WATER POLLUTION CONTROL-1966

TUESDAY, APRIL 19, 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 call, in room 4200, New Senate Office Building, Senator Edmund S. Muskie (chairman of the subcommittee) presiding.

Present: Senators Muskie, Randolph, Moss, Tydings, Boggs, and Murphy.

Present also: Senator Cooper.

Senator MUSKIE. The committee will be in order. Today we are starting hearings on a number of bills pending before this Subcommittee on Air and Water Pollution. Of special significance among those bills is S. 2947 which I have sponsored with 47 other Members of the Senate.

I will place in the record a copy of each of the bills on which we will hold hearings.

(The bills referred to are as follows:)

[S. 2947, 89th Cong., 2d sess.]

A BILL To amend the Federal Water Pollution Control Act in order to improve and make more effective certain programs pursuant to such Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Federal Water Pollution Control Act is amended in subsection (d) by striking out "(1)" after “(d)” and by striking out all of paragraph (2) of such subsection.

SEC. 2. Section 6 of the Federal Water Pollution Control Act is amended to read as follows:

"GRANTS FOR RESEARCH AND DEVELOPMENT

"SEC. 6. (a) The Secretary is authorized to make grants to any State, municipality, or intermunicipal or interstate agency for 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 advanced waste treatment and water purification methods or new or improved methods of compatible joint treatment systems for municipal and industrial wastes,

and for the purpose of reports, plans, and specifications in connection therewith. The Secretary is authorized to provide for the conduct of research and demonstrations relating to the purpose set forth in clause (1) or (2) by contract with public or private agencies and institutions and with individuals without regard to sections 3648 and 3709 of the Revised Statutes; except that not to exceed 25 per centum of the total amount appropriated under authority of this section for any fiscal year may be expended under authority of this sentence during such fiscal year.

"(b) Federal grants under this section shall be subject to the following limitations:

"(1) No grant shall be made for any project pursuant to this section unless such project shall have been approved by appropriate State water pollution control agency or agencies and by the Secretary;

"(2) No grant shall be made for any project in an amount exceeding 50 per centum of the estimated reasonable cost thereof as determined by the Secretary; and

"(3) No grant shall be made for any project under this section unless the Secretary determines that such project will serve as a useful demonstration for the purpose set forth in clause (1) or (2) of subsection (a).

"(c) For the purposes of this section there are authorized to be appropriated— "(1) for the fiscal year ending June 30, 1966, and for each of the next three succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purpose set forth in clause (1) of subsection (a), including contracts pursuant to such subsection for such purpose; and

"(2) for the fiscal year ending June 30, 1967, and for each of the next four succeeding fiscal years, the sum of $25,000,000 per fiscal year for the purpose set forth in clause (2) of subsection (a), including contracts pursuant to such subsection for such purpose.

Sums so appropriated shall remain available until expended. No grant or contract for the purpose of either such clause (1) or (2) shall be made for any project in any fiscal year in an amount exceeding 5 per centum of the total amount authorized for the purpose of such clause in such fiscal year."

SEC. 3. Subsection (a) of section 7 of the Federal Water Pollution Control Act is amended by striking out "and for each succeeding fiscal year to and including the fiscal year ending June 30, 1968, $5,000,000" and inserting in lieu thereof "for each succeeding fiscal year to and including the fiscal year ending June 30, 1967, $5,000,000, and for each succeeding fiscal year to and including the fiscal year ending June 30, 1972. $10,000,000”.

SEC. 4. Effective after June 30, 1967, subsection (b) of section 8 of the Federal Water Pollution Control Act is amended to read as follows:

"(b) Federal grants under this section shall be subject to the following limitations: (1) No grant shall be made for any project pursuant to this section unless such project shall have been approved by the appropriate State water pollution control agency or agencies and by the Secretary and unless such project is included in a comprehensive program developed pursuant to this Act; (2) except as otherwise provided in this clause, no grant shall be made for any project in an amount exceeding 30 per centum of the estimated reasonable cost thereof as determined by the Secretary, or in an amount exceeding 40 per centum of such reasonable cost if the State agrees to match equally not less than 30 per centum of such estimated reasonable cost of each project in such State approved under this section: Provided, That the grantee agrees to pay the remaining cost: Provided further, That, in the case of a project which will serve more than one municipality the Secretary shall, on such basis as he determines to be reasonable and equitable, allocate to each municipality to be served by such project its share of the estimated reasonable cost of such project; (3) no grant shall be made for any project under this section until the applicant has made provision satisfactory to the Secretary for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof; and (4) no grant shall be made for any project under this section unless such project is in conformity with the State water pollution control plan submitted pursuant to the provisions of section 7 and has been certified by the State water pollution control agency as entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs. Notwithstanding the preceding provisions of this subsection, in any case where the State is not matching at least 30 per centum of the cost of a project pursuant to an agreement described in clause (2) the requirements in clause (1) relating to approval by the State water pollution control agency and clause (4) relating to certification by such agency shall not apply."

SEC. 5. Subsection (c) of section 8 of the Federal Water Pollution Control Act is amended by inserting after "The allotments of a State under the second, third, and fourth sentences of this subsection shall be available, in accordance with the provisions of this section, for payments with respect to projects in such State which have been approved under this section" a comma and the following:

"except that in the case of any project on which construction was initiated in such State after June 30, 1966, and which meets the requirements for assistance under this section but was constructed without such assistance, such allotments shall also be available for payments in reimbursement of State or local funds used for such project to the extent that assistance could have been provided under this section if such project had been approved pursuant to this section and adequate funds had been available. In the case of any project on which construction was initiated in such State after June 30, 1966, and which was constructed with assistance pursuant to this section but the amount of such assistance was a lesser per centum of the cost of construction than was allowable pursuant to this section, such allotments shall also be available for payments in reimbursement of State or local funds used for such project to the extent that assistance could have been provided under this section if adequate funds had been available".

SEC. 6. Effective after June 30, 1967, subsection (d) of section 8 of the Federal Water Pollution Control Act is amended by striking out all beginning with "and $150,000,000 for the fiscal year ending June 30, 1967" through the end of such subsection and inserting in lieu thereof the following: "$150,000,000 for the fiscal year ending June 30, 1967, $600,000,000 for the fiscal year ending June 30, 1968, $1,000,000,000 for the fiscal year ending June 30, 1969, $1,250,000,000 for the fiscal year ending June 30, 1970, $1,500,000,000 for the fiscal year ending June 30, 1971, and $1,500,000,000 for the fiscal year ending June 30, 1972.”

SEC. 7. Section 8 of the Federal Water Pollution Control Act is further amended by inserting at the end thereof a new subsection as follows:

“(h) (1) Upon application the Secretary may make a loan to any State, municipality, or intermunicipal or interstate agency which he has agreed to make a grant to pursuant to this section, for the purpose of helping to finance its share of the cost of construction for which such grant is to be made. Any such loan shall be made only (A) after the Secretary determines that such State, municipality, or agency has made satisfactory provision for assuring proper and efficient operation and maintenance of the treatment works being constructed after completion of such construction, and (B) if such State, municipality, or agency shows it is unable to secure such funds from non-Federal sources upon terms and conditions which the Secretary determines to be reasonable and consistent with the purposes of this section. Loans pursuant to this subsection shall bear interest at a rate which the Secretary determines to be adequate to cover the cost of the funds to the Treasury as determined by the Secretary of the Treasury, taking into consideration the current average yields of outstanding marketable obligations of the United States having maturities comparable to the maturities of loans made pursuant to this subsection. Such loans may not be used for the State's share of the cost of a project pursuant to a matching agreement entered into under section 8(b) (2).

"(2) Loans pursuant to this subsection shall mature within such period as many be determined by the Secretary to be appropriate but not exceeding forty years.

"(3) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection but not to exceed a total of $250,000,000. No loan or loans pursuant to this subsection with respect to any one project shall exceed an amount equal to 10 per centum of such total."

[S. 2987, 89th Cong., 2d sess.]

A BILL To provide a program of pollution control and abatement in selected river basins of the United States through comprehensive planning and financial assistance, to amend the Federal Water Pollution Control Act, as amended, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I

SEC. 101. This title may be cited as the "Clean Rivers Restoration Act of 1966".

SEC. 102. Congress finds and declares that the clear, fresh, natural waters of the Nation's rivers, lakes, streams, estuaries, bays, and coastal areas have become despoiled and unsightly dumping grounds for the wastes of our industries and

for the raw or inadequately treated sewage of our communities; that there is a national concern for the potentially harmful effects of these waters to our health and welfare, for the esthetic quality of these waters, and for the suitability of these waters for municipal, agricultural, industrial, recreational, and wildlife and sport and commercial fish uses; that there is a national urgency to control, prevent, and eliminate polluting substances in these waters through the construction, where appropriate, of coordinated river basin or areawide treatment works and water and sewer facilities if these waters are to be reclaimed and restored to adequate standards of quality for all our health, welfare, and resource needs; that the Federal programs now authorized to provide financial assistance to the construction of such works and facilities are oriented toward assistance to individual municipalities and cities throughout the Nation; and that these programs need to be supplemented by a program that focuses upon cleaning entire river basins or parts thereof in a manner that achieves, along with other new private and public measures, water of adequate quality, and that encourages the establishment of desirable economic incentives to water users to conserve water and to minimize pollution through the provision of new local or interstate bodies and policies which will lead to the assumption of full financial responsibility by such bodies for the provision of water treatment works and water and sewer facilities in the most effective and economically efficient manner.

It is therefore the purpose of this Act to authorize a program in selected river basins of the United States that supplements other Federal pollution control and abatement programs, that provide for the maximum cooperation of all levels of government, and that is designed to reclaim and restore the natural waters of the Nation's rivers, lakes, streams, estuaries, bays, and coastal waters to adequate standards of water quality for all our present and future health, welfare, and resource needs through

(a) the preparation and development of a comprehensive pollution control and abatement plan for all or part of a river basin or group of related basins or parts thereof that is consistent with or part of a comprehensive river basin water and related land use plan for such areas,

(b) the establishment of economic incentives to water users to conserve water and minimize wastes,

(c) the establishment of a permanent organization having among other responsibilities appropriate water and related land resource regulation and enforcement authority, and authority to coordinate the actions taken to carry out a comprehensive pollution control and abatement plan,

(d) the establishment of local or interstate bodies and coordinated policies within designated geographical areas which will enable such bodies to assume, when necessary, the full financial responsibility for the replacement and expansion of treatment works and water and sewer facilities constructed pursuant to a comprehensive pollution control and abatement plan, and

(e) The construction, when appropriate, on a river basin or areawide basis of needed treatment works and sewer facilities.

SEC. 103. (a) In furtherance of the purpose of this Act, the Secretary of the Interior may, either upon his own initiative or at the request of the Governors of one or more States, designate or establish as a planning agency a River Basin Commission established under the Water Resources Planning Act (79 Stat. 244), or, if the Secretary deems it desirable, some organization other than such Commission which is established under the provisions of other Federal or State law and which in his judgment provides for adequate representation of Federal, State, interstate, local, and, when appropriate, international interests in the river basin or basins involved and which in his judgment is capable of developing an effective comprehensive pollution control and abatement plan that is consistent with or part of a comprehensive river basin water and related land resources plan or part thereof.

(b) The Secretary shall select for planning purposes only those river basins where the Governors agree to seek any legislation which may be necessary to authorize local or interstate bodies to carry out the plan required by subsection 104(a) (5) of this Act.

SEC. 104. (a) Each planning agency designated pursuant to section 103 of this Act shall develop in consultation with the Secretary a comprehensive pollution control and abatement plan in a manner that is consistent with or part of a comprehensive river basin water and related land resources plan. The pollution control and abatement plan shall

(1) include water-quality standards applicable to the river basin or part thereof or group of related river basins or parts thereof which are consistent with the requirements of section 10(c)(3) of the Federal Water Pollution Control Act, as amended;

(2) provide for the use of pollution control and abatement enforcement authority as necessary to maintain adequate water-quality standards:

(3) provide that the local or interstate bodies within designated geographic areas shall organize, plan, construct, operate, and maintain treatment works and water and sewer facilities, or share in the cost of the provision thereof by other agencies, in a manner that will, when appropriate, provide the most effective and economic means of developing river basin or areawide collection, storage, treatment, purification, and distribution of water and wastes;

(4) provide for a permanent organization, with jurisdiction coextensive with the river basin or basins covered by the plan, which has among other responsibilities appropriate water and related land resources regulation and enforcement authority, and authority to coordinate the actions taken to carry out, and to review and update, such a plan in a manner that provides adequate water-quality standards and is consistent with or a part of a comprehensive river basin water and related land resources plan;

(5) provide that local interstate bodies charged with the construction and operation of treatment works and water and sewer facilities must obtain adequate authority—

(A) to take actions necessary to carry out the purpose of this Act. (B) to raise capital by the sale of water supply and pollution control revenue bonds, in addition to their other authorized methods of raising capital, but such authority shall not preclude the guaranteeing of such bonds by the pledge of credit by local or interstate bodies,

(C) to levy water and sewer and sewage collection, treatment, and disposal charges adequate to cover costs incurred in water supply and sewage disposal and treatment, including capital costs, and

(D) to use a metering system to conserve water, prevent or minimize waste, and serve as a means of establishing equitable charges, in order that such bodies will have the capability of adopting financial programs which will assure adequate water supply and the maintenance of water quality within all or part of a river basin or group of related basins or parts thereof in accordance with a comprehensive pollution control and abatement plan, and which will assure the expansion and replacement of such works and facilities as needed, without subsequent Federal grants; and

(6) include such other provisions as may be necessary in the judgment of the planning agency to carry out the purpose of this Act.

(b) The planning agency shall also, in preparing a comprehensive pollution control and abatement plan, give consideration to effluent charges on public and private entities discharging wastes or raw or inadequately treated sewage into any waters within all or part of a river basin or group of related basins or parts thereof.

SEC. 105. Upon completion of a proposed comprehensive pollution control and abatement plan or, when appropriate, a portion thereof, each planning agency shall transmit the plan to the head of each Federal department or agency, the Governor of each State, and each interstate agency, which is represented on the planning agency, and, through the Secretary of State, to the head of the United States section of any international commission if the proposed plan deals with an international boundary water or a river crossing such a boundary or any tributary flowing into such boundary water or river over which such commission has jurisdiction or responsibility. Each such person, agency, or commission shall have ninety days from the date of the receipt of the proposed plan to submit views, comments, and recommendations. The planning agency shall consider such views, comments, and recommendations and may make appropriate changes or modifications in the proposed plan. The planning agency shall then submit the proposed plan to the Secretary of the Interior together with the views, comments, and recommendations of each such person, agency, or international commission.

SEC. 106. (a) Upon receipt of a proposed comprehensive pollution control and abatement plan or portion thereof from a planning agency, the Secretary of the