By Danielle Shrager, USCM Intern
October 22, 2007

The Transportation and Infrastructure Subcommittee on Water Resources and Environment October 16 held a hearing on H.R. 2452, the Raw Sewage Right to Know Act, cosponsored by Representatives Tim Bishop (NY) and Frank LoBiondo (NJ).

The Raw Sewage Right to Know Act amends the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage. H.R. 2452 states that the owner or operator of a publicly owned treatment works must:

• utilize a methodology, technology, or management program that will alert the owner or operator to the occurrence of a sewer overflow in a timely manner;

• notify the public, public health authorities and other affected entities of a sewer overflow as soon as practicable but not later than 24 hours of the time the owner or operator becomes aware of the overflow in any area where the overflow has the potential to affect human health; and

• must provide to the Administrator or the state within five days of the time the owner or operator becomes aware of the overflow a written report describing the magnitude, duration, and suspected cause of the overflow; the steps taken or planned to reduce, eliminate, and prevent recurrence of the overflow; and the steps taken or planned to mitigate the impact of the overflow.

American Rivers’ Healthy Waters Campaign Director Katherine Baer stated that although some cities and utilities are using notifications, there is no current nationwide policy that requires public notification of sanitary sewer overflows. These overflows are primarily caused by water infiltration of aging infrastructure as well as the inflow of heavy stormwater. This occurrence causes untreated sewage to flow into the nation’s rivers, lakes, and coastal waters and contaminates the waters with pathogens and other pollutants. Since these overflows have negative effects on the environment and public health, the bill calls for measures to increase public safety by a system of notifying the public of these spills and overflows. Baer comments that by implementing a nationwide policy for public notification, H.R. 2452 provides a “common sense” measure towards ensuring public health.

According to University of Georgia Environmental Microbiology Associate Professor Dr. Erin Lipp, public health is at risk when people unknowingly swim in waters containing pathogens, and when the public consumes contaminated drinking water and food. Despite these health hazards, few states require reports of sewage spills. The bill’s supporters claim that this step could prevent water users from these hazards in the first place.

Baer also points out that H.R. 2452 allows each state or community to create and design a program best fitting to its specific population. By allowing proper state or local authority to design a notification system, H.R. 2452 maximizes its effectiveness. Maryland Department of Environment (MDE) Deputy Secretary Robert Summers served as a witness during the hearing and reported positive feedback from implementing a notification system. According to Summers, “MDE and many local officials have found the reporting of sewage spills to the public is critical to the protection of public health and is an invaluable public education tool that has built public support for improvements to the sanitary sewer systems (and the sewer rate increases) that are needed across the state.”

Supporters of this Act hope that secondary effects will cause the public to become more aware and concerned about our aging and faulty infrastructure that requires immediate attention and funding.