Moratorium on Enforcement of Provision of Federal Water Pollution Control Act

GAO reviewed the moratorium on enforcement of a provision of the Water Pollution Control Act which requires a grantee to recover the federal share of industry-related costs of a publicly owned treatment works from its industrial users. A question was raised as to whether any formal or informal administrative extension of the moratorium is lawful. Also, whether there is any grantee or industriial user liability if the Environmental Protection Agency (EPA) administratively extended the moratorium deadline beyond June 30, 1980, in the absence of legal authority to do so. GAO believes that there is no authority for administrative extension by EPA of the statutory moratorium which expired June 30, 1980. Accordingly, payment as late as June 30, 1981, of the first installment of accrued charges during the moratorium and of current industrial user charges for the period July 1, 1980 through June 30, 1981, is proper under present statutory and regulatory provisions. Approval by EPA of collection of charges by this date does not constitute an extension by the agency of the expired statutory moratorium but, rather, is consistent with recognition of its termination.