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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3602 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3602

   To amend title 23, United States Code, to direct the Secretary to 
    establish a comprehensive program to control and treat polluted 
  stormwater runoff from federally funded highways and roads, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2010

  Mr. Cardin introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
   To amend title 23, United States Code, to direct the Secretary to 
    establish a comprehensive program to control and treat polluted 
  stormwater runoff from federally funded highways and roads, 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 ``Safe Treatment of Polluted 
Stormwater Runoff Act'' or the ``STOPS Runoff Act''.

SEC. 2. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 330. Federal-aid highway runoff pollution management program
    ``(a) Establishment.--The Secretary shall establish a Federal-aid 
highway runoff pollution management program to ensure that covered 
projects are constructed in accordance with minimum standards designed 
to protect surface and ground water quality.
    ``(b) Project Approval.--The Secretary may approve a covered 
project of a State under section 106 only if the State provides 
assurances satisfactory to the Secretary that the State will construct 
the project in accordance with the minimum standards described in 
subsection (c).
    ``(c) Minimum Standards.--The following minimum standards shall 
apply to the construction of covered projects to maintain or restore, 
to the maximum extent technically feasible, the predevelopment 
hydrology of the project site with regard to the temperature, rate, 
chemical composition, volume and duration of flow:
            ``(1) Avoid and minimize alteration of natural features and 
        hydrology and maximize use of pollution source control measures 
        that utilize existing terrain and natural features and reduce 
        chemical introduction to reduce creation of pollution on the 
        project site.
            ``(2) Maximize capture of highway runoff pollution on the 
        project site through pretreatment and treatment, including 
        environmental site design techniques and other control measures 
        that promote evapotransporation and infiltration.
            ``(3) Prevent any remaining highway runoff pollution not 
        addressed under paragraphs (1) and (2) to the maximum extent 
        practicable by implementing one or more of the following 
        control measures selected through a watershed-based 
        environmental management or equivalent approach:
                    ``(A) Pretreatment and treatment of runoff with 
                appropriate control measures on the project site.
                    ``(B) Discharge of highway runoff pollution 
                directly to an off-site control measure under the 
                control of the State with documented capacity to 
                provide functionally and quantitatively equivalent 
                management of runoff pollution to that required to 
                achieve the minimum standards of this subsection for 
                the design life of the project.
                    ``(C) If the control measures in subparagraphs (A) 
                and (B) are found impracticable based on site 
                conditions or other appropriate factors, and an 
                appropriate off-site runoff pollution mitigation 
                program is in place, contribution to a mitigation 
                program that will produce functionally and 
                quantitatively equivalent management of runoff 
                pollution to that required to achieve the minimum 
                standards. Under this subparagraph, priority shall be 
                given to off-site control measures that address the 
                impacts of runoff pollution to waterways that are 
                listed as impaired in the same or adjacent 8-digit 
                Hydrologic Unit Code as the project site.
    ``(d) Guidance.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary, with the 
        concurrence of the Administrator of the Environmental 
        Protection Agency, shall publish guidance to assist States in 
        complying with the requirements of this section.
            ``(2) Contents of guidance.--The guidance shall include 
        guidelines for the establishment of State processes and 
        programs that will be used to assist in managing highway runoff 
        pollution from covered projects in accordance with the minimum 
        standards described in subsection (c), including--
                    ``(A) guidance to help States integrate the 
                planning, selection, design, and long-term operation 
                and maintenance of control measures consistent with the 
                minimum standards in the overall project planning 
                process;
                    ``(B) creation of a watershed-based environmental 
                management approach to assist projects in achieving 
                consistency with the minimum standards;
                    ``(C) guidelines for the development and 
                utilization of off-site runoff pollution mitigation 
                programs to achieve compliance with the minimum 
                standards; and
                    ``(D) provisions for State inspection, monitoring, 
                and reporting to document State compliance and project 
                consistency with this section.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to affect the applicability of any provision 
of Federal, State, or local law that is more stringent than the 
requirements of this section.
    ``(f) Reporting.--The Secretary shall require each State to report 
annually to the Secretary on the highway runoff pollution reductions 
achieved for covered projects carried out by the State after the date 
of enactment of this section.
    ``(g) Definitions.--In this section, the following definitions 
apply:
            ``(1) Control measure.--The term `control measure' means a 
        program, structural or nonstructural management practice, 
        operational procedure, or policy on or off the project site 
        that is intended to control, reduce, or prevent highway runoff 
        pollution.
            ``(2) Covered project.--The term `covered project' means a 
        project carried out under this title for--
                    ``(A) construction of a new highway or associated 
                facility;
                    ``(B) construction of a Federal-aid highway runoff 
                control measure retrofit; or
                    ``(C) construction of a significant Federal-aid 
                highway improvement.
            ``(3) Federal-aid highway runoff control measure 
        retrofit.--The term `Federal-aid highway runoff control measure 
        retrofit' means the installation or modification of a control 
        measure for highway runoff pollution serving a Federal-aid 
        highway or associated facility originally constructed before 
        the date of enactment of this section.
            ``(4) Highway runoff pollution.--The term `highway runoff 
        pollution' means in relation to a Federal-aid highway, 
        associated facility, or control measure retrofit projects one 
        or more of the following--
                    ``(A) a discharge of sediment, metals, bacteria, 
                chemicals, nutrients, or oil and grease in runoff; or
                    ``(B) a discharge of peak flow rate, water 
                temperature, and volume of runoff that exceeds 
                predevelopment amounts generated from a Federal-aid 
                highway, associated facility, or control measure 
                retrofit project that violates the water quality 
                standards of the receiving water set by the Federal 
                Water Pollution Control Act (33 U.S.C. 125 et seq.) and 
                related State programs.
            ``(5) Significant federal-aid highway improvement.--The 
        term `significant Federal-aid highway improvement' means the 
        rehabilitation, reconstruction, reconfiguration, renovation, or 
        major resurfacing of an existing Federal-aid highway or 
        associated facility that disturbs 5 or more acres of land.
            ``(6) Watershed-based environmental management approach.--
        The term `watershed-based environmental management approach' 
        means an approach under which--
                    ``(A) the selection of solutions that prevent or 
                minimize the environmental impact of an individual 
                project is made within the broader context of the 
                environmental protection and restoration goals of any 
                watershed that drains the project site, rather than 
                selecting solutions solely based on site level 
                considerations; and
                    ``(B) priority consideration is given to--
                            ``(i) protection of drinking water 
                        supplies;
                            ``(ii) protection and restoration of 
                        waterways listed by a State as impaired in 
                        accordance with section 303(d) of the Federal 
                        Water Pollution Control Act (33 U.S.C. 
                        1313(d));
                            ``(iii) preservation of aquatic ecosystems 
                        and fisheries; and
                            ``(iv) cost-effective expenditure of 
                        Federal funds.''.
    (b) Effective Date.--The provisions of this legislation will be 
effective and applicable to construction of Federal-Aid Highway 
projects as defined in subsection (g)(2) 1 year after enactment.
    (c) Clerical Amendment.--The analysis for chapter 3 is amended by 
adding at the end the following:

``330. Federal-aid highway runoff pollution management program.''.
                                 <all>
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