U.S. Code » Title 33 » Chapter CHAPTER 26— WATER POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER III— STANDARDS AND ENFORCEMENT

33 U.S.C. § 1315

State reports on water quality

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(a) Omitted.(b)(1) Each State shall prepare and submit to the Administrator by April 1, 1975, and shall bring up to date by April 1, 1976, and biennially thereafter, a report which shall include—(A) a description of the water quality of all navigable waters in such State during the preceding year, with appropriate supplemental descriptions as shall be required to take into account seasonal, tidal, and other variations, correlated with the quality of water required by the objective of this chapter (as identified by the Administrator pursuant to criteria published under section 1314(a) of this title) and the water quality described in subparagraph (B) of this paragraph;(B) an analysis of the extent to which all navigable waters of such State provide for the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities in and on the water;(C) an analysis of the extent to which the elimination of the discharge of pollutants and a level of water quality which provides for the protection and propagation of a balanced population of shellfish, fish, and wildlife and allows recreational activities in and on the water, have been or will be achieved by the requirements of this chapter, together with recommendations as to additional action necessary to achieve such objectives and for what waters such additional action is necessary;(D) an estimate of (i) the environmental impact, (ii) the economic and social costs necessary to achieve the objective of this chapter in such State, (iii) the economic and social benefits of such achievement, and (iv) an estimate of the date of such achievement; and(E) a description of the nature and extent of nonpoint sources of pollutants, and recommendations as to the programs which must be undertaken to control each category of such sources, including an estimate of the costs of implementing such programs.(2) The Administrator shall transmit such State reports, together with an analysis thereof, to Congress on or before October 1, 1975, and October 1, 1976, and biennially thereafter.(June 30, 1948, ch. 758, title III, § 305, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 853; amended Pub. L. 95–217, § 52, Dec. 27, 1977, 91 Stat. 1589.)Editorial NotesCodification

Subsec. (a) authorized the Administrator, in cooperation with the States and Federal agencies, to prepare a report describing the specific quality, during 1973, of all navigable waters and waters of the contiguous zone, including an inventory of all point sources of discharge of pollutants into these waters, and identifying those navigable waters capable of supporting fish and wildlife populations and allowing recreational activities, those which could reasonably be expected to attain this level by 1977 or 1983, and those which could attain this level sooner, and submit this report to Congress on or before Jan. 1, 1974.

Amendments

1977—Subsec. (b)(1). Pub. L. 95–217, § 52(1), substituted “April 1, 1975, and shall bring up to date by April 1, 1976, and biennially thereafter” for “January 1, 1975, and shall bring up to date each year thereafter” in provisions preceding subpar. (A).

Subsec. (b)(2). Pub. L. 95–217, § 52(2), substituted “on or before October 1, 1975, and October 1, 1976, and biennially thereafter” for “on or before October 1, 1975, and annually thereafter”.

Notes of Decisions
Cited in 10 cases, 1990–2015 · leading case: Kentucky Waterways All. v. Johnson, 540 F.3d 466 (6th Cir. 2008).
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Kentucky Waterways All. v. Johnson, 540 F.3d 466 (6th Cir. 2008). · cites it 7× “Finally, impaired water, which consists of those water bodies for which one or more designated uses are listed as impaired by Kentucky in its biennial report required under 33 U.S.C. § 1315 , is afforded Tier I protection.”
Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013). “33 U.S.C. § 1315 . The federal act further requires states to update water-quality standards every three years.”
Nat. Resources Def. Council v. United States Env't Prot. Agency, 915 F.2d 1314 (9th Cir. 1990). “, CWA § 305, 33 U.S.C. § 1315 ; CWA § 303(d), 33 U.S.C.”
Thomas v. Jackson, 581 F.3d 658 (8th Cir. 2009). “33 U.S.C. § 1315 (b). The EPA compiles, analyzes, and transmits these § 305(b) reports to Congress.”
El Dorado Chem. Co. v. United States Env't Prot. Agency, 763 F.3d 950 (8th Cir. 2014). “, 33 U.S.C. § 1315 (b)(1)(B) (“Each State shall prepare and submit to the [EPA] .”
Sierra Club v. United States Env't Prot. Agency, 162 F. Supp. 2d 406 (D. Maryland 2001). “Section 305(b) Report 33 U.S.C. § 1315 (b) requires that, on a biennial basis, each state prepare and sub *414 mit a water quality assessment report, referred to as a 305(b) Report, to the EPA.”
Oklahoma v. Env't Prot. Agency, 908 F.2d 595 (10th Cir. 1990). “Section 305(b) of the Clean Water Act, 33 U.S.C. § 1315 (b), requires the states to submit to Congress biennial reports on the condition and quality of their surface waters.”
KY Waterways v. Johnson (6th Cir. 2008). · cites it 4× “Finally, impaired water, which consists of those water bodies for which one or more designated uses are listed as impaired by Kentucky in its biennial report required under 33 U.S.C. § 1315 , is afforded Tier I protection.”
James G. Thomas v. Stephen L. Johnson (8th Cir. 2009). “33 U.S.C. § 1315 (b). The EPA compiles, analyzes, and transmits these § 305(b) reports to Congress.”
Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co. (Tex. App. 2015). “I Waste water discharges are generally regulated and permitted through the federal Clean Water Act and the delegation of the federal National Pollutant Discharge Elimination System (“NPDES”) Program to the State of Texas.”
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