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Code · STATUTE-COMPILATIONS · Water Infrastructure Improvement Act · Sec. 3

Sec. 3. INTEGRATED PLANS

1,007 words·~5 min read·/statute-compilations/comps-15358/sec-3

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## 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 > > > ###### “(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 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 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.
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Sec. 3
INTEGRATED PLANS
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