33 U.S.C. § 1324 — Clean lakes

Page 547 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1324 1314(d)(3) of this title. Such program shall in- clude an inventory of property and facilities which could utilize such processes and tech- niques. (2) Construction shall not be initiated for fa- cilities for treatment of wastewater at any Fed- eral property or facility after September 30, 1979, if alternative methods for wastewater treatment at such property 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 application 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 or- derly compliance with conditions of a permit issued pursuant to section 1342 of this title. (c) Reasonable service charges (1) In general For the purposes of this chapter, reasonable service charges described in subsection (a) in- clude any reasonable nondiscriminatory fee, charge, or assessment that is— (A) based on some fair approximation of the proportionate contribution of the prop- erty or facility to stormwater pollution (in terms of quantities of pollutants, or volume or rate of stormwater discharge or runoff from the property or facility); and (B) used to pay or reimburse the costs as- sociated with any stormwater management program (whether associated with a separate storm sewer system or a sewer system that manages a combination of stormwater and sanitary waste), including the full range of programmatic and structural costs attrib- utable to collecting stormwater, reducing pollutants in stormwater, and reducing the volume and rate of stormwater discharge, regardless of whether that reasonable fee, charge, or assessment is denominated a tax. (2) Limitation on accounts (A) Limitation The payment or reimbursement of any fee, charge, or assessment described in para- graph (1) shall not be made using funds from any permanent authorization account in the Treasury. (B) Reimbursement or payment obligation of Federal Government Each department, agency, or instrumen- tality of the executive, legislative, and judi- cial branches of the Federal Government, as described in subsection (a), shall not be obli- gated to pay or reimburse any fee, charge, or assessment described in paragraph (1), ex- cept to the extent and in an amount pro- vided in advance by any appropriations Act to pay or reimburse the fee, charge, or as- sessment. (June 30, 1948, ch. 758, title III, § 313, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95–217, §§ 60, 61(a), Dec. 27, 1977, 91 Stat. 1597, 1598; Pub. L. 111–378, § 1, Jan. 4, 2011, 124 Stat. 4128.) Editorial Notes AMENDMENTS 2011—Subsec. (c). Pub. L. 111–378 added subsec. (c). 1977—Subsec. (a). Pub. L. 95–217, §§ 60, 61(a), des- ignated existing provisions as subsec. (a) and inserted provisions making officers, agents, or employees of Federal departments, agencies, or instrumentalities subject to Federal, State, interstate, and local require- ments, administrative authority, process, and sanc- tions respecting the control and abatement of water pollution in the same manner and to the same extent as non-governmental entities, including the payment of reasonable service charges, inserted provisions cov- ering Federal employee liability, and inserted provi- sions relating to military source exemptions and the issuance of regulations covering those exemptions. Subsec. (b). Pub. L. 95–217, § 60, added subsec. (b). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. MARINE GUIDANCE SYSTEMS Pub. L. 105–383, title IV, § 425(b), Nov. 13, 1998, 112 Stat. 3441, provided that: ‘‘The Secretary of Transpor- tation shall, within 12 months after the date of the en- actment of this Act [Nov. 13, 1998], evaluate and report to the Congress on the suitability of marine sector laser lighting, cold cathode lighting, and ultraviolet enhanced vision technologies for use in guiding marine vessels and traffic.’’ Executive Documents FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS For provisions relating to the responsibility of the head of each Executive agency for compliance with ap- plicable pollution control standards, see 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. EXECUTIVE ORDER NO. 11258 Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483, which related to prevention, control, and abatement of water pollution by federal activities, was superseded by Ex. Ord. No. 11286, July 2, 1966, 31 F.R. 9261. EXECUTIVE ORDER NO. 11288 Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261, which provided for prevention, control, and abatement of water pollution from federal activities, was superseded by Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573. § 1324. Clean lakes (a) Establishment and scope of program (1) State program requirements Each State on a biennial basis shall prepare and submit to the Administrator for his ap- proval— (A) an identification and classification ac- cording to eutrophic condition of all pub- licly owned lakes in such State; Page 548 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1324 (B) a description of procedures, processes, and methods (including land use require- ments), to control sources of pollution of such lakes; (C) a description of methods and proce- dures, in conjunction with appropriate Fed- eral 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 re- storing buffering capacity of lakes and methods of removing from lakes toxic met- als and other toxic substances 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 applicable water quality standards or which require im- plementation of control programs to main- tain compliance 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, in- cluding 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. (2) Submission as part of 1315(b)(1) report The information required under paragraph (1) shall be included in the report required under section 1315(b)(1) of this title, beginning with the report required under such section by April 1, 1988. (3) Report of Administrator Not later than 180 days after receipt from the States of the biennial information re- quired under paragraph (1), the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate a re- port on the status of water quality in lakes in the United States, including the effectiveness of the methods and procedures described in paragraph (1)(D). (4) Eligibility requirement Beginning after April 1, 1988, a State must have submitted the information required under paragraph (1) in order to receive grant assistance under this section. (b) Financial assistance to States The Administrator shall provide financial as- sistance to States in order to carry out methods and procedures approved by him under sub- section (a) of this section. The Administrator shall provide financial assistance to States to prepare the identification and classification sur- veys required in subsection (a)(1) of this section. (c) Maximum amount of grant; authorization of appropriations (1) The amount granted to any State for any fiscal year under subsection (b) of this section shall not exceed 70 per centum of the funds ex- pended by such State in such year for carrying out approved methods and procedures under sub- section (a) of this section. (2) There is authorized to be appropriated $50,000,000 for each of fiscal years 2001 through 2005 for grants to States under subsection (b) of this section which such sums shall remain avail- able until expended. The Administrator shall provide for an equitable distribution of such sums to the States with approved methods and procedures under subsection (a) of this section. (d) Demonstration program (1) General requirements The Administrator is authorized and di- rected to establish and conduct at locations throughout the Nation a lake water quality demonstration program. The program shall, at a minimum— (A) develop cost effective technologies for the control of pollutants to preserve or en- hance lake water quality while optimizing multiple lakes uses; (B) control nonpoint sources of pollution which are contributing to the degradation of water quality in lakes; (C) evaluate the feasibility of imple- menting regional consolidated pollution con- trol strategies; (D) demonstrate environmentally pre- ferred techniques for the removal and dis- posal of contaminated lake sediments; (E) develop improved methods for the re- moval of silt, stumps, aquatic growth, and other obstructions which impair the quality of lakes; (F) construct and evaluate silt traps and other devices or equipment to prevent or abate the deposit of sediment in lakes; and (G) demonstrate the costs and benefits of utilizing dredged material from lakes in the reclamation of despoiled land. (2) Geographical requirements Demonstration projects authorized by this subsection shall be undertaken to reflect a va- riety of geographical and environmental con- ditions. As a priority, the Administrator shall undertake demonstration projects at Lake Champlain, New York and Vermont; Lake Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and Belcher Creek, New Jer- sey; Deal Lake, New Jersey; Alcyon Lake, New Jersey; Gorton’s Pond, Rhode Island; Lake Washington, Rhode Island; Lake Bomoseen, Vermont; Sauk Lake, Minnesota; Otsego Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake, Ne- vada; Lake Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon; Highland Lake, Connecticut; Lily Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake George, New York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia; and Lake Worth, Texas. (3) Reports Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 Page 549 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1324 U.S.C. 1113 note; 109 Stat. 734–736), by January 1, 1997, and January 1 of every odd-numbered year thereafter, the Administrator shall re- port to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Pub- lic Works of the Senate on work undertaken pursuant to this subsection. Upon completion of the program authorized by this subsection, the Administrator shall submit to such com- mittees a final report on the results of such program, along with recommendations for fur- ther measures to improve the water quality of the Nation’s lakes. (4) Authorization of appropriations (A) In general There is authorized to be appropriated to carry out this subsection not to exceed $40,000,000 for fiscal years beginning after September 30, 1986, to remain available until expended. (B) Special authorizations (i) Amount There is authorized to be appropriated to carry out subsection (b) with respect to subsection (a)(1)(D) not to exceed $25,000,000 for fiscal years beginning after September 30, 1986, to remain available until expended. (ii) Distribution of funds The Administrator shall provide for an equitable distribution of sums appro- priated pursuant to this subparagraph among States carrying out approved meth- ods and procedures. Such distribution shall be based on the relative needs of each such State for the mitigation of the harmful ef- fects on lakes and other surface waters of high acidity that may reasonably be due to acid deposition or acid mine drainage. (iii) Grants as additional assistance The amount of any grant to a State under this subparagraph shall be in addi- tion to, and not in lieu of, any other Fed- eral financial assistance. (June 30, 1948, ch. 758, title III, § 314, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95–217, §§ 4(f), 62(a), Dec. 27, 1977, 91 Stat. 1567, 1598; Pub. L. 96–483, § 1(f), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(g), title III, § 315(a), (b), (d), Feb. 4, 1987, 101 Stat. 9, 49, 50, 52; Pub. L. 101–596, title III, § 302, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 104–66, title II, § 2021(c), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105–362, title V, § 501(b), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106–457, title VII, §§ 701, 702, Nov. 7, 2000, 114 Stat. 1976; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.) Editorial Notes REFERENCES IN TEXT Section 3003 of the Federal Reports Elimination and Sunset Act of 1995, referred to in subsec. (d)(3), is sec- tion 3003 of Pub. L. 104–66, which is set out as a note under section 1113 of Title 31, Money and Finance. AMENDMENTS 2002—Subsec. (a)(3), (4). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(b). See 1998 Amendment note below. 2000—Subsec. (c)(2). Pub. L. 106–457, § 701, substituted ‘‘$50,000,000 for each of fiscal years 2001 through 2005’’ for ‘‘$50,000,000 for the fiscal year ending June 30, 1973; $100,000,000 for the fiscal year 1974; $150,000,000 for the fiscal year 1975, $50,000,000 for fiscal year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year 1979, $60,000,000 for fiscal year 1980, $30,000,000 for fiscal year 1981, $30,000,000 for fiscal year 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $30,000,000 per fiscal year for each of the fiscal years 1986 through 1990’’. Subsec. (d)(2). Pub. L. 106–457, § 702(1), inserted ‘‘Ot- sego Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon; Highland Lake, Connecticut; Lily Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake George, New York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia;’’ after ‘‘Sauk Lake, Minnesota;’’. Subsec. (d)(3). Pub. L. 106–457, § 702(2), substituted ‘‘Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734–736), by’’ for ‘‘By’’. Subsec. (d)(4)(B)(i). Pub. L. 106–457, § 702(3), sub- stituted ‘‘$25,000,000’’ for ‘‘$15,000,000’’. 1998—Subsec. (a)(3), (4). Pub. L. 105–362, § 501(b), which directed the redesignation of par. (4) as (3) and striking out of heading and text of par. (3), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below. 1995—Subsec. (d)(3). Pub. L. 104–66 substituted ‘‘By January 1, 1997, and January 1 of every odd-numbered year thereafter, the Administrator shall report to the Committee on Transportation and Infrastructure’’ for ‘‘The Administrator shall report annually to the Com- mittee on Public Works and Transportation’’. 1990—Subsec. (d)(2). Pub. L. 101–596 inserted ‘‘Lake Champlain, New York and Vermont;’’ before ‘‘Lake Houston, Texas’’. 1987—Subsec. (a). Pub. L. 100–4, § 315(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Each State shall prepare or establish, and submit to the Administrator for his approval— ‘‘(1) an identification and classification according to eutrophic condition of all publicly owned fresh water lakes in such State; ‘‘(2) procedures, processes, and methods (including land use requirements), to control sources of pollu- tion of such lakes; and ‘‘(3) methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality of such lakes.’’ Subsec. (b). Pub. L. 100–4, § 315(d)(1), substituted ‘‘sub- section (a) of this section’’ for ‘‘this section’’ in first sentence. Subsec. (c)(1). Pub. L. 100–4, § 315(d)(2), substituted ‘‘subsection (b) of this section’’ for first reference to ‘‘this section’’ and ‘‘subsection (a) of this section’’ for second reference to ‘‘this section’’. Subsec. (c)(2). Pub. L. 100–4, §§ 101(g), 315(d)(3), struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘, such sums as may be necessary for fiscal years 1983 through 1985, and $30,000,000 per fiscal year for each of the fiscal years 1986 through 1990’’ after ‘‘1982’’, and substituted ‘‘sub- section (b) of this section’’ for first reference to ‘‘this section’’ and ‘‘subsection (a) of this section’’ for second reference to ‘‘this section’’. Subsec. (d). Pub. L. 100–4, § 315(b), added subsec. (d). 1980—Subsec. (c)(2). Pub. L. 96–483 inserted authoriza- tion of $30,000,000 for each of fiscal years 1981 and 1982. 1977—Subsec. (b). Pub. L. 95–217, § 62(a), inserted pro- vision directing the Administrator to provide financial assistance to States to prepare the identification and classification surveys required in subsec. (a)(1) of this section. Subsec. (c)(2). Pub. L. 95–217, § 4(f), substituted ‘‘$150,000,000 for the fiscal year 1975, $50,000,000 for fiscal Page 550 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1325 1 See References in Text note below. year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year 1979, and $60,000,000 for fiscal year 1980’’ for ‘‘and $150,000,000 for the fiscal year 1975’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title. § 1325. National Study Commission (a) Establishment There is established a National Study Com- mission, which shall make a full and complete investigation and study of all of the techno- logical aspects of achieving, and all aspects of the total economic, social, and environmental effects of achieving or not achieving, the efflu- ent limitations and goals set forth for 1983 in section 1311(b)(2) of this title. (b) Membership; chairman Such Commission shall be composed of fifteen members, including five members of the Senate, who are members of the Environment and Pub- lic Works committee, appointed by the Presi- dent of the Senate, five members of the House, who are members of the Public Works and Transportation committee, appointed by the Speaker of the House, and five members of the public appointed by the President. The Chair- man of such Commission shall be elected from among its members. (c) Contract authority In the conduct of such study, the Commission is authorized to contract with the National Academy of Sciences and the National Academy of Engineering (acting through the National Re- search Council), the National Institute of Ecol- ogy, Brookings Institution, and other non- governmental entities, for the investigation of matters within their competence. (d) Cooperation of departments, agencies, and instrumentalities of executive branch The heads of the departments, agencies and in- strumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out the requirements of this section, and shall furnish to the Commis- sion such information as the Commission deems necessary to carry out this section. (e) Report to Congress A report shall be submitted to the Congress of the results of such investigation and study, to- gether with recommendations, not later than three years after October 18, 1972. (f) Compensation and allowances The members of the Commission who are not officers or employees of the United States, while attending conferences or meetings of the Com- mission or while otherwise serving at the re- quest of the Chairman shall be entitled to re- ceive compensation at a rate not in excess of the maximum rate of pay for Grade GS–18, as pro- vided in the General Schedule under section 5332 of title 5, including traveltime and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence as authorized by law for persons in the Government service em- ployed intermittently. (g) Appointment of personnel In addition to authority to appoint personnel subject to the provisions of title 5 governing ap- pointments in the competitive service, and to pay such personnel in accordance with the pro- visions of chapter 51 and subchapter III of chap- ter 53 of such title relating to classification and General Schedule pay rates, the Commission shall have authority to enter into contracts with private or public organizations who shall furnish the Commission with such administra- tive and technical personnel as may be nec- essary to carry out the purpose of this section. Personnel furnished by such organizations under this subsection are not, and shall not be consid- ered to be, Federal employees for any purposes, but in the performance of their duties shall be guided by the standards which apply to employ- ees of the legislative branches under rules 41 and 43 1 of the Senate and House of Representatives, respectively. (h) Authorization of appropriation There is authorized to be appropriated, for use in carrying out this section, not to exceed $17,250,000. (June 30, 1948, ch. 758, title III, § 315, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 93–207, § 1(5), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93–592, § 5, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94–238, Mar. 23, 1976, 90 Stat. 250; H. Res. 988, Oct. 8, 1974; S. Res. 4, Feb. 4, 1977.) Editorial Notes REFERENCES IN TEXT Travel expenses, including per diem in lieu of subsist- ence as authorized by law, referred to subsec. (f), prob- ably refers to the allowances authorized by section 5703 of Title 5, Government Organization and Employees. The General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5. The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly ap- pearing in rule 43, referred to in subsec. (g), were con- tained in rule XXIV, which was subsequently renum- bered Rule XXIII by House Resolution No. 5, One Hun- dred Seventh Congress, Jan. 3, 2001. AMENDMENTS 1976—Subsec. (h). Pub. L. 94–238 substituted ‘‘$17,250,000’’ for ‘‘$17,000,000’’. 1975—Subsec. (h). Pub. L. 93–592 substituted ‘‘$17,000,000’’ for ‘‘$15,000,000’’. 1973—Subsecs. (g), (h). Pub. L. 93–207 added subsec. (g) and redesignated former subsec. (g) as (h). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works of Senate abolished and replaced by Committee on Environment and Public