1 2 STAFF PRINT may be disclosed to other officers, employees, or authorized representa tives of the United States concerned with carrying out this Act, or 3 when relevant in any proceeding under this Act. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses 4 6 7 9 5 in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person under this subparagraph, the district court of the United States for any district in which such 8 person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have juris10 diction to issue an order requiring such person to appear and give 11 testimony before the Administrator, to appear and produce papers, 12 books, and documents before the Administrator, or both, and any 13 failure to obey such order of the court may be punished by such court as a contempt thereof. 14 15 18 "(b)(1) A petition for review of action of the Administrator in 16 promulgating any prohibition, effluent standard, or standard of per17 formance may be filed by any interested person only in the United States Court of Appeals for the District of Columbia. A petition for 19 review of the Administrator's action in approving or promulgating 20 any State or interstate water quality standards or implementation 21 plans including any effluent limitation or schedules for compliance 22 therein, may be filed by any interested person only in the United States court of appeals for the appropriate circuit. Any such petition shall be 24 within thirty days from the date of such promulgation or approval, or after such date if such petition is based solely on grounds arising after such thirtieth day. 23 25 26 27 28 "(2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial 29 review in civil or criminal proceedings for enforcement. 30 31 33 34 "(e) In any judicial proceeding in which review is sought of a determination under this Act required to be made on the record after notice 32 and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were 35 reasonable grounds for the failure to adduce such evidence in the pro36 ceeding before the Administrator, the court may order such additional 37 evidence (and evidence in rebuttal thereof) to be taken before the 38 Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his 40 findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, 42 and his recommendation, if any, for the modification or setting aside 43 of his original determination, with the return of such additional COMMENTS (We recommend the addition of a new section entitled "Water Quality and Effluent Standards Review Board. Our recommended language for this section is attached to our cover letter.) 60-223-71-13 STAFF PRINT 1 control or abatement of water pollution; except that if an effluent 2 limitation, effluent standard, or prohibition, or standard of perfor3 mance is in effect under an applicable implementation plan or under 4 section 306 or section 307 of this Act, such State or political subdi5 vision may not adopt or enforce any effluent limitation, effluent 6 standard, or prohibition, or standard of performance which is less 7 stringent than the effluent limitation, effluent standard, or prohibi 8 tion, or standard of performance under such plan or section. 25 32 LABOR STANDARDS SEC. 26. Title V of the Federal Water Pollution Control as added 26 by this Act is further amended to add a new section 513 as follows: 27 "Sec 513 The Administrator shall take such action as may be 28 necessary to insure that all laborers and mechanics employed by 29 contractors or subcontractors on treatment works for which grants 30 are made under this Act or by other contractors or grantees under this 31 Act shall be paid wages at rates not less than those prevailing for the same type of work on construction in the immediate locality, as 33 determined by the Secretary of Labor, in accordance with the Act 34 of March 3, 1931, as amended, known as the Davis-Bacon Act (46) 85 Stat. 1494; 40 US.C., sec. 276a through 276a-5), and the Secretary 6 of Labor shall establish effective safety standards for the protection 7 of such laborers and mechanics. The Secretary of Labor shall have, 3 with respect to the labor standards specified in this subsection, the 9 authority and functions set forth in Reorganization Plan Numbered 014 of 1950 (15 F.R. 3176) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, 40 U.S.C. 276c)," COMMENTS "Sec. 511. Consistent with the Declaration of Policy as contained in Section 101 hereof, this Act shall not be construed as (1) affecting and impairing the provisions of any treaty of the United States, or (2) limiting the authority or functions of any officer or agency of the United States under any other law or regulation not inconsistent with this Act, but (3) shall be construed to limit the functions of any such officer or agency, including the Secretary of the Army, to the protection of anchorage and navigation, as distinguished from the prevention, control, and abatement of water pollution, in navigable waters of the United States. 8 10 11 7 studies, and related matters by the Administrator and other Federal agencies and by other persons and agencies under Federal grants or 9 contracts; (3) the progress and problems associated with the development of water quality standards and effluent requirements and recommended control techniques; (4) the status of State water quality 12 standards, including a detailed summary of the progress obtained as 13 compared to that planned under State plans for implementation, 14 maintenance, and enforcement of water quality standards; (5) the 15 identification and status of enforcement actions pending or completed 16 under such Act during the preceding year; (6) the status of State, 17 interstate, and local pollution control programs established pursuant 18 to, and assisted by, this Act; (7) a summary of the results of a survey 19 to be taken by the Administrator annually to determine the efficiency of the operation and maintenance of treatment works constructed with grants under this Act, as compared to the efficiency planned when such 22 grant was made; and (8) all reports and recommendations made by the 23 Water Pollution Control Advisory Board." 20 21 24 2 (b) The Administrator, in cooperation with State water pollution 25 control agencies and other water pollution control planning agencies, 25 shall make (1) a detailed estimate of the cost of carrying out the pro27 vision of this Act; (2) a comprehensive study of the economic impact on affected units of government of the cost of installation of treatment 29 facilities; and (3) a comprehensive analysis of the national requirements for and the cost of treating municipal, industrial, and other 31 euent to attain such water quality standards as established pursuant to this Act or applicable State law. The Administrator shall submit 33 such detailed estimate and such comprehensive study of such cost to the Congress no later than January 10, 1968, such study to be up35 dated each year thereafter." 30 32 34 COMMENTS MEMBERS, AMERICAN PAPER INSTITUTE AMERICAN PAPER INSTITUTE, Air and Water Pollution Subcommittee, Senate Public Works Committee, New Senate Office Building, Washington, D.C. DEAR SIR: Attached are the American Paper Institute's recommended alterations to the draft water pollution legislation currently under your consideration. We appreciate the opportunity afforded us to make these comments and if we can be of additional assistance, please do not hesitate to call. Sincerely, THOMAS P. HOLLEY, Director of Government Relations. AMERICAN PAPER INSTITUTE FEDERAL WATER POLLUTION CONTROL AMENDMENTS Section 204 (5) (b)—Limitations and Conditions: P. 10:42 Strike [and replacement costs of such works]; determination of depreciation is possible but replacement costs are not. P. 11:2-Strike all after project: it is redundant and punitive. Cost recovery anticipates changing the system from grants to loans. Section 209-Regional Waste Treatment Management: Endorse the concept however seriously question the complete take-over of all privately operated facilities. Section 301-Water Quality Information: P. 16:8-Strike [All] and insert line 9; which may [reasonably] be expected. Section 302 (d) (2)—Water Quality Standards: Object to national minimum water quality standard for the following reasons: (1) It would abolish the concept of stream classification and in effect require that all waters be suitable for all prospective water uses. (2) The Administrator already has the power through existing legislation to designate the appropriate use for given streams. The Federal government and the States have recognized that in some cases, streams cannot be made suitable for fish and wildlife and recreational uses due to environmental and economic factors. Environmental factors include impoundments, surface runoff and natural eutrophication. (3) Establishment of such a high minimum standard would be extremely hard to justify economically in a number of areas, particularly in areas of heavy industry and population concentrations. Section 306 (a)—National Uniform Standards of Performance: P. 24:12-Application of adequately demonstrated control technology; recommend deletion of [latest available] insert [adequately demonstrated control technology]. Section 307 Toxic and Pretreatment Effluent Standards: Recommend deletion. Absolute prohibition of discharge is unachievable, especially in locations recycling waste paper. The concept that substances are poisonous or deleterious without regard to an amount is scientifically inaccurate. For example, any chemical derived from the earth or the sea, such as salts of sodium, potassium, calcium and magnesium contains trace amounts of the heavy metals: arsenic antimony, bismuth and lead. In these trace amounts the heavy metals are harmless; in significantly larger amounts, they may be poisonous or deleterious. Recommend an effluent limitation set at a realistic level. Section 308 (a) (2) Inspections Monitoring and Entry: P. 27:30-Strike paragraph (a); insert (B) [shall have right of entry] at reasonable times. Redundant. Section 309 (a) (1) Federal Enforcement: If such violation extends beyond the 30th day after the Administrator's notification and the State has not commenced, or is not [proceeding with] appropriate enforcement under an approved implementation plan, the Administrator [may] issue an order [within 30 days] requiring such person to comply with the require ments of such plan. [If such order is not issued within specified time] the Administrator [may] bring a civil action [within 15 days] in accordance with subsection (b). Equity dictates Administrator be required to act within a reasonable time. |