WATER POLLUTION CONTROL-1966

TUESDAY, MAY 10, 1966

U.S. SENATE,

SUBCOMMITTEE ON AIR AND WATER POLLUTION
OF THE COMMITTEE ON PUBLIC WORKS,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to recess, in room 4200, Senate Office Building, Senator Fred F. Harris presiding. Present: Senators Muskie, Montoya, Harris, Tydings, Cooper, Boggs, and Murphy.

Senator HARRIS. The subcommittee will come to order.

First this morning we are very pleased to be able to hear from the Senator from Wisconsin, Senator Gaylord Nelson.

STATEMENT OF HON. GAYLORD NELSON, A U.S. SENATOR FROM THE STATE OF WISCONSIN

Senator NELSON. Thank you, Mr. Chairman.

Mr. Chairman, I am appearing here on bill S. 2940, which I introduced February 17, 1966; bill 1479, which I introduced March 10, 1965; and bill 1908, which I introduced May 6, 1965. I am also appearing on another bill, which I will introduce at the opening of the session this afternoon, and I will ask that the bill be included as part of my remarks, if I may.

Senator HARRIS. Without objection, it is so ordered. (The bill follows:)

A BILL To amend the Federal Water Pollution Control Act in order to improve the programs under such Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Clean Waters Act of 1966".

SEC. 2. Section 1 of the Federal Water Pollution Control Act is amended to read as follows:

"DECLARATION OF POLICY AND PURPOSE

"SECTION 1. (a) The Congress declares

"(1) that the pollution and degradation of the water resources of the Nation has attained alarming proportions and will become increasingly worse in the future, seriously threatening and damaging the quality of human life and the growth and survival of all living things;

"(2) that the efforts of Federal, State, and local governments to prevent and control water pollution, while substantial and of increasing effectiveness, are not adequate to avoid the water pollution crisis which will soon confront the Nation;

"(3) that the States and municipalities have the primary responsibilities and rights for preventing and controlling water pollution, and that to

assist them in fulfilling these responsibilities and rights, the Federal government should provide technical services and financial aid to them;

"(4) that since water pollution and its effects often extend beyond the boundaries and exceed the financial, technical, and legal resources of individual States and municipalities, and they are therefore not able or fail within a reasonable time to prevent and control pollution, the Federal government must then promptly assume the responsibility for doing so; "(5) that each individual has a right to water resources for living which are free from pollutants which detract from their usability to him and adversely affect his health and welfare;

"(6) that no individual or group has a right to pollute water and that all individuals and groups bear the responsibility for any water pollution and pollution-related damages which he or they have caused;

"(7) that steps to control and prevent pollution of water resources should not contribute to pollution of air and soil, but should be part of a general effort to prevent and control water, air, and soil pollution;

"(8) that the advanced scientific, technological, and industrial capabilities of the Nation, including systems analysis and systems engineering, must be fully exploited to control and prevent water pollution; and "(9) that water is an indispensable natural resource which must be carefully conserved and exploited to protect and advance the health and welfare of the Nation.

"(b) The purposes of this Act therefore are to enhance the quality and value of the Nation's water resources, and to establish a national policy for the prevention and control of water pollution by—

"(1) streamlining and strengthening the organization and administration arrangements for the implementation and enforcement of the Federal Water Pollution Control Act;

"(2) encouraging and assisting in comprehensive and flexible water pollution control planning by States and municipalities;

"(3) encouraging and assisting in the formation of interstate and intermunicipal water pollution control agencies, and the adoption of uniform water pollution control laws by States and municipalities;

"(4) providing funds, technical advance, and other assistance to States and municipalities for the planning, construction, and operation of sewage collection, treatment and disposal systems; and

"(5) financing, assisting in, encouraging, and carrying on research, investigation, development, and demonstration in water resources and water pollution control.

"(c) The Secretary of Health, Education, and Welfare shall administer this Act through the Administration created by section 2 of this Act.

"(d) Nothing in this Act shall be construed as impairing or in any manner affecting any right or jurisdiction of the States wtih respect to the waters (including boundary waters) of such States."

SEC. 3. The heading of section 4 of the Federal Water Pollution Control Act and subsection (a) of such section are amended to read as follows:

"INTERMUNICIPAL AND INTERSTATE COOPERATION AND UNIFORM LAWS

"SEC. 4. (a) The Secretary shall encourage cooperative activities by the States and by municipalities for the prevention and control of water pollution; encourage the enactment of improved, and, so far as practicable, uniform State and municipal laws relating to the prevention and control of water pollution; and encourage compacts between States and municipalities for the prevention and control of water pollution."

SEC. 4. (a) Subsection (b) of section 5 of the Federal Water Pollution Control Act is amended to read as follows:

"(b) The Secretary may, upon request of any State water pollution control agency, interstate or intermunicipal water pollution control agency, municipality, or community, conduct investigations and research and make surveys concerning any specific problem of water pollution confronting any State, interstate or intermunicipal agency, community, municipality, or industrial plant, with a view of recommending a solution of such problem: Provided, That in the case of a community, municipality, industrial plant, or intermunicipal agency, the Secretary shall arrange for the participation in such investigation, research or survey, of the water pollution control agency of the State in which the community, municipality, industrial plant, or intermunicipal agency is located."

(b) Paragraph (2) of subsection (d) of such section is amended to read as follows:

"(2) For the purposes of this subsection there is authorized to be appropriated for the fiscal year beginning July 1, 1966, and for each succeeding fiscal year, $100,000,000."

(c) Such section is further amended by inserting at the end thereof a new subsection as follows:

"(g) The Secretary is hereby authorized to request from any Federal department or agency, and such department or agency is directed to grant, the use of any sewage collection, treatment or disposal installation or facility for the purpose of testing and evaluating new methods, procedures, and equipment for water pollution control: Provided, That in the judgment of the department or agency concerned such test and evaluation work will not disrupt, disorganize, or in any way interfere with the normal activity, operations, and functioning of such agency or department: Provided further, That any expense incurred in such test and evaluation work above and beyond the normal and usual expense of operating the sewage collection, treatment, or disposal installation or facility shall be borne by the Secretary."

SEC. 5. (a) The first sentence of subsection (a) of section 6 of the Federal Water Pollution Control Act is amended to read as follows: "The Secretary is authorized to make grants to any State, municipality, or intermunicipal or interstate agency, to any qualified private agency, group, company, institute, or individual, or to any public or private university or college for the purpose of

"(1) assisting in the development of any project which will demonstrate a new or improved method of controlling the discharge into any waters of untreated or inadequately treated sewage or other wastes from sewers which carry storm water or both storm water and sewage or other wastes, or "(2) assisting in the development of any project which will demonstrate new or advanced features of sewage collection and treatment systems, including joint industrial-municipal systems, and new or advanced sewage treatment and water purification methods, processes and facilities. and for the purpose of reports, plans, and specifications in connection therewith." (b) The first sentence of subsection (c) of such section is amended to read as follows: "For the purposes of this section, there is hereby authorized to be appropriated for the fiscal year beginning July 1, 1966, and for each of the next nine fiscal years, the sum of $100,000,000."

(c) Such section is further amended by inserting at the end thereof a new subsection as follows:

"(d) For the purpose of generally guiding, and facilitating the collection and exchange of results and other information regarding, research and development on the problems and solutions to the problems, of combined storm-sanitary sewers, the Secretary shall organize an intergovernmental committee on combined storm-sanitary sewers. The committee shall include as members (1) a representative of his department designated by the Secretary, who shall serve as chairman; (2) representatives of State and municipal agencies, Federal government agencies, and interstate and intermunicipal agencies, engaged in significant research, development, or other work on the problems of combined stormsanitary sewers, appointed by the Secretary; and (3) other persons appointed by the Secretary who in his opinion would make a contribution to solving the problems of combined storm-sanitary sewers."

SEC. 6. Section 7 of the Federal Water Pollution Control Act is amended to read as follows:

"WATER QUALITY STANDARDS AND PLANS

"SEC. 7. (a) (1) With the objective of abating and preventing water pollution, and preserving and enhancing the quality of the Nation's water resources, the Secretary shall encourage each State, and each interstate water pollution control agency having the necessary authority, to adopt before June 30, 1968, water quality standards and a plan for the implementation and enforcement of such standards, applicable to the navigable and interstate waters within such State or within the purview of such interstate water pollution control agency, and in accordance with the provisions of this section.

"(2) Standards of water quality shall be such as to protect the public health and welfare, enhance the quality of the water for public water supplies, propagation of fish and wildlife, recreational, agricultural, industrial and other legitimate uses, and serve the purposes of this Act.

"(3) Water quality standards plans, in addition to establishing standards of water quality, shall—

"(A) provide for the administration or for the supervision of the administration of the plan by the State water pollution control agency, or, in the case of a plan submitted by an interstate agency, by such agency;

"(B) provide that such agency will make reports, in such form and containing such information, as the Secretary may from time to time reasonably require to carry out his functions under this Act;

"(C) set forth the plans, policies, and methods to be followed in carrying out the plan and in its administration;

"(D) provide for extension or improvement of the State or interstate program for prevention and control of water pollution; and

"(E) provide such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of the plan.

"(b) (1) If the Governor of a State or a State water pollution control agency, or an interstate water pollution control agency, files, within six months after the date of enactment of the Clean Waters Act of 1966, a letter of intent that such State or such interstate agency, after public hearings, will before June 30, 1968, adopt water quality standards and a water quality standards plan in accordance with subsection (a), and if such standards and plan are established in accordance with the letter of intent, and if the Secretary determines that such State or such interstate agency standards and plan are consistent with subsection (a), such standards and plan shall thereafter be applicable to the navigable and interstate waters in such State or within the purview of such interstate water pollution control agency.

"(2) If a State or an interstate agency does not (A) file a letter of intent or (B) establish water quality standards and a water quality standards plan in accordance with subsection (a), or if the Secretary or the Governor of any State or any interstate water pollution control agency affected by water quality standards and a plan established pursuant to subsection (a) desires a revision in such standards or plan, the Secretary may, after reasonable notice and a conference of representatives of appropriate Federal departments and agencies, interstate agencies, States, municipalities, and industries involved, promulgate water quality standards and a water quality standards plan in accordance with paragraph (2) of subsection (a) applicable to the navigable and interstate waters in such State or within the purview of such interstate water pollution control agency. "(3) If at any time prior to 30 days after standards have been promulgated under paragraph (2) of this subsection, the Governor of any State affected by such standards petitions the Secretary for a hearing, the Secretary shall call a public hearing, to be held in or near one or more of the places where the water quality standards will take effect, before a Hearing Board of five or more persons appointed by the Secretary. Each State which would be affected by such standards shall be given an opportunity to select one member of the Hearing Board. The Department of Commerce and other affected Federal departments and agencies shall each be given an opportunity to select a member of the Hearing Board 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. The members of the Board who are not officers or employees of the United States, while participating in the hearing conducted by such Hearing Board or otherwise engaged on the work of such Hearing Board, shall 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. Notice of such hearing shall be published in the Federal Register and given to the State water pollution control agencies, interstate agencies and municipalities involved at least 30 days prior to the date of such hearing. On the basis of the evidence presented at such hearing, the Hearing Board shall make findings as to whether the standards promulgated by the Secretary should be approved or modified and transmit its findings to the Secretary. If the Hearing Board approves the standards as promulgated by the Secretary, the standards shall take effect on receipt by the Secretary of the Hearing Board's recommendations. If the Hearing Board recommends modifica tions in the standards as promulgated by the Secretary, the Secretary shall promulgate revised regulations setting forth standards of water quality in accord

ance with the Hearing Board's recommendations which will become effective immediately upon promulgation.

“(c) (1) There are hereby authorized to be appropriated for the fiscal year beginning July 1, 1966, and for each succeeding fiscal year, $100,000,000 for grants to States and to interstate water pollution control agencies to assist them in meeting the costs of establishing and maintaining water quality standards and plans as provided by subsection (a), including the cost of training personnel for State and local water pollution control work.

"(2) The portion of the sums appropriated pursuant to paragraph (1) for a fiscal year which shall be available for grants to interstate agencies and the portion thereof which shall be available for grants to States shall be specified in the Act appropriating such sums.

"(3) From such sums the Secretary shall make grants of up to 90% of the cost of establishing and maintaining water quality standards and plans, the amount— "(A) for any State to be determined by the Secretary on the basis of financial need and the extent of the water pollution problem, and allotted by him to the respective States according to such regulations as he shall devise; and

"(B) for any interstate agency to be determined by the Secretary on such basis as he finds reasonable and equitable, and allotted by him according to such regulations as he shall devise, but such regulations relating to the portion of the cost of carrying out the interstate agency's plan which shall be borne by the United States shall be designed to place such agencies, so far as practicable, on a basis similar to that of the States.

"(4) Whenever the Secretary, after reasonable notice and opportunity for hearing, finds that the water quality standards or the water quality standards plan established by the Governor of a State or a State water pollution control agency, or an interstate water pollution control agency, under subsection (a), has been so changed that it fails to comply in whole or in part with the requirements of such subsection, he shall notify such State or such interstate agency that no further payments will be made under this subsection (or in his discretion that further payments will not be made for the part of the standards or plan affected by such failure) until he is satisfied that there will no longer be any such failure. Until he is so satisfied, the Secretary shall make no further payments to such State or such interstate agency, as the case may be, under this section (or shall limit payments to parts of the standards and plan in which there is no such failure).

"(5) If any State or any interstate agency is dissatisfied with the Secretary's action with respect to it under this subsection, it may appeal to the United States court of appeals for the circuit in which such State (or any of the member States, in the case of an interstate agency) is located. The summons and notice of appeal may be served at any place in the United States. The findings of fact by the Secretary, unless contrary to the weight of the evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. Such new or modified findings of fact shall likewise be conclusive unless contrary to the weight of the evidence. The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. "(d) The method of computing and paying amounts pursuant to subsection (c) shall be as follows:

"(1) The Secretary shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State or to each interstate agency under the provisions of such subsection for such period, such estimate to be based on such records of the State or the interstate agency and information furnished by it, and such other investigation, as the Secretary may find necessary.

"(2) The Secretary shall pay to the State or to the interstate agency, from the allotment available therefor, the amount so estimated by him for any period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which he finds that his estimate of the amount to be paid such State or such interstate agency for any prior period under such subsection was greater or less than the amount which should have been paid to such State or such agency for such prior period