§ 1323. — Federal facilities 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: 33USC1323]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 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.
(June 30, 1948, ch. 758, title III, Sec. 313, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95-217, Secs. 60,
61(a), Dec. 27, 1977, 91 Stat. 1597, 1598.)
Amendments
1977--Subsec. (a). Pub. L. 95-217, Secs. 60, 61(a), designated
existing provisions as subsec. (a) and inserted provisions making
officers, agents, or employees of Federal departments, agencies, or
instrumentalities subject to Federal, State, interstate, and local
requirements, administrative authority, process, and sanctions
respecting the control and abatement of water pollution in the same
manner and to the same extent as non-governmental entities, including
the payment of reasonable service charges, inserted provisions covering
Federal employee liability, and inserted provisions relating to military
source exemptions and the issuance of regulations covering those
exemptions.
Subsec. (b). Pub. L. 95-217, Sec. 60, added subsec. (b).
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Marine Guidance Systems
Pub. L. 105-383, title IV, Sec. 425(b), Nov. 13, 1998, 112 Stat.
3441, provided that: ``The Secretary of Transportation shall, within 12
months after the date of the enactment of this Act [Nov. 13, 1998],
evaluate and report to the Congress on the suitability of marine sector
laser lighting, cold cathode lighting, and ultraviolet enhanced vision
technologies for use in guiding marine vessels and traffic.''
Federal Compliance With Pollution Control Standards
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out
as a note under section 4321 of Title 42, The Public Health and Welfare.
Executive Order No. 11258
Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483, which related to
prevention, control, and abatement of water pollution by federal
activities, was superseded by Ex. Ord. No. 11286, July 2, 1966, 31 F.R.
9261.
Executive Order No. 11288
Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261, which provided for
prevention, control, and abatement of water pollution from federal
activities, was superseded by Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R.
2573.
Section Referred to in Other Sections
This section is referred to in section 1365 of this title.
