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[Senate Report 111-172]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 355
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-172

======================================================================

 
              SEWAGE OVERFLOW COMMUNITY RIGHT-TO-KNOW ACT

                                _______
                                

                 April 20, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 937]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 937) to amend the Federal Water Pollution 
Control Act to ensure that sewage treatment plants monitor for 
and report discharges of raw sewage, and for other purposes, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                     Objectives of the Legislation

    The purpose of S. 937, the Sewage Overflow Community Right-
to-Know Act, is to provide a uniform, national standard for 
monitoring, reporting, and public notification of municipal 
combined sewer overflows (CSO) and sanitary sewer overflows 
(SSO). The bill would require each publicly owned treatment 
works, that hold an issued, renewed, or modified Federal Water 
Pollution Control Act (Clean Water Act) permit, to institute a 
methodology, technology, or management program for monitoring 
sewer overflows to alert the operator of the treatment works of 
a sewer overflow in a timely manner. S. 937 would also require, 
in the case of a sewer overflow that has the potential to 
affect human health, that the owner or operator of a treatment 
facility notify the public of the overflow as soon as 
practicable and to compile yearly reports on sewer overflows.

                    General Satement and Background

    The bill would require communities to provide the public 
and public health officials with information regarding sewer 
overflows. In 2004, the U.S. Environmental Protection Agency 
(EPA) estimated that up to 75,000 SSO events occur each year in 
the United States, releasing up to 10 billion gallons of 
untreated wastewater. This bill would require monitoring, 
reporting, and notification standards regarding sewage overflow 
events, and would authorize funding for such activities.
    Currently, there is no uniform, national standard for 
notification of combined and sanitary sewer overflows. Current 
Federal notification efforts include:
     Under section 1414 of the Safe Drinking Water Act, 
public water systems are required to notify the persons served 
by the system of any failure to comply with applicable Federal 
or state drinking water standards, the existence of any 
drinking water variance to safe drinking water standards, and 
the presence of any ``unregulated contaminants'' that pose a 
public health threat. The Act also requires public water 
systems to provide written notice and annual reports to Federal 
and State agencies, as well as to the public.
     Section 406 of the Clean Water Act authorizes 
funding for state and local governments to implement monitoring 
and notification programs for some coastal waters. Under this 
provision, the Federal government provides grants to states to 
run such programs.
     The Centers for Disease Control and Prevention 
(CDC) is involved in tracking disease outbreaks. The CDC's 
National Center for Infectious Diseases uses water quality 
sampling and reports of waterborne disease outbreaks to supply 
information on these events.
    Alerting local offcials and the public to discharges of 
pollutants from CSOs and SSOs could help prevent human illness 
from waterborne diseases and pathogens. By providing the public 
and public health officials with this information, appropriate 
action can be taken to protect public health.
    Wastewater infrastructure in the United States is aging and 
in need of important but expensive repairs. These repairs will 
require significant investment to prevent the occurrence of 
sewer overflows. In EPA's most recent Clean Watershed Needs 
Survey, the agency estimated the future capital needs to 
address existing CSOs at $54.8 billion. In a 2004 Report to 
Congress on the Impacts and Control of CSOs and SSOs, EPA also 
estimated that it would require an additional $88.5 billion in 
capital improvements through 2020 to reduce the frequency of 
SSOs.
    In April 1994, EPA issued the Combined Sewer Overflow 
Control Policy (59 Fed. Reg. 18688), which established a 
national framework for control of CSOs through the Clean Water 
Act's permitting program. This policy requires owners and 
operators of combined sewer systems to implement minimum 
technology-based controls that can reduce the prevalence and 
impacts of CSOs without significant engineering studies or 
major construction. These controls include a requirement for 
the public disclosure of CSOs. In 2001, as part of the 
Consolidated Appropriations Act, 2001 (Pub. L. 106-554), 
Congress amended the Clean Water Act to require that permits 
for combined sewer systems conform to the Combined Sewer 
Overflow Control Policy.
    Under existing EPA rules (40 CFR 122.41(1)(6)), NPDES 
permits should establish a process for requiring a permittee to 
report any noncompliance with the permit that may endanger 
human health or the environment. However, these regulations do 
not specifically require public notification of SSOs.
    In 2001, the EPA issued a draft SSO rule that would have 
implemented a formal program for reporting, public 
notification, and recordkeeping for sanitary sewer systems and 
SSOs. However, EPA's draft SSO rule was never finalized, and 
was later withdrawn. No additional proposals for public 
notification of SSOs have been issued.
    The monitoring, notification, and reporting requirements of 
the Sewage Overflow Community Right-to-Know Act are not 
intended to preclude or deny any right of a State, 
municipality, or individual publicly owned treatment works from 
implementing monitoring, notification, or reporting 
requirements that are more stringent or comprehensive than 
those contained in S. 937 or the regulations promulgated by the 
EPA to implement this Act. Accordingly, States, municipalities, 
and individual publicly owned treatment works may adopt or 
enforce any regulation, requirement, or permit condition with 
respect to monitoring, notification, and reporting that is more 
stringent than a regulation, requirement, or permit condition 
issued under the Sewage Overflow Community Right-to-Know Act.
    In addition, the additional monitoring, notification, and 
reporting requirements under S. 937 do not explicitly or 
implicitly authorize SSOs or municipal CSOs outside of the 
existing statutory requirements of the Clean Water Act.
    Finally, the Committee intends that the amendments to the 
Clean Water Act made by the Sewage Overflow Community Right-to-
Know Act will continue to allow for the utilization of the 
Combined Sewer Overflow Control Policy (under Sec. 402(q) of 
the Clean Water Act) to the extent that the monitoring, 
notification, and reporting requirements contained in the 
minimum controls and long term control plan of an individual 
publicly owned treatment works are not inconsistent with the 
monitoring, notification, and reporting requirements of S. 937. 
To the extent that an individual publicly owned treatment 
works' minimum controls or long-term control plan either does 
not include monitoring, notification, or reporting 
requirements, or such monitoring, notification, or reporting 
requirements are inconsistent with the requirements of S. 937, 
the monitoring, notification, or reporting requirements 
contained in S. 937, and the implementing regulations 
promulgated by the EPA shall apply.

                      Section-by-Section Analysis

Section 1. Short title

    This section designates the title of the bill as the 
``Sewage Overflow Community Right-to-Know Act''.

Section. 2. Definitions

    This section amends section 502 of the Federal Water 
Pollution Control Act (33 U.S.C. 1362) to include a definition 
for the term ``treatment works''.

Section 3. Monitoring, reporting, and public notification of sewer 
        overflows

    This section amends section 402 of the Federal Water 
Pollution Control Act by adding a new subsection (s) to provide 
a uniform, national standard for monitoring, reporting, and 
public notification of combined sewer overflows and sanitary 
sewer overflows.
    Subsection (s)(1) defines the terms ``Sanitary Sewer 
Overflow'', ``Sewer Overflow'' and ``Single-Family Residence''.
    The definition of SSO applies only to the requirements of 
this legislation and does not apply to the entire Federal Water 
Pollution Control Act. Further, nothing in this legislation 
affects the extent to which Sanitary or Combined Sewer 
Overflows are prohibited under the Clean Water Act. Sanitary 
Sewer Overflows that reach waters of the U.S. or that violate 
individual permit conditions continue to be prohibited.
    Subsection (s)(2) provides general notice and reporting 
requirements for owners or operators of publicly owned 
treatment works regarding sewer overflow events. After 180 days 
following promulgation of regulations under this Act, any 
issued, renewed or modified permits would require that owners 
or operators of publicly owned treatment works: institute 
monitoring technology to quickly identify sewer overflow; 
notify the public of a sewer overflow with the potential to 
affect human health within 24 hours; immediately notify public 
health authorities and other affected entities of a sewer 
overflow that may imminently and substantially endanger human 
health; report sewer overflows to the Administrator or the 
State on its discharge monitoring report, including overflow 
details, steps to prevent recurrence and steps to mitigate the 
impact of the overflow; and annually report the total number of 
sewer overflows, including details on the volume of wastewater 
released, duration, location, response, and actions taken to 
mitigate the impacts and avoid further future overflows.
    Subsection (s)(3) provides exceptions from notification 
requirements for single-family residences and from the 
reporting requirements for the release of wastewater related to 
preventative maintenance.
    Subsection (s)(4) requires States to provide annual reports 
to EPA summarizing overflows.
    Subsection (s)(5) directs the Administrator, within one 
year, to finalize and issue regulations to implement this 
subsection, including regulations to establish criteria to 
guide assessment of whether an overflow imminently and 
substantially endangers human health and to define the terms 
``feasible'' and ``timely''.
    Subsection (s)(6) authorizes the Administrator to approve 
alternative overflow monitoring and reporting programs if the 
State has in place a legally enforceable notification program 
that is substantially equivalent to the requirements of this 
subsection. If a State submits evidence of a notification 
program 30 days or earlier than the date on which the 
Administrator issues regulations, the requirements under such 
paragraphs do not apply until the Administrator completes 
review of the notification program. The Administrator is 
authorized to withdraw authorization of a State's program if 
after conducting a public hearing, the Administrator determines 
that a State is not administering and enforcing a notification 
program that is substantially equivalent to the requirements 
described in paragraphs (2)(B) and (2)(C) of this subsection.
    Subsection (s)(7) provides that after 30 days following the 
issuance of regulations, the requirements of subparagraphs 
(2)(B) and (2)(C) of this subsection shall apply to the owner 
or operator of a publicly owned treatment works and be subject 
to enforcement under section 309. The requirements of (2)(B) 
and (2)(C) shall supersede any less stringent notification 
requirements and will continue to apply until such date as a 
permit is issued, renewed, or modified under this section.

Section 4. Eligibility for assistance

    This section amends sections 601(a) and 603(c) of the 
Federal Water Pollution Control Act to authorize funding from 
the Clean Water State Revolving Fund to be utilized for 
carrying out monitoring requirements of this Act.

Section 5. Effect of the Act

    This section provides that nothing in this Act shall limit 
the ability of any State to implement or enforce a more 
stringent monitoring or notification standard, nor does it 
authorize any sewer overflow or diminish any other compliance 
obligation.

                          Legislative History

    On April 30, 2009, Senator Lautenberg introduced S. 937, 
which is cosponsored by Senators Whitehouse, Menendez, Boxer, 
Klobuchar, and Merkley. On June 18, 2009, the Committee on 
Environment and Public Works held a business meeting to 
consider the bill, and ordered S. 690 to be reported favorably 
without amendment.
    Representative Bishop [D-NY] introduced companion 
legislation on January 28, 2009, H.R. 753, which has 24 
cosponsors. This legislation was incorporated into H.R. 1262, 
the Water Quality Investment Act of 2009, which passed the 
House of Representatives on March 12, 2009 by a vote of 317-
101. In the 110th Congress, similar legislation was passed by 
voice vote in the House of Representatives on June 23, 2009, 
and reported favorably by the Committee on September 24, 2008.

                                Hearings

    In the 110th Congress, the Subcommittee on Transportation 
Safety, Infrastructure Security, and Water Quality held a 
hearing entitled ``Meeting America's Wastewater Infrastructure 
Needs in the 21st Century'' on September 19, 2007, and a 
hearing entitled ``Protecting Water Quality at America's 
Beaches'' on June 27, 2007, at which sewage overflow issues 
were discussed.

                             Rollcall Votes

    The Committee on Environment and Public Works ordered S. 
937 to be favorably reported by voice vote on June 18, 2009. No 
rollcall votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee, bases on CBO's 
estimate discussed in detail below, that S. 937 would require 
certain Publicly Owned Treatment Works (POTWs) to comply with 
additional requirements.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee finds that this legislation 
does not impose private sector mandates as those terms are 
defined in UMRA. The Congressional Budget Office concurs, 
finding ``This bill contains no new private-sector mandates as 
defined in UMRA.''
    In addition, the Committee notes that according to CBO, S. 
2191 would impose intergovernmental mandates as defined in 
UMRA. The mandates would require certain POTWs to comply with 
additional requirements. CBO estimates that these mandates 
would exceed the threshold established in UMRA ($69 million in 
2009, adjusted annually for inflation).

                  Congressional Budget Office Estimate

                                                     June 25, 2009.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 937, the Sewage 
Overflow Community Right-to-Know Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for federal costs), and Ryan Miller (for the state and 
local impact).
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 937--Sewage Overflow Community Right-to-Know Act

    S. 937 would require owners and operators of publicly owned 
sewage treatment plants to notify federal and state agencies 
and the public in a timely manner of any sewer overflows. Under 
this legislation, the Environmental Protection Agency (EPA) 
would be required to develop regulations establishing 
guidelines for the notifications. The legislation also would 
expand the types of activities that are eligible to receive 
funds from the Clean Water State Revolving Fund.
    Based on information from EPA, CBO estimates that 
implementing this legislation would cost about $1 million in 
2010 and less than $500,000 in subsequent years, subject to the 
availability of appropriations. Enacting the bill would not 
affect direct spending or receipts.
    S. 937 would require treatment plants to comply with a 
number of new requirements. Those requirements are not 
conditions of federal assistance, and consequently, they would 
be intergovernmental mandates as defined in the Unfunded 
Mandates Reform Act (UMRA). Specifically, the bill would 
require water treatment plants to:
           Institute and utilize a monitoring program 
        for sewer overflows, including combined sewer overflows 
        and sanitary sewer overflows;
           Notify the public of a sewer overflow within 
        24 hours;
           Notify public health authorities and other 
        affected entities, such as public water systems, if 
        there is an imminent and substantial risk to human 
        health due to a sewer overflow;
           Provide a report of an overflow to the state 
        or to the Administrator of EPA;
           Report each sewer overflow on the discharge 
        monitoring report to EPA or the treatment plant's 
        state. This report must include the magnitude, cause, 
        and mitigation efforts for the specific overflows; and
           Submit an annual report to EPA or the state 
        on the number of overflows in a calendar year, 
        including the details of magnitude, duration, location, 
        potentially affected receiving waters, and mitigation 
        efforts.
    Without knowing the nature of the regulations that EPA 
would issue as a result of this bill, CBO cannot make a precise 
estimate of the costs of complying with the mandates. Based on 
information from affected entities, however, we estimate that 
such costs would likely exceed the threshold established in 
UMRA ($69 million in 2009, adjusted annually for inflation). 
The bill's new requirements would involve additional personnel 
costs and could necessitate new infrastructure and engineering 
expertise. According to EPA and the National Association of 
Clean Water Agencies, over 16,000 treatment plants operate in 
the United States, and each of those entities could be affected 
by the requirements in S. 937. Infrastructure improvements, if 
required by the regulations, could be particularly expensive. 
Given the large number of affected entities, even a small 
increase in additional costs (less than $4,500 per entity 
annually) would result in costs that exceed the threshold for 
intergovernmental mandates in at least one of the next five 
years. The bill also would expand the types of activities 
eligible to receive funds from the Clean Water State Revolving 
Fund to include the monitoring requirements discussed above.
    This bill contains no new private-sector mandates as 
defined in UMRA.
    The CBO staff contacts for this estimate are Susanne S. 
Mehlman (for federal costs) and Ryan Miller (for the state and 
local impact). This estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.

                    MINORITY VIEWS OF SENATOR INHOFE

    Sanitary Sewer Overflows, or SSOs, are a real concern 
throughout the United States. I agree that S. 937, the ``Sewage 
Overflow Community Right-to-Know Act,'' is well-intentioned in 
its aim to inform the public when there's a potential health 
risk from raw sewage contaminating public spaces. However, 
communities continue to struggle with many other federal 
mandates but lack the financial resources to make necessary 
improvements to their facilities. That is why I oppose this 
bill.
    Congress must recognize that by increasing federal mandates 
without appropriate funding, communities and their residents 
will become increasingly vulnerable to lawsuits and extensive 
rate hikes that will not result in substantially improved water 
quality. I firmly believe that communities want their 
facilities to function properly but they must have the 
financial and technical wherewithal to ensure they do so. The 
populations most vulnerable to new federal regulations tend to 
be lower-income residents in rural communities. Unfortunately, 
this bill does not properly address this disparity.
    This legislation requires the Administrator to define the 
terms ``feasible'' and ``timely'' without Congressional 
direction. The term ``feasible'' should explicitly reflect 
individual needs and constraints of a local community, 
including the local tax base's ability to provide finance, the 
access to adequate technical assistance, other federal 
financial requirements on the particular community (i.e., 
drinking water regulations), and access to federal and state 
funding for compliance. Unless these issues are contemplated by 
the Administrator, the term ``feasible'' will not adequately 
address the hardship on rural and disadvantaged communities as 
a result of unfunded mandates.
    Rather than apply a new federal mandate, Congress should 
instead reauthorize and increase appropriations for the Clean 
Water State Revolving Loan Fund. Moreover, the State Revolving 
Loan Funds should be used strictly for capital improvements and 
not for operations and maintenance, including operations and 
maintenance of a monitoring and reporting program.
                                                   James M. Inhofe.
                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman:

           *       *       *       *       *       *       *

FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *

    Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--
          (1) * * *

           *       *       *       *       *       *       *

    Sec. 402. (a)(1) Except as provided in sections 318 and 404 
of this Act, the Administrator may, after opportunity for 
public hearing, issue a permit for the discharge of any 
pollutant, or combination of pollutants, notwithstanding 
section 301(a), upon condition that such discharge will meet 
either (A) all applicable requirements under sections 301, 302, 
306, 307, 308, and 403 of this Act, or (B) prior to the taking 
of necessary implementing actions relating to all such 
requirements, such conditions as the Administrator determines 
are necessary to carry out the provisions of this Act.
    (2) * * *

           *       *       *       *       *       *       *

    (r) Discharges Incidental to the Normal Operation of 
Recreational Vessels.--No permit shall be required under this 
Act by the Administrator (or a State, in the case of a permit 
program approved under subsection (b)) for the discharge of any 
graywater, bilge water, cooling water, weather deck runoff, oil 
water separator effluent, or effluent from properly functioning 
marine engines, or any other discharge that is incidental to 
the normal operation of a vessel, if the discharge is from a 
recreational vessel.
    (s) Sewer Overflow Monitoring, Reporting, and 
Notifications.--
          (1) Definitions.--In this subsection:
                  (A) Sanitary sewer overflow.--
                          (i) In general.--The term ``sanitary 
                        sewer overflow'' means an overflow, 
                        spill, release, or diversion of 
                        wastewater from a sanitary sewer 
                        system.
                          (ii) Inclusions.--The term ``sanitary 
                        sewer overflow'' includes--
                                  (I) overflows or releases of 
                                wastewater that reach waters of 
                                the United States;
                                  (II) overflows or releases of 
                                wastewater in the United States 
                                that do not reach waters of the 
                                United States; and
                                  (III) wastewater backups into 
                                buildings that are caused by 
                                blockages or flow conditions in 
                                a sanitary sewer other than a 
                                building lateral.
                          (iii) Exclusions.--The term 
                        ``sanitary sewer overflow'' does not 
                        include--
                                  (I) municipal combined sewer 
                                overflows or other discharges 
                                from the combined portion of a 
                                municipal combined storm and 
                                sanitary sewer system; or
                                  (II) wastewater backups into 
                                buildings caused by a blockage 
                                or other malfunction of a 
                                building lateral that is 
                                privately owned.
                  (B) Sewer overflow.--The term ``sewer 
                overflow'' means a sanitary sewer overflow or a 
                municipal combined sewer overflow.
                  (C) Single-family residence.--
                          (i) In general.--The term ``single-
                        family residence'' means an individual 
                        dwelling unit.
                          (ii) Inclusions.--The term ``single-
                        family residence'' includes--
                                  (I) an apartment;
                                  (II) a condominium;
                                  (III) a house; and
                                  (IV) a dormitory.
                  (iii) Exclusions.--The term ``single-family 
                residence'' does not include the common areas 
                of a multidwelling structure.
          (2) General requirements.--After the last day of the 
        180-day period beginning on the date on which 
        regulations are promulgated under paragraph (5), a 
        permit issued, renewed, or modified under this section 
        by the Administrator or the State, as the case may be, 
        for a publicly owned treatment works shall require, at 
        a minimum, beginning on the date of the issuance, 
        modification, or renewal, that the owner or operator of 
        the treatment works--
                  (A) institute and utilize a feasible 
                methodology, technology, or management program 
                for monitoring sewer overflows to alert the 
                owner or operator to the occurrence of a sewer 
                overflow in a timely manner;
                  (B) in the case of a sewer overflow that has 
                the potential to affect human health, notify 
                the public of the overflow as soon as 
                practicable but not later than 24 hours after 
                the time the owner or operator knows of the 
                overflow;
                  (C) in the case of a sewer overflow that may 
                imminently and substantially endanger human 
                health, notify public health authorities and 
                other affected entities, such as public water 
                systems, of the overflow immediately after the 
                owner or operator knows of the overflow;
                  (D) report each sewer overflow on the 
                discharge monitoring report of the owner or 
                operator to the Administrator or the State, as 
                the case may be, by describing--
                          (i) the magnitude, duration, and 
                        suspected cause of the overflow;
                          (ii) the steps taken or planned to 
                        reduce, eliminate, or prevent 
                        recurrence of the overflow; and
                          (iii) the steps taken or planned to 
                        mitigate the impact of the overflow; 
                        and
                  (E) annually report to the Administrator or 
                the State, as the case may be, the total number 
                of sewer overflows in a calendar year, 
                including--
                                  (i) the details of how much 
                                wastewater was released per 
                                incident;
                                  (ii) the duration of each 
                                sewer overflow;
                                  (iii) the location of the 
                                overflow and any potentially 
                                affected receiving waters;
                                  (iv) the responses taken to 
                                clean up the overflow; and
                                  (v) the actions taken to 
                                mitigate impacts and avoid 
                                further sewer overflows at the 
                                site.
          (3) Exceptions.--
                  (A) Notification requirements.--The 
                notification requirements of subparagraphs (B) 
                and (C) of paragraph (2) shall not apply to a 
                sewer overflow that is a wastewater backup into 
                a single-family residence.
                  (B) Reporting requirements.--The reporting 
                requirements of subparagraphs (D) and (E) of 
                paragraph (2) shall not apply to a sewer 
                overflow that is a release of wastewater that 
                occurs in the course of maintenance of the 
                treatment works, is managed consistently with 
                the treatment works' best management practices, 
                and is intended to prevent sewer overflows.
          (4) Report to epa.--Each State shall provide to the 
        Administrator annually a summary of sewer overflows 
        that occurred in the State.
          (5) Rulemaking by epa.--Not later than 1 year after 
        the date of enactment of this subsection, the 
        Administrator, after providing notice and an 
        opportunity for public comment, shall promulgate 
        regulations to implement this subsection, including 
        regulations--
                  (A) to establish a set of criteria to guide 
                the owner or operator of a publicly owned 
                treatment works in--
                          (i) assessing whether a sewer 
                        overflow may imminently and 
                        substantially endanger human health; 
                        and
                          (ii) developing communication 
                        measures that are sufficient to give 
                        notice under subparagraphs (B) and
                  (C) of paragraph (2); and
                  (B) to define the terms ``feasible'' and 
                ``timely'' as those terms apply to paragraph 
                (2)(A), including site specific conditions.
          (6) Approval of state notification programs.--
                  (A) Requests for approval.--
                          (i) In general.--After the date of 
                        promulgation of regulations under 
                        paragraph (5), a State may submit to 
                        the Administrator evidence that the 
                        State has in place a legally 
                        enforceable notification program that 
                        is substantially equivalent to the 
                        requirements of subparagraphs (B) and 
                        (C) of paragraph (2).
                          (ii) Program review and 
                        authorization.--If the evidence 
                        submitted by a State under clause (i) 
                        shows the notification program of the 
                        State to be substantially equivalent to 
                        the requirements of subparagraphs (B) 
                        and (C) of paragraph (2), the 
                        Administrator shall authorize the State 
                        to carry out that program instead of 
                        those requirements.
                          (iii) Factors for determining 
                        substantial equivalency.--In carrying 
                        out a review of a State notification 
                        program under clause (ii), the 
                        Administrator shall take into account--
                                  (I) the scope of sewer 
                                overflows for which 
                                notification is required;
                                  (II) the length of time 
                                during which notification must 
                                be made;
                                  (III) the scope of persons 
                                that must be notified of sewer 
                                overflows;
                                  (IV) the scope of enforcement 
                                activities ensuring that 
                                notifications of sewer 
                                overflows are made; and
                                  (V) such other factors as the 
                                Administrator considers to be 
                                appropriate.
                  (B) Review period.--If a State submits 
                evidence with respect to a notification program 
                under subparagraph (A)(i) on or before the last 
                day of the 30-day period beginning on the date 
                of promulgation of regulations under paragraph 
                (5), the requirements of subparagraphs (B) and 
                (C) of paragraph (2) shall not begin to apply 
                to a publicly owned treatment works located in 
                the State until the date on which the 
                Administrator completes a review of the 
                notification program under subparagraph 
                (A)(ii).
                  (C) Withdrawal of authorization.--If the 
                Administrator, after conducting a public 
                hearing, determines that a State is not 
                administering and enforcing a State 
                notification program authorized under 
                subparagraph (A)(ii) in accordance with the 
                requirements of this paragraph, the 
                Administrator shall so notify the State and, if 
                appropriate corrective action is not taken 
                within a reasonable time, not to exceed 90 
                days, the Administrator shall withdraw 
                authorization of such program and enforce the 
                requirements of subparagraphs (B) and (C) of 
                paragraph (2) with respect to the State.
          (7) Special rules concerning application of 
        notification requirements.--After the last day of the 
        30-day period beginning on the date of promulgation of 
        regulations under paragraph (5), the requirements of 
        subparagraphs (B) and (C) of paragraph (2) shall--
                  (A) apply to the owner or operator of a 
                publicly owned treatment works and be subject 
                to enforcement under section 309; and
                  (B) supersede any notification requirements 
                contained in a permit issued under this section 
                for the treatment works to the extent that the 
                notification requirements are less stringent 
                than the notification requirements of 
                subparagraphs (B) and (C) of paragraph (2), 
                until such date as a permit is issued, renewed, 
                or modified under this section for the 
                treatment works in accordance with paragraph 
                (2).

           *       *       *       *       *       *       *

    Sec. 502. Except as otherwise specifically provided, when 
used in this Act:
          (1) The term ``State water pollution control agency'' 
        means the State agency designated by the Governor 
        having responsibility for enforcing State laws relating 
        to the abatement of pollution.
          (2) * * *

           *       *       *       *       *       *       *

          (26) Treatment works.--The term ``treatment works'' 
        has the meaning given the term in section 212.

           *       *       *       *       *       *       *

        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS.

    (a) General Authority.--Subject to the provisions of this 
title, the Administrator shall make capitalization grants to 
each State for the purpose of establishing a water pollution 
control revolving fund for providing assistance (1) for 
construction of treatment works (as defined in section 212 of 
this Act) which are publicly owned, (2) for implementing a 
management program under section 319,[and ] (3) for developing 
and implementing a conservation and management plan under 
section 320, and (4) for the implementation of requirements to 
monitor for sewer overflows under section 402.

           *       *       *       *       *       *       *

SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Projects Eligible for Assistance.--The amounts of funds 
available to each State water pollution control revolving fund 
shall be used only for providing financial assistance (1) to 
any municipality, intermunicipal, interstate, or State agency 
for construction of publicly owned treatment works (as defined 
in section 212 of this Act), (2) for the implementation of a 
management program established under section 319 of this Act, 
and (3) for development [and] implementation of a conservation 
and management plan under section 320 of this Act, and (4) for 
the implementation of requirements to monitor for sewer 
overflows under section 402. The fund shall be established, 
maintained, and credited with repayments, and the fund balance 
shall be available in perpetuity for providing such financial 
assistance.

           *       *       *       *       *       *       *

                                  
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