[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Introduced in Senate (IS)]

  1st Session
                                S. 1391

   To amend the Federal Water Pollution Control Act to prohibit the 
  imposition of any civil or administrative penalty against a unit of 
local government for a violation of the Act when a compliance plan with 
     respect to the violation is in effect, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 1995

 Mr. Pressler (for himself and Mr. Campbell) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to prohibit the 
  imposition of any civil or administrative penalty against a unit of 
local government for a violation of the Act when a compliance plan with 
     respect to the violation is in effect, 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. WAIVER OF PENALTIES WHEN FEDERAL WATER POLLUTION CONTROL ACT 
              COMPLIANCE PLANS ARE IN EFFECT.

    Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 
1319) is amended by adding at the end the following:
    ``(h) Waiver of Penalties When Compliance Plans Are in Effect.--
            ``(1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of this Act, no civil or 
        administrative penalty may be imposed under this Act against a 
        unit of local government for a violation of a provision of this 
        Act (including a violation of a condition of a permit issued 
        under this Act)--
                    ``(A) if the unit of local government has entered 
                into an agreement with the Administrator, the Secretary 
                of the Army (in the case of a violation of section 
                404), or the State to carry out a compliance plan with 
                respect to a prior violation of the provision by the 
                unit of local government; and
                    ``(B) during the period--
                            ``(i) beginning on the date on which the 
                        unit of local government and the Administrator, 
                        the Secretary of the Army (in the case of a 
                        violation of section 404), or the State enter 
                        into the agreement; and
                            ``(ii) ending on the date on which the unit 
                        of local government is required to be in 
                        compliance with the provision under the plan.
            ``(2) Requirement of good faith.--Paragraph (1) shall not 
        apply during any period in which the Administrator, the 
        Secretary of the Army (in the case of a violation of section 
        404), or the State determines that the unit of local government 
        is not carrying out the compliance plan in good faith.
            ``(3) Other enforcement.--A waiver of penalties provided 
        under paragraph (1) shall not apply with respect to a violation 
        of any provision of this Act other than the provision that is 
        the subject of the agreement described in paragraph (1)(A).''.
                                 <all>