I
105TH CONGRESS
2D SESSION
H. R. 4242
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
JULY 16, 1998
Mr. BARCIA (for himself, Mr. NEY, Mr. FRANK of Massachusetts, Mr. SCOTT,
Mr. CHRISTENSEN, Mr. BALDACCI, and Mr. ALLEN) introduced the fol-
lowing 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Combined Sewer Over-
flow Control and Partnership Act of 1998’’.
SEC. 2. COMBINED SEWER OVERFLOWS.
Section 402 of the Federal Water Pollution Control
Act (33 U.S.C. 1342) is amended by adding at the end
the following:
‘‘(q) COMBINED SEWER OVERFLOWS.—
‘‘(1) REQUIREMENT
FOR
PERMITS, ORDERS,
AND
DECREES.—Each permit, order, or decree
issued pursuant to this Act for a discharge from a
combined storm and sanitary sewer shall conform to
the Combined Sewer Overflow Control Policy signed
by the Administrator on April 11, 1994.
‘‘(2) TERM OF PERMIT, ORDER, OR DECREE.—
‘‘(A) AUTHORITY
TO
ISSUE.—Notwith-
standing any schedule for compliance author-
ized by section 301(b), or any permit limitation
authorized by subsection (b)(1)(B) of this sec-
tion, the Administrator or the State (in the case
of a State with a program approved under sub-
section (b)) may issue or execute a permit,
order, or decree consistent with this section for
a discharge from a combined storm and sani-
tary sewer.
‘‘(B) SCHEDULE FOR COMPLIANCE.—
‘‘(i) IN GENERAL.—A permit, order,
or decree issued pursuant to subparagraph
(A) shall include a schedule for compliance,
within a period of not to exceed 15 years,
with a long-term control plan under the
Control Policy referred to in paragraph
(1).
‘‘(ii) 
EXCEPTION.—Notwithstanding
clause (i), a compliance schedule of longer
than 15 years may be granted if the owner
or operator demonstrates to the satisfac-
tion of the Administrator or the State, as
appropriate, reasonable further progress
towards compliance with a long-term plan
under the Control Policy and if the Admin-
istrator or the State, as appropriate, deter-
mines—
‘‘(I) that compliance within 15
years is not within the economic capa-
bility of the owner or operator; or
‘‘(II) that a longer period is oth-
erwise appropriate.
‘‘(3) SAVINGS CLAUSE.—Any administrative or
judicial decree or order issued before the date of en-
actment of this subsection establishing any deadline,
schedule, or timetable for the construction of treat-
ment works for control of any discharge from a mu-
nicipal combined sewer system may, at the request
of the municipal owner or operator, be modified to
extend any such deadline, schedule, or timetable to
conform with the requirements of paragraph (2).
‘‘(4) WATER QUALITY STANDARDS-DESIGNATED
USE REVIEW.—No permit, order, or decree issued
pursuant to this Act shall require compliance with
water quality based requirements contained in a
long-term control plan under the Control Policy re-
ferred to in paragraph (1) unless the Administrator
or the State, as appropriate, has completed the
water quality standards-designated use review proc-
ess called for in the Control Policy, including the
adoption of any refinements needed to reflect the
site-specific wet weather impacts of combined sewer
overflows and to ensure that the long-term control
plan provides for cost-effective compliance with
water quality standards. Consideration shall be given
to conducting these reviews on a watershed basis
where appropriate. Nothing in this subsection may
be construed to affect either the authority to con-
duct or scheduling of water quality standard reviews
required under section 303(c).
‘‘(5) GRANTS.—
‘‘(A) IN
GENERAL.—The Administrator
may make grants to any municipality or munic-
ipal entity for planning, design, and construc-
tion of facilities to intercept, transport, control,
or treat combined storm and sanitary sewer
flows.
‘‘(B) 
FEDERAL
SHARE.—The 
Federal
share of the cost of activities carried out using
amounts from a grant made under subpara-
graph (A) shall be at least 55 percent of the
cost. The non-Federal share of the cost may in-
clude, in any amount, public and private funds
and in-kind services.
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this paragraph $500,000,000 for
fiscal year 1999, $750,000,000 for fiscal year
2000, and $1,000,000,000 for fiscal year 2001.
Such sums shall remain available until ex-
pended.
‘‘(D) REPORTS.—On or before January 1,
2001, and once every 2 years thereafter, the
Administrator shall transmit to Congress a re-
port containing recommended funding levels for
the 2 fiscal years following the date of the re-
port for activities relating to combined storm