[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6967 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6967

  To amend the Federal Water Pollution Control Act to prohibit sewage 
         dumping into the Great Lakes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2018

 Mr. Lipinski 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 prohibit sewage 
         dumping into the Great Lakes, 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 ``Great Lakes Water Protection Act''.

SEC. 2. RESTRICTION ON WASTEWATER RELEASES INTO THE GREAT LAKES SYSTEM.

    (a) In General.--
            (1) Restriction.--Section 402 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342) is amended by adding at 
        the end the following:
    ``(s) Restriction on Wastewater Releases Into the Great Lakes 
System.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Bypass.--The term `bypass' means, with 
                respect to a treatment facility that discharges into 
                the Great Lakes System, an intentional diversion of 
                waste streams from any portion of the treatment 
                facility.
                    ``(B) Great lakes system.--The term `Great Lakes 
                System' has the meaning given the term in section 
                118(a)(3).
                    ``(C) Treatment facility.--The term `treatment 
                facility' includes all wastewater treatment units used 
                by a publicly owned treatment works to meet secondary 
                treatment standards or higher, as required to attain 
                water quality standards, under any operating 
                conditions.
                    ``(D) Treatment works.--The term `treatment works' 
                has the meaning given the term in section 212.
            ``(2) Restriction.--A publicly owned treatment works that 
        discharges into the Great Lakes System is prohibited from 
        performing a bypass unless--
                    ``(A)(i) the bypass is unavoidable to prevent loss 
                of life, personal injury, or severe property damage;
                    ``(ii) there is not a feasible alternative to the 
                bypass, such as the use of auxiliary treatment 
                facilities, retention of untreated wastes, or 
                maintenance during normal periods of equipment 
                downtime; and
                    ``(iii) the treatment works provides notice of the 
                bypass in accordance with this subsection; or
                    ``(B) the bypass does not cause effluent 
                limitations to be exceeded, and the bypass is for 
                essential maintenance to ensure efficient operation of 
                the treatment facility.
            ``(3) Limitation.--The requirement of paragraph (2)(A)(ii) 
        is not satisfied if--
                    ``(A) adequate back-up equipment should have been 
                installed in the exercise of reasonable engineering 
                judgment to prevent the bypass; and
                    ``(B) the bypass occurred during normal periods of 
                equipment downtime or preventive maintenance.
            ``(4) Notice requirements.--
                    ``(A) In general.--The Administrator, in 
                collaboration with States having publicly owned 
                treatment works subject to paragraph (2), shall 
                establish notice requirements, which shall provide for 
                the method, contents, and public availability of the 
                notice, for bypasses (other than bypasses described in 
                paragraph (2)(B)) and combined sewer overflows.
                    ``(B) Initial notice requirements.--In carrying out 
                subparagraph (A), the Administrator, in collaboration 
                with States described in such subparagraph, shall 
                require an initial notice--
                            ``(i) to be made as soon as possible after 
                        a bypass (other than a bypass described in 
                        paragraph (2)(B)) or a combined sewer overflow 
                        occurs; and
                            ``(ii) to include, at a minimum--
                                    ``(I) the exact dates and times of 
                                the bypass or combined sewer overflow;
                                    ``(II) the volume of the bypass or 
                                combined sewer overflow; and
                                    ``(III) a description of any public 
                                access areas affected.
                    ``(C) Follow-up notice requirements.--In carrying 
                out subparagraph (A), the Administrator, in 
                collaboration with States described in such 
                subparagraph, shall--
                            ``(i) establish follow-up notice 
                        requirements that provide for a full 
                        description (including water quality data) of 
                        each event for which an initial notice was 
                        required, the cause, and plans to prevent 
                        reoccurrence; and
                            ``(ii) include requirements for making 
                        publicly available, including on the website of 
                        the Administrator, a list of each treatment 
                        works from which the Administrator or the State 
                        received a follow-up notice, along with the 
                        information required under clause (i) for each 
                        event for which a follow-up notice was 
                        required.
                    ``(D) Consistency.--The Administrator shall ensure 
                that notice requirements established under this 
                paragraph are consistent for all States described in 
                subparagraph (A).
            ``(5) Implementation.--Not later than 2 years after the 
        date of enactment of this subsection, the Administrator shall 
        establish procedures to implement this subsection.''.
            (2) Conforming amendment.--Section 425 of title IV of 
        division G of the Consolidated Appropriations Act, 2016 (Public 
        Law 114-113; 129 Stat. 2580) is repealed.
    (b) Great Lakes Cleanup Fund.--
            (1) Establishment.--Title V of the Federal Water Pollution 
        Control Act (33 U.S.C. 1361 et seq.) is amended--
                    (A) by redesignating section 519 (33 U.S.C. 1251 
                note) as section 520; and
                    (B) by inserting after section 518 (33 U.S.C. 1377) 
                the following:

``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.

    ``(a) Definitions.--In this section:
            ``(1) Fund.--The term `Fund' means the Great Lakes Cleanup 
        Fund established by subsection (b).
            ``(2) Great lakes system; great lakes states.--The terms 
        `Great Lakes System' and `Great Lakes States' have the meanings 
        given the terms in section 118(a)(3).
    ``(b) Establishment of Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Great Lakes 
Cleanup Fund'.
    ``(c) Administration of Fund.--The Administrator shall administer 
the Fund.
    ``(d) Use of Funds.--The Administrator shall make the amounts in 
the Fund available to the Great Lakes States for use in carrying out 
programs and activities for improving wastewater discharges into the 
Great Lakes System, including habitat protection and wetland 
restoration programs and activities.
    ``(e) Cost Share.--In making amounts from the Fund available to 
Great Lakes States under subsection (d) for programs and activities, 
the Administrator may require such States to pay up to 50 percent of 
the costs of the programs and activities.
    ``(f) Priority.--In selecting programs and activities to be funded 
using amounts made available under this section, a Great Lakes State 
shall give priority consideration to programs and activities that 
reduce or eliminate bypasses (as defined in section 402(s)(1)) or 
combined sewer overflows.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund $250,000,000 for each of fiscal years 2020 
through 2024.''.
            (2) Conforming amendments to state revolving fund 
        program.--Section 607 of the Federal Water Pollution Control 
        Act (33 U.S.C. 1387) is amended--
                    (A) by striking ``There is'' and inserting ``(a) In 
                General.--There is''; and
                    (B) by adding at the end the following:
    ``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this 
title, amounts made available from the Great Lakes Cleanup Fund under 
section 519 shall be treated as funds authorized to be appropriated to 
carry out this title and as funds made available under this title, 
except that the funds shall be made available to the Great Lakes States 
in accordance with section 519.''.
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