[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing 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.