discharges in New York City’s harbors.2> An ex- 
tended version of the Act of 1888, the River and 
Harbor Act of 1899 (33 U.S.C. 401 et seq. (1964)), 
popularly called the Refuse Act, outlawed the dump- 
ing of refuse material into any navigable water or 
its tributary. This Refuse Act served as one of the 
primary water quality statutes protecting coastal 
waters from 1899 until 1972. It was based on the 
theory of “navigational servitude,” which requires 
that waters be kept free of debris that would impede 
navigation. Prevention of visible pollution and im- 
pediments to navigation were the primary concerns 
of Federal law until the late 1940s when the first 
actual water quality statute aimed at treatment was 
enacted. 
Federal Marine Pollution Control Statutes 
Oil Pollution Act of 1924 (Public Law 68-238 )— 
33 U.S.C. 431 et seq. (Supp. 1970). This Act pro- 
hibited oil disposal in navigable waters except in 
emergencies or unavoidable accidents, or by regula- 
tion. Authority was vested in the Secretary of the 
Army. (Act replaced by Sec. IT Water Quality Im- 
provement Act of 1970); 
Water Pollution Control Act of 1948 (Public Law 
80-845 )—33 U.S.C. 1151 et seq. This Act was a 
5-year authorization and was the precursor of the 
present body of laws pertaining to water pollution. It 
established a technical assistance program to States 
for the development of water quality control facil- 
ities; 
Federal Water Pollution Control Act of 1956, as 
amended in 1961, 1965, 1966, 1970, 1972, and 
1977 (Public Law 84-—660)—-33 U.S.C. 1151 et seq. 
This Act serves as the basis for our national water 
cleanup initiative. It provides State and interstate 
water pollution control agencies with construction 
and other grants, enforcement procedures, and inter- 
state waters and research programs. It authorizes a 
5-year grant program to municipalities for construc- 
tion of sewage treatment plant facilities.° 
e The 1961 amendments increased funding levels; 
authorized seven field laboratory and research 
facilities; directed studies, research, and develop- 
ment on the quality of the Great Lakes; and ex- 
tended Federal enforcement authority to navigable 
waters. 
The 1965 amendment (The Water Quality Act of 
1965 (Public Law 89-234), (33 U.S.C. 1151 et 
seq.)) provided for Federal administrative reor- 
ganization and further grants for research, devel- 
opment, and construction of sewage treatrnent 
works. It created the Federal Water Pollution 
Control Administration (FWPCA) in the Depart- 
ment of Health, Education, and Welfare. It insti- 
tuted the program of mandatory water quality for 
interstate waters. 
>U.S. Congress, Senate, Committee on Commerce, Science, 
and Transportation and the National Ocean Policy Study. Con- 
gress and the Oceans: Marine Affairs in the 94th Congress. 95th 
Cong., Ist sess. Washington, D.C., Government Printing Office, 
1977. 
26 33 U.S.C. 1251(a), (P.L. 92-500, Sec. 101). 
e Reorganization Plan No. 2 of 1966 transferred the 
FWPCA to the Secretary of the Interior. The Plan 
provided for an Assistant Secretary of the Interior 
to assist the Secretary in carrying out the trans- 
ferred functions. 
The 1966 amendments (The Clean Water Resto- 
ration Act of 1966), (33 U.S.C. 431—437, 466a, 
466-1, to 466e, 466g, 466j, 4661-466n) extended 
the definition of coverage of the Act to include 
specifically rivers, coastal waters, sounds, estu- 
aries, bays, and harbors. Massive Federal support 
was authorized for grants for the construction of 
sewage treatment facilities. The 1966 amendments 
also authorized a 3-year study of the pollution of 
the Nation’s estuary system. 
Title I of Public Law 91-224 (33 U.S.C. 1151, 
1152, 1155-1156, 1168, 1160-1175), the Water 
Quality Improvement Act of 1970, further 
amended the FWPCA Act. It repealed the Oil 
Pollution Act of 1924 and renamed the FWPCA 
The Federal Water Quality Administration. It 
provided for better control of oil pollution, con- 
trol of sludge from vessels, identification of haz- 
ardous substances, grants for acid mine drainage 
control demonstration projects, training funds, and 
additional funding for national estuary studies. 
e Reorganization Plan No. 3 of 1970 combined 
several agencies dealing with water pollution con- 
trol within the Environmental Protection Agency 
in the Water Quality Office. Today water pro- 
grams are combined with hazardous material con- 
trols to form the Office of Water and Hazardous 
Materials. 
During the 92d Congress, awareness of the prob- 
lems of water quality continued to heighten, liti- 
gation increased, and the permit program insti- 
tuted under the Refuse Act of 1899 essentially 
broke down. Finally, the 92d Congress enacted 
the Federal Water Pollution Control Act Amend- 
ments of 1972 (FWPCA), which completely re- 
vised water pollution legislation. It based water 
pollution control primarily on effluent limitations 
instead of on water quality standards. It empha- 
sized comprehensive planning and addressed for 
the first time nonpoint source pollution. The ulti- 
mate goal as stated in the Act was “to restore and 
