Page:United States Statutes at Large Volume 102 Part 5.djvu/139

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-688—NOV. 18, 1988

102 STAT. 4145

"(ii) improvements in pretreatment, treatment, and storage techniques for sewage sludge and industrial waste to facilitate the implementation of such alternative system or interim measures. "(C) Upon a finding by the Administrator that a person did not pay fees or penalties into an account as required by this section, or did not use amounts in the account in accordance with this subsection, the balance of the amounts in the account shall be paid to the State in which the person is located, for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act, as provided in subsection (f)(2). "(3) USE OP UNEXPENDED AMOUNTS.—Upon a determination by

the Administrator that a person has terminated ocean dumping of sewage sludge or industrial waste, the balance of amounts in an account established by the person under this subsection shall be paid to the person for use— "(A) for debts incurred by the person in complying with this Act or the Federal Water Pollution Control Act; "(B) in meeting the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) which apply to the person, including operations and maintenance; and "(C) for matching Federal grants. "(4) U S E FOR MATCHING FEDERAL GRANTS.—Amounts in a trust account under this subsection may be used for matching Federal grants. "(f) U S E OF FEES AND PENALTIES.— "(1) AGENCY ACTIVITIES.—Of

the total amount of fees and penalties paid to the Administrator in a fiscal year pursuant to subsections Q)X2XB) and (d)(2)(B), respectively— "(A) not to exceed one-third of such total amount shall be used by the Administrator for— "(i) costs incurred or expected to be incurred in undertaking activities directly associated with the issuance under this Act of permits for the transportation or dumping of sewage sludge and industrial waste, including the costs of any environmental assessment of the direct effects of dumping under the permits; "(ii) preparation of reports under subsection (i); and "(iii) such other research, studies, and projects the Administrator considers necessary for, and consistent with, the development and implementation of alternative systems for the management of sewage sludge and industrial waste; "(B) not to exceed one-third of such total amount shall be Uniformed transferred to the Secretary of the department in which the services. Coast Guard is operating for use for— "(i) Coast Guard surveillance of transportation and dumping of sewage sludge and industrial waste subject to this Act; and "(ii) such enforcement activities conducted by the Coast Guard with respect to such transportation and dumping as may be necessary to ensure to the maximum extent practicable complete compliance with the requirements of this Act; and