An act to amend the Federal Water Pollution Control Act to provide for an integrated planning process, to promote green infrastructure, and for other purposes
PL 115-436 (H.R.7279), enacted 01/14/2019

132 STAT. 5558 
PUBLIC LAW 115–436—JAN. 14, 2019 
Public Law 115–436 
115th Congress 
An Act 
To amend the Federal Water Pollution Control Act to provide for an integrated 
planning process, to promote green infrastructure, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Infrastructure Improve-
ment Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Environmental Protection Agency. 
(2) MUNICIPALITY.—The term ‘‘municipality’’ has the 
meaning given that term in section 502 of the Federal Water 
Pollution Control Act (33 U.S.C. 1362). 
SEC. 3. INTEGRATED PLANS. 
(a) INTEGRATED PLANS.—Section 402 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342) is amended by adding at 
the end the following: 
‘‘(s) INTEGRATED PLANS.— 
‘‘(1) DEFINITION OF INTEGRATED PLAN.—In this subsection, 
the term ‘integrated plan’ means a plan developed in accordance 
with the Integrated Municipal Stormwater and Wastewater 
Planning Approach Framework, issued by the Environmental 
Protection Agency and dated June 5, 2012. 
‘‘(2) IN GENERAL.—The Administrator (or a State, in the 
case of a permit program approved by the Administrator) shall 
inform municipalities of the opportunity to develop an 
integrated plan that may be incorporated into a permit under 
this section. 
‘‘(3) SCOPE.— 
‘‘(A) SCOPE
OF
PERMIT
INCORPORATING
INTEGRATED 
PLAN.—A permit issued under this section that incorporates 
an integrated plan may integrate all requirements under 
this Act addressed in the integrated plan, including require-
ments relating to— 
‘‘(i) a combined sewer overflow; 
‘‘(ii) a capacity, management, operation, and 
maintenance program for sanitary sewer collection sys-
tems; 
‘‘(iii) a municipal stormwater discharge; 
‘‘(iv) a municipal wastewater discharge; and 
42 USC 4370j 
note. 
Water 
Infrastructure 
Improvement 
Act. 
33 USC 1251 
note. 
Jan. 14, 2019 
[H.R. 7279] 
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PUBLIC LAW 115–436—JAN. 14, 2019 
‘‘(v) a water quality-based effluent limitation to 
implement an applicable wasteload allocation in a total 
maximum daily load. 
‘‘(B) INCLUSIONS IN INTEGRATED PLAN.—An integrated 
plan incorporated into a permit issued under this section 
may include the implementation of— 
‘‘(i) projects, including innovative projects, to 
reclaim, recycle, or reuse water; and 
‘‘(ii) green infrastructure. 
‘‘(4) COMPLIANCE SCHEDULES.— 
‘‘(A) IN GENERAL.—A permit issued under this section 
that incorporates an integrated plan may include a 
schedule of compliance, under which actions taken to meet 
any applicable water quality-based effluent limitation may 
be implemented over more than 1 permit term if the 
schedule of compliance— 
‘‘(i) is authorized by State water quality standards; 
and 
‘‘(ii) meets the requirements of section 122.47 of 
title 40, Code of Federal Regulations (as in effect on 
the date of enactment of this subsection). 
‘‘(B) TIME FOR COMPLIANCE.—For purposes of subpara-
graph (A)(ii), the requirement of section 122.47 of title 
40, Code of Federal Regulations, for compliance by an 
applicable statutory deadline under this Act does not pro-
hibit implementation of an applicable water quality-based 
effluent limitation over more than 1 permit term. 
‘‘(C) REVIEW.—A schedule of compliance incorporated 
into a permit issued under this section may be reviewed 
at the time the permit is renewed to determine whether 
the schedule should be modified. 
‘‘(5) EXISTING AUTHORITIES RETAINED.— 
‘‘(A) APPLICABLE
STANDARDS.—Nothing in this sub-
section modifies any obligation to comply with applicable 
technology and water quality-based effluent limitations 
under this Act. 
‘‘(B) FLEXIBILITY.—Nothing in this subsection reduces 
or eliminates any flexibility available under this Act, 
including the authority of a State to revise a water quality 
standard after a use attainability analysis under section 
131.10(g) of title 40, Code of Federal Regulations (or a 
successor regulation), subject to the approval of the 
Administrator under section 303(c). 
‘‘(6) CLARIFICATION OF STATE AUTHORITY.— 
‘‘(A) IN GENERAL.—Nothing in section 301(b)(1)(C) pre-
cludes a State from authorizing in the water quality stand-
ards of the State the issuance of a schedule of compliance 
to meet water quality-based effluent limitations in permits 
that incorporate provisions of an integrated plan. 
‘‘(B) TRANSITION RULE.—In any case in which a dis-
charge is subject to a judicial order or consent decree, 
as of the date of enactment of this subsection, resolving 
an enforcement action under this Act, any schedule of 
compliance issued pursuant to an authorization in a State 
water quality standard may not revise a schedule of compli-
ance in that order or decree to be less stringent, unless 
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PUBLIC LAW 115–436—JAN. 14, 2019 
the order or decree is modified by agreement of the parties 
and the court.’’. 
(b) IMPLEMENTATION OF INTEGRATED PLANS THROUGH ENFORCE-
MENT TOOLS.—Section 309 of the Federal Water Pollution Control 
Act (33 U.S.C. 1319) is amended by adding at the end the following: 
‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS.— 
‘‘(1) IN
GENERAL.—In conjunction with an enforcement 
action under subsection (a) or (b) relating to municipal dis-
charges, the Administrator shall inform a municipality of the 
opportunity to develop an integrated plan, as defined in section 
402(s). 
‘‘(2) MODIFICATION.—Any municipality under an adminis-
trative order under subsection (a) or settlement agreement 
(including a judicial consent decree) under subsection (b) that 
has developed an integrated plan consistent with section 402(s) 
may request a modification of the administrative order or settle-
ment agreement based on that integrated plan.’’. 
(c) REPORT TO CONGRESS.—Not later than 2 years after the 
date of enactment of this Act, the Administrator shall submit to 
the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives, and make publicly available, a report 
on each integrated plan developed and implemented through a 
permit, order, or judicial consent decree pursuant to the Federal 
Water Pollution Control Act since the date of publication of the 
‘‘Integrated Municipal Stormwater and Wastewater Planning 
Approach Framework’’ issued by the Environmental Protection 
Agency and dated June 5, 2012, including a description of the 
control measures, levels of control, estimated costs, and compliance 
schedules for the requirements implemented through such an 
integrated plan. 
SEC. 4. MUNICIPAL OMBUDSMAN. 
(a) ESTABLISHMENT.—There is established within the Office 
of the Administrator an Office of the Municipal Ombudsman, to 
be headed by a Municipal Ombudsman. 
(b) GENERAL DUTIES.—The duties of the Municipal Ombudsman 
shall include the provision of— 
(1) technical assistance to municipalities seeking to comply 
with the Federal Water Pollution Control Act; and 
(2) information to the Administrator to help the Adminis-
trator ensure that agency policies are implemented by all offices 
of the Environmental Protection Agency, including regional 
offices. 
(c) ACTIONS REQUIRED.—The Municipal Ombudsman shall work 
with appropriate offices at the headquarters and regional offices 
of the Environmental Protection Agency to ensure that a munici-
pality seeking assistance is provided information regarding— 
(1) available Federal financial assistance for which the 
municipality is eligible; 
(2) flexibility available under the Federal Water Pollution 
Control Act; and 
(3) the opportunity to develop an integrated plan under 
section 402(s) of the Federal Water Pollution Control Act. 
(d) INFORMATION SHARING.—The Municipal Ombudsman shall 
publish on the website of the Environmental Protection Agency— 
(1) general information relating to— 
Web posting. 
42 USC 4370j. 
Public 
information. 
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PUBLIC LAW 115–436—JAN. 14, 2019 
(A) the technical assistance referred to in subsection 
(b)(1); 
(B) the financial assistance referred to in subsection 
(c)(1); 
(C) the flexibility referred to in subsection (c)(2); and 
(D) any resources developed by the Administrator 
related to integrated plans under section 402(s) of the 
Federal Water Pollution Control Act; and 
(2) a copy of each permit, order, or judicial consent decree 
that implements or incorporates such an integrated plan. 
SEC. 5. GREEN INFRASTRUCTURE. 
(a) DEFINITION.—Section 502 of the Federal Water Pollution 
Control Act (33 U.S.C. 1362) is amended by adding at the end 
the following: 
‘‘(27) GREEN INFRASTRUCTURE.—The term ‘green infrastruc-
ture’ means the range of measures that use plant or soil sys-
tems, permeable pavement or other permeable surfaces or sub-
strates, stormwater harvest and reuse, or landscaping to store, 
infiltrate, or evapotranspirate stormwater and reduce flows 
to sewer systems or to surface waters.’’. 
(b) GREEN INFRASTRUCTURE PROMOTION.—Title V of the Federal 
Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended— 
(1) by redesignating section 519 as section 520; and 
(2) by inserting after section 518 the following: 
‘‘SEC. 519. GREEN INFRASTRUCTURE PROMOTION. 
‘‘(a) IN GENERAL.—The Administrator shall promote the use 
of green infrastructure in, and coordinate the integration of green 
infrastructure into, permitting and enforcement under this Act, 
planning efforts, research, technical assistance, and funding guid-
ance of the Environmental Protection Agency. 
‘‘(b) COORDINATION
OF
EFFORTS.—The Administrator shall 
ensure that the Office of Water coordinates efforts to increase 
the use of green infrastructure with— 
‘‘(1) other Federal departments and agencies; 
‘‘(2) State, tribal, and local governments; and 
‘‘(3) the private sector. 
‘‘(c) REGIONAL
GREEN
INFRASTRUCTURE
PROMOTION.—The 
Administrator shall direct each regional office of the Environmental 
Protection Agency, as appropriate based on local factors, and con-
sistent with the requirements of this Act, to promote and integrate 
the use of green infrastructure within the region, including 
through— 
‘‘(1) outreach and training regarding green infrastructure 
implementation for State, tribal, and local governments, tribal 
communities, and the private sector; and 
‘‘(2) the incorporation of green infrastructure into permit-
ting and other regulatory programs, codes, and ordinance 
development, including the requirements under consent decrees 
and settlement agreements in enforcement actions. 
‘‘(d) 
GREEN
INFRASTRUCTURE
INFORMATION-SHARING.—The 
Administrator shall promote green infrastructure information- 
sharing, including through an internet website, to share information 
with, and provide technical assistance to, State, tribal, and local 
governments, tribal communities, the private sector, and the public, 
regarding green infrastructure approaches for— 
‘‘(1) reducing water pollution; 
Website. 
Coordination. 
33 USC 1377a. 
33 USC 1251 
note. 
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PUBLIC LAW 115–436—JAN. 14, 2019 
LEGISLATIVE HISTORY—H.R. 7279: 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Dec. 19, considered and passed House. 
Dec. 22, considered and passed Senate. 
‘‘(2) protecting water resources; 
‘‘(3) complying with regulatory requirements; and 
‘‘(4) achieving other environmental, public health, and 
community goals.’’. 
Approved January 14, 2019. 
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