II

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.

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 Control

5 Reform Act of 1994’’.

6 SEC. 2. STORMWATER MANAGEMENT.

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

9 (1) by striking paragraph (1);
2

•S 2507 IS

1 (2) by redesignating paragraph (2) as para2 graph (1);

3 (3) in paragraph (1) (as so redesignated)—

4 (A) by striking the matter preceding sub5 paragraph (A) and inserting the following:

6 ‘‘(1) IN GENERAL.—The requirements of para7 graph (4) for applications and the issuance of per8 mits for stormwater discharges shall apply to:’’;

9 (B) in subparagraph (B), by inserting ‘‘or

10 commercial’’ after ‘‘industrial’’;

11 (C) by striking ‘‘separate’’ each place it

12 appears in subparagraphs (C) and (D);

13 (D) by redesignating subparagraph (E) as

14 subparagraph (F); and

15 (E) by inserting after subparagraph (D)

16 the following new subparagraph:

17 ‘‘(E) A discharge from a municipal storm

18 sewer system serving a population of fewer than

19 100,000 individuals that is located in an urban20 ized area (as designated by the Bureau of the

21 Census) in which a stormwater discharge cov22 ered by a permit issued under subparagraph

23 (C) or (D) is also located.’’;

24 (4) by inserting after paragraph (1) (as so re25 designated) the following new paragraph:
3

•S 2507 IS

1 ‘‘(2) OTHER MUNICIPAL STORMWATER DIS2 CHARGES.—

3 ‘‘(A) MORATORIUM ON PERMITTING FOR

4 REMAINING URBANIZED AREAS.—

5 ‘‘(i) MUNICIPAL STORMWATER SYS6 TEMS.—Except as provided in clauses (iii)

7 and (iv), prior to October 1, 2001, neither

8 the Administrator nor the State (in the

9 case of a permit program approved under

10 subsection (b)) shall require a permit

11 under this section for discharges composed

12 entirely of stormwater from municipal

13 storm sewer systems serving a population

14 of fewer than 100,000 individuals that is

15 located in an urbanized area (as des16 ignated by the Bureau of the Census)

17 other than discharges described in para18 graph (1)(E).

19 ‘‘(ii) ADVANCE NOTICE OF PROPOSED

20 RULEMAKING.—Not later than 2 years

21 after the date of enactment of this sub22 paragraph, the Administrator shall publish

23 an advance notice of proposed rulemaking

24 that summarizes available information on

25 municipal storm sewer systems covered by
4

•S 2507 IS

1 clause (i) and outlines the options being

2 considered for regulations under clause

3 (iii).

4 ‘‘(iii) REGULATIONS.—The Adminis5 trator may issue regulations specifying per6 mit application requirements for permits

7 for the discharges covered by clause (i)

8 prior to October 1, 1998, based on a deter9 mination by the Administrator that the

10 discharges would be appropriately regu11 lated by a permit issued pursuant to this

12 subsection. If the Administrator issues the

13 regulations, permits shall be issued or de14 nied for the discharges not later than 7

15 years after the date of enactment of para16 graph (3)(C).

17 ‘‘(iv) FAILURE TO ISSUE REGULA18 TIONS.—Notwithstanding clause (i), if the

19 Administrator fails to issue the regulations

20 described in clause (iii) prior to October 1,

21 1998, the discharges covered by clause (i)

22 shall be subject to the requirements of sec23 tion 301 and this section as of October 1,

24 1998.
5

•S 2507 IS

1 ‘‘(B) EXEMPTION FROM PERMIT REQUIRE2 MENTS FOR NONURBANIZED AREAS.—Notwith3 standing section 301 or any other provision of

4 this section, a source of discharges composed

5 entirely of stormwater from municipal storm

6 sewer systems, other than the discharges de7 scribed in paragraph (1) or subparagraph (A),

8 is not required to obtain a permit for the dis9 charges under this Act.

10 ‘‘(C) CLARIFICATION.—Nothing in this

11 subsection shall be interpreted, construed, or

12 applied to modify the requirements of this Act

13 (including other provisions of this section) oth14 erwise applicable to discharges of stormwater

15 combined with domestic or industrial

16 wastewater.’’;

17 (5) in paragraph (3)—

18 (A) in subparagraph (A)—

19 (i) by inserting ‘‘AND COMMERCIAL’’

20 after ‘‘INDUSTRIAL’’; and

21 (ii) by inserting ‘‘and commercial’’

22 after ‘‘industrial’’;

23 (B) in subparagraph (B)—

24 (i) by striking ‘‘and’’ at the end of

25 clause (ii);
6

•S 2507 IS

1 (ii) by striking the period at the end

2 of clause (iii) and inserting ‘‘; and’’; and

3 (iii) by adding at the end the follow4 ing new clause:

5 ‘‘(iv) shall include monitoring and re6 porting requirements that, at minimum,

7 provide for—

8 ‘‘(I) representative monitoring

9 for the quality of receiving waters;

10 and

11 ‘‘(II) reporting for the implemen12 tation of management measures.’’;

13 and

14 (C) by adding at the end the following new

15 subparagraphs:

16 ‘‘(C) MAXIMUM EXTENT PRACTICABLE.—

17 ‘‘(i) MAXIMUM EXTENT PRACTICABLE

18 DEFINED.—As used in subparagraph

19 (B)(iii) (and with respect to permits issued

20 after the date that is 2 years after the date

21 of enactment of this subparagraph), the

22 term ‘maximum extent practicable’ means

23 applying management measures, as defined

24 in section 6217(g)(5) of the Coastal Zone

25 Act Reauthorization Amendments of 1990
7

•S 2507 IS

1 (16 U.S.C. 1455b(g)(5)), for municipal

2 stormwater discharges that, in the judg3 ment of the Administrator (or a State au4 thorized to issue a permit under this sec5 tion), will attain and maintain water qual6 ity standards.

7 ‘‘(ii) GUIDANCE.—Not later than 2

8 years after the date of enactment of this

9 subparagraph, the Administrator, after

10 consultation with persons with expertise in

11 the management of stormwater (including

12 officials of local governments and rep13 resentatives of public interest groups),

14 shall—

15 ‘‘(I) establish requirements for

16 specific management measures for

17 municipal stormwater discharges

18 based on the guidance issued under

19 section 6217 of the Coastal Zone Act

20 Reauthorization Amendments of 1990

21 (16 U.S.C. 1445b) to define ‘maxi22 mum extent practicable’ for the pur23 poses of this section; and

24 ‘‘(II) if practicable, include in the

25 requirements minimum and objective
8

•S 2507 IS

1 performance standards for each of the

2 management measures.

3 ‘‘(D) NUMERIC EFFLUENT LIMITATIONS.—

4 Notwithstanding section 301 and this section,

5 during the 10-year period beginning on the date

6 of enactment of this subparagraph, a permit is7 sued pursuant to this subsection for discharges

8 from municipal storm sewers composed entirely

9 of stormwater shall not require compliance with

10 numeric effluent limitations and water quality

11 standards shall not be applied or enforced as ef12 fluent limitations.

13 ‘‘(E) MUNICIPALLY OWNED AND COMMER14 CIAL DISCHARGES.—The Administrator (or a

15 State with a program approved under sub16 section (b)) may issue a consolidated permit for

17 discharges from a storm sewer system owned by

18 a municipality and the stormwater discharges

19 from industrial or commercial sources owned by

20 the same municipality.’’;

21 (6) in paragraph (4)—

22 (A) by striking ‘‘(2)’’ each place it appears

23 and inserting ‘‘(1)’’;

24 (B) in subparagraph (B)—
9

•S 2507 IS

1 (i) by striking ‘‘(B) OTHER MUNICI2 PAL DISCHARGES.—Not later than’’ and

3 inserting the following:

4 ‘‘(B) OTHER MUNICIPAL DISCHARGES.—

5 ‘‘(i) IN GENERAL.—Not later than’’;

6 and

7 (ii) by adding at the end the following

8 new clauses:

9 ‘‘(ii) DEADLINE FOR SUBMISSION OF

10 APPLICATION.—Applications for permits

11 for discharges from municipal storm sys12 tems that were not required to apply for a

13 permit before the date of enactment of this

14 clause because the systems are combined

15 storm and sanitary systems shall be filed

16 not later than 4 years after the date of en17 actment of this clause.

18 ‘‘(iii) EFFECTIVE DATE.—The re19 quirement for a permit under section 301

20 and this section shall apply to discharges

21 from municipal storm sewer systems de22 scribed in paragraph (1)(E) beginning on

23 the date of the expiration of a permit for

24 a discharge described in subparagraph (C)

25 or (D) of paragraph (1) that is located in
10

•S 2507 IS

1 the same urbanized area and that occurs

2 after the date that is 3 years after the date

3 of enactment of this clause.’’; and

4 (C) by adding at the end the following new

5 subparagraph:

6 ‘‘(C) COMMERCIAL AND LIGHT INDUSTRIAL

7 DISCHARGES.—

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), the Administrator

10 shall, after notice and opportunity for pub11 lic comment, establish permit application

12 and other requirements for stormwater dis13 charges from commercial and light indus14 trial sources and ensure that permits

15 under this section for all sources are issued

16 as expeditiously as practicable, but no later

17 than 8 years after the date of enactment

18 of this subparagraph.

19 ‘‘(ii) EXCEPTIONS.—This subpara20 graph shall not apply to discharges from

21 sources that—

22 ‘‘(I) were required to submit ap23 plications for a permit by the rule

24 published by the Administrator at 55
11

•S 2507 IS

1 Fed. Reg. 47990 (November 16,

2 1990);

3 ‘‘(II) are in a source or a class

4 for which an exemption to the permit

5 requirements of this section and sec6 tion 301 is granted before the date

7 that is 8 years after the date of enact8 ment of this subparagraph, pursuant

9 to paragraph (5); or

10 ‘‘(III) are owned or operated by

11 a municipality and are subject to a

12 consolidated permit as authorized by

13 paragraph (3)(E).

14 ‘‘(D) REGULATIONS.—The Administrator

15 shall publish a notice of proposed rulemaking

16 for the requirements described in subparagraph

17 (C) not later than 4 years after the date of en18 actment of this subparagraph and shall issue

19 final regulations relating to the requirements

20 not later than 6 years after the date of enact21 ment of this subparagraph.’’; and

22 (7) by striking paragraphs (5) and (6) and in23 serting the following new paragraphs:

24 ‘‘(5) COMMERCIAL AND LIGHT INDUSTRIAL DIS25 CHARGES.—
12

•S 2507 IS

1 ‘‘(A) IN GENERAL.—The Administrator

2 may exempt a class or category of commercial

3 and light industrial discharges composed en4 tirely of stormwater (other than discharges sub5 ject to permit application requirements pub6 lished at 55 Fed. Reg. 47990 (November 16,

7 1990)) from the requirement to obtain a permit

8 pursuant to section 301 and this section if the

9 Administrator determines based on available in10 formation that, considering controls and man11 agement measures installed at sources in the

12 class or category, stormwater discharges from

13 sources in the class or category have minimal

14 effect on water or sediment quality.

15 ‘‘(B) REGULATIONS.—

16 ‘‘(i) IN GENERAL.—The Administrator

17 shall issue regulations for classes or cat18 egories of discharges exempt under sub19 paragraph (A).

20 ‘‘(ii) CONTENTS.—Such regulations

21 shall, at a minimum, establish priorities,

22 establish requirements for State

23 stormwater management programs, and es24 tablish expeditious deadlines for compli25 ance with the requirements established by
13

•S 2507 IS

1 the regulations. The regulations may in2 clude performance standards, guidelines,

3 guidance, and management practices and

4 treatment requirements, as appropriate.

5 The Administrator may, in making a de6 termination under subparagraph (A), take

7 into account controls and management

8 measures established pursuant to this sub9 paragraph.

10 ‘‘(iii) REFERENCES.—For purposes of

11 sections 309 and 505, any reference to a

12 permit issued under section 402 shall be

13 interpreted to include a requirement im14 posed by a regulation issued pursuant to

15 this subparagraph.

16 ‘‘(6) STORMWATER RESEARCH.—

17 ‘‘(A) IN GENERAL.—To determine the

18 most cost-effective and technologically feasible

19 means of improving the quality of the waters of

20 the Nation, the Administrator shall establish an

21 initiative through which the Administrator shall

22 fund State and local demonstration programs

23 and research to test innovative approaches to

24 address the impacts of hydrologic and hydraulic

25 changes, source controls, and water quality
14

•S 2507 IS

1 management practices and controls for runoff

2 from municipal storm sewers. Persons conduct3 ing demonstration programs and research fund4 ed under the initiative shall also take into ac5 count the physical nature of episodic

6 stormwater flows, the varying pollutants in

7 stormwater, the actual risk the flows pose to

8 the designated beneficial uses, and the ability of

9 natural ecosystems to accept temporary

10 stormwater events.

11 ‘‘(B) AWARD OF FUNDS.—The Adminis12 trator shall award the demonstration and re13 search program funds taking into account re14 gional and population variations.

15 ‘‘(C) AUTHORIZATION OF APPROPRIA16 TIONS.—There are authorized to be appro17 priated to carry out this paragraph a total of

18 $100,000,000 for the period consisting of fiscal

19 years 1995 through 2004. Such sums shall re20 main available until expended.

21 ‘‘(7) ADDITIONAL MONITORING SUPPORT.—Mu22 nicipalities subject to permits issued under this sub23 section shall be eligible for grants under section

24 319(h) to train and facilitate training of citizens in
15

•S 2507 IS

1 citizen watershed monitoring activities to support

2 municipal stormwater management programs.’’.

Æ