[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 937 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 937
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
April 30, 2009
Mr. Lautenberg (for himself, Mr. Whitehouse, and Mr. Menendez)
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 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,
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 the 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) Definitions.--In this subsection:
``(A) Sanitary sewer overflow.--
``(i) In general.--The term `sanitary sewer
overflow' means an overflow, spill, release, or
diversion of wastewater from a sanitary sewer
system.
``(ii) Inclusions.--The term `sanitary
sewer overflow' includes--
``(I) overflows or releases of
wastewater that reach waters of the
United States;
``(II) overflows or releases of
wastewater in the United States that do
not reach waters of the United States;
and
``(III) wastewater backups into
buildings that are caused by blockages
or flow conditions in a sanitary sewer
other than a building lateral.
``(iii) Exclusions.--The term `sanitary
sewer overflow' does not include--
``(I) municipal combined sewer
overflows or other discharges from the
combined portion of a municipal
combined storm and sanitary sewer
system; or
``(II) wastewater backups into
buildings caused by a blockage or other
malfunction of a building lateral that
is privately owned.
``(B) Sewer overflow.--The term `sewer overflow'
means a sanitary sewer overflow or a municipal combined
sewer overflow.
``(C) Single-family residence.--
``(i) In general.--The term `single-family
residence' means an individual dwelling unit.
``(ii) Inclusions.--The term `single-family
residence' includes--
``(I) an apartment;
``(II) a condominium;
``(III) a house; and
``(IV) a dormitory.
``(iii) Exclusions.--The term `single-
family residence' does not include the common
areas of a multidwelling structure.
``(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--
``(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 the discharge
monitoring report of the owner or operator 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.
``(3) Exceptions.--
``(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.
``(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.
``(4) Report to epa.--Each State shall provide to the
Administrator annually a summary of sewer overflows that
occurred in the State.
``(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--
``(A) to establish a set of criteria to guide the
owner or operator of a publicly owned treatment works
in--
``(i) assessing whether a sewer overflow
may imminently and substantially endanger human
health; and
``(ii) developing communication measures
that are sufficient to give notice under
subparagraphs (B) and (C) of paragraph (2); and
``(B) to define the terms `feasible' and `timely'
as those terms apply to paragraph (2)(A), including
site specific conditions.
``(6) Approval of state notification programs.--
``(A) Requests for approval.--
``(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).
``(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.
``(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--
``(I) the scope of sewer overflows
for which notification is required;
``(II) the length of time during
which notification must be made;
``(III) the scope of persons that
must be notified of sewer overflows;
``(IV) the scope of enforcement
activities ensuring that notifications
of sewer overflows are made; and
``(V) such other factors as the
Administrator considers to be
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 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).
``(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.
``(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--
``(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 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).''.
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''.
SEC. 5. EFFECT OF ACT.
Nothing in this Act or an amendment made by this Act--
(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.); or
(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.
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