II
Calendar No. 570
114th CONGRESS
2d Session
H. R. 897
IN THE SENATE OF THE UNITED STATES
May 25, 2016
Received
July 14, 2016
Read twice and placed on the calendar
AN ACT
To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes.
Short title
This Act may be cited as the Zika Vector Control Act
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Use of authorized pesticides
Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
Use of authorized pesticides
In general
Except as provided in section 402(s) of the Federal Water Pollution Control Act, the Administrator or a State may not require a permit under such Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of such a pesticide, resulting from the application of such pesticide.
Sunset
This paragraph shall cease to be effective on September 30, 2018.
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Discharges of pesticides
Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:
Discharges of pesticides
No permit requirement
Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide.
Exceptions
Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:
A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if—
the discharge would not have occurred but for the violation; or
the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.
Stormwater discharges subject to regulation under subsection (p).
The following discharges subject to regulation under this section:
Manufacturing or industrial effluent.
Treatment works effluent.
Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.
Sunset
This subsection shall cease to be effective on September 30, 2018.
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Passed the House of Representatives May 24, 2016.
Karen L. Haas,
Clerk
July 14, 2016
Read twice and placed on the calendar