H. R. 6967
IN THE HOUSE OF REPRESENTATIVES
September 28, 2018
Mr. Lipinski introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To amend the Federal Water Pollution Control Act to prohibit sewage dumping into the Great Lakes, and for other purposes.
This Act may be cited as the
Great Lakes Water Protection Act.
Restriction on wastewater releases into the Great Lakes System
Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:
Restriction on wastewater releases into the Great Lakes System
In this subsection:
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.
Great lakes system
The term Great Lakes System has the meaning given the term in section 118(a)(3).
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.
The term treatment works has the meaning given the term in section 212.
A publicly owned treatment works that discharges into the Great Lakes System is prohibited from performing a bypass unless—
the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage;
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
the treatment works provides notice of the bypass in accordance with this subsection; or
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.
The requirement of paragraph (2)(A)(ii) is not satisfied if—
adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass; and
the bypass occurred during normal periods of equipment downtime or preventive maintenance.
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.
Initial notice requirements
In carrying out subparagraph (A), the Administrator, in collaboration with States described in such subparagraph, shall require an initial notice—
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
to include, at a minimum—
the exact dates and times of the bypass or combined sewer overflow;
the volume of the bypass or combined sewer overflow; and
a description of any public access areas affected.
Follow-up notice requirements
In carrying out subparagraph (A), the Administrator, in collaboration with States described in such subparagraph, shall—
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
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.
The Administrator shall ensure that notice requirements established under this paragraph are consistent for all States described in subparagraph (A).
Not later than 2 years after the date of enactment of this subsection, the Administrator shall establish procedures to implement this subsection.
Section 425 of title IV of division G of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 129 Stat. 2580) is repealed.
Great Lakes Cleanup Fund
Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended—
by redesignating section 519 (33 U.S.C. 1251 note) as section 520; and
by inserting after section 518 (33 U.S.C. 1377) the following:
Establishment of Great Lakes Cleanup Fund
In this section:
The term Fund means the Great Lakes Cleanup Fund established by subsection (b).
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).
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.
Administration of fund
The Administrator shall administer the Fund.
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.
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.
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.
Authorization of appropriations
There is authorized to be appropriated to the Fund $250,000,000 for each of fiscal years 2020 through 2024.
Conforming amendments to state revolving fund program
Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended—
There is and inserting
(a) In General.—There is; and
by adding at the end the following:
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.