To amend the Federal Water Pollution Control Act to establish a perchlorate pollution prevention fund and to establish safety standards applicable to owners and operators of perchlorate storage facilities.

April 8, 2003

Mrs. BOXER introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Federal Water Pollution Control Act to establish a perchlorate pollution prevention fund and to establish safety standards applicable to owners and operators of perchlorate storage facilities.

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 `Perchlorate Community Right-to-Know Act of 2003'.

SEC. 2. PERCHLORATE POLLUTION PREVENTION.

The Federal Water Pollution Control Act is amended by inserting after section 406 (33 U.S.C. 1346) the following:

`SEC. 407. PERCHLORATE POLLUTION PREVENTION.

`(a) DEFINITIONS- In this section:

`(1) FUND- The term `Fund' means the Perchlorate Pollution Prevention Fund established by subsection (i)(1).

`(2) PERCHLORATE STORAGE FACILITY-

`(A) IN GENERAL- The term `perchlorate storage facility' means a facility that stores more than 375 pounds of perchlorate over the course of a calendar year.

`(B) EXCLUSION- The term `perchlorate storage facility' does not include a facility that stores perchlorate for a retail or law enforcement purpose.

`(b) DISCHARGE OF PERCHLORATE-

`(1) NOTIFICATION-

`(A) IN GENERAL- Any person that, without regard to intent or negligence, causes or permits to occur a discharge of perchlorate into or on any waters of the United States shall notify the Administrator and the appropriate State water pollution control agency of the discharge as soon as practicable after--

`(i) the person has knowledge of the discharge; and

`(ii) the notification may be provided without substantially impeding cleanup or other emergency measures.

`(B) CONTENTS OF NOTICE- A notice under subparagraph (A) shall include--

`(i) the volume of perchlorate discharged;

`(ii) a description of the extent of the discharge;

`(iii) a copy of each document relating to any monitoring for potential discharges undertaken by the person on or before the date of the discharge; and

`(iv) a description of any actions taken by the person in response to the discharge.

`(C) FAILURE TO PROVIDE NOTICE- For each day for which a person fails to provide the notice required by subparagraph (A), the person shall--

`(i) be guilty of a misdemeanor; and

`(ii) be punished by a fine of not less than $500 nor more than $5,000.

`(2) DISCHARGE UNDER PERMIT- Paragraph (1) applies to a discharge of perchlorate under a permit issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342).

`(3) PENALTIES- A penalty collected under paragraph (1)(B)(ii) shall be deposited in the Fund.

`(c) SUBMISSION OF INFORMATION- Not later than January 1, 2005, each owner or operator of a perchlorate storage facility that has been operated, by that owner or operator or by any other person, at any time after January 1, 1950, shall submit to the Administrator and the appropriate State water pollution control agency a report that includes, for the period beginning on January 1, 1950 (or such later date as the perchlorate storage facility initiated operations), and ending on the date of submission of the report--

`(1) the volume of perchlorate stored during each calendar year at the perchlorate storage facility;

`(2) a description of each method of storage used; and

`(3) a copy of each document relating to any monitoring undertaken for potential discharges from the perchlorate storage facility.

`(d) LIST OF PERCHLORATE STORAGE FACILITIES- Not later than June 1, 2005, and annually thereafter, the Administrator, in consultation with each State water pollution control agency, shall publish in the Federal register a list of perchlorate storage facilities operating in the United States at any time during the period--

`(1) beginning on January 1, 1950; and

`(2) ending on the date of publication of the list.

`(e) LIST OF PERCHLORATE DISCHARGES- Not later than June 1, 2005, the Administrator, in consultation with each State water pollution control agency, shall annually publish in the Federal Register a list of discharges of perchlorate that occurred during the 1-year period preceding the date of publication of the report (including a list of locations at which perchlorate was detected in groundwater within the State during that period).

`(f) PENALTIES-

`(1) IN GENERAL- An owner or operator of a perchlorate storage facility that violates subsection (c) shall be liable for a civil penalty of not less than $500 nor more than $5,000 for each day of violation.

`(2) DETERMINATION OF AMOUNT- In determining the amount of a civil penalty, a court of competent jurisdiction shall consider all relevant circumstances, including--

`(A) the extent of harm or potential harm caused by the violation;

`(B) the nature of the violation;

`(C) the period over which the violation occurred;

`(D) the frequency of any past violations by perchlorate storage facility involved; and

`(E) any action taken to remedy the violation.

`(3) DEPOSIT IN FUND- A penalty collected under paragraph (1) shall be deposited in the Fund.

`(g) REGULATIONS- Not later than June 1, 2005, the Administrator shall promulgate regulations that--

`(1) require each perchlorate storage facility--

`(A) to meet minimum, industry-established training standards; and

`(B) to be operated in a manner consistent with industry-established best management practices; and

`(2) implement an outreach effort to educate owners and operators of perchlorate storage facilities concerning the regulations promulgated under this subsection.

`(h) STATE LOAN PROGRAM-

`(1) IN GENERAL- The Administrator, in coordination with each State water pollution control agency, shall carry out a loan program to assist public water suppliers and owners of private wells in acquiring or providing water that meets applicable Federal and State standards for drinking water to replace water contaminated by perchlorate.

`(2) APPLICATIONS- A public water supplier or owner of a private well that seeks to receive a loan under paragraph (1) shall submit to the Administrator an application that is in such form, and that contains such information, as the Administrator shall require.

`(3) AMOUNT- A loan provided under paragraph (1) shall be for not less than $10,000 and not more than $750,000.

`(4) TERM- The term of a loan provided under paragraph (1) shall be--

`(A) not more than 20 years, if the loan is secured by real property; or

`(B) not more than 10 years, if the loan is not secured by real property.

`(5) INTEREST RATE- The interest rate for a loan shall be equal to the rate of interest applicable at the time of the loan commitment to Federal securities having a term of 10 years.

`(6) USE OF LOAN FUNDS- Funds from a loan provided under paragraph (1) may be used to pay up to 100 percent of costs incurred by the recipient of the loan in acquiring or providing water that meets applicable Federal and State standards for drinking water to replace water contaminated by perchlorate.

`(7) LOAN FEE-

`(A) IN GENERAL- The Administrator may charge a loan fee, not to exceed an amount equal to 2 percent of the amount of the loan, to an applicant for a loan under paragraph (1).

`(B) DEPOSIT IN FUND- The Administrator shall deposit each loan fee collected under subparagraph (A) in the Fund.

`(i) PERCHLORATE POLLUTION PREVENTION FUND-

`(1) ESTABLISHMENT- There is established in the Treasury of the United States a revolving fund, to be known as the `Perchlorate Pollution Prevention Fund', to be used in carrying out this section, consisting of--

`(A) such amounts as are deposited in the Fund under subsections (b)(3), (f)(3), and (h)(7)(B); and

`(B) any interest earned on investment of amounts in the Fund under paragraph (3).

`(2) EXPENDITURES FROM FUND-

`(A) IN GENERAL- Subject to subparagraph (B), upon request by the Administrator, the Secretary of the Treasury shall transfer from the Fund to the Administrator such amounts as the Administrator determines are necessary--

`(i) to carry out this section; and

`(ii) to provide loans under subsection (h).

`(B) ADMINISTRATIVE EXPENSES- An amount not exceeding 5 percent of the amounts in the Fund shall be available in each fiscal year to pay the administrative expenses necessary to carry out this subsection.

`(3) INVESTMENT OF AMOUNTS-

`(A) IN GENERAL- The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.

`(B) ACQUISITION OF OBLIGATIONS- For the purpose of investments under subparagraph (A), obligations may be acquired--

`(i) on original issue at the issue price; or

`(ii) by purchase of outstanding obligations at the market price.

`(C) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.

`(D) CREDITS TO FUND- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

`(4) TRANSFERS OF AMOUNTS-

`(A) IN GENERAL- The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

`(B) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

`(j) REPORTS- Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources and the Committee on Energy and Commerce of the House of Representatives a report that describes progress made in implementing this section.

`(k) NO EFFECT ON STATE LAW- Nothing in this section preempts or otherwise affects any State law (including any State law that contains a requirement that is more stringent than a requirement under this section).'.

END