[115th Congress Public Law 436]
[From the U.S. Government Publishing Office]
[[Page 5557]]
WATER INFRASTRUCTURE
IMPROVEMENT ACT
[[Page 132 STAT. 5558]]
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. <<NOTE: Jan. 14, 2019 - [H.R. 7279]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Water
Infrastructure Improvement Act. 33 USC 1251 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Infrastructure Improvement
Act''.
SEC. 2. <<NOTE: 42 USC 4370j note.>> 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 requirements relating to--
``(i) a combined sewer overflow;
``(ii) a capacity, management, operation, and
maintenance program for sanitary sewer collection
systems;
``(iii) a municipal stormwater discharge;
``(iv) a municipal wastewater discharge; and
[[Page 132 STAT. 5559]]
``(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
subparagraph (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 prohibit 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
subsection 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)
precludes a State from authorizing in the water quality
standards 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
discharge 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 compliance in that order or decree
to be less stringent, unless
[[Page 132 STAT. 5560]]
the order or decree is modified by agreement of the
parties and the court.''.
(b) Implementation of Integrated Plans Through Enforcement 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 discharges,
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
administrative 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 settlement agreement based on that integrated plan.''.
(c) Report to Congress <<NOTE: Public information.>> .--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. <<NOTE: 42 USC 4370j.>> 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
Administrator 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 municipality 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 <<NOTE: Web posting.>> .--The Municipal
Ombudsman shall publish on the website of the Environmental Protection
Agency--
(1) general information relating to--
[[Page 132 STAT. 5561]]
(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
infrastructure' means the range of measures that use plant or
soil systems, permeable pavement or other permeable surfaces or
substrates, 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) <<NOTE: 33 USC 1251 note.>> by redesignating section
519 as section 520; and
(2) by inserting after section 518 the following:
``SEC. 519. <<NOTE: Coordination. 33 USC 1377a.>> 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 guidance 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 consistent 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
permitting 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 <<NOTE: Website.>> .--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;
[[Page 132 STAT. 5562]]
``(2) protecting water resources;
``(3) complying with regulatory requirements; and
``(4) achieving other environmental, public health, and
community goals.''.
Approved January 14, 2019.
LEGISLATIVE HISTORY--H.R. 7279:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 19, considered and passed House.
Dec. 22, considered and passed Senate.
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