[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2080 Reported in Senate (RS)]
Calendar No. 1075
110th CONGRESS
2d Session
S. 2080
[Report No. 110-497]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2007
Mr. Lautenberg (for himself, Mr. Menendez, Mr. Cardin, Mr. Whitehouse,
and Mrs. Clinton) introduced the following bill; which was read twice
and referred to the Committee on Environment and Public Works
September 24 (legislative day, September 17), 2008
Reported by Mrs. Boxer, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Sewage Overflow Right-to-
Know Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the Centers for Disease Control and Prevention
estimate that there are 7,100,000 cases of mild to moderate,
and 560,000 cases of moderate to severe, infectious waterborne
disease in the United States each year;</DELETED>
<DELETED> (2) inadequately-treated sewage contains bacteria,
viruses, parasites, and worms that make individuals
ill;</DELETED>
<DELETED> (3) individuals who ingest or inhale inadequately-
treated sewage can contract gastroenteritis, hepatitis,
giardiasis, cryptosporidiosis, dysentery, and other
gastrointestinal and respiratory diseases;</DELETED>
<DELETED> (4) the Administrator of the Environmental
Protection Agency has estimated that between 1,800,000 and
3,500,000 individuals in the United States become ill every
year just from swimming in water contaminated by sanitary sewer
overflows;</DELETED>
<DELETED> (5) many sewer systems do not routinely monitor to
detect sewer overflows;</DELETED>
<DELETED> (6) public health authorities are not routinely
notified of sewer overflows that threaten public
health;</DELETED>
<DELETED> (7) better monitoring, reporting, and public
notification of sewer overflows could prevent millions of
individuals in the United States from becoming ill each
year;</DELETED>
<DELETED> (8) sewage treatment operators perform an
important job that--</DELETED>
<DELETED> (A) helps protect the public;
and</DELETED>
<DELETED> (B) is critical in achieving the goals of
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);</DELETED>
<DELETED> (9) the wastewater systems of the United States
are aging and require significant investment in traditional and
green infrastructure to prevent the occurrence of sewer
overflows; and</DELETED>
<DELETED> (10) public notification of sewer overflows that
threaten public health will--</DELETED>
<DELETED> (A) protect the public; and</DELETED>
<DELETED> (B) increase recognition and support for
needed investment in infrastructure to address
contaminated stormwater and sewer overflows.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> Section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362) is amended by adding at the end the following:</DELETED>
<DELETED> ``(25) Sanitary sewer overflow.--</DELETED>
<DELETED> ``(A) In general.--The term `sanitary
sewer overflow' means an overflow, spill, release, or
diversion of wastewater from a sanitary sewer
system.</DELETED>
<DELETED> ``(B) Inclusions.--The term `sanitary
sewer overflow' includes--</DELETED>
<DELETED> ``(i) an overflow or release of
wastewater that reaches waters of the United
States;</DELETED>
<DELETED> ``(ii) an overflow or release of
wastewater that does not reach waters of the
United States; and</DELETED>
<DELETED> ``(iii) a wastewater backup into a
building that is caused by a blockage or flow
conditions in a sanitary sewer other than a
building lateral.</DELETED>
<DELETED> ``(C) Exclusions.--The term `sanitary
sewer overflow' does not include--</DELETED>
<DELETED> ``(i) a combined sewer overflow or
other discharge from the combined portions of a
combined sewer system; or</DELETED>
<DELETED> ``(ii) a wastewater backup into a
building caused by a blockage or other
malfunction of a building lateral that is
privately owned.</DELETED>
<DELETED> ``(26) Combined sewer overflow.--The term
`combined sewer overflow' means an overflow, spill, release, or
diversion of wastewater from a combined sanitary system at a
point prior to the publicly owned treatment works treatment
plant.</DELETED>
<DELETED> ``(27) Sewer overflow.--The term `sewer overflow'
means a sanitary sewer overflow or a combined sewer
overflow.''.</DELETED>
<DELETED>SEC. 4. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF
SEWER OVERFLOWS.</DELETED>
<DELETED> Section 402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) is amended by adding at the end the following:</DELETED>
<DELETED> ``(r) Sewer Overflow Notifications.--</DELETED>
<DELETED> ``(1) General requirements.--Not later than 1 year
after the date of enactment of this subsection, the owner or
operator of a publicly owned treatment works (as defined in
section 403.3 of title 40, Code of Federal Regulations (as in
effect on March 1, 2007)) under a permit issued under this
section shall--</DELETED>
<DELETED> ``(A) institute and use a methodology,
technology, or management program that will alert the
owner or operator to the occurrence of a sewer overflow
in a timely manner;</DELETED>
<DELETED> ``(B) notify the public of a sewer
overflow in any area in which the overflow has the
potential to affect human health;</DELETED>
<DELETED> ``(C) notify the public as soon as
practicable, but not later than 24 hours, after the
time at which the owner or operator becomes aware of
the overflow;</DELETED>
<DELETED> ``(D) immediately notify public health
authorities and other affected entities, such as public
water systems, of any sewer overflow that may
imminently and substantially endanger human
health;</DELETED>
<DELETED> ``(E) provide to the Administrator (or the
State, in the case of a State that has a permit program
approved under this section) an oral or electronic
report as soon as practicable, but not later than 24
hours, after the time at which the owner or operator
becomes aware of the overflow;</DELETED>
<DELETED> ``(F) provide to the Administrator or the
State, as the case may be, not later than 5 days after
the time at which the owner or operator becomes aware
of the overflow a written report describing--</DELETED>
<DELETED> ``(i) the magnitude, duration, and
suspected cause of the overflow;</DELETED>
<DELETED> ``(ii) the steps taken or planned
to reduce, eliminate, and prevent recurrence of
the overflow; and</DELETED>
<DELETED> ``(iii) the steps taken or planned
to mitigate the impact of the
overflow;</DELETED>
<DELETED> ``(G) report all sewer overflows to waters
of the United States on the monthly discharge
monitoring report of the owner or operator to the
Administrator or the State, as the case may be;
and</DELETED>
<DELETED> ``(H) report to the Administrator or the
State, as the case may be, the total number of sewer
overflows (including sewer overflows that do not reach
any waters of the United States) in a calendar year,
including a detailed description of--</DELETED>
<DELETED> ``(i) the quantity of wastewater
that was released per incident;</DELETED>
<DELETED> ``(ii) the duration of each sewer
overflow;</DELETED>
<DELETED> ``(iii) the location of the
overflow and any potentially affected receiving
water;</DELETED>
<DELETED> ``(iv) the responses taken to
clean up the overflow; and</DELETED>
<DELETED> ``(v) the actions taken to
mitigate impacts and avoid further sewer
overflows at the site.</DELETED>
<DELETED> ``(2) Report to epa.--If a State receives a report
under paragraph (1)(H), the State shall report to the
Administrator annually, in summary, the details of reported
sewer overflows that occurred in the State.''.</DELETED>
<DELETED>SEC. 5. ELIGIBILITY FOR ASSISTANCE.</DELETED>
<DELETED> Section 603(c) of the Federal Water Pollution Control Act
(33 U.S.C. 1383(c)) is amended--</DELETED>
<DELETED> (1) by striking ``and'' the first place it
appears; and</DELETED>
<DELETED> (2) by inserting after ``320 of this Act'' the
following: ``, and (4) for the implementation of requirements
to monitor, report, and notify the public of sewer overflows
under section 402(r)''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sewage Overflow Community Right-to-
Know Act''.
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:
``(26) Treatment works.--The term `treatment works' has the
meaning given that term in section 212.''.
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:
``(s) Sewer Overflow Monitoring, Reporting, and Notifications.--
``(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--
``(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;
``(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;
``(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;
``(D) report each sewer overflow on its discharge
monitoring report to the Administrator or the State, as
the case may be, by describing--
``(i) the magnitude, duration, and
suspected cause of the overflow;
``(ii) the steps taken or planned to
reduce, eliminate, or prevent recurrence of the
overflow; and
``(iii) the steps taken or planned to
mitigate the impact of the overflow; and
``(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--
``(i) the details of how much wastewater
was released per incident;
``(ii) the duration of each sewer overflow;
``(iii) the location of the overflow and
any potentially affected receiving waters;
``(iv) the responses taken to clean up the
overflow; and
``(v) the actions taken to mitigate impacts
and avoid further sewer overflows at the site.
``(2) Exceptions.--
``(A) Notification requirements.--The notification
requirements of paragraphs (1)(B) and (1)(C) shall not
apply a sewer overflow that is a wastewater backup into
a single-family residence.
``(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.
``(3) Report to epa.--Each State shall provide to the
Administrator annually a summary of sewer overflows that
occurred in the State.
``(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--
``(A) establish a set of criteria to guide the
owner or operator of a publicly owned treatment works
in--
``(i) assessing whether a sewer overflow
has the potential to affect human health or may
imminently and substantially endanger human
health; and
``(ii) developing communication measures
that are sufficient to give notice under
paragraphs (1)(B) and (1)(C); and
``(B) define the terms `feasible' and `timely' as
such terms apply to paragraph (1)(A), including site
specific conditions.
``(5) Approval of state notification programs.--
``(A) Requests for approval.--
``(i) In general.--After the date of
issuance of regulations under paragraph (4), a
State may submit to the Administrator evidence
that the State has in place a legally
enforceable notification program that is
substantially equivalent to the requirements of
paragraphs (1)(B) and (1)(C).
``(ii) Program review and authorization.--
If the evidence submitted by a State under
clause (i) shows the notification program of
the State to be substantially equivalent to the
requirements of paragraphs (1)(B) and (1)(C),
the Administrator shall authorize the State to
carry out such program instead of the
requirements of paragraphs (1)(B) and (1)(C).
``(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.
``(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).
``(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.
``(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--
``(A) apply to the owner or operator of a publicly
owned treatment works and be subject to enforcement
under section 309, and
``(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),
until such date as a permit is issued, renewed, or modified
under this section for the treatment works in accordance with
paragraph (1).
``(7) Definitions.--In this subsection, the following
definitions apply:
``(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 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.
``(B) Sewer overflow.--The term `sewer overflow'
means a sanitary sewer overflow or a municipal combined
sewer overflow.
``(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.''.
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--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320'' the following: ``,
and (4) for the implementation of requirements to monitor for
sewer overflows under section 402''.
(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--
(1) by striking ``and'' the first place it appears; and
(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''.
Calendar No. 1075
110th CONGRESS
2d Session
S. 2080
[Report No. 110-497]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 24 (legislative day, September 17), 2008
Reported with an amendment