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Union Calendar No. 566
106th CONGRESS
2d Session
H. R. 828
[Report No. 106-943]
To amend the Federal Water Pollution Control Act to require that
discharges from combined storm and sanitary sewers conform to the
Combined Sewer Overflow Control Policy of the Environmental Protection
Agency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 1999
Mr. Barcia (for himself, Mr. Roemer, Mr. Terry, Mr. Frank of
Massachusetts, Mr. Ney, Mr. Mascara, Ms. McCarthy of Missouri, Mr.
Allen, Mr. Baldacci, and Mr. Dingell) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
October 6, 2000
Additional sponsors: Mr. McIntosh, Mr. Rahall, Mr. Metcalf, Mr. Scott,
Mr. Goode, Mr. Rothman, Mr. Dicks, Mr. Evans, Mr. Sanders, Mr. Gillmor,
Mr. Goodlatte, Mr. Shimkus, Ms. Kaptur, Mr. Upton, Mr. English, Mr.
Bass, Ms. Danner, Mr. Holden, Mr. Hoekstra, Mr. Wu, Mr. Kennedy of
Rhode Island, Mr. Wise, Mr. Matsui, Ms. Kilpatrick, Mr. Sawyer, Mr.
Lucas of Kentucky, Mr. Costello, Mr. Davis of Illinois, Mr. Neal of
Massachusetts, Mr. Whitfield, Mr. Payne, Mr. Klink, Mr. Hoeffel, Mr.
McGovern, Mr. Mollohan, Mr. Murtha, Mr. Bliley, Ms. Carson, Mr. Ehlers,
Mr. Weller, Mr. Buyer, Mr. Frost, Mr. Leach, Mr. Owens, Mr. Bateman,
Mr. Gilman, Mr. Souder, Mr. McHugh, Mr. Gilchrest, Mr. Quinn, Mr.
Kanjorski, Mr. Isakson, Mr. Camp, Mr. Pease, Mr. Olver, Mr. Meehan, and
Mr. Bereuter
October 6, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 24, 1999]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to require that
discharges from combined storm and sanitary sewers conform to the
Combined Sewer Overflow Control Policy of the Environmental Protection
Agency, 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 ``Wet Weather Water Quality Act of
2000''.
SEC. 2. COMBINED 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:
``(q) Combined Sewer Overflows.--
``(1) Requirement for permits, orders, and decrees.--Each
permit, order, or decree issued pursuant to this Act after the
date of enactment of this subsection for a discharge from a
municipal combined storm and sanitary sewer shall conform to
the Combined Sewer Overflow Control Policy signed by the
Administrator on April 11, 1994 (in this subsection referred to
as the `CSO control policy'), and shall provide for the
development and implementation of long-term control plans to
meet applicable water quality standards as expeditiously as
possible.
``(2) Water quality and designated use review guidance.--
Not later than December 31, 2000, and after providing notice
and opportunity for public comment, the Administrator shall
issue guidance to facilitate the conduct of water quality and
designated use reviews for municipal combined sewer overflow
receiving waters.
``(3) Report.--Not later than September 1, 2001, the
Administrator shall transmit to Congress a report on the
progress made by the Environmental Protection Agency, States,
and municipalities in implementing and enforcing the CSO
control policy.''.
SEC. 3. WET WEATHER PILOT PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.
``(a) In General.--The Administrator, in coordination with the
States, may provide technical assistance and grants for treatment works
to carry out pilot projects relating to the following areas of wet
weather discharge control:
``(1) Watershed management of wet weather discharges.--The
management of municipal combined sewer overflows, sanitary
sewer overflows, and stormwater discharges, on an integrated
watershed or subwatershed basis for the purpose of
demonstrating the effectiveness of a unified wet weather
approach.
``(2) Stormwater best management practices.--The control of
pollutants from municipal separate storm sewer systems for the
purpose of demonstrating and determining controls that are
cost-effective and that use innovative technologies in reducing
such pollutants from stormwater discharges.
``(b) Administration.--The Administrator, in coordination with the
States, shall provide municipalities participating in a pilot project
under this section the ability to engage in innovative practices,
including the ability to unify separate wet weather control efforts
under a single permit.
``(c) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2002,
$15,000,000 for fiscal year 2003, and $20,000,000 for fiscal
year 2004. Such funds shall remain available until expended.
``(2) Stormwater.--The Administrator shall make available
not less than 20 percent of amounts appropriated for a fiscal
year pursuant to this subsection to carry out the purposes of
subsection (a)(2).
``(3) Administrative expenses.--The Administrator may
retain not to exceed 4 percent of any amounts appropriated for
a fiscal year pursuant to this subsection for the reasonable
and necessary costs of administering this section.
``(d) Report to Congress.--Not later than 5 years after the date of
enactment of this section, the Administrator shall transmit to Congress
a report on the results of the pilot projects conducted under this
section and their possible application nationwide.''.
SEC. 4. SEWER OVERFLOW CONTROL GRANTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1342
et seq.) is amended by adding at the end the following:
``SEC. 220. SEWER OVERFLOW CONTROL GRANTS.
``(a) In General.--In any fiscal year in which the Administrator
has available for obligation at least $1,200,000,000 for the purposes
of section 601--
``(1) the Administrator may make grants to States for the
purpose of providing grants to a municipality or municipal
entity for planning, design, and construction of treatment
works to intercept, transport, control, or treat municipal
combined sewer overflows and sanitary sewer overflows; and
``(2) subject to subsection (g), the Administrator may make
a direct grant to a municipality or municipal entity for the
purposes described in paragraph (1).
``(b) Prioritization.--In selecting from among municipalities
applying for grants under subsection (a), a State or the Administrator
shall give priority to an applicant that--
``(1) is a municipality that is a financially distressed
community under subsection (c);
``(2) has implemented or is complying with an
implementation schedule for the 9 minimum controls specified in
the CSO control policy referred to in section 402(q)(1) and has
begun implementing a long-term municipal combined sewer
overflow control plan or a separate sanitary sewer overflow
control plan; or
``(3) is requesting a grant for a project that is on a
State's intended use plan pursuant to section 606(c).
``(c) Financially Distressed Community.--
``(1) Definition.--In subsection (b), the term `financially
distressed community' means a community that meets
affordability criteria established by the State in which the
community is located, if such criteria are developed after
public review and comment.
``(2) Consideration of impact on water and sewer rates.--In
determining if a community is a distressed community for the
purposes of subsection (b), the State shall consider, among
other factors, the extent to which the rate of growth of a
community's tax base has been historically slow such that
implementing a plan described in subsection (b)(2) would result
in a significant increase in any water or sewer rate charged by
the community's publicly owned wastewater treatment facility.
``(3) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (1).
``(d) Cost Sharing.--The Federal share of the cost of activities
carried out using amounts from a grant made under subsection (a) shall
be not less than 55 percent of the cost. The non-Federal share of the
cost may include, in any amount, public and private funds and in-kind
services, and may include, notwithstanding section 603(h), financial
assistance, including loans, from a State water pollution control
revolving fund.
``(e) Administrative Reporting Requirements.--If a project receives
grant assistance under subsection (a) and loan assistance from a State
water pollution control revolving fund and the loan assistance is for
15 percent or more of the cost of the project, the project may be
administered in accordance with State water pollution control revolving
fund administrative reporting requirements for the purposes of
streamlining such requirements.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000,000 for each of fiscal
years 2002 and 2003. Such sums shall remain available until expended.
``(g) Allocation of Funds.--
``(1) Fiscal year 2002.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2002 for making grants to
municipalities and municipal entities under subsection (a)(2),
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2003.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2003 as follows:
``(A) Not to exceed $250,000,000 for making grants
to municipalities and municipal entities under
subsection (a)(2), in accordance with the criteria set
forth in subsection (b).
``(B) All remaining amounts for making grants to
States under subsection (a)(1), in accordance with a
formula to be established by the Administrator, after
providing notice and an opportunity for public comment,
that allocates to each State a proportional share of
such amounts based on the total needs of the State for
municipal combined sewer overflow controls and sanitary
sewer overflow controls identified in the most recent
survey conducted pursuant to section 516(b)(1).
``(h) Administrative Expenses.--Of the amounts appropriated to
carry out this section for each fiscal year--
``(1) the Administrator may retain an amount not to exceed
1 percent for the reasonable and necessary costs of
administering this section; and
``(2) the Administrator, or a State, may retain an amount
not to exceed 4 percent of any grant made to a municipality or
municipal entity under subsection (a), for the reasonable and
necessary costs of administering the grant.
``(i) Reports.--Not later than December 31, 2003, and periodically
thereafter, the Administrator shall transmit to Congress a report
containing recommended funding levels for grants under this section.
The recommended funding levels shall be sufficient to ensure the
continued expeditious implementation of municipal combined sewer
overflow and sanitary sewer overflow controls nationwide.''.
SEC. 5. INFORMATION ON CSOS AND SSOS.
(a) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall transmit to Congress a report summarizing--
(1) the extent of the human health and environmental
impacts caused by municipal combined sewer overflows and
sanitary sewer overflows, including the location of discharges
causing such impacts, the volume of pollutants discharged, and
the constituents discharged;
(2) the resources spent by municipalities to address these
impacts; and
(3) an evaluation of the technologies used by
municipalities to address these impacts.
(b) Technology Clearinghouse.--After transmitting a report under
subsection (a), the Administrator shall maintain a clearinghouse of
cost-effective and efficient technologies for addressing human health
and environmental impacts due to municipal combined sewer overflows and
sanitary sewer overflows.
Union Calendar No. 566
106th CONGRESS
2d Session
H. R. 828
[Report No. 106-943]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to require that
discharges from combined storm and sanitary sewers conform to the
Combined Sewer Overflow Control Policy of the Environmental Protection
Agency, and for other purposes.
_______________________________________________________________________
October 6, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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