I
104TH CONGRESS
1ST SESSION
H. R. 1252
To amend the Federal Water Pollution Control Act to improve stormwater
management, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 1995
Mrs. LINCOLN introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to
improve stormwater management, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Stormwater Manage-
ment Improvement Act of 1995’’.
SEC. 2. STORMWATER MANAGEMENT.
Section 402(p) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342(p)) is amended to read as fol-
lows:
‘‘(p) MUNICIPAL
AND INDUSTRIAL STORMWATER
DISCHARGES.—
‘‘(1) IN GENERAL.—The requirements of para-
graph (4) for applications and the issuance of per-
mits shall apply to the following stormwater dis-
charges:
‘‘(A) A discharge with respect to which a
permit has been issued under this section before
February 4, 1987.
‘‘(B) A discharge associated with industrial
or commercial activity.
‘‘(C) A discharge from a municipal storm
sewer system serving a population of 250,000
individuals or more.
‘‘(D) A discharge from a municipal storm
sewer system serving a population of 100,000
individuals or more but fewer than 250,000 in-
dividuals.
‘‘(E) A discharge from a municipal storm
sewer system serving a population of 50,000 in-
dividuals or more but fewer than 100,000 indi-
viduals that is located in an urbanized area (as
designated by the Bureau of the Census) in
which a stormwater discharge covered by a per-
Bureau of the Census) other than dis-
charges described in paragraph (1)(E).
‘‘(ii) ADVANCE NOTICE OF PROPOSED
RULEMAKING.—Not later than 2 years
after the date of enactment of this sub-
paragraph, the Administrator shall publish
an advance notice of proposed rulemaking
that summarizes available information on
municipal storm sewer systems covered by
clause (i) and outlines the options being
considered for regulations under clause
(iii).
‘‘(iii) REGULATIONS.—The Adminis-
trator may issue regulations specifying per-
mit application requirements for permits
for the discharges covered by clause (i)
prior to October 1, 1998, based on a deter-
mination by the Administrator that the
discharges would be appropriately regu-
lated by a permit issued pursuant to this
subsection. If the Administrator issues the
regulations, permits shall be issued or de-
nied for the discharges not later than 7
years after the date of enactment of this
clause.
‘‘(iv) FAILURE
TO
ISSUE
REGULA-
TIONS.—Notwithstanding clause (i), if the
Administrator fails to issue the regulations
described in clause (iii) prior to October 1,
1998, the discharges covered by clause (i)
shall be subject to the requirements of sec-
tion 301 and this section as of October 1,
1998.
‘‘(B) EXEMPTION FROM PERMIT REQUIRE-
MENTS FOR NONURBANIZED AREAS.—Notwith-
standing section 301 or any other provision of
this section, a source of discharges composed
entirely of stormwater from municipal storm
sewer systems, other than the discharges de-
scribed in paragraph (1) or subparagraph (A),
is not required to obtain a permit for the dis-
charges under this Act.
‘‘(C) CLARIFICATION.—Nothing in this
subsection shall be interpreted, construed, or
applied to modify the requirements of this Act
(including other provisions of this section) oth-
erwise applicable to discharges of stormwater
combined 
with 
domestic 
or 
industrial
wastewater.
‘‘(3) PERMIT REQUIREMENTS.—
‘‘(A) INDUSTRIAL AND COMMERCIAL DIS-
CHARGES.—Permits for discharges associated
with industrial and commercial activity shall
meet all applicable provisions of this section
and section 301.
‘‘(B) 
MUNICIPAL
DISCHARGE.—Permits
for discharges from municipal storm sewers—
‘‘(i) may be issued on a system- or ju-
risdiction-wide basis;
‘‘(ii) shall include a requirement to ef-
fectively 
prohibit 
non-stormwater 
dis-
charges into the storm sewers;
‘‘(iii) shall require controls to reduce
the discharge of pollutants to the maxi-
mum extent practicable, including manage-
ment practices, control techniques and sys-
tem, design and engineering methods, and
such other provisions as the Administrator
or the State determines appropriate for the
control of such pollutants; and
‘‘(iv) shall include monitoring and re-
porting requirements that, at minimum,
provide for—
‘‘(I) 
representative 
monitoring
for the quality of receiving waters;
and
‘‘(II) reporting for the implemen-
tation of management measures.
‘‘(C) MAXIMUM EXTENT PRACTICABLE.—
‘‘(i) MAXIMUM EXTENT PRACTICABLE
DEFINED.—As 
used 
in 
subparagraph
(B)(iii) (and with respect to permits issued
after the date that is 2 years after the date
of enactment of this subparagraph), the
term ‘maximum extent practicable’ means
applying management measures, as defined
in section 6217(g)(5) of the Coastal Zone
Act Reauthorization Amendments of 1990
(16 U.S.C. 1455b(g)(5)), for municipal
stormwater discharges that, in the judg-
ment of the Administrator (or a State au-
thorized to issue a permit under this sec-
tion), will attain and maintain water qual-
ity standards.
‘‘(ii) GUIDANCE.—Not later than 2
years after the date of enactment of this
subparagraph, the Administrator, after
consultation with persons with expertise in
the management of stormwater (including
officials of local governments and rep-
resentatives of public interest groups),
shall—
‘‘(I) establish requirements for
specific management measures for
municipal 
stormwater 
discharges
based on the guidance issued under
section 6217 of the Coastal Zone Act
Reauthorization Amendments of 1990
(16 U.S.C. 1445b) to define ‘maxi-
mum extent practicable’ for the pur-
poses of this section; and
‘‘(II) if practicable, include in the
requirements minimum and objective
performance standards for each of the
management measures.
‘‘(D) NUMERIC EFFLUENT LIMITATIONS.—
Notwithstanding section 301 and this section,
during the 10-year period beginning on the date
of enactment of this subparagraph, a permit is-
sued pursuant to this subsection for discharges
from municipal storm sewers composed entirely
of stormwater shall not require compliance with
numeric effluent limitations and water quality
standards shall not be applied or enforced as
effluent limitations.
‘‘(E) MUNICIPALLY OWNED AND COMMER-
CIAL
DISCHARGES.—The Administrator (or a
State with a program approved under sub-
section (b)) may issue a consolidated permit for
discharges from a storm sewer system owned by
a municipality and the stormwater discharges
from industrial or commercial sources owned by
the same municipality.
‘‘(4) PERMIT APPLICATION REQUIREMENTS.—
‘‘(A) INDUSTRIAL AND LARGE MUNICIPAL
DISCHARGES.—Not later than 2 years after
February 4, 1987, the Administrator shall es-
tablish regulations setting forth the permit ap-
plication requirements for stormwater dis-
charges described in paragraphs (1)(B) and
(1)(C). Applications for permits for such dis-
charges shall be filed no later than 3 years after
February 4, 1987. Not later than 4 years after
February 4, 1987, the Administrator or the
State, as the case may be, shall issue or deny
each such permit. Any such permit shall provide
for compliance as expeditiously as practicable,
but in no event later than 3 years after the date
of issuance of such permit.
‘‘(B) OTHER MUNICIPAL DISCHARGES.—
‘‘(i) IN GENERAL.—Not later than 4
years after February 4, 1987, the Adminis-
trator shall establish regulations setting
forth the permit application requirements
for stormwater discharges described in
paragraph (1)(D). Applications for permits
for such discharges shall be filed no later
than 5 years after February 4, 1987. Not
later than 6 years after February 4, 1987,
the Administrator or the State, as the case
may be, shall issue or deny each such per-
mit. Any such permit shall provide for
compliance as expeditiously as practicable,
but in no event later than 3 years after the
date of issuance of such permit.
‘‘(ii) DEADLINE FOR SUBMISSION OF
APPLICATION.—Applications for permits
for discharges from municipal storm sys-
tems that were not required to apply for a
permit before the date of enactment of this
clause because the systems are combined
storm and sanitary systems shall be filed
not later than 4 years after the date of en-
actment of this clause.
‘‘(iii) EFFECTIVE
DATE.—The re-
quirement for a permit under section 301
and this section shall apply to discharges
from municipal storm sewer systems de-
scribed in paragraph (1)(E) beginning on
the date of the expiration of a permit for
a discharge described in subparagraph (C)
or (D) of paragraph (1) that is located in
the same urbanized area and that occurs
after the date that is 3 years after the date
of enactment of this clause.
‘‘(C) COMMERCIAL AND LIGHT INDUSTRIAL
DISCHARGES.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the Administrator
shall, after notice and opportunity for pub-
lic comment, establish permit application
and other requirements for stormwater dis-
charges from commercial and light indus-
trial sources and ensure that permits
under this section for all sources are issued
as expeditiously as practicable, but no later
than 8 years after the date of enactment
of this subparagraph.
‘‘(ii) 
EXCEPTIONS.—This 
subpara-
graph shall not apply to discharges from
sources that—
‘‘(I) were required to submit ap-
plications for a permit by the rule
published by the Administrator at 55
Fed. Reg. 47990 (November 16,
1990);
‘‘(II) are in a source or a class
for which an exemption to the permit
requirements of this section and sec-
tion 301 is granted before the date
that is 8 years after the date of enact-
ment of this subparagraph, pursuant
to paragraph (5); or
‘‘(III) are owned or operated by
a municipality and are subject to a
consolidated permit as authorized by
paragraph (3)(E).
‘‘(D) REGULATIONS.—The Administrator
shall publish a notice of proposed rulemaking
for the requirements described in subparagraph
(C) not later than 4 years after the date of en-
actment of this subparagraph and shall issue
final regulations relating to the requirements
not later than 6 years after the date of enact-
ment of this subparagraph.
‘‘(5) COMMERCIAL AND LIGHT INDUSTRIAL DIS-
CHARGES.—
‘‘(A) IN
GENERAL.—The Administrator
may exempt a class or category of commercial
and light industrial discharges composed en-
tirely of stormwater (other than discharges sub-
ject to permit application requirements pub-
lished at 55 Fed. Reg. 47990 (November 16,
1990)) from the requirement to obtain a permit
pursuant to section 301 and this section if the
Administrator determines based on available in-
formation that, considering controls and man-
agement measures installed at sources in the
class or category, stormwater discharges from
sources in the class or category have minimal
effect on water or sediment quality.
‘‘(B) REGULATIONS.—
‘‘(i) IN GENERAL.—The Administrator
shall issue regulations for classes or cat-
egories of discharges exempt under sub-
paragraph (A).
‘‘(ii) CONTENTS.—Such regulations
shall, at a minimum, establish priorities,
establish 
requirements 
for 
State
stormwater management programs, and es-
tablish expeditious deadlines for compli-
ance with the requirements established by
the regulations. The regulations may in-
clude performance standards, guidelines,
guidance, and management practices and
treatment requirements, as appropriate.
The Administrator may, in making a de-
termination under subparagraph (A), take
into account controls and management
measures established pursuant to this sub-
paragraph.
‘‘(iii) REFERENCES.—For purposes of
sections 309 and 505, any reference to a
permit issued under section 402 shall be
interpreted to include a requirement im-
posed by a regulation issued pursuant to
this subparagraph.
‘‘(6) DISCHARGES FROM SMALL INDUSTRIAL OR
COMMERCIAL BUSINESSES.—
‘‘(A) IN GENERAL.—Except as provided by
subparagraph (B), a stormwater discharge from
a small industrial or commercial business shall
not be subject to the permitting requirements of
section 301 or this section.
‘‘(B) EXCEPTION.—The Administrator or
a State (in the case of a permit program ap-
proved under subsection (b)) may require a per-
mit under section 301 and this section for a
stormwater discharge described in subpara-
graph (A) in any case in which the Adminis-
trator or the State, as appropriate, determines
that the discharge contributes to a violation of
a water quality standard or is a significant con-
tributor of pollutants to waters of the United
States.
‘‘(C) SMALL INDUSTRIAL OR COMMERCIAL
BUSINESS DEFINED.—For the purposes of this
paragraph, the term ‘small industrial or com-
mercial business’ means an industrial or com-
mercial business that employees no more than
25 individuals and is a small business concern
as defined under section 3(a) of the Small Busi-
ness Act (15 U.S.C. 632(a)).
‘‘(7) STORMWATER RESEARCH.—
‘‘(A) IN
GENERAL.—To determine the
most cost-effective and technologically feasible
means of improving the quality of the waters of
the Nation, the Administrator shall establish an
initiative through which the Administrator shall
fund State and local demonstration programs
and research to test innovative approaches to
address the impacts of hydrologic and hydraulic
changes, source controls, and water quality
management practices and controls for runoff
from municipal storm sewers. Persons conduct-
ing demonstration programs and research fund-
ed under the initiative shall also take into ac-
count 
the 
physical 
nature 
of 
episodic
stormwater flows, the varying pollutants in
stormwater, the actual risk the flows pose to
the designated beneficial uses, and the ability of
natural 
ecosystems 
to 
accept 
temporary
stormwater events.
‘‘(B) AWARD
OF
FUNDS.—The Adminis-
trator shall award the demonstration and re-
search program funds taking into account re-
gional and population variations.
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this paragraph a total of
$100,000,000 for fiscal years 1995 through
2004. Such sums shall remain available until
expended.
‘‘(8) ADDITIONAL MONITORING SUPPORT.—Mu-
nicipalities subject to permits issued under this sub-
section shall be eligible for grants under section
319(h) to train and facilitate training of citizens in
citizen watershed monitoring activities to support
municipal stormwater management programs.’’.
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HR 1252 IH——2