[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3570 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3570

     To amend the Federal Water Pollution Control Act to establish 
 nationally consistent requirements for controlling urban wet weather 
  flows, to provide additional funds to municipalities to meet those 
                 requirements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2000

Mr. LaTourette (for himself and Mr. Pascrell) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Water Pollution Control Act to establish 
 nationally consistent requirements for controlling urban wet weather 
  flows, to provide additional funds to municipalities to meet those 
                 requirements, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urban Wet Weather Priorities Act of 
2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Wet weather flows, including combined sewer overflows, 
        sanitary sewer overflows, stormwater runoff, and nonpoint 
        source discharges constitute the largest remaining challenge to 
        achieving the goals of the Federal Water Pollution Control Act.
            (2) To effectively control wet weather flows, national 
        regulatory requirements must be in place to provide 
        municipalities with clear and achievable goals that allow them 
        to prioritize the expenditure of limited local funds, and that 
        are consistent within and among the regions of the United 
        States and the States.
            (3) The Combined Sewer Overflow Control Policy signed by 
        the Administrator of the Environmental Protection Agency on 
        April 11, 1994, has not been fully recognized as binding 
        authority, leaving those affected municipalities unsure of the 
        appropriate control standards.
            (4) In the absence of a national policy clarifying the 
        appropriate control standard for sanitary sewer overflows, 
        municipalities are being subject to the inconsistent exercise 
        of enforcement discretion of each region or State without the 
        benefit of a clearly defined control standard.
            (5) In recognition of the unique nature of municipal 
        stormwater runoff, Congress established a distinct compliance 
        standard for municipal separate storm sewer system control 
        programs which is to be based on the implementation of best 
        management practices and the reduction of pollutants to the 
        maximum extent practicable.
            (6) An effective solution to the problems associated with 
        wet weather flows can be attained through a coordinated urban 
        watershed management approach to rules, policies, and 
        guidelines for wet weather flows.
            (7) Current funding sources for the construction and 
        modernization of publicly owned treatment works are 
        insufficient to assist municipalities in meeting wet weather 
        control mandates.
    (b) Purposes.--The purposes of this Act are--
            (1) to achieve national consistency in the regulation of 
        urban wet weather flows;
            (2) to codify the Combined Sewer Overflow Control Policy 
        signed by the Administrator of the Environmental Protection 
        Agency on April 11, 1994, to establish a clear and nationally 
        consistent approach;
            (3) to direct the Environmental Protection Agency to 
        develop, through direct consultation with municipalities and 
        others, a national sanitary sewer overflow program which is 
        uniformly adopted in all regions of the United States and all 
        States;
            (4) to clarify that the original intent of Congress with 
        respect to the appropriate compliance standard for 
        municipalities subject to such Act's municipal separate storm 
        sewer system control requirements was to require the 
        implementation of best management practices and not to impose 
        numerical discharge standards;
            (5) to develop information to exhibit the effectiveness of 
        managing urban wet weather flows using a watershed management 
        framework and to evaluate the effectiveness of available best 
        management practices to control stormwater runoff; and
            (6) to establish a wet weather grants program to assist 
        municipalities in addressing the impacts of urban wet weather 
        discharges.

SEC. 3. COMBINED 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:
    ``(q) Combined Sewer Overflows.--
            ``(1) Requirement for permits, orders, and decrees.--Each 
        permit, order, or decree issued pursuant to this section for a 
        discharge from a combined storm and sanitary sewer shall 
        conform to the Combined Sewer Overflow Control Policy signed by 
        the Administrator on April 11, 1994, as amended by this Act.
            ``(2) Term of permit, order, or decree.--
                    ``(A) Authority to issue.--Notwithstanding any 
                schedule for compliance under section 301(b) or any 
                permit limitation authorized by subsection (b)(1)(B), 
                the Administrator or a State with a program approved 
                under subsection (b) may issue or execute a permit, 
                order, or decree consistent with this section for a 
                discharge from a combined storm and sanitary sewer.
                    ``(B) Schedule for compliance.--A permit, order, or 
                decree issued or executed under subparagraph (A) shall 
                include a schedule for compliance, within a period of 
                not to exceed 15 years, with a long-term control plan 
                under the policy referred to in paragraph (1).''.

SEC. 4. SANITARY SEWER OVERFLOWS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is further amended by adding at the end the following:
    ``(r) Sanitary Sewer Overflows.--
            ``(1) Development of regulations.--Not later than May 29, 
        2001, the Administrator, in consultation with State, municipal, 
        and wastewater authorities, shall issue regulations which 
        establish a comprehensive program to control discharges from 
        municipal separate sanitary sewer overflows.
            ``(2) Program elements.--The program shall provide for the 
        following:
                    ``(A) General prohibition.--A prohibition on 
                sanitary sewer overflows, except those overflows which 
                are unavoidable. Municipal separate sanitary sewer 
                systems shall not be liable for those overflows which 
                are unavoidable.
                    ``(B) Minimum procedures.--Development by the 
                Administrator, in consultation with municipalities and 
                wastewater authorities, of minimum operational 
                procedures as guidance for use by operators of 
                municipal separate sanitary sewer systems for 
                identification of sanitary sewer overflows, immediate 
                overflow response, proper operation and maintenance, 
                and new sewer and service lateral installation.
                    ``(C) Remediation.--
                            ``(i) System-specific control plans.--If 
                        avoidable and repeated sanitary sewer overflows 
                        occur following implementation of the minimum 
                        operational procedures under subparagraph (B), 
                        a system-specific control plan that establishes 
                        priorities for addressing such overflows shall 
                        be developed and implemented by the permittee, 
                        after approval by the permitting authority. The 
                        control plan shall provide for short-term and 
                        long-term remediation in accordance with this 
                        subparagraph.
                            ``(ii) Short-term remediation.--The control 
                        plan under this subparagraph shall provide for 
                        short-term remediation of those sanitary sewer 
                        overflows that pose immediate and significant 
                        health risks or environmental impacts or which 
                        can be addressed without conducting a complex 
                        analysis of the system, including procedures 
                        for dry weather operation and maintenance, dry 
                        weather capacity, wet weather operation and 
                        maintenance, wet weather preventative 
                        maintenance and minor capital improvement, and 
                        wet weather capacity and rapid solution.
                            ``(iii) Long-term remediation.--The control 
                        plan under this subparagraph shall provide for 
                        any other chronic wet weather or avoidable and 
                        repeated dry weather sanitary sewer overflow, 
                        long-term remediation, including a combination 
                        of activities to remove extraneous peak flow 
                        sources, improve conveyance capacity, improve 
                        treatment plant capacity, and provide 
                        additional storage.
                            ``(iv) Guidance.--The Administrator shall 
                        develop guidance for determining the type of 
                        short-term and long-term remediation necessary 
                        based on the relative impacts to public health 
                        and environment.
                            ``(v) Wet weather treatment.--Under the 
                        control plan, discharges from the sanitary 
                        sewer collection system via wet weather 
                        facilities, at less than the equivalent of 
secondary treatment that meets technology-based standards of this Act, 
are authorized in accordance with clauses (vi) and (vii).
                            ``(vi) Temporary measures.--Under clause 
                        (v), a temporary discharge (which is part of an 
                        interim measure before completion of the long-
                        term control plan) from a wet weather facility 
                        is authorized if such discharge reduces health 
                        risks by strategically locating discharges to 
                        lower risk areas in a way that reduces or 
                        eliminates the occurrence of overflows to 
                        sensitive receiving waters and the occurrence 
                        of sewage spills and basement backups in other 
                        parts of the collection system until other 
                        steps to rehabilitate the collection system are 
                        taken. If temporary discharges from a wet 
                        weather facility are approved by the permitting 
                        authority, either a permit or an enforcement 
                        order must provide interim milestones for 
                        constructing, operating, and terminating the 
                        discharges.
                            ``(vii) Long-term facilities.--Under clause 
                        (v), a discharge from a long-term wet weather 
                        facility is authorized if the discharge is part 
                        of a comprehensive remediation plan. The plan 
                        shall include measures to manage peak flow 
                        (such as removal of sources of peak flows, 
                        improved conveyance and treatment plant 
                        capacity, management of future system 
                        deterioration, or additional storage) if the 
                        municipality demonstrates to the permitting 
                        authority that additional peak flow reduction 
                        measures are not feasible on the basis of the 
                        technical limitations of control techniques, 
                        financial capability of the municipality, or 
                        cost effectiveness of the measures. The plan 
                        shall demonstrate that wet weather discharges 
                        will not interfere with the attainment or 
                        maintenance of the water quality based 
                        requirements of this Act and that future system 
                        deterioration will be adequately addressed. The 
                        plan shall provide the public with an 
                        opportunity to review alternatives before a 
                        decision is made.
                    ``(D) Jurisdictional issues.--If a collection 
                system is connected to a publicly-owned treatment works 
                and the collection system and treatment works are not 
                operated by the same municipal entity, a description of 
                acceptable mechanisms (other than permits under this 
                section), that assign responsibilities for proper 
                operation and maintenance of the collection system, 
                shall be developed by the Administrator. Such 
                mechanisms may include interagency or 
                intrajurisdictional agreements, permits, local 
                ordinances, or similar enforceable instruments. Such an 
                approved operation and maintenance instrument shall be 
                obtained by the collection system within a specified 
                time. If such instrument has not been obtained after 
                sufficient time has elapsed, the Administrator may 
                issue a separate permit to the collection system under 
                this section. In addition, the treatment works may, at 
                any time, petition the Administrator for 2 separate 
                permits, one for discharges from the treatment works 
                and one for discharges from the collection system.
            ``(3) Compliance deadline.--Notwithstanding any compliance 
        schedule under section 301(b), or any permit limitation under 
        subsection (b)(1)(B), the Administrator or a State with a 
        program approved under subsection (b) may issue a permit 
        pursuant to this section for a discharge from a municipal 
        separate sanitary sewer due to stormwater inflows or 
        infiltration. The permit shall include, at a minimum, a 
        schedule for compliance with a system-specific control plan 
        under the regulations issued under paragraph (1), for a term 
        not to exceed 15 years; except that the Administrator or the 
        State (as the case may be) may grant a compliance schedule of 
        longer than 15 years if compliance within 15 years is not 
        within the economic capability of the owner or operator.
            ``(4) Unavoidable overflows defined.--In this section, the 
        term `unavoidable overflows' means--
                    ``(A) discharges that are necessary to prevent loss 
                of life, personal injury, or severe property damage; 
                and
                    ``(B) discharges that are temporary, exceptional 
                incidents beyond the reasonable control of the 
                operator, such as exceptional acts of nature, wet 
                weather conditions beyond a system-specific control 
                plan in an approved facility plan or other remediation 
                plan that is currently approved by the Administrator, 
                third party actions that could not be reasonably 
                prevented, blockages that could not be avoided through 
                reasonable measures, and unforeseen sudden structural, 
                mechanical, or electrical failure that is beyond the 
                control of the permittee.''.

SEC. 5. MUNICIPAL STORMWATER DISCHARGES.

    Section 402(p) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(p)) is amended by adding at the end the following:
            ``(7) Special rules.--
                    ``(A) Maximum extent practicable defined.--For the 
                purposes of paragraph (3)(B)(iii), the term `maximum 
                extent practicable' means the greatest degree of 
                pollutant reduction achievable through the application 
                of the best available, technically feasible, cost 
                effective, and economically achievable storm water 
                control practices, technologies, processes, siting 
                criteria, operating methods, or other alternatives that 
                do not require the construction of treatment works. 
                This definition applies to any discharges covered under 
                paragraphs (2)(C), (2)(D), and (2)(E) of this 
                subsection or as a result of a regulation issued under 
                paragraph (6).
                    ``(B) Compliance with certain requirements.--
                Implementation of stormwater best management practices 
                shall be the basis on which to determine compliance 
                with the water quality and technology based 
                requirements of this Act. If continuing water quality 
                impairments directly associated with municipal wet 
                weather discharges continue to occur after the 
                implementation of best management practices, 
                adjustments to the plans and practices may be required 
                to further reduce the impacts of these discharges. 
                Neither the Administrator nor the State, in the case of 
                a State with authority to issue permits under this 
                section, may require, in a permit issued for discharges 
                from municipal separate storm sewers, compliance with 
                numeric effluent limitations, or fixed numeric 
                pollutant load reductions.''.

SEC. 6. URBAN WET WEATHER GRANT PROGRAM.

    The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is 
amended by adding at the end the following new title:

             ``TITLE VII--URBAN WET WEATHER GRANT PROGRAMS

``SEC. 701. URBAN WET WEATHER WATERSHED DEMONSTRATION PROJECTS.

    ``(a) In General.--The Administrator shall conduct municipal 
demonstration projects relating to the following areas of wet weather 
discharge control:
            ``(1) Watershed management of wet weather discharges.--The 
        management of urban wet weather flows, such as combined sewer 
        overflows, sanitary sewer overflows, and urban stormwater 
        runoff, on a watershed or subwatershed basis.
            ``(2) Stormwater best management practices.--The control of 
        pollutants from separate storm sewer systems for the purpose of 
        demonstrating and determining controls that are cost-effective 
        in reducing such pollutants from urban stormwater runoff.
    ``(b) Administration.--The Administrator shall afford those 
participating municipalities the maximum flexibility possible to engage 
in innovative practices, including the ability to unify separate wet 
weather control efforts under one coordinated approach. Projects should 
utilize a watershed approach to control the cumulative wet weather 
flows from an urban area.
    ``(c) Funding.--There is authorized to be appropriated to carry out 
this section $10,000,000 for fiscal year 2000, $15,000,000 for fiscal 
year 2001, and $20,000,000 for fiscal year 2002. Such funds shall 
remain available until expended.

``SEC. 702. WET WEATHER GRANTS.

    ``(a) In General.--The Administrator may make grants to any 
municipality or local government entity for the following:
            ``(1) Wet weather facilities.--Planning, design, 
        construction of facilities to intercept, transport, or control 
        flows from separate storm sewer systems, combined sewers, and 
        sanitary sewers.
            ``(2) Wet weather management practices.--Planning and 
        implementation of urban wet weather control measures and 
        management practices.
            ``(3) Urban watershed management plans.--Development and 
        implementation of urban watershed management plans.
    ``(b) Recipients.--The grants may only be awarded to a municipality 
or local government, intermunicipal agency, regional sewer district, or 
interstate agency.
    ``(c) Federal Share.--The Federal share of the cost of activities 
carried out using amounts from a grant made under this section shall be 
at least 55 percent. The non-Federal share of the cost may include, in 
any amount, public and private funds and in-kind services.
    ``(d) Authorized Funding.--There is authorized to be appropriated 
to carry out this section $500,000,000 for fiscal year 2000, 
$1,000,000,000 for fiscal year 2001, and $1,500,000,000 for fiscal year 
2002. Such sums shall remain available until expended.
    ``(e) Report to Congress.--On or before January 1, 2002, and once 
every 2 years thereafter, the Administrator shall transmit to Congress 
a report containing recommended funding levels for the 2 fiscal years 
following the date of the report for activities under subsection 
(a).''.
                                 <all>