Summary: H.R.3429 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for H.R.3429. Bill summaries are authored by CRS.

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Introduced in House (09/26/1991)

Clean Water Enforcement and Compliance Improvement Amendments Act of 1991 - Amends the Federal Water Pollution Control Act to require any person subject to the requirements of such Act (currently, owners or operators of point sources) to maintain records, make reports, and allow access to information to the Environmental Protection Agency (EPA) with respect to carrying out such Act.

Provides for the issuance of compliance orders, the bringing of civil actions, and the imposition of civil, criminal, or administrative penalties for violations of requirements of pretreatment programs. Repeals a provision that treats a single operational upset that leads to simultaneous violations of more than one pollution parameter as a single violation.

Authorizes courts to order civil penalties to be used for mitigation projects.

Raises the ceiling on the amount of administrative penalties allowed to be assessed for violations.

Removes provisions that permit State enforcement actions to serve as a bar to Federal enforcement actions.

States that civil penalties must be in an amount that is no less than the amount of the economic benefit or savings resulting from the violation plus interest accruing from the date of violation.

Sets forth minimum civil penalties for discharges of pollutants (including hazardous pollutants) from point sources exceeding effluent limitations and from persons determined to be significant noncompliers.

Requires the EPA Administrator to: (1) conduct inspections of facilities operated by significant noncompliers at which violations occurred; and (2) report annually to the Congress and to State Governors on persons classified as significant noncompliers.

Prohibits the amount of civil penalties for discharges from sources exceeding effluent limitations from being compromised.

Adds to the list of requirements for State pollutant discharge permit programs that such programs ensure that: (1) permits for discharges from major industrial or municipal facilities contain annual State inspection requirements; (2) permits for discharges from publicly owned treatment works require significant industrial users of the treatment works to submit monthly discharge monitoring reports as a condition to using the treatment works; (3) significant industrial users or other sources designated by the Administrator that introduce pollutants into such treatment works operate in accordance with a permit issued by the treatment works or the State; and (4) the State will grant publicly owned treatment works the authority and responsibility to conduct inspections and to assess and collect civil and administrative penalties. Sets forth inspection and discharge reporting requirements.

Authorizes the Administrator to renew expired State discharge permits under certain conditions.

Makes the issuance of permits modifying certain effluent limitations for toxic pollutants subject to certain public hearing requirements.

Makes persons who fail to comply with orders concerning public endangerment from discharges subject to civil penalties.

Authorizes citizen suits for past violations of effluent standards or limitations.

Establishes the Clean Water Trust Fund. Requires the Administrator to use Fund moneys to carry out inspections and enforcement activities.