    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-378
    111th Congress

    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

    [[Page 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.