I 

113TH CONGRESS 

1ST SESSION H. R. 2707 

To direct the Administrator of the Environmental Protection Agency to carry 

out a pilot program to work with municipalities that are seeking to 

develop and implement integrated plans to meet their wastewater and 

stormwater obligations under the Federal Water Pollution Control Act, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 17, 2013 

Mr. CHABOT (for himself, Mr. SIMPSON, and Mr. GRAVES of Missouri) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To direct the Administrator of the Environmental Protection 

Agency to carry out a pilot program to work with municipalities that are seeking to develop and implement integrated plans to meet their wastewater and stormwater 

obligations under the Federal Water Pollution Control 

Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Water Compli5 ance and Ratepayer Affordability Act of 2013’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 2707 IH

1 SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND 

2 WASTEWATER APPROACH FRAMEWORK. 

3 (a) IN GENERAL.—In the first 5 fiscal years begin4 ning after the date of enactment of this Act, the Adminis5 trator of the Environmental Protection Agency, in coordi6 nation with appropriate State, local, and regional authori7 ties, shall carry out a pilot program under which the Ad8 ministrator shall work cooperatively with and facilitate the 

9 efforts of municipalities to develop and implement inte10 grated plans to meet their wastewater and stormwater ob11 ligations under the Federal Water Pollution Control Act 

12 (33 U.S.C. 1251 et seq.) in a more cost-effective and flexi13 ble manner. 

14 (b) FRAMEWORK.—The Administrator shall carry out 

15 the pilot program in a manner that is consistent with the 

16 Integrated Municipal Stormwater and Wastewater Ap17 proach Framework issued by the Environmental Protec18 tion Agency, dated May 2012. 

19 (c) SELECTION OF MUNICIPALITIES.— 

20 (1) IN GENERAL.—The Administrator, in con21 sultation with States that have approved National 

22 Pollutant Discharge Elimination System programs, 

23 shall select not less than 15 municipalities to partici24 pate in the pilot program. 

25 (2) FACTORS.—In selecting the municipalities, 

26 the Administrator shall— 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 2707 IH

1 (A) specifically focus on— 

2 (i) municipalities that are operating 

3 under an administrative order, administra4 tive consent agreement, or judicial consent 

5 decree to comply with the requirements of 

6 the Federal Water Pollution Control Act; 

7 (ii) other municipalities facing compli8 ance issues under the Federal Water Pollu9 tion Control Act, in addition to the munici10 palities described in clause (i); and 

11 (iii) municipalities that are affected by 

12 affordability constraints in planning and 

13 implementing control measures to address 

14 wet weather discharges from their waste15 water and stormwater facilities; and 

16 (B) give priority to municipalities with a 

17 history of knowledgeable, detailed, and com18 prehensive efforts to develop integrated and 

19 adaptive clean water management practices, 

20 without regard to the status of the municipality 

21 in the process of planning or implementing such 

22 practices. 

23 (d) APPROVAL OF INTEGRATED PLANS.— 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 2707 IH

1 (1) IN GENERAL.—In approving the integrated 

2 plan of a municipality under the pilot program, the 

3 Administrator shall— 

4 (A) account for the financial capability of 

5 the municipality to adequately address the re6 quirements of the Federal Water Pollution Con7 trol Act that apply to the municipality; 

8 (B) prioritize the obligations of the munici9 pality under the Federal Water Pollution Con10 trol Act according to the most cost-effective and 

11 environmentally beneficial outcomes; 

12 (C) account for the maintenance, oper13 ational, and regulatory obligations of the mu14 nicipality; and 

15 (D) enable the municipality to implement 

16 innovative and flexible approaches to meet the 

17 obligations of the municipality under the Fed18 eral Water Pollution Control Act. 

19 (2) USE OF ADAPTIVE MANAGEMENT AP20 PROACHES.— 

21 (A) PRIORITY.—In selecting municipalities 

22 to participate in the program, the Adminis23 trator may give priority to a municipality that 

24 is seeking to develop and implement an inte25 grated plan that includes adaptive approaches 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 2707 IH

1 to account for changed or future uncertain cir2 cumstances. 

3 (B) TYPES OF ADAPTIVE APPROACHES.— 

4 Adaptive approaches referred to in subpara5 graph (A) include, at a minimum— 

6 (i) the use of new innovative technical 

7 or institutional approaches; and 

8 (ii) the ability to adapt the integrated 

9 plan in response to new regulatory require10 ments and reductions in financial capa11 bility. 

12 (3) ADDITIONAL AUTHORITIES.—In carrying 

13 out the pilot program, the Administrator may, in full 

14 coordination and mutual agreement with a munici15 pality selected to participate in the pilot program— 

16 (A) extend the allowable national pollutant 

17 discharge elimination system permit term under 

18 section 402 of the Federal Water Pollution 

19 Control Act (33 U.S.C. 1342) to a maximum of 

20 25 years, and make corresponding changes to 

21 any associated implementation schedule; 

22 (B) modify the implementation terms of a 

23 consent decree entered into by the municipality 

24 with the Administrator pursuant to that Act; 

25 and 


tjames on DSK6SPTVN1PROD with BILLS
6 

•HR 2707 IH

1 (C) provide additional regulatory flexibility 

2 under the Federal Water Pollution Control Act 

3 in approving and implementing an integrated 

4 plan that includes adaptive approaches in order 

5 to encourage the innovation integral to such ap6 proaches. 

7 (e) REPORT TO CONGRESS.—Not later than 1 year 

8 after the date of enactment of this Act, and each year 

9 thereafter for 5 years, the Administrator shall transmit 

10 to Congress a report on the results of the pilot program, 

11 including a description of the specific outcomes expected 

12 to be achieved that will reduce the costs of complying with 

13 the requirements of the Federal Water Pollution Control 

14 Act for municipalities participating in the program and 

15 similarly situated municipalities. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS