142
‘‘(E) PROGRAM FOR CONSTRUCTION ACTIVI-
TIES.—A 
program 
for 
categories 
and
subcategories of stormwater discharges from con-
struction activities identified under subsection
(b)(1)(B) for implementation of management
practices, measures, and programs identified
under subparagraphs (A) and (B). In developing
the program, the State shall consider current
State and local requirements, focus on pollution
prevention through the use of model management
practices and measures, and take into account
the land area disturbed by the construction ac-
tivities. The State may require effluent limits or
other numerical standards to control pollutants
in stormwater discharges from construction ac-
tivities only if the State finds, after providing
notice and an opportunity for comment, that
such standards are necessary to achieve water
quality standards by the date referred to in sub-
paragraph (B).
‘‘(F) BAD ACTOR PROVISIONS.—Provisions
for taking any actions deemed necessary by the
State to meet the goals and requirements of this
section with respect to dischargers which the
143
State identifies, after notice and opportunity for
hearing—
‘‘(i) as having a history of stormwater
noncompliance under this Act, State law, or
the regulations issued thereunder or the
terms and conditions of permits, orders, or
administrative 
actions 
issued 
pursuant
thereto; or
‘‘(ii) as posing an imminent threat to
human health and the environment.
‘‘(G) SCHEDULE.—A schedule containing
interim goals and milestones for making reason-
able progress toward the attainment of standards
as set forth in subparagraph (B) established for
the designated uses of receiving waters, taking
into account specific watershed conditions, which
may be demonstrated by one or any combination
of improvements in water quality (including bio-
logical indicators), documented implementation
of voluntary stormwater discharge control meas-
ures, or adoption of enforceable stormwater dis-
charge control measures.
‘‘(H) CERTIFICATION
OF
ADEQUATE
AU-
THORITY.—
144
‘‘(i) IN GENERAL.—A certification by
the Attorney General of the State or States
(or the chief attorney of any State water
pollution control agency that has authority
under State law to make such certification)
that the laws of the State or States, as the
case may be, provide adequate authority to
implement such management program or, if
there is not such adequate authority, a list
of such additional authorities as will be
necessary to implement such management
program.
‘‘(ii) COMMITMENT.—A schedule for
seeking, and a commitment by the State or
States to seek, such additional authorities
as expeditiously as practicable.
‘‘(I) IDENTIFICATION OF FEDERAL FINAN-
CIAL ASSISTANCE PROGRAMS.—An identification
of Federal financial assistance programs and
Federal development projects for which the State
will review individual assistance applications or
development projects for their effect on water
quality pursuant to the procedures set forth in
Executive Order 12372 as in effect on September
17, 1983, to determine whether such assistance
145
applications or development projects would be
consistent with the program prepared under this
subsection; for the purposes of this subparagraph,
identification shall not be limited to the assist-
ance programs or development projects subject to
Executive Order 12372 but may include any
programs listed in the most recent Catalog of
Federal Domestic Assistance which may have an
effect on the purposes and objectives of the State’s
stormwater management program.
‘‘(J) MONITORING.—A description of the
monitoring of navigable waters or other assess-
ment which will be carried out under the pro-
gram for the purposes of monitoring and assess-
ing the effectiveness of the program, including
the attainment of interim goals and milestones.
‘‘(K) IDENTIFICATION OF CERTAIN INCON-
SISTENT
FEDERAL
ACTIVITIES.—An identifica-
tion of activities on Federal lands in the State
that are inconsistent with the State management
program.
‘‘(L) IDENTIFICATION OF GOALS AND MILE-
STONES.—An identification of goals and mile-
stones for progress in attaining water quality
standards, including a projected date for attain-
146
ing such standards as expeditiously as prac-
ticable but not later than 15 years after the date
of approval of the State program for each of the
waters listed pursuant to subsection (b).
‘‘(3) UTILIZATION OF LOCAL AND PRIVATE EX-
PERTS.—In developing and implementing a manage-
ment program under this subsection, a State shall, to
the maximum extent practicable, involve local public
and private agencies and organizations which have
expertise in stormwater management.
‘‘(4) DEVELOPMENT ON WATERSHED BASIS.—A
State shall, to the maximum extent practicable, de-
velop and implement a stormwater management pro-
gram under this subsection on a watershed-by-water-
shed basis within such State.
‘‘(5) REGULATIONS
DEFINING
SMALL
BUSI-
NESSES.—The Administrator shall propose, not later
than 6 months after the date of the enactment of this
section, and issue, not later than 1 year after the date
of such enactment, regulations to define small busi-
nesses for purposes of this section.
‘‘(d) STORMWATER POLLUTION PREVENTION PLANS.—
‘‘(1) 
IMPLEMENTATION
DEADLINE.—Each
stormwater pollution prevention plan required under
subsection (c)(2)(C)(ii) shall be implemented not later
147
than 180 days after the date of its development and
shall be annually updated.
‘‘(2) PLAN CONTENTS.—Each stormwater pollu-
tion prevention plan required under subsection
(c)(2)(C)(ii) shall include the following components:
‘‘(A) Establishment and appointment of a
stormwater pollution prevention team.
‘‘(B) Description of potential pollutant
sources.
‘‘(C) An annual site inspection evaluation.
‘‘(D) An annual visual stormwater dis-
charge inspection.
‘‘(E) Measures and controls for reducing
stormwater pollution, including, at a minimum,
model management practices and measures that
are flexible, technologically feasible, and eco-
nomically practicable. For purposes of this para-
graph, the term ‘model management practices
and measures’ means preventive maintenance,
good housekeeping, spill prevention and response,
employee training, and sediment and erosion
control.
‘‘(F) Prevention of illegal discharges of
nonstormwater through stormwater outfalls.
148
‘‘(3) CERTIFICATION.—Each facility subject to
subsection (c)(2)(C)(ii) shall certify to the State that
it has implemented a stormwater pollution prevention
plan or a State or local equivalent and that the plan
is intended to reduce possible pollutants in the facili-
ty’s stormwater discharges. The certification must be
signed by a responsible officer of the facility and must
be affixed to the plan subject to review by the appro-
priate State program authority. If a facility makes
such a certification, such facility shall not be subject
to permit or permit application requirements, man-
datory model management practices and measures,
analytical monitoring, effluent limitations or other
numerical standards or guidelines under subsection
(c)(2)(C)(ii).
‘‘(4) PLAN
ADEQUACY.—The State stormwater
management program shall set forth the basis upon
which the adequacy of a plan prepared by a facility
subject to subsection (c)(2)(C)(ii) will be determined.
In making such determination, the State shall con-
sider benefits to the environment, physical require-
ments, technological feasibility and economic costs,
human health or safety, and nature of the activity at
the facility or site.
‘‘(e) ADMINISTRATIVE PROVISIONS.—
149
‘‘(1) COOPERATION REQUIREMENT.—Any report
required by subsection (b) and any management pro-
gram and report required by subsection (c) shall be
developed in cooperation with local, substate, regional,
and interstate entities which are responsible for im-
plementing stormwater management programs.
‘‘(2) TIME PERIOD FOR SUBMISSION OF MANAGE-
MENT PROGRAMS.—Each management program shall
be submitted to the Administrator within 30 months
of the issuance by the Administrator of the final guid-
ance under subsection (l) and every 5 years thereafter.
Each program submission after the initial submission
following the date of the enactment of the Clean Water
Amendments of 1995 shall include a demonstration of
reasonable further progress toward the goal of attain-
ing water quality standards as set forth in subsection
(c)(2) established for designated uses of receiving wa-
ters taking into account specific watershed conditions
by not later than the date referred to in subsection
(b)(2)(B), including a documentation of the degree to
which the State has achieved the interim goals and
milestones contained in the previous program submis-
sion. Such demonstration shall take into account the
adequacy of Federal funding under this section.
‘‘(3) TRANSITION.—
150
‘‘(A) IN
GENERAL.—Permits, including
group and general permits, issued pursuant to
section 402(p), as in effect on the day before the
date of the enactment of this section, shall re-
main in effect until the effective date of a State
stormwater management program under this sec-
tion. Stormwater dischargers shall continue to
implement any stormwater management prac-
tices and measures required under such permits
until such practices and measures are modified
pursuant to this subparagraph or pursuant to a
State stormwater management program. Prior to
the effective date of a State stormwater manage-
ment program, stormwater dischargers may sub-
mit for approval proposed revised stormwater
management practices and measures to the
State, in the case of a State with an approved
program under section 402, or the Adminis-
trator. Upon notice of approval by the State or
the Administrator, the stormwater discharger
shall implement the revised stormwater manage-
ment practices and measures which, for dis-
charges 
subject 
to 
subsection 
(c)(2)(C)(i),
(c)(2)(D), (c)(2)(E), or (c)(2)(F), may be vol-
untary 
pollution 
prevention 
activities. 
A
151
stormwater discharger operating under a permit
continued in effect under this subparagraph shall
not be subject to citizens suits under section 505.
‘‘(B) 
NEW
FACILITIES.—A 
new
nonmunicipal source of stormwater discharge
subject to a group or general permit continued
in effect under subparagraph (A) shall notify the
State or the Administrator, as appropriate, of
the source’s intent to be covered by and shall con-
tinue to comply with such permit. Until the ef-
fective date of a State stormwater management
program under this section, the State may im-
pose enforceable stormwater management meas-
ures and practices on a new nonmunicipal
source of stormwater discharge not subject to
such a permit if the State finds that the
stormwater discharge is likely to pose an immi-
nent threat to human health and the environ-
ment or to pose significant impairment of water
quality standards.
‘‘(C) SPECIAL RULE.—Industrial facilities
included in a Part 1 group stormwater permit
application approved by the Administrator pur-
suant to section 122.26(c)(2) of title 40, Code of
Federal Regulations, as in effect on the date of
152
the enactment of this section, may, in lieu of
continued operation under existing permits, cer-
tify to the State or the Administrator, as appro-
priate, that such facilities are implementing a
stormwater pollution prevention plan consistent
with subsection (d). Upon such certification, the
facility will no longer be subject to such permit.
‘‘(D) PRE-1987 PERMITS.—Notwithstanding
the repeal of section 402(p) by the Clean Water
Amendments Act of 1995 or any other amend-
ment made to section 402 on or before the date
of the enactment of such Act, a discharge with
respect to which a permit has been issued under
section 402 before February 4, 1987, shall not be
subject to the provisions of this section.
‘‘(E) 
ANTIBACKSLIDING.—Section 
402(o)
shall not apply to any activity carried out in ac-
cordance with this paragraph.
‘‘(f) APPROVAL
OR DISAPPROVAL
OF REPORTS
OR
MANAGEMENT PROGRAMS.—
‘‘(1) DEADLINE.—Subject to paragraph (2), not
later than 180 days after the date of submission to the
Administrator of any report or revised report or
management program under this section, the Admin-
istrator shall either approve or disapprove such report
153
or management program, as the case may be. The Ad-
ministrator may approve a portion of a management
program under this subsection. If the Administrator
does not disapprove a report, management program,
or portion of a management program in such 180-day
period, such report, management program, or portion
shall be deemed approved for purposes of this section.
‘‘(2) PROCEDURE FOR DISAPPROVAL.—If, after
notice and opportunity for public comment and con-
sultation with appropriate Federal and State agen-
cies and other interested persons, the Administrator
determines that—
‘‘(A) the proposed management program or
any portion thereof does not meet the require-
ments of subsection (b) of this section or is not
likely to satisfy, in whole or in part, the goals
and requirements of this Act;
‘‘(B) adequate authority does not exist, or
adequate resources are not available, to imple-
ment such program or portion; or
‘‘(C) the practices and measures proposed in
such program or portion will not result in rea-
sonable progress toward the goal of attainment of
applicable water quality standards as set forth
in subsection (c)(2) established for designated
178
in context the nature and magnitude of the esti-
mated risk reduction; and
‘‘(D) require an estimate of the total social,
environmental, and economic costs of implement-
ing the standard, effluent limitation, or other
regulatory requirement.
‘‘(c) EXEMPTIONS.—The following shall not be subject
to the requirements of this section:
‘‘(1) The issuance of a permit.
‘‘(2) The implementation of any purely proce-
dural requirement.
‘‘(3) Water quality criteria established under sec-
tion 304.
‘‘(4) Water quality based standards established
under section 303.
‘‘(d) DISCRETIONARY EXEMPTIONS.—The Adminis-
trator or the Secretary, as appropriate, may exempt from
this section any regulatory requirement that is likely to re-
sult in an annual increase in costs of less than $25,000,000.
Such exemptions may be made for specific regulatory re-
quirements or classes of regulatory requirements.
‘‘(e) GENERAL RULE
ON APPLICABILITY.—The re-
quirements of this section shall apply to any regulatory re-
quirement described in subsection (a)(1)(A) or guidance de-
scribed in subsection (a)(1)(B) that is issued after the last