I 
109TH CONGRESS 
2D SESSION 
H. R. 5558 
To amend the Federal Water Pollution Control Act to provide more effective 
permitting and enforcement mechanisms for stormwater discharges asso-
ciated with residential construction activity. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2006 
Mr. DUNCAN (for himself, Mr. YOUNG of Alaska, Mr. MICA, Mr. BAKER, Mr. 
DEFAZIO, Mr. GARY G. MILLER of California, Ms. BERKLEY, Mr. SHU-
STER, Mr. BOOZMAN, Mr. WESTMORELAND, Mr. BOUSTANY, Mr. PETER-
SON of Minnesota, Mr. AKIN, Mr. DAVIS of Tennessee, Mr. SCOTT of 
Georgia, Mr. NEUGEBAUER, Mrs. BLACKBURN, Ms. HARRIS, and Mr. 
SESSIONS) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to pro-
vide more effective permitting and enforcement mecha-
nisms for stormwater discharges associated with residen-
tial construction activity. 
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 Enforce-
ment and Permitting Act of 2006’’. 
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SEC. 2. GREATER SPECIFICITY IN INFORMATION REQUESTS 
AND OPPORTUNITY FOR CORRECTIVE AC-
TION. 
(a) INSPECTIONS, MONITORING, AND ENTRY.—Sec-
tion 308(a)(A)(v) of the Federal Water Pollution Act (33 
U.S.C. 1318(a)(A)(v)) is amended— 
(1) by striking ‘‘other information as he’’ and 
inserting ‘‘other information pertaining to such point 
source as the Administrator’’; and 
(2) by striking ‘‘reasonably require’’ and insert-
ing ‘‘reasonably request within 90 days of the date 
of the request or such shorter time period as the Ad-
ministrator determines is necessary to address an 
imminent and substantial endangerment to public 
health or welfare or the environment’’. 
(b) CORRECTIVE ACTION FOR RESIDENTIAL CON-
STRUCTION SITES.—Section 309 of such Act (33 U.S.C. 
1319) is amended by adding at the end the following: 
‘‘(h) CORRECTIVE ACTION FOR RESIDENTIAL CON-
STRUCTION SITES.— 
‘‘(1) IN GENERAL.—In the course of an inspec-
tion of a site at which a residential construction ac-
tivity is being or will be carried out or based on in-
formation obtained under section 308(a) relating to 
such a site, if the Administrator or the authorized 
representative of the Administrator discovers a viola-
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tion of a permit condition relating to such site that 
has not resulted in a discharge of stormwater and 
provides written notice of such violation to the oper-
ator of such site, the Administrator or such rep-
resentative shall provide the operator a reasonable 
opportunity to correct the identified violation before 
initiation of an enforcement action. 
‘‘(2) SUBSEQUENT VIOLATION.—If the Admin-
istrator or the authorized representative of the Ad-
ministrator subsequently inspects or requests infor-
mation regarding a residential construction site for 
which an opportunity for corrective action was pro-
vided under paragraph (1) and discovers a violation 
of the same permit condition that was corrected 
under paragraph (1) or for which such opportunity 
to correct was provided, the operator of such site 
shall not be provided a further opportunity to cor-
rect under this subsection before initiation of an en-
forcement action. 
‘‘(3) LIMITATION ON AUTHORITY OF ADMINIS-
TRATOR.—The Administrator shall not exercise any 
authority under this section (other than under this 
subsection) during the period that the operator of a 
residential construction site is provided an oppor-
tunity to correct a violation of a permit condition 
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that 
has 
not 
resulted 
in 
the 
discharge 
of 
stormwater.’’. 
(c) LIMITATION ON ACTIONS DURING OPPORTUNITY 
TO CORRECT.—Section 309(g)(6)(A) of such Act (33 
U.S.C. 1319(g)(6)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by inserting ‘‘or’’ after the comma at the 
end of clause (iii); and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) for which the Administrator or 
the authorized representative of the Ad-
ministrator has provided the operator of a 
residential construction site an opportunity 
to correct under subsection (h),’’. 
SEC. 3. PAPERWORK LIMITATIONS FOR RESIDENTIAL CON-
STRUCTION SITES. 
Section 402(l) of the Federal Water Pollution Control 
Act (33 U.S.C. 1342(l)) is amended by adding at the end 
the following: 
‘‘(3) STORMWATER
RUNOFF
FROM
RESIDEN-
TIAL CONSTRUCTION SITES.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall not require a permit, nor shall the Admin-
istrator directly or indirectly require any State 
to require a permit, under this section for 
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stormwater runoff from any site at which a res-
idential construction activity is being or will be 
carried out if— 
‘‘(i) such runoff enters a municipal 
separate storm sewer system that is cov-
ered by a permit to which subsection (p) 
applies and the operator of such site is in 
compliance with requirements imposed by 
the permittee for such system to control 
stormwater runoff; or 
‘‘(ii) such site, during the period of 
the residential construction activity, has 
minimal potential for soil erosion caused 
by rainfall or overland flow due to soil 
type, geology, amount and force of precipi-
tation, and other conditions. 
‘‘(B) MINIMAL POTENTIAL FOR SOIL ERO-
SION
DEFINED.—For purposes of this para-
graph, a residential construction site has mini-
mal potential for soil erosion if the erosivity fac-
tor for the site during the period of the residen-
tial construction activity is less than 5 as cal-
culated based on the latest version of the re-
vised universal soil loss equation developed by 
the Department of Agriculture, unless the Ad-
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