,i #aacth ,,congress #ast ,session ,h4 ,r4 #bjb ,,in ,,the ,,house ,,of ,,representatives ,january #d1 #bjac ,mr4 ,mc,clintock introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act to limit citizens suits against publicly owned treatment works1 to provide for defenses1 to extend the period of a permit1 to limit attorneys fees1 and for other purposes4 #a4 ,limitation on citizen suit provision ,section #eje of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfe7 is amended-- 7#a7 in subsection 7a7 by striking subsection 7b7 and inserting subsections 7b7 and 7i72 and 7#b7 by adding at the end the following3 7i7 ,limitation for ,,potw suits 7#a7 ,in general ,no action may be commenced under subsection 7a77#a7 by a citizen with respect to a publicly owned treatment works to enforce an effluent standard or limitation under this ,act or an order issued by the ,administrator or a ,state with respect to such a standard or limitation unless the publicly owned treatment works is in significant non-compliance1 as defined in the ,environmental ,protection ,agency's ,december #ab1 #aiif1 guidance document entitled ,a ,general ,design for ,,snc ,redefinition ,enhancement in ,,pcs4 7#b7 ,exception ,notwithstanding paragraph 7#a71 no action may be commenced under subsection 7a77#a7 with respect to a publicly owned treatment works that is in significant non-compliance based on a manual designation1 as defined in the ,environmental ,protection ,agency's ,december #ab1 #aiif1 guidance document entitled #8,a ,general ,design for ,,snc ,redefinition ,enhancement in ,,pcs'4 4 #b4 ,affirmative defenses ,section #cji of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acai7 is amended by adding at the end the following3 7h7 ,affirmative defenses 7#a7 ,in general ,there shall be no liability under this ,act for a person otherwise liable for the unlawful discharge of a pollutant from a publicly owned treatment works who can establish by a preponderance of the evidence that the immediate cause of the unlawful discharge and any damages was-- 7,a7 an act of ,god2 7,b7 an act of war2 7,c7 an act or omission of a third party other than an employee or agent of the defendant1 or than one whose act or omission occurs in connection with a contractual relationship1 existing directly or indirectly1 with the defendant1 if the defendant establishes by a preponderance of the evidence that-- 7i7 he exercised due care in light of all relevant facts and circumstances2 and 7ii7 he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions2 or 7,d7 any combination of the foregoing subparagraphs4 7#b7 ,additional defenses ,all general defenses1 affirmative defenses1 and bars to prosecution that may apply with respect to other ,federal criminal offenses may apply under this ,act and shall be determined by the courts of the ,united ,states according to the principles of common law as they may be interpreted in the light of reason and experience4 ,concepts of justification and excuse applicable under this section may be developed in the light of reason and experience4 4 #c4 ,waiting period ,in implementing the ,federal ,water ,pollution ,control ,act1 the ,administrator of the ,environmental ,protection ,agency or a ,state1 as the case may be1 shall provide a #fj-;day waiting period between the notice of a violation of the ,act by a publicly owned treatment works and the issuance of a civil penalty4 ,if within such #fj-;day period the publicly owned treatment works submits a viable plan for correcting the non-compliance that is the subject of the notice and thereafter diligently implements such plan1 the ,administrator shall not assess a civil penalty for the notice of violation4 #d4 ,permit length 7a7 ,in general ,notwithstanding any other law1 any permit issued to the owner or operator of a publicly owned treatment works by the ,administrator of the ,environmental ,protection ,agency or a ,state1 as the case may be1 to discharge a pollutant under the ,federal ,water ,pollution ,control ,act shall have a #ae-year term4 7b7 ,conforming amendment ,section #djb7;b77#a77;,b7 of the ,federal ,water ,pollution ,control ,act is amended by striking five years and inserting #e years1 or1 in the case of a publicly owned treatment works1 #ae years4 #e4 ,attorney's fees ,section #eje7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfe7;d77 is amended by inserting after the first sentence the following3 ,with respect to an action involving a publicly owned treatment works1 the court1 in determining whether the costs of litigation 7including attorney and expert witness fees7 are reasonable1 shall consider the prevailing rate of such fees in the community where the publicly owned treatment works is located44 #f4 ,cost benefit analysis ,notwithstanding any other law1 any new or increased treatment requirement associated with a permit issued to the owner or operator of a publicly owned treatment works by the ,administrator of the ,environmental ,protection ,agency or a ,state1 as the case may be1 to discharge a pollutant under the ,federal ,water ,pollution ,control ,act shall be subject to a cost-benefit analysis performed by the ,administrator or the ,state to ensure that the costs imposed on such owner or operator to comply with such new or increased requirement are outweighed by the benefit to the public of the new or increased requirement4