SUBCHAPTER V—GENERAL PROVISIONS
§1361. Administration
(a) Authority of Administrator to prescribe regulations
The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter.
(b) Utilization of other agency officers and employees
The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as may be found necessary to assist in carrying out the purposes of this chapter.
(c) Recordkeeping
Each recipient of financial assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate effective audit.
(d) Audit
The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter. For the purpose of carrying out audits and examinations with respect to recipients of Federal assistance under this chapter, the Administrator is authorized to enter into noncompetitive procurement contracts with independent State audit organizations, consistent with
(e) Awards for outstanding technological achievement or innovative processes, methods, or devices in waste treatment and pollution abatement programs
(1) It is the purpose of this subsection to authorize a program which will provide official recognition by the United States Government to those industrial organizations and political subdivisions of States which during the preceding year demonstrated an outstanding technological achievement or an innovative process, method, or device in their waste treatment and pollution abatement programs. The Administrator shall, in consultation with the appropriate State water pollution control agencies, establish regulations under which such recognition may be applied for and granted, except that no applicant shall be eligible for an award under this subsection if such applicant is not in total compliance with all applicable water quality requirements under this chapter, or otherwise does not have a satisfactory record with respect to environmental quality.
(2) The Administrator shall award a certificate or plaque of suitable design to each industrial organization or political subdivision which qualifies for such recognition under regulations established under this subsection.
(3) The President of the United States, the Governor of the appropriate State, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall be notified of the award by the Administrator and the awarding of such recognition shall be published in the Federal Register.
(f) Detail of Environmental Protection Agency personnel to State water pollution control agencies
Upon the request of a State water pollution control agency, personnel of the Environmental Protection Agency may be detailed to such agency for the purpose of carrying out the provisions of this chapter.
(June 30, 1948, ch. 758, title V, §501, as added
Editorial Notes
Amendments
1987—Subsec. (d).
Statutory Notes and Related Subsidiaries
Applicability of Spill Prevention, Control, and Countermeasure Rule
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(A)
"(i) in the 3 years prior to the certification date of the Spill Prevention, Control, and Countermeasure plan (as described in section 112.3 of title 40, Code of Federal Regulations (including successor regulations); or
"(ii) since becoming subject to part 112 of title 40, Code of Federal Regulations, if the facility has been in operation for less than 3 years.
"(B)
"(7)
"(b)
"(1) require certification by a professional engineer for a farm with—
"(A) an individual tank with an aboveground storage capacity greater than 10,000 gallons;
"(B) an aggregate aboveground storage capacity greater than or equal to 20,000 gallons; or
"(C) a reportable oil discharge history; or
"(2) allow certification by the owner or operator of the farm (via self-certification) for a farm with—
"(A) an aggregate aboveground storage capacity less than 20,000 gallons and greater than the lesser of—
"(i) 6,000 gallons; and
"(ii) the adjustment quantity established under subsection (d)(2); and
"(B) no reportable oil discharge history; and
"(3) not require compliance with the rule by any farm—
"(A) with an aggregate aboveground storage capacity greater than 2,500 gallons and less than the lesser of—
"(i) 6,000 gallons; and
"(ii) the adjustment quantity established under subsection (d)(2); and
"(B) no reportable oil discharge history; and
"(4) not require compliance with the rule by any farm with an aggregate aboveground storage capacity of less than 2,500 gallons.
"(c)
"(1)
"(A) all containers on separate parcels that have a capacity that is 1,000 gallons or less; and
"(B) all containers holding animal feed ingredients approved for use in livestock feed by the Commissioner of Food and Drugs.
"(2)
"(A) Containers on a separate parcel that have—
"(i) an individual capacity of not greater than 1,000 gallons; and
"(ii) an aggregate capacity of not greater than 2,500 gallons.
"(B) A container holding animal feed ingredients approved for use in livestock feed by the Food and Drug Administration.
"(d)
"(1)
"(2)
Environmental Court Feasibility Study
Transfer of Public Health Service Officers
§1362. Definitions
Except as otherwise specifically provided, when used in this chapter:
(1) The term "State water pollution control agency" means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution.
(2) The term "interstate agency" means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.
(3) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
(4) The term "municipality" means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under
(5) The term "person" means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.
(6) The term "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) "sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces" within the meaning of
(7) The term "navigable waters" means the waters of the United States, including the territorial seas.
(8) The term "territorial seas" means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles.
(9) The term "contiguous zone" means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.
(10) The term "ocean" means any portion of the high seas beyond the contiguous zone.
(11) The term "effluent limitation" means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance.
(12) The term "discharge of a pollutant" and the term "discharge of pollutants" each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
(13) The term "toxic pollutant" means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.
(14) The term "point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.
(15) The term "biological monitoring" shall mean the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and locations.
(16) The term "discharge" when used without qualification includes a discharge of a pollutant, and a discharge of pollutants.
(17) The term "schedule of compliance" means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.
(18) The term "industrial user" means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category of "Division D—Manufacturing" and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate.
(19) The term "pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(20) The term "medical waste" means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation.
(21)
(A)
(i) the Great Lakes; and
(ii) marine coastal waters (including coastal estuaries) that are designated under
(B)
(i) inland waters; or
(ii) waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea.
(22)
(A)
(B)
(i) plastic;
(ii) aluminum cans;
(iii) wood products;
(iv) bottles; and
(v) paper products.
(23)
(24)
(25)
(A)
(i) manufactured or used primarily for pleasure; or
(ii) leased, rented, or chartered to a person for the pleasure of that person.
(B)
(i) is engaged in commercial use; or
(ii) carries paying passengers.
(26)
(27)
(June 30, 1948, ch. 758, title V, §502, as added
Editorial Notes
Amendments
2019—Par. (27).
2014—Par. (26).
2008—Par. (25).
2005—Par. (24).
2000—Pars. (21) to (23).
1996—Par. (6)(A).
1988—Par. (20).
1987—Par. (3).
Par. (14).
1977—Par. (14).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Definition of "Point Source"
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Territorial Sea and Contiguous Zone of United States
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under
§1363. Water Pollution Control Advisory Board
(a) Establishment; composition; terms of office
(1) There is hereby established in the Environmental Protection Agency a Water Pollution Control Advisory Board, composed of the Administrator or his designee, who shall be Chairman, and nine members appointed by the President, none of whom shall be Federal officers or employees. The appointed members, having due regard for the purposes of this chapter, shall be selected from among representatives of various State, interstate, and local governmental agencies, of public or private interests contributing to, affected by, or concerned with pollution, and of other public and private agencies, organizations, or groups demonstrating an active interest in the field of pollution prevention and control, as well as other individuals who are expert in this field.
(2)(A) Each member appointed by the President shall hold office for a term of three years, except that (i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of the members first taking office after June 30, 1956, shall expire as follows: three at the end of one year after such date, three at the end of two years after such date, and three at the end of three years after such date, as designated by the President at the time of appointment, and (iii) the term of any member under the preceding provisions shall be extended until the date on which his successor's appointment is effective. None of the members appointed by the President shall be eligible for reappointment within one year after the end of his preceding term.
(B) The members of the Board who are not officers or employees of the United States, while attending conferences or meetings of the Board or while serving at the request of the Administrator, shall be entitled to receive compensation at a rate to be fixed by the Administrator, but not exceeding $100 per diem, including travel-time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons in the Government service employed intermittently.
(b) Functions
The Board shall advise, consult with, and make recommendations to the Administrator on matters of policy relating to the activities and functions of the Administrator under this chapter.
(c) Clerical and technical assistance
Such clerical and technical assistance as may be necessary to discharge the duties of the Board shall be provided from the personnel of the Environmental Protection Agency.
(June 30, 1948, ch. 758, title V, §503, as added
Editorial Notes
References in Text
Travel expenses, including per diem in lieu of subsistence as authorized by law, referred to in subsec. (a)(2)(B), probably means the allowances authorized by
Statutory Notes and Related Subsidiaries
Continuation of Term of Office
Terms of Office of Members of Water Pollution Control Advisory Board
Act July 9, 1956, ch. 518, §3,
Termination of Advisory Boards
Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See
§1364. Emergency powers
(a) Emergency powers
Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary.
(b) Repealed. Pub. L. 96–510, title III, §304(a), Dec. 11, 1980, 94 Stat. 2809
(June 30, 1948, ch. 758, title V, §504, as added
Editorial Notes
Amendments
1980—Subsec. (b).
1977—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
§1365. Citizen suits
(a) Authorization; jurisdiction
Except as provided in subsection (b) of this section and
(1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or
(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under
(b) Notice
No action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to sixty days after the plaintiff has given notice of the alleged violation (i) to the Administrator, (ii) to the State in which the alleged violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or
(B) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States, or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any citizen may intervene as a matter of right.
(2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator,
except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of
(c) Venue; intervention by Administrator; United States interests protected
(1) Any action respecting a violation by a discharge source of an effluent standard or limitation or an order respecting such standard or limitation may be brought under this section only in the judicial district in which such source is located.
(2) In such action under this section, the Administrator, if not a party, may intervene as a matter of right.
(3)
(d) Litigation costs
The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
(e) Statutory or common law rights not restricted
Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard or limitation or to seek any other relief (including relief against the Administrator or a State agency).
(f) Effluent standard or limitation
For purposes of this section, the term "effluent standard or limitation under this chapter" means (1) effective July 1, 1973, an unlawful act under subsection (a) of
(g) "Citizen" defined
For the purposes of this section the term "citizen" means a person or persons having an interest which is or may be adversely affected.
(h) Civil action by State Governors
A Governor of a State may commence a civil action under subsection (a), without regard to the limitations of subsection (b) of this section, against the Administrator where there is alleged a failure of the Administrator to enforce an effluent standard or limitation under this chapter the violation of which is occurring in another State and is causing an adverse effect on the public health or welfare in his State, or is causing a violation of any water quality requirement in his State.
(June 30, 1948, ch. 758, title V, §505, as added
Editorial Notes
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
2018—Subsec. (f).
1987—Subsec. (a).
Subsec. (c)(3).
Subsec. (d).
Subsec. (f).
§1366. Appearance
The Administrator shall request the Attorney General to appear and represent the United States in any civil or criminal action instituted under this chapter to which the Administrator is a party. Unless the Attorney General notifies the Administrator within a reasonable time, that he will appear in a civil action, attorneys who are officers or employees of the Environmental Protection Agency shall appear and represent the United States in such action.
(June 30, 1948, ch. 758, title V, §506, as added
§1367. Employee protection
(a) Discrimination against persons filing, instituting, or testifying in proceedings under this chapter prohibited
No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter.
(b) Application for review; investigation; hearing; review
Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary of Labor for a review of such firing or alleged discrimination. A copy of the application shall be sent to such person who shall be the respondent. Upon receipt of such application, the Secretary of Labor shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to such alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to
(c) Costs and expenses
Whenever an order is issued under this section to abate such violation, at the request of the applicant, a sum equal to the aggregate amount of all costs and expenses (including the attorney's fees), as determined by the Secretary of Labor, to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the person committing such violation.
(d) Deliberate violations by employee acting without direction from his employer or his agent
This section shall have no application to any employee who, acting without direction from his employer (or his agent) deliberately violates any prohibition of effluent limitation or other limitation under
(e) Investigations of employment reductions
The Administrator shall conduct continuing evaluations of potential loss or shifts of employment which may result from the issuance of any effluent limitation or order under this chapter, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such limitation or order. Any employee who is discharged or laid-off, threatened with discharge or lay-off, or otherwise discriminated against by any person because of the alleged results of any effluent limitation or order issued under this chapter, or any representative of such employee, may request the Administrator to conduct a full investigation of the matter. The Administrator shall thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less than five days notice, and shall at such hearings require the parties, including the employer involved, to present information relating to the actual or potential effect of such limitation or order on employment and on any alleged discharge, lay-off, or other discrimination and the detailed reasons or justification therefor. Any such hearing shall be of record and shall be subject to
(June 30, 1948, ch. 758, title V, §507, as added
§1368. Federal procurement
(a) Contracts with violators prohibited
No Federal agency may enter into any contract with any person, who has been convicted of any offense under
(b) Notification of agencies
The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.
(c) Omitted
(d) Exemptions
The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.
(e) Annual report to Congress
The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.
(f) Contractor certification or contract clause in acquisition of commercial products or commercial services
(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial products or commercial services in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section.
(2) In paragraph (1), the terms "commercial product" and "commercial service" have the meanings given those terms in sections 103 and 103a, respectively, of title 41.
(June 30, 1948, ch. 758, title V, §508, as added
Editorial Notes
Codification
Subsec. (c) of this section authorized the President to cause to be issued, not more than 180 days after October 18, 1972, an order (1) requiring each Federal agency authorized to enter into contracts or to extend Federal assistance by way of grant, loan, or contract, to effectuate the purpose and policy of this chapter, and (2) setting forth procedures, sanctions and penalties as the President determines necessary to carry out such requirement.
Amendments
2018—Subsec. (f)(1).
Subsec. (f)(2).
1994—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Executive Documents
Administration of Chapter With Respect to Federal Contracts, Grants, or Loans
For provisions concerning the administration of this chapter with respect to Federal contracts, grants, or loans, see Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under
§1369. Administrative procedure and judicial review
(a) Subpenas
(1) For purposes of obtaining information under
(2) The district courts of the United States are authorized, upon application by the Administrator, to issue subpenas for attendance and testimony of witnesses and the production of relevant papers, books, and documents, for purposes of obtaining information under sections 1314(b) and (c) of this title. Any papers, books, documents, or other information or part thereof, obtained by reason of such a subpena shall be subject to the same requirements as are provided in paragraph (1) of this subsection.
(b) Review of Administrator's actions; selection of court; fees
(1) Review of the Administrator's action (A) in promulgating any standard of performance under
(2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) of this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement.
(3)
(4)
(A)
(B)
(c) Additional evidence
In any judicial proceeding brought under subsection (b) of this section in which review is sought of a determination under this chapter required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.
(June 30, 1948, ch. 758, title V, §509, as added
Editorial Notes
Amendments
2018—Subsec. (b)(4).
1988—Subsec. (b)(3), (4).
1987—Subsec. (b)(1).
Subsec. (b)(3), (4).
1973—Subsec. (b)(1)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
§1370. State authority
Except as expressly provided in this chapter, nothing in this chapter shall (1) preclude or deny the right of any State or political subdivision thereof or interstate agency to adopt or enforce (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; except that if an effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance is in effect under this chapter, such State or political subdivision or interstate agency may not adopt or enforce any effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance which is less stringent than the effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance under this chapter; or (2) be construed as impairing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States.
(June 30, 1948, ch. 758, title V, §510, as added
§1371. Authority under other laws and regulations
(a) Impairment of authority or functions of officials and agencies; treaty provisions
This chapter shall not be construed as (1) limiting the authority or functions of any officer or agency of the United States under any other law or regulation not inconsistent with this chapter; (2) affecting or impairing the authority of the Secretary of the Army (A) to maintain navigation or (B) under the Act of March 3, 1899, (
(b) Discharges of pollutants into navigable waters
Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 (
(c) Action of the Administrator deemed major Federal action; construction of the National Environmental Policy Act of 1969
(1) Except for the provision of Federal financial assistance for the purpose of assisting the construction of publicly owned treatment works as authorized by
(2) Nothing in the National Environmental Policy Act of 1969 (
(A) authorize any Federal agency authorized to license or permit the conduct of any activity which may result in the discharge of a pollutant into the navigable waters to review any effluent limitation or other requirement established pursuant to this chapter or the adequacy of any certification under
(B) authorize any such agency to impose, as a condition precedent to the issuance of any license or permit, any effluent limitation other than any such limitation established pursuant to this chapter.
(d) Consideration of international water pollution control agreements
Notwithstanding this chapter or any other provision of law, the Administrator (1) shall not require any State to consider in the development of the ranking in order of priority of needs for the construction of treatment works (as defined in subchapter II of this chapter), any water pollution control agreement which may have been entered into between the United States and any other nation, and (2) shall not consider any such agreement in the approval of any such priority ranking.
(June 30, 1948, ch. 758, title V, §511, as added
Editorial Notes
References in Text
Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3, 1899, ch. 425,
The Rivers and Harbors Act of 1910, referred to in subsec. (b), probably means act June 23, 1910, ch. 359,
The Supervisory Harbors Act of 1888, referred to in subsec. (b), probably means act June 29, 1888, ch. 496,
The National Environmental Policy Act of 1969, referred to in subsec. (c), is
Amendments
1974—Subsec. (d).
§1372. Labor standards
The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on treatment works for which grants are made under this chapter shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with
(June 30, 1948, ch. 758, title V, §513, as added
Editorial Notes
References in Text
Reorganization Plan Numbered 14 of 1950, referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176,
Codification
In text, "
Statutory Notes and Related Subsidiaries
Applicability of Labor Standards to Construction of Treatment Works
1 So in original. Probably should be "section,".
§1373. Public health agency coordination
The permitting agency under
(June 30, 1948, ch. 758, title V, §514, as added
§1374. Effluent Standards and Water Quality Information Advisory Committee
(a) Establishment; membership; term
(1) There is established an Effluent Standards and Water Quality Information Advisory Committee, which shall be composed of a Chairman and eight members who shall be appointed by the Administrator within sixty days after October 18, 1972.
(2) All members of the Committee shall be selected from the scientific community, qualified by education, training, and experience to provide, assess, and evaluate scientific and technical information on effluent standards and limitations.
(3) Members of the Committee shall serve for a term of four years, and may be reappointed.
(b) Action on proposed regulations
(1) No later than one hundred and eighty days prior to the date on which the Administrator is required to publish any proposed regulations required by
(2) No later than one hundred and twenty days after receipt of such notice, the Committee shall transmit to the Administrator such scientific and technical information as is in its possession, including that presented at any public hearing, related to the subject matter contained in such notice.
(3) Information so transmitted to the Administrator shall constitute a part of the administrative record and comments on any proposed regulations or standards as information to be considered with other comments and information in making any final determinations.
(4) In preparing information for transmittal, the Committee shall avail itself of the technical and scientific services of any Federal agency, including the United States Geological Survey and any national environmental laboratories which may be established.
(c) Secretary; legal counsel; compensation
(1) The Committee shall appoint and prescribe the duties of a Secretary, and such legal counsel as it deems necessary. The Committee shall appoint such other employees as it deems necessary to exercise and fulfill its powers and responsibilities. The compensation of all employees appointed by the Committee shall be fixed in accordance with
(2) Members of the Committee shall be entitled to receive compensation at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under
(d) Quorum; special panel
Five members of the Committee shall constitute a quorum, and official actions of the Committee shall be taken only on the affirmative vote of at least five members. A special panel composed of one or more members upon order of the Committee shall conduct any hearing authorized by this section and submit the transcript of such hearing to the entire Committee for its action thereon.
(e) Rules
The Committee is authorized to make such rules as are necessary for the orderly transaction of its business.
(June 30, 1948, ch. 758, title V, §515, as added
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§1375. Reports to Congress; detailed estimates and comprehensive study on costs; State estimates
(a) Implementation of chapter objectives; status and progress of programs
Within ninety days following the convening of each session of Congress, the Administrator shall submit to the Congress a report, in addition to any other report required by this chapter, on measures taken toward implementing the objective of this chapter, including, but not limited to, (1) the progress and problems associated with developing comprehensive plans under
(b) Detailed estimates and comprehensive study on costs; State estimates, survey form
(1) The Administrator, in cooperation with the States, including water pollution control agencies and other water pollution control planning agencies, shall make (A) a detailed estimate of the cost of carrying out the provisions of this chapter; (B) a detailed estimate, biennially revised, of the cost of construction of all needed publicly owned treatment works in all of the States and of the cost of construction of all needed publicly owned treatment works in each of the States; (C) a comprehensive study of the economic impact on affected units of government of the cost of installation of treatment facilities; and (D) a comprehensive analysis of the national requirements for and the cost of treating municipal, industrial, and other effluent to attain the water quality objectives as established by this chapter or applicable State law. The Administrator shall submit such detailed estimate and such comprehensive study of such cost to the Congress no later than February 10 of each odd-numbered year. Whenever the Administrator, pursuant to this subsection, requests and receives an estimate of cost from a State, he shall furnish copies of such estimate together with such detailed estimate to Congress.
(2) Notwithstanding the second sentence of paragraph (1) of this subsection, the Administrator shall make a preliminary detailed estimate called for by subparagraph (B) of such paragraph and shall submit such preliminary detailed estimate to the Congress no later than September 3, 1974. The Administrator shall require each State to prepare an estimate of cost for such State, and shall utilize the survey form EPA–1, O.M.B. No. 158–R0017, prepared for the 1973 detailed estimate, except that such estimate shall include all costs of compliance with
(c) Status of combined sewer overflows in municipal treatment works operations
The Administrator shall submit to the Congress by October 1, 1978, a report on the status of combined sewer overflows in municipal treatment works operations. The report shall include (1) the status of any projects funded under this chapter to address combined sewer overflows (2) a listing by State of combined sewer overflow needs identified in the 1977 State priority listings, (3) an estimate for each applicable municipality of the number of years necessary, assuming an annual authorization and appropriation for the construction grants program of $5,000,000,000, to correct combined sewer overflow problems, (4) an analysis using representative municipalities faced with major combined sewer overflow needs, of the annual discharges of pollutants from overflows in comparison to treated effluent discharges, (5) an analysis of the technological alternatives available to municipalities to correct major combined sewer overflow problems, and (6) any recommendations of the Administrator for legislation to address the problem of combined sewer overflows, including whether a separate authorization and grant program should be established by the Congress to address combined sewer overflows.
(d) Legislative recommendations on program requiring coordination between water supply and wastewater control plans as condition for construction grants; public hearing
The Administrator, in cooperation with the States, including water pollution control agencies, and other water pollution control planning agencies, and water supply and water resources agencies of the States and the United States shall submit to Congress, within two years of December 27, 1977, a report with recommendations for legislation on a program to require coordination between water supply and wastewater control plans as a condition to grants for construction of treatment works under this chapter. No such report shall be submitted except after opportunity for public hearings on such proposed report.
(e) 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 subchapter VI of this chapter. 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 chapter;
(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 subchapter VI of this chapter;
(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
(F) an assessment of the efficiency of the operation and maintenance of treatment works constructed with assistance provided by such revolving funds compared to the efficiency of the operation and maintenance of treatment works constructed with assistance provided under
(June 30, 1948, ch. 758, title V, §516, as added
Editorial Notes
Amendments
2002—Subsecs. (a) to (e).
1998—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
1995—Subsecs. (d), (e), (g).
1987—Subsec. (g).
1977—Subsecs. (c) to (e).
1974—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Studies and Reports
Detailed Estimates, Comprehensive Study, and Comprehensive Analysis; Report to Congress not Later Than December 31, 1982
Study and Report to Congress by Secretary of the Interior of Financing Water Pollution Prevention, Control, and Abatement Programs
Termination of Advisory Boards
Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law, see
§1375a. Report on coastal recreation waters
(a) In general
Not later than 4 years after October 10, 2000, and every 4 years thereafter, the Administrator of the Environmental Protection Agency shall submit to Congress a report that includes—
(1) recommendations concerning the need for additional water quality criteria for pathogens and pathogen indicators and other actions that should be taken to improve the quality of coastal recreation waters;
(2) an evaluation of Federal, State, and local efforts to implement this Act, including the amendments made by this Act; and
(3) recommendations on improvements to methodologies and techniques for monitoring of coastal recreation waters.
(b) Coordination
The Administrator of the Environmental Protection Agency may coordinate the report under this section with other reporting requirements under the Federal Water Pollution Control Act (
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a)(2), is
The Federal Water Pollution Control Act, referred to in subsec. (b), is act June 30, 1948, ch. 758, as amended generally by
Codification
Section was enacted as part of the Beaches Environmental Assessment and Coastal Health Act of 2000, and not as part of the Federal Water Pollution Control Act which comprises this chapter.
§1376. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter, other than sections 1254, 1255, 1256(a), 1257, 1258, 1262, 1263, 1264,1 1265, 1286, 1287, 1288(f) and (h), 1289, 1314, 1321(c), (d), (i), (l), and (k),1 1324, 1325, and 1327 of this title, $250,000,000 for the fiscal year ending June 30, 1973, $300,000,000 for the fiscal year ending June 30, 1974, $350,000,000 for the fiscal year ending June 30, 1975, $100,000,000 for the fiscal year ending September 30, 1977, $150,000,000 for the fiscal year ending September 30, 1978, $150,000,000 for the fiscal year ending September 30, 1979, $150,000,000 for the fiscal year ending September 30, 1980, $150,000,000 for the fiscal year ending September 30, 1981, $161,000,000 for the fiscal year ending September 30, 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $135,000,000 per fiscal year for each of the fiscal years 1986 through 1990.
(June 30, 1948, ch. 758, title V, §517, as added
Editorial Notes
References in Text
Amendments
1987—
1980—
1977—
Statutory Notes and Related Subsidiaries
Authorization Approval for Funds Appropriated Before December 27, 1977, for Expenditures Through Fiscal Year Ending September 30, 1977
1 See References in Text note below.
§1377. Indian tribes
(a) Policy
Nothing in this section shall be construed to affect the application of
(b) Assessment of sewage treatment needs; report
The Administrator, in cooperation with the Director of the Indian Health Service, shall assess the need for sewage treatment works to serve Indian tribes, the degree to which such needs will be met through funds allotted to States under
(c) Reservation of funds
(1) Fiscal years 1987–2014
The Administrator shall reserve each of fiscal years 1987 through 2014, before allotments to the States under
(2) Fiscal year 2015 and thereafter
For fiscal year 2015 and each fiscal year thereafter, the Administrator shall reserve, before allotments to the States under
(3) Use of funds
Funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under
(A) Indian tribes (as defined in subsection (h));
(B) former Indian reservations in Oklahoma (as determined by the Secretary of the Interior); and
(C) Native villages (as defined in
(d) Cooperative agreements
In order to ensure the consistent implementation of the requirements of this chapter, an Indian tribe and the State or States in which the lands of such tribe are located may enter into a cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the requirements of this chapter.
(e) Treatment as States
The Administrator is authorized to treat an Indian tribe as a State for purposes of subchapter II of this chapter and
(1) the Indian tribe has a governing body carrying out substantial governmental duties and powers;
(2) the functions to be exercised by the Indian tribe pertain to the management and protection of water resources which are held by an Indian tribe, held by the United States in trust for Indians, held by a member of an Indian tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of an Indian reservation; and
(3) the Indian tribe is reasonably expected to be capable, in the Administrator's judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this chapter and of all applicable regulations.
Such treatment as a State may include the direct provision of funds reserved under subsection (c) to the governing bodies of Indian tribes, and the determination of priorities by Indian tribes, where not determined by the Administrator in cooperation with the Director of the Indian Health Service. The Administrator, in cooperation with the Director of the Indian Health Service, is authorized to make grants under subchapter II of this chapter in an amount not to exceed 100 percent of the cost of a project. Not later than 18 months after February 4, 1987, the Administrator shall, in consultation with Indian tribes, promulgate final regulations which specify how Indian tribes shall be treated as States for purposes of this chapter. The Administrator shall, in promulgating such regulations, consult affected States sharing common water bodies and provide a mechanism for the resolution of any unreasonable consequences that may arise as a result of differing water quality standards that may be set by States and Indian tribes located on common bodies of water. Such mechanism shall provide for explicit consideration of relevant factors including, but not limited to, the effects of differing water quality permit requirements on upstream and downstream dischargers, economic impacts, and present and historical uses and quality of the waters subject to such standards. Such mechanism should provide for the avoidance of such unreasonable consequences in a manner consistent with the objective of this chapter.
(f) Grants for nonpoint source programs
The Administrator shall make grants to an Indian tribe under
(g) Alaska Native organizations
No provision of this chapter shall be construed to—
(1) grant, enlarge, or diminish, or in any way affect the scope of the governmental authority, if any, of any Alaska Native organization, including any federally-recognized tribe, traditional Alaska Native council, or Native council organized pursuant to the Act of June 18, 1934 (
(2) create or validate any assertion by such organization or any form of governmental authority over lands or persons in Alaska; or
(3) in any way affect any assertion that Indian country, as defined in
(h) Definitions
For purposes of this section, the term—
(1) "Federal Indian reservation" means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; and
(2) "Indian tribe" means any Indian tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation.
(June 30, 1948, ch. 758, title V, §518, as added
Editorial Notes
References in Text
Act of June 18, 1934 (
Prior Provisions
A prior section 518 of act June 30, 1948, was renumbered section 519 and is set out as a note under
Amendments
2014—Subsec. (c).
Subsec. (c)(1).
2000—Subsec. (e).
1988—Subsec. (c).
Statutory Notes and Related Subsidiaries
Grants for Construction of Water Facilities and for Water Quality Protection
Grants to Indian Tribes
Provisions stating that for fiscal year 2006 and notwithstanding
1 So in original. Probably should be subsection "(e)".
§1377a. Green infrastructure promotion
(a) In general
The Administrator shall promote the use of green infrastructure in, and coordinate the integration of green infrastructure into, permitting and enforcement under this chapter, planning efforts, research, technical assistance, and funding guidance of the Environmental Protection Agency.
(b) Coordination of efforts
The Administrator shall ensure that the Office of Water coordinates efforts to increase the use of green infrastructure with—
(1) other Federal departments and agencies;
(2) State, tribal, and local governments; and
(3) the private sector.
(c) Regional green infrastructure promotion
The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and consistent with the requirements of this chapter, to promote and integrate the use of green infrastructure within the region, including through—
(1) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and
(2) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions.
(d) Green infrastructure information-sharing
The Administrator shall promote green infrastructure information-sharing, including through an internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public, regarding green infrastructure approaches for—
(1) reducing water pollution;
(2) protecting water resources;
(3) complying with regulatory requirements; and
(4) achieving other environmental, public health, and community goals.
(June 30, 1948, ch. 758, title V, §519, as added
Editorial Notes
Prior Provisions
A prior section 519 of act June 30, 1948, was renumbered section 520 and is set out as a note under