To amend the Federal Water Pollution Control Act to provide for the use of biological monitoring and whole effluent toxicity test in connection with publicly owned treatment works, and for other purposes.
Publicly Owned Treatment Works Biological Monitoring Use Act - Amends the Federal Water Pollution Control Act to require criteria for whole effluent toxicity based on laboratory biological monitoring or assessment methods to employ an aquatic species that is indigenous to the type of waters, a species that is representative of such a species, or an appropriate species that indicates the toxicity of the effluent in the receiving waters, taking into account the accepted analytical variability associated with such methods in defining an exceedance of such criteria.
Requires permits to establish procedures for responding to an exceedance of such criteria that includes analysis, identification, reduction, or (where feasible) elimination of any effluent toxicity. Specifies that the failure of a biological monitoring or whole effluent toxicity test shall not result in a finding of a violation under this Act unless the permittee failed to comply with such procedures.
Requires permits to allow such procedures to be discontinued if the permittee: (1) is an entity other than a publicly owned treatment works and demonstrates to the permitting authority through a field bioassessment study that a balanced and healthy population of aquatic species indigenous to the type of waters exists in the waters affected by the discharge, and if the applicable numerical water quality standards for specific pollutants are met for such waters; or (2) is a publicly owned treatment works, if the source or cause of such toxicity cannot be identified.
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
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