Jellyfish aren't the reason U.S. beaches are being closed — it's sewage, and legislation in the Senate and House seeks to ensure that people know when sewage is in their water.

The Raw Sewage Overflow Right-to-Know Act (H.R. 2452), introduced by Reps. Tim Bishop (D-NY) and Frank LoBiondo (R-NJ) on May 23, requires sewage treatment facilities to notify the public, public health officials and any other downstream "affected entities" when there is a sewage overflow within 24 hours of the incident. A Senate companion bill (S. 2080) was introduced by Sen. Frank Lautenberg (D-NJ) on Sept. 20.

The long-standing but little-known problem of sewage spillage in waterways is a major cause of illnesses stemming from waterborne contaminants. American Rivers, a national advocacy organization, estimates that over 850 billion gallons of raw sewage are released every year. Rainstorms easily overwhelm sewage systems, and broken or clogged pipes contribute to the 23,000-75,000 raw sewage overflows every year. Federal clean water funding has plummeted under the Bush administration, and the already strained sewage systems further deteriorate every year. EPA estimates between 1.8 million and 3.5 million people become sick due to recreational contact with sewage-contaminated water. With no national requirement for public notification, the majority of states do not have regulations or policies in place, and most Americans have no idea when it is not safe to be in the water.

The Sewage Overflow Right-to-Know Act requires that the public be afforded the same notifications that state environmental agencies already receive and increases current reporting requirements. Applicable to publicly owned water treatment plants, the act requires:

• Facilities to institute a program to monitor overflows constituting a potential human health hazard and alert facility managers in a timely manner
• Notification of overflow within 24 hours to the public, public health officials and other affected entities
• A report (oral or electronic) to state officials within 24 hours
• A written report to state officials within five days (previously required) of steps taken or planned to reduce the impact and prevent future occurrences and explaining the cause of the overflow with the new specific requirements of duration and volume
• A monthly report of all sewage overflows, (previously required), including a new provision of overflows that do not reach U.S. waters
• Annual summary report to the U.S. Environmental Protection Agency of overflows not reaching U.S. waters

The bill, a positive step toward increasing public awareness of toxins in the environment, is missing one important element according to public access advocates — easy access to the detailed reports submitted to government officials. Public access to the Toxics Release Inventory database has been a crucial element to the success of pollution prevention efforts around the country. Without an extensive public database for sewage overflows, the collected information could go nowhere and get used by no one. OMB Watch supports the clarification that all reported information will be compiled into a database that is publicly accessible and usable.

A hearing for H.R. 2452 is scheduled for Oct. 5.