§ 1252. — Comprehensive programs for water pollution control.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1252]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I--RESEARCH AND RELATED PROGRAMS
Sec. 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.
(June 30, 1948, ch. 758, title I, Sec. 102, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 817; amended Pub. L. 95-91, title IV,
Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 95-217,
Sec. 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104-66, title II,
Sec. 2021(a), Dec. 21, 1995, 109 Stat. 726.)
Amendments
1995--Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which read
as follows: ``The Administrator, after consultation with the States, and
River Basin Commissions established under the Water Resources Planning
Act, shall submit a report to Congress on or before July 1, 1978, which
analyzes the relationship between programs under this chapter, and the
programs by which State and Federal agencies allocate quantities of
water. Such report shall include recommendations concerning the policy
in section 1251(g) of this title to improve coordination of efforts to
reduce and eliminate pollution in concert with programs for managing
water resources.''
1977--Subsec. (d). Pub. L. 95-217 added subsec. (d).
Transfer of Functions
``Federal Energy Regulatory Commission'' substituted for ``Federal
Power Commission'' in subsec. (b)(6) on authority of Pub. L. 95-91,
title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is
classified to section 7172(a)(1)(A) of Title 42, The Public Health and
Welfare.
Executive Order No. 10014
Ex. Ord. No. 10014, Nov. 3, 1948, 13 F.R. 6601, which related to the
cooperation of Federal and State agencies to prevent pollution of
surface and underground waters, was superseded by Ex. Ord. No. 11258,
Nov. 17, 1965, 30 F.R. 14483.
Section Referred to in Other Sections
This section is referred to in sections 1252a, 1375 of this title.
