trator evidence that the State has in place 
a legally enforceable notification program 
that is substantially equivalent to the re-
quirements of paragraphs (1)(B) and 
(1)(C). 
‘‘(ii) PROGRAM REVIEW AND AUTHOR-
IZATION.—If the evidence submitted by a 
State under clause (i) shows the notifica-
tion program of the State to be substan-
tially equivalent to the requirements of 
paragraphs (1)(B) and (1)(C), the Admin-
istrator shall authorize the State to carry 
out such program instead of the require-
ments of paragraphs (1)(B) and (1)(C). 
‘‘(iii) FACTORS
FOR
DETERMINING 
SUBSTANTIAL EQUIVALENCY.—In carrying 
out a review of a State notification pro-
gram under clause (ii), the Administrator 
shall take into account the scope of sewer 
overflows for which notification is required, 
the length of time during which notifica-
tion must be made, the scope of persons 
who must be notified of sewer overflows, 
the scope of enforcement activities ensur-
ing that notifications of sewer overflows
are made, and such other factors as the 
Administrator considers 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 issuance of regulations under paragraph (4), 
the requirements of paragraphs (1)(B) and 
(1)(C) shall not begin to apply to a publicly 
owned treatment works located in the State 
until the date on which the Administrator com-
pletes 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 admin-
istering and enforcing a State notification pro-
gram authorized under subparagraph (A)(ii) in 
accordance with the requirements of this para-
graph, 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 au-
thorization of such program and enforce the re-
quirements of paragraphs (1)(B) and (1)(C) 
with respect to the State. 
‘‘(6) SPECIAL
RULES
CONCERNING
APPLICA-
TION OF NOTIFICATION REQUIREMENTS.—After the 
last day of the 30-day period beginning on the date 
of issuance of regulations under paragraph (4), the 
requirements of paragraphs (1)(B) and (1)(C) 
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 require-
ments contained in a permit issued under this 
section for the treatment works to the extent 
that the notification requirements are less strin-
gent than the notification requirements of para-
graphs (1)(B) and (1)(C), 
until such date as a permit is issued, renewed, or 
modified under this section for the treatment works 
in accordance with paragraph (1). 
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SEWER OVERFLOW.—The term ‘sewer 
overflow’ means a sanitary sewer overflow or a 
municipal combined sewer overflow.
‘‘(B) SINGLE-FAMILY
RESIDENCE.—The 
term ‘single-family residence’ means an indi-
vidual dwelling unit, including an apartment, 
condominium, house, or dormitory. Such term 
does not include the common areas of a multi- 
dwelling structure.’’. 
SEC. 4. ELIGIBILITY FOR ASSISTANCE. 
(a) PURPOSE OF STATE REVOLVING FUND.—Section 
601(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1381(a)) is amended— 
(1) by striking ‘‘and’’ the first place it appears; 
and 
(2) by inserting after ‘‘section 320’’ the fol-
lowing: ‘‘, and (4) for the implementation of require-
ments to monitor for sewer overflows under section 
402’’. 
(b) WATER POLLUTION CONTROL REVOLVING LOAN 
FUNDS.—Section 603(c) of the Federal Water Pollution 
Control Act (33 U.S.C. 1383(c)) is amended— 
(1) by striking ‘‘and’’ the first place it appears; 
and 
(2) by inserting after ‘‘section 320 of this Act’’ 
the following: ‘‘, and (4) for the implementation of