Loading (50 kb)...'

(continued)
channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, or vessel or
other floating craft, from which pollutants are or may be
discharged. This term does not include agricultural stormwater
discharges and return flows from irrigated agriculture.
(15) The term "biological monitoring" shall mean the
determination of the effects on aquatic life, including
accumulation of pollutants in tissue, in receiving waters due to
the discharge of pollutants (A) by techniques and procedures,
including sampling of organisms representative of appropriate
levels of the food chain appropriate to the volume and the
physical, chemical, and biological characteristics of the effluent,
and (B) at appropriate frequencies and locations.
(16) The term "discharge" when used without qualification
includes a discharge of a pollutant, and a discharge of pollutants.
(17) The term "schedule of compliance" means a schedule of
remedial measures including an enforceable sequence of actions or
operations leading to compliance with an effluent limitation, other
limitation, prohibition, or standard.
(18) The term "industrial user" means those industries identified
in the Standard Industrial Classification Manual, Bureau of the
Budget, 1967, as amended and supplemented, under the category of
"Division D - Manufacturing" and such other classes of significant
waste producers as, by regulation, the Administrator deems
appropriate.
(19) The term "pollution" means the man-made or man-induced
alteration of the chemical, physical, biological, and radiological
integrity of water.
(20) The term "medical waste" means isolation wastes; infectious
agents; human blood and blood products; pathological wastes;
sharps; body parts; contaminated bedding; surgical wastes and
potentially contaminated laboratory wastes; dialysis wastes; and
such additional medical items as the Administrator shall prescribe
by regulation.
(21) Coastal recreation waters. -
(A) In general. - The term "coastal recreation waters" means -
(i) the Great Lakes; and
(ii) marine coastal waters (including coastal estuaries) that
are designated under section 1313(c) of this title by a State
for use for swimming, bathing, surfing, or similar water
contact activities.

(B) Exclusions. - The term "coastal recreation waters" does not
include -
(i) inland waters; or
(ii) waters upstream of the mouth of a river or stream having
an unimpaired natural connection with the open sea.

(22) Floatable material. -
(A) In general. - The term "floatable material" means any
foreign matter that may float or remain suspended in the water
column.
(B) Inclusions. - The term "floatable material" includes -
(i) plastic;
(ii) aluminum cans;
(iii) wood products;
(iv) bottles; and
(v) paper products.

(23) Pathogen indicator. - The term "pathogen indicator" means a
substance that indicates the potential for human infectious
disease.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 502, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 886; amended Pub. L.
95-217, Sec. 33(b), Dec. 27, 1977, 91 Stat. 1577; Pub. L. 100-4,
title V, Secs. 502(a), 503, Feb. 4, 1987, 101 Stat. 75; Pub. L.
100-688, title III, Sec. 3202(a), Nov. 18, 1988, 102 Stat. 4154;
Pub. L. 104-106, div. A, title III, Sec. 325(c)(3), Feb. 10, 1996,
110 Stat. 259; Pub. L. 106-284, Sec. 5, Oct. 10, 2000, 114 Stat.
875.)


-MISC1-
AMENDMENTS
2000 - Pars. (21) to (23). Pub. L. 106-284 added pars. (21) to
(23).
1996 - Par. (6)(A). Pub. L. 104-106 substituted " 'sewage from
vessels or a discharge incidental to the normal operation of a
vessel of the Armed Forces' " for " 'sewage from vessels' ".
1988 - Par. (20). Pub. L. 100-688 added par. (20).
1987 - Par. (3). Pub. L. 100-4, Sec. 502(a), inserted "the
Commonwealth of the Northern Mariana Islands," after "Samoa,".
Par. (14). Pub. L. 100-4, Sec. 503, inserted "agricultural
stormwater discharges and" after "does not include".
1977 - Par. (14). Pub. L. 95-217 inserted provision that "point
source" does not include return flows from irrigated agriculture.


-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

-CROSS-
DEFINITION OF "POINT SOURCE"
Section 507 of Pub. L. 100-4 provided that: "For purposes of the
Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the
term 'point source' includes a landfill leachate collection
system."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1319 of this title; title
14 section 690; title 26 section 169; title 30 section 1419; title
42 sections 9117, 9601.

-End-



-CITE-
33 USC Sec. 1363 01/19/04

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

-HEAD-
Sec. 1363. Water Pollution Control Advisory Board

-STATUTE-
(a) Establishment; composition; terms of office
(1) There is hereby established in the Environmental Protection
Agency a Water Pollution Control Advisory Board, composed of the
Administrator or his designee, who shall be Chairman, and nine
members appointed by the President, none of whom shall be Federal
officers or employees. The appointed members, having due regard for
the purposes of this chapter, shall be selected from among
representatives of various State, interstate, and local
governmental agencies, of public or private interests contributing
to, affected by, or concerned with pollution, and of other public
and private agencies, organizations, or groups demonstrating an
active interest in the field of pollution prevention and control,
as well as other individuals who are expert in this field.
(2)(A) Each member appointed by the President shall hold office
for a term of three years, except that (i) any member appointed to
fill a vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed for the
remainder of such term, and (ii) the terms of office of the members
first taking office after June 30, 1956, shall expire as follows:
three at the end of one year after such date, three at the end of
two years after such date, and three at the end of three years
after such date, as designated by the President at the time of
appointment, and (iii) the term of any member under the preceding
provisions shall be extended until the date on which his
successor's appointment is effective. None of the members appointed
by the President shall be eligible for reappointment within one
year after the end of his preceding term.
(B) The members of the Board who are not officers or employees of
the United States, while attending conferences or meetings of the
Board or while serving at the request of the Administrator, shall
be entitled to receive compensation at a rate to be fixed by the
Administrator, but not exceeding $100 per diem, including
travel-time, and while away from their homes or regular places of
business they may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by law for persons in the
Government service employed intermittently.
(b) Functions
The Board shall advise, consult with, and make recommendations to
the Administrator on matters of policy relating to the activities
and functions of the Administrator under this chapter.
(c) Clerical and technical assistance
Such clerical and technical assistance as may be necessary to
discharge the duties of the Board shall be provided from the
personnel of the Environmental Protection Agency.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 503, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 887.)

-REFTEXT-
REFERENCES IN TEXT
Travel expenses, including per diem in lieu of subsistence as
authorized by law, referred to in subsec. (a)(2)(B), probably means
the allowances authorized by section 5703 of Title 5, Government
Organization and Employees.


-MISC1-
CONTINUATION OF TERM OF OFFICE
Pub. L. 87-88, Sec. 6(c), July 20, 1961, 75 Stat. 207, provided
that members of the Water Pollution Control Advisory Board holding
office immediately preceding July 20, 1961 were to remain in office
as members of the Board as established by section 6(a) of Pub. L.
87-88 until the expiration of the terms of office for which they
were originally appointed.

TERMS OF OFFICE OF MEMBERS OF WATER POLLUTION CONTROL ADVISORY
BOARD
Act July 9, 1956, ch. 518, Sec. 3, 70 Stat. 507, provided that
the terms of office of members of the Water Pollution Control
Advisory Board, holding office on July 9, 1956, were to terminate
at the close of business on that date.

TERMINATION OF ADVISORY BOARDS
Advisory boards in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5,
1973, unless, in the case of a board established by the President
or an officer of the Federal Government, such board is renewed by
appropriate action prior to the expiration of such 2-year period,
or in the case of a board established by the Congress, its duration
is otherwise provided for by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.

-End-



-CITE-
33 USC Sec. 1364 01/19/04

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

-HEAD-
Sec. 1364. Emergency powers

-STATUTE-
(a) Emergency powers
Notwithstanding any other provision of this chapter, the
Administrator upon receipt of evidence that a pollution source or
combination of sources is presenting an imminent and substantial
endangerment to the health of persons or to the welfare of persons
where such endangerment is to the livelihood of such persons, such
as inability to market shellfish, may bring suit on behalf of the
United States in the appropriate district court to immediately
restrain any person causing or contributing to the alleged
pollution to stop the discharge of pollutants causing or
contributing to such pollution or to take such other action as may
be necessary.
(b) Repealed. Pub. L. 96-510, title III, Sec. 304(a), Dec. 11,
1980, 94 Stat. 2809

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 504, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L.
95-217, Sec. 69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96-510,
title III, Sec. 304(a), Dec. 11, 1980, 94 Stat. 2809.)


-MISC1-
AMENDMENTS
1980 - Subsec. (b). Pub. L. 96-510 struck out subsec. (b) which
related to emergency assistance, establishment of an emergency
fund, and preparation of a contingency plan for such emergencies.
1977 - Pub. L. 95-217 designated existing provisions as subsec.
(a) and added subsec. (b).

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-510 effective Dec. 11, 1980, see section
9652 of Title 42, The Public Health and Welfare.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1256, 1318 of this title;
title 42 sections 7412, 9606, 9654.

-End-



-CITE-
33 USC Sec. 1365 01/19/04

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

-HEAD-
Sec. 1365. Citizen suits

-STATUTE-
(a) Authorization; jurisdiction
Except as provided in subsection (b) of this section and section
1319(g)(6) of this title, any citizen may commence a civil action
on his own behalf -
(1) against any person (including (i) the United States, and
(ii) any other governmental instrumentality or agency to the
extent permitted by the eleventh amendment to the Constitution)
who is alleged to be in violation of (A) an effluent standard or
limitation under this chapter or (B) an order issued by the
Administrator or a State with respect to such a standard or
limitation, or
(2) against the Administrator where there is alleged a failure
of the Administrator to perform any act or duty under this
chapter which is not discretionary with the Administrator.

The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such an effluent standard or limitation, or such an order, or to
order the Administrator to perform such act or duty, as the case
may be, and to apply any appropriate civil penalties under section
1319(d) of this title.
(b) Notice
No action may be commenced -
(1) under subsection (a)(1) of this section -
(A) prior to sixty days after the plaintiff has given notice
of the alleged violation (i) to the Administrator, (ii) to the
State in which the alleged violation occurs, and (iii) to any
alleged violator of the standard, limitation, or order, or
(B) if the Administrator or State has commenced and is
diligently prosecuting a civil or criminal action in a court of
the United States, or a State to require compliance with the
standard, limitation, or order, but in any such action in a
court of the United States any citizen may intervene as a
matter of right.

(2) under subsection (a)(2) of this section prior to sixty days
after the plaintiff has given notice of such action to the
Administrator,

except that such action may be brought immediately after such
notification in the case of an action under this section respecting
a violation of sections 1316 and 1317(a) of this title. Notice
under this subsection shall be given in such manner as the
Administrator shall prescribe by regulation.
(c) Venue; intervention by Administrator; United States interests
protected
(1) Any action respecting a violation by a discharge source of an
effluent standard or limitation or an order respecting such
standard or limitation may be brought under this section only in
the judicial district in which such source is located.
(2) In such action under this section, the Administrator, if not
a party, may intervene as a matter of right.
(3) Protection of interests of united states. - Whenever any
action is brought under this section in a court of the United
States, the plaintiff shall serve a copy of the complaint on the
Attorney General and the Administrator. No consent judgment shall
be entered in an action in which the United States is not a party
prior to 45 days following the receipt of a copy of the proposed
consent judgment by the Attorney General and the Administrator.
(d) Litigation costs
The court, in issuing any final order in any action brought
pursuant to this section, may award costs of litigation (including
reasonable attorney and expert witness fees) to any prevailing or
substantially prevailing party, whenever the court determines such
award is appropriate. The court may, if a temporary restraining
order or preliminary injunction is sought, require the filing of a
bond or equivalent security in accordance with the Federal Rules of
Civil Procedure.
(e) Statutory or common law rights not restricted
Nothing in this section shall restrict any right which any person
(or class of persons) may have under any statute or common law to
seek enforcement of any effluent standard or limitation or to seek
any other relief (including relief against the Administrator or a
State agency).
(f) Effluent standard or limitation
For purposes of this section, the term "effluent standard or
limitation under this chapter" means (1) effective July 1, 1973, an
unlawful act under subsection (a) of section 1311 of this title;
(2) an effluent limitation or other limitation under section 1311
or 1312 of this title; (3) standard of performance under section
1316 of this title; (4) prohibition, effluent standard or
pretreatment standards under section 1317 of this title; (5)
certification under section 1341 of this title; (6) a permit or
condition thereof issued under section 1342 of this title, which is
in effect under this chapter (including a requirement applicable by
reason of section 1323 of this title); or (7) a regulation under
section 1345(d) of this title,.(!1)

(g) "Citizen" defined
For the purposes of this section the term "citizen" means a
person or persons having an interest which is or may be adversely
affected.
(h) Civil action by State Governors
A Governor of a State may commence a civil action under
subsection (a) of this section, without regard to the limitations
of subsection (b) of this section, against the Administrator where
there is alleged a failure of the Administrator to enforce an
effluent standard or limitation under this chapter the violation of
which is occurring in another State and is causing an adverse
effect on the public health or welfare in his State, or is causing
a violation of any water quality requirement in his State.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 505, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 100-4,
title III, Sec. 314(c), title IV, Sec. 406(d)(2), title V, Secs.
504, 505(c), Feb. 4, 1987, 101 Stat. 49, 73, 75, 76.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec. (d),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.


-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-4, Sec. 314(c), inserted "and
section 1319(g)(6) of this title" after "subsection (b) of this
section" in introductory text.
Subsec. (c)(3). Pub. L. 100-4, Sec. 504, added par. (3).
Subsec. (d). Pub. L. 100-4, Sec. 505(c), inserted "prevailing or
substantially prevailing" before "party".
Subsec. (f). Pub. L. 100-4, Sec. 406(d)(2), added cl. (7).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1319, 1321, 1329, 1342,
1344 of this title.

-FOOTNOTE-


(!1) So in original.


-End-



-CITE-
33 USC Sec. 1366 01/19/04

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

-HEAD-
Sec. 1366. Appearance

-STATUTE-
The Administrator shall request the Attorney General to appear
and represent the United States in any civil or criminal action
instituted under this chapter to which the Administrator is a
party. Unless the Attorney General notifies the Administrator
within a reasonable time, that he will appear in a civil action,
attorneys who are officers or employees of the Environmental
Protection Agency shall appear and represent the United States in
such action.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 506, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 889.)

-End-



-CITE-
33 USC Sec. 1367 01/19/04

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

-HEAD-
Sec. 1367. Employee protection

-STATUTE-
(a) Discrimination against persons filing, instituting, or
testifying in proceedings under this chapter prohibited
No person shall fire, or in any other way discriminate against,
or cause to be fired or discriminated against, any employee or any
authorized representative of employees by reason of the fact that
such employee or representative has filed, instituted, or caused to
be filed or instituted any proceeding under this chapter, or has
testified or is about to testify in any proceeding resulting from
the administration or enforcement of the provisions of this
chapter.
(b) Application for review; investigation; hearing; review
Any employee or a representative of employees who believes that
he has been fired or otherwise discriminated against by any person
in violation of subsection (a) of this section may, within thirty
days after such alleged violation occurs, apply to the Secretary of
Labor for a review of such firing or alleged discrimination. A copy
of the application shall be sent to such person who shall be the
respondent. Upon receipt of such application, the Secretary of
Labor shall cause such investigation to be made as he deems
appropriate. Such investigation shall provide an opportunity for a
public hearing at the request of any party to such review to enable
the parties to present information relating to such alleged
violation. The parties shall be given written notice of the time
and place of the hearing at least five days prior to the hearing.
Any such hearing shall be of record and shall be subject to section
554 of title 5. Upon receiving the report of such investigation,
the Secretary of Labor shall make findings of fact. If he finds
that such violation did occur, he shall issue a decision,
incorporating an order therein and his findings, requiring the
party committing such violation to take such affirmative action to
abate the violation as the Secretary of Labor deems appropriate,
including, but not limited to, the rehiring or reinstatement of the
employee or representative of employees to his former position with
compensation. If he finds that there was no such violation, he
shall issue an order denying the application. Such order issued by
the Secretary of Labor under this subparagraph shall be subject to
judicial review in the same manner as orders and decisions of the
Administrator are subject to judicial review under this chapter.
(c) Costs and expenses
Whenever an order is issued under this section to abate such
violation, at the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the
attorney's fees), as determined by the Secretary of Labor, to have
been reasonably incurred by the applicant for, or in connection
with, the institution and prosecution of such proceedings, shall be
assessed against the person committing such violation.
(d) Deliberate violations by employee acting without direction from
his employer or his agent
This section shall have no application to any employee who,
acting without direction from his employer (or his agent)
deliberately violates any prohibition of effluent limitation or
other limitation under section 1311 or 1312 of this title,
standards of performance under section 1316 of this title, effluent
standard, prohibition or pretreatment standard under section 1317
of this title, or any other prohibition or limitation established
under this chapter.
(e) Investigations of employment reductions
The Administrator shall conduct continuing evaluations of
potential loss or shifts of employment which may result from the
issuance of any effluent limitation or order under this chapter,
including, where appropriate, investigating threatened plant
closures or reductions in employment allegedly resulting from such
limitation or order. Any employee who is discharged or laid-off,
threatened with discharge or lay-off, or otherwise discriminated
against by any person because of the alleged results of any
effluent limitation or order issued under this chapter, or any
representative of such employee, may request the Administrator to
conduct a full investigation of the matter. The Administrator shall
thereupon investigate the matter and, at the request of any party,
shall hold public hearings on not less than five days notice, and
shall at such hearings require the parties, including the employer
involved, to present information relating to the actual or
potential effect of such limitation or order on employment and on
any alleged discharge, lay-off, or other discrimination and the
detailed reasons or justification therefor. Any such hearing shall
be of record and shall be subject to section 554 of title 5. Upon
receiving the report of such investigation, the Administrator shall
make findings of fact as to the effect of such effluent limitation
or order on employment and on the alleged discharge, lay-off, or
discrimination and shall make such recommendations as he deems
appropriate. Such report, findings, and recommendations shall be
available to the public. Nothing in this subsection shall be
construed to require or authorize the Administrator to modify or
withdraw any effluent limitation or order issued under this
chapter.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 507, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 890.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1369 of this title.

-End-



-CITE-
33 USC Sec. 1368 01/19/04

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

-HEAD-
Sec. 1368. Federal procurement

-STATUTE-
(a) Contracts with violators prohibited
No Federal agency may enter into any contract with any person,
who has been convicted of any offense under section 1319(c) of this
title, for the procurement of goods, materials, and services if
such contract is to be performed at any facility at which the
violation which gave rise to such conviction occurred, and if such
facility is owned, leased, or supervised by such person. The
prohibition in the preceding sentence shall continue until the
Administrator certifies that the condition giving rise to such
conviction has been corrected.
(b) Notification of agencies
The Administrator shall establish procedures to provide all
Federal agencies with the notification necessary for the purposes
of subsection (a) of this section.
(c) Omitted
(d) Exemptions
The President may exempt any contract, loan, or grant from all or
part of the provisions of this section where he determines such
exemption is necessary in the paramount interest of the United
States and he shall notify the Congress of such exemption.
(e) Annual report to Congress
The President shall annually report to the Congress on measures
taken in compliance with the purpose and intent of this section,
including, but not limited to, the progress and problems associated
with such compliance.
(f) Contractor certification or contract clause in acquisition of
commercial items
(1) No certification by a contractor, and no contract clause, may
be required in the case of a contract for the acquisition of
commercial items in order to implement a prohibition or requirement
of this section or a prohibition or requirement issued in the
implementation of this section.
(2) In paragraph (1), the term "commercial item" has the meaning
given such term in section 403(12) of title 41.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 508, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L.
103-355, title VIII, Sec. 8301(a), Oct. 13, 1994, 108 Stat. 3396.)

-COD-
CODIFICATION
Subsec. (c) of this section authorized the President to cause to
be issued, not more than 180 days after October 18, 1972, an order
(1) requiring each Federal agency authorized to enter into
contracts or to extend Federal assistance by way of grant, loan, or
contract, to effectuate the purpose and policy of this chapter, and
(2) setting forth procedures, sanctions and penalties as the
President determines necessary to carry out such requirement.


-MISC1-
AMENDMENTS
1994 - Subsec. (f). Pub. L. 103-355 added subsec. (f).

EFFECTIVE DATE OF 1994 AMENDMENT
For effective date and applicability of amendment by Pub. L.
103-355, see section 10001 of Pub. L. 103-355, set out as a note
under section 251 of Title 41, Public Contracts.

ADMINISTRATION OF CHAPTER WITH RESPECT TO FEDERAL CONTRACTS,
GRANTS, OR LOANS
For provisions concerning the administration of this chapter with
respect to Federal contracts, grants, or loans, see Ex. Ord. No.
11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under
section 7606 of Title 42, The Public Health and Welfare.

-End-



-CITE-
33 USC Sec. 1369 01/19/04

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

-HEAD-
Sec. 1369. Administrative procedure and judicial review

-STATUTE-
(a) Subpenas
(1) For purposes of obtaining information under section 1315 of
this title, or carrying out section 1367(e) of this title, the
Administrator may issue subpenas for the attendance and testimony
of witnesses and the production of relevant papers, books, and
documents, and he may administer oaths. Except for effluent data,
upon a showing satisfactory to the Administrator that such papers,
books, documents, or information or particular part thereof, if
made public, would divulge trade secrets or secret processes, the
Administrator shall consider such record, report, or information or
particular portion thereof confidential in accordance with the
purposes of section 1905 of title 18, except that such paper, book,
document, or information may be disclosed to other officers,
employees, or authorized representatives of the United States
concerned with carrying out this chapter, or when relevant in any
proceeding under this chapter. Witnesses summoned shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States. In case of contumacy or refusal to obey a subpena
served upon any person under this subsection, the district court of
the United States for any district in which such person is found or
resides or transacts business, upon application by the United
States and after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give testimony
before the Administrator, to appear and produce papers, books, and
documents before the Administrator, or both, and any failure to
obey such order of the court may be punished by such court as a
contempt thereof.
(2) The district courts of the United States are authorized, upon
application by the Administrator, to issue subpenas for attendance
and testimony of witnesses and the production of relevant papers,
books, and documents, for purposes of obtaining information under
sections 1314(b) and (c) of this title. Any papers, books,
documents, or other information or part thereof, obtained by reason
of such a subpena shall be subject to the same requirements as are
provided in paragraph (1) of this subsection.
(b) Review of Administrator's actions; selection of court; fees
(1) Review of the Administrator's action (A) in promulgating any
standard of performance under section 1316 of this title, (B) in
making any determination pursuant to section 1316(b)(1)(C) of this
title, (C) in promulgating any effluent standard, prohibition, or
pretreatment standard under section 1317 of this title, (D) in
making any determination as to a State permit program submitted
under section 1342(b) of this title, (E) in approving or
promulgating any effluent limitation or other limitation under
section 1311, 1312, 1316, or 1345 of this title, (F) in issuing or
denying any permit under section 1342 of this title, and (G) in
promulgating any individual control strategy under section 1314(l)
of this title, may be had by any interested person in the Circuit
Court of Appeals of the United States for the Federal judicial
district in which such person resides or transacts business which
is directly affected by such action upon application by such
person. Any such application shall be made within 120 days from the
date of such determination, approval, promulgation, issuance or
denial, or after such date only if such application is based solely
on grounds which arose after such 120th day.
(2) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) of this subsection
shall not be subject to judicial review in any civil or criminal
proceeding for enforcement.
(3) Award of fees. - In any judicial proceeding under this
subsection, the court may award costs of litigation (including
reasonable attorney and expert witness fees) to any prevailing or
substantially prevailing party whenever it determines that such
award is appropriate.
(c) Additional evidence
In any judicial proceeding brought under subsection (b) of this
section in which review is sought of a determination under this
chapter required to be made on the record after notice and
opportunity for hearing, if any party applies to the court for
leave to adduce additional evidence, and shows to the satisfaction
of the court that such additional evidence is material and that
there were reasonable grounds for the failure to adduce such
evidence in the proceeding before the Administrator, the court may
order such additional evidence (and evidence in rebuttal thereof)
to be taken before the Administrator, in such manner and upon such
terms and conditions as the court may deem proper. The
Administrator may modify his findings as to the facts, or make new
findings, by reason of the additional evidence so taken and he
shall file such modified or new findings, and his recommendation,
if any, for the modification or setting aside of his original
determination, with the return of such additional evidence.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 509, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L.
93-207, Sec. 1(6), Dec. 28, 1973, 87 Stat. 906; Pub. L. 100-4,
title III, Sec. 308(b), title IV, Sec. 406(d)(3), title V, Sec.
505(a), (b), Feb. 4, 1987, 101 Stat. 39, 73, 75; Pub. L. 100-236,
Sec. 2, Jan. 8, 1988, 101 Stat. 1732.)


-MISC1-
AMENDMENTS
1988 - Subsec. (b)(3), (4). Pub. L. 100-236 redesignated par. (4)
as (3) and struck out former par. (3) relating to venue, which
provided for selection procedure in subpar. (A), administrative
provisions in subpar. (B), and transfers in subpar. (C).
1987 - Subsec. (b)(1). Pub. L. 100-4, Secs. 308(b), 406(d)(3),
505(a), substituted "transacts business which is directly affected
by such action" for "transacts such business", "120" for "ninety",
and "120th" for "ninetieth", substituted "1316, or 1345 of this
title" for "or 1316 of this title" in cl. (E), and added cl. (G).
Subsec. (b)(3), (4). Pub. L. 100-4, Sec. 505(b), added pars. (3)
and (4).
1973 - Subsec. (b)(1)(C). Pub. L. 93-207 substituted
"pretreatment" for "treatment".

EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-236 effective 180 days after Jan. 8,
1988, see section 3 of Pub. L. 100-236, set out as a note under
section 2112 of Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
33 USC Sec. 1370 01/19/04

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

-HEAD-
Sec. 1370. State authority

-STATUTE-
Except as expressly provided in this chapter, nothing in this
chapter shall (1) preclude or deny the right of any State or
political subdivision thereof or interstate agency to adopt or
enforce (A) any standard or limitation respecting discharges of
pollutants, or (B) any requirement respecting control or abatement
of pollution; except that if an effluent limitation, or other
limitation, effluent standard, prohibition, pretreatment standard,
or standard of performance is in effect under this chapter, such
State or political subdivision or interstate agency may not adopt
or enforce any effluent limitation, or other limitation, effluent
standard, prohibition, pretreatment standard, or standard of
performance which is less stringent than the effluent limitation,
or other limitation, effluent standard, prohibition, pretreatment
standard, or standard of performance under this chapter; or (2) be
construed as impairing or in any manner affecting any right or
jurisdiction of the States with respect to the waters (including
boundary waters) of such States.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 510, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 893.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1311, 1342 of this title.

-End-



-CITE-
33 USC Sec. 1371 01/19/04

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

-HEAD-
Sec. 1371. Authority under other laws and regulations

-STATUTE-
(a) Impairment of authority or functions of officials and agencies;
treaty provisions
This chapter shall not be construed as (1) limiting the authority
or functions of any officer or agency of the United States under
any other law or regulation not inconsistent with this chapter; (2)
affecting or impairing the authority of the Secretary of the Army
(A) to maintain navigation or (B) under the Act of March 3, 1899,
(30 Stat. 1112); except that any permit issued under section 1344
of this title shall be conclusive as to the effect on water quality
of any discharge resulting from any activity subject to section 403
of this title, or (3) affecting or impairing the provisions of any
treaty of the United States.
(b) Discharges of pollutants into navigable waters
Discharges of pollutants into the navigable waters subject to the
Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and
the Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C.
441-451b) shall be regulated pursuant to this chapter, and not
subject to such Act of 1910 and the Act of 1888 except as to effect
on navigation and anchorage.
(c) Action of the Administrator deemed major Federal action;
construction of the National Environmental Policy Act of 1969
(1) Except for the provision of Federal financial assistance for
the purpose of assisting the construction of publicly owned
treatment works as authorized by section 1281 of this title, and
the issuance of a permit under section 1342 of this title for the
discharge of any pollutant by a new source as defined in section
1316 of this title, no action of the Administrator taken pursuant
to this chapter shall be deemed a major Federal action
significantly affecting the quality of the human environment within
the meaning of the National Environmental Policy Act of 1969 (83
Stat. 852) [42 U.S.C. 4321 et seq.]; and
(2) Nothing in the National Environmental Policy Act of 1969 (83
Stat. 852) shall be deemed to -
(A) authorize any Federal agency authorized to license or
permit the conduct of any activity which may result in the
discharge of a pollutant into the navigable waters to review any
effluent limitation or other requirement established pursuant to
this chapter or the adequacy of any certification under section
1341 of this title; or
(B) authorize any such agency to impose, as a condition
precedent to the issuance of any license or permit, any effluent
limitation other than any such limitation established pursuant to
this chapter.
(d) Consideration of international water pollution control
agreements
Notwithstanding this chapter or any other provision of law, the
Administrator (1) shall not require any State to consider in the
development of the ranking in order of priority of needs for the
construction of treatment works (as defined in subchapter II of
this chapter), any water pollution control agreement which may have
been entered into between the United States and any other nation,
and (2) shall not consider any such agreement in the approval of
any such priority ranking.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 511, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L.
93-243, Sec. 3, Jan. 2, 1974, 87 Stat. 1069.)

-REFTEXT-
REFERENCES IN TEXT
Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3,
1899, ch. 425, 30 Stat. 1121, as amended, which enacted sections
401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and
687 of this title and amended section 686 of this title. For
complete classification of this Act to the Code, see Tables.
The Rivers and Harbors Act of 1910, referred to in subsec. (b),
probably means act June 23, 1910, ch. 359, 36 Stat. 593.
The Supervisory Harbors Act of 1888, referred to in subsec. (b),
probably means act June 29, 1888, ch. 496, 25 Stat. 209, as
amended, which is classified generally to subchapter III (Sec. 441
et seq.) of chapter 9 of this title. For complete classification of
this Act to the Code, see Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 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 4321 of Title 42 and Tables.


-MISC1-
AMENDMENTS
1974 - Subsec. (d). Pub. L. 93-243 added subsec. (d).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1341, 1382 of this title.

-End-



-CITE-
33 USC Sec. 1372 01/19/04

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

-HEAD-
Sec. 1372. Labor standards

-STATUTE-
The Administrator shall take such action as may be necessary to
insure that all laborers and mechanics employed by contractors or
subcontractors on treatment works for which grants are made under
this chapter shall be paid wages at rates not less than those
prevailing for the same type of work on similar construction in the
immediate locality, as determined by the Secretary of Labor, in
accordance with sections 3141-3144, 3146, and 3147 of title 40. The
Secretary of Labor shall have, with respect to the labor standards
specified in this subsection,(!1) the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and
section 3145 of title 40.


-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 513, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)

-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan Numbered 14 of 1950, referred to in text, is
Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64
Stat. 1267, which is set out in the Appendix to Title 5, Government
Organization and Employees.

-COD-
CODIFICATION
In text, "sections 3141-3144, 3146, and 3147 of title 40"
substituted for "the Act of March 3, 1931, as amended, known as the
Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., sec. 276a through
276a-5)" and "section 3145 of title 40" substituted for "section 2
of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C.
276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,
116 Stat. 1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1382 of this title.

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


-End-



-CITE-
33 USC Sec. 1373 01/19/04

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

-HEAD-
Sec. 1373. Public health agency coordination

-STATUTE-
The permitting agency under section 1342 of this title shall
assist the applicant for a permit under such section in
coordinating the requirements of this chapter with those of the
appropriate public health agencies.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 514, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)

-End-



-CITE-
33 USC Sec. 1374 01/19/04

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

-HEAD-
Sec. 1374. Effluent Standards and Water Quality Information
Advisory Committee

-STATUTE-
(a) Establishment; membership; term
(1) There is established an Effluent Standards and Water Quality
Information Advisory Committee, which shall be composed of a
Chairman and eight members who shall be appointed by the
Administrator within sixty days after October 18, 1972.
(2) All members of the Committee shall be selected from the
scientific community, qualified by education, training, and
experience to provide, assess, and evaluate scientific and
technical information on effluent standards and limitations.
(3) Members of the Committee shall serve for a term of four
years, and may be reappointed.
(b) Action on proposed regulations
(1) No later than one hundred and eighty days prior to the date
on which the Administrator is required to publish any proposed
regulations required by section 1314(b) of this title, any proposed
standard of performance for new sources required by section 1316 of
this title, or any proposed toxic effluent standard required by
section 1317 of this title, he shall transmit to the Committee a
notice of intent to propose such regulations. The Chairman of the
Committee within ten days after receipt of such notice maypublish (continued)