33 U.S.C. § 1296 — Determination of priority of projects

Page 441 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1298 February 1, 1978, shall be made under this sub- chapter for any treatment works unless only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured arti- cles, materials, and supplies as have been manu- factured in the United States, substantially all from articles, materials, or supplies mined, pro- duced, or manufactured, as the case may be, in the United States will be used in such treatment works. This section shall not apply in any case where the Administrator determines, based upon those factors the Administrator deems relevant, including the available resources of the agency, it to be inconsistent with the public interest (in- cluding multilateral government procurement agreements) or the cost to be unreasonable, or if articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (June 30, 1948, ch. 758, title II, § 215, as added Pub. L. 95–217, § 39, Dec. 27, 1977, 91 Stat. 1581.) § 1296. Determination of priority of projects Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hear- ing, determines that a specific project will not result in compliance with the enforceable re- quirements of this chapter, such project shall be removed from the State’s priority list and such State shall submit a revised priority list. These categories shall include, but not be limited to (A) secondary treatment, (B) more stringent treatment, (C) infiltration-in-flow correction, (D) major sewer system rehabilitation, (E) new collector sewers and appurtenances, (F) new interceptors and appurtenances, and (G) correc- tion of combined sewer overflows. Not less than 25 per centum of funds allocated to a State in any fiscal year under this subchapter for con- struction of publicly owned treatment works in such State shall be obligated for those types of projects referred to in clauses (D), (E), (F), and (G) of this section, if such projects are on such State’s priority list for that year and are other- wise eligible for funding in that fiscal year. It is the policy of Congress that projects for waste- water treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or inter- municipal or interstate agency shall be projects which, in the estimation of the State, are de- signed to achieve optimum water quality man- agement, consistent with the public health and water quality goals and requirements of this chapter. (June 30, 1948, ch. 758, title II, § 216, as added Pub. L. 95–217, § 40, Dec. 27, 1977, 91 Stat. 1582; amended Pub. L. 97–117, § 18, Dec. 29, 1981, 95 Stat. 1630.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–117 inserted provision that it is the policy of Congress that projects for wastewater treat- ment and management undertaken with Federal finan- cial assistance under this chapter by any State, mu- nicipality, or intermunicipal or interstate agency be projects which, in the estimation of the State, are de- signed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter. § 1297. Guidelines for cost-effectiveness analysis Any guidelines for cost-effectiveness analysis published by the Administrator under this sub- chapter shall provide for the identification and selection of cost effective alternatives to com- ply with the objectives and goals of this chapter and sections 1281(b), 1281(d), 1281(g)(2)(A), and 1311(b)(2)(B) of this title. (June 30, 1948, ch. 758, title II, § 217, as added Pub. L. 95–217, § 41, Dec. 27, 1977, 91 Stat. 1582.) § 1298. Cost effectiveness (a) Congressional statement of policy It is the policy of Congress that a project for waste treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or inter- municipal or interstate agency shall be consid- ered as an overall waste treatment system for waste treatment and management, and shall be that system which constitutes the most eco- nomical and cost-effective combination of de- vices and systems used in the storage, treat- ment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 1281 of this title, or necessary to recycle or reuse water at the most economi- cal cost over the estimated life of the works, in- cluding intercepting sewers, outfall sewers, sew- age collection systems, pumping power, and other equipment, and their appurtenances; ex- tension, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as stand- by treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process (including land use for the storage of treated wastewater in land treatment systems prior to land application) or which is used for ul- timate disposal of residues resulting from such treatment; water efficiency measures and de- vices; and any other method or system for pre- venting, abating, reducing, storing, treating, separating, or disposing of municipal waste, in- cluding storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems; to meet the require- ments of this chapter. (b) Determination by Administrator as pre- requisite to approval of grant In accordance with the policy set forth in sub- section (a) of this section, before the Adminis- trator approves any grant to any State, munici- pality, or intermunicipal or interstate agency for the erection, building, acquisition, alter- ation, remodeling, improvement, or extension of