DISCHARGES INTO MARINE WATERS.

SEC. 303. DISCHARGES INTO MARINE WATERS. (a) Consideration of Other Sources of Pollutants.—Section 301(h)(2) is amended by striking out “such modified requirements will not interfere” and inserting in lieu thereof the following: “the discharge of pollutants in accordance with such modified requirements will not interfere, alone or in combination with pollutants from other sources,”. (b) Limitation on Scope of Monitoring.— (1) General rule.—Section 301(h)(3) is amended by inserting before the semicolon at the end thereof the following: “, and the scope of such monitoring is limited to include only those scientific investigations which are necessary to study the effects of the proposed discharge”. (2) Limitation on applicability.—The amendment made by subsection (b) shall only apply to modifications and renewals of modifications which are tentatively or finally approved after the date of the enactment of this Act. (c) Urban Area Pretreatment Program.—Section 301(h) is amended by redesignating paragraphs (6) and (7), and any references thereto, as paragraphs (7) and (8), respectively, and by inserting after paragraph (5) the following new paragraph: “(6) in the case of any treatment works serving a population of 50,000 or more, with respect to any toxic pollutant introduced into such works by an industrial discharger for which pollutant there is no applicable pretreatment requirement in effect, sources introducing waste into such works are in compliance with all applicable pretreatment requirements, the applicant will enforce such requirements, and the applicant has in effect a pretreatment program which, in combination with the treatment of discharges from such works, removes the same amount of such pollutant as would be removed if such works were to apply secondary treatment to discharges and if such works had no pretreatment program with respect to such pollutant;”. (d) Primary Treatment for Effluent.— (1) General rule.—Section 301(h) is amended by striking out the period at the end of paragraph (8) (as redesignated by subsection (c) of this section) and inserting in lieu thereof a semicolon and by inserting after such paragraph (8) the following new paragraph: “(9) the applicant at the time such modification becomes effective will be discharging effluent which has received at least primary or equivalent treatment and which meets the criteria established under section 304(a)(1) of this Act after initial mixing in the waters surrounding or adjacent to the point at which such effluent is discharged.”. (2) Primary or equivalent treatment defined.—Such section is further amended by inserting after the second sentence the following new sentence: “For the purposes of paragraph (9), ‘primary or equivalent treatment’ means treatment by screening, sedimentation, and skimming adequate to remove at least 30 percent of the biological oxygen demanding material and of 101 STAT. 34the suspended solids in the treatment works influent, and disinfection, where appropriate.”. (e) Limitations on Issuance of Permits.— Section 301(h) is further amended by adding at the end thereof the following new sentences: “In order for a permit to be issued under this subsection for the discharge of a pollutant into marine waters, such marine waters must exhibit characteristics assuring that water providing dilution does not contain significant amounts of previously discharged effluent from such treatment works. No permit issued under this subsection shall authorize the discharge of any pollutant into saline estuarine waters which at the time of application do not support a balanced indigenous population of shellfish, fish and wildlife, or allow recreation in and on the waters or which exhibit ambient water quality below applicable water quality standards adopted for the protection of public water supplies, shellfish, fish and wildlife or recreational activities or such other standards necessary to assure support and protection of such uses. The prohibition contained in the preceding sentence shall apply without regard to the presence or absence of a causal relationship between such characteristics and the applicant’s current or proposed discharge. Notwithstanding any other provisions of this subsection, no permit may be issued under this subsection for discharge of a pollutant into the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.”. (f) Application for Ocean Discharge Modification.—Section 301(j)(1)(A) is amended by inserting before the semicolon at the end thereof the following: “, except that a publicly owned treatment works which prior to December 31, 1982, had a contractual arrangement to use a portion of the capacity of an ocean outfall operated by another publicly owned treatment works which has applied for or received modification under subsection (h), may apply for a modification of subsection (h) in its own right not later than 30 days after the date of the enactment of the Water Quality Act of 1987”. (g) Grandfather of Certain Applicants.— The amendments made by subsections (a), (c), (d), and (e) of this section shall not apply to an application for a permit under section 301(h) of the Federal Water Pollution Control Act which has been tentatively or finally approved by the Administrator before the date of the enactment of this Act; except that such amendments shall apply to all renewals of such permits after such date of enactment.