33 U.S.C. § 1315 — State reports on water quality

Page 471 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1316 (2) the States and regions that have made greatest use of alternative wastewater treat- ment and recycling technologies; and (3) the actions taken by the Administrator to assist States in the deployment of alter- native wastewater treatment and recycling technologies, including onsite and decentral- ized systems. (Pub. L. 115–270, title IV, § 4102, Oct. 23, 2018, 132 Stat. 3871.) Editorial Notes CODIFICATION Section was enacted as part of the America’s Water Infrastructure Act of 2018, and not as part of the Fed- eral Water Pollution Control Act which comprises this chapter. § 1315. State reports on water quality (a) Omitted. (b)(1) Each State shall prepare and submit to the Administrator by April 1, 1975, and shall bring up to date by April 1, 1976, and biennially thereafter, a report which shall include— (A) a description of the water quality of all navigable waters in such State during the pre- ceding year, with appropriate supplemental descriptions as shall be required to take into account seasonal, tidal, and other variations, correlated with the quality of water required by the objective of this chapter (as identified by the Administrator pursuant to criteria pub- lished under section 1314(a) of this title) and the water quality described in subparagraph (B) of this paragraph; (B) an analysis of the extent to which all navigable waters of such State provide for the protection and propagation of a balanced pop- ulation of shellfish, fish, and wildlife, and allow recreational activities in and on the water; (C) an analysis of the extent to which the elimination of the discharge of pollutants and a level of water quality which provides for the protection and propagation of a balanced pop- ulation of shellfish, fish, and wildlife and al- lows recreational activities in and on the water, have been or will be achieved by the re- quirements of this chapter, together with rec- ommendations as to additional action nec- essary to achieve such objectives and for what waters such additional action is necessary; (D) an estimate of (i) the environmental im- pact, (ii) the economic and social costs nec- essary to achieve the objective of this chapter in such State, (iii) the economic and social benefits of such achievement, and (iv) an esti- mate of the date of such achievement; and (E) a description of the nature and extent of nonpoint sources of pollutants, and rec- ommendations as to the programs which must be undertaken to control each category of such sources, including an estimate of the costs of implementing such programs. (2) The Administrator shall transmit such State reports, together with an analysis thereof, to Congress on or before October 1, 1975, and Oc- tober 1, 1976, and biennially thereafter. (June 30, 1948, ch. 758, title III, § 305, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 853; amended Pub. L. 95–217, § 52, Dec. 27, 1977, 91 Stat. 1589.) Editorial Notes CODIFICATION Subsec. (a) authorized the Administrator, in coopera- tion with the States and Federal agencies, to prepare a report describing the specific quality, during 1973, of all navigable waters and waters of the contiguous zone, in- cluding an inventory of all point sources of discharge of pollutants into these waters, and identifying those nav- igable waters capable of supporting fish and wildlife populations and allowing recreational activities, those which could reasonably be expected to attain this level by 1977 or 1983, and those which could attain this level sooner, and submit this report to Congress on or before Jan. 1, 1974. AMENDMENTS 1977—Subsec. (b)(1). Pub. L. 95–217, § 52(1), substituted ‘‘April 1, 1975, and shall bring up to date by April 1, 1976, and biennially thereafter’’ for ‘‘January 1, 1975, and shall bring up to date each year thereafter’’ in pro- visions preceding subpar. (A). Subsec. (b)(2). Pub. L. 95–217, § 52(2), substituted ‘‘on or before October 1, 1975, and October 1, 1976, and bien- nially thereafter’’ for ‘‘on or before October 1, 1975, and annually thereafter’’. § 1316. National standards of performance (a) Definitions For purposes of this section: (1) The term ‘‘standard of performance’’ means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator de- termines to be achievable through application of the best available demonstrated control tech- nology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. (2) The term ‘‘new source’’ means any source, the construction of which is commenced after the publication of proposed regulations pre- scribing a standard of performance under this section which will be applicable to such source, if such standard is thereafter promulgated in ac- cordance with this section. (3) The term ‘‘source’’ means any building, structure, facility, or installation from which there is or may be the discharge of pollutants. (4) The term ‘‘owner or operator’’ means any person who owns, leases, operates, controls, or supervises a source. (5) The term ‘‘construction’’ means any place- ment, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, in- cluding preparation work at such premises. (b) Categories of sources; Federal standards of performance for new sources (1)(A) The Administrator shall, within ninety days after October 18, 1972, publish (and from time to time thereafter shall revise) a list of categories of sources, which shall, at the min- imum, include: pulp and paper mills; paperboard, builders paper and board mills; meat product and rendering processing; dairy product processing;