[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S222-S223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KIRK (for himself and Mr. Durbin):
  S. 147. A bill to amend the Federal Water Pollution Control Act to 
establish a deadline for restricting sewage dumping into the Great 
Lakes and to fund programs and activities for improving wastewater 
discharges into the Great Lakes; to the Committee on Environment and 
Public Works.
  Mr. KIRK. Mr. President, today I am pleased to join with Senator 
Durbin to introduce the Great Lakes Water Protection Act. This 
bipartisan legislation would set a date certain to end sewage dumping 
in America's largest supply of fresh water, the Great Lakes. More than 
thirty million Americans depend on the Great Lakes for their drinking 
water, food, jobs, and recreation. We need to put a stop to the 
poisoning of our water supply. Cities along the Great Lakes must become 
environmental stewards of our country's most precious freshwater 
ecosystem.
  The Great Lakes Water Protection Act gives cities until 2031 to build 
the full infrastructure needed to prevent sewage dumping into the Great 
Lakes. Those who violate EPA sewage dumping regulations after that 
federal deadline will be subject to fines up to $100,000 for each day a 
violation occurs. These fines will be directed to a newly established 
Great Lakes Clean-Up Fund within the Clean Water State Revolving Fund. 
Penalties collected would go into this fund and be reallocated to the 
states surrounding the Great Lakes. From there, the funds will be spent 
on wastewater treatment options, with a special focus on greener 
solutions such as habitat protection and wetland restoration.
  This legislation is sorely needed. Many major cities along the Great 
Lakes do not have the infrastructure needed to divert sewage overflows 
during times of heavy rainfall. More than twenty-four billion gallons 
of sewage are dumped into the Lakes each year; Detroit alone dumps an 
estimated 13 billion gallons of sewage into the Great Lakes annually. 
EPA estimates show there is a total of 347 combined sewer outflows that 
discharge into the Lake Michigan basin alone. This development is 
echoed throughout the Great Lakes region and is one we need to reverse.
  These disastrous practices result in thousands of annual beach 
closing for the region's 815 freshwater beaches. Illinois faced 628 
beach closures or contamination advisories in 2009 alone, up 17 percent 
from 2008. This greatly affects the health of our children and 
families--a recent University of Chicago study showed swim bans at 
Chicago's beaches due to E. coli levels cost the local economy $2.4 
million in lost revenue every year.
  Protecting our Great Lakes is one of my top priorities in the 
Congress. As an original sponsor of the Great Lakes Restoration Act, I 
favor a broad approach to addressing needs in the region. However, we 
must also move forward with tailored approaches to fix specific 
problems as we continue to push for more comprehensive reform. I am 
proud to introduce this important legislation that addresses a key 
problem facing our Great Lakes, and hope my colleagues will support me 
in ensuring that these important resources become free from the threat 
of sewage pollution.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 147

       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. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES.

       Section 402 of the Federal Water Pollution Control Act (33 
     U.S.C. 1342) is amended by adding at the end the following:
       ``(s) Prohibition on Sewage Dumping Into the Great Lakes.--
       ``(1) Definitions.--In this subsection:
       ``(A) Bypass.--The term `bypass' means an intentional 
     diversion of waste streams to bypass any portion of a 
     treatment facility which results in a discharge into the 
     Great Lakes.
       ``(B) Great lakes.--The term `Great Lakes' 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) Prohibition.--A publicly owned treatment works is 
     prohibited from intentionally diverting waste streams to 
     bypass any portion of a treatment facility at the treatment 
     works if the diversion results in a discharge into the Great 
     Lakes 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 publicly owned treatment 
     works shall provide to the Administrator (or to the State, in 
     the case of a State that has a permit program approved under 
     this section)--
       ``(A) prior notice of an anticipated bypass; and
       ``(B) notice of an unanticipated bypass by not later than 
     24 hours after the time at which the treatment works first 
     becomes aware of the bypass.
       ``(5) Follow-up notice requirements.--In the case of an 
     unanticipated bypass for which a publicly owned treatment 
     works provides notice under paragraph (4)(B), the treatment 
     works shall provide to the Administrator (or to the State in 
     the case of a State that has a permit program approved under 
     this section), not later than 5 days following the date on 
     which the treatment works first becomes aware of the bypass, 
     a follow-up notice containing a description of--
       ``(A) the cause of the bypass;

[[Page S223]]

       ``(B) the reason for the bypass;
       ``(C) the period of bypass, including the exact dates and 
     times;
       ``(D) if the bypass has not been corrected, the anticipated 
     time the bypass is expected to continue;
       ``(E) the volume of the discharge resulting from the 
     bypass;
       ``(F) any public access areas that may be impacted by the 
     bypass; and
       ``(G) steps taken or planned to reduce, eliminate, and 
     prevent reoccurrence of the bypass.
       ``(6) Public availability of notices.--A publicly owned 
     treatment works providing a notice under this subsection, and 
     the Administrator (or the State, in the case of a State that 
     has a permit program approved under this section) receiving 
     such a notice, shall each post the notice, by not later than 
     48 hours after providing or receiving the notice (as the case 
     may be), in a searchable database accessible on the Internet.
       ``(7) Sewage blending.--Bypasses prohibited by this section 
     include bypasses resulting in discharges from a publicly 
     owned treatment works that consist of effluent routed around 
     treatment units and thereafter blended together with effluent 
     from treatment units prior to discharge.
       ``(8) Implementation.--Not later than 180 days after the 
     date of enactment of this subsection, the Administrator shall 
     establish procedures to ensure that permits issued under this 
     section (or under a State permit program approved under this 
     section) to a publicly owned treatment works include 
     requirements to implement this subsection.
       ``(9) Increase in maximum civil penalty for violations 
     occurring after january 1, 2031.--Notwithstanding section 
     309, in the case of a violation of this subsection occurring 
     on or after January 1, 2031, or any violation of a permit 
     limitation or condition implementing this subsection 
     occurring after such date, the maximum civil penalty that 
     shall be assessed for the violation shall be $100,000 per day 
     for each day the violation occurs.
       ``(10) Applicability.--This subsection shall apply to a 
     bypass occurring after the last day of the 1-year period 
     beginning on the date of enactment of this subsection.''.

     SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.

       (a) In General.--Title V of the Federal Water Pollution 
     Control Act (33 U.S.C. 1361 et seq.) is amended--
       (1) by redesignating section 519 (33 U.S.C. 1251 note) as 
     section 520; and
       (2) 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; great lakes states.--The terms `Great 
     Lakes' 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' (in this section referred to as 
     the `Fund').
       ``(c) Transfers to Fund.--Effective January 1, 2031, there 
     are authorized to be appropriated to the Fund amounts 
     equivalent to the penalties collected for violations of 
     section 402(s).
       ``(d) Administration of Fund.--The Administrator shall 
     administer the Fund.
       ``(e) Use of Funds.--The Administrator shall--
       ``(1) 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, 
     including habitat protection and wetland restoration; and
       ``(2) allocate those amounts among the Great Lakes States 
     based on the proportion that--
       ``(A) the amount attributable to a Great Lakes State for 
     penalties collected for violations of section 402(s); bears 
     to
       ``(B) the total amount of those penalties attributable to 
     all Great Lakes States.
       ``(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 address violations of section 
     402(s) resulting in the collection of penalties.''.
       (b) Conforming Amendment to State Revolving Fund Program.--
     Section 607 of the Federal Water Pollution Control Act (33 
     U.S.C. 1387) is amended--
       (1) by inserting ``(a) In General.--'' before ``There is''; 
     and
       (2) 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.''.
  Mr. DURBIN. Mr. President, today I am introducing the Great Lakes 
Water Protection Act with my colleague, Senator Mark Kirk.
  We face many challenges in protecting the Great Lakes--from 
contaminated sediment to industrial pollutants to invasive species. 
This legislation tackles another significant threat to the water system 
municipal sewage.
  A recent report found that from January 2009 through January 2010, 
five U.S. cities dumped a combined 41 billion gallons of waste water 
into the Great Lakes. Sewage and storm water discharges have been 
associated with elevated levels of bacterial pollutants. For the 40 
million people who depend on the Great Lakes for their drinking water, 
that is no small matter.
  When bacterial counts go too high, beaches have to be closed. In 
Illinois, we have 52 public beaches along the Lake Michigan shoreline. 
People use these beaches for swimming, boating, fishing--and many 
communities generate revenue from the public beaches.
  Our legislation will quadruple fines for municipalities that dump raw 
sewage in the Great Lakes and direct the revenue from these penalties 
to projects that improve water quality. The bill also includes new 
reporting requirements that will provide a more complete understanding 
of the frequency and impact of sewage dumping on this critical water 
system.
  The Great Lakes are a national treasure. Illinoisans know that. They 
want to protect Lake Michigan, and they are willing to fight for the 
lake. Three and a half years ago, when we learned that BP was planning 
to increase the pollutants it puts into Lake Michigan--the people of 
Illinois stood up and said: No, polluting our lake further is not an 
option.
  Senator Kirk and I happen to agree with that message. Protecting the 
Great Lakes is not a partisan issue, and this is not a partisan bill. 
We intend to work together to ensure that this national treasure is 
around for generations, providing drinking water, recreation, and 
commerce for Illinois and other Great Lakes States.
                                 ______