ber of sewer overflows in a calendar year, in-
cluding— 
‘‘(i) the details of how much waste-
water was released per incident; 
‘‘(ii) the duration of each sewer over-
flow; 
‘‘(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 im-
pacts and avoid further sewer overflows at 
the site. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) NOTIFICATION REQUIREMENTS.—The 
notification requirements of paragraphs (1)(B) 
and (1)(C) shall not apply to a sewer overflow 
that is a wastewater backup into a single-family 
residence. 
‘‘(B) REPORTING
REQUIREMENTS.—The 
reporting requirements of paragraphs (1)(D) 
and (1)(E) 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 treat-
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ment works’ best management practices, and is 
intended to prevent sewer overflows. 
‘‘(3) REPORT TO EPA.—Each State shall pro-
vide to the Administrator annually a summary of 
sewer overflows that occurred in the State. 
‘‘(4) RULEMAKING BY EPA.—Not later than one 
year after the date of enactment of this subsection, 
the Administrator, after providing notice and an op-
portunity for public comment, shall issue regulations 
to implement this subsection, including regulations 
to— 
‘‘(A) establish a set of criteria to guide the 
owner or operator of a publicly owned treat-
ment works in— 
‘‘(i) assessing whether a sewer over-
flow has the potential to affect human 
health or may imminently and substan-
tially endanger human health; and 
‘‘(ii) developing communication meas-
ures that are sufficient to give notice 
under paragraphs (1)(B) and (1)(C); and 
‘‘(B) define the terms ‘feasible’ and ‘time-
ly’ as such terms apply to paragraph (1)(A), in-
cluding site specific conditions. 
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‘‘(5) APPROVAL OF STATE NOTIFICATION PRO-
GRAMS.— 
‘‘(A) REQUESTS FOR APPROVAL.— 
‘‘(i) IN GENERAL.—After the date of 
issuance of regulations under paragraph 
(4), a State may submit to the Adminis-
trator evidence that the State has in place 
a legally enforceable notification program 
that is substantially equivalent to or ex-
ceeds the requirements 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 or exceeds the require-
ments of paragraphs (1)(B) and (1)(C), 
the Administrator shall authorize the State 
to carry out such program instead of the 
requirements 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 
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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 
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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), 
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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) SANITARY SEWER OVERFLOW.—The 
term ‘sanitary sewer overflow’ means an over-
flow, spill, release, or diversion of wastewater 
from a sanitary sewer system. Such term does 
not include municipal combined sewer overflows 
or other discharges from the combined portion 
of a municipal combined storm and sanitary 
sewer system and does not include wastewater 
backups into buildings caused by a blockage or 
other malfunction of a building lateral that is 
privately owned. Such term includes overflows 
or releases of wastewater that reach waters of 
the United States, overflows or releases of 
wastewater in the United States that do not 
reach waters of the United States, and waste-
water backups into buildings that are caused by 
blockages or flow conditions in a sanitary sewer 
other than a building lateral. 
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‘‘(B) 
SEWER
OVERFLOW.—The 
term 
‘sewer overflow’ means a sanitary sewer over-
flow or a municipal combined sewer overflow. 
‘‘(C) 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 
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(2) by inserting after ‘‘section 320 of this Act’’ 
the following: ‘‘, and (4) for the implementation of 
requirements to monitor for sewer overflows under 
section 402’’. 
Æ 
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