Amends the Federal Water Pollution Control Act to prohibit any civil or administrative penalty from being imposed against a local government for a violation of a provisions of the Act: (1) if such government has entered into an agreement with the Administrator of the Environmental Protection Agency, the Secretary of the Army, or the State to carry out a compliance plan with respect to a prior violation of the provision; and (2) during the period beginning on the date on which the government and the Administrator, Secretary, or State enter into such agreement and ending on the date on which the government is required to be in compliance under the agreement.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Introduced in Senate (IS)]
1st Session
S. 1391
To amend the Federal Water Pollution Control Act to prohibit the
imposition of any civil or administrative penalty against a unit of
local government for a violation of the Act when a compliance plan with
respect to the violation is in effect, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 3, 1995
Mr. Pressler (for himself and Mr. Campbell) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to prohibit the
imposition of any civil or administrative penalty against a unit of
local government for a violation of the Act when a compliance plan with
respect to the violation is in effect, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WAIVER OF PENALTIES WHEN FEDERAL WATER POLLUTION CONTROL ACT
COMPLIANCE PLANS ARE IN EFFECT.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) Waiver of Penalties When Compliance Plans Are in Effect.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of this Act, no civil or
administrative penalty may be imposed under this Act against a
unit of local government for a violation of a provision of this
Act (including a violation of a condition of a permit issued
under this Act)--
``(A) if the unit of local government has entered
into an agreement with the Administrator, the Secretary
of the Army (in the case of a violation of section
404), or the State to carry out a compliance plan with
respect to a prior violation of the provision by the
unit of local government; and
``(B) during the period--
``(i) beginning on the date on which the
unit of local government and the Administrator,
the Secretary of the Army (in the case of a
violation of section 404), or the State enter
into the agreement; and
``(ii) ending on the date on which the unit
of local government is required to be in
compliance with the provision under the plan.
``(2) Requirement of good faith.--Paragraph (1) shall not
apply during any period in which the Administrator, the
Secretary of the Army (in the case of a violation of section
404), or the State determines that the unit of local government
is not carrying out the compliance plan in good faith.
``(3) Other enforcement.--A waiver of penalties provided
under paragraph (1) shall not apply with respect to a violation
of any provision of this Act other than the provision that is
the subject of the agreement described in paragraph (1)(A).''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S16663)
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Hearings held.
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