33 U.S.C. § 1288 — Areawide waste treatment management

Page 432 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1288 § 1288. Areawide waste treatment management (a) Identification and designation of areas hav- ing substantial water quality control prob- lems For the purpose of encouraging and facili- tating the development and implementation of areawide waste treatment management plans— (1) The Administrator, within ninety days after October 18, 1972, and after consultation with appropriate Federal, State, and local au- thorities, shall by regulation publish guide- lines for the identification of those areas which, as a result of urban-industrial con- centrations or other factors, have substantial water quality control problems. (2) The Governor of each State, within sixty days after publication of the guidelines issued pursuant to paragraph (1) of this subsection, shall identify each area within the State which, as a result of urban-industrial con- centrations or other factors, has substantial water quality control problems. Not later than one hundred and twenty days following such identification and after consultation with ap- propriate elected and other officials of local governments having jurisdiction in such areas, the Governor shall designate (A) the bound- aries of each such area, and (B) a single rep- resentative organization, including elected of- ficials from local governments or their des- ignees, capable of developing effective areawide waste treatment management plans for such area. The Governor may in the same manner at any later time identify any addi- tional area (or modify an existing area) for which he determines areawide waste treat- ment management to be appropriate, des- ignate the boundaries of such area, and des- ignate an organization capable of developing effective areawide waste treatment manage- ment plans for such area. (3) With respect to any area which, pursuant to the guidelines published under paragraph (1) of this subsection, is located in two or more States, the Governors of the respective States shall consult and cooperate in carrying out the provisions of paragraph (2), with a view to- ward designating the boundaries of the inter- state area having common water quality con- trol problems and for which areawide waste treatment management plans would be most effective, and toward designating, within one hundred and eighty days after publication of guidelines issued pursuant to paragraph (1) of this subsection, of a single representative or- ganization capable of developing effective areawide waste treatment management plans for such area. (4) If a Governor does not act, either by des- ignating or determining not to make a des- ignation under paragraph (2) of this sub- section, within the time required by such paragraph, or if, in the case of an interstate area, the Governors of the States involved do not designate a planning organization within the time required by paragraph (3) of this sub- section, the chief elected officials of local gov- ernments within an area may by agreement designate (A) the boundaries for such an area, and (B) a single representative organization including elected officials from such local gov- ernments, or their designees, capable of devel- oping an areawide waste treatment manage- ment plan for such area. (5) Existing regional agencies may be des- ignated under paragraphs (2), (3), and (4) of this subsection. (6) The State shall act as a planning agency for all portions of such State which are not designated under paragraphs (2), (3), or (4) of this subsection. (7) Designations under this subsection shall be subject to the approval of the Adminis- trator. (b) Planning process (1)(A) Not later than one year after the date of designation of any organization under sub- section (a) of this section such organization shall have in operation a continuing areawide waste treatment management planning process consistent with section 1281 of this title. Plans prepared in accordance with this process shall contain alternatives for waste treatment man- agement, and be applicable to all wastes gen- erated within the area involved. The initial plan prepared in accordance with such process shall be certified by the Governor and submitted to the Administrator not later than two years after the planning process is in operation. (B) For any agency designated after 1975 under subsection (a) of this section and for all portions of a State for which the State is required to act as the planning agency in accordance with sub- section (a)(6), the initial plan prepared in ac- cordance with such process shall be certified by the Governor and submitted to the Adminis- trator not later than three years after the re- ceipt of the initial grant award authorized under subsection (f) of this section. (2) Any plan prepared under such process shall include, but not be limited to— (A) the identification of treatment works necessary to meet the anticipated municipal and industrial waste treatment needs of the area over a twenty-year period, annually up- dated (including an analysis of alternative waste treatment systems), including any re- quirements for the acquisition of land for treatment purposes; the necessary waste water collection and urban storm water runoff sys- tems; and a program to provide the necessary financial arrangements for the development of such treatment works, and an identification of open space and recreation opportunities that can be expected to result from improved water quality, including consideration of potential use of lands associated with treatment works and increased access to water-based recre- ation; (B) the establishment of construction prior- ities for such treatment works and time sched- ules for the initiation and completion of all treatment works; (C) the establishment of a regulatory pro- gram to— (i) implement the waste treatment man- agement requirements of section 1281(c) of this title, (ii) regulate the location, modification, and construction of any facilities within Page 433 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1288 such area which may result in any discharge in such area, and (iii) assure that any industrial or commer- cial wastes discharged into any treatment works in such area meet applicable pretreatment requirements; (D) the identification of those agencies nec- essary to construct, operate, and maintain all facilities required by the plan and otherwise to carry out the plan; (E) the identification of the measures nec- essary to carry out the plan (including financ- ing), the period of time necessary to carry out the plan, the costs of carrying out the plan within such time, and the economic, social, and environmental impact of carrying out the plan within such time; (F) a process to (i) identify, if appropriate, agriculturally and silviculturally related nonpoint sources of pollution, including re- turn flows from irrigated agriculture, and their cumulative effects, runoff from manure disposal areas, and from land used for live- stock and crop production, and (ii) set forth procedures and methods (including land use requirements) to control to the extent feasible such sources; (G) a process to (i) identify, if appropriate, mine-related sources of pollution including new, current, and abandoned surface and un- derground mine runoff, and (ii) set forth proce- dures and methods (including land use require- ments) to control to the extent feasible such sources; (H) a process to (i) identify construction ac- tivity related sources of pollution, and (ii) set forth procedures and methods (including land use requirements) to control to the extent fea- sible such sources; (I) a process to (i) identify, if appropriate, salt water intrusion into rivers, lakes, and es- tuaries resulting from reduction of fresh water flow from any cause, including irrigation, ob- struction, ground water extraction, and diver- sion, and (ii) set forth procedures and methods to control such intrusion to the extent fea- sible where such procedures and methods are otherwise a part of the waste treatment man- agement plan; (J) a process to control the disposition of all residual waste generated in such area which could affect water quality; and (K) a process to control the disposal of pol- lutants on land or in subsurface excavations within such area to protect ground and surface water quality. (3) Areawide waste treatment management plans shall be certified annually by the Gov- ernor or his designee (or Governors or their des- ignees, where more than one State is involved) as being consistent with applicable basin plans and such areawide waste treatment manage- ment plans shall be submitted to the Adminis- trator for his approval. (4)(A) Whenever the Governor of any State de- termines (and notifies the Administrator) that consistency with a statewide regulatory pro- gram under section 1313 of this title so requires, the requirements of clauses (F) through (K) of paragraph (2) of this subsection shall be devel- oped and submitted by the Governor to the Ad- ministrator for approval for application to a class or category of activity throughout such State. (B) Any program submitted under subpara- graph (A) of this paragraph which, in whole or in part, is to control the discharge or other place- ment of dredged or fill material into the navi- gable waters shall include the following: (i) A consultation process which includes the State agency with primary jurisdiction over fish and wildlife resources. (ii) A process to identify and manage the dis- charge or other placement of dredged or fill material which adversely affects navigable wa- ters, which shall complement and be coordi- nated with a State program under section 1344 of this title conducted pursuant to this chap- ter. (iii) A process to assure that any activity conducted pursuant to a best management practice will comply with the guidelines estab- lished under section 1344(b)(1) of this title, and sections 1317 and 1343 of this title. (iv) A process to assure that any activity conducted pursuant to a best management practice can be terminated or modified for cause including, but not limited to, the fol- lowing: (I) violation of any condition of the best management practice; (II) change in any activity that requires either a temporary or permanent reduction or elimination of the discharge pursuant to the best management practice. (v) A process to assure continued coordina- tion with Federal and Federal-State water-re- lated planning and reviewing processes, in- cluding the National Wetlands Inventory. (C) If the Governor of a State obtains approval from the Administrator of a statewide regu- latory program which meets the requirements of subparagraph (B) of this paragraph and if such State is administering a permit program under section 1344 of this title, no person shall be re- quired to obtain an individual permit pursuant to such section, or to comply with a general per- mit issued pursuant to such section, with re- spect to any appropriate activity within such State for which a best management practice has been approved by the Administrator under the program approved by the Administrator pursu- ant to this paragraph. (D)(i) Whenever the Administrator determines after public hearing that a State is not admin- istering a program approved under this section in accordance with the requirements of this sec- tion, the Administrator shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such pro- gram unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal. (ii) In the case of a State with a program sub- mitted and approved under this paragraph, the Administrator shall withdraw approval of such program under this subparagraph only for a sub- Page 434 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1288 1 So in original. Probably should be ‘‘designated’’. stantial failure of the State to administer its program in accordance with the requirements of this paragraph. (c) Regional operating agencies (1) The Governor of each State, in consulta- tion with the planning agency designated under subsection (a) of this section, at the time a plan is submitted to the Administrator, shall des- ignate one or more waste treatment manage- ment agencies (which may be an existing or newly created local, regional, or State agency or political subdivision) for each area designated under subsection (a) of this section and submit such designations to the Administrator. (2) The Administrator shall accept any such designation, unless, within 120 days of such des- ignation, he finds that the designated manage- ment agency (or agencies) does not have ade- quate authority— (A) to carry out appropriate portions of an areawide waste treatment management plan developed under subsection (b) of this section; (B) to manage effectively waste treatment works and related facilities serving such area in conformance with any plan required by sub- section (b) of this section; (C) directly or by contract, to design and construct new works, and to operate and maintain new and existing works as required by any plan developed pursuant to subsection (b) of this section; (D) to accept and utilize grants, or other funds from any source, for waste treatment management purposes; (E) to raise revenues, including the assess- ment of waste treatment charges; (F) to incur short- and long-term indebted- ness; (G) to assure in implementation of an areawide waste treatment management plan that each participating community pays its proportionate share of treatment costs; (H) to refuse to receive any wastes from any municipality or subdivision thereof, which does not comply with any provisions of an ap- proved plan under this section applicable to such area; and (I) to accept for treatment industrial wastes. (d) Conformity of works with area plan After a waste treatment management agency having the authority required by subsection (c) has been designated under such subsection for an area and a plan for such area has been ap- proved under subsection (b) of this section, the Administrator shall not make any grant for con- struction of a publicly owned treatment works under section 1281(g)(1) of this title within such area except to such designated agency and for works in conformity with such plan. (e) Permits not to conflict with approved plans No permit under section 1342 of this title shall be issued for any point source which is in con- flict with a plan approved pursuant to sub- section (b) of this section. (f) Grants (1) The Administrator shall make grants to any agency designated under subsection (a) of this section for payment of the reasonable costs of developing and operating a continuing areawide waste treatment management plan- ning process under subsection (b) of this section. (2) For the two-year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and oper- ating a continuing areawide waste treatment management planning process under subsection (b) of this section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each succeeding one- year period. In the case of any other grant made to an agency under such paragraph (1) of this subsection, the amount of such grant shall not exceed 75 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process in any year. (3) Each applicant for a grant under this sub- section shall submit to the Administrator for his approval each proposal for which a grant is applied for under this subsection. The Adminis- trator shall act upon such proposal as soon as practicable after it has been submitted, and his approval of that proposal shall be deemed a con- tractual obligation of the United States for the payment of its contribution to such proposal, subject to such amounts as are provided in ap- propriation Acts. There is authorized to be ap- propriated to carry out this subsection not to exceed $50,000,000 for the fiscal year ending June 30, 1973, not to exceed $100,000,000 for the fiscal year ending June 30, 1974, not to exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 1975, September 30, 1977, Sep- tember 30, 1978, September 30, 1979, and Sep- tember 30, 1980, not to exceed $100,000,000 per fis- cal year for the fiscal years ending September 30, 1981, and September 30, 1982, and such sums as may be necessary for fiscal years 1983 through 1990. (g) Technical assistance by Administrator The Administrator is authorized, upon request of the Governor or the designated planning agency, and without reimbursement, to consult with, and provide technical assistance to, any agency designated under subsection (a) of this section in the development of areawide waste treatment management plans under subsection (b) of this section. (h) Technical assistance by Secretary of the Army (1) The Secretary of the Army, acting through the Chief of Engineers, in cooperation with the Administrator is authorized and directed, upon request of the Governor or the designated plan- ning organization, to consult with, and provide technical assistance to, any agency designed 1 under subsection (a) of this section in devel- oping and operating a continuing areawide waste treatment management planning process under subsection (b) of this section. (2) There is authorized to be appropriated to the Secretary of the Army, to carry out this subsection, not to exceed $50,000,000 per fiscal Page 435 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1288 year for the fiscal years ending June 30, 1973, and June 30, 1974. (i) State best management practices program (1) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall, upon request of the Governor of a State, and without reimburse- ment, provide technical assistance to such State in developing a statewide program for submis- sion to the Administrator under subsection (b)(4)(B) of this section and in implementing such program after its approval. (2) There is authorized to be appropriated to the Secretary of the Interior $6,000,000 to com- plete the National Wetlands Inventory of the United States, by December 31, 1981, and to pro- vide information from such Inventory to States as it becomes available to assist such States in the development and operation of programs under this chapter. (j) Agricultural cost sharing (1) The Secretary of Agriculture, with the con- currence of the Administrator, and acting through the Soil Conservation Service and such other agencies of the Department of Agriculture as the Secretary may designate, is authorized and directed to establish and administer a pro- gram to enter into contracts, subject to such amounts as are provided in advance by appro- priation acts, of not less than five years nor more than ten years with owners and operators having control of rural land for the purpose of installing and maintaining measures incor- porating best management practices to control nonpoint source pollution for improved water quality in those States or areas for which the Administrator has approved a plan under sub- section (b) of this section where the practices to which the contracts apply are certified by the management agency designated under sub- section (c)(1) of this section to be consistent with such plans and will result in improved water quality. Such contracts may be entered into during the period ending not later than September 31, 1988. Under such contracts the land owner or operator shall agree— (i) to effectuate a plan approved by a soil conservation district, where one exists, under this section for his farm, ranch, or other land substantially in accordance with the schedule outlined therein unless any requirement thereof is waived or modified by the Sec- retary; (ii) to forfeit all rights to further payments or grants under the contract and refund to the United States all payments and grants re- ceived thereunder, with interest, upon his vio- lation of the contract at any stage during the time he has control of the land if the Sec- retary, after considering the recommendations of the soil conservation district, where one ex- ists, and the Administrator, determines that such violation is of such a nature as to war- rant termination of the contract, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the contract; (iii) upon transfer of his right and interest in the farm, ranch, or other land during the con- tract period to forfeit all rights to further payments or grants under the contract and re- fund to the United States all payments or grants received thereunder, with interest, un- less the transferee of any such land agrees with the Secretary to assume all obligations of the contract; (iv) not to adopt any practice specified by the Secretary on the advice of the Adminis- trator in the contract as a practice which would tend to defeat the purposes of the con- tract; (v) to such additional provisions as the Sec- retary determines are desirable and includes in the contract to effectuate the purposes of the program or to facilitate the practical ad- ministration of the program. (2) In return for such agreement by the land- owner or operator the Secretary shall agree to provide technical assistance and share the cost of carrying out those conservation practices and measures set forth in the contract for which he determines that cost sharing is appropriate and in the public interest and which are approved for cost sharing by the agency designated to imple- ment the plan developed under subsection (b) of this section. The portion of such cost (including labor) to be shared shall be that part which the Secretary determines is necessary and appro- priate to effectuate the installation of the water quality management practices and measures under the contract, but not to exceed 50 per cen- tum of the total cost of the measures set forth in the contract; except the Secretary may in- crease the matching cost share where he deter- mines that (1) the main benefits to be derived from the measures are related to improving off- site water quality, and (2) the matching share requirement would place a burden on the land- owner which would probably prevent him from participating in the program. (3) The Secretary may terminate any contract with a landowner or operator by mutual agree- ment with the owner or operator if the Sec- retary determines that such termination would be in the public interest, and may agree to such modification of contracts previously entered into as he may determine to be desirable to carry out the purposes of the program or facili- tate the practical administration thereof or to accomplish equitable treatment with respect to other conservation, land use, or water quality programs. (4) In providing assistance under this sub- section the Secretary will give priority to those areas and sources that have the most significant effect upon water quality. Additional investiga- tions or plans may be made, where necessary, to supplement approved water quality management plans, in order to determine priorities. (5) The Secretary shall, where practicable, enter into agreements with soil conservation districts, State soil and water conservation agencies, or State water quality agencies to ad- minister all or part of the program established in this subsection under regulations developed by the Secretary. Such agreements shall provide for the submission of such reports as the Sec- retary deems necessary, and for payment by the United States of such portion of the costs in- curred in the administration of the program as the Secretary may deem appropriate. Page 436 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1288 (6) The contracts under this subsection shall be entered into only in areas where the manage- ment agency designated under subsection (c)(1) of this section assures an adequate level of par- ticipation by owners and operators having con- trol of rural land in such areas. Within such areas the local soil conservation district, where one exists, together with the Secretary of Agri- culture, will determine the priority of assist- ance among individual land owners and opera- tors to assure that the most critical water qual- ity problems are addressed. (7) The Secretary, in consultation with the Ad- ministrator and subject to section 1314(k) of this title, shall, not later than September 30, 1978, promulgate regulations for carrying out this subsection and for support and cooperation with other Federal and non-Federal agencies for im- plementation of this subsection. (8) This program shall not be used to authorize or finance projects that would otherwise be eli- gible for assistance under the terms of Public Law 83–566 [16 U.S.C. 1001 et seq.]. (9) There are hereby authorized to be appro- priated to the Secretary of Agriculture $200,000,000 for fiscal year 1979, $400,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981, $100,000,000 for fiscal year 1982, and such sums as may be necessary for fiscal years 1983 through 1990, to carry out this subsection. The program authorized under this subsection shall be in ad- dition to, and not in substitution of, other pro- grams in such area authorized by this or any other public law. (June 30, 1948, ch. 758, title II, § 208, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L. 95–217, §§ 4(e), 31, 32, 33(a), 34, 35, Dec. 27, 1977, 91 Stat. 1566, 1576–1579; Pub. L. 96–483, § 1(d), (e), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(d), (e), Feb. 4, 1987, 101 Stat. 9.) Editorial Notes REFERENCES IN TEXT Public Law 83–566, referred to in subsec. (j)(8), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Water- shed Protection and Flood Prevention Act, which is classified principally to chapter 18 (§ 1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables. AMENDMENTS 1987—Subsec. (f)(3). Pub. L. 100–4, § 101(d), struck out ‘‘and’’ after ‘‘1974,’’ and ‘‘1980,’’ and inserted ‘‘, and such sums as may be necessary for fiscal years 1983 through 1990’’ after ‘‘1982’’. Subsec. (j)(9). Pub. L. 100–4, § 101(e), struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘and such sums as may be necessary for fiscal years 1983 through 1990,’’ after ‘‘1982,’’. 1980—Subsec. (f)(3). Pub. L. 96–483, § 1(d), inserted au- thorization of not to exceed $100,000,000 per fiscal year for fiscal years ending Sept. 30, 1981 and 1982. Subsec. (j)(9). Pub. L. 96–483, § 1(e), inserted reference to authorization of $100,000,000 for each of fiscal years 1981 and 1982. 1977—Subsec. (b)(1). Pub. L. 95–217, § 31(a), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (b)(2)(A). Pub. L. 95–217, § 32, inserted ‘‘, and an identification of open space and recreation opportu- nities that can be expected to result from improved water quality, including consideration of potential use of lands associated with treatment works and increased access to water-based recreation’’ after ‘‘development of such treatment works’’. Subsec. (b)(2)(F). Pub. L. 95–217, § 33(a), substituted ‘‘sources of pollution, including return flows from irri- gated agriculture, and their cumulative effects,’’ for ‘‘sources of pollution, including’’. Subsec. (b)(4). Pub. L. 95–217, § 34(a), designated exist- ing provisions as subpar. (A), substituted ‘‘to the Ad- ministrator for approval for application to a class or category of activity throughout such State’’ for ‘‘to the Administrator for application to all regions within such State’’, and added subpars. (B) to (D). Subsec. (f)(2). Pub. L. 95–217, § 31(b), substituted ‘‘For the two-year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and operating a continuing areawide waste treatment man- agement planning process under subsection (b) of this section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each succeeding one-year period’’ for ‘‘The amount granted to any agency under paragraph (1) of this sub- section shall be 100 per centum of the costs of devel- oping and operating a continuing areawide waste treat- ment management planning process under subsection (b) of this section for each of the fiscal years ending on June 30, 1973, June 30, 1974, and June 30, 1975, and shall not exceed 75 per centum of such costs in each suc- ceeding fiscal year’’ and inserted ‘‘In the case of any other grant made to an agency under such paragraph (1) of this subsection, the amount of such grant shall not exceed 75 per centum of the costs of developing and operating a continuing areawide waste treatment man- agement planning process in any year.’’ Subsec. (f)(3). Pub. L. 95–217, §§ 4(e), 31(c), substituted ‘‘and not to exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 1975, September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980’’ for ‘‘and not to exceed $150,000,000 for the fiscal year ending June 30, 1975’’ and inserted ‘‘subject to such amounts as are provided in appropriation Acts’’ after ‘‘contractual obligation of the United States for the payment of its contribution to such proposal’’. Subsec. (i). Pub. L. 95–217, § 34(b), added subsec. (i). Subsec. (j). Pub. L. 95–217, § 35, added subsec. (j). Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart- ment, relating to compliance with this chapter with re- spect to pre-construction, construction, and initial op- eration of transportation system for Canadian and Alaskan natural gas were transferred to the Federal In- spector, Office of Federal Inspector for the Alaska Nat- ural Gas Transportation System, until the first anni- versary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. Page 437 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1292 § 1289. Basin planning (a) Preparation of Level B plans The President, acting through the Water Re- sources Council, shall, as soon as practicable, prepare a Level B plan under the Water Re- sources Planning Act [42 U.S.C. 1962 et seq.] for all basins in the United States. All such plans shall be completed not later than January 1, 1980, except that priority in the preparation of such plans shall be given to those basins and portions thereof which are within those areas designated under paragraphs (2), (3), and (4) of subsection (a) of section 1288 of this title. (b) Reporting requirements The President, acting through the Water Re- sources Council, shall report annually to Con- gress on progress being made in carrying out this section. The first such report shall be sub- mitted not later than January 31, 1973. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section not to exceed $200,000,000. (June 30, 1948, ch. 758, title II, § 209, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843.) Editorial Notes REFERENCES IN TEXT The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244, which is classified generally to chapter 19B (§ 1962 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1962 of Title 42 and Tables. § 1290. Annual survey The Administrator shall annually make a sur- vey to determine the efficiency of the operation and maintenance of treatment works con- structed with grants made under this chapter, as compared to the efficiency planned at the time the grant was made. The results of such annual survey shall be included in the report required under section 1375(a) of this title. (June 30, 1948, ch. 758, title II, § 210, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L. 105–362, title V, § 501(d)(2)(D), Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(D). See 1998 Amendment note below. 1998—Pub. L. 105–362, § 501(d)(2)(D), which directed the substitution of ‘‘shall be reported to Congress not later than 90 days after the date of convening of each session of Congress’’ for ‘‘shall be included in the report re- quired under section 1375(a) of this title’’, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amend- ment note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title. § 1291. Sewage collection systems (a) Existing and new systems No grant shall be made for a sewage collection system under this subchapter unless such grant (1) is for replacement or major rehabilitation of an existing collection system and is necessary to the total integrity and performance of the waste treatment works servicing such commu- nity, or (2) is for a new collection system in an existing community with sufficient existing or planned capacity adequately to treat such col- lected sewage and is consistent with section 1281 of this title. (b) Use of population density as test If the Administrator uses population density as a test for determining the eligibility of a col- lector sewer for assistance it shall be only for the purpose of evaluating alternatives and de- termining the needs for such system in relation to ground or surface water quality impact. (c) Pollutant discharges from separate storm sewer systems No grant shall be made under this subchapter from funds authorized for any fiscal year during the period beginning October 1, 1977, and ending September 30, 1990, for treatment works for con- trol of pollutant discharges from separate storm sewer systems. (June 30, 1948, ch. 758, title II, § 211, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L. 95–217, § 36, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97–117, § 2(b), Dec. 29, 1981, 95 Stat. 1623; Pub. L. 100–4, title II, § 206(d), Feb. 4, 1987, 101 Stat. 20.) Editorial Notes AMENDMENTS 1987—Subsec. (c). Pub. L. 100–4 substituted ‘‘1990’’ for ‘‘1985’’. 1981—Subsec. (c). Pub. L. 97–117 substituted ‘‘Sep- tember 30, 1985’’ for ‘‘September 30, 1982’’. 1977—Pub. L. 95–217 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). § 1292. Definitions As used in this subchapter— (1) The term ‘‘construction’’ means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or eco- nomic investigations or studies, surveys, de- signs, plans, working drawings, specifications, procedures, field testing of innovative or alter- native waste water treatment processes and techniques meeting guidelines promulgated under section 1314(d)(3) of this title, or other necessary actions, erection, building, acquisi- tion, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items. (2)(A) The term ‘‘treatment works’’ means any devices and systems used in the storage, treat- ment, recycling, and reclamation of municipal