I 

116TH CONGRESS 

1ST SESSION H. R. 3363 

To amend the Federal Water Pollution Control Act to ensure that publicly 

owned treatment works monitor for and report sewer overflows, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2019 

Mr. MOULTON (for himself and Mrs. TRAHAN) 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 ensure 

that publicly owned treatment works monitor for and 

report sewer overflows, 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 ‘‘Sewage Treatment 

5 Overflow Prevention through Community Sanitation Out6 reach Act of 2019’’ or the ‘‘STOP CSO Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3363 IH

1 SEC. 2. MONITORING, REPORTING, AND PUBLIC NOTIFICA2 TION OF SEWER OVERFLOWS. 

3 (a) SEWER OVERFLOW AND STORMWATER REUSE

4 MUNICIPAL GRANTS.—Section 221(a) of the Federal 

5 Water Pollution Control Act (33 U.S.C. 1301(a)) is 

6 amended by adding at the end the following: 

7 ‘‘(3) USE OF FUNDS.—A State may use fund8 ing provided by a grant under this subsection for 

9 monitoring, reporting, and notification required 

10 under section 402(t).’’. 

11 (b) NATIONAL POLLUTANT DISCHARGE ELIMI12 NATION SYSTEM.—Section 402 of the Federal Water Pol13 lution Control Act (33 U.S.C. 1342) is amended— 

14 (1) in subsection (b)(2)(B), by inserting ‘‘this 

15 section and’’ after ‘‘required in’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(t) SEWER OVERFLOW MONITORING, REPORTING, 

18 AND NOTIFICATIONS.— 

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

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

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

22 permit issued, renewed, or modified under this sec23 tion by the Administrator (or a State, in the case of 

24 a permit program approved by the Administrator) 

25 for a publicly owned treatment works shall require 

26 the owner or operator of the treatment works to— 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 3363 IH

1 ‘‘(A) institute and utilize a feasible meth2 odology, technology, or management program 

3 for monitoring sewer overflows to alert the 

4 owner or operator to the occurrence of a sewer 

5 overflow in a timely manner; 

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

7 has the potential to affect human health, notify 

8 the public of the overflow as soon as prac9 ticable, but in no case more than 4 hours, after 

10 the time the owner or operator knows of the 

11 overflow; 

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

13 may imminently and substantially endanger 

14 human health, notify public health authorities 

15 and other affected entities, such as public water 

16 systems, of the overflow immediately after the 

17 owner or operator knows of the overflow; and 

18 ‘‘(D) report each sewer overflow to the Ad19 ministrator (or the State), describing— 

20 ‘‘(i) the magnitude, duration, and sus21 pected cause of the overflow; 

22 ‘‘(ii) the steps taken or planned to re23 duce, eliminate, or prevent a recurrence of 

24 the overflow; and 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 3363 IH

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

2 mitigate the adverse effects of the over3 flow. 

4 ‘‘(2) EXCEPTION.—The reporting requirements 

5 of paragraph (1)(D) shall not apply to a sewer over6 flow that is a release of wastewater that occurs in 

7 the course of maintenance of a treatment works, is 

8 managed consistently with best management prac9 tices for treatment works, and is intended to prevent 

10 sewer overflows. 

11 ‘‘(3) ANNUAL REPORT.—In the case of a permit 

12 program approved by the Administrator, the State 

13 shall submit to the Administrator an annual report 

14 describing sewer overflows reported to the State 

15 under paragraph (1)(D). 

16 ‘‘(4) RULEMAKING.—Not later than one year 

17 after the date of enactment of this subsection, the 

18 Administrator shall issue regulations to implement 

19 this subsection, including regulations to— 

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

21 owner or operator of a publicly owned treat22 ment works in— 

23 ‘‘(i) assessing whether a sewer over24 flow has the potential to affect human 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 3363 IH

1 health or may imminently and substan2 tially endanger human health; and 

3 ‘‘(ii) developing communication meas4 ures that are sufficient to give notice 

5 under paragraphs (1)(B) and (1)(C); and 

6 ‘‘(B) define the terms ‘feasible’ and ‘time7 ly’ as such terms apply to paragraph (1)(A), 

8 which definitions shall include consideration of 

9 site-specific conditions. 

10 ‘‘(5) SPECIAL RULES CONCERNING APPLICA11 TION OF NOTIFICATION REQUIREMENTS.—After the 

12 last day of the 30-day period beginning on the date 

13 on which the Administrator issues regulations under 

14 paragraph (4), the requirements of paragraphs 

15 (1)(B) and (1)(C) shall apply to the owner or oper16 ator of a publicly owned treatment works until such 

17 date as a permit is issued, renewed, or modified 

18 under this section in accordance with paragraph (1). 

19 ‘‘(6) STATUTORY CONSTRUCTION.—Nothing in 

20 this subsection applies to a wastewater backup that 

21 will not result in a discharge into waters of the 

22 United States. 

23 ‘‘(7) DEFINITION OF SEWER OVERFLOW.—In 

24 this subsection, the term ‘sewer overflow’ means a 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 3363 IH

1 sanitary sewer overflow or a municipal combined 

2 sewer overflow.’’. 

3 SEC. 3. ELIGIBILITY FOR ASSISTANCE. 

4 Section 603(c) of the Federal Water Pollution Con5 trol Act (33 U.S.C. 1383(c)) is amended— 

6 (1) in paragraph (11)(B), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (2) in paragraph (12)(B), by striking the period 

9 and inserting ‘‘; and’’; and 

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

11 ‘‘(13) for the implementation of monitoring for 

12 sewer overflows required under section 402(t).’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS