§ 1345. — Disposal or use of sewage sludge.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1345]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV--PERMITS AND LICENSES
Sec. 1345. Disposal or use of sewage sludge
(a) Permit
Notwithstanding any other provision of this chapter or of any other
law, in any case where the disposal of sewage sludge resulting from the
operation of a treatment works as defined in section 1292 of this title
(including the removal of in-place sewage sludge from one location and
its deposit at another location) would result in any pollutant from such
sewage sludge entering the navigable waters, such disposal is prohibited
except in accordance with a permit issued by the Administrator under
section 1342 of this title.
(b) Issuance of permit; regulations
The Administrator shall issue regulations governing the issuance of
permits for the disposal of sewage sludge subject to subsection (a) of
this section and section 1342 of this title. Such regulations shall
require the application to such disposal of each criterion, factor,
procedure, and requirement applicable to a permit issued under section
1342 of this title.
(c) State permit program
Each State desiring to administer its own permit program for
disposal of sewage sludge subject to subsection (a) of this section
within its jurisdiction may do so in accordance with section 1342 of
this title.
(d) Regulations
(1) Regulations
The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, shall develop and
publish, within one year after December 27, 1977, and from time to
time thereafter, regulations providing guidelines for the disposal
of sludge and the utilization of sludge for various purposes. Such
regulations shall--
(A) identify uses for sludge, including disposal;
(B) specify factors to be taken into account in determining
the measures and practices applicable to each such use or
disposal (including publication of information on costs);
(C) identify concentrations of pollutants which interfere
with each such use or disposal.
The Administrator is authorized to revise any regulation issued
under this subsection.
(2) Identification and regulation of toxic pollutants
(A) On basis of available information
(i) Proposed regulations
Not later than November 30, 1986, the Administrator
shall identify those toxic pollutants which, on the basis of
available information on their toxicity, persistence,
concentration, mobility, or potential for exposure, may be
present in sewage sludge in concentrations which may
adversely affect public health or the environment, and
propose regulations specifying acceptable management
practices for sewage sludge containing each such toxic
pollutant and establishing numerical limitations for each
such pollutant for each use identified under paragraph
(1)(A).
(ii) Final regulations
Not later than August 31, 1987, and after opportunity
for public hearing, the Administrator shall promulgate the
regulations required by subparagraph (A)(i).
(B) Others
(i) Proposed regulations
Not later than July 31, 1987, the Administrator shall
identify those toxic pollutants not identified under
subparagraph (A)(i) which may be present in sewage sludge in
concentrations which may adversely affect public health or
the environment, and propose regulations specifying
acceptable management practices for sewage sludge containing
each such toxic pollutant and establishing numerical
limitations for each pollutant for each such use identified
under paragraph (1)(A).
(ii) Final regulations
Not later than June 15, 1988, the Administrator shall
promulgate the regulations required by subparagraph (B)(i).
(C) Review
From time to time, but not less often than every 2 years,
the Administrator shall review the regulations promulgated under
this paragraph for the purpose of identifying additional toxic
pollutants and promulgating regulations for such pollutants
consistent with the requirements of this paragraph.
(D) Minimum standards; compliance date
The management practices and numerical criteria established
under subparagraphs (A), (B), and (C) shall be adequate to
protect public health and the environment from any reasonably
anticipated adverse effects of each pollutant. Such regulations
shall require compliance as expeditiously as practicable but in
no case later than 12 months after their publication, unless
such regulations require the construction of new pollution
control facilities, in which case the regulations shall require
compliance as expeditiously as practicable but in no case later
than two years from the date of their publication.
(3) Alternative standards
For purposes of this subsection, if, in the judgment of the
Administrator, it is not feasible to prescribe or enforce a
numerical limitation for a pollutant identified under paragraph (2),
the Administrator may instead promulgate a design, equipment,
management practice, or operational standard, or combination
thereof, which in the Administrator's judgment is adequate to
protect public health and the environment from any reasonably
anticipated adverse effects of such pollutant. In the event the
Administrator promulgates a design or equipment standard under this
subsection, the Administrator shall include as part of such standard
such requirements as will assure the proper operation and
maintenance of any such element of design or equipment.
(4) Conditions on permits
Prior to the promulgation of the regulations required by
paragraph (2), the Administrator shall impose conditions in permits
issued to publicly owned treatment works under section 1342 of this
title or take such other measures as the Administrator deems
appropriate to protect public health and the environment from any
adverse effects which may occur from toxic pollutants in sewage
sludge.
(5) Limitation on statutory construction
Nothing in this section is intended to waive more stringent
requirements established by this chapter or any other law.
(e) Manner of sludge disposal
The determination of the manner of disposal or use of sludge is a
local determination, except that it shall be unlawful for any person to
dispose of sludge from a publicly owned treatment works or any other
treatment works treating domestic sewage for any use for which
regulations have been established pursuant to subsection (d) of this
section, except in accordance with such regulations.
(f) Implementation of regulations
(1) Through section 1342 permits
Any permit issued under section 1342 of this title to a publicly
owned treatment works or any other treatment works treating domestic
sewage shall include requirements for the use and disposal of sludge
that implement the regulations established pursuant to subsection
(d) of this section, unless such requirements have been included in
a permit issued under the appropriate provisions of subtitle C of
the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], part C of the
Safe Drinking Water Act [42 U.S.C. 300h et seq.], the Marine
Protection, Research, and Sanctuaries Act of 1972 [16 U.S.C. 1431 et
seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], or the
Clean Air Act [42 U.S.C. 7401 et seq.], or under State permit
programs approved by the Administrator, where the Administrator
determines that such programs assure compliance with any applicable
requirements of this section. Not later than December 15, 1986, the
Administrator shall promulgate procedures for approval of State
programs pursuant to this paragraph.
(2) Through other permits
In the case of a treatment works described in paragraph (1) that
is not subject to section 1342 of this title and to which none of
the other above listed permit programs nor approved State permit
authority apply, the Administrator may issue a permit to such
treatment works solely to impose requirements for the use and
disposal of sludge that implement the regulations established
pursuant to subsection (d) of this section. The Administrator shall
include in the permit appropriate requirements to assure compliance
with the regulations established pursuant to subsection (d) of this
section. The Administrator shall establish procedures for issuing
permits pursuant to this paragraph.
(g) Studies and projects
(1) Grant program; information gathering
The Administrator is authorized to conduct or initiate
scientific studies, demonstration projects, and public information
and education projects which are designed to promote the safe and
beneficial management or use of sewage sludge for such purposes as
aiding the restoration of abandoned mine sites, conditioning soil
for parks and recreation areas, agricultural and horticultural uses,
and other beneficial purposes. For the purposes of carrying out this
subsection, the Administrator may make grants to State water
pollution control agencies, other public or nonprofit agencies,
institutions, organizations, and individuals. In cooperation with
other Federal departments and agencies, other public and private
agencies, institutions, and organizations, the Administrator is
authorized to collect and disseminate information pertaining to the
safe and beneficial use of sewage sludge.
(2) Authorization of appropriations
For the purposes of carrying out the scientific studies,
demonstration projects, and public information and education
projects authorized in this section, there is authorized to be
appropriated for fiscal years beginning after September 30, 1986,
not to exceed $5,000,000.
(June 30, 1948, ch. 758, title IV, Sec. 405, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L. 95-217,
Secs. 54(d), 68, Dec. 27, 1977, 91 Stat. 1591, 1606; Pub. L. 100-4,
title IV, Sec. 406(a)-(c), (f), Feb. 4, 1987, 101 Stat. 71, 72, 74.)
References in Text
The Solid Waste Disposal Act, referred to in subsec. (f)(1), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.
Subtitle C of the Solid Waste Disposal Act is classified generally to
subchapter III (Sec. 6921 et seq.) of chapter 82 of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 6901 of Title 42 and Tables.
The Safe Drinking Water Act, referred to in subsec. (f)(1), is title
XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523,
Sec. 2(a), 88 Stat. 1660, as amended. Part C of the Act is classified
generally to part C (Sec. 300h et seq.) of subchapter XII of chapter 6A
of Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 201 of Title 42 and Tables.
The Marine Protection, Research, and Sanctuaries Act of 1972,
referred to in subsec. (f)(1), is Pub. L. 92-532, Oct. 23, 1972, 86
Stat. 1052, as amended, which is classified generally to chapters 32
(Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,
Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1401 of this title and
Tables.
The Clean Air Act, referred to in subsec. (f)(1), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally
to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 7401 of Title 42 and Tables.
Amendments
1987--Subsec. (d). Pub. L. 100-4, Sec. 406(a), designated existing
provision as par. (1), inserted heading, redesignated former pars. (1)
to (3) as subpars. (A) to (C), and added pars. (2) to (5).
Pub. L. 100-4, Sec. 406(f), inserted heading ``Regulations'' and
aligned par. (1) with par. (3) and subpars. (A) to (C) of par. (1) with
subpar. (C) of par. (2).
Subsec. (e). Pub. L. 100-4, Sec. 406(b), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ``The
determination of the manner of disposal or use of sludge is a local
determination except that it shall be unlawful for the owner or operator
of any publicly owned treatment works to dispose of sludge from such
works for any use for which guidelines have been established pursuant to
subsection (d) of this section, except in accordance with such
guidelines.''
Subsecs. (f), (g). Pub. L. 100-4, Sec. 406(c), added subsecs. (f)
and (g).
1977--Subsec. (a). Pub. L. 95-217, Sec. 68(a), substituted ``under
section 1342 of this title'' for ``under this section''.
Subsec. (b). Pub. L. 95-217, Secs. 54(d)(1), 68(b), (c), substituted
``sewage sludge subject to subsection (a) of this section and section
1342 of this title'' for ``sewage sludge subject to this section'' and
struck out ``, as the Administrator determines necessary to carry out
the objective of this chapter'' after ``permit issued under section 1342
of this title''.
Subsec. (c). Pub. L. 95-217, Secs. 54(d)(2), 68(d), substituted
``disposal of sewage sludge subject to subsection (a) of this section
within its jurisdiction may do so in accordance with section 1342 of
this title'' for ``disposal of sewage sludge within its jurisdiction may
do so if upon submission of such program the Administrator determines
such program is adequate to carry out the objective of this chapter''.
Subsecs. (d), (e). Pub. L. 95-217, Sec. 54(d)(3), added subsecs. (d)
and (e).
Removal Credits
Section 406(e) of Pub. L. 100-4 provided that: ``The part of the
decision of Natural Resources Defense Council, Inc. v. U.S.
Environmental Protection Agency, No. 84-3530 (3d. Cir. 1986), which
addresses section 405(d) of the Federal Water Pollution Control Act [33
U.S.C. 1345(d)] is stayed until August 31, 1987, with respect to--
``(1) those publicly owned treatment works the owner or operator
of which received authority to revise pretreatment requirements
under section 307(b)(1) of such Act [33 U.S.C. 1317(b)(1)] before
the date of the enactment of this section [Feb. 4, 1987], and
``(2) those publicly owned treatment works the owner or operator
of which has submitted an application for authority to revise
pretreatment requirements under such section 307(b)(1) which
application is pending on such date of enactment and is approved
before August 31, 1987.
The Administrator shall not authorize any other removal credits under
such Act [33 U.S.C. 1251 et seq.] until the Administrator issues the
regulations required by paragraph (2)(A)(ii) of section 405(d) of such
Act, as amended by subsection (a) of this section.''
Section Referred to in Other Sections
This section is referred to in sections 1317, 1318, 1319, 1365, 1369
of this title.
