II 

115TH CONGRESS 

2D SESSION H. R. 7279 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2018 

Received 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Water Infrastructure 

3 Improvement Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

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

10 has the meaning given that term in section 502 of 

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

12 1362). 

13 SEC. 3. INTEGRATED PLANS. 

14 (a) INTEGRATED PLANS.—Section 402 of the Fed15 eral Water Pollution Control Act (33 U.S.C. 1342) is 

16 amended by adding at the end the following: 

17 ‘‘(s) INTEGRATED PLANS.— 

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

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

20 plan developed in accordance with the Integrated 

21 Municipal Stormwater and Wastewater Planning 

22 Approach Framework, issued by the Environmental 

23 Protection Agency and dated June 5, 2012. 

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

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

26 the Administrator) shall inform municipalities of the 


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1 opportunity to develop an integrated plan that may 

2 be incorporated into a permit under this section. 

3 ‘‘(3) SCOPE.— 

4 ‘‘(A) SCOPE OF PERMIT INCORPORATING

5 INTEGRATED PLAN.—A permit issued under 

6 this section that incorporates an integrated plan 

7 may integrate all requirements under this Act 

8 addressed in the integrated plan, including re9 quirements relating to— 

10 ‘‘(i) a combined sewer overflow; 

11 ‘‘(ii) a capacity, management, oper12 ation, and maintenance program for sani13 tary sewer collection systems; 

14 ‘‘(iii) a municipal stormwater dis15 charge; 

16 ‘‘(iv) a municipal wastewater dis17 charge; and 

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

19 limitation to implement an applicable 

20 wasteload allocation in a total maximum 

21 daily load. 

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

23 An integrated plan incorporated into a permit 

24 issued under this section may include the imple25 mentation of— 


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1 ‘‘(i) projects, including innovative 

2 projects, to reclaim, recycle, or reuse 

3 water; and 

4 ‘‘(ii) green infrastructure. 

5 ‘‘(4) COMPLIANCE SCHEDULES.— 

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

7 this section that incorporates an integrated plan 

8 may include a schedule of compliance, under 

9 which actions taken to meet any applicable 

10 water quality-based effluent limitation may be 

11 implemented over more than 1 permit term if 

12 the schedule of compliance— 

13 ‘‘(i) is authorized by State water qual14 ity standards; and 

15 ‘‘(ii) meets the requirements of sec16 tion 122.47 of title 40, Code of Federal 

17 Regulations (as in effect on the date of en18 actment of this subsection). 

19 ‘‘(B) TIME FOR COMPLIANCE.—For pur20 poses of subparagraph (A)(ii), the requirement 

21 of section 122.47 of title 40, Code of Federal 

22 Regulations, for compliance by an applicable 

23 statutory deadline under this Act does not pro24 hibit implementation of an applicable water 


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1 quality-based effluent limitation over more than 

2 1 permit term. 

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

4 incorporated into a permit issued under this 

5 section may be reviewed at the time the permit 

6 is renewed to determine whether the schedule 

7 should be modified. 

8 ‘‘(5) EXISTING AUTHORITIES RETAINED.— 

9 ‘‘(A) APPLICABLE STANDARDS.—Nothing 

10 in this subsection modifies any obligation to 

11 comply with applicable technology and water 

12 quality-based effluent limitations under this 

13 Act. 

14 ‘‘(B) FLEXIBILITY.—Nothing in this sub15 section reduces or eliminates any flexibility 

16 available under this Act, including the authority 

17 of a State to revise a water quality standard 

18 after a use attainability analysis under section 

19 131.10(g) of title 40, Code of Federal Regula20 tions (or a successor regulation), subject to the 

21 approval of the Administrator under section 

22 303(c). 

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

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

25 301(b)(1)(C) precludes a State from authorVerDate Sep 11 2014 20:22 Dec 22, 2018 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7279.RDS H7279

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1 izing in the water quality standards of the 

2 State the issuance of a schedule of compliance 

3 to meet water quality-based effluent limitations 

4 in permits that incorporate provisions of an in5 tegrated plan. 

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

7 which a discharge is subject to a judicial order 

8 or consent decree, as of the date of enactment 

9 of this subsection, resolving an enforcement ac10 tion under this Act, any schedule of compliance 

11 issued pursuant to an authorization in a State 

12 water quality standard may not revise a sched13 ule of compliance in that order or decree to be 

14 less stringent, unless the order or decree is 

15 modified by agreement of the parties and the 

16 court.’’. 

17 (b) IMPLEMENTATION OF INTEGRATED PLANS

18 THROUGH ENFORCEMENT TOOLS.—Section 309 of the 

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

20 amended by adding at the end the following: 

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

22 ‘‘(1) IN GENERAL.—In conjunction with an en23 forcement action under subsection (a) or (b) relating 

24 to municipal discharges, the Administrator shall inVerDate Sep 11 2014 20:22 Dec 22, 2018 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7279.RDS H7279

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1 form a municipality of the opportunity to develop an 

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

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

4 an administrative order under subsection (a) or set5 tlement agreement (including a judicial consent de6 cree) under subsection (b) that has developed an in7 tegrated plan consistent with section 402(s) may re8 quest a modification of the administrative order or 

9 settlement agreement based on that integrated 

10 plan.’’. 

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

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

13 shall submit to the Committee on Environment and Public 

14 Works of the Senate and the Committee on Transpor15 tation and Infrastructure of the House of Representatives, 

16 and make publicly available, a report on each integrated 

17 plan developed and implemented through a permit, order, 

18 or judicial consent decree pursuant to the Federal Water 

19 Pollution Control Act since the date of publication of the 

20 ‘‘Integrated Municipal Stormwater and Wastewater Plan21 ning Approach Framework’’ issued by the Environmental 

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

23 description of the control measures, levels of control, esti24 mated costs, and compliance schedules for the require25 ments implemented through such an integrated plan. 


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1 SEC. 4. MUNICIPAL OMBUDSMAN. 

2 (a) ESTABLISHMENT.—There is established within 

3 the Office of the Administrator an Office of the Municipal 

4 Ombudsman, to be headed by a Municipal Ombudsman. 

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

6 Ombudsman shall include the provision of— 

7 (1) technical assistance to municipalities seek8 ing to comply with the Federal Water Pollution Con9 trol Act; and 

10 (2) information to the Administrator to help the 

11 Administrator ensure that agency policies are imple12 mented by all offices of the Environmental Protec13 tion Agency, including regional offices. 

14 (c) ACTIONS REQUIRED.—The Municipal Ombuds15 man shall work with appropriate offices at the head16 quarters and regional offices of the Environmental Protec17 tion Agency to ensure that a municipality seeking assist18 ance is provided information regarding— 

19 (1) available Federal financial assistance for 

20 which the municipality is eligible; 

21 (2) flexibility available under the Federal Water 

22 Pollution Control Act; and 

23 (3) the opportunity to develop an integrated 

24 plan under section 402(s) of the Federal Water Pol25 lution Control Act. 


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1 (d) INFORMATION SHARING.—The Municipal Om2 budsman shall publish on the website of the Environ3 mental Protection Agency— 

4 (1) general information relating to— 

5 (A) the technical assistance referred to in 

6 subsection (b)(1); 

7 (B) the financial assistance referred to in 

8 subsection (c)(1); 

9 (C) the flexibility referred to in subsection 

10 (c)(2); and 

11 (D) any resources developed by the Admin12 istrator related to integrated plans under sec13 tion 402(s) of the Federal Water Pollution Con14 trol Act; and 

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

16 consent decree that implements or incorporates such 

17 an integrated plan. 

18 SEC. 5. GREEN INFRASTRUCTURE. 

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

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

21 adding at the end the following: 

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

23 ‘green infrastructure’ means the range of measures 

24 that use plant or soil systems, permeable pavement 

25 or other permeable surfaces or substrates, 


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1 stormwater harvest and reuse, or landscaping to 

2 store, infiltrate, or evapotranspirate stormwater and 

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

4 (b) GREEN INFRASTRUCTURE PROMOTION.—Title V 

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

6 1361 et seq.) is amended— 

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

8 and 

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

10 ‘‘SEC. 519. GREEN INFRASTRUCTURE PROMOTION. 

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

12 the use of green infrastructure in, and coordinate the inte13 gration of green infrastructure into, permitting and en14 forcement under this Act, planning efforts, research, tech15 nical assistance, and funding guidance of the Environ16 mental Protection Agency. 

17 ‘‘(b) COORDINATION OF EFFORTS.—The Adminis18 trator shall ensure that the Office of Water coordinates 

19 efforts to increase the use of green infrastructure with— 

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

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

22 ‘‘(3) the private sector. 

23 ‘‘(c) REGIONAL GREEN INFRASTRUCTURE PRO24 MOTION.—The Administrator shall direct each regional of25 fice of the Environmental Protection Agency, as approVerDate Sep 11 2014 20:22 Dec 22, 2018 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7279.RDS H7279

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1 priate based on local factors, and consistent with the re2 quirements of this Act, to promote and integrate the use 

3 of green infrastructure within the region, including 

4 through— 

5 ‘‘(1) outreach and training regarding green in6 frastructure implementation for State, tribal, and 

7 local governments, tribal communities, and the pri8 vate sector; and 

9 ‘‘(2) the incorporation of green infrastructure 

10 into permitting and other regulatory programs, 

11 codes, and ordinance development, including the re12 quirements under consent decrees and settlement 

13 agreements in enforcement actions. 

14 ‘‘(d) GREEN INFRASTRUCTURE INFORMATION-SHAR15 ING.—The Administrator shall promote green infrastruc16 ture information-sharing, including through an internet 

17 website, to share information with, and provide technical 

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

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

20 green infrastructure approaches for— 

21 ‘‘(1) reducing water pollution; 

22 ‘‘(2) protecting water resources; 

23 ‘‘(3) complying with regulatory requirements; 

24 and 


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1 ‘‘(4) achieving other environmental, public 

2 health, and community goals.’’. 

Passed the House of Representatives December 19, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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