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Public Law 92-500 (86 Stat. 816-904), amends The Federal Water Pollution Control Act of 1948 as previously amended, and is known also as "The Clean Water Act." It was enacted Oct. 18, 1972 over the veto of President Richard M. Nixon. This Act replaces all substantive provisions of the 1948 act as amended, which had begun as legislation simply providing federal technical assistance to state and local governments in regard to water pollution control, and which had gradually been expanded so that by 1965 it extended the federal role and jurisdiction to include all navigable waters, not just those which flowed between states, and required states to set water quality standards for their interstate waters.

However, the 1948 act as amended through 1965 was vigorously criticized for its lack of effective enforcement procedures, and the legal difficulties in linking particular dischargers with violations of stream quality standards.

The Clean Water Act of 1972 attempts to reduce the enforcement problems, as well as to continue the role of the federal government in providing financial assistance for the construction of municipal sewage treatment plants. These latter provisions are found in Titles II and VI of the Act, while standards and enforcement provisions are scattered throughout the Act, particularly in Title III.

Detailed Summary of Public Law 92-500, "Federal Water Pollution Control Act"

Sec. 101 is a "Declaration of Goals and Policy," and sets six goals:

1. To attain a "zero discharge of pollutants" into navigable waters by 1985, and,

2. as interim goals, to bring water quality, wherever attainable, up to both "fishable" and "swimable" standards by 1983;

3. To prohibit the discharge of toxic pollutants in toxic amounts;

4. To provide federal assistance to construct publically owned waste water treatment works;

5. To promote areawide waste treatment planning, and

6. To promote "a major research and demonstration effort to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans."

Sec. 102 provides for the development of a "Comprehensive Program for Water Pollution Control," and includes specific provisions relating to programs of the Army Corps of Engineers in regard to their work in behalf of the federal government to plan reservoirs, control stream flow, etc.

Sec. 103 promotes interstate cooperation and uniform laws among the states.

Sec. 104 deals with "research, investigations, training and information."

Sec. 105 provides grants for research and development.

Sec. 106 provides grants for pollution control programs.

Sec. 107 provides for "mine water pollution control demonstration projects."

Sec. 108 deals with "pollution control in the Great Lakes" that separate portions of the United States from Canada.

Sec. 109 provides training grants and contracts."

Sec. 110 deals with applications for such grants or contracts.

Sec. 111 provides for scholarships to undergraduate university students preparing for careers involving operation or maintenance of waste water treatment plants.

Sec. 112 provides definitions and authorizations.

Sec. 113 provides for Alaska Village Demonstration Projects."

Sec. 114 provides for a study for the Lake Tahoe region.

Sec. 115 requires the federal government "to identify the locations of in-place pollutants, with emphasis on toxic pollutants in harbors and navigable waterways," and authorizes funds "for the removal and appropriate disposal of such materials from critical port and harbor areas."

Title II - Grants for Construction of Treatment Works

Sec. 201 states the purpose of this title, which is "to require and assist the development and implementation of waste water management plans and practices."

Sec. 202 sets the federal share of costs for treatment works.

Sec. 203 deals with "plans, specifications, estimates, and payments."

Sec. 204 sets limitations and conditions.

Sec. 205 sets formular for allotment of authorized funds among states.

Sec. 206 deals with reimbursements and advanced construction projects.

Sec. 207 authorizes funds.

Sec. 208 deals with programs to promote areawide waste treatment management.

Sec. 209 provides for the preparation of a plan for all water basins of the United States.

Sec. 210 requires an annual survey of the efficiency and maintenance of treatment works constructed with grants under this Act.

Sec. 211 sets limits on use of funds for sewage collection systems.

Sec.212 provides definitions of terms used in this Act.

Tittle III - Standards and Enforcement

Sec. 301 deals with effluent limitations generally.

Sec. 302 provides for implementation of effluent limitations on specific point sources.

Sec. 303 deals with "Water Quality Standards and Implementation Plans."

Sec. 304 provides for dissemination of information and for guidelines.

Sec. 305 requires preparation of a "water quality inventory."

Sec. 306 requires preparation of national standards for discharges from a specific listing of manufacturing and processing industries, including pulp and paper mills, vegetable processing, chemical manufacturing, metal works, leather and rubber processing, etc.

Sec. 307 deals with "toxic and pretreatment effluent standards."

Sec. 308 deals with inspections, monitoring, and entry of inspectors onto private property.

Sec. 309 provides procedures for enforcement against polluters.

Sec. 310 deals with international pollution abatement.

Sec. 311 deals with liability in pollution by oil and by hazardous substances, and steps to clean up spills.

Sec. 312 deals with marine sanitation devices.

Sec. 313 deals with control of pollution from federally owned facilities.

Sec. 314 requires a survey by each state of all publicly owned fresh water lakes in the state, with classification of them according to standards of eutrophication.

Sec. 315 requires creation of a National Study Commission on the availability or non availability of technology for achieving the goals set for 1983 in Sec. 301(b)(2) of this Act.

Sec. 316 deals with thermal discharges into waterways.

Sec. 317 requires a study of alternate methods to finance of the cost of preventing, controlling, and abating pollution as directed in the Water Quality Improvement Act of 1970 (Public Law 91-224), including the possibility of establishing a pollution abatement trust fund.

Sec. 318 allows the Administrator of the Act to allow discharge of certain pollutants associated with an approved aqua culture project.

Title IV - Permits and Licenses

Sec. 401 creates a program requiring federal licenses or permits, after state certification, for the construction or operation of any facilities which may result in any discharge into federal waters.

Sec. 402, under the title "National Pollutant Discharge Elimination System," allows the Administrator, except as provided in Secs. 318 and 401 of the Act, to issue a permit for the discharge of any pollutant or combination of pollutants, providing certain criteria are still met.

Sec. 403 sets criteria for discharges into the oceans.

Sec. 404 provides for permits to dispose of dredged or fill materials.

Sec. 405 deals with disposal of sewage sludge.

Title V - General Provisions

Sec. 501 provides for the administration of the Act.

Sec. 502 provides general definitions.

Sec. 503 establishes in the Environmental Protection Agency a "Water Pollution Control Advisory Board."

Sec. 504 authorizes the Administrator to sue to block any release of a pollutant if it involves Local governments any imminent or substantial endangerment to human health or welfare, including destruction of fish and shellfish.

Sec. 505 authorizes "citizen suits" by private citizens against any person, including the United States or any governmental agency, alleged to be in violation of the provisions of this Act.

Sec. 506 authorizes the Administrator to request the Attorney General to provide representation in any civil or criminal action under this Act in which the Administrator is a party.

Sec. 507 provides legal protection for employees from their employers against any discrimination, including loss of their job, due to their cooperation in enforcing the Act.

Sec. 508 bars federal contracting with persons violating Sec. 309 of the Act.

Sec. 509 provides administrative procedures and for judicial review of administrative decisions.

Sec. 510 allows the individual states to set more stringent standards.

Sec. 511 states that the Act is not to be construed as limiting the authority of any federal officer granted under any other law or regulation that is not inconsistent with this Act, and deals with the Act's relation to the National Environmental Policy Act, which affects activities of the federal government itself..

Sec. 512 provides that if any provision is held invalid by the courts, that no other provisions are automatically affected.

Sec. 513 provides wage protection for laborers working on projects made with grants under this Act.

Sec. 514 provides for coordination with public health agencies.

Sec. 515 establishes an "Effluent Standards and Water Quality Information Advisory Committee."

Sec. 516 requires reports to Congress on the administration of this Act.

Sec. 517 provides a general authorization to carry out the provisions of this Act.

Sec. 518 provides that this Act may be cited as the "Federal Water Pollution Control Act."

Authorizations for Fiscal Year 1972

Sec. 3 (sic) makes authorizations for Fiscal Year 1972.

Sec. 4 provides that no lawsuit or proceeding initiated under the prior version of this Law shall be blocked by passage of this newer version.

Sec. 5 requires the Controller General to conduct for Congress a study and review of the research, pilot, and demonstration programs made under the Act.

Sec. 6 requires a study by the Department of Commerce on the impact on U.S. trade by reason of the imposition of these new requirements on U.S. manufacturers.

Sec. 7 directs the President to seek international agreement providing uniform standards for the control of the discharge of pollutants, including into the ocean.

Sec. 8 provides for loans by the Small Business Administration to assist small businesses to comply with the provisions of this Act.

Sec. 9 directs the President to have a study made on the feasibility of establishing a separate court or court system for environmental matters.

Sec. 10 directs the President to make an investigation of the national policies and goals and the impact on these of the provisions of this Act.

Sec. 11 directs the President to conduct and investigation of the most efficient ways to utilize federal personnel to implement this Act.

Sec. 12 - This section is separately named the "Environmental Financing Act of 1972," and establishes the Environmental Financing Authority to assist states in borrowing funds for projects made to comply with this Act.

Sec. 13 provides that no person can be excluded from participation in any program provided for by this act by reason of discrimination based on their sex.

(79 provisions; 89 pages) Source: S. 2770