,,ii #aacth ,,congress #ast ,session ,s4 #cif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjac ,mr4 ,lautenberg 7for himself and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act to ensure that sewage treatment plants monitor for and report discharges of raw sewage1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sewage ,overflow ,community ,right-to-,know ,act4 #b4 ,definitions ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended by adding at the end the following3 7#bf7 ,treatment works ,the term treatment works has the meaning given the term in section #bab4 4 #c4 ,monitoring1 reporting1 and public notification of sewer overflows ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7s7 ,sewer overflow monitoring1 reporting1 and notifications 7#a7 ,definitions ,in this subsection3 7,a7 ,sanitary sewer overflow 7i7 ,in general ,the term sanitary sewer overflow means an overflow1 spill1 release1 or diversion of wastewater from a sanitary sewer system4 7ii7 ,inclusions ,the term sanitary sewer overflow includes-- 7,i7 overflows or releases of wastewater that reach waters of the ,united ,states2 7,,ii7 overflows or releases of wastewater in the ,united ,states that do not reach waters of the ,united ,states2 and 7,,iii7 wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral4 7iii7 ,exclusions ,the term sanitary sewer overflow does not include-- 7,i7 municipal combined sewer overflows or other discharges from the combined portion of a municipal combined storm and sanitary sewer system2 or 7,,ii7 wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned4 7,b7 ,sewer overflow ,the term sewer overflow means a sanitary sewer overflow or a municipal combined sewer overflow4 7,c7 ,single-family residence 7i7 ,in general ,the term single-family residence means an individual dwelling unit4 7ii7 ,inclusions ,the term single-family residence includes-- 7,i7 an apartment2 7,,ii7 a condominium2 7,,iii7 a house2 and 7,,iv7 a dormitory4 7iii7 ,exclusions ,the term single-family residence does not include the common areas of a multidwelling structure4 7#b7 ,general requirements ,after the last day of the #ahj-;day period beginning on the date on which regulations are promulgated under paragraph 7#e71 a permit issued1 renewed1 or modified under this section by the ,administrator or the ,state1 as applicable1 for a publicly owned treatment works shall require1 at a minimum1 beginning on the date of the issuance1 modification1 or renewal1 that the owner or operator of the treatment works-- 7,a7 institute and use a feasible methodology1 technology1 or management program for monitoring sewer overflows to alert the owner or operator to the occurrence of a sewer overflow in a timely manner2 7,b7 in the case of a sewer overflow that has the potential to affect human health1 notify the public of the overflow as soon as practicable but not later than #bd hours after the time the owner or operator knows of the overflow2 7,c7 in the case of a sewer overflow that may imminently and substantially endanger human health1 notify public health authorities and other affected entities1 such as public water systems1 of the overflow immediately after the owner or operator knows of the overflow2 7,d7 report each sewer overflow on the discharge monitoring report of the owner or operator to the ,administrator or the ,state1 as applicable1 by describing-- 7i7 the magnitude1 duration1 and suspected cause of the overflow2 7ii7 the steps taken or planned to reduce1 eliminate1 or prevent recurrence of the overflow2 and 7iii7 the steps taken or planned to mitigate the impact of the overflow2 and 7,e7 annually report to the ,administrator or the ,state1 as applicable1 the total number of sewer overflows in a calendar year1 including-- 7i7 the details of how much wastewater was released per incident2 7ii7 the duration of each sewer overflow2 7iii7 the location of the overflow and any potentially affected receiving waters2 7iv7 the responses taken to clean up the overflow2 and 7v7 the actions taken to mitigate impacts and avoid further sewer overflows at the site4 7#c7 ,exceptions 7,a7 ,notification requirements ,the notification requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#b7 shall not apply to a sewer overflow that is a wastewater backup into a single-family residence4 7,b7 ,reporting requirements ,the reporting requirements of subparagraphs 7,d7 and 7,e7 of paragraph 7#b7 shall not apply to a sewer overflow that is a release of wastewater that-- 7i7 occurs in the course of maintenance of the treatment works2 7ii7 is managed consistently with the best management practices of the treatment works2 and 7iii7 is intended to prevent sewer overflows4 7#d7 ,report to ,,epa ,each ,state shall provide to the ,administrator annually a summary of sewer overflows that occur in the ,state4 7#e7 ,rulemaking by ,,epa ,not later than #a year after the date of enactment of this subsection1 the ,administrator1 after providing notice and an opportunity for public comment1 shall promulgate regulations to implement this subsection1 including regulations-- 7,a7 to establish a set of criteria to guide the owner or operator of a publicly owned treatment works in-- 7i7 assessing whether a sewer overflow may imminently and substantially endanger human health2 and 7ii7 developing communication measures that are sufficient to give notice under subparagraphs 7,b7 and 7,c7 of paragraph 7#b72 and 7,b7 to define the terms feasible and timely as those terms apply to paragraph 7#b77;,a71 including site specific conditions4 7#f7 ,approval of ,state notification programs 7,a7 ,requests for approval 7i7 ,in general ,after the date on which regulations are promulgated under paragraph 7#e71 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 subparagraphs 7,b7 and 7,c7 of paragraph 7#b74 7ii7 ,program review and authorization ,if the evidence submitted by a ,state under clause 7i7 shows the notification program of the ,state to be substantially equivalent to the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#b71 the ,administrator shall authorize the ,state to carry out that program instead of those requirements4 7iii7 ,factors for determining substantial equivalency ,in carrying out a review of a ,state notification program under clause 7ii71 the ,administrator shall take into account-- 7,i7 the scope of sewer overflows for which notification is required2 7,,ii7 the length of time during which notification must be made2 7,,iii7 the number of persons that must be notified of sewer overflows2 7,,iv7 the scope of enforcement activities ensuring that notifications of sewer overflows are made2 and 7,v7 such other factors as the ,administrator considers to be appropriate4 7,b7 ,review period ,if a ,state submits evidence with respect to a notification program under subparagraph 7,a77i7 in the #cj-;day period beginning on the date of promulgation of regulations under paragraph 7#e71 the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#b7 shall not 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 7,a77ii74 7,c7 ,withdrawal of authorization ,if the ,administrator1 after conducting a public hearing1 determines that a ,state is not administering and enforcing a ,state notification program authorized under subparagraph 7,a77ii7 in accordance with the requirements of this paragraph1 the ,administrator shall so notify the ,state and1 if appropriate corrective action is not taken within a reasonable time1 not to exceed #ij days1 the ,administrator shall withdraw authorization of the program and enforce the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#b7 with respect to the ,state4 7#g7 ,special rules concerning application of notification requirements ,beginning on the day after the #cj-;day period that begins on the date of promulgation of regulations under paragraph 7#e71 the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#b7 shall-- 7,a7 apply to the owner or operator of a publicly owned treatment works and be subject to enforcement under section #cji2 and 7,b7 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 subparagraphs 7,b7 and 7,c7 of paragraph 7#b71 until such date as a permit is issued1 renewed1 or modified under this section for the treatment works in accordance with paragraph 7#b74 4 #d4 ,eligibility for assistance 7a7 ,purpose of ,state revolving fund ,section #fja7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha7;a77 is amended-- 7#a7 by striking and the first place it appears2 and 7#b7 by inserting after section #cbj the following3 1 and 7#d7 for the implementation of requirements to monitor for sewer overflows under section #djb4 7b7 ,water pollution control revolving loan funds ,section #fjc7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;c77 is amended-- 7#a7 by striking and the first place it appears2 and 7#b7 by inserting after section #cbj of this ,act the following3 1 and 7#d7 for the implementation of requirements to monitor for sewer overflows under section #djb4 #e4 ,effect of ,act ,nothing in this ,act or an amendment made by this ,act-- 7#a7 limits the ability of any ,state to implement or enforce a more stringent monitoring or notification standard than the applicable standard under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7#b7 authorizes any sewer overflow2 or 7#c7 supplants or diminishes any obligation to comply with any requirement of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or any other ,federal or ,state law4