[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3481 Enrolled Bill (ENR)]

        S.3481

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
  To amend the Federal Water Pollution Control Act to clarify Federal 
                responsibility for stormwater pollution.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER PROGRAMS.
    Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 
1323) is amended by adding at the end the following:
    ``(c) Reasonable Service Charges.--
        ``(1) In general.--For the purposes of this Act, reasonable 
    service charges described in subsection (a) include any reasonable 
    nondiscriminatory fee, charge, or assessment that is--
            ``(A) based on some fair approximation of the proportionate 
        contribution of the property or facility to stormwater 
        pollution (in terms of quantities of pollutants, or volume or 
        rate of stormwater discharge or runoff from the property or 
        facility); and
            ``(B) used to pay or reimburse the costs associated with 
        any stormwater management program (whether associated with a 
        separate storm sewer system or a sewer system that manages a 
        combination of stormwater and sanitary waste), including the 
        full range of programmatic and structural costs attributable to 
        collecting stormwater, reducing pollutants in stormwater, and 
        reducing the volume and rate of stormwater discharge, 
        regardless of whether that reasonable fee, charge, or 
        assessment is denominated a tax.
        ``(2) Limitation on accounts.--
            ``(A) Limitation.--The payment or reimbursement of any fee, 
        charge, or assessment described in paragraph (1) shall not be 
        made using funds from any permanent authorization account in 
        the Treasury.
            ``(B) Reimbursement or payment obligation of federal 
        government.--Each department, agency, or instrumentality of the 
        executive, legislative, and judicial branches of the Federal 
        Government, as described in subsection (a), shall not be 
        obligated to pay or reimburse any fee, charge, or assessment 
        described in paragraph (1), except to the extent and in an 
        amount provided in advance by any appropriations Act to pay or 
        reimburse the fee, charge, or assessment.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.