Bill113th Congress

H.R. 202

To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes.

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Introduced
Jan 4, 2013
Origin Chamber
House
Policy Area
Environmental Protection
Latest Action
Jan 7, 2013

Sponsor

Rep. McClintock, Tom [R-CA-4]

Republican·CA-4
Bioguide ID: M001177
First Name: Tom
Last Name: McClintock
By Request: N
0
Cosponsors
1
Committees
4
Actions
0
Amendments
0
Related Bills
10
Subjects
1
Summaries
2
Titles
1
Text Versions

Bill Details

Update Date
Nov 15, 2022
Origin Chamber
House
Bill Type
HR
Bill Number
202
Congress
113
Introduced Date
Jan 4, 2013
Policy Area
Environmental Protection
Is Law
No
Jan 7, 2013Committee

Referred to the Subcommittee on Water Resources and Environment.

Source: House committee actions

Jan 4, 2013IntroReferralH11100

Referred to the House Committee on Transportation and Infrastructure.

Source: House floor actions

Jan 4, 2013IntroReferralIntro-H

Introduced in House

Source: Library of Congress

Jan 4, 2013IntroReferral1000

Introduced in House

Source: Library of Congress

Introduced in House· Jan 4, 20130

Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW): (1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance document entitled "A General Design for SNC Redefinition Enhancement in PCS," or (2) that is in significant non-compliance based on a manual designation as defined by such guidance document.

Prohibits liability for an unlawful discharge of a pollutant from a POTW for a person who can establish by a preponderance of the evidence that the immediate cause of such discharge and any damages was: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party other than an employee or agent of such person or one whose act or omission occurs in connection with a contractual relationship with such person, if such person exercised due care and took precautions against foreseeable acts or omissions of such third party and the consequences that could foreseeably result from such acts or omissions.

Requires the Administrator of EPA or a state to provide a 60-day waiting period between the notice of a violation of such Act by a POTW and the issuance of a civil penalty. Prohibits the Administrator from assessing a penalty for a violation if the POTW submits a viable plan for correcting the non-compliance within such period and thereafter implements such plan.

Requires any permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to have a 15-year (currently, 5-year) term.

Limits attorney fees with respect to actions involving POTWs to the prevailing fees in the community.

Requires any new or increased treatment requirement associated with a permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to be subject to a cost-benefit analysis.

Transportation and Infrastructure Committee

House· Standing
Administrative law and regulatory proceduresAdministrative remediesCivil actions and liabilityEnvironmental Protection Agency (EPA)Environmental regulatory proceduresEvidence and witnessesLegal fees and court costsLicensing and registrationsPollution liabilityWater quality

Introduced in House

Jan 4, 2013

To amend the Federal Water Pollution Control Act to limit citizens suits against publicly … — Informed