Clean Water Act of 1977

(Conference report filed in House, H. Rept. 95-830)

Clean Water Act - Amends the Federal Water Pollution Control Act to extend through fiscal year 1980 the authorizations for: (1) water treatment works pilot training programs; (2) the development of a system of forecasting the supply of and demand for water pollution control specialists; (3) grants for State pollution control programs; (4) scholarships, training grants and contracts in the field of water pollution control; (5) grants to designated agencies to assist in the development and operation of continuing areawide waste treatment management planning processes; (6) grants to the States for lake water improvement programs; and (7) the purposes of such Act other than those specified in: (1) through (6) above.

Declares it to be the policy of Congress that the authority of each State to allocate quantities of water within its jurisdiction should not be impaired by this Act.

Authorizes the Administrator to make grants to municipalities in order to defray operation and maintenance costs of approved research and development projects.

Revises procedures for allocation of grants for areawide waste treatment management programs.

Authorizes the Administrator to develop a comprehensive program to provide sanitation services in Alaskan villages. Authorizes additional appropriations for a study of such program and for additional Alaska village demonstration projects.

Requires analysis of recreation and open space potential in the awarding of waste treatment grants.

Authorizes Federal grants for the construction of privately owned treatment works where certified by an appropriate public body and where cost and environmental impact will be less severe than a collection and central treatment system.

Authorizes the use of a single grant for the combined Federal share of planning and design along with building and construction costs in the case of treatment works with an estimated total cost of $3,000,000 or less.

Authorizes the use of ad valorem taxes or other systems to satisfy the user charge system requirement for applicants for treatment works grants under the Act, in accordance with specified requirements.

Establishes procedures for allotment of construction grant funds to States in accordance with criteria established by the House Committee on Public Works and Transportation. Stipulates that allotments made subject to a limitation on obligation shall remain available for twelve months after the fiscal year for which authorized.

Authorizes the Administrator to reserve an amount not to exceed two percent of annual allotments to States under the construction grant program for administrative costs of such program. Authorizes use of percentage of funds for alternative or unconventional treatment works for States with large rural populations.

Extends the provisions for Federal reimbursement of construction costs of publicly owned water treatment works to include reimbursement for works on which construction was started not later than July 1, 1973, and for which a grant was made under the Federal Water Pollution Control Act.

Authorizes additional appropriations for waste treatment construction grants of $4,500,000,000 for fiscal year 1978 and $5,000,000,000 per fiscal year for fiscal years 1979-1882.

Specifies that discharges from return flows from irrigated agriculture shall not be considered point source pollution for the purposes of such Act.

Establishes procedures and criteria for approval of State permit programs to control discharges of dredged or fill material. Requires development of procedures for control of dredge or fill material designed to protect wildlife, aquatic resources, and wetlands, as part of each areawide waste treatment management plan.

Directs the Secretary of the Interior, acting through the Fish and Wildlife Service, to consult with and assist State agencies in developing continuing areawide treatment management planning processes. Authorizes the appropriation of $6,000,000 to the Secretary to complete the national Wetland Inventory by December 31, 1978, and to make information from such survey available to assist in the development of such plans.

Directs the Secretary of Agriculture, acting through the Soil Conservation Service, to establish a program for the control of, nonpoint source pollution through contracts with rural land owners and operators. Authorizes the appropriation of $200,000,000 for fiscal year 1979 and $400,000,000 for fiscal year 1980 for such program.

Revises grant eligibility criteria for Federal assistance for new and existing sewage collection systems. Prohibits grants for treatment works to control discharges from separate storm sewer systems.

Requires, with specified exceptions, that supplies and materials used in funded treatment works be products of the United States.

Stipulates that the determination of priorities with respect to categories of projects for treatment works within each State shall be made solely by the State.

Stipulates that the Administrator shall modify 1983 best available technology standards for point sources with the concurrence of the affected States, where such modified requirements will not contravene applicable water quality standards, including applicable toxic or hazardous pollutants regulated under this Act or primary standards under the Safe Drinking Water Act. Authorizes modification of the secondary treatment requirement for municipal discharges where applicable water quality standards will not be contravened.

Authorizes the Administrator to extend the deadline for the achievement of effluent limitations for public treatment works from July 1, 1977, until no later than July 1, 1983, where construction of treatment works cannot be completed to meet the 1977 deadline.

Authorizes the extension of compliance dates up to July 1, 1987 for point services utilizing innovative technologies with the potential for industry-wide application.

Authorizes the appropriation of $100,000,000 for each of fiscal year 1979 through 1983 for interagency agreements designed to control nonpoint source pollution through implementation of areawide waste treatment management plans.

Extends until April 1, 1975, the deadline for submission of State water quality inventory reports. Requires that such reports be revised by April 1, 1976, and kept current biennially. Directs the Administrator to submit such reports to Congress on or before October 1, 1976, and biennially thereafter.

Requires that all pollutants must comply with effluent limitations requiring the best available technology no later than July 1, 1987. States that certain toxic pollutants must comply with such limitations by July 1, 1984.

Provides that if an owner or operator of a source introduces a pollutant into a treatment works, the Administrator may commence a civil action for appropriate relief, including a temporary or permanent injunction.

Authorizes the Administrator to extend July 1, 1977, best practicable technology standards for industrial point sources to January 1, 1979, if specified criteria are met. Authorizes the Administrator to extend such standards to July 1, 1983, if the most appropriate method of compliance with this Act is to discharge into a publicly owned treatment works.

Revises requirements and limitations for oil spill liability imposed by such Act. Requires imposition of marine sanitation device standards under such Act requiring a minimum of secondary treatment for commercial vessels on the Great Lakes.

Stipulates that Federal facilities shall be subject to State and local water pollution control requirements to the same extent as any other person. Authorizes States to administer permit programs for discharges from approved aquaculture projects.

Authorizes the Secretary of the Army to issue permits on a State, regional or nationwide basis for activities involving discharges of dredged or fill material if certain environmental determinations are made. Exempts silviculture, ranching, and specified construction activities from permit requirements with respect to discharges of dredged or fill material. Provides for the administration by a State of its own permit program for the discharge of such material into certain waters and adjacent wetlands if certain requirements are met. States that the discharge of such material as part of a Federal project is not subject to any such regulation (except for effluent standards) if information on the effects of such discharge is included in an environmental impact statement and such statement is submitted to Congress.

Establishes an emergency contingency fund to provide assistance in cases of imminent and substantial threats to the public health and welfare. Authorizes the appropriation of such sums as may be necessary to maintain such fund with a balance of $10,000,000.

Directs the Administrator of the Environmental Protection Agency to report to Congress on the states of (1) combined sewer overflows in municipal works treatment systems and (2) use of sewage effluent and sludge for agricultural and other purposes that utilize the nutrient value of such material.

Requires the Administrator to study the efficiency of, and need for, the payment by the industrial users of any treatment works of that portion of the cost of construction of that treatment works which is allocable to the treatment of each industrial users' waste to the extent attributable to the Federal share of the cost of construction.

Directs the Administrator of the Environmental Protection Agency to reimburse the City of Boston, Massachusetts an amount equal to 75 percent, but not to exceed $15,000,000 of the cost of constructing a modern correctional detention facility. Requires that a secondary treatment facility be constructed at Deer Island, Massachusetts.

Stipulates that the total of all grants for sewage collection system shall not exceed $2,800,000.