33 U.S.C. § 1282 — Federal share

Page 417 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1282 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 con- structed as part of the same total treatment system as the treatment works for which such section 201 [33 U.S.C. 1281] grants were ap- proved, and (2) an application for assistance for the con- struction 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. The total of all grants for sewage collection sys- tems made under this section shall not exceed $2,800,000. (Pub. L. 95–217, § 78, Dec. 27, 1977, 91 Stat. 1611.) Editorial Notes REFERENCES IN TEXT That Act, meaning the Federal Water Pollution Con- trol 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 chap- ter. 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 sec- tion 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. § 1281b. Availability of Farmers Home Adminis- tration funds for non-Federal share Notwithstanding any other provision of law, Federal assistance made available by the Farm- ers Home Administration to any political sub- division of a State may be used to provide the non-Federal share of the cost of any construc- tion project carried out under section 1281 of this title. (Pub. L. 100–4, title II, § 202(f), Feb. 4, 1987, 101 Stat. 16.) Editorial Notes CODIFICATION Section was enacted as part of the Water Quality Act of 1987, and not as part of the Federal Water Pollution Control Act which comprises this chapter. § 1282. Federal share (a) Amount of grants for treatment works (1) The amount of any grant for treatment works made under this chapter from funds au- thorized 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 con- struction thereof (as approved by the Adminis- trator), unless modified to a lower percentage rate uniform throughout a State by the Gov- ernor 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 unobli- gated balance of sums allocated to the State under section 1285 of this title, the need for as- sistance under this subchapter in such State, and the availability of State grant assistance to replace the Federal share reduced by such modi- fication. The payment of any such reduced Fed- eral 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 reim- bursement) made prior to October 18, 1972, from any funds authorized for any fiscal year begin- ning 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, acquisi- tion, alteration, remodeling, improvement, ex- tension, or correction before October 1, 1984, all segments and phases of such facility, intercep- tors, and project for infiltration-in-flow correc- tion 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 obli- gation occurred before October 1, 1990. Notwith- standing 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. Notwith- standing the first sentence of this paragraph, in the case of the Wyoming Valley Sanitary Au- thority 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 el- igible for grants at 75 percent of the cost of con- struction thereof. (2) The amount of any grant made after Sep- tember 30, 1978, and before October 1, 1981, for any eligible treatment works or significant por- tion 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 Page 418 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1282 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 inno- vative 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 treat- ment 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 Adminis- trator 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 in- creased 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 perform- ance specifications, unless such failure is attrib- utable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expendi- tures. (4) For the purposes of this section, the term ‘‘eligible treatment works’’ means those treat- ment works in each State which meet the re- quirements 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 treat- ment works not commenced prior to July 1, 1971 The amount of the grant for any project ap- proved by the Administrator after January 1, 1971, and before July 1, 1971, for the construction of treatment works, the actual erection, build- ing or acquisition of which was not commenced prior to July 1, 1971, shall, upon the request of the applicant, be increased to the applicable per- centage 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 con- structed for use in conjunction with such treatment works, and if the cost of such sew- age 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 preser- vation 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 fis- cal 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 con- ditions, 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 pre- viously expended on these projects. (June 30, 1948, ch. 758, title II, § 202, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 834; amended Pub. L. 95–217, § 17, Dec. 27, 1977, 91 Stat. 1571; Pub. L. 96–483, § 9, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 97–117, §§ 7, 8(a), (b), Dec. 29, 1981, 95 Stat. 1625; Pub. L. 97–357, title V, § 501, Oct. 19, 1982, 96 Stat. 1712; Pub. L. 100–4, title II, § 202(a)–(d), Feb. 4, 1987, 101 Stat. 15, 16.) 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’’ be- fore period at end of last sentence. Pub. L. 100–4, § 202(b), inserted at end ‘‘Notwith- standing 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 Adminis- Page 419 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1283 trator before October 1, 1984, and which project is under judicial injunction on such date prohibiting its con- struction, 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 ‘‘Notwith- standing 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 Octo- ber 1, 1984, shall be 55 per centum of the cost of con- struction thereof (as approved by the Administrator),’’ after ‘‘(as approved by the Administrator),’’ and provi- sion that notwithstanding first sentence of this para- graph, in any case where primary, secondary, or ad- vanced waste treatment facility or its related intercep- tors 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 waste- water 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 sub- section, 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 pro- visions 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 SHARES Act July 9, 1956, ch. 518, § 4, 70 Stat. 507, authorized the Surgeon General to promulgate Federal shares under the Federal Water Pollution Control Grant Pro- gram as soon as possible after July 9, 1956, in the man- ner 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. § 1283. Plans, specifications, estimates, and pay- ments (a) Submission; contractual nature of approval by Administrator; agreement on eligible costs; single grant (1) Each applicant for a grant shall submit to the Administrator for his approval, plans, speci- fications, and estimates for each proposed project for the construction of treatment works for which a grant is applied for under section 1281(g)(1) of this title from funds allotted to the State under section 1285 of this title and which otherwise meets the requirements of this chap- ter. The Administrator shall act upon such plans, specifications, and estimates as soon as practicable after the same have been submitted, and his approval of any such plans, specifica- tions, and estimates shall be deemed a contrac- tual obligation of the United States for the pay- ment of its proportional contribution to such project. (2) AGREEMENT ON ELIGIBLE COSTS.— (A) LIMITATION ON MODIFICATIONS.—Before taking final action on any plans, specifica- tions, and estimates submitted under this sub- section after the 60th day following February 4, 1987, the Administrator shall enter into a written agreement with the applicant which establishes and specifies which items of the proposed project are eligible for Federal pay- ments under this section. The Administrator may not later modify such eligibility deter- minations unless they are found to have been made in violation of applicable Federal stat- utes and regulations. (B) LIMITATION ON EFFECT.—Eligibility deter- minations under this paragraph shall not pre- clude the Administrator from auditing a project pursuant to section 1361 of this title, or other authority, or from withholding or re- covering Federal funds for costs which are found to be unreasonable, unsupported by ade- quate documentation, or otherwise unallow- able under applicable Federal cost principles, or which are incurred on a project which fails to meet the design specifications or effluent limitations contained in the grant agreement and permit pursuant to section 1342 of this title for such project. (3) In the case of a treatment works that has an estimated total cost of $8,000,000 or less (as determined by the Administrator), and the pop- ulation of the applicant municipality is twenty- five thousand or less (according to the most re- cent United States census), upon completion of an approved facility plan, a single grant may be awarded for the combined Federal share of the cost of preparing construction plans and speci- fications, and the building and erection of the treatment works. (b) Periodic payments The Administrator shall, from time to time as the work progresses, make payments to the re- cipient of a grant for costs of construction in- curred on a project. These payments shall at no time exceed the Federal share of the cost of con- struction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been