[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5558 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5558

   To amend the Federal Water Pollution Control Act to provide more 
    effective permitting and enforcement mechanisms for stormwater 
     discharges associated with residential construction activity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2006

Mr. Duncan (for himself, Mr. Young of Alaska, Mr. Mica, Mr. Baker, Mr. 
 DeFazio, Mr. Gary G. Miller of California, Ms. Berkley, Mr. Shuster, 
Mr. Boozman, Mr. Westmoreland, Mr. Boustany, Mr. Peterson of Minnesota, 
Mr. Akin, Mr. Davis of Tennessee, Mr. Scott of Georgia, Mr. Neugebauer, 
Mrs. Blackburn, Ms. Harris, and Mr. Sessions) 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 provide more 
    effective permitting and enforcement mechanisms for stormwater 
     discharges associated with residential construction activity.

    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 Enforcement and 
Permitting Act of 2006''.

SEC. 2. GREATER SPECIFICITY IN INFORMATION REQUESTS AND OPPORTUNITY FOR 
              CORRECTIVE ACTION.

    (a) Inspections, Monitoring, and Entry.--Section 308(a)(A)(v) of 
the Federal Water Pollution Act (33 U.S.C. 1318(a)(A)(v)) is amended--
            (1) by striking ``other information as he'' and inserting 
        ``other information pertaining to such point source as the 
        Administrator''; and
            (2) by striking ``reasonably require'' and inserting 
        ``reasonably request within 90 days of the date of the request 
        or such shorter time period as the Administrator determines is 
        necessary to address an imminent and substantial endangerment 
        to public health or welfare or the environment''.
    (b) Corrective Action for Residential Construction Sites.--Section 
309 of such Act (33 U.S.C. 1319) is amended by adding at the end the 
following:
    ``(h) Corrective Action for Residential Construction Sites.--
            ``(1) In general.--In the course of an inspection of a site 
        at which a residential construction activity is being or will 
        be carried out or based on information obtained under section 
        308(a) relating to such a site, if the Administrator or the 
        authorized representative of the Administrator discovers a 
        violation of a permit condition relating to such site that has 
        not resulted in a discharge of stormwater and provides written 
        notice of such violation to the operator of such site, the 
        Administrator or such representative shall provide the operator 
        a reasonable opportunity to correct the identified violation 
        before initiation of an enforcement action.
            ``(2) Subsequent violation.--If the Administrator or the 
        authorized representative of the Administrator subsequently 
        inspects or requests information regarding a residential 
        construction site for which an opportunity for corrective 
        action was provided under paragraph (1) and discovers a 
        violation of the same permit condition that was corrected under 
        paragraph (1) or for which such opportunity to correct was 
        provided, the operator of such site shall not be provided a 
        further opportunity to correct under this subsection before 
        initiation of an enforcement action.
            ``(3) Limitation on authority of administrator.--The 
        Administrator shall not exercise any authority under this 
        section (other than under this subsection) during the period 
        that the operator of a residential construction site is 
        provided an opportunity to correct a violation of a permit 
        condition that has not resulted in the discharge of 
        stormwater.''.
    (c) Limitation on Actions During Opportunity to Correct.--Section 
309(g)(6)(A) of such Act (33 U.S.C. 1319(g)(6)(A)) is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by inserting ``or'' after the comma at the end of 
        clause (iii); and
            (3) by inserting after clause (iii) the following:
                            ``(iv) for which the Administrator or the 
                        authorized representative of the Administrator 
                        has provided the operator of a residential 
                        construction site an opportunity to correct 
                        under subsection (h),''.

SEC. 3. PAPERWORK LIMITATIONS FOR RESIDENTIAL CONSTRUCTION SITES.

    Section 402(l) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(l)) is amended by adding at the end the following:
            ``(3) Stormwater runoff from residential construction 
        sites.--
                    ``(A) In general.--The Administrator shall not 
                require a permit, nor shall the Administrator directly 
                or indirectly require any State to require a permit, 
                under this section for stormwater runoff from any site 
                at which a residential construction activity is being 
                or will be carried out if--
                            ``(i) such runoff enters a municipal 
                        separate storm sewer system that is covered by 
                        a permit to which subsection (p) applies and 
                        the operator of such site is in compliance with 
                        requirements imposed by the permittee for such 
                        system to control stormwater runoff; or
                            ``(ii) such site, during the period of the 
                        residential construction activity, has minimal 
                        potential for soil erosion caused by rainfall 
                        or overland flow due to soil type, geology, 
                        amount and force of precipitation, and other 
                        conditions.
                    ``(B) Minimal potential for soil erosion defined.--
                For purposes of this paragraph, a residential 
                construction site has minimal potential for soil 
                erosion if the erosivity factor for the site during the 
                period of the residential construction activity is less 
                than 5 as calculated based on the latest version of the 
                revised universal soil loss equation developed by the 
                Department of Agriculture, unless the Administrator 
                determines, after notice and an opportunity for public 
                comment, that some other technical standard is more 
                appropriate to measure the erosivity value of 
                residential construction sites and adopts, by 
                regulation, such standard for purposes of this 
                paragraph.''.

SEC. 4. FEDERAL ENFORCEMENT.

    Section 402(p) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(p)) is amended by adding at the end the following:
            ``(7) Federal enforcement of state permits authorizing 
        stormwater discharges from residential construction activity.--
                    ``(A) In general.--Notwithstanding subsection (i), 
                the Administrator shall not exercise authority under 
                section 309 with respect to a permit, issued by a State 
                under a program approved under subsection (b) and 
                authorizing a stormwater discharge from a site at which 
                a residential construction activity is being or will be 
                carried out, unless one of the following conditions 
                applies:
                            ``(i) The Administrator determines that 
                        such a discharge has flowed or will flow across 
                        a State line or onto a Federal facility or 
                        Indian tribal lands.
                            ``(ii) Such permit was issued under a State 
                        program that the Administrator has suspended or 
                        withdrawn under subsection (c).
                            ``(iii) After taking into consideration all 
                        of the terms, conditions, and requirements of 
                        such permit, the Administrator determines 
                        that--
                                    ``(I) a stormwater discharge from 
                                such site results in imminent and 
                                substantial endangerment to public 
                                health or welfare or the environment; 
                                and
                                    ``(II) additional actions are 
                                likely to be necessary to remove such 
                                endangerment.
                    ``(B) Limitation on transfers to states.--If the 
                Administrator receives or is awarded a fine or penalty 
                for violation of a permit issued under this section by 
                a State for a site on which a residential construction 
                activity is being or will be carried out through an 
                action brought under section 309 based on any of the 
                conditions set forth in clauses (i), (ii), and (iii) of 
                subparagraph (A), the Administrator may not transfer, 
                disburse, allocate, or otherwise pay all or any part of 
                such fine or penalty to the State that issued the 
                permit.''.

SEC. 5. NOTIFICATION TO POINT SOURCE OPERATORS AT RESIDENTIAL 
              CONSTRUCTION SITES.

    Section 402(p) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(p)) is further amended by adding at the end the following:
            ``(8) Notification of permit requirements for stormwater 
        discharges from residential construction sites.--
                    ``(A) Stormwater informational pamphlet program.--
                Not later than 180 days after the date of enactment of 
                this paragraph, the Administrator shall establish, by 
                regulation, a program that will provide for 
                development, and distribution to operators of 
                residential construction sites, of an informational 
                pamphlet.
                    ``(B) Pamphlet contents.--Under the program, 
                operators of residential construction sites shall 
                receive an informational pamphlet explaining, at a 
                minimum, permitting requirements under this section for 
                stormwater discharges from a site at which a 
                residential construction activity is being or will be 
                carried out (including the permitting requirements of 
                subsections (a) and (b) and this subsection and any 
                applicable regulations issued to carry out this 
                section) and fines and penalties that may arise from 
                violations of such requirements. The pamphlet shall 
                also include contact information for appropriate 
                permitting authorities.
                    ``(C) Deadline for pamphlet development.--Under the 
                program--
                            ``(i) the pamphlet or pamphlets shall be 
                        developed for distribution not later than 180 
                        days after the date of the issuance of the 
                        regulation establishing the program;
                            ``(ii) operators of residential 
                        construction sites shall be informed of the 
                        availability of the pamphlets; and
                            ``(iii) a pamphlet shall be given to an 
                        operator of a residential construction site at 
                        the earliest appropriate point in the process 
                        under which the operator is seeking approval 
                        from a local government to carry out the 
                        residential construction activity.
                    ``(D) Consultation.--The Administrator shall 
                consult with State and interstate water pollution 
                control administrators and other affected interests in 
                establishing the program.''.

SEC. 6. GENERAL PERMITS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is further amended by adding at the end the following:
    ``(r) General Permits on a State, Regional, or Nationwide Basis.--
            ``(1) In general.--In carrying out responsibilities and 
        functions of the Administrator or a State under a program 
        approved under subsection (b) relating to the discharge of 
        pollutants under this section, the Administrator or the State 
        may issue a general permit on a State, regional, or nationwide 
        basis to cover any category of discharges, sludge use, disposal 
        practices, or facilities.
            ``(2) General permit term.--No general permit issued under 
        this section shall be for a period of more than 5 years after 
        the date of its issuance.
            ``(3) Notice.--Before issuing a general permit under this 
        section, the Administrator or State shall provide to the public 
        notice and opportunity to comment on such permit for a period 
        of 45 days.
            ``(4) Review not required.--The Administrator or State is 
        not required to specifically review, approve, or provide notice 
        and an opportunity for a public hearing and comment on, any 
        application for a discharge under a general permit issued under 
        this section.
            ``(5) Effective period for preexisting general permits.--
        Any general permit issued under this section by the 
        Administrator or a State before the date of enactment of this 
        subsection shall remain in effect under the terms and 
        conditions in effect on the date of its issuance.''.

SEC. 7. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end the following:
            ``(25) Residential construction activity.--The term 
        `residential construction activity' means a construction 
        activity associated with the development and construction of 
        housing of any type, including structures accessory or 
        appurtenant thereto and any facilities or infrastructure 
        necessary to serve such housing.
            ``(26) Operator.--The term `operator' means, as used with 
        respect to a site at which a residential construction activity 
        is being or will be carried out, a person, including a 
        governmental entity, that--
                    ``(A) has operational control over construction 
                plans and specifications, including the ability to make 
                modifications to those plans and specifications; or
                    ``(B) has day-to-day operational control over the 
                construction activity that is necessary to ensure 
                compliance with any applicable permit conditions and 
                other regulatory requirements under this Act.''.
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