H. R. 7279 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

To amend the Federal Water Pollution Control Act to provide for an integrated 

planning process, to promote green infrastructure, 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 ‘‘Water Infrastructure Improvement Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) MUNICIPALITY.—The term ‘‘municipality’’ has the 

meaning given that term in section 502 of the Federal Water 

Pollution Control Act (33 U.S.C. 1362). 

SEC. 3. INTEGRATED PLANS. 

(a) INTEGRATED PLANS.—Section 402 of the Federal Water 

Pollution Control Act (33 U.S.C. 1342) is amended by adding at 

the end the following: 

‘‘(s) INTEGRATED PLANS.— 

‘‘(1) DEFINITION OF INTEGRATED PLAN.—In this subsection, 

the term ‘integrated plan’ means a plan developed in accordance 

with the Integrated Municipal Stormwater and Wastewater 

Planning Approach Framework, issued by the Environmental 

Protection Agency and dated June 5, 2012. 

‘‘(2) IN GENERAL.—The Administrator (or a State, in the 

case of a permit program approved by the Administrator) shall 

inform municipalities of the opportunity to develop an 

integrated plan that may be incorporated into a permit under 

this section. 

‘‘(3) SCOPE.— ‘‘(A) SCOPE OF PERMIT INCORPORATING INTEGRATED

PLAN.—A permit issued under this section that incorporates 

an integrated plan may integrate all requirements under 

this Act addressed in the integrated plan, including requirements relating to— 

‘‘(i) a combined sewer overflow; 

‘‘(ii) a capacity, management, operation, and 

maintenance program for sanitary sewer collection systems; 

‘‘(iii) a municipal stormwater discharge; 

‘‘(iv) a municipal wastewater discharge; and 
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‘‘(v) a water quality-based effluent limitation to 

implement an applicable wasteload allocation in a total 

maximum daily load. 

‘‘(B) INCLUSIONS IN INTEGRATED PLAN.—An integrated 

plan incorporated into a permit issued under this section 

may include the implementation of— 

‘‘(i) projects, including innovative projects, to 

reclaim, recycle, or reuse water; and 

‘‘(ii) green infrastructure. 

‘‘(4) COMPLIANCE SCHEDULES.— 

‘‘(A) IN GENERAL.—A permit issued under this section 

that incorporates an integrated plan may include a 

schedule of compliance, under which actions taken to meet 

any applicable water quality-based effluent limitation may 

be implemented over more than 1 permit term if the 

schedule of compliance— 

‘‘(i) is authorized by State water quality standards; 

and 

‘‘(ii) meets the requirements of section 122.47 of 

title 40, Code of Federal Regulations (as in effect on 

the date of enactment of this subsection). 

‘‘(B) TIME FOR COMPLIANCE.—For purposes of subparagraph (A)(ii), the requirement of section 122.47 of title 

40, Code of Federal Regulations, for compliance by an 

applicable statutory deadline under this Act does not prohibit implementation of an applicable water quality-based 

effluent limitation over more than 1 permit term. 

‘‘(C) REVIEW.—A schedule of compliance incorporated 

into a permit issued under this section may be reviewed 

at the time the permit is renewed to determine whether 

the schedule should be modified. 

‘‘(5) EXISTING AUTHORITIES RETAINED.— 

‘‘(A) APPLICABLE STANDARDS.—Nothing in this subsection modifies any obligation to comply with applicable 

technology and water quality-based effluent limitations 

under this Act. 

‘‘(B) FLEXIBILITY.—Nothing in this subsection reduces 

or eliminates any flexibility available under this Act, 

including the authority of a State to revise a water quality 

standard after a use attainability analysis under section 

131.10(g) of title 40, Code of Federal Regulations (or a 

successor regulation), subject to the approval of the 

Administrator under section 303(c). 

‘‘(6) CLARIFICATION OF STATE AUTHORITY.— 

‘‘(A) IN GENERAL.—Nothing in section 301(b)(1)(C) precludes a State from authorizing in the water quality standards of the State the issuance of a schedule of compliance 

to meet water quality-based effluent limitations in permits 

that incorporate provisions of an integrated plan. 

‘‘(B) TRANSITION RULE.—In any case in which a discharge is subject to a judicial order or consent decree, 

as of the date of enactment of this subsection, resolving 

an enforcement action under this Act, any schedule of 

compliance issued pursuant to an authorization in a State 

water quality standard may not revise a schedule of compliance in that order or decree to be less stringent, unless 
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the order or decree is modified by agreement of the parties 

and the court.’’. 

(b) IMPLEMENTATION OF INTEGRATED PLANS THROUGH ENFORCEMENT TOOLS.—Section 309 of the Federal Water Pollution Control 

Act (33 U.S.C. 1319) is amended by adding at the end the following: 

‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS.— 

‘‘(1) IN GENERAL.—In conjunction with an enforcement 

action under subsection (a) or (b) relating to municipal discharges, the Administrator shall inform a municipality of the 

opportunity to develop an integrated plan, as defined in section 

402(s). 

‘‘(2) MODIFICATION.—Any municipality under an administrative order under subsection (a) or settlement agreement 

(including a judicial consent decree) under subsection (b) that 

has developed an integrated plan consistent with section 402(s) 

may request a modification of the administrative order or settlement agreement based on that integrated plan.’’. 

(c) REPORT TO CONGRESS.—Not later than 2 years after the 

date of enactment of this Act, the Administrator shall submit to 

the Committee on Environment and Public Works of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives, and make publicly available, a report 

on each integrated plan developed and implemented through a 

permit, order, or judicial consent decree pursuant to the Federal 

Water Pollution Control Act since the date of publication of the 

‘‘Integrated Municipal Stormwater and Wastewater Planning 

Approach Framework’’ issued by the Environmental Protection 

Agency and dated June 5, 2012, including a description of the 

control measures, levels of control, estimated costs, and compliance 

schedules for the requirements implemented through such an 

integrated plan. 

SEC. 4. MUNICIPAL OMBUDSMAN. 

(a) ESTABLISHMENT.—There is established within the Office 

of the Administrator an Office of the Municipal Ombudsman, to 

be headed by a Municipal Ombudsman. 

(b) GENERAL DUTIES.—The duties of the Municipal Ombudsman 

shall include the provision of— 

(1) technical assistance to municipalities seeking to comply 

with the Federal Water Pollution Control Act; and 

(2) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices 

of the Environmental Protection Agency, including regional 

offices. 

(c) ACTIONS REQUIRED.—The Municipal Ombudsman shall work 

with appropriate offices at the headquarters and regional offices 

of the Environmental Protection Agency to ensure that a municipality seeking assistance is provided information regarding— 

(1) available Federal financial assistance for which the 

municipality is eligible; 

(2) flexibility available under the Federal Water Pollution 

Control Act; and 

(3) the opportunity to develop an integrated plan under 

section 402(s) of the Federal Water Pollution Control Act. 

(d) INFORMATION SHARING.—The Municipal Ombudsman shall 

publish on the website of the Environmental Protection Agency— 

(1) general information relating to— 
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(A) the technical assistance referred to in subsection 

(b)(1); 

(B) the financial assistance referred to in subsection 

(c)(1); 

(C) the flexibility referred to in subsection (c)(2); and 

(D) any resources developed by the Administrator 

related to integrated plans under section 402(s) of the 

Federal Water Pollution Control Act; and 

(2) a copy of each permit, order, or judicial consent decree 

that implements or incorporates such an integrated plan. 

SEC. 5. GREEN INFRASTRUCTURE. 

(a) DEFINITION.—Section 502 of the Federal Water Pollution 

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

the following: 

‘‘(27) GREEN INFRASTRUCTURE.—The term ‘green infrastructure’ means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, 

infiltrate, or evapotranspirate stormwater and reduce flows 

to sewer systems or to surface waters.’’. 

(b) GREEN INFRASTRUCTURE PROMOTION.—Title V of the Federal 

Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended— 

(1) by redesignating section 519 as section 520; and 

(2) by inserting after section 518 the following: 

‘‘SEC. 519. GREEN INFRASTRUCTURE PROMOTION. 

‘‘(a) IN GENERAL.—The Administrator shall promote the use 

of green infrastructure in, and coordinate the integration of green 

infrastructure into, permitting and enforcement under this Act, 

planning efforts, research, technical assistance, and funding guidance of the Environmental Protection Agency. 

‘‘(b) COORDINATION OF EFFORTS.—The Administrator shall 

ensure that the Office of Water coordinates efforts to increase 

the use of green infrastructure with— 

‘‘(1) other Federal departments and agencies; 

‘‘(2) State, tribal, and local governments; and 

‘‘(3) the private sector. 

‘‘(c) REGIONAL GREEN INFRASTRUCTURE PROMOTION.—The 

Administrator shall direct each regional office of the Environmental 

Protection Agency, as appropriate based on local factors, and consistent with the requirements of this Act, to promote and integrate 

the use of green infrastructure within the region, including 

through— 

‘‘(1) outreach and training regarding green infrastructure 

implementation for State, tribal, and local governments, tribal 

communities, and the private sector; and 

‘‘(2) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance 

development, including the requirements under consent decrees 

and settlement agreements in enforcement actions. 

‘‘(d) GREEN INFRASTRUCTURE INFORMATION-SHARING.—The 

Administrator shall promote green infrastructure informationsharing, including through an internet website, to share information 

with, and provide technical assistance to, State, tribal, and local 

governments, tribal communities, the private sector, and the public, 

regarding green infrastructure approaches for— 

‘‘(1) reducing water pollution; 
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‘‘(2) protecting water resources; 

‘‘(3) complying with regulatory requirements; and 

‘‘(4) achieving other environmental, public health, and 

community goals.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.