In any judicial proceeding brought under subsection (b) of this section in which review is sought of a determination under this chapter required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.
33 U.S.C. § 1369
June 30, 1948, ch. 758, title V, §509, as added Pub. L. 92-500, §2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 93-207, §1(6), Dec. 28, 1973, 87 Stat. 906; Pub. L. 100-4, title III, §308(b), title IV, §406(d)(3), title V, §505(a), (b), Feb. 4, 1987, 101 Stat. 39, 73, 75; Pub. L. 100-236, §2, Jan. 8, 1988, 101 Stat. 1732; Pub. L. 115-282, title IX, §903(c)(4), Dec. 4, 2018, 132 Stat. 4356.
AMENDMENTS 2018-Subsec. (b)(4). Pub. L. 115-282 added par. (4). 1988-Subsec. (b)(3), (4). Pub. L. 100-236 redesignated par. (4) as (3) and struck out former par. (3) relating to venue, which provided for selection procedure in subpar. (A), administrative provisions in subpar. (B), and transfers in subpar. (C). 1987-Subsec. (b)(1). Pub. L. 100-4, §§308(b), 406(d)(3), 505(a), substituted "transacts business which is directly affected by such action" for "transacts such business", "120" for "ninety", and "120th" for "ninetieth", substituted "1316, or 1345 of this title" for "or 1316 of this title" in cl. (E), and added cl. (G).Subsec. (b)(3), (4). Pub. L. 100-4, §505(b), added pars. (3) and (4). 1973-Subsec. (b)(1)(C). Pub. L. 93-207 substituted "pretreatment" for "treatment".
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-236 effective 180 days after Jan. 8, 1988, see section 3 of Pub. L. 100-236, set out as a note under sectionof Title 28, Judiciary and Judicial Procedure.
- The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
- effluent limitation
- The term "effluent limitation" means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance.
- The term "person" means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.