HR 2452 EHRFSCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to ensure that publicly owned treatment works monitor for and report sewer overflows, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Sewage Overflow Community Right-to-Know Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(25) SANITARY SEWER OVERFLOW- The term ‘sanitary sewer overflow’ means an overflow, spill, release, or diversion of wastewater from a sanitary sewer system. Such term does not include municipal combined sewer overflows or other discharges from a municipal combined storm and sanitary sewer system and does not include wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned. Such term includes overflows or releases of wastewater that reach waters of the United States, overflows or releases of wastewater in the United States that do not reach waters of the United States, and wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral.CommentsClose CommentsPermalink





‘(26) TREATMENT WORKS- The term ‘treatment works’ has the meaning given that term in section 212.’.CommentsClose CommentsPermalink

SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER OVERFLOWS.

Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(r) Sewer Overflow Monitoring, Reporting, and Notifications-CommentsClose CommentsPermalink





‘(1) GENERAL REQUIREMENTS- After the last day of the 180-day period beginning on the date on which regulations are issued under paragraph (4), a permit issued, renewed, or modified under this section by the Administrator or the State, as the case may be, for a publicly owned treatment works shall require, at a minimum, beginning on the date of the issuance, modification, or renewal, that the owner or operator of the treatment works--CommentsClose CommentsPermalink





‘(A) institute and utilize a feasible methodology, technology, or management program for monitoring sewer overflows to alert the owner or operator to the occurrence of a sewer overflow in a timely manner;CommentsClose CommentsPermalink





‘(B) in the case of a sewer overflow that has the potential to affect human health, notify the public of the overflow as soon as practicable but not later than 24 hours after the time the owner or operator knows of the overflow;CommentsClose CommentsPermalink





‘(C) in the case of a sewer overflow that may imminently and substantially endanger human health, notify public health authorities and other affected entities, such as public water systems, of the overflow immediately after the owner or operator knows of the overflow;CommentsClose CommentsPermalink





‘(D) report each sewer overflow on its discharge monitoring report to the Administrator or the State, as the case may be, by describing--CommentsClose CommentsPermalink





‘(i) the magnitude, duration, and suspected cause of the overflow;CommentsClose CommentsPermalink





‘(ii) the steps taken or planned to reduce, eliminate, or prevent recurrence of the overflow; andCommentsClose CommentsPermalink





‘(iii) the steps taken or planned to mitigate the impact of the overflow; andCommentsClose CommentsPermalink





‘(E) annually report to the Administrator or the State, as the case may be, the total number of sewer overflows in a calendar year, including--CommentsClose CommentsPermalink





‘(i) the details of how much wastewater was released per incident;CommentsClose CommentsPermalink





‘(ii) the duration of each sewer overflow;CommentsClose CommentsPermalink





‘(iii) the location of the overflow and any potentially affected receiving waters;CommentsClose CommentsPermalink





‘(iv) the responses taken to clean up the overflow; andCommentsClose CommentsPermalink





‘(v) the actions taken to mitigate impacts and avoid further sewer overflows at the site.CommentsClose CommentsPermalink





‘(2) EXCEPTIONS-CommentsClose CommentsPermalink





‘(A) NOTIFICATION REQUIREMENTS- The notification requirements of paragraphs (1)(B) and (1)(C) shall not apply a sewer overflow that is a wastewater backup into a single-family residence.CommentsClose CommentsPermalink





‘(B) REPORTING REQUIREMENTS- The reporting requirements of paragraphs (1)(D) and (1)(E) shall not apply to a sewer overflow that is a release of wastewater that occurs in the course of maintenance of the treatment works, is managed consistently with the treatment works’ best management practices, and is intended to prevent sewer overflows.CommentsClose CommentsPermalink





‘(3) REPORT TO EPA- Each State shall provide to the Administrator annually a summary of sewer overflows that occurred in the State.CommentsClose CommentsPermalink





‘(4) RULEMAKING BY EPA- Not later than one year after the date of enactment of this subsection, the Administrator, after providing notice and an opportunity for public comment, shall issue regulations to implement this subsection, including regulations to--CommentsClose CommentsPermalink





‘(A) establish a set of criteria to guide the owner or operator of a publicly owned treatment works in--CommentsClose CommentsPermalink





‘(i) assessing whether a sewer overflow has the potential to affect human health or may imminently and substantially endanger human health; andCommentsClose CommentsPermalink





‘(ii) developing communication measures that are sufficient to give notice under paragraphs (1)(B) and (1)(C); andCommentsClose CommentsPermalink





‘(B) define the terms ‘feasible’ and ‘timely’ as such terms apply to paragraph (1)(A), including site specific conditions.CommentsClose CommentsPermalink





‘(5) APPROVAL OF STATE NOTIFICATION PROGRAMS-CommentsClose CommentsPermalink





‘(A) REQUESTS FOR APPROVAL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- After the date of issuance of regulations under paragraph (4), a State may submit to the Administrator evidence that the State has in place a legally enforceable notification program that is substantially equivalent to the requirements of paragraphs (1)(B) and (1)(C).CommentsClose CommentsPermalink





‘(ii) PROGRAM REVIEW AND AUTHORIZATION- If the evidence submitted by a State under clause (i) shows the notification program of the State to be substantially equivalent to the requirements of paragraphs (1)(B) and (1)(C), the Administrator shall authorize the State to carry out such program instead of the requirements of paragraphs (1)(B) and (1)(C).CommentsClose CommentsPermalink





‘(iii) FACTORS FOR DETERMINING SUBSTANTIAL EQUIVALENCY- In carrying out a review of a State notification program under clause (ii), the Administrator shall take into account the scope of sewer overflows for which notification is required, the length of time during which notification must be made, the scope of persons who must be notified of sewer overflows, the scope of enforcement activities ensuring that notifications of sewer overflows are made, and such other factors as the Administrator considers appropriate.CommentsClose CommentsPermalink





‘(B) REVIEW PERIOD- If a State submits evidence with respect to a notification program under subparagraph (A)(i) on or before the last day of the 30-day period beginning on the date of issuance of regulations under paragraph (4), the requirements of paragraphs (1)(B) and (1)(C) shall not begin to apply to a publicly owned treatment works located in the State until the date on which the Administrator completes a review of the notification program under subparagraph (A)(ii).CommentsClose CommentsPermalink





‘(C) WITHDRAWAL OF AUTHORIZATION- If the Administrator, after conducting a public hearing, determines that a State is not administering and enforcing a State notification program authorized under subparagraph (A)(ii) in accordance with the requirements of this paragraph, the Administrator shall so notify the State and, if appropriate corrective action is not taken within a reasonable time, not to exceed 90 days, the Administrator shall withdraw authorization of such program and enforce the requirements of paragraphs (1)(B) and (1)(C) with respect to the State.CommentsClose CommentsPermalink





‘(6) SPECIAL RULES CONCERNING APPLICATION OF NOTIFICATION REQUIREMENTS- After the last day of the 30-day period beginning on the date of issuance of regulations under paragraph (4), the requirements of paragraphs (1)(B) and (1)(C) shall--CommentsClose CommentsPermalink





‘(A) apply to the owner or operator of a publicly owned treatment works and be subject to enforcement under section 309, andCommentsClose CommentsPermalink





‘(B) supersede any notification requirements contained in a permit issued under this section for the treatment works to the extent that the notification requirements are less stringent than the notification requirements of paragraphs (1)(B) and (1)(C),CommentsClose CommentsPermalink





until such date as a permit is issued, renewed, or modified under this section for the treatment works in accordance with paragraph (1).CommentsClose CommentsPermalink





‘(7) DEFINITIONS- In this subsection, the following definitions apply:CommentsClose CommentsPermalink





‘(A) SEWER OVERFLOW- The term ‘sewer overflow’ means a sanitary sewer overflow or a municipal combined sewer overflow.CommentsClose CommentsPermalink





‘(B) SINGLE-FAMILY RESIDENCE- The term ‘single-family residence’ means an individual dwelling unit, including an apartment, condominium, house, or dormitory. Such term does not include the common areas of a multi-dwelling structure.’.CommentsClose CommentsPermalink

SEC. 4. ELIGIBILITY FOR ASSISTANCE.

(a) Purpose of State Revolving Fund- Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ the first place it appears; andCommentsClose CommentsPermalink





(2) by inserting after ‘section 320’ the following: ‘, and (4) for the implementation of requirements to monitor for sewer overflows under section 402’.CommentsClose CommentsPermalink





(b) Water Pollution Control Revolving Loan Funds- Section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ the first place it appears; andCommentsClose CommentsPermalink





(2) by inserting after ‘section 320 of this Act’ the following: ‘, and (4) for the implementation of requirements to monitor for sewer overflows under section 402’.CommentsClose CommentsPermalink

Passed the House of Representatives June 23, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.