PROHIBITION OF SEWAGE DUMPING INTO THE GREAT LAKES SEC. 428 of the Senate’s proposed Fiscal Year (FY) 2016 Interior, Environment and Related Agencies Appropriations Bill (a) 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 LAKES.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) BYPASS.—The term ‘bypass’ an intentional diversion of waste streams to by pass any portion of a treatment facility which results in a discharge into the Great Lakes. ‘‘(B) DISCHARGE.— ‘‘(i) IN GENERAL.—The term ‘discharge’ means a direct or indirect discharge 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 ‘discharge’ includes a bypass and a combined sewer overflow. ‘‘(C) LAKES.—The term ‘Great Lakes’ has the meaning given the term in section 118(a)(3). ‘‘(D) PARTIALLY TREATED SEWAGE.—The term ‘partially treated sewage’ any sewage, sewage and storm water, or sewage and wastewater, from domestic or industrial sources that— ‘‘(i) is not treated to national secondary 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 permit. ‘‘(E) TREATMENT FACILITY.—The term ‘treatment facility’ includes all wastewater treatment units used by a publicly owned treatment
discharge that provide 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 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 requirements shall be consistent for all States. ‘‘(C) ADDITIONAL REQUIREMENTS.—The Administrator and States described in subparagraph (A) shall include— ‘‘(i) follow-up notice requirements that provide a more full description of each event, the cause, and plans to prevent reoccurrence; 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 discharges 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 practicable, 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 violation of this subsection occurring on or after January 1, 2035, or any violation of a permit limitation or condition implementing this subsection occurring 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) LAKES CLEANUP FUND.— (1) 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’ 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’ (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 Administrator 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