Title 33 — Navigation and Navigable WatersRelease 119-73
§1282 Federal share
Title 33 › Chapter CHAPTER 26— - WATER POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER II— - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS › § 1282
Summary
Sets how much of the cost the federal government will pay for building publicly owned wastewater treatment works. For projects funded from money for fiscal years that start after June 30, 1971 and end before October 1, 1984, the federal share is 75% of construction costs (as the Administrator approves). For projects funded from money for fiscal years starting on or after October 1, 1984, the federal share is 55%. A State’s governor may lower that percent across the whole State if the Administrator agrees. The Administrator had to issue rules within 90 days after October 21, 1980, about how to approve those changes, looking at unused State allotments, the State’s need, and available State help. A reduced federal share does not create any new federal obligation or promise to repay the reduced amount. Certain projects keep the 75% rate (for example, projects that already had grants before October 1, 1984, projects under court injunction on that date, and two named Pennsylvania projects) and some innovative treatment projects got higher federal shares: grants made between September 30, 1978 and October 1, 1981 could be 85%, and after September 30, 1981 the federal share for qualifying innovative units is 20 percentage points higher than the regular rate but never above 85%. States must put in at least the same share of nonfederal money for innovative projects as they do for regular projects. The Administrator may also fund the full cost to fix or replace innovative systems (including biodisc equipment) that failed to meet design standards, unless failure was caused by negligence. Applicants with grants approved after January 1, 1971 and before July 1, 1971 can ask to have their federal share increased to the rates above for work that began after July 1, 1971, but only if the same sewage collection system is being built and its cost is higher than the treatment plant’s, and the State certifies groundwater is insufficient unless treated effluent is returned to ground water to acceptable standards. For Puerto Rico, fiscal year 1981 allotments remain available for that year and the next 24 months and, together with prior unobligated amounts, may be used only for Aguadilla, Arecibo, Mayaguez, Carolina, and Camuy Hatillo. Puerto Rico may use those funds to cover the non‑Federal share but must repay the EPA on terms the Administrator and the Governor agree to, including interest set by the Secretary of the Treasury, and agreements must be reached before using the funds. No federal money here may replace local funds already spent. Eligible treatment works are those that meet the criteria in section 1281(g)(5) and can be fully paid from State-available funds.
Full Legal Text
Title 33, §1282
Navigation and Navigable Waters — Source: USLM XML via OLRC
(a)(1)The amount of any grant for treatment works made under this chapter from funds authorized for any fiscal year beginning after June 30, 1971, and ending before October 1, 1984, shall be 75 per centum of the cost of construction thereof (as approved by the Administrator), and for any fiscal year beginning on or after October 1, 1984, shall be 55 per centum of the cost of construction thereof (as approved by the Administrator), unless modified to a lower percentage rate uniform throughout a State by the Governor of that State with the concurrence of the Administrator. Within ninety days after October 21, 1980, the Administrator shall issue guidelines for concurrence in any such modification, which shall provide for the consideration of the unobligated balance of sums allocated to the State under section 1285 of this title, the need for assistance under this subchapter in such State, and the availability of State grant assistance to replace the Federal share reduced by such modification. The payment of any such reduced Federal share shall not constitute an obligation on the part of the United States or a claim on the part of any State or grantee to reimbursement for the portion of the Federal share reduced in any such State. Any grant (other than for reimbursement) made prior to October 18, 1972, from any funds authorized for any fiscal year beginning after June 30, 1971, shall, upon the request of the applicant, be increased to the applicable percentage under this section. Notwithstanding the first sentence of this paragraph, in any case where a primary, secondary, or advanced waste treatment facility or its related interceptors or a project for infiltration-in-flow correction has received a grant for erection, building, acquisition, alteration, remodeling, improvement, extension, or correction before October 1, 1984, all segments and phases of such facility, interceptors, and project for infiltration-in-flow correction shall be eligible for grants at 75 per centum of the cost of construction thereof for any grant made pursuant to a State obligation which obligation occurred before October 1, 1990. Notwithstanding the first sentence of this paragraph, in the case of a project for which an application for a grant under this subchapter has been made to the Administrator before October 1, 1984, and which project is under judicial injunction on such date prohibiting its construction, such project shall be eligible for grants at 75 percent of the cost of construction thereof. Notwithstanding the first sentence of this paragraph, in the case of the Wyoming Valley Sanitary Authority project mandated by judicial order under a proceeding begun prior to October 1, 1984, and a project for wastewater treatment for Altoona, Pennsylvania, such projects shall be eligible for grants at 75 percent of the cost of construction thereof.
(2)The amount of any grant made after September 30, 1978, and before October 1, 1981, for any eligible treatment works or significant portion thereof utilizing innovative or alternative wastewater treatment processes and techniques referred to in section 1281(g)(5) of this title shall be 85 per centum of the cost of construction thereof, unless modified by the Governor of the State with the concurrence of the Administrator to a percentage rate no less than 15 per centum greater than the modified uniform percentage rate in which the Administrator has concurred pursuant to paragraph (1) of this subsection. The amount of any grant made after September 30, 1981, for any eligible treatment works or unit processes and techniques thereof utilizing innovative or alternative wastewater treatment processes and techniques referred to in section 1281(g)(5) of this title shall be a percentage of the cost of construction thereof equal to 20 per centum greater than the percentage in effect under paragraph (1) of this subsection for such works or unit processes and techniques, but in no event greater than 85 per centum of the cost of construction thereof. No grant shall be made under this paragraph for construction of a treatment works in any State unless the proportion of the State contribution to the non-Federal share of construction costs for all treatment works in such State receiving a grant under this paragraph is the same as or greater than the proportion of the State contribution (if any) to the non-Federal share of construction costs for all treatment works receiving grants in such State under paragraph (1) of this subsection.
(3)In addition to any grant made pursuant to paragraph (2) of this subsection, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of any facilities constructed with a grant made pursuant to paragraph (2) if the Administrator finds that such facilities have not met design performance specifications unless such failure is attributable to negligence on the part of any person and if such failure has significantly increased capital or operating and maintenance expenditures. In addition, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has failed to meet design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expenditures.
(4)For the purposes of this section, the term “eligible treatment works” means those treatment works in each State which meet the requirements of section 1281(g)(5) of this title and which can be fully funded from funds available for such purpose in such State.
(b)The amount of the grant for any project approved by the Administrator after January 1, 1971, and before July 1, 1971, for the construction of treatment works, the actual erection, building or acquisition of which was not commenced prior to July 1, 1971, shall, upon the request of the applicant, be increased to the applicable percentage under subsection (a) of this section for grants for treatment works from funds for fiscal years beginning after June 30, 1971, with respect to the cost of such actual erection, building, or acquisition. Such increased amount shall be paid from any funds allocated to the State in which the treatment works is located without regard to the fiscal year for which such funds were authorized. Such increased amount shall be paid for such project only if—
(1)a sewage collection system that is a part of the same total waste treatment system as the treatment works for which such grant was approved is under construction or is to be constructed for use in conjunction with such treatment works, and if the cost of such sewage collection system exceeds the cost of such treatment works, and
(2)the State water pollution control agency or other appropriate State authority certifies that the quantity of available ground water will be insufficient, inadequate, or unsuitable for public use, including the ecological preservation and recreational use of surface water bodies, unless effluents from publicly-owned treatment works after adequate treatment are returned to the ground water consistent with acceptable technological standards.
(c)Notwithstanding any other provision of law, sums allotted to the Commonwealth of Puerto Rico under section 1285 of this title for fiscal year 1981 shall remain available for obligation for the fiscal year for which authorized and for the period of the next succeeding twenty-four months. Such sums and any unobligated funds available to Puerto Rico from allotments for fiscal years ending prior to October 1, 1981, shall be available for obligation by the Administrator of the Environmental Protection Agency only to fund the following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and Camuy Hatillo. These funds may be used by the commonwealth of Puerto Rico to fund the non-Federal share of the costs of such projects. To the extent that these funds are used to pay the non-Federal share, the Commonwealth of Puerto Rico shall repay to the Environmental Protection Agency such amounts on terms and conditions developed and approved by the Administrator in consultation with the Governor of the Commonwealth of Puerto Rico. Agreement on such terms and conditions, including the payment of interest to be determined by the Secretary of the Treasury, shall be reached prior to the use of these funds for the Commonwealth’s non-Federal share. No Federal funds awarded under this provision shall be used to replace local governments funds previously expended on these projects.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1987—Subsec. (a)(1). Pub. L. 100–4, § 202(a), inserted “for any grant made pursuant to a State obligation which obligation occurred before
October 1, 1990” before period at end of last sentence. Pub. L. 100–4, § 202(b), inserted at end “Notwithstanding the first sentence of this paragraph, in the case of a project for which an application for a grant under this subchapter has been made to the Administrator before
October 1, 1984, and which project is under judicial injunction on such date prohibiting its
Construction
, such project shall be eligible for grants at 75 percent of the cost of
Construction
thereof.” Pub. L. 100–4, § 202(c), inserted at end “Notwithstanding the first sentence of this paragraph, in the case of the Wyoming Valley Sanitary Authority project mandated by judicial order under a proceeding begun prior to October 1, 1984, and a project for wastewater treatment for Altoona, Pennsylvania, such projects shall be eligible for grants at 75 percent of the cost of
Construction
thereof.” Subsec. (a)(3). Pub. L. 100–4, § 202(d), inserted at end “In addition, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has failed to meet design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expenditures.” 1982—Subsec. (c). Pub. L. 97–357 added subsec. (c). 1981—Subsec. (a)(1). Pub. L. 97–117, § 7, inserted “and ending before
October 30, 1984,” after “
June 30, 1971,” and “and for any fiscal year beginning on or after
October 1, 1984, shall be 55 per centum of the cost of
Construction
thereof (as approved by the Administrator),” after “(as approved by the Administrator),” and provision that notwithstanding first sentence of this paragraph, in any case where primary, secondary, or advanced waste treatment facility or its related interceptors or a project for infiltration-in-flow correction has received a grant for building, acquisition, etc., before Oct. 1, 1984, all segments and phases be eligible for grants at 75 per centum of the cost of
Construction
. Subsec. (a)(2). Pub. L. 97–117, § 8(a), inserted provision that the amount of any grant made after Sept. 30, 1981, for any eligible treatment works or unit processes or techniques, utilizing innovative or alternative wastewater treatment processes or techniques referred to in section 1281(g)(5) of this title be a percentage of the cost of
Construction
equal to 20 per centum greater than the percentage in effect under par. (1) of this subsection, but in no event greater than 85 per centum of the cost of
Construction
. Subsec. (a)(4). Pub. L. 97–117, § 8(b), struck out “in the fiscal years ending
September 30, 1979,
September 30, 1980, and
September 30, 1981” after “purpose in such State” and provision that excluded from term “eligible treatment works” collector sewers, interceptors, storm or sanitary sewers or the separation thereof, or major sewer rehabilitation. 1980—Subsec. (a)(1). Pub. L. 96–483, § 9(a), inserted provisions relating to modification to a lower percentage rate by the Governor of the State and issuance of guidelines by the Administrator for the concurrence in any such modification. Subsec. (a)(2). Pub. L. 96–483, § 9(b), inserted provision relating to the modification by the Governor of the State to a percentage rate no less than 15 per centum greater than the modified uniform rate in which the Administrator has concurred. 1977—Subsec. (a). Pub. L. 95–217 designated existing provisions as par. (1) and added pars. (2) to (4).
Statutory Notes and Related Subsidiaries
Promulgation of Federal SharesAct
July 9, 1956, ch. 518, § 4, 70 Stat. 507, authorized the Surgeon General to promulgate Federal shares under the Federal Water Pollution Control Grant Program as soon as possible after
July 9, 1956, in the manner specified in the Water Pollution Control Act, act
June 30, 1948, ch. 758, 62 Stat. 1155, and provided that such shares were to be conclusive for the purposes of section 5 of act
June 30, 1948.
Reference
Citations & Metadata
Citation
33 U.S.C. § 1282
Title 33 — Navigation and Navigable Waters
Last Updated
Apr 6, 2026
Release point: 119-73