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92D CONGRESS 1ST SESSION

S. 281

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 to protect the navigable waters of the United States from further pollution by requiring that pesticides manufactured for use in the United States or imported for use in the United States comply with certain standards of biodegradability and toxicity.

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Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the Federal Water Pollution Control Act is amended by

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1 redesignating section 19 as section 20, and by inserting im

2 mediately after section 18 thereof the following new section:

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"REGULATION OF PESTICIDES

4 "SEC. 19. (a) The Congress finds that the navigable 5 waters of the United States are being polluted by pesticides 6 which resist decomposition in natural waters and water 7 treatment systems and are of such toxicity as to represent at 8 serious danger to the national health and welfare.

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(b) It shall be unlawful after June 30, 1973, for any

person to import for use in the United States or manufacture 11 for use in the United States any pesticide, unless such pesti

12 cide conforms with standards of biodegradability and toxic

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ity prescribed pursuant to subsection (c) of this section.

"(c) (1) The Secretary shall, before January 1, 1973, 15 prescribe and publish in the Federal Register (A) such 16 standards of biodegradability and toxicity for pesticides as are

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necessary to protect the public health and welfare and carry 18 out the policy of this Act and (B) such rules and regulations

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as are necessary to prevent the manufacture for use in the 20 United States of pesticides not meeting such standards. In

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cluded with such standards shall be specific methods by

which pesticides shall be tested by the Secretary to determine if they conform to such standards.

“(2) The Secretary and the Secretary of the Treasury 25 shall before January 1, 1973, jointly prescribe and publish

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1 in the Federal Register such rules and regulations as are

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necessary to prevent the importation of pesticides not meet3 ing the standards prescribed pursuant to paragraph (1). 4 "(3) All standards, rules, and regulations prescribed 5 pursuant to this subsection shall be made effective on July 1, 6 1973.

7 "(4) Any person who willfully violates subsection (b) 8 of this section or any provision of rules and regulations estab9 lished pursuant to this subsection shall be guilty of a mis10 demeanor and upon conviction thereof shall be subject for 11 the first offense to a fine of not more than $500, and for any 12 subsequent offense to a fine of not more than $2,000.

13 "(5) All action taken under this section in prescribing 14 standards, rules, and regulations shall be taken in conformity 15 with the provisions of title 5 of the United States Code re16 lating to administrative procedure.

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"(d) As used in this section, the term 'pesticide' means any fungicide, herbicide, rodenticide, or insecticide."

92D CONGRESS 1ST SESSION

S. 523

IN THE SENATE OF THE UNITED STATES

FEBRUARY 2 (legislative day, JANUARY 26), 1971

Mr. MUSKIE (for himself, Mr. BAKER, Mr. BAYI, Mr. Boggs, Mr. EAGLETON, Mr. GRAVEL, Mr. MONTOYA, Mr. NELSON, Mr. RANDOLPH, Mr. SPONG, and Mr. TUNNEY) 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. 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 "National Water Quality 4 Standards Act of 1971".

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SEC. 2. It is the purpose of this Act to

(a) provide for the establishment and periodic revision of water quality standards for all the Nation's waterways;

(b) renew and expand the commitment of Federal assistance to State and local governments for the construction of waste treatment facilities;

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(c) provide improved assistance to State and interstate water pollution control agencies in the effective

planning and implementation of water pollution control and water quality enhancement programs;

(d) provide, in cooperation with the States, improved water quality standards enforcement measures; and

(e) assure public participation in Federal programs for the development, establishment, and enforcement of means and measures to protect and enhance the quality of the Nation's waters.

SEC. 3. Sections 7 and 8 of the Federal Water Pollution

13 Control Act, as amended, are amended to read as follows:

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"GRANTS FOR WATER QUALITY AND POLLUTION

CONTROL PROGRAMS

"SEC. 7. (a) Beginning in fiscal year 1972, the Admin17 istrator is authorized to make grants to State and interstate 18 agencies having approved plans for the enhancement of water

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20 water pollution, to assist such State and interstate agencies“(1) in developing and carrying out plans for the implementation, maintenance, and enforcement of water quality standards;

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"(2) in the training of water pollution control per

sonnel of public agencies; and

"(3) in assisting political subdivisions of a State in

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