* Act of June 30, 1948 (P.L. 80-845; 62 Stat. 1155, as amended; 33U.S.C. 1251, 1254, 1323, 1324, 1329, 1342, 1344)

Note-The water pollution control laws were revised, codified, and reenacted by the Federal Water Pollution Con-trol Act Amendments of 1972 (Act of October 18, 1972, P.L. 92-500) and further amended by the Water Quality Act of 1987 (Act of February 4, 1987, P.L. 100-4) and other laws.

TITLE I-RESEARCH AND RE-LATED PROGRAMS

Congressional Declaration of Goals and Policy

Sec. 101. (a) The objective of this Act is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter-

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(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this Act to be met through the con-trol of both point and nonpoint sources of pollution.

(b) It is the policy of the Con-gress to recognize, preserve, and protect the primary responsibility and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (in-cluding restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this Act. It is further the policy of the Congress to support and aid research relating to the prevention, reduction, and elimi-nation of pollution, and to provide Federal technical services and finan-cial aid to State and inter-state agen-cies and municipalities in connec-tion with the prevention, reduction, and elimination of pollu-tion.

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(d) Except as otherwise expressly provided in this Act, the Adminis-tra-tor of the Environmental Protec-tion Agency shall administer this Act.

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(g) It is the policy of Congress that the authority of each State to allocate quantities of water within its jurisdiction shall not be supersed-ed, abrogated or otherwise impaired by this Act. . . . Federal agencies shall co-operate with State and local agencies to develop comprehensive solutions to prevent, reduce and eliminate pollution in concert with programs for managing water re-sources. (33 U.S.C. 1251)

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Research, Investigations, Training and Information

Sec. 104. The Administrator shall establish national programs for the prevention, reduction, and elimination of pollution and as part of such programs shall-

(1) in cooperation with other Federal, State, and local agencies, conduct and promote the coordination and acceleration of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, ex-tent, prevention, reduction, and elimination of pollution; (33 U.S.C. 1254)

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Federal Facilities Pollution Con-trol

Sec. 313. (a) Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or run-off of pollutants, and each officer, agent, or employee thereof in the performance of his official duties, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution in the same manner, and to the same extent as any nongovernmental entity including the payment of reasonable service charges. The preceding sentence shall apply (A) to any requirement whether substantive or procedural (including any recordkeeping or reporting requirement, any requirement respecting permits and any other requirement, whatsoever), (B) to the exercise of any Federal, State, or local administrative authority, and (C) to any process and sanction, whether enforced in Federal, State, or local courts or in any other manner. This subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law. Nothing in this section shall be construed to prevent any department, agency, or instrumentality of the Federal Government, or any officer, agent, or employee thereof in the performance of his official duties, from removing to the appropriate Federal District court any proceeding to which the department, agency, or instrumentality or officer, agent, or employee thereof is subject pursuant to this section, and any such proceed-ing may be removed in accordance with 28 U.S.C. 1441 et seq. No officer, agent, or employee of the United States shall be person-ally liable for any civil penalty arising from the performance of his official duties, for which he is not otherwise liable, and the United States shall be liable only for those civil penalties arising under Federal law or imposed by a State or local court to enforce an order or the process of such court. The Presi-dent may exempt any effluent source of any department, agency, or instrumentality in the executive branch from compliance with any such requirement if he determines it to be in the paramount interest of the United States to do so; except that no exemption may be granted from the requirements of section 306 or 307 of this Act. No such exemptions shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested ap-propriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods of not to exceed one year upon the President's making a new determi-nation. The President shall report each January to the Congress all exemptions from the require-ments of this section granted during the pre-ceding calendar year, together with his reason for granting such exemp-tion. In addition to any such ex-emption of a particular effluent source, the president may, if he determines it to be in the paramount interest of the United States to do so, issue regulations exempting from compliance with the requirements of this section any weaponry, equip-ment, aircraft, vessels, vehicles, or other classes or categories of prop-erty, and access to such property, which are owned or operated by the Armed Forces of the United States (including the Coast Guard) or by the National Guard of any State and which are uniquely military in na-ture. The President shall reconsider the need for such regulations at three-year intervals.

(b)(1) The Administrator shall coordinate with the head of each department, agency, or instrumental-ity of the Federal Government hav-ing jurisdiction over any property or facility utilizing federally owned wastewater facilities to develop a program of cooperation for utilizing wastewater control systems utilizing those innovative treatment processes and techniques for which guidelines have been promulgated under sec-tion 304(d) (3). Such program shall include an inventory of property and facilities which could utilize such processes and techniques.

(2) Construction shall be initi-ated for facilities for treatment of wastewater at any Federal property or facility after September 30, 1979, if alternative methods for wastewater treatment at such proper-ty or facility utilizing innovative treatment processes and techniques, including but not limited to methods utilizing recycle and reuse techniques and land treatment are not utilized, unless the life cycle cost of the alternative treatment works exceeds the life cycle cost of the most cost effective alternative by more than 15 per centum. The Administrator may waive the appli-cation of this paragraph in any case where the Administrator determines it to be in the public interest, or that compliance with this paragraph would interfere with the orderly compliance with conditions of a permit issued pursuant to section 402 of this Act. (33 U.S.C. 1323)

Clean Lakes

Sec. 314. (a)(1) Each State on a biennial basis shall prepare and submit to the Administrator for his approval-

(A) an identification and classification according to eutrophic condition of all publicly owned lakes in such State;

(B) a description of proce-dures, processes, and methods (including land use requirements), to control sources of pollution of such lakes;

(C) a description of methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality of such lakes;

(D) methods and procedures to mitigate the harmful effects of high acidity, including innovative methods of neutralizing and restor-ing buffering capacity of lakes and methods of removing from lakes toxic metals and other toxic sub-stances mobilized by high acidity;

(E) a list and description of those publicly owned lakes in such State for which uses are known to be impaired, including those lakes which are known not to meet appli-cable water quality standards or which require implementation of control programs to maintain com-pliance with applicable standards and those lakes in which water quality has deteriorated as a result of high acidity that may reasonably be due to acid deposition; and

(F) an assessment of the status and trends of water quality in lakes in such State, including but not limited to, the nature and extent of pollution loading from point and nonpoint sources and the extent to which the use of lakes is impaired as a result of such pollution, particularly with respect to toxic pollution. (33 U.S.C. 1324)

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Nonpoint Source Management Programs

Sec. 319. (a)(1) Contents. The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which-

(A) identifies those navigable waters within the State which, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this Act; (B) identifies those categories and subcategories of nonpoint sources or, where appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under subpara-graph (A) in amounts which contribute to such portion not meet-ing such water quality stan-dards or such goals and requirements;

(C) describes the process, including intergovernmental coordination and public participa-tion, for identifying best manage-ment prac-tices and measures to control each category and subcategory of nonpoint sources and, where appro-pri-ate, particular nonpoint sources identified under subpara-graph (B) and to reduce, to the maximum ex-tent practicable, the level of pol-lu-tion resulting from such category, subcategory, or source; and (D) identifies and de-scribes State and local programs for controlling pollu-tion added from nonpoint sources to, and improving the quality of, each such portion of the navigable wa-ters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i). (33 U.S.C. 1329)

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National Pollutant Discharge Eli-mination System

Sec. 402. (a)(1) Except as pro-vided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing, issue a permit for the discharge of any pollutant, or combination of pollut-ants, notwithstanding section 1311(a) of this title, upon condition that such discharge will meet either (A) all applicable requirements under sections 301, 302, 306, 307, 308, and 403 of this Act, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter.

(2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate.

(3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section.

(4) All permits for discharges into the navigable waters issued pursuant to section 13 of the Act of March 3, 1899, shall be deemed to be permits issued under this sub-chapter, and permits issued under this subchapter shall be deemed to be permits issued under section 13 of the Act of March 3, 1899, and shall continue in force and effect for their term unless revoked, modified, or suspended in accordance with the provisions of this chapter.

(5) No permit for a discharge into the navigable waters shall be issued under section 13 of the Act of March 3, 1899, after October 18, 1972. Each application for a permit under section 13 of the Act of March 3, 1899, pending on October 18, 1972, shall be deemed to be an application for a permit under this section. The Administrator shall authorize a State, which he deter-mines has the capability of adminis-tering a permit program which will carry out the objective of this chap-ter, to issue permits for discharges into the navigable waters within the jurisdiction of such State. The Administrator may exercise the authority granted him by the preceding sentence only during the period which begins on October 18, 1972, and ends either on the ninetieth day after the date of the first promulgation of guidelines required by section 304(h) (2) of this Act, or the date of approval by the Administrator of a permit program for such State under subsection (b) of this section, whichever date first occurs, and no such authorization to a State shall extend beyond the last day of such period. Each such permit shall be subject to such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. No such permit shall issue if the Administrator objects to such issuance. (33 U.S.C. 1342)

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Permits for Dredged or FillMaterial

Sec. 404. (a) The Secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at speci-fied disposal sites. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the no-tice required by this subsection.

(b) Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon crite-ria compa-rable to the criteria appli-cable to the territorial seas, the contiguous zone, and the ocean under section 1343(c) of this title, and (2) in any case where such guidelines under clause (1) alone would prohibit the specifi-cation of a site, through the applica-tion addi-tionally of the economic impact of the site on navigation and anchor-age.

(c) The Administrator is autho-rized to prohibit the specification (including the withdrawal of specifi-cation) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any de-fined area for specifica-tion (includ-ing the withdrawal of specification) as a disposal site, whenever he determines, after notice and oppor-tu-nity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse affect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. Before making such determination, the Administratorshall consult with the Secretary. The Administrator shall set forth in writing and make public his findings and his reasons for making any determination under this subsection.

(d) The term "Secretary" as used in this section means the Secretary of the Army, acting through the Chief of Engineers. (33 U.S.C. 1344)