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CITE

    33 USC Sec. 1311                                            01/05/2009

EXPCITE

    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT

HEAD

    Sec. 1311. Effluent limitations

STATUTE

    (a) Illegality of pollutant discharges except in compliance with
      law
      Except as in compliance with this section and sections 1312,
    1316, 1317, 1328, 1342, and 1344 of this title, the discharge of
    any pollutant by any person shall be unlawful.
    (b) Timetable for achievement of objectives
      In order to carry out the objective of this chapter there shall
    be achieved -
        (1)(A) not later than July 1, 1977, effluent limitations for
      point sources, other than publicly owned treatment works, (i)
      which shall require the application of the best practicable
      control technology currently available as defined by the
      Administrator pursuant to section 1314(b) of this title, or (ii)
      in the case of a discharge into a publicly owned treatment works
      which meets the requirements of subparagraph (B) of this
      paragraph, which shall require compliance with any applicable
      pretreatment requirements and any requirements under section 1317
      of this title; and
        (B) for publicly owned treatment works in existence on July 1,
      1977, or approved pursuant to section 1283 of this title prior to
      June 30, 1974 (for which construction must be completed within
      four years of approval), effluent limitations based upon
      secondary treatment as defined by the Administrator pursuant to
      section 1314(d)(1) of this title; or,
        (C) not later than July 1, 1977, any more stringent limitation,
      including those necessary to meet water quality standards,
      treatment standards, or schedules of compliance, established
      pursuant to any State law or regulations (under authority
      preserved by section 1370 of this title) or any other Federal law
      or regulation, or required to implement any applicable water
      quality standard established pursuant to this chapter.
        (2)(A) for pollutants identified in subparagraphs (C), (D), and
      (F) of this paragraph, effluent limitations for categories and
      classes of point sources, other than publicly owned treatment
      works, which (i) shall require application of the best available
      technology economically achievable for such category or class,
      which will result in reasonable further progress toward the
      national goal of eliminating the discharge of all pollutants, as
      determined in accordance with regulations issued by the
      Administrator pursuant to section 1314(b)(2) of this title, which
      such effluent limitations shall require the elimination of
      discharges of all pollutants if the Administrator finds, on the
      basis of information available to him (including information
      developed pursuant to section 1325 of this title), that such
      elimination is technologically and economically achievable for a
      category or class of point sources as determined in accordance
      with regulations issued by the Administrator pursuant to section
      1314(b)(2) of this title, or (ii) in the case of the introduction
      of a pollutant into a publicly owned treatment works which meets
      the requirements of subparagraph (B) of this paragraph, shall
      require compliance with any applicable pretreatment requirements
      and any other requirement under section 1317 of this title;
        (B) Repealed. Pub. L. 97-117, Sec. 21(b), Dec. 29, 1981, 95
      Stat. 1632.
        (C) with respect to all toxic pollutants referred to in table 1
      of Committee Print Numbered 95-30 of the Committee on Public
      Works and Transportation of the House of Representatives
      compliance with effluent limitations in accordance with
      subparagraph (A) of this paragraph as expeditiously as
      practicable but in no case later than three years after the date
      such limitations are promulgated under section 1314(b) of this
      title, and in no case later than March 31, 1989;
        (D) for all toxic pollutants listed under paragraph (1) of
      subsection (a) of section 1317 of this title which are not
      referred to in subparagraph (C) of this paragraph compliance with
      effluent limitations in accordance with subparagraph (A) of this
      paragraph as expeditiously as practicable, but in no case later
      than three years after the date such limitations are promulgated
      under section 1314(b) of this title, and in no case later than
      March 31, 1989;
        (E) as expeditiously as practicable but in no case later than
      three years after the date such limitations are promulgated under
      section 1314(b) of this title, and in no case later than March
      31, 1989, compliance with effluent limitations for categories and
      classes of point sources, other than publicly owned treatment
      works, which in the case of pollutants identified pursuant to
      section 1314(a)(4) of this title shall require application of the
      best conventional pollutant control technology as determined in
      accordance with regulations issued by the Administrator pursuant
      to section 1314(b)(4) of this title; and
        (F) for all pollutants (other than those subject to
      subparagraphs (C), (D), or (E) of this paragraph) compliance with
      effluent limitations in accordance with subparagraph (A) of this
      paragraph as expeditiously as practicable but in no case later
      than 3 years after the date such limitations are established, and
      in no case later than March 31, 1989.
        (3)(A) for effluent limitations under paragraph (1)(A)(i) of
      this subsection promulgated after January 1, 1982, and requiring
      a level of control substantially greater or based on
      fundamentally different control technology than under permits for
      an industrial category issued before such date, compliance as
      expeditiously as practicable but in no case later than three
      years after the date such limitations are promulgated under
      section 1314(b) of this title, and in no case later than March
      31, 1989; and
        (B) for any effluent limitation in accordance with paragraph
      (1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established
      only on the basis of section 1342(a)(1) of this title in a permit
      issued after February 4, 1987, compliance as expeditiously as
      practicable but in no case later than three years after the date
      such limitations are established, and in no case later than March
      31, 1989.
    (c) Modification of timetable
      The Administrator may modify the requirements of subsection
    (b)(2)(A) of this section with respect to any point source for
    which a permit application is filed after July 1, 1977, upon a
    showing by the owner or operator of such point source satisfactory
    to the Administrator that such modified requirements (1) will
    represent the maximum use of technology within the economic
    capability of the owner or operator; and (2) will result in
    reasonable further progress toward the elimination of the discharge
    of pollutants.
    (d) Review and revision of effluent limitations
      Any effluent limitation required by paragraph (2) of subsection
    (b) of this section shall be reviewed at least every five years
    and, if appropriate, revised pursuant to the procedure established
    under such paragraph.
    (e) All point discharge source application of effluent limitations
      Effluent limitations established pursuant to this section or
    section 1312 of this title shall be applied to all point sources of
    discharge of pollutants in accordance with the provisions of this
    chapter.
    (f) Illegality of discharge of radiological, chemical, or
      biological warfare agents, high-level radioactive waste, or
      medical waste
      Notwithstanding any other provisions of this chapter it shall be
    unlawful to discharge any radiological, chemical, or biological
    warfare agent, any high-level radioactive waste, or any medical
    waste, into the navigable waters.
    (g) Modifications for certain nonconventional pollutants
      (1) General authority
        The Administrator, with the concurrence of the State, may
      modify the requirements of subsection (b)(2)(A) of this section
      with respect to the discharge from any point source of ammonia,
      chlorine, color, iron, and total phenols (4AAP) (when determined
      by the Administrator to be a pollutant covered by subsection
      (b)(2)(F) of this section) and any other pollutant which the
      Administrator lists under paragraph (4) of this subsection.
      (2) Requirements for granting modifications
        A modification under this subsection shall be granted only upon
      a showing by the owner or operator of a point source satisfactory
      to the Administrator that -
          (A) such modified requirements will result at a minimum in
        compliance with the requirements of subsection (b)(1)(A) or (C)
        of this section, whichever is applicable;
          (B) such modified requirements will not result in any
        additional requirements on any other point or nonpoint source;
        and
          (C) such modification will not interfere with the attainment
        or maintenance of that water quality which shall assure
        protection of public water supplies, and the protection and
        propagation of a balanced population of shellfish, fish, and
        wildlife, and allow recreational activities, in and on the
        water and such modification will not result in the discharge of
        pollutants in quantities which may reasonably be anticipated to
        pose an unacceptable risk to human health or the environment
        because of bioaccumulation, persistency in the environment,
        acute toxicity, chronic toxicity (including carcinogenicity,
        mutagenicity or teratogenicity), or synergistic propensities.
      (3) Limitation on authority to apply for subsection (c)
        modification
        If an owner or operator of a point source applies for a
      modification under this subsection with respect to the discharge
      of any pollutant, such owner or operator shall be eligible to
      apply for modification under subsection (c) of this section with
      respect to such pollutant only during the same time period as he
      is eligible to apply for a modification under this subsection.
      (4) Procedures for listing additional pollutants
        (A) General authority
          Upon petition of any person, the Administrator may add any
        pollutant to the list of pollutants for which modification
        under this section is authorized (except for pollutants
        identified pursuant to section 1314(a)(4) of this title, toxic
        pollutants subject to section 1317(a) of this title, and the
        thermal component of discharges) in accordance with the
        provisions of this paragraph.
        (B) Requirements for listing
          (i) Sufficient information
            The person petitioning for listing of an additional
          pollutant under this subsection shall submit to the
          Administrator sufficient information to make the
          determinations required by this subparagraph.
          (ii) Toxic criteria determination
            The Administrator shall determine whether or not the
          pollutant meets the criteria for listing as a toxic pollutant
          under section 1317(a) of this title.
          (iii) Listing as toxic pollutant
            If the Administrator determines that the pollutant meets
          the criteria for listing as a toxic pollutant under section
          1317(a) of this title, the Administrator shall list the
          pollutant as a toxic pollutant under section 1317(a) of this
          title.
          (iv) Nonconventional criteria determination
            If the Administrator determines that the pollutant does not
          meet the criteria for listing as a toxic pollutant under such
          section and determines that adequate test methods and
          sufficient data are available to make the determinations
          required by paragraph (2) of this subsection with respect to
          the pollutant, the Administrator shall add the pollutant to
          the list of pollutants specified in paragraph (1) of this
          subsection for which modifications are authorized under this
          subsection.
        (C) Requirements for filing of petitions
          A petition for listing of a pollutant under this paragraph -
            (i) must be filed not later than 270 days after the date of
          promulgation of an applicable effluent guideline under
          section 1314 of this title;
            (ii) may be filed before promulgation of such guideline;
          and
            (iii) may be filed with an application for a modification
          under paragraph (1) with respect to the discharge of such
          pollutant.
        (D) Deadline for approval of petition
          A decision to add a pollutant to the list of pollutants for
        which modifications under this subsection are authorized must
        be made within 270 days after the date of promulgation of an
        applicable effluent guideline under section 1314 of this title.
        (E) Burden of proof
          The burden of proof for making the determinations under
        subparagraph (B) shall be on the petitioner.
      (5) Removal of pollutants
        The Administrator may remove any pollutant from the list of
      pollutants for which modifications are authorized under this
      subsection if the Administrator determines that adequate test
      methods and sufficient data are no longer available for
      determining whether or not modifications may be granted with
      respect to such pollutant under paragraph (2) of this subsection.
    (h) Modification of secondary treatment requirements
      The Administrator, with the concurrence of the State, may issue a
    permit under section 1342 of this title which modifies the
    requirements of subsection (b)(1)(B) of this section with respect
    to the discharge of any pollutant 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
      been identified under section 1314(a)(6) of this title;
        (2) the discharge of pollutants in accordance with such
      modified requirements will not interfere, alone or in combination
      with pollutants from other sources, 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, and the scope of such
      monitoring is limited to include only those scientific
      investigations which are necessary to study the effects of the
      proposed discharge;
        (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) in the case of any treatment works serving a population of
      50,000 or more, with respect to any toxic pollutant introduced
      into such works by an industrial discharger for which pollutant
      there is no applicable pretreatment requirement in effect,
      sources introducing waste into such works are in compliance with
      all applicable pretreatment requirements, the applicant will
      enforce such requirements, and the applicant has in effect a
      pretreatment program which, in combination with the treatment of
      discharges from such works, removes the same amount of such
      pollutant as would be removed if such works were to apply
      secondary treatment to discharges and if such works had no
      pretreatment program with respect to such pollutant;
        (7) 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;
        (8) 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;
        (9) the applicant at the time such modification becomes
      effective will be discharging effluent which has received at
      least primary or equivalent treatment and which meets the
      criteria established under section 1314(a)(1) of this title after
      initial mixing in the waters surrounding or adjacent to the point
      at which such effluent is discharged.
    For the purposes of this subsection the phrase "the discharge of
    any pollutant into marine waters" refers to a discharge into deep
    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 Administrator determines necessary to allow compliance
    with paragraph (2) of this subsection, and section 1251(a)(2) of
    this title. For the purposes of paragraph (9), "primary or
    equivalent treatment" means treatment by screening, sedimentation,
    and skimming adequate to remove at least 30 percent of the
    biological oxygen demanding material and of the suspended solids in
    the treatment works influent, and disinfection, where appropriate.
    A municipality which applies secondary treatment shall be eligible
    to receive a permit pursuant to this subsection which modifies the
    requirements of subsection (b)(1)(B) of this section with respect
    to the discharge of any pollutant from any treatment works owned by
    such municipality into marine waters. No permit issued under this
    subsection shall authorize the discharge of sewage sludge into
    marine waters. In order for a permit to be issued under this
    subsection for the discharge of a pollutant into marine waters,
    such marine waters must exhibit characteristics assuring that water
    providing dilution does not contain significant amounts of
    previously discharged effluent from such treatment works. No permit
    issued under this subsection shall authorize the discharge of any
    pollutant into saline estuarine waters which at the time of
    application do not support a balanced indigenous population of
    shellfish, fish and wildlife, or allow recreation in and on the
    waters or which exhibit ambient water quality below applicable
    water quality standards adopted for the protection of public water
    supplies, shellfish, fish and wildlife or recreational activities
    or such other standards necessary to assure support and protection
    of such uses. The prohibition contained in the preceding sentence
    shall apply without regard to the presence or absence of a causal
    relationship between such characteristics and the applicant's
    current or proposed discharge. Notwithstanding any other provisions
    of this subsection, no permit may be issued under this subsection
    for discharge of a pollutant into the New York Bight Apex
    consisting of the ocean waters of the Atlantic Ocean westward of 73
    degrees 30 minutes west longitude and northward of 40 degrees 10
    minutes north latitude.
    (i) Municipal time extensions
      (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 chapter 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 appropriate the State) to issue a permit pursuant to section
    1342 of this title or to modify a permit issued pursuant to that
    section to extend such time for compliance. Any such request shall
    be filed with the Administrator (or if appropriate the State)
    within 180 days after February 4, 1987. The Administrator (or if
    appropriate the State) may grant such request and issue or modify
    such a permit, which shall contain a schedule of compliance for the
    publicly owned treatment works based on the earliest date by which
    such financial assistance will be available from the United States
    and construction can be completed, but in no event later than July
    1, 1988, and shall contain such other terms and conditions,
    including those necessary to carry out subsections (b) through (g)
    of section 1281 of this title, section 1317 of this title, and such
    interim effluent limitations applicable to that treatment works as
    the Administrator determines are necessary to carry out the
    provisions of this chapter.
      (2)(A) Where a point source (other than a publicly owned
    treatment works) will not achieve the requirements of subsections
    (b)(1)(A) and (b)(1)(C) of this section and -
        (i) if a permit issued prior to July 1, 1977, to such point
      source is based upon a discharge into a publicly owned treatment
      works; or
        (ii) if such point source (other than a publicly owned
      treatment works) had before July 1, 1977, a contract (enforceable
      against such point source) to discharge into a publicly owned
      treatment works; or
        (iii) if either an application made before July 1, 1977, for a
      construction grant under this chapter for a publicly owned
      treatment works, or engineering or architectural plans or working
      drawings made before July 1, 1977, for a publicly owned treatment
      works, show that such point source was to discharge into such
      publicly owned treatment works,
    and such publicly owned treatment works is presently unable to
    accept such discharge without construction, and in the case of a
    discharge to an existing publicly owned treatment works, such
    treatment works has an extension pursuant to paragraph (1) of this
    subsection, the owner or operator of such point source may request
    the Administrator (or if appropriate the State) to issue or modify
    such a permit pursuant to such section 1342 of this title to extend
    such time for compliance. Any such request shall be filed with the
    Administrator (or if appropriate the State) within 180 days after
    December 27, 1977, or the filing of a request by the appropriate
    publicly owned treatment works under paragraph (1) of this
    subsection, whichever is later. If the Administrator (or if
    appropriate the State) finds that the owner or operator of such
    point source has acted in good faith, he may grant such request and
    issue or modify such a permit, which shall contain a schedule of
    compliance for the point source to achieve the requirements of
    subsections (b)(1)(A) and (C) of this section and shall contain
    such other terms and conditions, including pretreatment and interim
    effluent limitations and water conservation requirements applicable
    to that point source, as the Administrator determines are necessary
    to carry out the provisions of this chapter.
      (B) No time modification granted by the Administrator (or if
    appropriate the State) pursuant to paragraph (2)(A) of this
    subsection shall extend beyond the earliest date practicable for
    compliance or beyond the date of any extension granted to the
    appropriate publicly owned treatment works pursuant to paragraph
    (1) of this subsection, but in no event shall it extend beyond July
    1, 1988; and no such time modification shall be granted unless (i)
    the publicly owned treatment works will be in operation and
    available to the point source before July 1, 1988, and will meet
    the requirements of subsections (b)(1)(B) and (C) of this section
    after receiving the discharge from that point source; and (ii) the
    point source and the publicly owned treatment works have entered
    into an enforceable contract requiring the point source to
    discharge into the publicly owned treatment works, the owner or
    operator of such point source to pay the costs required under
    section 1284 of this title, and the publicly owned treatment works
    to accept the discharge from the point source; and (iii) the permit
    for such point source requires that point source to meet all
    requirements under section 1317(a) and (b) of this title during the
    period of such time modification.
    (j) Modification procedures
      (1) Any application filed under this section for a modification
    of the provisions of -
        (A) subsection (b)(1)(B) of this section under subsection (h)
      of this section shall be filed not later that (!1) the 365th day
      which begins after December 29, 1981, except that a publicly
      owned treatment works which prior to December 31, 1982, had a
      contractual arrangement to use a portion of the capacity of an
      ocean outfall operated by another publicly owned treatment works
      which has applied for or received modification under subsection
      (h) of this section, may apply for a modification of subsection
      (h) of this section in its own right not later than 30 days after
      February 4, 1987, and except as provided in paragraph (5);
        (B) subsection (b)(2)(A) of this section as it applies to
      pollutants identified in subsection (b)(2)(F) of this section
      shall be filed not later than 270 days after the date of
      promulgation of an applicable effluent guideline under section
      1314 of this title or not later than 270 days after December 27,
      1977, whichever is later.
      (2) Subject to paragraph (3) of this section, any application for
    a modification filed under subsection (g) of this section shall not
    operate to stay any requirement under this chapter, unless in the
    judgment of the Administrator such a stay or the modification
    sought will not result in the discharge of pollutants in quantities
    which may reasonably be anticipated to pose an unacceptable risk to
    human health or the environment because of bioaccumulation,
    persistency in the environment, acute toxicity, chronic toxicity
    (including carcinogenicity, mutagenicity, or teratogenicity), or
    synergistic propensities, and that there is a substantial
    likelihood that the applicant will succeed on the merits of such
    application. In the case of an application filed under subsection
    (g) of this section, the Administrator may condition any stay
    granted under this paragraph on requiring the filing of a bond or
    other appropriate security to assure timely compliance with the
    requirements from which a modification is sought.
      (3) Compliance requirements under subsection (g). -
        (A) Effect of filing. - An application for a modification under
      subsection (g) of this section and a petition for listing of a
      pollutant as a pollutant for which modifications are authorized
      under such subsection shall not stay the requirement that the
      person seeking such modification or listing comply with effluent
      limitations under this chapter for all pollutants not the subject
      of such application or petition.
        (B) Effect of disapproval. - Disapproval of an application for
      a modification under subsection (g) of this section shall not
      stay the requirement that the person seeking such modification
      comply with all applicable effluent limitations under this
      chapter.
      (4) Deadline for subsection (g) decision. - An application for a
    modification with respect to a pollutant filed under subsection (g)
    of this section must be approved or disapproved not later than 365
    days after the date of such filing; except that in any case in
    which a petition for listing such pollutant as a pollutant for
    which modifications are authorized under such subsection is
    approved, such application must be approved or disapproved not
    later than 365 days after the date of approval of such petition.
      (5) Extension of application deadline. -
        (A) In general. - In the 180-day period beginning on October
      31, 1994, the city of San Diego, California, may apply for a
      modification pursuant to subsection (h) of this section of the
      requirements of subsection (b)(1)(B) of this section with respect
      to biological oxygen demand and total suspended solids in the
      effluent discharged into marine waters.
        (B) Application. - An application under this paragraph shall
      include a commitment by the applicant to implement a waste water
      reclamation program that, at a minimum, will -
          (i) achieve a system capacity of 45,000,000 gallons of
        reclaimed waste water per day by January 1, 2010; and
          (ii) result in a reduction in the quantity of suspended
        solids discharged by the applicant into the marine environment
        during the period of the modification.
        (C) Additional conditions. - The Administrator may not grant a
      modification pursuant to an application submitted under this
      paragraph unless the Administrator determines that such
      modification will result in removal of not less than 58 percent
      of the biological oxygen demand (on an annual average) and not
      less than 80 percent of total suspended solids (on a monthly
      average) in the discharge to which the application applies.
        (D) Preliminary decision deadline. - The Administrator shall
      announce a preliminary decision on an application submitted under
      this paragraph not later than 1 year after the date the
      application is submitted.
    (k) Innovative technology
      In the case of any facility subject to a permit under section
    1342 of this title which proposes to comply with the requirements
    of subsection (b)(2)(A) or (b)(2)(E) of this section by replacing
    existing production capacity with an innovative production process
    which will result in an effluent reduction significantly greater
    than that required by the limitation otherwise applicable to such
    facility and moves toward the national goal of eliminating the
    discharge of all pollutants, or with the installation of an
    innovative control technique that has a substantial likelihood for
    enabling the facility to comply with the applicable effluent
    limitation by achieving a significantly greater effluent reduction
    than that required by the applicable effluent limitation and moves
    toward the national goal of eliminating the discharge of all
    pollutants, or by achieving the required reduction with an
    innovative system that has the potential for significantly lower
    costs than the systems which have been determined by the
    Administrator to be economically achievable, the Administrator (or
    the State with an approved program under section 1342 of this
    title, in consultation with the Administrator) may establish a date
    for compliance under subsection (b)(2)(A) or (b)(2)(E) of this
    section no later than two years after the date for compliance with
    such effluent limitation which would otherwise be applicable under
    such subsection, if it is also determined that such innovative
    system has the potential for industrywide application.
    (l) Toxic pollutants
      Other than as provided in subsection (n) of this section, the
    Administrator may not modify any requirement of this section as it
    applies to any specific pollutant which is on the toxic pollutant
    list under section 1317(a)(1) of this title.
    (m) Modification of effluent limitation requirements for point
      sources
      (1) The Administrator, with the concurrence of the State, may
    issue a permit under section 1342 of this title which modifies the
    requirements of subsections (b)(1)(A) and (b)(2)(E) of this
    section, and of section 1343 of this title, with respect to
    effluent limitations to the extent such limitations relate to
    biochemical oxygen demand and pH from discharges by an industrial
    discharger in such State into deep waters of the territorial seas,
    if the applicant demonstrates and the Administrator finds that -
        (A) the facility for which modification is sought is covered at
      the time of the enactment of this subsection by National
      Pollutant Discharge Elimination System permit number CA0005894 or
      CA0005282;
        (B) the energy and environmental costs of meeting such
      requirements of subsections (b)(1)(A) and (b)(2)(E) of this
      section and section 1343 of this title exceed by an unreasonable
      amount the benefits to be obtained, including the objectives of
      this chapter;
        (C) the applicant has established a system for monitoring the
      impact of such discharges on a representative sample of aquatic
      biota;
        (D) such modified requirements will not result in any
      additional requirements on any other point or nonpoint source;
        (E) 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;
        (F) the discharge is into waters where there is strong tidal
      movement and other hydrological and geological characteristics
      which are necessary to allow compliance with this subsection and
      section 1251(a)(2) of this title;
        (G) the applicant accepts as a condition to the permit a
      contractural (!2) obligation to use funds in the amount required
      (but not less than $250,000 per year for ten years) for research
      and development of water pollution control technology, including
      but not limited to closed cycle technology;
        (H) the facts and circumstances present a unique situation
      which, if relief is granted, will not establish a precedent or
      the relaxation of the requirements of this chapter applicable to
      similarly situated discharges; and
        (I) no owner or operator of a facility comparable to that of
      the applicant situated in the United States has demonstrated that
      it would be put at a competitive disadvantage to the applicant
      (or the parent company or any subsidiary thereof) as a result of
      the issuance of a permit under this subsection.
      (2) The effluent limitations established under a permit issued
    under paragraph (1) shall be sufficient to implement the applicable
    State water quality standards, to assure the protection of public
    water supplies and protection and propagation of a balanced,
    indigenous population of shellfish, fish, fauna, wildlife, and
    other aquatic organisms, and to allow recreational activities in
    and on the water. In setting such limitations, the Administrator
    shall take into account any seasonal variations and the need for an
    adequate margin of safety, considering the lack of essential
    knowledge concerning the relationship between effluent limitations
    and water quality and the lack of essential knowledge of the
    effects of discharges on beneficial uses of the receiving waters.
      (3) A permit under this subsection may be issued for a period not
    to exceed five years, and such a permit may be renewed for one
    additional period not to exceed five years upon a demonstration by
    the applicant and a finding by the Administrator at the time of
    application for any such renewal that the provisions of this
    subsection are met.
      (4) The Administrator may terminate a permit issued under this
    subsection if the Administrator determines that there has been a
    decline in ambient water quality of the receiving waters during the
    period of the permit even if a direct cause and effect relationship
    cannot be shown: Provided, That if the effluent from a source with
    a permit issued under this subsection is contributing to a decline
    in ambient water quality of the receiving waters, the Administrator
    shall terminate such permit.
    (n) Fundamentally different factors
      (1) General rule
        The Administrator, with the concurrence of the State, may
      establish an alternative requirement under subsection (b)(2) of
      this section or section 1317(b) of this title for a facility that
      modifies the requirements of national effluent limitation
      guidelines or categorical pretreatment standards that would
      otherwise be applicable to such facility, if the owner or
      operator of such facility demonstrates to the satisfaction of the
      Administrator that -
          (A) the facility is fundamentally different with respect to
        the factors (other than cost) specified in section 1314(b) or
        1314(g) of this title and considered by the Administrator in
        establishing such national effluent limitation guidelines or
        categorical pretreatment standards;
          (B) the application -
            (i) is based solely on information and supporting data
          submitted to the Administrator during the rulemaking for
          establishment of the applicable national effluent limitation
          guidelines or categorical pretreatment standard specifically
          raising the factors that are fundamentally different for such
          facility; or
            (ii) is based on information and supporting data referred
          to in clause (i) and information and supporting data the
          applicant did not have a reasonable opportunity to submit
          during such rulemaking;
          (C) the alternative requirement is no less stringent than
        justified by the fundamental difference; and
          (D) the alternative requirement will not result in a non-
        water quality environmental impact which is markedly more
        adverse than the impact considered by the Administrator in
        establishing such national effluent limitation guideline or
        categorical pretreatment standard.
      (2) Time limit for applications
        An application for an alternative requirement which modifies
      the requirements of an effluent limitation or pretreatment
      standard under this subsection must be submitted to the
      Administrator within 180 days after the date on which such
      limitation or standard is established or revised, as the case may
      be.
      (3) Time limit for decision
        The Administrator shall approve or deny by final agency action
      an application submitted under this subsection within 180 days
      after the date such application is filed with the Administrator.
      (4) Submission of information
        The Administrator may allow an applicant under this subsection
      to submit information and supporting data until the earlier of
      the date the application is approved or denied or the last day
      that the Administrator has to approve or deny such application.
      (5) Treatment of pending applications
        For the purposes of this subsection, an application for an
      alternative requirement based on fundamentally different factors
      which is pending on February 4, 1987, shall be treated as having
      been submitted to the Administrator on the 180th day following
      February 4, 1987. The applicant may amend the application to take
      into account the provisions of this subsection.
      (6) Effect of submission of application
        An application for an alternative requirement under this
      subsection shall not stay the applicant's obligation to comply
      with the effluent limitation guideline or categorical
      pretreatment standard which is the subject of the application.
      (7) Effect of denial
        If an application for an alternative requirement which modifies
      the requirements of an effluent limitation or pretreatment
      standard under this subsection is denied by the Administrator,
      the applicant must comply with such limitation or standard as
      established or revised, as the case may be.
      (8) Reports
        By January 1, 1997, and January 1 of every odd-numbered year
      thereafter, the Administrator shall submit to the Committee on
      Environment and Public Works of the Senate and the Committee on
      Transportation and Infrastructure of the House of Representatives
      a report on the status of applications for alternative
      requirements which modify the requirements of effluent
      limitations under section 1311 or 1314 of this title or any
      national categorical pretreatment standard under section 1317(b)
      of this title filed before, on, or after February 4, 1987.
    (o) Application fees
      The Administrator shall prescribe and collect from each applicant
    fees reflecting the reasonable administrative costs incurred in
    reviewing and processing applications for modifications submitted
    to the Administrator pursuant to subsections (c), (g), (i), (k),
    (m), and (n) of this section, section 1314(d)(4) of this title, and
    section 1326(a) of this title. All amounts collected by the
    Administrator under this subsection shall be deposited into a
    special fund of the Treasury entitled "Water Permits and Related
    Services" which shall thereafter be available for appropriation to
    carry out activities of the Environmental Protection Agency for
    which such fees were collected.
    (p) Modified permit for coal remining operations
      (1) In general
        Subject to paragraphs (2) through (4) of this subsection, the
      Administrator, or the State in any case which the State has an
      approved permit program under section 1342(b) of this title, may
      issue a permit under section 1342 of this title which modifies
      the requirements of subsection (b)(2)(A) of this section with
      respect to the pH level of any pre-existing discharge, and with
      respect to pre-existing discharges of iron and manganese from the
      remined area of any coal remining operation or with respect to
      the pH level or level of iron or manganese in any pre-existing
      discharge affected by the remining operation. Such modified
      requirements shall apply the best available technology
      economically achievable on a case-by-case basis, using best
      professional judgment, to set specific numerical effluent
      limitations in each permit.
      (2) Limitations
        The Administrator or the State may only issue a permit pursuant
      to paragraph (1) if the applicant demonstrates to the
      satisfaction of the Administrator or the State, as the case may
      be, that the coal remining operation will result in the potential
      for improved water quality from the remining operation but in no
      event shall such a permit allow the pH level of any discharge,
      and in no event shall such a permit allow the discharges of iron
      and manganese, to exceed the levels being discharged from the
      remined area before the coal remining operation begins. No
      discharge from, or affected by, the remining operation shall
      exceed State water quality standards established under section
      1313 of this title.
      (3) Definitions
        For purposes of this subsection -
        (A) Coal remining operation
          The term "coal remining operation" means a coal mining
        operation which begins after February 4, 1987 at a site on
        which coal mining was conducted before August 3, 1977.
        (B) Remined area
          The term "remined area" means only that area of any coal
        remining operation on which coal mining was conducted before
        August 3, 1977.
        (C) Pre-existing discharge
          The term "pre-existing discharge" means any discharge at the
        time of permit application under this subsection.
      (4) Applicability of strip mining laws
        Nothing in this subsection shall affect the application of the
      Surface Mining Control and Reclamation Act of 1977 [30 U.S.C.
      1201 et seq.] to any coal remining operation, including the
      application of such Act to suspended solids.

SOURCE

    (June 30, 1948, ch. 758, title III, Sec. 301, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L. 95-217,
    Secs. 42-47, 53(c), Dec. 27, 1977, 91 Stat. 1582-1586, 1590; Pub.
    L. 97-117, Secs. 21, 22(a)-(d), Dec. 29, 1981, 95 Stat. 1631, 1632;
    Pub. L. 97-440, Jan. 8, 1983, 96 Stat. 2289; Pub. L. 100-4, title
    III, Secs. 301(a)-(e), 302(a)-(d), 303(a), (b)(1), (c)-(f), 304(a),
    305, 306(a), (b), 307, Feb. 4, 1987, 101 Stat. 29-37; Pub. L. 100-
    688, title III, Sec. 3202(b), Nov. 18, 1988, 102 Stat. 4154; Pub.
    L. 103-431, Sec. 2, Oct. 31, 1994, 108 Stat. 4396; Pub. L. 104-66,
    title II, Sec. 2021(b), Dec. 21, 1995, 109 Stat. 727.)

REFERENCES IN TEXT

      The Surface Mining Control and Reclamation Act of 1977, referred
    to in subsec. (p)(4), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445,
    as amended, which is classified generally to chapter 25 (Sec. 1201
    et seq.) of Title 30, Mineral Lands and Mining. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1201 of Title 30 and Tables.

AMENDMENTS

      1995 - Subsec. (n)(8). Pub. L. 104-66 substituted "By January 1,
    1997, and January 1 of every odd-numbered year thereafter, the
    Administrator shall submit to the Committee on Environment and
    Public Works of the Senate and the Committee on Transportation and
    Infrastructure" for "Every 6 months after February 4, 1987, the
    Administrator shall submit to the Committee on Environment and
    Public Works of the Senate and the Committee on Public Works and
    Transportation".
      1994 - Subsec. (j)(1)(A). Pub. L. 103-431, Sec. 2(1), inserted
    before semicolon at end ", and except as provided in paragraph
    (5)".
      Subsec. (j)(5). Pub. L. 103-431, Sec. 2(2), added par. (5).
      1988 - Subsec. (f). Pub. L. 100-688 substituted ", any high-level
    radioactive waste, or any medical waste," for "or high-level
    radioactive waste".
      1987 - Subsec. (b)(2)(C). Pub. L. 100-4, Sec. 301(a), struck out
    "not later than July 1, 1984," before "with respect" and inserted
    "as expeditiously as practicable but in no case later than three
    years after the date such limitations are promulgated under section
    1314(b) of this title, and in no case later than March 31, 1989"
    after "of this paragraph".
      Subsec. (b)(2)(D). Pub. L. 100-4, Sec. 301(b), substituted "as
    expeditiously as practicable, but in no case later than three years
    after the date such limitations are promulgated under section
    1314(b) of this title, and in no case later than March 31, 1989"
    for "not later than three years after the date such limitations are
    established".
      Subsec. (b)(2)(E). Pub. L. 100-4, Sec. 301(c), substituted "as
    expeditiously as practicable but in no case later than three years
    after the date such limitations are promulgated under section
    1314(b) of this title, and in no case later than March 31, 1989,
    compliance with" for "not later than July 1, 1984,".
      Subsec. (b)(2)(F). Pub. L. 100-4, Sec. 301(d), substituted "as
    expeditiously as practicable but in no case" for "not" and "and in
    no case later than March 31, 1989" for "or not later than July 1,
    1984, whichever is later, but in no case later than July 1, 1987".
      Subsec. (b)(3). Pub. L. 100-4, Sec. 301(e), added par. (3).
      Subsec. (g)(1). Pub. L. 100-4, Sec. 302(a), substituted par. (1)
    for introductory provisions of former par. (1) which read as
    follows: "The Administrator, with the concurrence of the State,
    shall modify the requirements of subsection (b)(2)(A) of this
    section with respect to the discharge of any pollutant (other than
    pollutants identified pursuant to section 1314(a)(4) of this title,
    toxic pollutants subject to section 1317(a) of this title, and the
    thermal component of discharges) from any point source upon a
    showing by the owner or operator of such point source satisfactory
    to the Administrator that - ". Subpars (A) to (C) of former par.
    (1) were redesignated as subpars. (A) to (C) of par. (2).
      Subsec. (g)(2). Pub. L. 100-4, Sec. 302(a), (d)(2), inserted
    introductory provisions of par. (2), and by so doing, redesignated
    subpars. (A) to (C) of former par. (1) as subpars. (A) to (C) of
    par. (2), realigned such subpars. with subpar. (A) of par. (4), and
    redesignated former par. (2) as (3).
      Subsec. (g)(3). Pub. L. 100-4, Sec. 302(a), (d)(1), redesignated
    former par. (2) as (3), inserted heading, and aligned par. (3) with
    par. (4).
      Subsec. (g)(4), (5). Pub. L. 100-4, Sec. 302(b), added pars. (4)
    and (5).
      Subsec. (h). Pub. L. 100-4, Sec. 303(d)(2), (e), in closing
    provisions, inserted provision defining "primary or equivalent
    treatment" for purposes of par. (9) and provisions placing
    limitations on issuance of permits for discharge of pollutant into
    marine waters and saline estuarine waters and prohibiting issuance
    of permit for discharge of pollutant into New York Bight Apex.
      Subsec. (h)(2). Pub. L. 100-4, Sec. 303(a), substituted "the
    discharge of pollutants in accordance with such modified
    requirements will not interfere, alone or in combination with
    pollutants from other sources," for "such modified requirements
    will not interfere".
      Subsec. (h)(3). Pub. L. 100-4, Sec. 303(b)(1), inserted ", and
    the scope of such monitoring is limited to include only those
    scientific investigations which are necessary to study the effects
    of the proposed discharge" before semicolon at end.
      Subsec. (h)(6) to (9). Pub. L. 100-4, Sec. 303(c), (d)(1), added
    par. (6), redesignated former pars. (6) and (7) as (7) and (8),
    respectively, substituted semicolon for period at end of par. (8),
    and added par. (9).
      Subsec. (i)(1). Pub. L. 100-4, Sec. 304(a), substituted "February
    4, 1987" for "December 27, 1977".
      Subsec. (j)(1)(A). Pub. L. 100-4, Sec. 303(f), inserted before
    semicolon at end ", except that a publicly owned treatment works
    which prior to December 31, 1982, had a contractual arrangement to
    use a portion of the capacity of an ocean outfall operated by
    another publicly owned treatment works which has applied for or
    received modification under subsection (h) of this section, may
    apply for a modification of subsection (h) of this section in its
    own right not later than 30 days after February 4, 1987".
      Subsec. (j)(2). Pub. L. 100-4, Sec. 302(c)(1), substituted
    "Subject to paragraph (3) of this section, any" for "Any".
      Subsec. (j)(3), (4). Pub. L. 100-4, Sec. 302(c)(2), added pars.
    (3) and (4).
      Subsec. (k). Pub. L. 100-4, Sec. 305, substituted "two years
    after the date for compliance with such effluent limitation which
    would otherwise be applicable under such subsection" for "July 1,
    1987" and inserted "or (b)(2)(E)" after "(b)(2)(A)" in two places.
      Subsec. (l). Pub. L. 100-4, Sec. 306(b), substituted "Other than
    as provided in subsection (n) of this section, the" for "The".
      Subsecs. (n), (o). Pub. L. 100-4, Sec. 306(a), added subsecs. (n)
    and (o).
      Subsec. (p). Pub. L. 100-4, Sec. 307, added subsec. (p).
      1983 - Subsec. (m). Pub. L. 97-440 added subsec. (m).
      1981 - Subsec. (b)(2)(B). Pub. L. 97-117, Sec. 21(b), struck out
    subpar. (B) which required that, not later than July 1, 1983,
    compliance by all publicly owned treatment works with the
    requirements in section 1281(g)(2)(A) of this title be achieved.
      Subsec. (h). Pub. L. 97-117, Sec. 22(a) to (c), struck out in
    provision preceding par. (1) "in an existing discharge" after
    "discharge of any pollutant", struck out par. (8), which required
    the applicant to demonstrate to the satisfaction of the
    Administrator that any funds available to the owner of such
    treatment works under subchapter II of this chapter be used to
    achieve the degree of effluent reduction required by section
    1281(b) and (g)(2)(A) of this title or to carry out the
    requirements of this subsection, and inserted in provision
    following par. (7) a further provision that a municipality which
    applies secondary treatment be eligible to receive a permit which
    modifies the requirements of subsec. (b)(1)(B) of this section with
    respect to the discharge of any pollutant from any treatment works
    owned by such municipality into marine waters and that no permit
    issued under this subsection authorize the discharge of sewage
    sludge into marine waters.
      Subsec. (i)(1), (2)(B). Pub. L. 97-117, Sec. 21(a), substituted
    "July 1, 1988," for "July 1, 1983," wherever appearing. Par. (2)(B)
    contained a reference to "July 1, 1983;" which was changed to "July
    1, 1988;" as the probable intent of Congress in that reference to
    July 1, 1983, was to the outside date for compliance for a point
    source other than a publicly owned treatment works and subpar. (B)
    allows a time extension for such a point source up to the date
    granted in an extension for a publicly owned treatment works, which
    date was extended to July 1, 1988, by Pub. L. 97-117.
      Subsec. (j)(1)(A). Pub. L. 97-117, Sec. 22(d), substituted "that
    the 365th day which begins after December 29, 1981" for "than 270
    days after December 27, 1977".
      1977 - Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 42(b), substituted
    "for pollutants identified in subparagraphs (C), (D), and (F) of
    this paragraph" for "not later than July 1, 1983".
      Subsec. (b)(2)(C) to (F). Pub. L. 95-217, Sec. 42(a), added
    subpars. (C) to (F).
      Subsec. (g). Pub. L. 95-217, Sec. 43, added subsec. (g).
      Subsec. (h). Pub. L. 95-217, Sec. 44, added subsec. (h).
      Subsec. (i). Pub. L. 95-217, Sec. 45, added subsec. (i).
      Subsec. (j). Pub. L. 95-217, Sec. 46, added subsec. (j).
      Subsec. (k). Pub. L. 95-217, Sec. 47, added subsec. (k).
      Subsec. (l). Pub. L. 95-217, Sec. 53(c), added subsec. (l).

CHANGE OF NAME

      Committee on Public Works and Transportation of House of
    Representatives treated as referring to Committee on Transportation
    and Infrastructure of House of Representatives by section 1(a) of
    Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
    The Congress.

MISCELLANEOUS

                     EFFECTIVE DATE OF 1987 AMENDMENT
      Section 302(e) of Pub. L. 100-4 provided that:
      "(1) General rule. - Except as provided in paragraph (2), the
    amendments made by this section [amending this section] shall apply
    to all requests for modifications under section 301(g) of the
    Federal Water Pollution Control Act [33 U.S.C. 1311(g)] pending on
    the date of the enactment of this Act [Feb. 4, 1987] and shall not
    have the effect of extending the deadline established in section
    301(j)(1)(B) of such Act.
      "(2) Exception. - The amendments made by this section shall not
    affect any application for a modification with respect to the
    discharge of ammonia, chlorine, color, iron, or total phenols
    (4AAP) under section 301(g) of the Federal Water Pollution Control
    Act pending on the date of the enactment of this Act; except that
    the Administrator must approve or disapprove such application not
    later than 365 days after the date of such enactment."
      Section 303(b)(2) of Pub. L. 100-4 provided that: "The amendment
    made by subsection (b) [amending this section] shall only apply to
    modifications and renewals of modifications which are tentatively
    or finally approved after the date of the enactment of this Act
    [Feb. 4, 1987]."
      Section 303(g) of Pub. L. 100-4 provided that: "The amendments
    made by subsections (a), (c), (d), and (e) of this section
    [amending this section] shall not apply to an application for a
    permit under section 301(h) of the Federal Water Pollution Control
    Act [33 U.S.C. 1311(h)] which has been tentatively or finally
    approved by the Administrator before the date of the enactment of
    this Act [Feb. 4, 1987]; except that such amendments shall apply to
    all renewals of such permits after such date of enactment."
      Section 304(b) of Pub. L. 100-4 provided that: "The amendment
    made by subsection (a) [amending this section] shall not apply to
    those treatment works which are subject to a compliance schedule
    established before the date of the enactment of this Act [Feb. 4,
    1987] by a court order or a final administrative order."
                     EFFECTIVE DATE OF 1981 AMENDMENT
      Section 22(e) of Pub. L. 97-117 provided that: "The amendments
    made by this section [amending this section] shall take effect on
    the date of enactment of this Act [Dec. 29, 1981], except that no
    applicant, other than the city of Avalon, California, who applies
    after the date of enactment of this Act for a permit pursuant to
    subsection (h) of section 301 of the Federal Water Pollution
    Control Act [33 U.S.C. 1311(h)] which modifies the requirements of
    subsection (b)(1)(B) of section 301 of such Act [33 U.S.C.
    1311(b)(1)(B)] shall receive such permit during the one-year period
    which begins on the date of enactment of this Act."
                                REGULATIONS
      Section 301(f) of Pub. L. 100-4 provided that: "The Administrator
    shall promulgate final regulations establishing effluent
    limitations in accordance with sections 301(b)(2)(A) and 307(b)(1)
    of the Federal Water Pollution Control Act [33 U.S.C.
    1311(b)(2)(A), 1317(b)(1)] for all toxic pollutants referred to in
    table 1 of Committee Print Numbered 95-30 of the Committee on
    Public Works and Transportation of the House of Representatives
    which are discharged from the categories of point sources in
    accordance with the following table:
                     "Category                       Date by which the
                                                     final regulation
                                                           shall
                                                      be promulgated
    --------------------------------------------------------------------
    Organic chemicals and plastics and                December 31, 1986.
     synthetic fibers
    Pesticides                                       December 31, 1986."
    --------------------------------------------------------------------
                 PHOSPHATE FERTILIZER EFFLUENT LIMITATION
      Amendment by section 306(a), (b) of Pub. L. 100-4 not to be
    construed (A) to require the Administrator to permit the discharge
    of gypsum or gypsum waste into the navigable waters, (B) to affect
    the procedures and standards applicable to the Administrator in
    issuing permits under section 1342(a)(1)(B) of this title, and (C)
    to affect the authority of any State to deny or condition
    certification under section 1314 of this title with respect to the
    issuance of permits under section 1342(a)(1)(B) of this title, see
    section 306(c) of Pub. L. 100-4, set out as a note under section
    1342 of this title.
       DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS
     ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION FROM FEDERAL WATER
                POLLUTION CONTROL REQUIREMENTS; CONDITIONS
      Pub. L. 98-67, title II, Sec. 214(g), Aug. 5, 1983, 97 Stat. 393,
    as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
    2095, provided that: "Any discharge from a point source in the
    United States Virgin Islands in existence on the date of the
    enactment of this subsection [Aug. 5, 1983] which discharge is
    attributable to the manufacture of rum (as defined in paragraphs
    (3) of section 7652(c) of the Internal Revenue Code of 1986
    [formerly I.R.C. 1954]) [26 U.S.C. 7652(c)(3)] shall not be subject
    to the requirements of section 301 (other than toxic pollutant
    discharges), section 306 or section 403 of the Federal Water
    Pollution Control Act [33 U.S.C. 1311, 1316, 1343] if -
        "(1) such discharge occurs at least one thousand five hundred
      feet into the territorial sea from the line of ordinary low water
      from that portion of the coast which is in direct contact with
      the sea, and
        "(2) the Governor of the United States Virgin Islands
      determines that such discharge will not interfere with the
      attainment or maintenance of that water quality which shall
      assure protection of public water supplies, and the protection
      and propagation of a balanced population of shellfish, fish, and
      wildlife, and allow recreational activities, in and on the water
      and will not result in the discharge of pollutants in quantities
      which may reasonably be anticipated to pose an unacceptable risk
      to human health or the environment because of bioaccumulation,
      persistency in the environment, acute toxicity, chronic toxicity
      (including carcinogenicity, mutagenicity, or teratogenicity), or
      synergistic propensities."
       CERTAIN MUNICIPAL COMPLIANCE DEADLINES UNAFFECTED; EXCEPTION
      Section 21(a) of Pub. L. 97-117 provided in part that: "The
    amendment made by this subsection [amending this section] shall not
    be interpreted or applied to extend the date for compliance with
    section 301(b)(1)(B) or (C) of the Federal Water Pollution Control
    Act [33 U.S.C. 1311(b)(1)(B), (C)] beyond schedules for compliance
    in effect as of the date of enactment of this Act [Dec. 29, 1981],
    except in cases where reductions in the amount of financial
    assistance under this Act [Pub. L. 97-117, see Short Title of 1981
    Amendment note set out under section 1251 of this title] or changed
    conditions affecting the rate of construction beyond the control of
    the owner or operator will make it impossible to complete
    construction by July 1, 1983."

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

      For extension of territorial sea and contiguous zone of United
    States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
    out as notes under section 1331 of Title 43, Public Lands.

FOOTNOTE

    (!1) So in original. Probably should be "than".
    (!2) So in original. Probably should be "contractual".
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