I

103D CONGRESS

1ST SESSION H. R. 1581

To amend the Federal Water Pollution Control Act to provide for the modification of permitting requirements for discharges composed entirely of

stormwater.

IN THE HOUSE OF REPRESENTATIVES

APRIL 1, 1993

Mr. GALLEGLY introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

To amend the Federal Water Pollution Control Act to provide for the modification of permitting requirements for

discharges composed entirely of stormwater.

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 ‘‘Stormwater Discharge

5 Improvement and Pollution Prevention Act of 1993’’.

6 SEC. 2. STORMWATER DISCHARGES.

7 Section 402(p) of the Federal Water Pollution Con8 trol Act (33 U.S.C. 1342(p)) is amended by adding at the

9 end the following new paragraph:
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1 ‘‘(7) MODIFICATION OF PERMITTING REQUIRE2 MENTS.—

3 ‘‘(A) IN GENERAL.—Not later than Octo4 ber 1, 1997, the Administrator shall issue regu5 lations modifying permit application require6 ments established under this subsection for the

7 following purposes:

8 ‘‘(i) COMPREHENSIVE POLLUTION

9 PREVENTION PLANS.—To provide that a

10 person who is issued a permit under this

11 section for discharges composed entirely of

12 stormwater will be considered to have sat13 isfied any requirement contained in such

14 permit (and any other requirement of this

15 Act) for treatment of such discharges if

16 such person implements institutional and

17 nonstructural source controls of pollutants

18 under a comprehensive pollution prevention

19 plan. Any such plan shall be approved by

20 the Administrator or the State (in the case

21 of a permit program approved under sec22 tion 402 of this Act) in accordance with

23 criteria and procedures established by the

24 Administrator.
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1 ‘‘(ii) EXEMPTIONS.—To establish pro2 cedures under which a facility may be ex3 empt from all permitting requirements

4 under this section for discharges composed

5 entirely of stormwater if the person con6 trolling the facility can demonstrate any of

7 the following:

8 ‘‘(I) That the facility is relatively

9 insignificant in size.

10 ‘‘(II) That stormwater discharges

11 from the facility can be expected to

12 have a minimum environmental im13 pact.

14 ‘‘(III) That mitigation efforts are

15 being implemented to prevent pollut16 ants from entering stormwater dis17 charges from the facility.

18 ‘‘(iii) EXISTING PERMITS.—To provide

19 for the modification of existing permits

20 and permit applications under this section

21 for discharges composed entirely of

22 stormwater to conform with modifications

23 to permit application requirements under

24 this paragraph.
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1 ‘‘(B) APPLICABILITY OF EXISTING RE2 QUIREMENTS.—Notwithstanding any other pro3 vision of this subsection, the Administrator or

4 the State (in the case of a permit program ap5 proved under section 402 of this Act)—

6 ‘‘(i) shall not require a permit under

7 this section, or enforce any provision of an

8 existing permit, for discharges composed

9 entirely of stormwater before the effective

10 date of regulations to be issued under sub11 paragraph (A); and

12 ‘‘(ii) shall not issue a permit under

13 this section, or enforce any provision of an

14 existing permit, which requires, before Oc15 tober 1, 2000, the treatment of discharges

16 composed entirely of stormwater.

17 ‘‘(C) ADVISORY GROUP.—The Adminis18 trator shall establish an advisory group to as19 sist the Administrator in developing regulations

20 under this paragraph and to ensure that such

21 regulations are simple, flexible, and cost-effec22 tive. Such advisory group shall include local

23 elected officials from municipalities representing

24 the size and geographic diversity of municipali25 ties which will be subject to such regulations.
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1 ‘‘(D) EFFECTIVE DATE.—Regulations is2 sued pursuant to this paragraph shall not take

3 effect before October 1, 1997.’’.

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