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91 STAT. 1565

(b) Section 1842(b)(3) of such Act is amended by inserting after 42 USC 1395u. the fourth sentence thereof the following new sentence: "With respect to power-operated wheelchairs for which payment may be made in accordance with section 1861(s)(6), charges determined to be reason- Ante, p. 1564. able may not exceed the lowest charge at which power-operated wheelchairs are available in the locality." (c) The amendments made by this section shall be effective in the Effective date. case of items and services furnished after the date of the enactment 42 USC 1395x note. of this Act. rEDERAL ELECTION CAMPAIGN ACT AMENDMENTS

SEC. 502. (a) Section 328 of the Federal Election Campaign Act of 1971 (2 U.S.C.441i) is amended— (1) by inserting " (a) " immediately after "SEC. 328.", and (2) by adding at the end thereof the following new subsections: "(b) If an honorarium payable to a person is paid instead at his request to a charitable organization selected by payor from a list of 6 or more charitable organizations provided by that person, that person shall not be treated, for purposes of subsection (a), as accepting that honorarium. For purposes of this subsection, the term 'charitable organization' means an organization described in section 170(c) of the Internal Revenue Code of 1954. "(c) For purposes of determining the aggregate amount of honorariums received by a person during any calendar year, amounts returned to the person paying an honorarium before the close of the calendar year in which it was received shall be disregarded. "(d) For purposes of paragraph (2) of subsection (a), an honorarium shall be treated as accepted only in the year in which that honorarium is received.". (b) The amendments made by subsection (a) shall apply with respect to any honorarium received after December 31, 1976. Approved December 20, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-702, pt. I (Comm. on Ways and Means), No. 95-702, pt. II (Coram, on Post Office and Civil Service) and No. 95-837 (Comra. of Conference). SENATE REPORTS: No. 95-572 accompanying H.R. 5322 (Comm. on Finance) and No. 95-612 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 26, 27, considered and passed House. Nov. 1-4, considered and passed Senate, amended. Dec. 15, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 52: Dec. 20, Presidential statement.

26 USC 170.

Effective date. 2 USC 441i note.

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PUBLIC LAW 95-217—DEC. 27, 1977

Public Law 95-217 95th Congress An Act Dec. 27, 1977 [H.R. 3199] Clean Water Act of 1977. 33 USC 1251 note. 33 USC 1251 "•^t®-

ip^ amend the Federal Water Pollution Control Act to provide for additional authorizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Clean W a t e r Act of 1977". SHORT

TITLE

SEC. 2. Section 618 of the FederallVater Pollution Control Act is amended to read as follows: uSHORT TITLE

"SEC. 518. This Act may be cited as the 'Federal Water Pollution Control Act' (commonly referred to as the Clean Water Act).". AUTHORIZATION

33 USC 1376 note,

SEC. 3. Funds appropriated before the date of enactment of this Act for expenditure during the fiscal year ending June 30, 1976, the transition quarter ending September 30, 1976. and the fiscal year ending September 30, 1977, under authority of the Federal Water Pollution Control Act, are hereby authorized for those purposes for which appropriated. AUTHORIZATION

33 USC 1254.

33 USC 1256.

33 USC 1262.

33 USC 1288.

APPROVAL

EXTENSION

SEC. 4. (a) Section 104(u)(2) of the Federal W a t e r Pollution Control Act is amended by striking out "1975" and inserting in lieu thereof "1975, $2,000,000 for fiscal year 1977, $3,000,000 for fiscal year 1978, $3,000,000 for fiscal year 1979, and $3,000,000 for fiscal year 1980,". (b) Section 104(u)(3) of the Federal W a t e r Pollution Control Act is amended by striking out "1975" and inserting, in lieu thereof "1975, $1,000,000 for fiscal year 1977, $1,500,000 for fiscal year 1978, $1,500,000 for fiscal year 1979, and $1,500,000 for fiscal year 1980,". (c) Section 106(a)(2) of the Federal W a t e r Pollution Control Act is amended by striking out " and the fiscal year ending June 30, 1975;" and inserting in lieu thereof " and the fiscal year ending June 30, 1975, $100,000,000 per fiscal year for the fiscal years 1977, 1978, 1979, and 1980;". (d) Section 112(c) of the Federal W a t e r Pollution Control Act is amended by inserting "$6,000,000 for the fiscal year ending September 30, 1977, $7,000,000 for the fiscal year ending September 30, 1978, $7,000,000 for the fiscal year ending September 30, 1979, and $7,000,000 for the fiscal year ending September 30. 1980," immediately after " June 30, 1975,". (e) Section 208(f)(3) of the Federal W a t e r Pollution Control Act is amended by striking out " and not to exceed $150,000,000 for the fiscal year ending June 30, 1975." and inserting in lieu thereof " and not to exceed $150,000,000 p e r fiscal year for the fiscal years ending June 30, 1975, September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980.".

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(f) Section 314(c)(2) of the Federal Water Pollution Control Act 33 USC 1324. is amended by striking out "and $150,000,000 for the fiscal year 1975" and inserting in lieu thereof "$150,000,000 for the fiscal year 1975, $50,000,000 for fiscal year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year 1979, and $60,000,000 for fiscal year 1980". (g) Section 517 of the Federal Water Pollution Control Act is 33 USC 1376. amended by striking out "and $350,000,000 for the fiscal year ending June 30, 1975." and inserting in lieu thereof "$350,000,000 for the fiscal year ending June 30, 1975, $100,000,000 for the fiscal year ending September 30, 1977. $150,000,000 for the fiscal year ending September 30, 1978, $150,000,000 for the fiscal year ending September 30, 1979, and $150,000,000 for the fiscal year ending September 30, 1980.". STATE JURISDICTION

SEC. 5. (a) Section 101 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(g) It is the policy of Congress that the authority of each State to allocate quantities of'water within its jurisdiction shall not be superseded, abrogated or otherwise impaired by this Act. It is the further policy of Congress that nothing in this Act shall be construed to supersede or abrogate rights to quantities of water which have been established by any State. Federal agep.cies shall co-operate with State and local agencies to develop coinprehensive solutions to prevent, reduce and eliminate pollution in concert with programs for managing water resources.". (b) Section 102 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(d) The Administrator, after consultation with the States, and River Basin Commissions established under the Water Resources Planning Act, shall submit a report to Congress on or before July 1, 1978, which analyzes the relationship between programs under this Act, and the programs by which State and Federal agencies allocate quantities of water. Such report shall include recommendations concerning the policy in section 101(g) of the Act to improve coordination of efforts to reduce and eliminate pollution in concert with programs for managing water resources.".

Water allocation authority. 33 USC 1251.

Report to Congress. 33 USC 1252. 42 USC 1962 note.

ESTUARINE STUDY

SEC. 6. Section 104(n)(3) of the Federal Water Pollution Control 33 USC 1254. Act is amended by striking out "any three year period" and inserting in lieu thereof "any six-year period". C L E A R I N G H O U S E FOR ALTERNATIVE TREATMENT INFORMATION

SEC. 7. Section 104(q) of the Federal Water Pollution Control Act Establishment, is amended by adding at the end thereof the following: "(3) The Administrator shall establish, either within the Environmental Protection Agency, or through contract with an appropriate public or private non-profit organization, a national clearinghouse which shall (A) receive reports and information resulting from research, demonstrations, and other projects funded under this Act related to paragraph (1) of this subsection and to subsection (e)(2) of section 105; (B) coordinate and disseminate such reports and information for use by Federal and State agencies, municipalities, institutions, and persons in developing new and improved methods pursuant to this subsection; and (C) provide for the collection and dissemination of

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PUBLIC LAW 95-217—DEC. 27, 1977

reports and information relevant to this subsection from other Federal and State agencies, institutions, universities, and persons.". ASSISTAXCE FOR RESEARCH AND DEMONSTRATION PROJECTS Grants to municipalities.

33 USC 1255. 33 USC 1254, 1263. 33 USC 1281.

SEC. 8. Section 105 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(i) The Administrator is authorized to make grants to a municipality to assist in the costs of operating and maintaining a project which received a grant under this section, section 104, or section 113 of this Act prior to the date of enactment of this subsection so as to reduce the operation and maintenance costs borne by the recipients of services from such project to costs comparable to those for projects assisted under title II of this Act.". ASSISTANCE FOR RECYCLE, REUSE, AND LAND TREATMENT PROJECTS

Grants.

33 USC 1282.

SEC. 9. Section 105 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: " (j) The Administrator is authorized to make a grant to any grantee who received an increased grant pursuant to section 202(a)(2) of this Act. Such grant may pay up to 100 per centum of the costs of technical evaluation of the operation of the treatment works, costs of training of persons (other than employees of the grantee), and costs of disseminating technical information on the operation of the treatment works.". TRAINING GRANTS

33 USC 1259. Exemptions. 33 USC 1284.

Supplemental State facilities.

SEC 10. (a) Section 109(b)(3) of the Federal Water Pollution Control Act is amended by striking "$250,000" and inserting in lieu thereof "$500,000". (b) Section 109(b) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new paragraph: "(4) The Administrator may exempt a grant under this section from any requirement under section 204(a)(3) of this Act. Any grantee who received a grant under this section prior to enactment of the Clean Water Act of 1977 shall be eligible to have its grant increased by funds made available under such Act.". (c) Section 109(b)(1) of the Federal Water Pollution Control Act is amended by inserting before the period the following: "and for the costs of other State treatment works operator training programs, including mobile training units, classroom rental, specialized instructors, and instructional material". (d) Section 109(b)(1) of the Federal Water Pollution Control Act is amended by striking out "construction of a treatment works" and inserting in lieu thereof: "construction of treatment works". (e) Section 109(b)(2) of the Federal Water Pollution Control Act jg amended by adding at the end thereof the following new sentence: "In any case where a grant is made to serve two or more States, the Administrator is authorized to make an additional grant for a supplemental facility in each such State.". RURAL \ T: L L A G E STUDY

Alaskan village demonstration projects.

33 USC 1263.

SEC. 11. (a) Section 113 of the Federal Water Pollution Control Act is amended by adding new subsections (e), (f), and (g) as follows:

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"(e) The Administrator is authorized to coordinate with the Sec- Coordination. retary of the Department of Health, Education, and Welfare, the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of the Interior, the Secretary of the Department of Agriculture, and the heads of any other departments or agencies he may deem appropriate to conduct a joint study with representatives of the State of Alaska and the appropriate Native organizations (as defined in Public Law 92-203) to develop a compre- 43 USC 1601 hensive program for achieving adequate sanitation services in Alaska note. villages. This study shall be coordinated with the programs and projects authorized by sections 104(q) and 105(e)(2) of this Act. The 33 USC 1254, Administrator shall submit a report of the results of the study, 1255. together with appropriate supporting data and such recommendations Report to as he deems desirable, to the Committee on Environment and Public congressional committees. Works of the Senate and to the Committee on Public Works and Transportation of the House of Representatives not later than December 31, 1979. The Administrator shall also submit recommended administrative actions, procedures, and any proposed legislation necessary to implement the recommendations of the study no later than June 30, 1980. "(f) The Administrator is authorized to provide technical, finan- Assistance. cial and management assistance for operation and maintenance of the demonstration projects constructed under this section, until such time as the recommendations of subsection (e) are implemented. "(g) For the purpose of this section, the term 'village' shall mean Definitions. an incorporated or unincorporated community with a population of ten to six hundred people living within a two-mile radius. The term 'sanitation services' shall mean water supply, sewage disposal, solid waste disposal and other services necessary to maintain generally accepted standards of personal hygiene and public health.". (b) Subsection (d) of section 113 of the Federal Water Pollution Appropriation Control Act is amended by adding at the end thereof the following: authorization. "In addition, there is authorized to be appropriated to carry out this 33 USC 1263. section not to exceed $200,000 for the fiscal yerT ending September 30, 1978, and $220,000 for the fiscal year ending September 30, 1979." GRANT APPLICATION

REVIEW

SEC. 12. Section 201(g) of the Federal Water Pollution Control Act 33 USC 1281. is amended by adding at the end thereof the following new paragraph: "(5) The Administrator shall not make grants from funds authorized for anj fiscal year beginning after September 30, 1978, to any State, municipality, or intermunicipal or interstate agency for the erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works unless the grant applicant has satisfactorily demonstrated to the Administrator that innovative and alternative wastewater treatment processes and techniques which provide for the reclaiming and reuse of water, otherwise eliminate the discharge of pollutants, and utilize recycling techniques, land treatment, new or improved methods of waste treatment management for municipal and industrial waste (discharged into municipal systems) and the confined disposal of pollutants, so that pollutants will not migrate to cause water or other environmental pollution, have been fully studied and evaluated by the applicant taking into account section 201(d) of this Act and taking into account and allowing to the extent practicable the more efficient use of energy and resources.".

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PUBLIC LAW 95-217—DEC. 27, 1977 RECREATION AND OPEN

Grants. Ante, p. 1569.

SPACE

SEC. 13. Section 201(g) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new paragraph: "(6) The Administrator shall not make grants from funds authorized for any fiscal year beginning after September 30, 1978, to any State, municipality, or intermunicipal or interstate agency for the erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works unless the grant applicant has satisfactorily demonstrated to the Administrator that the applicant has analyzed the potential recreation and open space opportunities in the planning of the proposed treatment works.". INDIVIDUAL SYSTEMS

Privately owned treatment works, 8™°*^-

33 USC 1284.

SEC. 14. Section 201 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: " (li) A grant may be made under this section to construct a privately owned treatment works serving one or more principal residences or small commercial establishments constructed prior to, and inhabited on, the date of enactment of this subsection where the Administrator finds that— "(1) a public body otherwise eligible for a grant under subsection (g) of this section has applied on behalf of a number of such units and certified that public ownership of such works is not feasible; "(2) such public body has entered into an agreement with the Administrator which guarantees that such treatment works will be properly operated and maintained and will comply with all other requirements of section 204 of this Act and includes a system of charges to assure that each recipient of waste treatment services under such a grant will pay its proportionate share of the cost of operation and maintenance (including replacement); and " (3) the total cost and environmental impact of providing waste treatment services to such residences or commercial establishments will be less than the cost of providing a system of collection and central treatment of such wastes. In the case of any treatment works assisted under this subsection serving commercial users, any such agreement under paragraph (2) shall make provision for the payment to the United States by the commercial users of the treatment works of that portion of the cost of construction of such works which is applicable to the treatment of commercial wastes to the extent attributable to the Federal share of the cost of construction.". ENERGY REQUIREMENTS

SEC. 15. Section 201 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(i) The Administrator shall encourage waste treatment management methods, processes, and techniques which will reduce total energy requirements.". C O S T EFrECTI\TENESS

Grants.

SEC. 16. Section 201 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(j) The Administrator is authorized to make a grant for any treatment works utilizing processes and techniques meeting the guide-

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lines promulgated under section 304(d)(3) of this Act, if the Admin- 33 USC 1314. istrator determines it is in the public interest and if in the cost effectiveness study made of the construction grant application for the purpose of evaluating alternative treatment works, the life cycle cost of the treatment works for which the grant is to be made does not exceed the life cycle cost of the most cost effective alternative by more than 15 per centum.". FEDERAL GRANT SHARE

SEC. 17. Subsection (a) of section 202 of the Federal Water Pollution Control Act is amended by inserting " (1) " immediately after 33 USC 1282. " (a) " and by inserting at the end thereof the following new paragraphs: "(2) The amount of any grant made after September 30, 1978, and State before October 1, 1981, for any eligible treatment works or significant contributions. portion thereof utilizing innovative or alternative wastewater treatment processes and techniques referred to in section 201(g)(5) shall Ante, p. 1569 be 85 per centum of the cost of construction thereof. No grant shall be made under this paragraph for construction of a treatment works in any State unless the proportion of the State contribution to the nonFederal share of construction costs for all treatment works in such State receiving a grant under this paragraph is the same as or greater than the proportion of the State contribution (if any) to the nonFederal share of construction costs for all treatment works receiving grants in such State under paragraph (1) of this subsection. "(3) In addition to any grant made pursuant to paragraph (2) of Modification and this subsection, the Administrator is authorized to make a grant to replacement fund all of the costs of the modification or replacement of any funding. facilities constructed with a grant made pursuant to paragraph C2) if the Administrator finds that such facilities have not met design performance specifications unless such failure is attributable to negligence on the part of any person and if such failure has significantly increased capital or operating and maintenance expenditures. "(4) For the purposes of this section, the term 'eligible treatment "Eligible works' means those treatment works in each State which meet the treatment requirements of section 201 (ff)(5) of this Act and which can be fully works." funded from funds available for such purpose in such State in the fiscal years ending September 30, 1979, September 30, 1980, and September 30. 1981. Such term does not include collector sewers, interceptors, storm or sanitary sewers or the separation thereof, or major sewer rehabilitation.". COMBINED GRANTS

SEC. 18. Section 203(a) of the Federal Water Pollution Control Act 33 USC 1283. is amended by adding at the end thereof the following new sentences: "In the case of a treatment works that has an estimated total cost of $2,000,000 or less (as determined by the Administrator), and the population of the applicant municipality is twenty-five thousand or less (according to the most recent United States census), upon completion of an approved facility plan, a single grant may be awarded for the combined Federal share of the cost of preparing construction plans and specifications, and the building and erection of the treatment works. If any State is found by the Administrator to have unusually high costs of construction, the Administrator may authorize a single grant under the preceding sentence where the estimated total cost of the treatment works does not exceed $3,000,000.".

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 91 STAT. 1572 .(-'-:

/^ i - '•

33 USC 1283.

.,'-

PUBLIC LAW 95-217—DEC. 27, 1977 >

CONTRACT ENFORCEMENT

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SEC. 19. Section 203 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(e) At the request of a grantee under this title, the Administrator is authorized to provide technical and legal assistance in the administration and enforcement of any contract in connection with treatment works assisted under this title, and to intervene in any civil action involving the enforcement of such a contract.". PRIORITY

Grants. 33 USC 1284. 33 USC 1313.

Post, p. 1588.

SEC. 20. Section 204(a)(3) of the Federal Water Pollution Control Act is amended by inserting immediately after the word "Act" the following: ", except that any priority list developed pursuant to section 303(e)(3)(H) may be modified by such State in accordance with regulations promulgated by the Administrator to give higher priority for grants for the Federal share of the cost of preparing construction drawings and specifications for any treatment works utilizing processes and techniques meeting the guidelines promulgated under section 304(d)(3) of this Act and for grants for the combined Federal share of the cost of preparing construction drawings and specifications and the building and erection of any treatment works meeting the requirements of the next to the last sentence of section 203(a) of this Act which utilizes processes and techniques meeting the guidelines promulgated under section 304(d)(3) of this Act.". RESERVE CAPACITY

Grant eligibility.

33 USC 1288.

SEC. 21. Section 204(a)(5) of the Federal Water Pollution Control Act is amended by striking out the semicolon at the end thereof and inserting in lieu thereof a comma and the following: "after taking into account, in accordance with regulations promulgated by the Administrator, efforts to reduce total flow of sewage and unnecessary water consumption. The amount of reserve capacity eligible for a grant under this title shall be determined by the Administrator taking into account the projected population and associated commercial and industrial establishments within the jurisdiction of the applicant to be served by such treatment works as identified in an approved facilities plan, an areawide plan under section 208, or an applicable municipal master plan of development. For the purpose of this paragraph, section 208, and any such plan, projected population shall be determined on the basis of the latest information available from the United States Department of Commerce or from the States as the Administrator, by regulation, determines appropriate.". USER CHARGES

Ad valorem tax systems.

SEC. 22. (a) Paragraph (1) of subsection (b) of section 204 of the Federal Water Pollution Control Act is amended— (1) by striking out in clause (A) "proportionate share" and inserting in lieu thereof "proportionate share (except as otherwise provided in this paragraph)"; and (2) by adding at the end of such paragraph (1) the following: "In any case where an applicant which, as of the date of enactment of this sentence, uses a system of dedicated ad valorem taxes and the Administrator determines that the applicant has a system of charges which results in the distribution of operation and

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maintenance costs for treatment works within the applicant's jurisdiction, to each user class, in proportion to the contribution to the total cost of operation and maintenance of such works by each user class (taking into account total waste water loading of such works, the constituent elements of the wastes, and other appropriate factors), and such applicant is otherwise in compliance with clause (A) of this paragraph with respect to each industrial user, then such dedicated ad valorem tax system shall be deemed to be the user charge system meeting the Requirements of clause (A) of this paragraph for the residential user class and such small non-residential user classes as defined by the Administrator. In defining small non-residential users, the Administrator shall consider the volume of wastes discharged into the treatment works by such users and the constituent elements of such wastes as well as such other factors as he deems appropriate.", (b) Subsection (b) of section 204 of the Federal Water Pollution Systems of Control Act is amended by adding at the end thereof the following charges, requirements. new paragraph: "(5) A system of charges which meets the requirement of clause 33 USC 1284. (A) of paragraph (1) of this subsection may be based on something other than metering the sewage or water supply flow of residential recipients of waste treatment services, including ad valorem taxes. If the system of charges is based on something other than metering the Administrator shall require (A) the applicant to establish a system by which the necessary funds will be available for the proper operation and maintenance of the treatment works; and (B) the applicant to establish a procedure under which the residential user will be notified as to that portion of his total payment which will be allocated to the cost of the waste treatment services.". WATER

CONSERVATION

SEC. 23. Section 204(b)(3) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following: "Notwithstanding paragraph (1)(B) of this subsection, subject to the approval of the Administrator, a grantee that received a grant prior to the enactment of the Clean Water Act of 1977 may reduce the amounts required to be paid to such grantee by any industrial user of waste treatment services under such paragraph, if such grantee requires such industrial user to adopt other means of reducing the demand for waste treatment services through reduction in the total flow of sewage or unnecessary water consumption, in proportion to such reduction as determined in accordance with regulations promulgated by the Administrator.".

Waste treatment service charges, reduction.

INDUSTRIAL COST RECOVERY

SEC. 24. (a) Section 204(b)(3)(B) of the Federal Water Pollution Control Act is amended by inserting after "necessary for" the following: "the administrative costs associated with the requirement of paragraph (1)(B) of this subsection and". (b) Section 204(b) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new paragraph: "(6) The Administrator is authorized to exempt from the requirement of paragraph (1)(B) of this subsection any industrial user with a flow into such treatment works per day equivalent to twenty-five thousand gallons or less per day of sanitary waste, if such industrial user does not introduce into such treatment works any pollutant which

Service charges for industrial users, exemptions.

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33 USC 1284.

PUBLIC LAW 95-217—DEC. 27, 1977 interferes or is incompatible with, or contaminates or reduces the utility of the sludge of such works.". (c) Section 204(b)(1)(B) of the Federal Water Pollution Control Act is amended by inserting before the semicolon the following: "(which such portion, in the discretion of the applicant, may be recovered from industrial users of the total waste treatment system as distinguished from the treatment works for which the grant is made)". ALLOTMENT

Grant funds.

33 USC 1285.

33 USC 1287.

Funds, obligation. Reallotment.

Minimum State allotments.

Appropriation authorization.

SEC. 25. (a) The first sentence of subsection (a) of section 205 of the Federal Water Pollution Control Act is amended by striking out "June 30, 1972," and inserting in lieu thereof "June 30, 1972, and before September 30, 1977,". (b) Such section 205 is further amended by adding at the end thereof the following new subsections: "(c) Sums authorized to be appropriated pursuant to section 207 for the fiscal years during the period beginning October 1, 1977, and ending September 30, 1981, shall be allotted for each such year by the Administrator not later than the tenth day which begins after the date of enactment of the Clean Water Act of 1977. Notwithstanding any other provision of law, sums authorized for the fiscal years ending September 30, 1978, September 30, 1979, September 30, 1980, and September 30, 1981, shall be allotted in accordance with table 3 of Committee Print Numbered 95-30 of the Committee on Public Works and Transportation of the House of Representatives. "(d) Sums allotted to the States for a fiscal year shall remain available for obligation for the fiscal year for which authorized and for the period of the next succeeding twelve months. The amount of any allotment not obligated by the end of such twenty-four-month period shall be immediately reallotted by the Administrator on the basis of the same ratio as applicable to sums allotted for the then current fiscal year, except that none of the funds reallotted by the Administrator for fiscal year 1978 and for fiscal years thereafter shall be allotted to any State which failed to obligate any of the funds being reailotted. Any sum made available to a State by reallotment under this subsection shall be in addition to any funds otherwise allotted to such State for grants under this title during any fiscal year. "(e) For the fiscal years 1978, 1979, 1980, and 1981, no State shall receive less than one-half of 1 per centum of the total allotment under subsection (c) of this section, except that in the case of Guam, Virgin Islands, American Samoa, and the Trust Territories not more than thirty-three one-hundredths of 1 per centum in the aggregate shall be allotted to all four of these jurisdictions. For the purpose of carrying out this subsection there are authorized to be appropriated, subject to such amounts as are provided in appropriation Acts, not to exceed $75,000,000 for each of fiscal years 1978, 1979, 1980, and 1981. If for any fiscal year the ainount appropriated under authority of this subsection is less than the amount necessary to carry out this subsection, the amount each State receives under this subsection for such year shall bear the same ratio to the amount such State would have received under this subsection in such year if the amount necessary to carry it out had been appropriated as the amount appropriated for such year bears to the amount necessary to carry out this subsection for such year. "(f) Notwithstanding any other provision of this section, sums made available between January 1, 1975, and March 1, 1975, by the

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Administrator for obligation shall be available for obligation until September 30, 1978.". STATE MANAGEMENT ASSISTANCE

SEC. 26. (a) Section 205 of the Federal W a t e r Pollution Control Act is amended by adding after new subsection (f) the following new subsection: " (g)(1) The Administrator is authorized to reserve each fiscal year not to exceed 2 per centum of the allotment made to each State under this section on or after October 1, 1977, or $400,000 whichever amount is the greater. Sums so reserved shall be available for making g r a n t s to such State under paragraph (2) of this subsection for the same period as sums are available from such allotment under subsection (d) of this section, and any such g r a n t shall be available for obligation only during such period. Any g r a n t made from sums reserved under this subsection which has not been obligated by the end of the period for which available shall be added to the amount last allotted to such State under this section and shall be immediately available for obligation in the same manner and to the same extent as such last allotment. " (2) The Administrator is authorized to g r a n t to any State from amounts reserved to such State under this subsection, the reasonable costs of administering any aspects of sections 201, 203, 204, and 212 of this Act the responsibility for administration of which the Administrator has delegated to such State. The Administrator may increase such g r a n t to take into account the reasonable costs of administering an approved program under section 402 or 404, administering a statewide waste treatment management planning program under section 2 0 8 (b)(4), and m a n a g i n g waste treatment construction g r a n t s for small communities.". (b) Section 101(b) of Federal W a t e r Pollution Control Act is amended by inserting immediately after the first sentence the following new sentence: " I t is the policy of Congress that the States manage the construction g r a n t program under this Act and implement the permit programs under sections 402 and 404 of this Act.".

Reserved funds, grants. 33 USC 1285.

33 USC 1281, 1283, 1284, 1292. 33 USC 1342, 1344. Post, p. 1577. Construction grant programs. 33 USC 1251.

SET ASIDE FOR ALTERNATIVE SYSTEMS FOR SMALL, COMMUNITIES

SEC. 27. Section 205 of Federal W a t e r Pollution Control Act is amended by a d d i n g after new subsection (g) a new subsection as follows: " (h) The Administrator shall set aside from funds authorized for each fiscal year beginning on or after October 1, 1978, four per centum of the sums allotted to any State with a r u r a l population of 25 per centum or more of the total population of such State, as determined by the Bureau of the Census. The Administrator may set aside no more than four per centum of the sums allotted to any other State for which the Governor requests such action. Such sums shall be available only for alternatives to conventional sewage treatment works for municipalities having a population of three thousand five hundred or less, or for the highly dispersed sections of larger municipalities, as defined by the Administrator.". FUNDING

SEC. 28. Section 205 of the Federal W a t e r Pollution Control Act Grant increases. IS further amended by a d d i n g at the end thereof the following new subsection:

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 91 STAT. 1576

Ante, p. 1571.

PUBLIC LAW 95-217—DEC. 27, 1977

"(i) Not less than one-half of one per centum of funds allotted to a State for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981, under subsection (a) of this section shall be expended only for increasing^ the Federal share of grants for construction of treatment works utilizing innovative processes and techniques from 75 per centum to 85 per centum pursuant to section 202(a)(2) of this Act. Including the expenditures authorized by the preceding sentence, a total of two per centum of the funds allotted to a State for each of the fiscal years ending September 30, 1979, and September 30, 1980, and 3 per centum of the funds allotted to a State for the fiscal year ending September 30, 1981, under subsection (a) of this section shall be expended only for increasing grants for construction of treatment works from 75 per centum to 85 per centum pursuant to section 202(a)(2) of this Act.". REIMBURSEMENT AND ADVANCED CONSTRUCTION

33 USC 1286. Applications, filing date.

33 USC 1286 note.

33 USC 1251 note.

SEC. 29. (a) Subsection (a) of section 206 of the Federal Water Pollution Control Act is amended by striking out "July 1, 1972," and inserting in lieu thereof "July 1, 1973,". (b) Notwithstanding section 206(c) of the Federal Water Pollution Control Act and section 2 of Public Law 93-207, in the case of publicly owned treatment works for which a grant was made under the Federal Water Pollution Control Act, as amended by the Water Pollution Control Act amendments of 1956 (Public Law 660, Slth Congress) before July 1, 1972, and on which construction was initiated before July 1, 1973, applications for assistance under such section 206 shall be filed not later than the ninetieth day after the date of enactment of the Clean Water Act of 1977. CONSTRUCTION GRANT AUTHORIZATIONS

33 USC 1287.

SEC. 30. Section 207 of the Federal Water Pollution Control Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "and subject to such amounts as are provided in appropriation Acts, for the fiscal year ending September 30, 1977, $1,000,000,000 for the fiscal year ending September 30, 1978, $4,500,000,000 and for the fiscal years ending September 30, 1979, September 30, 1980, September 30, 1981, and September 30, 1982, not to exceed $5,000,000,000 per fiscal year.". AREA WIDE P L A N N I N G

Initial plans, certification and submittal.

33 USC 1288.

Grants.

SEC. 31. (a) Section 208(b)(1) of the Federal Water Pollution Control Act is amended by inserting " (A) " after "(b)(1)" and by adding at the end thereof the following new subparagraph: "(B) For any agency designated after 1975 under subsection (a) of this section and for all portions of a State for which the State is required to act as the planning agency in accordance with subsection (a)(6), the initial plan prepared in accordance with such process shall be certified by the Governor and submitted to the Administrator not later than three years after the receipt of the initial grant award authorized under subsection (f) of this section.". (b) Section 208(f)(2) of the Federal Water Pollution Control Act is amended to read as follows: "(2) For the two-year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each such

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Page:United States Statutes at Large Volume 91.djvu/1611

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1577

g r a n t to such agency shall be 100 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each succeeding one-year period. I n the case of any other grant made to an agency under such paragraph (1) of this subsection, the amount of such g r a n t shall not exceed 75 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process in any year.". (c) The second sentence of section 208(f)(3) of the Federal W a t e r 33 USC 1288. Pollution Control Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "subject to such amounts as are provided in appropriation Acts.". AREAWroE WASTE TREATMENT

MANAGEMENT

SEC. 32. Section 208(b)(2)(A) of the Federal W a t e r Pollution Control Act is amended by inserting before the semicolon a comma and the following: "and an identification of open space and recreation opportunities that can be expected to result from improved water quality, including consideration of potential use of lands associated with treatment works and increased access to water-based recreation". IRRIGATION RETURN

FLOWS

SEC. 33. (a) Section 2 0 8 (b)(2)(F) of the Federal W a t e r Pollution Control Act is amended by adding after "sources of pollution, including" the following: "return flows from irrigated agriculture, and their cumulative effects " (b) Section 502(14) of the'Federal W a t e r Pollution Control Act is amended by adding at the end "thereof the following: "This term does not include return flows from irrigated agriculture.". (c) Section 402 of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof a new subsection as follows: "(1) The Administrator shall not require a permit under this section for discharges composed entirely of return flows from irrigated agriculture, nor shall the Administrator directly or indirectly, require any State to require such a permit.".

33 USC 1362. Permit requirements. 33 USC 1342.

STATE BEST MANAGEMENT PRACTICES PROGRAM

SEC. 34, (a) Paragraph (4) of subsection (b) of section 208 of the Federal W a t e r Pollution Control Act is amended— (1) by inserting " (A) " immediately after " (4) "; (2) by striking out "to the Administrator for application to all regions within such State." and inserting in lieu thereof "to the Administrator for approval for application to a class or category of activity throughout such State."; and (3) by inserting at the end thereof the following new sub- Dredged or fill material, paragraphs: " (B) Any program submitted under subparagraph (A) of this placement. paragraph which, in whole or in part, is to control the discharge or other placement of dredged or fill material into the navigable waters shall include the following: " (i) A consultation process which includes the State agency with p r i m a r y jurisdiction over fish and wildlife resources.

\'v- • ^ • ' = ^? ^: ' ', ^.

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Page:United States Statutes at Large Volume 91.djvu/1612

 91 STAT. 1578

33 USC 1344. 33 USC 1317, 1343.

Statewide regulatory programs, permit requirements.

Program approval withdrawal.

U.S. Fish and Wildlife Service, technical assistance. 33 USC 1288.

Appropriation authorization.

PUBLIC LAW 95-217—DEC. 27, 1977 "(ii) A process to identify and manage the discharge or other placement of dredged or fill material which adversely affects navigable waters, which shall complement and be coordinated with a State program under section 404 conducted pursuant to this Act. "(iii) A process to assure that any activity conducted pursuant to a best management practice will comply with the guidelines established under section 404(b)(1), and sections 307 and 403 of this Act. "(iv) A process to assure that any activity conducted pursuant to a best management practice can be terminated or modified for cause including, but not limited to, the following: " (I) violation of any condition of the best management practice; " ( II) change in any activity that requires either a temporary or permanent reduction or elimination of the discharge pursuant to the best management practice, "(v) A process to assure continued coordination with Federal and Federal-State water-related planning and reviewing processes, including the National Wetlands Inventory. "(C) If the Governor of a State obtains approval from the Administrator of a statewide regulatory program which meets the requirements of subparagraph (B) of this paragraph and if such State is administering a permit program under section 404 of this Act, no person shall be required to obtain an individual permit pursuant to such section, or to comply with a general permit issued pursuant to such section, with respect to any appropriate activity within such State for which a best management practice has been approved by the Administrator under the program approved by the Administrator pursuant to this paragraph. "(D)(i) Whenever the Administrator determines after public hearing that a State is not administering a program approved under this section in accordance with the requirements of this section, the Administrator shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal. "(ii) In the case of a State with a program submitted and approved under this paragraph, the Administrator shall withdraw approval of such program under this subparagraph only for a substantial failure of the State to administer its program in accordance with the requirements of this paragraph.". (b) Section 208 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(i)(1) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall, upon request of the Governor of a State, and without reimbursement, provide technical assistance to such State in developing a statewide program for submission to the Administrator under subsection (b)(4)(B) of this section and in implementing such program after its approval. "(2) There is authorized to be appropriated to the Secretary of the Interior $6,000,000 to complete the National Wetlands Inventory of the United States, by December 31, 1981, and to provide information from such Inventory to States as it becomes available to assist such States in the development and operation of programs under this Act.".

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Page:United States Statutes at Large Volume 91.djvu/1613

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1579

AGRICULTURAL COST SHARING

SEC. 35. Section 208 of the Federal Water Pollution Control Act is Contracts amended by adding at the end thereof the following new subsection: program, "(j)(1) The Secretary of Agriculture, with the concurrence of the establishment Administrator, and acting through the Soil Conservation Service and administration. and such other agencies of the Department of Agriculture as the Sec- 33 USC 1288. retary may designate, is authorized and directed to establish and administer a program to enter into contracts, subject to such amounts as are provided in advance by appropriation acts, of not less than five years nor more than ten years with owners and operators having control of rural land for the purpose of installing and maintaining measures incorporating best management practices to control nonpoint source pollution for improved water quality in those States or areas for which the Administrator has approved a plan under subsection (b) of this section where the practices to which the contracts apply are certified by the management agency designated under subsection (c)(1) of this section to be consistent with such plans and will result in improved water quality. Such contracts may be entered into during the period ending not later than September 31, 1988. Under such contracts the Contract terms. land owner or operator shall agree— "(i) to effectuate a plan approved by a soil conservation district, where one exists, under this section for his farm, ranch, or other land substantially in accordance with the schedule outlined therein unless any requirement thereof is waived or modified by the Secretary; "(ii) to forfeit all rights to further payments or grants under the contract and refund to the United States all payments and grants received thereunder, with interest, upon his violation of the contract at any stage during the time he has control of the land if the Secretary, after considering the recommendations of the soil conservation district, where one exists, and the Administrator, determines that such violation is of such a nature as to warrant termination of the contract, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the contract; " (iii) upon transfer of his right and interest in the farm, ranch, or other land during the contract period to forfeit all rights to further payments or grants under the contract and refund to the United States all payments or grants received thereunder, with interest, unless the transferee of any such land agrees with the Secretary to assume all obligations of the contract; "(iv) not to adopt any practice specified by the Secretary on the advice of the Administrator in the contract as a practice which would tend to defeat the purposes of the contract; "(v) to such additional provisions as the Secretary determines are desirable and includes in the contract to effectuate the purposes of the program or to facilitate the practical administration of the program. "(2) In return for such agreement by the landowner or operator the Technical and Secretary shall agree to provide technical assistance and share the cost financial of carrying out those conservation practices and measures set forth assistance. in the contract for which he determines that cost sharing is appropriate and in the public interest and which are approved for cost shar-

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Page:United States Statutes at Large Volume 91.djvu/1614

 91 STAT. 1580

PUBLIC LAW 95-217—DEC. 27, 1977 ing by the agency designated to implement the plan developed under subsection (b) of this section. The portion of such cost (including labor) to be shared shall be that part which the Secretary determines is necessary and appropriate to effectuate the installation of the water quality management practices and measures under the contract, but not to exceed 50 per centum of the total cost of the measures set forth in the contract; except the Secretary may increase the matching cost share where he determines that (1) the main benefits to be derived from the measures are related to improving offsite water quality, and (2) the matching share requirement would place a burden on the landowner which would probably prevent him from participating in the program.

Contract termination.

Administration agreements reports and costs.

Regulations. Post, p. 1588.

16 USC 1001 note. Appropriation authorization.

"(3) The Secretary may terminate any contract with a landowner or operator by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of contracts previously entered into as he may determine to be desirable to carry out the purposes of the program or facilitate the practical administration thereof or to accomplish equitable treatment with respect to other conservation, land use, or water quality programs. "(4) In providing assistance under this subsection the Secretary will give priority to those areas and sources that have the most significant effect upon water quality. Additional investigations or plans may be made, where necessary, to supplement approved water quality management plans, in order to determine priorities. "(5) The Secretary shall, where practicable, enter into agreements with soil conservation districts, State soil and water conservation agencies, or State water quality agencies to administer all or part of the program established in this subsection under regulations developed by the Secretary. Such agreements shall provide for the submission of such reports as the Secretary deems necessary, and for payment by the United States of such portion of the costs incurred in the administration of the program as the Secretary may deem appropriate. "(6) The contracts under this subsection shall be entered into only in areas where the management agency designated under subsection (c)(1) of this section assures an adequate level of participation by owners and operators having control of rural land in such areas. Within such areas the local soil conservation district, where one exists, together with the Secretary of Agriculture, will determine the priority of assistance among individual land owners and operators to assure that the most critical water quality problems are addressed. "(7) The Secretary, in consultation with the Administrator and subject to section 304(k) of this Act, shall, not later than September 30, 1978, promulgate regulations for carrying out this subsection and for support and cooperation with other Federal and non-Federal agencies for implementation of this subsection. " (8) This program shall not be used to authorize or finance projects that would otherwise be eligible for assistance under the terms of Public Law 83-566. "(9) There are hereby authorized to be appropriated to the Secretary of Agriculture $200,000,000 for fiscal year 1979 and $400,000,000 for fiscal year 1980, to carry out this subsection. The program authorized under this subsection shall be in addition to, and not in substitution of, other programs in such area authorized by this or any other public law.".

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Page:United States Statutes at Large Volume 91.djvu/1615

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1581

GRANT ELIGIBLE CATEGORIES

SEC. 36. Section 211 of the Federal Water Pollution Control Act is 13 USC 1291. amended by inserting " (a) " immediately after "SEC. 211." and by adding at the end thereof the following new subsections: "(b) If the Administrator uses population density as a test for determining the eligibility of a collector sewer for assistance it shall be only for the purpose of evaluating alternatives and determining the needs for such system in relation to ground or surface water quality impact. "(c) No grant shall be made under this title from funds authorized Limitation, for any fiscal year during the period beginning October 1, 1977, and ^ ending September 30, 1982, for treatment works for control of pollutant discharges from separate storm sewer systems.". WASTEWATER STORAGE

SEC. 37. Section 212(2)(A) of the Federal Water Pollution Control 33 USC 1292. Act is amended by inserting "(including land used for the storage of treated wastewater in land treatment systems prior to land application)" after the word "process". PUBLIC INFORMATION PROGRAM

SEC. 38. Title II of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new section: PUBLIC INFORMATION

"SEC. 214. The Administrator shall develop and operate within one 33 USC 1294. year of the date of enactment of this section, a continuing program of public information and education on recycling and reuse of wastewater (including sludge), the use of land treatment, and methods for the reduction of wastewater volume.". BUY AMERICAN

ii^*^'

Vii] fci

SEC. 39. Title II of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new section: " REQUIREMENTS FOR AMERICAN MATERIALS

"SEC. 215. Notwithstanding any other provision of law, no grant for 33 USC 1295. which application is made after February 1, 1978, shall be made under this title for any treatment works unless only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States, substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States will be used in such treatment works. This section shall not apply in any case where the Administrator determines, based upon those factors the Administrator deems relevant, including the available resources of the agency, it to be inconsistent with the public interest (including multilateral government procurement agreements) or the cost to be unreasonable, or if articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the

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Page:United States Statutes at Large Volume 91.djvu/1616

 91 STAT. 1582

PUBLIC LAW 9 5 - 2 1 7 — D E C. 27, 1977 United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.". DETERMINATION OF PRIORITY

SEC. 40. Title II of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof the following new section: "DETERMINATION

Project category hearing. 33 USC 1296.

OF PRIORITY

" SEC. 216. Notwithstanding any other provision of this Act, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hearing, determines that a specific project will not result in compliance with the enforceable requirements of this Act, such project shall be removed from the State's priority list and such State shall submit a revised priority list. These categories shall include, but not be limited to (A) secondary treatment, (B) more stringent treatment, (C) infiltration-in-flow correction, (D) major sewer system rehabilitation, (E) new collector sewers and appurtenances, (F) new interceptors and appurtenances, and (G) correction of combined sewer overflows. Not less than 25 per centum of funds allocated to a State in any fiscal year under this title for construction of publicly owned treatment works in such State shall be obligated for those types of projects referred to in clauses (D), (E), (F), and (G) of this section, if such projects are on such State's priority list for that year and are otherwise eligible for funding in that fiscal year.". COST-EFFECTIVENESS

GUIDELINES

SEC. 41. Title II of the Federal W a t e r Pollution Control Act is amended by a d d i n g at the end thereof the following new section: "COST-EFFECTIVENESS

33 USC 1297.

33 USC 1251

GUIDELINES

" SEC. 217. Any guidelines for cost-effectiveness analysis published by the Administrator under this title shall provide for the identification and selection of cost effective alternatives to comply with the objective and goals of this Act and sections 201(b), 201 (d), 201 (g)(2)(A), and 301(b)(2)(B) of this Act.".

note, 1281, 1^11-

T I M E LIMITATIONS

SEC. 42. (a) Paragraph (2) of subsection (b) of section 301 of the Federal W a t e r Pollution Control Act is amended— (1) in subparagraph (A), by striking out "; and " and inserting in lieu thereof a semicolon; (2) in subparagraph (B), by striking out the period and inserting in lieu thereof a semicolon; and (3) by a d d i n g at the end thereof the following new subparagraphs: " (C) not later than July 1, 1984, with respect to all toxic pollutants referred to in table 1 of Committee P r i n t Numbered 95-30 of the Committee on Public Worlds and Transportation of the House of Representatives compliance with effluent limitations in accordance with subparagraph (A) of this paragraph;

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Page:United States Statutes at Large Volume 91.djvu/1617

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1583

"(D) for all toxic pollutants listed under paragraph (1) of subsection (a) of section 307 of this Act which are not referred to Post, p. 1589. in subparagraph (C) of this paragraph compliance with effluent limitations in accordance with subparagraph (A) of this paragraph not later than three years after the date such limitations are established; " (E) not later than July 1, 1984, effluent limitations for categories and classes of point sources, other than publicly owned treatment works, which in the case of pollutants identified pursuant to section 304(a)(4) of this Act shall require application Post, p. 1587. of the best conventional pollutant control technology as determined in accordance with regulations issued by the Administrator pursuant to section 304(b)(4) of this Act; and " (F) for all pollutants (other than those subject to subparagraphs (C), (D), or (E) of this paragraph) compliance with effluent limitations in accordance with subparagraph (A) of this paragraph not later than 3 years after the date such limitations are established, or not later than July 1, 1984, whichever is later, but in no case later than July 1, 1987.". (b) Paragraph (2)(A) of section 301(b) of the Federal Water Pollution Control Act is amended by striking out "not later than 33 USC 1311. July 1, 1983," and inserting in lieu thereof "for pollutants identified in subparagraphs (C), (D), and (F) of this paragraph,". WAIVER FOR CERTAIN

POLLUTANTS

SEC. 43. Section 301 of the Federal Water Pollution Control Act is Modifications, amended by adding at the end thereof the following new subsection: " (g)(1) The Administrator, with the concurr-ence of the State, shall modify the requirements of subsection (b)(2)(A) of this section with respect to the discharge of any pollutant (other than pollutants identified pursuant to section 304(a)(4) of this Act, toxic pollutants subject to section 307(a) of this Act, and the thermal component of discharges) from any point source upon a showing by the owner or operator of such point source satisfactory to the Administrator that— "(A) such modified requirements will result at a minimum in compliance with the requirements of subsection (b)(1)(A) or (C) of this section, whichever is applicable; "(B) such modified requirements will not result in any additional requirements on any other point or nonpoint source; and "(C) such modification will not interfere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities, in and on the water and such modification will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity or teratogenicity), or synergistic propensities. " (2) If an owner or operator of a point source applies for a modifi- Application, cation under this subsection with respect to the discharge of any eligibility, pollutant, such owner or operator shall be eligible to apply for modification under subsection (c) of this section with respect to such pollutant only durinpr the same time period as he is eligible to apply for a modification under this subsection.".

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Page:United States Statutes at Large Volume 91.djvu/1618

 91 STAT. 1584

PUBLIC LAW 95-217—DEC. 27, 1977 MODIFICATION OF SECONDARY TREATMENT REQUIREMENT

33 USC 1311.

SEC. 44. Section 301 of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof the following new subsection: " (h) The Administrator, with the concurrence of the State, may 33 USC 1342. issue a permit under section 402 which modifies the requirements of subsection (b)(1)(B) of this section with respect to the discharge of any pollutant in an existing discharge from a publicly owned treatment works into marine waters, if the applicant demonstrates to the satisfaction of the Administrator that— " (1) there is an applicable water quality standard specific to the pollutant for which the modification is requested, which has Post, p. 1587. been identified under section 304(a)(6) of this Act; " (2) such modified requirements will not interfere with the attainment or maintenance of that water quality which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife, and allows recreational activities, in and on the water; " (3) the applicant has established a system for monitoring the impact of such discharge on a representative sample of aquatic biota, to the extent practicable; " (4) such modified requirements will not result in any additional requirements on any other point or nonpoint source; " (5) all applicable pretreatment requirements for sources introducing waste into such treatment works will be enforced; " (6) to the extent practicable, the applicant has established a schedule of activities designed to eliminate the entrance of toxic pollutants from nonindustrial sources into such treatment works; " (7) there will be no new or substantially increased discharges from the point source of the pollutant to which the modification applies above that volume of discharge specified in the permit; " (8) any funds available to the owner of such treatment works 33 USC 1281. under title II of this Act will be used to achieve the degree of 33 USC 1281. effluent reduction required by section 201(b) and (g)(2)(A) or to carry out the requirements of this subsection. "The discharge of For the purposes of this subsection the phrase 'the discharge of any any pollutant into pollutant into marine waters' refers to a discharge into deep waters marine waters." of the territorial sea or the waters of the contiguous zone, or into saline estuarine waters where there is strong tidal movement and other hydrological and geological characteristics which the A d m i n i s t r a to r determines necessary to allow compliance with paragraph (2) of this 33 USC 1251. subsection, and section 101(a)(2) of this Act,". M U N I C I P A L T I M E EXTENSIONS

Request, terms and conditions, filing. Supra.

SEC. 45. Section 301 of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof the following new subsection: " (i)(1) Where construction is required in order for a planned or existing publicly owned treatment works to achieve limitations under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A) construction cannot be completed within the time required in such subsection, or (B) the United States has failed to make financial assistance under this Act available in time to achieve such limitations by the time specified in such subsection, the owner or operator of such treatment works may request the Administrator (or if a p p r o p r i a t e the State) to issue a permit pursuant to section 402 of this Act or to modify a permit issued pursuant to that section to extend such time for compliance. Any such

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Page:United States Statutes at Large Volume 91.djvu/1619

 PUBLIC LAW 95-217—DEC. 27, 1977 request shall be filed with the Administrator (or if appropriate the State) within 180 days after the date of enactment of this subsection. The Administrator (or if appropriate the State) may grant such request and issue or modify such a permit, which shall contain a schedule of compliance for the publicly owned treatment works based on the earliest date by which such financial assistance will be available from the United States and construction can be completed, but in no event later than July 1, 1983, and shall contain such other terms and conditions, including those necessary to carry out subsections (b) through (g) of section 201 of this Act, section 307 of this Act, and such interim effluent limitations applicable to that treatment works as the Administrator determines are necessary to carry out the provisions of this Act. "(2)(A) Where a point source (other than a publicly owned treatment works) will not achieve the requirements of subsections (b)(1) (A) and (b)(1)(C) of this section and— "(i) if a permit issued prior to July 1, 1977, to such point source is based upon a discharge into a publicly owned treatment works; or "(ii) if such point source (other than a publicly owned treatment works) had before July 1, 1977, a contract (enforceable against such point source) to discharge into a publicly owned treatment works; or "(iii) if either an application made before July 1, 1977, for a construction grant under this Act for a publicly owned treatment works, or engineering or architectural plans or working drawings made before July 1, 1977, for a publicly owned treatment works, show that such point source was to discharge into such publicly owned treatment works, and such publicly owned treatment works is presently unable to accept such discharge without construction, and in the case of a discharge to an existing publicly owned treatment works, such treatment works has an extension pursuant to paragraph (1) of this subsection, the owner or operator of such point source may request the Administrator (or if appropriate the State) to issue or modify such a permit pursuant to such section 402 to extend such time for compliance. Any such request shall be filed with the Administrator (or if appropriate the State) within 180 days after the date of enactment of this subsection or the filing of a request by the appropriate publicly owned treatment works under paragraph (1) of this subsection, whichever is later. If the Administrator (or if appropriate the State) finds that the owner or operator of such point source has acted in good faith, he may grant such request and issue or modify such a permit, which shall contain a schedule of compliance for the point source to achieve the requirements of subsections (b)(1)(A) and (C) of this section and shall contain such other terms and conditions, including pretreatment and interim effluent limitations and water conservation requirements applicable to that point source, as the Administrator determines are necessary to carry out the provisions of this Act. "(B) No time modification granted by the Administrator (or if appropriate the State) pursuant to paragraph (2)(A) of this subsection shall extend beyond the earliest date practicable for compliance or beyond the date of any extension granted to the appropriate publicly owned treatment works pursuant to paragraph (1) of this subsection, but in no event shall it extend beyond July 1, 1983; and no such time modification shall be granted unless (i) the publicly owned treatment works will be in operation and available to the point source before

91 STAT. 1585

33 USC 1281. 33 USC 1317. 33 USC 1251 note,

33 USC 1342.

Limitations,

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Page:United States Statutes at Large Volume 91.djvu/1620

 91 STAT. 1586

33 USC 1284. 33 USC 1317.

PUBLIC LAW 95-217—DEC. 27, 1977 July 1, 1983, and will meet the requirements of subsections (b)(1) (B) and (C) of this section after receiving the discharge from that point source; and (ii) the point source and the publicly owned treatment works have entered into an enforceable contract requiring the point source to discharge into the publicly owned treatment works, the owner or operator of such point source to pay the costs required under section 204 of this Act, and the publicly owned treatment works to accept the discharge from the point source; and (iii) the permit for such point source requires that point source to meet all requirements under section 307(a) and (b) during the period of such time modification.". PROCEDURE FOR

Applications conditions. Ante, p. 1584.

33 USC 1314.

SEC. 46. Section 301 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(j)(1) Any application filed under this section for a modification of the provisions of— "(A) subsection (b)(1)(B) under subsection (h) of this section shall be filed not later than 270 days after the date of enactment of the Clean Water Act of 1977; "(B) subsection (b)(2)(A) as it applies to pollutants identified in subsection (b)(2)(F) shall be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 304 or not later than 270 days after the date of enactment of the Clean Water Act of 1977, whichever is later. "(2) Any application for a modification filed under subsection (g) of this section shall not operate to stay any requirement under this Act, unless in the judgment of the Administrator such a stay or the modification sought will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or teratogenicity), or synergistic propensities, and that there is a substantial likelihood that the applicant will succeed on the merits of such application. In the case of an application filed under subsection (g) of this section, the Administrator may condition any stay granted under this paragraph on requiring the filing of a bond or other appropriate security to assure timely compliance with the requirements from which a modification is sought.". INNOVATIVE

eompliance date extension. Supra.

MODIFICATIONS

TECHNOLOGY

SEC. 47. Section 301 of the Federal Water Pollution Control Act is amended by adding at the end thereof a new subsection as follows: " (k) In the case of any facility subject to a permit under section 402 which proposes to comply with the requirements of subsection (b)(2) (A) of this section by replacing existing production capacity with an innovative production process which will result in an effluent reduction significantly greater than that required by the limitation otherwise applicable to such facility and moves toward the national goal of eliminating the discharge of all pollutants, or with the installation of an innovative control technique that has a substantial likelihood for enabling the facility to comply with the applicable effluent limitation by achieving a significantly greater effluent reduction than that required by the applicable effluent limitation and moves toward the national goal of eliminating the discharge of all pollutants, or by achieving the required reduction with an innovative system that has

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91 STAT. 1587

the potential for significantly lower costs than the systems which have been determined by the Administrator to be economically achievable, the Administrator (or the State with an approved program under section 402, in consultation with the Administrator) may establish a date for compliance under subsection (b)(2)(A) of this section no later than July 1, 1987, if it is also determined that such innovative system has the potential for industrywide application.". INFORMATION AND GUIDELINES

SEC. 48. (a) Section 304(a) of the Federal Water Pollution Control 33 USC 1314. Act is amended by adding at the end thereof the following new paragraphs: "(4) The Adnynistrator shall, within 90 days after the date of Conventional enactment of the Clean Water Act of 1977 and froin time to time pollutants, thereafter, publish and revise as appropriate information identifying publication and conventional pollutants, including but not limited to, pollutants revision. classified as biological oxygen demanding, suspended solids, fecal coliform, and pH. The thermal component of any discharge shall not be identified as a conventional pollutant under this paragraph. "(5)(A) The Administrator, to the extent practicable before con- Public water sideration of any request under section 301(g) of this Act and within supplies. six months after the date of enactment of the Clean Water Act of Ante, p. 1583. 1977, shall develop and publish information on the factors necessary for the protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish and wildlife, and to allow recreational activities, in and on the water. "(B) The Administrator, to the extent practicable before consideration of any application under section 301(h) of this Act and within Ante, p. 1584. six months after the date of enactment of the Clean Water Act of 1977, shall develop and publish information on the factors necessary for the protection of public water supplies, and the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife, and to allow recreational activities, in and on the water. "(6) The Administrator shall, within three months after enactment of the Clean Water Act of 1977 and annually thereafter, for purposes of section 301(h) of this Act publish and revise as appropriate information identifying each water quality standard in effect under this Act or State law, the specific pollutants associated with such water quality standard, and the particular waters to which such water quality standard applies.". (b) Section 304(b) of the Federal Water Pollution Control Act is amended— (1) in paragraph (2)(B), by striking o u t "; and" and inserting in lieu thereof a semicolon; (2) in paragraph (3), by striking out the period at the end thereof and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(4)(A) identify, in terms of amounts of constituents and chemical, physical, and biological characteristics of pollutants, the degree of effluent reduction attainable through the application of the best conventional pollutant control technology (including measures and practices) for classes and categories of point sources (other than publicly owned treatment works); and "(B) specify factors to be taken into account in determining the best conventional pollutant control technology measures and practices to comply with section 301(b)(2)(E) of this Act to be Ante, p. 1582.

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Page:United States Statutes at Large Volume 91.djvu/1622

 91 STAT. 1588 Cost analysis.

PUBLIC LAW 95-217—DEC. 27, 1977 applicable to any point source (other than publicly owned treatment works) within such categories or classes. Factors relating to the assessment of best conventional pollutant control technology (including measures and practices) shall include consideration of the reasonableness of the relationship between the costs of attaining a reduction in effluents and the effluent reduction benefits derived, and the comparison of the cost and level of reduction of such pollutants from the discharge from publicly owned treatment works to the cost and level of reduction of such pollutants from a class or category of industrial sources, and shall take into account the age of equipment and facilities involved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, non-water quality environmental impact (including energy requirements), and such other factors as the Administrator deems appropriate.". IDENTinCATION" AND EVALUATION G U m E L I N E S

Consultation. 33 USC 1314.

Ante, p. 1569.

SEC. 49. Subsection (d) of section 304 of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof the following new paragraph: " (3) The Administrator, after consultation with a p p r o p r i a t e Federal and State agencies and other interested persons, shall promulgate within one h u n d r e d and eighty days after the date of enactment of this subsection guidelines for identifying and evaluating innovative and alternative wastewater treatment processes and techniques referred to in section 201(g)(5) of this Act.". BEST MANAGEMENT PRACTICES FOR INDUSTRY

33 USC 1314.

Regulations.

Post, p. 1589. 33 USC 1321.

33 USC 1311, 1312, 1316, 1317, 1343. 33 USC 1342. Supra.

SEC. 50. Section 304 of the Federal W a t e r Pollution Control Act is amended by inserting^ immediately after subsection (d) the following new subsection and by redesignating succeeding subsections, including references thereto, accordingly: " (e) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, may publish regulations, supplemental to any effluent limitations specified under subsections (b) and (c) of this section for a class or category of point sources, for any specific pollutant which the Administrator is charged with a duty to regulate as a toxic or hazardous pollutant under section 307(a)(1) or 311 of t h i s Act, to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage which the Administrator determines are associated with or ancillary to the industrial manufacturing or treatment process within such class or category of point sources and may contribute significant amounts of such pollutants to navigable waters. Any applicable controls established under this subsection shall be included as a requirement for the purposes of section 301, 302, 306, 307, or 403, as the case may be, in any permit issued to a point source pursuant to section 402 of this Act.". I N T E R A G E N C Y AGREEMENTS

SEC. 51. Section 304(k) of the Federal W a t e r Pollution Control Act as redesignated by this Act is amended to read as follows: " (k)(l) The Administrator shall enter into agreements with the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior, and the heads of such other departments, agencies, and instrumentalities of the United States as the Administrator deter-

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mines, to provide for the maximum utilization of other Federal laws and programs for the purpose of achieving and maintaining water quality through appropriate implementation of plans approved under 33 USC 208. section 208 of this Act. "(2) The Administrator is authorized to transfer to the Secretary Funds, transfer. of Agriculture, the Secretary of the Army, and the Secretary of the Interior and the heads of such other departments, agencies, and instrumentalities of the United States as the Administrator determines, any funds appropriated under paragraph (3) of this subsection to supplement funds otherwise appropriated to programs authorized pursuant to any agreement under paragraph (1). "(3) There is authorized to be appropriated to carry out the provi- Appropriation sions of this subsection, $100,000,000 per fiscal year for the fiscal years authorization. 1979 through 1983.". STATE REPORTS

SEC. 52. Subsection (b) of section 305 of the Federal Water Pollution 33 USC 1315. Control Act is amended— (1) by striking out "January 1, 1975, and shall bring up to date each year thereafter," in paragraph (1) and inserting in lieu thereof "April 1, 1975, and shall bring up to date by April 1, 1976, and biennially thereafter,"; and (2) by striking out "annually" in paragraph (2) and inserting in lieu thereof the following: "October 1, 1976, and biennially". TOXIC POLLUTANTS

SEC. 53. (a) Paragraphs (1), (2), and (3) of section 307(a) of the Federal Water Pollution Control Act are amended to read as follows: "(a)(1) On and after the date of enactment of the Clean Water Act of 1977, the list of toxic pollutants or combination of pollutants subject to this Act shall consist of those toxic pollutants listed in table 1 of Committee Print Numbered 95-30 of the Committee on Public Works and Transportation of the House of Representatives, and the Administrator shall publish, not later than the thirtieth day after the date of enactment of the Clean Water Act of 1977, that list. From time to time thereafter, the Administrator may revise such list and the Administrator is authorized to add to or remove from such list any pollutant. The Administrator in publishing any revised list, including the addition or removal of any pollutant from such list, shall take into account toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms, and the nature and extent of the effect of the toxic pollutant on such organisms. A determination of the Administrator under this paragraph shall be final except that if, on judicial review, such determination was based on arbitrary and capricious action of the Administrator, the Administrator shall make a redetermination. "(2) Each toxic pollutant listed in accordance with paragraph (1) of this subsection shall be subject to effluent limitations resulting from the application of the best available technology economically achievable for the applicable category or class of point sources established in accordance with sections 301(b)(2)(A) and 304(b)(2) of this Act. The Administrator, in his discretion, may publish in the Federal Register a proposed effluent standard (which may include a prohibition) establishing requirements for a toxic pollutant which, if an effluent limitation is applicable to a class or category of point sources,

Effluent standards list, publication and revision. 33 USC 1317.

Redetermination.

Ante, pp. 1583, 1587. Standards promulgation, publication in Federal Register.

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 91 STAT. 1590

Comments and public hearing.

Revised standard.

Ante, pp. 1583, 1587.

Standards review. Effective date.

33 USC 1317.

Modification prohibition.

33 USC 1311.

PUBLIC LAW 95-217—DEC. 27, 1977

shall be applicable to such category or class only if such standard imposes more stringent requirements. Such published effluent standard (or prohibition) shall take into account the toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the effect of the toxic pollutant on such organisms, and the extent to which effective control is being or may be achieved under other regulatory authority. The Administrator shall allow a period of not less than sixty days following publication of any such proposed effluent standard (or prohibition) for written comment by interested persons on such proposed standard. In addition, if withm thirty days of publication of any such proposed effluent standard (or prohibition) any interested person so requests, the Administrator shall hold a public hearing in connection therewith. Such a public hearing shall provide an opportunity for oral and written presentations, such cross-examination as the Administrator determines is appropriate on disputed issues of material fact, and the transcription of a verbatim record which shall be available to the public. After consideration of such comments and any information and material presented at any public hearing held on such proposed standard or prohibition, the Administrator shall promulgate such standard (or prohibition) with such modification as the Administrator finds are justified. Such promulgation by the Administrator shall be made within two hundred and seventy days after publication of proposed standard (or prohibition). Such standard (or prohibition) shall be final except that if, on judicial review, such standard was not based on substantial evidence, the Administrator shall promulgate a revised standard. Effluent limitations shall be established in accordance with sections 301(b)(2)(A) and 304(b)(2) for every toxic pollutant referred to in table 1 of Committee Print Numbered 95-30 of the Committee on Public Works and Transportation of the House of Representatives as soon as practicable after the date of enactment of the Clean Water Act of 1977, but no later than July 1, 1980. Such effluent limitations or effluent standards (or prohibitions) shall be established for every other toxic pollutant listed under paragraph (1) of this subsection as soon as practicable after it is so listed. "(3) Each such effluent standard (or prohibition) shall be reviewed and, if appropriate, revised at least every three years.". (b) Paragraph (6) of section 307(a) of the Federal Water Pollution Control Act is amended to read as follows: "(6) Any effluent standard (or prohibition) established pursuant to this section shall take effect on such date or dates as specified in the order promulgating such standard, but in no case, more than one year from the date of such promulgation. If the Administrator determines that compliance within one year from the date of promulgation is technologically infeasible for a category of sources, the Administrator may establish the effective date of the effluent standard (or prohibition) for such category at the earliest date upon which compliance can be feasibly attained by sources within such category, but in no event more than three years after the date of such promulgation.". (c) Section 301 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(1) The Administrator may not modify any requirement of this section as it applies to any specific pollutant which is on the toxic pollutant list under section 307(a)(1) of this Act.".

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91 STAT. 1591

PRETREATMENT

SEC. 54. (a) Section 307(b)(1) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new sentence: "If, in the case of any toxic pollutant under subsection (a) of this section introduced by a source into a publicly owned treatment works, the treatment by such works removes all or any part of such toxic pollutant and the discharge from such works does not violate that effluent limitation or standard which would be applicable to such toxic pollutant if it were discharged by such source other than through a publicly owned treatment works, and does not prevent sludge use or disposal by such works in accordance with section 405 of this Act, then the pretreatment requirements for the sources actually discharging such toxic pollutant into such publicly owned treatment works may be revised by the owner or operator of such works to reflect the removal of such toxic pollutant by such works.". (b) Section 309 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(f) Whenever, on the basis of any information available to him, the Administrator finds that an owner or operator of any source is introducing a pollutant into a treatment works in violation of subsection (d) of section 307, the Administrator may notify the owner or operator of such treatment works and the State of such violation. If the owner or operator of the treatment works does not commence appropriate enforcement action within 30 days of the date of such notification, the Administrator may commence a civil action for appropriate relief, including but not limited to, a permanent or temporary injunction, against the owner or operator of such treatment works. In any such civil action the Administrator shall join the owner or operator of such source as a party to the action. Such action shall be brought in the district court of the United States in the district in which the treatment works is located. Such court shall have jurisdiction to restrain such violation and to require the owner or operator of the treatment works and the owner or operator of the source to take such action as may be necessary to come into compliance with this Act. Notice of commencement of any such action shall be given to the State. Nothing in this subsection shall be construed to limit or prohibit any other authority the Administrator may have under this Act.". (c)(1) Section 402(b)(8) of the Federal Water Pollution Control Act is amended by inserting after "includes conditions to require" the following: "the identification in terms of character and volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under section 307(b) of this Act into such works and a program to assure compliance with such pretreatment standards by each such source, in addition to". (2) Any State permit program approved under section 402 of the Federal Water Pollution Control Act before the date of enactment of the Clean Water Act of 1977, which requires modification to conform to the amendment made by paragraph (1) of this subsection, shall not be required to be modified before the end of the one year period which begins on the date of enactment of the Clean Water act of 1977 unless in order to make the required modification a State must amend or enact a law in which case such modification shall not be required for such State before the end of the two year period which begins on such date of enactment. (d) Section 405 of the Federal Water Pollution Control Act is amended (1) by striking out in subsection (b) thereof "subject to

Requirement revision.

33 USC 1317.

Infra.

Enforcement, notification. Judicial relief.

33 USC 1319.

State permit programs.

33 USC 1342.

Modifications.

33 USC 1342 note.

Sewage sludge disposal.

33 USC 1345.

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 91 STAT. 1592

Regulations, consultation and publication.

Revision.

PUBLIC LAW 95-217—DEC. 27, 1977 this section" and inserting in lieu thereof "subject to subsection (a) of this section", (2) by striking out in subsection (c) thereof "sewage sludge" and inserting in lieu thereof "sewage sludge subject to subsection (a) of this section", and (3) by adding at the end thereof the following new subsections: "(d) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after the date of enactment of this subsection and from time to time thereafter, regulations providing guidelines for the disposal of sludge and the utilization of sludge for various purposes. Such regulations shall— "(1) identify uses for sludge, including disposal; "(2) specify factors to be taken into account in determining the measures and practices applicable to each such use or disposal (including piiblication of information on costs); " (3) identify concentrations of pollutants which interfere with each such use or disposal. The Administrator is authorized to revise any regulation issued under this subsection. "(e) The determination of the manner of disposal or use of sludge is a local determination except that it shall be unlawful for the owner or operator of any publicly owned treatment works to dispose of slud'!;e from such works for any use for which guidelines have been established pursuant to subsection (d) of this section, except in accordance with such guidelines.". TECHNICAL AND CONFORMING

Enforcement, State compliance orders.

33 USC 1319.

AMENDMENTS

SEC. 55. (a) Paragraph (1) of subsection (a) of section 309 of the Federal Water Pollution Control Act is amended by striking "or 308" in the first sentence thereof and inserting in lieu thereof "308, 318, or 405". (b) Paragraph (3) of subsection (a) of section 309 of the Federal Water Pollution Control Act is amended by striking "or 308" in the first sentence thereof and inserting in lieu thereof "308, 318, or 405". (c) Subsection (d) of section 309 of the Federal Water Pollution Control Act is amended by striking "or 308" in the first sentence thereof and inserting in lieu thereof "308, 318, or 405". 19 77 DEADLINES

Compliance order specifications.

SEC. 56. (a) The third sentence of section 309(a)(2) of the Federal Water Pollution Control Act is amended by striking out "the Administrator shall" and by inserting in lieu thereof the following: "except where an extension has been granted under paragraph (5)(B) of this subsection, the Administrator shall". (b) Section 309(a)(4) of the Federal Water Pollution Control Act is amended by striking out the second sentence thereof. (c) Section 309(a) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new paragraphs: " (5)(A) Any order issued under this subsection shall be by personal service, shall state with reasonable specificity the nature of the violation, and shall specify a time for compliance not to exceed thirty days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a time the Administrator determines to be reasonable in the case of a violation of a final

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