Sec. 7203. Integrated plans
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Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: In this subsection: 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. The term integrated plan has the meaning given in Part III of the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012.
The term municipal discharge means a discharge from a treatment works (as defined in section 212) or a discharge from a municipal storm sewer under subsection (p). The term municipal discharge includes a discharge of wastewater or storm water collected from multiple municipalities if the discharge is covered by the same permit issued under this section. The Administrator (or a State, in the case of a permit program approved under subsection (b)) shall inform a municipal permittee or multiple municipal permittees of the opportunity to develop an integrated plan.
A permit issued under this subsection that incorporates an integrated plan may integrate all requirements under this Act addressed in the integrated plan, including requirements relating to— a combined sewer overflow; a capacity, management, operation, and maintenance program for sanitary sewer collection systems; a municipal stormwater discharge; a municipal wastewater discharge; and a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load.
A permit for a municipal discharge by a municipality 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 compliance schedules are authorized by State water quality standards. Actions subject to a compliance schedule under subparagraph
(A)may include green infrastructure if implemented as part of a water quality-based effluent limitation. A schedule of compliance may be reviewed each time the permit is renewed. Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this Act. 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 (as in effect on the date of enactment of this subsection), subject to the approval of the Administrator under section 303(c); and the Administrator or a State to authorize a schedule of compliance that extends beyond the date of expiration of a permit term if the schedule of compliance 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). 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. In any case in which a discharge is subject to a judicial order or consent decree as of the date of enactment of the Water Resources Development Act of 2016 resolving an enforcement action under this Act, any schedule of compliance issued pursuant to an authorization in a State water quality standard shall not revise or otherwise affect a schedule of compliance in that order or decree unless the order or decree is modified by agreement of the parties and the court. . There is established within the Office of the Administrator an Office of the Municipal Ombudsman. The duties of the municipal ombudsman shall include the provision of— technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) and the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); and 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. The municipal ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that the municipality seeking assistance is provided information— about available Federal financial assistance for which the municipality is eligible; about flexibility available under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) and, if applicable, the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); and regarding the opportunity to develop an integrated plan, as defined in section 402(s)(1)(B) of the Federal Water Pollution Control Act (as added by subsection (a)). In carrying out paragraph (3), the municipal ombudsman shall give priority to any municipality that demonstrates affordability concerns relating to compliance with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) or the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ). The municipal ombudsman shall publish on the website of the Environmental Protection Agency— general information relating to— the technical assistance referred to in paragraph (2)(A); the financial assistance referred to in paragraph (3)(A); the flexibility referred to in paragraph 3(B); and any resources related to integrated plans developed by the Administrator; and a copy of each permit, order, or judicial consent decree that implements or incorporates an integrated plan. Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 ) is amended by adding at the end the following: 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). 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. . 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 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 an integrated plan.
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