Loading (50 kb)...'

(continued)
1977 - Subsec. (a). Pub. L. 95-217, Sec. 67(a)(1), substituted
"The Secretary" for "The Secretary of the Army, acting through the
Chief of Engineers," and inserted provision that, not later than
the fifteenth day after the date an applicant submits all the
information required to complete an application for a permit under
this subsection, the Secretary publish the notice required by this
subsection.
Subsecs. (b), (c). Pub. L. 95-217, Sec. 67(a)(2), substituted
"the Secretary" for "the Secretary of the Army".
Subsecs. (d) to (t). Pub. L. 95-217, Sec. 67(b), added subsecs.
(d) to (t).


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Enforcement functions of Administrator or other official of the
Environmental Protection Agency and of Secretary or other official
in Department of the Interior relating to review of the Corps of
Engineers' dredged and fill material permits and such functions of
Secretary of the Army, Chief of Engineers, or other official in
Corps of Engineers of the United States Army relating to compliance
with dredged and fill material permits issued under this section
with respect to pre-construction, construction, and initial
operation of transportation system for Canadian and Alaskan natural
gas were transferred to the Federal Inspector, Office of Federal
Inspector for the Alaska Natural Gas Transportation System, until
the first anniversary of the date of initial operation of the
Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of
1979, Secs. 102(a), (b), (e), 203(a), 44 F.R. 33663, 33666, 93
Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix
to Title 5, Government Organization and Employees. Office of
Federal Inspector for the Alaska Natural Gas Transportation System
abolished and functions and authority vested in Inspector
transferred to Secretary of Energy by section 3012(b) of Pub. L.
102-486, set out as an Abolition of Office of Federal Inspector
note under section 719e of Title 15, Commerce and Trade.


-MISC2-
MITIGATION AND MITIGATION BANKING REGULATIONS
Pub. L. 108-136, div. A, title III, Sec. 314(b), Nov. 24, 2003,
117 Stat. 1431, provided that:
"(1) To ensure opportunities for Federal agency participation in
mitigation banking, the Secretary of the Army, acting through the
Chief of Engineers, shall issue regulations establishing
performance standards and criteria for the use, consistent with
section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344), of on-site, off-site, and in-lieu fee mitigation and
mitigation banking as compensation for lost wetlands functions in
permits issued by the Secretary of the Army under such section. To
the maximum extent practicable, the regulatory standards and
criteria shall maximize available credits and opportunities for
mitigation, provide flexibility for regional variations in wetland
conditions, functions and values, and apply equivalent standards
and criteria to each type of compensatory mitigation.
"(2) Final regulations shall be issued not later than two years
after the date of the enactment of this Act [Nov. 24, 2003]."

REGULATORY PROGRAM
Pub. L. 106-377, Sec. 1(a)(2) [title I], Oct. 27, 2000, 114 Stat.
1441, 1441A-63, provided in part that: "For expenses necessary for
administration of laws pertaining to regulation of navigable waters
and wetlands, $125,000,000, to remain available until expended:
Provided, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use funds appropriated herein to: (1)
by March 1, 2001, supplement the report, Cost Analysis For the 1999
Proposal to Issue and Modify Nationwide Permits, to reflect the
Nationwide Permits actually issued on March 9, 2000, including
changes in the acreage limits, preconstruction notification
requirements and general conditions between the rule proposed on
July 21, 1999, and the rule promulgated and published in the
Federal Register; (2) after consideration of the cost analysis for
the 1999 proposal to issue and modify nationwide permits and the
supplement prepared pursuant to this Act [H.R. 5483, as enacted by
section 1(a)(2) of Pub. L. 106-377, see Tables for classification]
and by September 30, 2001, prepare, submit to Congress and publish
in the Federal Register a Permit Processing Management Plan by
which the Corps of Engineers will handle the additional work
associated with all projected increases in the number of individual
permit applications and preconstruction notifications related to
the new and replacement permits and general conditions. The Permit
Processing Management Plan shall include specific objective goals
and criteria by which the Corps of Engineers' progress towards
reducing any permit backlog can be measured; (3) beginning on
December 31, 2001, and on a biannual basis thereafter, report to
Congress and publish in the Federal Register, an analysis of the
performance of its program as measured against the criteria set out
in the Permit Processing Management Plan; (4) implement a 1-year
pilot program to publish quarterly on the U.S. Army Corps of
Engineer's Regulatory Program website all Regulatory Analysis and
Management Systems (RAMS) data for the South Pacific Division and
North Atlantic Division beginning within 30 days of the enactment
of this Act [Oct. 27, 2000]; and (5) publish in Division Office
websites all findings, rulings, and decisions rendered under the
administrative appeals process for the Corps of Engineers
Regulatory Program as established in Public Law 106-60 [113 Stat.
486]: Provided further, That, through the period ending on
September 30, 2003, the Corps of Engineers shall allow any
appellant to keep a verbatim record of the proceedings of the
appeals conference under the aforementioned administrative appeals
process: Provided further, That within 30 days of the enactment of
this Act, the Secretary of the Army, acting through the Chief of
Engineers, shall require all U.S. Army Corps of Engineers Divisions
and Districts to record the date on which a section 404 individual
permit application or nationwide permit notification is filed with
the Corps of Engineers: Provided further, That the Corps of
Engineers, when reporting permit processing times, shall track both
the date a permit application is first received and the date the
application is considered complete, as well as the reason that the
application is not considered complete upon first submission."

AUTHORITY TO DELEGATE TO STATE OF WASHINGTON FUNCTIONS OF THE
SECRETARY RELATING TO LAKE CHELAN, WASHINGTON
Section 76 of Pub. L. 95-217 provided that: "The Secretary of the
Army, acting through the Chief of Engineers, is authorized to
delegate to the State of Washington upon its request all or any
part of those functions vested in such Secretary by section 404 of
the Federal Water Pollution Control Act [this section] and by
sections 9, 10, and 13 of the Act of March 3, 1899 [sections 401,
403, and 407 of this title], relating to Lake Chelan, Washington,
if the Secretary determines (1) that such State has the authority,
responsibility, and capability to carry out such functions, and (2)
that such delegation is in the public interest. Such delegation
shall be subject to such terms and conditions as the Secretary
deems necessary, including, but not limited to, suspension and
revocation for cause of such delegation."


-EXEC-
CONTIGUOUS ZONE OF UNITED STATES
For extension of contiguous zone of United States, see Proc. No.
7219, set out as a note under section 1331 of Title 43, Public
Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 59c-3, 59j-1, 59y, 59bb,
59bb-1, 59cc, 59dd, 59ff, 59gg, 59hh, 59jj, 426p, 1251, 1285, 1288,
1311, 1318, 1319, 1342, 1377, 2104, 2317 of this title; title 16
section 3822; title 42 section 9601.

-FOOTNOTE-
(!1) So in original. Probably should be "action".


-End-



-CITE-
33 USC Sec. 1345 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-
Sec. 1345. Disposal or use of sewage sludge

-STATUTE-
(a) Permit
Notwithstanding any other provision of this chapter or of any
other law, in any case where the disposal of sewage sludge
resulting from the operation of a treatment works as defined in
section 1292 of this title (including the removal of in-place
sewage sludge from one location and its deposit at another
location) would result in any pollutant from such sewage sludge
entering the navigable waters, such disposal is prohibited except
in accordance with a permit issued by the Administrator under
section 1342 of this title.
(b) Issuance of permit; regulations
The Administrator shall issue regulations governing the issuance
of permits for the disposal of sewage sludge subject to subsection
(a) of this section and section 1342 of this title. Such
regulations shall require the application to such disposal of each
criterion, factor, procedure, and requirement applicable to a
permit issued under section 1342 of this title.
(c) State permit program
Each State desiring to administer its own permit program for
disposal of sewage sludge subject to subsection (a) of this section
within its jurisdiction may do so in accordance with section 1342
of this title.
(d) Regulations
(1) Regulations
The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, shall develop
and publish, within one year after December 27, 1977, and from
time to time thereafter, regulations providing guidelines for the
disposal of sludge and the utilization of sludge for various
purposes. Such regulations shall -
(A) identify uses for sludge, including disposal;
(B) specify factors to be taken into account in determining
the measures and practices applicable to each such use or
disposal (including publication of information on costs);
(C) identify concentrations of pollutants which interfere
with each such use or disposal.

The Administrator is authorized to revise any regulation issued
under this subsection.
(2) Identification and regulation of toxic pollutants
(A) On basis of available information
(i) Proposed regulations
Not later than November 30, 1986, the Administrator shall
identify those toxic pollutants which, on the basis of
available information on their toxicity, persistence,
concentration, mobility, or potential for exposure, may be
present in sewage sludge in concentrations which may
adversely affect public health or the environment, and
propose regulations specifying acceptable management
practices for sewage sludge containing each such toxic
pollutant and establishing numerical limitations for each
such pollutant for each use identified under paragraph
(1)(A).
(ii) Final regulations
Not later than August 31, 1987, and after opportunity for
public hearing, the Administrator shall promulgate the
regulations required by subparagraph (A)(i).
(B) Others
(i) Proposed regulations
Not later than July 31, 1987, the Administrator shall
identify those toxic pollutants not identified under
subparagraph (A)(i) which may be present in sewage sludge in
concentrations which may adversely affect public health or
the environment, and propose regulations specifying
acceptable management practices for sewage sludge containing
each such toxic pollutant and establishing numerical
limitations for each pollutant for each such use identified
under paragraph (1)(A).
(ii) Final regulations
Not later than June 15, 1988, the Administrator shall
promulgate the regulations required by subparagraph (B)(i).
(C) Review
From time to time, but not less often than every 2 years, the
Administrator shall review the regulations promulgated under
this paragraph for the purpose of identifying additional toxic
pollutants and promulgating regulations for such pollutants
consistent with the requirements of this paragraph.
(D) Minimum standards; compliance date
The management practices and numerical criteria established
under subparagraphs (A), (B), and (C) shall be adequate to
protect public health and the environment from any reasonably
anticipated adverse effects of each pollutant. Such regulations
shall require compliance as expeditiously as practicable but in
no case later than 12 months after their publication, unless
such regulations require the construction of new pollution
control facilities, in which case the regulations shall require
compliance as expeditiously as practicable but in no case later
than two years from the date of their publication.
(3) Alternative standards
For purposes of this subsection, if, in the judgment of the
Administrator, it is not feasible to prescribe or enforce a
numerical limitation for a pollutant identified under paragraph
(2), the Administrator may instead promulgate a design,
equipment, management practice, or operational standard, or
combination thereof, which in the Administrator's judgment is
adequate to protect public health and the environment from any
reasonably anticipated adverse effects of such pollutant. In the
event the Administrator promulgates a design or equipment
standard under this subsection, the Administrator shall include
as part of such standard such requirements as will assure the
proper operation and maintenance of any such element of design or
equipment.
(4) Conditions on permits
Prior to the promulgation of the regulations required by
paragraph (2), the Administrator shall impose conditions in
permits issued to publicly owned treatment works under section
1342 of this title or take such other measures as the
Administrator deems appropriate to protect public health and the
environment from any adverse effects which may occur from toxic
pollutants in sewage sludge.
(5) Limitation on statutory construction
Nothing in this section is intended to waive more stringent
requirements established by this chapter or any other law.
(e) Manner of sludge disposal
The determination of the manner of disposal or use of sludge is a
local determination, except that it shall be unlawful for any
person to dispose of sludge from a publicly owned treatment works
or any other treatment works treating domestic sewage for any use
for which regulations have been established pursuant to subsection
(d) of this section, except in accordance with such regulations.
(f) Implementation of regulations
(1) Through section 1342 permits
Any permit issued under section 1342 of this title to a
publicly owned treatment works or any other treatment works
treating domestic sewage shall include requirements for the use
and disposal of sludge that implement the regulations established
pursuant to subsection (d) of this section, unless such
requirements have been included in a permit issued under the
appropriate provisions of subtitle C of the Solid Waste Disposal
Act [42 U.S.C. 6921 et seq.], part C of the Safe Drinking Water
Act [42 U.S.C. 300h et seq.], the Marine Protection, Research,
and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et
seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], or the Clean Air Act
[42 U.S.C. 7401 et seq.], or under State permit programs approved
by the Administrator, where the Administrator determines that
such programs assure compliance with any applicable requirements
of this section. Not later than December 15, 1986, the
Administrator shall promulgate procedures for approval of State
programs pursuant to this paragraph.
(2) Through other permits
In the case of a treatment works described in paragraph (1)
that is not subject to section 1342 of this title and to which
none of the other above listed permit programs nor approved State
permit authority apply, the Administrator may issue a permit to
such treatment works solely to impose requirements for the use
and disposal of sludge that implement the regulations established
pursuant to subsection (d) of this section. The Administrator
shall include in the permit appropriate requirements to assure
compliance with the regulations established pursuant to
subsection (d) of this section. The Administrator shall establish
procedures for issuing permits pursuant to this paragraph.
(g) Studies and projects
(1) Grant program; information gathering
The Administrator is authorized to conduct or initiate
scientific studies, demonstration projects, and public
information and education projects which are designed to promote
the safe and beneficial management or use of sewage sludge for
such purposes as aiding the restoration of abandoned mine sites,
conditioning soil for parks and recreation areas, agricultural
and horticultural uses, and other beneficial purposes. For the
purposes of carrying out this subsection, the Administrator may
make grants to State water pollution control agencies, other
public or nonprofit agencies, institutions, organizations, and
individuals. In cooperation with other Federal departments and
agencies, other public and private agencies, institutions, and
organizations, the Administrator is authorized to collect and
disseminate information pertaining to the safe and beneficial use
of sewage sludge.
(2) Authorization of appropriations
For the purposes of carrying out the scientific studies,
demonstration projects, and public information and education
projects authorized in this section, there is authorized to be
appropriated for fiscal years beginning after September 30, 1986,
not to exceed $5,000,000.

-SOURCE-
(June 30, 1948, ch. 758, title IV, Sec. 405, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L.
95-217, Secs. 54(d), 68, Dec. 27, 1977, 91 Stat. 1591, 1606; Pub.
L. 100-4, title IV, Sec. 406(a)-(c), (f), Feb. 4, 1987, 101 Stat.
71, 72, 74.)

-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (f)(1), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.
Subtitle C of the Solid Waste Disposal Act is classified generally
to subchapter III (Sec. 6921 et seq.) of chapter 82 of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 6901 of
Title 42 and Tables.
The Safe Drinking Water Act, referred to in subsec. (f)(1), is
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.
93-523, Sec. 2(a), 88 Stat. 1660, as amended. Part C of the Act is
classified generally to part C (Sec. 300h et seq.) of subchapter
XII of chapter 6A of Title 42. For complete classification of this
Act to the Code, see Short Title note set out under section 201 of
Title 42 and Tables.
The Marine Protection, Research, and Sanctuaries Act of 1972,
referred to in subsec. (f)(1), is Pub. L. 92-532, Oct. 23, 1972, 86
Stat. 1052, as amended, which is classified generally to chapters
32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,
Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1401 of this
title and Tables.
The Clean Air Act, referred to in subsec. (f)(1), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 7401 of Title 42
and Tables.


-MISC1-
AMENDMENTS
1987 - Subsec. (d). Pub. L. 100-4, Sec. 406(a), designated
existing provision as par. (1), inserted heading, redesignated
former pars. (1) to (3) as subpars. (A) to (C), and added pars. (2)
to (5).
Pub. L. 100-4, Sec. 406(f), inserted heading "Regulations" and
aligned par. (1) with par. (3) and subpars. (A) to (C) of par. (1)
with subpar. (C) of par. (2).
Subsec. (e). Pub. L. 100-4, Sec. 406(b), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: "The
determination of the manner of disposal or use of sludge is a local
determination except that it shall be unlawful for the owner or
operator of any publicly owned treatment works to dispose of sludge
from such works for any use for which guidelines have been
established pursuant to subsection (d) of this section, except in
accordance with such guidelines."
Subsecs. (f), (g). Pub. L. 100-4, Sec. 406(c), added subsecs. (f)
and (g).
1977 - Subsec. (a). Pub. L. 95-217, Sec. 68(a), substituted
"under section 1342 of this title" for "under this section".
Subsec. (b). Pub. L. 95-217, Secs. 54(d)(1), 68(b), (c),
substituted "sewage sludge subject to subsection (a) of this
section and section 1342 of this title" for "sewage sludge subject
to this section" and struck out ", as the Administrator determines
necessary to carry out the objective of this chapter" after "permit
issued under section 1342 of this title".
Subsec. (c). Pub. L. 95-217, Secs. 54(d)(2), 68(d), substituted
"disposal of sewage sludge subject to subsection (a) of this
section within its jurisdiction may do so in accordance with
section 1342 of this title" for "disposal of sewage sludge within
its jurisdiction may do so if upon submission of such program the
Administrator determines such program is adequate to carry out the
objective of this chapter".
Subsecs. (d), (e). Pub. L. 95-217, Sec. 54(d)(3), added subsecs.
(d) and (e).

REMOVAL CREDITS
Section 406(e) of Pub. L. 100-4 provided that: "The part of the
decision of Natural Resources Defense Council, Inc. v. U.S.
Environmental Protection Agency, No. 84-3530 (3d. Cir. 1986), which
addresses section 405(d) of the Federal Water Pollution Control Act
[33 U.S.C. 1345(d)] is stayed until August 31, 1987, with respect
to -
"(1) those publicly owned treatment works the owner or operator
of which received authority to revise pretreatment requirements
under section 307(b)(1) of such Act [33 U.S.C. 1317(b)(1)] before
the date of the enactment of this section [Feb. 4, 1987], and
"(2) those publicly owned treatment works the owner or operator
of which has submitted an application for authority to revise
pretreatment requirements under such section 307(b)(1) which
application is pending on such date of enactment and is approved
before August 31, 1987.
The Administrator shall not authorize any other removal credits
under such Act [33 U.S.C. 1251 et seq.] until the Administrator
issues the regulations required by paragraph (2)(A)(ii) of section
405(d) of such Act, as amended by subsection (a) of this section."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1317, 1318, 1319, 1365,
1369 of this title.

-End-



-CITE-
33 USC Sec. 1346 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV - PERMITS AND LICENSES

-HEAD-
Sec. 1346. Coastal recreation water quality monitoring and
notification

-STATUTE-
(a) Monitoring and notification
(1) In general
Not later than 18 months after October 10, 2000, after
consultation and in cooperation with appropriate Federal, State,
tribal, and local officials (including local health officials),
and after providing public notice and an opportunity for comment,
the Administrator shall publish performance criteria for -
(A) monitoring and assessment (including specifying available
methods for monitoring) of coastal recreation waters adjacent
to beaches or similar points of access that are used by the
public for attainment of applicable water quality standards for
pathogens and pathogen indicators; and
(B) the prompt notification of the public, local governments,
and the Administrator of any exceeding of or likelihood of
exceeding applicable water quality standards for coastal
recreation waters described in subparagraph (A).
(2) Level of protection
The performance criteria referred to in paragraph (1) shall
provide that the activities described in subparagraphs (A) and
(B) of that paragraph shall be carried out as necessary for the
protection of public health and safety.
(b) Program development and implementation grants
(1) In general
The Administrator may make grants to States and local
governments to develop and implement programs for monitoring and
notification for coastal recreation waters adjacent to beaches or
similar points of access that are used by the public.
(2) Limitations
(A) In general
The Administrator may award a grant to a State or a local
government to implement a monitoring and notification program
if -
(i) the program is consistent with the performance criteria
published by the Administrator under subsection (a) of this
section;
(ii) the State or local government prioritizes the use of
grant funds for particular coastal recreation waters based on
the use of the water and the risk to human health presented
by pathogens or pathogen indicators;
(iii) the State or local government makes available to the
Administrator the factors used to prioritize the use of funds
under clause (ii);
(iv) the State or local government provides a list of
discrete areas of coastal recreation waters that are subject
to the program for monitoring and notification for which the
grant is provided that specifies any coastal recreation
waters for which fiscal constraints will prevent consistency
with the performance criteria under subsection (a) of this
section; and
(v) the public is provided an opportunity to review the
program through a process that provides for public notice and
an opportunity for comment.
(B) Grants to local governments
The Administrator may make a grant to a local government
under this subsection for implementation of a monitoring and
notification program only if, after the 1-year period beginning
on the date of publication of performance criteria under
subsection (a)(1) of this section, the Administrator determines
that the State is not implementing a program that meets the
requirements of this subsection, regardless of whether the
State has received a grant under this subsection.
(3) Other requirements
(A) Report
A State recipient of a grant under this subsection shall
submit to the Administrator, in such format and at such
intervals as the Administrator determines to be appropriate, a
report that describes -
(i) data collected as part of the program for monitoring
and notification as described in subsection (c) of this
section; and
(ii) actions taken to notify the public when water quality
standards are exceeded.
(B) Delegation
A State recipient of a grant under this subsection shall
identify each local government to which the State has delegated
or intends to delegate responsibility for implementing a
monitoring and notification program consistent with the
performance criteria published under subsection (a) of this
section (including any coastal recreation waters for which the
authority to implement a monitoring and notification program
would be subject to the delegation).
(4) Federal share
(A) In general
The Administrator, through grants awarded under this section,
may pay up to 100 percent of the costs of developing and
implementing a program for monitoring and notification under
this subsection.
(B) Non-Federal share
The non-Federal share of the costs of developing and
implementing a monitoring and notification program may be -
(i) in an amount not to exceed 50 percent, as determined by
the Administrator in consultation with State, tribal, and
local government representatives; and
(ii) provided in cash or in kind.
(c) Content of State and local government programs
As a condition of receipt of a grant under subsection (b) of this
section, a State or local government program for monitoring and
notification under this section shall identify -
(1) lists of coastal recreation waters in the State, including
coastal recreation waters adjacent to beaches or similar points
of access that are used by the public;
(2) in the case of a State program for monitoring and
notification, the process by which the State may delegate to
local governments responsibility for implementing the monitoring
and notification program;
(3) the frequency and location of monitoring and assessment of
coastal recreation waters based on -
(A) the periods of recreational use of the waters;
(B) the nature and extent of use during certain periods;
(C) the proximity of the waters to known point sources and
nonpoint sources of pollution; and
(D) any effect of storm events on the waters;

(4)(A) the methods to be used for detecting levels of pathogens
and pathogen indicators that are harmful to human health; and
(B) the assessment procedures for identifying short-term
increases in pathogens and pathogen indicators that are harmful
to human health in coastal recreation waters (including increases
in relation to storm events);
(5) measures for prompt communication of the occurrence,
nature, location, pollutants involved, and extent of any
exceeding of, or likelihood of exceeding, applicable water
quality standards for pathogens and pathogen indicators to -
(A) the Administrator, in such form as the Administrator
determines to be appropriate; and
(B) a designated official of a local government having
jurisdiction over land adjoining the coastal recreation waters
for which the failure to meet applicable standards is
identified;

(6) measures for the posting of signs at beaches or similar
points of access, or functionally equivalent communication
measures that are sufficient to give notice to the public that
the coastal recreation waters are not meeting or are not expected
to meet applicable water quality standards for pathogens and
pathogen indicators; and
(7) measures that inform the public of the potential risks
associated with water contact activities in the coastal
recreation waters that do not meet applicable water quality
standards.
(d) Federal agency programs
Not later than 3 years after October 10, 2000, each Federal
agency that has jurisdiction over coastal recreation waters
adjacent to beaches or similar points of access that are used by
the public shall develop and implement, through a process that
provides for public notice and an opportunity for comment, a
monitoring and notification program for the coastal recreation
waters that -
(1) protects the public health and safety;
(2) is consistent with the performance criteria published under
subsection (a) of this section;
(3) includes a completed report on the information specified in
subsection (b)(3)(A) of this section, to be submitted to the
Administrator; and
(4) addresses the matters specified in subsection (c) of this
section.
(e) Database
The Administrator shall establish, maintain, and make available
to the public by electronic and other means a national coastal
recreation water pollution occurrence database that provides -
(1) the data reported to the Administrator under subsections
(b)(3)(A)(i) and (d)(3) of this section; and
(2) other information concerning pathogens and pathogen
indicators in coastal recreation waters that -
(A) is made available to the Administrator by a State or
local government, from a coastal water quality monitoring
program of the State or local government; and
(B) the Administrator determines should be included.
(f) Technical assistance for monitoring floatable material
The Administrator shall provide technical assistance to States
and local governments for the development of assessment and
monitoring procedures for floatable material to protect public
health and safety in coastal recreation waters.
(g) List of waters
(1) In general
Beginning not later than 18 months after the date of
publication of performance criteria under subsection (a) of this
section, based on information made available to the
Administrator, the Administrator shall identify, and maintain a
list of, discrete coastal recreation waters adjacent to beaches
or similar points of access that are used by the public that -
(A) specifies any waters described in this paragraph that are
subject to a monitoring and notification program consistent
with the performance criteria established under subsection (a)
of this section; and
(B) specifies any waters described in this paragraph for
which there is no monitoring and notification program
(including waters for which fiscal constraints will prevent the
State or the Administrator from performing monitoring and
notification consistent with the performance criteria
established under subsection (a) of this section).
(2) Availability
The Administrator shall make the list described in paragraph
(1) available to the public through -
(A) publication in the Federal Register; and
(B) electronic media.
(3) Updates
The Administrator shall update the list described in paragraph
(1) periodically as new information becomes available.
(h) EPA implementation
In the case of a State that has no program for monitoring and
notification that is consistent with the performance criteria
published under subsection (a) of this section after the last day
of the 3-year period beginning on the date on which the
Administrator lists waters in the State under subsection (g)(1)(B)
of this section, the Administrator shall conduct a monitoring and
notification program for the listed waters based on a priority
ranking established by the Administrator using funds appropriated
for grants under subsection (i) of this section -
(1) to conduct monitoring and notification; and
(2) for related salaries, expenses, and travel.
(i) Authorization of appropriations
There is authorized to be appropriated for making grants under
subsection (b) of this section, including implementation of
monitoring and notification programs by the Administrator under
subsection (h) of this section, $30,000,000 for each of fiscal
years 2001 through 2005.

-SOURCE-
(June 30, 1948, ch. 758, title IV, Sec. 406, as added Pub. L.
106-284, Sec. 4, Oct. 10, 2000, 114 Stat. 872.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1377 of this title.

-End-


-CITE-
33 USC SUBCHAPTER V - GENERAL PROVISIONS 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
SUBCHAPTER V - GENERAL PROVISIONS

-End-



-CITE-
33 USC Sec. 1361 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
Sec. 1361. Administration

-STATUTE-
(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 chapter 75
of title 31. Such contracts may only be entered into to the extent
and in such amounts as may be provided in advance in appropriation
Acts.
(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.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 501, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 885; amended Pub. L. 100-4,
title V, Sec. 501, Feb. 4, 1987, 101 Stat. 75.)


-MISC1-
AMENDMENTS
1987 - Subsec. (d). Pub. L. 100-4 inserted provision at end
authorizing Administrator to enter into noncompetitive procurement
contracts with independent State audit organizations, consistent
with chapter 75 of title 31, but only to extent and in such amounts
as provided in advance in appropriations Acts.

ENVIRONMENTAL COURT FEASIBILITY STUDY
Section 9 of Pub. L. 92-500 authorized the President, acting
through the Attorney General, to study the feasibility of
establishing a separate court or court system with jurisdiction
over environmental matters and required him to report the results
of his study, together with his recommendations, to Congress not
later than one year after Oct. 18, 1972.

TRANSFER OF PUBLIC HEALTH SERVICE OFFICERS
Pub. L. 89-234, Sec. 2(b)-(k), Oct. 2, 1965, 79 Stat. 904, 905,
authorized the transfer of certain commissioned officers of the
Public Health Service to classified positions in the Federal Water
Pollution Control Administration, now the Environmental Protection
Agency, where such transfer was requested within six months after
the establishment of the Administration and made certain
administrative provisions relating to pension and retirement rights
of the transferees, sick leave benefits, group life insurance, and
certain other miscellaneous provisions.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1283 of this title.

-End-



-CITE-
33 USC Sec. 1362 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
Sec. 1362. Definitions

-STATUTE-
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 section 1288 of this title.
(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 section 1322 of this title; or
(B) water, gas, or other material which is injected into a well to
facilitate production of oil or gas, or water derived in
association with oil or gas production and disposed of in a well,
if the well used either to facilitate production or for disposal
purposes is approved by authority of the State in which the well is
located, and if such State determines that such injection or
disposal will not result in the degradation of ground or surface
water resources.
(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, (continued)