I 

115TH CONGRESS 

2D SESSION H. R. 7279 

To amend the Federal Water Pollution Control Act to provide for an integrated planning process, to promote green infrastructure, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2018 

Mr. GIBBS (for himself, Mrs. NAPOLITANO, Mr. LATTA, Ms. FUDGE, Mr. 

CHABOT, and Mrs. BUSTOS) 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 for an integrated planning process, to promote green 

infrastructure, 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 ‘‘Water Infrastructure 

5 Improvement Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) MUNICIPALITY.—The term ‘‘municipality’’ 

5 has the meaning given that term in section 502 of 

6 the Federal Water Pollution Control Act (33 U.S.C. 

7 1362). 

8 SEC. 3. INTEGRATED PLANS. 

9 (a) INTEGRATED PLANS.—Section 402 of the Fed10 eral Water Pollution Control Act (33 U.S.C. 1342) is 

11 amended by adding at the end the following: 

12 ‘‘(s) INTEGRATED PLANS.— 

13 ‘‘(1) DEFINITION OF INTEGRATED PLAN.—In 

14 this subsection, the term ‘integrated plan’ means a 

15 plan developed in accordance with the Integrated 

16 Municipal Stormwater and Wastewater Planning 

17 Approach Framework, issued by the Environmental 

18 Protection Agency and dated June 5, 2012. 

19 ‘‘(2) IN GENERAL.—The Administrator (or a 

20 State, in the case of a permit program approved by 

21 the Administrator) shall inform municipalities of the 

22 opportunity to develop an integrated plan that may 

23 be incorporated into a permit under this section. 

24 ‘‘(3) SCOPE.— 


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1 ‘‘(A) SCOPE OF PERMIT INCORPORATING

2 INTEGRATED PLAN.—A permit issued under 

3 this section that incorporates an integrated plan 

4 may integrate all requirements under this Act 

5 addressed in the integrated plan, including re6 quirements relating to— 

7 ‘‘(i) a combined sewer overflow; 

8 ‘‘(ii) a capacity, management, oper9 ation, and maintenance program for sani10 tary sewer collection systems; 

11 ‘‘(iii) a municipal stormwater dis12 charge; 

13 ‘‘(iv) a municipal wastewater dis14 charge; and 

15 ‘‘(v) a water quality-based effluent 

16 limitation to implement an applicable 

17 wasteload allocation in a total maximum 

18 daily load. 

19 ‘‘(B) INCLUSIONS IN INTEGRATED PLAN.— 

20 An integrated plan incorporated into a permit 

21 issued under this section may include the imple22 mentation of— 

23 ‘‘(i) projects, including innovative 

24 projects, to reclaim, recycle, or reuse 

25 water; and 


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1 ‘‘(ii) green infrastructure. 

2 ‘‘(4) COMPLIANCE SCHEDULES.— 

3 ‘‘(A) IN GENERAL.—A permit issued under 

4 this section that incorporates an integrated plan 

5 may include a schedule of compliance, under 

6 which actions taken to meet any applicable 

7 water quality-based effluent limitation may be 

8 implemented over more than 1 permit term if 

9 the schedule of compliance— 

10 ‘‘(i) is authorized by State water qual11 ity standards; and 

12 ‘‘(ii) meets the requirements of sec13 tion 122.47 of title 40, Code of Federal 

14 Regulations (as in effect on the date of en15 actment of this subsection). 

16 ‘‘(B) TIME FOR COMPLIANCE.—For pur17 poses of subparagraph (A)(ii), the requirement 

18 of section 122.47 of title 40, Code of Federal 

19 Regulations, for compliance by an applicable 

20 statutory deadline under this Act does not pro21 hibit implementation of an applicable water 

22 quality-based effluent limitation over more than 

23 1 permit term. 

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

25 incorporated into a permit issued under this 


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1 section may be reviewed at the time the permit 

2 is renewed to determine whether the schedule 

3 should be modified. 

4 ‘‘(5) EXISTING AUTHORITIES RETAINED.— 

5 ‘‘(A) APPLICABLE STANDARDS.—Nothing 

6 in this subsection modifies any obligation to 

7 comply with applicable technology and water 

8 quality-based effluent limitations under this 

9 Act. 

10 ‘‘(B) FLEXIBILITY.—Nothing in this sub11 section reduces or eliminates any flexibility 

12 available under this Act, including the authority 

13 of a State to revise a water quality standard 

14 after a use attainability analysis under section 

15 131.10(g) of title 40, Code of Federal Regula16 tions (or a successor regulation), subject to the 

17 approval of the Administrator under section 

18 303(c). 

19 ‘‘(6) CLARIFICATION OF STATE AUTHORITY.— 

20 ‘‘(A) IN GENERAL.—Nothing in section 

21 301(b)(1)(C) precludes a State from author22 izing in the water quality standards of the 

23 State the issuance of a schedule of compliance 

24 to meet water quality-based effluent limitations 


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1 in permits that incorporate provisions of an in2 tegrated plan. 

3 ‘‘(B) TRANSITION RULE.—In any case in 

4 which a discharge is subject to a judicial order 

5 or consent decree, as of the date of enactment 

6 of this subsection, resolving an enforcement ac7 tion under this Act, any schedule of compliance 

8 issued pursuant to an authorization in a State 

9 water quality standard may not revise a sched10 ule of compliance in that order or decree to be 

11 less stringent, unless the order or decree is 

12 modified by agreement of the parties and the 

13 court.’’. 

14 (b) IMPLEMENTATION OF INTEGRATED PLANS

15 THROUGH ENFORCEMENT TOOLS.—Section 309 of the 

16 Federal Water Pollution Control Act (33 U.S.C. 1319) is 

17 amended by adding at the end the following: 

18 ‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS.— 

19 ‘‘(1) IN GENERAL.—In conjunction with an en20 forcement action under subsection (a) or (b) relating 

21 to municipal discharges, the Administrator shall in22 form a municipality of the opportunity to develop an 

23 integrated plan, as defined in section 402(s). 

24 ‘‘(2) MODIFICATION.—Any municipality under 

25 an administrative order under subsection (a) or setVerDate Sep 11 2014 03:24 Dec 15, 2018 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7279.IH H7279

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1 tlement agreement (including a judicial consent de2 cree) under subsection (b) that has developed an in3 tegrated plan consistent with section 402(s) may re4 quest a modification of the administrative order or 

5 settlement agreement based on that integrated 

6 plan.’’. 

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

8 after the date of enactment of this Act, the Administrator 

9 shall submit to the Committee on Environment and Public 

10 Works of the Senate and the Committee on Transpor11 tation and Infrastructure of the House of Representatives, 

12 and make publicly available, a report on each integrated 

13 plan developed and implemented through a permit, order, 

14 or judicial consent decree pursuant to the Federal Water 

15 Pollution Control Act since the date of publication of the 

16 ‘‘Integrated Municipal Stormwater and Wastewater Plan17 ning Approach Framework’’ issued by the Environmental 

18 Protection Agency and dated June 5, 2012, including a 

19 description of the control measures, levels of control, esti20 mated costs, and compliance schedules for the require21 ments implemented through such an integrated plan. 

22 SEC. 4. MUNICIPAL OMBUDSMAN. 

23 (a) ESTABLISHMENT.—There is established within 

24 the Office of the Administrator an Office of the Municipal 

25 Ombudsman, to be headed by a Municipal Ombudsman. 


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

2 Ombudsman shall include the provision of— 

3 (1) technical assistance to municipalities seek4 ing to comply with the Federal Water Pollution Con5 trol Act; and 

6 (2) information to the Administrator to help the 

7 Administrator ensure that agency policies are imple8 mented by all offices of the Environmental Protec9 tion Agency, including regional offices. 

10 (c) ACTIONS REQUIRED.—The Municipal Ombuds11 man shall work with appropriate offices at the head12 quarters and regional offices of the Environmental Protec13 tion Agency to ensure that a municipality seeking assist14 ance is provided information regarding— 

15 (1) available Federal financial assistance for 

16 which the municipality is eligible; 

17 (2) flexibility available under the Federal Water 

18 Pollution Control Act; and 

19 (3) the opportunity to develop an integrated 

20 plan under section 402(s) of the Federal Water Pol21 lution Control Act. 

22 (d) INFORMATION SHARING.—The Municipal Om23 budsman shall publish on the website of the Environ24 mental Protection Agency— 

25 (1) general information relating to— 


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1 (A) the technical assistance referred to in 

2 subsection (b)(1); 

3 (B) the financial assistance referred to in 

4 subsection (c)(1); 

5 (C) the flexibility referred to in subsection 

6 (c)(2); and 

7 (D) any resources developed by the Admin8 istrator related to integrated plans under sec9 tion 402(s) of the Federal Water Pollution Con10 trol Act; and 

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

12 consent decree that implements or incorporates such 

13 an integrated plan. 

14 SEC. 5. GREEN INFRASTRUCTURE. 

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

16 Pollution Control Act (33 U.S.C. 1362) is amended by 

17 adding at the end the following: 

18 ‘‘(27) GREEN INFRASTRUCTURE.—The term 

19 ‘green infrastructure’ means the range of measures 

20 that use plant or soil systems, permeable pavement 

21 or other permeable surfaces or substrates, 

22 stormwater harvest and reuse, or landscaping to 

23 store, infiltrate, or evapotranspirate stormwater and 

24 reduce flows to sewer systems or to surface waters.’’. 


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1 (b) GREEN INFRASTRUCTURE PROMOTION.—Title V 

2 of the Federal Water Pollution Control Act (33 U.S.C. 

3 1361 et seq.) is amended— 

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

5 and 

6 (2) by inserting after section 518 the following: 

7 ‘‘SEC. 519. GREEN INFRASTRUCTURE PROMOTION. 

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

9 the use of green infrastructure in, and coordinate the inte10 gration of green infrastructure into, permitting and en11 forcement under this Act, planning efforts, research, tech12 nical assistance, and funding guidance of the Environ13 mental Protection Agency. 

14 ‘‘(b) COORDINATION OF EFFORTS.—The Adminis15 trator shall ensure that the Office of Water coordinates 

16 efforts to increase the use of green infrastructure with— 

17 ‘‘(1) other Federal departments and agencies; 

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

19 ‘‘(3) the private sector. 

20 ‘‘(c) REGIONAL GREEN INFRASTRUCTURE PRO21 MOTION.—The Administrator shall direct each regional of22 fice of the Environmental Protection Agency, as appro23 priate based on local factors, and consistent with the re24 quirements of this Act, to promote and integrate the use 


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1 of green infrastructure within the region, including 

2 through— 

3 ‘‘(1) outreach and training regarding green in4 frastructure implementation for State, tribal, and 

5 local governments, tribal communities, and the pri6 vate sector; and 

7 ‘‘(2) the incorporation of green infrastructure 

8 into permitting and other regulatory programs, 

9 codes, and ordinance development, including the re10 quirements under consent decrees and settlement 

11 agreements in enforcement actions. 

12 ‘‘(d) GREEN INFRASTRUCTURE INFORMATION-SHAR13 ING.—The Administrator shall promote green infrastruc14 ture information-sharing, including through an internet 

15 website, to share information with, and provide technical 

16 assistance to, State, tribal, and local governments, tribal 

17 communities, the private sector, and the public, regarding 

18 green infrastructure approaches for— 

19 ‘‘(1) reducing water pollution; 

20 ‘‘(2) protecting water resources; 

21 ‘‘(3) complying with regulatory requirements; 

22 and 

23 ‘‘(4) achieving other environmental, public 

24 health, and community goals.’’. 

Æ 


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