[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3948 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3948

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

                             August 1, 1996

  Mr. Hefley introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 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.

    (a) Laboratory Biological Monitoring Criteria.--Subparagraph (B) of 
section 303(c)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
1313(c)(2)) is amended--
            (1) by inserting ``Criteria for toxic pollutants.--'' after 
        ``(B)'';
            (2) by moving such subparagraph 4 ems to the right;
            (3) by inserting after the third sentence the following: 
        ``Criteria for whole effluent toxicity based on laboratory 
        biological monitoring or assessment methods shall employ an 
        aquatic species that is indigenous to the type of waters, a 
        species that is representative of such a species, or an 
        appropriate species that indicates the toxicity of the effluent 
        in the receiving waters and shall take into account the 
        accepted analytical variability associated with such methods in 
        defining an exceedance of such criteria.''.
    (b) Permit Procedures.--Section 402 of such Act (33 U.S.C. 1342) is 
amended by adding at the end the following:
    ``(q) Biological Monitoring Procedures.--
            ``(1) Responding to exceedances.--If a permit issued under 
        this section contains terms, conditions, or limitations 
        requiring biological monitoring or whole effluent toxicity 
        testing designed to meet criteria for whole effluent toxicity 
        based on laboratory biological monitoring or assessment methods 
        described in section 303(c)(2)(B), the permit shall establish 
        procedures for responding to an exceedance of such criteria 
        that includes analysis, identification, reduction, or, where 
        feasible, elimination of any effluent toxicity. The failure of 
        a biological monitoring test or whole effluent toxicity test 
        shall not result in a finding of a violation under this Act, 
        unless it is demonstrated that the permittee has failed to 
        comply with such procedures.
            ``(2) Discontinuance of use.--The permit shall allow the 
        permittee to discontinue such procedures--
                    ``(A) if the permittee is an entity, other than a 
                publicly owned treatment works, if the permittee 
                demonstrates to the permitting authority through a 
                field bioassessment study that a balanced and healthy 
                population of aquatic species indigenous to the type of 
                waters exists in the waters that are affected by the 
                discharge, and if the applicable numerical water 
                quality standards for specific pollutants are met for 
                such waters; or
                    ``(B) if the permittee is a publicly owned 
                treatment works--
                            ``(i) if the source or cause of such 
                        toxicity cannot, after thorough investigation, 
                        be identified; or
                            ``(ii) if the permittee makes to the 
                        permitting authority a demonstration described 
                        in subparagraph (A).''.
    (c) Information on Water Quality Criteria.--Section 304(a)(8) of 
such Act (33 U.S.C. 1314(a)(8)) is amended--
            (1) by striking ``, after'' and all that follows through 
        ``1987,''; and
            (2) by inserting after ``publish'' the following: ``, 
        consistent with section 303(c)(2)(B) of this Act,''.
                                 <all>