IB 

Union Calendar No. 9 

111TH CONGRESS 

1ST SESSION H. R. 1262 

[Report No. 111–26] 

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2009 

Mr. OBERSTAR (for himself, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

YOUNG of Alaska, Mrs. TAUSCHER, Mr. BISHOP of New York, Mr. 

LOBIONDO, Mrs. NAPOLITANO, Mr. ARCURI, Mr. PASCRELL, and Mr. 

MCNERNEY) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

MARCH 9, 2009 

Additional sponsors: Ms. NORTON, Mr. CAPUANO, Mr. FILNER, Mr. KAGEN, 

and Ms. EDWARDS of Maryland 

MARCH 9, 2009 

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 March 3, 2009] 

A BILL 

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control 

revolving funds, and for other purposes. 


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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; TABLE OF CONTENTS. 

4 (a) IN GENERAL.—This Act may be cited as the 

5 ‘‘Water Quality Investment Act of 2009’’. 

6 (b) TABLE OF CONTENTS.— 

1. Short title; table of contents. 

2. Amendment of Federal Water Pollution Control Act. 

TITLE I—WATER QUALITY FINANCING 

Subtitle A—Technical and Management Assistance 

1101. Technical assistance. 

1102. State management assistance. 

1103. Watershed pilot projects. 

Subtitle B—Construction of Treatment Works 

1201. Sewage collection systems. 

1202. Treatment works defined. 

Subtitle C—State Water Pollution Control Revolving Funds 

1301. General authority for capitalization grants. 

1302. Capitalization grant agreements. 

1303. Water pollution control revolving loan funds. 

1304. Allotment of funds. 

1305. Intended use plan. 

1306. Annual reports. 

1307. Technical assistance; requirements for use of American materials. 

1308. Authorization of appropriations. 

Subtitle D—General Provisions 

1401. Definition of treatment works. 

1402. Funding for Indian programs. 

Subtitle E—Tonnage Duties 

1501. Tonnage duties. 

TITLE II—ALTERNATIVE WATER SOURCE PROJECTS 

2001. Pilot program for alternative water source projects. 

TITLE III—SEWER OVERFLOW CONTROL GRANTS 

3001. Sewer overflow control grants. 


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TITLE IV—MONITORING, REPORTING, AND PUBLIC NOTIFICATION 

OF SEWER OVERFLOWS 

4001. Monitoring, reporting, and public notification of sewer overflows. 

TITLE V—GREAT LAKES LEGACY REAUTHORIZATION 

5001. Remediation of sediment contamination in areas of concern. 

5002. Public information program. 

5003. Contaminated sediment remediation approaches, technologies, and techniques. 

1 SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CON2 TROL ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms of 

5 an amendment to, or repeal of, a section or other provision, 

6 the reference shall be considered to be made to a section or 

7 other provision of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1251 et seq.). 

9 TITLE I—WATER QUALITY 

10 FINANCING 

11 Subtitle A—Technical and 

12 Management Assistance 

13 SEC. 1101. TECHNICAL ASSISTANCE. 

14 (a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL

15 TREATMENT WORKS.—Section 104(b) (33 U.S.C. 1254(b)) 

16 is amended— 

17 (1) by striking ‘‘and’’ at the end of paragraph 

18 (6); 

19 (2) by striking the period at the end of para20 graph (7) and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(8) make grants to nonprofit organizations— 

3 ‘‘(A) to provide technical assistance to rural 

4 and small municipalities for the purpose of as5 sisting, in consultation with the State in which 

6 the assistance is provided, such municipalities in 

7 the planning, developing, and acquisition of fi8 nancing for eligible projects described in section 

9 603(c); 

10 ‘‘(B) to provide technical assistance and 

11 training for rural and small publicly owned 

12 treatment works and decentralized wastewater 

13 treatment systems to enable such treatment 

14 works and systems to protect water quality and 

15 achieve and maintain compliance with the re16 quirements of this Act; and 

17 ‘‘(C) to disseminate information to rural 

18 and small municipalities and municipalities 

19 that meet the affordability criteria established 

20 under section 603(i)(2) by the State in which the 

21 municipality is located with respect to planning, 

22 design, construction, and operation of publicly 

23 owned treatment works and decentralized waste24 water treatment systems.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 104(u) (33 U.S.C. 1254(u)) is amended— 

3 (1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; 

4 and 

5 (2) by inserting before the period at the end the 

6 following: ‘‘; and (7) not to exceed $100,000,000 for 

7 each of fiscal years 2010 through 2014 for carrying 

8 out subsections (b)(3), (b)(8), and (g), except that not 

9 less than 20 percent of the amounts appropriated pur10 suant to this paragraph in a fiscal year shall be used 

11 for carrying out subsection (b)(8)’’. 

12 (c) SMALL FLOWS CLEARINGHOUSE.—Section 

13 104(q)(4) (33 U.S.C. 1254(q)(4)) is amended— 

14 (1) in the first sentence by striking ‘‘$1,000,000’’ 

15 and inserting ‘‘$3,000,000’’; and 

16 (2) in the second sentence by striking ‘‘1986’’ 

17 and inserting ‘‘2011’’. 

18 SEC. 1102. STATE MANAGEMENT ASSISTANCE. 

19 Section 106(a) (33 U.S.C. 1256(a)) is amended— 

20 (1) by striking ‘‘and’’ at the end of paragraph 

21 (1); 

22 (2) by striking the semicolon at the end of para23 graph (2) and inserting ‘‘; and’’; and 

24 (3) by inserting after paragraph (2) the fol25 lowing: 


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1 ‘‘(3) such sums as may be necessary for each of 

2 fiscal years 1991 through 2009, and $300,000,000 for 

3 each of fiscal years 2010 through 2014;’’. 

4 SEC. 1103. WATERSHED PILOT PROJECTS. 

5 (a) PILOT PROJECTS.—Section 122 (33 U.S.C. 1274) 

6 is amended— 

7 (1) in the section heading by striking ‘‘WET

8 WEATHER’’; and 

9 (2) in subsection (a)— 

10 (A) in the matter preceding paragraph (1) 

11 by striking ‘‘wet weather discharge’’; 

12 (B) in paragraph (2) by striking ‘‘in reduc13 ing such pollutants’’ and all that follows before 

14 the period at the end and inserting ‘‘to manage, 

15 reduce, treat, or reuse municipal stormwater, in16 cluding low-impact development technologies’’; 

17 and 

18 (C) by adding at the end the following: 

19 ‘‘(3) WATERSHED PARTNERSHIPS.—Efforts of 

20 municipalities and property owners to demonstrate 

21 cooperative ways to address nonpoint sources of pollu22 tion to reduce adverse impacts on water quality. 

23 ‘‘(4) INTEGRATED WATER RESOURCE PLAN.—The 

24 development of an integrated water resource plan for 

25 the coordinated management and protection of surface 


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1 water, ground water, and stormwater resources on a 

2 watershed or subwatershed basis to meet the objectives, 

3 goals, and policies of this Act.’’. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 122(c)(1) is amended by striking ‘‘for fiscal year 2004’’ and 

6 inserting ‘‘for each of fiscal years 2004 through 2014’’. 

7 (c) REPORT TO CONGRESS.—Section 122(d) is amend8 ed by striking ‘‘5 years after the date of enactment of this 

9 section,’’ and inserting ‘‘October 1, 2011,’’. 

10 Subtitle B—Construction of 

11 Treatment Works 

12 SEC. 1201. SEWAGE COLLECTION SYSTEMS. 

13 Section 211 (33 U.S.C. 1291) is amended— 

14 (1) by striking the section heading and all that 

15 follows through ‘‘(a) No’’ and inserting the following: 

16 ‘‘SEC. 211. SEWAGE COLLECTION SYSTEMS. 

17 ‘‘(a) IN GENERAL.—No’’; 

18 (2) in subsection (b) by inserting ‘‘POPULATION

19 DENSITY.—’’ after ‘‘(b)’’; and 

20 (3) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) EXCEPTIONS.— 

23 ‘‘(1) REPLACEMENT AND MAJOR REHABILITA24 TION.—Notwithstanding the requirement of subsection 

25 (a)(1) concerning the existence of a collection system 


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1 as a condition of eligibility, a project for replacement 

2 or major rehabilitation of a collection system existing 

3 on January 1, 2007, shall be eligible for a grant 

4 under this title if the project otherwise meets the re5 quirements of subsection (a)(1) and meets the require6 ment of paragraph (3). 

7 ‘‘(2) NEW SYSTEMS.—Notwithstanding the re8 quirement of subsection (a)(2) concerning the exist9 ence of a community as a condition of eligibility, a 

10 project for a new collection system to serve a commu11 nity existing on January 1, 2007, shall be eligible for 

12 a grant under this title if the project otherwise meets 

13 the requirements of subsection (a)(2) and meets the re14 quirement of paragraph (3). 

15 ‘‘(3) REQUIREMENT.—A project meets the re16 quirement of this paragraph if the purpose of the 

17 project is to accomplish the objectives, goals, and poli18 cies of this Act by addressing an adverse environ19 mental condition existing on the date of enactment of 

20 this paragraph.’’. 

21 SEC. 1202. TREATMENT WORKS DEFINED. 

22 Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amend23 ed— 

24 (1) by striking ‘‘any works, including site’’; 


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1 (2) by striking ‘‘is used for ultimate’’ and insert2 ing ‘‘will be used for ultimate’’; and 

3 (3) by inserting before the period at the end the 

4 following: ‘‘and acquisition of other lands, and inter5 ests in lands, which are necessary for construction’’. 

6 Subtitle C—State Water Pollution 

7 Control Revolving Funds 

8 SEC. 1301. GENERAL AUTHORITY FOR CAPITALIZATION 

9 GRANTS. 

10 Section 601(a) (33 U.S.C. 1381(a)) is amended by 

11 striking ‘‘for providing assistance’’ and all that follows 

12 through the period at the end and inserting the following: 

13 ‘‘to accomplish the objectives, goals, and policies of this Act 

14 by providing assistance for projects and activities identified 

15 in section 603(c).’’. 

16 SEC. 1302. CAPITALIZATION GRANT AGREEMENTS. 

17 (a) REPORTING INFRASTRUCTURE ASSETS.—Section 

18 602(b)(9) (33 U.S.C. 1382(b)(9)) is amended by striking 

19 ‘‘standards’’ and inserting ‘‘standards, including standards 

20 relating to the reporting of infrastructure assets’’. 

21 (b) ADDITIONAL REQUIREMENTS.—Section 602(b) (33 

22 U.S.C. 1382(b)) is amended— 

23 (1) in paragraph (6)— 

24 (A) by striking ‘‘before fiscal year 1995’’; 


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1 (B) by striking ‘‘funds directly made avail2 able by capitalization grants under this title and 

3 section 205(m) of this Act’’ and inserting ‘‘as4 sistance made available by a State water pollu5 tion control revolving fund as authorized under 

6 this title, or with assistance made available 

7 under section 205(m), or both,’’; and 

8 (C) by striking ‘‘201(b)’’ and all that fol9 lows through ‘‘513’’ and inserting ‘‘211 and 

10 511(c)(1)’’; 

11 (2) by striking ‘‘and’’ at the end of paragraph 

12 (9); 

13 (3) by striking the period at the end of para14 graph (10) and inserting a semicolon; and 

15 (4) by adding at the end the following: 

16 ‘‘(11) the State will establish, maintain, invest, 

17 and credit the fund with repayments, such that the 

18 fund balance will be available in perpetuity for pro19 viding financial assistance in accordance with this 

20 title; 

21 ‘‘(12) any fees charged by the State to recipients 

22 of assistance that are considered program income will 

23 be used for the purpose of financing the cost of ad24 ministering the fund or financing projects or activi25 ties eligible for assistance from the fund; 


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1 ‘‘(13) beginning in fiscal year 2011, the State 

2 will include as a condition of providing assistance to 

3 a municipality or intermunicipal, interstate, or State 

4 agency that the recipient of such assistance certify, in 

5 a manner determined by the Governor of the State, 

6 that the recipient— 

7 ‘‘(A) has studied and evaluated the cost and 

8 effectiveness of the processes, materials, tech9 niques, and technologies for carrying out the pro10 posed project or activity for which assistance is 

11 sought under this title, and has selected, to the 

12 extent practicable, a project or activity that 

13 maximizes the potential for efficient water use, 

14 reuse, and conservation, and energy conserva15 tion, taking into account the cost of constructing 

16 the project or activity, the cost of operating and 

17 maintaining the project or activity over its life, 

18 and the cost of replacing the project or activity; 

19 and 

20 ‘‘(B) has considered, to the maximum extent 

21 practicable and as determined appropriate by 

22 the recipient, the costs and effectiveness of other 

23 design, management, and financing approaches 

24 for carrying out a project or activity for which 

25 assistance is sought under this title, taking into 


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1 account the cost of constructing the project or ac2 tivity, the cost of operating and maintaining the 

3 project or activity over its life, and the cost of 

4 replacing the project or activity; 

5 ‘‘(14) the State will use at least 10 percent of the 

6 amount of each capitalization grant received by the 

7 State under this title after September 30, 2010, to 

8 provide assistance to municipalities of fewer than 

9 10,000 individuals that meet the affordability criteria 

10 established by the State under section 603(i)(2) for 

11 activities included on the State’s priority list estab12 lished under section 603(g), to the extent that there 

13 are sufficient applications for such assistance; 

14 ‘‘(15) a contract to be carried out using funds 

15 directly made available by a capitalization grant 

16 under this title for program management, construc17 tion management, feasibility studies, preliminary en18 gineering, design, engineering, surveying, mapping, 

19 or architectural related services shall be negotiated in 

20 the same manner as a contract for architectural and 

21 engineering services is negotiated under chapter 11 of 

22 title 40, United States Code, or an equivalent State 

23 qualifications-based requirement (as determined by 

24 the Governor of the State); and 


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1 ‘‘(16) the requirements of section 513 will apply 

2 to the construction of treatment works carried out in 

3 whole or in part with assistance made available by 

4 a State water pollution control revolving fund as au5 thorized under this title, or with assistance made 

6 available under section 205(m), or both, in the same 

7 manner as treatment works for which grants are 

8 made under this Act.’’. 

9 SEC. 1303. WATER POLLUTION CONTROL REVOLVING LOAN 

10 FUNDS. 

11 (a) PROJECTS AND ACTIVITIES ELIGIBLE FOR ASSIST12 ANCE.—Section 603(c) (33 U.S.C. 1383(c)) is amended to 

13 read as follows: 

14 ‘‘(c) PROJECTS AND ACTIVITIES ELIGIBLE FOR AS15 SISTANCE.—The amounts of funds available to each State 

16 water pollution control revolving fund shall be used only 

17 for providing financial assistance— 

18 ‘‘(1) to any municipality or intermunicipal, 

19 interstate, or State agency for construction of publicly 

20 owned treatment works; 

21 ‘‘(2) for the implementation of a management 

22 program established under section 319; 

23 ‘‘(3) for development and implementation of a 

24 conservation and management plan under section 

25 320; 


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1 ‘‘(4) for the implementation of lake protection 

2 programs and projects under section 314; 

3 ‘‘(5) for repair or replacement of decentralized 

4 wastewater treatment systems that treat domestic sew5 age; 

6 ‘‘(6) for measures to manage, reduce, treat, or 

7 reuse municipal stormwater, agricultural stormwater, 

8 and return flows from irrigated agriculture; 

9 ‘‘(7) to any municipality or intermunicipal, 

10 interstate, or State agency for measures to reduce the 

11 demand for publicly owned treatment works capacity 

12 through water conservation, efficiency, or reuse; and 

13 ‘‘(8) for the development and implementation of 

14 watershed projects meeting the criteria set forth in 

15 section 122.’’. 

16 (b) EXTENDED REPAYMENT PERIOD.—Section 

17 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended— 

18 (1) in subparagraph (A) by striking ‘‘20 years’’ 

19 and inserting ‘‘the lesser of 30 years or the design life 

20 of the project to be financed with the proceeds of the 

21 loan’’; and 

22 (2) in subparagraph (B) by striking ‘‘not later 

23 than 20 years after project completion’’ and inserting 

24 ‘‘upon the expiration of the term of the loan’’. 


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1 (c) FISCAL SUSTAINABILITY PLAN.—Section 603(d)(1) 

2 (33 U.S.C. 1383(d)(1)) is further amended— 

3 (1) by striking ‘‘and’’ at the end of subpara4 graph (C); 

5 (2) by inserting ‘‘and’’ at the end of subpara6 graph (D); and 

7 (3) by adding at the end the following: 

8 ‘‘(E) for any portion of a treatment works 

9 proposed for repair, replacement, or expansion, 

10 and eligible for assistance under section 

11 603(c)(1), the recipient of a loan will develop 

12 and implement a fiscal sustainability plan that 

13 includes— 

14 ‘‘(i) an inventory of critical assets that 

15 are a part of that portion of the treatment 

16 works; 

17 ‘‘(ii) an evaluation of the condition 

18 and performance of inventoried assets or 

19 asset groupings; and 

20 ‘‘(iii) a plan for maintaining, repair21 ing, and, as necessary, replacing that por22 tion of the treatment works and a plan for 

23 funding such activities;’’. 

24 (d) ADMINISTRATIVE EXPENSES.—Section 603(d)(7) 

25 (33 U.S.C. 1383(d)(7)) is amended by inserting before the 


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1 period at the end the following: ‘‘, $400,000 per year, or 

1 2 ⁄5 percent per year of the current valuation of the fund, 

3 whichever amount is greatest, plus the amount of any fees 

4 collected by the State for such purpose regardless of the 

5 source’’. 

6 (e) TECHNICAL AND PLANNING ASSISTANCE FOR

7 SMALL SYSTEMS.—Section 603(d) (33 U.S.C. 1383(d)) is 

8 amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (6); 

11 (2) by striking the period at the end of para12 graph (7) and inserting a semicolon; and 

13 (3) by adding at the end the following: 

14 ‘‘(8) to provide grants to owners and operators 

15 of treatment works that serve a population of 10,000 

16 or fewer for obtaining technical and planning assist17 ance and assistance in financial management, user 

18 fee analysis, budgeting, capital improvement plan19 ning, facility operation and maintenance, equipment 

20 replacement, repair schedules, and other activities to 

21 improve wastewater treatment plant management 

22 and operations, except that the total amount provided 

23 by the State in grants under this paragraph for a fis24 cal year may not exceed one percent of the total 

25 amount of assistance provided by the State from the 


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1 fund in the preceding fiscal year, or 2 percent of the 

2 total amount received by the State in capitalization 

3 grants under this title in the preceding fiscal year, 

4 whichever amount is greatest; and 

5 ‘‘(9) to provide grants to owners and operators 

6 of treatment works for conducting an assessment of 

7 the energy and water consumption of the treatment 

8 works, and evaluating potential opportunities for en9 ergy and water conservation through facility oper10 ation and maintenance, equipment replacement, and 

11 projects or activities that promote the efficient use of 

12 energy and water by the treatment works, except that 

13 the total amount provided by the State in grants 

14 under this paragraph for a fiscal year may not exceed 

15 one percent of the total amount of assistance provided 

16 by the State from the fund in the preceding fiscal 

17 year, or 2 percent of the total amount received by the 

18 State in capitalization grants under this title in the 

19 preceding fiscal year, whichever amount is greatest.’’. 

20 (f) ADDITIONAL SUBSIDIZATION.—Section 603 (33 

21 U.S.C. 1383) is amended by adding at the end the following: 

22 ‘‘(i) ADDITIONAL SUBSIDIZATION.— 

23 ‘‘(1) IN GENERAL.—In any case in which a 

24 State provides assistance to a municipality or inter25 municipal, interstate, or State agency under subVerDate Nov 24 2008 00:18 Mar 10, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H1262.RH H1262

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1 section (d), the State may provide additional sub2 sidization, including forgiveness of principal and neg3 ative interest loans— 

4 ‘‘(A) to benefit a municipality that— 

5 ‘‘(i) meets the State’s affordability cri6 teria established under paragraph (2); or 

7 ‘‘(ii) does not meet the State’s afford8 ability criteria if the recipient— 

9 ‘‘(I) seeks additional subsidization 

10 to benefit individual ratepayers in the 

11 residential user rate class; 

12 ‘‘(II) demonstrates to the State 

13 that such ratepayers will experience a 

14 significant hardship from the increase 

15 in rates necessary to finance the 

16 project or activity for which assistance 

17 is sought; and 

18 ‘‘(III) ensures, as part of an as19 sistance agreement between the State 

20 and the recipient, that the additional 

21 subsidization provided under this 

22 paragraph is directed through a user 

23 charge rate system (or other appro24 priate method) to such ratepayers; or 


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1 ‘‘(B) to implement a process, material, tech2 nique, or technology to address water-efficiency 

3 goals, address energy-efficiency goals, mitigate 

4 stormwater runoff, or encourage environmentally 

5 sensitive project planning, design, and construc6 tion. 

7 ‘‘(2) AFFORDABILITY CRITERIA.— 

8 ‘‘(A) ESTABLISHMENT.—On or before Sep9 tember 30, 2010, and after providing notice and 

10 an opportunity for public comment, a State shall 

11 establish affordability criteria to assist in identi12 fying municipalities that would experience a sig13 nificant hardship raising the revenue necessary 

14 to finance a project or activity eligible for assist15 ance under section 603(c)(1) if additional sub16 sidization is not provided. Such criteria shall be 

17 based on income data, population trends, and 

18 other data determined relevant by the State. 

19 ‘‘(B) EXISTING CRITERIA.—If a State has 

20 previously established, after providing notice and 

21 an opportunity for public comment, affordability 

22 criteria that meet the requirements of subpara23 graph (A), the State may use the criteria for the 

24 purposes of this subsection. For purposes of this 


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1 Act, any such criteria shall be treated as afford2 ability criteria established under this paragraph. 

3 ‘‘(C) INFORMATION TO ASSIST STATES.— 

4 The Administrator may publish information to 

5 assist States in establishing affordability criteria 

6 under subparagraph (A). 

7 ‘‘(3) PRIORITY.—A State may give priority to a 

8 recipient for a project or activity eligible for funding 

9 under section 603(c)(1) if the recipient meets the 

10 State’s affordability criteria. 

11 ‘‘(4) SET-ASIDE.— 

12 ‘‘(A) IN GENERAL.—In any fiscal year in 

13 which the Administrator has available for obliga14 tion more than $1,000,000,000 for the purposes 

15 of this title, a State shall provide additional sub16 sidization under this subsection in the amount 

17 specified in subparagraph (B) to eligible entities 

18 described in paragraph (1) for projects and ac19 tivities identified in the State’s intended use 

20 plan prepared under section 606(c) to the extent 

21 that there are sufficient applications for such as22 sistance. 

23 ‘‘(B) AMOUNT.—In a fiscal year described 

24 in subparagraph (A), a State shall set aside for 


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1 purposes of subparagraph (A) an amount not 

2 less than 25 percent of the difference between— 

3 ‘‘(i) the total amount that would have 

4 been allotted to the State under section 604 

5 for such fiscal year if the amount available 

6 to the Administrator for obligation under 

7 this title for such fiscal year had been equal 

8 to $1,000,000,000; and 

9 ‘‘(ii) the total amount allotted to the 

10 State under section 604 for such fiscal year. 

11 ‘‘(5) LIMITATION.—The total amount of addi12 tional subsidization provided under this subsection by 

13 a State may not exceed 30 percent of the total amount 

14 of capitalization grants received by the State under 

15 this title in fiscal years beginning after September 30, 

16 2009.’’. 

17 SEC. 1304. ALLOTMENT OF FUNDS. 

18 (a) IN GENERAL.—Section 604(a) (33 U.S.C. 1384(a)) 

19 is amended to read as follows: 

20 ‘‘(a) ALLOTMENTS.— 

21 ‘‘(1) FISCAL YEARS 2010 AND 2011.—Sums appro22 priated to carry out this title for each of fiscal years 

23 2010 and 2011 shall be allotted by the Administrator 

24 in accordance with the formula used to allot sums ap25 propriated to carry out this title for fiscal year 2009. 


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1 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

2 Sums appropriated to carry out this title for fiscal 

3 year 2012 and each fiscal year thereafter shall be al4 lotted by the Administrator as follows: 

5 ‘‘(A) Amounts that do not exceed 

6 $1,350,000,000 shall be allotted in accordance 

7 with the formula described in paragraph (1). 

8 ‘‘(B) Amounts that exceed $1,350,000,000 

9 shall be allotted in accordance with the formula 

10 developed by the Administrator under subsection 

11 (d).’’. 

12 (b) PLANNING ASSISTANCE.—Section 604(b) (33 

13 U.S.C. 1384(b)) is amended by striking ‘‘1 percent’’ and 

14 inserting ‘‘2 percent’’. 

15 (c) FORMULA.—Section 604 (33 U.S.C. 1384) is 

16 amended by adding at the end the following: 

17 ‘‘(d) FORMULA BASED ON WATER QUALITY NEEDS.— 

18 Not later than September 30, 2011, and after providing no19 tice and an opportunity for public comment, the Adminis20 trator shall publish an allotment formula based on water 

21 quality needs in accordance with the most recent survey of 

22 needs developed by the Administrator under section 

23 516(b).’’. 


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1 SEC. 1305. INTENDED USE PLAN. 

2 (a) INTEGRATED PRIORITY LIST.—Section 603(g) (33 

3 U.S.C. 1383(g)) is amended to read as follows: 

4 ‘‘(g) PRIORITY LIST.— 

5 ‘‘(1) IN GENERAL.—For fiscal year 2011 and 

6 each fiscal year thereafter, a State shall establish or 

7 update a list of projects and activities for which as8 sistance is sought from the State’s water pollution 

9 control revolving fund. Such projects and activities 

10 shall be listed in priority order based on the method11 ology established under paragraph (2). The State may 

12 provide financial assistance from the State’s water 

13 pollution control revolving fund only with respect to 

14 a project or activity included on such list. In the case 

15 of projects and activities eligible for assistance under 

16 section 603(c)(2), the State may include a category or 

17 subcategory of nonpoint sources of pollution on such 

18 list in lieu of a specific project or activity. 

19 ‘‘(2) METHODOLOGY.— 

20 ‘‘(A) IN GENERAL.—Not later than 1 year 

21 after the date of enactment of this paragraph, 

22 and after providing notice and opportunity for 

23 public comment, each State (acting through the 

24 State’s water quality management agency and 

25 other appropriate agencies of the State) shall esVerDate Nov 24 2008 00:18 Mar 10, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H1262.RH H1262

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1 tablish a methodology for developing a priority 

2 list under paragraph (1). 

3 ‘‘(B) PRIORITY FOR PROJECTS AND ACTIVI4 TIES THAT ACHIEVE GREATEST WATER QUALITY

5 IMPROVEMENT.—In developing the methodology, 

6 the State shall seek to achieve the greatest degree 

7 of water quality improvement, taking into con8 sideration the requirements of section 602(b)(5) 

9 and section 603(i)(3), whether such water qual10 ity improvements would be realized without as11 sistance under this title, and whether the pro12 posed projects and activities would address water 

13 quality impairments associated with existing 

14 treatment works. 

15 ‘‘(C) CONSIDERATIONS IN SELECTING

16 PROJECTS AND ACTIVITIES.—In determining 

17 which projects and activities will achieve the 

18 greatest degree of water quality improvement, the 

19 State shall consider— 

20 ‘‘(i) information developed by the State 

21 under sections 303(d) and 305(b); 

22 ‘‘(ii) the State’s continuing planning 

23 process developed under section 303(e); 

24 ‘‘(iii) the State’s management program 

25 developed under section 319; and 


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1 ‘‘(iv) conservation and management 

2 plans developed under section 320. 

3 ‘‘(D) NONPOINT SOURCES.—For categories 

4 or subcategories of nonpoint sources of pollution 

5 that a State may include on its priority list 

6 under paragraph (1), the State shall consider the 

7 cumulative water quality improvements associ8 ated with projects or activities in such categories 

9 or subcategories. 

10 ‘‘(E) EXISTING METHODOLOGIES.—If a 

11 State has previously developed, after providing 

12 notice and an opportunity for public comment, 

13 a methodology that meets the requirements of 

14 this paragraph, the State may use the method15 ology for the purposes of this subsection.’’. 

16 (b) INTENDED USE PLAN.—Section 606(c) (33 U.S.C. 

17 1386(c)) is amended— 

18 (1) in the matter preceding paragraph (1) by 

19 striking ‘‘each State shall annually prepare’’ and in20 serting ‘‘each State (acting through the State’s water 

21 quality management agency and other appropriate 

22 agencies of the State) shall annually prepare and 

23 publish’’; 

24 (2) by striking paragraph (1) and inserting the 

25 following: 


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1 ‘‘(1) the State’s priority list developed under sec2 tion 603(g);’’; 

3 (3) in paragraph (4)— 

4 (A) by striking ‘‘and (6)’’ and inserting 

5 ‘‘(6), (15), and (17)’’; and 

6 (B) by striking ‘‘and’’ at the end; 

7 (4) by striking the period at the end of para8 graph (5) and inserting ‘‘; and’’; and 

9 (5) by adding at the end the following: 

10 ‘‘(6) if the State does not fund projects and ac11 tivities in the order of the priority established under 

12 section 603(g), an explanation of why such a change 

13 in order is appropriate.’’. 

14 (c) TRANSITIONAL PROVISION.—Before completion of 

15 a priority list based on a methodology established under 

16 section 603(g) of the Federal Water Pollution Control Act 

17 (as amended by this section), a State shall continue to com18 ply with the requirements of sections 603(g) and 606(c) of 

19 such Act, as in effect on the day before the date of enactment 

20 of this Act. 

21 SEC. 1306. ANNUAL REPORTS. 

22 Section 606(d) (33 U.S.C. 1386(d)) is amended by in23 serting ‘‘the eligible purpose under section 603(c) for which 

24 the assistance is provided,’’ after ‘‘loan amounts,’’. 


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1 SEC. 1307. TECHNICAL ASSISTANCE; REQUIREMENTS FOR 

2 USE OF AMERICAN MATERIALS. 

3 Title VI (33 U.S.C. 1381 et seq.) is amended— 

4 (1) by redesignating section 607 as section 609; 

5 and 

6 (2) by inserting after section 606 the following: 

7 ‘‘SEC. 607. TECHNICAL ASSISTANCE. 

8 ‘‘(a) SIMPLIFIED PROCEDURES.—Not later than 1 

9 year after the date of enactment of this section, the Admin10 istrator shall assist the States in establishing simplified 

11 procedures for treatment works to obtain assistance under 

12 this title. 

13 ‘‘(b) PUBLICATION OF MANUAL.—Not later than 2 

14 years after the date of the enactment of this section, and 

15 after providing notice and opportunity for public comment, 

16 the Administrator shall publish a manual to assist treat17 ment works in obtaining assistance under this title and 

18 publish in the Federal Register notice of the availability 

19 of the manual. 

20 ‘‘(c) COMPLIANCE CRITERIA.—At the request of any 

21 State, the Administrator, after providing notice and an op22 portunity for public comment, shall assist in the develop23 ment of criteria for a State to determine compliance with 

24 the conditions of funding assistance established under sec25 tions 602(b)(13) and 603(d)(1)(E). 


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1 ‘‘SEC. 608. REQUIREMENTS FOR USE OF AMERICAN MATE2 RIALS. 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other provi4 sion of law, none of the funds made available by a State 

5 water pollution control revolving fund as authorized under 

6 this title may be used for the construction of treatment 

7 works unless the steel, iron, and manufactured goods used 

8 in such treatment works are produced in the United States. 

9 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply in 

10 any case in which the Administrator (in consultation with 

11 the Governor of the State) finds that— 

12 ‘‘(1) applying subsection (a) would be incon13 sistent with the public interest; 

14 ‘‘(2) steel, iron, and manufactured goods are not 

15 produced in the United States in sufficient and rea16 sonably available quantities and of a satisfactory 

17 quality; or 

18 ‘‘(3) inclusion of steel, iron, and manufactured 

19 goods produced in the United States will increase the 

20 cost of the overall project by more than 25 percent. 

21 ‘‘(c) PUBLIC NOTIFICATION AND WRITTEN JUSTIFICA22 TION FOR WAIVER.—If the Administrator determines that 

23 it is necessary to waive the application of subsection (a) 

24 based on a finding under subsection (b), the Administrator 

25 shall— 


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1 ‘‘(1) not less than 15 days prior to waiving ap2 plication of subsection (a), provide public notice and 

3 the opportunity to comment on the Administrator’s 

4 intent to issue such waiver; and 

5 ‘‘(2) upon issuing such waiver, publish in the 

6 Federal Register a detailed written justification as to 

7 why the provision is being waived. 

8 ‘‘(d) CONSISTENCY WITH INTERNATIONAL AGREE9 MENTS.—This section shall be applied in a manner con10 sistent with United States obligations under international 

11 agreements.’’. 

12 SEC. 1308. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 609 (as redesignated by section 1307 of this 

14 Act) is amended by striking paragraphs (1) through (5) and 

15 inserting the following: 

16 ‘‘(1) $2,400,000,000 for fiscal year 2010; 

17 ‘‘(2) $2,700,000,000 for fiscal year 2011; 

18 ‘‘(3) $2,800,000,000 for fiscal year 2012; 

19 ‘‘(4) $2,900,000,000 for fiscal year 2013; and 

20 ‘‘(5) $3,000,000,000 for fiscal year 2014.’’. 

21 Subtitle D—General Provisions 

22 SEC. 1401. DEFINITION OF TREATMENT WORKS. 

23 Section 502 (33 U.S.C. 1362) is amended by adding 

24 at the end the following: 


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1 ‘‘(26) TREATMENT WORKS.—The term ‘treatment 

2 works’ has the meaning given that term in section 

3 212.’’. 

4 SEC. 1402. FUNDING FOR INDIAN PROGRAMS. 

5 Section 518(c) (33 U.S.C. 1377) is amended— 

6 (1) by striking ‘‘The Administrator’’ and insert7 ing the following: 

8 ‘‘(1) FISCAL YEARS 1987–2008.—The Adminis9 trator’’; 

10 (2) in paragraph (1) (as so designated)— 

11 (A) by inserting ‘‘and ending before October 

12 1, 2008,’’ after ‘‘1986,’’; and 

13 (B) by striking the second sentence; and 

14 (3) by adding at the end the following: 

15 ‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.—For 

16 fiscal year 2009 and each fiscal year thereafter, the 

17 Administrator shall reserve, before allotments to the 

18 States under section 604(a), not less than 0.5 percent 

19 and not more than 1.5 percent of the funds made 

20 available to carry out title VI. 

21 ‘‘(3) USE OF FUNDS.—Funds reserved under this 

22 subsection shall be available only for grants for 

23 projects and activities eligible for assistance under 

24 section 603(c) to serve— 


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1 ‘‘(A) Indian tribes (as defined in section 

2 518(h)); 

3 ‘‘(B) former Indian reservations in Okla4 homa (as determined by the Secretary of the In5 terior); and 

6 ‘‘(C) Native villages (as defined in section 3 

7 of the Alaska Native Claims Settlement Act (43 

8 U.S.C. 1602)).’’. 

9 Subtitle E—Tonnage Duties 

10 SEC. 1501. TONNAGE DUTIES. 

11 (a) IN GENERAL.—Section 60301 of title 46, United 

12 State Code, is amended by striking subsections (a) and (b) 

13 and inserting the following: 

14 ‘‘(a) LOWER RATE.— 

15 ‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 

16 at the rate described in paragraph (2) at each entry 

17 in a port of the United States of— 

18 ‘‘(A) a vessel entering from a foreign port or 

19 place in North America, Central America, the 

20 West Indies Islands, the Bahama Islands, the 

21 Bermuda Islands, or the coast of South America 

22 bordering the Caribbean Sea; or 

23 ‘‘(B) a vessel returning to the same port or 

24 place in the United States from which it deVerDate Nov 24 2008 00:18 Mar 10, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H1262.RH H1262

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1 parted, and not entering the United States from 

2 another port or place, except— 

3 ‘‘(i) a vessel of the United States; 

4 ‘‘(ii) a recreational vessel (as defined 

5 in section 2101 of this title); or 

6 ‘‘(iii) a barge. 

7 ‘‘(2) RATE.—The rate referred to in paragraph 

8 (1) shall be— 

9 ‘‘(A) 4.5 cents per ton (but not more than 

10 a total of 22.5 cents per ton per year) for fiscal 

11 years 2006 through 2009; 

12 ‘‘(B) 9.0 cents per ton (but not more than 

13 a total of 45 cents per ton per year) for fiscal 

14 years 2010 through 2019; and 

15 ‘‘(C) 2 cents per ton (but not more than a 

16 total of 10 cents per ton per year) for each fiscal 

17 year thereafter. 

18 ‘‘(b) HIGHER RATE.— 

19 ‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 

20 at the rate described in paragraph (2) on a vessel at 

21 each entry in a port of the United States from a for22 eign port or place not named in subsection (a)(1). 

23 ‘‘(2) RATE.—The rate referred to in paragraph 

24 (1) shall be— 


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1 ‘‘(A) 13.5 cents per ton (but not more than 

2 a total of 67.5 cents per ton per year) for fiscal 

3 years 2006 through 2009; 

4 ‘‘(B) 27 cents per ton (but not more than a 

5 total of $1.35 per ton per year) for fiscal years 

6 2010 through 2019, and 

7 ‘‘(C) 6 cents per ton (but not more than a 

8 total of 30 cents per ton per year) for each fiscal 

9 year thereafter.’’. 

10 (b) LIABILITY IN REM.—Chapter 603 of title 46, 

11 United States Code, is amended by adding at the end the 

12 following: 

13 ‘‘§ 60313. Liability in rem for costs 

14 ‘‘A vessel is liable in rem for any amount due under 

15 this chapter for that vessel and may be proceeded against 

16 for that liability in the United States district court for any 

17 district in which the vessel may be found.’’. 

18 (c) CONFORMING AMENDMENTS.—Such title is further 

19 amended— 

20 (1) by striking the heading for subtitle VI and 

21 inserting the following: 

22 ‘‘Subtitle VI—Clearance and 

23 Tonnage Duties’’; 

24 (2) in the heading for chapter 603, by striking 

25 ‘‘TAXES’’ and inserting ‘‘DUTIES’’; 


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1 (3) in the headings of sections in chapter 603, by 

2 striking ‘‘taxes’’ each place it appears and inserting 

3 ‘‘duties’’; 

4 (4) in the heading for subsection (a) of section 

5 60303, by striking ‘‘TAX’’ and inserting ‘‘DUTY’’; 

6 (5) in the text of sections in chapter 603, by 

7 striking ‘‘taxes’’ each place it appears and inserting 

8 ‘‘duties’’; and 

9 (6) in the text of sections in chapter 603, by 

10 striking ‘‘tax’’ each place it appears and inserting 

11 ‘‘duty’’. 

12 (d) CLERICAL AMENDMENTS.—Such title is further 

13 amended— 

14 (1) in the title analysis by striking the item re15 lating to subtitle VI and inserting the following: 

‘‘VI. CLEARANCE AND TONNAGE DUTIES ..............................60101’’; 

16 (2) in the analysis for subtitle VI by striking the 

17 item relating to chapter 603 and inserting the fol18 lowing: 

‘‘603. Tonnage Duties and Light Money ........................................................ 60301’’; 

19 and 

20 (3) in the analysis for chapter 603— 

21 (A) by striking the items relating to sections 

22 60301 and 60302 and inserting the following: 

‘‘60301. Regular tonnage duties. 

‘‘60302. Special tonnage duties.’’; 


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1 (B) by striking the item relating to section 

2 60304 and inserting the following: 

‘‘60304. Presidential suspension of tonnage duties and light money.’’; 

3 and 

4 (C) by adding at the end the following: 

‘‘60313. Liability in rem for costs.’’. 

5 TITLE II—ALTERNATIVE WATER 

6 SOURCE PROJECTS 

7 SEC. 2001. PILOT PROGRAM FOR ALTERNATIVE WATER 

8 SOURCE PROJECTS. 

9 (a) SELECTION OF PROJECTS.—Section 220(d)(2) (33 

10 U.S.C. 1300(d)(2)) is amended by inserting before the pe11 riod at the end the following: ‘‘or whether the project is lo12 cated in an area which is served by a public water system 

13 serving 10,000 individuals or fewer’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 220(j) (33 U.S.C. 1300(j)) is amended by striking 

16 ‘‘$75,000,000 for fiscal years 2002 through 2004’’ and in17 serting ‘‘$50,000,000 for each of fiscal years 2010 through 

18 2014’’. 

19 TITLE III—SEWER OVERFLOW 

20 CONTROL GRANTS 

21 SEC. 3001. SEWER OVERFLOW CONTROL GRANTS. 

22 (a) ADMINISTRATIVE REQUIREMENTS.—Section 221(e) 

23 (33 U.S.C. 1301(e)) is amended to read as follows: 


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1 ‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A project 

2 that receives assistance under this section shall be carried 

3 out subject to the same requirements as a project that re4 ceives assistance from a State water pollution control re5 volving fund under title VI, except to the extent that the 

6 Governor of the State in which the project is located deter7 mines that a requirement of title VI is inconsistent with 

8 the purposes of this section.’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—The first 

10 sentence of section 221(f) (33 U.S.C. 1301(f)) is amended 

11 by striking ‘‘this section $750,000,000’’ and all that follows 

12 through the period at the end and inserting ‘‘this section 

13 $250,000,000 for fiscal year 2010, $300,000,000 for fiscal 

14 year 2011, $350,000,000 for fiscal year 2012, $400,000,000 

15 for fiscal year 2013, and $500,000,000 for fiscal year 

16 2014.’’. 

17 (c) ALLOCATION OF FUNDS.—Section 221(g) of such 

18 Act (33 U.S.C. 1301(g)) is amended to read as follows: 

19 ‘‘(g) ALLOCATION OF FUNDS.— 

20 ‘‘(1) FISCAL YEAR 2010.—Subject to subsection 

21 (h), the Administrator shall use the amounts appro22 priated to carry out this section for fiscal year 2010 

23 for making grants to municipalities and municipal 

24 entities under subsection (a)(2) in accordance with 

25 the criteria set forth in subsection (b). 


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1 ‘‘(2) FISCAL YEAR 2011 AND THEREAFTER.—Sub2 ject to subsection (h), the Administrator shall use the 

3 amounts appropriated to carry out this section for 

4 fiscal year 2011 and each fiscal year thereafter for 

5 making grants to States under subsection (a)(1) in 

6 accordance with a formula to be established by the 

7 Administrator, after providing notice and an oppor8 tunity for public comment, that allocates to each 

9 State a proportional share of such amounts based on 

10 the total needs of the State for municipal combined 

11 sewer overflow controls and sanitary sewer overflow 

12 controls identified in the most recent survey con13 ducted pursuant to section 516.’’. 

14 (d) REPORTS.—The first sentence of section 221(i) (33 

15 U.S.C. 1301(i)) is amended by striking ‘‘2003’’ and insert16 ing ‘‘2012’’. 

17 TITLE IV—MONITORING, RE18 PORTING, AND PUBLIC NOTI19 FICATION OF SEWER OVER20 FLOWS 

21 SEC. 4001. MONITORING, REPORTING, AND PUBLIC NOTIFI22 CATION OF SEWER OVERFLOWS. 

23 Section 402 (33 U.S.C. 1342) is amended by adding 

24 at the end the following: 


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1 ‘‘(s) SEWER OVERFLOW MONITORING, REPORTING, 

2 AND NOTIFICATIONS.— 

3 ‘‘(1) GENERAL REQUIREMENTS.—After the last 

4 day of the 180-day period beginning on the date on 

5 which regulations are issued under paragraph (4), a 

6 permit issued, renewed, or modified under this section 

7 by the Administrator or the State, as the case may 

8 be, for a publicly owned treatment works shall re9 quire, at a minimum, beginning on the date of the 

10 issuance, modification, or renewal, that the owner or 

11 operator of the treatment works— 

12 ‘‘(A) institute and utilize a feasible method13 ology, technology, or management program for 

14 monitoring sewer overflows to alert the owner or 

15 operator to the occurrence of a sewer overflow in 

16 a timely manner; 

17 ‘‘(B) in the case of a sewer overflow that has 

18 the potential to affect human health, notify the 

19 public of the overflow as soon as practicable but 

20 not later than 24 hours after the time the owner 

21 or operator knows of the overflow; 

22 ‘‘(C) in the case of a sewer overflow that 

23 may imminently and substantially endanger 

24 human health, notify public health authorities 

25 and other affected entities, such as public water 


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1 systems, of the overflow immediately after the 

2 owner or operator knows of the overflow; 

3 ‘‘(D) report each sewer overflow on its dis4 charge monitoring report to the Administrator or 

5 the State, as the case may be, by describing— 

6 ‘‘(i) the magnitude, duration, and sus7 pected cause of the overflow; 

8 ‘‘(ii) the steps taken or planned to re9 duce, eliminate, or prevent recurrence of the 

10 overflow; and 

11 ‘‘(iii) the steps taken or planned to 

12 mitigate the impact of the overflow; and 

13 ‘‘(E) annually report to the Administrator 

14 or the State, as the case may be, the total num15 ber of sewer overflows in a calendar year, includ16 ing— 

17 ‘‘(i) the details of how much waste18 water was released per incident; 

19 ‘‘(ii) the duration of each sewer over20 flow; 

21 ‘‘(iii) the location of the overflow and 

22 any potentially affected receiving waters; 

23 ‘‘(iv) the responses taken to clean up 

24 the overflow; and 


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1 ‘‘(v) the actions taken to mitigate im2 pacts and avoid further sewer overflows at 

3 the site. 

4 ‘‘(2) EXCEPTIONS.— 

5 ‘‘(A) NOTIFICATION REQUIREMENTS.—The 

6 notification requirements of paragraphs (1)(B) 

7 and (1)(C) shall not apply to a sewer overflow 

8 that is a wastewater backup into a single-family 

9 residence. 

10 ‘‘(B) REPORTING REQUIREMENTS.—The re11 porting requirements of paragraphs (1)(D) and 

12 (1)(E) shall not apply to a sewer overflow that 

13 is a release of wastewater that occurs in the 

14 course of maintenance of the treatment works, is 

15 managed consistently with the treatment works’ 

16 best management practices, and is intended to 

17 prevent sewer overflows. 

18 ‘‘(3) REPORT TO EPA.—Each State shall provide 

19 to the Administrator annually a summary of sewer 

20 overflows that occurred in the State. 

21 ‘‘(4) RULEMAKING BY EPA.—Not later than one 

22 year after the date of enactment of this subsection, the 

23 Administrator, after providing notice and an oppor24 tunity for public comment, shall issue regulations to 

25 implement this subsection, including regulations to— 


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1 ‘‘(A) establish a set of criteria to guide the 

2 owner or operator of a publicly owned treatment 

3 works in— 

4 ‘‘(i) assessing whether a sewer overflow 

5 has the potential to affect human health or 

6 may imminently and substantially endan7 ger human health; and 

8 ‘‘(ii) developing communication meas9 ures that are sufficient to give notice under 

10 paragraphs (1)(B) and (1)(C); and 

11 ‘‘(B) define the terms ‘feasible’ and ‘timely’ 

12 as such terms apply to paragraph (1)(A), includ13 ing site specific conditions. 

14 ‘‘(5) APPROVAL OF STATE NOTIFICATION PRO15 GRAMS.— 

16 ‘‘(A) REQUESTS FOR APPROVAL.— 

17 ‘‘(i) IN GENERAL.—After the date of 

18 issuance of regulations under paragraph 

19 (4), a State may submit to the Adminis20 trator evidence that the State has in place 

21 a legally enforceable notification program 

22 that is substantially equivalent to or exceeds 

23 the requirements of paragraphs (1)(B) and 

24 (1)(C). 


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1 ‘‘(ii) PROGRAM REVIEW AND AUTHOR2 IZATION.—If the evidence submitted by a 

3 State under clause (i) shows the notification 

4 program of the State to be substantially 

5 equivalent to or exceeds the requirements of 

6 paragraphs (1)(B) and (1)(C), the Adminis7 trator shall authorize the State to carry out 

8 such program instead of the requirements of 

9 paragraphs (1)(B) and (1)(C). 

10 ‘‘(iii) FACTORS FOR DETERMINING

11 SUBSTANTIAL EQUIVALENCY.—In carrying 

12 out a review of a State notification pro13 gram under clause (ii), the Administrator 

14 shall take into account the scope of sewer 

15 overflows for which notification is required, 

16 the length of time during which notification 

17 must be made, the scope of persons who 

18 must be notified of sewer overflows, the 

19 scope of enforcement activities ensuring that 

20 notifications of sewer overflows are made, 

21 and such other factors as the Administrator 

22 considers appropriate. 

23 ‘‘(B) REVIEW PERIOD.—If a State submits 

24 evidence with respect to a notification program 

25 under subparagraph (A)(i) on or before the last 


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1 day of the 30-day period beginning on the date 

2 of issuance of regulations under paragraph (4), 

3 the requirements of paragraphs (1)(B) and 

4 (1)(C) shall not begin to apply to a publicly 

5 owned treatment works located in the State until 

6 the date on which the Administrator completes a 

7 review of the notification program under sub8 paragraph (A)(ii). 

9 ‘‘(C) WITHDRAWAL OF AUTHORIZATION.—If 

10 the Administrator, after conducting a public 

11 hearing, determines that a State is not admin12 istering and enforcing a State notification pro13 gram authorized under subparagraph (A)(ii) in 

14 accordance with the requirements of this para15 graph, the Administrator shall so notify the 

16 State and, if appropriate corrective action is not 

17 taken within a reasonable time, not to exceed 90 

18 days, the Administrator shall withdraw author19 ization of such program and enforce the require20 ments of paragraphs (1)(B) and (1)(C) with re21 spect to the State. 

22 ‘‘(6) SPECIAL RULES CONCERNING APPLICATION

23 OF NOTIFICATION REQUIREMENTS.—After the last day 

24 of the 30-day period beginning on the date of issuance 


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1 of regulations under paragraph (4), the requirements 

2 of paragraphs (1)(B) and (1)(C) shall— 

3 ‘‘(A) apply to the owner or operator of a 

4 publicly owned treatment works and be subject to 

5 enforcement under section 309, and 

6 ‘‘(B) supersede any notification require7 ments contained in a permit issued under this 

8 section for the treatment works to the extent that 

9 the notification requirements are less stringent 

10 than the notification requirements of paragraphs 

11 (1)(B) and (1)(C), 

12 until such date as a permit is issued, renewed, or 

13 modified under this section for the treatment works in 

14 accordance with paragraph (1). 

15 ‘‘(7) DEFINITIONS.—In this subsection, the fol16 lowing definitions apply: 

17 ‘‘(A) SANITARY SEWER OVERFLOW.—The 

18 term ‘sanitary sewer overflow’ means an over19 flow, spill, release, or diversion of wastewater 

20 from a sanitary sewer system. Such term does 

21 not include municipal combined sewer overflows 

22 or other discharges from the combined portion of 

23 a municipal combined storm and sanitary sewer 

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1 function of a building lateral that is privately 

2 owned. Such term includes overflows or releases 

3 of wastewater that reach waters of the United 

4 States, overflows or releases of wastewater in the 

5 United States that do not reach waters of the 

6 United States, and wastewater backups into 

7 buildings that are caused by blockages or flow 

8 conditions in a sanitary sewer other than a 

9 building lateral. 

10 ‘‘(B) SEWER OVERFLOW.—The term ‘sewer 

11 overflow’ means a sanitary sewer overflow or a 

12 municipal combined sewer overflow. 

13 ‘‘(C) SINGLE-FAMILY RESIDENCE.—The 

14 term ‘single-family residence’ means an indi15 vidual dwelling unit, including an apartment, 

16 condominium, house, or dormitory. Such term 

17 does not include the common areas of a multi18 dwelling structure.’’. 

19 TITLE V—GREAT LAKES LEGACY 

20 REAUTHORIZATION 

21 SEC. 5001. REMEDIATION OF SEDIMENT CONTAMINATION 

22 IN AREAS OF CONCERN. 

23 Section 118(c)(12)(H) of the Federal Water Pollution 

24 Control Act (33 U.S.C. 1268(c)(12)(H)) is amended by 

25 striking clause (i) and inserting the following: 


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1 ‘‘(i) IN GENERAL.—In addition to 

2 other amounts authorized under this sec3 tion, there is authorized to be appropriated 

4 to carry out this paragraph— 

5 ‘‘(I) $50,000,000 for each of the 

6 fiscal years 2004 through 2009; and 

7 ‘‘(II) $150,000,000 for each of the 

8 fiscal years 2010 through 2014.’’. 

9 SEC. 5002. PUBLIC INFORMATION PROGRAM. 

10 Section 118(c)(13)(B) (33 U.S.C. 1268(c)(13)(B)) is 

11 amended by striking ‘‘2010’’ and inserting ‘‘2014’’. 

12 SEC. 5003. CONTAMINATED SEDIMENT REMEDIATION AP13 PROACHES, TECHNOLOGIES, AND TECH14 NIQUES. 

15 Section 106(b) of the Great Lakes Legacy Act of 2002 

16 (33 U.S.C. 1271a(b)) is amended by striking paragraph (1) 

17 and inserting the following: 

18 ‘‘(1) IN GENERAL.—In addition to amounts au19 thorized under other laws, there is authorized to be 

20 appropriated to carry out this section— 

21 ‘‘(A) $3,000,000 for each of the fiscal years 

22 2004 through 2009; and 

23 ‘‘(B) $5,000,000 for each of the fiscal years 

24 2010 through 2014.’’. 


smartinez on PROD1PC70 with BILLS

smartinez on PROD1PC70 with BILLS
Union Calendar No. 9 

111TH CONGRESS 

1ST SESSION H. R. 1262 

[Report No. 111–26] 

A BILL 

To amend the Federal Water Pollution Control Act 

poses. tion control revolving funds, and for other purto authorize appropriations for State water polluMARCH 9, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


smartinez on PROD1PC70 with BILLS