action. "(d) If the Secretary believes, upon the conclusion of Remedial the conference or thereafter, that effective progress toward abatement of such pollution is not being made and that the health or welfare of any persons is being endangered, he shall recommend to the appropriate State water pollution control agency that it take necessary remedial action. The Secretary shall allow at least six months from the date he makes such recommendations for the taking of such recommended action. Board. hearing. "(e) If, at the conclusion of the period so allowed, such remedial action has not been taken or action which in the judgment of the Secretary is reasonably calculated to secure abatement of such pollution has not been taken, the Secretary shall call a public hearing, to be held in or 75 Stat. 208. near one or more of the places where the discharge or dis- 75 Stat. 209. charges causing or contributing to such pollution originated, before a Hearing Board of five or more persons appointed by the Secretary. Each State in which any dis- Hearing charge causing or contributing to such pollution originates and each State claiming to be adversely affected by such pollution shall be given an opportunity to select one member of the Hearing Board and at least one member shall be a representative of the Department of Commerce, and not less than a majority of the Hearing Board shall be persons other than officers or employees of the Department of Health, Education, and Welfare. At least Notice of three weeks' prior notice of such hearing shall be given to the State water pollution control agencies and interstate agencies, if any, called to attend the aforesaid hearing and the alleged polluter or polluters. On the basis of the evidence presented at such hearing, the Hearing Board shall make findings as to whether pollution referred to in subsection (a) is occurring and whether effective progress toward abatement thereof is being made. If the Hearing Board finds such pollution is occurring and effective progress toward abatement thereof is not being made it shall make recommendations to the Secretary concerning the measures, if any, which it finds to be reasonable and equitable to secure abatement of such pollution. The Secretary shall send such findings and recommendations to the person or persons discharging any matter causing or contributing to such pollution, together with a notice specifying a reasonable time (not less than six months) to secure abatement of such pollution, and shall also send such findings and recommendations and such notice to the State water pollution control agency and to the interstate agency, if any, of the State or States where such discharge or discharges originate. action. "(f) If action reasonably calculated to secure abate- Enforcement ment of the pollution within the time specified in the no- Authority. tice following the public hearing is not taken, the Secretary "(1) in the case of pollution of waters which is endangering the health or welfare of persons in a Per diem allowances. 60 Stat. 808. Definitions. 75 Stat. 209. 75 Stat. 210. Discharges from Federal installations. 33 USC 466j. Definitions. State other than that in which the discharge or discharges (causing or contributing to such pollution) originate, may request the Attorney General to bring a suit on behalf of the United States to secure abatement of pollution, and "(2) in the case of pollution of waters which is endangering the health or welfare of persons only in the State in which the discharge or discharges (causing or contributing to such pollution) originate, may, with the written consent of the Governor of such State, request the Attorney General to bring a suit on behalf of the United States to secure abatement of the pollution." (f) Subsection (h) of such section 8 is amended to read as follows: "(h) Members of any Hearing Board appointed pursuant to subsection (e) who are not regular full-time officers or employees of the United States shall, while participating in the hearing conducted by such Board or otherwise engaged on the work of such Board, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. "(i) As used in this section the term "(1) 'person' includes an individual, corporation, partnership, association, State, municipality, and political subdivision of a State, and "(2) 'municipality' means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law." SEC. 8. Section 9 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new sentences: "In his summary of any conference pursuant to section (8) (c) (3) of this Act, the Secretary shall include references to any discharges allegedly contributing to pollution from any Federal property. Notice of any hearing pursuant to section 8(e) involving any pollution alleged to be effected by any such discharges shall also be given to the Federal agency having jurisdiction over the property involved and the findings and recommendations of the Hearing Board conducting such hearing shall also include references to any such discharges which are contributing to the pollution found by such Hearing Board." SEC. 9. Section 11 of the Federal Water Pollution Control Act is amended by striking out subsections (d) and (e) and inserting in lieu thereof the following: "(d) The term 'State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. "(e) The term 'interstate waters' means all rivers, lakes, and other waters that flow across or form a part of State boundaries, including coastal waters." 75 Stat. 210. Water Supply Act of 1958, 43 USC 390b. Construction payments. amendment. costs, SEC. 10. Section 301 (b) of the Water Supply Act of 1958 (72 Stat. 319), is amended by striking out all beginning with "Provided," in the first proviso to the colon at the end of the second proviso and inserting in lieu thereof the following: "Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, Agreements. That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That not to Future exceed 30 per centum of the total estimated cost of any project may be allocated to anticipated future demands where State or local interests give reasonable assurances, and there is reasonable evidence, that such demands for the use of such storage will be made within a period of time which will permit paying out the costs allocated to water supply within the life of the project". demands. SEC. 11. This Act may be cited as the "Federal Water Short title. Pollution Control Act Amendments of 1961". Approved July 20, 1961, 12:25 p.m. 90-224 O-73 - 17 Public Law 660-84th Congress Chapter 518-2d Session S. 890 AN ACT To extend and strengthen the Water Pollution Control All 70 Stat. Act 498. Water Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Water Pollution Control Act (33 U.S.C. Control Act 466-466j) is hereby amended to read as follows: "DECLARATION OF POLICY Amendments "SECTION 1. (a) In connection with the exercise of jurisdiction over the waterways of the Nation and in consequence of the benefits resulting to the public health and welfare by the prevention and control of water pollution, it is hereby declared to be the policy of Congress to recognize, preserve, and protect the primary responsibilities and rights of the States in preventing and controlling water pollution, to support and aid technical research relating to the prevention and control of water pollution, and to provide Federal technical services and financial aid to State and interstate agencies and to municipalities in connection with the prevention and control of water Administration pollution. To this end, the Surgeon General of the Public Health Service shall administer this Act through the Public Health Service and under the supervision and direction of the Secretary of Health, Education, and Welfare. "(b) Nothing in this Act shall be construed as impairing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States. "COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL "SEC. 2. The Surgeon General shall, after careful investigation, and in cooperation with other Federal agencies, with State water pollution control agencies and interstate agencies, and with the municipalities and industries involved, prepare or develop comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries thereof and improving the sanitary condition of surface and underground waters. In of Act. |