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DUVAL CORPORATION

[WILLIAM EDWARD WILSON, SHREVEPORT, LOUISIANA]

STAFF PRINT

COMMENTS

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(c) The term 'treatment works' means any devices and systems used in the storage and treatment of municipal sewage or industrial

sasts of a liquil nature necessary prior to the discharge thereof into any waters or otherwise, to meet applicable water quality standards or to recycle or reuse water at the most economical cast over the estimatesi ren unable life of the works, including works for the abategret of combined sewer overflows, separation, intercepting sewers, outfall seners, pumping, power, and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; and any works, including site acquisition, neressary, as detertained by the Administrator, to dispose of residues resulting from such treatment."

TITLE III

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STANDARDS AND ENFORCEMENT

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Sec. 301-Water quality information

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Sec. 302--Water quality standards

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Sex. 303-Implementation plans

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Sec. 304-Nonpoint source controls, basin plans, and lake reclamation Sec. 305-Federal approval and promulgation

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Sec. 306-National uniform standards of performance for new sources Sec. 307-Toxic and pretreatment effluent standards

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Sec. 308-Inspections, monitoring and entry

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"SEC. 301. (a) Water quality standards, and implementation plans established pursuant to this Act shall have the purpose of protecting and improving the public health and welfare, protecting and enhancing the quality of the Nation's waters for the benefit and ajoyment of present and future gene.ations of Americans, and otherwise serving the purposes of this Act.

(b) Each State shall I ave the primary responsibility for assuring water quality within the entire geographic area comprising such State by adopting and subunitting under sectious 303 and 304 implementation plans for such State to specify the manner in which water quality standards will be achieved, and maintained, and water quality enhanced within such State.

**(c) Pablic participation and participation by the States in the development, revision, and enforcement of water quality standards and

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STAFF PRINT

1 implementation plans at all levels of government shall be provided for,

2 encouraged, and assisted by the Administrator and the States.

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"(d) The Administrator shall, after consultation with appropriate Federal and State agencies and other interested persons, develop and 5 publish, within 90 days after the effective date of this subsection, 6 criteria of water quality for the purpose of adopting or revising water 7 quality standards. Such criteria shall accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on health and welfare which may be expected from the presence of nutrient and related pollutants as well as other sister 11 pollutants in any body of water, including ground water, in varying 12 quantities and correlated to water use designations. Such criteria, and revisions thereof, shall be issued to the States and shall be published 14 in the Federal Register and otherwise shall be made available to the 15 public.

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"(e) The Administrator shall, after consultation with appropriate Federal and State agencies and other interested persons, issue to the 18 States and appropriate water pollution control agencies from time to time information on available pollution control techniques including 20 information on processes, procedures, and operating methods which 21 result in the reduction of the discharge of pollutants. Such information 22 shall include technical data relating to, and costs of such methods and 23 such data as are available on alternative methods of prevention and 24 control of water pollution. Such information, and revisions thereof, 25 shall be published in the Federal Register and otherwise shall be inade 26 available to the public.

27✓ (1) The Administrator shall, after consultation with appro28 priate Federal and State agencies and other interested persons issue to the States and appropriate water pollution control agencies, within six months after the effective date of this paragraph, and from time to time thereafter, information on processes, procedures, and methods, to control water pollution resulting from-

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SEC 302. (a)(1) Any water quality standards and implementa tion plats applicable to interstate waters adopted by any State and submitted to the Administrator pursuant to the Federal Water Pollu tion Control Act prior to enactment of the National Water Quality Standards Act of 1971 and approved by the Administrator on or before the date of enactment of the such Act shall remain in effect, unless the Administrator determines that such standards under subscetion of this section, or plans under section 303, or any portion thereof, are not consistent with the applicable requirements of the Federal Water Pollution Control Act (as amended by the National Water Quality Standards Act of 1971), and will not be implemented in the time required by the National Water Quality Standards Act of 1971. If the Administrator so determines, he shall, within 3 months after date of enactment of the National Water Quality Standards Act of 1971, noufy the State and specify in what respects changes are needed to meet the additional requirements of the National Water Quality Standards Act of 1971. If such changes are not adopted by the State after public hearings and within 3 months after such noti fication, the Administrator shall promulgate such changes pursuant to section 305 of this Act.

2) Any water quality standards and implementation plans appli cable to interstate waters adopted by any State and submitted to the Administrator pursuant to the Federal Water Pollution Control Act prior to enactment of the National Water Quality Standards Act of 1971, pending before the Administrator on or before the date of enactment of the National Water Quality Standards Act of 1971, may be approved by the Administrator and shall remain in effect, unless the Administrator determines that such standards under subsection (d) of this section, or plans under section 303, or any portion thereof, are not consistent with the applicable requirements of the Federal Water Pollution Control Act (as amended by the National Water Quality Standards Act of 1971) and will not be implemented in the time required by the National Water Quality Standards Act of 1971. If the Administrator so determines, he shall, within 3 months after date of enactment of the National Water Quality Standards Act

COMMENTS

Eliminate "restore and".

Reason: Restoration implies a return to the primeval purity of a given body of water. Some water ways are not used for nor even intended for drinking water and in some cases recreational water.

What programs concerning mining are authorized to be conducted by the Secretary of the Army or the Secretary of Agriculture?

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istrator determines that

"(A) one or more sources discharging into such portion of interstate of intrastate waters are unable to comply with the requirements of such plan which implement such minimum standard because the necessary technology or other alternatives are not available, or will not be available, soon enough to permit compliance within such year period;

"(B) the State has considered and applied as a part of its plan reasonably available alternative means of attaining such minimum standard and has justifiably concluded that attainment of such minimum standard within the years period cannot be achieved; and

"(C) the continued operation and such source or sources is essential to national security or the public health and welfare "(2) The Adininistrator may grant an extension under paragraph (1) only if he determines that the State plan provides for -

"(A) application of the requirements of the plan which implement such minimum standard to all discharge sources in such state other than the sources described in paragraph (1)(A) within the ..... year period, and

"B) such interim n. asures of control of the sources described in paragraph (1)(A) as the Administrator deterinines to be reasonable under the circumstances.

"NON-POINT SOURCE CONTROLS, BASIN PLANS, AND LAKE RECLAMATION "SEC 304. (a) (1) Each state shall, after reasonable notice and public 28 hearings, adopt and submit to the Administrator within months 29 of the date of publication of information under subsection (f) of section 301, implementation, plans to control other than point sources 31 of water pollutants, including, but not limited to those sources 32 identified in section 301(f).

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"Sec. 304. (a) (1) Each state a after reasonable notice and polic adopt and submit to the ad intra ten months of the date of putin. information under subsection (4) of si 301, implementation plans to dizin.s pollutants leaving other than pours dow including, but not limited to those south identified in section 301 (8). prohibitions, effluent limitation, vater quality standards, or implementation ples except those set forth in section NT hereof, affecting such sources shall be established under this section.

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"(D)(0) ilentify and classify according to eutrophic condition all publicly owned fresh water laks in such state;

"i set forth procedures, processes and methods, (including land use requirements) to control sources of pollution into such Jakes; and

i establish methods and procedures, in conjunction with
appropriate Federal agencies, to restore the quality of such lakes;
"(E) include controls over the disposal of material (i) on land;,
(i) m wells, or (iii) in subsurface excavations to protect ground
and surface water quality;

water intrusion into
"(b) inclide controls to prevent salt
rivers, lake, and estuaries resulting from reduction of fresh
water flow from any cause, including drought, irrigation, obstruc-
tion, and diversion, to protect sater quality, and

(G)(1) include comprehensive plans, developed by the State, or
any planning agency in such State approved by the Governor (or
a majority of the governors when more than one State is involved)
for the control and abatement of water pollution, achievement of
sater quality standards, and the enhancement of water quality
for each river basin, or portion thereof, in such State, and

" for the purpose of this clause the term 'basin' includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes and portions thereof, as well as the lands drained thereby;

"(H) provide for revision, after public hearings, of such plans from time to time as may be necessary to take account of new information or revisious of information published pursuant to subsection (f) of section 301; or (ii) whenever the Administrator finds on the basis of information available to him that the plan, or portion thereof, is substantially inadequate to achieve the water quality standards.

"(b) Upon application of a Governor of a State at the time of sub35 mission of any implementation plan under this section, the Adminis trator may, wherever he determines necessary, extend the period for submission of any portion thereof required under clause (G) of paragraph 2 of subsection (a) of this section for a period not to exceed one ear from the date otherwise required for submission of such plan. "(e) The Administrator shall approve any revision of an implementation plan, or portion thereof, under this section if he determines that 42 such revision meets the requirements of paragraph (2) of subsection (a) 43 and has been adopted by the State after reasonable notice and public 44 hearings.

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