[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2507
To amend the Federal Water Pollution Control Act to improve stormwater
management, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5 (legislative day, September 12), 1994
Mr. Baucus (for himself and Mr. Chafee) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to improve stormwater
management, and for other purposes.
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 Control Reform Act of
1994''.
SEC. 2. STORMWATER MANAGEMENT.
Section 402(p) of the Federal Water Pollution Control Act (33
U.S.C. 1342(p)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the matter preceding subparagraph
(A) and inserting the following:
``(1) In general.--The requirements of paragraph (4) for
applications and the issuance of permits for stormwater
discharges shall apply to:'';
(B) in subparagraph (B), by inserting ``or
commercial'' after ``industrial'';
(C) by striking ``separate'' each place it appears
in subparagraphs (C) and (D);
(D) by redesignating subparagraph (E) as
subparagraph (F); and
(E) by inserting after subparagraph (D) the
following new subparagraph:
``(E) A discharge from a municipal storm sewer
system serving a population of fewer than 100,000
individuals that is located in an urbanized area (as
designated by the Bureau of the Census) in which a
stormwater discharge covered by a permit issued under
subparagraph (C) or (D) is also located.'';
(4) by inserting after paragraph (1) (as so redesignated)
the following new paragraph:
``(2) Other municipal stormwater discharges.--
``(A) Moratorium on permitting for remaining
urbanized areas.--
``(i) Municipal stormwater systems.--Except
as provided in clauses (iii) and (iv), prior to
October 1, 2001, neither the Administrator nor
the State (in the case of a permit program
approved under subsection (b)) shall require a
permit under this section for discharges
composed entirely of stormwater from municipal
storm sewer systems serving a population of
fewer than 100,000 individuals that is located
in an urbanized area (as designated by the
Bureau of the Census) other than discharges
described in paragraph (1)(E).
``(ii) Advance notice of proposed
rulemaking.--Not later than 2 years after the
date of enactment of this subparagraph, the
Administrator shall publish an advance notice
of proposed rulemaking that summarizes
available information on municipal storm sewer
systems covered by clause (i) and outlines the
options being considered for regulations under
clause (iii).
``(iii) Regulations.--The Administrator may
issue regulations specifying permit application
requirements for permits for the discharges
covered by clause (i) prior to October 1, 1998,
based on a determination by the Administrator
that the discharges would be appropriately
regulated by a permit issued pursuant to this
subsection. If the Administrator issues the
regulations, permits shall be issued or denied
for the discharges not later than 7 years after
the date of enactment of paragraph (3)(C).
``(iv) Failure to issue regulations.--
Notwithstanding clause (i), if the
Administrator fails to issue the regulations
described in clause (iii) prior to October 1,
1998, the discharges covered by clause (i)
shall be subject to the requirements of section
301 and this section as of October 1, 1998.
``(B) Exemption from permit requirements for
nonurbanized areas.--Notwithstanding section 301 or any
other provision of this section, a source of discharges
composed entirely of stormwater from municipal storm
sewer systems, other than the discharges described in
paragraph (1) or subparagraph (A), is not required to
obtain a permit for the discharges under this Act.
``(C) Clarification.--Nothing in this subsection
shall be interpreted, construed, or applied to modify
the requirements of this Act (including other
provisions of this section) otherwise applicable to
discharges of stormwater combined with domestic or
industrial wastewater.'';
(5) in paragraph (3)--
(A) in subparagraph (A)--
(i) by inserting ``and commercial'' after
``Industrial''; and
(ii) by inserting ``and commercial'' after
``industrial'';
(B) in subparagraph (B)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by striking the period at the end of
clause (iii) and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iv) shall include monitoring and
reporting requirements that, at minimum,
provide for--
``(I) representative monitoring for
the quality of receiving waters; and
``(II) reporting for the
implementation of management
measures.''; and
(C) by adding at the end the following new
subparagraphs:
``(C) Maximum extent practicable.--
``(i) Maximum extent practicable defined.--
As used in subparagraph (B)(iii) (and with
respect to permits issued after the date that
is 2 years after the date of enactment of this
subparagraph), the term `maximum extent
practicable' means applying management
measures, as defined in section 6217(g)(5) of
the Coastal Zone Act Reauthorization Amendments
of 1990 (16 U.S.C. 1455b(g)(5)), for municipal
stormwater discharges that, in the judgment of
the Administrator (or a State authorized to
issue a permit under this section), will attain
and maintain water quality standards.
``(ii) Guidance.--Not later than 2 years
after the date of enactment of this
subparagraph, the Administrator, after
consultation with persons with expertise in the
management of stormwater (including officials
of local governments and representatives of
public interest groups), shall--
``(I) establish requirements for
specific management measures for
municipal stormwater discharges based
on the guidance issued under section
6217 of the Coastal Zone Act
Reauthorization Amendments of 1990 (16
U.S.C. 1445b) to define `maximum extent
practicable' for the purposes of this
section; and
``(II) if practicable, include in
the requirements minimum and objective
performance standards for each of the
management measures.
``(D) Numeric effluent limitations.--
Notwithstanding section 301 and this section, during
the 10-year period beginning on the date of enactment
of this subparagraph, a permit issued pursuant to this
subsection for discharges from municipal storm sewers
composed entirely of stormwater shall not require
compliance with numeric effluent limitations and water
quality standards shall not be applied or enforced as
effluent limitations.
``(E) Municipally owned and commercial
discharges.--The Administrator (or a State with a
program approved under subsection (b)) may issue a
consolidated permit for discharges from a storm sewer
system owned by a municipality and the stormwater
discharges from industrial or commercial sources owned
by the same municipality.'';
(6) in paragraph (4)--
(A) by striking ``(2)'' each place it appears and
inserting ``(1)'';
(B) in subparagraph (B)--
(i) by striking ``(B) Other municipal
discharges.--Not later than'' and inserting the
following:
``(B) Other municipal discharges.--
``(i) In general.--Not later than''; and
(ii) by adding at the end the following new
clauses:
``(ii) Deadline for submission of
application.--Applications for permits for
discharges from municipal storm systems that
were not required to apply for a permit before
the date of enactment of this clause because
the systems are combined storm and sanitary
systems shall be filed not later than 4 years
after the date of enactment of this clause.
``(iii) Effective date.--The requirement
for a permit under section 301 and this section
shall apply to discharges from municipal storm
sewer systems described in paragraph (1)(E)
beginning on the date of the expiration of a
permit for a discharge described in
subparagraph (C) or (D) of paragraph (1) that
is located in the same urbanized area and that
occurs after the date that is 3 years after the
date of enactment of this clause.''; and
(C) by adding at the end the following new
subparagraph:
``(C) Commercial and light industrial discharges.--
``(i) In general.--Except as provided in
clause (ii), the Administrator shall, after
notice and opportunity for public comment,
establish permit application and other
requirements for stormwater discharges from
commercial and light industrial sources and
ensure that permits under this section for all
sources are issued as expeditiously as
practicable, but no later than 8 years after
the date of enactment of this subparagraph.
``(ii) Exceptions.--This subparagraph shall
not apply to discharges from sources that--
``(I) were required to submit
applications for a permit by the rule
published by the Administrator at 55
Fed. Reg. 47990 (November 16, 1990);
``(II) are in a source or a class
for which an exemption to the permit
requirements of this section and
section 301 is granted before the date
that is 8 years after the date of
enactment of this subparagraph,
pursuant to paragraph (5); or
``(III) are owned or operated by a
municipality and are subject to a
consolidated permit as authorized by
paragraph (3)(E).
``(D) Regulations.--The Administrator shall publish
a notice of proposed rulemaking for the requirements
described in subparagraph (C) not later than 4 years
after the date of enactment of this subparagraph and
shall issue final regulations relating to the
requirements not later than 6 years after the date of
enactment of this subparagraph.''; and
(7) by striking paragraphs (5) and (6) and inserting the
following new paragraphs:
``(5) Commercial and light industrial discharges.--
``(A) In general.--The Administrator may exempt a
class or category of commercial and light industrial
discharges composed entirely of stormwater (other than
discharges subject to permit application requirements
published at 55 Fed. Reg. 47990 (November 16, 1990))
from the requirement to obtain a permit pursuant to
section 301 and this section if the Administrator
determines based on available information that,
considering controls and management measures installed
at sources in the class or category, stormwater
discharges from sources in the class or category have
minimal effect on water or sediment quality.
``(B) Regulations.--
``(i) In general.--The Administrator shall
issue regulations for classes or categories of
discharges exempt under subparagraph (A).
``(ii) Contents.--Such regulations shall,
at a minimum, establish priorities, establish
requirements for State stormwater management
programs, and establish expeditious deadlines
for compliance with the requirements
established by the regulations. The regulations
may include performance standards, guidelines,
guidance, and management practices and
treatment requirements, as appropriate. The
Administrator may, in making a determination
under subparagraph (A), take into account
controls and management measures established
pursuant to this subparagraph.
``(iii) References.--For purposes of
sections 309 and 505, any reference to a permit
issued under section 402 shall be interpreted
to include a requirement imposed by a
regulation issued pursuant to this
subparagraph.
``(6) Stormwater research.--
``(A) In general.--To determine the most cost-
effective and technologically feasible means of
improving the quality of the waters of the Nation, the
Administrator shall establish an initiative through
which the Administrator shall fund State and local
demonstration programs and research to test innovative
approaches to address the impacts of hydrologic and
hydraulic changes, source controls, and water quality
management practices and controls for runoff from
municipal storm sewers. Persons conducting
demonstration programs and research funded under the
initiative shall also take into account the physical
nature of episodic stormwater flows, the varying
pollutants in stormwater, the actual risk the flows
pose to the designated beneficial uses, and the ability
of natural ecosystems to accept temporary stormwater
events.
``(B) Award of funds.--The Administrator shall
award the demonstration and research program funds
taking into account regional and population variations.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph a total of $100,000,000 for the period
consisting of fiscal years 1995 through 2004. Such sums
shall remain available until expended.
``(7) Additional monitoring support.--Municipalities
subject to permits issued under this subsection shall be
eligible for grants under section 319(h) to train and
facilitate training of citizens in citizen watershed monitoring
activities to support municipal stormwater management
programs.''.
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