Section 1 Short title
This Act may be cited as the “Clarifying Legal Exclusions Around Regulated Waters Act” or the “CLEAR Waters Act”.
Clarifying Legal Exclusions Around Regulated Waters Act
A BILL
To amend the Federal Water Pollution Control Act to provide exclusions from the term navigable waters, and for other purposes.
Sec. 2 Definition of navigable waters
Section 502(7) of the Federal Water Pollution Control Act (33 U.S.C. 1362(7)) is amended—
by striking “(7) The term” and inserting the following:
“(7) Navigable waters
“(A) In general—The term”
by adding at the end the following:
“(B) Exclusions—The term navigable waters does not include any of the following:
“(i) Any component of a waste treatment system, including any lagoon or treatment pond (such as a settling or cooling pond), designed to actively or passively—
“(I) convey or retain wastewater; or
“(II) concentrate, settle, reduce, or remove pollutants from wastewater.
“(ii) Ephemeral features that flow only in direct response to precipitation.
“(iii) Groundwater.
“(iv) Any other features determined to be excluded by the Administrator and the Secretary of the Army, acting through the Chief of Engineers.”