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(continued)
(3) Geographical distribution
Alternative water source projects selected by the Administrator
under this section shall reflect a variety of geographical and
environmental conditions.
(e) Committee resolution procedure
(1) In general
No appropriation shall be made for any alternative water source
project under this section, the total Federal cost of which
exceeds $3,000,000, if such project has not been approved by a
resolution adopted by the Committee on Transportation and
Infrastructure of the House of Representatives or the Committee
on Environment and Public Works of the Senate.
(2) Requirements for securing consideration
For purposes of securing consideration of approval under
paragraph (1), the Administrator shall provide to a committee
referred to in paragraph (1) such information as the committee
requests and the non-Federal sponsor shall provide to the
committee information on the costs and relative needs for the
alternative water source project.
(f) Uses of grants
Amounts from grants received under this section may be used for
engineering, design, construction, and final testing of alternative
water source projects designed to meet critical water supply needs.
Such amounts may not be used for planning, feasibility studies or
for operation, maintenance, replacement, repair, or rehabilitation.
(g) Cost sharing
The Federal share of the eligible costs of an alternative water
source project carried out using assistance made available under
this section shall not exceed 50 percent.
(h) Reports
On or before September 30, 2004, the Administrator shall transmit
to Congress a report on the results of the pilot program
established under this section, including progress made toward
meeting the critical water supply needs of the participants in the
pilot program.
(i) Definitions
In this section, the following definitions apply:
(1) Alternative water source project
The term "alternative water source project" means a project
designed to provide municipal, industrial, and agricultural water
supplies in an environmentally sustainable manner by conserving,
managing, reclaiming, or reusing water or wastewater or by
treating wastewater. Such term does not include water treatment
or distribution facilities.
(2) Critical water supply needs
The term "critical water supply needs" means existing or
reasonably anticipated future water supply needs that cannot be
met by existing water supplies, as identified in a comprehensive
statewide or regional water supply plan or assessment projected
over a planning period of at least 20 years.
(j) Authorization of appropriations
There is authorized to be appropriated to carry out this section
a total of $75,000,000 for fiscal years 2002 through 2004. Such
sums shall remain available until expended.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 220, as added Pub. L.
106-457, title VI, Sec. 602, Nov. 7, 2000, 114 Stat. 1975.)

-REFTEXT-
REFERENCES IN TEXT
The Reclamation Projects Authorization and Adjustment Act of
1992, referred to in subsec. (d)(1), (2), is Pub. L. 102-575, Oct.
30, 1992, 106 Stat. 4600, as amended. Provisions relating to the
reclamation and reuse program are classified generally to section
390h et seq. of Title 43, Public Lands. For complete classification
of this Act to the Code, see Short Title of 1992 Amendment note set
out under section 371 of Title 43 and Tables.

-End-



-CITE-
33 USC Sec. 1301 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1301. Sewer overflow control grants

-STATUTE-
(a) In general
In any fiscal year in which the Administrator has available for
obligation at least $1,350,000,000 for the purposes of section 1381
of this title -
(1) the Administrator may make grants to States for the purpose
of providing grants to a municipality or municipal entity for
planning, design, and construction of treatment works to
intercept, transport, control, or treat municipal combined sewer
overflows and sanitary sewer overflows; and
(2) subject to subsection (g) of this section, the
Administrator may make a direct grant to a municipality or
municipal entity for the purposes described in paragraph (1).
(b) Prioritization
In selecting from among municipalities applying for grants under
subsection (a) of this section, a State or the Administrator shall
give priority to an applicant that -
(1) is a municipality that is a financially distressed
community under subsection (c) of this section;
(2) has implemented or is complying with an implementation
schedule for the nine minimum controls specified in the CSO
control policy referred to in section 1342(q)(1) of this title
and has begun implementing a long-term municipal combined sewer
overflow control plan or a separate sanitary sewer overflow
control plan;
(3) is requesting a grant for a project that is on a State's
intended use plan pursuant to section 1386(c) of this title; or
(4) is an Alaska Native Village.
(c) Financially distressed community
(1) Definition
In subsection (b) of this section, the term "financially
distressed community" means a community that meets affordability
criteria established by the State in which the community is
located, if such criteria are developed after public review and
comment.
(2) Consideration of impact on water and sewer rates
In determining if a community is a distressed community for the
purposes of subsection (b) of this section, the State shall
consider, among other factors, the extent to which the rate of
growth of a community's tax base has been historically slow such
that implementing a plan described in subsection (b)(2) of this
section would result in a significant increase in any water or
sewer rate charged by the community's publicly owned wastewater
treatment facility.
(3) Information to assist States
The Administrator may publish information to assist States in
establishing affordability criteria under paragraph (1).
(d) Cost-sharing
The Federal share of the cost of activities carried out using
amounts from a grant made under subsection (a) of this section
shall be not less than 55 percent of the cost. The non-Federal
share of the cost may include, in any amount, public and private
funds and in-kind services, and may include, notwithstanding
section 1383(h) of this title, financial assistance, including
loans, from a State water pollution control revolving fund.
(e) Administrative reporting requirements
If a project receives grant assistance under subsection (a) of
this section and loan assistance from a State water pollution
control revolving fund and the loan assistance is for 15 percent or
more of the cost of the project, the project may be administered in
accordance with State water pollution control revolving fund
administrative reporting requirements for the purposes of
streamlining such requirements.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$750,000,000 for each of fiscal years 2002 and 2003. Such sums
shall remain available until expended.
(g) Allocation of funds
(1) Fiscal year 2002
Subject to subsection (h) of this section, the Administrator
shall use the amounts appropriated to carry out this section for
fiscal year 2002 for making grants to municipalities and
municipal entities under subsection (a)(2) of this section, in
accordance with the criteria set forth in subsection (b) of this
section.
(2) Fiscal year 2003
Subject to subsection (h) of this section, the Administrator
shall use the amounts appropriated to carry out this section for
fiscal year 2003 as follows:
(A) Not to exceed $250,000,000 for making grants to
municipalities and municipal entities under subsection (a)(2)
of this section, in accordance with the criteria set forth in
subsection (b) of this section.
(B) All remaining amounts for making grants to States under
subsection (a)(1) of this section, in accordance with a formula
to be established by the Administrator, after providing notice
and an opportunity for public comment, that allocates to each
State a proportional share of such amounts based on the total
needs of the State for municipal combined sewer overflow
controls and sanitary sewer overflow controls identified in the
most recent survey conducted pursuant to section 1375(b)(1) of
this title.
(h) Administrative expenses
Of the amounts appropriated to carry out this section for each
fiscal year -
(1) the Administrator may retain an amount not to exceed 1
percent for the reasonable and necessary costs of administering
this section; and
(2) the Administrator, or a State, may retain an amount not to
exceed 4 percent of any grant made to a municipality or municipal
entity under subsection (a) of this section, for the reasonable
and necessary costs of administering the grant.
(i) Reports
Not later than December 31, 2003, and periodically thereafter,
the Administrator shall transmit to Congress a report containing
recommended funding levels for grants under this section. The
recommended funding levels shall be sufficient to ensure the
continued expeditious implementation of municipal combined sewer
overflow and sanitary sewer overflow controls nationwide.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 221, as added Pub. L.
106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(c)], Dec. 21,
2000, 114 Stat. 2763, 2763A-225.)


-MISC1-
INFORMATION ON CSOS AND SSOS
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(d)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-227, provided that:
"(1) Report to congress. - Not later than 3 years after the date
of enactment of this Act [Dec. 21, 2000], the Administrator of the
Environmental Protection Agency shall transmit to Congress a report
summarizing -
"(A) the extent of the human health and environmental impacts
caused by municipal combined sewer overflows and sanitary sewer
overflows, including the location of discharges causing such
impacts, the volume of pollutants discharged, and the
constituents discharged;
"(B) the resources spent by municipalities to address these
impacts; and
"(C) an evaluation of the technologies used by municipalities
to address these impacts.
"(2) Technology clearinghouse. - After transmitting a report
under paragraph (1), the Administrator shall maintain a
clearinghouse of cost-effective and efficient technologies for
addressing human health and environmental impacts due to municipal
combined sewer overflows and sanitary sewer overflows."

-End-


-CITE-
33 USC SUBCHAPTER III - STANDARDS AND ENFORCEMENT 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-
SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1386, 2803 of this
title.

-End-



-CITE-
33 USC Sec. 1311 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-
Sec. 1311. Effluent limitations

-STATUTE-
(a) Illegality of pollutant discharges except in compliance with
law
Except as in compliance with this section and sections 1312,
1316, 1317, 1328, 1342, and 1344 of this title, the discharge of
any pollutant by any person shall be unlawful.
(b) Timetable for achievement of objectives
In order to carry out the objective of this chapter there shall
be achieved -
(1)(A) not later than July 1, 1977, effluent limitations for
point sources, other than publicly owned treatment works, (i)
which shall require the application of the best practicable
control technology currently available as defined by the
Administrator pursuant to section 1314(b) of this title, or (ii)
in the case of a discharge into a publicly owned treatment works
which meets the requirements of subparagraph (B) of this
paragraph, which shall require compliance with any applicable
pretreatment requirements and any requirements under section 1317
of this title; and
(B) for publicly owned treatment works in existence on July 1,
1977, or approved pursuant to section 1283 of this title prior to
June 30, 1974 (for which construction must be completed within
four years of approval), effluent limitations based upon
secondary treatment as defined by the Administrator pursuant to
section 1314(d)(1) of this title; or,
(C) not later than July 1, 1977, any more stringent limitation,
including those necessary to meet water quality standards,
treatment standards, or schedules of compliance, established
pursuant to any State law or regulations (under authority
preserved by section 1370 of this title) or any other Federal law
or regulation, or required to implement any applicable water
quality standard established pursuant to this chapter.
(2)(A) for pollutants identified in subparagraphs (C), (D), and
(F) of this paragraph, effluent limitations for categories and
classes of point sources, other than publicly owned treatment
works, which (i) shall require application of the best available
technology economically achievable for such category or class,
which will result in reasonable further progress toward the
national goal of eliminating the discharge of all pollutants, as
determined in accordance with regulations issued by the
Administrator pursuant to section 1314(b)(2) of this title, which
such effluent limitations shall require the elimination of
discharges of all pollutants if the Administrator finds, on the
basis of information available to him (including information
developed pursuant to section 1325 of this title), that such
elimination is technologically and economically achievable for a
category or class of point sources as determined in accordance
with regulations issued by the Administrator pursuant to section
1314(b)(2) of this title, or (ii) in the case of the introduction
of a pollutant into a publicly owned treatment works which meets
the requirements of subparagraph (B) of this paragraph, shall
require compliance with any applicable pretreatment requirements
and any other requirement under section 1317 of this title;
(B) Repealed. Pub. L. 97-117, Sec. 21(b), Dec. 29, 1981, 95
Stat. 1632.
(C) with respect to all toxic pollutants referred to in table 1
of Committee Print Numbered 95-30 of the Committee on Public
Works and Transportation of the House of Representatives
compliance with effluent limitations in accordance with
subparagraph (A) of this paragraph as expeditiously as
practicable but in no case later than three years after the date
such limitations are promulgated under section 1314(b) of this
title, and in no case later than March 31, 1989;
(D) for all toxic pollutants listed under paragraph (1) of
subsection (a) of section 1317 of this title which are not
referred to in subparagraph (C) of this paragraph compliance with
effluent limitations in accordance with subparagraph (A) of this
paragraph as expeditiously as practicable, but in no case later
than three years after the date such limitations are promulgated
under section 1314(b) of this title, and in no case later than
March 31, 1989;
(E) as expeditiously as practicable but in no case later than
three years after the date such limitations are promulgated under
section 1314(b) of this title, and in no case later than March
31, 1989, compliance with effluent limitations for categories and
classes of point sources, other than publicly owned treatment
works, which in the case of pollutants identified pursuant to
section 1314(a)(4) of this title shall require application of the
best conventional pollutant control technology as determined in
accordance with regulations issued by the Administrator pursuant
to section 1314(b)(4) of this title; and
(F) for all pollutants (other than those subject to
subparagraphs (C), (D), or (E) of this paragraph) compliance with
effluent limitations in accordance with subparagraph (A) of this
paragraph as expeditiously as practicable but in no case later
than 3 years after the date such limitations are established, and
in no case later than March 31, 1989.
(3)(A) for effluent limitations under paragraph (1)(A)(i) of
this subsection promulgated after January 1, 1982, and requiring
a level of control substantially greater or based on
fundamentally different control technology than under permits for
an industrial category issued before such date, compliance as
expeditiously as practicable but in no case later than three
years after the date such limitations are promulgated under
section 1314(b) of this title, and in no case later than March
31, 1989; and
(B) for any effluent limitation in accordance with paragraph
(1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established
only on the basis of section 1342(a)(1) of this title in a permit
issued after February 4, 1987, compliance as expeditiously as
practicable but in no case later than three years after the date
such limitations are established, and in no case later than March
31, 1989.
(c) Modification of timetable
The Administrator may modify the requirements of subsection
(b)(2)(A) of this section with respect to any point source for
which a permit application is filed after July 1, 1977, upon a
showing by the owner or operator of such point source satisfactory
to the Administrator that such modified requirements (1) will
represent the maximum use of technology within the economic
capability of the owner or operator; and (2) will result in
reasonable further progress toward the elimination of the discharge
of pollutants.
(d) Review and revision of effluent limitations
Any effluent limitation required by paragraph (2) of subsection
(b) of this section shall be reviewed at least every five years
and, if appropriate, revised pursuant to the procedure established
under such paragraph.
(e) All point discharge source application of effluent limitations
Effluent limitations established pursuant to this section or
section 1312 of this title shall be applied to all point sources of
discharge of pollutants in accordance with the provisions of this
chapter.
(f) Illegality of discharge of radiological, chemical, or
biological warfare agents, high-level radioactive waste, or
medical waste
Notwithstanding any other provisions of this chapter it shall be
unlawful to discharge any radiological, chemical, or biological
warfare agent, any high-level radioactive waste, or any medical
waste, into the navigable waters.
(g) Modifications for certain nonconventional pollutants
(1) General authority
The Administrator, with the concurrence of the State, may
modify the requirements of subsection (b)(2)(A) of this section
with respect to the discharge from any point source of ammonia,
chlorine, color, iron, and total phenols (4AAP) (when determined
by the Administrator to be a pollutant covered by subsection
(b)(2)(F) of this section) and any other pollutant which the
Administrator lists under paragraph (4) of this subsection.
(2) Requirements for granting modifications
A modification under this subsection shall be granted only upon
a showing by the owner or operator of a point source satisfactory
to the Administrator that -
(A) such modified requirements will result at a minimum in
compliance with the requirements of subsection (b)(1)(A) or (C)
of this section, whichever is applicable;
(B) such modified requirements will not result in any
additional requirements on any other point or nonpoint source;
and
(C) such modification will not interfere with the attainment
or maintenance of that water quality which shall assure
protection of public water supplies, and the protection and
propagation of a balanced population of shellfish, fish, and
wildlife, and allow recreational activities, in and on the
water and such modification will not result in the discharge of
pollutants in quantities which may reasonably be anticipated to
pose an unacceptable risk to human health or the environment
because of bioaccumulation, persistency in the environment,
acute toxicity, chronic toxicity (including carcinogenicity,
mutagenicity or teratogenicity), or synergistic propensities.
(3) Limitation on authority to apply for subsection (c)
modification
If an owner or operator of a point source applies for a
modification under this subsection with respect to the discharge
of any pollutant, such owner or operator shall be eligible to
apply for modification under subsection (c) of this section with
respect to such pollutant only during the same time period as he
is eligible to apply for a modification under this subsection.
(4) Procedures for listing additional pollutants
(A) General authority
Upon petition of any person, the Administrator may add any
pollutant to the list of pollutants for which modification
under this section is authorized (except for pollutants
identified pursuant to section 1314(a)(4) of this title, toxic
pollutants subject to section 1317(a) of this title, and the
thermal component of discharges) in accordance with the
provisions of this paragraph.
(B) Requirements for listing
(i) Sufficient information
The person petitioning for listing of an additional
pollutant under this subsection shall submit to the
Administrator sufficient information to make the
determinations required by this subparagraph.
(ii) Toxic criteria determination
The Administrator shall determine whether or not the
pollutant meets the criteria for listing as a toxic pollutant
under section 1317(a) of this title.
(iii) Listing as toxic pollutant
If the Administrator determines that the pollutant meets
the criteria for listing as a toxic pollutant under section
1317(a) of this title, the Administrator shall list the
pollutant as a toxic pollutant under section 1317(a) of this
title.
(iv) Nonconventional criteria determination
If the Administrator determines that the pollutant does not
meet the criteria for listing as a toxic pollutant under such
section and determines that adequate test methods and
sufficient data are available to make the determinations
required by paragraph (2) of this subsection with respect to
the pollutant, the Administrator shall add the pollutant to
the list of pollutants specified in paragraph (1) of this
subsection for which modifications are authorized under this
subsection.
(C) Requirements for filing of petitions
A petition for listing of a pollutant under this paragraph -
(i) must be filed not later than 270 days after the date of
promulgation of an applicable effluent guideline under
section 1314 of this title;
(ii) may be filed before promulgation of such guideline;
and
(iii) may be filed with an application for a modification
under paragraph (1) with respect to the discharge of such
pollutant.
(D) Deadline for approval of petition
A decision to add a pollutant to the list of pollutants for
which modifications under this subsection are authorized must
be made within 270 days after the date of promulgation of an
applicable effluent guideline under section 1314 of this title.
(E) Burden of proof
The burden of proof for making the determinations under
subparagraph (B) shall be on the petitioner.
(5) Removal of pollutants
The Administrator may remove any pollutant from the list of
pollutants for which modifications are authorized under this
subsection if the Administrator determines that adequate test
methods and sufficient data are no longer available for
determining whether or not modifications may be granted with
respect to such pollutant under paragraph (2) of this subsection.
(h) Modification of secondary treatment requirements
The Administrator, with the concurrence of the State, may issue a
permit under section 1342 of this title which modifies the
requirements of subsection (b)(1)(B) of this section with respect
to the discharge of any pollutant from a publicly owned treatment
works into marine waters, if the applicant demonstrates to the
satisfaction of the Administrator that -
(1) there is an applicable water quality standard specific to
the pollutant for which the modification is requested, which has
been identified under section 1314(a)(6) of this title;
(2) the discharge of pollutants in accordance with such
modified requirements will not interfere, alone or in combination
with pollutants from other sources, with the attainment or
maintenance of that water quality which assures protection of
public water supplies and the protection and propagation of a
balanced, indigenous population of shellfish, fish, and wildlife,
and allows recreational activities, in and on the water;
(3) the applicant has established a system for monitoring the
impact of such discharge on a representative sample of aquatic
biota, to the extent practicable, and the scope of such
monitoring is limited to include only those scientific
investigations which are necessary to study the effects of the
proposed discharge;
(4) such modified requirements will not result in any
additional requirements on any other point or nonpoint source;
(5) all applicable pretreatment requirements for sources
introducing waste into such treatment works will be enforced;
(6) in the case of any treatment works serving a population of
50,000 or more, with respect to any toxic pollutant introduced
into such works by an industrial discharger for which pollutant
there is no applicable pretreatment requirement in effect,
sources introducing waste into such works are in compliance with
all applicable pretreatment requirements, the applicant will
enforce such requirements, and the applicant has in effect a
pretreatment program which, in combination with the treatment of
discharges from such works, removes the same amount of such
pollutant as would be removed if such works were to apply
secondary treatment to discharges and if such works had no
pretreatment program with respect to such pollutant;
(7) to the extent practicable, the applicant has established a
schedule of activities designed to eliminate the entrance of
toxic pollutants from nonindustrial sources into such treatment
works;
(8) there will be no new or substantially increased discharges
from the point source of the pollutant to which the modification
applies above that volume of discharge specified in the permit;
(9) the applicant at the time such modification becomes
effective will be discharging effluent which has received at
least primary or equivalent treatment and which meets the
criteria established under section 1314(a)(1) of this title after
initial mixing in the waters surrounding or adjacent to the point
at which such effluent is discharged.

For the purposes of this subsection the phrase "the discharge of
any pollutant into marine waters" refers to a discharge into deep
waters of the territorial sea or the waters of the contiguous zone,
or into saline estuarine waters where there is strong tidal
movement and other hydrological and geological characteristics
which the Administrator determines necessary to allow compliance
with paragraph (2) of this subsection, and section 1251(a)(2) of
this title. For the purposes of paragraph (9), "primary or
equivalent treatment" means treatment by screening, sedimentation,
and skimming adequate to remove at least 30 percent of the
biological oxygen demanding material and of the suspended solids in
the treatment works influent, and disinfection, where appropriate.
A municipality which applies secondary treatment shall be eligible
to receive a permit pursuant to this subsection which modifies the
requirements of subsection (b)(1)(B) of this section with respect
to the discharge of any pollutant from any treatment works owned by
such municipality into marine waters. No permit issued under this
subsection shall authorize the discharge of sewage sludge into
marine waters. In order for a permit to be issued under this
subsection for the discharge of a pollutant into marine waters,
such marine waters must exhibit characteristics assuring that water
providing dilution does not contain significant amounts of
previously discharged effluent from such treatment works. No permit
issued under this subsection shall authorize the discharge of any
pollutant into saline estuarine waters which at the time of
application do not support a balanced indigenous population of
shellfish, fish and wildlife, or allow recreation in and on the
waters or which exhibit ambient water quality below applicable
water quality standards adopted for the protection of public water
supplies, shellfish, fish and wildlife or recreational activities
or such other standards necessary to assure support and protection
of such uses. The prohibition contained in the preceding sentence
shall apply without regard to the presence or absence of a causal
relationship between such characteristics and the applicant's
current or proposed discharge. Notwithstanding any other provisions
of this subsection, no permit may be issued under this subsection
for discharge of a pollutant into the New York Bight Apex
consisting of the ocean waters of the Atlantic Ocean westward of 73
degrees 30 minutes west longitude and northward of 40 degrees 10
minutes north latitude.
(i) Municipal time extensions
(1) Where construction is required in order for a planned or
existing publicly owned treatment works to achieve limitations
under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A)
construction cannot be completed within the time required in such
subsection, or (B) the United States has failed to make financial
assistance under this chapter available in time to achieve such
limitations by the time specified in such subsection, the owner or
operator of such treatment works may request the Administrator (or
if appropriate the State) to issue a permit pursuant to section
1342 of this title or to modify a permit issued pursuant to that
section to extend such time for compliance. Any such request shall
be filed with the Administrator (or if appropriate the State)
within 180 days after February 4, 1987. The Administrator (or if
appropriate the State) may grant such request and issue or modify
such a permit, which shall contain a schedule of compliance for the
publicly owned treatment works based on the earliest date by which
such financial assistance will be available from the United States
and construction can be completed, but in no event later than July
1, 1988, and shall contain such other terms and conditions,
including those necessary to carry out subsections (b) through (g)
of section 1281 of this title, section 1317 of this title, and such
interim effluent limitations applicable to that treatment works as
the Administrator determines are necessary to carry out the
provisions of this chapter.
(2)(A) Where a point source (other than a publicly owned
treatment works) will not achieve the requirements of subsections
(b)(1)(A) and (b)(1)(C) of this section and -
(i) if a permit issued prior to July 1, 1977, to such point
source is based upon a discharge into a publicly owned treatment
works; or
(ii) if such point source (other than a publicly owned
treatment works) had before July 1, 1977, a contract (enforceable
against such point source) to discharge into a publicly owned
treatment works; or
(iii) if either an application made before July 1, 1977, for a
construction grant under this chapter for a publicly owned
treatment works, or engineering or architectural plans or working
drawings made before July 1, 1977, for a publicly owned treatment
works, show that such point source was to discharge into such
publicly owned treatment works,

and such publicly owned treatment works is presently unable to
accept such discharge without construction, and in the case of a
discharge to an existing publicly owned treatment works, such
treatment works has an extension pursuant to paragraph (1) of this
subsection, the owner or operator of such point source may request
the Administrator (or if appropriate the State) to issue or modify
such a permit pursuant to such section 1342 of this title to extend
such time for compliance. Any such request shall be filed with the
Administrator (or if appropriate the State) within 180 days after
December 27, 1977, or the filing of a request by the appropriate
publicly owned treatment works under paragraph (1) of this
subsection, whichever is later. If the Administrator (or if
appropriate the State) finds that the owner or operator of such
point source has acted in good faith, he may grant such request and
issue or modify such a permit, which shall contain a schedule of
compliance for the point source to achieve the requirements of
subsections (b)(1)(A) and (C) of this section and shall contain
such other terms and conditions, including pretreatment and interim
effluent limitations and water conservation requirements applicable
to that point source, as the Administrator determines are necessary
to carry out the provisions of this chapter.
(B) No time modification granted by the Administrator (or if
appropriate the State) pursuant to paragraph (2)(A) of this
subsection shall extend beyond the earliest date practicable for
compliance or beyond the date of any extension granted to the
appropriate publicly owned treatment works pursuant to paragraph
(1) of this subsection, but in no event shall it extend beyond July
1, 1988; and no such time modification shall be granted unless (i)
the publicly owned treatment works will be in operation and
available to the point source before July 1, 1988, and will meet
the requirements of subsections (b)(1)(B) and (C) of this section
after receiving the discharge from that point source; and (ii) the
point source and the publicly owned treatment works have entered
into an enforceable contract requiring the point source to
discharge into the publicly owned treatment works, the owner or
operator of such point source to pay the costs required under
section 1284 of this title, and the publicly owned treatment works
to accept the discharge from the point source; and (iii) the permit
for such point source requires that point source to meet all
requirements under section 1317(a) and (b) of this title during the
period of such time modification.
(j) Modification procedures
(1) Any application filed under this section for a modification
of the provisions of -
(A) subsection (b)(1)(B) of this section under subsection (h)
of this section shall be filed not later that (!1) the 365th day
which begins after December 29, 1981, except that a publicly
owned treatment works which prior to December 31, 1982, had a
contractual arrangement to use a portion of the capacity of an
ocean outfall operated by another publicly owned treatment works
which has applied for or received modification under subsection
(h) of this section, may apply for a modification of subsection
(h) of this section in its own right not later than 30 days after
February 4, 1987, and except as provided in paragraph (5);

(B) subsection (b)(2)(A) of this section as it applies to
pollutants identified in subsection (b)(2)(F) of this section
shall be filed not later than 270 days after the date of
promulgation of an applicable effluent guideline under section
1314 of this title or not later than 270 days after December 27,
1977, whichever is later.

(2) Subject to paragraph (3) of this section, any application for
a modification filed under subsection (g) of this section shall not
operate to stay any requirement under this chapter, unless in the
judgment of the Administrator such a stay or the modification
sought will not result in the discharge of pollutants in quantities
which may reasonably be anticipated to pose an unacceptable risk to
human health or the environment because of bioaccumulation,
persistency in the environment, acute toxicity, chronic toxicity
(including carcinogenicity, mutagenicity, or teratogenicity), or
synergistic propensities, and that there is a substantial
likelihood that the applicant will succeed on the merits of such
application. In the case of an application filed under subsection
(g) of this section, the Administrator may condition any stay
granted under this paragraph on requiring the filing of a bond or
other appropriate security to assure timely compliance with the
requirements from which a modification is sought.
(3) Compliance requirements under subsection (g). -
(A) Effect of filing. - An application for a modification under
subsection (g) of this section and a petition for listing of a
pollutant as a pollutant for which modifications are authorized
under such subsection shall not stay the requirement that the
person seeking such modification or listing comply with effluent
limitations under this chapter for all pollutants not the subject
of such application or petition.
(B) Effect of disapproval. - Disapproval of an application for
a modification under subsection (g) of this section shall not
stay the requirement that the person seeking such modification
comply with all applicable effluent limitations under this
chapter.

(4) Deadline for subsection (g) decision. - An application for a
modification with respect to a pollutant filed under subsection (g)
of this section must be approved or disapproved not later than 365
days after the date of such filing; except that in any case in
which a petition for listing such pollutant as a pollutant for
which modifications are authorized under such subsection is
approved, such application must be approved or disapproved not
later than 365 days after the date of approval of such petition.
(5) Extension of application deadline. -
(A) In general. - In the 180-day period beginning on October
31, 1994, the city of San Diego, California, may apply for a
modification pursuant to subsection (h) of this section of the
requirements of subsection (b)(1)(B) of this section with respect
to biological oxygen demand and total suspended solids in the
effluent discharged into marine waters.
(B) Application. - An application under this paragraph shall
include a commitment by the applicant to implement a waste water
reclamation program that, at a minimum, will -
(i) achieve a system capacity of 45,000,000 gallons of
reclaimed waste water per day by January 1, 2010; and
(ii) result in a reduction in the quantity of suspended
solids discharged by the applicant into the marine environment
during the period of the modification.

(C) Additional conditions. - The Administrator may not grant a
modification pursuant to an application submitted under this
paragraph unless the Administrator determines that such
modification will result in removal of not less than 58 percent
of the biological oxygen demand (on an annual average) and not
less than 80 percent of total suspended solids (on a monthly
average) in the discharge to which the application applies.
(D) Preliminary decision deadline. - The Administrator shall
announce a preliminary decision on an application submitted under
this paragraph not later than 1 year after the date the
application is submitted.
(k) Innovative technology
In the case of any facility subject to a permit under section
1342 of this title which proposes to comply with the requirements
of subsection (b)(2)(A) or (b)(2)(E) of this section by replacing
existing production capacity with an innovative production process
which will result in an effluent reduction significantly greater
than that required by the limitation otherwise applicable to such
facility and moves toward the national goal of eliminating the
discharge of all pollutants, or with the installation of an
innovative control technique that has a substantial likelihood for
enabling the facility to comply with the applicable effluent
limitation by achieving a significantly greater effluent reduction
than that required by the applicable effluent limitation and moves
toward the national goal of eliminating the discharge of all
pollutants, or by achieving the required reduction with an
innovative system that has the potential for significantly lower
costs than the systems which have been determined by the
Administrator to be economically achievable, the Administrator (or
the State with an approved program under section 1342 of this
title, in consultation with the Administrator) may establish a date
for compliance under subsection (b)(2)(A) or (b)(2)(E) of this
section no later than two years after the date for compliance with
such effluent limitation which would otherwise be applicable under
such subsection, if it is also determined that such innovative
system has the potential for industrywide application.
(l) Toxic pollutants
Other than as provided in subsection (n) of this section, the
Administrator may not modify any requirement of this section as it
applies to any specific pollutant which is on the toxic pollutant
list under section 1317(a)(1) of this title.
(m) Modification of effluent limitation requirements for point
sources
(1) The Administrator, with the concurrence of the State, may
issue a permit under section 1342 of this title which modifies the
requirements of subsections (b)(1)(A) and (b)(2)(E) of this
section, and of section 1343 of this title, with respect to
effluent limitations to the extent such limitations relate to
biochemical oxygen demand and pH from discharges by an industrial
discharger in such State into deep waters of the territorial seas,
if the applicant demonstrates and the Administrator finds that -
(A) the facility for which modification is sought is covered at
the time of the enactment of this subsection by National
Pollutant Discharge Elimination System permit number CA0005894 or
CA0005282;
(B) the energy and environmental costs of meeting such
requirements of subsections (b)(1)(A) and (b)(2)(E) of this
section and section 1343 of this title exceed by an unreasonable
amount the benefits to be obtained, including the objectives of
this chapter;
(C) the applicant has established a system for monitoring the
impact of such discharges on a representative sample of aquatic
biota;
(D) such modified requirements will not result in any
additional requirements on any other point or nonpoint source;
(E) there will be no new or substantially increased discharges
from the point source of the pollutant to which the modification
applies above that volume of discharge specified in the permit;
(F) the discharge is into waters where there is strong tidal
movement and other hydrological and geological characteristics
which are necessary to allow compliance with this subsection and
section 1251(a)(2) of this title;
(G) the applicant accepts as a condition to the permit a
contractural (!2) obligation to use funds in the amount required
(but not less than $250,000 per year for ten years) for research
and development of water pollution control technology, including
but not limited to closed cycle technology;

(H) the facts and circumstances present a unique situation
which, if relief is granted, will not establish a precedent or
the relaxation of the requirements of this chapter applicable to
similarly situated discharges; and
(I) no owner or operator of a facility comparable to that of
the applicant situated in the United States has demonstrated that
it would be put at a competitive disadvantage to the applicant
(or the parent company or any subsidiary thereof) as a result of
the issuance of a permit under this subsection.

(2) The effluent limitations established under a permit issued
under paragraph (1) shall be sufficient to implement the applicable
State water quality standards, to assure the protection of public
water supplies and protection and propagation of a balanced,
indigenous population of shellfish, fish, fauna, wildlife, and
other aquatic organisms, and to allow recreational activities in
and on the water. In setting such limitations, the Administrator
shall take into account any seasonal variations and the need for an
adequate margin of safety, considering the lack of essential
knowledge concerning the relationship between effluent limitations
and water quality and the lack of essential knowledge of the
effects of discharges on beneficial uses of the receiving waters.
(3) A permit under this subsection may be issued for a period not
to exceed five years, and such a permit may be renewed for one
additional period not to exceed five years upon a demonstration by
the applicant and a finding by the Administrator at the time of
application for any such renewal that the provisions of this
subsection are met.
(4) The Administrator may terminate a permit issued under this
subsection if the Administrator determines that there has been a
decline in ambient water quality of the receiving waters during the
period of the permit even if a direct cause and effect relationship
cannot be shown: Provided, That if the effluent from a source with
a permit issued under this subsection is contributing to a decline
in ambient water quality of the receiving waters, the Administrator
shall terminate such permit.
(n) Fundamentally different factors
(1) General rule
The Administrator, with the concurrence of the State, may
establish an alternative requirement under subsection (b)(2) of
this section or section 1317(b) ofthis title for a facility that (continued)