PRIA, Government Policy, Made Personal

Summary

Grants for building wastewater treatment works will pay a set share of construction costs. For projects funded with money for fiscal years after June 30, 1971 and before October 1, 1984, the federal share is 75% of approved construction costs. For projects funded for fiscal years on or after October 1, 1984, the federal share is 55%, unless the Governor of a State, with the EPA Administrator’s agreement, lowers that same percentage for the whole State. The EPA Administrator had to issue rules within 90 days after October 21, 1980 about how to approve any such statewide cut, considering unused federal money, the State’s need, and whether the State could make up the reduced federal share. If the federal share is reduced, the United States does not promise to pay the cut amount later, and the State or grantee cannot demand reimbursement for that reduced portion. Grants made before October 18, 1972 can be raised to the applicable percentage if the applicant asks. Certain projects and parts of projects get special 75% treatment if they had federal support or applications before October 1, 1984, or if covered by specific court orders or the Wyoming Valley and Altoona projects. Innovative or alternative treatment projects got higher federal shares: 85% for grants made after September 30, 1978 and before October 1, 1981 (unless the Governor and Administrator agreed to a smaller increase), and after September 30, 1981 the federal share for those innovations is 20 percentage points more than the basic State rate but never above 85%. A State must contribute at least as much of the non-federal share for these innovative projects as it does for regular projects. The EPA Administrator can also pay the full cost to replace or fix innovative-funded facilities or biodisc equipment that fail to meet design standards, if the failure was not caused by negligence and has greatly increased costs. “Eligible treatment works” are those that meet the criteria in section 1281(g)(5) and can be fully funded from funds available in the State. For projects approved after January 1, 1971 and before July 1, 1971 that had not yet started by July 1, 1971, the applicant may request an increase to the percentage in the first paragraph; that increase will be paid from the State’s allocated funds regardless of the fiscal year, but only if the sewage collection system tied to the treatment works is or will be built and costs more than the treatment works, and if the State certifies that groundwater is insufficient or unsuitable without returning treated effluent to the ground. For Puerto Rico, funds allotted for fiscal year 1981 remain available for that fiscal year and the next 24 months. Those funds and any earlier unused allotments may only be used by the EPA to fund the Aguadilla, Arecibo, Mayaguez, Carolina, and Camuy Hatillo systems. Puerto Rico may use these funds to cover its non-Federal share, but must repay the EPA under terms approved by the Administrator after consulting the Governor, including interest set by the Secretary of the Treasury, and must reach that agreement before using the funds. No federal money under this rule may replace local government funds already spent on these projects.

Title 33, §1282

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Amount of grants for treatment works

(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)Amount of grants for construction of treatment works not commenced prior to July 1, 1971

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)Availability of sums allotted to Puerto Rico

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.

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.

§1282 Federal Share

Summary

Title 33, §1282

Notes & Related Subsidiaries

Editorial Notes

Amendments

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Statutory Notes and Related Subsidiaries

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