I 
115TH CONGRESS 
2D SESSION 
H. R. 6967 
To amend the Federal Water Pollution Control Act to prohibit sewage 
dumping into the Great Lakes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2018 
Mr. LIPINSKI 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 pro-
hibit sewage dumping into the Great Lakes, 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 ‘‘Great Lakes Water 
Protection Act’’. 
SEC. 2. RESTRICTION ON WASTEWATER RELEASES INTO 
THE GREAT LAKES SYSTEM. 
(a) IN GENERAL.— 
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(1) RESTRICTION.—Section 402 of the Federal 
Water Pollution Control Act (33 U.S.C. 1342) is 
amended by adding at the end the following: 
‘‘(s) RESTRICTION
ON
WASTEWATER
RELEASES 
INTO THE GREAT LAKES SYSTEM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BYPASS.—The term ‘bypass’ means, 
with respect to a treatment facility that dis-
charges into the Great Lakes System, an inten-
tional diversion of waste streams from any por-
tion of the treatment facility. 
‘‘(B) GREAT
LAKES
SYSTEM.—The term 
‘Great Lakes System’ has the meaning given 
the term in section 118(a)(3). 
‘‘(C) TREATMENT
FACILITY.—The term 
‘treatment facility’ includes all wastewater 
treatment units used by a publicly owned treat-
ment works to meet secondary treatment stand-
ards or higher, as required to attain water qual-
ity standards, under any operating conditions. 
‘‘(D) 
TREATMENT
WORKS.—The 
term 
‘treatment works’ has the meaning given the 
term in section 212. 
‘‘(2) RESTRICTION.—A publicly owned treat-
ment works that discharges into the Great Lakes 
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System is prohibited from performing a bypass un-
less— 
‘‘(A)(i) the bypass is unavoidable to pre-
vent loss of life, personal injury, or severe prop-
erty damage; 
‘‘(ii) there is not a feasible alternative to 
the bypass, such as the use of auxiliary treat-
ment facilities, retention of untreated wastes, or 
maintenance during normal periods of equip-
ment downtime; and 
‘‘(iii) the treatment works provides notice 
of the bypass in accordance with this sub-
section; or 
‘‘(B) the bypass does not cause effluent 
limitations to be exceeded, and the bypass is for 
essential maintenance to ensure efficient oper-
ation of the treatment facility. 
‘‘(3) LIMITATION.—The requirement of para-
graph (2)(A)(ii) is not satisfied if— 
‘‘(A) adequate back-up equipment should 
have been installed in the exercise of reasonable 
engineering judgment to prevent the bypass; 
and 
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‘‘(B) the bypass occurred during normal 
periods of equipment downtime or preventive 
maintenance. 
‘‘(4) NOTICE REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Administrator, in 
collaboration with States having publicly owned 
treatment works subject to paragraph (2), shall 
establish notice requirements, which shall pro-
vide for the method, contents, and public avail-
ability of the notice, for bypasses (other than 
bypasses described in paragraph (2)(B)) and 
combined sewer overflows. 
‘‘(B) INITIAL NOTICE REQUIREMENTS.—In 
carrying out subparagraph (A), the Adminis-
trator, in collaboration with States described in 
such subparagraph, shall require an initial no-
tice— 
‘‘(i) to be made as soon as possible 
after a bypass (other than a bypass de-
scribed in paragraph (2)(B)) or a com-
bined sewer overflow occurs; and 
‘‘(ii) to include, at a minimum— 
‘‘(I) the exact dates and times of 
the bypass or combined sewer over-
flow; 
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‘‘(II) the volume of the bypass or 
combined sewer overflow; and 
‘‘(III) a description of any public 
access areas affected. 
‘‘(C) 
FOLLOW-UP
NOTICE
REQUIRE-
MENTS.—In carrying out subparagraph (A), the 
Administrator, in collaboration with States de-
scribed in such subparagraph, shall— 
‘‘(i) establish follow-up notice require-
ments that provide for a full description 
(including water quality data) of each 
event for which an initial notice was re-
quired, the cause, and plans to prevent re-
occurrence; and 
‘‘(ii) include requirements for making 
publicly available, including on the website 
of the Administrator, a list of each treat-
ment works from which the Administrator 
or the State received a follow-up notice, 
along with the information required under 
clause (i) for each event for which a follow- 
up notice was required. 
‘‘(D) CONSISTENCY.—The Administrator 
shall ensure that notice requirements estab-
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lished under this paragraph are consistent for 
all States described in subparagraph (A). 
‘‘(5) IMPLEMENTATION.—Not later than 2 
years after the date of enactment of this subsection, 
the Administrator shall establish procedures to im-
plement this subsection.’’. 
(2) CONFORMING
AMENDMENT.—Section 425 
of title IV of division G of the Consolidated Appro-
priations Act, 2016 (Public Law 114–113; 129 Stat. 
2580) is repealed. 
(b) GREAT LAKES CLEANUP FUND.— 
(1) ESTABLISHMENT.—Title V of the Federal 
Water Pollution Control Act (33 U.S.C. 1361 et 
seq.) is amended— 
(A) by redesignating section 519 (33 
U.S.C. 1251 note) as section 520; and 
(B) by inserting after section 518 (33 
U.S.C. 1377) the following: 
‘‘SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP 
FUND. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) FUND.—The term ‘Fund’ means the Great 
Lakes Cleanup Fund established by subsection (b). 
‘‘(2) GREAT
LAKES
SYSTEM; GREAT
LAKES 
STATES.—The terms ‘Great Lakes System’ and 
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‘Great Lakes States’ have the meanings given the 
terms in section 118(a)(3). 
‘‘(b) ESTABLISHMENT OF FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘Great Lakes Cleanup Fund’. 
‘‘(c) ADMINISTRATION
OF FUND.—The Adminis-
trator shall administer the Fund. 
‘‘(d) USE OF FUNDS.—The Administrator shall make 
the amounts in the Fund available to the Great Lakes 
States for use in carrying out programs and activities for 
improving wastewater discharges into the Great Lakes 
System, including habitat protection and wetland restora-
tion programs and activities. 
‘‘(e) COST SHARE.—In making amounts from the 
Fund available to Great Lakes States under subsection (d) 
for programs and activities, the Administrator may re-
quire such States to pay up to 50 percent of the costs 
of the programs and activities. 
‘‘(f) PRIORITY.—In selecting programs and activities 
to be funded using amounts made available under this sec-
tion, a Great Lakes State shall give priority consideration 
to programs and activities that reduce or eliminate by-
passes (as defined in section 402(s)(1)) or combined sewer 
overflows. 
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‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is 
authorized 
to 
be 
appropriated 
to 
the 
Fund 
$250,000,000 for each of fiscal years 2020 through 
2024.’’. 
(2) CONFORMING AMENDMENTS TO STATE RE-
VOLVING FUND PROGRAM.—Section 607 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1387) 
is amended— 
(A) by striking ‘‘There is’’ and inserting 
‘‘(a) IN GENERAL.—There is’’; and 
(B) by adding at the end the following: 
‘‘(b) TREATMENT
OF
GREAT
LAKES
CLEANUP 
FUND.—For purposes of this title, amounts made avail-
able from the Great Lakes Cleanup Fund under section 
519 shall be treated as funds authorized to be appro-
priated to carry out this title and as funds made available 
under this title, except that the funds shall be made avail-
able to the Great Lakes States in accordance with section 
519.’’. 
Æ 
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