Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	8,256	n/a	n/a
Reported in House	8,399	28	3%
Engrossed in House	11,071	85	36%
Referred in Senate	11,018	5 Show Changes Hide Changes	3%

Display Version Introduced in House Reported in House Engrossed in House Referred in Senate

HR 1262 EHRFSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1262CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, 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; TABLE OF CONTENTS.

(a) In General- This Act may be cited as the ‘Water Quality Investment Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents-CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Amendment of Federal Water Pollution Control Act.CommentsClose CommentsPermalink

TITLE I--WATER QUALITY FINANCING

Subtitle A--Technical and Management Assistance

Sec. 1101. Technical assistance.CommentsClose CommentsPermalink





Sec. 1102. State management assistance.CommentsClose CommentsPermalink





Sec. 1103. Watershed pilot projects.CommentsClose CommentsPermalink

Subtitle B--Construction of Treatment Works

Sec. 1201. Sewage collection systems.CommentsClose CommentsPermalink





Sec. 1202. Treatment works defined.CommentsClose CommentsPermalink

Subtitle C--State Water Pollution Control Revolving Funds

Sec. 1301. General authority for capitalization grants.CommentsClose CommentsPermalink





Sec. 1302. Capitalization grant agreements.CommentsClose CommentsPermalink





Sec. 1303. Water pollution control revolving loan funds.CommentsClose CommentsPermalink





Sec. 1304. Allotment of funds.CommentsClose CommentsPermalink





Sec. 1305. Intended use plan.CommentsClose CommentsPermalink





Sec. 1306. Annual Reports.CommentsClose CommentsPermalink





Sec. 1307. Technical assistance; requirements for use of American materials.CommentsClose CommentsPermalink





Sec. 1308. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle D--General Provisions

Sec. 1401. Definition of treatment works.CommentsClose CommentsPermalink





Sec. 1402. Funding for Indian programs.CommentsClose CommentsPermalink

Subtitle E--Tonnage Duties

Sec. 1501. Tonnage duties.CommentsClose CommentsPermalink





Sec. 1502. United States-Mexican border water infrastructure studies.CommentsClose CommentsPermalink

TITLE II--ALTERNATIVE WATER SOURCE PROJECTS

Sec. 2001. Pilot program for alternative water source projects.CommentsClose CommentsPermalink

TITLE III--SEWER OVERFLOW CONTROL GRANTS

Sec. 3001. Sewer overflow control grants.CommentsClose CommentsPermalink

TITLE IV--MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER OVERFLOWS

Sec. 4001. Monitoring, reporting, and public notification of sewer overflows.CommentsClose CommentsPermalink

TITLE V--GREAT LAKES LEGACY REAUTHORIZATION

Sec. 5001. Remediation of sediment contamination in areas of concern.CommentsClose CommentsPermalink





Sec. 5002. Public information program.CommentsClose CommentsPermalink





Sec. 5003. Contaminated sediment remediation approaches, technologies, and techniques.CommentsClose CommentsPermalink





Sec. 5004. Great Lakes water quality.CommentsClose CommentsPermalink

TITLE VI--PHARMACEUTICALS AND PERSONAL CARE PRODUCTS

Sec. 6001. Presence of pharmaceuticals and personal care products in waters of the United States.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUS

Sec. 7001. Task force on proper disposal of unused pharmaceuticals.CommentsClose CommentsPermalink

TITLE VIII--OMB STUDY

Sec. 8001. Evaluation using program assessment rating tool.CommentsClose CommentsPermalink

TITLE IX--CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY

Sec. 9001. Chesapeake Bay Crosscut Budget.CommentsClose CommentsPermalink





Sec. 9002. Adaptive Management Plan.CommentsClose CommentsPermalink





Sec. 9003. Definitions.CommentsClose CommentsPermalink

SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).CommentsClose CommentsPermalink

TITLE I--WATER QUALITY FINANCINGCommentsClose CommentsPermalink

Subtitle A--Technical and Management AssistanceCommentsClose CommentsPermalink

SEC. 1101. TECHNICAL ASSISTANCE.

(a) Technical Assistance for Rural and Small Treatment Works- Section 104(b) (33 U.S.C. 1254(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (6);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (7) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) make grants to nonprofit organizations--CommentsClose CommentsPermalink





‘(A) to provide technical assistance to rural and small municipalities and tribal governments for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects described in section 603(c);CommentsClose CommentsPermalink





‘(B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; andCommentsClose CommentsPermalink





‘(C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.’.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Section 104(u) (33 U.S.C. 1254(u)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and (6)’ and inserting ‘(6)’; andCommentsClose CommentsPermalink





(2) by inserting before the period at the end the following: ‘; and (7) not to exceed $100,000,000 for each of fiscal years 2010 through 2014 for carrying out subsections (b)(3), (b)(8), and (g), except that not less than 20 percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsection (b)(8)’.CommentsClose CommentsPermalink





(c) Small Flows Clearinghouse- Section 104(q)(4) (33 U.S.C. 1254(q)(4)) is amended--CommentsClose CommentsPermalink





(1) in the first sentence by striking ‘$1,000,000’ and inserting ‘$3,000,000’; andCommentsClose CommentsPermalink





(2) in the second sentence by striking ‘1986’ and inserting ‘2011’.CommentsClose CommentsPermalink

SEC. 1102. STATE MANAGEMENT ASSISTANCE.

Section 106(a) (33 U.S.C. 1256(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (1);CommentsClose CommentsPermalink





(2) by striking the semicolon at the end of paragraph (2) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





‘(3) such sums as may be necessary for each of fiscal years 1991 through 2009, and $300,000,000 for each of fiscal years 2010 through 2014;’.CommentsClose CommentsPermalink

SEC. 1103. WATERSHED PILOT PROJECTS.

(a) Pilot Projects- Section 122 (33 U.S.C. 1274) is amended--CommentsClose CommentsPermalink





(1) in the section heading by striking ‘wet weather’; andCommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘for treatment works’ and inserting ‘to a municipality or municipal entity’; andCommentsClose CommentsPermalink





(ii) by striking ‘wet weather discharge’;CommentsClose CommentsPermalink





(B) in paragraph (2) by striking ‘in reducing such pollutants’ and all that follows before the period at the end and inserting ‘to manage, reduce, treat, or reuse municipal stormwater, including low-impact development technologies and other techniques that utilize infiltration, evapotranspiration, and reuse of storm water on site’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) WATERSHED PARTNERSHIPS- Efforts of municipalities and property owners to demonstrate cooperative ways to address nonpoint sources of pollution to reduce adverse impacts on water quality.CommentsClose CommentsPermalink





‘(4) INTEGRATED WATER RESOURCE PLAN- The development of an integrated water resource plan for the coordinated management and protection of surface water, ground water, and stormwater resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this Act.CommentsClose CommentsPermalink





‘(5) MUNICIPALITY-WIDE STORM WATER MANAGEMENT PLANNING- The development of a municipality-wide plan that identifies the most effective placement of storm water technologies and management approaches, including green infrastructure, to reduce water quality impairments from storm water on a municipality-wide basis.’.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- The first sentence of section 122(c)(1) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’; andCommentsClose CommentsPermalink





(2) by striking the period and inserting ‘, such sums as may be necessary for each of fiscal years 2005 through 2009, and $100,000,000 for each of fiscal years 2010 through 2014’.CommentsClose CommentsPermalink





(c) Report to Congress- Section 122(d) is amended by striking ‘5 years after the date of enactment of this section,’ and inserting ‘October 1, 2011,’.CommentsClose CommentsPermalink

Subtitle B--Construction of Treatment WorksCommentsClose CommentsPermalink

SEC. 1201. SEWAGE COLLECTION SYSTEMS.

Section 211 (33 U.S.C. 1291) is amended--CommentsClose CommentsPermalink





(1) by striking the section heading and all that follows through ‘(a) No’ and inserting the following:CommentsClose CommentsPermalink

‘SEC. 211. SEWAGE COLLECTION SYSTEMS.

‘(a) In General- No’;CommentsClose CommentsPermalink





(2) in subsection (b) by inserting ‘Population Density- ’ after ‘(b)’; andCommentsClose CommentsPermalink





(3) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Exceptions-CommentsClose CommentsPermalink





‘(1) REPLACEMENT AND MAJOR REHABILITATION- Notwithstanding the requirement of subsection (a)(1) concerning the existence of a collection system as a condition of eligibility, a project for replacement or major rehabilitation of a collection system existing on January 1, 2007, shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection (a)(1) and meets the requirement of paragraph (3).CommentsClose CommentsPermalink





‘(2) NEW SYSTEMS- Notwithstanding the requirement of subsection (a)(2) concerning the existence of a community as a condition of eligibility, a project for a new collection system to serve a community existing on January 1, 2007, shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection (a)(2) and meets the requirement of paragraph (3).CommentsClose CommentsPermalink





‘(3) REQUIREMENT- A project meets the requirement of this paragraph if the purpose of the project is to accomplish the objectives, goals, and policies of this Act by addressing an adverse environmental condition existing on the date of enactment of this paragraph.’.CommentsClose CommentsPermalink

SEC. 1202. TREATMENT WORKS DEFINED.

Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘any works, including site’;CommentsClose CommentsPermalink





(2) by striking ‘is used for ultimate’ and inserting ‘will be used for ultimate’; andCommentsClose CommentsPermalink





(3) by inserting before the period at the end the following: ‘and acquisition of other lands, and interests in lands, which are necessary for construction’.CommentsClose CommentsPermalink

Subtitle C--State Water Pollution Control Revolving FundsCommentsClose CommentsPermalink

SEC. 1301. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ‘for providing assistance’ and all that follows through the period at the end and inserting the following: ‘to accomplish the objectives, goals, and policies of this Act by providing assistance for projects and activities identified in section 603(c).’.CommentsClose CommentsPermalink

SEC. 1302. CAPITALIZATION GRANT AGREEMENTS.

(a) Reporting Infrastructure Assets- Section 602(b)(9) (33 U.S.C. 1382(b)(9)) is amended by striking ‘standards’ and inserting ‘standards, including standards relating to the reporting of infrastructure assets’.CommentsClose CommentsPermalink





(b) Additional Requirements- Section 602(b) (33 U.S.C. 1382(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (6)--CommentsClose CommentsPermalink





(A) by striking ‘before fiscal year 1995’;CommentsClose CommentsPermalink





(B) by striking ‘funds directly made available by capitalization grants under this title and section 205(m) of this Act’ and inserting ‘assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both,’; andCommentsClose CommentsPermalink





(C) by striking ‘201(b)’ and all that follows through ‘513’ and inserting ‘211 and 511(c)(1)’;CommentsClose CommentsPermalink





(2) by striking ‘and’ at the end of paragraph (9);CommentsClose CommentsPermalink





(3) by striking the period at the end of paragraph (10) and inserting a semicolon; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(11) the State will establish, maintain, invest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for providing financial assistance in accordance with this title;CommentsClose CommentsPermalink





‘(12) any fees charged by the State to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund;CommentsClose CommentsPermalink





‘(13) beginning in fiscal year 2011, the State will include as a condition of providing assistance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner determined by the Governor of the State, that the recipient--CommentsClose CommentsPermalink





‘(A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this title, and has selected, to the extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, and conservation, and energy conservation, taking into account the cost of constructing the project or activity, the cost of operating and maintaining the project or activity over its life, and the cost of replacing the project or activity; andCommentsClose CommentsPermalink





‘(B) has considered, to the maximum extent practicable and as determined appropriate by the recipient, the costs and effectiveness of other design, management, and financing approaches for carrying out a project or activity for which assistance is sought under this title, taking into account the cost of constructing the project or activity, the cost of operating and maintaining the project or activity over its life, and the cost of replacing the project or activity;CommentsClose CommentsPermalink





‘(14) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2010, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for activities included on the State’s priority list established under section 603(g), to the extent that there are sufficient applications for such assistance;CommentsClose CommentsPermalink





‘(15) a contract to be carried out using funds directly made available by a capitalization grant under this title for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement (as determined by the Governor of the State); andCommentsClose CommentsPermalink





‘(16) the requirements of section 513 will apply to the construction of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, in the same manner as treatment works for which grants are made under this Act.’.CommentsClose CommentsPermalink

SEC. 1303. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

(a) Projects and Activities Eligible for Assistance- Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Projects and Activities Eligible for Assistance- The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance--CommentsClose CommentsPermalink





‘(1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works;CommentsClose CommentsPermalink





‘(2) for the implementation of a management program established under section 319;CommentsClose CommentsPermalink





‘(3) for development and implementation of a conservation and management plan under section 320;CommentsClose CommentsPermalink





‘(4) for the implementation of lake protection programs and projects under section 314;CommentsClose CommentsPermalink





‘(5) for repair or replacement of decentralized wastewater treatment systems that treat domestic sewage;CommentsClose CommentsPermalink





‘(6) for measures to manage, reduce, treat, or reuse municipal stormwater, agricultural stormwater, and return flows from irrigated agriculture;CommentsClose CommentsPermalink





‘(7) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse;CommentsClose CommentsPermalink





‘(8) for the development and implementation of watershed projects meeting the criteria set forth in section 122; andCommentsClose CommentsPermalink





‘(9) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works, including the implementation of energy-efficient or renewable-energy generation technologies.’.CommentsClose CommentsPermalink





(b) Extended Repayment Period- Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A) by striking ‘20 years’ and inserting ‘the lesser of 30 years or the design life of the project to be financed with the proceeds of the loan’; andCommentsClose CommentsPermalink





(2) in subparagraph (B) by striking ‘not later than 20 years after project completion’ and inserting ‘upon the expiration of the term of the loan’.CommentsClose CommentsPermalink





(c) Fiscal Sustainability Plan- Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is further amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of subparagraph (C);CommentsClose CommentsPermalink





(2) by inserting ‘and’ at the end of subparagraph (D); andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) for any portion of a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under section 603(c)(1), the recipient of a loan will develop and implement a fiscal sustainability plan that includes--CommentsClose CommentsPermalink





‘(i) an inventory of critical assets that are a part of that portion of the treatment works;CommentsClose CommentsPermalink





‘(ii) an evaluation of the condition and performance of inventoried assets or asset groupings;CommentsClose CommentsPermalink





‘(iii) a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; andCommentsClose CommentsPermalink





‘(iv) a plan for maintaining, repairing, and, as necessary, replacing that portion of the treatment works and a plan for funding such activities;’.CommentsClose CommentsPermalink





(d) Administrative Expenses- Section 603(d)(7) (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ‘, $400,000 per year, or 1/5 percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source’.CommentsClose CommentsPermalink





(e) Technical and Planning Assistance for Small Systems- Section 603(d) (33 U.S.C. 1383(d)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (6);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (7) and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) to provide grants to owners and operators of treatment works that serve a population of 10,000 or fewer for obtaining technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, equipment replacement, repair schedules, and other activities to improve wastewater treatment plant management and operations, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest; andCommentsClose CommentsPermalink





‘(9) to provide grants to owners and operators of treatment works for conducting an assessment of the energy and water consumption of the treatment works, and evaluating potential opportunities for energy and water conservation through facility operation and maintenance, equipment replacement, and projects or activities that promote the efficient use of energy and water by the treatment works, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest.’.CommentsClose CommentsPermalink





(f) Additional Subsidization- Section 603 (33 U.S.C. 1383) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Additional Subsidization-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans--CommentsClose CommentsPermalink





‘(A) to benefit a municipality that--CommentsClose CommentsPermalink





‘(i) meets the State’s affordability criteria established under paragraph (2); orCommentsClose CommentsPermalink





‘(ii) does not meet the State’s affordability criteria if the recipient--CommentsClose CommentsPermalink





‘(I) seeks additional subsidization to benefit individual ratepayers in the residential user rate class;CommentsClose CommentsPermalink





‘(II) demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; andCommentsClose CommentsPermalink





‘(III) ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; orCommentsClose CommentsPermalink





‘(B) to implement a process, material, technique, or technology to address water-efficiency goals, address energy-efficiency goals, mitigate stormwater runoff, or encourage environmentally sensitive project planning, design, and construction.CommentsClose CommentsPermalink





‘(2) AFFORDABILITY CRITERIA-CommentsClose CommentsPermalink





‘(A) ESTABLISHMENT- On or before September 30, 2010, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161).CommentsClose CommentsPermalink





‘(B) EXISTING CRITERIA- If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph.CommentsClose CommentsPermalink





‘(C) INFORMATION TO ASSIST STATES- The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A).CommentsClose CommentsPermalink





‘(3) PRIORITY- A State may give priority to a recipient for a project or activity eligible for funding under section 603(c)(1) if the recipient meets the State’s affordability criteria.CommentsClose CommentsPermalink





‘(4) SET-ASIDE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In any fiscal year in which the Administrator has available for obligation more than $1,000,000,000 for the purposes of this title, a State shall provide additional subsidization under this subsection in the amount specified in subparagraph (B) to eligible entities described in paragraph (1) for projects and activities identified in the State’s intended use plan prepared under section 606(c) to the extent that there are sufficient applications for such assistance.CommentsClose CommentsPermalink





‘(B) AMOUNT- In a fiscal year described in subparagraph (A), a State shall set aside for purposes of subparagraph (A) an amount not less than 25 percent of the difference between--CommentsClose CommentsPermalink





‘(i) the total amount that would have been allotted to the State under section 604 for such fiscal year if the amount available to the Administrator for obligation under this title for such fiscal year had been equal to $1,000,000,000; andCommentsClose CommentsPermalink





‘(ii) the total amount allotted to the State under section 604 for such fiscal year.CommentsClose CommentsPermalink





‘(5) LIMITATION- The total amount of additional subsidization provided under this subsection by a State may not exceed 30 percent of the total amount of capitalization grants received by the State under this title in fiscal years beginning after September 30, 2009.’.CommentsClose CommentsPermalink

SEC. 1304. ALLOTMENT OF FUNDS.

(a) In General- Section 604(a) (33 U.S.C. 1384(a)) is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Allotments-CommentsClose CommentsPermalink





‘(1) FISCAL YEARS 2010 AND 2011- Sums appropriated to carry out this title for each of fiscal years 2010 and 2011 shall be allotted by the Administrator in accordance with the formula used to allot sums appropriated to carry out this title for fiscal year 2009.CommentsClose CommentsPermalink





‘(2) FISCAL YEAR 2012 AND THEREAFTER- Sums appropriated to carry out this title for fiscal year 2012 and each fiscal year thereafter shall be allotted by the Administrator as follows:CommentsClose CommentsPermalink





‘(A) Amounts that do not exceed $1,350,000,000 shall be allotted in accordance with the formula described in paragraph (1).CommentsClose CommentsPermalink





‘(B) Amounts that exceed $1,350,000,000 shall be allotted in accordance with the formula developed by the Administrator under subsection (d).’.CommentsClose CommentsPermalink





(b) Planning Assistance- Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ‘1 percent’ and inserting ‘2 percent’.CommentsClose CommentsPermalink





(c) Formula- Section 604 (33 U.S.C. 1384) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Formula Based on Water Quality Needs- Not later than September 30, 2011, and after providing notice and an opportunity for public comment, the Administrator shall publish an allotment formula based on water quality needs in accordance with the most recent survey of needs developed by the Administrator under section 516(b).’.CommentsClose CommentsPermalink

SEC. 1305. INTENDED USE PLAN.

(a) Integrated Priority List- Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows:CommentsClose CommentsPermalink





‘(g) Priority List-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For fiscal year 2011 and each fiscal year thereafter, a State shall establish or update a list of projects and activities for which assistance is sought from the State’s water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State’s water pollution control revolving fund only with respect to a project or activity included on such list. In the case of projects and activities eligible for assistance under section 603(c)(2), the State may include a category or subcategory of nonpoint sources of pollution on such list in lieu of a specific project or activity.CommentsClose CommentsPermalink





‘(2) METHODOLOGY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 1 year after the date of enactment of this paragraph, and after providing notice and opportunity for public comment, each State (acting through the State’s water quality management agency and other appropriate agencies of the State) shall establish a methodology for developing a priority list under paragraph (1).CommentsClose CommentsPermalink





‘(B) PRIORITY FOR PROJECTS AND ACTIVITIES THAT ACHIEVE GREATEST WATER QUALITY IMPROVEMENT- In developing the methodology, the State shall seek to achieve the greatest degree of water quality improvement, taking into consideration the requirements of section 602(b)(5) and section 603(i)(3), whether such water quality improvements would be realized without assistance under this title, and whether the proposed projects and activities would address water quality impairments associated with existing treatment works.CommentsClose CommentsPermalink





‘(C) CONSIDERATIONS IN SELECTING PROJECTS AND ACTIVITIES- In determining which projects and activities will achieve the greatest degree of water quality improvement, the State shall consider--CommentsClose CommentsPermalink





‘(i) information developed by the State under sections 303(d) and 305(b);CommentsClose CommentsPermalink





‘(ii) the State’s continuing planning process developed under section 303(e);CommentsClose CommentsPermalink





‘(iii) the State’s management program developed under section 319; andCommentsClose CommentsPermalink





‘(iv) conservation and management plans developed under section 320.CommentsClose CommentsPermalink





‘(D) NONPOINT SOURCES- For categories or subcategories of nonpoint sources of pollution that a State may include on its priority list under paragraph (1), the State shall consider the cumulative water quality improvements associated with projects or activities in such categories or subcategories.CommentsClose CommentsPermalink





‘(E) EXISTING METHODOLOGIES- If a State has previously developed, after providing notice and an opportunity for public comment, a methodology that meets the requirements of this paragraph, the State may use the methodology for the purposes of this subsection.’.CommentsClose CommentsPermalink





(b) Intended Use Plan- Section 606(c) (33 U.S.C. 1386(c)) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1) by striking ‘each State shall annually prepare’ and inserting ‘each State (acting through the State’s water quality management agency and other appropriate agencies of the State) shall annually prepare and publish’;CommentsClose CommentsPermalink





(2) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) the State’s priority list developed under section 603(g);’;CommentsClose CommentsPermalink





(3) in paragraph (4)--CommentsClose CommentsPermalink





(A) by striking ‘and (6)’ and inserting ‘(6), (15), and (17)’; andCommentsClose CommentsPermalink





(B) by striking ‘and’ at the end;CommentsClose CommentsPermalink





(4) by striking the period at the end of paragraph (5) and inserting ‘; and’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) if the State does not fund projects and activities in the order of the priority established under section 603(g), an explanation of why such a change in order is appropriate.’.CommentsClose CommentsPermalink





(c) Transitional Provision- Before completion of a priority list based on a methodology established under section 603(g) of the Federal Water Pollution Control Act (as amended by this section), a State shall continue to comply with the requirements of sections 603(g) and 606(c) of such Act, as in effect on the day before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 1306. ANNUAL REPORTS.

Section 606(d) (33 U.S.C. 1386(d)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(d) Annual Report- Beginning’ and inserting the following:CommentsClose CommentsPermalink





‘(d) Annual Reports-CommentsClose CommentsPermalink





‘(1) STATE REPORT- Beginning’;CommentsClose CommentsPermalink





(2) in paragraph (1) (as so designated) by striking ‘loan amounts,’ and inserting ‘loan amounts, the eligible purposes under section 603(c) for which the assistance has been provided,’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) FEDERAL REPORT- The Administrator shall annually prepare, and make publicly available, a report on the performance of the projects and activities carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title during the previous fiscal year, including--CommentsClose CommentsPermalink





‘(A) the annual and cumulative financial assistance provided to States under this title;CommentsClose CommentsPermalink





‘(B) the categories and types of such projects and activities;CommentsClose CommentsPermalink





‘(C) an estimate of the number of jobs created through carrying out such projects and activities;CommentsClose CommentsPermalink





‘(D) an assessment of the progress made toward meeting the goals and purposes of this Act through such projects and activities; andCommentsClose CommentsPermalink





‘(E) any additional information that the Administrator considers appropriate.’.CommentsClose CommentsPermalink

SEC. 1307. TECHNICAL ASSISTANCE; REQUIREMENTS FOR USE OF AMERICAN MATERIALS.

Title VI (33 U.S.C. 1381 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating section 607 as section 609; andCommentsClose CommentsPermalink





(2) by inserting after section 606 the following:CommentsClose CommentsPermalink

‘SEC. 607. TECHNICAL ASSISTANCE.

‘(a) Simplified Procedures- Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified procedures for treatment works to obtain assistance under this title.CommentsClose CommentsPermalink





‘(b) Publication of Manual- Not later than 2 years after the date of the enactment of this section, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual.CommentsClose CommentsPermalink





‘(c) Compliance Criteria- At the request of any State, the Administrator, after providing notice and an opportunity for public comment, shall assist in the development of criteria for a State to determine compliance with the conditions of funding assistance established under sections 602(b)(13) and 603(d)(1)(E).CommentsClose CommentsPermalink

‘SEC. 608. REQUIREMENTS FOR USE OF AMERICAN MATERIALS.

‘(a) In General- Notwithstanding any other provision of law, none of the funds made available by a State water pollution control revolving fund as authorized under this title may be used for the construction of treatment works unless the steel, iron, and manufactured goods used in such treatment works are produced in the United States.CommentsClose CommentsPermalink





‘(b) Exceptions- Subsection (a) shall not apply in any case in which the Administrator (in consultation with the Governor of the State) finds that--CommentsClose CommentsPermalink





‘(1) applying subsection (a) would be inconsistent with the public interest;CommentsClose CommentsPermalink





‘(2) steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; orCommentsClose CommentsPermalink





‘(3) inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.CommentsClose CommentsPermalink





‘(c) Public Notification and Written Justification for Waiver- If the Administrator determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Administrator shall--CommentsClose CommentsPermalink





‘(1) not less than 15 days prior to waiving application of subsection (a), provide public notice and the opportunity to comment on the Administrator’s intent to issue such waiver; andCommentsClose CommentsPermalink





‘(2) upon issuing such waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived.CommentsClose CommentsPermalink





‘(d) Consistency With International Agreements- This section shall be applied in a manner consistent with United States obligations under international agreements.’.CommentsClose CommentsPermalink

SEC. 1308. AUTHORIZATION OF APPROPRIATIONS.

Section 609 (as redesignated by section 1307 of this Act) is amended by striking paragraphs (1) through (5) and inserting the following:CommentsClose CommentsPermalink





‘(a) Authorization of Appropriations-CommentsClose CommentsPermalink





‘(1) $2,400,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





‘(2) $2,700,000,000 for fiscal year 2011;CommentsClose CommentsPermalink





‘(3) $2,800,000,000 for fiscal year 2012;CommentsClose CommentsPermalink





‘(4) $2,900,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink





‘(5) $3,000,000,000 for fiscal year 2014.CommentsClose CommentsPermalink





‘(b) Prohibition on Earmarks- None of the funds appropriated pursuant to subsection (a) may be used for a congressional earmark as defined in clause 9d, of Rule XXI of the rules of the House of Representatives.’.CommentsClose CommentsPermalink

Subtitle D--General ProvisionsCommentsClose CommentsPermalink

SEC. 1401. DEFINITION OF TREATMENT WORKS.

Section 502 (33 U.S.C. 1362) is amended by adding at the end the following:CommentsClose CommentsPermalink





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

SEC. 1402. FUNDING FOR INDIAN PROGRAMS.

Section 518(c) (33 U.S.C. 1377) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Administrator’ and inserting the following:CommentsClose CommentsPermalink





‘(1) FISCAL YEARS 1987-2008- The Administrator’;CommentsClose CommentsPermalink





(2) in paragraph (1) (as so designated)--CommentsClose CommentsPermalink





(A) by inserting ‘and ending before October 1, 2008,’ after ‘1986,’; andCommentsClose CommentsPermalink





(B) by striking the second sentence; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) FISCAL YEAR 2009 AND THEREAFTER- For fiscal year 2009 and each fiscal year thereafter, the Administrator shall reserve, before allotments to the States under section 604(a), not less than 0.5 percent and not more than 1.5 percent of the funds made available to carry out title VI.CommentsClose CommentsPermalink





‘(3) USE OF FUNDS- Funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section 603(c) to serve--CommentsClose CommentsPermalink





‘(A) Indian tribes (as defined in section 518(h));CommentsClose CommentsPermalink





‘(B) former Indian reservations in Oklahoma (as determined by the Secretary of the Interior); andCommentsClose CommentsPermalink





‘(C) Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).’.CommentsClose CommentsPermalink

Subtitle E--Tonnage DutiesCommentsClose CommentsPermalink

SEC. 1501. TONNAGE DUTIES.

(a) In General- Section 60301 of title 46, United State Code, is amended by striking subsections (a) and (b) and inserting the following:CommentsClose CommentsPermalink





‘(a) Lower Rate-CommentsClose CommentsPermalink





‘(1) IMPOSITION OF DUTY- A duty is imposed at the rate described in paragraph (2) at each entry in a port of the United States of--CommentsClose CommentsPermalink





‘(A) a vessel entering from a foreign port or place in North America, Central America, the West Indies Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering the Caribbean Sea; orCommentsClose CommentsPermalink





‘(B) a vessel returning to the same port or place in the United States from which it departed, and not entering the United States from another port or place, except--CommentsClose CommentsPermalink





‘(i) a vessel of the United States;CommentsClose CommentsPermalink





‘(ii) a recreational vessel (as defined in section 2101 of this title); orCommentsClose CommentsPermalink





‘(iii) a barge.CommentsClose CommentsPermalink





‘(2) RATE- The rate referred to in paragraph (1) shall be--CommentsClose CommentsPermalink





‘(A) 4.5 cents per ton (but not more than a total of 22.5 cents per ton per year) for fiscal years 2006 through 2009;CommentsClose CommentsPermalink





‘(B) 9.0 cents per ton (but not more than a total of 45 cents per ton per year) for fiscal years 2010 through 2019; andCommentsClose CommentsPermalink





‘(C) 2 cents per ton (but not more than a total of 10 cents per ton per year) for each fiscal year thereafter.CommentsClose CommentsPermalink





‘(b) Higher Rate-CommentsClose CommentsPermalink





‘(1) IMPOSITION OF DUTY- A duty is imposed at the rate described in paragraph (2) on a vessel at each entry in a port of the United States from a foreign port or place not named in subsection (a)(1).CommentsClose CommentsPermalink





‘(2) RATE- The rate referred to in paragraph (1) shall be--CommentsClose CommentsPermalink





‘(A) 13.5 cents per ton (but not more than a total of 67.5 cents per ton per year) for fiscal years 2006 through 2009;CommentsClose CommentsPermalink





‘(B) 27 cents per ton (but not more than a total of $1.35 per ton per year) for fiscal years 2010 through 2019, andCommentsClose CommentsPermalink





‘(C) 6 cents per ton (but not more than a total of 30 cents per ton per year) for each fiscal year thereafter.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Such title is further amended--CommentsClose CommentsPermalink





(1) by striking the heading for subtitle VI and inserting the following:CommentsClose CommentsPermalink

‘Subtitle VI--Clearance and Tonnage Duties’;CommentsClose CommentsPermalink

(2) in the heading for chapter 603, by striking ‘TAXES’ and inserting ‘DUTIES’;CommentsClose CommentsPermalink





(3) in the headings of sections in chapter 603, by striking ‘taxes’ each place it appears and inserting ‘duties’;CommentsClose CommentsPermalink





(4) in the heading for subsection (a) of section 60303, by striking ‘Tax’ and inserting ‘Duty’;CommentsClose CommentsPermalink





(5) in the text of sections in chapter 603, by striking ‘taxes’ each place it appears and inserting ‘duties’; andCommentsClose CommentsPermalink





(6) in the text of sections in chapter 603, by striking ‘tax’ each place it appears and inserting ‘duty’.CommentsClose CommentsPermalink





(c) Clerical Amendments- Such title is further amended--CommentsClose CommentsPermalink





(1) in the title analysis by striking the item relating to subtitle VI and inserting the following:CommentsClose CommentsPermalink

60101’;CommentsClose CommentsPermalink

(2) in the analysis for subtitle VI by striking the item relating to chapter 603 and inserting the following:CommentsClose CommentsPermalink

60301’;CommentsClose CommentsPermalink

andCommentsClose CommentsPermalink





(3) in the analysis for chapter 603--CommentsClose CommentsPermalink





(A) by striking the items relating to sections 60301 and 60302 and inserting the following:CommentsClose CommentsPermalink





‘60301. Regular tonnage duties.CommentsClose CommentsPermalink





‘60302. Special tonnage duties.’;CommentsClose CommentsPermalink





andCommentsClose CommentsPermalink





(B) by striking the item relating to section 60304 and inserting the following:CommentsClose CommentsPermalink





‘60304. Presidential suspension of tonnage duties and light money.’.CommentsClose CommentsPermalink

SEC. 1502. UNITED STATES-MEXICAN BORDER WATER INFRASTRUCTURE STUDIES.

(a) Study of Infrastructure Along the Rio Grande River-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator of the Environmental Protection Agency shall conduct a study of wastewater treatment facilities that discharge into the Rio Grande River and develop recommendations for improving monitoring, information sharing, and cooperation between the United States and Mexico.CommentsClose CommentsPermalink





(2) CONSULTATION- The Administrator shall conduct the study in consultation with the Secretary of State, appropriate representatives of the Mexican government, and the International Boundary Waters Commission.CommentsClose CommentsPermalink





(3) REPORT- Not later than 12 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study, together with the recommendations developed under paragraph (1).CommentsClose CommentsPermalink





(b) Study of Water Infrastructure Along the United States-Mexico Border-CommentsClose CommentsPermalink





(1) STUDY- The Comptroller General shall conduct a study on water infrastructure along the border between the United States and Mexico to augment current studies relating to colonias development.CommentsClose CommentsPermalink





(2) CONTENTS- In conducting the study, the Comptroller General shall examine the comprehensive planning needs relating to water and wastewater infrastructure for colonias along the border between the United States and Mexico.CommentsClose CommentsPermalink





(3) REPORT- Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.CommentsClose CommentsPermalink

TITLE II--ALTERNATIVE WATER SOURCE PROJECTSCommentsClose CommentsPermalink

SEC. 2001. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

(a) Selection of Projects- Section 220(d)(2) (33 U.S.C. 1300(d)(2)) is amended by inserting before the period at the end the following: ‘or whether the project is located in an area which is served by a public water system serving 10,000 individuals or fewer’.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Section 220(j) (33 U.S.C. 1300(j)) is amended by striking ‘$75,000,000 for fiscal years 2002 through 2004’ and inserting ‘$50,000,000 for each of fiscal years 2010 through 2014’.CommentsClose CommentsPermalink

TITLE III--SEWER OVERFLOW CONTROL GRANTSCommentsClose CommentsPermalink

SEC. 3001. SEWER OVERFLOW CONTROL GRANTS.

(a) Administrative Requirements- Section 221(e) (33 U.S.C. 1301(e)) is amended to read as follows:CommentsClose CommentsPermalink





‘(e) Administrative Requirements- A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under title VI, except to the extent that the Governor of the State in which the project is located determines that a requirement of title VI is inconsistent with the purposes of this section.’.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Section 221(f) (33 U.S.C. 1301(f)) is amended to read as follows:CommentsClose CommentsPermalink





‘(f) Authorization of Appropriations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There is authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink





‘(2) MINIMUM ALLOCATIONS- To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to control municipal combined sewer overflows and sanitary sewer overflows through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities.’.CommentsClose CommentsPermalink





(c) Allocation of Funds- Section 221(g) of such Act (33 U.S.C. 1301(g)) is amended to read as follows:CommentsClose CommentsPermalink





‘(g) Allocation of Funds-CommentsClose CommentsPermalink





‘(1) FISCAL YEAR 2010- Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2010 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b).CommentsClose CommentsPermalink





‘(2) FISCAL YEAR 2011 AND THEREAFTER- Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2011 and each fiscal year thereafter for making grants to States under subsection (a)(1) in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls identified in the most recent survey conducted pursuant to section 516.’.CommentsClose CommentsPermalink





(d) Reports- The first sentence of section 221(i) (33 U.S.C. 1301(i)) is amended by striking ‘2003’ and inserting ‘2012’.CommentsClose CommentsPermalink

TITLE IV--MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER OVERFLOWSCommentsClose CommentsPermalink

SEC. 4001. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER OVERFLOWS.

Section 402 (33 U.S.C. 1342) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(s) 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 to 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 or exceeds 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 or exceeds 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) 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 the combined portion of 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





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





‘(C) 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

TITLE V--GREAT LAKES LEGACY REAUTHORIZATIONCommentsClose CommentsPermalink

SEC. 5001. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.

Section 118(c)(12)(H) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(12)(H)) is amended by striking clause (i) and inserting the following:CommentsClose CommentsPermalink





‘(i) IN GENERAL- In addition to other amounts authorized under this section, there is authorized to be appropriated to carry out this paragraph--CommentsClose CommentsPermalink





‘(I) $50,000,000 for each of the fiscal years 2004 through 2009; andCommentsClose CommentsPermalink





‘(II) $150,000,000 for each of the fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink

SEC. 5002. PUBLIC INFORMATION PROGRAM.

Section 118(c)(13)(B) (33 U.S.C. 1268(c)(13)(B)) is amended by striking ‘2010’ and inserting ‘2014’.CommentsClose CommentsPermalink

SEC. 5003. CONTAMINATED SEDIMENT REMEDIATION APPROACHES, TECHNOLOGIES, AND TECHNIQUES.

Section 106(b) of the Great Lakes Legacy Act of 2002 (33 U.S.C. 1271a(b)) is amended by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to amounts authorized under other laws, there is authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink





‘(A) $3,000,000 for each of the fiscal years 2004 through 2009; andCommentsClose CommentsPermalink





‘(B) $5,000,000 for each of the fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink

SEC. 5004. GREAT LAKES WATER QUALITY.

(a) Study- The Administrator of the Environmental Protection Agency, in consultation with the Secretary of State and the Government of Canada, shall conduct a study of the condition of wastewater treatment facilities located in the United States and Canada that discharge into the Great Lakes.CommentsClose CommentsPermalink





(b) Contents- In conducting the study, the Administrator shall--CommentsClose CommentsPermalink





(1) determine the effect that such treatment facilities have on the water quality of the Great Lakes; andCommentsClose CommentsPermalink





(2) develop recommendations--CommentsClose CommentsPermalink





(A) to improve water quality monitoring by the operators of such treatment facilities;CommentsClose CommentsPermalink





(B) to establish a protocol for improved notification and information sharing between the United States and Canada; andCommentsClose CommentsPermalink





(C) to promote cooperation between the United States and Canada to prevent the discharge of untreated and undertreated wastewater into the Great Lakes.CommentsClose CommentsPermalink





(c) Consultation- In conducting the study, the Administrator shall consult with the International Joint Commission.CommentsClose CommentsPermalink





(d) Report- Not later than 12 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study, together with the recommendations developed under subsection (b)(2).CommentsClose CommentsPermalink

TITLE VI--PHARMACEUTICALS AND PERSONAL CARE PRODUCTSCommentsClose CommentsPermalink

SEC. 6001. PRESENCE OF PHARMACEUTICALS AND PERSONAL CARE PRODUCTS IN WATERS OF THE UNITED STATES.

Section 104 (33 U.S.C. 1254) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(w) Presence of Pharmaceuticals and Personal Care Products in Waters of the United States-CommentsClose CommentsPermalink





‘(1) STUDY- The Administrator, in consultation with appropriate Federal agencies (including the National Institute of Environmental Health Sciences), shall conduct a study on the presence of pharmaceuticals and personal care products (in this subsection referred to as ‘PPCPs’) in the waters of the United States.CommentsClose CommentsPermalink





‘(2) CONTENTS- In conducting the study under paragraph (1), the Administrator shall--CommentsClose CommentsPermalink





‘(A) identify PPCPs that have been detected in the waters of the United States and the levels at which such PPCPs have been detected;CommentsClose CommentsPermalink





‘(B) identify the sources of PPCPs in the waters of the United States, including point sources and nonpoint sources of PPCP contamination; andCommentsClose CommentsPermalink





‘(C) identify methods to control, limit, treat, or prevent PPCPs in the waters of the United States.CommentsClose CommentsPermalink





‘(3) REPORT- Not later than 12 months after the date of enactment of this subsection, the Administrator shall submit to Congress a report on the results of the study conducted under this subsection, including the potential effects of PPCPs in the waters of the United States on human health and aquatic wildlife.CommentsClose CommentsPermalink





‘(4) PHARMACEUTICALS AND PERSONAL CARE PRODUCTS DEFINED- In this subsection, the terms ‘pharmaceuticals and personal care products’ and ‘PPCPs’ mean products used by individuals for personal health or cosmetic reasons or used to enhance growth or health of livestock.’.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUSCommentsClose CommentsPermalink

SEC. 7001. TASK FORCE ON PROPER DISPOSAL OF UNUSED PHARMACEUTICALS.

(a) In General- In furtherance of the national goals and policies set forth in section 101 of the Federal Water Pollution Control Act (33 U.S.C. 1251), the Administrator of the Environmental Protection Agency (in this Act referred to as the ‘Administrator’) shall convene a task force (in this Act referred to as the ‘task force’) to develop--CommentsClose CommentsPermalink





(1) recommendations on the proper disposal of unused pharmaceuticals by consumers, health care providers, and others, which recommendations shall--CommentsClose CommentsPermalink





(A) be calculated to prevent or reduce the detrimental effects on the environment and human health caused by introducing unused pharmaceuticals, directly or indirectly, into water systems; andCommentsClose CommentsPermalink





(B) provide for limiting the disposal of unused pharmaceuticals through treatment works in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); andCommentsClose CommentsPermalink





(2) a strategy for the Federal Government to educate the public on such recommendations.CommentsClose CommentsPermalink





(b) Membership- The task force shall be composed of--CommentsClose CommentsPermalink





(1) the Administrator (or the Administrator’s designee), who shall serve as the Chair of the task force;CommentsClose CommentsPermalink





(2) the Commissioner of Food and Drugs (or the Commissioner’s designee); andCommentsClose CommentsPermalink





(3) such other members as the Administrator may appoint.CommentsClose CommentsPermalink





(c) Report- Not later than 1 year after the date of the enactment of this Act, the task force shall submit a report to the Congress containing the recommendations and strategy required by subsection (a).CommentsClose CommentsPermalink





(d) Staff of Federal Agencies- Upon request of the task force, the head of any department or agency of the United States may detail any of the personnel of that department or agency to the task force to assist in carrying out its duties under this section.CommentsClose CommentsPermalink





(e) Termination- The task force shall terminate 180 days after submitting the report required by subsection (c).CommentsClose CommentsPermalink

TITLE VIII--OMB STUDYCommentsClose CommentsPermalink

SEC. 8001. EVALUATION USING PROGRAM ASSESSMENT RATING TOOL.

(a) Study- The Director of the Office of Management and Budget shall conduct a study to evaluate the programs authorized by this Act, including the amendments made by this Act, under the Program Assessment Rating Tool (PART) or a successor performance assessment tool that is developed by the Office of Management and Budget.CommentsClose CommentsPermalink





(b) Report- The Director shall transmit to Congress a report on the results of the study.CommentsClose CommentsPermalink

TITLE IX--CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERYCommentsClose CommentsPermalink

SEC. 9001. CHESAPEAKE BAY CROSSCUT BUDGET.

(a) Crosscut Budget- The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing--CommentsClose CommentsPermalink





(1) an interagency crosscut budget that displays--CommentsClose CommentsPermalink





(A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities;CommentsClose CommentsPermalink





(B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year;CommentsClose CommentsPermalink





(C) all expenditures for Federal restoration activities from the preceding 3 fiscal years, the current fiscal year, and the succeeding fiscal year; andCommentsClose CommentsPermalink





(D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C);CommentsClose CommentsPermalink





(2) a detailed accounting of all funds received and obligated by all Federal agencies for restoration activities during the current and preceding fiscal years, including the identification of funds which were transferred to a Chesapeake Bay State for restoration activities;CommentsClose CommentsPermalink





(3) to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; andCommentsClose CommentsPermalink





(4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including the--CommentsClose CommentsPermalink





(A) project description;CommentsClose CommentsPermalink





(B) current status of the project;CommentsClose CommentsPermalink





(C) Federal or State statutory or regulatory authority, programs, or responsible agencies;CommentsClose CommentsPermalink





(D) authorization level for appropriations;CommentsClose CommentsPermalink





(E) project timeline, including benchmarks;CommentsClose CommentsPermalink





(F) references to project documents;CommentsClose CommentsPermalink





(G) descriptions of risks and uncertainties of project implementation;CommentsClose CommentsPermalink





(H) adaptive management actions or framework;CommentsClose CommentsPermalink





(I) coordinating entities;CommentsClose CommentsPermalink





(J) funding history;CommentsClose CommentsPermalink





(K) cost-sharing; andCommentsClose CommentsPermalink





(L) alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and priorities.CommentsClose CommentsPermalink





(b) Minimum Funding Levels- The Director shall only describe restoration activities in the report required under subsection (a) that--CommentsClose CommentsPermalink





(1) for Federal restoration activities, have funding amounts greater than or equal to $100,000; andCommentsClose CommentsPermalink





(2) for State restoration activities, have funding amounts greater than or equal to $50,000.CommentsClose CommentsPermalink





(c) Deadline- The Director shall submit to Congress the report required by subsection (a) not later than 30 days after the submission by the President of the President’s annual budget to Congress.CommentsClose CommentsPermalink





(d) Report- Copies of the financial report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





(e) Effective Date- This section shall apply beginning with the first fiscal year after the date of enactment of this Act for which the President submits a budget to Congress.CommentsClose CommentsPermalink

SEC. 9002. ADAPTIVE MANAGEMENT PLAN.

(a) In General- Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal and State agencies, shall develop an adaptive management plan for restoration activities that includes--CommentsClose CommentsPermalink





(1) definition of specific and measurable objectives to improve water quality;CommentsClose CommentsPermalink





(2) a process for stakeholder participation;CommentsClose CommentsPermalink





(3) monitoring, modeling, experimentation, and other research and evaluation practices;CommentsClose CommentsPermalink





(4) a process for modification of restoration activities that have not attained or will not attain the specific and measurable objectives set forth under paragraph (1); andCommentsClose CommentsPermalink





(5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied.CommentsClose CommentsPermalink





(b) Implementation- The Administrator shall implement the adaptive management plan developed under subsection (a).CommentsClose CommentsPermalink





(c) Updates- The Administrator shall update the adaptive management plan developed under subsection (a) every 3 years.CommentsClose CommentsPermalink





(d) Report to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 60 days after the end of a fiscal year, the Administrator shall transmit to Congress an annual report on the implementation of the adaptive management plan required under this section for such fiscal year.CommentsClose CommentsPermalink





(2) CONTENTS- The report required under paragraph (1) shall contain information about the application of adaptive management to restoration activities and programs, including programmatic and project level changes implemented through the process of adaptive management.CommentsClose CommentsPermalink





(3) EFFECTIVE DATE- Paragraph (1) shall apply to the first fiscal year that begins after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 9003. DEFINITIONS.

In this title, the following definitions apply:CommentsClose CommentsPermalink





(1) ADAPTIVE MANAGEMENT- The term ‘adaptive management’ means a management technique in which project and program decisions are made as part of an ongoing science-based process. Adaptive management involves testing, monitoring, and evaluating applied strategies and incorporating new knowledge into programs and restoration activities that are based on scientific findings and the needs of society. Results are used to modify management policy, strategies, practices, programs, and restoration activities.CommentsClose CommentsPermalink





(2) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(3) CHESAPEAKE BAY STATE- The term ‘Chesapeake Bay State’ or ‘State’ means the States of Maryland, West Virginia, Delaware, and New York, the Commonwealths of Virginia and Pennsylvania, and the District of Columbia.CommentsClose CommentsPermalink





(4) CHESAPEAKE BAY WATERSHED- The term ‘Chesapeake Bay watershed’ means the Chesapeake Bay and the geographic area, as determined by the Secretary of the Interior, consisting of 36 tributary basins, within the Chesapeake Bay States, through which precipitation drains into the Chesapeake Bay.CommentsClose CommentsPermalink





(5) CHIEF EXECUTIVE- The term ‘chief executive’ means, in the case of a State or Commonwealth, the Governor of each such State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia.CommentsClose CommentsPermalink





(6) DIRECTOR- The term ‘Director’ means the Director of the Office of Management and Budget.CommentsClose CommentsPermalink





(7) RESTORATION ACTIVITIES- The term ‘restoration activities’ means any Federal or State programs or projects that directly or indirectly protect, conserve, or restore water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. Restoration activities may be categorized as follows:CommentsClose CommentsPermalink





(A) Physical restoration.CommentsClose CommentsPermalink





(B) Planning.CommentsClose CommentsPermalink





(C) Feasibility studies.CommentsClose CommentsPermalink





(D) Scientific research.CommentsClose CommentsPermalink





(E) Monitoring.CommentsClose CommentsPermalink





(F) Education.CommentsClose CommentsPermalink





(G) Infrastructure Development.CommentsClose CommentsPermalink

Passed the House of Representatives March 12, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

111th CONGRESS

1st Session

H. R. 1262

AN ACT

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink