AMENDMENTS

1970 Subsec. (a). Pub. L. 9-224, § 103, designated existing provisions as subsec. (a), and, as so designated, substituted provisions requiring each Federal agency to insure compliance with applicable water quality standards and the purposes of this chapter for provisions setting forth the intent of Congress, within available appropriations, as the cooperation between any Federal department or agency and the Department of the Interior, and with any State or interstate agency or municipality with jurisdiction over waters into which matter is discharged from Federal property, in the prevention or control of the pollution of such waters, and added the requirement that the Secretary transmit a copy of any summary to the head of any Federal agency directly involved. Subsecs. (b)-(d). Pub. L. 91-224, § 103, added subsecs. (b) to (d).

1965-Pub. L. 89-234 substituted "section 10(d)(3)" for "section 8(c) (3)", which for purposes of codification has been changed to read "section 1160(d)(3) of this title", and "section 10(f)" for "section 8(e)", which for purposes of codification has been changed to "section 1160(f) of this title."

1961-Pub. L. 87-88 required the Secretary in his summary of any conference pursuant to section 1160(c)(3) of this title to include references to any discharges allegedly contributing to pollution from any Federal property, provided for the giving of notice of hearing pursuant to section 1160(e) of this title to the Federal agency having jurisdiction over the property involved, and directed the Hearing Board to include references to discharges which are contributing to pollution in its findings and recommendations.

1956-Act July 9, 1956, provided for cooperation to control pollution from Federal installations. Former provisions of this section which related to utilization of personnel of other agencies and to the promulgation of regulations are now covered by section 1172 of this title.

TRANSFER OF FUNCTIONS

All functions of the Secretary of the Interior and the Department of the Interior administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorg. Plan No. 2 of 1966, and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act were transferred to the Administrator of the Environmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. —, set out in the Appendix to Title 5, Government Organization and Employees.

All functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act [this chapter], with certain specified exceptions, were transferred to the Secretary of the Interior and to the Department of the Interior by section 1(a) of 1966 Reorg. Plan No. 2, set out as a note under section 1151 of this title.

PREVENTION, CONTROL, AND Abatement at Federal
FACILITIES

Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, set out as a note under section 4331 of Title 42, Public Health and Welfare, provides for the prevention, control, and abatement of water pollution at Federal facilities.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1160 of this title.

§ 1172. Administration.

(a) Rules and regulations.

The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter.

(b) Utilization of personnel of other agencies.

The Administrator, with the consent of the head of any other agency of the United States, may utilize

Each recipient of assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(e) Audit and examination of books, documents, etc.

The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter. (f) Official recognition by United States to industrial organizations and State political subdivisions for waste treatment and pollution abatement programs; eligibility; awards; notification of President, etc., and publication in Federal Register. (1) It is the purpose of this subsection to authorize a program which will provide official recognition by the United States Government to those industrial organizations and political subdivisions of States which during the preceding year demonstrated an outstanding technological achievement or an innovative process, method or device in their waste treatment and pollution abatement programs. The Administrator shall, in consultation with the appropriate State water pollution control agency, establish regulations under which such recognition may be applied for and granted, except that no applicant shall be eligible for an award under this subsection if such applicant is not in total compliance with all applicable water quality standards under this chapter, and otherwise does not have a satisfactory record with respect to environmental quality.

(2) The Administrator shall award a certificate or plaque of suitable design to each industrial organization or political subdivision which qualifies for such recognition under regulations established by this subsection.

(3) The President of the United States, the Governor of the appropriate State, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall be notified of the award by the Administrator, and the awarding of such recognition shall be published in the Federal Register. (June 30, 1948, ch. 758, § 22, formerly § 10, 62 Stat. 1160; July 9, 1956, ch. 518, § 1 70 Stat. 506; July 20, 1961, Pub. L. 87-88, § 1(b), (d), (e), 75 Stat. 204; renumbered § 12, and amended Oct. 2, 1965, Pub. L. 89-234, §§ 2(a), 6, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R.

"Administrator" was substituted for "Secretary" and "Environmental Protection Agency" was substituted for "Department of the Interior" pursuant to 1970 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Federal Water Quality Administration in the Department of the Interior and transferred to the Administrator of the Environmental Protection Agency, all functions of the Secretary of the Interior and the Department of the Interior formerly administered through the Federal Water Quality Administration.

"Department of the Interior" was substituted for "Department of Health, Education, and Welfare" in accordance with the transfer of all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act [this chapter], with certain specified exceptions, to the Secretary of the Interior and to the Department of the Interior by section 1(a) of 1966 Reorg. Plan No. 2. See Transfer of Functions note set out below.

AMENDMENTS

1970 Subsec. (f). Pub. L. 91–224, § 104, added subsec. (f).

1965 Subsecs. (d), (e). Pub. L. 89-234 added subsecs. (d) and (e).

1961-Subsec. (a). Pub. L. 87-88, § 1(b), (e), substituted "Secretary" for "Surgeon General", and eliminated provisions which required the Secretary of Health, Education, and Welfare to approve regulations of the Surgeon General and which permitted the Surgeon General to delegate his powers and duties.

Subsec. (b). Pub. L. 87-88, § 1(d), substituted "Secretary" for "Secretary of Health, Education, and Welfare." 1956 Act July 9, 1956, provided for administration, utilization of other personnel, and authorized appropriations to the Department of Health, Education, and Welfare. Former provisions of this section which defined terms used in this chapter, are now covered by section 1173 of this title.

TRANSFER OF FUNCTIONS

All functions of the Secretary of the Interior and the Department of the Interior administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorg. Plan No. 2 of 1966, and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act were tranferred to the Administrator of the Environmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees.

All functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act [this chapter], with certain specified exceptions, were transferred to the Secretary of the Interior and to the Department of the Interior by section 1(a) of 1966 Reorg. Plan No. 2, set out as a note under section 1151 of this title.

§ 1173. Definitions.

When used in this chapter

(a) The term "State water pollution control agency" means the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsibility for enforcing State laws relating to the abatement of water pollution, it means such other State agency.

(b) The term "interstate agency" means an agency of two or more States established by or pursuant

to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution of waters.

(c) The term "treatment works" means the various devices used in the treatment of sewage or industrial wastes of a liquid nature, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, and their appurtenances, and includes any extensions, improvements, remodeling, additions, and alterations thereof.

(d) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

(e) The term "interstate waters" means all rivers, lakes, and other waters that flow across or form a part of State boundaries, including coastal waters.

(f) The term "municipality" means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes and an Indian tribe or an authorized Indian tribal organization. (June 30, 1948, ch. 758, § 23, formerly § 11, 62 Stat. 1161; July 9, 1956, ch. 518, § 1, 70 Stat. 506; June 25, 1959, Pub. L. 86-70, § 28(b), 73 Stat. 148; July 12, 1960, Pub. L. 86-624, § 23(b), 74 Stat. 418; July 20, 1961, Pub. L. 87-88, § 9, 75 Stat. 210; renumbered § 13, Oct. 2, 1965, Pub. L. 89-234, § 2(a), 79 Stat. 903, and amended Nov. 3, 1966, Pub. L. 89-753, title II, § 209, 80 Stat. 1251; renumbered § 23, Apr. 3, 1970, Pub. L. 91-224, title I, § 102, 84 Stat. 91.)

AMENDMENTS

1966 Subsec. (f). Pub. L. 89-753 inserted words "and an Indian tribe or an authorized Indian tribal organization."

1961-Subsec. (d). Pub. L. 87-88 included Guam. Subsec. (e). Pub. L. 87-88 substituted "flow across or form a part of State boundaries, including coastal waters" for "flow across, or form a part of, boundaries between two or more States."

1960 Subsec. (d). Pub. L. 86-624 eliminated "Hawaii," preceding "Puerto Rico."

1959-Subsec. (d). Pub. L. 86-70 eliminated "Alaska," preceding "Puerto Rico."

1956-Act July 9, 1956, defined terms used in this chapter, which provisions were formerly contained in section 1172 of this title. Former provisions of this section which related to application to other laws are now covered by section 1174 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of subsec. (d) of this section by Pub. L. 86-624 effective on Aug. 21, 1959. see section 47(f) of Pub. L. 86-624, set out as a note under section 645 of Title 20, Education.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 effective on Jan. 3, 1959, see section 47(d) of Pub. L. 86-70, set out as a note under section 224 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 48.

§ 1174. Application to other laws.

This chapter shall not be construed as (1) superseding or limiting the functions, under any other law, of the Surgeon General or of the Public Health Service, or of any other officer or agency of the United States, relating to water pollution, or (2) affecting or impairing the provisions of sections 407, 408, 409, and 411 to 413 of this title, or (3) affecting

or impairing the provisions of any treaty of the United States. (June 30, 1948, ch. 758, § 24, formerly § 12, as added July 9, 1956, ch. 518, § 1, 70 Stat. 506, renumbered § 14, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903, renumbered § 24, and amended Apr. 3, 1970, Pub. L. 91-224, §§ 102, 107, 84 Stat. 91, 113.)

AMENDMENTS

1970-Pub. L. 91-224, § 107, struck out reference to the Oil Pollution Act, 1924.

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees.

§ 1175. Cost estimates, studies and analysis by Administration; reports to Congress.

(a) In order to provide the basis for evaluating programs authorized by this chapter, the development of new programs, and to furnish the Congress with the information necessary for authorization of appropriations for fiscal years beginning after June 30, 1968, the Administrator, in cooperation with State water pollution control agencies and other water pollution control planning agencies, shall make a detailed estimate of the cost of carrying out the provisions of such sections; a comprehensive study of the economic impact on affected units of government of the cost of installation of treatment facilities; and a comprehensive analysis of the national requirements for and the cost of treating municipal, industrial, and other effluent to attain such water quality standards as established pursuant to such sections or applicable State law. The Administrator shall submit such detailed estimate and such comprehensive study of such cost for the five-year period beginning July 1, 1968, to the Congress no later than January 10, 1968, such study to be updated each year thereafter.

He

(b) The Administrator shall also make a complete investigation and study to determine (1) the need for additional trained State and local personnel to carry out programs assisted pursuant to this chapter and other programs for the same purpose as such sections, and (2) means of using existing Federal training programs to train such personnel. shall report the results of such investigation and study to the President and the Congress not later than July 1, 1967. (June 30, 1948, ch. 758, § 26, formerly § 16, as added Nov. 3, 1966, Pub. L. 89-753, title II, § 210, 80 Stat. 1252, renumbered Apr. 3, 1970, Pub. L. 91-224, title I, § 102, 84 Stat. 91, and amended 1970 Reorg. Plan No. 3, § 2(a) (1), eff. -.) Dec. 2, 1970, 35 F.R. 15623, 84 Stat.

CODIFICATION

"Administrator" was substituted for "Secretary" pursuant to 1970 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Federal Water Quality Administration in the Department of the Interior and transferred to the Administrator of the Environmental Protection Agency all functions of the Secretary of the Interior and the Department of the Interior formerly administered through the Federal Water Quality Administration. TRANSFER OF FUNCTIONS

All functions of the Secretary of the Interior and the Department of the Interior administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorg. Plan No. 2 of 1966, and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act were transferred to the Administrator of the Environmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees.

All functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act [this chapter], with certain specified exceptions, were transferred to the Secretary of the Interior and to the Department of the Interior by 1966 Reorg. Plan No. 2, eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608, set out as a note under section 1151 of this title.