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106th CONGRESS
2d Session
H. R. 5606
To amend the Federal Water Pollution Control Act to improve the
enforcement and compliance programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2000
Mr. Pallone introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to improve the
enforcement and compliance programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Enforcement and
Compliance Improvement Act of 2000''.
SEC. 2. FINDINGS.
(a) In General.--Congress finds that--
(1) a significant number of persons who have been issued
permits under section 402 of the Federal Water Pollution
Control Act are in violation of such permits;
(2) current enforcement programs of the Administrator of
the Environmental Protection Agency and the States fail to
address violations of such permits in a timely and effective
manner;
(3) full, accurate and prompt reporting of possible
violations of the Federal Water Pollution Control Act is
necessary for implementation and well served by assuring that
good faith reporters of possible violations are protected
against adverse personnel actions;
(4) often violations of such permits continue for a
considerable period of time, yielding significant economic
benefits for the violator and thus penalizing similar
facilities which act lawfully;
(5) penalties assessed and collected by the Administrator
from violators of such permits are often less than the economic
benefit gained by the violator;
(6) swift and timely enforcement by the Administrator and
the States of violations of such permits is necessary to
increase levels of compliance with such permits; and
(7) actions of private citizens have been effective in
enforcing such permits and directing funds to environmental
mitigation projects with over $12.8 million in penalties and
interest having been recovered and deposited with the Treasury
of the United States over the fiscal years 1990 through 1999.
(b) Finding With Respect to Harm Caused by Violations.--Section 101
of the Federal Water Pollution Control Act (33 U.S.C. 1251) is amended
by adding at the end the following:
``(h) Finding With Respect to Harm Caused by Violations.--Congress
finds that a discharge which results in a violation of this Act or a
regulation, standard, limitation, requirement, or order issued pursuant
to this Act interferes with the restoration and maintenance of the
chemical, physical, and biological integrity of any waters into which
the discharge flows (either directly or through a publicly owned
treatment works), including any waters into which the receiving waters
flow, and, therefore, harms those who use or enjoy such waters and
those who use or enjoy nearby lands or aquatic resources associated
with those waters.
``(i) Finding With Respect to Citizen Suits.--Congress finds that
citizen suits are a valuable means of enforcement of this Act and urges
the Administrator to take actions to encourage such suits, including
providing information concerning violators to citizen groups to assist
them in bringing suits, providing expert witnesses and other evidence
with respect to such suits, and filing amicus curiae briefs on
important issues related to such suits.''.
SEC. 3. VIOLATIONS OF REQUIREMENTS OF LOCAL CONTROL AUTHORITIES.
Section 307(d) of Federal Water Pollution Control Act (33 U.S.C.
1317(d)) is amended to read as follows:
``(d) Violations.--After the date on which (1) any effluent
standard or prohibition or pretreatment standard or requirement takes
effect under this section, or (2) any requirement imposed in a
pretreatment program under section 402(a)(3) or 402(b)(8) of this Act
takes effect, it shall be unlawful for any owner or operator of any
source to operate such source in violation of the effluent standard,
prohibition, pretreatment standard, or requirement.''.
SEC. 4. INSPECTIONS, MONITORING, AND PROVIDING INFORMATION.
(a) Applicability of Requirements.--Section 308(a)(1)(A) of the
Federal Water Pollution Control Act (33 U.S.C. 1318(a)(1)(A)) is
amended by striking ``the owner or operator of any point source'' and
inserting ``a person subject to any requirement of this Act''.
(b) Public Access to Information.--The first sentence of section
308(b) of such Act is amended--
(1) by inserting ``(including information contained in the
permit compliance system of the Environmental Protection
Agency)'' after ``obtained under this section'';
(2) by inserting ``made'' after ``shall be''; and
(3) by inserting ``by computer telecommunication and other
means for a period of at least 10 years'' after ``public'' the
first place it appears.
(c) Public Information.--Section 308 of such Act is further amended
by adding at the end the following:
``(e) Public Information.--
``(1) Posting of notice of polluted waters.--At each major
point of public access (including, at a minimum, beaches,
parks, recreation areas, marinas, and boat launching areas) to
a body of navigable water that does not meet an applicable
water quality standard or that is subject to a fishing or shell
fishing ban, advisory, or consumption restriction (issued by a
Federal, State, or local authority) due to fish or shellfish
contamination, the State within which boundaries all or any
part of such body of water lies shall, either directly or
through local authorities, post and maintain a clearly visible
sign which--
``(A) indicates the water quality standard that is
being violated or the nature and extent of the
restriction on fish or shellfish consumption, as the
case may be;
``(B) includes (i) information on the environmental
and health effects associated with the failure to meet
such standard or with the consumption of fish or shellfish subject to
the restriction, and (ii) a phone number for obtaining additional
information relating to the violation and restriction; and
``(C) will be maintained until the body of water is
in compliance with the water quality standard or until
all fish and shellfish consumption restrictions are
terminated with respect to the body of water, as the
case may be.
``(2) Notice of discharges to navigable waters.--Except for
permits issued to municipalities for discharges composed
entirely of stormwater under section 402 of this Act, each
permit issued under section 402 by the Administrator or by a
State shall ensure compliance with the following requirements:
``(A) Every permittee shall conspicuously maintain
at all public entrances to the facility a clearly
visible sign which indicates that the facility
discharges pollutants into navigable waters and the
location of such discharges; the name, business
address, and phone number of the permittee; the permit
number; and a location at which a copy of the permit
and public information required by this paragraph is
maintained and made available for inspection or a phone
number for obtaining such information.
``(B) Each permittee which is a publicly owned
treatment works shall include in each quarterly mailing
of a bill to each customer of the treatment works
information which indicates that the treatment works
discharges pollutants into the navigable waters and the
location of each of such discharges; the name, business
address and phone number of the permittee; the permit
number; a location at which a copy of the permit and
public information required by this paragraph is
maintained and made available for inspection or a phone
number for obtaining such information; and a list of
all violations of the requirements of the permit by the
treatment works over the preceding 12-month period.
``(3) Regulations.--
``(A) Issuance.--The Administrator--
``(i) not later than 6 months after the
date of the enactment of this subsection, shall
propose regulations to carry out this
subsection; and
``(ii) not later than 18 months after such
date of enactment, shall issue such
regulations.
``(B) Content.--The regulations issued to carry out
this subsection shall establish--
``(i) uniform requirements and procedures
for identifying and posting bodies of water
under paragraph (1);
``(ii) minimum information to be included
in signs posted and notices issued pursuant to
this subsection;
``(iii) uniform requirements and procedures
for fish and shellfish sampling and analysis;
and
``(iv) uniform requirements for determining
the nature and extent of fish and shellfish
bans, advisories, and consumption restrictions
which--
``(I) address cancer and noncancer
human health risks;
``(II) take into account the
effects of all fish and shellfish
contaminants, including the cumulative
and synergistic effects;
``(III) assure the protection of
subpopulations who consume higher than
average amounts of fish and shellfish
or are particularly susceptible to the
effects of such contamination;
``(IV) address race, gender, ethnic
composition, or social and economic
factors, based on the latest available
studies of national or regional
consumption by and impacts on such
subpopulations unless more reliable
site-specific data is available;
``(V) are based on a margin of
safety that takes into account the
uncertainties in human health impacts
from such contamination; and
``(VI) evaluate assessments of
health risks of contaminated fish and
shellfish that are used in pollution
control programs developed by the
Administrator under this Act.''.
(d) State Reports.--Section 305(b)(1) of such Act (33 U.S.C.
1315(b)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) a list identifying bodies of water for which
signs were posted under section 308(e)(1) in the
preceding year and the reason or reasons for such
posting.''.
SEC. 5. CIVIL PENALTIES.
(a) Enforcement of Local Pretreatment Requirements.--
(1) Compliance orders.--
(A) Initial action.--Section 309(a)(1) of the
Federal Water Pollution Control Act (33 U.S.C.
1319(a)(1)) is amended by inserting after ``404 of this
Act,'' the following: ``or is in violation of any
requirement imposed in a pretreatment program approved
under section 402(a)(3) or 402(b)(8) of this Act,''.
(B) Issuance of orders.--Section 309(a)(3) of such
Act is amended by inserting after ``404 of this Act by
a State,'' the following: ``or is in violation of any
requirement imposed in a pretreatment program approved
under section 402(a)(3) or 402(b)(8) of this Act,''.
(2) Criminal penalties.--Section 309(c)(3)(A) of such Act
is amended by inserting after ``Army or by a State,'' the
following: ``or knowingly violates any requirement imposed in a
pretreatment program approved under section 402(a)(3) or
402(b)(8) of this Act,''.
(3) Administrative penalties.--Section 309(g)(1)(A) of such
Act is amended by inserting after ``404 by a State,'' the
following: ``or has violated any requirement imposed in a
pretreatment program approved under section 402(a)(3) or
402(b)(8) of this Act or an order issued by the Administrator
under subsection (a) of this section,''.
(b) Treatment of Single Operational Upsets.--
(1) Criminal penalties.--Section 309(c) of such Act is
amended by striking paragraph (5) and redesignating paragraphs
(6) and (7) as paragraphs (5) and (6), respectively.
(2) Civil penalties.--Section 309(d) of such Act is amended
by striking the last sentence.
(3) Administrative penalties.--Section 309(g)(3) of such
Act is amended by striking the last sentence.
(c) Use of Civil Penalties for Mitigation Projects.--
(1) In general.--Section 309(d) of such Act is amended by
inserting after the second sentence the following: ``The court,
in its discretion, may order that all or a portion of a civil
penalty be used for carrying out beneficial projects to enhance
public health or the environment by restoring or otherwise
improving, in a manner consistent with this Act, the water
quality, wildlife, or habitat of specific waters or watershed
of the State in which the violation occurred.''.
(2) Conforming amendment.--Section 505(a) of such Act (33
U.S.C. 1365(a)) is amended by inserting before the period at
the end of the last sentence the following: ``, including
ordering, in accordance with section 309(d), the use of all or
a portion of a civil penalty for carrying out beneficial
projects to enhance public health or the environment by
restoring or otherwise improving, in a manner consistent with
this Act, the water quality, wildlife, or habitat of specific
waters or watershed of the State in which the violation
occurred''.
(d) Determination of Amount of Penalties.--
(1) Civil penalties.--The second sentence of section 309(d)
of such Act (33 U.S.C. 1319(d)) is amended by inserting ``the
amount of any penalty previously imposed on the violator by a
court or administrative agency for the same violation or
violations,'' after ``economic impact of the penalty on the
violator,''.
(2) Administrative penalties.--Section 309(g)(3) of such
Act is amended--
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