[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 109 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 109

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, municipal separate 
 storm sewer systems, and municipal combined sewer overflows, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

  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, municipal separate 
 storm sewer systems, and municipal combined sewer overflows, 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 ``Municipal Biological Monitoring Use 
Act''.

SEC. 2. BIOLOGICAL MONITORING.

    (a) Biological Monitoring Criteria.--Section 303(c)(2) of the 
Federal Water Pollution Control Act (33 U.S.C. 1313(c)(2)) is amended--
            (1) by inserting after the third sentence of subparagraph 
        (B) the following: ``Criteria for biological monitoring or 
        whole effluent toxicity shall employ an aquatic species that is 
        indigenous to the type of waters, a species that is 
        representative of such species, or such other appropriate 
        species as will indicate the toxicity of the effluent in the 
        specific receiving waters. Such criteria shall take into 
        account the natural biological variability of the species, and 
        shall ensure that the accompanying test method accurately 
        represents actual in-stream conditions, including conditions 
        associated with dry and wet weather.'';
            (2) by striking the period at the end of subparagraph (B) 
        and inserting the following: ``; except that for publicly owned 
        treatment works, municipal separate storm sewer systems, and 
        municipal combined sewer overflows (including control 
        facilities) and other wet weather control facilities, nothing 
        in this Act shall be construed to authorize the use of water 
        quality standards or permit effluent limitations which result 
        in the finding of a violation upon failure of whole effluent 
        toxicity tests or biological monitoring tests.''; and
            (3) by adding at the end the following:
    ``(C) Where the permitting authority determines that the discharge 
from a publicly owned treatment works, a municipal separate storm sewer 
system, or municipal combined sewer overflows (including control 
facilities) or other wet weather control facilities 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 may contain terms, conditions, or limitations requiring further 
analysis, identification evaluation, or reduction evaluation of such 
effluent toxicity. Such terms, conditions, or limitations meeting the 
requirements of this section may be utilized in conjunction with a 
municipal separate storm sewer system, or municipal combined sewer 
overflows (including control facilities) or other wet weather control 
facilities only upon a demonstration that such terms, conditions, or 
limitations are technically feasible, accurately represent toxicity 
associated with wet weather conditions, and can materially assist in an 
identification evaluation or reduction evaluation of such toxicity.''.
    (b) Information on Water Quality Criteria.--Section 304(a)(8) of 
such Act (33 U.S.C. 1314(a)(8)) is amended by inserting ``, consistent 
with subparagraphs (B) and (C) of section 303(c)(2),'' after 
``publish''.
    (c) Use of Biological Monitoring or Whole Effluent Toxicity 
Testing.--Section 402 of such Act (33 U.S.C. 1342) is amended by adding 
at the end the following:
    ``(q) Use of Biological Monitoring or Whole Effluent Toxicity 
Testing.--
            ``(1) In general.--Where the Administrator determines that 
        it is necessary in accordance with subparagraphs (B) and (C) of 
        section 303(c)(2) 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, a municipal separate storm sewer system, or a 
        municipal combined sewer overflow (including a control 
        facility) or other wet weather control facility, permit term, 
        condition, or limitation shall be in accordance with such 
        subparagraphs.
            ``(2) Responding to test failures.--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 biological monitoring or 
        whole effluent toxicity, the permit may establish procedures 
        for further analysis, identification evaluation, or reduction 
        evaluation of such toxicity. The permit shall allow the 
        permittee to discontinue such procedures, subject to future 
        reinitiation of such procedures upon a showing by the 
        permitting authority of changed conditions, if the source of 
        such toxicity cannot, after thorough investigation, be 
        identified.
            ``(3) Test failure not a violation.--The failure of a 
        biological monitoring test or a whole effluent toxicity test at 
        a publicly owned treatment works, a municipal separate storm 
        sewer system, or a municipal combined sewer overflow (including 
        a control facility) or other wet weather control facility shall 
        not result in a finding of a violation under this Act.''.
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