[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3630 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3630

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2018

  Ms. Duckworth (for herself and Mr. Durbin) 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 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 paragraph (4); or
                    ``(B) the bypass--
                            ``(i) does not cause effluent limitations 
                        to be exceeded; and
                            ``(ii) 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) Immediate notice requirements.--
                    ``(A) In general.--The Administrator shall work 
                with States having publicly owned treatment works 
                subject to paragraph (2) to create immediate notice 
                requirements in the event of a bypass or a combined 
                sewer overflow that provide for the method, contents, 
                and requirements for public availability of the notice.
                    ``(B) Minimum initial notice requirements.--At a 
                minimum, the contents of the immediate notice under 
                subparagraph (A) shall include--
                            ``(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 impacted.
                    ``(C) Additional requirements.--The Administrator 
                and States described in subparagraph (A) shall--
                            ``(i) ensure that the minimum requirements 
                        under subparagraph (B) are consistent for all 
                        those States;
                            ``(ii) establish follow-up notice 
                        requirements that provide a full description of 
                        each event (including water quality data), the 
                        cause, and plans to prevent reoccurrence; and
                            ``(iii) establish 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 (ii) for each 
                        event that required a follow-up notice.
            ``(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 division G of the 
        Consolidated Appropriations Act, 2016 (Public Law 114-113; 33 
        U.S.C. 1268 note) 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 states; great lakes system.--The terms 
        `Great Lakes States' and `Great Lakes System' 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 those 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) in the matter preceding paragraph (1), 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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