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H.R.2138 / 105th Congress

Municipal Biological Monitoring Use Act

Referred to the Subcommittee on Water Resources and Environment.

Official summary

Version 00 · Introduced in House · Jul 10, 1997

Municipal Biological Monitoring Use Act - Amends the Federal Water Pollution Control Act relating to a State's adoption of water quality standards to provide that, with respect to publicly owned treatment works, municipal separate storm sewer systems, and municipal combined sewer overflows (public sewer facilities), nothing in such Act shall be construed to authorize the use of water quality standards or permit effluent limitations which result in a finding of a violation upon failure of whole effluent toxicity or biological monitoring tests. Requires criteria for such testing to employ an aquatic species that is indigenous to the type of waters, a species that is representative of such species, or other appropriate species to indicate the toxicity of the effluent in the specific receiving waters, taking into account the natural biological variability of the species. States that where the permitting authority determines that the discharge from a public sewer facility has reasonable potential to cause or contribute to an in-stream excursion above the criterion for whole effluent toxicity, the permit may contain terms, conditions and limitations requiring further toxicity analysis and evaluation. Directs the Administrator of the Environmental Protection Agency to follow the above criteria when the Administrator determines that it is necessary to include biological monitoring, whole effluent toxicity testing, or assessment methods as a permit term, condition or limitation issued to a public sewer facility. States that the failure of a biological monitoring or whole effluent toxicity test at a public sewer facility shall not result in a finding of a violation under the Federal Water Pollution Control Act.

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Who introduced it

Rep. Hefley, Joel [R-CO-5] · R–CO

Committees

  • Transportation and Infrastructure Committee
2 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Water Resources and Environment.

  2. Referred to the House Committee on Transportation and Infrastructure.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

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Source last updated: Aug 21, 2025. Consult Congress.gov for the current record.

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Objective

Analyze H.R.2138 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

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