I 

109TH CONGRESS 

2D SESSION H. R. 5558 

To amend the Federal Water Pollution Control Act to provide more effective 

permitting and enforcement mechanisms for stormwater discharges associated with residential construction activity. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2006 

Mr. DUNCAN (for himself, Mr. YOUNG of Alaska, Mr. MICA, Mr. BAKER, Mr. 

DEFAZIO, Mr. GARY G. MILLER of California, Ms. BERKLEY, Mr. SHUSTER, Mr. BOOZMAN, Mr. WESTMORELAND, Mr. BOUSTANY, Mr. PETERSON of Minnesota, Mr. AKIN, Mr. DAVIS of Tennessee, Mr. SCOTT of 

Georgia, Mr. NEUGEBAUER, Mrs. BLACKBURN, Ms. HARRIS, and Mr. 

SESSIONS) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to provide more effective permitting and enforcement mechanisms for stormwater discharges associated with residential construction activity. 

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 Enforce5 ment and Permitting Act of 2006’’. 


jcorcoran on PROD1PC62 with BILLS
2 

•HR 5558 IH

1 SEC. 2. GREATER SPECIFICITY IN INFORMATION REQUESTS 

2 AND OPPORTUNITY FOR CORRECTIVE AC3 TION. 

4 (a) INSPECTIONS, MONITORING, AND ENTRY.—Sec5 tion 308(a)(A)(v) of the Federal Water Pollution Act (33 

6 U.S.C. 1318(a)(A)(v)) is amended— 

7 (1) by striking ‘‘other information as he’’ and 

8 inserting ‘‘other information pertaining to such point 

9 source as the Administrator’’; and 

10 (2) by striking ‘‘reasonably require’’ and insert11 ing ‘‘reasonably request within 90 days of the date 

12 of the request or such shorter time period as the Ad13 ministrator determines is necessary to address an 

14 imminent and substantial endangerment to public 

15 health or welfare or the environment’’. 

16 (b) CORRECTIVE ACTION FOR RESIDENTIAL CON17 STRUCTION SITES.—Section 309 of such Act (33 U.S.C. 

18 1319) is amended by adding at the end the following: 

19 ‘‘(h) CORRECTIVE ACTION FOR RESIDENTIAL CON20 STRUCTION SITES.— 

21 ‘‘(1) IN GENERAL.—In the course of an inspec22 tion of a site at which a residential construction ac23 tivity is being or will be carried out or based on in24 formation obtained under section 308(a) relating to 

25 such a site, if the Administrator or the authorized 

26 representative of the Administrator discovers a violaVerDate Aug 31 2005 02:27 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558

jcorcoran on PROD1PC62 with BILLS
3 

•HR 5558 IH

1 tion of a permit condition relating to such site that 

2 has not resulted in a discharge of stormwater and 

3 provides written notice of such violation to the oper4 ator of such site, the Administrator or such rep5 resentative shall provide the operator a reasonable 

6 opportunity to correct the identified violation before 

7 initiation of an enforcement action. 

8 ‘‘(2) SUBSEQUENT VIOLATION.—If the Admin9 istrator or the authorized representative of the Ad10 ministrator subsequently inspects or requests infor11 mation regarding a residential construction site for 

12 which an opportunity for corrective action was pro13 vided under paragraph (1) and discovers a violation 

14 of the same permit condition that was corrected 

15 under paragraph (1) or for which such opportunity 

16 to correct was provided, the operator of such site 

17 shall not be provided a further opportunity to cor18 rect under this subsection before initiation of an en19 forcement action. 

20 ‘‘(3) LIMITATION ON AUTHORITY OF ADMINIS21 TRATOR.—The Administrator shall not exercise any 

22 authority under this section (other than under this 

23 subsection) during the period that the operator of a 

24 residential construction site is provided an oppor25 tunity to correct a violation of a permit condition 


jcorcoran on PROD1PC62 with BILLS
4 

•HR 5558 IH

1 that has not resulted in the discharge of 

2 stormwater.’’. 

3 (c) LIMITATION ON ACTIONS DURING OPPORTUNITY

4 TO CORRECT.—Section 309(g)(6)(A) of such Act (33 

5 U.S.C. 1319(g)(6)(A)) is amended— 

6 (1) by striking ‘‘or’’ at the end of clause (ii); 

7 (2) by inserting ‘‘or’’ after the comma at the 

8 end of clause (iii); and 

9 (3) by inserting after clause (iii) the following: 

10 ‘‘(iv) for which the Administrator or 

11 the authorized representative of the Ad12 ministrator has provided the operator of a 

13 residential construction site an opportunity 

14 to correct under subsection (h),’’. 

15 SEC. 3. PAPERWORK LIMITATIONS FOR RESIDENTIAL CON16 STRUCTION SITES. 

17 Section 402(l) of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1342(l)) is amended by adding at the end 

19 the following: 

20 ‘‘(3) STORMWATER RUNOFF FROM RESIDEN21 TIAL CONSTRUCTION SITES.— 

22 ‘‘(A) IN GENERAL.—The Administrator 

23 shall not require a permit, nor shall the Admin24 istrator directly or indirectly require any State 

25 to require a permit, under this section for 


jcorcoran on PROD1PC62 with BILLS
5 

•HR 5558 IH

1 stormwater runoff from any site at which a res2 idential construction activity is being or will be 

3 carried out if— 

4 ‘‘(i) such runoff enters a municipal 

5 separate storm sewer system that is cov6 ered by a permit to which subsection (p) 

7 applies and the operator of such site is in 

8 compliance with requirements imposed by 

9 the permittee for such system to control 

10 stormwater runoff; or 

11 ‘‘(ii) such site, during the period of 

12 the residential construction activity, has 

13 minimal potential for soil erosion caused 

14 by rainfall or overland flow due to soil 

15 type, geology, amount and force of precipi16 tation, and other conditions. 

17 ‘‘(B) MINIMAL POTENTIAL FOR SOIL ERO18 SION DEFINED.—For purposes of this para19 graph, a residential construction site has mini20 mal potential for soil erosion if the erosivity fac21 tor for the site during the period of the residen22 tial construction activity is less than 5 as cal23 culated based on the latest version of the re24 vised universal soil loss equation developed by 

25 the Department of Agriculture, unless the AdVerDate Aug 31 2005 02:27 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558

jcorcoran on PROD1PC62 with BILLS
6 

•HR 5558 IH

1 ministrator determines, after notice and an op2 portunity for public comment, that some other 

3 technical standard is more appropriate to meas4 ure the erosivity value of residential construc5 tion sites and adopts, by regulation, such stand6 ard for purposes of this paragraph.’’. 

7 SEC. 4. FEDERAL ENFORCEMENT. 

8 Section 402(p) of the Federal Water Pollution Con9 trol Act (33 U.S.C. 1342(p)) is amended by adding at the 

10 end the following: 

11 ‘‘(7) FEDERAL ENFORCEMENT OF STATE PER12 MITS AUTHORIZING STORMWATER DISCHARGES

13 FROM RESIDENTIAL CONSTRUCTION ACTIVITY.— 

14 ‘‘(A) IN GENERAL.—Notwithstanding sub15 section (i), the Administrator shall not exercise 

16 authority under section 309 with respect to a 

17 permit, issued by a State under a program ap18 proved under subsection (b) and authorizing a 

19 stormwater discharge from a site at which a 

20 residential construction activity is being or will 

21 be carried out, unless one of the following con22 ditions applies: 

23 ‘‘(i) The Administrator determines 

24 that such a discharge has flowed or will 


jcorcoran on PROD1PC62 with BILLS
7 

•HR 5558 IH

1 flow across a State line or onto a Federal 

2 facility or Indian tribal lands. 

3 ‘‘(ii) Such permit was issued under a 

4 State program that the Administrator has 

5 suspended or withdrawn under subsection 

6 (c). 

7 ‘‘(iii) After taking into consideration 

8 all of the terms, conditions, and require9 ments of such permit, the Administrator 

10 determines that— 

11 ‘‘(I) a stormwater discharge from 

12 such site results in imminent and sub13 stantial endangerment to public health 

14 or welfare or the environment; and 

15 ‘‘(II) additional actions are likely 

16 to be necessary to remove such 

17 endangerment. 

18 ‘‘(B) LIMITATION ON TRANSFERS TO

19 STATES.—If the Administrator receives or is 

20 awarded a fine or penalty for violation of a per21 mit issued under this section by a State for a 

22 site on which a residential construction activity 

23 is being or will be carried out through an action 

24 brought under section 309 based on any of the 

25 conditions set forth in clauses (i), (ii), and (iii) 


jcorcoran on PROD1PC62 with BILLS
8 

•HR 5558 IH

1 of subparagraph (A), the Administrator may 

2 not transfer, disburse, allocate, or otherwise pay 

3 all or any part of such fine or penalty to the 

4 State that issued the permit.’’. 

5 SEC. 5. NOTIFICATION TO POINT SOURCE OPERATORS AT 

6 RESIDENTIAL CONSTRUCTION SITES. 

7 Section 402(p) of the Federal Water Pollution Con8 trol Act (33 U.S.C. 1342(p)) is further amended by add9 ing at the end the following: 

10 ‘‘(8) NOTIFICATION OF PERMIT REQUIREMENTS

11 FOR STORMWATER DISCHARGES FROM RESIDENTIAL

12 CONSTRUCTION SITES.— 

13 ‘‘(A) STORMWATER INFORMATIONAL PAM14 PHLET PROGRAM.—Not later than 180 days 

15 after the date of enactment of this paragraph, 

16 the Administrator shall establish, by regulation, 

17 a program that will provide for development, 

18 and distribution to operators of residential con19 struction sites, of an informational pamphlet. 

20 ‘‘(B) PAMPHLET CONTENTS.—Under the 

21 program, operators of residential construction 

22 sites shall receive an informational pamphlet ex23 plaining, at a minimum, permitting require24 ments under this section for stormwater dis25 charges from a site at which a residential conVerDate Aug 31 2005 02:27 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558

jcorcoran on PROD1PC62 with BILLS
9 

•HR 5558 IH

1 struction activity is being or will be carried out 

2 (including the permitting requirements of sub3 sections (a) and (b) and this subsection and any 

4 applicable regulations issued to carry out this 

5 section) and fines and penalties that may arise 

6 from violations of such requirements. The pam7 phlet shall also include contact information for 

8 appropriate permitting authorities. 

9 ‘‘(C) DEADLINE FOR PAMPHLET DEVELOP10 MENT.—Under the program— 

11 ‘‘(i) the pamphlet or pamphlets shall 

12 be developed for distribution not later than 

13 180 days after the date of the issuance of 

14 the regulation establishing the program; 

15 ‘‘(ii) operators of residential construc16 tion sites shall be informed of the avail17 ability of the pamphlets; and 

18 ‘‘(iii) a pamphlet shall be given to an 

19 operator of a residential construction site 

20 at the earliest appropriate point in the 

21 process under which the operator is seek22 ing approval from a local government to 

23 carry out the residential construction activ24 ity. 


jcorcoran on PROD1PC62 with BILLS
10 

•HR 5558 IH

1 ‘‘(D) CONSULTATION.—The Administrator 

2 shall consult with State and interstate water 

3 pollution control administrators and other af4 fected interests in establishing the program.’’. 

5 SEC. 6. GENERAL PERMITS. 

6 Section 402 of the Federal Water Pollution Control 

7 Act (33 U.S.C. 1342) is further amended by adding at 

8 the end the following: 

9 ‘‘(r) GENERAL PERMITS ON A STATE, REGIONAL, OR

10 NATIONWIDE BASIS.— 

11 ‘‘(1) IN GENERAL.—In carrying out responsibil12 ities and functions of the Administrator or a State 

13 under a program approved under subsection (b) re14 lating to the discharge of pollutants under this sec15 tion, the Administrator or the State may issue a 

16 general permit on a State, regional, or nationwide 

17 basis to cover any category of discharges, sludge use, 

18 disposal practices, or facilities. 

19 ‘‘(2) GENERAL PERMIT TERM.—No general per20 mit issued under this section shall be for a period 

21 of more than 5 years after the date of its issuance. 

22 ‘‘(3) NOTICE.—Before issuing a general permit 

23 under this section, the Administrator or State shall 

24 provide to the public notice and opportunity to com25 ment on such permit for a period of 45 days. 


jcorcoran on PROD1PC62 with BILLS
11 

•HR 5558 IH

1 ‘‘(4) REVIEW NOT REQUIRED.—The Adminis2 trator or State is not required to specifically review, 

3 approve, or provide notice and an opportunity for a 

4 public hearing and comment on, any application for 

5 a discharge under a general permit issued under this 

6 section. 

7 ‘‘(5) EFFECTIVE PERIOD FOR PREEXISTING

8 GENERAL PERMITS.—Any general permit issued 

9 under this section by the Administrator or a State 

10 before the date of enactment of this subsection shall 

11 remain in effect under the terms and conditions in 

12 effect on the date of its issuance.’’. 

13 SEC. 7. DEFINITIONS. 

14 Section 502 of the Federal Water Pollution Control 

15 Act (33 U.S.C. 1362) is amended by adding at the end 

16 the following: 

17 ‘‘(25) RESIDENTIAL CONSTRUCTION ACTIV18 ITY.—The term ‘residential construction activity’ 

19 means a construction activity associated with the de20 velopment and construction of housing of any type, 

21 including structures accessory or appurtenant there22 to and any facilities or infrastructure necessary to 

23 serve such housing. 

24 ‘‘(26) OPERATOR.—The term ‘operator’ means, 

25 as used with respect to a site at which a residential 


jcorcoran on PROD1PC62 with BILLS
12 

•HR 5558 IH

1 construction activity is being or will be carried out, 

2 a person, including a governmental entity, that— 

3 ‘‘(A) has operational control over construc4 tion plans and specifications, including the abil5 ity to make modifications to those plans and 

6 specifications; or 

7 ‘‘(B) has day-to-day operational control 

8 over the construction activity that is necessary 

9 to ensure compliance with any applicable permit 

10 conditions and other regulatory requirements 

11 under this Act.’’. 

Æ 


jcorcoran on PROD1PC62 with BILLS