,,ii #aacth ,,congress #ast ,session ,s4 #ega ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ad1 #bjac ,mr4 ,kirk 7for himself and ,mr4 ,durbin7 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 establish a deadline for restricting sewage dumping into the ,great ,lakes and to fund programs and activities for improving wastewater discharges into the ,great ,lakes4 #a4 ,short title ,this ,act may be cited as the ,great ,lakes ,water ,protection ,act4 #b4 ,prohibition on sewage dumping into the ,great ,lakes ,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 ,prohibition on sewage dumping into the ,great ,lakes 7#a7 ,definitions ,in this subsection3 7,a7 ,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 ,lakes4 7,b7 ,discharge 7i7 ,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 ,lakes4 7ii7 ,inclusions ,the term discharge includes a bypass and a combined sewer overflow4 7,c7 ,great lakes ,the term ,great ,lakes has the meaning given the term in section #aah7;a77#c74 7,d7 ,partially treated sewage ,the term partially treated sewage means any sewage1 sewage and storm water1 or sewage and wastewater1 from domestic or industrial sources that-- 7i7 is not treated to national secondary treatment standards for wastewater2 or 7ii7 is treated to a level less than the level required by the applicable national pollutant discharge elimination system permit4 7,e7 ,treatment facility ,the term treatment facility includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher1 as required to attain water quality standards1 under any operating conditions4 7,f7 ,treatment works ,the term treatment works has the meaning given the term in section #bab4 7#b7 ,prohibition ,a publicly owned treatment works is prohibited from performing a bypass unless-- 7,a7 7i7 the bypass is unavoidable to prevent loss of life1 personal injury1 or severe property damage2 7ii7 there is not a feasible alternative to the bypass1 such as the use of auxiliary treatment facilities1 retention of untreated wastes1 or maintenance during normal periods of equipment downtime2 and 7iii7 the treatment works provides notice of the bypass in accordance with this subsection2 or 7,b7 the bypass does not cause effluent limitations to be exceeded1 and the bypass is for essential maintenance to ensure efficient operation of the treatment facility4 7#c7 ,limitation ,the requirement of paragraph 7#b77;,a77ii7 is not satisfied if-- 7,a7 adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass2 and 7,b7 the bypass occurred during normal periods of equipment downtime or preventive maintenance4 7#d7 ,immediate notice requirements 7,a7 ,in general ,a publicly owned treatment works shall provide to the entities described in subparagraph 7,b7-- 7i7 for any anticipated discharge1 prior notice of that discharge2 and 7ii7 for any unanticipated discharge1 as soon as practicable1 but not later than-- 7,i7 for a treatment works with an automated detection system1 #b hours after the discharge begins2 and 7,,ii7 for a treatment works without an automated detection system1 #ab hours after the discharge begins4 7,b7 ,notice ,the entities referred to in subparagraph 7,a7 are-- 7i7 the ,administrator or1 in the case of a ,state that has a permit program approved under this section1 the ,state2 7ii7 each local health department or1 if a local health department does not exist1 the ,state health department2 7iii7 the municipality in which the discharge occurred and each municipality with jurisdiction over waters that may be affected by the discharge2 7iv7 a daily newspaper of general circulation in each county in which a municipality described in clause 7iii7 is located2 and 7v7 the general public through a prominent announcement on a publicly accessible ,internet site of the treatment works4 7,c7 ,contents ,the notice under subparagraph 7,a7 shall include a description of-- 7i7 the volume and state of treatment of the discharge2 7ii7 the date and time of the discharge2 7iii7 the expected duration of the discharge2 7iv7 the steps being taken to contain the discharge1 except for a discharge that is a wet weather combined sewer overflow discharge2 7v7 the location of the discharge1 with the maximum level of specificity practicable2 and 7vi7 the cause for the discharge4 7#e7 ,follow-up notice requirements ,each publicly owned treatment works that provides notice under paragraph 7#d77;,b7 shall provide to the ,administrator 7or to the ,state in the case of a ,state that has a permit program approved under this section71 not later than #e days after the date on which the publicly owned treatment works provides initial notice1 a follow-up notice containing-- 7,a7 a more full description of the cause of the discharge2 7,b7 the reason for the discharge2 7,c7 the period of discharge1 including the exact dates and times2 7,d7 if the discharge has not been corrected1 the anticipated time the discharge is expected to continue2 7,e7 the volume of the discharge resulting from the bypass2 7,f7 a description of any public access areas that has or may be impacted by the bypass2 and 7,g7 steps taken or planned to reduce1 eliminate1 and prevent reoccurrence of the discharge4 7#f7 ,public availability of notices 7,a7 ,in general ,not later than #dh hours after providing or receiving a follow-up notice under paragraph 7#e71 as applicable1 a publicly owned treatment works and the ,administrator 7or the ,state1 in the case of a ,state that has a permit program approved under this section7 shall each post the follow-up notice on a publicly accessible1 searchable database on the ,internet4 7,b7 ,annual publication ,the ,administrator 7or the ,state1 in the case of a ,state that has a permit program approved under this section7 shall annually publish and make available to the public a list of each of the treatment works from which the ,administrator or the ,state1 as applicable1 received a follow-up notice under paragraph 7#e74 7#g7 ,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 discharge4 7#h7 ,implementation ,not later than #ahj days after the date of enactment of this subsection1 the ,administrator shall establish procedures to ensure that permits issued under this section 7or under a ,state permit program approved under this section7 to a publicly owned treatment works include requirements to implement this subsection4 7#i7 ,increase in maximum civil penalty for violations occurring after ,january #a1 #bjcc ,notwithstanding section #cji1 in the case of a violation of this subsection occurring on or after ,january #a1 #bjcc1 or any violation of a permit limitation or condition implementing this subsection occurring after that date1 the maximum civil penalty that shall be assessed for the violation shall be #ajj1jjj per day for each day the violation occurs4 7#aj7 ,applicability ,this subsection shall apply to a bypass occurring after the last day of the #a-year period beginning on the date of enactment of this subsection4 4 #c4 ,establishment of ,great ,lakes ,cleanup ,fund 7a7 ,in general ,title ,v of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfa et seq47 is amended-- 7#a7 by redesignating section #eai 7#cc ,u4,s4,c4 #abea note7 as section #ebj2 and 7#b7 by inserting after section #eah 7#cc ,u4,s4,c4 #acgg7 the following3 #eai4 ,establishment of ,great ,lakes ,cleanup ,fund 7a7 ,definitions ,in this section3 7#a7 ,fund ,the term ,fund means the ,great ,lakes ,cleanup ,fund established by subsection 7b74 7#b7 ,great ,lakes2 ,great ,lakes ,states ,the terms ,great ,lakes and ,great ,lakes ,states have the meanings given the terms in section #aah7;a77#c74 7b7 ,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 7referred to in this section as the ,fund74 7c7 ,transfers to fund ,effective ,january #a1 #bjcc1 there are authorized to be appropriated to the ,fund amounts equivalent to the penalties collected for violations of section #djb7s74 7d7 ,administration of fund ,the ,administrator shall administer the ,fund4 7e7 ,use of funds ,the ,administrator shall-- 7#a7 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 ,lakes1 including habitat protection and wetland restoration2 and 7#b7 allocate those amounts among the ,great ,lakes ,states based on the proportion that-- 7,a7 the amount attributable to a ,great ,lakes ,state for penalties collected for violations of section #djb7s72 bears to 7,b7 the total amount of those penalties attributable to all ,great ,lakes ,states4 7f7 ,priority ,in selecting programs and activities to be funded using amounts made available under this section1 a ,great ,lakes ,state shall give priority consideration to programs and activities that address violations of section #djb7s7 resulting in the collection of penalties4 4 7b7 ,conforming amendment to ,state revolving fund program ,section #fjg of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achg7 is amended-- 7#a7 by striking ,there is and inserting 7a7 ,in general4--,there is2 and 7#b7 by adding at the end the following3 7b7 ,treatment of ,great ,lakes ,cleanup ,fund ,for purposes of this title1 amounts made available from the ,great ,lakes ,cleanup ,fund under section #eai shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title1 except that the funds shall be made available to the ,great ,lakes ,states in accordance with section #eai4 4