SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE 
GREAT LAKES. 
(a) IN GENERAL.—Section 402 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342) is amended by 
adding at the end the following: 
‘‘(s) PROHIBITION ON SEWAGE DUMPING INTO THE 
GREAT LAKES.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BYPASS.—The term ‘bypass’ means 
an intentional diversion of waste streams to by-
pass any portion of a treatment facility that re-
sults in a discharge into the Great Lakes. 
‘‘(B) DISCHARGE.— 
‘‘(i) IN
GENERAL.—The term ‘dis-
charge’ means a direct or indirect dis-
charge of untreated sewage or partially 
treated sewage from a treatment works 
into the Great Lakes or a tributary of the 
Great Lakes. 
‘‘(ii) INCLUSIONS.—The term ‘dis-
charge’ includes a bypass and a combined 
sewer overflow. 
‘‘(C) GREAT
LAKES.—The term ‘Great 
Lakes’ has the meaning given the term in sec-
tion 118(a)(3). 
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‘‘(D) PARTIALLY TREATED SEWAGE.—The 
term ‘partially treated sewage’ means any sew-
age, sewage and storm water, or sewage and 
wastewater, from domestic or industrial sources 
that— 
‘‘(i) is not treated to national sec-
ondary treatment standards for waste-
water; or 
‘‘(ii) is treated to a level less than the 
level required by the applicable national 
pollutant discharge elimination system per-
mit. 
‘‘(E) 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. 
‘‘(F) 
TREATMENT
WORKS.—The 
term 
‘treatment works’ has the meaning given the 
term in section 212. 
‘‘(2) PROHIBITION.—A publicly owned treat-
ment works is prohibited from performing a bypass 
unless— 
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‘‘(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 
‘‘(B) the bypass occurred during normal 
periods of equipment downtime or preventive 
maintenance. 
‘‘(4) IMMEDIATE NOTICE REQUIREMENTS.— 
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‘‘(A) IN
GENERAL.—The Administrator 
shall work with States having publicly owned 
treatment works subject to the requirements of 
this subsection to create immediate notice re-
quirements in the event of discharge that pro-
vide for the method, contents, and requirements 
for public availability of the notice. 
‘‘(B) MINIMUM REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—At a minimum, 
the contents of the notice shall include— 
‘‘(I) the exact dates and times of 
the discharge; 
‘‘(II) the volume of the discharge; 
and 
‘‘(III) a description of any public 
access areas impacted. 
‘‘(ii) 
CONSISTENCY.—Minimum 
re-
quirements shall be consistent for all 
States. 
‘‘(C) ADDITIONAL
REQUIREMENTS.—The 
Administrator and States described in subpara-
graph (A) shall include— 
‘‘(i) follow-up notice requirements 
that provide a more full description of each 
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event, the cause, and plans to prevent reoc-
currence; and 
‘‘(ii) annual publication requirements 
that list each treatment works from which 
the Administrator or the State receive a 
follow-up notice. 
‘‘(D) TIMING.—The notice and publication 
requirements described in this paragraph shall 
be implemented not later than 2 years after the 
date of enactment of this subsection. 
‘‘(5) SEWAGE BLENDING.—Bypasses prohibited 
by this section include bypasses resulting in dis-
charges from a publicly owned treatment works that 
consist of effluent routed around treatment units 
and thereafter blended together with effluent from 
treatment units prior to discharge. 
‘‘(6) IMPLEMENTATION.—As soon as prac-
ticable, the Administrator shall establish procedures 
to ensure that permits issued under this section (or 
under a State permit program approved under this 
section) to a publicly owned treatment works include 
requirements to implement this subsection. 
‘‘(7) INCREASE
IN
MAXIMUM
CIVIL
PENALTY 
FOR
VIOLATIONS
OCCURRING
AFTER
JANUARY
1, 
2035.—Notwithstanding section 309, in the case of a 
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violation of this subsection occurring on or after 
January 1, 2035, or any violation of a permit limita-
tion or condition implementing this subsection occur-
ring after that date, the maximum civil penalty that 
shall be assessed for the violation shall be $100,000 
per day for each day the violation occurs. 
‘‘(8) APPLICABILITY.—This subsection shall 
apply to a bypass occurring after the last day of the 
1-year period beginning on the date of enactment of 
this subsection.’’. 
(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; GREAT LAKES STATES.— 
The terms ‘Great Lakes’ and ‘Great Lakes States’ 
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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’ (referred 
to in this section as the ‘Fund’). 
‘‘(c) TRANSFERS TO FUND.—Effective January 1, 
2035, there are authorized to be appropriated to the Fund 
amounts equivalent to the penalties collected for violations 
of section 402(s). 
‘‘(d) ADMINISTRATION
OF FUND.—The Adminis-
trator shall administer the Fund. 
‘‘(e) USE OF FUNDS.—The Administrator shall— 
‘‘(1) 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, including habitat 
protection and wetland restoration; and 
‘‘(2) allocate those amounts among the Great 
Lakes States based on the proportion that— 
‘‘(A) the amount attributable to a Great 
Lakes State for penalties collected for violations 
of section 402(s); bears to 
‘‘(B) the total amount of those penalties 
attributable to all Great Lakes States. 
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‘‘(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 address violations of sec-
tion 402(s) resulting in the collection of penalties.’’. 
(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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