[Congressional Record Volume 143, Number 50 (Thursday, April 24, 1997)]
[Senate]
[Pages S3670-S3675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself and Mr. Torricelli):
  S. 645. A bill to amend the Federal Water Pollution Control Act to 
improve and enforce compliance programs; to the Committee on 
Environment and Public Works.


   the clean water enforcement and compliance improvement act of 1997

  Mr. LAUTENBERG. Mr. President, I introduce the Clean Water 
Enforcement and Compliance Improvement Act of 1997. This important bill 
will put real teeth in the enforcement provisions of the Clean Water 
Act, and will help restore and preserve our Nation's already stressed 
lakes, rivers and coastal areas. I would like to commend my colleague 
from New Jersey, Congressman Pallone, for introducing similar 
legislation in the House of Representatives. Senator Torricelli has 
joined as a co-sponsor of our bill.
  Mr. President, when Congress first enacted the Clean Water Act in 
1972, we established lofty goals-to make our Nation's waters fishable 
and swimmable. And we mandated strict enforcement and provided for 
penalties to assure compliance with the act's provisions.

[[Page S3671]]

  We were responding to strong public concern about pollution of our 
waterways. That concern is every bit as strong today because people 
understand that clean water is essential to human life. The American 
people want us to rid our waters of bacteria, toxins, and garbage.
  Yet, as we approach the 25th anniversary of the Clean Water Act, and 
after several substantial revisions since its enactment, the act has 
failed to meet all of our goals. While the Act has resulted in 
significant progress and water quality is improving, our waters are not 
clean. In 1988, over one-third of our rivers, lakes and estuaries 
surveyed throughout the country were either failing to achieve 
designated water quality levels or were threatened with failing to 
achieve those levels. In my State of New Jersey, a survey of roughly 10 
percent of the State's rivers showed that only 15 percent were safe for 
swimming.
  One reason we haven't made more progress is that the Clean Water Act 
is not being adequately enforced.
  Mr. President, effective enforcement is essential to achieving the 
goals of the act. Not only does effective enforcement deter violations, 
but it also helps ensure that appropriate corrective actions are taken 
in a timely manner when violations do occur. The Clean Water 
Enforcement and Compliance Improvement Act will strengthen enforcement 
efforts.
  Mr. President, my bill will toughen penalties for polluters, improve 
enforcement by EPA and state water pollution agencies, and expand 
citizens' right-to-know about violations of the Clean Water Act.
  It establishes mandatory minimum penalties for serious violations of 
the Clean Water Act.
  It requires that civil penalties be no less than the economic benefit 
resulting from the violation.
  It requires more frequent reporting of water discharges to identify 
violations more quickly.
  And it requires EPA to publish annually a list of those facilities 
that are in significant noncompliance with the Clean Water Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 645

       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

[[Page S3672]]

     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.

[[Page S3673]]

       ``(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-

[[Page S3674]]

     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;

[[Page S3675]]

       ``(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.
                                 ______