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[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.''.
                                 <all>
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