Clean Water Act Amendments of 1981

(Measure passed Senate, amended)

Clean Water Act Amendments of 1981 - Amends the Clean Water Act (also known as the Federal Water Pollution Control Act) to revise provisions for Grants for Construction of Treatment Works (title II).

Prohibits Federal grants, after October 1, 1981, which provide assistance only for facility plans, or plans, specifications, and estimates for any proposed construction of treatment works. Provides that non-Federal funds expended during the facility planning and advanced engineering and design phase shall be reimbursed at the prevailing Federal share, if the proposed project later receives a Federal grant for construction.

Authorizes each State to use up to ten percent of allotted funds to establish a revolving fund for advancing facility planning costs to potential grant applicants otherwise unable to prepare construction cost grant requests.

Authorizes the Administrator of the Environmental Protection Agency to make a specified sewage treatment grant to the State of California.

Lowers the Federal share for treatment works grants (from 75 percent in fiscal year 1981) to 65 percent for fiscal years 1982 through 1984 and to 55 percent thereafter, for specified grants.

Requires that treatment works grants be made only for: (1) secondary treatment or more stringent treatment, or any cost effective alternative; and (2) new interceptors and appurtenances.

Revises formulas for determining the amount of any grant, made after September 30, 1978, for treatment works using innovative or alternative wastewater treatment processes and techniques. Sets such amount at a percentage rate of the construction costs 20 percent greater than the rate established for other treatment works grants or the modified uniform percentage rate, up to 85 percent of such costs.

Extends the definition of the term "eligible treatment works" to cover those which can be fully funded by States in fiscal years beyond fiscal year 1981 (and which meet specified other requirements).

Authorizes the Administrator, upon the request of the Governor of an affected State, to use funds from State allotments to assist new sewage collection systems in existing communities and to address storm water and sanitary sewer overflow problems, under specified circumstances.

Makes available to the Administrator, beginning in fiscal year 1983, specified additional funds per fiscal year to be used to address water quality problems of bays and estuaries due to discharges from combined storm water and sanitary sewer overflows, not otherwise eligible for Federal payments for treatment works. Authorizes the use of such funds upon the request of and demonstration of water quality benefits by the Governor of an affected State.

Raises the total estimated cost limit for treatment works for which single grants may be awarded to cover the combined Federal share of plan preparation costs and construction costs. Repeals a provision that allows a higher (than the current) limit in cases of unusually high construction costs.

Revises conditions on treatment works grants to prohibit grants to construct that portion of the treatment works providing reserve capacity (except for specified planning and preparation grants). Directs the Administrator to base determinations of size and capacity of eligible treatment works upon 1980 population statistics. Permits the total eligible design flow capacity of a treatment works to include existing industrial flows.

Prohibits publicly owned treatment works grants made after November 15, 1981, from being used to treat, store, or convey flows from industrial users in excess of existing flows.

Revises provisions relating to "brand name or equal" descriptions for technical requirements by grantees.

Requires that treatment works construction grants provide that the engineers or firms providing architect engineering or supervisory services during construction shall: (1) continue their relationship to the grant applicant for one year after the completion of construction and initial operation; (2) supervise operation and train operating personnel during such year; and (3) certify whether the treatment works meet specifications. Requires that failures to meet specifications be corrected in a timely manner at other than Federal expense.

Sets forth formulas, schedules, and procedures for the allotment of funds for treatment works grants in fiscal years 1982 through 1985.

Extends a formula for specified State and territorial allotments, as well as an authorization of appropriations for such allotments, through fiscal year 1985.

Sets forth a formula for reserving specified funds from each State's allotment for fiscal year 1982 and thereafter. Authorizes the Administrator to reserve an additional amount from State allotments to be available to States, local governments, or multijurisdictional agencies for: (1) water quality management decision-making as to treatment works construction; and (2) implementing provisions for water quality standards and implementation plans.

Extends through fiscal year 1985 requirements that specified minimum amounts be expended from State allotments in order to increase the Federal share of grants for construction of treatment works utilizing innovative processes and techniques. Revises formulas for determining such amounts.

Lowers the amount authorized to be appropriated for fiscal year 1982 for treatment works construction grants. Authorizes appropriations, in such lowered amount, for fiscal years 1983 through 1985 for such purpose.

Eliminates provisions for project priority that relate to: (1) specified categories of projects; (2) required allocation of funds; and (3) the authority to remove a project from a State's priority list. Provides that the determination of priority shall be made by the State in which the projects are to be constructed, consistent with the treatment works grants provisions of such Act. Limits projects included on a State's priority list to those eligible for funding under specified provisions. Directs a State to give highest priority to projects which demonstrate that significant public health or water quality benefits will be achieved, and in particular to projects having the greatest effect on water quality improvement.

Requires that the review, revision, adoption, or promulgation of revised or new water quality standards, pursuant to specified provisions of such Act, be completed three years after the enactment of this Act. Requires that, to the extent practicable, the establishment of total maximum daily loads of pollutants, pursuant to specified provisions, also be completed by such date.

Prohibits the making of grants for a project after such date until water quality standards are reviewed and revised and total maximum daily loads of pollutants are established for the waters affected by the project, except where the Administrator has not approved or disapproved good faith State submissions within 120 days of receipt.

Extends to July 1, 1988, the period during which the Administrator may issue or modify permits to extend compliance deadlines for specified effluent limitations, in cases where reductions in the amount of financial assistance under such Act or changed conditions affecting the rate of construction beyond the control of the owner or operator will make it impossible to complete construction by July 1, 1983. Repeals a provision that all publicly owned treatment works must comply by a certain date with specified requirements for study and evaluation of alternative waste management techniques and for application of best practicable waste treatment technology.

Expresses the sense of Congress that courts take judicial notice of specified amendments made by this Act of reduced authorization levels, and of final compliance date extensions, in considering modifications of court ordered deadlines and schedules.

Provides that, for purposes of specified information and guidelines provisions, certain biological treatment facilities shall be deemed the equivalent of secondary treatment upon a showing satisfactory to the Administrator by the owner or operator that water quality will not be adversely affected.

Directs the Administrator, in cooperation with the States, to submit to Congress, within 18 months, a report: (1) identifying those publicly owned treatment works needed to comply with specified requirements and standards; and (2) taking into account all actions of the Administrator pursuant to specified provisions, estimating the total cost and the Federal share necessary for the construction of such works.

Declares that this Act shall not be construed to restrict, affect, or modify the obligations or liabilities of any person, or the right to seek abatement or damages, under other Federal, State, or common law.