[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3213 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3213

To amend the Federal Water Pollution Control Act to provide for the use 
     of biological monitoring and whole effluent toxicity tests in 
connection with publicly owned treatment works, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 1993

Mr. Hefley (for himself, Mr. Pastor, Mr. Kyl, Mr. Schaefer, Mr. Skeen, 
and Mr. Doolittle) introduced the following bill; which was referred to 
            the Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to provide for the use 
     of biological monitoring and whole effluent toxicity tests in 
connection with publicly owned treatment works, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Publicly Owned Treatment Works 
Biological Monitoring Use Act''.

SEC. 2. USE OF BIOLOGICAL MONITORING FOR PUBLICLY OWNED TREATMENT 
              WORKS.

    (a) Section 303(c)(2)(B) of the Federal Water Pollution Control Act 
is amended by striking at the end thereof, the ``.'' and inserting a 
``:'', and adding the following: ``Provided, That for publicly owned 
treatment works, nothing in this Act shall be construed to authorize 
the use of effluent limitations which result in the finding of a 
violation upon failure of whole effluent toxicity tests or biological 
monitoring tests.
            ``(C) Where the permitting authority determines that the 
        discharge of a publicly owned treatment works causes, has the 
        reasonable potential to cause, or contributes to an in-stream 
        excursion above a narrative or numeric criterion for whole 
        effluent toxicity, the permit shall contain terms, conditions 
        or limitations for biological monitoring or whole effluent 
        toxicity tests which shall provide for the following process:
                    ``(i) The conduct of periodic biological monitoring 
                or whole effluent toxicity tests.
                    ``(ii) Procedures for the identification and 
                reduction of the cause of the whole effluent toxicity 
                if such toxicity is determined to exist.
                    ``(iii) The control of the toxicity in accordance 
                with a reasonable schedule based on the relative 
                importance of, and adverse impacts on, receiving waters 
                and designated uses, and the permittee's financial 
                capability.
                    ``(iv) Procedures for ending the identification and 
                reduction of the whole effluent toxicity if the source 
                or cause of the toxicity can not be located or 
                resolved.
                    ``(v) Compliance with all other remaining permit 
                terms and conditions.''.
Subsequent paragraphs shall be renumbered accordingly.
    (b) More Stringent State Limitations.--Section 301(b)(1)(C) of the 
Federal Water Pollution Control Act (33 U.S.C. 1311(b)(1)(C)) is 
amended by inserting ``or permit condition'' after ``limitation''.
    (c) Information on Water Quality Criteria.--Section 304(a)(8) of 
the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(8)) is 
amended by inserting ``, consistent with section 303(c)(2) (B) and (C) 
of this Act,'' after ``publish''.
    (d) Use of Biological Monitoring or Whole Effluent Toxicity 
Testing.--Section 402 of the Federal Water Pollution Control Act is 
amended by adding the following new section at the end thereof:
    ``(q) Use of Biological Monitoring or Whole Effluent Toxicity 
Testing.--Where the Administrator determines that it is necessary in 
accordance with section 303(c)(2) (B) and (C) of this Act to include 
biological monitoring, tests or assessment methods or whole effluent 
toxicity tests as a term or condition in a permit issued to a publicly 
owned treatment works pursuant to this section, such permit terms and 
conditions shall be in accordance with section 303(c)(2)(C) of this 
Act, and the failure of biological monitoring tests or whole effluent 
toxicity tests shall not result in a finding of violation.''.
    (e) Effluent Limitation Defined.--Section 502(11) of the Federal 
Water Pollution Control Act (33 U.S.C. 1362(11)) is amended to read as 
follows:
            ``(11) The terms `effluent limitation' and `effluent limit' 
        shall mean 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 as established through permit 
        conditions, enforcement orders, or consent decrees.''.

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