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', f

I.' f

101 STAT. 49

"(A) after the order making the assessment has become final, or "(B) after a court in an action brought under paragraph (8) has entered a final judgment in favor of the Administrator or the Secretary, as the case may be, the Administrator or the Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpayment penalties which are unpaid as of the beginning of such quarter. "(10) SUBPOENAS.—The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this subsection. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. "(11) PROTECTION OF EXISTING PROCEDURES.—Nothing in this subsection shall change the procedures existing on the day before the date of the enactment of the Water Quality Act of 1987 under other subsections of this section for issuance and enforcement of orders by the Administrator.". (b) REPORTS ON ENFORCEMENT MECHANISMS.—The Secretary of the

r,,,

33 USC 1375

Army and the Administrator shall each prepare and submit a report note. to the Congress, not later than December 1, 1988, which shall examine and analyze various enforcement mechanisms for use by the Secretary or Administrator, as the case may be, including an administrative civil penalty mechanism. Each of such reports shall also include an examination, prepared in consultation with the Comptroller General, of the efficacy of the Secretary's or the Administrator's existing enforcement authorities and shall include recommendations for improvements in their operation. (c) CONFORMING AMENDMENT.—Section 505(a) is amended by

33 USC 1365.

inserting "and section 309(g)(6)" after "Except as provided in subsec- 33 USC 1319. tion (b) of this section". SEC. 315. CLEAN LAKES. (a) ESTABLISHMENT AND SCOPE OF PROGRAM.—Section 314(a) is 33 USC 1324. amended to read as follows:

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 101 STAT. 50

PUBLIC LAW 100-4—FEB. 4, 1987 "(a) ESTABLISHMENT AND SCOPE OF PROGRAM.— "(1) STATE PROGRAM REQUIREMENTS.—Each

State on a biennial basis shall prepare and submit to the Administrator for his approval— "(A) an identification and classification according to eutrophic condition of all publicly owned lakes in such State; "(B) a description of procedures, processes, and methods (including land use requirements), to control sources of pollution of such lakes; "(C) a description of methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality of such lakes; "(D) methods and procedures to mitigate the harmful effects of high acidity, including innovative methods of neutralizing and restoring buffering capacity of lakes and methods of removing from lakes toxic metals and other toxic substances mobilized by high acidity; Y "(E) a list and description of those publicly owned lakes in such State for which uses are known to be impaired, includ,,,, ing those lakes which are known not to meet applicable water quality standards or which require implementation of control programs to maintain compliance with applicable standards and those lakes in which water quality has deteriorated as a result of high acidity that may reasonably be due to acid deposition; and "(F) an assessment of the status and trends of water quality in lakes in such State, including but not limited to, the nature and extent of pollution loading from point and nonpoint sources and the extent to which the use of lakes is impaired as a result of such pollution, particularly with respect to toxic pollution. "(2) SUBMISSION AS PART OF 305(b)(1) REPORT.—The informa-

33 USC 1315.

State and local governments. Grants.

33 USC 1324.

tion required under paragraph (1) shall be included in the report required under section 305(b)(1) of this Act, beginning with the report required under such section by April 1, 1988. "(3) REPORT OF ADMINISTRATOR.—Not later than 180 days after ^ *' receipt from the States of the biennial information required under paragraph (1), the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of water quality in lakes in the United States, including the effectiveness of the methods and procedures described in paragraph (1)(D). "(4) ELIGIBILITY REQUIREMENT.—Beginning after April 1, 1988, a State must have submitted the information required under paragraph (1) in order to receive grant assistance under this section.", (b) DEMONSTRATION PROGRAM.—Section 314 is amended by adding at the end thereof the following new subsections: "(d) DEMONSTRATION PROGRAM.— "(1) GENERAL REQUIREMENTS.—The

Administrator is authorized and directed to establish and conduct at locations throughout the Nation a lake water quality demonstration program. The program shall, at a minimum—

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101 STAT. 51

"(A) develop cost effective technologies for the control of pollutants to preserve or enhance lake water quality while optimizing multiple lakes uses; "(B) control nonpoint sources of pollution which are contributing to the degradation of water quality in lakes; "(C) evaluate the feasibility of implementing regional consolidated pollution control strategies; "(D) demonstrate environmentally preferred techniques for the removal and disposal of contaminated lake sediments; "(E) develop improved methods for the removal of silt, stumps, aquatic growth, and other obstructions which impair the quality of lakes; "(F) construct and evaluate silt traps and other devices or equipment to prevent or abate the deposit of sediment in lakes; and "(G) demonstrate the costs and benefits of utilizing dredged material from lakes in the reclamation of despoiled land. "(2) GEOGRAPHICAL REQUIREMENTS.—Demonstration projects

authorized by this subsection shall be undertaken to reflect a variety of geographical and environmental conditions. As a priority, the Administrator shall undertake demonstration projects at Lake Houston, Texas; Beaver Lake, Arkanseis; Greenwood Lake and Belcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon Lake, New Jersey; Gorton's Pond, Rhode Island; Lake Washington, Rhode Island; Lake Bomoseen, Vermont; Sauk Lake, Minnesota; and Lake Worth, Texas. "(3) REPORTS.—The Administrator shall report annually to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate on work undertaken pursuant to this subsection. Upon completion of the program authorized by this subsection, the Administrator shall submit to such committees a final report on the results of such program, along with recommendations for further measures to improve the water quality of the Nation's lakes.

Texas. Arkansas. New Jersey. Rhode Island. Vermont. Minnesota.

"(4) AUTHORIZATION OF APPROPRIATIONS.—

"(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection not to exceed $40,000,000 for fiscal years beginning after September 30, 1986, to remain available until expended. "(B) SPECIAL AUTHORIZATIONS.—

"(i) AMOUNT.—There is authorized to be appropriated to carry out subsection (b) with respect to subsection (a)(l)(D) not to exceed $15,000,000 for fiscal years beginning after September 30, 1986, to remain available until expended. "(ii) DISTRIBUTION OF FUNDS.—The

Administrator

shall provide for an equitable distribution of sums appropriated pursuant to this subparagraph among States carrying out approved methods and procedures. Such distribution shall be based on the relative needs of each such State for the mitigation of the harmful effects on lakes and other surface waters of high acidity that may reasonably be due to acid deposition or acid mine drainage.

State and local governments.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/82

 101 STAT. 52 State and local governments.

33 USC 1314. State and local governments.

33 USC 1324.

PUBLIC LAW 100-4—FEB. 4, 1987 to ioijijo? • - "(iii)

GRANTS

AS ADDITIONAL

ASSISTANCE.—The

'"i'dw cJ

amount of any grant to a State under this subparagraph shall be in addition to, and not in lieu of, any other Federal financial assistance.". (c) LAKE RESTORATION GUIDANCE MANUAL.—Section 304(j) is amended to read as follows: "(j) LAKE RESTORATION GUIDANCE MANUAL.—The Administrator shall, within 1 year after the date of the enactment of the Water Quality Act of 1987 and biennially thereafter, publish and disseminate a lake restoration guidance manual describing methods, procedures, and processes to guide State and local efforts to improve, restore, and enhance water quality in the Nation's publicly owned lakes.". (d) CONFORMING AMENDMENTS.—Section 314 is further amended—

(1) in subsection (b) by striking out "this section" the first place it appears and inserting in lieu thereof "subsection (a) of this section"; (2) in subsection (c)(1) by striking out "this section" the first place it appears and inserting in lieu thereof "subsection (b) of this section" and by striking out "this section" the second place it appears and inserting in lieu thereof "subsection (a) of this section"; and (3) in subsection (c)(2) by striking out "this section" the first place it appears and inserting in lieu thereof "subsection (b) of this section" and by striking out "this section" the second place it appears and inserting in lieu thereof "subsection (a) of this section". SEC. 316. MANAGEMENT OF NONPOINT SOURCES OF POLLUTION.

33 USC 1329.

(a) IN GENERAL.—Title III is amended by adding at the end the following new section: "SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS. ' "(a) STATE ASSESSMENT REPORTS.—

 * (.-,70 •i..:'<j'3

"(1) CONTENTS.—The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which— "(A) identifies those navigable waters within the State which, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this Act; "(B) identifies those categories and subcategories of nonpoint sources or, where appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under subparagraph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and -^f>t requirements; "(C) describes the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control each category and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent m,. practicable, the level of pollution resulting from such category, subcategory, or source; and

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 PUBLIC LAW 100-4—FEB. 4, 1987 "(D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navigable waters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i). "(2) INFORMATION USED IN PREPARATION.—In developing the report required by this section, the State (A) may rely upon information developed pursuant to sections 208, 303(e), 304(f), 305(b), and 314, and other information as appropriate, and (B) may utilize appropriate elements of the waste treatment management plans developed pursuant to sections 208(b) and 303, to the extent such elements are consistent with and fulfill the requirements of this section.

101 STAT. 53

33 USC 1288, 1^13, 1314, 1315, 1324.

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'(b) STATE MANAGEMENT PROGRAMS.—

"(1) IN GENERAL.—The Governor of each State, for that State or in combination with adjacent States, shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval a management program which such State proposes to implement in the first four fiscal years beginning after the date of submission of such management program for controlling pollution added from nonpoint sources to the navigable waters within the State and improving the quality of such waters. "(2) SPECIFIC CONTENTS.—Each management program proposed for implementation under this subsection shall include each of the following: "(A) An identification of the best management practices and measures which will be undertaken to reduce pollutant loadings resulting from each category, subcategory, or particular nonpoint source designated under paragraph (1)(B), taking into account the impact of the practice on i ' ground water quality. "(B) An identification of programs (including, as appropriate, nonregulatory or regulatory programs for enforcement, technical assistance, financial assistance, education, training, technology transfer, and demonstration projects) to achieve implementation of the best management practices by the categories, subcategories, and particular nonpoint sources designated under subparagraph (A). "(C) A schedule containing annual milestones for (i) utilization of the program implementation methods identified in subparagraph (B), and (ii) implementation of the best O A management practices identified in subparagraph (A) by the categories, subcategories, or particular nonpoint sources designated under paragraph (I)(B). Such schedule shall provide for utilization of the best management practices at the " ^ earliest practicable date. "(D) A certification of the attorney general of the State or States (or the chief attorney of any State water pollution control agency which has independent legal counsel) that the laws of the State or States, as the case may be, provide adequate authority to implement such management program or, if there is not such adequate authority, a list of such additional authorities as will be necessary to implement such management program. A schedule and

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 54 ,f,

J,

3 CFR, 1982 Comp., p. 197.

_

commitment by the State or States to seek such additional authorities as expeditiously as practicable. "(E) Sources of Federal and other assistance and funding (other than assistance provided under subsections (h) and (i)) which will be available in each of such fiscal years for supporting implementation of such practices and measures and the purposes for which such assistance will be used in each of such fiscal years. "(F) An identification of Federal financial assistance programs and Federal development projects for which the State will review individual assistance applications or development projects for their effect on water quality pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983, to determine whether such assistance applications or development projects would be consistent with the program prepared under this subsection; for the purposes of this subparagraph, identification shall not be limited to the assistance programs or development projects subject to Executive Order 12372 but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the State's nonpoint source pollution management program. "(3) UTILIZATION OF LOCAL AND PRIVATE EXPERTS.—In develop-

ing and implementing a management program under this subsection, a State shall, to the maximum extent practicable, involve local public and private agencies and organizations which have expertise in control of nonpoint sources of pollution. "(4) DEVELOPMENT ON WATERSHED BASIS.—A State shall, to the maximum extent practicable, develop and implement a management program under this subsection on a watershed-by-watershed basis within such State. "(c) ADMINISTRATIVE PROVISIONS.—

Reports. State and local governments.

33 USC 1288. 33 USC 1285.

"(1) COOPERATION REQUIREMENT.—Any report required by

subsection (a) and any management program and report required by subsection (b) shall be developed in cooperation with local, substate regional, and interstate entities which are actively planning for the implementation of nonpoint source pollution controls and have either been certified by the Administrator in accordance with section 208, have worked jointly with the State on water quality management planning under section 205(j), or have been designated by the State legislative body or Governor as water quality management planning agencies for their geographic areas. "(2) TIME PERIOD FOR SUBMISSION OF REPORTS AND MANAGE-

MENT PROGRAMS.—Each report and management program shall bie submitted to the Administrator during the 18-month period beginning on the date of the enactment of this section. "(d) APPROVAL OR DISAPPROVAL OF REPORTS AND MANAGEMENT PROGRAMS.—

"(1) DEADLINE.—Subject to paragraph (2), not later than 180 days after the date of submission to the Administrator of any report or management program under this section (other than subsections (h), (i), and (k)), the Administrator shall either approve or disapprove such report or management program, as the case may be. The Administrator may approve a portion of a ^ management program under this subsection. If the Adminis-

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101 STAT. 55

trator does not disapprove a report, management program, or portion of a management program in such 180-day period, such report, management program, or portion shall be deemed approved for purposes of this section. "(2) PROCEDURE FOR DISAPPROVAL.—If, after notice and opportunity for public comment and consultation with appropriate Federal and State agencies and other interested persons, the Administrator determines that— "(A) the proposed management program or any portion thereof does not meet the requirements of subsection (b)(2) of this section or is not likely to satisfy, in whole or in part, the goals and requirements of this Act; "(B) adequate authority does not exist, or adequate resources are not available, to implement such program or portion; "(C) the schedule for implementing such program or portion is not sufficiently expeditious; or "(D) the practices and measures proposed in such program or portion are not adequate to reduce the level of pollution in navigable waters in the State resulting from nonpoint sources and to improve the quality of navigable waters in the State; the Administrator shall within 6 months of the receipt of the proposed program notify the State of any revisions or modifications necessary to obtain approval. The State shall thereupon have an additional 3 months to submit its revised management program and the Administrator shall approve or disapprove such revised program within three months of receipt.

•-.;' ^••'' '

state and local governments,

"(3) FAILURE OF STATE TO SUBMIT REPORT.—If a Governor of a

State does not submit the report required by subsection (a) within the period specified by subsection (c)(2), the Administrator shall, within 30 months after the date of the enactment of this section, prepare a report for such State which makes the identifications required by paragraphs (1)(A) and (1)(B) of subsection (a). Upon completion of the requirement of the preceding sentence and after notice and opportunity for comment, the Administrator shall report to Congress on his actions pursuant to this section. "(e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL ASSISTANCE.—If a

State fails to submit a management program under subsection (b) or the Administrator does not approve such a management program, a local public agency or organization which has expertise in, and authority to, control water pollution resulting from nonpoint sources in any area of such State which the Administrator determines is of sufficient geographic size may, with approval of such State, request the Administrator to provide, and the Administrator shall provide, technical assistance to such agency or organization in developing for such area a management program which is described in subsection (b) and can be approved pursuant to subsection (d). After development of such management program, such agency or organization shall submit such management program to the Administrator for approval. If the Administrator approves such management program, such agency or organization shall be eligible to receive financial assistance under subsection (h) for implementation of such management program as if such agency or organization were a State for which a report submitted under subsection (a) and a management program submitted under subsection (b) were approved

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 101 S T A T. 56

P U B L I C L A W 1 0 0 - 4 — F E B. 4, 1987 under this section. Such financial assistance shall be subject to the s a m e term s and conditions as assistance provided to a State under subsection (h). "(f) T E C H N I C A L ASSISTANCE FOR STATES.—Upon r e q u e s t of a State,

the Administrator may provide technical assistance to such State in developing a m a n a g e m e n t program approved under subsection (b) for those portions of the navigable w a t e r s requested by such State. "(g) INTERSTATE M A N A G E M E N T C O N F E R E N C E. —

State and local governments.

,,. • .- •^>_ •

43 USC 1571 note. 38 USC 1365.

"(1) CONVENING OF CONFERENCE; NOTIFICATION; PURPOSE.—If any portion of the navigable w a t e r s in any State which is, ^ •: implementing a m a n a g e m e n t program approved under this section is not meeting applicable w a t e r quality standard s or the goals and requirements of this Act a s a result, in whole or in tn part, of pollution from nonpoint sources in a n other State, such State may petition the A d m i n i s t r a to r to convene, and the rr Administrator shall convene, a m a n a g e m e n t conference of all States which contribute significant pollution resulting from nonpoint sources to such portion. If, on the basis of information available, the A d m i n i s t r a to r determine s that a State is not meeting applicable w a t e r quality standard s or the goals and requirements of this Act a s a result, in whole or in part, of significant pollution from nonpoint sources in a n other State,
 * j
 * 'K * the A d m i n i s t r a to r shall notify such States. The A d m i n i s t r a to r

may convene a m a n a g e m e n t conference under this paragraph not later than 180 days after giving such notification, w h e the r or not the State which is not meeting such standard s requests such conference. The purpose of such conference shall be to develop a n a g r e e m e n t among such States to reduce the level of & ')•• pollution in such portion resulting from nonpoint sources and to improve the w a t e r quality of such portion. Nothing in such a g r e e m e n t shall supersede or abrogate rights to quantities of w a t e r which have been established by i n t e r s t a t e w a t e r compacts, S u p r e m e Court decrees, or State w a t e r laws. This subsection shall not apply to any pollution which is subject to the Colorado River Basin Salinity Control Act. The requirement that the A d m i n i s t r a to r convene a m a n a g e m e n t conference shall not be subject to the provisions of section 505 of this Act. "(2) STATE M A N A G E M E N T PROGRAM REQUIREMENT. — To

'"

State and local governments.

33 USC 1285.

the

extent that the States reach a g r e e m e n t through such conference, the m a n a g e m e n t program s of the States which a r e parties to such a g r e e m e n t s and which contribute significant pollution to the navigable w a t e r s or portions thereof not meeting applicable w a t e r quality standard s or goals and requirements of this Act will be revised to reflect such agreement. Such m a n a g e m e n t programs shall be consistent with Federal and State law. "(h) G R A N T PROGRAM.— "(1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT PROGRAMS.—Upon application of a State for which a report submit, ted under subsection (a) and a m a n a g e m e n t program submitted under subsection (b) is approved under this section, the A d m i n i s t r a to r shall m a k e g r a n t s, subject to such term s and conditions a s the A d m i n i s t r a to r considers appropriate, under this subsection to such State for the purpose of assisting the State in implementing such m a n a g e m e n t program. Funds reserved pursuant to section 205(j)(5) of this Act may be used to j.t¥t develop and implement such m a n a g e m e n t program.
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Page:United States Statutes at Large Volume 101 Part 1.djvu/87

 PUBLIC LAW 100-4—FEB. 4, 1987 "(2) APPLICATIONS.—An application for a grant under this subsection in any fiscal year shall be in such form and shall contain such other information as the Administrator may require, including an identification and description of the best management practices and measures which the State proposes to assist, encourage, or require in such year with the Federal assistance to be provided under the grant. "(3) FEDERAL SHARE.—The Federal share of the cost of each management program implemented with Federal assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost incurred by the State in implementing such management program and shall be made on condition that the non-Federal share is provided from non-Federal sources.

101 STAT. 57

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"(4) LIMITATION ON GRANT AMOUNTS.—Notwithstanding any

other provision of this subsection, not more than 15 percent of the amount appropriated to carry out this subsection may be used to make grants to any one State, including any grants to any local public agency or organization with authority to control pollution from nonpoint sources in any area of such State. "(5) PRIORITY FOR EFFECTIVE MECHANISMS.—For each fiscal year beginning after September 30, 1987, the Administrator may give priority in making grants under this subsection, and shall give consideration in determining the Federal share of any such grant, to States which have implemented or are proposing to implement management programs which will— "(A) control particularly difficult or serious nonpoint source pollution problems, including, but not limited to, problems resulting from mining activities; "(B) implement innovative methods or practices for controlling nonpoint sources of pollution, including regulatory programs where the Administrator deems appropriate; "(C) control interstate nonpoint source pollution problems; or "(D) carry out ground water quality protection activities which the Administrator determines are part of a comprehensive nonpoint source pollution control program, including research, planning, ground water assessments, demonstration programs, enforcement, technical assistance, education, and training to protect ground water quality from nonpoint sources of pollution. "(6) AVAILABILITY FOR OBLIGATION.—The funds granted to each State pursuant to this subsection in a fiscal year shall remain available for obligation by such State for the fiscal year for which appropriated. The amount of any such funds not obligated by the end of such fiscal year shall be available to the Administrator for granting to other States under this subsection in the next fiscal year. "(7) LIMITATION ON USE OF FUNDS.—States may use funds from grants made pursuant to this section for financial assistance to persons only to the extent that such assistance is related to the costs of demonstration projects. "(8) SATISFACTORY PROGRESS.—No grant may be made under this subsection in any fiscal year to a State which in the preceding fiscal year received a grant under this subsection unless the Administrator determines that such State made

Minerals and mining.

Research and development. Education.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/88

 101 STAT. 58

Reports.

Education. Science and technology.

State and local governments. Research and development. Education.

PUBLIC LAW 100-4—FEB. 4, 1987 satisfactory progress in such preceding fiscal year in meeting the schedule specified by such State under subsection (b)(2). "(9) MAINTENANCE OF EFFORT.—No grant may be made to a State under this subsection in any fiscal year unless such State enters into such agreements with the Administrator as the Administrator may require to ensure that such State will maintain its aggregate expenditures from all other sources for programs for controlling pollution added to the navigable waters in such State from nonpoint sources and improving the quality of such waters at or above the average level of such expenditures in its two fiscal years preceding the date of enactment of this subsection "(10) REQUEST FOR INFORMATION.—The Administrator may request such information, data, and reports as he considers necessary to make the determination of continuing eligibility for grants under this section. "(11) REPORTING AND OTHER REQUIREMENTS.—Each State shall report to the Administrator on an annual basis concerning (A) its progress in meeting the schedule of milestones submitted pursuant to subsection (b)(2)(C) of this section, and (B) to the extent that appropriate information is available, reductions in nonpoint source pollutant loading and improvements in water quality for those navigable waters or watersheds within the State which were identified pursuant to subsection (a)(l)(A) of this section resulting from implementation of the management program. "(12) LIMITATION ON ADMINISTRATIVE COSTS.—For purposes of

this subsection, administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs carried out with a grant under this subsection shall not exceed in any fiscal year 10 percent of the amount of the grant in such year, except that costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer programs shall not be subject to this limitation. '(i) GRANTS FOR PROTECTING GROUNDWATER QUALITY.— "(1) ELIGIBLE APPLICANTS AND ACTIVITIES.—Upon application

of a State for which a report submitted under subsection (a) and a plan submitted under subsection (b) is approved under this section, the Administrator shall make grants under this subsection to such State for the purpose of assisting such State in carrying out groundwater quality protection activities which the Administrator determines will advance the State toward implementation of a comprehensive nonpoint source pollution control program. Such activities shall include, but not be limited to, research, planning, groundwater assessments, demonstration programs, enforcement, technical assistance, education and training to protect the quality of groundwater and to prevent contamination of groundwater from nonpoint sources of pollution. "(2) APPLICATIONS.—An application for a grant under this subsection shall be in such form and shall contain such information as the Administrator may require. "(3) FEDERAL SHARE; MAXIMUM AMOUNT.—The Federal share of the cost of assisting a State in carrying out groundwater protection activities in any fiscal year under this subsection shall be 50 percent of the costs incurred by the State in carrying

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out such activities, except that the maximum amount of Federal assistance which any State may receive under this subsection in any fiscal year shall not exceed $150,000. "(4) REPORT.—The Administrator shall include in each report transmitted under subsection (m) a report on the activities and programs implemented under this subsection during the preceding fiscal year, "(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out subsections (h) and (i) not to exceed $70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year 1991; except that for each of such fiscal years not to exceed $7,500,000 may be made available to carry out subsection (i). Sums appropriated pursuant to this subsection shall remain available until expended. "(k) CONSISTENCY OF OTHER PROGRAMS AND PROJECTS WITH MANAGEMENT PROGRAMS.—The Administrator shall transmit to the

State and local governments.

Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by each State under subsection (b)(2)(F) for which individual assistance applications and projects will be reviewed pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983. Beginning not later 3 CFR, 1983 than sixty days after receiving notification by the Administrator, Comp., p. 186. each Federal department and agency shall modify existing regula- Regulations. tions to allow States to review individual development projects and assistance applications under the identified Federal assistance programs and shall accommodate, according to the requirements and definitions of Executive Order 12372, as in effect on September 17, 1983, the concerns of the State regarding the consistency of such applications or projects with the State nonpoint source pollution management program. "(1) COLLECTION OF INFORMATION.—The Administrator shall collect and make available, through publications and other appropriate means, information pertaining to management practices and implementation methods, including, but not limited to, (1) information concerning the costs and relative efficiencies of best management practices for reducing nonpoint source pollution; and (2) available data concerning the relationship between water quality and implementation of various management practices to control nonpoint sources of pollution, "(m) REPORTS OF ADMINISTRATOR.— "(1) ANNUAL REPORTS.—Not later

>.

than January 1, 1988, and each January 1 thereafter, the Administrator shall transmit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate, a report for the preceding fiscal year on the activities and programs implemented under this section and the progress made in reducing pollution in the navigable waters resulting from nonpoint sources and improving the quality of such waters. "(2) FINAL REPORT.—Not later than January 1, 1990, the Administrator shall transmit to Congress a final report on the activities carried out under this section. Such report, at a minimum, shall— "(A) describe the management programs being implemented by the States by types and amount of affected navigable waters, categories and subcategories of nonpoint

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 101 STAT. 60

PUBLIC LAW 100-4—FEB. 4, 1987 fvt fif '

sources, and types of best management practices being implemented; "(B) describe the experiences of the States in adhering to schedules and implementing best management practices; "(C) describe the amount and purpose of grants awarded .', pursuant to subsections (h) and (i) of this section; "(D) identify, to the extent that information is available, the progress made in reducing pollutant loads and improving water quality in the navigable waters; "(E) indicate what further actions need to be taken to attain and maintain in those navigable waters (i) applicable water quality standards, and (ii) the goals and requirements of this Act; "(F) include recommendations of the Administrator concerning future programs (including enforcement programs) for controlling pollution from nonpoint sources; and "(G) identify the activities and programs of departments, agencies, and instrumentalities of the United States which are inconsistent with the management programs submitted by the States and recommend modifications so that such activities and programs are consistent with and assist the States in implementation of such management programs. "(n) SET ASIDE FOR ADMINISTRATIVE PERSONNEL.—Not less than 5 percent of the funds appropriated pursuant to subsection (j) for any fiscal year shall be available to the Administrator to maintain personnel levels at the Environmental Protection Agency at levels which are adequate to carry out this section in such year.". (b) PoucY FOR CONTROL OF NONPOINT SOURCES OF POLLUTION.—

33 USC 1251.

33 USC 1281.

Grants. Ante, p. 52. 33 USC 1285. State and local governments.

Ante, p. 52.

Section 101(a) is amended by striking out "and" at the end of paragraph (5), by striking out the period at the end of paragraph (6) and inserting in lieu thereof "; and", and by adding at the end thereof the following: "(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this Act to be met through the control of both point and nonpoint sources of pollution.". (c) ELIGIBILITY OF NONPOINT SOURCES.—The last sentence of section 201(g)(l) is amended by— (1) striking out "sentence," the first place it appears and inserting in lieu thereof "sentences,"; (2) inserting "(A)" after "October 1, 1984, for"; and (3) inserting before "except that" the following: "and (B) any purpose for which a grant may be made under sections 319(h) and (i) of this Act (including any innovative and alternative approaches for the control of nonpoint sources of pollution),". (d) RESERVATION OP FUNDS.—Section 205(j) is amended by adding

at the end the following new pargigraph: "(5) NONPOINT SOURCE RESERVATION.—In addition to the sums reserved under paragraph (1), the Administrator shall reserve each fiscal year for each State 1 percent of the sums allotted B and available for obligation to such State under this section for each fiscal year beginning on or after October 1, 1986, or $100,000, whichever is greater, for the purpose of carrying out section 319 of this Act. Sums so reserved in a State in any fiscal year for which such State does not request the use of such sums,

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to the extent such sums exceed $100,000, may be used by such State for other purposes under this title.". (e) CONFORMING AMENDMENT.—Section 304(k)(l) is amended by

33 USC 1314

inserting "and nonpoint source pollution management programs approved under section 319 of this Act" after "208 of this Act". Ante, p. 52; 33 SEC. 317. NATIONAL ESTUARY PROGRAM. (a) PURPOSES AND POLICIES.—

u s e 1288. 33 USC 1330 note.

(1) FINDINGS.—Congress finds and declares that— (A) the Nation's estuaries are of great importance for fish and wildlife resources and recreation and economic opportunity; (B) maintaining the health and ecological integrity of these estuaries is in the national interest; (C) increasing coastal population, development, and other direct and indirect uses of these estuaries threaten their health and ecological integrity; (D) long-term planning and management will contribute to the continued productivity of these areas, and will maximize their utility to the Nation; and (E) better coordination among Federal and State programs affecting estuaries will increase the effectiveness and efficiency of the national effort to protect, preserve, and restore these areas. (2) PURPOSES.—The purposes of this section are to— (A) identify nationally significant estuaries that are threatened by pollution, development, or overuse; (B) promote comprehensive planning for, and conservation and management of, nationally significant estuaries; (C) encourage the preparation of management plans for estuaries of national significance; and (D) enhance the coordination of estuarine research.

,,;., •itjK( hi.,.:

.

(b) MANAGEMENT PROGRAM.—Title III is amended by adding at the

end thereof the following new section: "SEC. 320. NATIONAL ESTUARY PROGRAM. "(a) MANAGEMENT CONFERENCE.— "(1) NOMINATION OF ESTUARIES.—The

Governor of any State may nominate to the Administrator an estuary lying in whole or in part within the State as an estuary of national significance and request a management conference to develop a comprehensive management plan for the estuary. The nomination shall document the need for the conference, the likelihood of success, and information relating to the factors in paragraph (2).

33 USC 1330. State and local governments.

"(2) CONVENING OF CONFERENCE.—

!.>rr

"(A) IN GENERAL.—In any case where the Administrator Fish and fishing. determines, on his own initiative or upon nomination of a Wildlife. State under paragraph (1), that the attainment or maintenance of that water quality in an estuary which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water, requires the control of point and nonpoint sources of pollution to supplement existing controls of pollution in more than one State, the Administrator shall select such estuary and convene a management conference.

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text: All Quiet along the Potomac and other poems/Straw Paper


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Page:United States Statutes at Large Volume 101 Part 1.djvu/92

 101 STAT. 62 New York. Connecticut. Klchusetts Washington. New Jersey. Delawe. Florida "^' California. Texas.

PUBLIC LAW 100-4—FEB. 4, 1987 4,js ' '"'

"(B) PRIORITY CONSIDERATION.—The Administrator shall give priority consideration under this section to Long Island Sound, New York and Connecticut; Narragansett Bay, Rhode Island; Buzzards Bay, Massachusetts; Puget Sound, Washington; New York-New Jersey Harbor, New York and New Jersey; Delaware Bay, Delaware and New Jersey; Delaware Inland Bays, Delaware; Albemarle Sound, North Carolina; Sarasota Bay, Florida; San Francisco Bay, California; and Galveston Bay, Texas. "(3) BOUNDARY DISPUTE EXCEPTION.—In any case in which a boundary between two States passes through an estuary and such boundary is disputed and is the subject of an action in any ''! court, the Administrator shall not convene a management conference with respect to such estuary before a final adjudication has been made of such dispute. "(b) PURPOSES OF CONFERENCE.—The purposes of any management conference convened with respect to an estuary under this subsection shall be to— "(1) assess trends in water quality, natural resources, and uses of the estuary; "(2) collect, characterize, and assess data on toxics, nutrients, and natural resources within the estuarine zone to identify the causes of environmental problems; "(3) develop the relationship between the inplace loads and point and nonpoint loadings of pollutants to the estuarine zone and the potential uses of the zone, water quality, and natural resources; "(4) develop a comprehensive conservation and management plan that recommends priority corrective actions and compliance schedules addressing point and nonpoint sources of pollution to restore and maintain the chemical, physical, and biological integrity of the estuary, including restoration and maintenance of water quality, a balanced indigenous population of shellfish, fish and wildlife, and recreational activities in the ,}-. ^ ., estuary, and assure that the designated uses of the estuary are protected; "(5) develop plans for the coordinated implementation of the plan by the States as well as Federal and local agencies participating in the conference; "(6) monitor the effectiveness of actions taken pursuant to the plan; and "(7) review all Federal financial assistance programs and Federal development projects in accordance with the requirements of Executive Order 12372, as in effect on Septem3 CFR, 1982 ber 17, 1983, to determine whether such assistance program or Comp., p. 197. project would be consistent with and further the purposes and objectives of the plan prepared under this section. For purposes of paragraph (7), such programs and projects shall not be limited to the assistance programs and development projects subject to Executive Order 12372, but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the plan developed under this section. "(c) MEMBERS OF CONFERENCE.—The members of a management conference convened under this section shall include, at a minimum, the Administrator and representatives of^

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101 STAT. 63

"(1) each State and foreign nation located in whole or in part in the estuarine zone of the estuary for which the conference is convened; "(2) international, interstate, or regional agencies or entities having jurisdiction over all or a significant part of the estuary; "(3) each interested Federal agency, as determined appropriate by the Administrator; "(4) local governments having jurisdiction over any land or water within the estuarine zone, as determined appropriate by the Administrator; and "(5) affected industries, public and private educational institutions, and the general public, as determined appropriate by the Administrator. "(d) UTILIZATION OF EXISTING DATA.—In developing a conservation Conservation. and management plan under this section, the management con- State and local ference shall survey and utilize existing reports, data, and studies governments. relating to the estuary that have been developed by or made available to Federal, interstate. State, and local agencies. "(e) PERIOD OF CONFERENCE.—A management conference convened under this section shall be convened for a period not to exceed 5 years. Such conference may be extended by the Administrator, and if terminated after the initial period, may be reconvened by the Administrator at any time thereafter, as may be necessary to meet the requirements of this section. "(f) APPROVAL AND IMPLEMENTATION OF PLANS.—

"(1) APPROVAL.—Not later than 120 days after the completion of a conservation and management plan and after providing for public review and comment, the Administrator shall approve such plan if the plan meets the requirements of this section and the affected Governor or Governors concur. "(2) IMPLEMENTATION.—Upon approval of a conservation and management plan under this section, such plan shall be implemented. Funds authorized to be appropriated under titles II and VI and section 319 of this Act may be used in accordance with 33 USC 1281; the applicable requirements of this Act to assist States with the ante, p. 52. implementation of such plan. "(g) GRANTS.—

"(1) RECIPIENTS.—The Administrator is authorized to make grants to State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals. "(2) PURPOSES.—Grants under this subsection shall be made to pay for assisting research, surveys, studies, and modeling and other technical work necessary for the development of a conservation and management plan under this section. "(3) FEDERAL SHARE.—The amount of grants to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year shall not exceed 75 percent of the costs of such research, survey, studies, and work and shall be made on condition that the non-Federal share of such costs are provided from non-Federal sources. "(h) GRANT REPORTING.—Any person (including a State, inter-

state, or regional agency or entity) that receives a grant under subsection (g) shall report to the Administrator not later than 18 months after receipt of such grant and biennially thereafter on the progress being made under this section.

State and local governments.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/94

 101 STAT. 64

PUBLIC LAW 100-4—FEB. 4, 1987 "(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator not to exceed $12,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991 for— "(1) expenses related to the administration of management conferences under this section, not to exceed 10 percent of the amount appropriated under this subsection; "(2) making grants under subsection (g); and "(3) monitoring the implementation of a conservation and management plan by the management conference or by the Administrator, in any case in which the conference has been terminated. The Administrator shall provide up to $5,000,000 per fiscal year of the sums authorized to be appropriated under this subsection to the

If

A d m i n i s t r a to r of the National Oceanic and Atmospheric Administration to carry out subsection (j). "(j) RESEARCH.— "(1) PROGRAMS.—In order to determine the need to convene a m a n a g e m e n t conference under this section or a t the request of such a m a n a g e m e n t conference, the A d m i n i s t r a to r shall coordi-

,.^f »•'.^^•. tt"

^ • 'i

nate and implement, through the National Marine Pollution Program Office and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration, as appropriate, for one or more estuarine zones— "(A) a long-term program of trend assessment monitoring 0/ « measuring variations in pollutant concentrations, marine ecology, and other physical or biological environmental parameters which may affect estuarine zones, to provide hiii, the Administrator the capacity to determine the potential and actual effects of alternative management strategies and measures; "(B) a program of ecosystem assessment assisting in the development of (i) baseline studies which determine the state of estuarine zones and the effects of natural and -.^ anthropogenic changes, and (ii) predictive models capable of translating information on specific discharges or general pollutant loadings within estuarine zones into a set of -probable effects on such zones; "(C) a comprehensive water quality sampling program for the continuous monitoring of nutrients, chlorine, acid precipitation dissolved oxygen, and potentially toxic pollutants (including organic chemicals and metals) in estuarine .,i ':) zones, after consultation with interested State, local, interstate, or international agencies and review and analysis of all environmental sampling data presently collected from estuarine zones; and no? "(D) a program of research to identify the movements of nutrients, sediments and pollutants through estuarine zones and the impact of nutrients, sediments, and pollutants on water quality, the ecosystem, and designated or potential uses of the estuarine zones. "(2) REPORTS.—The Administrator, in cooperation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the Congress no less often than biennially a comprehensive report on the activities authorized under this subsection including— "(A) a listing of priority monitoring and research needs;

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Page:United States Statutes at Large Volume 101 Part 1.djvu/95

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101 STAT. 65

iv,

"(B) an assessment of the state and health of the Nation's estuarine zones, to the extent evaluated under this .,> j^ subsection; ' ' "(C) a discussion of pollution problems and trends in '. f pollutant concentrations with a direct or indirect effect on water quality, the ecosystem, and designated or potential uses of each estuarine zone, to the extent evaluated under this subsection; and "(D) an evaluation of pollution abatement activities and management measures so far implemented to determine the degree of improvement toward the objectives expressed f^rtV'. f' jjj subsection (b)(4) of this section. "(k) DEFINITIONS.—For purposes of this section, the terms 'estuary' and 'estuarine zone' have the meanings such terms have in section 104(n)(4) of this Act, except that the term 'estuarine zone' 33 USC 1254. shall also include associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migration of anadromous fish or the historic head of tidal influence, -«^ whichever is higher.". SEC. 318. UNCONSOLIDATED QUATERNARY AQUIFER.

Notwithstanding any other provision of law, no person may— (1) locate or authorize the location of a landfill, surface impoundment, waste pile, injection well, or land treatment facility over the Unconsolidated Quaternary Aquifer, or the recharge zone or streamflow source zone of such aquifer, in the Rockaway River Basin, New Jersey (as such aquifer and zones are described in the Federal Register, January 24, 1984, pages 2946-2948); or (2) place or authorize the placement of solid waste in a landfill, surface impoundment, waste pile, injection well, or land treatment facility over such aquifer or zone. This section may be enforced under sections 309(a) and (b) of the Federal Water Pollution Control Act. For purposes of section 309(c) of such Act, a violation of this section shall be considered a violation of section 301 of the Federal Water Pollution Control Act.

New Jersey.

fi 49 FR 2946-2948.

33 USC 1319. 33 USC 1311.

TITLE IV—PERMITS AND LICENSES SEC. 401. STORMWATER RUNOFF FROM OIL. GAS, AND MINING OPERATIONS. (a) LIMITATION ON PERMIT REQUIREMENT.—Section 402(1) is 33 USC 1342. amended by inserting "(1) AGRICULTURAL RETURN FLOWS.—" before

"The Administrator" and by adding at the end thereof the following: "(2) STORM WATER RUNOFF FROM OIL, GAS, AND MINING OPER- State and local

ATiONS.—The Administrator shall not require a permit under governments, this section, nor shall the Administrator directly or indirectly require any State to require a permit, for discharges of S: stormwater runoff from mining operations or oil and gas exploration, production, processing, or treatment operations or transr mission facilities, composed entirely of flows which are from f conveyances or systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting -; and conveying precipitation runoff and which are not contami nated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished prod-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/96

 101 STAT. 66

PUBLIC LAW 100-4—FEB. 4, 1987 operations.".
 * uct, byproduct, or waste products located on the site of such

33 USC 1342.

Ante, p. 65.

(b)

CONFORMING

AMENDMENTS.—Section

402(1)

is

further

amended— (1) by inserting "LIMITATION ON PERMIT REQUIREMENT.—"

after "(1)"; and (2) by indenting paragraph (1) of such section, as designated by subsection (a) of this section, and aligning such paragraph with paragraph (2) of such section, as added by such subsection (a). SEC. 402. ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS NOT REQUIRED.

Section 402 is amended by adding at the end thereof the following ,*^^;r:;^U I;* new subsection: "(m) ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS

33 USC 1292.

YK ' ' 33 USC 1314. 33 USC 1317. 33 USC 1319. 33 USC 1370.

NOT REQUIRED.—To the extent a treatment works (as defined in section 212 of this Act) which is publicly owned is not meeting the requirements of a permit issued under this section for such treatment works as a result of inadequate design or operation of such treatment works, the Administrator, in issuing a permit under this section, shall not require pretreatment by a person introducing conventional pollutants identified pursuant to section 304(a)(4) of this Act into such treatment works other than pretreatment required to assure compliance with pretreatment standards under subsection (b)(8) of this section and section 307(b)(1) of this Act. Nothing in this subsection shall affect the Administrator's authority under sections 307 and 309 of this Act, affect State and local authority under sections 307(b)(4) and 510 of this Act, relieve such treatment works of its obligations to meet requirements established under this Act, or otherwise preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit under this section.". SEC. 403. PARTIAL NPDES PROGRAM.

Supra.

Co;;

(a) PARTIAL PERMIT PROGRAM.—Section 402 is amended by adding at the end the following: "(n) PARTIAL PERMIT PROGRAM.— "(1) STATE SUBMISSION.—The Governor of a State may submit

 * >3

under subsection (b) of this section a permit program for a •^ portion of the discharges into the navigable waters in such State. "^2) MINIMUM COVERAGE.—A partial permit program under this subsection shall cover, at a minimum, administration of a major category of the discharges into the navigable waters of the State or a major component of the permit program required by subsection (b). "(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PRO-

GRAMS.—The Administrator may approve a partial permit program covering administration of a major category of discharges under this subsection if— "(A) such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and "(B) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b).

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Page:United States Statutes at Large Volume 101 Part 1.djvu/97

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 67

"(4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT PRO-

GRAMS.—The Administrator may approve under this subsection a partial and phased permit program covering administration of ' a major component (including discharge categories) of a State permit program required by subsection (b) if— "(A) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b); and "(B) the State submits, and the Administrator approves, a '" plan for the State to assume administration by phases of the remainder of the State program required by subsection (b) by a specified date not more than 5 years after submission of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date.". (b) RETURN OF STATE PERMIT PROGRAM TO ADMINISTRATOR.—

(1) IN GENERAL.—Section 402(c) is amended by adding at the 33 USC 1342. end thereof the following new paragraph: "(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND

WITHDRAWALS.—A State may return to the Administrator administration, and the Administrator may withdraw under paragraph (3) of this subsection approval, of— "(A) a State partial permit program approved under subsection (n)(3) only if the entire permit program being administered by the State department or agency at the time is returned or withdrawn; and "(B) a State partial permit program approved under subsection (n)(4) only if an entire phased component of the permit program being administered by the State at the time is returned or withdrawn.".

Ante, p. 66.

(2) CONFORMING AMENDMENT.—Section 402(c)(1) is amended

by striking out "as to those navigable waters" and inserting in lieu thereof "as to those discharges". SEC. 404. ANTI-BACKSLIDING.

(a) GENERAL RULE.—Section 402 is amended by adding at the end thereof the following new subsection:

Ante, p. 66.

"(o) ANTI-BACKSLIDING.— "(1) GENERAL PROHIBITION.—In the case of effluent limitations

established on the basis of subsection (a)(1)(B) of this section, a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under section 3040t>) subsequent to the original issuance of such permit, to contain effluent s limitations which are less stringent than the comparable effluent limitations in the previous permit. In the case of effluent - limitations established on the basis of section 301(b)(1)(C) or section 303(d) or (e), a permit may not be renewed, reissued, or ? • modified to contain effluent limitations which are less stringent than the comparable effluent limitations in the previous permit except in compliance with section 303(d)(4). "(2) EXCEPTIONS.—A permit with respect to which paragraph (1) applies may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant if— "(A) material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of a less stringent effluent limitation;

33 USC 1314.

33 USC 1311. 33 USC 1313.

Pollution.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/98

 101 STAT. 68

Ante, pp. 30, 35; 33 USC 1326. •*-SI /ajg:;

 * ,\Ak

•".«! •Aifc.

33 USC 1313.

PUBLIC LAW 100-4—FEB. 4, 1987 "(B)(i) information is available which was not available at (H the time of permit issuance (other than revised regulations, TO guidance, or test methods) and which would have justified M the application of a less stringent effluent limitation at the time of permit issuance; or -otq h "(ii) the Administrator determines that technical misJtij lo takes or mistaken interpretations of law were made in issuing the permit under subsection (a)(1)(B); a,g c "(C) a less stringent effluent limitation is necessary bete cause of events over which the permittee has no control and I-" for which there is no reasonably available remedy; "(D) the permittee has received a permit modification under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n), or ^_, 316(a); or "(E) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous ffdt JB permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the c-y, h previous effluent limitations, in which case the limitations lU in the reviewed, reissued, or modified permit may reflect
 * 3;jthe level of pollutant control actually achieved (but shall

not be less stringent than required by effluent guidelines in ^e*effect at the time of permit renewal, reissuance, or ,/ modification). i- Subparagraph (B) shall not apply to any revised waste load allocations or any alternative grounds for translating water
 * quality standards into effluent limitations, except where the

cumulative effect of such revised allocations results in a de• i crease in the amount of pollutants discharged into the concerned waters, and such revised allocations are not the result of lyp a discharger eliminating or substantially reducing its discharge ( of pollutants due to complying with the requirements of this Act or for reasons otherwise unrelated to water quality. "(3) LIMITATIONS.—In no event may a permit with respect to which paragraph (1) applies be renewed, reissued, or modified to bi' contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit «!* to discharge into waters be renewed, reissued, or modified to V contain a less stringent effluent limitation if the implementa'Uf tion of such limitation would result in a violation of a water quality standard under section 303 applicable to such waters.". (b) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS.—

Section 303(d) of the Act is amended by adding at the end thereof the following new paragraph: ^ •

"(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITA-

\.

. "'/)

TIONS.—

"(A) STANDARD NOT ATTAINED.—For waters identified under paragraph (1)(A) where the applicable water quality standard has not yet been attained, any effluent limitation rL' < 5 based on a total maximum daily load or other waste load allocation established under this section may be revised only if (i) the cumulative effect of all such revised effluent i limitations based on such total maximum daily load or waste load allocation will assure the attainment of such water quality standard, or (ii) the designated use which is
 * f

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Page:United States Statutes at Large Volume 101 Part 1.djvu/99

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 69

not being attained is removed in accordance with regulations established under this section. "(B) STANDARD ATTAINED.—For waters identified under paragraph (1)(A) where the quality of such waters equals or "' " exceeds levels necessary to protect the designated use for -' such waters or otherwise required by applicable water quality standards, any effluent limitation based on a total maximum daily load or other waste load allocation established under this section, or any water quality standard established under this section, or any other permitting standard may be revised only if such revision is subject to and consistent with the antidegradation policy established under this section.". (c) STUDY.—The Administrator shall study— 33 USC 1375 (1) the extent to which States have reviewed, revised, and note. State and local adopted water quality standards in accordance with section 24 governments. of the Municipal Wastewater Treatment Construction Grant Amendments of 1981; and 33 USC 1313a. (2) the extent to which modifications of permits issued under section 402(a)(1)(B) of the Federal Water Pollution Control Act 33 USC 1342. for the purpose of reflecting any revisions to water quality standards should be encouraged or discouraged. The Administrator shall submit a report on such study, together Reports. with recommendations, to Congress not later than 2 years after the date of the enactment of this Act. (d) CONFORMING AMENDMENT.—Section 402(a)(1) is amended by

33 USC 1342.

inserting "(A)" after "either" and by inserting "(B)" after "this Act, or". SEC. 405. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.

Section 402 is amended by adding at the end thereof the following new subsection: "(p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.—

"(1) GENERAL RULE.—Prior to October 1, 1992, the Administrator or the State (in the case of a permit program approved under section 402 of this Act) shall not require a permit under this section for discharges composed entirely of stormwater. "(2) EXCEPTIONS.—Paragraph (1) shall not apply with respect to the following stormwater discharges: "(A) A discharge with respect to which a permit has been '** ' ' issued under this section before the date of the enactment ^ of this subsection. f ' ^ "(B) A discharge associated with industrial activity. "(C) A discharge from a municipal separate storm sewer system serving a population of 250,000 or more. "(D) A discharge from a municipal separate storm sewer system serving a population of 100,000 or more but less

, than 250,000. "(E) A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. ''

"(3) PERMIT REQUIREMENTS.— "(A) INDUSTRIAL DISCHARGES.—Permits

State and local governments.

for discharges associated with industrial activity shall meet all applicable provisions of this section and section 301. 33 USC 1311.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/100

 101 STAT. 70

PUBLIC LAW 100-4—FEB. 4, 1987

 * t'/,siK

Regulations.

Regulations.

Reports. Reports. State and local governments.

"(B) MUNICIPAL DISCHARGE.—Permits for discharges from municipal storm sewers— "(i) may be issued on a system- or jurisdiction-wide basis; "(ii) shall include a requirement to effectively prohibit non-stormwater discharges into the storm sewers; and "(iii) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. "(4) PERMIT APPLICATION REQUIREMENTS.— "(A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGES.—Not

later than 2 years after the date of the enactment of this subsection, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraphs (2)(B) and (2)(C). Applications for permits for such discharges shall be filed no later than 3 years after such date of enactment. Not later than 4 years after such date of enactment, the ( Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. "(B) OTHER MUNICIPAL DISCHARGES.—Not later than 4 years after the date of the enactment of this subsection, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraph (2)(D). Applications for permits for n such discharges shall be filed no later than 5 years after such date of enactment. Not later than 6 years after such date of enactment, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. "(5) STUDIES.—The Administrator, in consultation with the States, shall conduct a study for the purposes of— "(A) identifying those stormwater discharges or classes of stormwater discharges for which permits are not required pursuant to paragraphs (1) and (2) of this subsection; "(B) determining, to the maximum extent practicable, the nature and extent of pollutants in such discharges; and "(C) establishing procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water quality. Not later than October 1, 1988, the Administrator shall submit to Congress a report on the results of the study described in subparagraphs (A) and (B). Not later than October 1, 1989, the Administrator shall submit to Congress a report on the results of the study described in subparagraph (C). "(6) REGULATIONS.—Not later than October 1, 1992, the Administrator, in consultation with State and local officials,

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 71

'- shall issue regulations (based on the results of the studies conducted under paragraph (5)) which designate stormwater discharges, other than those discharges described in paragraph (2), to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources. The program shall, at a minimum, (A) establish priorities, (B) establish requirements for State stormwater management programs, and (C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate.". SEC. 406. SEWAGE SLUDGE. (a) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.—Sec-

tion 405(d) is amended— (1) by inserting "(1) REGULATIONS.—" before "The Adminis-

33 USC 1345.

(2) by striking "(1)", "(2)", and "(3)" and inserting in lieu thereof "(A)", "(B)", and "(C)", respectively; and (3) by adding at the end the following new paragraphs: "(2) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.— "(A) O N BASIS OF AVAILABLE INFORMATION.— "(i) PROPOSED REGULATIONS.—Not later than Novem-

ber 30, 1986, the Administrator shall identify those ,1^ w toxic pollutants which, on the basis of available information on their toxicity, persistence, concentration, mobility, or potential for exposure, may be ,,,, present in sewage sludge in concentrations which may i* adversely affect public health or the environment, and f propose regulations specifying acceptable management practices for sewage sludge containing each such toxic pollutant and establishing numerical limitations for each such pollutant for each use identified under para. graph (1)(A). t. "(ii) FINAL REGULATIONS.—Not later than August 31, 1987, and after opportunity for public hearing, the c '^,f#i • Administrator shall promulgate the regulations required by subparagraph (A)(i).

,. j^^,,

"(B) OTHERS.— "(i) PROPOSED REGULATIONS.—Not

later than July 31, 1987, the Administrator shall identify those toxic .t t pollutants not identified under subparagraph (A)(i) f^/r which may be present in sewage sludge in concentra^.Cj n. tions which may adversely affect public health or the environment, and propose regulations specifying 5 acceptable management practices for sewage sludge containing each such toxic pollutant and establishing numerical limitations for each pollutant for each such use identified under paragraph (1)(A). "(ii) FINAL REGULATIONS.—Not later than June 15, 1988, the Administrator shall promulgate the regulations required by subparagraph (B)(i). "(C) REVIEW.—From time to time, but not less often than every 2 years, the Administrator shall review the regulations promulgated under this paragraph for the purpose of identifying additional toxic pollutants and promulgating

^^

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Page:United States Statutes at Large Volume 101 Part 1.djvu/102

 101 STAT. 72

PUBLIC LAW 100-4—FEB. 4, 1987 . nu •i,

regulations for such pollutants consistent with the requirements of this paragraph. "(D)

MINIMUM

STANDARDS;

COMPLIANCE

DATE.—The

management practices and numerical criteria established under subparagraphs (A), (B), and (C) shall be adequate to protect public health and the environment from any reasonably anticipated adverse effects of each pollutant. Such regulations shall require compliance as expeditiously f as practicable but in no case later than 12 months after their publication, unless such regulations require the construction of new pollution control facilities, in which case the regulations shall require compliance as expeditiously as practicable but in no case later than two years from the date of their publication. "(3) ALTERNATIVE STANDARDS.—For purposes of this subsection, if, in the judgment of the Administrator, it is not feasible to prescribe or enforce a numerical limitation for a pollutant J,, identified under paragraph (2), the Administrator may instead promulgate a design, equipment, management practice, or operational standard, or combination thereof, which in the Administrator's judgment is adequate to protect public health and the environment from any reasonably anticipated adverse effects of such pollutant. In the event the Administrator promulgates a design or equipment standard under this subsection, the Administrator shall include as part of such standard such requirements as will assure the proper operation and maintenance of any such element of design or equipment. "(4) CONDITIONS ON PERMITS.—Prior to the promulgation of

8:; 33 USC 1342.

" '

the regulations required by paragraph (2), the Administrator shall impose conditions in permits issued to publicly owned treatment works under section 402 of this Act or take such other measures as the Administrator deems appropriate to protect public health and the environment from any adverse effects which may occur from toxic pollutants in sewage sludge. "(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in

• 33 USC 1345.

this section is intended to waive more stringent requirements established by this Act or any other law.". (b) MANNER OF SLUDGE DISPOSAL.—Section 405(e) is amended to

read as follows: "(e) MANNER OF SLUDGE DISPOSAL.—The determination of the

manner of disposal or use of sludge is a local determination, except that it shall be unlawful for any person to dispose of sludge from a publicly owned treatment works or any other treatment works treating domestic sewage for any use for which regulations have been established pursuant to subsection (d) of this section, except in accordance with such regulations.". (c) IMPLEMENTATION THROUGH PERMITS.—Section 405 is further

amended by adding at the end thereof the following: "(f) IMPLEMENTATION OF REGULATIONS.— "(1) THROUGH SECTION 402 PERMITS.—Any

State and local governments.

£
 * u

42 USC 6921.

permit issued under section 402 of this Act to a publicly owned treatment works or any other treatment works treating domestic sewage shall include requirements for the use and disposal of sludge that implement the regulations established pursuant to subsection (d) of this section, unless such requirements have been included in a permit issued under the appropriate provisions of subtitle C of the Solid Waste Disposal Act, part C of the Safe Drinking

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Page:United States Statutes at Large Volume 101 Part 1.djvu/103

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 73

Water Act, the Marine Protection, Research, and Sanctuaries Act of 1972, or the Clean Air Act, or under State permit programs approved by the Administrator, where the Administrator determines that such programs assure compliance with any applicable requirements of this section. Not later than December 15, 1986, the Administrator shall promulgate procedures for approval of State programs pursuant to this • ' paragraph. ^ "(2) THROUGH OTHER PERMITS.—In the case of a treatment '•'^- works described in paragraph (1) that is not subject to section 402 of this Act and to which none of the other above listed ^ the Administrator may issue a permit to such treatment works solely to impose requirements for the use and disposal of sludge that implement the regulations established pursuant to subsec"' tion (d) of this section. The Administrator shall include in the permit appropriate requirements to assure compliance with the regulations established pursuant to subsection (d) of this sec' tion. The Administrator shall establish procedures for issuing permits pursuant to this paragraph.
 * permit programs nor approved State permit authority apply,

42 USC 300h. 33 USC 1401 note; 42 USC ^'*^^ ^°^-

"(g) STUDIES AND PROJECTS.— "(1) GRANT PROGRAM;

^ "*

'

'

INFORMATION

State and local governments. 33 USC 1342. «..

GATHERING.—The

Administrator is authorized to conduct or initiate scientific studies, demonstration projects, and public information and education projects which are designed to promote the safe and beneficial management or use of sewage sludge for such purposes as aiding the restoration of abandoned mine sites, conditioning soil for parks and recreation areas, agricultural and horticultural uses, and other beneficial purposes. For the purposes of carrying out this subsection, the Administrator may make grants to State water pollution control agencies, other public or nonprofit agencies, institutions, organizations, and individuals. In cooperation with other Federal departments and agencies, other public and private agencies, institutions, and organizations, the Administrator is authorized to collect and disseminate information pertaining to the safe and beneficial use of sewage sludge.

"'"' .;^, •-«;., • ! «,:J '' *'

"(2) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of

3 ' -

carrying out the scientific studies, demonstration projects, and public information and education projects authorized in this section, there is authorized to be appropriated for fiscal years beginning after September 30, 1986, not to exceed $5,000,000." (d) ENFORCEMENT.—(1) Section 308(a)(4) is amended by inserting "405," before "and 504". (2) Section 505(1) is amended by striking out "or" before "(6)" and by inserting before the period "; or (7) a regulation under section 405(d) of this Act,". (3) Section 509(b)(1)(E) is amended by striking out "or 306" and inserting in lieu thereof "306, or 405". (e) REMOVAL CREDITS.—The part of the decision of Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, No. 84-3530 (3d. Cir. 1986), which addresses section 405(d) of the Federal Water Pollution Control Act is stayed until August 31, 1987, with respect to— (1) those publicly owned treatment works the owner or opera •'*'• tor of which received authority to revise pretreatment require-

33 USC 1318. 33 USC 1365. 33 USC 1369. 33 USC 1345 note.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/104

 101 STAT. 74 33 USC 1317.

Ante, p. 71. 33 USC 1345.

PUBLIC LAW 100-4—FEB. 4, 1987 ments under section 307(b)(1) of such Act before the date of the enactment of this section, and (2) those publicly owned treatment works the owner or operator of which has submitted an appHcation for authority to revise pretreatment requirements under such section 307(b)(1) which i application is pending on such date of enactment and is approved before August 31, 1987. The Administrator shall not authorize any other removal credits under such Act until the Administrator issues the regulations required by paragraph (2)(A)(ii) of section 405(d) of such Act, as amended by subsection (a) of this section. (f)

CONFORMING

AMENDMENTS.—Section

405(d)

is

further

amended— ^.. ^, (1) by inserting "REGULATIONS.—" after "(d)"; (2) by indenting paragraph (1) (as designated by subsection f (a)(1) of this section) and aligning such paragraph with para; .i graph (3), as added by subsection (a)(3); and (3) in such paragraph (1) by aligning subparagraphs (A), (B), t and (C) (as designated by subsection (a)(2) of this section) with subparagraph (C) of paragraph (2), as added by subsection (a)(3) of this section. 33 USC 1342 note. State and local governments. 33 USC 1342, 1344.

33 USC 1311, 1312, 1316-1318, 1343.

SEC. 407. LOG TRANSFER FACILITIES.

(a) AGREEMENT.—The Administrator and Secretary of the Army shall enter into an agreement regarding coordination of permitting for log transfer facilities to designate a lead agency and to process permits required under sections 402 and 404 of the Federal Water Pollution Control Act, where both such sections apply, for discharges associated with the construction and operation of log transfer facilities. The Administrator and Secretary are authorized to act in accordance with the terms of such agreement to assure that, to the maximum extent practicable, duplication, needless paperwork and delay in the issuance of permits, and inequitable enforcement between and among facilities in different States, shall be eliminated. (b) APPLICATIONS AND PERMITS BEFORE OCTOBER 22, 1985.—Where both of sections 402 and 404 of the Federal Water Pollution Control Act apply, log transfer facilities which have received a permit under section 404 of such Act before October 22, 1985, shall not be required to submit a new application for a permit under section 402 of such Act. If the Administrator determines that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act satisfies the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act, a separate application for a permit under section 402 of such Act shall not thereafter be required. In any case where the Administrator demonstrates, after an opportunity for a hearing, that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act do not satisfy the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act, modifications to the existing permit under section 404 of such Act to incorporate such applicable requirements shall be issued by the Administrator as an alternative to issuance of a separate new permit under section 402 of such Act. (c) LOG TRANSFER FACILITY DEFINED.—For the purposes of this section, the term "log transfer facility" means a facility which is constructed in whole or in part in waters of the United States and which is utilized for the purpose of transferring commercially har-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/105

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 75

vested logs to or from a vessel or log raft, including the formation of a log raft.

TITLE V—MISCELLANEOUS PROVISIONS SEC. 501. AUDITS.

Section 501(d) is amended by inserting at the end the following new sentences: "For the purpose of carrying out audits and examinations with respect to recipients of Federal assistance under this Act, the Administrator is authorized to enter into noncompetitive procurement contracts with independent State audit organizations, consistent with chapter 75 of title 31, United States Code. Such contracts may only be entered into to the extent and in such amounts as may be provided in advance in appropriation Acts.".

Contracts. State and local governments. 33 USC 1361. 31 USC 7501 et seq.

SEC. 502. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

(a) DEFINED AS A STATE.—Section 502(3) is amended by inserting "the Commonwealth of the Northern Mariana Islands," after "Samoa,".

33 USC 1362.

(b) DEFINED AS PART OF UNITED STATES.—Section 311(a)(5) is

33 USC 1321.

amended by striking out "the Canal Zone," and inserting in lieu thereof "the Commonwealth of the Northern Mariana Islands,". SEC. 503. AGRICULTURAL STORMWATER DISCHARGES.

Section 502(14) (relating to the definition of point source) is amended by inserting after "does not include" the following: "agricultural stormwater discharges and". SEC. 504. PROTECTION OF INTERESTS OF UNITED STATES IN CITIZEN SUITS.

Section 505(c) is amended by adding at the end thereof the following new paragraph:

33 USC 1365.

"(3) PROTECTION OF INTERESTS OF UNITED STATES.—Whenever

any action is brought under this section in a court of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General and the Administrator. No consent judgment shall be entered in an action in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator.".

^

SEC. 505. JUDICIAL REVIEW AND AWARD OF FEES.

(a)

LOCATION;

DEADLINE

FOR APPEAL.—Section

509(b)(1)

is

amended— (1) by striking out "transacts such business" and inserting in lieu thereof, "transacts business which is directly affected by such action"; and (2) by striking out "ninety" and "ninetieth" and inserting in lieu thereof "120" and "120th", respectively.

33 USC 1369.

-'

'

(b) VENUE; AWARD OF FEES.—Section 509(b) is amended by adding

at the end thereof the following new paragraphs: "(3) VENUE.— "(A) SELECTION PROCEDURE.—If applications for review of

"'

the same agency action have been filed under paragraph (1) of this subsection in 2 or more Circuit Courts of Appeals of the United States and the Administrator has received writ-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/106

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 76 io i- i

Records.

Records.

ten notice of the filing of one or more applications within 30 days or less after receiving written notice of the filing of the first application, then the Administrator shall promptly advise in writing the Administrative Office of the United &?. States Courts that applications have been filed in 2 or more Circuit Courts of Appeals of the United States, and shall identify each court for which he has written notice that such applications have been filed within 30 days or less of receiving written notice of the filing of the first such application. Pursuant to a system of random selection devised for this purpose, the Administrative Office thereupon shall, within 3 business days of receiving such written notice from the Administrator, select the court in which the record shall be filed from among those identified by the Administrator. Upon notification of such selection, the Administrator shall promptly file the record in such court. For the purpose of review of agency action which has previously been remanded to the Administrator, the record shall be filed in the Circuit Court of Appeals of the United States which remanded such action. "(B) ADMINISTRATIVE PROVISIONS.—Where applications have been filed under paragraph (1) of this subsection in two or more Circuit Courts of Appeals of the United States with respect to the same agency action and the record has been filed in one of such courts pursuant to subparagraph (A), the other courts in which such applications have been filed shall promptly transfer such applications to the Circuit Court of Appeals of the United States in which the r'^c^'j.rs*!' record has been filed. Pending selection of a court pursuant to subparagraph (A), any court in which an application has been filed under paragraph (1) of this subsection may post•md' pone the effective date of the agency action until 15 days after the Administrative Office has selected the court in which the record shall be filed. rit "(C) TRANSFERS.—Any court in which an application with respect to any agency action has been filed under paragraph (1) of this subsection, including any court selected ft pursuant to subparagraph (A), may transfer such application to any other Circuit Court of Appeals of the United States for the convenience of the parties or otherwise in the interest of justice. "(4) AWARD OF FEES.—In any judicial proceeding under this subsection, the court may award costs of litigation (including p. reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party whenever it determines that such award is appropriate.". (c) CONFORMING AMENDMENT FOR CITIZEN SUIT ACTIONS.—The

33 USC 1365.

first sentence of section 505(d) is amended by inserting "prevailing or substantially prevailing" before "party". SEC. 506. INDIAN TRIBES.

33 USC 1378.

(4 i

Title V is amended by redesignating section 518, and any references thereto, as section 519 and by inserting after section 517 the following new section:

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Page:United States Statutes at Large Volume 101 Part 1.djvu/107

 PUBLIC LAW 100-4—FEB. 4, 1987 "SEC. 518. INDIAN TRIBES.

"(a) POLICY.—Nothing in this section shall be construed to affect the application of section 101(g) of this Act, and all of the provisions of this section shall be carried out in accordance with the provisions of such section 101(g). Indian tribes shall be treated as States for purposes of such section 101(g). "(b)

ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.—The

Administrator, in cooperation with the Director of the Indian Health Service, shall assess the need for sewage treatment works to serve Indian tribes, the degree to which such needs will be met through funds allotted to States under section 205 of this Act and priority lists under section 216 of this Act, and any obstacles which prevent such needs from being met. Not later than one year after the date of the enactment of this section, the Administrator shall submit a report to Congress on the assessment under this subsection, along with recommendations specifying (1) how the Administrator intends to provide assistance to Indian tribes to develop waste treatment management plans and to construct treatment works under this Act, and (2) methods by which the participation in and administration of programs under this Act by Indian tribes can be maximized. "(c) RESERVATION OF FUNDS.—The Administrator shall reserve each fiscal year beginning after September 30, 1986, before allotments to the States under section 205(e), one-half of one percent of the sums appropriated under section 207. Sums reserved under this subsection shall be available only for grants for the development of waste treatment management plans and for the construction of sewage treatment works to serve Indian tribes. "(d) COOPERATIVE AGREEMENTS.—In order to ensure the consistent implementation of the requirements of this Act, an Indian tribe and the State or States in which the lands of such tribe are located may enter into a cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the requirements of this Act. "(e) TREATMENT AS STATES.—The Administrator is authorized to treat an Indian tribe as a State for purposes of title II and sections 104, 106, 303, 305, 308, 309, 314, 319, 401, 402, and 404 of this Act to the degree necessary to carry out the objectives of this section, but only if— "(1) the Indian tribe has a governing body carrying out substantial governmental duties and powers; "(2) the functions to be exercised by the Indian tribe pertain to the management and protection of water resources which are held by an Indian tribe, held by the United States in trust foi Indians, held by a member of an Indian tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of an Indian reservation; and "(3) the Indian tribe is reasonably expected to be capable, in the Administrator's judgment, of carrying out the functions to be exercised in a manner consistent with the terms and pur poses of this Act and of all applicable regulations. Such treatment as a State may include the direct provision of funds reserved under subsection (c) to the governing bodies of Indian tribes, and the determination of priorities by Indian tribes, where not determined by the Administrator in cooperation with the Director of the Indian Health Service. The Administrator, in cooperation

101 STAT. 77 33 USC 1377. 33 USC 1251.

State and local governments. Waste disposal. 33 USC 1285. 33 USC 1296.

State and local governments. Waste disposal. 33 USC 1287.

State and local governments.

Grants. 33 USC 1281. 33 USC 1254, 1256, 1313, 1315, 1318, 1319, 1324; ante, p. 52; 33 u s e 1341, 1342, 1344.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/108

 101 STAT. 78 33 USC 1281. Regulations.

PUBLIC LAW 100-4—FEB. 4, 1987 with the Director of the Indian Health Service, is authorized to make grants under title II of this Act in an amount not to exceed 100 percent of the cost of a project. Not later than 18 months after the date of the enactment of this section, the Administrator shall, in consultation with Indian tribes, promulgate final regulations which specify how Indian tribes shall be treated as States for purposes of this Act. The Administrator shall, in promulgating such regulations, consult affected States sharing common water bodies and provide a mechanism for the resolution of any unreasonable consequences that may arise as a result of differing water quality standards that may be set by States and Indian tribes located on common bodies of water. Such mechanism shall provide for explicit consideration of relevant factors including, but not limited to, the effects of differing water quality permit requirements on upstream and downstream dischargers, economic impacts, and present and historical uses and quality of the waters subject to such standards. Such mechanism should provide for the avoidance of such unreasonable consequences in a manner consistent with the objective of this Act. "(f) GRANTS FOR NONPOINT SOURCE PROGRAMS.—The Adminis-

Ante, p. 52.

25 USC 476.

33 USC 1362 note. 33 USC 1251 note.

trator shall make grants to an Indian tribe under section 319 of this Act as though such tribe was a State. Not more than one-third of one percent of the amount appropriated for any fiscal year under section 319 may be used to make grants under this subsection. In addition to the requirements of section 319, an Indian tribe shall be required to meet the requirements of paragraphs (1), (2), and (3) of subsection (d) of this section in order to receive such a grant. "(g) ALASKA NATIVE ORGANIZATIONS.—No provision of this Act shall be construed to— "(1) grant, enlarge, or diminish, or in any way affect the scope of the governmental authority, if any, of any Alaska Native organization, including any federally-recognized tribe, traditional Alaska Native council, or Native council organized pursu" ant to the Act of June 18, 1934 (48 Stat. 987), over lands or persons in Alaska; "(2) create or validate any assertion by such organization or any form of governmental authority over lands or persons in • Alaska; or "(3) in any way affect any assertion that Indian country, as defined in section 1151 of title 18, United States Code, exists or does not exist in Alaska. "(h) DEFINITIONS.—For purposes of this section, the term— "(1) 'Federal Indian reservation' means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; and r*: "(2) 'Indian tribe' means any Indian tribe, band, group, or ..* r. community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation.". SEC. 507. DEFINITION OF POINT SOURCE.

For purposes of the Federal Water Pollution Control Act, the term "point source" includes a landfill leachate collection system.

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