S 937 IS

To amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, and for other purposes.CommentsClose CommentsPermalink

April 30, 2009CommentsClose CommentsPermalink

Mr. LAUTENBERG (for himself, Mr. WHITEHOUSE, and Mr. MENENDEZ, Mrs. BOXER, Ms. KLOBUCHAR, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, 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





‘(26) TREATMENT WORKS- The term ‘treatment works’ has the meaning given the 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





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





‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





‘(A) SANITARY SEWER OVERFLOW-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘sanitary sewer overflow’ means an overflow, spill, release, or diversion of wastewater from a sanitary sewer system.CommentsClose CommentsPermalink





‘(ii) INCLUSIONS- The term ‘sanitary sewer overflow’ includes--CommentsClose CommentsPermalink





‘(I) overflows or releases of wastewater that reach waters of the United States;CommentsClose CommentsPermalink





‘(II) overflows or releases of wastewater in the United States that do not reach waters of the United States; andCommentsClose CommentsPermalink





‘(III) wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral.CommentsClose CommentsPermalink





‘(iii) EXCLUSIONS- The term ‘sanitary sewer overflow’ does not include--CommentsClose CommentsPermalink





‘(I) municipal combined sewer overflows or other discharges from the combined portion of a municipal combined storm and sanitary sewer system; orCommentsClose CommentsPermalink





‘(II) wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned.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-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘single-family residence’ means an individual dwelling unit.CommentsClose CommentsPermalink





‘(ii) INCLUSIONS- The term ‘single-family residence’ includes--CommentsClose CommentsPermalink





‘(I) an apartment;CommentsClose CommentsPermalink





‘(II) a condominium;CommentsClose CommentsPermalink





‘(III) a house; andCommentsClose CommentsPermalink





‘(IV) a dormitory.CommentsClose CommentsPermalink





‘(iii) EXCLUSIONS- The term ‘single-family residence’ does not include the common areas of a multidwelling structure.CommentsClose CommentsPermalink





‘(2) GENERAL REQUIREMENTS- After the last day of the 180-day period beginning on the date on which regulations are promulgated under paragraph (5), 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 the discharge monitoring report of the owner or operator 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





‘(3) EXCEPTIONS-CommentsClose CommentsPermalink





‘(A) NOTIFICATION REQUIREMENTS- The notification requirements of subparagraphs (B) and (C) of paragraph (2) 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 subparagraphs (D) and (E) of paragraph (2) 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





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





‘(5) RULEMAKING BY EPA- Not later than 1 year after the date of enactment of this subsection, the Administrator, after providing notice and an opportunity for public comment, shall promulgate regulations to implement this subsection, including regulations--CommentsClose CommentsPermalink





‘(A) to 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 may imminently and substantially endanger human health; andCommentsClose CommentsPermalink





‘(ii) developing communication measures that are sufficient to give notice under subparagraphs (B) and (C) of paragraph (2); andCommentsClose CommentsPermalink





‘(B) to define the terms ‘feasible’ and ‘timely’ as those terms apply to paragraph (2)(A), including site specific conditions.CommentsClose CommentsPermalink





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





‘(A) REQUESTS FOR APPROVAL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- After the date of promulgation of regulations under paragraph (5), 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 subparagraphs (B) and (C) of paragraph (2).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 subparagraphs (B) and (C) of paragraph (2), the Administrator shall authorize the State to carry out that program instead of those requirements.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--CommentsClose CommentsPermalink





‘(I) the scope of sewer overflows for which notification is required;CommentsClose CommentsPermalink





‘(II) the length of time during which notification must be made;CommentsClose CommentsPermalink





‘(III) the scope of persons that must be notified of sewer overflows;CommentsClose CommentsPermalink





‘(IV) the scope of enforcement activities ensuring that notifications of sewer overflows are made; andCommentsClose CommentsPermalink





‘(V) such other factors as the Administrator considers to be 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 promulgation of regulations under paragraph (5), the requirements of subparagraphs (B) and (C) of paragraph (2) 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 subparagraphs (B) and (C) of paragraph (2) with respect to the State.CommentsClose CommentsPermalink





‘(7) SPECIAL RULES CONCERNING APPLICATION OF NOTIFICATION REQUIREMENTS- After the last day of the 30-day period beginning on the date of promulgation of regulations under paragraph (5), the requirements of subparagraphs (B) and (C) of paragraph (2) 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 subparagraphs (B) and (C) of paragraph (2), until such date as a permit is issued, renewed, or modified under this section for the treatment works in accordance with paragraph (2).’.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

SEC. 5. EFFECT OF ACT.

Nothing in this Act or an amendment made by this Act--CommentsClose CommentsPermalink





(1) limits the ability of any State to implement or enforce a more stringent monitoring or notification standard than the applicable standard under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); orCommentsClose CommentsPermalink





(2) authorizes any sewer overflow, or supplants or diminishes any obligation to comply with any other requirement under this chapter or any other Federal or State law.CommentsClose CommentsPermalink