[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2207 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2207



To amend the Federal Water Pollution Control Act concerning a proposal 
  to construct a deep ocean outfall off the coast of Mayaguez, Puerto 
                                 Rico.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1997

Mr. Romero-Barcelo (for himself and Mr. Young of Alaska) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act concerning a proposal 
  to construct a deep ocean outfall off the coast of Mayaguez, Puerto 
                                 Rico.

    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 ``Mayaguez, Puerto Rico, Deep Ocean 
Outfall Act of 1997''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The existing discharge from the Mayaguez publicly owned 
        treatment works is to the stressed waters of Mayaguez Bay, an 
        area containing severely degraded coral reefs, and relocation 
        of that discharge to unstressed ocean waters could benefit the 
        marine environment.
            (2) The Federal Water Pollution Control Act should, 
        consistent with the environmental goals of the Act, be 
        administered with sufficient flexibility to take into 
        consideration the unique characteristics of Mayaguez, Puerto 
        Rico.
            (3) Scientific evidence suggests that some deep ocean areas 
        off the coastline of Mayaguez, Puerto Rico, might be able to 
        receive a less-than-secondary sewage discharge while still 
        maintaining healthy and diverse marine life.
            (4) A properly designed and operated deep ocean outfall off 
        the coast of Mayaguez, Puerto Rico, coupled with other 
        pollution reduction activities in the Mayaguez Watershed could 
        help promote the environmental goals of the Federal Water 
        Pollution Control Act without the need for more costly 
        secondary treatment.
            (5) The owner or operator of the Mayaguez publicly owned 
        treatment works should be afforded an opportunity to make the 
        necessary scientific studies and submit an application 
        proposing use of a deep ocean outfall for review by the 
        Administrator of the Environmental Protection Agency under 
        section 301(h) of the Federal Water Pollution Control Act.

SEC. 3. PURPOSE.

    The purpose of this Act is to allow the Mayaguez, Puerto Rico, 
publicly owned treatment works (NPDES permit number PR0023795) to apply 
for a waiver of the secondary treatment requirements of section 
301(b)(1)(B) of the Federal Water Pollution Control Act based upon 
construction of a deep ocean outfall and compliance with the 
requirements of section 301(h) of the Federal Water Pollution Control 
Act and corresponding support for activities to help protect and 
restore the Mayaguez Watershed.

SEC. 4. APPLICATION FOR SECONDARY TREATMENT WAIVERS FOR MAYAGUEZ, 
              PUERTO RICO, DEEP OCEAN OUTFALL.

    Section 301 of the Federal Water Pollution Control Act (33 U.S.C. 
1311) is amended by adding at the end the following:
    ``(q) Application for Waivers.--
            ``(1) Studies.--Not later than 3 months after the date of 
        the enactment of this subsection, the owner or operator of the 
        Mayaguez, Puerto Rico, publicly owned treatment works may 
        initiate, expand, or continue a study of the marine environment 
        of coastal areas in the Mayaguez area to determine the 
        feasibility of constructing a deep ocean outfall for the 
        Mayaguez treatment works. Such study may recommend one or more 
        technically feasible and environmentally acceptable locations 
        for a deep ocean outfall intended to meet the requirements of 
        subsection (h). Any such recommendations shall ensure use of a 
        well-designed and operated diffuser that discharges into 
        unstressed ocean waters and is situated so as to avoid 
        discharge (or transport of discharged pollutants) to coral 
        reefs, other sensitive marine resources or recreational areas, 
        and shorelines.
            ``(2) Section 301(h) application for mayaguez, puerto 
        rico.--Notwithstanding subsection (j)(1)(A), not later than 18 
        months after the date of the enactment of this subsection, an 
        application may be submitted for a modification pursuant to 
        subsection (h) of the requirements of subsection (b)(1)(B) by 
        the owner or operator of the Mayaguez, Puerto Rico, publicly 
        owned treatment works at a location recommended in a study 
        conducted pursuant to paragraph (1). Such application shall not 
        be subject to the application revision procedures of subpart G 
        of part 125 of title 40, Code of Federal Regulations. No such 
        application may be filed unless and until the applicant has 
        entered into a binding consent decree with the United States 
        that includes, at a minimum, the following:
                    ``(A) A schedule and milestones to ensure 
                expeditious compliance with the requirements of 
                subsection (b)(1)(B) in the event the requested 
                modification is denied, including interim effluent 
                limits and design activities to be undertaken while the 
                application is pending.
                    ``(B) A schedule and interim milestones to ensure 
                expeditious compliance with the requirements of any 
                modification of subsection (b)(1)(B) in the event the 
                requested modification is approved.
                    ``(C) A commitment by the applicant to contribute 
                not less than $400,000 to the Mayaguez Watershed 
                Initiative in accordance with such schedules as may be 
                specified in the consent decree.
            ``(3) Initial determination.--On or before the 270th day 
        after the date of submittal of an application under paragraph 
        (2) that has been deemed complete by the Administrator, the 
        Administrator shall issue to the applicant a tentative 
        determination regarding the requested modification.
            ``(4) Final determination.--On or before the 270th day 
        after the date of issuance of the tentative determination under 
        paragraph (3), the Administrator shall issue a final 
        determination regarding the modification.
            ``(5) Effectiveness.--If a modification is granted pursuant 
        to an application submitted under this subsection, such 
        modification shall be effective only if the new deepwater ocean 
        outfall is operational on or before the date that is 4\1/2\ 
        years after the date of the Administrator's initial tentative 
        determination on the application.
            ``(6) Payment and use of application fee.--At the time an 
        application is submitted under paragraph (2), the applicant 
        shall submit a certified or cashiers check in the amount of 
        $100,000 payable to `Administrator, United States Environmental 
        Protection Agency'. Such funds shall be deposited into a 
        special account of the United States Treasury and shall be 
        available, without further appropriation, for use by the 
        Administrator to defray the costs (including salaries and 
        benefits, supplies and equipment, contractor technical support, 
        and travel) associated with the review of the application, 
        preparation of determinations on the application, and 
        preparation of related legal or technical documents. Amounts 
        deposited into the special account shall remain available until 
        expended for use in accordance with this section. Upon 
        completion of the application review process, any amounts 
        remaining in the account may be used by the Administrator to 
        enter into a cooperative agreement or contract, or to provide 
        financial assistance in the form of a grant, to support 
        projects for the environmental enhancement of the Mayaguez 
        Watershed.''.
                                 <all>