101 



such designated areas. The purpose of the standards would be to insure that no 

 damage to wildlife, or pollution of United States navigagle waters, results from 

 such discharges. States would be authorized to establish standards of equal or 

 greater stringency provided they contain adequate procedures for enforcement. 

 Discharges of sewage, sludge, spoil or other waste into any waters within the 

 jurisdiction of the United States which are not within a designated discharge 

 area would invite civil penalties of up to $10,000 per offense. Violators of 

 discharge standards applicable to discharge areas would be subject to comparable 

 civil penalties. District courts would have jurisdiction to restrain violations. 

 Outstanding Federal discharge permits would be nullified on the effective date 

 of the proposal. Thereafter, no Federal permits could be issued which would 

 authorize any activity prohibited by this bill. 



H.R. 983 is the same as H.R. 285 except that (1) designation of discharge 

 areas would be carried out jointly by Interior and EPA; (2) standard setting 

 and enforcement would be carried out by EPA rather than by Interior ; and (3) 

 the maximum authorized civil penalty per violation would be $40,000 rather than 

 $10,000. Both bills define covered "discharges" to include "any spilling, leaking, 

 pumping, pouring, emitting, emptying, or dumping." 



H.R. 285 and 983 are similar to H.R. 1383 and 805. discussed above, except that 

 they would be applicable to all United States navigable waters, and would call 

 for the designation of safe discharge areas as well as for the establishment of 

 discharge standards. EPA is opposed to the enactment of these bills for the 

 same reasons it is opposed to enactment of H.R. 1363 and 805: basically, the 

 fact that they are designed to accomplish, in a somewhat different way, what 

 is already being accomplished under the Federal Water Pollution Control Act. 

 The overlap is even greater than in the case of H.R. 1383 and 805, in view of 

 the broad application to all "navigable" waters. Interstate navigable waters 

 are already subject to the standard-setting provisions of the Federal Water 

 Pollution Control Act, and intrastate navigable waters will be brought within 

 the coverage of that Act if the Administration's H.R. 5966 is enacted. 



H.R. 1095 



H.R. 1095 would require the Secretary of the Interior, acting through the 

 Fish and Wildlife Service, after a one-year study, to designate those portions 

 of the navigable waters of the United States and those portions of the waters 

 above the Outer Continental Shelf into which he determines that sewage, sludge, 

 spoil, landfill, heated effluents, or other wastes or substances cannot be safely 

 discharged, such areas to be known as "marine sanctuaries." Persons who 

 discharge (defined to include spilling, leaking, pouring, etc.) any wastes or 

 substances into such designated waters would be subject to fines of up to $10,000 

 per offense. All Federal permits would be terminated to the extent that they 

 authorize any discharges into such areas, and no new Federal permits authoriz- 

 ing such dumping could be issued. 



The Secretary of the Interior would be required to establish standards appli- 

 cable to the discharge of all wastes and substances into areas not so designated 

 as marine sanctuaries. Such standards would be for the purpose of insuring 

 against damage to marine life or wildlife, or pollution of United States navigable 

 waters. The standards would be required to provide that no sewage or industrial 

 waste may be discharged: (1) after January 1, 1973, unless it has received at 

 least primary treatment or its equivalent : (2) after January 1, 1975, unless it has 

 received at least secondary treatment or its equivalent ; and (3) after January 1, 

 1977, unless it has received at least tertiary treatment or its equivalent. States 

 would be authorized to establish standards of equal or greater stringency pro- 

 vided they contain adequate provisions for enforcement. Dischargers of any 

 waste or substance in violation of the established standards would be subject to a 

 civil penalty of not more than $10,000 per day of violation. All Federal permits 

 would be terminated to the extent they authorize discharges which violate such 

 standards. District courts would have authority to restrain violations. 



The Secretary of Defense would be required to make a complete inventory of 

 all existing munitions, chemical, biological, and radiological warfare agents, and 

 other military materials, the disposition of which may present a danger to man, 

 the environment, or to fish and wildlife, and to determine the date beyond which 

 each such item cannot be safely retained. He would also be required to prepare 

 a plan for the demilitarization, detoxification or decontamination of such mili- 

 tary materials. After the date of enactment of the bill, he would be required to 



