I

106TH CONGRESS

1ST SESSION H. R. 828

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

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Combined Sewer Over5 flow Control and Partnership Act of 1999’’.
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1 SEC. 2. COMBINED SEWER OVERFLOWS.

2 Section 402 of the Federal Water Pollution Control

3 Act (33 U.S.C. 1342) is amended by adding at the end

4 the following:

5 ‘‘(q) COMBINED SEWER OVERFLOWS.—

6 ‘‘(1) REQUIREMENT FOR PERMITS, ORDERS,

7 AND DECREES.—Each permit, order, or decree

8 issued pursuant to this Act for a discharge from a

9 combined storm and sanitary sewer shall conform to

10 the Combined Sewer Overflow Control Policy signed

11 by the Administrator on April 11, 1994.

12 ‘‘(2) TERM OF PERMIT, ORDER, OR DECREE.—

13 ‘‘(A) AUTHORITY TO ISSUE.—Notwith14 standing any schedule for compliance author15 ized by section 301(b), or any permit limitation

16 authorized by subsection (b)(1)(B) of this sec17 tion, the Administrator or the State (in the case

18 of a State with a program approved under sub19 section (b)) may issue or execute a permit,

20 order, or decree consistent with this section for

21 a discharge from a combined storm and sani22 tary sewer.

23 ‘‘(B) SCHEDULE FOR COMPLIANCE.—

24 ‘‘(i) IN GENERAL.—A permit, order,

25 or decree issued pursuant to subparagraph

26 (A) shall include a schedule for compliance,
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1 within a period of not to exceed 15 years,

2 with a long-term control plan under the

3 Control Policy referred to in paragraph

4 (1).

5 ‘‘(ii) EXCEPTION.—Notwithstanding

6 clause (i), a compliance schedule of longer

7 than 15 years may be granted if the owner

8 or operator demonstrates to the satisfac9 tion of the Administrator or the State, as

10 appropriate, reasonable further progress

11 towards compliance with a long-term plan

12 under the Control Policy and if the Admin13 istrator or the State, as appropriate,

14 determines—

15 ‘‘(I) that compliance within 15

16 years is not within the economic capa17 bility of the owner or operator; or

18 ‘‘(II) that a longer period is oth19 erwise appropriate.

20 ‘‘(3) SAVINGS CLAUSE.—Any administrative or

21 judicial decree or order issued before the date of en22 actment of this subsection establishing any deadline,

23 schedule, or timetable for the construction of treat24 ment works for control of any discharge from a mu25 nicipal combined sewer system may, at the request
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1 of the municipal owner or operator, be modified to

2 extend any such deadline, schedule, or timetable to

3 conform with the requirements of paragraph (2).

4 ‘‘(4) WATER QUALITY STANDARDS-DESIGNATED

5 USE REVIEW.—No permit, order, or decree issued

6 pursuant to this Act shall require compliance with

7 water quality based requirements contained in a

8 long-term control plan under the Control Policy re9 ferred to in paragraph (1) unless the Administrator

10 or the State, as appropriate, has completed the

11 water quality standards-designated use review proc12 ess called for in the Control Policy, including the

13 adoption of any refinements needed to reflect the

14 site-specific wet weather impacts of combined sewer

15 overflows and to ensure that the long-term control

16 plan provides for cost-effective compliance with

17 water quality standards. Consideration shall be given

18 to conducting these reviews on a watershed basis

19 where appropriate. Nothing in this subsection may

20 be construed to affect either the authority to con21 duct or scheduling of water quality standard reviews

22 required under section 303(c).

23 ‘‘(5) GRANTS.—

24 ‘‘(A) IN GENERAL.—The Administrator

25 may make grants to any municipality or munic-
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1 ipal entity for planning, design, and construc2 tion of facilities to intercept, transport, control,

3 or treat combined storm and sanitary sewer

4 flows.

5 ‘‘(B) FEDERAL SHARE.—The Federal

6 share of the cost of activities carried out using

7 amounts from a grant made under subpara8 graph (A) shall be at least 55 percent of the

9 cost. The non-Federal share of the cost may in10 clude, in any amount, public and private funds

11 and in-kind services.

12 ‘‘(C) AUTHORIZATION OF APPROPRIA13 TIONS.—There is authorized to be appropriated

14 to carry out this paragraph $500,000,000 for

15 fiscal year 2000, $750,000,000 for fiscal year

16 2001, and $1,000,000,000 for fiscal year 2002.

17 Such sums shall remain available until ex18 pended.

19 ‘‘(D) REPORTS.—On or before January 1,

20 2002, and once every 2 years thereafter, the

21 Administrator shall transmit to Congress a re22 port containing recommended funding levels for

23 the 2 fiscal years following the date of the re24 port for activities relating to combined storm
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1 and sanitary sewer flows described in subpara2 graph (A).’’.

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