IB 

Union Calendar No. 474 

116TH CONGRESS 

2D SESSION H. R. 4611 

[Report No. 116–576, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 4, 2019 

Mr. PETERS introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

NOVEMBER 16, 2020 

Additional sponsors: Mr. HUNTER, Mrs. DAVIS of California, Mr. VARGAS, 

and Mr. LEVIN of California 

NOVEMBER 16, 2020 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

NOVEMBER 16, 2020 

Committee on Natural Resources discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on October 4, 2019] 


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•HR 4611 RH

A BILL 

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. 


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•HR 4611 RH

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 ‘‘Ocean Pollution Reduc5 tion Act II’’. 

6 SEC. 2. SAN DIEGO POINT LOMA PERMITTING REQUIRE7 MENTS. 

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

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

10 et seq.) and section 307 of the Coastal Zone Management 

11 Act of 1972 (16 U.S.C. 1456), the Administrator, in coordi12 nation with the State, may issue to the City a permit under 

13 section 402 of the Federal Water Pollution Control Act (33 

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

15 into marine waters, which, in lieu of the requirements of 

16 subsections (b)(1)(B) and (j)(5) of section 301 the Federal 

17 Water Pollution Control Act (33 U.S.C. 1311) otherwise ap18 plicable to the discharge of biochemical oxygen demand and 

19 total suspended solids, requires compliance with the require20 ments described in subsection (b). 

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

22 shall require— 

23 (1) maintenance of the currently designed deep 

24 ocean outfall from the Point Loma Plant with a disVerDate Sep 11 2014 01:13 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H4611.RH H4611

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•HR 4611 RH

1 charge depth of not less than 300 feet and distance 

2 from the shore of not less than 4 miles; 

3 (2) as applicable to the term of the permit, dis4 charge of not more than 12,000 metric tons of total 

5 suspended solids per year commencing on the date of 

6 enactment of this section, not more than 11,500 met7 ric tons of total suspended solids per year com8 mencing on December 31, 2025, and not more than 

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

10 commencing on December 31, 2027; 

11 (3) discharge of not more than 60 milligrams per 

12 liter of total suspended solids, calculated as a 30-day 

13 average; 

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

15 suspended solids on a monthly average and not less 

16 than 58 percent of biochemical oxygen demand on an 

17 annual average, taking into account removal occur18 ring at all treatment processes at related facilities for 

19 wastewater upstream from and at the Point Loma 

20 Plant; 

21 (5) attainment of all other effluent limitations of 

22 secondary treatment as determined by the Adminis23 trator pursuant to section 304(d)(1) of the Federal 

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

25 other than with respect to concentration limits for 


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•HR 4611 RH

1 biochemical oxygen demand and total suspended sol2 ids; 

3 (6) compliance with the requirements applicable 

4 to Federal issuance of a permit under section 402 of 

5 the Federal Water Pollution Control Act, including 

6 State approval consistent with section 401 of the Fed7 eral Water Pollution Control Act (33 U.S.C. 1341) 

8 and ocean discharge criteria evaluation pursuant to 

9 section 403 of the Federal Water Pollution Control 

10 Act (33 U.S.C. 1343); 

11 (7) implementation of the pretreatment program 

12 requirements of paragraphs (5) and (6) of section 

13 301(h) of the Federal Water Pollution Control Act (33 

14 U.S.C. 1311(h)) in addition to the requirements of 

15 section 402(b)(8) of such Act (33 U.S.C. 1342(b)(8)); 

16 (8) that the City provide 10 consecutive years of 

17 ocean monitoring data and analysis for the period 

18 immediately preceding the date of each application 

19 for a permit under this section sufficient to dem20 onstrate to the satisfaction of the Administrator that 

21 the discharge of pollutants pursuant to a permit 

22 issued under this section will meet the requirements 

23 of section 301(h)(2) of the Federal Water Pollution 

24 Control Act (33 U.S.C. 1311(h)(2)) and that the ap25 plicant has established and will maintain throughout 


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•HR 4611 RH

1 the permit term an ocean monitoring program that 

2 meets or exceeds the requirements of section 301(h)(3) 

3 of such Act (33 U.S.C. 1311(h)(3)); and 

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

5 Federal and State regulatory agencies, that the City 

6 demonstrate that at least 83,000,000 gallons per day 

7 on an annual average of water suitable for potable 

8 reuse will be produced by December 31, 2035, taking 

9 into account production of water suitable for potable 

10 reuse occurring at all treatment processes at related 

11 facilities for wastewater upstream from and at the 

12 Point Loma Plant. 

13 (c) MILESTONES.—The Administrator, in coordina14 tion with the State, shall determine development milestones 

15 necessary to ensure compliance with this section and in16 clude such milestones as conditions in each permit issued 

17 under this section before December 31, 2035. 

18 (d) SECONDARY TREATMENT.—Nothing in this section 

19 prevents the City from alternatively submitting an applica20 tion for the Point Loma Plant that complies with secondary 

21 treatment pursuant to section 301(b)(1)(B) and section 402 

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

23 1311(b)(1)(B); 33 U.S.C. 1342). 

24 (e) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) BIOCHEMICAL OXYGEN DEMAND.—The term 

5 ‘‘biochemical oxygen demand’’ means biological oxy6 gen demand, as such term is used in the Federal 

7 Water Pollution Control Act. 

8 (3) CITY.—The term ‘‘City’’ means the City of 

9 San Diego, California. 

10 (4) POINT LOMA PLANT.—The term ‘‘Point Loma 

11 Plant’’ means the Point Loma Wastewater Treatment 

12 Plant owned by the City. 

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

14 of California. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 474 

116TH CONGRESS 

2D SESSION H. R. 4611 

[Report No. 116–576, Part I] 

A BILL 

To modify permitting requirements with respect to 

circumstances, and for other purposes. Loma Wastewater Treatment Plant in certain the discharge of any pollutant from the Point 

NOVEMBER 16, 2020 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

NOVEMBER 16, 2020 

Committee on Natural Resources discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


pamtmann on DSKBC07HB2PROD with BILLS