remediation plan. The plan shall include
measures to manage peak flow (such as re-
moval of sources of peak flows, improved
conveyance and treatment plant capacity,
management of future system deteriora-
tion, or additional storage) if the munici-
pality demonstrates to the permitting au-
thority that additional peak flow reduction
measures are not feasible on the basis of
the technical limitations of control tech-
niques, financial capability of the munici-
pality, or cost effectiveness of the meas-
ures. The plan shall demonstrate that wet
weather discharges will not interfere with
the attainment or maintenance of the
water quality based requirements of this
Act and that future system deterioration
will be adequately addressed. The plan
shall provide the public with an oppor-
tunity to review alternatives before a deci-
sion is made.
‘‘(D) JURISDICTIONAL ISSUES.—If a col-
lection system is connected to a publicly-owned
treatment works and the collection system and
treatment works are not operated by the same
municipal entity, a description of acceptable
mechanisms (other than permits under this sec-
tion), that assign responsibilities for proper op-
eration and maintenance of the collection sys-
tem, shall be developed by the Administrator.
Such mechanisms may include interagency or
intrajurisdictional agreements, permits, local or-
dinances, or similar enforceable instruments.
Such an approved operation and maintenance
instrument shall be obtained by the collection
system within a specified time. If such instru-
ment has not been obtained after sufficient time
has elapsed, the Administrator may issue a sep-
arate permit to the collection system under this
section. In addition, the treatment works may,
at any time, petition the Administrator for 2
separate permits, one for discharges from the
treatment works and one for discharges from
the collection system.
‘‘(3) 
COMPLIANCE
DEADLINE.—Notwith-
standing any compliance schedule under section
301(b), or any permit limitation under subsection
(b)(1)(B), the Administrator or a State with a pro-
gram approved under subsection (b) may issue a
permit pursuant to this section for a discharge from
a municipal separate sanitary sewer due to
stormwater inflows or infiltration. The permit shall
include, at a minimum, a schedule for compliance
with a system-specific control plan under the regula-
tions issued under paragraph (1), for a term not to
exceed 15 years; except that the Administrator or
the State (as the case may be) may grant a compli-
ance schedule of longer than 15 years if compliance
within 15 years is not within the economic capability
of the owner or operator.
‘‘(4) UNAVOIDABLE OVERFLOWS DEFINED.—In
this section, the term ‘unavoidable overflows’
means—
‘‘(A) discharges that are necessary to pre-
vent loss of life, personal injury, or severe prop-
erty damage; and
‘‘(B) discharges that are temporary, excep-
tional incidents beyond the reasonable control
of the operator, such as exceptional acts of na-
ture, wet weather conditions beyond a system-
specific control plan in an approved facility plan
or other remediation plan that is currently ap-
proved by the Administrator, third party ac-
tions that could not be reasonably prevented,
blockages that could not be avoided through
reasonable measures, and unforeseen sudden
structural, mechanical, or electrical failure that
is beyond the control of the permittee.’’.
SEC. 5. MUNICIPAL STORMWATER DISCHARGES.
Section 402(p) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342(p)) is amended by adding at the
end the following:
‘‘(7) SPECIAL RULES.—
‘‘(A) MAXIMUM EXTENT PRACTICABLE DE-
FINED.—For 
the 
purposes 
of 
paragraph
(3)(B)(iii), the term ‘maximum extent prac-
ticable’ means the greatest degree of pollutant
reduction achievable through the application of
the best available, technically feasible, cost ef-
fective, and economically achievable storm water
control practices, technologies, processes, siting
criteria, operating methods, or other alter-
natives that do not require the construction of
treatment works. This definition applies to any
discharges covered under paragraphs (2)(C),
(2)(D), and (2)(E) of this subsection or as a re-
sult of a regulation issued under paragraph (6).
‘‘(B) COMPLIANCE
WITH
CERTAIN
RE-
QUIREMENTS.—Implementation of stormwater
best management practices shall be the basis on
which to determine compliance with the water
quality and technology based requirements of
this Act. If continuing water quality impair-
ments directly associated with municipal wet
weather discharges continue to occur after the
implementation of best management practices,
adjustments to the plans and practices may be
required to further reduce the impacts of these
discharges. Neither the Administrator nor the
State, in the case of a State with authority to
issue permits under this section, may require,
in a permit issued for discharges from munic-
ipal separate storm sewers, compliance with nu-
meric effluent limitations, or fixed numeric pol-
lutant load reductions.’’.
SEC. 6. URBAN WET WEATHER GRANT PROGRAM.
The Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) is amended by adding at the end the fol-
lowing new title:
‘‘TITLE VII—URBAN WET
WEATHER GRANT PROGRAMS
‘‘SEC. 701. URBAN WET WEATHER WATERSHED DEM-
ONSTRATION PROJECTS.
‘‘(a) IN GENERAL.—The Administrator shall conduct
municipal demonstration projects relating to the following
areas of wet weather discharge control:
‘‘(1) 
WATERSHED
MANAGEMENT
OF
WET
WEATHER DISCHARGES.—The management of urban
wet weather flows, such as combined sewer over-
flows, 
sanitary 
sewer 
overflows, 
and 
urban
stormwater runoff, on a watershed or subwatershed
basis.
‘‘(2) STORMWATER BEST MANAGEMENT PRAC-
TICES.—The control of pollutants from separate
storm sewer systems for the purpose of dem-
onstrating and determining controls that are cost-ef-
fective in reducing such pollutants from urban
stormwater runoff.
‘‘(b) ADMINISTRATION.—The Administrator shall af-
ford those participating municipalities the maximum flexi-
bility possible to engage in innovative practices, including
the ability to unify separate wet weather control efforts
under one coordinated approach. Projects should utilize a