§1281a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

If the EPA finds that section 201 grants for a treatment plant add up to more than the plant’s actual construction cost, the extra money must count as the federal share for building a sewage collection system. That can happen only if the collection system was built as part of the same total treatment system and an application for help under section 3102 of title 42 was filed before all the section 201 grants were made but could not be approved because section 3102 had no available funding.

Title 33, §1281a

Navigation and Navigable Waters — Source: USLM XML via OLRC

Notwithstanding any other provision of law, in any case where the Administrator of the Environmental Protection Agency finds that the total of all grants made under section 201 of the Federal Water Pollution Control Act [33 U.S.C. 1281] for the same treatment works exceeds the actual construction costs for such treatment works (as defined in that Act [33 U.S.C. 1251 et seq.]) such excess amount shall be a grant of the Federal share (as defined in that Act) of the cost of construction of a sewage collection system if—

(1)such sewage collection system was constructed as part of the same total treatment system as the treatment works for which such section 201 [33 U.S.C. 1281] grants were approved, and

(2)an application for assistance for the construction of such sewage collection system was filed in accordance with section 3102 of title 42 before all such section 201 grants were made and such grant under section 3102 of title 42 could not be approved due to lack of funding under such section 3102 of title 42.

Notes & Related Subsidiaries

Editorial Notes

References in Text

That Act, meaning the Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1251 of this title and Tables. Section 3102 of title 42, referred to in par. (2), was omitted from the Code pursuant to section 5316 of Title 42, The Public Health and Welfare, which terminated the authority to make grants or loans under that section after Jan. 1, 1975. Codification Section was enacted as part of the Clean Water Act of 1977, Pub. L. 95–217, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

§1281a Total Treatment System Funding