H.R. 4611 Text - Reported in House - 116th Congress (2019-2020)

SEC. 2. San Diego Point Loma permitting requirements.

(a) In general.—Notwithstanding any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456), the Administrator, in coordination with the State, may issue to the City a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) for a discharge from the Point Loma Plant into marine waters, which, in lieu of the requirements of subsections (b)(1)(B) and (j)(5) of section 301 the Federal Water Pollution Control Act (33 U.S.C. 1311) otherwise applicable to the discharge of biochemical oxygen demand and total suspended solids, requires compliance with the requirements described in subsection (b).

(b) Conditions.—A permit issued under this section shall require—

(1) maintenance of the currently designed deep ocean outfall from the Point Loma Plant with a discharge depth of not less than 300 feet and distance from the shore of not less than 4 miles;

(2) as applicable to the term of the permit, discharge of not more than 12,000 metric tons of total suspended solids per year commencing on the date of enactment of this section, not more than 11,500 metric tons of total suspended solids per year commencing on December 31, 2025, and not more than 9,942 metric tons of total suspended solids per year commencing on December 31, 2027;

(3) discharge of not more than 60 milligrams per liter of total suspended solids, calculated as a 30-day average;

(4) removal of not less than 80 percent of total suspended solids on a monthly average and not less than 58 percent of biochemical oxygen demand on an annual average, taking into account removal occurring at all treatment processes at related facilities for wastewater upstream from and at the Point Loma Plant;

(5) attainment of all other effluent limitations of secondary treatment as determined by the Administrator pursuant to section 304(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314(d)(1)), other than with respect to concentration limits for biochemical oxygen demand and total suspended solids;

(6) compliance with the requirements applicable to Federal issuance of a permit under section 402 of the Federal Water Pollution Control Act, including State approval consistent with section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) and ocean discharge criteria evaluation pursuant to section 403 of the Federal Water Pollution Control Act (33 U.S.C. 1343);

(7) implementation of the pretreatment program requirements of paragraphs (5) and (6) of section 301(h) of the Federal Water Pollution Control Act (33 U.S.C. 1311(h)) in addition to the requirements of section 402(b)(8) of such Act (33 U.S.C. 1342(b)(8));

(8) that the City provide 10 consecutive years of ocean monitoring data and analysis for the period immediately preceding the date of each application for a permit under this section sufficient to demonstrate to the satisfaction of the Administrator that the discharge of pollutants pursuant to a permit issued under this section will meet the requirements of section 301(h)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1311(h)(2)) and that the applicant has established and will maintain throughout the permit term an ocean monitoring program that meets or exceeds the requirements of section 301(h)(3) of such Act (33 U.S.C. 1311(h)(3)); and

(9) to the extent potable reuse is permitted by Federal and State regulatory agencies, that the City demonstrate that at least 83,000,000 gallons per day on an annual average of water suitable for potable reuse will be produced by December 31, 2035, taking into account production of water suitable for potable reuse occurring at all treatment processes at related facilities for wastewater upstream from and at the Point Loma Plant.

(c) Milestones.—The Administrator, in coordination with the State, shall determine development milestones necessary to ensure compliance with this section and include such milestones as conditions in each permit issued under this section before December 31, 2035.

(d) Secondary treatment.—Nothing in this section prevents the City from alternatively submitting an application for the Point Loma Plant that complies with secondary treatment pursuant to section 301(b)(1)(B) and section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1311(b)(1)(B); 33 U.S.C. 1342).

(e) Definitions.—In this section:

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) BIOCHEMICAL OXYGEN DEMAND.—The term “biochemical oxygen demand” means biological oxygen demand, as such term is used in the Federal Water Pollution Control Act.

(3) CITY.—The term “City” means the City of San Diego, California.

(4) POINT LOMA PLANT.—The term “Point Loma Plant” means the Point Loma Wastewater Treatment Plant owned by the City.

(5) STATE.—The term “State” means the State of California.