33 U.S.C. § 1252 : US Code - Section 1252: Comprehensive programs for water pollution control

Search 33 U.S.C. § 1252 : US Code - Section 1252: Comprehensive programs for water pollution control

(a) Preparation and development
The Administrator shall, after careful investigation, and in
cooperation with other Federal agencies, State water pollution
control agencies, interstate agencies, and the municipalities and
industries involved, prepare or develop comprehensive programs for
preventing, reducing, or eliminating the pollution of the navigable
waters and ground waters and improving the sanitary condition of
surface and underground waters. In the development of such
comprehensive programs due regard shall be given to the
improvements which are necessary to conserve such waters for the
protection and propagation of fish and aquatic life and wildlife,
recreational purposes, and the withdrawal of such waters for public
water supply, agricultural, industrial, and other purposes. For the
purpose of this section, the Administrator is authorized to make
joint investigations with any such agencies of the condition of any
waters in any State or States, and of the discharges of any sewage,
industrial wastes, or substance which may adversely affect such
waters.
(b) Planning for reservoirs; storage for regulation of streamflow
(1) In the survey or planning of any reservoir by the Corps of
Engineers, Bureau of Reclamation, or other Federal agency,
consideration shall be given to inclusion of storage for regulation
of streamflow, except that any such storage and water releases
shall not be provided as a substitute for adequate treatment or
other methods of controlling waste at the source.
(2) The need for and the value of storage for regulation of
streamflow (other than for water quality) including but not limited
to navigation, salt water intrusion, recreation, esthetics, and
fish and wildlife, shall be determined by the Corps of Engineers,
Bureau of Reclamation, or other Federal agencies.
(3) The need for, the value of, and the impact of, storage for
water quality control shall be determined by the Administrator, and
his views on these matters shall be set forth in any report or
presentation to Congress proposing authorization or construction of
any reservoir including such storage.
(4) The value of such storage shall be taken into account in
determining the economic value of the entire project of which it is
a part, and costs shall be allocated to the purpose of regulation
of streamflow in a manner which will insure that all project
purposes, share equitably in the benefit of multiple-purpose
construction.
(5) Costs of regulation of streamflow features incorporated in
any Federal reservoir or other impoundment under the provisions of
this chapter shall be determined and the beneficiaries identified
and if the benefits are widespread or national in scope, the costs
of such features shall be nonreimbursable.
(6) No license granted by the Federal Energy Regulatory
Commission for a hydroelectric power project shall include storage
for regulation of streamflow for the purpose of water quality
control unless the Administrator shall recommend its inclusion and
such reservoir storage capacity shall not exceed such proportion of
the total storage required for the water quality control plan as
the drainage area of such reservoir bears to the drainage area of
the river basin or basins involved in such water quality control
plan.
(c) Basins; grants to State agencies
(1) The Administrator shall, at the request of the Governor of a
State, or a majority of the Governors when more than one State is
involved, make a grant to pay not to exceed 50 per centum of the
administrative expenses of a planning agency for a period not to
exceed three years, which period shall begin after October 18,
1972, if such agency provides for adequate representation of
appropriate State, interstate, local, or (when appropriate)
international interests in the basin or portion thereof involved
and is capable of developing an effective, comprehensive water
quality control plan for a basin or portion thereof.
(2) Each planning agency receiving a grant under this subsection
shall develop a comprehensive pollution control plan for the basin
or portion thereof which -
(A) is consistent with any applicable water quality standards
effluent and other limitations, and thermal discharge regulations
established pursuant to current law within the basin;
(B) recommends such treatment works as will provide the most
effective and economical means of collection, storage, treatment,
and elimination of pollutants and recommends means to encourage
both municipal and industrial use of such works;
(C) recommends maintenance and improvement of water quality
within the basin or portion thereof and recommends methods of
adequately financing those facilities as may be necessary to
implement the plan; and
(D) as appropriate, is developed in cooperation with, and is
consistent with any comprehensive plan prepared by the Water
Resources Council, any areawide waste management plans developed
pursuant to section 1288 of this title, and any State plan
developed pursuant to section 1313(e) of this title.
(3) For the purposes of this subsection the term "basin"
includes, but is not limited to, rivers and their tributaries,
streams, coastal waters, sounds, estuaries, bays, lakes, and
portions thereof as well as the lands drained thereby.