§1296 Determination of priority of projects

Summary

States must decide the order of priority for types of publicly owned wastewater treatment projects inside their borders. The EPA Administrator, after a public hearing, can remove a specific project from a State’s priority list if the project will not meet the law’s enforceable requirements, and the State must then send a revised list. Categories covered include: secondary treatment; more stringent treatment; infiltration and inflow correction; major sewer system rehabilitation; new collector sewers and related parts; new interceptors and related parts; and correction of combined sewer overflows. At least 25% of the federal construction funds given to a State in any fiscal year must be used for the types of projects listed as major sewer rehab, new collectors, new interceptors, and correction of combined sewer overflows, but only if those projects are on the State’s priority list that year and are eligible for funding. Congress’s policy is that federally assisted wastewater projects should be ones the State believes will best protect water quality and public health and meet the law’s requirements.