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 101 STAT. 22

PUBLIC LAW 100-4—FEB. 4, 1987

"TITLE VI—STATE WATER POLLUTION CONTROL REVOLVING FUNDS 33 USC 1381.

33 USC 1292. Post, p. 52. Post, p. 61.

Post, p. 25.

33 USC 1382.

"SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS.

"(a) GENERAL AUTHORITY.—Subject to the provisions of this title, the Administrator shall make capitalization grants to each State for the purpose of establishing a water pollution control revolving fund for providing assistance (1) for construction of treatment works (as defined in section 212 of this Act) which are publicly owned, (2) for implementing a management program under section 319, and (3) for developing and implementing a conservation and management plan under section 320. "(b) SCHEDULE OF GRANT PAYMENTS.—The Administrator and each State shall jointly establish a schedule of payments under which the Administrator will pay to the State the amount of each grant to be made to the State under this title. Such schedule shall be based on the State's intended use plan under section 606(c) of this Act, except that— "(1) such payments shall be made in quarterly installments, and "(2) such payments shall be made as expeditiously as possible, but in no event later than the earlier of— "(A) 8 quarters after the date such funds were obligated by the State, or "(B) 12 quarters after the date such funds were allotted to the State. "SEC. 602. CAPITALIZATION GRANT AGREEMENTS.

"(a) GENERAL RULE.—To receive a capitalization grant with funds Post, p. 27. made available under this title and section 205(m) of this Act, a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifications set forth in subsection (b) of this section. "(b) SPECIFIC REQUIREMENTS.—The Administrator shall enter into an agreement under this section with a State only after the State has established to the satisfaction of the Administrator that— "(1) the State will accept grant payments with funds to be .' s \ f; S made available under this title and section 205(m) of this Act in accordance with a payment schedule established jointly by the Administrator under section 601(b) of this Act and will deposit all such payments in the water pollution control revolving fund established by the State in accordance with this title; .3? r r< a-: "(2) the State will deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of all capitalization grants which will be made to the State with funds to be made available under this title and section 205(m) of this Act on or before the date on which each quarterly grant payment will be made to the State under this title; "(3) the State will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment;

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 by Lanfranc, who is said to have contributed a thousand marks towards the expense of the building. He placed bells in the great tower, one of which was given by a wealthy Englishman named Lyulf, who sold some of his flocks to buy it, and the other by Lyulf's wife (Gesta Abbatum, i. 60). The monastic reform that was urged forward by Lanfranc was thoroughly carried out by Paul at St. Albans, which under his rule became a pattern of religious order and discipline to all the Benedictine houses in England. Under him, too, the monastery became a place of learning; he rebuilt the ‘Scriptorium,’ assigned to it a separate endowment, so that the scribes employed in it had their own daily allowances, and caused many books to be copied by well-skilled hands. He gave a large number of relics, vestments, ornaments, and other precious things to the convent, and among them twenty-eight fine volumes, besides psalters and other service books. Certain lands that had been lost to the monastery were regained through his exertions, and its possessions were further increased by the gifts of benefactors who admired the vigour of his rule and the reformation that he effected in his house (ib. p. 55). On some of these new possessions—at Wallingford in Berkshire, Tynemouth in Northumberland, Belvoir in Lincolnshire, Hertford, and Binham in Norfolk—he, by the advice of Lanfranc, founded cells or dependent priories, inhabited by monks from St. Albans, and ruled by priors sent from the mother-house. On the other hand, certain of the abbey's lands were lost in his time, some through his carelessness, and others in consequence of leases that he granted without having sufficiently provided against frauds and legal subtleties. He also secretly, and to the great damage of his church, enriched with its property his Norman kinsmen, no doubt relations of his mother, who were unworthy, lazy, and ignorant, some being unable to write. Like Lanfranc, he despised the English monks, and destroyed the tombs of his English predecessors, many of them men of royal race and venerable memory, declaring that they were ignorant and uncultivated. Probably owing to his contempt for the English, he neglected to translate the bones of [q. v.], king of Mercia, the founder of his house, into his new church. Nevertheless, while recording these injuries that Paul caused to St. Albans, Matthew Paris declares that the good that he did to the abbey outweighed the evil. In 1089, probably on the death of Lanfranc, Paul sent the rules that the archbishop had drawn up for the English Benedictines to Anselm, and received his approval of them. When Anselm was appointed archbishop in 1093, Paul supplied him with money, and Anselm is said to have shown his gratitude by contributing to the rebuilding of the abbey. In that year Paul went to take possession of the church of Tynemouth. It had been granted to the abbey by [q. v.], earl of Northumberland, at his request, and sorely against the will of the monks of Durham, who claimed it, and with whom the earl had a quarrel. When Paul reached York, Turgot, the prior of Durham, sent a deputation of monks and clerks, who, in the presence of Thomas, archbishop of York, solemnly forbade Paul to take possession of the church, to which he had already sent a body of his monks. He answered indignantly, and took no heed of the friar's message. While he was at Tynemouth he fell sick, and as he was returning died at Settrington in the East Riding of Yorkshire, on 11 Nov. The monks of Durham regarded his death as a judgment on him for violating the rights of their church (.) He was a typical specimen of the better sort of the Norman abbots of his time, devoted to the monastic life, a lover of literature, a strict disciplinarian, and an able and magnificent ruler, yet with some of the faults of his race, for he was proud, scornful, and apparently addicted to forwarding the interests of his kinsfolk by all means in his power, however unfair to others.

PAUL, (d. 1099), succeeded to the earldom while Orkney was under the suzerainty of Norway, conjointly with his younger brother, Erlend, on the death of their father, Earl Torfinn, in 1064. He was closely related to the reigning families both of Scotland and Norway, his mother, Ingibiörg, daughter of Earl Finn Arnasson, being cousin-german to Thora, wife of Harald Sigurdson (Hardradi), king of Norway, and mother of King Olaf the Quiet; while his paternal grandmother was a daughter of Malcolm II of Scotland. His mother, on his father Torfinn's death, mar-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/53

 PUBLIC LAW 100-4—FEB. 4, 1987 "(4) all funds in the fund will be expended in an expeditious and timely manner; "(5) all funds in the fund as a result of capitalization grants under this title and section 205(m) of this Act will first be used < to assure maintenance of progress, as determined by the ^ Governor of the State, toward compliance with enforceable deadlines, goals, and requirements of this Act, including the municipal compliance deadline; "(6) treatment works eligible under section 603(c)(1) of this Act which will be constructed in whole or in part before fiscal year 1995 with funds directly made available by capitalization ^ grants under this title and section 205(m) of this Act will meet the requirements of, or otherwise be treated (as determined by the Governor of the State) under sections 201(b), 201(g)(1), 201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(l), 201(o), 204(a)(1), g 204(a)(2), 204(b)(1), 204(d)(2), 211, 218, 511(c)(1), and 513 of this ^ Act in the same manner as treatment works constructed with assistance under title II of this Act; "(7) in addition to complying with the requirements of this 5 title, the State will commit or expend each quarterly grant " payment which it will receive under this title in accordance with laws and procedures applicable to the commitment or ' expenditure of revenues of the State; "(8) in carrying out the requirements of section 606 of this ? Act, the State will use accounting, audit, and fiscal procedures conforming to generally accepted government accounting '^ standards; "(9) the State will require as a condition of making a loan or providing other assistance, as described in section 603(d) of this t Act, from the fund that the recipient of such assistance will maintain project accounts in accordance with generally i^ accepted government accounting standards; and "(10) the State will make annual reports to the Administrator on the actual use of funds in accordance with section 606(d) of •• this Act. "SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

101 STAT. 23

»j£

Post, p. 27.

33 USC 1281, 1284, 1291, 1298, 1371, 1372. 33 USC 1281.

Post, p. 25.

Loans,

Reports, Post, p. 26. 33 USC 1383.

"(a) REQUIREMENTS FOR OBLIGATION OF GRANT FUNDS.—Before a

State may receive a capitalization grant with funds made available » • "-•" under this title and section 205(m) of this Act, the State shall first establish a water pollution control revolving fund which complies with the requirements of this section. "(b) ADMINISTRATION,—Each State water pollution control revolving fund shall be administered by an instrumentality of the State with such powers and limitations as may be required to operate such fund in accordance with the requirements and objectives of this Act. "(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance (1) to any municipality, intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 212 of this Act), (2) for the implementation of a management program estab- 33 USC 1292. lished under section 319 of this Act, and (3) for development and Post, p. 52. implementation of a conservation and management plan under section 320 of this Act. The fund shall be established, maintained. Post, p. 61. and credited with repayments, and the fund balance shall be available in perpetuity for providing such financial assistance.

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 101 STAT. 24

PUBLIC LAW 100-4—FEB. 4, 1987 "(d) TYPES O F ASSISTANCE.—Except as otherwise limited by State law, a w a t e r pollution control revolving fund of a State under t h i s section may be used only— "(1) to m a k e loans, on the condition that — • - -srix "(A) such loans a r e m a d e a t or below m a r k e t interest

^>_i^;; 41'...

rates, including interest free loans, at terms not to exceed 20 years; ' (B) annual principal and interest payments will comj.i.f mence not later than 1 year after completion of any project and all loans will be fully amortized not later than 20 years after project completion; "(C) the recipient of a loan will establish a dedicated i source of revenue for repayment of loans; and "(D) the fund will be credited with all payments of principal and interest on all loans; "(2) to buy or refinance the debt obligation of municipalities and intermunicipal and interstate agencies within the State at f-y. .%-§ or below market rates, where such debt obligations were incurred after March 7, 1985; "(3) to guarantee, or purchase insurance for, local obligations Insurance. where such action would improve credit market access or ,^. reduce interest rates; "(4) as a source of revenue or security for the payment of Securities. principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of such bonds will be deposited in the fund; "(5) to provide loan guarantees for similar revolving funds I; r established by municipalities or intermunicipal agencies; "(6) to earn interest on fund accounts; and "(7) for the reasonable costs of administering the fund and conducting activities under this title, except that such amounts shall not exceed 4 percent of all grant awards to such fund under this title. "(e) LIMITATION TO PREVENT DOUBLE BENEFITS.—If a State makes, from its water pollution revolving fund, a loan which will finance the cost of facility planning and the preparation of plans, specifications, and estimates for construction of publicly owned treatment works, the State shall ensure that if the recipient of such loan receives a grant under section 201(g) of this Act for construction of 33 USC 1281. such treatment works and an allowance under section 201(1)(1) of this Act for non-Federal funds expended for such planning and preparation, such recipient will promptly repay such loan to the extent of such allowance. "(f) CONSISTENCY WITH PLANNING REQUIREMENTS.—A State may provide financial assistance from its water pollution control revolving fund only with respect to a project which is consistent with plans, if any, developed under sections 205(j), 208, 303(e), 319, and 33 USC 1285, 320 of this Act. 1288, 1313; post, "(g) PRIORITY LIST REQUIREMENT.—The State may provide finanpp. 52, 61. cial assistance from its water pollution control revolving fund only with respect to a project for construction of a treatment works described in subsection (c)(l) if such project is on the State's priority list under section 216 of this Act. Such assistance may be provided 33 USC 1296. regardless of the rank of such project on such list. (h) EuGiBiuTY OF NON-FEDERAL SHARE OF CONSTRUCTION GRANT rn PROJECTS.—A State water pollution control revolving fund may provide assistance (other than under subsection (d)(l) of this section)

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 25

to a municipality or intermunicipal or interstate agency with respect to the non-Federal share of the costs of a treatment works project for which such municipality or agency is receiving assistance from the Administrator under any other authority only if such assistance is necessary to allow such project to proceed. "SEC. 604. ALLOTMENT OF FUNDS.

"(a) FORMULA.—Sums authorized to be appropriated to carry out this section for each of fiscal years 1989 and 1990 shall be allotted by the Administrator in accordance with section 205(c) of this Act. "Q)) RESERVATION OF FUNDS FOR PLANNING.—Each State shall reserve each fiscal year 1 percent of the sums allotted to such State under this section for such fiscal year, or $100,000, whichever amount is greater, to carry out planning under sections 205(j) and 303(e) of this Act.

33 USC 1384.

33 USC 1285. j.;,,:j^.,, j ^ 33 USC 1313.

"(c) ALLOTMENT PERIOD.— "(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.—Sums allot-

ted to a State under this section for a fiscal year shall be available for obligation by the State during the fiscal year for which sums are authorized and during the following fiscal year. "(2) REALLOTMENT OF UNOBLIGATED FUNDS.—The amount of

.

.

c.. j

^

any allotment not obligated by the State by the last day of the 2-year period of availability established by paragraph (1) shall be immediately reallotted by the Administrator on the basis of the same ratio as is applicable to sums allotted under title II of this Act for the second fiscal year of such 2-year 33 USC 1281. period. None of the funds reallotted by the Administrator shall be reallotted to any State which has not obligated all sums allotted to such State in the first fiscal year of such 2-year period. ,* ^ ^

"SEC. 605. CORRECTIVE ACTION. "(a) NOTIFICATION OF NONCOMPLIANCE.—If the Administrator

33 USC 1385. ,,=,,,

determines that a State has not complied with its agreement with the Administrator under section 602 of this Act or any other Ante, p. 22. requirement of this title, the Administrator shall notify the State of such noncompliance and the necessary corrective action. "(b) WITHHOLDING OF PAYMENTS.—If a State does not take corrective action within 60 days after the date a State receives notification of such action under subsection (a), the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action, "(c) REALLOTMENT OF WITHHELD PAYMENTS.—If the Administrator is not satisfied that adequate corrective actions have been taken by the State within 12 months after the State is notified of such actions under subsection (a), the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this title. "SEC. 606. A U D I T S, REPORTS, AND FISCAL CONTROLS; INTENDED USE 33 USC 1386. PLAN.

"(a) FISCAL CONTROL AND AUDITING PROCEDURES.—Each State electing to establish a water pollution control revolving fund under this title shall establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate account ing periods for—

i '- '

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Page:United States Statutes at Large Volume 101 Part 1.djvu/56

 101 STAT. 26

PUBLIC LAW 100-4—FEB. 4, 1987

"(1) payments received by the fund; "(2) disbursements made by the fund; and "(3) fund balances at the beginning and end of the accounting period. "(b) ANNUAL FEDERAL AUDITS.—The Administrator shall, at least on an annual basis, conduct or require each State to have independently conducted reviews and audits as may be deemed necessary or appropriate by the Administrator to carry out the objectives of this section. Audits of the use of funds deposited in the water pollution '"'*-' revolving fund established by such State shall be conducted in accordance with the auditing procedures of the General Accounting 31 USC 7501 et Office, including chapter 75 of title 31, United States Code. ««9"(c) INTENDED USE PLAN.—After providing for public comment and review, each State shall annually prepare a plan identifying the ' A intended uses of the amounts available to its water pollution control revolving fund. Such intended use plan shall include, but not be limited to— "(1) a list of those projects for construction of publicly owned treatment works on the State's priority list developed pursuant 33 USC 1296. to section 216 of this Act and a list of activities eligible for assistance under sections 319 and 320 of this Act; Post, pp. 52, 62. "(2) a description of the short- and long-term goals and objectives of its water pollution control revolving fund; "(3) information on the activities to be supported, including a description of project categories, discharge requirements under 33 USC 1311, titles III and IV of this Act, terms of financial assistance, and 1341. communities served; "(4) assurances and specific proposals for meeting the requirements of paragraphs (3), (4), (5), and (6) of section 602(b) of this Act; and Ante, p. 22. "(5) the criteria and method established for the distribution of funds. "(d) ANNUAL REPORT.—Beginning the first fiscal year after the Loans. receipt of payments under this title, the State shall provide an annual report to the Administrator describing how the State has met the goals and objectives for the previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsection (c), including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistance provided from the water pollution control revolving fund. "(e) ANNUAL FEDERAL OVERSIGHT REVIEW.—The Administrator Loans. shall conduct an annual oversight review of each State plan prepared under subsection (c), each State report prepared under subsection (d), and other such materials as are considered necessary and appropriate in carrying out the purposes of this title. After reasonable notice by the Administrator to the State or the recipient of a loan from a water pollution control revolving fund, the State or loan recipient shall make available to the Administrator such records as the Administrator reasonably requires to review and determine compliance with this title. "(f) APPLICABILITY OF TITLE II PROVISIONS.—Except to the extent

33 USC 1281.

provided in this title, the provisions of title II shall not apply to grants under this title.

33 USC 1387.

"SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

"There is authorized to be appropriated to carry out the purposes of this title the following sums:

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 PUBLIC LAW 100-4—FEB. 4, 1987 ^ -

101 STAT. 27

"(1) $1,200,000,000 per fiscal year for each of fiscal years 1989 and 1990; "(2) $2,400,000,000 for fiscal year 1991; "(3) $1,800,000,000 for fiscal year 1992; "(4) $1,200,000,000 for fiscal year 1993; and "(5) $600,000,000 for fiscal year 1994.".

«am.J

8

(b) STATE-OPTION TO USE TITLE II FUNDS.—Section 205 is amended

33 USC 1285.

by adding at the end thereof the following new subsection: "(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTION CONTROL REVOLVING FUNDS.— "(1) FROM CONSTRUCTION GRANT ALLOTMENTS.—In addition to

any amounts deposited in a water pollution control revolving fund established by a State under title VI, upon request of the Ante, p. 22. Governor of such State, the Administrator shall make available to the State for deposit, as capitalization grants, in such fund in any fiscal year beginning after September 30, 1986, such portion of the amounts allotted to such State under this section for such ..•a,.:. fiscal year as the Governor considers appropriate; except that (A) in fiscal year 1987, such deposit may not exceed 50 percent of the amounts allotted to such State under this section for such fiscal year, and (B) in fiscal year 1988, such deposit may not exceed 75 percent of the amounts allotted to such State under this section for this fiscal year. "(2) NOTICE REQUIREMENT.—The Governor of a State may make a request under paragraph (1) for a deposit into the water pollution control revolving fund of such State— w. *. "(A) in fiscal year 1987 only if no later than 90 days after the date of the enactment of this subsection, and Si? "(B) in each fiscal year thereafter only if 90 days before the first day of such fiscal year, the State provides notice of its intent to make such deposit. "(3) EXCEPTION.—Sums reserved under section 205(j) of this Act shall not be available for obligation under this subsection.". (c) REPORT TO CONGRESS.—Section 516 is amended by adding at the

33 USC 1375.

end thereof the following new subsection: "(g) STATE REVOLVING FUND REPORT.—

'

'

'-

"(1) IN GENERAL.—Not later than February 10, 1990, the Administrator shall submit to Congress a report on the financial status and operations of water pollution control revolving funds established by the States under title VI of this Act. The Administrator shall prepare such report in cooperation with the States, including water pollution control agencies and other water pollution control planning and financing agencies. "(2) CONTENTS.—The report under this subsection shall also include the following: "(A) an inventory of the facilities that are in significant noncompliance with the enforceable requirements of this Act; "(B) an estimate of the cost of construction necessary to bring such facilities into compliance with such requirements; "(C) an assessment of the availability of sources of funds for financing such needed construction, including an estimate of the amount of funds available for providing assistance for such construction through September 30, 1999, from the water pollution control revolving funds established by the States under title VI of this Act;

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 28 Loans.

33 USC 1287.

33 USC 1281.

33 USC 1285.

t?;-..;

"(D) an assessment of the operations, loan portfolio, and loan conditions of such revolving funds; "(E) an assessment of the effect on user charges of the assistance provided by such revolving funds compared to the assistance provided with funds appropriated pursuant to section 207 of this Act; and kifc "(F) an assessment of the efficiency of the operation and maintenance of treatment works constructed with assist-Kz/j ance provided by such revolving funds compared to the efficiency of the operation and maintenance of treatment ot: ' works constructed with assistance provided under section 201 of this Act.". SEC. 213. IMPROVEMENT PROJECTS. ' ' ' (a) AvALON, CAUFORNIA.—The Administrator shall make a grant of $3,000,000 from funds allotted under section 205 of the Federal Water Pollution Control Act to the State of California for fiscal year 1987 to the city of Avalon, California, for improvements to the publicly owned treatment works of such city. (b) WALKER AND SMITHFIELD TOWNSHIPS, PENNSYLVANIA,—Out of

funds available for grants in the State of Pennsylvania under the third sentence of section 201(g)(1) of the Federal Water Pollution Control Act in fiscal year 1987, the Administrator shall make grants— (1) to Walker Township, Pennsylvania, for developing a collector system and connecting its wastewater treatment system into the Huntingdon Borough, Pennsylvania, sewage treatment plant, and (2) to Smithfield Township, Pennsylvania, for rehabilitating and extending its collector system. (c) TAYLOR MILL, KENTUCKY.—Notwithstanding section 201(g)(l) of

37gi 3 * H

33 USC 1282.

the Federal Water Pollution Control Act or any other provision of law, the Administrator shall make a grant of $250,000 from funds allotted under section 205 of such Act to the State of Kentucky for fiscal year 1986 to the city of Taylor Mill, Kentucky, for the repair and reconstruction, as necessary, of the publicly owned treatment works of such city. (d) NEVADA COUNTY, CALIFORNIA.—Out of funds available for grants in the State of California under the third sentence of section 201(g)(1) of the Federal Water Pollution Control Act in fiscal year 1987, the Administrator shall make a grant for the construction of a collection system serving the Glenshire/Devonshire area of Nevada County, California, to deliver waste to the Tahoe-Truckee Sanitary District's regional wastewater treatment facility. (e) TREATMENT WORKS FOR WANAQUE, N E W JERSEY.—In fiscal year 1987 and succeeding fiscal years, the Administrator shall make grants to the Wanaque Valley Regional Sewerage Authority, New Jersey, from funds allotted under section 205 of the Federal Water Pollution Control Act to the State of New Jersey for such fiscal year, for the construction of treatment works with a total treatment capacity of 1,050,000 gallons per day (including a treatment module with a treatment capacity of 350,000 gallons per day). Notwithstanding section 202 of such Act, the Federal share of the cost of construction of such treatment works shall be 75 percent. (f) TREATMENT WORKS FOR LENA, ILUNOIS.—The Administrator shall make grants to the village of Lena, Illinois, from funds allotted under section 205 of the Federal Water Pollution Control Act to the

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 PUBLIC LAW 100-4—FEB. 4, 1987 State of Illinois for fiscal years beginning after September 30, 1986, for the construction of a replacement moving bed filter press for the treatment works of such village. Notwithstanding section 202 of the Federal Water Pollution Control Act, the Federal share of the cost of construction of such project shall be 75 percent. (g) PRIORITY FOR COURT-ORDERED AND OTHER PROJECTS.—The State of Pennsylvania, from funds allotted to it under section 205 of the Federal Water Pollution Control Act, shall give priority for construction of— (1) the Wyoming Valley Sanitary Authority Secondary Treatment project mandated under Federal court order, regardless of the date of start of construction made pursuant to the court order; and (2) a project for wastewater treatment for Altoona, Pennsylvania.

101 STAT. 29

33 USC 1282. Pennsylvania. Wyoming. 33 USC 1285.

SEC. 214. CHICAGO TUNNEL AND RESERVOIR PROJECT.

The Chicago tunnel and reservoir project may receive grants under the last sentence of section 201(g)(1) of the Federal Water Pollution Control Act without regard to the limitation contained in 33 USC 1281. such sentence if the Administrator determines that such project meets the cost-effectiveness requirements of sections 217 and 218 of such Act without any redesign or reconstruction and if the Governor 33 USC 1297, of the affected State demonstrates to the satisfaction of the Adminis- ^298. trator the water quality benefits of such project. SEC. 215. AD VALOREM TAX DEDICATION.

For the purposes of complying with section 204(b)(1) of the Federal New Hampshire. Water Pollution Control Act, the ad valorem tax user charge sys- Ante, p. 18. tems of the town of Hampton and the city of Nashua, New Hampshire, shall be deemed to have been dedicated as of December 27, 1977. The Administrator shall review such ad valorem tax user charge systems for compliance with the remaining requirements of such section and related regulations of the Environmental Protection Agency.

TITLE III—STANDARDS AND ENFORCEMENTS SEC. 301. COMPLIANCE DATES.

(a) PRIORITY TOXIC POLLUTANTS.—Section 301(b)(2)(C) is amended 33 USC 1311. by striking out "not later than July 1, 1984," and inserting after "of this paragraph" the following: "as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 304(b), and in no case later than 33 USC 1314. March 31, 1989". O> OTHER TOXIC POLLUTANTS.—Section 301(b)(2)(D) is amended by b)

striking out "not later than three years after the date such limitations are established" and inserting in lieu thereof "as expeditiously as practicable, but in no case later than three years after the date such limitations are promulgated under section 3O40t)), and in no case later than March 31, 1989". (c) CONVENTIONAL POLLUTANTS.—Section 301(b)(2)(E) is amended

by striking "not later than July 1, 1984," and inserting in lieu thereof "as expeditiously as practicable but in no case later than

^ ^

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 101 STAT. 30 33 USC 1314. 33 USC 1311.

c'

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•i.'il

33 USC 1311

note. 33 USC 1317.

PUBLIC LAW 100-4—FEB. 4, 1987 three years after the date such limitations are promulgated under section 304(b), and in no case later than March 31, 1989, compliance with". (d) OTHER POLX,UTANTS.—Section 301(b)(2)(F) is amended by striking "not" after "subparagraph (A) of this paragraph" and inserting in lieu thereof "as expeditiously as practicable but in no case", and by striking "or not later than July 1, 1984," and all that follows through the end of the sentence and inserting in lieu thereof "and in no case later than March 31, 1989.". (e) STRICTER BPT.—Section 301(b) is amended by adding at the end the following new paragraph: "(3)(A) for effluent limitations under paragraph (l)(A)(i) of this subsection promulgated after January 1, 1982, and requiring a level of control substantially greater or based on fundamentally different control technology than under permits for an industrial category issued before such date, compliance as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 304(b), and in no case later than March 31, 1989; and "(B) for any effluent limitation in accordance with paragraph (l)(A)(i), (2)(A)(i), or (2)(E) of this subsection established only on the basis of section 402(a)(1) in a permit issued after enactment of the Water Quality Act of 1987, compliance as expeditiously as practicable but in no case later than three years after the date such limitations are established, and in no case later than March 31, 1989.". (f) DEADLINES FOR REGULATIONS FOR CERTAIN TOXIC POLLUTANTS.—

The Administrator shall promulgate final regulations establishing effluent limitations in accordance with sections 301(b)(2)(A) and 30703)(1) of the Federal Water Pollution Control Act for all toxic pollutants referred to in table 1 of Committee Print Numbered 9530 of the Committee on Public Works and Transportation of the House of Representatives which are discharged from the categories of point sources in accordance with the following table: .'•'

'

 * i^

''

-

Category Organic chemicals and plastics and synthetic Pesticides

• ':

> ' fibers

Date by which the final regulation shall be promulgated December 31, 1986. December 31, 1986.

SEC. 302. MODIFICATION FOR NONCONVENTIONAL POLLUTANTS.

(a) LISTING OF POLLUTANTS.—Section 301(g) is amended by re>if;l D?.; ^ designating paragraph (2) (and any references thereto) as paragraph H ' (3) and by striking out all that precedes subparagraph (A) of paragraph (1) and inserting in lieu thereof the following: "(g) MODIFICATIONS FOR CERTAIN ANTS.—

state and local governments. Chemicals.

NONCONVENTIONAL

POLLUT-

"(1) GENERAL AUTHORITY.—The Administrator, with the concurrence of the State, may modify the requirements of subsection (b)(2)(A) of this section with respect to the discharge ': from any point source of ammonia, chlorine, color, iron, and < total phenols (4AAP) (when determined by the Administrator to s njir. be a pollutant covered by subsection (b)(2)(F)) and any other

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 31

pollutant which the Administrator lists under paragraph (4) of this subsection. "(2) REQUIREMENTS FOR GRANTING MODIFICATIONS.—A modification under this subsection shall be granted only upon a showing by the owner or operator of a point source satisfactory to the Administrator that—". (b) PROCEDURE FOR LISTING ADDITIONAL POLLUTANTS; REMOVAL.—

Section 301(g) is further amended by adding at the end thereof the following new paragraphs:

Ante, p. 30.

"(4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.—

"(A) GENERAL AUTHORITY.—Upon petition of any person,

!:;:i

li^ OSJ

the Administrator may add any pollutant to the list of pollutants for which modification under this section is authorized (except for pollutants identified pursuant to section 304(a)(4) of this Act, toxic pollutants subject to section 33 USC 1314. 307(a) of this Act, and the thermal component of discharges) 33 USC 1317. in accordance with the provisions of this paragraph. "(B) REQUIREMENTS FOR LISTING.—

"(i) SUFFICIENT INFORMATION.—The person petition-

ing for listing of an additional pollutant under this subsection shall submit to the Administrator sufficient information to make the determinations required by this subparagraph. "(ii) TOXIC CRITERIA DETERMINATION.—The Adminis-

\ •^

trator shall determine whether or not the pollutant meets the criteria for listing as a toxic pollutant under section 307(a) of this Act. "(iii) LISTING AS TOXIC POLLUTANT.—If the Administrator determines that the pollutant meets the criteria for listing as a toxic pollutant under section 307(a), the Administrator shall list the pollutant as a toxic pollutant under section 307(a). "(iv) NONCONVENTIONAL CRITERIA DETERMINATION.—

If the Administrator determines that the pollutant does not meet the criteria for listing as a toxic pollutant under such section and determines that adequate test methods and sufficient data are available to make the determinations required by paragraph (2) of this subsection with respect to the pollutant, the Administrator shall add the pollutant to the list of pollutants specified in paragraph (1) of this subsection for which modifications are authorized under this subsection.

'> ,i,

"

i:.

"(C) REQUIREMENTS FOR FILING OF PETITIONS.—A petition

for listing of a pollutant under this paragraph— "(i) must be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 304; "(ii) may be filed before promulgation of such guideline; and "(iii) may be filed with an application for a modification under paragraph (1) with respect to the discharge of such pollutant. "(D) DEADLINE FOR APPROVAL OF PETITION.—A decision to

?,

add a pollutant to the list of pollutants for which modifications under this subsection are authorized must be made within 270 days after the date of promulgation of an applicable effluent guideline under section 304.

•., -

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Page:United States Statutes at Large Volume 101 Part 1.djvu/62

 101 STAT. 32

PUBLIC LAW 100-4—FEB. 4, 1987

V) ( ' rto "(E) BURDEN OF PROOF.—The burden of proof for making the determinations under subparagraph (B) shall be on the ' ^petitioner. "(5) REMOVAL OF POLLUTANTS.—The Administrator may remove any pollutant from the list of pollutants for which modifications are authorized under this subsection if the Administrator determines that adequate test methods and suffit! v nK j cient data are no longer available for determining whether or not modifications may be granted with respect to such pollutant under paragraph (2) of this subsection.". 33 USC 1311. (c) DEADLINE FOR APPROVAL OF MODIFICATIONS.—Section 301(j) is amended— (1) in paragraph (2) by striking out "Any" and inserting in lieu thereof "Subject to paragraph (3) of this section, any"; and fc 't • /U (2) by adding at the end thereof the following new paragraphs: f '

';J

.

"(3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (g).— "(A) EFFECT OF FILING.—An application for a modification

under subsection (g) and a petition for listing of a pollutant as a pollutant for which modifications are authorized under such subsection shall not stay the requirement that the person seeking such modification or listing comply with effluent limitations under this Act for all pollutants not the subject of such application or petition. %

"(B) EFFECT OF DISAPPROVAL.—Disapproval of an applica-

tion for a modification under subsection (g) shall not stay the requirement that the person seeking such modification comply with all applicable effluent limitations under this -^'™'^" Act. "(4) DEADLINE FOR SUBSECTION (g) DECISION.—An application for a modification with respect to a pollutant filed under subsec••fvi tion (g) must be approved or disapproved not later than 365 days after the date of such filing; except that in any case in which a . petition for listing such pollutant as a pollutant for which e;iO modifications are authorized under such subsection is approved, such application must be approved or disapproved not later than 365 days after the date of approval of such petition.", (d) CONFORMING AMENDMENTS.—(1) Paragraph (3) of section 301(g),

as redesignated by subsection (a) of this section, is amended by inserting "LIMITATION ON AUTHORITY TO APPLY FOR SUBSECTION (c)

MODIFICATION.—" before "If an owner" and by aligning such paragraph with paragraph (4) of such section, as added by subsection (b) of this section. (2) Paragraph (2) of section 301(g) (as designated by subsection (a) of this section) is amended by realigning subparagraphs (A), (B), and (C) with subparagraph (A) of paragraph (4), as added by subsection (b) of this section. 33 USC 1311

note.

(e) APPLICATION.— ,, (1) GENERAL RULE.—Except as provided in paragraph (2), the

amendments made by this section shall apply to all requests for modifications under section 301(g) of the Federal Water Pollution Control Act pending on the date of the enactment of this Act and shall not have the effect of extending the deadline ''-^ established in section 301(j)(l)(B) of such Act. (2) EXCEPTION.—The amendments made by this section shall not affect any application for a modification with respect to the '< discharge of ammonia, chlorine, color, iron, or total phenols (4AAP) under section 301(g) of the Federal Water Pollution

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Page:United States Statutes at Large Volume 101 Part 1.djvu/63

 PUBLIC LAW 100-4—FEB. 4, 1987 Control Act pending on the date of the enactment of this Act; except that the Administrator must approve or disapprove such application not later than 365 days after the date of such enactment.

101 STAT. 33

- ''

'

. '",

SEC. 303. DISCHARGES INTO MARINE WATERS. (a) CONSIDERATION OF OTHER SOURCES OF POLLUTANTS.—Section

301(h)(2) is amended by striking out "such modified requirements 33 USC 1311. will not interfere" and inserting in lieu thereof the following: "the discharge of pollutants in accordance with such modified requirements will not interfere, alone or in combination with pollutants from other sources,". (b) LIMITATION ON SCOPE OF MONITORING.—

'

(1) GENERAL RULE.—Section 301(h)(3) is amended by inserting before the semicolon at the end thereof the following: ", and the scope of such monitoring is limited to include only those scientific investigations which are necessary to study the effects of the proposed discharge". (2) LIMITATION ON APPLICABILITY.—The amendment made by subsection (b) shall only apply to modifications and renewals of modifications which are tentatively or finally approved after the date of the enactment of this Act.

' (c)

33 USC 1311 ^°^-

URBAN AREA PRETREATMENT PROGRAM.—Section 301(h) is

amended by redesignating paragraphs (6) and (7), and any references thereto, as paragraphs (7) and (8), respectively, and by inserting after paragraph (5) the following new paragraph: "(6) in the case of any treatment works serving a population of 50,000 or more, with respect to any toxic pollutant introduced into such works by an industrial discharger for which pollutant there is no applicable pretreatment requirement in effect, sources introducing waste into such works are in compliance with all applicable pretreatment requirements, the applicant will enforce such requirements, and the applicant has in effect a pretreatment program which, in combination with the treatment of discharges from such works, removes the same amount of such pollutant as would be removed if such works were to apply secondary treatment to discharges and if such works had no pretreatment program with respect to such pollutant;".

.ry,.^ tiv

j.j

>• c

(d) PRIMARY TREATMENT FOR EFFLUENT.— (1) GENERAL RULE.—Section 301(h) is amended by striking out

jl

the period at the end of paragraph (8) (as redesignated by subsection (c) of this section) and inserting in lieu thereof a semicolon and by inserting after such paragraph (8) the following new paragraph: "(9) the applicant at the time such modification becomes effective will be discharging effluent which has received at least primary or equivalent treatment and which meets the criteria established under section 304(a)(1) of this Act after initial mixing in the waters surrounding or adjacent to the point at which such effluent is discharged.". (2) PRIMARY OR EQUIVALENT TREATMENT DEFINED.—Such section is further amended by inserting after the second sentence the following new sentence: "For the purposes of paragraph (9), 'primary or equivalent treatment' means treatment by screening, sedimentation, and skimming adequate to remove at least 30 percent of the biological oxygen demanding material and of

DSi

33 USC 1314.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/64

 101 STAT. 34

PUBLIC LAW 100-4—FEB. 4, 1987

the suspended solids in the treatment works influent, and disinfection, where appropriate.". Fish and fishing. (e) LIMITATIONS ON ISSUANCE OF PERMITS.—Section 301(h) is furWildlife. ther amended by adding at the end thereof the following new Ante, p. 33. sentences: "In order for a permit to be issued under this subsection for the discharge of a pollutant into marine waters, such marine waters must exhibit characteristics assuring that water providing dilution does not contain significant amounts of previously discharged effluent from such treatment works. No permit issued under this subsection shall authorize the discharge of any pollutant into saline estuarine waters which at the time of application do not support a balanced indigenous population of shellfish, fish and wildlife, or allow recreation in and on the waters or which exhibit ambient water quality below applicable water quality standards adopted for the protection of public water supplies, shellfish, fish and wildlife or recreational activities or such other standards necessary to assure support and protection of such uses. The prohibition contained in the preceding sentence shall apply without regard to the presence or absence of a causal relationship between such characteristics and the applicant's current or proposed discharge. Notwithstanding any other provisions of this subsection, no permit may be issued under this subsection for discharge of a pollutant into the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.". (f) APPLICATION FOR OCEAN DISCHARGE MODIFICATION.—Section

Contracts.

33 USC 1311 note.

301(j)(l)(A) is amended by inserting before the semicolon at the end thereof the following: ", except that a publicly owned treatment works which prior to December 31, 1982, had a contractual arrangement to use a portion of the capacity of an ocean outfall operated by another publicly owned treatment works which has applied for or received modification under subsection (h), may apply for a modification of subsection (h) in its own right not later than 30 days after the date of the enactment of the Water Quality Act of 1987". (g) GRANDFATHER OF CERTAIN APPLICANTS.—The amendments made by subsections (a), (c), (d), and (e) of this section shall not apply to an application for a permit under section 301(h) of the Federal Water Pollution Control Act which has been tentatively or finally approved by the Administrator before the date of the enactment of this Act; except that such amendments shall apply to all renewals of such permits after such date of enactment. SEC. 304. FILING DEADLINE FOR TREATMENT WORKS MODIFICATION.

33 USC 1311.

-t-vr

(a) EXTENSION.—The second sentence of section 301(i)(l) is amended by striking out "of this subsection." and inserting in lieu thereof "of the Water Quality Act of 1987.". (h) APPLICABILITY.—The amendment made by subsection (a) shall not apply to those treatment works which are subject to a compliance schedule established before the date of the enactment of this Act by a court order or a final administrative order. SEC. 305. INNOVATIVE TECHNOLOGY COMPLIANCE DEADLINES FOR DIRECT DISCHARGERS.

(a) EXTENSION OF DEADLINE.—Section 301(k) is amended by striking out "July 1, 1987," and inserting in lieu thereof "two years after the date for compliance with such effluent limitation which would otherwise be applicable under such subsection,".

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 35

(b) EXTENSION TO CONVENTIONAL POLLUTANTS.—Section 301(k) is amended by inserting "or (b)(2)(E)" after "(b)(2)(A)" each place it appears.

33 USC i3ii.

SEC. 306. FUNDAMENTALLY DIFFERENT FACTORS.

(a) GENERAL RULE,—Section 301 is amended by adding at the end the following new subsections: "(n) FUNDAMENTALLY DIFFERENT FACTORS.— "(1) GENERAL RULE.—The Administrator, with the concur-

State and local rence of the State, may establish an alternative requirement governments. under subsection (b)(2) or section 307(b) for a facility that modi- 33 USC 1317. fies the requirements of national effluent limitation guidelines or categorical pretreatment standards that would otherwise be applicable to such facility, if the owner or operator of such facility demonstrates to the satisfaction of the Administrator that— "(A) the facility is fundamentally different with respect to the factors (other than cost) specified in section 304(b) or 304(g) and considered by the Administrator in establishing 33 USC 1314. such national effluent limitation guidelines or categorical pretreatment standards; "(B) the application— "(i) is based solely on information and supporting . data submitted to the Administrator during the rulemaking for establishment of the applicable national effluent limitation guidelines or categorical pretreatment standard specifically raising the factors that are fundamentally different for such facility; or "(ii) is based on information and supporting data referred to in clause (i) and information and supporting data the applicant did not have a reasonable oppor,,., tunity to submit during such rulemaking; "(C) the alternative requirement is no less stringent than justified by the fundamental difference; and "(D) the alternative requirement will not result in a nonwater quality environmental impact which is markedly more adverse than the impact considered by the Administrator in establishing such national effluent limitation guideline or categorical pretreatment standard. "(2) TIME LIMIT FOR APPLICATIONS.—An application for an

alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection must be submitted to the Administrator within 180 days after the date on which such limitation or standard is established or revised, as the case may be. "(3) TIME LIMIT FOR DECISION.—The Administrator shall ap-

prove or deny by final agency action an application submitted under this subsection within 180 days after the date such application is filed with the Administrator. '(4) SUBMISSION OF INFORMATION.—The Administrator may

allow an applicant under this subsection to submit information and supporting data until the earlier of the date the application is approved or denied or the last day that the Administrator has to approve or deny such application. "(5) TREATMENT OF PENDING APPLICATIONS.—For the purposes of this subsection, an application for an alternative requirement based on fundamentally different factors which is pending on

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 101 STAT. 36 iif r

PUBLIC LAW 100-4—FEB. 4, 1987

 * l?'

r:d i the date of the enactment of this subsection shall be treated as ji having been submitted to the Administrator on the 180th day following such date of enactment. The applicant may amend the application to take into account the provisions of this subsection. i -. "(6) EFFECT OF SUBMISSION OF APPLICATION.—An application for an alternative requirement under this subsection shall not stay the applicant's obligation to comply with the effluent c "' b:ty.., ^^. ' • limitation guideline or categorical pretreatment standard which • ^ is the subject of the application. "(7) EFFECT OF DENIAL.—If an application for an alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection is denied by the Administrator, the applicant must comply with such limitation or standard as established or revised, as the case may be. -JK "(8) REPORTS.—Every 6 months after the date of the enact' ^' ment of this subsection, the Administrator shall submit to the ''•• 3 Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the status of applications for alternative requirements which modify the requirements of 33 USC 1311, effluent limitations under section 301 or 304 of this Act or any 1314. national categorical pretreatment standard under section 307(b) 33 USC 1317. Qf ^j^^g p^Q^ £jjgjj before, on, or after such date of enactment. "(o) APPLICATION FEES.—The Administrator shall prescribe and collect from each applicant fees reflecting the reasonable administrative costs incurred in reviewing and processing applications for modifications submitted to the Administrator pursuant to subsections (c), (g), (i), (k), (m), and (n) of section 301, section 304(d)(4), and 33 USC 1326. section 316(a) of this Act. All amounts collected by the Administrator under this subsection shall be deposited into a special fund of the Treasury entitled 'Water Permits and Related Services' which shall thereafter be available for appropriation to carry out activities of the Environmental Protection Agency for which such fees were collected.". 33 USC 1311.

Ante, p. 35. 33 USC 1342

note.

0)) CONFORMING AMENDMENT.—Section 301(1) is amended by strik-

ing out "The" and inserting in lieu thereof "Other than as provided in subsection (n) of this section, the". (c) PHOSPHATE FERTIUZER EFFLUENT LIMITATION.— (1) ISSUANCE OF PERMIT.—As soon as possible after

the date of the enactment of this Act, but not later than 180 days after such date of enactment, the Administrator shall issue permits under section 402(a)(l)(B) of the Federal Water Pollution Control Act with respect to facilities— (A) which were under construction on or before April 8, 1974, and (B) for which the Administrator is proposing to revise the applicability of the effluent limitation established under section 301(b) of such Act for phosphate subcategory of the fertilizer manufacturing point source category to exclude such facilities. (2) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in

g©[ this section shall be construed— hi'^ (A) to require the Administrator to permit the discharge rjo of gypsum or gypsum waste into the navigable waters,

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Page:Dictionary of National Biography volume 44.djvu/81

, called Canmore [q. v.], and was by him mother of King [q. v.], who was thus Paul's half-brother. Paul and Erlend are said to have been tall, handsome men, and to have resembled their mother. Paul, with his brother's consent, took the entire management of the earldom, which, at the time of their father's death, included not only the Orkneys and the Hebrides, but also eleven earldoms on the mainland of Scotland and a large territory in Ireland, ‘from the Tuscar rocks,’ says the Scald Arnor, ‘right on to Dublin.’ When King Harald Hardradi of Norway had decided, at the instigation of the Saxon Earl Tostig, to oppose King Harold and invade England, he passed the previous winter (1065–6) in the Orkneys with his fleet, in preparing his forces, to which the Orkney earls added all those at their disposal, and prepared to accompany him. The saga-writer relates of the expedition that on leaving Orkney a landing was first made in Cleveland, when Scarborough was taken. The attacking forces next landed in Holderness, where they gained a victory. On Wednesday, 20 Sept., they fought at York against the Earls Waltheof and [q. v.] On Sunday the town of Stamford Bridge surrendered. Hardradi went on shore to arrange for its government. But while he was on shore he was met by Harold, king of England, at the head of a numerous army. In the battle that followed Harald Hardradi fell. After his death Eystein Orri, his brother-in-law, and the two earls, Paul and Erlend, arrived from the ship and made a stout resistance. Eystein Orri fell, and almost the whole army of the Northmen with him. Earl Paul, having made his submission and given hostages to the English king, was allowed to return to the Orkneys with the young Olaf, Hardradi's son, and what remained of their disordered forces in twenty ships.

Earl Paul sought subsequently to establish the Christian religion in his earldom. He sent to Lanfranc, archbishop of Canterbury, a clerk (Ralph), whom he wished to be consecrated as bishop. Lanfranc, in a letter still extant, ordered Wulfstan, bishop of Worcester, and Peter, bishop of Chester, to go to York and assist the archbishop there in the consecration [see, fl. 1135].

Paul married a daughter of Hakon Ivarson, and had a son and three daughters. He lived in harmony with his brother Erlend until their respective families grew up, when differences arose. Hakon, Paul's ambitious son, exacted more than his due, which Erlend, his uncle, and Erlend's sons, Magnus (St. Magnus) and Erling—especially the latter—resented. Hakon was induced to leave the islands, and, going to Norway, induced King Magnus Barelegs to undertake an expedition (1098) to subdue the Orkneys and the Hebrides. Hakon sailed with the expedition. The king, on his arrival in Orkney, sent Earls Paul and Erlend prisoners to Norway; and, having placed his young son Sigurd over the islands, continued with Hakon his raid to the Hebrides and the Irish Sea. Earl Paul died at Bergen during the following year (1099). Hakon remained with King Magnus, and became a celebrated warrior. On the death of King Magnus (1103), his son, the young Sigurd, left the Orkneys to succeed his father on the throne of Norway. Hakon succeeded to the Orkney earldom, which he held for a time conjointly with his first cousin Magnus (St. Magnus); but, growing again jealous of him, he killed Magnus in 1115. To Hakon succeeded his sons Harald and Paul the Silent.

(fl. 1130), ruled over the islands with his half-brother Harald. On the death of Harald, Paul ruled for a time alone. He was somewhat taciturn, spoke little at the Thing-meetings, and gave others a large share of the government. He was modest, gentle to the people, and liberal with his money among his friends. He was not warlike. He had, however, to defend his possessions against the rival claims of Kali Kolson, nephew to Earl Magnus the Saint, Erlend's son. Kali assumed the name of Rognvald (St. Rognvald), and received from King Sigurd of Norway a grant of that part of the islands which had belonged to his uncle. Paul refused to recognise his claims, and Rognvald prepared to invade the Orkneys. Assistance was promised Rognvald from the Hebrides and the north of Scotland, in the interest of Maddad, earl of Athole, who was married to Margaret, sister of Earl Paul the Silent, and who wished to secure the earldom for his young son Harald. Rognvald's first descent on the islands failed. His forces were dispersed and his ships captured by Paul. Previous to a second attempt Rognvald made a vow, says the saga-writer, that if he succeeded he would build and endow a church at Kirkwall in the Orkneys, where the relics of his uncle Magnus the Saint might be preserved, and whither the bishop's see might be transferred. His second attempt was successful, and he performed his vow. The church he built, the cathedral of St. Magnus, yet remains intact, one of the finest minsters in the north of Europe. The islands were divided between Paul and Rognvald; but about the same


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Page:United States Statutes at Large Volume 101 Part 1.djvu/67

 PUBLIC LAW 100-4—FEB. 4, 1987 (B) to affect the procedures and standards applicable to the Administrator in issuing permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act, and (C) to affect the authority of any State to deny or condition certification under section 401 of such Act with respect to the issuance of permits under section 402(a)(1)(B) of such Act. SEC. 307. COAL REMINING OPERATIONS. Section 301 is amended by adding at the end thereof the following: "(p) MODIFIED PERMIT FOR COAL REMINING OPERATIONS.—

"(1) IN GENERAL.—Subject to paragraphs (2) through (4) of this subsection, the Administrator, or the State in any case which the State has an approved permit program under section 402(b), may issue a permit under section 402 which modifies the requirements of subsection (b)(2)(A) of this section with respect to the pH level of any pre-existing discharge, and with respect to pre-existing discharges of iron and manganese from the remined area of any coal remining operation or with respect to the pH level or level of iron or manganese in any pre-existing discharge affected by the remining operation. Such modified requirements shall apply the best available technology economically achievable on a case-by-case basis, using best professional judgment, to set specific numerical effluent limitations in each permit. "(2) LIMITATIONS.—The Administrator or the State may only issue a permit pursuant to paragraph (1) if the applicant demonstrates to the satisfaction of the Administrator or the State, as the case may be, that the coal remining operation will result in the potential for improved water quality from the remining operation but in no event shall such a permit allow the pH level of any discharge, and in no event shall such a permit allow the discharges of iron and manganese, to exceed the levels being discharged from the remined area before the coal remining operation begins. No discharge from, or affected by, the remining operation shall exceed State water quality standards established under section 303 of this Act. "(3) DEFINITIONS.—For purposes of this subsection— "(A) COAL REMINING OPERATION.—The term 'coal remining operation' means a coal mining operation which begins after the date of the enactment of this subsection at a site on which coal mining was conducted before the effective date of the Surface Mining Control and Reclamation Act of 1977. "(B) REMINED AREA.—The term 'remined area' means only that area of any coal remining operation on which coal mining was conducted before the effective date of the Surface Mining Control and Reclamation Act of 1977. "(C) PRE-EXISTING DISCHARGE.—The term 'pre-existing discharge' means any discharge at the time of permit application under this subsection. "(4) APPLICABILITY OF STRIP MINING LAWS.—Nothing in this subsection shall affect the application of the Surface Mining Control and Reclamation Act of 1977 to any coal remining operation, including the application of such Act to suspended solids.".

101 STAT. 37

33 USC 1342. 33 USC 1341.

33 USC 1311. Ante, p. 35.

State and local governments, 33 USC 1342.

• state and local governments,

33 USC 1313. m

30 USC 1201,c note. ,^

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 101 STAT. 38

PUBLIC LAW 100-4—FEB. 4, 1987 SEC. 308. INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.

33 USC 1314.

(a) IN GENERAL.—Section 304 is amended by adding at the end thereof the following new subsection: "(1) INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.— "(1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT OF

STRATEGIES.—Not later than 2 years after the date of the enactment of this subsection, each State shall submit to the Administrator for review, approval, and implementation under this subsection— Agriculture and "(A) a list of those waters within the State which after agricultural the application of effluent limitations required under seccommodities. tion 301(b)(2) of this Act cannot reasonably be anticipated to Fish and fishing. attain or maintain (i) water quality standards for such Wildlife. waters reviewed, revised, or adopted in accordance with 33 USC 1311. section 303(c)(2)(B) of this Act, due to toxic pollutants, or (ii) 33 USC 1313. that water quality which shall assure protection of public ••' health, public water supplies, agricultural and industrial uses, and the protection and propagation of a balanced population of shellfish, fish and wildlife, and allow recreational activities in and on the water; "(B) a list of all navigable waters in such State for which the State does not expect the applicable standard under section 303 of this Act will be achieved after the requirements of sections 3010t)), 306, and 3070t)) are met, due 33 USC 1316, 1317. entirely or substantially to discharges from point sources of '' ' any toxic pollutants listed pursuant to section 307(a); "^ "(C) for each segment of the navigable waters included on such lists, a determination of the specific point sources discharging any such toxic pollutant which is believed to be preventing or impairing such water quality and the amount of each such toxic pollutant discharged by each such source; and "(D) for each such segment, an individual control strategy ' which the State determines will produce a reduction in the discharge of toxic pollutants from point sources identified ment of effluent limitations under section 402 of this Act and water quality standards under section 303(c)(2)(B) of this Act, which reduction is sufficient, in combination with • existing controls on point and nonpoint sources of pollution, to achieve the applicable water quality standard as soon as ^ possible, but not later than 3 years after the date of the establishment of such strategy. State and local "(2) APPROVAL OR DISAPPROVAL.—Not later than 120 days after governments. the last day of the 2-year period referred to in paragraph (1), the Administrator shall approve or disapprove the control strategies submitted under paragraph (1) by any State. "(3) ADMINISTRATOR'S ACTION.—If a State fails to submit control strategies in accordance with paragraph (1) or the Administrator does not approve the control strategies submitted by such State in accordance with paragraph (1), then, not later than 1 k year after the last day of the period referred to in paragraph (2), T the Administrator, in cooperation with such State and after T notice and opportunity for public comment, shall implement the I requirements of paragraph (1) in such State. In the implementation of such requirements, the Administrator shall, at a mini-
 * -' '< by the State under this paragraph through the establish33 USC 1342.

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 39

mum, consider for listing under this subsection any navigable waters for which any person submits a petition to the Administrator for listing not later than 120 days after such last day.". 0)) JUDICIAL REVIEW.—Section 509(b)(1) is amended—

33 USC 1369.

(1) by striking out "and (F)" and inserting in lieu thereof "(F)"; and (2) by inserting after "any permit under section 402," the following: "and (G) in promulgating any individual control strategy under section 304(1),".

33 USC 1342. Ante, p. 38.

(c) GUIDANCE TO STATES; INFORMATION ON WATER QUALITY CRI-

TERIA FOR TOXICS.—Section 304(a) is amended by adding at the end the following new paragraphs: "(7) GUIDANCE TO STATES.—The Administrator, after consultation with appropriate State agencies and on the basis of criteria and information published under paragraphs (1) and (2) of this subsection, shall develop and publish, within 9 months after the date of the enactment of the Water Quality Act of 1987, guidance to the States on performing the identification required by section 304(1)(1) of this Act.

33 USC 1314.

"(8) INFORMATION ON WATER QUAUTY CRITERIA.—The Adminis-

trator, after consultation with appropriate State agencies and within 2 years after the date of the enactment of the Water Quality Act of 1987, shall develop and publish information on methods for establishing and measuring water quality criteria for toxic pollutants on other bases than poUutant-by-poUutant criteria, including biological monitoring and assessment methods.".

•*

' '

(d) WATER QUAUTY CRITERIA FOR TOXIC POLLUTANTS.—Section

303(c)(2) is amended by inserting "(A)" after "(2)" and by adding the following new subparagraph: "(B) Whenever a State reviews water quality standards pursuant to paragraph (1) of this subsection, or revises or adopts new standards pursuant to this paragraph, such State shall adopt criteria for all toxic pollutants listed pursuant to section 307(a)(1) of this Act for which criteria have been published under section 304(a), the discharge or presence of which in the affected waters could reasonably be expected to interfere with those designated uses adopted by the State, as necessary to support such designated uses. Such criteria shall be specific numerical criteria for such toxic pollutants. Where such numerical criteria are not available, whenever a State reviews water quality standards pursuant to paragraph (1), or revises or adopts new standards pursuant to this paragraph, such State shall adopt criteria based on biological monitoring or assessment methods consistent with information published pursuant to section 304(a)(8). Nothing in this section shall be construed to limit or delay the use of effluent limitations or other permit conditions based on or involving biological monitoring or assessment methods or previously adopted numerical criteria.".

33 USC 1313. State and local governments, 33 USC 1317. 33 USC 1314.

m

(e) MODIFICATIONS OF EFFLUENT LIMITATIONS.—

(1) IN GENERAL.—Section 3020t)) is amended to read as follows: "(b) MODIFICATIONS OF EFFLUENT LIMITATIONS.—

"(1) NOTICE AND HEARING.—Prior to establishment of

any

effluent limitation pursuant to subsection (a) of this section, the Administrator shall publish such proposed limitation and within 90 days of such publication hold a public hearing. "(2) PERMITS.—

33 USC 1312.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/70

 101 STAT. 40

PUBLIC LAW 100-4—FEB. 4, 1987 •"'

"(A) No REASONABLE RELATIONSHIP.—The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for pollutants other than toxic pollutants if the applicant demonstrates at such hearing that (whether or not technology or other alternative control strategies are available) there is no reasonable relationship between the economic and social costs and the benefits to be obtained (including attainment of the objective of this Act) from achieving such limitation. "(B) REASONABLE PROGRESS.—The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for toxic pollutants for a single period not to exceed 5 years if the applicant demonstrates to the satisfaction of the Administrator that such modified requirements (i) will represent the maximum degree of control within the economic capability of the owner and operator of the source, and (ii) will result in reasonable further progress beyond the requirements of section 301(b)(2) toward the requirements of subsection (a) of this section.".

'

"^ ,:.": xtt*^' -W: ,ri .:u / i 33 USC 1311. 33 USC 1312. Ante, p. 38.

,,

(2) CONFORMING AMENDMENTS.—Section 302(a) is amended—

(A) by inserting "or as identified under section 304(1)" after "in the judgment of the Administrator"; and (B) by inserting "public health," after "protection o f. (f) SCHEDULE FOR REVIEW OF GUIDELINES.—Section 304 is amended by adding at the end the following new subsection: "(m) SCHEDULE FOR REVIEW OF GUIDELINES.—

Federal Register, publication.

"<•

33 USC 1316. 2¥

., ' -' f 33 USC 1375 note.

1

"(1) PUBLICATION.—Within 12 months after the date of the enactment of the Water Quality Act of 1987, and biennially thereafter, the Administrator shall publish in the Federal Register a plan which shall— "(A) establish a schedule for the annual review and revision of promulgated effluent guidelines, in accordance with subsection (b) of this section; "(B) identify categories of sources discharging toxic or nonconventional pollutants for which guidelines under subsection (b)(2) of this section and section 306 have not previously been published; and "(C) establish a schedule for promulgation of effluent guidelines for categories identified in subparagraph (B), under which promulgation of such guidelines shall be no later than 4 years after such date of enactment for categories identified in the first published plan or 3 years after the publication of the plan for categories identified in later published plans. "(2) PUBLIC REVIEW.—The Administrator shall provide for public review and comment on the plan prior to final publication.". (g) WATER QUALITY IMPROVEMENT STUDY.—

t « 5 -'

(1) STUDY.—The Administrator shall study the water quality improvements which have been achieved by application of best available technology economically achievable pursuant to section 301(b)(2) of the Federal Water Pollution Control Act. Such study shall include, but not be limited to, an analysis of the effectiveness of the application of best available technology economically achievable pursuant to such section in attaining

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Page:United States Statutes at Large Volume 101 Part 1.djvu/71

 PUBLIC LAW 100-4—FEB. 4, 1987

f J

101 STAT. 41

applicable water quality standards (including the standard specified in section 302(a) of such Act) and an analysis of the effectiveness of the water quality program under such Act and methods of improving such program, including site specific levels of treatment which will achieve the water quality goals of such Act. (2) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report on the results of the study conducted under subsection (a) together with recommendations for improving the water quality program and its effectiveness to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate.

Ante, p. 40. M^:-i 'irAirm

SEC. 309. PRETREATMENT STANDARDS. (a) EXTENSION OF COMPUANCE DATE BY POTW.—Section 307 is

33 USC 1317.

amended by adding at the end the following: "(e) COMPLIANCE DATE EXTENSION FOR INNOVATIVE PRETREATMENT

SYSTEMS.—In the case of any existing facility that proposes to comply with the pretreatment standards of subsection Ot») of this section by applying an innovative system that meets the requirements of section 301(k) of this Act, the owner or operator of the Ante, p. 34. publicly owned treatment works receiving the treated effluent from such facility may extend the date for compliance with the applicable pretreatment standard established under this section for a period not to exceed 2 years— "(1) if the Administrator determines that the innovative system has the potential for industrywide application, and "(2) if the Administrator (or the State in consultation with the State and local Administrator, in any case in which the State has a governments. pretreatment program approved by the Administrator)— "(A) determines that the proposed extension will not »ii V, cause the publicly owned treatment works to be in violation of its permit under section 402 or of section 405 or to 33 USC 1342, 1345. contribute to such a violation, and "(B) concurs with the proposed extension.". (b) INCREASE IN EPA EMPLOYEES.—The Administrator shall take 33 USC 1317 such actions as may be necessary to increase the number of em- note. ployees of the Environmental Protection Agency in order to effectively implement pretreatment requirements under section 307 of the Federal Water Pollution Control Act. SEC. 310. INSPECTION AND ENTRY.

«

(a) UNAUTHORIZED DISCLOSURE.—

(1) IN GENERAL.—Section 3080)) is amended by striking out all Classified that follows "Code" and inserting in lieu thereof a period and information. the following: "Any authorized representative of the Adminis- Records.1318. trator (including an authorized contractor acting as a represent- 33 USC ative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized representative of the Administrator (including any authorized contractor acting as a representative of the Administrator) from disclosing records,

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Page:United States Statutes at Large Volume 101 Part 1.djvu/72

 101 STAT. 42

PUBLIC LAW 100-4—FEB. 4, 1987 reports, or information to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act.". (2) CONFORMING AMENDMENT.—Section 308(a)(B) is amended

33 USC 1318.

by inserting "(including an authorized contractor acting as a representative of the Administrator)" after "or his authorized representative". (b) ACCESS BY CONGRESS.—Section 308 is amended by adding at the

end the following new subsection: "(d) ACCESS BY CONGRESS.—Notwithstanding any limitation contained in this section or any other provision of law, all information reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this Act shall be made available, upon written request of any duly authorized committee of Congress, to such committee.". SEC. 311. MARINE SANITATION DEVICES. 33 USC 1322.

(a) STATE REGULATION OF HOUSEBOATS.—Section 312(f)(1) is amend-

ed by striking out "After" and inserting in lieu thereof "(A) Except as provided in subparagraph (B), after" and by adding at the end thereof the following: "(B) A State may adopt and enforce a statute or regulation with respect to the design, manufacture, or installation or use of any marine sanitation device on a houseboat, if such statute or regulation is more stringent than the standards and regulations promulgated under this section. For purposes of this paragraph, the term 'houseboat' means a vessel which, for a period of time determined by the State in which the vessel is located, is used primarily as a residence and is not used primarily as a means of transportation.". (b) STATE ENFORCEMENT.—Section 312(k) is amended by adding at the end the following: "The provisions of this section may also be enforced by a State.". SEC. 312. CRIMINAL PENALTIES. 33 USC 1319.

Section 309(c) is amended to read as follows: "(c) CRIMINAL PENALTIES.— "(1) NEGLIGENT VIOLATIONS.—Any person who—

State and local governments.

33 USC

1311, 1312, 1316-1318, 1328, 1345. 33 USC 1342. 33 USC 1344. Hazardous materials. State and local governments.

3 i
 * ^b

.^.-i.« ,,

iv

"(A) negligently violates section 301, 302, 306, 307, 308, 318, or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act by the Administrator or by a State, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act or in a permit issued under section 404 of this Act by the Secretary of the Army or by a State; or "(B) negligently introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works under section 402 of this Act by the Administrator or a State;

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Page:United States Statutes at Large Volume 101 Part 1.djvu/73

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 43

shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or by both. "(2) KNOWING VIOLATIONS.—Any person who— "(A) knowingly violates section 301, 302, 306, 307, 308, 318, or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act by the Administrator or by a State, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act or in a permit issued under section 404 of this Act by the Secretary of the Army or by a State; or "(B) knowingly introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in a permit issued to the treatment works under section 402 of this Act by the Administrator or a State; shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or by both. "(3) KNOWING ENDANGERMENT.— "(A) GENERAL RULE.—Any person who knowingly violates

section 301, 302, 303, 306, 307, 308, 318, or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act by the Administrator or by a State, or in a permit issued under section 404 of this Act by the Secretary of the Army or by a State, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. A person which is an organization shall, upon conviction of violating this subparagraph, be subject to a fine of not more than $1,000,000. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both fine and imprisonment. "(B)

ADDITIONAL

PROVISIONS.—For

the

purpose

of

subparagraph (A) of this paragraph— "(i) in determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger of death or serious bodily injury—

State and local governments. 33 USC 1311, 1312, 1316, 1317, 1318, 1328, 1345. 33 USC 1342. 33 USC 1344. Hazardous materials.

state and local governments.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/74

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 44

"(I) the person is responsible only for actual awareness or actual belief that he possessed; and "(II) knowledge possessed by a person other than ^f the defendant but not by the defendant himself
 * >0«r

may not be attributed to the defendant; except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information; "(ii) it is an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of— u ">/"(I) an occupation, a business, or a profession; or I"- i ' ' ^ u ';i "(II) medical treatment or medical or scientific, experimentation conducted by professionally apOl' proved methods and such other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this subparagraph by a preponderance of the evidence; "(iii) the term 'organization' means a legal entity, -S^J.J ' other than a government, established or organized for any purpose, and such term includes a corporation, '"' company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons; and -' ' "(iv) the term 'serious bodily injury' means bodily injury which involves a substantial risk of death, ' ' unconsciousness, extreme physical pain, protracted •• and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. "(4) FALSE STATEMENTS.—Any person who knowingly makes Records. any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or by both. "(5) TREATMENT OF SINGLE OPERATIONAL UPSET.—For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. "(6)

33 USC 1362.

RESPONSIBLE CORPORATE OFFICER AS 'PERSON'.—For

the

purpose of this subsection, the term 'person' means, in addition to the definition contained in section 502(5) of this Act, any responsible corporate officer. "(7) HAZARDOUS SUBSTANCE DEFINED.—For the purpose of this subsection, the term 'hazardous substance' means (A) any sub-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/75

 PUBLIC LAW 100-4—FEB. 4, 1987 stance designated pursuant to section 311(b)(2)(A) of this Act, (B) any element, compound, mixture, solution, or substance designated pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress), (D) any toxic pollutant listed under section 307(a) of this Act, and (E) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act.".

101 STAT. 45 33 USC 1321. 42 USC 9602. 42 USC 6921. 33 USC 1317. 15 USC 2606.

SEC. 313. CIVIL PENALTIES. (a) VIOLATIONS OF PRETREATMENT REQUIREMENTS.— (1) GENERAL RULE.—Section 309(d) is amended by inserting

", or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act," after "section 404 of this Act by a State,". (2) SAVINGS PROVISION.—No State shall be required before July 1, 1988, to modify a permit program approved or submitted under section 402 of the Federal Water Pollution Control Act as a result of the amendment made by paragraph (1).

33 USC 1319. 33 USC 1342. 33 USC 1344. State and local governments. 33 USC 1319 note.

(b) INCREASED PENALTY.— (1) GENERAL RULE.—Section 309(d) is amended by striking out

"$10,000 per day of such violation" and inserting in lieu thereof "$25,000 per day for each violation". (2) INCREASED PENALTIES NOT REQUIRED UNDER STATE PRO-

'

GRAMS.—The Federal Water Pollution Control Act shall not be construed as requiring a State to have a civil penalty for violations described in section 309(d) of such Act which has the same monetary amount as the civil penalty established by such section, as amended by paragraph (1). Nothing in this paragraph shall affect the Administrator's authority to establish or adjust by regulation a minimum acceptable State civil penalty. (c) FACTORS TO CONSIDER IN DETERMINING PENALTY AMOUNT.—

33 USC 1319 note. 33 USC 1251 note.

Courts, U.S.

Section 309(d) is amended by adding at the end thereof the following: "In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.". (d) VIOLATIONS OF SECTION 404 PERMITS.—Section 404(s) is 33 USC 1344. amended— (1) by striking out paragraph (4); ^ (2) by redesignating paragraph (5) as paragraph (4); and (3) in paragraph (4), as so redesignated— ^ (A) by striking out "$10,000 per day of such violation" and inserting in lieu thereof "$25,000 per day for each violation"; ',,,.if (B) by adding at the end thereof the following: "In deter- Courts, U.S. mining the amount of a civil penalty the court shall con-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/76

 101 STAT. 46.

< <c '

PUBLIC LAW 100-4—FEB. 4, 1987 sider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require.".

SEC. 314. ADMINISTRATIVE PENALTIES.

33 USC 1319.

^^

(a) GENERAL RULE.—Section 309 is amended by adding at the end thereof the following: "(g) ADMINISTRATIVE PENALTIES.—

• '• ^'' 33 USC 1311, 1318* 1328 1345 33 USC 1342. 33 USC 1344.

,^,

^ ..,.

fr '

'.. •'"'''

"(1) VIOLATIONS.—Whenever on the basis of any information available— "(A) the Administrator finds that any person has violated section 301, 302, 306, 307, 308, 318, or 405 of this Act, or has violated any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act by the Administrator or by a State, or in a permit issued under section 404 by a State, or "(B) the Secretary of the Army (hereinafter in this subsection referred to as the 'Secretary') finds that any person has violated any permit condition or limitation in a permit issued under section 404 of this Act by the Secretary, the Administrator or Secretary, as the case may be, may, after consultation with the State in which the violation occurs, assess a class I civil penalty or a class II civil penalty under this subsection. "(2) C L A S S E S OF PENALTIES.—

"(A) CLASS I.—The amount of a class I civil penalty under paragraph (1) may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $25,000. Before issuing an order assessing a civil penalty under this subparagraph, the Administrator or the Secretary, as the /; j,aj '} case may be, shall give to the person to be assessed such penalty written notice of the Administrator's or Secretary's proposal to issue such order and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed order. Such hearing shall not be subject to section 554 or 556 of title 5, United States Code, but shall provide a reasonable opportunity to be heard and to present evidence. ^ "(B) CLASS II.—The amount of a class II civil penalty under paragraph (1) may not exceed $10,000 per day for each day during which the violation continues; except that j^fU:;;; *i the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. The Administrator and the ''^^ • Secretary may issue rules for discovery procedures for hear""" ' ings under this subparagraph. «

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Page:United States Statutes at Large Volume 101 Part 1.djvu/77

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 47

"(3) DETERMINING AMOUNT.—In determining the amount of

any penalty assessed under this subsection, the Administrator or the Secretary, as the case may be, shall take into account the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. "(4) RIGHTS OF INTERESTED PERSONS.— "(A) PUBLIC NOTICE.—Before issuing

an order assessing a civil penalty under this subsection the Administrator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order. "(B) PRESENTATION OF EVIDENCE.—Any person who comments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection and of the order assessing such penalty. In any hearing held under this subsection, such person shall have a reasonable opportunity to be heard and to present evidence. "(C) RIGHTS OF INTERESTED PERSONS TO A HEARING.—If no

hearing is held under paragraph (2) before issuance of an order assessing a penalty under this subsection, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall immediately set aside such order and provide a hearing in accordance with paragraph (2)(A) in the case of a class I civil penalty and paragraph (2)(B) in the case of a class II civil penalty. If the Administrator or Secretary denies a hearing Federal under this subparagraph, the Administrator or Secretary Register, shall provide to the petitioner, and publish in the Federal publication. Register, notice of and the reasons for such denial. "(5) FINALITY OF ORDER.—An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under paragraph (8) or a hearing is requested under paragraph (4)(C). If such a hearing is denied, such order shall become final 30 days after such denial. "(6) EFFECT OF ORDER.— "(A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS.—

Action taken by the Administrator or the Secretary, as the case may be, under this subsection shall not affect or limit the Administrator's or Secretary's authority to enforce any provision of this Act; except that any violation— "(i) with respect to which the Administrator or the Secretary has commenced and is diligently prosecuting an action under this subsection,

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Page:United States Statutes at Large Volume 101 Part 1.djvu/78

 101 STAT. 48

PUBLIC LAW 100-4—FEB. 4, 1987 tjiiic a i: J "(ii) with respect to which a State has commenced and is diligently prosecuting an action under a State law comparable to this subsection, or "(iii) for which the Administrator, the Secretary, or the State has issued a final order not subject to further judicial review and the violator has paid a penalty assessed under this subsection, or such comparable State law, as the case may be, shall not be the subject of a civil penalty action under ^y subsection (d) of this section or section 311(b) or section 505 of this Act.

State and local governments.

33 USC 1321, 1365.

"(B) APPLICABILITY OF LIMITATION WITH RESPECT TO CITI-

"

mi

'

ZEN SUITS.—The limitations contained in subparagraph (A) on civil penalty actions under section 505 of this Act shall not apply with respect to any violation for which— "(i) a civil action under section 505(a)(1) of this Act has been filed prior to commencement of an action under this subsection, or "(ii) notice of an alleged violation of section 505(a)(1) of this Act has been given in accordance with section 505(b)(1)(A) prior to commencement of an action under this subsection and an action under section 505(a)(l) with respect to such alleged violation is filed before the 120th day after the date on which such notice is given. "(7) EFFECT OF ACTION ON COMPLIANCE.—No action by

33 USC 1342, 1344.

Records.

the

Administrator or the Secretary under this subsection shall affect any person's obligation to comply with any section of this Act or with the terms and conditions of any permit issued pursuant to section 402 or 404 of this Act. "(8) JUDICIAL REVIEW.—Any person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty in accordance with paragraph (4) may obtain review of such assessment— "(A) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred, or "(B) in the case of assessment of a class II civil penalty, in United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business, by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or the Secretary, as the case may be, and the Attorney General. The Administrator or the Secretary shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion. "(9) COLLECTION.—If any person fails to pay an assessment of a civil penalty—

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