33 U.S.C. § 1323 — Federal facilities pollution control

Page 546 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1323 numbered under chapter 123 of title 46, United States Code, to number of miles of shoreline (as that term is defined in section 926.2(d) of title 15, Code of Federal Regulations, as in effect on Janu- ary 1, 1991), is less than one. ‘‘(2) ‘coastal waters’ means— ‘‘(A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting wa- ters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes; and ‘‘(B) in other areas, those waters, adjacent to the shorelines, which contain a measurable percentage of sea water, including sounds, bay, lagoons, bay- ous, ponds, and estuaries. ‘‘(3) ‘coastal zone’ has the same meaning that term has in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1)); ‘‘(4) ‘inland State’ means a State which is not a coastal state; ‘‘(5) ‘type III marine sanitation device’ means any equipment for installation on board a vessel which is specifically designed to receive, retain, and discharge human body wastes; ‘‘(6) ‘pumpout station’ means a facility that pumps or receives human body wastes out of type III marine sanitation devices installed on board vessels; ‘‘(7) ‘recreational vessel’ means a vessel— ‘‘(A) manufactured for operation, or operated, pri- marily for pleasure; or ‘‘(B) leased, rented, or chartered to another for the latter’s pleasure; and ‘‘(8) ‘waste reception facility’ means a facility spe- cifically designed to receive wastes from portable toilets carried on vessels, and does not include lavatories.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. 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. § 1323. Federal facilities pollution control (a) Compliance with pollution control require- ments by Federal entities 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 runoff 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, administra- tive authority, and process and sanctions re- specting 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 re- quirement whether substantive or procedural (including any recordkeeping or reporting re- quirement, any requirement respecting permits and any other requirement, whatsoever), (B) to the exercise of any Federal, State, or local ad- ministrative 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 offi- cial 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 pro- ceeding may be removed in accordance with sec- tion 1441 et seq. of title 28. 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 aris- ing under Federal law or imposed by a State or local court to enforce an order or the process of such court. The President may exempt any ef- fluent source of any department, agency, or in- strumentality in the executive branch from compliance with any such a requirement if he determines it to be in the paramount interest of the United States to do so; except that no ex- emption may be granted from the requirements of section 1316 or 1317 of this title. No such ex- emptions shall be granted due to lack of appro- priation unless the President shall have specifi- cally 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 exemp- tions may be granted for periods of not to ex- ceed one year upon the President’s making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting such exemption. In addition to any such exemption of a particular effluent source, the President may, if he deter- mines it to be in the paramount interest of the United States to do so, issue regulations ex- empting from compliance with the requirements of this section any weaponry, equipment, air- craft, vessels, vehicles, or other classes or cat- egories of property, 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 nature. The President shall reconsider the need for such reg- ulations at three-year intervals. (b) Cooperation with Federal entities and limita- tion on facility construction (1) The Administrator shall coordinate with the head of each department, agency, or instru- mentality of the Federal Government having ju- risdiction over any property or facility utilizing federally owned wastewater facilities to develop a program of cooperation for utilizing waste- water control systems utilizing those innovative treatment processes and techniques for which guidelines have been promulgated under section 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;