(f)(3) of the Federal Water Pollution Control Act is 
amended by inserting after "1980" a comma and the following: "and 
not to exceed $100,000,000 per fiscal year for the fiscal years ending 
September 30,1981, and September 30,1982". 
(e) Section 2O80')(9) of the Federal Water Pollution Control Act is 
amended by striking out "and $400,000,000 for fiscal year 1980" and 
inserting in lieu thereof ", $400,000,000 for fiscal year 1980, 
$100,000,000 for fiscal year 1981, and $100,000,000 for fiscal year 
1982". 
(f) Section 314(c)(2) of the Federal Water Pollution Control Act is 
amended by striking out "and $60,000,000 for fiscal year 1980" and 
inserting in lieu thereof "$60,000,000 for fiscal year 1980, $30,000,000 
for fiscal year 1981, and $30,000,000 for fiscal year 1982". 
(g) Section 517 of the Federal Water Pollution Control Act is 
amended by striking out "and $150,000,000 for the fiscal year ending 
September 30, 1980" and inserting in lieu thereof "$150,000,000 for 
the fiscal year ending September 30,1980, $150,000,000 for the fiscal 
year ending September 30,1981, and $161,000,000 for the fiscal year 
ending September 30,1982". 
SEC. 2. (a) Paragraph (1) of subsection (b) of section 204 of the 
Federal Water Pollution Control Act is amended by striking out 
PUBLIC LAW 96-483—OCT. 21, 1980 
94 STAT. 2361 
clause (B) in its entirety and striking out "(C)" and inserting in lieu 
thereof'XB)". 
(b) Subsection (b) of section 204 of the Federal Water Pollution 
Control Act is amended by striking out paragraph (3) in its entirety 
and paragraph (6) in its entirety and renumbering paragraphs (4) and 
(5) as paragraphs (8) and (4), respectively. 
(c) The Administrator of the Environmental Protection Agency 
shall take such action as may be necessary to remove from any grant 
made under section 201(g)(1) of the Federal Water Pollution Control 
Act after March 1, 1973, and prior to the date of enactment of this 
Act, any condition or requirement no longer applicable as a result of 
the repeals made by subsections (a) and (b) of this section or release 
any grant recipient of the obligations established by such conditions 
of other requirement. 
(d) Section 201(h) of the Federal Water Pollution Control Act is 
amended by striking out the last sentence. 
(e) The second sentence of section 213(d) of the Federal Water 
Pollution Control Act is amended by striking out "(1) all or any 
portion of the funds retained by such grantee under section 204(b)(3) 
ofthisAct,and(2)". 
(f)(1) Section 75(b) of the Federal Water Pollution Control Act of 
1977 (91 Stat. 1610) is hereby repealed. 
(2) Section 75(d) of the Clean Water Act of 1977 (91 Stat. 1610) is 
hereby repealed. 
(g) The amendments made by this section shall take effect on 
December 27,1977. 
SEC. 3. Section 201 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(k) No grant made after November 15, 1981, for a publicly owned 
treatment works, other than for facility planning and the prepara-
tion of construction plans and specifications, shall be used to treat, 
store, or convey the flow of any industrial user into such treatment 
works in excess of a flow per day equivalent to fifty thousand gallons 
per day of sanitary waste. This subsection shall not apply to any 
project proposed by a grantee which is carrying out an approved 
project to prepare construction plans and specifications for a facility 
to treat wastewater, which received its grant approval before May 15, 
1980.". 
SEC. 4. The Administrator of the Environmental Protection Agency 
shall study and report to the Congress not later than March 15,1981, 
on the effect of the amendment made by section 3 on the construction 
of publicly owned treatment works, industrial participation in 
publicly owned treatment works, treatment of industrial discharges, 
and the appropriate degree of Federal and non-Federal participation 
in the funding of publicly owned treatment works. 
SEC. 5. Section 206(fXl) of the Federal Water Pollution Control Act 
is amended— 
(1) by striking out "In any case where all funds allotted to a 
State under this title have been obligated under section 203 of 
this Act" and inserting in lieu thereof "In any case where a 
substantial portion of the funds allotted to a State for the current 
fiscal year under this title have been obligated under section 
201(g), or will be so obligated in a timely manner (as determined 
by the Administrator)"; and 
(2) by striking out the last sentence thereof and inserting in 
lieu the following: 
"The Administrator may not approve an application under this 
subsection unless an authorization is in effect for the first fiscal year 
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Grants. 
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note. 
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Repeal. 
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note. 
Repeal. 
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note. 
Effective date. 
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note. 
Grants. 
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Report to 
eongress. 
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Applications. 
94 STAT. 2362 
PUBLIC LAW 96-483—OCT. 21, 1980 
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note. 
Effective date. 
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eongressional 
notification. 
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Guidelines. 
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in the period for which the appHcation requests payment and such 
requested payment for that fiscal year does not exceed the State's 
expected allotment from such authorization. The Administrator shall 
not be required to make such requested payment for any fiscal year— 
"(A) to the extent that such payment would exceed such State's 
allotment of the amount appropriated for such fiscal year; and 
"(B) unless such payment is for a project which, on the basis of 
an approved funding priority list of such State, is eligible to 
receive such payment based on the allotment and appropriation 
for such fiscal year. 
To the extent that sufficient funds are not appropriated to pay the 
full Federal share with respect to a project for which obligations 
under the provisions of this subsection have been made, the Adminis-
trator shall reduce the Federal share to such amount less than 75 per 
centum as such appropriations do provide.". 
SEC. 6. Section 203(a) of the Federal Water Pollution Control Act is 
amended (1) by striking out "$2,000,000" and inserting in lieu thereof 
"$4,000,000", and (2) by striking out "$3,000,000" and inserting in lieu 
thereof "$5,000,000". 
SEC. 7. Notwithstanding section 205(d) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1285), sums allotted to the States for the 
fiscal year 1979 shall remain available for obligation for the fiscal 
year for which authorized and for the period of the next succeeding 
twenty-four months. The amount of any allotment not obligated by 
the end of such thirty-six month period shall be immediately reallot-
ted 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 1979 shall be 
allotted to any State which failed to obligate any of the funds being 
reallotted. Any sum made available to a State by reallotment under 
this section shall be in addition to any funds otherwise allotted to 
such State for grants under title II of the Federal Water Pollution 
Control Act during any fiscal year. This section shall take effect on 
September 30,1980. 
SEC. 8. Section 311(k) of the Federal Water Pollution Control Act is 
amended— 
(1) by inserting "(1)" after "(k)"; and 
(2) by adding the following new paragraph at the end thereof: 
"(2) The Secretary of Transportation shall notify the Congress 
whenever the unobligated balance of the fund is less than 
$12,000,000, and shall include in such notification a recommendation 
for a supplemental appropriation relating to the sums that are 
needed to maintain the fund at the level provided in paragraph (1).". 
SEC. 9. (a) The first sentence of section 202(a)(1) of the Federal 
Water Pollution Control Act is amended by striking the period and 
inserting in lieu thereof a comma and the following: "unless modified 
to a lower percentage rate uniform throughout a State by the 
Governor of that State with the concurrence of the Administrator. 
Within ninety days after the enactment of this sentence the Adminis-
trator shall issue guidelines for concurrence in any such modifica-
tion, which shall provide for the consideration of the unobligated 
balance of sums allocated to the State under section 205 of this Act, 
the need for assistance under this title in such State, and the 
availability of State grant assistance to replace the Federal share 
reduced by such modification. The payment of any such reduced 
Federal share shall not constitute an obligation on the part of the 
United States or a claim on the part of any State or grantee to 
PUBLIC LAW 96-483—OCT. 21, 1980 
94 STAT. 2363 
reimbursement for the portion of the Federal share reduced in any 
such State.". 
(b) The first sentence of section 202(a)(2) of the Federal Water 
Pollution Control Act is amended by inserting before the period a 
comma and the following: "unless modified by the Governor of the 
State with the concurrence of the Administrator to a percentage rate 
no less than 15 per centum greater than the modified uniform 
percentage rate in which the Administrator has concurred pursuant 
to paragraph (1) of this subsection". 
SEC. 10. Title I of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new section: 
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HUDSON RIVER PCB RECLAMATION DEMONSTRATION PROJECT 
"SEC. 116. (a) The Administrator is authorized to enter into con-
tracts and other agreements with the State of New York to carry out 
a project to demonstrate methods for the selective removal of poly-
chlorinated biphenyls contaminating bottom sediments of the 
Hudson River, treating such sediments as required, burying such 
sediments in secure landfills, and installing monitoring systems for 
such landfills. Such demonstration project shall be for the purpose of 
determining the feasibility of indefinite storage in secure landfills of 
toxic substances and of ascertaining the improvement of the rate of 
recovery of a toxic contaminated national waterway. No pollutants 
removed pursuant to this paragraph shall be placed in any landfill 
unless the Administrator first determines that disposal of the pollut-
ants in such landfill would provide a higher standard of protection of 
the public health, safety, and welfare than disposal of such pollutants 
by any other method including, but not limited to, incineration or a 
chemical destruction process. 
"(b) The Administrator is authorized to make grants to the State of 
New York to carry out this section from funds allotted to such State 
under section 205(a) of this Act, except that the amount of any such 
grant shall be equal to 75 per centum of the cost of the project and 
such grant shall be made on condition that non-Federal sources 
provide the remainder of the cost of such project. The authority of 
this section shall be available until September 30, 1983. Funds 
allotted to the State of New York under section 205(a) shall be 
available under this subsection only to the extent that funds are not 
available, as determined by the Administrator, to the State of New 
York for the work authorized by this section under section 115 or 311 
of this Act or a comprehensive hazardous substance response and 
clean up fund. Any funds used under the authority of this subsection 
shall be deducted from any estimate of the needs of the State of New 
York prepared under section 616(b) of this Act. The Administrator 
may not obligate or expend more than $20,000,000 to carry out this 
section.". 
SEC. 11. The first sentence of section 205(g)(1) of the Federal Water 
Pollution Control Act is amended by inserting "of the amount 
authorized under section 207 of this title for purposes" after "2 per 
centum". 
SEC. 12. The Administrator of the Environmental Protection 
Agency is authorized to make grants to States to undertake a 
demonstration program for the cleanup of State-owned abandoned 
mines which can be used as hazardous waste disposal sites. The State 
shall pay 10 per centum of project costs. At a minimum, the 
Administrator shall undertake projects under such program in the 
States of Ohio, Illinois, and West Virginia. There are authorized to be 
Contracts and 
agreements. 
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Grants. 
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eieanup grants. 
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Appropriation 
authorization. 
94 STAT. 2364 
PUBLIC LAW 96-483—OCT. 21, 1980 
appropriated $10,000,000 per fiscal year for each of the fiscal years 
ending September 30, 1982, September 30, 1983, and September 30, 
1984, to carry out this section. Such projects shall be undertaken in 
accordance with all applicable laws and regulations. 
Approved October 21, 1980. 
LEGISLATIVE HISTORY: 
SENATE REPORT No. 96-744 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 25, considered and passed Senate. 
Oct. 1, considered and passed House, amended; Senate concurred in House 
amendment.