Federal Water Pollution Control Act

AuthorEnvironmental Law Reporter
Pages531-648
Federal Water Pollution Control Act
Subchapter I—Research and Related Programs
§1251.[FWPCA §101]
Congressional declaration of goals and policy
(a) Restoration and maintenance of chemical, physical and
biological integrity of Nation’s waters; national goals for
achievement of objective
The objective of this chapter 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—
(1) it is the national goal that the discharge of pollutants into the
navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal
of water quality which provides for the protection and propagation
of fish, shellfish, and wildlife and provides for recreation in and on
the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in
toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be
provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment man-
agement planning processes be developed and implemented to as-
sure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstra-
tion effort be made to develop technology necessary to eliminate
the discharge of pollutants into the navigable waters, waters of the
contiguous zone, and the oceans; and
(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 chapter to be met through the
control of both point and nonpoint sources of pollution.
(b) Congressional recognition, preservation, and protection of
primary responsibilities and rights of States
It is the policy of the Congress to recognize, preserve, and protect
the primary responsibilities and rights of States to prevent, reduce, and
eliminate pollution, to plan the development and use (including resto-
ration, preservation, and enhancement) of land and water resources,
and to consult with the Administrator in the exercise of his authority
under this chapter. It is the policy of Congress that the States manage
the construction grant program under this chapter and implement the
permit programs under sections 1342 and 1344 of this title. It is further
the policy of the Congress to support and aid research relating to the
prevention, reduction, and elimination of pollution and to provide
Federal technical services and financial aid to State and interstate
agencies and municipalities in connection with the prevention, reduc-
tion, and elimination of pollution.
(c) Congressional policy toward Presidential activities with
foreign countries
It is further the policy of Congress that the President, acting through
the Secretary of State and such national and international organiza-
tions as he determines appropriate, shall take such action as may be
necessary to insure that to the fullest extent possible all foreign coun-
tries shall take meaningful action for the prevention, reduction, and
elimination of pollution in their waters and in international waters and
for the achievement of goals regarding the elimination of discharge of
pollutants and the improvement of water quality to at least the same
extent as the United States does under its laws.
(d) Administrator of Environmental Protection Agency to
administer chapter
Except as otherwise expressly provided in this chapter, the Admin-
istrator of the Environmental Protection Agency (hereinafter in this
chapter called “Administrator”) shall administer this chapter.
(e) Public participation in development, revision, and
enforcement of any regulation, etc.
Public participation in the development, revision, and enforcement
of any regulation, standard, effluent limitation, plan, or program es-
tablished by the Administrator or any State under this chapter shall be
provided for, encouraged, and assisted by the Administrator and the
States. The Administrator, in cooperation with the States, shall de-
velop and publish regulations specifying minimum guidelines for
public participation in such processes.
(f) Procedures utilized for implementing chapter
It is the national policy that to the maximum extent possible the proce-
dures utilized for implementing this chapter shall encourage the drastic
minimization of paperwork and interagency decision procedures, and the
best use of available manpower and funds, so as to prevent needless du-
plication and unnecessary delays at all levels of government.
(g) Authority of States over water
It is the policy of Congress that the authority of each State to allocate
quantities of water within its jurisdiction shall not be superseded, abro-
gated or otherwise impaired by this chapter.It is the further policy of Con-
gress that nothing in this chapter shall be construed to supersede or abro-
gate rights to quantities of water which have been established by any
State. Federal agencies shall co-operate with State and local agencies to
develop comprehensive solutions to prevent, reduce and eliminate pollu-
tion in concert with programs for managing water resources.
(June 30, 1948, ch. 758, title I, §101, as added Oct. 18, 1972, Pub. L. 92-500,
§2, 86 Stat. 816, and amended Dec. 27, 1977, Pub. L. 95-217, §5(a), 26(b), 91
Stat.1567, 1575; Feb. 4, 1987, Pub. L. 100-4, title III, §316(b), 101 Stat. 60.)
Codification
The Federal Water Pollution Control Act, comprising this chapter,was originally
enacted by act June 30, 1948, ch. 758, 62 Stat. 1155, and amended by acts July 17,
1952, ch. 927, 66 Stat. 755; July 9, 1956, ch. 518, Sec. 1, 2, 70 Stat.498-507; June 25,
1959, Pub. L. 86-70, 73 Stat.141; July 12, 1960, Pub. L. 86-624, 74 Stat. 411; July 20,
1961, Pub. L. 87-88, 75 Stat. 204; Oct. 2, 1965, Pub. L. 89-234, 79 Stat. 903; Nov.3,
1966,Pub. L. 89-753, 80 Stat. 1246; Apr. 3, 1970, Pub. L. 91-224, 84 Stat. 91; Dec. 31,
1970, Pub. L. 91-611,84 Stat. 1818; July 9, 1971, Pub. L. 92-50, 85 Stat. 124; Oct. 13,
1971, Pub. L. 92-137, 85 Stat. 379; Mar.1, 1972, Pub. L. 92-240, 86 Stat. 47, and was
formerly classified first to section 466 et seq. of this title and later to section 1151 et
seq. of this title. The act is shown herein, however, as having been added by Pub. L.
92-500 without reference to such intervening amendments because of the extensive
amendment,reorganization, and expansion of the act’s provisions by Pub. L. 92-500.
Short Title Of 2002 Amendments
Pub. L. 107-303, Sec. 1(a), Nov. 27, 2002, 116Stat. 2355, provided that: “This
Act [enacting section 1271a of this title, amending sections 1254, 1266, 1268, 1270,
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 1113of Title 31, Money and
Finance, and repealing provisions set out as a note under section 50 of Title20, Edu-
cation] may be cited as the ‘Great Lakes and Lake Champlain Act of 2002’.”
Pub. L. 107-303, title I, Sec. 101, Nov. 27, 2002, 116Stat. 2355, provided that:
“This title [enacting section 1271a of this title and amending section 1268 of this ti-
tle] may be cited as the ‘Great Lakes Legacy Act of 2002’.”
Pub. L. 107-303, title II, Sec. 201, Nov. 27, 2002, 116Stat. 2358, provided that:
“This title [amending section 1270 of this title] may be cited as the ‘Daniel Patrick
Moynihan Lake Champlain Basin Program Act of 2002’.”
Short Title of 2000 Amendments
Pub. L. 106-457, title II, Sec. 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,Sec. 401, Nov. 7, 2000, 114 Stat. 1973, provided that:
“This title [amending section 1269 of this title] may be cited as the ‘Long Island
Sound Restoration Act’.”
Pub. L. 106-457, title V, Sec.501, Nov. 7, 2000, 114 Stat. 1973, provided that:
“This title [enacting section 1273 of this title] may be cited as the ‘Lake
Pontchartrain Basin Restoration Act of 2000’.”
Pub. L. 106-457, title VI, Sec. 601, Nov. 7, 2000, 114Stat. 1975, provided that:
“This title [enacting section 1300 of this title] may be cited as the ‘Alternative Water
Sources Act of 2000’.”
Pub.L. 106-284, Sec. 1, Oct. 10, 2000, 114 Stat. 870, provided that: “This Act [en-
actingsections 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 Assess-
ment and Coastal Health Act of 2000’.”
Short Title Of 1994 Amendments
Pub. L. 103-431, §1, Oct. 31, 1994, 108 Stat. 4396, provided that: “This Act [amend-
ing section 1311 of this title] may be cited as the ‘Ocean Pollution Reduction Act’.”
FWPCA §101 FEDERAL WATER POLLUTION CONTROL ACT 33 U.S.C. §1251
531
Short Title Of 1990 Amendment
Pub. L. 101-596, Sec. 1, Nov. 16, 1990, 104 Stat. 3000, provided that: “This Act
[enacting sections 1269 and 1270 of this title, amending sections 1268, 1324, and
1416of this title, and enacting provisions set out as notes under this section and section
1270of this title] may be cited as the ‘Great Lakes Critical Programs Act of 1990’.”
Pub. L. 101-596, title II, Sec. 201, Nov.16, 1990, 104 Stat. 3004, provided that: “This
part [probably means title, enacting section 1269 of this title and amending section 1416
of this title] may be cited as the ‘Long Island Sound Improvement Act of 1990’.”
Pub. L. 101-596, title III, Sec. 301, Nov.16, 1990, 104 Stat. 3006, provided that:
“This title [enacting section 1270 of this title, amending section 1324 of this title,
andenacting provisions set out as a note under section 1270 of this title] may be cited
as the ‘Lake Champlain Special Designation Act of 1990’.”
Short Title Of 1988 Amendment
Pub. L. 100-653, title X, Sec. 1001, Nov.14, 1988, 102 Stat. 3835, provided that: “This
title[amending section 1330 of this title and enacting provisions set out as notes under sec-
tion1330 of this title] may be cited as the ‘Massachusetts Bay Protection Act of 1988’.”
Short Title Of 1987 Amendment
Section 1(a) of Pub. L. 100-4 provided that: “This Act [enacting sections 1254a,
1267, 1268, 1281b, 1329, 1330, 1377, 1381 to 1387, and 1414a of this title, amend-
ing this section and sections 1254, 1256, 1262, 1281, 1282 to 1285, 1287, 1288,
1291, 1311to 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
ofthis 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,Sec. 1, Dec. 29, 1981, 95 Stat. 1623, provided that: “This Act [en-
acting 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 TreatmentConstruction Grant Amendments of 1981’.”
Short Title Of 1977 Amendment
Section 1 of Pub. L. 95-217 provided: “That this Act [enacting sections 1281a,
1294to 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
Section 1 of Pub. L. 92-500 provided that: “That this Act [enacting this chapter,
amending section 24 of Title 12, Banks and Banking, sections 633 and 636 of Title15,
Commerce and Trade, and section 711of former Title 31, Money and Finance, and en-
actingprovisions set out as notes under this section and sections 1281 and 1361 of this ti-
tle]may be cited as the ‘Federal Water Pollution Control Act Amendments of 1972’.”
Section519, formerly section 518, of Act June 30, 1948, ch. 758, title V, as added Oct.
18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 896, and amended Dec. 27, 1977, Pub. L. 95-
217, Sec. 2, 91 Stat.1566, and renumbered Sec. 519, Feb. 4, 1987, Pub. L. 100-4, title V,
Sec. 506, 101 Stat. 76, provided that: “This Act [this chapter] may be cited as the ‘Fe-
deral Water Pollution Control Act’(commonly referred to as the Clean Water Act).”
Savings Provisions
Section 4 of Pub. L. 92-500 provided that:
“(a) No suit, action, or other proceeding lawfully commenced by or against the Ad-
ministratoror 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 WaterPollution
ControlAct as in effect immediately prior to the date of enactment of this Act [Oct. 18,
1972] shall abate by reason of the taking effectof 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 pursu-
ant to the Federal WaterPollution Control Act as in effect immediately prior to the
date of enactment of this Act [Oct. 18, 1972], and pertaining to any functions, pow-
ers, requirements, and duties under the Federal WaterPollution Control Act as in ef-
fect immediately prior to the date of enactment of this Act [Oct. 18, 1972] shall con-
tinue 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 WaterPollution 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, includ-
ing 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 oth-
erwise provided in section 202 of the Federal WaterPollution Control Act as amended
by this Act [section 1282 of this title] and in subsection (c) of section 3 of this Act.”
Separability
Section 512 of act June 30, 1948, ch. 758, title V,as added Oct. 18, 1972, Pub. L.
92-500, Sec. 2, 86 Stat. 894, provided that: “If any provision of this Act [this chap-
ter], or the application of any provision of this Act [this chapter] to any person or cir-
cumstance, is held invalid, the application of such provision to other persons or cir-
cumstances, and the remainder of this Act (this chapter), shall not be affected
thereby.”
National Shellfish Indicator Program
Pub.L. 102-567, §308, Oct. 29, 1992, 106 Stat. 4286, 4287, 4288, provided that:
(a) Establishment of a research program.—The Secretary of Commerce, in
cooperationwith the Secretary of Health and Human Services and the Administrator
of the Environmental Protection Agency,shall establish and administer a 5-year na-
tional shellfish research program (hereafter in this section referred to as the ‘Pro-
gram’) for the purpose of improving existing classification systems for shellfish
growing waters using the latest technological advancements in microbiology and
epidemiological methods. Within12 months after the date of enactment of this Act,
the Secretary of Commerce, in cooperation with the advisory committee established
undersubsection (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 haz-
ards 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 treat-
mentin eliminating viruses and other human enteric pathogens which accumulate
in shellfish;
“(5) the design of epidemiological studies to relate microbiological data, sani-
tarysurvey 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 un-
derstanding between the Interstate Shellfish Sanitation Conference and the Na-
tional 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
toregulate the shellfish industry, of whom one shall represent each of the Atlan-
tic, 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 mem-
bers 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 Fed-
eral agencies: the National Oceanic and Atmospheric Administration, the En-
vironmental 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 Com-
mittee members described in paragraph (3)(A).
“(5) The Committee shall establish and maintain a subcommittee of scien-
tific experts to provide advice, assistance, and information relevant to re-
searchfunded 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 subcom-
mitteeshall, to the extent practicable, be regionally balanced with experts who
have scientific knowledge concerning each of the Atlantic, Pacific, and Gulf
ofMexico 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 member-
ship 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 sub-
committee, 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, 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);
33 U.S.C. §1251 ENVIRONMENTALLAW DESKBOOK FWPCA §101
532
“(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, pro-
cure the services of a scientific project director;
“(5)develop and submit budgets, progress reports, work plans, and plans of op-
eration 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) Reporting requirements.—Within3 months after the date of enactment of
this Act and within each of the next three consecutive 3-month intervals, the Secre-
tary of Commerce shall provide Congress with written assessments of Federal ef-
forts to implement this section. In addition, the Secretary of Commerce shall submit
an annual report to Congress on the Program, including a description of the research
funded under the Program and the results of such research.
(e) Authorization of appropriations.—(1) Of the sums authorized under sec-
tion 4(a) of the National Oceanic and Atmospheric Administration Marine Fisheries
ProgramAuthorization 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 Admin-
istration. 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 appro-
priations authorized under this section, but may be reimbursed from such appro-
priations for its expenses in arranging for travel, meetings, workshops, or confer-
ences necessary to carry out the Program.
(f) 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
Section 2 of Pub. L. 100-4 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 ToCongress Not Later
Than January 1, 1979
Pub. L. 95-217, Sec. 74, Dec. 27, 1977, 91 Stat. 1609, provided that the Adminis-
trator of the Environmental Protection Agency conduct a study to examine the geo-
graphical,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 re-
duce the discharge of such wastes into the marine environment and to submit the re-
sult of this study to Congress not later than Jan. 1, 1979.
Standards
For provisions relating to the responsibility of the head of each Executive agency
for compliance with applicable pollution control standards, see Ex. Ord. No. 12088,
Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title42, The
Public Health and Welfare.
Oversight Study
Section 5 of Pub. L. 92-500 authorized the Comptroller General of the United States to
conducta study and review of the research, pilot, and demonstration programs related to pre-
vention 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 pro-
gramsand their coordination and efficacy, and to report to Congress thereon by Oct. 1, 1973.
International Trade Study
Section 6 of Pub. L. 92-500 provided that:
“(a) The Secretary of Commerce, in cooperation with other interested Federal
agencies and with representatives of industry and the public, shall undertake imme-
diately an investigation and study to determine—
“(1) the extent to which pollution abatement and control programs will be im-
posed on, or voluntarily undertaken by, United States manufacturers in the near
futureand 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 pro-
grams, 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 surchargeor duty, on a foreign product in an amount neces-
sary to compensate for such advantage; and
“(5) the impact, if any, which the imposition of a compensating tariffof other
equalizing measure may have in encouraging foreign nations to implement pollu-
tion 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 addi-
tional 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
Section7 of Pub. L. 92-500 provided that: “The President shall undertake to enter into
internationalagreement to apply uniform standards of performance for the control of the
discharge and emission of pollutants from new sources, uniform controls over the dis-
charge and emission of toxic pollutants, and uniform controls over the dischargeof pol-
lutants into the ocean. For this purpose the President shall negotiate multilateral treaties,
conventions, resolutions, or other agreements, and formulate, present, or support pro-
posals at the United Nations and other appropriate international forums.”
National Policies And Goal Study
Section 10 of Pub. L. 92-500 authorized the President to make a full and complete in-
vestigation and study of all national policies and goals established by law to determine
whatthe relationship should be between these policies and goals, taking into account the
resources of the Nation, and to report the results of his investigation and study together
with his recommendations to Congress not later than two years after Oct. 18, 1972.
Efficiency Study
Section 11 of Pub. L. 92-500 authorized the President, by utilization of the Gen-
eral Accounting Office, to conduct a full and complete investigation and study of
ways and means of most effectivelyusing all of the various resources, facilities, and
personnelof the Federal Government in order to most efficiently carry out the provi-
sions of this chapter and to report the 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
Section 13 of Pub. L. 92-500 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 as-
sistanceunder this Act [see Short Title note above] the Federal Water Pollution Con-
trol 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 dis-
crimination, under title VI of the Civil Rights Act of 1964 (section 2000d et seq. of
Title42, The Public Health and Welfare). However, this remedy is not exclusive and
willnot prejudice or cut off any other legal remedies available to a discriminatee.”
Contiguous Zone Of United States
For extension of contiguous zone of United States,see Proc. No. 7219, set out as a
note under section 1331 of Title 43, Public Lands.
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 prevents, control,
and abatement of environmental pollution at federal facilities.
Executive Order No. 11548
Ex. Ord. No. 11548,July 20, 1970, 35 F.R. 11677, which related to the delegation
of Presidential functions, was superseded by Ex. Ord. No. 11735, Aug. 3, 1973, 38
F.R. 21243, formerly set out as a note under section 1321 of this title.
Definition Of “Administrator”
Section 1(d) of Pub. L. 100-4 provided that: “For purposes of this Act (see Short
Title of 1987 Amendment note above), the term ‘Administrator’means the Admin-
istrator of the Environmental Protection Agency.”
§1252.[FWPCA §102]
Comprehensive programs for water pollution control
(a) Preparation and development
The Administrator shall, after careful investigation, and in coopera-
tion with other Federal agencies, State water pollution control agen-
cies, interstate agencies, and the municipalities and industries in-
volved, prepare or develop comprehensive programs for preventing,
reducing, or eliminating the pollution of the navigable waters and
ground waters and improving the sanitary condition of surface and un-
derground waters. In the development of such comprehensive pro-
grams due regard shall be given to the improvements which are neces-
sary to conserve such waters for the protection and propagation of fish
and aquatic life and wildlife, recreational purposes, and the with-
drawal of such waters for public water supply,agricultural, industrial,
and other purposes. For the purpose of this section, the Administrator
FWPCA §102 FEDERAL WATER POLLUTION CONTROL ACT 33 U.S.C. §1252
533

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