Water Pollution Control Legislation, Hearings Before the Subcommittee on Air and Water Pollution...92-1

1 district may run into any other district in any such

2 proceeding.

3 "(e) The Secretary of the Treasury and the Adminis4 trator shall jointly prescribe regulations for the efficient 5 enforcement of the provisions of subsection (g) of this sec6 tion, except as otherwise provided therein. Such regulations 7 shall be promulgated in such manner and take effect at such 8 time, after due notice, as the Administrator shall determine. 9 "(f) (1) The Administrator is authorized to conduct 10 examinations, inspections, and investigations for the pur11 poses of this section.

"(2) For purposes of enforcement of this section, offi13 cers or employees duly designated by the Administrator, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized 16 (A) to enter, at reasonable times, any factory, warehouse,

or establishment in which detergents are manufactured, 18 processed, packed, or held, or to enter any vehicle being 19 used to transport or hold such detergents; (B) to inspect, at reasonable times and within reasonable limits and in a 21 reasonable manner, such factory, warehouse, establishment, 22 or vehicle, and all pertinent equipment, finished and un23 finished materials; and (C) to obtain samples of such 24 materials. A separate notice shall be given for each such 25 inspection, but a notice shall not be required for each entry

1 made during the period covered by the inspection. Each such 2 inspection shall be commenced and completed with reason3 able promptness. If the officer or employee obtains any 4 sample, prior to leaving the premises, he shall give to the 5 owner, operator, or agent in charge a receipt describing the 6 samples obtained. If an analysis is made of such sample, 7 a copy of the results of such analysis shall be furnished 8 promptly to the owner, operator, or agent in charge. If the 9 owner, operator or agent in charge of the factory, ware10 house, establishment or vehicle refuses to permit the Admin11 istrator's designee to enter, inspect or obtain samples as 12 authorized by this subsection, the Administrator's designee 13 may seek a warrant from any court or magistrate to enter,

request, or obtain samples as authorized by the subsection, 15 and such warrant shall be granted if the court or magistrate 16 finds probable cause to believe that detergents containing

phosphorus which were imported or manufactured in viola18 tion of this section are in the factory, warehouse, establish

222

ment or vehicle.

"(g) (1) The Secretary of the Treasury shall deliver

to the administrator, upon his request, samples of detergents

which are being imported or offered for import into the

23 United States, giving notice thereof to the owner or con

signee, who may appear before the Administrator and have

the right to introduce testimony. If it appears from the

1 examination of such samples or otherwise that such deter2 gent contains phosphorus, such detergent shall be refused 3 admission, except as provided in paragraph (2) of this sub4 section. The Secretary of the Treasury shall cause the de5 struction of any such detergent refused admission unless such 6 detergent is exported, under regulations prescribed by the 7 Secretary of the Treasury, within ninety days of the date of 8 notice of such refusal or within such additional time as may 9 be permitted pursuant to such regulations.

"(2) Pending decision as to the admission of a detergent 11 being imported or offered for import, the Secretary of the 12 Treasury may authorize delivery of such detergent to the 13 owner or consignee upon the execution by him of a good 12 and sufficient bond providing for the payment of such 13 liquidated damages in the event of default as may be required 14 pursuant to regulations of the Secretary of the Treasury.

92D CONGRESS 1ST SESSION

S. 192

IN THE SENATE OF THE UNITED STATES

JANUARY 26, 1971

Mr. NELSON introduced the following bill; which was read twice and referred to the Committee on Public Works

A BILL

To amend the Federal Water Pollution Control Act, as amended, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Marine Pollution Control 4 Act of 1971."

SEC. 2. The Federal Water Pollution Control Act, as 6 amended, is amended by redesignating sections 20 through 7 27, as sections 21 through 28, respectively, and by insert

8 ing after section 19 a new section as follows:

"SEC. 20. (a) (1) After the effective date of this sec

10 tion, no citizen of the United States shall dispose of refuse

11 materials originating within the United States into the Great

1 Lakes, the coastal waters of the United States, or the high 2 seas without a permit from the Administrator issued under 3 this Act with the concurrence of the Council on Environ4 mental Quality.

3 "(2) Upon receipt of any application for permission to 6 dispose of refuse materials originating within the United 7 States into the Great Lakes, the coastal waters of the United 8 States, or the high seas, the Administrator shall investigate 9 the characteristics of the refuse materials proposed to be 10 disposed of, the manner in which such disposal is proposed 11 to be conducted, and the physical, biological, ecological and 12 other relevant characteristics of the area in which the disposal 13 is proposed to be conducted, and prepare a comprehensive 14 report of the effects of the proposed disposal activity upon the public health and the physical, biological, and ecological systems existing in the area and any other areas in which

the effects of the disposal might be manifested. In making

his investigation and preparing the comprehensive report 19 the Administrator shall request the views and recommenda20 tions of other Departments and agencies of the Federal

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