I
106TH CONGRESS
1ST SESSION
H. R. 3294
To amend the Federal Water Pollution Control Act to exclude from
stormwater regulation certain areas and activities, and to improve the
regulation and limit the liability of local governments concerning co-
permitting and the implementation of control measures.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mr. BACHUS (for himself, Mr. TURNER, Mr. ADERHOLT, Mr. SAM JOHNSON
of Texas, Mr. PAUL, Mr. BRADY of Texas, and Mr. SMITH of Texas) in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to ex-
clude from stormwater regulation certain areas and ac-
tivities, and to improve the regulation and limit the liabil-
ity of local governments concerning co-permitting and
the implementation of control measures.
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 ‘‘Water Regulation Im-
provement Act of 1999’’.
SEC. 2. WAIVER OF LIABILITY OF CO-PERMITTEES.
Section 402(p)(3)(B) of the Federal Water Pollution
Control Act (33 U.S.C. 1342(p)(3)(B)) is amended—
(1) in clause (ii), by striking ‘‘and’’;
(2) in clause (iii), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iv) shall—
‘‘(I) recognize the responsibility
of governmental entities to carry out
the control measures described in
clause (iii), including responsibilities
established through co-permits or
other mechanisms; and
‘‘(II) provide that, in the case of
a local governmental entity (including
a municipality, county, city, or bor-
ough) that relies on a co-permittee or
another governmental entity to comply
with any requirement to implement a
control measure in which the co-per-
mittee or other governmental entity
assumes responsibility for implemen-
tation of, but fails to implement, the
control measure, the local govern-
mental entity shall not be liable for
the failure of the co-permittee or
other governmental entity to imple-
ment the control measure.’’.
SEC. 3. EXCLUSION OF CERTAIN AREAS AND ACTIVITIES
FROM STORMWATER REGULATION.
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) EXCLUSIONS.—
‘‘(A) VEGETATED
ROAD
DITCHES.—For
stormwater discharges identified under para-
graph (5), the Administrator shall not require
any local governmental entity (including a mu-
nicipality, county, city, or borough), to apply for
and obtain a permit for any stormwater dis-
charge associated with an above-ground vege-
tated drainage ditch or a drainage way owned
or operated in connection with a road or street
under the jurisdiction of the local governmental
entity.
‘‘(B) CONSTRUCTION ACTIVITIES AND ROU-
TINE ROAD MAINTENANCE.—A discharge regu-
lated under subparagraph (B) or (E) of para-
graph (2), and any stormwater discharge identi-
fied under paragraph (5), shall not include—
‘‘(i) a stormwater discharge associated
with a construction activity (including
grading, clearing, and excavation) that dis-
turbs not more than 5 acres of land; or
‘‘(ii) a routine maintenance activity
associated with a road, street, vegetated
road ditch, or vegetated drainage way.
‘‘(C) PROHIBITION OF REQUIREMENTS EX-
CEEDING STATE LAW AUTHORITY.—Nothing in
this subsection requires a local governmental
entity to exceed the authority granted to the
local governmental entity under State law to
implement a regulatory requirement.’’.
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