[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 820 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 820
To amend the Federal Water Pollution Control Act to establish a
perchlorate pollution prevention fund and to establish safety standards
applicable to owners and operators of perchlorate storage facilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 8, 2003
Mrs. Boxer introduced the following bill; which was read twice and
referred to the Committee on Environment and Public WorksYYYYYY
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to establish a
perchlorate pollution prevention fund and to establish safety standards
applicable to owners and operators of perchlorate storage facilities.
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 ``Perchlorate Community Right-to-Know
Act of 2003''.
SEC. 2. PERCHLORATE POLLUTION PREVENTION.
The Federal Water Pollution Control Act is amended by inserting
after section 406 (33 U.S.C. 1346) the following:
``SEC. 407. PERCHLORATE POLLUTION PREVENTION.
``(a) Definitions.--In this section:
``(1) Fund.--The term `Fund' means the Perchlorate
Pollution Prevention Fund established by subsection (i)(1).
``(2) Perchlorate storage facility.--
``(A) In general.--The term `perchlorate storage
facility' means a facility that stores more than 375
pounds of perchlorate over the course of a calendar
year.
``(B) Exclusion.--The term `perchlorate storage
facility' does not include a facility that stores
perchlorate for a retail or law enforcement purpose.
``(b) Discharge of Perchlorate.--
``(1) Notification.--
``(A) In general.--Any person that, without regard
to intent or negligence, causes or permits to occur a
discharge of perchlorate into or on any waters of the
United States shall notify the Administrator and the
appropriate State water pollution control agency of the
discharge as soon as practicable after--
``(i) the person has knowledge of the
discharge; and
``(ii) the notification may be provided
without substantially impeding cleanup or other
emergency measures.
``(B) Contents of notice.--A notice under
subparagraph (A) shall include--
``(i) the volume of perchlorate discharged;
``(ii) a description of the extent of the
discharge;
``(iii) a copy of each document relating to
any monitoring for potential discharges
undertaken by the person on or before the date
of the discharge; and
``(iv) a description of any actions taken
by the person in response to the discharge.
``(C) Failure to provide notice.--For each day for
which a person fails to provide the notice required by
subparagraph (A), the person shall--
``(i) be guilty of a misdemeanor; and
``(ii) be punished by a fine of not less
than $500 nor more than $5,000.
``(2) Discharge under permit.--Paragraph (1) applies to a
discharge of perchlorate under a permit issued under section
402 of the Federal Water Pollution Control Act (33 U.S.C.
1342).
``(3) Penalties.--A penalty collected under paragraph
(1)(B)(ii) shall be deposited in the Fund.
``(c) Submission of Information.--Not later than January 1, 2005,
each owner or operator of a perchlorate storage facility that has been
operated, by that owner or operator or by any other person, at any time
after January 1, 1950, shall submit to the Administrator and the
appropriate State water pollution control agency a report that
includes, for the period beginning on January 1, 1950 (or such later
date as the perchlorate storage facility initiated operations), and
ending on the date of submission of the report--
``(1) the volume of perchlorate stored during each calendar
year at the perchlorate storage facility;
``(2) a description of each method of storage used; and
``(3) a copy of each document relating to any monitoring
undertaken for potential discharges from the perchlorate
storage facility.
``(d) List of Perchlorate Storage Facilities.--Not later than June
1, 2005, and annually thereafter, the Administrator, in consultation
with each State water pollution control agency, shall publish in the
Federal register a list of perchlorate storage facilities operating in
the United States at any time during the period--
``(1) beginning on January 1, 1950; and
``(2) ending on the date of publication of the list.
``(e) List of Perchlorate Discharges.--Not later than June 1, 2005,
the Administrator, in consultation with each State water pollution
control agency, shall annually publish in the Federal Register a list
of discharges of perchlorate that occurred during the 1-year period
preceding the date of publication of the report (including a list of
locations at which perchlorate was detected in groundwater within the
State during that period).
``(f) Penalties.--
``(1) In general.--An owner or operator of a perchlorate
storage facility that violates subsection (c) shall be liable
for a civil penalty of not less than $500 nor more than $5,000
for each day of violation.
``(2) Determination of amount.--In determining the amount
of a civil penalty, a court of competent jurisdiction shall
consider all relevant circumstances, including--
``(A) the extent of harm or potential harm caused
by the violation;
``(B) the nature of the violation;
``(C) the period over which the violation occurred;
``(D) the frequency of any past violations by
perchlorate storage facility involved; and
``(E) any action taken to remedy the violation.
``(3) Deposit in fund.--A penalty collected under paragraph
(1) shall be deposited in the Fund.
``(g) Regulations.--Not later than June 1, 2005, the Administrator
shall promulgate regulations that--
``(1) require each perchlorate storage facility--
``(A) to meet minimum, industry-established
training standards; and
``(B) to be operated in a manner consistent with
industry-established best management practices; and
``(2) implement an outreach effort to educate owners and
operators of perchlorate storage facilities concerning the
regulations promulgated under this subsection.
``(h) State Loan Program.--
``(1) In general.--The Administrator, in coordination with
each State water pollution control agency, shall carry out a
loan program to assist public water suppliers and owners of
private wells in acquiring or providing water that meets
applicable Federal and State standards for drinking water to
replace water contaminated by perchlorate.
``(2) Applications.--A public water supplier or owner of a
private well that seeks to receive a loan under paragraph (1)
shall submit to the Administrator an application that is in
such form, and that contains such information, as the
Administrator shall require.
``(3) Amount.--A loan provided under paragraph (1) shall be
for not less than $10,000 and not more than $750,000.
``(4) Term.--The term of a loan provided under paragraph
(1) shall be--
``(A) not more than 20 years, if the loan is
secured by real property; or
``(B) not more than 10 years, if the loan is not
secured by real property.
``(5) Interest rate.--The interest rate for a loan shall be
equal to the rate of interest applicable at the time of the
loan commitment to Federal securities having a term of 10
years.
``(6) Use of loan funds.--Funds from a loan provided under
paragraph (1) may be used to pay up to 100 percent of costs
incurred by the recipient of the loan in acquiring or providing
water that meets applicable Federal and State standards for
drinking water to replace water contaminated by perchlorate.
``(7) Loan fee.--
``(A) In general.--The Administrator may charge a
loan fee, not to exceed an amount equal to 2 percent of
the amount of the loan, to an applicant for a loan
under paragraph (1).
``(B) Deposit in fund.--The Administrator shall
deposit each loan fee collected under subparagraph (A)
in the Fund.
``(i) Perchlorate Pollution Prevention Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a revolving fund, to be known as the
`Perchlorate Pollution Prevention Fund', to be used in carrying
out this section, consisting of--
``(A) such amounts as are deposited in the Fund
under subsections (b)(3), (f)(3), and (h)(7)(B); and
``(B) any interest earned on investment of amounts
in the Fund under paragraph (3).
``(2) Expenditures from fund.--
``(A) In general.--Subject to subparagraph (B),
upon request by the Administrator, the Secretary of the
Treasury shall transfer from the Fund to the
Administrator such amounts as the Administrator
determines are necessary--
``(i) to carry out this section; and
``(ii) to provide loans under subsection
(h).
``(B) Administrative expenses.--An amount not
exceeding 5 percent of the amounts in the Fund shall be
available in each fiscal year to pay the administrative
expenses necessary to carry out this subsection.
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
``(B) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price;
or
``(ii) by purchase of outstanding
obligations at the market price.
``(C) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
``(D) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(4) Transfers of amounts.--
``(A) In general.--The amounts required to be
transferred to the Fund under this subsection shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
``(B) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
``(j) Reports.--Not later than 1 year after the date of enactment
of this section, and annually thereafter, the Administrator shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Resources and the Committee on Energy and Commerce
of the House of Representatives a report that describes progress made
in implementing this section.
``(k) No Effect on State Law.--Nothing in this section preempts or
otherwise affects any State law (including any State law that contains
a requirement that is more stringent than a requirement under this
section).''.
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