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United States · Bill · S

S. 431 (98th)

Clean Water Act Amendments of 1983

openUnited States· United States Congress· EN

Introduced

3 February 1983

Last action

Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 394.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

Summary

Clean Water Act Amendments of 1983 - Amends the Clean Water Act ("the Act") to extend the authorization of appropriations for specified programs under the Act through FY 1987. Directs the Administrator of the Environmental Protection Agency, at the request of the Governor of a State affected by the interstate management plan developed under the Chesapeake Bay program, to make a grant to implement management mechanisms in the plan if the State has, within one year after the date of enactment of this Act, approved and committed to implement all or substantially all aspects of the plan. Limits such grants to 55 percent of the plan implementation costs in any year and requires State expenditure of non-Federal funds to cover at least 45 percent of such costs during such fiscal year. Directs the Administrator to continue the Chesapeake Bay program for: (1) assessing the relationship between point and nonpoint source pollution and the impact of such pollution on water quality; and (2) research on the impact of pollutant loadings, particularly nutrients, on bay fisheries resources (with special attention to be given to the striped bass). Directs the Administrator to immediately begin to: (1) assess the principal factors having an adverse effect on the environmental quality of Narragansett Bay, as perceived by both scientists and users; and (2) direct and coordinate, subsequent to a review of presently ongoing research, research and abatement programs that will most efficiently address those factors. Directs the Administrator to: (1) analyze all environmental sampling data presently being collected on Narragansett Bay and undertake methods of improving such data collection; (2) establish a continuing capacity for collecting, storing, analyzing, and disseminating such data; (3) institute a sampling program where present programs are deficient; (4) determine what units of government have management responsibility for the environmental quality of the bay and how such responsibility can be structured to improve coordination among units of government, research and educational institutions, and concerned groups and individuals. Authorizes appropriations for FY 1983 through 1987 to carry out Chesapeake and Narragansett Bays programs. Extends compliance dates for: (1) dischargers of certain listed toxic pollutants to achieve best available technology, until three years after criteria are promulgated, but in no case later than July 1, 1987; (2) dischargers of identified conventional pollutants to achieve best conventional technology, until July 1, 1987; and (3) dischargers of nonconventional pollutants to achieve best available technology, until three years after limitations are established, or three years after January 1, 1983, whichever is later but in no case later than July 1, 1987. Revises "ocean waiver" provisions relating to issuance of permits with modified secondary treatment requirements with respect to an existing pollutant discharge from a publicly owned treatment works into marine waters. Requires a demonstration that the permit applicant is: (1) in compliance with all applicable pretreatment requirements for sources introducing waste into such treatment works; and (2) currently discharging effluent which has received primary physical and other treatment to control pathogens. Requires that revised or new water quality standards maintain as a minimum use the designated use existing on January 1, 1983. Directs the Administrator, in order to carry out the alternative local pretreatment system provided for in this Act, to publish, within 60 days after the date of enactment of this Act, a listing of all pollutants covered by categorical pretreatment standards issued, or expected to be issued, under the Act; (2) guidelines on the nature, extent, and frequency of monitoring necessary to comply with permit application requirements for such alternative system; and (3) a determination, for each pollutant listed, whether applicants shall be required to develop and submit numerical limits for any pollutant introduced into such local treatment works, as substitutes for categorical pretreatment standards. Directs the Administrator to require such numerical limits whenever the amount and concentration of a pollutant introduced by sources into publicly owned treatment works interferes with, passes through, or otherwise is incompatible with such works. Revises pretreatment provisions to authorize the Administrator, or a State with an approved program, after notice and opportunity for public hearing, to modify a permit so as to allow treatment works to establish and implement an alternative local pretreatment system under specified conditions. Sets forth preapplication and application requirements for such permit modifications. Sets forth provisions for approval or denial of such applications, and for supplemental applications. Provides that, if a compliance discharger of conventional pollutants is in with all applicable requirements of approved local pretreatment programs as a substitute for municipal treatment adequate to meet treatment works permit requirements under the national pollutant discharge elimination system (NPDES), the Administrator shall not require, as a condition for a permit under NPDES, pretreatment of such conventional pollutants by such discharger. Includes violations of alternative local pretreatment system requirements under provisions for citizen suits. Increases civil penalties for specified violations (from a $10,000 per day limit to a $25,000 per day limit). Authorizes the Administrator to approve a submissions by a Governor of a plan to administer part of an NPDES state permit program, under specified conditions. Authorizes the court,in a judicial review of the Administrator's actions under the Act, to award costs of litigation to a prevailing or substantially prevailing party whenever it determines that such award is appropriate. Directs the Administrator, within two years after the date of enactment of this Act and within five years after the date of promulgation of pretreatment standards, to submit reports to the Congress on hazardous wastes identified or listed under specified provisions of the Solid Waste Disposal Act which are excluded from regulation under hazardous waste management provisions of such Act (under regulations exempting mixtures of domestic sewage and other wastes that pass through a sewer system to a publicly owned treatment works for treatment). Requires that such report: (1) specify the types and quantities of such hazardous wastes which are exempted pursuant to such regulations; and (2) include recommendations respecting whether or not other provisions of law applicable to such mixtures are adequate to protect human health and the environment from the hazards associated with such wastes or whether regulation of such mixtures under the hazardous waste management provisions of such Act is necessary. Directs the Administrator, in consultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, to study the effects and methods of control of pollution from nonpoint sources and report to the Congress within one year after the enactment of this Act.

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