H. Rept. 110-723 - 110th Congress (2007-2008)
June 19, 2008, As Reported by the Transportation and Infrastructure Committee

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House Report 110-723 - SEWAGE OVERFLOW COMMUNITY RIGHT-TO-KNOW ACT




[House Report 110-723]
[From the U.S. Government Printing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-723

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



 
              SEWAGE OVERFLOW COMMUNITY RIGHT-TO-KNOW ACT

                                _______
                                

 June 19, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2452]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2452) 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, having considered the same, report favorably thereon 
with amendments and recommend that the bill as amended do pass.

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Sewage Overflow Community Right-to-
Know Act''.

SEC. 2. DEFINITIONS.

  Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end the following:
          ``(25) Sanitary sewer overflow.--The term `sanitary sewer 
        overflow' means an overflow, spill, release, or diversion of 
        wastewater from a sanitary sewer system. Such term does not 
        include municipal combined sewer overflows or other discharges 
        from 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 wastewater backups into 
        buildings that are caused by blockages or flow conditions in a 
        sanitary sewer other than a building lateral.
          ``(26) Treatment works.--The term `treatment works' has the 
        meaning given that term in section 212.''.

SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION 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 one year after 
        the date of enactment of this subsection, the Administrator 
        shall take such action as may be necessary to ensure that each 
        permit issued under this section before, on, or after the date 
        of enactment of this subsection for a publicly owned treatment 
        works shall require, at a minimum, that the owner or operator 
        of the treatment works--
                  ``(A) institute and utilize a feasible methodology, 
                technology, or management program to alert the owner or 
                operator to the occurrence of a sewer overflow in a 
                timely manner;
                  ``(B) notify the public of a sewer overflow as soon 
                as practicable, but not later than 24 hours after the 
                time the owner or operator becomes aware of such 
                overflow, if such overflow has the potential to affect 
                human health, except for overflows that are wastewater 
                backups into single-family residences;
                  ``(C) immediately notify public health authorities 
                and other affected entities, such as public water 
                systems, of any sewer overflow that may imminently and 
                substantially endanger human health, except for 
                overflows that are wastewater backups into single-
                family residences;
                  ``(D) report each sewer overflow (other than 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 overflows) on its 
                monthly discharge monitoring report 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) report to the Administrator or the State, as 
                the case may be, the total number of sewer overflows 
                (other than 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 
                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.
          ``(2) Report to epa.--If a State receives a report under 
        paragraph (1)(E), the State shall report to the Administrator 
        annually, in summary, the details of reported sewer overflows 
        that occurred in that State.
          ``(3) Rulemaking by epa.--Not later than one year after the 
        date of enactment of this subsection, the Administrator shall, 
        after providing notice and the opportunity for public comment, 
        issue regulations to--
                  ``(A) establish a set of criteria to guide owners and 
                operators of publicly owned treatment works in 
                assessing whether a sewer overflow has the potential to 
                affect human health or may imminently and substantially 
                endanger human health; and
                  ``(B) define the terms `feasible' and `timely' as 
                such terms apply to paragraph (1)(A).
          ``(4) Site specific conditions.--The definitions under 
        paragraph (3)(B) shall include site specific conditions.
          ``(5) Definitions.--
                  ``(A) Sewer overflow.--In this subsection, the term 
                `sewer overflow' means a sanitary sewer overflow or a 
                municipal combined sewer overflow.
                  ``(B) Single family residence.--In this subsection, 
                the term `single-family residence' means an individual 
                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 following: ``, and 
        (4) for the implementation of requirements 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 requirements 
        to monitor for sewer overflows under section 402 of this Act''.

SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.

  Nothing in this Act, including any amendment made by this Act, shall 
be construed--
          (1) to limit the ability of any State from implementing and 
        enforcing more stringent monitoring and notification standards 
        than those required by the Federal Water Pollution Control Act 
        (33 U.S.C. 1251 et seq.); or
          (2) to supplant or diminish obligations to comply with all 
        other requirements of the Federal Water Pollution Control Act.

  Amend the title so as to read:

    A bill to amend the Federal Water Pollution Control Act to 
ensure that sewage treatment plants monitor for and report 
discharges of sewage, and for other purposes.

                       Purpose of the Legislation

    H.R. 2452, the ``Sewage Overflow Community Right-to-Know 
Act'', as amended, amends the Federal Water Pollution Control 
Act (``Clean Water Act'') to provide a uniform, national 
standard for monitoring, reporting, and public notification of 
municipal combined sewer overflows and sanitary sewer 
overflows.

                  Background and Need for Legislation

    Municipal wastewater collection systems collect domestic 
sewage and other wastewater from homes and other buildings and 
convey it to wastewater treatment plants for proper treatment 
and disposal. These collection systems and treatment facilities 
are an extensive, valuable, and complex part of the nation's 
infrastructure. Sewage treatment operators perform an important 
job that helps protect the public, and are critical in 
achieving the goals of the Clean Water Act. The collection and 
treatment of domestic sewage and other wastewater is vital to 
the nation's economic and public health and the protection of 
the environment.
    Two types of public sewer systems predominate in the United 
States--combined sewer systems and separate sanitary sewer 
systems. Municipal combined sewer systems utilize a joint-
conveyance for the movement of wastewater (e.g., domestic 
sewage) and stormwater to wastewater treatment facilities. 
Separate sanitary sewer systems have individual (separated) 
conveyances for the movement of domestic sewage and for 
stormwater.

                         COMBINED SEWER SYSTEMS

    Combined sewer systems were among the earliest sewer 
systems constructed in the United States, and were built until 
the first part of the 20th century. During wet weather events 
(e.g., rainfall or snowmelt), the combined volume of wastewater 
and stormwater runoff entering a combined sewer system often 
exceeds its conveyance capacity. To prevent damage to the 
infrastructure during wet weather events, combined sewer 
systems were intentionally designed to flow directly to surface 
waters when their capacity is exceeded, often discharging large 
volumes of untreated or partially treated sewage wastes--an 
estimated 850 billion gallons annually--directly into local 
waters. These discharges are called combined sewer overflows, 
or CSOs.
    CSOs are point source discharges, and are prohibited under 
the Clean Water Act unless authorized by a National Pollutant 
Discharge Elimination System (``NPDES'') permit under section 
402 of the Clean Water Act. Section 402(q) requires that any 
permit issued for the discharge from a combined sewer system 
conform to the Combined Sewer Overflow Control Policy (59 Fed. 
Reg. 18688), dated April 1994, including the implementation of 
the nine minimum controls outlined in the policy and the 
development of a long-term CSO control plan (``long-term 
control plan'').
    Combined sewers are found in 33 States across the United 
States and the District of Columbia. The majority of combined 
sewers are located in communities in the Northeast or Great 
Lakes regions--where much of the oldest water infrastructure in 
the nation is found. However, combined sewer overflows have 
also occurred in the western United States, including the 
States of Washington, Oregon, and California. To eliminate 
combined sewer overflows, communities often must redesign their 
sewer systems to separate sewage flows from stormwater flows or 
provide significant additional capacity to eliminate the 
possibility that combined flows will exceed the limits of the 
infrastructure.

                         SANITARY SEWER SYSTEMS

    Since the first part of the 20th century, municipalities in 
the United States have generally constructed separate sanitary 
and stormwater sewer systems. Sanitary sewer systems are 
specifically designed to carry domestic sewage flows and 
stormwater runoff from precipitation events through different 
conveyances.
    While sanitary sewer systems are designed to separate 
sewage from stormwater, sewer overflows from separated systems 
still may occur. These untreated or partially treated 
discharges from sanitary sewer systems are commonly referred to 
as sanitary sewer overflows, or SSOs.
    Unlike CSOs, which are typically designed with a specific 
outfall for overflows, SSOs can occur at any point in a 
separate sewer system and during dry or wet weather. In its 
2004 Report to Congress on the Impacts and Control of CSOs and 
SSOs (``Report to Congress''), EPA defines SSOs to include 
those overflows that reach waters of the United States, as well 
as overflows out of manholes and onto city streets, sidewalks, 
and other terrestrial locations. EPA estimates that 72 percent 
of all SSOs reach the waters of the United States, but SSOs 
also include overflows that remain entirely within terrestrial 
locations, including streets, parks, and sewage backups into 
buildings and private residences.
    SSOs that reach the waters of the United States are point 
source discharges, and are prohibited under the Clean Water Act 
unless authorized by a NPDES permit under section 402 of the 
Act. In addition, all SSOs, including those that do not reach 
the waters of the United States, may be indicative of improper 
operation and maintenance of the sewer system, and thus may 
violate existing NPDES permit conditions (40 CFR Sec. 122.41 
(2006)).
    SSOs have a variety of causes including sewer line 
blockages, line breaks, or sewer defects that allow excess 
stormwater and groundwater to infiltrate and overload the 
system (also called infiltration and inflow), lapses in sewer 
operation and maintenance, inadequate sewer design and 
construction, power failures, and vandalism.
    When sewage backups are caused by problems in the publicly 
owned portion of a sanitary sewer system, they are considered 
SSOs. Generally speaking, sewage backups that are caused by 
blockages or other malfunctions of privately-owned building 
laterals do not fall within EPA's definition of an SSO.
    EPA estimates that between 23,000 and 75,000 SSOs occur per 
year in the United States, discharging a total volume of three 
to 10 billion gallons per year. According to EPA, this estimate 
does not account for discharges occurring after the headworks 
of the treatment plant or discharges into buildings caused by 
problems in the publicly owned portion of a sanitary sewer 
system, both of which would increase the annual total volume of 
SSOs.
    Individual SSOs can range in volume from one gallon to 
millions of gallons. The majority of SSO events are caused by 
sewer blockages that can occur at any time, but the majority of 
SSO volume appears to be related to events caused by wet 
weather events and excessive inflow and infiltration.

                       IMPACTS OF SEWER OVERFLOWS

    Sewer overflows, whether from municipal combined sewer 
systems or sanitary sewer systems, can pose significant 
environmental impacts, as well as cause or contribute to human 
health impacts.
    According to its 2000 National Water Quality Inventory 
Report, EPA has determined that three pollutants are most often 
associated with impaired waters in the United States--solids, 
pathogens, and nutrients. Under the Clean Water Act, a 
waterbody is impaired if it fails to meet water quality 
standards for a particular use for the water (e.g., drinking, 
fishing, recreation).
    All three pollutants are contained in CSO and SSO 
discharges. Therefore, according to EPA, at a minimum, CSOs and 
SSOs contribute to the loadings of these pollutants in the 
receiving waters where they occur. Although EPA was not able to 
quantify a direct relationship in every State, in those States 
where EPA could identify an assessed segment of a particular 
waterbody located within one mile downstream of a CSO outfall, 
75 percent of these waterbodies were listed as impaired.
    States have identified CSOs and SSOs as the direct or a 
contributing cause of documented environmental impacts, 
including aquatic life impairments, fish kills, shellfish bed 
closures, and continuing discharges of toxic chemicals, such as 
polychlorinated biphenyls (``PCBs'') and other priority 
pollutants.
    In addition, CSOs and SSOs often contain microbial 
pathogens (e.g., bacteria, viruses, and parasites) that cause 
or contribute to human health impacts, including 
gastroenteritis, hepatitis, giardiasis, cryptosporidiosis, 
dysentery, and other gastrointestinal and respiratory diseases, 
and, in rare cases, death. The Centers for Disease Control and 
Prevention estimates that there are 7,100,000 cases of mild to 
moderate, and 560,000 cases of moderate to severe, infectious 
waterborne disease in the United States each year, though 
exactly how many of these are attributable to sewer overflows 
remains uncertain.
    Although the potential for human exposure can come in many 
forms, EPA and public drinking water agencies have expressed 
specific concern about the potential for direct contamination 
of public drinking water sources from sewer overflows. For 
example, EPA has identified 59 CSO outfalls in seven states 
located within one mile upstream of a drinking water intake. 
However, public health authorities are not routinely notified 
of sewer overflows that threaten public health.
    One recent example of the potential for drinking water 
contamination by a sewer overflow occurred in the spring of 
1993, when more than 400,000 people in Milwaukee, Wisconsin, 
were infected by a microscopic parasite, Cryptosporidium 
parvum, which entered the public drinking water supply for the 
city. This outbreak resulted in over 100 deaths. Although the 
exact source of the parasite was not discovered, studies 
suggest that untreated wastewater leaks in the Milwaukee area 
may have discharged the parasite to Lake Michigan, which serves 
as the primary drinking water source for the metropolitan 
region. Although impacts as large as the Milwaukee 
Cryptosporidium outbreak are rare, similar parasitic outbreaks 
have contaminated drinking water sources in other U.S. cities, 
such as Brushy Creek, Texas (1998), Island Park, Idaho (1995), 
Las Vegas, Nevada (1993), Cabool, Missouri (1990), and Braun 
Station, Texas (1985).
    Finally, EPA estimates that CSOs and SSOs cause between 
3,448 and 5,576 individual cases of illness annually from 
direct exposure to pollutants at the nation's recognized 
recreational beaches. Yet, in its 2004 Report to Congress on 
the Impacts and Control of CSOs and SSOs, EPA stated that this 
range underrepresents the likely number of annual illnesses 
(estimated by EPA to be between 1,800,000 and 3,500,000 
individuals annually) attributable to CSO and SSO contamination 
of recreational beaches, and that a significant number of 
additional illnesses not captured in this range occur for 
exposed swimmers at inland and other coastal beaches.

                          PUBLIC NOTIFICATION

    The most reliable way to prevent human illness from 
waterborne diseases and pathogens is to eliminate the potential 
for human exposure to the discharge of pollutants from CSOs and 
SSOs. This can occur either through the elimination of the 
discharge, or, in the event that a release does occur, to 
minimize the potential human contact to pollutants. Currently, 
Federal law does not provide a uniform, national standard for 
public notification of combined and sanitary sewer overflows. 
Public notification of sewer overflows is governed by a variety 
of Federal regulations, state laws, and local initiatives aimed 
at limiting human exposure to discharges.
    Potential human exposure to the pollutants found in sewer 
overflows can occur through several pathways. According to EPA, 
the most common pathways include direct contact with waters 
receiving CSO or SSO discharges, drinking water contaminated by 
sewer discharges, and consuming or handling contaminated fish 
or shellfish. However, humans are also at risk of direct 
exposure to sewer overflows, including sewer backups into 
residential buildings, city streets, and sidewalks.
    The cost of eliminating CSOs and SSOs throughout the nation 
is staggering. The wastewater systems of the United States are 
aging and require significant investment in traditional 
infrastructure and innovative, non-structural infrastructure to 
prevent the occurrence of sewer overflows. In its most recent 
Clean Water Needs Survey (2000), EPA estimated the future 
capital needs to address existing CSOs at $50.6 billion. In 
addition, EPA estimated that it would require an additional 
$88.5 billion in capital improvements to reduce the frequency 
of SSOs caused by wet weather and other conditions (e.g., 
blockages, line breaks, and mechanical/power failures).
    In the 110th Congress, the U.S. House of Representatives 
has approved two bills that originated in the Committee on 
Transportation and Infrastructure--H.R. 720, the Water Quality 
Financing Act and H.R. 569, the Water Quality Investment Act--
to reauthorize appropriations for the construction, repair, and 
rehabilitation of wastewater infrastructure. H.R. 720 
authorizes appropriations of $14 billion over four years for 
the Clean Water State Revolving Fund, which is the primary 
source of Federal funds for wastewater infrastructure. H.R. 569 
authorizes appropriations of $1.7 billion in Federal grants 
over five years to specifically target combined sewers and 
sanitary sewers.
    However, in the event that a release does occur, the most 
effective way to prevent illness is to provide timely and 
adequate public notice to minimize human exposure to 
pollutants.
    Although public notification of sewer overflows is not 
uniformly required, some Federal statutes do provide specific 
requirements for the timely public notification of potential 
human health risks from waterborne contaminants.
    For example, section 1414 of the Safe Drinking Water Act 
requires public water systems 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 
implement notification procedures to ensure that any violation 
of a drinking water standard with potential serious adverse 
effects on human health be made public as soon as practicable, 
but not later than 24 hours after the violation. Finally, the 
Act requires public water systems to provide written notice and 
annual reports to Federal and State agencies, as well as to the 
public.
    Similarly, section 406 of the Clean Water Act authorizes 
funding for state and local governments to implement coastal 
recreational water quality monitoring and notification 
programs. This authority, enacted as part of the Beaches 
Environmental Assessment and Coastal Health (BEACH) Act of 
2000, requires as a Federal grant condition that state and 
local governments identify measures for the prompt 
communication of contamination of coastal water quality, as 
well as measures for the posting of appropriate public notice 
(e.g., beach signs) that the coastal waters fail to meet water 
quality standards.
    Typically, the presence of waterborne contaminants in 
drinking water and surface waters utilized for recreation is 
detected through direct water quality sampling or national 
reports of waterborne illness outbreaks, coordinated through 
the Centers for Disease Control and Prevention's National 
Center for Infectious Diseases. The likelihood for detection of 
potential waterborne contaminants in drinking water and 
recreational waters would dramatically increase if local 
governmental officials and the public were provided with direct 
notification in the event of a sewer overflow, rather than 
waiting for the results of local water sampling or 
epidemiological studies.
    Over the past decade, EPA has taken several administrative 
steps to encourage local governmental agencies, including 
sewerage agencies, to report sewer overflows to Federal and 
State agencies and the public.
    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 (the ``nine minimum 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. The policy does not require any particular methodology 
for notification, but identifies potential methods, including 
posting appropriate notices in affected use areas or public 
places, newspaper, radio, or television news programs, and 
direct mail contact for affected residents. The requirements of 
the control policy are limited to CSOs.
    In 2001, the Clean Water Act was amended to require that 
permits for combined sewer systems conform to the Combined 
Sewer Overflow Control Policy. Section 402(q) of the Clean 
Water Act requires that each permit issued for a discharge from 
a municipal combined sewer system conform to the Combined Sewer 
Overflow Control Policy. This amendment to the Clean Water Act 
was enacted as part of the Consolidated Appropriations Act, 
2001 (Pub. L. 106-554).
    For SSOs, there is no consistent Federal requirement for 
public notification of sewer overflows. Under existing EPA 
regulations (40 CFR 122.41(l)(6)), NPDES permits should 
establish a process for requiring a permittee to report any 
noncompliance with the permit that may endanger health or the 
environment. However, EPA regulations do not specifically 
require notification of the public in the event of a sanitary 
sewer overflows.
    To address this lack of a consistent Federal requirement 
for public notification, in January 2001, EPA issued a draft 
SSO rule that, among other issues, would have implemented a 
formal program for reporting, public notification, and 
recordkeeping for sanitary sewer systems and SSOs.
    This draft rule would have required owners and operators of 
sanitary sewer systems to develop an overflow emergency plan 
describing how the owner or operator would immediately notify 
the public, public health agencies, and other similar entities 
(e.g., drinking water suppliers and beach monitoring 
authorities), of overflows that may imminently and 
substantially endanger human health. In addition, the draft SSO 
rule would have required owners or operators of publicly owned 
treatment works to provide the appropriate Federal or state 
agencies with information on the magnitude, duration, and 
suspected cause of the overflow, as well as actions necessary 
to avoid future overflows.
    EPA's draft SSO rule was never finalized, and was later 
withdrawn. No additional regulatory proposals for public 
notification of SSOs have been issued.

                       Summary of the Legislation


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 the definitions section of the Clean 
Water Act (section 502) to include definitions for the terms 
``sanitary sewer overflows'' and ``treatment works''.
    The definition for ``sanitary sewer overflows'' is modeled 
after the definition for such term in EPA's proposed rule for 
``National Pollutant Discharge Elimination System (NPDES) 
Permit Requirements for Municipal Sanitary Sewer Collection 
Systems, Municipal Satellite Collection Systems, and Sanitary 
Sewer Overflows,'' signed by the Administrator on January 4, 
2001.
    The definition for ``treatment works'' makes the existing 
Clean Water Act definition for the term, found in section 212 
of the Act, applicable to the entire Act.

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

    This section amends section 402 of the Clean Water Act by 
adding a new subsection (r) to provide a uniform, national 
standard for monitoring, reporting, and public notification of 
combined sewer overflows and sanitary sewer overflows. The 
monitoring, notification, and reporting requirements of this 
section are important steps to protect human health and the 
environment by ensuring that public health authorities (and 
other affected entities) and the public are aware of sewer 
overflows, may take steps to avoid contact with overflows, and 
that sewer overflows are addressed in an expedited manner. In 
addition, the availability of comprehensive information on the 
number, frequency, and location of sewer overflows may provide 
additional support for increased investment in the nation's 
water related infrastructure to reduce sewer overflows.
    New subsection (r)(1) requires that, not later than one 
year after the date of enactment of this subsection, the 
Administrator shall take such action as may be necessary to 
ensure that each permit issued under this subsection for a 
publicly owned treatment works shall require, at a minimum, 
that the owner or operator of the treatment works implement the 
monitoring, notification, and reporting requirements described 
in this subsection.
    The Committee intends the term ``publicly owned treatment 
works'' to include those devices and systems included within 
the term ``treatment works'', as defined by section 212 of the 
Act, that are under the ownership or operational control of the 
Federal Government, or a state or a municipality as such terms 
are defined in section 502 of the Act. New subsection (r)(1) 
does not include treatment works that are not owned or under 
the operational control of the Federal Government, a state, or 
a municipality. New subsection (r)(1) also does not require a 
publicly owned treatment works to assume monitoring, 
notification, and reporting responsibility for satellite 
collection systems (portions of a sanitary sewer system) that 
may be connected to, but are not owned or operated by the 
publicly owned treatment works. The Committee notes that EPA's 
draft SSO rule (January 2001) would have included satellite 
collection systems within the scope of its authority. Satellite 
collection systems account for a majority of sanitary sewer 
overflows that occur throughout the nation. Although H.R. 2452 
does not require a publicly owned treatment works to assume 
monitoring, notification, and reporting responsibility for a 
satellite collection system which is not owned or operated by 
the treatment works, the Committee believes that implementation 
of a monitoring, notification, and reporting program for 
satellite collection systems would further the goals of the 
Clean Water Act and the Sewage Overflow Community Right-to-Know 
Act.
    New subsection (r)(1)(A) requires the owner or operator of 
a publicly owned treatment works to institute and utilize a 
feasible methodology, technology, or management program to 
alert the owner or operator of the publicly owned treatment 
works to the occurrence of a sewer overflow in a timely manner.
    The Sewage Overflow Community Right-to-Know Act does not 
define the terms ``feasible'' and ``timely'', but directs the 
Administrator to conduct a formal rulemaking to define such 
terms under new subsection (r)(3). The Committee expects that 
the implementation monitoring methodologies, technologies, or 
management programs that meet the ``feasible'' and ``timely'' 
requirements will be reasonably sufficient to provide the owner 
or operator with actual or constructive knowledge of the 
presence of a sewer overflow.
    The Committee does not intend new subsection (r)(1)(A) to 
require the implementation of a technology-based system at 
every treatment works to monitor for potential sewer overflows, 
but allows individual publicly owned treatment works to utilize 
appropriate methodologies, technologies, or management programs 
that will alert the owner or operator of sewer overflows, 
consistent with the Agency's regulations under new subsection 
(r)(3). The Committee does intend that whatever approved 
methodology, technology, or management program is utilized for 
monitoring, that such methodology, technology, or management 
program is fully-implemented and adequately maintained, funded, 
or staffed, to ensure that the owner or operator is alerted to 
the occurrence of a sewer overflow.
    New subsection (r)(1)(B) and (C) require the owner or 
operator of a publicly owned treatment works to provide notice 
in the event of a sewer overflow. New subsection (r)(1)(B) 
requires owners and operators to notify the public of a sewer 
overflow that has the ``potential to affect human health'' as 
soon as practicable, but not later than 24 hours after the time 
the owner or operator knows of the overflow. New subsection 
(r)(1)(C) requires owners or operators to immediately notify 
public health authorities and other affected entities, such as 
public water systems, of a sewer overflow that may imminently 
and substantially endanger human health.
    The Sewage Overflow Community Right-to-Know Act does not 
define the terms ``potential to affect human health'' or 
``imminently and substantially endanger human health'', but 
directs the Administrator to conduct a formal rulemaking to 
define such terms under new subsection (r)(3). The Committee 
intends that the regulations promulgated by the Environmental 
Protection Agency with respect to notification not preclude 
States, municipalities, or individual publicly owned treatment 
works from adopting more stringent notification requirements 
than called for in H.R. 2452. The Committee intends to provide 
States, municipalities, and individual publicly owned treatment 
works with the maximum amount of flexibility for the adoption 
of individually tailored notification programs, provided that 
such programs meet the minimum standards called for in H.R. 
2452, including any regulations promulgated pursuant to the 
Sewage Overflow Community Right-to-Know Act.
    Both subsections (r)(1)(B) and (r)(1)(C) provide a limited 
exemption from the notice requirement for a sewer overflow that 
is limited to a wastewater backup into a single-family 
residence (as this term is defined in new subsection 
(r)(5)(B)). The Committee has provided this limited exemption 
because, in practice, it is likely that residents of the 
single-family residence will already know of the backup into 
the residence, and in many cases, will likely have provided 
notice to the owner or operator of the publicly owned treatment 
works. The Committee felt that a limited exemption from the 
notice was warranted to avoid the likelihood that the residents 
of the single-family residence will notify the publicly owned 
treatment works, only to be later notified by the same 
treatment works as to the presence of the sewer overflow. This 
exemption, however, does not apply to a sanitary sewer overflow 
or municipal combined sewer overflow that is released outside 
of a single-family residence, or to such overflows in a 
residence that does not meet the definition of a single-family 
residence found in new subsection (r)(5(B). For example, if a 
sewer overflow occurs in a multi-family structure, such as an 
apartment building, condominium, or dormitory, and the overflow 
reaches the common areas of such structure (e.g., a common 
hallway, laundry facility, foyer, or entryway), the owner or 
operator of the treatment works is required to provide notice 
to appropriate persons under subsections (r)(1)(B) and 
(r)(1)(C).
    New subsections (r)(1)(D) and (r)(1)(E) require the owner 
or operator of a publicly owned treatment works to report sewer 
overflows to the Administrator or the State. New subsection 
(r)(1)(D) requires an owner or operator to report each sewer 
overflow on its discharge monitoring report, including 
information on the magnitude, duration, and suspected cause of 
the overflow, the steps taken or planned to reduce, eliminate, 
or prevent the recurrence of the overflow, and the steps taken 
or planned to mitigate the impact of the overflow. New 
subsection (r)(1)(E) requires the owner or operator to report 
the total number of sewer overflows that occur in a calendar 
year, including specific details on the volume of wastewater 
released per incident, the duration of each sewer overflow, the 
location of the overflow and any potentially affected receiving 
waters, the responses taken to clean up the overflow, and any 
actions taken to mitigate the impacts of the overflow and to 
avoid further future overflows at the site.
    Both subsections (r)(1)(D) and (r)(1)(E) provide a limited 
exemption from the reporting requirements for the release of 
wastewater that: (1) occurs in the course of maintenance of the 
treatment works; (2) is managed consistently with the treatment 
works' best management practices; and (3) is intended to 
prevent overflows. The Committee has provided this limited 
exemption to address routine maintenance of sewer systems, such 
as activities to clear our sewer lines. The Committee intends 
this exemption to be read narrowly, that it be limited to 
releases that are both de minimus in terms of both duration and 
volume, and meet all of the requirements listed in the 
exemption. The reporting requirement exemption in both 
subsections (r)(1)(D) and (r)(1)(E) does not include releases 
in connection with a ``bypass'' or ``upset'', as those terms 
are defined in the Code of Federal Regulations (40 CFR 
Sec. 122.41(m) and (n) (2006)).
    New subsection (r)(2) requires individual States to provide 
an annual summary report to the Administrator on sewer 
overflows that occurred within the State.
    New subsection (r)(3) directs the Administrator, within one 
year of the date of enactment of the Sewage Overflow Community 
Right-to-Know Act, to finalize and issue regulations to 
implement new subsection (r), including regulations to provide 
additional clarity on the terms ``feasible'', ``timely'', 
``potential to affect human health'', and ``imminently and 
substantially endanger human health''.
    In defining the term ``feasible'', the Committee expects 
the Administrator to consider: (1) the availability of a 
monitoring technology, methodology, or management program; (2) 
the ability of a technology, methodology, or management program 
to reasonably detect the occurrence of a sewer overflow; (3) 
the cost of implementing the technology, methodology, or 
management program; (4) the designated use of potential 
receiving waters; (5) the proximity of an overflow to a source 
of drinking water or a recreation water; (6) the potential 
public health implications of an overflow to the public, with 
particular emphasis on susceptible populations; (7) the size of 
the publicly owned treatment works (in terms of population 
served and the treatment capacity of the treatment works); (8) 
the nature or quality of pollutants contained in the raw waste 
load of the treatment works wastewater; (9) the frequency, 
volume, and duration of past sewer overflows by a particular 
publicly owned treatment works; and (10) other factors that the 
Administrator considers appropriate.
    In defining the term ``timely'', the Committee expects the 
Administrator to ensure that the owner or operator of the 
publicly owned treatment work has knowledge of the sewer 
overflow as quickly as practicable, depending upon the 
monitoring technology, methodology, or management program 
implemented by the owner or operator, and consistent with the 
public health goals of the Sewage Overflow Community Right-to-
Know Act and goals of the Clean Water Act ``to restore and 
maintain the chemical, and physical, and biological integrity 
of the Nation's waters.''
    New subsection (r)(4) directs the Administrator to include 
site specific conditions within its regulatory definition for 
the terms ``feasible'' and ``timely''.
    New subsection (r)(5) defines the terms ``sewer overflow'' 
and ``single family residence'' as such terms are utilized in 
new subsection (r). The term ``sewer overflow'' is defined to 
include both sanitary sewer overflows (as such term is defined 
in new section 502(25) of the Act), and municipal combined 
sewer overflows.
    The term ``single-family residence'' is defined as an 
individual dwelling unit, including an apartment, condominium, 
house, or dormitory, but specifically excludes common areas 
from multi-dwelling structures. The definition for ``single-
family residence'' is utilized to define the scope of the 
limited exemption for notice of sewer overflows found in 
subsections (r)(1)(B) and (r)(1)(C).

Section 4. Eligibility for assistance

    This section amends sections 601(a) and 606(c) of the Clean 
Water Act to authorize funding from the Clean Water State 
Revolving Fund to be utilized for carrying out the monitoring, 
notification, and reporting requirements of the Sewage Overflow 
Community Right-to-Know Act.

Section 5. Limitation on statutory construction

    This section provides that nothing in this Act, including 
any amendments made by this Act, shall be construed (1) to 
limit the ability of any State from implementing and enforcing 
more stringent monitoring and notification standards than those 
required by the Clean Water Act; or (2) to supplant or diminish 
obligations to comply with all other requirements of the Act.

                           Additional Matters

    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 H.R. 2452 or the regulations promulgated by 
the Environmental Protection Agency 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 the 
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 made by H.R. 2452 do not explicitly or 
implicitly authorize sanitary sewer overflows or municipal 
combined sewer overflows 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 nine 
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 H.R. 
2452. To the extent that an individual publicly owned treatment 
works' nine 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 H.R. 
2452, the monitoring, notification, or reporting requirements 
contained in H.R. 2452, and the implementing regulations 
promulgated by the Environmental Protection Agency shall apply.

            Legislative History and Committee Consideration

    On May 23, 2007, Representative Timothy H. Bishop 
introduced H.R. 2452, the ``Raw Sewage Overflow Community 
Right-to-Know Act''. In the 109th Congress, a similar bill 
(H.R. 1720) was introduced, but no action was taken on that 
legislation.
    On October 16, 2007, the Subcommittee on Water Resources 
and Environment held a hearing on the ``Raw Sewage Overflow 
Community Right-to-Know Act'' in which representatives from the 
Environmental Protection Agency, state and local government 
officials, public health officials, and other stakeholders 
testified on the issue of public notification of sewer 
overflow.
    On May 7, 2008, the Subcommittee on Water Resources and 
Environment met to consider H.R. 2452. The Subcommittee 
adopted, by voice vote, an amendment in the nature of a 
substitute that made several technical and clarifying changes 
to the bill. First, the amendment modified the short title of 
the bill to be the ``Sewage Overflow Community Right-to-Know 
Act''. Second, the amendment deleted section 2 of the 
introduced bill that included legislative findings. Third, the 
amendment made technical changes to the definitions for 
``sanitary sewer overflow'' and ``sewer overflow'', struck the 
definition of ``combined sewer overflow'', and added a 
definition of ``treatment works''. Finally, the amendment 
modified the requirements for monitoring, reporting, and public 
notification of sewer overflows by: (1) adding ``feasible'' and 
``timely'' considerations for implementation of approved 
monitoring methodologies, technologies, and management 
programs; (2) consolidating the notification requirements for 
sewer overflows; (3) creating a narrow exemption for public 
notification of sewer basement backups; and (4) creating a new 
section directing the Environmental Protection Agency to 
conduct a formal rulemaking to define the terms ``feasible'', 
``timely'', ``potential to affect public health'', and 
``imminently and substantially endanger public health''.
    The Subcommittee approved H.R. 2452, as amended, and 
favorably recommended it to the Committee on Transportation and 
Infrastructure by voice vote.
    On May 15, 2008, the Committee on Transportation and 
Infrastructure met in open session, and ordered H.R. 2452, as 
amended, reported to the House by voice vote with a quorum 
present.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with consideration 
of H.R. 2452 or ordering it reported. A motion to order H.R. 
2452, as amended, reported favorably to the House was agreed to 
by voice vote with a quorum present.

                    Committee Oversight and Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
provide a uniform, national standard for monitoring, reporting, 
and public notification of combined sewer overflows and 
sanitary sewer overflows.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 2452 
from the Director of the Congressional Budget Office.
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington. DC, June 11, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2452, a bill to 
amend the Federal Water Pollution Control Act to ensure that 
sewage treatment plants monitor for and report discharges of 
sewage, and for other purposes.
    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 Neil Hood (for the state and 
local impact).
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 2452--A bill to amend the Federal Water Pollution Control Act to 
        ensure that sewage treatment plants monitor for and report 
        discharges of sewage, and for other purposes

    H.R. 2452 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 
2009 and less than $500,000 in subsequent years, subject to the 
availability of appropriations. Enacting the bill would not 
affect direct spending or receipts.
    H.R. 2452 contains several intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA). 
Specifically, the bill would direct EPA to implement new permit 
requirements that would mandate 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 if there are potential effects on human 
        health;
          
 Notify public health authorities and other 
        affected entities, such as public water systems, if 
        there is a potential risk to human health due to a 
        sewer overflow;
          
 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. If a state receives a report under this 
        requirement, that state must submit to EPA a summary of 
        the report.
    Without knowing the precise nature of the regulations that 
EPA would issue as a result of this bill, CBO cannot make a 
precise estimate of the costs of the mandates. Based on 
information from affected entities, however, we estimate that 
the costs of the mandates could exceed the threshold 
established in UMRA. 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 (NACWA), over 
16,000 treatment plants operate in the United States, and each 
of those entities could be affected by the permitting 
requirements in H.R. 2452. Infrastructure changes, 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 ($68 million in 2008, adjusted annually for 
inflation). 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.
    The 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 Neil Hood (for the state and 
local impact). This estimate was approved by Theresa Grillo, 
Assistant Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 2452, the Sewage Overflow Community 
Right-to-Know Act, does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the 
House of Representatives.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2452 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislation Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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




           *       *       *       *       *       *       *
TITLE IV--PERMITS AND LICENSES

           *       *       *       *       *       *       *



            NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

  Sec. 402. (a) * * *

           *       *       *       *       *       *       *

  (r) Sewer Overflow Notifications.--
          (1) General requirements.--Not later than one year 
        after the date of enactment of this subsection, the 
        Administrator shall take such action as may be 
        necessary to ensure that each permit issued under this 
        section before, on, or after the date of enactment of 
        this subsection for a publicly owned treatment works 
        shall require, at a minimum, that the owner or operator 
        of the treatment works--
                  (A) institute and utilize a feasible 
                methodology, technology, or management program 
                to alert the owner or operator to the 
                occurrence of a sewer overflow in a timely 
                manner;
                  (B) notify the public of a sewer overflow as 
                soon as practicable, but not later than 24 
                hours after the time the owner or operator 
                becomes aware of such overflow, if such 
                overflow has the potential to affect human 
                health, except for overflows that are 
                wastewater backups into single-family 
                residences;
                  (C) immediately notify public health 
                authorities and other affected entities, such 
                as public water systems, of any sewer overflow 
                that may imminently and substantially endanger 
                human health, except for overflows that are 
                wastewater backups into single-family 
                residences;
                  (D) report each sewer overflow (other than 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 overflows) on its monthly discharge 
                monitoring report 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) report to the Administrator or the State, 
                as the case may be, the total number of sewer 
                overflows (other than 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 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.
          (2) Report to epa.--If a State receives a report 
        under paragraph (1)(E), the State shall report to the 
        Administrator annually, in summary, the details of 
        reported sewer overflows that occurred in that State.
          (3) Rulemaking by epa.--Not later than one year after 
        the date of enactment of this subsection, the 
        Administrator shall, after providing notice and the 
        opportunity for public comment, issue regulations to--
                  (A) establish a set of criteria to guide 
                owners and operators of publicly owned 
                treatment works in assessing whether a sewer 
                overflow has the potential to affect human 
                health or may imminently and substantially 
                endanger human health; and
                  (B) define the terms ``feasible'' and 
                ``timely'' as such terms apply to paragraph 
                (1)(A).
          (4) Site specific conditions.--The definitions under 
        paragraph (3)(B) shall include site specific 
        conditions.
          (5) Definitions.--
                  (A) Sewer overflow.--In this subsection, the 
                term ``sewer overflow'' means a sanitary sewer 
                overflow or a municipal combined sewer 
                overflow.
                  (B) Single family residence.--In this 
                subsection, the term ``single-family 
                residence'' means an individual dwelling unit, 
                including an apartment, condominium, house, or 
                dormitory. Such term does not include the 
                common areas of a multi-dwelling structure.

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                          GENERAL DEFINITIONS

  Sec. 502. Except as otherwise specifically provided, when 
used in this Act:
          (1) * * *

           *       *       *       *       *       *       *

          (25) Sanitary sewer overflow.--The term ``sanitary 
        sewer overflow'' means an overflow, spill, release, or 
        diversion of wastewater from a sanitary sewer system. 
        Such term does not include municipal combined sewer 
        overflows or other discharges from 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 wastewater backups into buildings that are 
        caused by blockages or flow conditions in a sanitary 
        sewer other than a building lateral.
          (26) Treatment works.--The term ``treatment works'' 
        has the meaning given that 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 of this Act. The fund shall be 
established, maintained, and credited with repayments, and the 
fund balance shall be available in perpetuity for providing 
such financial assistance.

           *       *       *       *       *       *       *