352 



11. Executive Order 11523— Establishing the National Industrial Pollution 



Control Council 



35 Fed. Reg. 5993 



Ex. Ord. No. 11523, Apr. 9, 1970. 35 F.R. 5993, provided: 



By virtue of the authority vested In me as President 

 of the United States, and In furtherance of the purpose 

 and policy of the National Environmental Policy Act of 

 1969 (Public Law 91-190, approved January 1, 1970) (this 

 chapter]. It Is ordered as follows: 



Section 1. Establishment of the Council, (a) There Is 

 hereby established the National Industrial Pollution Con- 

 trol Council (hereinafter referred to as "the Industrial 

 Council") which shall be composed of a Chairman, a 

 Vice-chairman, and other representatives of business and 

 Industry appointed by the Secretary of Commerce (here- 

 inafter referred to as "the Secretary") . 



(b) The Secretary, with the concurrence of the Chair- 

 man, shall appoint an Executive Director of the Industrial 

 Council 



Sec. 2. Functions of the IndustTial Council. The Indus- 

 trial Council shall advise the President and the Chairman 

 of the Council on E:nvlronmental Quality, through the 

 Secretary, on programs of Industry relating to the quality 

 of the environment. In particular, the Industrial Council 

 may — 



(1) Survey and evaluate the plans and actions of In- 

 dustry In the Qeld of environmental quality. 



(2) Identify and examine problems of the effects on the 

 environment of industrial practices and the needs of In- 

 dustry for Improvements In the quality of the environ- 

 ment, and recommend solutions to those problems. 



(3) Provide liaison among members of the business and 

 Industrial community on environmental quality matters. 



(4) Encourage the business and Industrial community 

 to Improve the quality of the environment. 



(5) Advise on plans and actions of Federal, State, and 

 local agencies Involving environmental quality policies 

 affecting Industry which are referred to It by the Secre- 

 tary, or by the Chairman of the Council on Environmental 



Quality through the Secretary 



Sec. 3 Subordinate Committees. The Industrial Coun^ 

 ell may establish, with the concurrence of the Secretary, 

 such subordinate committees as It may deem appropriate 

 to assist In the performance of Its functions. Each sub- 

 ordinate committee shall be headed by a chairman ap- 

 pointed by the Chairman of the Industrial Council with 

 the concurrence of the Secretary. 



Sec. 4 Assistance for the Industrial Council. In com- 

 pliance with applicable law, and as necessary to serve 

 the purposes of this order, the Secretary shall provide 

 or arrange for administrative and staff services, support, 

 and facilities for the Industrial Council and any of Its 

 subordinate commJtteee. 



Sec. 5. Eipen.^es. Members of the Industrial Council or 

 any of Its subordinate committees shall receive no com- 

 pensation from the United States by reason of their serv- 

 ices hereunder, but may be allowed travel expenses. In- 

 cluding per diem In lieu of subsistence, as authorized by 

 law (5 U.S.C. 5703) for persons in the Government service 

 employed Intermittently. 



Sec 6. Regulations. The provisions of Executive Order 

 No. 11007 of February 26. 1962 (3 CFR 573) (set out as a 

 note under section 901 of Title 5| prescribing regulations 

 for the formation and use of advisory committees, are 

 hereby made applicable to the Industrial Council and 

 each of Its subordinate committees. The Secretary may 

 exercise the discretionary powers set forth In that order. 



Sec. 7. COTistruction. Nothing In this order shall be con- 

 strued as subjecting any Federal agency, or any function 

 vested by law In. or assigned pursuant to law to. any 

 Federal agency to the authority of any other Federal 

 agency or of the Industrial Council or of any of Its sub- 

 ordinate committees, or as abrogating or restricting any 

 such function In any manner 



RlCHAKD NIZON 



12. Executive Order 11574- 



— Administration of Permit Program (Water 

 Pollution) 



35 Fed. Reg. 19627 



Ex. Ord. No. 11574, Dec. 23, 1970. 35 F.R. 19627, provided: 

 By virtue of the authority vested In me as President of 

 the United States, and In furtherance of the purposes 

 and policies of section 13 of the Act of March 3, 1899, c. 

 425. 30 Stat. 1152 (33 U.S.C. 407). the Federal Water 

 Pollution Control Act. as amended (33 U.S.C. 1151 et. 

 (16 use. 661-66C). and the National Environmental 

 Policy Act. of 1969 (42 U.S.C. 4321-4347). It Is hereby 

 ordered as follows: 



Section 1. Refuse Act permit program. The executive 

 branch of the Federal Government shall Implement a 

 permit program under the aforesaid section 13 of the 

 Act of March 3. 1899 (hereinafter referred to as "the 

 Act") to regulate the discharge of pollutants and other 

 refuse matter Into the navigable waters of the United 

 States or their tributaries and the placing of such matter 

 upon their banks. 



Sec. 2, Responsibilities of Federal agencies, (a)(1) 

 The Secretary shall, after consultation with the Ad- 

 ministrator refpectlng water quality matters. Issue and 

 amend, as appropriate, regulations, procedures, and In- 

 structions for receiving, processing, and evaluating ap- 

 plications for permftts pursuant to the authority of the 

 Act. 



(2) The Secretary shall be responsible for granting, 

 denying, conditioning, revoking, or suspending Refuse 

 Act permits. In so doing: 



lA ) He shall accept findings, determinations, and in- 



terpretations which the Administrator shall make re- 

 specting applicable water quality standards and com- 

 pliance with those standards in particular circumstances, 

 including findings, determinations, and interpretations 

 arising from the Administrator's review of State or Inter- 

 state agency water quality certifications under section 

 21(b) of the Federal Water Pollution Control Act (84 

 Stat, 108) (section 1171(b) of this title]. A permit shall 

 be denied where the certification prescribed by section 

 21 (b) of the Federal Water Pollution Control Act [section 

 1171(b) of this title] has been denied, or where Issuance 

 would be Inconsistent with any finding, determination, 

 or interpretatlon'of the Administrator pertaining to ap- 

 plicable water quality standards and considerations. 



(B) In addition, he shall consider factors, other than 

 water quality, which are prescribed by or may be law- 

 fully considered under the Act or other pertinent laws. 



(3) The Secretary shall consult with the Secretary of 

 the Interior, with the Secretary of Commerce, with the 

 Administrator, and with the head of the agency exercising 

 administration over the wildlife resources of any affected 

 State, regarding effects on fish and wildlife which are not 

 reflected in water quality considerations, where the dis- 

 charge for which a permit is sought impounds, diverts, 

 deepens the channel, or otherwise controls or similarly 

 modifies the stream or body of water into which the dis- 

 charge is made. 



(4) Where appropriate for a particular permit applica- 

 tion, the Secretary shall perform such consultations 

 respecting environmental amenities and values, other 



