[Congressional Record Volume 159, Number 37 (Thursday, March 14, 2013)]
[Senate]
[Pages S1859-S1861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KIRK (for himself and Mr. Durbin):
  S. 571. 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 rise 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 the Great 
Lakes, America's largest source of surface fresh water. The Great Lakes 
are home to more than 3,500 species of plants and animals and are the 
source of drinking water for more than 30 million Americans. It is time 
that we 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 and take action to reverse the trend 
of discharging sewage into the Great Lakes.
  The Great Lakes Water Protection Act gives cities until 2033 to build 
the necessary infrastructure to prevent sewage dumping in the Great 
Lakes. Those who violate the EPA's sewage dumping regulations after 
this deadline will be subject to fines up to $100,000 for every day 
they are in violation. These fines would be directed into a Great Lakes 
Clean-Up Fund within the Clean Water State Revolving Fund to be used 
for wastewater treatment options, with a special focus on greener 
solutions such as habitat protection and wetland restoration.
  Many cities along the Great Lakes Basin lack the critical 
infrastructure needed to divert sewage overflows during times of heavy 
rainfall. Some reports estimate that as much as 24 billion gallons of 
combined sewage and storm water runoff are dumped into the Great Lakes 
every year. Loaded with a mix of bacteria and other pathogens, 
untreated sewage poses a serious threat to public health and safety and 
is one of the leading causes of beach closings and contamination 
advisories at Great Lakes beaches.
  According to data collected over the past 5 years by the Illinois 
Department of Public Health, it is not uncommon to see the total number 
of beach closures and contamination advisories across the Lake Michigan 
beaches in our State exceed 500 in a single swim season. These events 
threaten the health of our children and families and cost local 
economies millions. A University of Chicago study concluded the 
closings due to high levels of harmful pathogens like E.coli cost the 
local economy about $2.4 million each year in lost revenue.
  Protecting the Great Lakes is one of my top priorities in Congress. 
As an original cosponsor of the Great Lakes Restoration Act, I support 
a broad approach to address some of the greatest challenges to the 
Great Lakes ecosystem and the economic growth of the region. However, 
while we continue to push for comprehensive Great Lakes restoration, we 
must also move forward with tailored approaches to tackle specific 
problems.
  I am proud to introduce this important legislation to end the 
disastrous practice of releasing billions of gallons of untreated 
sewage into our Nation's most abundant source of freshwater. It is my 
hope that my colleagues will work with me to to preserve the Great 
Lakes and ensure this source of safe drinking water is safeguarded for 
future generations.

[[Page S1860]]

  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. 571

       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) Discharge.--
       ``(i) In general.--The term `discharge' means a direct or 
     indirect discharge of untreated sewage or partially treated 
     sewage from a treatment works into the Great Lakes.
       ``(ii) Inclusions.--The term `discharge' includes a bypass 
     and a combined sewer overflow.
       ``(C) Great lakes.--The term `Great Lakes' has the meaning 
     given the term in section 118(a)(3).
       ``(D) Partially treated sewage.--The term `partially 
     treated sewage' means any sewage, sewage and storm water, or 
     sewage and wastewater, from domestic or industrial sources 
     that--
       ``(i) is not treated to national secondary treatment 
     standards for wastewater; or
       ``(ii) is treated to a level less than the level required 
     by the applicable national pollutant discharge elimination 
     system permit.
       ``(E) 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.
       ``(F) 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 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) Immediate notice requirements.--
       ``(A) In general.--A publicly owned treatment works shall 
     provide to the entities described in subparagraph (B)--
       ``(i) for any anticipated discharge, prior notice of that 
     discharge; and
       ``(ii) for any unanticipated discharge, as soon as 
     practicable, but not later than--

       ``(I) for a treatment works with an automated detection 
     system, 2 hours after the discharge begins; and
       ``(II) for a treatment works without an automated detection 
     system, 12 hours after the discharge begins.

       ``(B) Notice.--The entities referred to in subparagraph (A) 
     are--
       ``(i) the Administrator or, in the case of a State that has 
     a permit program approved under this section, the State;
       ``(ii) each local health department or, if a local health 
     department does not exist, the State health department;
       ``(iii) the municipality in which the discharge occurred 
     and each municipality with jurisdiction over waters that may 
     be affected by the discharge;
       ``(iv) a daily newspaper of general circulation in each 
     county in which a municipality described in clause (iii) is 
     located; and
       ``(v) the general public through a prominent announcement 
     on a publicly accessible Internet site of the treatment 
     works.
       ``(C) Contents.--The notice under subparagraph (A) shall 
     include a description of--
       ``(i) the volume and state of treatment of the discharge;
       ``(ii) the date and time of the discharge;
       ``(iii) the expected duration of the discharge;
       ``(iv) the steps being taken to contain the discharge, 
     except for a discharge that is a wet weather combined sewer 
     overflow discharge;
       ``(v) the location of the discharge, with the maximum level 
     of specificity practicable; and
       ``(vi) the cause for the discharge.
       ``(5) Follow-up notice requirements.--Each publicly owned 
     treatment works that provides notice under paragraph (4)(B) 
     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 after the date on which the 
     publicly owned treatment works provides initial notice, a 
     follow-up notice containing--
       ``(A) a more full description of the cause of the 
     discharge;
       ``(B) the reason for the discharge;
       ``(C) the period of discharge, including the exact dates 
     and times;
       ``(D) if the discharge has not been corrected, the 
     anticipated time the discharge is expected to continue;
       ``(E) the volume of the discharge resulting from the 
     bypass;
       ``(F) a description of any public access areas that has or 
     may be impacted by the bypass; and
       ``(G) steps taken or planned to reduce, eliminate, and 
     prevent reoccurrence of the discharge.
       ``(6) Public availability of notices.--
       ``(A) In general.--Not later than 48 hours after providing 
     or receiving a follow-up notice under paragraph (5), as 
     applicable, a publicly owned treatment works and the 
     Administrator (or the State, in the case of a State that has 
     a permit program approved under this section) shall each post 
     the follow-up notice on a publicly accessible, searchable 
     database on the Internet.
       ``(B) Annual publication.--The Administrator (or the State, 
     in the case of a State that has a permit program approved 
     under this section) shall annually publish and make available 
     to the public a list of each of the treatment works from 
     which the Administrator or the State, as applicable, received 
     a follow-up notice under paragraph (5).
       ``(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, 2033.--Notwithstanding section 
     309, in the case of a violation of this subsection occurring 
     on or after January 1, 2033, or any violation of a permit 
     limitation or condition implementing this subsection 
     occurring after that 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' (referred to in this section as 
     the `Fund').
       ``(c) Transfers to Fund.--Effective January 1, 2033, 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

[[Page S1861]]

     Federal Water Pollution Control Act (33 U.S.C. 1387) is 
     amended--
       (1) by striking ``There is'' and inserting ``(a) In 
     General.--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, among Chicago's most treasured assets is 
Lake Michigan. The Great Lakes are among this country's most valuable 
natural resources, but the lakes face many natural and man-made 
threats. I'm pleased to join my Illinois colleague, Senator Mark Kirk, 
in introducing today the Great Lakes Water Protection Act to address 
one of those threats--municipal sewage.
  A recent report found that from January 2010 through January 2011, 7 
U.S. cities dumped a combined 18.7 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. Every lost 
visitor to a public beach costs the local economy between $20 and $36 
in revenue.
  Our legislation would 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 to 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 agree. Protecting the Great Lakes is not a 
partisan issue, and this is not a partisan bill. We will 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.
                                 ______