II

106TH CONGRESS

1ST SESSION S. 1706

To amend the Federal Water Pollution Control Act to exclude from

stormwater regulation certain areas and activities, and to improve the

regulation and limit the liability of local governments concerning copermitting and the implementation of control measures.

IN THE SENATE OF THE UNITED STATES

OCTOBER 7, 1999

Mrs. HUTCHISON (for herself and Mr. GRAMM) 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 exclude from stormwater regulation certain areas and activities, and to improve the regulation and limit the liability of local governments concerning co-permitting and

the implementation of control measures.

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 ‘‘Water Regulation Im5 provement Act of 1999’’.
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1 SEC. 2. WAIVER OF LIABILITY OF CO-PERMITTEES.

2 Section 402(p)(3)(B) of the Federal Water Pollution

3 Control Act (33 U.S.C. 1342(p)(3)(B)) is amended—

4 (1) in clause (ii), by striking ‘‘and’’;

5 (2) in clause (iii), by striking the period at the

6 end and inserting ‘‘; and’’; and

7 (3) by adding at the end the following:

8 ‘‘(iv) shall—

9 ‘‘(I) recognize the responsibility

10 of governmental entities to carry out

11 the control measures described in

12 clause (iii), including responsibilities

13 established through co-permits or

14 other mechanisms; and

15 ‘‘(II) provide that, in the case of

16 a local governmental entity (including

17 a municipality, county, city, or bor18 ough) that relies on a co-permittee or

19 another governmental entity to comply

20 with any requirement to implement a

21 control measure in which the co-per22 mittee or other governmental entity

23 assumes responsibility for implemen24 tation of, but fails to implement, the

25 control measure, the local govern26 mental entity shall not be liable for
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1 the failure of the co-permittee or

2 other governmental entity to imple3 ment the control measure.’’.

4 SEC. 3. EXCLUSION OF CERTAIN AREAS AND ACTIVITIES

5 FROM STORMWATER REGULATION.

6 Section 402(p) of the Federal Water Pollution Con7 trol Act (33 U.S.C. 1342(p)) is amended by adding at the

8 end the following:

9 ‘‘(7) EXCLUSIONS.—

10 ‘‘(A) VEGETATED ROAD DITCHES.—For

11 stormwater discharges identified under para12 graph (5), the Administrator shall not require

13 any local governmental entity (including a mu14 nicipality, county, city, or borough), to apply for

15 and obtain a permit for any stormwater dis16 charge associated with an above-ground vege17 tated drainage ditch or a drainage way owned

18 or operated in connection with a road or street

19 under the jurisdiction of the local governmental

20 entity.

21 ‘‘(B) CONSTRUCTION ACTIVITIES AND ROU22 TINE ROAD MAINTENANCE.—A discharge regu23 lated under subparagraph (B) or (E) of para24 graph (2), and any stormwater discharge identi25 fied under paragraph (5), shall not include—
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1 ‘‘(i) a stormwater discharge associated

2 with a construction activity (including

3 grading, clearing, and excavation) that dis4 turbs not more than 5 acres of land; or

5 ‘‘(ii) a routine maintenance activity

6 associated with a road, street, vegetated

7 road ditch, or vegetated drainage way.

8 ‘‘(C) PROHIBITION OF REQUIREMENTS EX9 CEEDING STATE LAW AUTHORITY.—Nothing in

10 this subsection requires a local governmental

11 entity to exceed the authority granted to the

12 local governmental entity under State law to

13 implement a regulatory requirement.’’.

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