II 111th CONGRESS 1st Session S. 696 IN THE SENATE OF THE UNITED STATES March 25, 2009 Mr. Cardin (for himself and Mr. Alexander) 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 include a definition of fill material.

1.

Short title

This Act may be cited as the Appalachia Restoration Act.

2.

Fill material

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: (26)

Fill material

(A)

In general

The term fill material means any pollutant that— (i)replaces a portion of the waters of the United States with dry land; or (ii)modifies the bottom elevation of a body of water for any purpose. (B)

Exclusions

The term fill material does not include— (i)the disposal of excess spoil material (as described in section 515(b)(22) of the Surface Mining Control and Reclamation Act (30 U.S.C. 1265(b)(22))) in waters of the United States; or (ii)trash or garbage. .