Page:United States Statutes at Large Volume 124.djvu/4154

124 STAT. 4128 PUBLIC LAW 111–378—JAN. 4, 2011 Public Law 111–378 111th Congress An Act To amend the Federal Water Pollution Control Act to clarify Federal responsibility for stormwater pollution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER PROGRAMS. Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323) is amended by adding at the end the following: ‘‘(c) REASONABLE SERVICE CHARGES.— ‘‘(1) IN GENERAL.—For the purposes of this Act, reasonable service charges described in subsection (a) include any reason- able nondiscriminatory fee, charge, or assessment that is— ‘‘(A) based on some fair approximation of the propor- tionate contribution of the property or facility to stormwater pollution (in terms of quantities of pollutants, or volume or rate of stormwater discharge or runoff from the property or facility); and ‘‘(B) used to pay or reimburse the costs associated with any stormwater management program (whether asso- ciated with a separate storm sewer system or a sewer system that manages a combination of stormwater and sanitary waste), including the full range of programmatic and structural costs attributable to collecting stormwater, reducing pollutants in stormwater, and reducing the volume and rate of stormwater discharge, regardless of whether that reasonable fee, charge, or assessment is denominated a tax. ‘‘(2) LIMITATION ON ACCOUNTS.— ‘‘(A) LIMITATION.—The payment or reimbursement of any fee, charge, or assessment described in paragraph (1) shall not be made using funds from any permanent authorization account in the Treasury. ‘‘(B) REIMBURSEMENT OR PAYMENT OBLIGATION OF FED- ERAL GOVERNMENT.—Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government, as described in sub- section (a), shall not be obligated to pay or reimburse any fee, charge, or assessment described in paragraph (1), except to the extent and in an amount provided in advance Jan. 4, 2011 [S. 3481]