[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 365 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 365

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 SENATE OF THE UNITED STATES

             February 7 (legislative day, January 30), 1995

Mr. Brown (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 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. BIOLOGICAL MONITORING AT 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 requiring biological monitoring or whole 
        effluent toxicity testing and establishing a process or 
        protocols for the identification and reduction of the cause of 
        the whole effluent toxicity including procedures for ending the 
        identification and reduction of such toxicity if the source or 
        cause of the toxicity cannot be located.''.
    (b) 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''.
    (c) Use of Biological Monitoring or Whole Effluent Toxicity Testing 
at Publicly Owned Treatment Works.--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 at Publicly Owned Treatment Works.--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, whole 
effluent toxicity testing, or assessment methods as a term, condition, 
or limitation in a permit issued to a publicly owned treatment works 
pursuant to this section, such permit term, condition, or limitation 
shall be in accordance with section 303(c)(2) (B) and (C) of this Act, 
and the failure of a biological monitoring test or a whole effluent 
toxicity test at a publicly owned treatment works shall not result in a 
finding of violation under this Act.''.
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