33 U.S.C. § 1346: Coastal recreation water quality monitoring and notification

monitoring and assessment (including specifying available methods for monitoring) of coastal recreation waters adjacent to beaches or similar points of access that are used by the public for attainment of applicable water quality standards for pathogens and pathogen indicators; and the prompt notification of the public, local governments, and the Administrator of any exceeding of or likelihood of exceeding applicable water quality standards for coastal recreation waters described in subparagraph (A). The performance criteria referred to in paragraph (1) shall provide that the activities described in subparagraphs (A) and (B) of that paragraph shall be carried out as necessary for the protection of public health and safety. The Administrator may make grants to States and local governments to develop and implement programs for monitoring and notification for coastal recreation waters adjacent to beaches or similar points of access that are used by the public. the program is consistent with the performance criteria published by the Administrator under subsection (a); the State or local government prioritizes the use of grant funds for particular coastal recreation waters based on the use of the water and the risk to human health presented by pathogens or pathogen indicators; the State or local government makes available to the Administrator the factors used to prioritize the use of funds under clause (ii); the State or local government provides a list of discrete areas of coastal recreation waters that are subject to the program for monitoring and notification for which the grant is provided that specifies any coastal recreation waters for which fiscal constraints will prevent consistency with the performance criteria under subsection (a); and the public is provided an opportunity to review the program through a process that provides for public notice and an opportunity for comment. The Administrator may make a grant to a local government under this subsection for implementation of a monitoring and notification program only if, after the 1-year period beginning on the date of publication of performance criteria under subsection (a)(1), the Administrator determines that the State is not implementing a program that meets the requirements of this subsection, regardless of whether the State has received a grant under this subsection. data collected as part of the program for monitoring and notification as described in subsection (c); and actions taken to notify the public when water quality standards are exceeded. A State recipient of a grant under this subsection shall identify each local government to which the State has delegated or intends to delegate responsibility for implementing a monitoring and notification program consistent with the performance criteria published under subsection (a) (including any coastal recreation waters for which the authority to implement a monitoring and notification program would be subject to the delegation). The Administrator, through grants awarded under this section, may pay up to 100 percent of the costs of developing and implementing a program for monitoring and notification under this subsection. in an amount not to exceed 50 percent, as determined by the Administrator in consultation with State, tribal, and local government representatives; and provided in cash or in kind. lists of coastal recreation waters in the State, including coastal recreation waters adjacent to beaches or similar points of access that are used by the public; in the case of a State program for monitoring and notification, the process by which the State may delegate to local governments responsibility for implementing the monitoring and notification program; the periods of recreational use of the waters; the nature and extent of use during certain periods; the proximity of the waters to known point sources and nonpoint sources of pollution; and any effect of storm events on the waters; the methods to be used for detecting levels of pathogens and pathogen indicators that are harmful to human health; and the assessment procedures for identifying short-term increases in pathogens and pathogen indicators that are harmful to human health in coastal recreation waters (including increases in relation to storm events); the Administrator, in such form as the Administrator determines to be appropriate; and a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which the failure to meet applicable standards is identified; measures for the posting of signs at beaches or similar points of access, or functionally equivalent communication measures that are sufficient to give notice to the public that the coastal recreation waters are not meeting or are not expected to meet applicable water quality standards for pathogens and pathogen indicators; and measures that inform the public of the potential risks associated with water contact activities in the coastal recreation waters that do not meet applicable water quality standards. protects the public health and safety; is consistent with the performance criteria published under subsection (a); includes a completed report on the information specified in subsection (b)(3)(A), to be submitted to the Administrator; and addresses the matters specified in subsection (c). the data reported to the Administrator under subsections (b)(3)(A)(i) and (d)(3); and is made available to the Administrator by a State or local government, from a coastal water quality monitoring program of the State or local government; and the Administrator determines should be included. The Administrator shall provide technical assistance to States and local governments for the development of assessment and monitoring procedures for floatable material to protect public health and safety in coastal recreation waters. specifies any waters described in this paragraph that are subject to a monitoring and notification program consistent with the performance criteria established under subsection (a); and specifies any waters described in this paragraph for which there is no monitoring and notification program (including waters for which fiscal constraints will prevent the State or the Administrator from performing monitoring and notification consistent with the performance criteria established under subsection (a)). publication in the Federal Register; and electronic media. The Administrator shall update the list described in paragraph (1) periodically as new information becomes available. to conduct monitoring and notification; and for related salaries, expenses, and travel. There is authorized to be appropriated for making grants under subsection (b), including implementation of monitoring and notification programs by the Administrator under subsection (h), $30,000,000 for each of fiscal years 2001 through 2005.