Editorial Notes
Amendments
1987—Subsec. (a)(7). Pub. L. 100–4 added par. (7).
1977—Subsec. (b). Pub. L. 95–217, § 26(b), inserted provisions expressing Congressional policy that the States manage the construction grant program under this chapter and implement the permit program under sections 1342 and 1344 of this title.
Subsec. (g). Pub. L. 95–217, § 5(a), added subsec. (g).
Statutory Notes and Related Subsidiaries
Short Title of 2021 Amendment
Pub. L. 117–58, div. E, § 50001, Nov. 15, 2021, 135 Stat. 1135, provided that:
“This division [see Tables for classification] may be cited as the ‘Drinking Water and Wastewater Infrastructure Act of 2021’.”
Pub. L. 116–337, § 1, Jan. 13, 2021, 134 Stat. 5120, provided that:
“This Act [amending
section 1330 of this title] may be cited as the ‘Protect and Restore America’s Estuaries Act’.”
Pub. L. 116–294, § 1, Jan. 5, 2021, 134 Stat. 4899, provided that:
“This Act [amending
section 1268 of this title] may be cited as the ‘Great Lakes Restoration Initiative Act of 2019’ or the ‘GLRI Act of 2019’.”
Short Title of 2019 Amendment
Pub. L. 115–436, § 1, Jan. 14, 2019, 132 Stat. 5558, provided that:
“This Act [enacting
section 1377a of this title and
section 4370j of Title 42, The Public Health and Welfare, amending sections 1319, 1342, and 1362 of this title, enacting provisions set out as a note under
section 4370j of Title 42, and renumbering provisions set out as a note under this section] may be cited as the ‘Water Infrastructure Improvement Act’.”
Short Title of 2018 Amendment
Pub. L. 115–282, title IX, § 901, Dec. 4, 2018, 132 Stat. 4322, provided that:
“This title [enacting sections 4729 and 4730 of Title 16, Conservation, amending sections
1319,
1322,
1365, and
1369 of this title, sections 4712 and 4725 of Title 16,
section 42 of Title 18, Crimes and Criminal Procedure, and
section 11301 of Title 46, Shipping, repealing
section 4711 of Title 16, enacting provisions set out as a note under
section 1322 of this title and
section 4711 of Title 16, and repealing provisions set out as a note under
section 1342 of this title] may be cited as the ‘Vessel Incidental
Discharge Act of 2018’.”
Short Title of 2008 Amendment
Pub. L. 110–365, § 1, Oct. 8, 2008, 122 Stat. 4021, provided that:
“This Act [amending sections
1268 and
1271a of this title] may be cited as the ‘
Great Lakes Legacy Reauthorization Act of 2008’.”
Pub. L. 110–288, § 1, July 29, 2008, 122 Stat. 2650, provided that:
“This Act [amending sections
1322,
1342, and
1362 of this title] may be cited as the ‘
Clean Boating Act of 2008’.”
Short Title of 2002 Amendment
Pub. L. 107–303, § 1(a), Nov. 27, 2002, 116 Stat. 2355, provided that:
“This Act [enacting
section 1271a of this title, amending sections 1254, 1266, 1268, 1270, 1285, 1290, 1324, 1329, 1330, and 1375 of this title, enacting provisions set out as notes under this section,
section 1254 of this title, and
section 1113 of Title 31, Money and Finance, and repealing provisions set out as a note under
section 50 of Title 20, Education] may be cited as the ‘
Great Lakes and Lake Champlain Act of 2002’.”
Pub. L. 107–303, title I, § 101, Nov. 27, 2002, 116 Stat. 2355, provided that:
Pub. L. 107–303, title II, § 201, Nov. 27, 2002, 116 Stat. 2358, provided that:
Short Title of 2000 Amendments
Pub. L. 106–457, title II, § 201, Nov. 7, 2000, 114 Stat. 1967, provided that:
“This title [amending
section 1267 of this title and enacting provisions set out as a note under
section 1267 of this title] may be cited as the ‘
Chesapeake Bay Restoration Act of 2000’.”
Pub. L. 106–457, title IV, § 401, Nov. 7, 2000, 114 Stat. 1973, provided that:
Pub. L. 106–457, title V, § 501, Nov. 7, 2000, 114 Stat. 1973, provided that:
Pub. L. 106–457, title VI, § 601, Nov. 7, 2000, 114 Stat. 1975, provided that:
Pub. L. 106–284, § 1, Oct. 10, 2000, 114 Stat. 870, provided that:
“This Act [enacting sections
1346 and
1375a of this title and amending sections
1254,
1313,
1314,
1362, and
1377 of this title] may be cited as the ‘
Beaches Environmental Assessment and Coastal Health Act of 2000’.”
Short Title of 1990 Amendment
Pub. L. 101–596, § 1, Nov. 16, 1990, 104 Stat. 3000, provided that:
“This Act [enacting sections
1269 and
1270 of this title, amending sections
1268,
1324, and
1416 of this title, and enacting provisions set out as notes under this section and
section 1270 of this title] may be cited as the ‘
Great Lakes Critical Programs Act of 1990’.”
Pub. L. 101–596, title II, § 201, Nov. 16, 1990, 104 Stat. 3004, provided that:
Pub. L. 101–596, title III, § 301, Nov. 16, 1990, 104 Stat. 3006, provided that:
Short Title of 1987 Amendment
Pub. L. 100–4, § 1(a), Feb. 4, 1987, 101 Stat. 7, provided that:
“This Act [enacting sections
1254a,
1267,
1268,
1281b,
1329,
1330,
1377,
1381 to
1387, and
1414a of this title, amending this section and sections
1254,
1256,
1262,
1281,
1282 to
1285,
1287,
1288,
1291,
1311 to
1313,
1314,
1317 to
1322,
1324,
1342,
1344,
1345,
1361,
1362,
1365,
1369,
1375, and
1376 of this title, and enacting provisions set out as notes under this section, sections
1284,
1311,
1317,
1319,
1330,
1342,
1345,
1362,
1375, and
1414a of this title, and
section 1962d–20 of Title 42, The Public Health and Welfare] may be cited as the ‘
Water Quality Act of 1987’.”
Short Title of 1981 Amendment
Pub. L. 97–117, § 1, Dec. 29, 1981, 95 Stat. 1623, provided that:
“This Act [enacting sections
1298,
1299, and
1313a of this title, amending sections
1281 to
1285,
1287,
1291,
1292,
1296,
1311, and
1314 of this title, and enacting provisions set out as notes under sections
1311 and
1375 of this title] may be cited as the ‘Municipal Wastewater Treatment Construction Grant Amendments of 1981’.”
Short Title of 1977 Amendment
Pub. L. 95–217, § 1, Dec. 27, 1977, 91 Stat. 1566, provided:
“That this Act [enacting sections
1281a,
1294 to
1296, and
1297 of this title, amending this section and sections
1252,
1254 to
1256,
1259,
1262,
1263,
1281,
1282 to
1288,
1291,
1292,
1311,
1314,
1315,
1317 to
1319,
1321 to
1324,
1328,
1341,
1342,
1344,
1345,
1362,
1364,
1375, and
1376 of this title, enacting provisions set out as notes under this section and sections
1284,
1286,
1314,
1321,
1342,
1344, and
1376 of this title, and amending provisions set out as a note under this section] may be cited as the ‘
Clean Water Act of 1977’.”
Short Title
Pub. L. 92–500, § 1, Oct. 18, 1972, 86 Stat. 816, provided that:
“That this Act [enacting this chapter, amending
section 24 of Title 12, Banks and Banking, sections 633 and 636 of Title 15, Commerce and Trade, and section 711 of former Title 31, Money and Finance, and enacting provisions set out as notes under this section and sections 1281 and 1361 of this title] may be cited as the ‘
Federal Water Pollution Control Act Amendments of 1972’.”
Act June 30, 1948, ch. 758, title V, § 520, formerly § 518, as added by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 896, amended Pub. L. 95–217, § 2, Dec. 27, 1977, 91 Stat. 1566, renumbered § 519, Pub. L. 100–4, title V, § 506, Feb. 4, 1987, 101 Stat. 76, renumbered § 520, Pub. L. 115–436, § 5(b)(1), Jan. 14, 2019, 132 Stat. 5561, provided that:
“This Act [this chapter] may be cited as the ‘
Federal Water Pollution Control Act’ (commonly referred to as the
Clean Water Act).”
Savings Provision
Pub. L. 92–500, § 4, Oct. 18, 1972, 86 Stat. 896, provided that:
“(a)
No suit, action, or other proceeding lawfully commenced by or against the Administrator or any other officer or employee of the United
States in his official capacity or in relation to the
discharge of his official duties under the
Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [
Oct. 18, 1972] shall abate by reason of the taking effect of the amendment made by section 2 of this Act [which enacted this chapter]. The court may, on its own motion or that of any party made at any time within twelve months after such taking effect, allow the same to be maintained by or against the Administrator or such officer or employee.
“(b)
All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to the
Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [
Oct. 18, 1972], and pertaining to any functions, powers, requirements, and duties under the
Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [
Oct. 18, 1972] shall continue in full force and effect after the date of enactment of this Act [
Oct. 18, 1972] until modified or rescinded in accordance with the
Federal Water Pollution Control Act as amended by this Act [this chapter].
“(c)
The
Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [
Oct. 18, 1972] shall remain applicable to all grants made from funds authorized for the fiscal year ending
June 30, 1972, and prior fiscal years, including any increases in the monetary amount of any such grant which may be paid from authorizations for fiscal years beginning after
June 30, 1972, except as specifically otherwise provided in section 202 of the
Federal Water Pollution Control Act as amended by this Act [
section 1282 of this title] and in subsection (c) of section 3 of this Act.”
Separability
Act June 30, 1948, ch. 758, title V, § 512, as added by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 894, provided that:
“If any provision of this Act [this chapter], or the application of any provision of this Act [this chapter] to any
person or circumstance, is held invalid, the application of such provision to other
persons or circumstances, and the remainder of this Act [this chapter], shall not be affected thereby.”
National Shellfish Indicator Program
Pub. L. 102–567, title III, § 308, Oct. 29, 1992, 106 Stat. 4286; as amended by Pub. L. 105–362, title II, § 201(b), Nov. 10, 1998, 112 Stat. 3282, provided that:
“(a) Establishment of a Research Program.—The Secretary of Commerce, in cooperation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, shall establish and administer a 5-year national shellfish research program (hereafter in this section referred to as the ‘Program’) for the purpose of improving existing classification systems for shellfish growing waters using the latest technological advancements in microbiology and epidemiological methods. Within 12 months after the date of enactment of this Act [Oct. 29, 1992], the Secretary of Commerce, in cooperation with the advisory committee established under subsection (b) and the Consortium, shall develop a comprehensive 5-year plan for the Program which shall at a minimum provide for—
“(1)
an environmental assessment of commercial shellfish growing areas in the United
States, including an evaluation of the relationships between indicators of fecal contamination and human enteric pathogens;
“(2)
the evaluation of such relationships with respect to potential health hazards associated with human consumption of shellfish;
“(3)
a comparison of the current microbiological methods used for evaluating indicator bacteria and human enteric pathogens in shellfish and shellfish growing waters with new technological methods designed for this purpose;
“(4)
the evaluation of current and projected systems for human sewage treatment in eliminating viruses and other human enteric pathogens which accumulate in shellfish;
“(5)
the design of epidemiological studies to relate microbiological data, sanitary survey data, and human shellfish consumption data to actual hazards to health associated with such consumption; and
“(6)
recommendations for revising Federal shellfish standards and improving the capabilities of Federal and
State agencies to effectively manage shellfish and ensure the safety of shellfish intended for human consumption.
“(b) Advisory Committee.—
(1)
For the purpose of providing oversight of the Program on a continuing basis, an advisory committee (hereafter in this section referred to as the ‘Committee’) shall be established under a memorandum of understanding between the Interstate Shellfish Sanitation Conference and the National Marine Fisheries Service.
“(2) The Committee shall—
“(A)
identify priorities for achieving the purpose of the Program;
“(B)
review and recommend approval or disapproval of Program work plans and plans of operation;
“(C)
review and comment on all subcontracts and grants to be awarded under the Program;
“(D)
receive and review progress reports from the Consortium and program subcontractors and grantees; and
“(E)
provide such other advice on the Program as is appropriate.
“(3) The Committee shall consist of at least ten members and shall include—
“(A)
three members representing agencies having authority under
State law to regulate the shellfish industry, of whom one shall represent each of the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions;
“(B)
three members representing
persons engaged in the shellfish industry in the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions (who shall be appointed from among at least six recommendations by the industry members of the Interstate Shellfish Sanitation Conference Executive Board), of whom one shall represent the shellfish industry in each region;
“(C)
three members, of whom one shall represent each of the following Federal agencies: the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the Food and Drug Administration; and
“(D)
one member representing the Shellfish Institute of North America.
“(4)
The Chairman of the Committee shall be selected from among the Committee members described in paragraph (3)(A).
“(5)
The Committee shall establish and maintain a subcommittee of scientific experts to provide advice, assistance, and information relevant to research funded under the Program, except that no individual who is awarded, or whose application is being considered for, a grant or subcontract under the Program may serve on such subcommittee. The membership of the subcommittee shall, to the extent practicable, be regionally balanced with experts who have scientific knowledge concerning each of the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions. Scientists from the National Academy of Sciences and appropriate Federal agencies (including the National Oceanic and Atmospheric Administration, Food and Drug Administration, Centers for Disease Control, National Institutes of Health, Environmental Protection Agency, and National Science Foundation) shall be considered for membership on the subcommittee.
“(6)
Members of the Committee and its scientific subcommittee established under this subsection shall not be paid for serving on the Committee or subcommittee, but shall receive travel expenses as authorized by
section 5703 of title 5, United
States Code.
“(c) Contract With Consortium.—Within 30 days after the date of enactment of this Act [Oct. 29, 1992], the Secretary of Commerce shall seek to enter into a cooperative agreement or contract with the Consortium under which the Consortium will—
“(1)
be the academic administrative organization and fiscal agent for the Program;
“(2)
award and administer such grants and subcontracts as are approved by the Committee under subsection (b);
“(3)
develop and implement a scientific peer review process for evaluating grant and subcontractor applications prior to review by the Committee;
“(4)
in cooperation with the Secretary of Commerce and the Committee, procure the services of a scientific project director;
“(5)
develop and submit budgets, progress reports, work plans, and plans of operation for the Program to the Secretary of Commerce and the Committee; and
“(6)
make available to the Committee such staff, information, and assistance as the Committee may reasonably require to carry out its activities.
“(d) Authorization of Appropriations.—
(1)
Of the sums authorized under section 4(a) of the
National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act (
Public Law 98–210;
97 Stat. 1409), there are authorized to be appropriated to the
Secretary of Commerce $5,200,000 for each of the fiscal years 1993 through 1997 for carrying out the Program. Of the amounts appropriated pursuant to this authorization, not more than 5 percent of such appropriation may be used for administrative purposes by the
National Oceanic and Atmospheric Administration. The remaining 95 percent of such appropriation shall be used to meet the administrative and scientific objectives of the Program.
“(2)
The Interstate Shellfish Sanitation Conference shall not administer appropriations authorized under this section, but may be reimbursed from such appropriations for its expenses in arranging for travel, meetings, workshops, or conferences necessary to carry out the Program.
“(e) Definitions.—As used in this section, the term—
“(1)
‘Consortium’ means the Louisiana Universities Marine Consortium; and
“(2)
‘shellfish’ means any species of oyster, clam, or mussel that is harvested for human consumption.”
Limitation on Payments
Pub. L. 100–4, § 2, Feb. 4, 1987, 101 Stat. 8, provided that:
“No payments may be made under this Act [see Short Title of 1987 Amendment note above] except to the extent provided in advance in appropriation Acts.”
Seafood Processing Study; Submittal of Results to Congress not Later Than January 1, 1979
Pub. L. 95–217, § 74, Dec. 27, 1977, 91 Stat. 1609, provided that the Administrator of the Environmental Protection Agency conduct a study to examine the geographical, hydrological, and biological characteristics of marine waters to determine the effects of seafood processes which dispose of untreated natural wastes into such waters and to include in this study an examination of technologies which may be used in such processes to facilitate the use of the nutrients in these wastes or to reduce the discharge of such wastes into the marine environment and to submit the result of this study to Congress not later than Jan. 1, 1979.
Oversight Study
Pub. L. 92–500, § 5, Oct. 18, 1972, 86 Stat. 897, authorized the Comptroller General of the United States to conduct a study and review of the research, pilot, and demonstration programs related to prevention and control of water pollution conducted, supported, or assisted by any Federal agency pursuant to any Federal law or regulation and assess conflicts between these programs and their coordination and efficacy, and to report to Congress thereon by Oct. 1, 1973.
International Trade Study
Pub. L. 92–500, § 6, Oct. 18, 1972, 86 Stat. 897, provided that:
“(a) The Secretary of Commerce, in cooperation with other interested Federal agencies and with representatives of industry and the public, shall undertake immediately an investigation and study to determine—
“(1)
the extent to which
pollution abatement and control programs will be imposed on, or voluntarily undertaken by, United
States manufacturers in the near future and the probable short- and long-range effects of the costs of such programs (computed to the greatest extent practicable on an industry-by-industry basis) on (A) the production costs of such domestic manufacturers, and (B) the market prices of the goods produced by them;
“(2)
the probable extent to which
pollution abatement and control programs will be implemented in foreign industrial nations in the near future and the extent to which the production costs (computed to the greatest extent practicable on an industry-by-industry basis) of foreign manufacturers will be affected by the costs of such programs;
“(3) the probable competitive advantage which any article manufactured in a foreign nation will likely have in relation to a comparable article made in the United States if that foreign nation—
“(A)
does not require its manufacturers to implement
pollution abatement and control programs.
“(B)
requires a lesser degree of
pollution abatement and control in its programs, or
“(C)
in any way reimburses or otherwise subsidizes its manufacturers for the costs of such program;
“(4)
alternative means by which any competitive advantage accruing to the products of any foreign nation as a result of any factor described in paragraph (3) may be (A) accurately and quickly determined, and (B) equalized, for example, by the imposition of a surcharge or duty, on a foreign product in an amount necessary to compensate for such advantage; and
“(5)
the impact, if any, which the imposition of a compensating tariff of other equalizing measure may have in encouraging foreign nations to implement
pollution and abatement control programs.
“(b)
The Secretary shall make an initial report to the President and Congress within six months after the date of enactment of this section [Oct. 18, 1972] of the results of the study and investigation carried out pursuant to this section and shall make additional reports thereafter at such times as he deems appropriate taking into account the development of relevant data, but not less than once every twelve months.”
International Agreements
Pub. L. 92–500, § 7, Oct. 18, 1972, 86 Stat. 898, provided that:
“The President shall undertake to enter into international agreement to apply uniform standards of performance for the control of the
discharge and emission of
pollutants from new sources, uniform controls over the
discharge and emission of
toxic pollutants, and uniform controls over the
discharge of pollutants into the
ocean. For this purpose the President shall negotiate multilateral treaties, conventions, resolutions, or other agreements, and formulate, present, or support proposals at the
United Nations and other appropriate international forums.”
National Policies and Goal Study
Pub. L. 92–500, § 10, Oct. 18, 1972, 86 Stat. 899, directed President to make a full and complete investigation and study of all national policies and goals established by law to determine what the relationship should be between these policies and goals, taking into account the resources of the Nation, and to report results of his investigation and study together with his recommendations to Congress not later than two years after Oct. 18, 1972.
Efficiency Study
Pub. L. 92–500, § 11, Oct. 18, 1972, 86 Stat. 899, directed President, by utilization of the General Accounting Office, to conduct a full and complete investigation and study of ways and means of most effectively using all of the various resources, facilities, and personnel of the Federal Government in order to most efficiently carry out the provisions of this chapter and to report results of his investigation and study together with his recommendations to Congress not later than two hundred and seventy days after Oct. 18, 1972.
Sex Discrimination
Pub. L. 92–500, § 13, Oct. 18, 1972, 86 Stat. 903, provided that:
“No
person in the United
States shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Act [see Short Title note above] the
Federal Water Pollution Control Act [this chapter], or the Environmental Financing Act [set out as a note under
section 1281 of this title]. This section shall be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the
Civil Rights Act of 1964 [section 2000d et seq. of Title 42, The Public Health and Welfare]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.”
Definition of “Administrator”
Pub. L. 100–4, § 1(d), Feb. 4, 1987, 101 Stat. 8, provided that:
“For purposes of this Act [see Short Title of 1987 Amendment note above], the term ‘Administrator’ means the Administrator of the Environmental Protection Agency.”
Executive Documents
Prevention, Control, and Abatement of Environmental Pollution at Federal Facilities
Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare, provides for the prevention, control, and abatement of environmental pollution at federal facilities.
Ex. Ord. No. 11742. Delegation of Functions to Secretary of State Respecting the Negotiation of International Agreements Relating to the Enhancement of the Environment
Ex. Ord. No. 11742, Oct. 23, 1973, 38 F.R. 29457, provided:
Under and by virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States, I hereby authorize and empower the Secretary of State, in coordination with the Council on Environmental Quality, the Environmental Protection Agency, and other appropriate Federal agencies, to perform, without the approval, ratification, or other action of the President, the functions vested in the President by Section 7 of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92–500; 86 Stat. 898) with respect to international agreements relating to the enhancement of the environment.
