[111th Congress Public Law 378]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 4128]]

Public Law 111-378
111th Congress

                                 An Act


 
  To amend the Federal Water Pollution Control Act to clarify Federal 
  responsibility for stormwater pollution. <<NOTE: Jan. 4, 2011 -  [S. 
                                3481]>> 

    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

[[Page 124 STAT. 4129]]

                by any appropriations Act to pay or reimburse the fee, 
                charge, or assessment.''.

    Approved January 4, 2011.

LEGISLATIVE HISTORY--S. 3481:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
            Dec. 21, considered and passed Senate.
            Dec. 22, considered and passed House.

                                  <all>