191
the other State and shall not grant the ex-
tension unless the other State approves the
extension or does not disapprove the exten-
sion within 90 days of receiving such writ-
ten notice.
‘‘(3) SAVINGS CLAUSE.—Any consent decree or
court order entered by a United States district court,
or administrative order issued by the Administrator,
before the date of the enactment of this subsection es-
tablishing any deadlines, schedules, or timetables, in-
cluding any interim deadlines, schedules, or time-
tables, for the evaluation, design, or construction of
treatment works for control or elimination of any dis-
charge from a municipal combined storm and sani-
tary sewer system shall be modified upon motion or
request by any party to such consent decree or court
order, to extend to December 31, 2009, at a mini-
mum, any such deadlines, schedules, or timetables, in-
cluding any interim deadlines, schedules, or time-
tables as is necessary to conform to the policy referred
to in paragraph (1) or otherwise achieve the objectives
of this subsection. Notwithstanding the preceding sen-
tence, the period of compliance with respect to a dis-
charge referred to in paragraph (2)(C)(ii) may only
192
be 
extended 
in 
accordance 
with 
paragraph
(2)(C)(ii).’’.
SEC. 408. SANITARY SEWER OVERFLOWS.
Section 402 (33 U.S.C. 1342) is further amended by
adding at the end the following:
‘‘(t) SANITARY SEWER OVERFLOWS.—
‘‘(1) DEVELOPMENT OF POLICY.—Not later than
2 years after the date of the enactment of this sub-
section, the Administrator, in consultation with State
and local governments and water authorities, shall
develop and publish a national control policy for mu-
nicipal separate sanitary sewer overflows. The na-
tional policy shall recognize and address regional and
economic factors.
‘‘(2) ISSUANCE OF PERMITS.—Each permit is-
sued pursuant to this section for a discharge from a
municipal separate sanitary sewer shall conform with
the policy developed under paragraph (1).
‘‘(3) COMPLIANCE DEADLINE.—Notwithstanding
any compliance schedule under section 301(b), or any
permit limitation under subsection (b)(1)(B), the Ad-
ministrator or a State with a program 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 infiltra-
193
tion. The permit shall include at a minimum a sched-
ule for compliance with a long-term control plan
under the policy developed under paragraph (1), for
a term not to exceed 15 years.
‘‘(4) EXTENSION.—Notwithstanding the compli-
ance deadline specified in paragraph (3), the Admin-
istrator or a State with a program approved under
subsection (b) shall extend, on request of an owner or
operator of a municipal separate sanitary sewer, the
period of compliance beyond the last day of such 15-
year period if the Administrator or the State deter-
mines that compliance by such last day is not within
the economic capability of the owner or operator, un-
less the Administrator or the State determines that
the extension is not appropriate.
‘‘(5) EFFECT ON OTHER ACTIONS.—Before the
date of publication of the policy under paragraph (1),
the Administrator or Attorney General shall not initi-
ate any administrative or judicial civil penalty ac-
tion in response to a municipal separate sanitary
sewer overflow due to stormwater inflows or infiltra-
tion.
‘‘(6) SAVINGS CLAUSE.—Any consent decree or
court order entered by a United States district court,
or administrative order issued by the Administrator,
194
before the date of the enactment of this subsection es-
tablishing any deadlines, schedules, or timetables, in-
cluding any interim deadlines, schedules, or time-
tables, for the evaluation, design, or construction of
treatment works for control or elimination of any dis-
charge from a municipal separate sanitary sewer
shall be modified upon motion or request by any
party to such consent decree or court order, to extend
to December 31, 2009, at a minimum, any such dead-
lines, schedules, or timetables, including any interim
deadlines, schedules, or timetables as is necessary to
conform to the policy developed under paragraph (1)
or otherwise achieve the objectives of this subsection.’’.
SEC. 409. ABANDONED MINES.
Section 402 (33 U.S.C. 1342) is further amended by
inserting after subsection (o) the following:
‘‘(p) PERMITS FOR REMEDIATING PARTY ON ABAN-
DONED OR INACTIVE MINED LANDS.—
‘‘(1) APPLICABILITY.—Subject to this subsection,
including the requirements of paragraph (3), the Ad-
ministrator, with the concurrence of the concerned
State or Indian tribe, may issue a permit to a reme-
diating party under this section for discharges associ-
ated with remediation activity at abandoned or inac-
tive mined lands which modifies any otherwise appli-
195
cable requirement of sections 301(b), 302, and 403, or
any subsection of this section (other than this sub-
section).
‘‘(2) APPLICATION FOR A PERMIT.—A remediat-
ing party who desires to conduct remediation activi-
ties on abandoned or inactive mined lands from
which there is or may be a discharge of pollutants to
waters of the United States or from which there could
be a significant addition of pollutants from nonpoint
sources may submit an application to the Adminis-
trator. The application shall consist of a remediation
plan and any other information requested by the Ad-
ministrator to clarify the plan and activities.
‘‘(3) REMEDIATION
PLAN.—The remediation
plan shall include (as appropriate and applicable)
the following:
‘‘(A) Identification of the remediating
party, including any persons cooperating with
the concerned State or Indian tribe with respect
to the plan, and a certification that the appli-
cant is a remediating party under this section.
‘‘(B) Identification of the abandoned or in-
active mined lands addressed by the plan.
201
diation activities implemented by the per-
mit holder prior to issuance of the permit.
‘‘(5) DEFINITIONS.—In this subsection the fol-
lowing definitions apply:
‘‘(A) REMEDIATING PARTY.—The term ‘re-
mediating party’ means—
‘‘(i) the United States (on non-Federal
lands), a State or its political subdivisions,
or an Indian tribe or officers, employees, or
contractors thereof; and
‘‘(ii) any person acting in cooperation
with a person described in clause (i), in-
cluding a government agency that owns
abandoned or inactive mined lands for the
purpose of conducting remediation of the
mined lands or that is engaging in remedi-
ation activities incidental to the ownership
of the lands.
Such term does not include any person who, be-
fore or following issuance of a permit under this
section, directly benefited from or participated in
any mining operation (including exploration)
associated with the abandoned or inactive mined
lands.