,i #aafth ,,congress #ast ,session ,h4 ,r4 #dfaa ,,in ,,the ,,house ,,of ,,representatives ,october #d1 #bjai,mr4 ,peters introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to modify permitting requirements with respect to the discharge of any pollutant from the ,point ,loma ,wastewater ,treatment ,plant in certain circumstances1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ocean ,pollution ,reduction ,act ,,ii4 #b4 ,findings ,congress finds the following3 7#a7 ,in #aigb1 ,congress passed the ,federal ,water ,pollution ,control ,act ,amendments of #aigb1 which required publicly owned treatment works to achieve secondary treatment capability by #aigg4 7#b7 ,in #aiid1 the ,united ,states ,district ,court for the ,southern ,district of ,california determined that upgrading the ,city of ,san ,diego's ,point ,loma ,wastewater ,treatment ,plant 7in this ,act referred to as the ,point ,loma ,plant7 to secondary treatment standard would not be in the public interest1 being excessively costly without producing additional environmental benefits4 7#c7 ,the ,point ,loma ,plant currently meets all the requirements of secondary treatment except for the removal of total suspended solids and biochemical oxygen demand4 7#d7 ,at the direction of ,congress1 the ,environmental ,protection ,agency 7in this ,act referred to as the ,,epa7 requested that the ,national ,research ,council advise the agency on ways to improve wastewater management in coastal urban areas4 ,the resulting study ,managing ,wastewater in ,coastal ,urban ,areas produced several important findings1 including-- 7,a7 biochemical oxygen demand discharged through a well-designed outfall is generally not of ecological concern in open coastal waters2 7,b7 total suspended solids can be adequately controlled by advanced primary treatment and high dilution outfalls2 and 7,c7 over-control is particularly likely along ocean coasts1 but nevertheless full secondary treatment is required regardless of cost or lack of benefits4 7#e7 ,past reviews by the ,city of ,san ,diego1 the ,,epa1 the ,state of ,california1 and scientists affiliated with the ,scripps ,institution of ,oceanography1 the ,university of ,california1 ,san ,diego1 and other organizations have concluded the ,point ,loma ,plant does not have any known significant adverse effect on the ocean environment outside the immediate area of the discharge4 7#f7 ,the ocean outfall for the ,point ,loma ,plant discharges effluent #d4e miles from the coast at a depth of over #cjj feet1 one of the longest and deepest ocean outfalls in the world4 7#g7 ,implementing full secondary treatment standards at the ,point ,loma ,plant will cost approximately #a1hjj1jjj1jjj4 7#h7 ,implementing full secondary treatment standards at the ,point ,loma ,plant is contrary to the national interest1 in that it will compromise views from the ,cabrillo ,national ,monument and interfere with the ,navy's use of adjacent property4 7#i7 ,the ,city of ,san ,diego generates all the energy it needs to operate the ,point ,loma ,plant onsite through co-generation4 ,implementing full secondary treatment will turn a green facility into one of the region's largest energy consumers1 requiring the purchase of over #ag1jjj1jjj each year in electricity and producing more than #ajj1jjj tons of greenhouse gas emissions annually4 7#aj7 ,implementing full secondary treatment standards at the ,point ,loma ,plant will require removal of #a1bej1jjj tons of earth from environmentally sensitive habitat immediately adjacent to the ,point ,loma ,ecological ,reserve4 7#aa7 ,recognizing the unique situation surrounding the ,point ,loma ,plant1 ,congress adopted the ,ocean ,pollution ,reduction ,act 7,,opra74 ,,opra allowed the ,point ,loma ,plant to avoid conversion to full secondary treatment and instead operate under a modified permit according to standards contained in sections #cja7;h7 and #cja7;j77#e7 of the ,federal ,water ,pollution ,control ,act1 as modified by ,,opra4 7#ab7 ,the ,city of ,san ,diego has complied with all requirements of ,,opra and the results have been significant1 including reduction in the discharge of total suspended solids and biochemical oxygen demand1 advanced ocean monitoring1 and construction of #de1jjj1jjj gallons per day of treatment capacity to produce reclaimed water at a cost of approximately #cdj1jjj1jjj4 7#ac7 ,this ,act will capitalize on the record of improvements initiated under ,,opra and provide a framework for further enhancements to the ,city of ,san ,diego's water and wastewater systems1 increased potable water reliability1 and additional meaningful environmental protection4 7#ad7 ,the ,city of ,san ,diego has completed its ,water ,purification ,demonstration ,project showing that municipal wastewater can successfully be treated to levels suitable for potable reuse4 ,the ,city of ,san ,diego completed its ,recycled ,water ,study in #bjab describing how wastewater can be diverted from the ,point ,loma ,plant to new treatment facilities to generate water suitable for potable reuse4 ,through the construction and operation of new treatment facilities to produce #hc1jjj1jjj gallons per day of water suitable for potable reuse1 the ,city of ,san ,diego is expected to reduce the total suspended solids discharged by the ,point ,loma ,plant to the same or lower levels as would be achieved by implementing full secondary treatment1 while creating an important new local source of water4 7#ae7 ,the ,city of ,san ,diego currently relies on imported water for over #he percent of its water supply4 ,a new local source of water can significantly reduce the environmental impacts of importing water to ,san ,diego from the ,colorado ,river and the ,california ,bay-,delta by offsetting the ,city's demand for imported water4 7#af7 ,due to the severe drought in ,california1 the #bjad water allocation from the ,state ,water ,project was only #e percent of normal1 forcing water agencies to draw down water reserves1 implement mandatory conservation measures1 and search for new1 dependable sources of water4 #c4 ,san ,diego ,point ,loma permitting requirements 7a7 ,in general ,notwithstanding any other provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or section #cjg of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adef71 the ,administrator may issue a permit under section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb71 which1 in lieu of the requirements of section #cja7;j77#e7 of such ,act 7#cc ,u4,s4,c4 #acaa7;j77#e771 and in lieu of section #cja7;b77#a77;,b7 of such ,act 7#cc ,u4,s4,c4 #acaa7;b77#a77;,b77 otherwise applicable to the discharge of biochemical oxygen demand 7in this section referred to as ,,bod7 and total suspended solids 7in this section referred to as ,,tss7 from the ,point ,loma ,plant into marine waters1 applies or otherwise ensures implementation of the provisions of subsection 7b74 7b7 ,conditions ,the permit shall apply or otherwise ensure that the applicant shall-- 7#a7 maintain the currently designed deep ocean outfall from the ,point ,loma ,wastewater ,treatment ,plant with a discharge depth of no less than #cjj feet and distance from the shore of no less than #d miles2 7#b7 discharge no more than #ab1jjj metric tons of ,,tss per year commencing on the date of enactment of this section1 no more than #aa1ejj metric tons of ,,tss per year commencing on ,december #ca1 #bjbe1 and no more than #i1idb metric tons of ,,tss per year commencing on ,december #ca1 #bjbg2 7#c7 discharge not more than #fj milligrams per liter of ,,tss1 calculated as a #cj-;day average2 7#d7 remove no less than #hj percent of ,,tss on a monthly average and no less than #eh percent of ,,bod on an annual average1 taking into account removal occurring at all treatment processes for wastewater upstream from and at the ,point ,loma ,wastewater ,treatment ,plant2 7#e7 attain all other effluent limitations of secondary treatment as determined by the ,administrator pursuant to section #cjd7;d77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acad7;d77#a771 other than with respect to concentration limits for ,,bod and ,,tss2 7#f7 comply with the requirements applicable to ,federal issuance of a permit under section #djb of the ,federal ,water ,pollution ,control ,act1 including ,state approval consistent with this ,act and ocean discharge criteria evaluation pursuant to sections #dja and #djc of the ,federal ,water ,pollution ,control ,act1 respectively 7#cc ,u4,s4,c4 #acda and #cc ,u4,s4,c4 #acdc72 7#g7 implement the pretreatment program requirements of sections #cja7;h77#e7 and #cja7;h77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa7;h77#e7 and #cc ,u4,s4,c4 #acaa7;h77#f77 in addition to the requirements of section #djb7;b77#h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;b77#h772 7#h7 provide #aj consecutive years of ocean monitoring data and analysis for the period immediately preceding the date of each application sufficient to demonstrate to the satisfaction of the ,administrator that the discharge of pollutants pursuant to this section meets the requirements of section #cja7;h77#b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa7;h77#b77 and that the applicant has established and will maintain throughout the permit term an ocean monitoring program that meets or exceeds the requirements of section #cja7;h77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa7;h77#c772 and 7#i7 to the extent potable reuse is permitted by ,federal and ,state regulatory agencies1 demonstrate that at least #hc1jjj1jjj gallons per day on an annual average of water suitable for potable reuse will be produced by ,december #ca1 #bjce1 taking into account production of water suitable for potable reuse occurring at all treatment processes for wastewater upstream from and at the ,point ,loma ,plant4 7c7 ,milestones ,the ,administrator shall determine development milestones necessary to ensure compliance with this section and include such milestones as conditions in each permit issued before ,december #ca1 #bjce4 7d7 ,secondary treatment ,nothing in this section prevents the applicant from alternatively submitting an application for the ,point ,loma ,plant that complies with secondary treatment pursuant to section #cja7;b77#a77;,b7 and section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa7;b77#a77;,b7 and #cc ,u4,s4,c4 #acdb74 7e7 ,definitions ,any term used in this section which is also used under the ,federal ,water ,pollution ,control ,act shall have the same meaning as when used in such ,act4