MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.

SEC. 405. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES. Section 402 is amended by adding at the end thereof the following new subsection: “(p) Municipal and Industrial Stormwater Discharges.— “(1) General rule.—Prior to October 1, 1992, the Administrator or the State (in the case of a permit program approved under section 402 of this Act) shall not require a permit under this section for discharges composed entirely of stormwater. “(2) Exceptions.—Paragraph (1) shall not apply with respect to the following stormwater discharges: “(A) A discharge with respect to which a permit has been issued under this section before the date of the enactment of this subsection. “(B) A discharge associated with industrial activity. “(C) A discharge from a municipal separate storm sewer system serving a population of 250,000 or more. “(D) A discharge from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000. “(E) A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. “(3) Permit requirements.— “(A) Industrial discharges.—Permits for discharges associated with industrial activity shall meet all applicable provisions of this section and section 301. 101 STAT. 70 “(B) Municipal discharge.—Permits for discharges from municipal storm sewers— “(i) may be issued on a system- or jurisdiction-wide basis; “(ii) shall include a requirement to effectively prohibit non-stormwater discharges into the storm sewers; and “(iii) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. “(4) Permit application requirements.— “(A) Industrial and large municipal discharges.— Not later than 2 years after the date of the enactment of this subsection, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraphs (2)(B) and (2)(C). Applications for permits for such discharges shall be filed no later than 3 years after such date of enactment. Not later than 4 years after such date of enactment, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. “(B) Other municipal discharges.— Not later than 4 years after the date of the enactment of this subsection, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraph (2)(D). Applications for permits for such discharges shall be filed no later than 5 years after such date of enactment. Not later than 6 years after such date of enactment, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. “(5) Studies.—The Administrator, in consultation with the States, shall conduct a study for the purposes of— “(A) identifying those stormwater discharges or classes of stormwater discharges for which permits are not required pursuant to paragraphs (1) and (2) of this subsection; “(B) determining, to the maximum extent practicable, the nature and extent of pollutants in such discharges; and “(C) establishing procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water quality. Not later than October 1, 1988, the Administrator shall submit to Congress a report on the results of the study described in subparagraphs (A) and (B). Not later than October 1, 1989, the Administrator shall submit to Congress a report on the results of the study described in subparagraph (C). “(6) Regulations.— Not later than October 1, 1992, the Administrator, in consultation with State and local officials, 101 STAT. 71shall issue regulations (based on the results of the studies conducted under paragraph (5)) which designate stormwater discharges, other than those discharges described in paragraph (2), to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources. The program shall, at a minimum, (A) establish priorities, (B) establish requirements for State stormwater management programs, and (C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate.”.