‘‘(26) COMBINED
SEWER
OVERFLOW.—The 
term ‘combined sewer overflow’ means an overflow, 
spill, release or diversion of wastewater from a com-
bined sanitary system at a point prior to the publicly 
owned treatment works treatment plant. 
‘‘(27) SEWER
OVERFLOW.—The term ‘sewer 
overflow’ means a sanitary sewer overflow or a com-
bined sewer overflow.’’. 
SEC. 4. MONITORING, REPORTING, AND PUBLIC NOTIFICA-
TION OF SEWER OVERFLOWS. 
Section 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) is amended by adding at the end 
the following: 
‘‘(r) SEWER OVERFLOW NOTIFICATIONS.— 
‘‘(1) GENERAL
REQUIREMENTS.—Not later 
than 1 year after the date of enactment of this sub-
section, the owner or operator of a publicly owned 
treatment works (as defined in section 403.3(p) of 
the Code of Federal Regulations, as in effect on 
March 1, 2007) under a permit issued under this 
section— 
‘‘(A) must institute and utilize a method-
ology, technology, or management program that 
will alert the owner or operator to the occur-
rence of a sewer overflow in a timely manner; 
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‘‘(B) must notify the public of a sewer 
overflow in any area where the overflow has the 
potential to affect human health; 
‘‘(C) must notify the public as soon as 
practicable but not later than 24 hours of the 
time the owner or operator becomes aware of 
the overflow; 
‘‘(D) must immediately notify public health 
authorities and other affected entities, such as 
public water systems, of any sewer overflow 
that may imminently and substantially endan-
ger human health; 
‘‘(E) must provide to the Administrator or 
the State in the case of a State that has a per-
mit program approved under this section either 
an oral or electronic report as soon as prac-
ticable within 24 hours of the time the owner 
or operator becomes aware of the overflow; 
‘‘(F) must provide to the Administrator or 
the State, as the case may be, within 5 days of 
the time the owner or operator becomes aware 
of the overflow a written report describing— 
‘‘(i) the magnitude, duration, and sus-
pected cause of the overflow; 
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‘‘(ii) the steps taken or planned to re-
duce, eliminate, and prevent recurrence of 
the overflow; and 
‘‘(iii) the steps taken or planned to 
mitigate the impact of the overflow; 
‘‘(G) must report all sewer overflows to 
waters of the United States on its monthly dis-
charge monitoring report to the Administrator 
or the State, as the case may be; and 
‘‘(H) must report to the Administrator or 
the State, as the case may be, the total number 
of sewer overflows (including sewer overflows 
that do not reach any waters of the United 
States) in a calendar year, including the details 
of how much wastewater was released per inci-
dent, the duration of each sewer overflow, the 
location of the overflow and any potentially af-
fected receiving waters, the responses taken to 
clean up the overflow, and the actions taken to 
mitigate impacts and avoid further sewer over-
flows at the site. 
‘‘(2) REPORT TO EPA.—If a State receives a re-
port under paragraph (1)(H), the State shall report 
to the Administrator annually, in summary, the de-
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tails of reported sewer overflows that occurred in 
that State.’’. 
SEC. 5. ELIGIBILITY FOR ASSISTANCE. 
Section 603(c) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1383(c)) is amended— 
(1) by striking ‘‘and’’ the first place it appears; 
and 
(2) by inserting after ‘‘320 of this Act’’ the fol-
lowing: ‘‘, and (4) for the implementation of require-
ments to monitor, report, and notify the public of 
sewer overflows under section 402’’. 
Æ 
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