II 115th CONGRESS 2d Session S. 3630 IN THE SENATE OF THE UNITED STATES November 15, 2018 Ms. Duckworth (for herself and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to prohibit sewage dumping into the Great Lakes, and for other purposes.

1. Short title This Act may be cited as the Great Lakes Water Protection Act . 2. Restriction on wastewater releases into the Great Lakes System (a) In general (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 discharges into the Great Lakes System, an intentional diversion of waste streams from any portion 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 treatment works to meet secondary treatment standards or higher, as required to attain water quality 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 treatment works that discharges into the Great Lakes System is prohibited from performing a bypass unless— (A) (i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and (iii) the treatment works provides notice of the bypass in accordance with paragraph (4); or (B) the bypass— (i) does not cause effluent limitations to be exceeded; and (ii) is for essential maintenance to ensure efficient operation of the treatment facility. (3) Limitation The requirement of paragraph (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 (A) In general The Administrator shall work with States having publicly owned treatment works subject to paragraph (2) to create immediate notice requirements in the event of a bypass or a combined sewer overflow that provide for the method, contents, and requirements for public availability of the notice. (B) Minimum initial notice requirements At a minimum, the contents of the immediate notice under subparagraph (A) shall include— (i) the exact dates and times of the bypass or combined sewer overflow; (ii) the volume of the bypass or combined sewer overflow; and (iii) a description of any public access areas impacted. (C) Additional requirements The Administrator and States described in subparagraph (A) shall— (i) ensure that the minimum requirements under subparagraph (B) are consistent for all those States; (ii) establish follow-up notice requirements that provide a full description of each event (including water quality data), the cause, and plans to prevent reoccurrence; and (iii) establish requirements for making publicly available, including on the website of the Administrator, a list of each treatment works from which the Administrator or the State received a follow-up notice, along with the information required under clause (ii) for each event that required a follow-up notice. (5) Implementation Not later than 2 years after the date of enactment of this subsection, the Administrator shall establish procedures to implement this subsection. . (2) Conforming amendment Section 425 of division G of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 33 U.S.C. 1268 note) 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: 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 States; Great Lakes System The terms Great Lakes States and Great Lakes System have the meanings given the terms in section 118(a)(3). (b) Establishment of fund There is established in the Treasury of the United States a trust fund to be known as the Great Lakes Cleanup Fund . (c) Administration of fund The Administrator 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 restoration 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 require those 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 section, a Great Lakes State shall give priority consideration to programs and activities that reduce or eliminate bypasses (as defined in section 402(s)(1)) or combined sewer overflows. (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 revolving fund program Section 607 of the Federal Water Pollution Control Act ( 33 U.S.C. 1387 ) is amended— (A) in the matter preceding paragraph (1), 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 available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that the funds shall be made available to the Great Lakes States in accordance with section 519. .