8 Each day of violation shall constitute a separate offense. And any 9 and every master, pilot, and engineer, or person or persons acting 10 in such capacity, respectively, on board of any boat or vessel who 11 shall knowingly engage in towing any scow, boat, or vessel loaded 12 with any pollutants to any point or place of discharge in any interstate 13 or intrastate waters elsewhere than within the limits defined and 14 permitted by the Administrator, shall be deemed guilty of a violation 15 of this section, and shall upon conviction be punished as herein before 16 provided in this section, and shall also have his license revoked or 17 suspended for a term to be fixed by the judge before whom tried and 18 convicted. And any boat, vessel, scow, raft, or other craft used or 19 employed in violating any of the provisions of this section shall be 20 liable for the pecuniary penalties specified in this section, and in 21 addition thereto for the amount of the damages done by said boat, 22 vessel, scow, raft, or other craft, which latter sum shall be placed in 23 the fund established pursuant to section 311 of this Act and said boat, 24 vessel, scow, raft, or other craft may be proceeded against summarily 25 by the way of libel in any district court of the United States having 26 jurisdiction thereof.

27

"(c) That Administrator shall conduct the legal proceedings neces28 sary to enforce the provisions of this section; and it shall be his 29 duty to vigorously prosecute all offenders against the sanie, or when30 ever requested to do so by the Secretary of Army, or, by any of the 31 officials hereinafter designated, and for the better enforcement of 32 the sail section and to facilitate the detection and bringing to punish33 the said section and to facilitate the detection and bringing to punish34 ment of such ffenders, the officers and agents of the United States 35 in charge of river and harbor improvements, and the assistant engi. 36 neers and inspectors employed under them by authority of the Secre37 tary of Army, and the United States colectors of customs and other revenue officers, and officers and agents of the United States Const 39 Guard shall have power and authority to swear out process and to 40 arrest and take into custody, with or without process, any person or 41 persons who may commit any of the acts of offenses prohibited by the 42 aforesaid subsection of this section, or who may violate any of the 43 provisions of the same: Provided. That no person shall be arrested 44 without process for any offense not committed in the presence of 45 some one of the aforesaid officials: And provided further, That when46 ever any arrest is made under the provisions of this section, the 47 person so arrested shall be brought forthwith before a commissioner, 48 judge, or court of the United States for examination of the offenses

38

COMMENTS

(Bounty provisions promote litigation and are not

favored by the law or society in general.)

STAFF PRINT

1 alleged against him; and such commissioner, judge, or court shall 2 proceed in respect thereto as authorized by law in case of crimes 3 against the United States.

4

"(d)(1) Whenever, as part of an approved plan of implementation 5 under section 303 of this Act, a State, or, if appropriate, interstate 6 agency, establishes a mandatory permit or equivalent program for all 7 discharges of any pollutants into the interstate and intrastate waters 8 of such state, the Administrator shall delegate to such state, or interstate agency, the authority to grant permits under subsection (a) of 10 this section as it relates to such waters: Provided, That in the case of a proposed discharge into the Territorial Sea, the State shall consult 12 with the Administrator prior to the issuance of any permit.

9

11

26

29

"Minimum standards

"SEC. 403. Within 60 days after enactment of the National Water 27 Quality Standards Act of 1971, no (a) certification under section 401 28 of this Act; (b) permit under section 402 of this Act; or (c) implementation plan submitted for approval under section 303 of this Act 30 shall be accepted, issued or approved unless such certification, permit or plan (a) will provide for the achievement of water quality standards within the time provided in section 303 of this Act and (b) contains, as a minimum, (i) conditions or provisions conforming to any prohibition or effluent standard established under section 307 of this 35 Act; and (ii) conditions or provisions to conform to any standard of 36 performance established under section 306 of this Act.

31

32

33

34

COMMENTS

and maintain the established water quality is t

60-228-71-11

11

"(r) The term 'toxic pollutant' means those pollutants, or com12 binations of pollutants, which upon exposure to any organism, or 13 upon assimilation into any organism in concentrations of less than 14 1500 parts per million in any tissue, will cause adverse effects, including 15 behaviorial, cancer, genetic mutations, physiological malfunctions 16 including reproduction, and physical deformations on such organisms, 17 including man, and shall include all organisms, including viruses, 18 which cause adverse effects on organisms in receiving waters or on 19 humans;

COMMENTS

Please refer to our comments with

(We recommend deletion. respect to Section 307 (a), p. 26.)

"(t) the term 'biological monitoring' shall mean the periodic 32 sampling of organisms representative of levels of the food chain to 33 observe (1) the accumulation of pollutants in living tissue and (2) the effects of pollutants on the health of organisms."

34