[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 914 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 914

   To amend the Federal Water Pollution Control Act to require that 
   discharges from combined storm and sanitary sewers conform to the 
Combined Sewer Overflow Control Policy of the Environmental Protection 
                    Agency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 1999

  Mr. Smith of New Hampshire (for himself, Ms. Snowe, Mr. Warner, Mr. 
   Voinovich, Ms. Collins, Mr. Abraham, Mr. Robb, Mr. Hagel, and Mr. 
    Lugar), introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to require that 
   discharges from combined storm and sanitary sewers conform to the 
Combined Sewer Overflow Control Policy of the Environmental Protection 
                    Agency, 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 ``Combined Sewer Overflow Control and 
Partnership Act of 1999''.

SEC. 2. 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 under this Act 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.
            ``(2) Term of permit, order, or decree.--
                    ``(A) Authority to issue.--Notwithstanding any 
                schedule for compliance authorized by section 301(b), 
                or any permit limitation authorized by subsection 
                (b)(1)(B) of this section, the Administrator or the 
                State (in the case of 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.--
                            ``(i) In general.--A permit, order, or 
                        decree issued under subparagraph (A) shall 
                        include a schedule for compliance, within a 
                        period not to exceed 15 years, with a long-term 
                        control plan under the Control Policy referred 
                        to in paragraph (1).
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), a compliance schedule of longer than 15 
                        years may be granted if the owner or operator 
                        demonstrates to the satisfaction of the 
                        Administrator or the State, as appropriate, 
                        reasonable further progress towards compliance 
                        with a long-term plan under the Control Policy 
                        and if the Administrator or the State, as 
                        appropriate, determines that--
                                    ``(I) compliance within 15 years is 
                                not within the economic capability of 
                                the owner or operator; or
                                    ``(II) a longer period is otherwise 
                                appropriate.
            ``(3) Water quality standards-designated use review.--
                    ``(A) In general.--No permit, order, or decree 
                issued under this Act should require compliance with 
                water quality-based requirements contained in a long-
                term control plan under the Control Policy referred to 
                in paragraph (1) unless the Administrator or the State, 
                as appropriate, has completed the water quality 
                standards-designated use review process called for in 
                the Control Policy, including the adoption of any 
                refinements needed--
                            ``(i) to reflect the site-specific wet 
                        weather impact of combined sewer overflows; and
                            ``(ii) to ensure that the long-term control 
                        plan provides for cost-effective compliance 
                        with water quality standards.
                    ``(B) Inclusion of watershed.--Consideration shall 
                be given to conducting these reviews on a watershed 
                basis where appropriate.
                    ``(C) Savings provision.--Nothing in this 
                subsection affects the authority to conduct or 
                scheduling of water quality standard reviews required 
                under section 303(c).
            ``(4) Guidance.--Not later than March 15, 2000, the 
        Administrator shall develop and publish for implementation by 
        the States and by regions of the Environmental Protection 
        Agency, the guidance document recommended by H. Rept. No. 105-
        769 at 280 (1998) (conference report on H.R. 4194), to 
        facilitate water quality and designated use reviews.
            ``(5) Grants.--
                    ``(A) In general.--The Administrator may make 
                grants to any municipality or municipal entity for 
                planning, design, and construction of facilities to 
                intercept, transport, control, or treat combined storm 
                and sanitary sewer flows.
                    ``(B) Federal share.--
                            ``(i) In general.--The Federal share of the 
                        cost of activities carried out using amounts 
                        from a grant made under subparagraph (A) shall 
                        be at least 55 percent of the cost as 
                        determined by the Administrator.
                            ``(ii) Non-federal share.--The non-Federal 
                        share of the cost may include, in any amount, 
                        public and private funds and in-kind services.
                    ``(C) Reports.--Not later than January 1, 2004, and 
                once every 2 years thereafter, the Administrator shall 
                submit to Congress a report containing recommended 
                funding levels for the 2 fiscal years following the 
                date of the report for activities relating to combined 
                storm and sanitary sewer flows described in 
                subparagraph (A).
                    ``(D) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph, to remain available until expended--
                            ``(i) $500,000,000 for fiscal year 2000;
                            ``(ii) $750,000,000 for fiscal year 2001; 
                        and
                            ``(iii) $1,000,000,000 for each of fiscal 
                        years 2002 through 2004.''.
                                 <all>