[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1252 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1252

To amend the Federal Water Pollution Control Act to improve stormwater 
                  management, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 1995

 Mrs. Lincoln introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to improve stormwater 
                  management, and for other purposes.

    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 ``Stormwater Management Improvement 
Act of 1995''.

SEC. 2. STORMWATER MANAGEMENT.

    Section 402(p) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(p)) is amended to read as follows:
    ``(p) Municipal and Industrial Stormwater Discharges.--
            ``(1) In general.--The requirements of paragraph (4) for 
        applications and the issuance of permits shall apply to the 
        following stormwater discharges:
                    ``(A) A discharge with respect to which a permit 
                has been issued under this section before February 4, 
                1987.
                    ``(B) A discharge associated with industrial or 
                commercial activity.
                    ``(C) A discharge from a municipal storm sewer 
                system serving a population of 250,000 individuals or 
                more.
                    ``(D) A discharge from a municipal storm sewer 
                system serving a population of 100,000 individuals or 
                more but fewer than 250,000 individuals.
                    ``(E) A discharge from a municipal storm sewer 
                system serving a population of 50,000 individuals or 
                more but fewer than 100,000 individuals that is located 
                in an urbanized area (as designated by the Bureau of 
                the Census) in which a stormwater discharge covered by 
                a permit issued under subparagraph (C) or (D) is also 
                located.
                    ``(F) A discharge for which the Administrator or 
                the State, as the case may be, determines that the 
                stormwater discharge contributes to a violation of a 
                water quality standard or is a significant contributor 
                of pollutants to waters of the United States.
            ``(2) Other municipal stormwater discharges.--
                    ``(A) Moratorium on permitting for remaining 
                urbanized areas.--
                            ``(i) Municipal stormwater systems.--Except 
                        as provided in clauses (iii) and (iv), prior to 
                        October 1, 2001, neither the Administrator nor 
                        the State (in the case of a permit program 
                        approved under subsection (b)) shall require a 
                        permit under this section for discharges 
                        composed entirely of stormwater from municipal 
                        storm sewer systems serving a population of 
                        50,000 individuals or more but fewer than 
                        100,000 individuals that is located in an 
                        urbanized area (as designated by the Bureau of 
                        the Census) other than discharges described in 
                        paragraph (1)(E).
                            ``(ii) Advance notice of proposed 
                        rulemaking.--Not later than 2 years after the 
                        date of enactment of this subparagraph, the 
                        Administrator shall publish an advance notice 
                        of proposed rulemaking that summarizes 
                        available information on municipal storm sewer 
                        systems covered by clause (i) and outlines the 
                        options being considered for regulations under 
                        clause (iii).
                            ``(iii) Regulations.--The Administrator may 
                        issue regulations specifying permit application 
                        requirements for permits for the discharges 
                        covered by clause (i) prior to October 1, 1998, 
                        based on a determination by the Administrator 
                        that the discharges would be appropriately 
                        regulated by a permit issued pursuant to this 
                        subsection. If the Administrator issues the 
                        regulations, permits shall be issued or denied 
                        for the discharges not later than 7 years after 
                        the date of enactment of this clause.
                            ``(iv) Failure to issue regulations.--
                        Notwithstanding clause (i), if the 
                        Administrator fails to issue the regulations 
                        described in clause (iii) prior to October 1, 
                        1998, the discharges covered by clause (i) 
                        shall be subject to the requirements of section 
                        301 and this section as of October 1, 1998.
                    ``(B) Exemption from permit requirements for 
                nonurbanized areas.--Notwithstanding section 301 or any 
                other provision of this section, a source of discharges 
                composed entirely of stormwater from municipal storm 
                sewer systems, other than the discharges described in 
                paragraph (1) or subparagraph (A), is not required to 
                obtain a permit for the discharges under this Act.
                    ``(C) Clarification.--Nothing in this subsection 
                shall be interpreted, construed, or applied to modify 
                the requirements of this Act (including other 
                provisions of this section) otherwise applicable to 
                discharges of stormwater combined with domestic or 
                industrial wastewater.
            ``(3) Permit requirements.--
                    ``(A) Industrial and commercial discharges.--
                Permits for discharges associated with industrial and 
                commercial activity shall meet all applicable 
                provisions of this section and section 301.
                    ``(B) Municipal discharge.--Permits for discharges 
                from municipal storm sewers--
                            ``(i) may be issued on a system- or 
                        jurisdiction-wide basis;
                            ``(ii) shall include a requirement to 
                        effectively prohibit non-stormwater discharges 
                        into the storm sewers;
                            ``(iii) shall require controls to reduce 
                        the discharge of pollutants to the maximum 
                        extent practicable, including management 
                        practices, control techniques and system, 
                        design and engineering methods, and such other 
                        provisions as the Administrator or the State 
                        determines appropriate for the control of such 
                        pollutants; and
                            ``(iv) shall include monitoring and 
                        reporting requirements that, at minimum, 
                        provide for--
                                    ``(I) representative monitoring for 
                                the quality of receiving waters; and
                                    ``(II) reporting for the 
                                implementation of management measures.
                    ``(C) Maximum extent practicable.--
                            ``(i) Maximum extent practicable defined.--
                        As used in subparagraph (B)(iii) (and with 
                        respect to permits issued after the date that 
                        is 2 years after the date of enactment of this 
                        subparagraph), the term `maximum extent 
                        practicable' means applying management 
                        measures, as defined in section 6217(g)(5) of 
                        the Coastal Zone Act Reauthorization Amendments 
                        of 1990 (16 U.S.C. 1455b(g)(5)), for municipal 
                        stormwater discharges that, in the judgment of 
                        the Administrator (or a State authorized to 
                        issue a permit under this section), will attain 
                        and maintain water quality standards.
                            ``(ii) Guidance.--Not later than 2 years 
                        after the date of enactment of this 
                        subparagraph, the Administrator, after 
                        consultation with persons with expertise in the 
                        management of stormwater (including officials 
                        of local governments and representatives of 
                        public interest groups), shall--
                                    ``(I) establish requirements for 
                                specific management measures for 
                                municipal stormwater discharges based 
                                on the guidance issued under section 
                                6217 of the Coastal Zone Act 
                                Reauthorization Amendments of 1990 (16 
                                U.S.C. 1445b) to define `maximum extent 
                                practicable' for the purposes of this 
                                section; and
                                    ``(II) if practicable, include in 
                                the requirements minimum and objective 
                                performance standards for each of the 
                                management measures.
                    ``(D) Numeric effluent limitations.--
                Notwithstanding section 301 and this section, during 
                the 10-year period beginning on the date of enactment 
                of this subparagraph, a permit issued pursuant to this 
                subsection for discharges from municipal storm sewers 
                composed entirely of stormwater shall not require 
                compliance with numeric effluent limitations and water 
                quality standards shall not be applied or enforced as 
effluent limitations.
                    ``(E) Municipally owned and commercial 
                discharges.--The Administrator (or a State with a 
                program approved under subsection (b)) may issue a 
                consolidated permit for discharges from a storm sewer 
                system owned by a municipality and the stormwater 
                discharges from industrial or commercial sources owned 
                by the same municipality.
            ``(4) Permit application requirements.--
                    ``(A) Industrial and large municipal discharges.--
                Not later than 2 years after February 4, 1987, the 
                Administrator shall establish regulations setting forth 
                the permit application requirements for stormwater 
                discharges described in paragraphs (1)(B) and (1)(C). 
                Applications for permits for such discharges shall be 
                filed no later than 3 years after February 4, 1987. Not 
                later than 4 years after February 4, 1987, the 
                Administrator or the State, as the case may be, shall 
                issue or deny each such permit. Any such permit shall 
                provide for compliance as expeditiously as practicable, 
                but in no event later than 3 years after the date of 
                issuance of such permit.
                    ``(B) Other municipal discharges.--
                            ``(i) In general.--Not later than 4 years 
                        after February 4, 1987, the Administrator shall 
                        establish regulations setting forth the permit 
                        application requirements for stormwater 
                        discharges described in paragraph (1)(D). 
                        Applications for permits for such discharges 
                        shall be filed no later than 5 years after 
                        February 4, 1987. Not later than 6 years after 
                        February 4, 1987, the Administrator or the 
                        State, as the case may be, shall issue or deny 
                        each such permit. Any such permit shall provide 
                        for compliance as expeditiously as practicable, 
                        but in no event later than 3 years after the 
                        date of issuance of such permit.
                            ``(ii) Deadline for submission of 
                        application.--Applications for permits for 
                        discharges from municipal storm systems that 
                        were not required to apply for a permit before 
                        the date of enactment of this clause because 
                        the systems are combined storm and sanitary 
                        systems shall be filed not later than 4 years 
                        after the date of enactment of this clause.
                            ``(iii) Effective date.--The requirement 
                        for a permit under section 301 and this section 
                        shall apply to discharges from municipal storm 
                        sewer systems described in paragraph (1)(E) 
                        beginning on the date of the expiration of a 
                        permit for a discharge described in 
                        subparagraph (C) or (D) of paragraph (1) that 
                        is located in the same urbanized area and that 
                        occurs after the date that is 3 years after the 
                        date of enactment of this clause.
                    ``(C) Commercial and light industrial discharges.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Administrator shall, after 
                        notice and opportunity for public comment, 
                        establish permit application and other 
                        requirements for stormwater discharges from 
                        commercial and light industrial sources and 
                        ensure that permits under this section for all 
                        sources are issued as expeditiously as 
                        practicable, but no later than 8 years after 
                        the date of enactment of this subparagraph.
                            ``(ii) Exceptions.--This subparagraph shall 
                        not apply to discharges from sources that--
                                    ``(I) were required to submit 
                                applications for a permit by the rule 
                                published by the Administrator at 55 
                                Fed. Reg. 47990 (November 16, 1990);
                                    ``(II) are in a source or a class 
                                for which an exemption to the permit 
                                requirements of this section and 
                                section 301 is granted before the date 
                                that is 8 years after the date of 
                                enactment of this subparagraph, 
                                pursuant to paragraph (5); or
                                    ``(III) are owned or operated by a 
                                municipality and are subject to a 
                                consolidated permit as authorized by 
                                paragraph (3)(E).
                    ``(D) Regulations.--The Administrator shall publish 
                a notice of proposed rulemaking for the requirements 
                described in subparagraph (C) not later than 4 years 
                after the date of enactment of this subparagraph and 
                shall issue final regulations relating to the 
                requirements not later than 6 years after the date of 
                enactment of this subparagraph.
            ``(5) Commercial and light industrial discharges.--
                    ``(A) In general.--The Administrator may exempt a 
                class or category of commercial and light industrial 
                discharges composed entirely of stormwater (other than 
                discharges subject to permit application requirements 
                published at 55 Fed. Reg. 47990 (November 16, 1990)) 
                from the requirement to obtain a permit pursuant to 
                section 301 and this section if the Administrator 
                determines based on available information that, 
                considering controls and management measures installed 
                at sources in the class or category, stormwater 
                discharges from sources in the class or category have 
                minimal effect on water or sediment quality.
                    ``(B) Regulations.--
                            ``(i) In general.--The Administrator shall 
                        issue regulations for classes or categories of 
                        discharges exempt under subparagraph (A).
                            ``(ii) Contents.--Such regulations shall, 
                        at a minimum, establish priorities, establish 
                        requirements for State stormwater management 
                        programs, and establish expeditious deadlines 
                        for compliance with the requirements 
                        established by the regulations. The regulations 
                        may include performance standards, guidelines, 
                        guidance, and management practices and 
                        treatment requirements, as appropriate. The 
                        Administrator may, in making a determination 
                        under subparagraph (A), take into account 
                        controls and management measures established 
                        pursuant to this subparagraph.
                            ``(iii) References.--For purposes of 
                        sections 309 and 505, any reference to a permit 
                        issued under section 402 shall be interpreted 
                        to include a requirement imposed by a 
                        regulation issued pursuant to this 
                        subparagraph.
            ``(6) Discharges from small industrial or commercial 
        businesses.--
                    ``(A) In general.--Except as provided by 
                subparagraph (B), a stormwater discharge from a small 
                industrial or commercial business shall not be subject 
                to the permitting requirements of section 301 or this 
                section.
                    ``(B) Exception.--The Administrator or a State (in 
                the case of a permit program approved under subsection 
                (b)) may require a permit under section 301 and this 
                section for a stormwater discharge described in 
                subparagraph (A) in any case in which the Administrator 
                or the State, as appropriate, determines that the 
                discharge contributes to a violation of a water quality 
                standard or is a significant contributor of pollutants 
                to waters of the United States.
                    ``(C) Small industrial or commercial business 
                defined.--For the purposes of this paragraph, the term 
                `small industrial or commercial business' means an 
                industrial or commercial business that employees no 
                more than 25 individuals and is a small business 
                concern as defined under section 3(a) of the Small 
                Business Act (15 U.S.C. 632(a)).
            ``(7) Stormwater research.--
                    ``(A) In general.--To determine the most cost-
                effective and technologically feasible means of 
                improving the quality of the waters of the Nation, the 
                Administrator shall establish an initiative through 
                which the Administrator shall fund State and local 
                demonstration programs and research to test innovative 
                approaches to address the impacts of hydrologic and 
                hydraulic changes, source controls, and water quality 
                management practices and controls for runoff from 
                municipal storm sewers. Persons conducting 
                demonstration programs and research funded under the 
                initiative shall also take into account the physical 
                nature of episodic stormwater flows, the varying 
                pollutants in stormwater, the actual risk the flows 
                pose to the designated beneficial uses, and the ability 
                of natural ecosystems to accept temporary stormwater 
                events.
                    ``(B) Award of funds.--The Administrator shall 
                award the demonstration and research program funds 
                taking into account regional and population variations.
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph a total of $100,000,000 for fiscal years 1995 
                through 2004. Such sums shall remain available until 
                expended.
            ``(8) Additional monitoring support.--Municipalities 
        subject to permits issued under this subsection shall be 
        eligible for grants under section 319(h) to train and 
        facilitate training of citizens in citizen watershed monitoring 
        activities to support municipal stormwater management 
        programs.''.
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HR 1252 IH----2