S2421-119

1. Short title This Act may be cited as the Clarifying Legal Exclusions Around Regulated Waters Act or the CLEAR Waters Act.

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: The term by adding at the end the following: The term navigable waters does not include any of the following: 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— convey or retain wastewater; or concentrate, settle, reduce, or remove pollutants from wastewater. Ephemeral features that flow only in direct response to precipitation. Groundwater. Any other features determined to be excluded by the Administrator and the Secretary of the Army, acting through the Chief of Engineers. (7) Navigable waters (A) In general The term ; and (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. .