[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3388 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3388

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

                             July 16, 2012

     Mr. Lautenberg (for himself, Mr. Schumer, Mr. Cardin, and Mr. 
  Whitehouse) 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 applicable, 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 use 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 applicable, 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 applicable, 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--
                            ``(i) occurs in the course of maintenance 
                        of the treatment works;
                            ``(ii) is managed consistently with the 
                        best management practices of the treatment 
                        works; and
                            ``(iii) is intended to prevent sewer 
                        overflows.
            ``(4) Report to epa.--Each State shall provide to the 
        Administrator annually a summary of sewer overflows that occur 
        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 on which 
                        regulations are promulgated 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 number 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) in 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 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 the 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.--Beginning on the day after the 30-day period 
        that begins 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.);
            (2) authorizes any sewer overflow; or
            (3) supplants or diminishes any obligation to comply with 
        any requirement of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.) or any other Federal or State law.
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