Page:United States Statutes at Large Volume 92 Part 2.djvu/1187

 PUBLIC LAW 95-576—NOV. 2, 1978

92 STAT. 246*;

Public Law 95-576 95th Congress An Act To amend the Federal Water Pollution Control Act to provide additional authorizations for certain operating programs under the Act.

Nov. 2, 1978 [H.R. 12140]

J.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) clause (1) of section 104(u) of the Federal Water Pollution Control Act (33 U.S.C. 1254) IS amended to read as follows: "(1) not to exceed $100,000,000 per fiscal year for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975, and not to exceed $14,039,000 for the fiscal year ending September 30, 1980, for carrying out the provisions of this section, other than subsections (g)(1) and (2), (p), (r), and (t), except that such authorizations are not for any research, development, or demonstration activity pursuant to such provisions;", (b)(1) Section 311(a)(2) of the Federal Water Pollution Control Act is amended by inserting before the semicolon at the end thereof the following: ", but excludes (A) discharges in compliance with a permit under section 402 of this Act, (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under section 402 of this Act, and subject to a condition in such permit, and (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of this Act, which are caused by events occurring within the scope of relevant operating or treatment systems", (2) Section 311(a) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new paragraph: "(17) 'Otherwise subject to the jurisdiction of the United States' means subject to the jurisdiction of the United States by virtue of United States citizenship. United States vessel documentation or numbering, or as provided for by international agreement to which the United States is a party.". (3) Section 311(b)(2)(B) of such Act is amended to read as follows: "(B) The Administrator shall within 18 months after the date of enactment of this paragraph, conduct a study and report to the Congress on methods, mechanisms, and procedures to create incentives to achieve a higher standard of care in all aspects of the management and movement of hazardous substances on the part of owners, operators, or persons in charge of onshore facilities, offshore facilities, or vessels. The Administrator shall include in such study (1) limits of liability, (2) liability for third party damages, (3) penalties and fees, (4) spill prevention plans, (5) current practices in the insurance and banking industries, and (6) whether the penalty enacted in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public Law 92-500 should be enacted,".

Federal Water Pollution Control Act, amendment.

Oil and hazardous substance liability. 33 USC 1321. 33 USC 1342.

Study and report to Congress.

86 Stat. 862.

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