3.0.0 3544 2020-02-14T19:19:56Z 2020-02-14T19:19:56Z House H HR 2011-12-01 112 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. McCLINTOCK:H.R. 3544.Congress has the power to enact this legislation pursuantto the following:Article I Section 1; and Article I, Section 8, Clause 18 ofthe Constitution of the United States of America.[Page H8076]]]> hspw00 Transportation and Infrastructure Committee House Standing hspw02 Water Resources and Environment Subcommittee Referred to 2011-12-02T22:14:20Z Referred to 2011-12-01T15:01:50Z 2011-12-02 hspw02 Water Resources and Environment Subcommittee 1 House committee actions Referred to the Subcommittee on Water Resources and Environment. Committee 2011-12-01 Referred to the House Committee on Transportation and Infrastructure. IntroReferral H11100 2 House floor actions hspw00 Transportation and Infrastructure Committee 2011-12-01 Introduced in House IntroReferral Intro-H 9 Library of Congress 2011-12-01 Introduced in House IntroReferral 1000 9 Library of Congress M001177 Rep. McClintock, Tom [R-CA-4] Tom McClintock R CA 4 N Environmental Protection Administrative law and regulatory procedures Administrative remedies Civil actions and liability Environmental Protection Agency (EPA) Environmental regulatory procedures Evidence and witnesses Legal fees and court costs Licensing and registrations Pollution liability Water quality Environmental Protection 00 2011-12-01 Introduced in House 2012-04-04T22:06:58Z Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW): (1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance document entitled "A General Design for SNC Redefinition Enhancement in PCS," or (2) that is in significant non-compliance based on a manual designation as defined by such guidance document.

Prohibits liability for an unlawful discharge of a pollutant from a POTW for a person who can establish by a preponderance of the evidence that the immediate cause of such discharge and any damages was: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party other than an employee or agent of such person or one whose act or omission occurs in connection with a contractual relationship with such person, if such person exercised due care and took precautions against foreseeable acts or omissions of such third party and the consequences that could foreseeably result from such acts or omissions.

Requires the Administrator of EPA or a state to provide a 60-day waiting period between the notice of a violation of such Act by a POTW and the issuance of a civil penalty. Prohibits the Administrator from assessing a penalty for a violation if the POTW submits a viable plan for correcting the non-compliance within such period and thereafter implements such plan.

Requires any permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to have a 15-year (currently five-year) term.

Limits attorney fees with respect to actions involving POTWs to the prevailing fees in the community.

Requires any new or increased treatment requirement associated with a permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to be subject to a cost-benefit analysis.]]>

To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes. Display Title To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes. Official Title as Introduced To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes. Introduced in House 2011-12-01T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr3544ih/xml/BILLS-112hr3544ih.xml 2011-12-02 Referred to the Subcommittee on Water Resources and Environment. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.