[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 645 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 645

    To amend the Federal Water Pollution Control Act to improve the 
                  enforcement and compliance programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1997

    Mr. Lautenberg (for himself and Mr. Torricelli) 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 improve the 
                  enforcement and compliance programs.

    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 ``Clean Water Enforcement and 
Compliance Improvement Act of 1997''.

SEC. 2. FINDINGS.

    (a) In General.--Congress finds that--
            (1) a significant number of persons who have been issued 
        permits under section 402 of the Federal Water Pollution 
        Control Act are in violation of such permits;
            (2) current enforcement programs of the Administrator of 
        the Environmental Protection Agency and the States fail to 
        address violations of such permits in a timely and effective 
        manner;
            (3) full, accurate and prompt reporting of possible 
        violations of the Federal Water Pollution Control Act is 
        necessary for implementation and well served by assuring that 
        good faith reporters of possible violations are protected 
        against adverse personnel actions;
            (4) often violations of such permits continue for a 
        considerable period of time, yielding significant economic 
        benefits for the violator and thus penalizing similar 
        facilities which act lawfully;
            (5) penalties assessed and collected by the Administrator 
        from violators of such permits are often less than the economic 
        benefit gained by the violator;
            (6) swift and timely enforcement by the Administrator and 
        the States of violations of such permits is necessary to 
        increase levels of compliance with such permits; and
            (7) actions of private citizens have been effective in 
        enforcing such permits and directing funds to environmental 
        mitigation projects with over $12.8 million in penalties and 
        interest having been recovered and deposited with the Treasury 
        of the United States over the fiscal years 1990 through 1994.
    (b) Finding With Respect to Harm Caused by Violations.--Section 101 
of the Federal Water Pollution Control Act (33 U.S.C. 1251) is amended 
by adding at the end the following:
    ``(h) Finding With Respect to Harm Caused by Violations.--Congress 
finds that a discharge which results in a violation of this Act or a 
regulation, standard, limitation, requirement, or order issued pursuant 
to this Act interferes with the restoration and maintenance of the 
chemical, physical, and biological integrity of any waters into which 
the discharge flows (either directly or through a publicly owned 
treatment works), including any waters into which the receiving waters 
flow, and, therefore, harms those who use or enjoy such waters and 
those who use or enjoy nearby lands or aquatic resources associated 
with those waters.
    ``(i) Finding With Respect to Citizen Suits.--Congress finds that 
citizen suits are a valuable means of enforcement of this Act and urges 
the Administrator to take actions to encourage such suits, including 
providing information concerning violators to citizen groups to assist 
them in bringing suits, providing expert witnesses and other evidence 
with respect to such suits, and filing amicus curiae briefs on 
important issues related to such suits.''.

SEC. 3. VIOLATIONS OF REQUIREMENTS OF LOCAL CONTROL AUTHORITIES.

    Section 307(d) of Federal Water Pollution Control Act (33 U.S.C. 
1317(d)) is amended to read as follows:
    ``(d) Violations.--After the date on which (1) any effluent 
standard or prohibition or pretreatment standard or requirement takes 
effect under this section, or (2) any requirement imposed in a 
pretreatment program under section 402(a)(3) or 402(b)(8) of this Act 
takes effect, it shall be unlawful for any owner or operator of any 
source to operate such source in violation of the effluent standard, 
prohibition, pretreatment standard, or requirement.''.

SEC. 4. INSPECTIONS, MONITORING, AND PROVIDING INFORMATION.

    (a) Applicability of Requirements.--Section 308(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1318(a)) is amended by striking 
``the owner or operator of any point source'' and inserting ``a person 
subject to a requirement of this Act''.
    (b) Public Access to Information.--The first sentence of section 
308(b) of such Act is amended--
            (1) by inserting ``(including information contained in the 
        Permit Compliance System of the Environmental Protection 
        Agency)'' after ``obtained under this section'';
            (2) by inserting ``made'' after ``shall be''; and
            (3) by inserting ``by computer telecommunication and other 
        means for a period of at least 10 years'' after ``public'' the 
        first place it appears.
    (c) Public Information.--Section 308 of such Act is further amended 
by adding at the end the following:
    ``(e) Public Information.--
            ``(1) Posting of notice of polluted waters.--At each major 
        point of public access (including, at a minimum, beaches, 
        parks, recreation areas, marinas, and boat launching areas) to 
        a body of navigable water that does not meet an applicable 
        water quality standard or that is subject to a fishing and 
        shell fishing ban, advisory, or consumption restriction (issued 
        by a Federal, State, or local authority) due to fish or 
        shellfish contamination, the State within which boundaries all 
        or any part of such body of water lies shall, either directly 
        or through local authorities, post and maintain a clearly 
        visible sign which--
                    ``(A) indicates the water quality standard that is 
                being violated or the nature and extent of the 
                restriction on fish or shellfish consumption, as the 
                case may be;
                    ``(B) includes (i) information on the environmental 
                and health effects associated with the failure to meet 
such standard or with the consumption of fish or shellfish subject to 
the restriction, and (ii) a phone number for obtaining additional 
information relating to the violation and restriction; and
                    ``(C) will be maintained until the body of water is 
                in compliance with the water quality standard or until 
                all fish and shellfish consumption restrictions are 
                terminated with respect to the body of water, as the 
                case may be.
            ``(2) Notice of discharges to navigable waters.--Except for 
        permits issued to municipalities for discharges composed 
        entirely of stormwater under section 402 of this Act, each 
        permit issued under section 402 by the Administrator or by a 
        State shall ensure compliance with the following requirements:
                    ``(A) Every permittee shall conspicuously maintain 
                at all public entrances to the facility a clearly 
                visible sign which indicates that the facility 
                discharges pollutants into navigable waters and the 
                location of such discharges; the name, business 
                address, and phone number of the permittee; the permit 
                number; and a location at which a copy of the permit 
                and public information required by this paragraph is 
                maintained and made available for inspection or a phone 
                number for obtaining such information.
                    ``(B) Each permittee which is a publicly owned 
                treatment works shall include in each quarterly mailing 
                of a bill to each customer of the treatment works 
                information which indicates that the treatment works 
                discharges pollutants into the navigable waters and the 
                location of each of such discharges; the name, business 
                address and phone number of the permittee; the permit 
                number; a location at which a copy of the permit and 
                public information required by this paragraph is 
                maintained and made available for inspection or a phone 
                number for obtaining such information; and a list of 
                all violations of the requirements of the permit by the 
                treatment works over the preceding 12-month period.
            ``(3) Regulations.--
                    ``(A) Issuance.--The Administrator--
                            ``(i) not later than 6 months after the 
                        date of the enactment of this subsection, shall 
                        propose regulations to carry out this 
                        subsection; and
                            ``(ii) not later than 18 months after such 
                        date of enactment, shall issue such 
                        regulations.
                    ``(B) Content.--The regulations issued to carry out 
                this subsection shall establish--
                            ``(i) uniform requirements and procedures 
                        for identifying and posting bodies of water 
                        under paragraph (1);
                            ``(ii) minimum information to be included 
                        in signs posted and notices issued pursuant to 
                        this subsection;
                            ``(iii) uniform requirements and procedures 
                        for fish and shellfish sampling and analysis;
                            ``(iv) uniform requirements for determining 
                        the nature and extent of fish and shellfish 
                        bans, advisories, and consumption restrictions 
                        which--
                                    ``(I) address cancer and noncancer 
                                human health risks;
                                    ``(II) take into account the 
                                effects of all fish and shellfish 
                                contaminants, including the cumulative 
                                and synergistic effects;
                                    ``(III) assure the protection of 
                                subpopulations who consume higher than 
                                average amounts of fish and shellfish 
                                or are particularly susceptible to the 
                                effects of such contamination;
                                    ``(IV) address race, gender, ethnic 
                                composition, or social and economic 
                                factors, based on the latest available 
                                studies of national or regional 
                                consumption by and impacts on such 
                                subpopulations unless more reliable 
                                site-specific data is available;
                                    ``(V) are based on a margin of 
                                safety that takes into account the 
                                uncertainties in human health impacts 
                                from such contamination; and
                                    ``(VI) evaluate assessments of 
                                health risks of contaminated fish and 
                                shellfish that are used in pollution 
                                control programs developed by the 
                                Administrator under this Act.''.
    (d) State Reports.--Section 305(b)(1) of such Act (33 U.S.C. 
1315(b)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) a list identifying bodies of water for which 
                signs were posted under section 308(e)(1) in the 
                preceding year and the reason or reasons for such 
                posting.''.

SEC. 5. CIVIL PENALTIES.

    (a) Enforcement of Local Pretreatment Requirements.--
            (1) Compliance orders.--
                    (A) Initial action.--Section 309(a)(1) of the 
                Federal Water Pollution Control Act (33 U.S.C. 
                1319(a)(1)) is amended by inserting after ``404 of this 
                Act,'' the following: ``or is in violation of any 
                requirement imposed in a pretreatment program approved 
                under section 402(a)(3) or 402(b)(8) of this Act,''.
                    (B) Issuance of orders.--Section 309(a)(3) of such 
                Act is amended by inserting after ``404 of this Act by 
                a State,'' the following: ``or is in violation of any 
                requirement imposed in a pretreatment program approved 
                under section 402(a)(3) or 402(b)(8) of this Act,''.
            (2) Criminal penalties.--Section 309(c)(3)(A) of such Act 
        is amended by inserting after ``Army or by a State,'' the 
        following: ``or knowingly violates any requirement imposed in a 
        pretreatment program approved under section 402(a)(3) or 
        402(b)(8) of this Act,''.
            (3) Administrative penalties.--Section 309(g)(1)(A) of such 
        Act is amended by inserting after ``404 by a State,'' the 
        following: ``or has violated any requirement imposed in a 
        pretreatment program approved under section 402(a)(3) or 
        402(b)(8) of this Act or an order issued by the Administrator 
        under subsection (a) of this section,''.
    (b) Treatment of Single Operational Upsets.--
            (1) Criminal penalties.--Section 309(c) of such Act is 
        amended by striking paragraph (5) and redesignating paragraphs 
        (6) and (7) as paragraphs (5) and (6), respectively.
            (2) Civil penalties.--Section 309(d) of such Act is amended 
        by striking the last sentence.
            (3) Administrative penalties.--Section 309(g)(3) of such 
        Act is amended by striking the last sentence.
    (c) Use of Civil Penalties for Mitigation Projects.--
            (1) In general.--Section 309(d) of such Act is amended by 
        inserting after the second sentence the following: ``The court 
        may, in the court's discretion, order that a civil penalty be 
        used for carrying out mitigation projects which are consistent 
        with the purposes of this Act and which enhance the public 
        health or environment.''.
            (2) Conforming amendment.--Section 505(a) of such Act (33 
        U.S.C. 1365(a)) is amended by inserting before the period at 
        the end of the last sentence the following: ``, including 
        ordering the use of a civil penalty for carrying out mitigation 
        projects in accordance with such section 309(d)''.
    (d) Determination of Amount of Penalties.--
            (1) Civil penalties.--The second sentence of section 309(d) 
        of such Act (33 U.S.C. 1319(d)) is amended by inserting ``the 
amount of any penalty previously imposed on the violator by a court or 
administrative agency for the same violation or violations,'' after 
``economic impact of the penalty on the violator,''.
            (2) Administrative penalties.--Section 309(g)(3) of such 
        Act is amended--
                    (A) by striking ``or savings''; or
                    (B) by inserting ``the amount of any penalty 
                previously imposed on the violator by a court or 
                administrative agency for the same violation or 
                violations,'' after ``resulting from the violation,''.
    (e) Limitation on Defenses.--Section 309(g)(1) of such Act is 
amended by adding at the end the following: ``In a proceeding to assess 
or review a penalty under this subsection, the adequacy of consultation 
between the Administrator or the Secretary, as the case may be, and the 
State shall not be a defense to assessment or enforcement of such 
penalty.''.
    (f) Amounts of Administrative Civil Penalties.--
            (1) General rule.--Section 309(g)(2) of such Act is amended 
        to read as follows:
            ``(2) Amount of penalties; notice; hearing.--
                    ``(A) Maximum amount of penalties.--The amount of a 
                civil penalty under paragraph (1) may not exceed 
                $25,000 per violation per day for each day during which 
                the violation continues.
                    ``(B) Written notice.--Before issuing an order 
                assessing a civil penalty under this subsection, the 
                Administrator or the Secretary, as the case may be, 
                shall give to the person to be assessed the penalty 
                written notice of the Administrator's or Secretary's 
                proposal to issue the order and the opportunity to 
                request, within 30 days of the date the notice is 
                received by such person, a hearing on the proposed 
                order.
                    ``(C) Hearings not on the record.--If the proposed 
                penalty does not exceed $25,000, the hearing shall not 
                be subject to section 554 or 556 of title 5, United 
                States Code, but shall provide a reasonable opportunity 
                to be heard and to present evidence.
                    ``(D) Hearings on the record.--If the proposed 
                penalty exceeds $25,000, the hearing shall be on the 
                record in accordance with section 554 of title 5, 
                United States Code. The Administrator and the Secretary 
                may issue rules for discovery procedures for hearings 
                under this subparagraph.''.
            (2) Conforming amendments.--Section 309(g) of such Act is 
        amended--
                    (A) in paragraph (1) by striking ``class I civil 
                penalty or a class II'';
                    (B) in the second sentence of paragraph (4)(C) by 
                striking ``(2)(A) in the case of a class I civil 
                penalty and paragraph (2)(B) in the case of a class II 
                civil penalty'' and inserting ``(2)''; and
                    (C) in the first sentence of paragraph (8) by 
                striking ``assessment--'' and all that follows through 
                ``by filing'' and inserting ``assessment in the United 
                States District Court for the District of Columbia or 
                in the district in which the violation is alleged to 
                have occurred by filing''.
    (g) State Enforcement Actions as Bar to Federal Enforcement 
Actions.--Section 309(g)(6)(A) of such Act is amended--
            (1) by inserting ``or'' after the comma at the end of 
        clause (i);
            (2) by striking clause (ii); and
            (3) by redesignating clause (iii) as clause (ii) and in 
        such clause--
                    (A) by striking ``, the Secretary, or the State'' 
                and inserting ``or the Secretary''; and
                    (B) by striking ``or such comparable State law, as 
                the case may be,''.
    (h) Recovery of Economic Benefit.--Section 309 of such Act is 
amended by adding at the end the following:
    ``(h) Recovery of Economic Benefit.--
            ``(1) General rule.--Notwithstanding any other provision of 
        this section, any civil penalty assessed and collected under 
        this section must be in an amount which is not less than the 
        amount of the economic benefit (if any) resulting from the 
        violation for which the penalty is assessed.
            ``(2) Regulations.--Not later than 2 years after the date 
        of the enactment of this subsection, the Administrator shall 
        issue regulations establishing a methodology for calculating 
        the economic benefits or savings resulting from violations of 
        this Act. Pending issuance of such regulations, this subsection 
        shall be in effect and economic benefits shall be calculated 
        for purposes of paragraph (1) on a case-by-case basis.''.
    (i) Limitation on Compromises.--Such section 309 is further amended 
by adding at the end the following:
    ``(i) Limitation on Compromises of Civil Penalties.--
Notwithstanding any other provision of this section, the amount of a 
civil penalty assessed under this section may not be compromised below 
the amount determined by adding--
            ``(1) the minimum amount required for recovery of economic 
        benefit under subsection (h), to
            ``(2) 50 percent of the difference between the amount of 
        the civil penalty assessed and such minimum amount.''.
    (j) Minimum Amount for Serious Violations.--Such section 309 is 
further amended by adding at the end the following:
    ``(j) Minimum Civil Penalties for Serious Violations and 
Significant Noncompliers.--
            ``(1) Serious violations.--Notwithstanding any other 
        provision of this section (other than paragraph (2)), the 
        minimum civil penalty which shall be assessed and collected 
        under this section from a person--
                    ``(A) for a discharge from a point source of a 
                hazardous pollutant which exceeds or otherwise violates 
                any applicable effluent limitation established by or 
                under this Act by 20 percent or more, or
                    ``(B) for a discharge from a point source of a 
                pollutant (other than a hazardous pollutant) which 
                exceeds or otherwise violates any applicable effluent 
                limitation established by or under this Act by 40 
                percent or more,
        shall be $1,000 for the first such violation in a 180-day 
        period.
            ``(2) Significant noncompliers.--Notwithstanding any other 
        provision of this section, the minimum civil penalty which 
        shall be assessed and collected under this section from a 
        person--
                    ``(A) for the second or more discharge in a 180-day 
                period from a point source of a hazardous pollutant 
                which exceeds or otherwise violates any applicable 
                effluent limitation established by or under this Act by 
                20 percent or more,
                    ``(B) for the second or more discharge in a 180-day 
                period from a point source of a pollutant (other than a 
                hazardous pollutant) which exceeds or otherwise 
                violates any applicable effluent limitation established 
                by or under this Act by 40 percent or more,
                    ``(C) for the fourth or more discharge in a 180-day 
                period from a point source of any pollutant which 
                exceeds or otherwise violates the same effluent 
                limitation, or
                    ``(D) for not filing in a 180-day period 2 or more 
                reports in accordance with section 402(r)(1),
        shall be $5,000 for each of such violations.
            ``(3) Mandatory inspections for significant noncompliers.--
        The Administrator shall identify any person described in 
        paragraph (2) as a significant noncomplier and shall conduct an 
        inspection described in section 402(q) of this Act of the 
        facility at which the violations were committed. Such 
        inspections shall be conducted at least once in the 180-day 
        period following the date of the most recent violation which 
        resulted in such person being identified as a significant 
        noncomplier.
            ``(4) Annual reporting.--The Administrator shall transmit 
        to Congress and to the Governors of the States, and shall 
        publish in the Federal Register, on an annual basis a list of 
        all persons identified as significant noncompliers under 
        paragraph (3) in the preceding calendar year and the violations 
        which resulted in such classifications.
            ``(5) Hazardous pollutant defined.--For purposes of this 
        subsection, the term `hazardous pollutant' has the meaning the 
        term `hazardous substance' has under subsection (c)(6) of this 
        section.''.
    (k) State Program.--Section 402(b)(7) of such Act (33 U.S.C. 
1342(b)(7)) is amended to read as follows:
            ``(7) To abate violations of the permit or the permit 
        program which shall include, beginning on the last day of the 
        2-year period beginning on the date of the enactment of the 
        Clean Water Compliance and Enforcement Improvement Amendments 
        Act of 1995, a penalty program comparable to the Federal 
        penalty program under section 309 of this Act and which shall 
        include at a minimum criminal, civil, and civil administrative 
        penalties, and may include other ways and means of enforcement, 
        which the State demonstrates to the satisfaction of the 
        Administrator are equally effective as the Federal penalty 
        program;''.
    (l) Federal Procurement Compliance Incentive.--Section 508(a) of 
such Act (33 U.S.C. 1368(a)) is amended by inserting after the second 
comma ``or who is identified under section 309(j)(3) of this Act,''.

SEC. 6. NATIONAL POLLUTANT DISCHARGE ELIMINATION PERMITS.

    (a) Withdrawal of State Program Approval.--Section 402(b) of the 
Federal Water Pollution Control Act (33 U.S.C. 1342(b)) is amended by 
striking ``unless he determines that adequate authority does not 
exist:'' and inserting the following: ``only when he determines that 
adequate authority exists and shall withdraw program approval whenever 
he determines that adequate authority no longer exists:''.
    (b) Judicial Review of Rulings on Applications for State Permits.--
Section 402(b)(3) of such Act is amended by inserting ``and to ensure 
that any interested person who participated in the public comment 
process and any other person who could obtain judicial review of that 
action under any other applicable law has the right to judicial review 
of such ruling'' before the semicolon at the end.
    (c) Inspections for Major Industrial and Municipal Dischargers.--
Section 402(b) of such Act is amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(10) To ensure that any permit for a discharge from a 
        major industrial or municipal facility, as defined by the 
        Administrator by regulation, includes conditions under which 
        such facility will be subject to at least annual inspections by 
        the State in accordance with subsection (q) of this section;''.
    (d) Monthly Reports for Significant Industrial Users of POTWs.--
Section 402(b) of such Act is further amended by adding at the end the 
following:
            ``(11) To ensure that any permit for a discharge from a 
        publicly owned treatment works in the State includes conditions 
        under which the treatment works will require any significant 
        industrial user of the treatment works, as defined by the 
        Administrator by regulation, to prepare and submit to the 
        Administrator, the State, and the treatment works a monthly 
        discharge monitoring report as a condition to using the 
        treatment works;''.
    (e) Permits Required for Introduction of Pollutants Into POTWs.--
Section 402(b) of such Act is further amended by adding at the end the 
following:
            ``(12) To ensure that, after the last day of the 2-year 
        period beginning on the date of the enactment of this 
        paragraph, any significant industrial user, or other source 
        designated by the Administrator, introducing a pollutant into a 
        publicly owned treatment works has, and operates in accordance 
        with, a permit issued by the treatment works or the State for 
        introduction of such pollutant; and''.
    (f) Granting of Authority to POTWs for Inspections and Penalties.--
Section 402(b) of such Act is further amended by adding at the end the 
following:
            ``(13) To ensure that the State will grant to publicly 
        owned treatment works in the State, not later than 3 years 
        after the date of the enactment of this paragraph, authority, 
        power, and responsibility to conduct inspections under 
        subsection (q) of this section and to assess and collect civil 
        penalties and civil administrative penalties under paragraph 
        (7) of this subsection.''.
    (g) Inspection.--Section 402 of such Act is amended by adding at 
the end the following:
    ``(q) Inspection.--
            ``(1) General rule.--Each permit for a discharge into the 
        navigable waters or introduction of pollutants into a publicly 
        owned treatment works issued under this section shall include 
        conditions under which the effluent being discharged will be 
        subject to random inspections in accordance with this 
        subsection by the Administrator or the State, in the case of a 
        State permit program under this section.
            ``(2) Minimum standards.--Not later than 6 months after the 
        date of enactment of this subsection, the Administrator shall 
        establish minimum standards for inspections under this 
        subsection. Such standards shall require, at a minimum, the 
        following:
                    ``(A) An annual representative sampling by the 
                Administrator or the State, in the case of a State 
                permit program under this section, of the effluent 
                being discharged; except that if the discharge is not 
                from a major industrial or municipal facility such 
                sampling shall be conducted at least once every 3 
                years.
                    ``(B) An analysis of all samples collected under 
                subparagraph (A) by a Federal or State owned and 
                operated laboratory or a State approved laboratory, 
                other than one that is being used by the permittee or 
                that is directly or indirectly owned, operated, or 
                managed by the permittee.
                    ``(C) An evaluation of the maintenance record of 
                any treatment equipment of the permittee.
                    ``(D) An evaluation of the sampling techniques used 
                by the permittee.
                    ``(E) A random check of discharge monitoring 
                reports of the permittee for each 12-month period for 
                the purpose of determining whether or not such reports 
                are consistent with the applicable analyses conducted 
                under subparagraph (B).
                    ``(F) An inspection of the sample storage 
                facilities and techniques of the permittee.''.
    (h) Reporting.--Section 402 of such Act is further amended by 
adding at the end the following:
    ``(r) Reporting.--
            ``(1) General rule.--Each person holding a permit issued 
        under this section which is determined by the Administrator to 
        be a major industrial or municipal discharger of pollutants 
        into the navigable waters shall prepare and submit to the 
        Administrator a monthly discharge monitoring report. Any other 
        person holding a permit issued under this section shall prepare 
        and submit to the Administrator quarterly discharge monitoring 
        reports or more frequent discharge monitoring reports if the 
        Administrator requires. Such reports shall contain, at a 
        minimum, such information as the Administrator shall require by 
        regulation.
            ``(2) Reporting of hazardous discharges.--
                    ``(A) General rule.--If a discharge from a point 
                source for which a permit is issued under this section 
                exceeds an effluent limitation contained in such permit 
                which is based on an acute water quality standard or 
                any other discharge which may cause an exceedance of an 
                acute water quality standard or otherwise is likely to 
                cause injury to persons or damage to the environment or 
                to pose a threat to human health and the environment, 
                the person holding such permit shall notify the 
                Administrator and the affected States and 
                municipalities, in writing, of such discharge not later 
                than 2 hours after the later of the time at which such 
                discharge commenced or the time at which the permittee 
                knew or had reason to know of such discharge.
                    ``(B) Special rule for hazardous pollutants.--If a 
                discharge described in subparagraph (A) is of a 
                hazardous pollutant (as defined in section 309(j) of 
                this Act), the person holding such permit shall provide 
                the Administrator with such additional information on 
                the discharge as may be required by the Administrator. 
                Such additional information shall be provided to the 
                Administrator within 24 hours after the later of the 
                time at which such discharge commenced or the time at 
                which the permittee became aware of such discharge. 
                Such additional information shall include, at a 
                minimum, an estimate of the danger posed by the 
                discharge to the environment, whether the discharge is 
                continuing, and the measures taken or being taken (i) 
                to remediate the problem caused by the discharge and 
                any damage to the environment, and (ii) to avoid a 
                repetition of the discharge.
            ``(3) Signature.--All reports filed under paragraph (1) 
        must be signed and dated by the highest ranking official having 
        day-to-day managerial and operational responsibility for the 
        facility at which the discharge occurs or, in the absence of 
        such person, by another responsible high ranking official at 
        such facility. Such highest ranking official shall be 
        responsible for the accuracy of all information contained in 
        such reports; except that such highest ranking official may 
        file with the Administrator amendments to any such report if 
        the report was signed in the absence of the highest ranking 
        official by another high ranking official and if such 
        amendments are filed within 7 days of the return of the highest 
        ranking official.''.
    (i) Limitation on Issuance of Permits to Significant 
Noncompliers.--Section 402 of such Act is further amended by adding at 
the end the following:
    ``(s) Significant Noncompliers.--No permit may be issued under this 
section to any person (other than a publicly owned treatment works) 
identified under section 309(j)(3) of this Act or to any other person 
owned or controlled by the identified person, owning or controlling the 
identified person, or under common control with the identified person, 
until the Administrator or the State or States in which the violation 
or violations occur determines that the condition or conditions giving 
rise to such violation or violations have been corrected. No permit 
application submitted after the date of the enactment of this 
subsection may be approved unless the application includes a list of 
all violations of this Act by a person identified under section 309(j) 
of this Act during the 3-year period preceding the date of submission 
of the application and evidence indicating whether the underlying cause 
of each such violation has been corrected.''.
    (j) Applicability.--The amendments made by this section shall apply 
to permits issued before, on, or after the date of the enactment of 
this Act; except that--
            (1) with respect to permits issued before such date of 
        enactment to a major industrial or municipal discharger, such 
        amendments shall take effect on the last day of the 1-year 
        period beginning on such date of enactment; and
            (2) with respect to all other permits issued before such 
        date of enactment, such amendments shall take effect on the 
        last day of the 2-year period beginning on such date of 
        enactment.

SEC. 7. EXPIRED STATE PERMITS.

    Section 402(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(d)) is amended by adding at the end the following:
            ``(5) Expired state permits.--In any case in which--
                    ``(A) a permit issued by a State for a discharge 
                has expired,
                    ``(B) the permittee has submitted an application to 
                the State for a new permit for the discharge, and
                    ``(C) the State has not acted on the application 
                before the last day of the 18-month period beginning on 
                the date the permit expired,
        the Administrator may issue a permit for the discharge under 
        subsection (a).''.

SEC. 8. COMPLIANCE SCHEDULE.

    Section 302(b)(2)(B) of the Federal Water Pollution Control Act (33 
U.S.C. 1312(b)(2)(B)) is amended by adding at the end the following: 
``The Administrator may only issue a permit pursuant to this 
subparagraph for a period exceeding 2 years if the Administrator makes 
the findings described in clauses (i) and (ii) of this subparagraph on 
the basis of a public hearing.''.

SEC. 9. EMERGENCY POWERS.

    Section 504 of the Federal Water Pollution Control Act (33 U.S.C. 
1364) is amended to read as follows:

``SEC. 504. COMMUNITY PROTECTION.

    ``(a) Issuance of Orders; Court Action.--Notwithstanding any other 
provision of this Act, whenever the Administrator finds that, because 
of an actual or threatened direct or indirect discharge of a pollutant, 
there may be an imminent and substantial endangerment to the public 
health or welfare (including the livelihood of persons) or the 
environment, the Administrator may issue such orders or take such 
action as may be necessary to protect public health or welfare or the 
environment and commence a suit (or cause it to be commenced) in the 
United States district court for the district where the discharge or 
threat occurs. Such court may grant such relief to abate the threat and 
to protect against the endangerment as the public interest and the 
equities require, enforce, and adjudge penalties for disobedience to 
orders of the Administrator issued under this section, and grant other 
relief according to the public interest and the equities of the case.
    ``(b) Enforcement of Orders.--Any person who, without sufficient 
cause, violates or fails to comply with an order of the Administrator 
issued under this section, shall be liable for civil penalties to the 
United States in an amount not to exceed $25,000 per day for each day 
on which such violation or failure occurs or continues.''.

SEC. 10. CITIZEN SUITS.

    (a) Suits for Past Violations.--Section 505 of the Federal Water 
Pollution Control Act (33 U.S.C. 1365) is amended--
            (1) in subsection (a)(1) by inserting ``to have violated 
        (if there is evidence that the alleged violations has been 
        repeated) or'' after ``who is alleged'';
            (2) in subsection (b)(1)(A)(ii) by striking ``occurs'' and 
        inserting ``has occurred or is occurring''; and
            (3) in subsection (f)(6) by inserting ``has been or'' after 
        ``which''.
    (b) Time Limit.--Section 505(b)(1)(A) of such Act is amended by 
striking ``60 days'' and inserting ``30 days''.
    (c) Effect of Judgments on Citizen Suits.--Section 505(b) of such 
Act is further amended--
            (1) in paragraph (1)(B)--
                    (A) by striking ``, or a State''; and
                    (B) by striking ``right.'' and inserting ``right 
                and may obtain costs of litigation under subsection 
                (d), or''; and
            (2) by adding at the end the following: ``The notice under 
        paragraph (1)(A) need set forth only violations which have been 
        specifically identified in the discharge monitoring reports of 
        the alleged violator. An action by a State under subsection 
        (a)(1) may be brought at any time. No judicial action by the 
        Administrator or a State shall bar an action for the same 
        violation under subsection (a)(1) unless the action is by the 
        Administrator and meets the requirements of this paragraph. No 
        administrative action by the Administrator or a State shall bar 
        a pending action commenced after February 4, 1987, for the same 
        violation under subsection (a)(1) unless the action by the 
Administrator or a State meets the requirements of section 309(g)(6) of 
this Act.''.
    (d) Consent Judgments.--Section 505(c)(3) of such Act is amended by 
adding at the end the following: ``Consent judgments entered under this 
section may provide that the civil penalties included in the consent 
judgment be used for carrying out mitigation projects in accordance 
with section 309(d).''.
    (e) Pretreatment Requirements.--Section 505(f)(4) of such Act is 
amended by striking ``or pretreatment standards'' and inserting ``or 
pretreatment standard or requirement described in section 307(d)''.
    (f) Effluent Standard Definition.--Section 505(f)(6) of such Act is 
amended by inserting ``narrative or mathematical'' before 
``condition''.
    (g) Offers of Judgment.--Section 505 of such Act is further amended 
by adding at the end the following:
    ``(g) Applicability of Offers of Judgment.--Offers of judgment 
pursuant to Rule 68 of the Federal Rules of Civil Procedure shall not 
be applicable to actions brought under subsection (a)(1) of this 
section.''.

SEC. 11. EMPLOYEE PROTECTION.

    Section 507 of the Federal Water Pollution Control Act (33 U.S.C. 
1367) is amended--
            (1) in subsection (e) by inserting ``Continuing 
        Evaluations'' after ``(e)'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by striking subsections (a), (b), (c), and (d) and 
        inserting the following:
    ``(a) In General.--No employer or other person may harass, 
prosecute, hold liable, or discriminate against any employee or other 
person because the person--
            ``(1) is assisting or demonstrating an intent to assist in 
        achieving compliance with any provision of this Act (including 
        a rule or regulation issued to carry out this Act);
            ``(2) is refusing to violate or assist in the violation of 
        any provision of this Act (including a rule or regulation 
        issued to carry out this Act);
            ``(3) has commenced, caused to be commenced, or is about to 
        commence a proceeding, has testified or is about to testify at 
        a proceeding, or has assisted or participated or is about to 
        assist or participate in any manner in such a proceeding or in 
        any other action to carry out the purposes of this Act.
    ``(b) Filing Complaints and Procedures.--
            ``(1) Filing deadline.--An employee alleging a violation of 
        subsection (a), or another person at the employee's request, 
        may file a complaint with the Secretary of Labor not later than 
        365 days after the alleged violation occurred.
            ``(2) Procedures.--
                    ``(A) Investigation; preliminary orders.--Not later 
                than 60 days after receiving a complaint, the Secretary 
                shall conduct an investigation, decide whether it is 
                reasonable to believe the complaint has merit, and 
                notify the complainant and the person alleged to have 
                committed the violation of the findings. If the 
                Secretary decides it is reasonable to believe a 
                violation occurred, the Secretary shall include with 
                the decision findings and a preliminary order for the 
                relief provided under paragraph (3).
                    ``(B) Objections to preliminary order.--Not later 
                than 30 days after the notice under subparagraph (A) of 
                this paragraph, the complainant and the person alleged 
                to have committed the violation may file objections to 
                the findings or preliminary order, or both, and request 
                a hearing on the record. The filing of objections does 
                not stay a reinstatement ordered in the preliminary 
                order. If a hearing is not requested within the 30 
                days, the preliminary order is final and not subject to 
                judicial review.
                    ``(C) Hearing; final order; settlement agreement.--
                A hearing shall be conducted expeditiously. Not later 
                than 120 days after the end of the hearing, the 
                Secretary shall issue a final order. Before the final 
                order is issued, the proceeding may be ended by a 
                settlement agreement made by the Secretary, the 
                complainant, and the person alleged to have committed 
                the violation.
            ``(3) Order.--
                    ``(A) Penalties.--If the Secretary decides, on the 
                basis of a complaint, a person violated subsection (a), 
                the Secretary shall order the person to--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to the 
                        former position with the same pay and terms and 
                        privileges of employment; and
                            ``(iii) pay compensatory damages, including 
                        back pay.
                    ``(B) Costs.--If the Secretary issues an order 
                under subparagraph (A) and the complainant requests, 
                the Secretary may assess against the person against 
                whom the order is issued the costs (including 
                attorney's fees) reasonably incurred by the complainant 
                in bringing the complaint. The Secretary shall 
                determine the costs that reasonably were incurred.
            ``(4) Judicial review and venue.--A person adversely 
        affected by an order issued after a hearing under this 
        subsection may file a petition for review, not later than 60 
        days after the order is issued, in the court of appeals of the 
        United States for the circuit in which the violation occurred 
        or the person resided on the date of the violation. The review 
        shall be heard and decided expeditiously. An order of the 
        Secretary subject to review under this paragraph is not subject 
        to judicial review in a criminal or other civil proceeding.
            ``(5) Civil actions to enforce.--If a person fails to 
        comply with an order issued under this subsection, the 
        Secretary shall bring a civil action to enforce the order in 
        the district court of the United States for the judicial 
        district in which the violation occurred.
    ``(c) Burdens of Proof.--The legal burdens of proof with respect to 
a violation of subsection (a) shall be governed by the applicable 
provisions of sections 1214 and 1221 of title 5, United States Code.
    ``(d) Subpoena Authority.--With respect to an alleged violation of 
subsection (a), the Secretary of Labor may issue a subpoena for the 
attendance and testimony of any person and the production of 
documentary or other evidence from any person if the testimony or 
production requested is not unduly burdensome and appears reasonably 
calculated to lead to the discovery of admissible evidence.
    ``(e) Posting Requirement.--The provisions of this section shall be 
prominently posted in any place of employment to which this section 
applies.''.

SEC. 12. ISSUANCE OF SUBPOENAS.

    Section 509(a)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1369(a)(1)) is amended by striking ``obtaining information under 
section 305 of this Act, or carrying out section 507(e) of this Act,'' 
and inserting ``carrying out this Act,''.

SEC. 13. JUDICIAL REVIEW OF EPA ACTIONS.

    Section 509(b)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1369(b)(1)) is amended--
            (1) by inserting after the comma at the end of clause (D) 
        ``including a decision to deny a petition by interested person 
        to veto an individual permit issued by a State,'';
            (2) by inserting after the comma at the end of clause (E) 
        ``including a decision not to include any pollutant in such 
        effluent limitation or other limitation if the Administrator 
        has or is made aware of information indicating that such 
        pollutant is present in any discharge subject to such 
        limitation,''; and
            (3) by striking ``and (G)'' and inserting the following: 
        ``(G) in issuing or approving any water quality standard under 
        section 303(c) or 303(d), (H) in issuing any water quality 
        criterion under section 304(a), including a decision not to 
        address any effect of the pollutant subject to such criterion 
        if the Administrator has or is made aware of information 
        indicating that such effect may occur, and (J)''.

SEC. 14. NATIONAL CLEAN WATER TRUST FUND.

    (a) In General.--Title V of the Federal Water Pollution Control Act 
(33 U.S.C. 1361-1377) is amended by redesignating section 519 as 
section 520 and by inserting after section 518 the following new 
section:

``SEC. 519. NATIONAL CLEAN WATER TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Clean Water Trust 
Fund'.
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to 
the Clean Water Trust Fund amounts equivalent to the penalties 
collected under section 309 of this Act and the penalties collected 
under section 505(a) of this Act (excluding any amounts ordered to be 
used to carry out mitigation projects under section 309 or 505(a), as 
the case may be).
    ``(c) Administration of Trust Fund.--The Administrator shall 
administer the Clean Water Trust Fund. The Administrator may use moneys 
in the Fund to carry out inspections and enforcement activities 
pursuant to this Act. In addition, the Administrator may make such 
amounts of money in the Fund as the Administrator determines 
appropriate available to carry out title VI of this Act.''.
    (b) Conforming Amendment to State Revolving Fund Program.--Section 
607 of such Act (33 U.S.C. 1387) is amended--
            (1) by inserting ``(a) In General.--'' before ``There is''; 
        and
            (2) by adding at the end the following:
    ``(b) Treatment of Transfers From Clean Water Trust Fund.--For 
purposes of this title, amounts made available from the Clean Water 
Trust Fund under section 519 of this Act to carry out this title shall 
be treated as funds authorized to be appropriated to carry out this 
title and as funds made available under this title.''.

SEC. 15. APPLICABILITY.

    Sections 101(h), 309(g)(6)(A), 505(a)(1), 505(b), 505(g), and 
505(i) of the Federal Water Pollution Control Act, as inserted or 
amended by this Act, shall be applicable to all cases pending under 
such Act on the date of the enactment of this Act and all cases brought 
on or after such date of enactment relating to violations which 
occurred before such date of enactment.
                                 <all>