33 U.S.C. § 1252

Comprehensive programs for water pollution control

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(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, § 102, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 817; amended Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 95–217, § 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104–66, title II, § 2021(a), Dec. 21, 1995, 109 Stat. 726.)Editorial NotesAmendments

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).

Statutory Notes and Related SubsidiariesTransfer of Functions

“Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in subsec. (b)(6) on authority of Pub. L. 95–91, title IV, § 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 DocumentsExecutive 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.

Notes of Decisions

Cited in 32 cases (3 in the last 5 years), 1974–2024 · leading case: Solid Waste Agency of N. Cook Cnty. v. United States Army Corps of Engineers, 531 U.S. 159 (2001).

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Solid Waste Agency of N. Cook Cnty. v. United States Army Corps of Engineers, 531 U.S. 159 (2001). · cites it 2× “" 33 U. S. C. § 1252 . The CWA commands federal agencies to give "due regard," not to the interest of unobstructed navigation, but rather to "improvements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life and wildlife [and]…”

Cnty. of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). · cites it 2× “See 33 U. S. C. §§1252 (a), 1254(a)(5), 1282(b)(2), 1288, 1314(a), 1329; ante, at 6–7.”

Save Our Invaluable Land (Soil), Inc. v. Colonel William R. Needham, & City of Olathe, Kansas, Intervenor-Appellees, 542 F.2d 539 (10th Cir. 1976). · cites it 5× “That section, which appears as 33 U.S.C. § 1252 (b)(3), reads as follows: (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…”

Ford Motor Co. v. United States Env't Prot. Agency, & State of Michigan, Intervenor, 567 F.2d 661 (6th Cir. 1977). · cites it 4× “Nonetheless, this memorandum stated that the EPA policy clearly discouraged the use of flow augmentation or dilution “as an alternative to treatment for meeting water quality standards,” developing its reasoning from analogies on the statutory requirements under § 102(b)(1) of…”

Chevron U.S.A. Inc. v. Apex Oil Co., 113 F. Supp. 3d 807 (D. Maryland 2015). “, 33 U.S.C. § 1252 (a); id. § 1254(a)(5); id.”

Upper Blackstone Water Pollution Abatement Dist. v. United States Env't Prot. Agency, 690 F.3d 9 (1st Cir. 2012). “Thus, a critical component of both states’ rehabilitation plans has been to impose tighter limits, under the Clean Water Act (CWA or the “Act”), on the amounts of nitrogen and phosphorus that sewage treatment facilities may discharge into the rivers and the Bay. The CWA was…”

Appalachian Power Co. v. Russell E. Train, as Adm'r Env't Prot. Agency, Alabama Power Co., Intervenors, 545 F.2d 1351 (4th Cir. 1976). “33 U.S.C. § 1252 . . 33 U.S.C. § 1254 (t).”

United States v. James Lucero, 989 F.3d 1088 (9th Cir. 2021). “” See 33 U.S.C. § 1252 (c)(2)(B) (referring to the “collection, storage, treatment, and elimination of pollutants”); 33 U.”

Hayes Oyster Co. v. DEQ, 504 P.3d 15 (Or. Ct. App. 2021). “33 USC § 1252 ; see also OAR 340- 042-0025 (policy and purposes of TMDLs).”

United States v. B.P. Expl. & Prod., Inc., 753 F.3d 570 (5th Cir. 2014). “See 33 U.S.C. §§ 1252 , 1311-1313, 1316-17, 1319, 1329, 1342.”

K.W. Thompson Tool Co., Inc. v. United States, 836 F.2d 721 (1st Cir. 1988). “33 U.S.C. § 1252 (a). The provisions for standards and enforcement are found in 33 U.”

Conservation Council of North Carolina v. Froehlke, 435 F. Supp. 775 (M.D.N.C. 1977). · cites it 2× “In support of this position, the plaintiffs call the Court’s attention to the language present in the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1252 (b), which seemingly requires such authorization prior to the consideration of low flow augmentation as a benefit…”

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— 33 U.S.C. § 1252(a) — 2 cases

Comm. for Consid. of Jones Falls Sew. Sys. v. Train, 387 F. Supp. 526 (D. Maryland 1975).

Comm. for the Consideration of the Jones Falls Sewage Sys. v. Train, 387 F. Supp. 526 (D. Maryland 1975).

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