H.R. 3544 · 112th Congress
To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment…
Full title
To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes.
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Never voted on. It didn't reach a floor vote before the 112th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
McClintockSponsorNo cosponsors.
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW): (1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance…
What it does: CRS summary · Introduced in House · Dec 1, 2011
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW): (1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance document entitled "A General Design for SNC Redefinition Enhancement in PCS," or (2) that is in significant non-compliance based on a manual designation as defined by such guidance document.
Prohibits liability for an unlawful discharge of a pollutant from a POTW for a person who can establish by a preponderance of the evidence that the immediate cause of such discharge and any damages was: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party other than an employee or agent of such person or one whose act or omission occurs in connection with a contractual relationship with such person, if such person exercised due care and took precautions against foreseeable acts or omissions of such third party and the consequences that could foreseeably result from such acts or omissions.
Requires the Administrator of EPA or a state to provide a 60-day waiting period between the notice of a violation of such Act by a POTW and the issuance of a civil penalty. Prohibits the Administrator from assessing a penalty for a violation if the POTW submits a viable plan for correcting the non-compliance within such period and thereafter implements such plan.
Requires any permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to have a 15-year (currently five-year) term.
Limits attorney fees with respect to actions involving POTWs to the prevailing fees in the community.
Requires any new or increased treatment requirement associated with a permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to be subject to a cost-benefit analysis.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes.
Latest action (Dec 2, 2011): Referred to the Subcommittee on Water Resources and Environment.
Policy area: Environmental Protection · Origin: House · Introduced: Dec 1, 2011
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.