STOP CSO Act of 2021
Bill: H.R.1844 | Sponsor: Rep. Moulton, Seth (D-MA)
Policy area: Environmental Protection

Summary:
Sewage Treatment Overflow Prevention through Community Sanitation Outreach Act of 2021 or the STOP CSO Act of 2021
This bill revises the National Pollutant Discharge Elimination System permit program to require certain publicly owned water treatment facilities to monitor, report on, and notify the public of sewer overflows.
For example, the facilities must notify the public within a specified number of hours after (1) sewer overflows that have the potential to affect human health, and (2) sewer overflows that may imminently and substantially endanger human health.

To amend the Federal Water Pollution Control Act to ensure that 
publicly owned treatment works monitor for and report sewer overflows, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sewage Treatment Overflow Prevention 
through Community Sanitation Outreach Act of 2021'' or the ``STOP CSO 
Act of 2021''.

SEC. 2. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER 
              OVERFLOWS.

    (a) Sewer Overflow and Stormwater Reuse Municipal Grants.--Section 
221(a) of the Federal Water Pollution Control Act (33 U.S.C. 1301(a)) 
is amended by adding at the end the following:
            ``(3) Use of funds.--A State may use funding provided by a 
        grant under this subsection for monitoring, reporting, and 
        notification required under section 402(t).''.
    (b) National Pollutant Discharge Elimination System.--Section 402 
of the Federal Water Pollution Control Act (33 U.S.C. 1342) is 
amended--
            (1) in subsection (b)(2)(B), by inserting ``this section 
        and'' after ``required in''; and
            (2) by adding at the end the following:
    ``(t) Sewer Overflow Monitoring, Reporting, and Notifications.--
            ``(1) General requirements.--After the last day of the 180-
        day period beginning on the date on which regulations are 
        issued under paragraph (4), a permit issued, renewed, or 
        modified under this section by the Administrator (or a State, 
        in the case of a permit program approved by the Administrator) 
        for a publicly owned treatment works shall require the owner or 
        operator of the treatment works to--
                    ``(A) institute and utilize a feasible methodology, 
                technology, or management program for monitoring sewer 
                overflows to alert the owner or operator to the 
                occurrence of a sewer overflow in a timely manner;
                    ``(B) in the case of a sewer overflow that has the 
                potential to affect human health, notify the public of 
                the overflow as soon as practicable, but in no case 
                more than 4 hours, after the time the owner or operator 
                knows of the overflow;
                    ``(C) in the case of a sewer overflow that may 
                imminently and substantially endanger human health, 
                notify public health authorities and other affected 
                entities, such as public water systems, of the overflow 
                immediately after the owner or operator knows of the 
                overflow; and
                    ``(D) report each sewer overflow to the 
                Administrator (or the State), describing--
                            ``(i) the magnitude, duration, and 
                        suspected cause of the overflow;
                            ``(ii) the steps taken or planned to 
                        reduce, eliminate, or prevent a recurrence of 
                        the overflow; and
                            ``(iii) the steps taken or planned to 
                        mitigate the adverse effects of the overflow.
            ``(2) Exception.--The reporting requirements of paragraph 
        (1)(D) shall not apply to a sewer overflow that is a release of 
        wastewater that occurs in the course of maintenance of a 
        treatment works, is managed consistently with best management 
        practices for treatment works, and is intended to prevent sewer 
        overflows.
            ``(3) Annual report.--In the case of a permit program 
        approved by the Administrator, the State shall submit to the 
        Administrator an annual report describing sewer overflows 
        reported to the State under paragraph (1)(D).
            ``(4) Rulemaking.--Not later than one year after the date 
        of enactment of this subsection, the Administrator shall issue 
        regulations to implement this subsection, including regulations 
        to--
                    ``(A) establish a set of criteria to guide the 
                owner or operator of a publicly owned treatment works 
                in--
                            ``(i) assessing whether a sewer overflow 
                        has the potential to affect human health or may 
                        imminently and substantially endanger human 
                        health; and
                            ``(ii) developing communication measures 
                        that are sufficient to give notice under 
                        paragraphs (1)(B) and (1)(C); and
                    ``(B) define the terms `feasible' and `timely' as 
                such terms apply to paragraph (1)(A), which definitions 
                shall include consideration of site-specific 
                conditions.
            ``(5) Special rules concerning application of notification 
        requirements.--After the last day of the 30-day period 
        beginning on the date on which the Administrator issues 
        regulations under paragraph (4), the requirements of paragraphs 
        (1)(B) and (1)(C) shall apply to the owner or operator of a 
        publicly owned treatment works until such date as a permit is 
        issued, renewed, or modified under this section in accordance 
        with paragraph (1).
            ``(6) Statutory construction.--Nothing in this subsection 
        applies to a wastewater backup that will not result in a 
        discharge into waters of the United States.
            ``(7) Definition of sewer overflow.--In this subsection, 
        the term `sewer overflow' means a sanitary sewer overflow or a 
        municipal combined sewer overflow.''.

SEC. 3. ELIGIBILITY FOR ASSISTANCE.

    Section 603(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1383(c)) is amended--
            (1) in paragraph (11)(B), by striking ``; and'' and 
        inserting a semicolon;
            (2) in paragraph (12)(B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) for the implementation of monitoring for sewer 
        overflows required under section 402(t).''.
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