Page:United States Statutes at Large Volume 75.djvu/248

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[75 Stat. 208]
[75 Stat. 208]
PUBLIC LAW 87-000—MMMM. DD, 1961

208

PUBLIC LAW 87-88-JULY 20, 1961

[75

ST A T.

"ENFORCEMENT MEASURES AGAINST POLLUTION OP INTERSTATE' OR NAVIGABLE WATERS

Notification of pollution.

C o n f e r ence of State and interstate agencies.

Remedial action.

Public hearing.

"SEC. 8. (a) The pollution of interstate or navigable waters in or adjacent to any State or States (whether the mptter causing or contributing to such pollution is discharged directly into such waters or reaches such waters after discharge into a tributary of such waters), which endangers the health or welfare of any persons, shall be subject to abatement as provided in this Act." (b) Subsection (b) of such section 8 is amended by striking out "interstate waters" and inserting in lieu thereof "interstate or navigable waters". (c) Paragraph (1) of subsection (c) of such section 8 is amended to read as follows: " (c)(1) Whenever requested by the Governor of any State or a State water pollution control agency, or (with the concurrence of the Governor and of the State water pollution control agency for the State in which the municipality is situated) the governing body of any municipality, the Secretary shall, if such request refers to pollution of waters which is endangering the health or welfare of persons in a State other than that in which the discharge or discharges (causing or contributing to such pollution) originates, give formal notification thereof to the water pollution control agency and interstate agency, if any, of the State or States where such discharge or discharges originate and shall call promptly a conference of such agency or agencies and of the State water pollution control agency and interstate agency, if any, of the State or States, if any, which may be adversely affected by such pollution. Whenever requested by the Governor of any State, the Secretary shall, if such request refers to pollution of interstate or navigable waters which is endangering the health or welfare of persons only in the requesting State in which the discharge or discharges (causing or contributing to such pollution) originate, give formal notification thereof to the water pollution control agency and interstate agency, if any, of such State and shall promptly call a conference ot such agency or agencies, unless, in the judgment of the Secretary, the effect of such pollution on the legitimate uses of the waters is not of sufficient significance to warrant exercise of Federal jurisdiction under this section. The Secretary shall also call such a conference whenever, on the basis of reports, surveys, or studies, he has reason to believe that any pollution referred to in subsection (a) and endangering the health or welfare of persons in a State other than that in which the discharge or discharges originate is occurring." (d) Paragraph (3)(A) of subsection (c) of such section 8 is amended by striking out "interstate" and inserting in lieu thereof "interstate or navigable". (e) Subsections (d), (e), and (f) of such section 8 are amended to read as follows: " (d) If the Secretary believes^ upon the conclusion of the conference or thereafter, that effective progress toward abatement of such pollution is not being made and that the health or welfare of any persons is being endangered, he shall recommend to the appropriate State water pollution control agency that it take necessary remedial action. The Secretary shall allow at least six months from the date he makes such recommendations for the taking of such recommended action. "(e) If, at the conclusion of the period so allowed, such remedial action has not been taken or action which in the judgment of the Secretary is reasonably calculated to secure abatement of such pollution has not been taken, the Secretary shall call a public hearing,