[House Report 110-723]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-723
======================================================================
SEWAGE OVERFLOW COMMUNITY RIGHT-TO-KNOW ACT
_______
June 19, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2452]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2452) to amend the Federal Water
Pollution Control Act to ensure that sewage treatment plants
monitor for and report discharges of raw sewage, and for other
purposes, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
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 Notifications.--
``(1) General requirements.--Not later than one year after
the date of enactment of this subsection, the Administrator
shall take such action as may be necessary to ensure that each
permit issued under this section before, on, or after the date
of enactment of this subsection for a publicly owned treatment
works shall require, at a minimum, that the owner or operator
of the treatment works--
``(A) institute and utilize a feasible methodology,
technology, or management program to alert the owner or
operator to the occurrence of a sewer overflow in a
timely manner;
``(B) notify the public of a sewer overflow as soon
as practicable, but not later than 24 hours after the
time the owner or operator becomes aware of such
overflow, if such overflow has the potential to affect
human health, except for overflows that are wastewater
backups into single-family residences;
``(C) immediately notify public health authorities
and other affected entities, such as public water
systems, of any sewer overflow that may imminently and
substantially endanger human health, except for
overflows that are wastewater backups into single-
family residences;
``(D) report each sewer overflow (other than 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 overflows) on its
monthly 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) report to the Administrator or the State, as
the case may be, the total number of sewer overflows
(other than 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
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) Report to epa.--If a State receives a report under
paragraph (1)(E), the State shall report to the Administrator
annually, in summary, the details of reported sewer overflows
that occurred in that State.
``(3) Rulemaking by epa.--Not later than one year after the
date of enactment of this subsection, the Administrator shall,
after providing notice and the opportunity for public comment,
issue regulations to--
``(A) establish a set of criteria to guide owners and
operators of publicly owned treatment works in
assessing whether a sewer overflow has the potential to
affect human health or may imminently and substantially
endanger human health; and
``(B) define the terms `feasible' and `timely' as
such terms apply to paragraph (1)(A).
``(4) Site specific conditions.--The definitions under
paragraph (3)(B) shall include site specific conditions.
``(5) Definitions.--
``(A) Sewer overflow.--In this subsection, the term
`sewer overflow' means a sanitary sewer overflow or a
municipal combined sewer overflow.
``(B) Single family residence.--In this subsection,
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 of this Act''.
SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this Act, including any amendment made by this Act, shall
be construed--
(1) to limit the ability of any State from implementing and
enforcing more stringent monitoring and notification standards
than those required by the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); or
(2) to supplant or diminish obligations to comply with all
other requirements of the Federal Water Pollution Control Act.
Amend the title so as to read:
A bill to amend the Federal Water Pollution Control Act to
ensure that sewage treatment plants monitor for and report
discharges of sewage, and for other purposes.
Purpose of the Legislation
H.R. 2452, the ``Sewage Overflow Community Right-to-Know
Act'', as amended, amends the Federal Water Pollution Control
Act (``Clean Water Act'') to provide a uniform, national
standard for monitoring, reporting, and public notification of
municipal combined sewer overflows and sanitary sewer
overflows.
Background and Need for Legislation
Municipal wastewater collection systems collect domestic
sewage and other wastewater from homes and other buildings and
convey it to wastewater treatment plants for proper treatment
and disposal. These collection systems and treatment facilities
are an extensive, valuable, and complex part of the nation's
infrastructure. Sewage treatment operators perform an important
job that helps protect the public, and are critical in
achieving the goals of the Clean Water Act. The collection and
treatment of domestic sewage and other wastewater is vital to
the nation's economic and public health and the protection of
the environment.
Two types of public sewer systems predominate in the United
States--combined sewer systems and separate sanitary sewer
systems. Municipal combined sewer systems utilize a joint-
conveyance for the movement of wastewater (e.g., domestic
sewage) and stormwater to wastewater treatment facilities.
Separate sanitary sewer systems have individual (separated)
conveyances for the movement of domestic sewage and for
stormwater.
COMBINED SEWER SYSTEMS
Combined sewer systems were among the earliest sewer
systems constructed in the United States, and were built until
the first part of the 20th century. During wet weather events
(e.g., rainfall or snowmelt), the combined volume of wastewater
and stormwater runoff entering a combined sewer system often
exceeds its conveyance capacity. To prevent damage to the
infrastructure during wet weather events, combined sewer
systems were intentionally designed to flow directly to surface
waters when their capacity is exceeded, often discharging large
volumes of untreated or partially treated sewage wastes--an
estimated 850 billion gallons annually--directly into local
waters. These discharges are called combined sewer overflows,
or CSOs.
CSOs are point source discharges, and are prohibited under
the Clean Water Act unless authorized by a National Pollutant
Discharge Elimination System (``NPDES'') permit under section
402 of the Clean Water Act. Section 402(q) requires that any
permit issued for the discharge from a combined sewer system
conform to the Combined Sewer Overflow Control Policy (59 Fed.
Reg. 18688), dated April 1994, including the implementation of
the nine minimum controls outlined in the policy and the
development of a long-term CSO control plan (``long-term
control plan'').
Combined sewers are found in 33 States across the United
States and the District of Columbia. The majority of combined
sewers are located in communities in the Northeast or Great
Lakes regions--where much of the oldest water infrastructure in
the nation is found. However, combined sewer overflows have
also occurred in the western United States, including the
States of Washington, Oregon, and California. To eliminate
combined sewer overflows, communities often must redesign their
sewer systems to separate sewage flows from stormwater flows or
provide significant additional capacity to eliminate the
possibility that combined flows will exceed the limits of the
infrastructure.
SANITARY SEWER SYSTEMS
Since the first part of the 20th century, municipalities in
the United States have generally constructed separate sanitary
and stormwater sewer systems. Sanitary sewer systems are
specifically designed to carry domestic sewage flows and
stormwater runoff from precipitation events through different
conveyances.
While sanitary sewer systems are designed to separate
sewage from stormwater, sewer overflows from separated systems
still may occur. These untreated or partially treated
discharges from sanitary sewer systems are commonly referred to
as sanitary sewer overflows, or SSOs.
Unlike CSOs, which are typically designed with a specific
outfall for overflows, SSOs can occur at any point in a
separate sewer system and during dry or wet weather. In its
2004 Report to Congress on the Impacts and Control of CSOs and
SSOs (``Report to Congress''), EPA defines SSOs to include
those overflows that reach waters of the United States, as well
as overflows out of manholes and onto city streets, sidewalks,
and other terrestrial locations. EPA estimates that 72 percent
of all SSOs reach the waters of the United States, but SSOs
also include overflows that remain entirely within terrestrial
locations, including streets, parks, and sewage backups into
buildings and private residences.
SSOs that reach the waters of the United States are point
source discharges, and are prohibited under the Clean Water Act
unless authorized by a NPDES permit under section 402 of the
Act. In addition, all SSOs, including those that do not reach
the waters of the United States, may be indicative of improper
operation and maintenance of the sewer system, and thus may
violate existing NPDES permit conditions (40 CFR Sec. 122.41
(2006)).
SSOs have a variety of causes including sewer line
blockages, line breaks, or sewer defects that allow excess
stormwater and groundwater to infiltrate and overload the
system (also called infiltration and inflow), lapses in sewer
operation and maintenance, inadequate sewer design and
construction, power failures, and vandalism.
When sewage backups are caused by problems in the publicly
owned portion of a sanitary sewer system, they are considered
SSOs. Generally speaking, sewage backups that are caused by
blockages or other malfunctions of privately-owned building
laterals do not fall within EPA's definition of an SSO.
EPA estimates that between 23,000 and 75,000 SSOs occur per
year in the United States, discharging a total volume of three
to 10 billion gallons per year. According to EPA, this estimate
does not account for discharges occurring after the headworks
of the treatment plant or discharges into buildings caused by
problems in the publicly owned portion of a sanitary sewer
system, both of which would increase the annual total volume of
SSOs.
Individual SSOs can range in volume from one gallon to
millions of gallons. The majority of SSO events are caused by
sewer blockages that can occur at any time, but the majority of
SSO volume appears to be related to events caused by wet
weather events and excessive inflow and infiltration.
IMPACTS OF SEWER OVERFLOWS
Sewer overflows, whether from municipal combined sewer
systems or sanitary sewer systems, can pose significant
environmental impacts, as well as cause or contribute to human
health impacts.
According to its 2000 National Water Quality Inventory
Report, EPA has determined that three pollutants are most often
associated with impaired waters in the United States--solids,
pathogens, and nutrients. Under the Clean Water Act, a
waterbody is impaired if it fails to meet water quality
standards for a particular use for the water (e.g., drinking,
fishing, recreation).
All three pollutants are contained in CSO and SSO
discharges. Therefore, according to EPA, at a minimum, CSOs and
SSOs contribute to the loadings of these pollutants in the
receiving waters where they occur. Although EPA was not able to
quantify a direct relationship in every State, in those States
where EPA could identify an assessed segment of a particular
waterbody located within one mile downstream of a CSO outfall,
75 percent of these waterbodies were listed as impaired.
States have identified CSOs and SSOs as the direct or a
contributing cause of documented environmental impacts,
including aquatic life impairments, fish kills, shellfish bed
closures, and continuing discharges of toxic chemicals, such as
polychlorinated biphenyls (``PCBs'') and other priority
pollutants.
In addition, CSOs and SSOs often contain microbial
pathogens (e.g., bacteria, viruses, and parasites) that cause
or contribute to human health impacts, including
gastroenteritis, hepatitis, giardiasis, cryptosporidiosis,
dysentery, and other gastrointestinal and respiratory diseases,
and, in rare cases, death. The Centers for Disease Control and
Prevention estimates that there are 7,100,000 cases of mild to
moderate, and 560,000 cases of moderate to severe, infectious
waterborne disease in the United States each year, though
exactly how many of these are attributable to sewer overflows
remains uncertain.
Although the potential for human exposure can come in many
forms, EPA and public drinking water agencies have expressed
specific concern about the potential for direct contamination
of public drinking water sources from sewer overflows. For
example, EPA has identified 59 CSO outfalls in seven states
located within one mile upstream of a drinking water intake.
However, public health authorities are not routinely notified
of sewer overflows that threaten public health.
One recent example of the potential for drinking water
contamination by a sewer overflow occurred in the spring of
1993, when more than 400,000 people in Milwaukee, Wisconsin,
were infected by a microscopic parasite, Cryptosporidium
parvum, which entered the public drinking water supply for the
city. This outbreak resulted in over 100 deaths. Although the
exact source of the parasite was not discovered, studies
suggest that untreated wastewater leaks in the Milwaukee area
may have discharged the parasite to Lake Michigan, which serves
as the primary drinking water source for the metropolitan
region. Although impacts as large as the Milwaukee
Cryptosporidium outbreak are rare, similar parasitic outbreaks
have contaminated drinking water sources in other U.S. cities,
such as Brushy Creek, Texas (1998), Island Park, Idaho (1995),
Las Vegas, Nevada (1993), Cabool, Missouri (1990), and Braun
Station, Texas (1985).
Finally, EPA estimates that CSOs and SSOs cause between
3,448 and 5,576 individual cases of illness annually from
direct exposure to pollutants at the nation's recognized
recreational beaches. Yet, in its 2004 Report to Congress on
the Impacts and Control of CSOs and SSOs, EPA stated that this
range underrepresents the likely number of annual illnesses
(estimated by EPA to be between 1,800,000 and 3,500,000
individuals annually) attributable to CSO and SSO contamination
of recreational beaches, and that a significant number of
additional illnesses not captured in this range occur for
exposed swimmers at inland and other coastal beaches.
PUBLIC NOTIFICATION
The most reliable way to prevent human illness from
waterborne diseases and pathogens is to eliminate the potential
for human exposure to the discharge of pollutants from CSOs and
SSOs. This can occur either through the elimination of the
discharge, or, in the event that a release does occur, to
minimize the potential human contact to pollutants. Currently,
Federal law does not provide a uniform, national standard for
public notification of combined and sanitary sewer overflows.
Public notification of sewer overflows is governed by a variety
of Federal regulations, state laws, and local initiatives aimed
at limiting human exposure to discharges.
Potential human exposure to the pollutants found in sewer
overflows can occur through several pathways. According to EPA,
the most common pathways include direct contact with waters
receiving CSO or SSO discharges, drinking water contaminated by
sewer discharges, and consuming or handling contaminated fish
or shellfish. However, humans are also at risk of direct
exposure to sewer overflows, including sewer backups into
residential buildings, city streets, and sidewalks.
The cost of eliminating CSOs and SSOs throughout the nation
is staggering. The wastewater systems of the United States are
aging and require significant investment in traditional
infrastructure and innovative, non-structural infrastructure to
prevent the occurrence of sewer overflows. In its most recent
Clean Water Needs Survey (2000), EPA estimated the future
capital needs to address existing CSOs at $50.6 billion. In
addition, EPA estimated that it would require an additional
$88.5 billion in capital improvements to reduce the frequency
of SSOs caused by wet weather and other conditions (e.g.,
blockages, line breaks, and mechanical/power failures).
In the 110th Congress, the U.S. House of Representatives
has approved two bills that originated in the Committee on
Transportation and Infrastructure--H.R. 720, the Water Quality
Financing Act and H.R. 569, the Water Quality Investment Act--
to reauthorize appropriations for the construction, repair, and
rehabilitation of wastewater infrastructure. H.R. 720
authorizes appropriations of $14 billion over four years for
the Clean Water State Revolving Fund, which is the primary
source of Federal funds for wastewater infrastructure. H.R. 569
authorizes appropriations of $1.7 billion in Federal grants
over five years to specifically target combined sewers and
sanitary sewers.
However, in the event that a release does occur, the most
effective way to prevent illness is to provide timely and
adequate public notice to minimize human exposure to
pollutants.
Although public notification of sewer overflows is not
uniformly required, some Federal statutes do provide specific
requirements for the timely public notification of potential
human health risks from waterborne contaminants.
For example, section 1414 of the Safe Drinking Water Act
requires public water systems to notify the persons served by
the system of any failure to comply with applicable Federal or
state drinking water standards, the existence of any drinking
water variance to safe drinking water standards, and the
presence of any ``unregulated contaminants'' that pose a public
health threat. The Act also requires public water systems to
implement notification procedures to ensure that any violation
of a drinking water standard with potential serious adverse
effects on human health be made public as soon as practicable,
but not later than 24 hours after the violation. Finally, the
Act requires public water systems to provide written notice and
annual reports to Federal and State agencies, as well as to the
public.
Similarly, section 406 of the Clean Water Act authorizes
funding for state and local governments to implement coastal
recreational water quality monitoring and notification
programs. This authority, enacted as part of the Beaches
Environmental Assessment and Coastal Health (BEACH) Act of
2000, requires as a Federal grant condition that state and
local governments identify measures for the prompt
communication of contamination of coastal water quality, as
well as measures for the posting of appropriate public notice
(e.g., beach signs) that the coastal waters fail to meet water
quality standards.
Typically, the presence of waterborne contaminants in
drinking water and surface waters utilized for recreation is
detected through direct water quality sampling or national
reports of waterborne illness outbreaks, coordinated through
the Centers for Disease Control and Prevention's National
Center for Infectious Diseases. The likelihood for detection of
potential waterborne contaminants in drinking water and
recreational waters would dramatically increase if local
governmental officials and the public were provided with direct
notification in the event of a sewer overflow, rather than
waiting for the results of local water sampling or
epidemiological studies.
Over the past decade, EPA has taken several administrative
steps to encourage local governmental agencies, including
sewerage agencies, to report sewer overflows to Federal and
State agencies and the public.
In April 1994, EPA issued the Combined Sewer Overflow
Control Policy (59 Fed. Reg. 18688), which established a
national framework for control of CSOs through the Clean Water
Act's permitting program. This policy requires owners and
operators of combined sewer systems to implement minimum
technology-based controls (the ``nine minimum controls'') that
can reduce the prevalence and impacts of CSOs without
significant engineering studies or major construction. These
controls include a requirement for the public disclosure of
CSOs. The policy does not require any particular methodology
for notification, but identifies potential methods, including
posting appropriate notices in affected use areas or public
places, newspaper, radio, or television news programs, and
direct mail contact for affected residents. The requirements of
the control policy are limited to CSOs.
In 2001, the Clean Water Act was amended to require that
permits for combined sewer systems conform to the Combined
Sewer Overflow Control Policy. Section 402(q) of the Clean
Water Act requires that each permit issued for a discharge from
a municipal combined sewer system conform to the Combined Sewer
Overflow Control Policy. This amendment to the Clean Water Act
was enacted as part of the Consolidated Appropriations Act,
2001 (Pub. L. 106-554).
For SSOs, there is no consistent Federal requirement for
public notification of sewer overflows. Under existing EPA
regulations (40 CFR 122.41(l)(6)), NPDES permits should
establish a process for requiring a permittee to report any
noncompliance with the permit that may endanger health or the
environment. However, EPA regulations do not specifically
require notification of the public in the event of a sanitary
sewer overflows.
To address this lack of a consistent Federal requirement
for public notification, in January 2001, EPA issued a draft
SSO rule that, among other issues, would have implemented a
formal program for reporting, public notification, and
recordkeeping for sanitary sewer systems and SSOs.
This draft rule would have required owners and operators of
sanitary sewer systems to develop an overflow emergency plan
describing how the owner or operator would immediately notify
the public, public health agencies, and other similar entities
(e.g., drinking water suppliers and beach monitoring
authorities), of overflows that may imminently and
substantially endanger human health. In addition, the draft SSO
rule would have required owners or operators of publicly owned
treatment works to provide the appropriate Federal or state
agencies with information on the magnitude, duration, and
suspected cause of the overflow, as well as actions necessary
to avoid future overflows.
EPA's draft SSO rule was never finalized, and was later
withdrawn. No additional regulatory proposals for public
notification of SSOs have been issued.
Summary of the Legislation
Section 1. Short title
This section designates the title of the bill as the
``Sewage Overflow Community Right-to-Know Act''.
Section 2. Definitions
This section amends the definitions section of the Clean
Water Act (section 502) to include definitions for the terms
``sanitary sewer overflows'' and ``treatment works''.
The definition for ``sanitary sewer overflows'' is modeled
after the definition for such term in EPA's proposed rule for
``National Pollutant Discharge Elimination System (NPDES)
Permit Requirements for Municipal Sanitary Sewer Collection
Systems, Municipal Satellite Collection Systems, and Sanitary
Sewer Overflows,'' signed by the Administrator on January 4,
2001.
The definition for ``treatment works'' makes the existing
Clean Water Act definition for the term, found in section 212
of the Act, applicable to the entire Act.
Section 3. Monitoring, reporting, and public notification of sewer
overflows
This section amends section 402 of the Clean Water Act by
adding a new subsection (r) to provide a uniform, national
standard for monitoring, reporting, and public notification of
combined sewer overflows and sanitary sewer overflows. The
monitoring, notification, and reporting requirements of this
section are important steps to protect human health and the
environment by ensuring that public health authorities (and
other affected entities) and the public are aware of sewer
overflows, may take steps to avoid contact with overflows, and
that sewer overflows are addressed in an expedited manner. In
addition, the availability of comprehensive information on the
number, frequency, and location of sewer overflows may provide
additional support for increased investment in the nation's
water related infrastructure to reduce sewer overflows.
New subsection (r)(1) requires that, not later than one
year after the date of enactment of this subsection, the
Administrator shall take such action as may be necessary to
ensure that each permit issued under this subsection for a
publicly owned treatment works shall require, at a minimum,
that the owner or operator of the treatment works implement the
monitoring, notification, and reporting requirements described
in this subsection.
The Committee intends the term ``publicly owned treatment
works'' to include those devices and systems included within
the term ``treatment works'', as defined by section 212 of the
Act, that are under the ownership or operational control of the
Federal Government, or a state or a municipality as such terms
are defined in section 502 of the Act. New subsection (r)(1)
does not include treatment works that are not owned or under
the operational control of the Federal Government, a state, or
a municipality. New subsection (r)(1) also does not require a
publicly owned treatment works to assume monitoring,
notification, and reporting responsibility for satellite
collection systems (portions of a sanitary sewer system) that
may be connected to, but are not owned or operated by the
publicly owned treatment works. The Committee notes that EPA's
draft SSO rule (January 2001) would have included satellite
collection systems within the scope of its authority. Satellite
collection systems account for a majority of sanitary sewer
overflows that occur throughout the nation. Although H.R. 2452
does not require a publicly owned treatment works to assume
monitoring, notification, and reporting responsibility for a
satellite collection system which is not owned or operated by
the treatment works, the Committee believes that implementation
of a monitoring, notification, and reporting program for
satellite collection systems would further the goals of the
Clean Water Act and the Sewage Overflow Community Right-to-Know
Act.
New subsection (r)(1)(A) requires the owner or operator of
a publicly owned treatment works to institute and utilize a
feasible methodology, technology, or management program to
alert the owner or operator of the publicly owned treatment
works to the occurrence of a sewer overflow in a timely manner.
The Sewage Overflow Community Right-to-Know Act does not
define the terms ``feasible'' and ``timely'', but directs the
Administrator to conduct a formal rulemaking to define such
terms under new subsection (r)(3). The Committee expects that
the implementation monitoring methodologies, technologies, or
management programs that meet the ``feasible'' and ``timely''
requirements will be reasonably sufficient to provide the owner
or operator with actual or constructive knowledge of the
presence of a sewer overflow.
The Committee does not intend new subsection (r)(1)(A) to
require the implementation of a technology-based system at
every treatment works to monitor for potential sewer overflows,
but allows individual publicly owned treatment works to utilize
appropriate methodologies, technologies, or management programs
that will alert the owner or operator of sewer overflows,
consistent with the Agency's regulations under new subsection
(r)(3). The Committee does intend that whatever approved
methodology, technology, or management program is utilized for
monitoring, that such methodology, technology, or management
program is fully-implemented and adequately maintained, funded,
or staffed, to ensure that the owner or operator is alerted to
the occurrence of a sewer overflow.
New subsection (r)(1)(B) and (C) require the owner or
operator of a publicly owned treatment works to provide notice
in the event of a sewer overflow. New subsection (r)(1)(B)
requires owners and operators to notify the public of a sewer
overflow that has the ``potential to affect human health'' as
soon as practicable, but not later than 24 hours after the time
the owner or operator knows of the overflow. New subsection
(r)(1)(C) requires owners or operators to immediately notify
public health authorities and other affected entities, such as
public water systems, of a sewer overflow that may imminently
and substantially endanger human health.
The Sewage Overflow Community Right-to-Know Act does not
define the terms ``potential to affect human health'' or
``imminently and substantially endanger human health'', but
directs the Administrator to conduct a formal rulemaking to
define such terms under new subsection (r)(3). The Committee
intends that the regulations promulgated by the Environmental
Protection Agency with respect to notification not preclude
States, municipalities, or individual publicly owned treatment
works from adopting more stringent notification requirements
than called for in H.R. 2452. The Committee intends to provide
States, municipalities, and individual publicly owned treatment
works with the maximum amount of flexibility for the adoption
of individually tailored notification programs, provided that
such programs meet the minimum standards called for in H.R.
2452, including any regulations promulgated pursuant to the
Sewage Overflow Community Right-to-Know Act.
Both subsections (r)(1)(B) and (r)(1)(C) provide a limited
exemption from the notice requirement for a sewer overflow that
is limited to a wastewater backup into a single-family
residence (as this term is defined in new subsection
(r)(5)(B)). The Committee has provided this limited exemption
because, in practice, it is likely that residents of the
single-family residence will already know of the backup into
the residence, and in many cases, will likely have provided
notice to the owner or operator of the publicly owned treatment
works. The Committee felt that a limited exemption from the
notice was warranted to avoid the likelihood that the residents
of the single-family residence will notify the publicly owned
treatment works, only to be later notified by the same
treatment works as to the presence of the sewer overflow. This
exemption, however, does not apply to a sanitary sewer overflow
or municipal combined sewer overflow that is released outside
of a single-family residence, or to such overflows in a
residence that does not meet the definition of a single-family
residence found in new subsection (r)(5(B). For example, if a
sewer overflow occurs in a multi-family structure, such as an
apartment building, condominium, or dormitory, and the overflow
reaches the common areas of such structure (e.g., a common
hallway, laundry facility, foyer, or entryway), the owner or
operator of the treatment works is required to provide notice
to appropriate persons under subsections (r)(1)(B) and
(r)(1)(C).
New subsections (r)(1)(D) and (r)(1)(E) require the owner
or operator of a publicly owned treatment works to report sewer
overflows to the Administrator or the State. New subsection
(r)(1)(D) requires an owner or operator to report each sewer
overflow on its discharge monitoring report, including
information on the magnitude, duration, and suspected cause of
the overflow, the steps taken or planned to reduce, eliminate,
or prevent the recurrence of the overflow, and the steps taken
or planned to mitigate the impact of the overflow. New
subsection (r)(1)(E) requires the owner or operator to report
the total number of sewer overflows that occur in a calendar
year, including specific details on the volume of wastewater
released per incident, the duration of each sewer overflow, the
location of the overflow and any potentially affected receiving
waters, the responses taken to clean up the overflow, and any
actions taken to mitigate the impacts of the overflow and to
avoid further future overflows at the site.
Both subsections (r)(1)(D) and (r)(1)(E) provide a limited
exemption from the reporting requirements for the release of
wastewater that: (1) occurs in the course of maintenance of the
treatment works; (2) is managed consistently with the treatment
works' best management practices; and (3) is intended to
prevent overflows. The Committee has provided this limited
exemption to address routine maintenance of sewer systems, such
as activities to clear our sewer lines. The Committee intends
this exemption to be read narrowly, that it be limited to
releases that are both de minimus in terms of both duration and
volume, and meet all of the requirements listed in the
exemption. The reporting requirement exemption in both
subsections (r)(1)(D) and (r)(1)(E) does not include releases
in connection with a ``bypass'' or ``upset'', as those terms
are defined in the Code of Federal Regulations (40 CFR
Sec. 122.41(m) and (n) (2006)).
New subsection (r)(2) requires individual States to provide
an annual summary report to the Administrator on sewer
overflows that occurred within the State.
New subsection (r)(3) directs the Administrator, within one
year of the date of enactment of the Sewage Overflow Community
Right-to-Know Act, to finalize and issue regulations to
implement new subsection (r), including regulations to provide
additional clarity on the terms ``feasible'', ``timely'',
``potential to affect human health'', and ``imminently and
substantially endanger human health''.
In defining the term ``feasible'', the Committee expects
the Administrator to consider: (1) the availability of a
monitoring technology, methodology, or management program; (2)
the ability of a technology, methodology, or management program
to reasonably detect the occurrence of a sewer overflow; (3)
the cost of implementing the technology, methodology, or
management program; (4) the designated use of potential
receiving waters; (5) the proximity of an overflow to a source
of drinking water or a recreation water; (6) the potential
public health implications of an overflow to the public, with
particular emphasis on susceptible populations; (7) the size of
the publicly owned treatment works (in terms of population
served and the treatment capacity of the treatment works); (8)
the nature or quality of pollutants contained in the raw waste
load of the treatment works wastewater; (9) the frequency,
volume, and duration of past sewer overflows by a particular
publicly owned treatment works; and (10) other factors that the
Administrator considers appropriate.
In defining the term ``timely'', the Committee expects the
Administrator to ensure that the owner or operator of the
publicly owned treatment work has knowledge of the sewer
overflow as quickly as practicable, depending upon the
monitoring technology, methodology, or management program
implemented by the owner or operator, and consistent with the
public health goals of the Sewage Overflow Community Right-to-
Know Act and goals of the Clean Water Act ``to restore and
maintain the chemical, and physical, and biological integrity
of the Nation's waters.''
New subsection (r)(4) directs the Administrator to include
site specific conditions within its regulatory definition for
the terms ``feasible'' and ``timely''.
New subsection (r)(5) defines the terms ``sewer overflow''
and ``single family residence'' as such terms are utilized in
new subsection (r). The term ``sewer overflow'' is defined to
include both sanitary sewer overflows (as such term is defined
in new section 502(25) of the Act), and municipal combined
sewer overflows.
The term ``single-family residence'' is defined as an
individual dwelling unit, including an apartment, condominium,
house, or dormitory, but specifically excludes common areas
from multi-dwelling structures. The definition for ``single-
family residence'' is utilized to define the scope of the
limited exemption for notice of sewer overflows found in
subsections (r)(1)(B) and (r)(1)(C).
Section 4. Eligibility for assistance
This section amends sections 601(a) and 606(c) of the Clean
Water Act to authorize funding from the Clean Water State
Revolving Fund to be utilized for carrying out the monitoring,
notification, and reporting requirements of the Sewage Overflow
Community Right-to-Know Act.
Section 5. Limitation on statutory construction
This section provides that nothing in this Act, including
any amendments made by this Act, shall be construed (1) to
limit the ability of any State from implementing and enforcing
more stringent monitoring and notification standards than those
required by the Clean Water Act; or (2) to supplant or diminish
obligations to comply with all other requirements of the Act.
Additional Matters
The monitoring, notification, and reporting requirements of
the Sewage Overflow Community Right-to-Know Act are not
intended to preclude or deny any right of a State,
municipality, or individual publicly owned treatment works from
implementing monitoring, notification, or reporting
requirements that are more stringent or comprehensive than
those contained in H.R. 2452 or the regulations promulgated by
the Environmental Protection Agency to implement this Act.
Accordingly, States, municipalities, and individual publicly
owned treatment works may adopt or enforce any regulation,
requirement, or permit condition with respect to the
monitoring, notification, and reporting that is more stringent
than a regulation, requirement, or permit condition issued
under the Sewage Overflow Community Right-to-Know Act.
In addition, the additional monitoring, notification, and
reporting requirements made by H.R. 2452 do not explicitly or
implicitly authorize sanitary sewer overflows or municipal
combined sewer overflows outside of the existing statutory
requirements of the Clean Water Act.
Finally, the Committee intends that the amendments to the
Clean Water Act made by the Sewage Overflow Community Right-to-
Know Act will continue to allow for the utilization of the
Combined Sewer Overflow Control Policy (under Sec. 402(q) of
the Clean Water Act) to the extent that the monitoring,
notification, and reporting requirements contained in the nine
minimum controls and long term control plan of an individual
publicly owned treatment works are not inconsistent with the
monitoring, notification, and reporting requirements of H.R.
2452. To the extent that an individual publicly owned treatment
works' nine minimum controls or long-term control plan either
does not include monitoring, notification, or reporting
requirements, or such monitoring, notification, or reporting
requirements are inconsistent with the requirements of H.R.
2452, the monitoring, notification, or reporting requirements
contained in H.R. 2452, and the implementing regulations
promulgated by the Environmental Protection Agency shall apply.
Legislative History and Committee Consideration
On May 23, 2007, Representative Timothy H. Bishop
introduced H.R. 2452, the ``Raw Sewage Overflow Community
Right-to-Know Act''. In the 109th Congress, a similar bill
(H.R. 1720) was introduced, but no action was taken on that
legislation.
On October 16, 2007, the Subcommittee on Water Resources
and Environment held a hearing on the ``Raw Sewage Overflow
Community Right-to-Know Act'' in which representatives from the
Environmental Protection Agency, state and local government
officials, public health officials, and other stakeholders
testified on the issue of public notification of sewer
overflow.
On May 7, 2008, the Subcommittee on Water Resources and
Environment met to consider H.R. 2452. The Subcommittee
adopted, by voice vote, an amendment in the nature of a
substitute that made several technical and clarifying changes
to the bill. First, the amendment modified the short title of
the bill to be the ``Sewage Overflow Community Right-to-Know
Act''. Second, the amendment deleted section 2 of the
introduced bill that included legislative findings. Third, the
amendment made technical changes to the definitions for
``sanitary sewer overflow'' and ``sewer overflow'', struck the
definition of ``combined sewer overflow'', and added a
definition of ``treatment works''. Finally, the amendment
modified the requirements for monitoring, reporting, and public
notification of sewer overflows by: (1) adding ``feasible'' and
``timely'' considerations for implementation of approved
monitoring methodologies, technologies, and management
programs; (2) consolidating the notification requirements for
sewer overflows; (3) creating a narrow exemption for public
notification of sewer basement backups; and (4) creating a new
section directing the Environmental Protection Agency to
conduct a formal rulemaking to define the terms ``feasible'',
``timely'', ``potential to affect public health'', and
``imminently and substantially endanger public health''.
The Subcommittee approved H.R. 2452, as amended, and
favorably recommended it to the Committee on Transportation and
Infrastructure by voice vote.
On May 15, 2008, the Committee on Transportation and
Infrastructure met in open session, and ordered H.R. 2452, as
amended, reported to the House by voice vote with a quorum
present.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with consideration
of H.R. 2452 or ordering it reported. A motion to order H.R.
2452, as amended, reported favorably to the House was agreed to
by voice vote with a quorum present.
Committee Oversight and Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
provide a uniform, national standard for monitoring, reporting,
and public notification of combined sewer overflows and
sanitary sewer overflows.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 2452
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington. DC, June 11, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2452, a bill to
amend the Federal Water Pollution Control Act to ensure that
sewage treatment plants monitor for and report discharges of
sewage, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for federal costs) and Neil Hood (for the state and
local impact).
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 2452--A bill to amend the Federal Water Pollution Control Act to
ensure that sewage treatment plants monitor for and report
discharges of sewage, and for other purposes
H.R. 2452 would require owners and operators of publicly
owned sewage treatment plants to notify federal and state
agencies and the public in a timely manner of any sewer
overflows. Under this legislation, the Environmental Protection
Agency (EPA) would be required to develop regulations
establishing guidelines for the notifications. The legislation
also would expand the types of activities that are eligible to
receive funds from the Clean Water State Revolving Fund.
Based on information from EPA, CBO estimates that
implementing this legislation would cost about $1 million in
2009 and less than $500,000 in subsequent years, subject to the
availability of appropriations. Enacting the bill would not
affect direct spending or receipts.
H.R. 2452 contains several intergovernmental mandates as
defined in the Unfunded Mandates Reform Act (UMRA).
Specifically, the bill would direct EPA to implement new permit
requirements that would mandate treatment plants to:
Institute and utilize a monitoring program
for sewer overflows, including combined sewer overflows
and sanitary sewer overflows;
Notify the public of a sewer overflow within
24 hours if there are potential effects on human
health;
Notify public health authorities and other
affected entities, such as public water systems, if
there is a potential risk to human health due to a
sewer overflow;
Submit an annual report to EPA or the state
on the number of overflows in a calendar year,
including the details of magnitude, duration, location,
potentially affected receiving waters, and mitigation
efforts. If a state receives a report under this
requirement, that state must submit to EPA a summary of
the report.
Without knowing the precise nature of the regulations that
EPA would issue as a result of this bill, CBO cannot make a
precise estimate of the costs of the mandates. Based on
information from affected entities, however, we estimate that
the costs of the mandates could exceed the threshold
established in UMRA. The bill's new requirements would involve
additional personnel costs and could necessitate new
infrastructure and engineering expertise. According to EPA and
the National Association of Clean Water Agencies (NACWA), over
16,000 treatment plants operate in the United States, and each
of those entities could be affected by the permitting
requirements in H.R. 2452. Infrastructure changes, if required
by the regulations, could be particularly expensive. Given the
large number of affected entities, even a small increase in
additional costs (less than $4,500 per entity annually) would
result in costs that exceed the threshold for intergovernmental
mandates ($68 million in 2008, adjusted annually for
inflation). The bill also would expand the types of activities
eligible to receive funds from the Clean Water State Revolving
Fund to include the monitoring requirements discussed above.
The bill contains no new private-sector mandates as defined
in UMRA.
The CBO staff contacts for this estimate are Susanne S.
Mehlman (for federal costs) and Neil Hood (for the state and
local impact). This estimate was approved by Theresa Grillo,
Assistant Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 2452, the Sewage Overflow Community
Right-to-Know Act, does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the
House of Representatives.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 2452 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislation Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE IV--PERMITS AND LICENSES
* * * * * * *
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Sec. 402. (a) * * *
* * * * * * *
(r) Sewer Overflow Notifications.--
(1) General requirements.--Not later than one year
after the date of enactment of this subsection, the
Administrator shall take such action as may be
necessary to ensure that each permit issued under this
section before, on, or after the date of enactment of
this subsection for a publicly owned treatment works
shall require, at a minimum, that the owner or operator
of the treatment works--
(A) institute and utilize a feasible
methodology, technology, or management program
to alert the owner or operator to the
occurrence of a sewer overflow in a timely
manner;
(B) notify the public of a sewer overflow as
soon as practicable, but not later than 24
hours after the time the owner or operator
becomes aware of such overflow, if such
overflow has the potential to affect human
health, except for overflows that are
wastewater backups into single-family
residences;
(C) immediately notify public health
authorities and other affected entities, such
as public water systems, of any sewer overflow
that may imminently and substantially endanger
human health, except for overflows that are
wastewater backups into single-family
residences;
(D) report each sewer overflow (other than 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 overflows) on its monthly 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) report to the Administrator or the State,
as the case may be, the total number of sewer
overflows (other than 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 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) Report to epa.--If a State receives a report
under paragraph (1)(E), the State shall report to the
Administrator annually, in summary, the details of
reported sewer overflows that occurred in that State.
(3) Rulemaking by epa.--Not later than one year after
the date of enactment of this subsection, the
Administrator shall, after providing notice and the
opportunity for public comment, issue regulations to--
(A) establish a set of criteria to guide
owners and operators of publicly owned
treatment works in assessing whether a sewer
overflow has the potential to affect human
health or may imminently and substantially
endanger human health; and
(B) define the terms ``feasible'' and
``timely'' as such terms apply to paragraph
(1)(A).
(4) Site specific conditions.--The definitions under
paragraph (3)(B) shall include site specific
conditions.
(5) Definitions.--
(A) Sewer overflow.--In this subsection, the
term ``sewer overflow'' means a sanitary sewer
overflow or a municipal combined sewer
overflow.
(B) Single family residence.--In this
subsection, 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.
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
GENERAL DEFINITIONS
Sec. 502. Except as otherwise specifically provided, when
used in this Act:
(1) * * *
* * * * * * *
(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.
* * * * * * *
TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS.
(a) General Authority.--Subject to the provisions of this
title, the Administrator shall make capitalization grants to
each State for the purpose of establishing a water pollution
control revolving fund for providing assistance (1) for
construction of treatment works (as defined in section 212 of
this Act) which are publicly owned, (2) for implementing a
management program under section 319, [and] (3) for developing
and implementing a conservation and management plan under
section 320, and (4) for the implementation of requirements to
monitor for sewer overflows under section 402.
* * * * * * *
SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) * * *
* * * * * * *
(c) Projects Eligible for Assistance.--The amounts of funds
available to each State water pollution control revolving fund
shall be used only for providing financial assistance (1) to
any municipality, intermunicipal, interstate, or State agency
for construction of publicly owned treatment works (as defined
in section 212 of this Act), (2) for the implementation of a
management program established under section 319 of this Act,
[and] (3) for development and implementation of a conservation
and management plan under section 320 of this Act, and (4) for
the implementation of requirements to monitor for sewer
overflows under section 402 of this Act. The fund shall be
established, maintained, and credited with repayments, and the
fund balance shall be available in perpetuity for providing
such financial assistance.
* * * * * * *