article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Water Protection Act''. SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES. Section 402 of the Federal Water Pollution Control Act (22 U.S.C. 1342) is amended by adding at the end the following: ``(r) Prohibition on Sewage Dumping Into the Great Lakes.-- ``(1) In general.--A publicly owned treatment works is prohibited from intentionally diverting waste streams to bypass any portion of a treatment facility at the treatment works if the diversion results in a discharge into the Great Lakes 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 the requirements of this subsection; or ``(B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. ``(2) Limitation.--The requirement of paragraph (1)(A)(ii) is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass and the bypass occurred during normal periods of equipment downtime or preventive maintenance. ``(3) Notice requirements.--A publicly owned treatment works shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section)-- ``(A) prior notice of an anticipated bypass; and ``(B) notice of an unanticipated bypass within 24 hours following the time the treatment works first becomes aware of the bypass. ``(4) Follow-up notice requirements.--In the case of an unanticipated bypass for which a publicly owned treatment works provides notice under paragraph (3)(B), the treatment works shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section), not later than 5 days following the date on which the treatment works first becomes aware of the bypass, a follow-up notice containing a description of-- ``(A) the cause of the bypass; ``(B) the reason for the bypass ``(C) the period of bypass, including the exact dates and times; ``(D) if the bypass has not been corrected, the anticipated time the bypass is expected to continue; ``(E) the volume of the discharge resulting from the bypass; ``(F) any public access areas that may be impacted by the bypass; and ``(G) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. ``(5) Public availability of notices.--A publicly owned treatment works providing a notice under this subsection, and the Administrator (or the State in the case of a State that has a permit program approved under this section) receiving such a notice, shall each post all such notices provided or received in a searchable database accessible on the Internet. ``(6) 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. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Bypass.--The term `bypass' means an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge into the Great Lakes. ``(B) Great lakes.--The term `Great Lakes' has the meaning given such term by 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 that term in section 212. ``(8) Implementation.--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. ``(9) Maximum civil penalty.--Notwithstanding any provision of section 309, the maximum civil penalty which shall be assessed for a violation of this subsection, or any permit limitation or condition implementing this subsection, shall be $100,000 per day for each day the violation occurs. ``(10) Effective date.-- ``(A) In general.--Except as provided by subparagraph (B), the requirements of this subsection shall become effective beginning January 1, 2026. ``(B) Notice requirements.--The requirements of paragraphs (3), (4), and (5) shall become effective one year after the date of enactment of this subsection.''. SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. (a) In General.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended by redesignating section 519 as section 520 and inserting after section 518 the following: ``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. ``(a) Creation of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Great Lakes Cleanup Fund' (in this section referred to as the `Fund'). ``(b) Transfers to Fund.--Effective January 1, 2026, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(r). ``(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 programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration. The Administrator shall allocate such amounts among the Great Lakes States based on the proportional amount attributable to each Great Lakes State for penalties collected for violations of section 402(r). ``(e) 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 address violations of section 402(r) resulting in the collection of penalties. ``(f) Definitions.--In this section, the terms `Great Lakes' and `Great Lakes States' have the meanings given such terms in section 118(a)(3).''. (b) Conforming Amendment to State Revolving Fund Program.--Section 607 of such Act (33 U.S.C. 1387) is amended-- (1) by inserting ``(a) In General.--'' before ``There is''; and (2) 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 such funds shall be made available to the Great Lakes States as provided in section 519.''.
summary: Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility if the diversion results in a discharge into the Great Lakes unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (2) there is no feasible alternative; and (3) the treatment works provides notice; or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires: (1) such notice to be provided to the Administrator of the Environmental Protection Agency (EPA) (or to a state with an approved permit program) prior to an anticipated bypass or within 24 hours of becoming aware of an unanticipated bypass; and (2) follow-up notice regarding the cause and duration of, volume of discharge resulting from, and public access areas affected by an unanticipated bypass. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act. Provides a maximum civil penalty for violations. Establishes the Great Lakes Cleanup Fund from which amounts shall be provided for improving wastewater discharges.