[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2452 Referred in Senate (RFS)]
2d Session
H. R. 2452
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24 (legislative day, June 23), 2008
Received
August 1, 2008
Read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
AN ACT
To amend the Federal Water Pollution Control Act to ensure that
publicly owned treatment works monitor for and report sewer overflows,
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 ``Sewage Overflow Community Right-to-
Know Act''.
SEC. 2. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(25) Sanitary sewer overflow.--The term `sanitary sewer
overflow' means an overflow, spill, release, or diversion of
wastewater from a sanitary sewer system. Such term does not
include municipal combined sewer overflows or other discharges
from a municipal combined storm and sanitary sewer system and
does not include wastewater backups into buildings caused by a
blockage or other malfunction of a building lateral that is
privately owned. Such term includes overflows or releases of
wastewater that reach waters of the United States, overflows or
releases of wastewater in the United States that do not reach
waters of the United States, and wastewater backups into
buildings that are caused by blockages or flow conditions in a
sanitary sewer other than a building lateral.
``(26) Treatment works.--The term `treatment works' has the
meaning given that term in section 212.''.
SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Sewer Overflow Monitoring, Reporting, and Notifications.--
``(1) General requirements.--After the last day of the 180-
day period beginning on the date on which regulations are
issued under paragraph (4), a permit issued, renewed, or
modified under this section by the Administrator or the State,
as the case may be, for a publicly owned treatment works shall
require, at a minimum, beginning on the date of the issuance,
modification, or renewal, that the owner or operator of the
treatment works--
``(A) institute and utilize a feasible methodology,
technology, or management program for monitoring sewer
overflows to alert the owner or operator to the
occurrence of a sewer overflow in a timely manner;
``(B) in the case of a sewer overflow that has the
potential to affect human health, notify the public of
the overflow as soon as practicable but not later than
24 hours after the time the owner or operator knows of
the overflow;
``(C) in the case of a sewer overflow that may
imminently and substantially endanger human health,
notify public health authorities and other affected
entities, such as public water systems, of the overflow
immediately after the owner or operator knows of the
overflow;
``(D) report each sewer overflow on its discharge
monitoring report to the Administrator or the State, as
the case may be, by describing--
``(i) the magnitude, duration, and
suspected cause of the overflow;
``(ii) the steps taken or planned to
reduce, eliminate, or prevent recurrence of the
overflow; and
``(iii) the steps taken or planned to
mitigate the impact of the overflow; and
``(E) annually report to the Administrator or the
State, as the case may be, the total number of sewer
overflows in a calendar year, including--
``(i) the details of how much wastewater
was released per incident;
``(ii) the duration of each sewer overflow;
``(iii) the location of the overflow and
any potentially affected receiving waters;
``(iv) the responses taken to clean up the
overflow; and
``(v) the actions taken to mitigate impacts
and avoid further sewer overflows at the site.
``(2) Exceptions.--
``(A) Notification requirements.--The notification
requirements of paragraphs (1)(B) and (1)(C) shall not
apply a sewer overflow that is a wastewater backup into
a single-family residence.
``(B) Reporting requirements.--The reporting
requirements of paragraphs (1)(D) and (1)(E) shall not
apply to a sewer overflow that is a release of
wastewater that occurs in the course of maintenance of
the treatment works, is managed consistently with the
treatment works' best management practices, and is
intended to prevent sewer overflows.
``(3) Report to epa.--Each State shall provide to the
Administrator annually a summary of sewer overflows that
occurred in the State.
``(4) Rulemaking by epa.--Not later than one year after the
date of enactment of this subsection, the Administrator, after
providing notice and an opportunity for public comment, shall
issue regulations to implement this subsection, including
regulations to--
``(A) establish a set of criteria to guide the
owner or operator of a publicly owned treatment works
in--
``(i) assessing whether a sewer overflow
has the potential to affect human health or may
imminently and substantially endanger human
health; and
``(ii) developing communication measures
that are sufficient to give notice under
paragraphs (1)(B) and (1)(C); and
``(B) define the terms `feasible' and `timely' as
such terms apply to paragraph (1)(A), including site
specific conditions.
``(5) Approval of state notification programs.--
``(A) Requests for approval.--
``(i) In general.--After the date of
issuance of regulations under paragraph (4), a
State may submit to the Administrator evidence
that the State has in place a legally
enforceable notification program that is
substantially equivalent to the requirements of
paragraphs (1)(B) and (1)(C).
``(ii) Program review and authorization.--
If the evidence submitted by a State under
clause (i) shows the notification program of
the State to be substantially equivalent to the
requirements of paragraphs (1)(B) and (1)(C),
the Administrator shall authorize the State to
carry out such program instead of the
requirements of paragraphs (1)(B) and (1)(C).
``(iii) Factors for determining substantial
equivalency.--In carrying out a review of a
State notification program under clause (ii),
the Administrator shall take into account the
scope of sewer overflows for which notification
is required, the length of time during which
notification must be made, the scope of persons
who must be notified of sewer overflows, the
scope of enforcement activities ensuring that
notifications of sewer overflows are made, and
such other factors as the Administrator
considers appropriate.
``(B) Review period.--If a State submits evidence
with respect to a notification program under
subparagraph (A)(i) on or before the last day of the
30-day period beginning on the date of issuance of
regulations under paragraph (4), the requirements of
paragraphs (1)(B) and (1)(C) shall not begin to apply
to a publicly owned treatment works located in the
State until the date on which the Administrator
completes a review of the notification program under
subparagraph (A)(ii).
``(C) Withdrawal of authorization.--If the
Administrator, after conducting a public hearing,
determines that a State is not administering and
enforcing a State notification program authorized under
subparagraph (A)(ii) in accordance with the
requirements of this paragraph, the Administrator shall
so notify the State and, if appropriate corrective
action is not taken within a reasonable time, not to
exceed 90 days, the Administrator shall withdraw
authorization of such program and enforce the
requirements of paragraphs (1)(B) and (1)(C) with
respect to the State.
``(6) Special rules concerning application of notification
requirements.--After the last day of the 30-day period
beginning on the date of issuance of regulations under
paragraph (4), the requirements of paragraphs (1)(B) and (1)(C)
shall--
``(A) apply to the owner or operator of a publicly
owned treatment works and be subject to enforcement
under section 309, and
``(B) supersede any notification requirements
contained in a permit issued under this section for the
treatment works to the extent that the notification
requirements are less stringent than the notification
requirements of paragraphs (1)(B) and (1)(C),
until such date as a permit is issued, renewed, or modified
under this section for the treatment works in accordance with
paragraph (1).
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Sewer overflow.--The term `sewer overflow'
means a sanitary sewer overflow or a municipal combined
sewer overflow.
``(B) Single-family residence.--The term `single-
family residence' means an individual dwelling unit,
including an apartment, condominium, house, or
dormitory. Such term does not include the common areas
of a multi-dwelling structure.''.
SEC. 4. ELIGIBILITY FOR ASSISTANCE.
(a) Purpose of State Revolving Fund.--Section 601(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1381(a)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320'' the following: ``,
and (4) for the implementation of requirements to monitor for
sewer overflows under section 402''.
(b) Water Pollution Control Revolving Loan Funds.--Section 603(c)
of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is
amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320 of this Act'' the
following: ``, and (4) for the implementation of requirements
to monitor for sewer overflows under section 402''.
Passed the House of Representatives June 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.