IIB 

116TH CONGRESS 

2D SESSION H. R. 4611 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2020 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

To modify permitting requirements with respect to the discharge of any pollutant from the Point Loma Wastewater 

Treatment Plant in certain circumstances, 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, 


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HR 4611 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ocean Pollution Re3 duction Act II’’. 

4 SEC. 2. SAN DIEGO POINT LOMA PERMITTING REQUIRE5 MENTS. 

6 (a) IN GENERAL.—Notwithstanding any provision of 

7 the Federal Water Pollution Control Act (33 U.S.C. 1251 

8 et seq.), the Administrator may issue a permit under sec9 tion 402 of the Federal Water Pollution Control Act (33 

10 U.S.C. 1342) for a discharge from the Point Loma Plant 

11 into marine waters that requires compliance with the re12 quirements described in subsection (b). 

13 (b) CONDITIONS.—A permit issued under this section 

14 shall require— 

15 (1) maintenance of the currently designed deep 

16 ocean outfall from the Point Loma Plant with a dis17 charge depth of not less than 300 feet and distance 

18 from the shore of not less than 4 miles; 

19 (2) as applicable to the term of the permit, dis20 charge of not more than 12,000 metric tons of total 

21 suspended solids per year commencing on the date 

22 of enactment of this section, not more than 11,500 

23 metric tons of total suspended solids per year com24 mencing on December 31, 2025, and not more than 

25 9,942 metric tons of total suspended solids per year 

26 commencing on December 31, 2027; 


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1 (3) discharge of not more than 60 milligrams 

2 per liter of total suspended solids, calculated as a 

3 30-day average; 

4 (4) removal of not less than 80 percent of total 

5 suspended solids on a monthly average and not less 

6 than 58 percent of biochemical oxygen demand on 

7 an annual average, taking into account removal oc8 curring at all treatment processes for wastewater 

9 upstream from and at the Point Loma Plant; 

10 (5) attainment of all other effluent limitations 

11 of secondary treatment as determined by the Admin12 istrator pursuant to section 304(d)(1) of the Federal 

13 Water Pollution Control Act (33 U.S.C. 1314(d)(1)), 

14 other than any requirements otherwise applicable to 

15 the discharge of biochemical oxygen demand and 

16 total suspended solids; 

17 (6) compliance with the requirements applicable 

18 to Federal issuance of a permit under section 402 

19 of the Federal Water Pollution Control Act, includ20 ing State concurrence consistent with section 401 of 

21 the Federal Water Pollution Control Act (33 U.S.C. 

22 1341) and ocean discharge criteria evaluation pursu23 ant to section 403 of the Federal Water Pollution 

24 Control Act (33 U.S.C. 1343); 


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1 (7) implementation of the pretreatment pro2 gram requirements of paragraphs (5) and (6) of sec3 tion 301(h) of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1311(h)) in addition to the require5 ments of section 402(b)(8) of such Act (33 U.S.C. 

6 1342(b)(8)); 

7 (8) that the applicant provide 10 consecutive 

8 years of ocean monitoring data and analysis for the 

9 period immediately preceding the date of each appli10 cation for a permit under this section sufficient to 

11 demonstrate to the satisfaction of the Administrator 

12 that the discharge of pollutants pursuant to a per13 mit issued under this section will meet the require14 ments of section 301(h)(2) of the Federal Water 

15 Pollution Control Act (33 U.S.C. 1311(h)(2)) and 

16 that the applicant has established and will maintain 

17 throughout the permit term an ocean monitoring 

18 program that meets or exceeds the requirements of 

19 section 301(h)(3) of such Act (33 U.S.C. 

20 1311(h)(3)); and 

21 (9) to the extent potable reuse is permitted by 

22 Federal and State regulatory agencies, that the ap23 plicant demonstrate that at least 83,000,000 gallons 

24 per day on an annual average of water suitable for 

25 potable reuse will be produced by December 31, 


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1 2035, taking into account production of water suit2 able for potable reuse occurring at all treatment 

3 processes for wastewater upstream from and at the 

4 Point Loma Plant. 

5 (c) MILESTONES.—The Administrator shall deter6 mine development milestones necessary to ensure compli7 ance with this section and include such milestones as con8 ditions in each permit issued under this section before De9 cember 31, 2035. 

10 (d) SECONDARY TREATMENT.—Nothing in this sec11 tion prevents the applicant from alternatively submitting 

12 an application for the Point Loma Plant that complies 

13 with secondary treatment pursuant to section 

14 301(b)(1)(B) and section 402 of the Federal Water Pollu15 tion Control Act (33 U.S.C. 1311(b)(1)(B); 33 U.S.C. 

16 1342). 

17 (e) DEFINITIONS.—In this section: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Environ20 mental Protection Agency. 

21 (2) BIOCHEMICAL OXYGEN DEMAND.—The 

22 term ‘‘biochemical oxygen demand’’ means biological 

23 oxygen demand, as such term is used in the Federal 

24 Water Pollution Control Act. 


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1 (3) POINT LOMA PLANT.—The term ‘‘Point 

2 Loma Plant’’ means the Point Loma Wastewater 

3 Treatment Plant owned by the City of San Diego on 

4 the date of enactment of this Act. 

5 (4) STATE.—The term ‘‘State’’ means the State 

6 of California. 

Passed the House of Representatives November 17, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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