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National
United States
33 USC CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

-CITE-
33 USC CHAPTER 26 - WATER POLLUTION PREVENTION AND
CONTROL 01/19/04

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
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CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL


-MISC1-
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
Sec.
1251. Congressional declaration of goals and policy.
(a) Restoration and maintenance of chemical,
physical and biological integrity of Nation's
waters; national goals for achievement of
objective.
(b) Congressional recognition, preservation, and
protection of primary responsibilities and
rights of States.
(c) Congressional policy toward Presidential
activities with foreign countries.
(d) Administrator of Environmental Protection
Agency to administer chapter.
(e) Public participation in development, revision,
and enforcement of any regulation, etc.
(f) Procedures utilized for implementing chapter.
(g) Authority of States over water.
1252. Comprehensive programs for water pollution control.
(a) Preparation and development.
(b) Planning for reservoirs; storage for regulation
of streamflow.
(c) Basins; grants to State agencies.
1252a. Reservoir projects, water storage; modification;
storage for other than for water quality, opinion of
Federal agency, committee resolutions of approval;
provisions inapplicable to projects with certain
prescribed water quality benefits in relation to
total project benefits.
1253. Interstate cooperation and uniform laws.
1254. Research, investigations, training, and information.
(a) Establishment of national programs;
cooperation; investigations; water quality
surveillance system; reports.
(b) Authorized activities of Administrator.
(c) Research and studies on harmful effects of
pollutants; cooperation with Secretary of
Health and Human Services.
(d) Sewage treatment; identification and
measurement of effects of pollutants;
augmented streamflow.
(e) Field laboratory and research facilities.
(f) Great Lakes water quality research.
(g) Treatment works pilot training programs;
employment needs forecasting; training
projects and grants; research fellowships;
technical training; report to the President
and transmittal to Congress.
(h) Lake pollution.
(i) Oil pollution control studies.
(j) Solid waste disposal equipment for vessels.
(k) Land acquisition.
(l) Collection and dissemination of scientific
knowledge on effects and control of pesticides
in water.
(m) Waste oil disposal study.
(n) Comprehensive studies of effects of pollution
on estuaries and estuarine zones.
(o) Methods of reducing total flow of sewage and
unnecessary water consumption; reports.
(p) Agricultural pollution.
(q) Sewage in rural areas; national clearinghouse
for alternative treatment information;
clearinghouse on small flows.
(r) Research grants to colleges and universities.
(s) River Study Centers.
(t) Thermal discharges.
(u) Authorization of appropriations.
(v) Studies concerning pathogen indicators in
coastal recreation waters.
1254a. Research on effects of pollutants.
1255. Grants for research and development.
(a) Demonstration projects covering storm waters,
advanced waste treatment and water
purification methods, and joint treatment
systems for municipal and industrial wastes.
(b) Demonstration projects for advanced treatment
and environmental enhancement techniques to
control pollution in river basins.
(c) Research and demonstration projects for
prevention of water pollution by industry.
(d) Accelerated and priority development of waste
management and waste treatment methods and
identification and measurement methods.
(e) Research and demonstration projects covering
agricultural pollution and pollution from
sewage in rural areas; dissemination of
information.
(f) Limitations.
(g) Maximum grants.
(h) Authorization of appropriations.
(i) Assistance for research and demonstration
projects.
(j) Assistance for recycle, reuse, and land
treatment projects.
1256. Grants for pollution control programs.
(a) Authorization of appropriations for State and
interstate programs.
(b) Allotments.
(c) Maximum annual payments.
(d) Limitations.
(e) Grants prohibited to States not establishing
water quality monitoring procedures or
adequate emergency and contingency plans.
(f) Conditions.
(g) Reallotment of unpaid allotments.
1257. Mine water pollution control demonstrations.
(a) Comprehensive approaches to elimination or
control of mine water pollution.
(b) Consistency of projects with objectives of
subtitle IV of title 40.
(c) Watershed selection.
(d) Conditions upon Federal participation.
(e) Authorization of appropriations.
1257a. State demonstration programs for cleanup of abandoned
mines for use as waste disposal sites; authorization
of appropriations.
1258. Pollution control in the Great Lakes.
(a) Demonstration projects.
(b) Conditions of Federal participation.
(c) Authorization of appropriations.
(d) Lake Erie demonstration program.
(e) Authorization of appropriations for Lake Erie
demonstration program.
1259. Training grants and contracts.
1260. Applications; allocation.
1261. Scholarships.
1262. Definitions and authorizations.
1263. Alaska village demonstration projects.
(a) Central community facilities for safe water;
elimination or control of pollution.
(b) Utilization of personnel and facilities of
Department of Health and Human Services.
(c) Omitted.
(d) Authorization of appropriations.
(e) Study to develop comprehensive program for
achieving sanitation services; report to
Congress.
(f) Technical, financial, and management
assistance.
(g) "Village" and "sanitation services" defined.
1263a. Grants to Alaska to improve sanitation in rural and
Native villages.
(a) In general.
(b) Federal share.
(c) Administrative expenses.
(d) Consultation with State of Alaska.
(e) Authorization of appropriations.
1264. Omitted.
1265. In-place toxic pollutants.
1266. Hudson River reclamation demonstration project.
1267. Chesapeake Bay.
(a) Definitions.
(b) Continuation of Chesapeake Bay Program.
(c) Interagency agreements.
(d) Technical assistance and assistance grants.
(e) Implementation and monitoring grants.
(f) Federal facilities and budget coordination.
(g) Chesapeake Bay Program.
(h) Study of Chesapeake Bay Program.
(i) Special study of living resource response.
(j) Authorization of appropriations.
1268. Great Lakes.
(a) Findings, purpose, and definitions.
(b) Great Lakes National Program Office.
(c) Great Lakes management.
(d) Great Lakes research.
(e) Research and management coordination.
(f) Interagency cooperation.
(g) Relationship to existing Federal and State laws
and international treaties.
(h) Authorizations of Great Lakes appropriations.
1269. Long Island Sound.
(a) Office of Management Conference of the Long
Island Sound Study.
(b) Administration and staffing of Office.
(c) Duties of Office.
(d) Grants.
(e) Assistance to distressed communities.
(f) Authorizations.
1270. Lake Champlain Basin Program.
(a) Establishment.
(b) Membership.
(c) Technical Advisory Committee.
(d) Research program.
(e) Pollution prevention, control, and restoration
plan.
(f) Grant assistance.
(g) Definitions.
(h) No effect on certain authority.
(i) Authorization.
1271. Sediment survey and monitoring.
(a) Survey.
(b) Monitoring.
1271a. Research and development program.
(a) In general.
(b) Authorization of appropriations.
1272. Environmental dredging.
(a) Operation and maintenance of navigation
projects.
(b) Nonproject specific.
(c) Joint plan requirement.
(d) Disposal costs.
(e) Limitation on statutory construction.
(f) Priority work.
(g) Nonprofit entities.
1273. Lake Pontchartrain Basin.
(a) Establishment of restoration program.
(b) Purpose.
(c) Duties.
(d) Grants.
(e) Definitions.
(f) Authorization of appropriations.
1274. Wet weather watershed pilot projects.
(a) In general.
(b) Administration.
(c) Funding.
(d) Report to Congress.

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
1281. Congressional declaration of purpose.
(a) Development and implementation of waste
treatment management plans and practices.
(b) Application of technology: confined disposal of
pollutants; consideration of advanced
techniques.
(c) Waste treatment management area and scope.
(d) Waste treatment management construction of
revenue producing facilities.
(e) Waste treatment management integration of
facilities.
(f) Waste treatment management "open space" and
recreational considerations.
(g) Grants to construct publicly owned treatment
works.
(h) Grants to construct privately owned treatment
works.
(i) Waste treatment management methods, processes,
and techniques to reduce energy requirements.
(j) Grants for treatment works utilizing processes
and techniques of guidelines under section
1314(d)(3) of this title.
(k) Limitation on use of grants for publicly owned
treatment works.
(l) Grants for facility plans, or plans,
specifications, and estimates for proposed
project for construction of treatment works;
limitations, allotments, advances, etc.
(m) Grants for State of California projects.
(n) Water quality problems; funds, scope, etc.
(o) Capital financing plan.
(p) Time limit on resolving certain disputes.
1281a. Total treatment system funding.
1281b. Availability of Farmers Home Administration funds for
non-Federal share.
1282. Federal share.
(a) Amount of grants for treatment works.
(b) Amount of grants for construction of treatment
works not commenced prior to July 1, 1971.
(c) Availability of sums allotted to Puerto Rico.
1283. Plans, specifications, estimates, and payments.
(a) Submission; contractual nature of approval by
Administrator; agreement on eligible costs;
single grant.
(b) Periodic payments.
(c) Final payments.
(d) Projects eligible.
(e) Technical and legal assistance in
administration and enforcement of contracts;
intervention in civil actions.
(f) Design/build projects.
1284. Limitations and conditions.
(a) Determinations by Administrator.
(b) Additional determinations; issuance of
guidelines; approval by Administrator; system
of charges.
(c) Applicability of reserve capacity restrictions
to primary, secondary, or advanced waste
treatment facilities or related interceptors.
(d) Engineering requirements; certification by
owner and operator; contractual assurances,
etc.
1285. Allotment of grant funds.
(a) Funds for fiscal years during period June 30,
1972, and September 30, 1977; determination of
amount.
(b) Availability and use of funds allotted for
fiscal years during period June 30, 1972, and
September 30, 1977; reallotment.
(c) Funds for fiscal years during period October 1,
1977, and September 30, 1981; funds for fiscal
years 1982 to 1990; determination of amount.
(d) Availability and use of funds; reallotment.
(e) Minimum allotment; additional appropriations;
ratio of amount available.
(f) Omitted.
(g) Reservation of funds; State management
assistance.
(h) Alternate systems for small communities.
(i) Set-aside for innovative and alternative
projects.
(j) Water quality management plan; reservation of
funds for nonpoint source management.
(k) New York City Convention Center.
(l) Marine estuary reservation.
(m) Discretionary deposits into State water
pollution control revolving funds.
1286. Reimbursement and advanced construction.
(a) Publicly owned treatment works construction
initiated after June 30, 1966, but before July
1, 1973; reimbursement formula.
(b) Publicly owned treatment works construction
initiated between June 30, 1956, and June 30,
1966; reimbursement formula.
(c) Application for reimbursement.
(d) Allocation of funds.
(e) Authorization of appropriations.
(f) Additional funds.
1287. Authorization of appropriations.
1288. Areawide waste treatment management.
(a) Identification and designation of areas having
substantial water quality control problems.
(b) Planning process.
(c) Regional operating agencies.
(d) Conformity of works with area plan.
(e) Permits not to conflict with approved plans.
(f) Grants.
(g) Technical assistance by Administrator.
(h) Technical assistance by Secretary of the Army.
(i) State best management practices program.
(j) Agricultural cost sharing.
1289. Basin planning.
(a) Preparation of Level B plans.
(b) Reporting requirements.
(c) Authorization of appropriations.
1290. Annual survey.
1291. Sewage collection systems.
(a) Existing and new systems.
(b) Use of population density as test.
(c) Pollutant discharges from separate storm sewer
systems.
1292. Definitions.
1293. Loan guarantees.
(a) State or local obligations issued exclusively
to Federal Financing Bank for publicly owned
treatment works; determination of eligibility
of project by Administrator.
(b) Conditions for issuance.
(c) Fees for application investigation and issuance
of commitment guarantee.
(d) Commitment for repayment.
1293a. Contained spoil disposal facilities.
(a) Construction, operation, and maintenance;
period; conditions; requirements.
(b) Time for establishment; consideration of area
needs; requirements.
(c) Written agreement requirement; terms of
agreement.
(d) Waiver of construction costs contribution from
non-Federal interests; findings of
participation in waste treatment facilities
for general geographical area and compliance
with water quality standards; waiver of
payments in event of written agreement before
occurrence of findings.
(e) Federal payment of costs for disposal of
dredged spoil from project.
(f) Title to lands, easements, and rights-of-way;
retention by non-Federal interests; conveyance
of facilities; agreement of transferee.
(g) Federal licenses or permits; charges; remission
of charge.
(h) Provisions applicable to Great Lakes and their
connecting channels.
(i) Research, study, and experimentation program
relating to dredged spoil extended to
navigable waters, etc.; cooperative program;
scope of program; utilization of facilities
and personnel of Federal agency.
(j) Period for depositing dredged materials.
(k) Study and monitoring program.
1294. Public information and education on recycling and
reuse of wastewater, use of land treatment, and
reduction of wastewater volume.
1295. Requirements for American materials.
1296. Determination of priority of projects.
1297. Guidelines for cost-effectiveness analysis.
1298. Cost effectiveness.
(a) Congressional statement of policy.
(b) Determination by Administrator as prerequisite
to approval of grant.
(c) Value engineering review.
(d) Projects affected.
1299. State certification of projects.
1300. Pilot program for alternative water source projects.
(a) Policy.
(b) In general.
(c) Eligible entity.
(d) Selection of projects.
(e) Committee resolution procedure.
(f) Uses of grants.
(g) Cost sharing.
(h) Reports.
(i) Definitions.
(j) Authorization of appropriations.
1301. Sewer overflow control grants.
(a) In general.
(b) Prioritization.
(c) Financially distressed community.
(d) Cost-sharing.
(e) Administrative reporting requirements.
(f) Authorization of appropriations.
(g) Allocation of funds.
(h) Administrative expenses.
(i) Reports.

SUBCHAPTER III - STANDARDS AND ENFORCEMENT
1311. Effluent limitations.
(a) Illegality of pollutant discharges except in
compliance with law.
(b) Timetable for achievement of objectives.
(c) Modification of timetable.
(d) Review and revision of effluent limitations.
(e) All point discharge source application of
effluent limitations.
(f) Illegality of discharge of radiological,
chemical, or biological warfare agents,
high-level radioactive waste, or medical
waste.
(g) Modifications for certain nonconventional
pollutants.
(h) Modification of secondary treatment
requirements.
(i) Municipal time extensions.
(j) Modification procedures.
(k) Innovative technology.
(l) Toxic pollutants.
(m) Modification of effluent limitation
requirements for point sources.
(n) Fundamentally different factors.
(o) Application fees.
(p) Modified permit for coal remining operations.
1312. Water quality related effluent limitations.
(a) Establishment.
(b) Modifications of effluent limitations.
(c) Delay in application of other limitations.
1313. Water quality standards and implementation plans.
(a) Existing water quality standards.
(b) Proposed regulations.
(c) Review; revised standards; publication.
(d) Identification of areas with insufficient
controls; maximum daily load; certain effluent
limitations revision.
(e) Continuing planning process.
(f) Earlier compliance.
(g) Heat standards.
(h) Thermal water quality standards.
(i) Coastal recreation water quality criteria.
1313a. Revised water quality standards.
1314. Information and guidelines
(a) Criteria development and publication.
(b) Effluent limitation guidelines.
(c) Pollution discharge elimination procedures.
(d) Secondary treatment information; alternative
waste treatment management techniques;
innovative and alternative wastewater
treatment processes; facilities deemed
equivalent of secondary treatment.
(e) Best management practices for industry.
(f) Identification and evaluation of nonpoint
sources of pollution; processes, procedures,
and methods to control pollution.
(g) Guidelines for pretreatment of pollutants.
(h) Test procedures guidelines.
(i) Guidelines for monitoring, reporting,
enforcement, funding, personnel, and manpower.
(j) Lake restoration guidance manual.
(k) Agreements with Secretaries of Agriculture,
Army, and the Interior to provide maximum
utilization of programs to achieve and
maintain water quality; transfer of funds;
authorization of appropriations.
(l) Individual control strategies for toxic
pollutants.
(m) Schedule for review of guidelines.
1315. State reports on water quality.
1316. National standards of performance.
(a) Definitions.
(b) Categories of sources; Federal standards of
performance for new sources.
(c) State enforcement of standards of performance.
(d) Protection from more stringent standards.
(e) Illegality of operation of new sources in
violation of applicable standards of
performance.
1317. Toxic and pretreatment effluent standards.
(a) Toxic pollutant list; revision; hearing;
promulgation of standards; effective date;
consultation.
(b) Pretreatment standards; hearing; promulgation;
compliance period; revision; application to
State and local laws.
(c) New sources of pollutants into publicly owned
treatment works.
(d) Operation in violation of standards unlawful.
(e) Compliance date extension for innovative
pretreatment systems.
1318. Records and reports; inspections.
(a) Maintenance; monitoring equipment; entry;
access to information.
(b) Availability to public; trade secrets
exception; penalty for disclosure of
confidential information.
(c) Application of State law.
(d) Access by Congress.
1319. Enforcement.
(a) State enforcement; compliance orders.
(b) Civil actions.
(c) Criminal penalties.
(d) Civil penalties; factors considered in
determining amount.
(e) State liability for judgments and expenses.
(f) Wrongful introduction of pollutant into
treatment works.
(g) Administrative penalties.
1320. International pollution abatement.
(a) Hearing; participation by foreign nations.
(b) Functions and responsibilities of Administrator
not affected.
(c) Hearing board; composition; findings of fact;
recommendations; implementation of board's
decision.
(d) Report by alleged polluter.
(e) Compensation of board members.
(f) Enforcement proceedings.
1321. Oil and hazardous substance liability.
(a) Definitions.
(b) Congressional declaration of policy against
discharges of oil or hazardous substances;
designation of hazardous substances; study of
higher standard of care incentives and report
to Congress; liability; penalties; civil
actions: penalty limitations, separate
offenses, jurisdiction, mitigation of damages
and costs, recovery of removal costs,
alternative remedies, and withholding
clearance of vessels.
(c) Federal removal authority.
(d) National Contingency Plan.
(e) Civil enforcement.
(f) Liability for actual costs of removal.
(g) Third party liability.
(h) Rights against third parties who caused or
contributed to discharge.
(i) Recovery of removal costs.
(j) National Response System.
(k) Repealed.
(l) Administration.
(m) Administrative provisions.
(n) Jurisdiction.
(o) Obligation for damages unaffected; local
authority not preempted; existing Federal
authority not modified or affected.
(p) Repealed.
(q) Establishment of maximum limit of liability
with respect to onshore or offshore
facilities.
(r) Liability limitations not to limit liability
under other legislation.
(s) Oil Spill Liability Trust Fund.
1322. Marine sanitation devices.
(a) Definitions.
(b) Federal standards of performance.
(c) Initial standards; effective dates; revision;
waiver.
(d) Vessels owned and operated by the United
States.
(e) Pre-promulgation consultation.
(f) Regulation by States or political subdivisions
thereof; complete prohibition upon discharge
of sewage.
(g) Sales limited to certified devices;
certification of test device; recordkeeping;
reports.
(h) Sale and resale of properly equipped vessels;
operability of certified marine sanitation
devices.
(i) Jurisdiction to restrain violations; contempts.
(j) Penalties.
(k) Enforcement authority.
(l) Boarding and inspection of vessels; execution
of warrants and other process.
(m) Enforcement in United States possessions.
(n) Uniform national discharge standards for
vessels of Armed Forces.
1323. Federal facilities pollution control.
1324. Clean lakes.
(a) Establishment and scope of program.
(b) Financial assistance to States.
(c) Maximum amount of grant; authorization of
appropriations.
(d) Demonstration program.
1325. National Study Commission.
(a) Establishment.
(b) Membership; chairman.
(c) Contract authority.
(d) Cooperation of departments, agencies, and
instrumentalities of executive branch.
(e) Report to Congress.
(f) Compensation and allowances.
(g) Appointment of personnel.
(h) Authorization of appropriation.
1326. Thermal discharges.
(a) Effluent limitations that will assure
protection and propagation of balanced,
indigenous population of shellfish, fish, and
wildlife.
(b) Cooling water intake structures.
(c) Period of protection from more stringent
effluent limitations following discharge point
source modification commenced after October
18, 1972.
1327. Omitted.
1328. Aquaculture.
(a) Authority to permit discharge of specific
pollutants.
(b) Procedures and guidelines.
(c) State administration.
1329. Nonpoint source management programs.
(a) State assessment reports.
(b) State management programs.
(c) Administrative provisions.
(d) Approval or disapproval of reports and
management programs.
(e) Local management programs; technical
assistance.
(f) Technical assistance for States.
(g) Interstate management conference.
(h) Grant program.
(i) Grants for protecting groundwater quality.
(j) Authorization of appropriations.
(k) Consistency of other programs and projects with
management programs.
(l) Collection of information.
(m) Reports of Administrator.
(n) Set aside for administrative personnel.
1330. National estuary program.
(a) Management conference.
(b) Purposes of conference.
(c) Members of conference.
(d) Utilization of existing data.
(e) Period of conference.
(f) Approval and implementation of plans.
(g) Grants.
(h) Grant reporting.
(i) Authorization of appropriations.
(j) Research.
(k) Definitions.

SUBCHAPTER IV - PERMITS AND LICENSES
1341. Certification.
(a) Compliance with applicable requirements;
application; procedures; license suspension.
(b) Compliance with other provisions of law setting
applicable water quality requirements.
(c) Authority of Secretary of the Army to permit
use of spoil disposal areas by Federal
licensees or permittees.
(d) Limitations and monitoring requirements of
certification.
1342. National pollutant discharge elimination system.
(a) Permits for discharge of pollutants.
(b) State permit programs.
(c) Suspension of Federal program upon submission
of State program; withdrawal of approval of
State program; return of State program to
Administrator.
(d) Notification of Administrator.
(e) Waiver of notification requirement.
(f) Point source categories.
(g) Other regulations for safe transportation,
handling, carriage, storage, and stowage of
pollutants.
(h) Violation of permit conditions; restriction or
prohibition upon introduction of pollutant by
source not previously utilizing treatment
works.
(i) Federal enforcement not limited.
(j) Public information.
(k) Compliance with permits.
(l) Limitation on permit requirement.
(m) Additional pretreatment of conventional
pollutants not required.
(n) Partial permit program.
(o) Anti-backsliding.
(p) Municipal and industrial stormwater discharges.
(q) Combined sewer overflows.
1343. Ocean discharge criteria.
(a) Issuance of permits.
(b) Waiver.
(c) Guidelines for determining degradation of
waters.
1344. Permits for dredged or fill material.
(a) Discharge into navigable waters at specified
disposal sites.
(b) Specification for disposal sites.
(c) Denial or restriction of use of defined areas
as disposal sites.
(d) "Secretary" defined.
(e) General permits on State, regional, or
nationwide basis.
(f) Non-prohibited discharge of dredged or fill
material.
(g) State administration.
(h) Determination of State's authority to issue
permits under State program; approval;notification; transfers to State program. (continued)