33 U.S.C. § 1323 : US Code - Section 1323: Federal facilities pollution control

Search 33 U.S.C. § 1323 : US Code - Section 1323: Federal facilities pollution control

(a) Each department, agency, or instrumentality of the executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged
in any activity resulting, or which may result, in the discharge or
runoff of pollutants, and each officer, agent, or employee thereof
in the performance of his official duties, shall be subject to, and
comply with, all Federal, State, interstate, and local
requirements, administrative authority, and process and sanctions
respecting the control and abatement of water pollution in the same
manner, and to the same extent as any nongovernmental entity
including the payment of reasonable service charges. The preceding
sentence shall apply (A) to any requirement whether substantive or
procedural (including any recordkeeping or reporting requirement,
any requirement respecting permits and any other requirement,
whatsoever), (B) to the exercise of any Federal, State, or local
administrative authority, and (C) to any process and sanction,
whether enforced in Federal, State, or local courts or in any other
manner. This subsection shall apply notwithstanding any immunity of
such agencies, officers, agents, or employees under any law or rule
of law. Nothing in this section shall be construed to prevent any
department, agency, or instrumentality of the Federal Government,
or any officer, agent, or employee thereof in the performance of
his official duties, from removing to the appropriate Federal
district court any proceeding to which the department, agency, or
instrumentality or officer, agent, or employee thereof is subject
pursuant to this section, and any such proceeding may be removed in
accordance with section 1441 et seq. of title 28. No officer,
agent, or employee of the United States shall be personally liable
for any civil penalty arising from the performance of his official
duties, for which he is not otherwise liable, and the United States
shall be liable only for those civil penalties arising under
Federal law or imposed by a State or local court to enforce an
order or the process of such court. The President may exempt any
effluent source of any department, agency, or instrumentality in
the executive branch from compliance with any such a requirement if
he determines it to be in the paramount interest of the United
States to do so; except that no exemption may be granted from the
requirements of section 1316 or 1317 of this title. No such
exemptions shall be granted due to lack of appropriation unless the
President shall have specifically requested such appropriation as a
part of the budgetary process and the Congress shall have failed to
make available such requested appropriation. Any exemption shall be
for a period not in excess of one year, but additional exemptions
may be granted for periods of not to exceed one year upon the
President's making a new determination. The President shall report
each January to the Congress all exemptions from the requirements
of this section granted during the preceding calendar year,
together with his reason for granting such exemption. In addition
to any such exemption of a particular effluent source, the
President may, if he determines it to be in the paramount interest
of the United States to do so, issue regulations exempting from
compliance with the requirements of this section any weaponry,
equipment, aircraft, vessels, vehicles, or other classes or
categories of property, and access to such property, which are
owned or operated by the Armed Forces of the United States
(including the Coast Guard) or by the National Guard of any State
and which are uniquely military in nature. The President shall
reconsider the need for such regulations at three-year intervals.
(b)(1) The Administrator shall coordinate with the head of each
department, agency, or instrumentality of the Federal Government
having jurisdiction over any property or facility utilizing
federally owned wastewater facilities to develop a program of
cooperation for utilizing wastewater control systems utilizing
those innovative treatment processes and techniques for which
guidelines have been promulgated under section 1314(d)(3) of this
title. Such program shall include an inventory of property and
facilities which could utilize such processes and techniques.
(2) Construction shall not be initiated for facilities for
treatment of wastewater at any Federal property or facility after
September 30, 1979, if alternative methods for wastewater treatment
at such property or facility utilizing innovative treatment
processes and techniques, including but not limited to methods
utilizing recycle and reuse techniques and land treatment are not
utilized, unless the life cycle cost of the alternative treatment
works exceeds the life cycle cost of the most cost effective
alternative by more than 15 per centum. The Administrator may waive
the application of this paragraph in any case where the
Administrator determines it to be in the public interest, or that
compliance with this paragraph would interfere with the orderly
compliance with conditions of a permit issued pursuant to section
1342 of this title.