Page:United States Statutes at Large Volume 91.djvu/1618

 91 STAT. 1584

PUBLIC LAW 95-217—DEC. 27, 1977 MODIFICATION OF SECONDARY TREATMENT REQUIREMENT

33 USC 1311.

SEC. 44. Section 301 of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof the following new subsection: " (h) The Administrator, with the concurrence of the State, may 33 USC 1342. issue a permit under section 402 which modifies the requirements of subsection (b)(1)(B) of this section with respect to the discharge of any pollutant in an existing discharge from a publicly owned treatment works into marine waters, if the applicant demonstrates to the satisfaction of the Administrator that— " (1) there is an applicable water quality standard specific to the pollutant for which the modification is requested, which has Post, p. 1587. been identified under section 304(a)(6) of this Act; " (2) such modified requirements will not interfere with the attainment or maintenance of that water quality which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife, and allows recreational activities, in and on the water; " (3) the applicant has established a system for monitoring the impact of such discharge on a representative sample of aquatic biota, to the extent practicable; " (4) such modified requirements will not result in any additional requirements on any other point or nonpoint source; " (5) all applicable pretreatment requirements for sources introducing waste into such treatment works will be enforced; " (6) to the extent practicable, the applicant has established a schedule of activities designed to eliminate the entrance of toxic pollutants from nonindustrial sources into such treatment works; " (7) there will be no new or substantially increased discharges from the point source of the pollutant to which the modification applies above that volume of discharge specified in the permit; " (8) any funds available to the owner of such treatment works 33 USC 1281. under title II of this Act will be used to achieve the degree of 33 USC 1281. effluent reduction required by section 201(b) and (g)(2)(A) or to carry out the requirements of this subsection. "The discharge of For the purposes of this subsection the phrase 'the discharge of any any pollutant into pollutant into marine waters' refers to a discharge into deep waters marine waters." of the territorial sea or the waters of the contiguous zone, or into saline estuarine waters where there is strong tidal movement and other hydrological and geological characteristics which the A d m i n i s t r a to r determines necessary to allow compliance with paragraph (2) of this 33 USC 1251. subsection, and section 101(a)(2) of this Act,". M U N I C I P A L T I M E EXTENSIONS

Request, terms and conditions, filing. Supra.

SEC. 45. Section 301 of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof the following new subsection: " (i)(1) Where construction is required in order for a planned or existing publicly owned treatment works to achieve limitations under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A) construction cannot be completed within the time required in such subsection, or (B) the United States has failed to make financial assistance under this Act available in time to achieve such limitations by the time specified in such subsection, the owner or operator of such treatment works may request the Administrator (or if a p p r o p r i a t e the State) to issue a permit pursuant to section 402 of this Act or to modify a permit issued pursuant to that section to extend such time for compliance. Any such

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