AN ACT To amend the Clean Water Act, 1985

/

RECEIVED

rJOL 11

1985

IN THE SENATE OF THE UNITED STATES

,JUNE 13 (legislatiYe d:1y, .Ju:s:E 3), 1985 Ordered to be printed as passed

AN ACT

To amend the Clean \Vater Act, and for other purposes.

1 Be it enacted by the Senate and House of Represe

nla-2 tives of the United States of America in Congress assembl,ed,

3 That this Act may be cited as the "Clean Water Act Amend-4 ments of 1985".

5 TITLE I-REGULATORY AMENDMENTS

6 AlTHORIZATION

7 SEC. 101. (a) Section lQ-l(u)(l) of the Clean 'Nater Act 8 is amended by inserting immediately following "1982" the 9 phrase ", and not to exceed $22, 770,000 per fiscal year for 10 the fiscal years ending September 30, 1986, September 30, 11 1987, September 30, 1988, and September 30, 1989".

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1 INTERSTATE DISPUTE RESOLUTION

2 SEC. 118. (a) Section 402(d)(2) of the Clean \Vater Act 3 is amended by inserting "(A)" after "(2)", by striking "(A)" 4 and "(B)" and inserting in lieu thereof "(i)" and "(ii)" respec-5 tively, and by adding the following subparagraph:

6 "(B) In the case of the failure of any State to accept the 7 recommendations of another State whose waters may be af-8 fected by the issuance of a permit, submitted in accordance 9 with subsection (b)(5), the Administrator shall determine 10 within 90 days following written objection to the Administra-11 tor by the State whose recommendations were not accepted, 12 whether any substantial violation of a water quality require-13 ment (including any standard) of the affected State or adverse 14 effect on public health of the affected State will result from 15 the issuance of such permit. If the Administrator so deter-16 mines, the Administrator shall object to the issuance of such 17 permit or provide specific modifications to such permit. Any 18 such determination shall be pro'ided in writing to the affect-19 ed State and such determination or such objection shall be 20 reviewable in the appropriate Circuit Court of Appeals under 21 section 509(b) of this Act as the issuance or denial of a 22 permit under section 402.''.

23 (b) Section 402(b)(l) of the Clean Water Act is amended 24 by adding the following:

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1 "(E) shall be reconsidered for termination or rnodifica-2 tion at any time a State other than that in which the source 3 is located provides notice that the permitted discharge is 4 causing a substantial violation of a water quality requirement 5 (including any standard) of such State or adversely affecting 6 the public health of such State and seeks a modification of 7 such permit;''.

8 (c) Section 511 of the Clean Y..l ater Ac is amended by 9 adding a new subsection (e) as follows:

10 "(e) Any State or municipality the ,,·ater quality of 11 which is adversely affected by pollutants from another State 12 may petition the Administrator who, upon determining on the

13 record after opportunity for Agency h~aring pursuant to 5 14 U.S.C. 554, 556, and 557 that such pollution is cat:sing a

15 substantial violation of a water quali~y requirement (including 16 any standard) of such State or adversely affecting the public 17 health of such State, shall issue an order ,-vithin 90 days re-18 straining any person causing ..or -contributing to such pollution

19 or providing such other relief as is appropriate, taking into

20 account the goals and requirements of this Act and other 21 equitable considerations. In no case shall such order or other 22 relief based solely on this subsection supersede or abrogate 23 rights to quantities of water which have been established by 24 interstate water compacts, Supreme Court decrees, or State 25 water laws. This subsection shall not apply in any case in

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1 which section 402(d)(2)(R) or section 402(b)(1 )(F) is available, 2 nor shall this subsection or section 402(d)(2)(B) or section 3 402(b)(l)(E) apply to any pollution which is subject to the 4 Colorado River Basin Salinity Control Act, nor to any water 5 pollution which results from emissions from mobile or station-6 ary sources which are regulated under the Clean Air Act.".