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U.S. Code as of:
01/19/04
Section 1256. Grants for pollution control programs
(a) Authorization of appropriations for State and interstate
programs
There are hereby authorized to be appropriated the following
sums, to remain available until expended, to carry out the purpose
of this section -
(1) $60,000,000 for the fiscal year ending June 30, 1973; and
(2) $75,000,000 for the fiscal year ending June 30, 1974, and
the fiscal year ending June 30, 1975, $100,000,000 per fiscal
year for the fiscal years 1977, 1978, 1979, and 1980, $75,000,000
per fiscal year for the fiscal years 1981 and 1982, such sums as
may be necessary for fiscal years 1983 through 1985, and
$75,000,000 per fiscal year for each of the fiscal years 1986
through 1990;
for grants to States and to interstate agencies to assist them in
administering programs for the prevention, reduction, and
elimination of pollution, including enforcement directly or through
appropriate State law enforcement officers or agencies.
(b) Allotments
From the sums appropriated in any fiscal year, the Administrator
shall make allotments to the several States and interstate agencies
in accordance with regulations promulgated by him on the basis of
the extent of the pollution problem in the respective States.
(c) Maximum annual payments
The Administrator is authorized to pay to each State and
interstate agency each fiscal year either -
(1) the allotment of such State or agency for such fiscal year
under subsection (b) of this section, or
(2) the reasonable costs as determined by the Administrator of
developing and carrying out a pollution program by such State or
agency during such fiscal year,
which ever amount is the lesser.
(d) Limitations
No grant shall be made under this section to any State or
interstate agency for any fiscal year when the expenditure of
non-Federal funds by such State or interstate agency during such
fiscal year for the recurrent expenses of carrying out its
pollution control program are less than the expenditure by such
State or interstate agency of non-Federal funds for such recurrent
program expenses during the fiscal year ending June 30, 1971.
(e) Grants prohibited to States not establishing water quality
monitoring procedures or adequate emergency and contingency plans
Beginning in fiscal year 1974 the Administrator shall not make
any grant under this section to any State which has not provided or
is not carrying out as a part of its program -
(1) the establishment and operation of appropriate devices,
methods, systems, and procedures necessary to monitor, and to
compile and analyze data on (including classification according
to eutrophic condition), the quality of navigable waters and to
the extent practicable, ground waters including biological
monitoring; and provision for annually updating such data and
including it in the report required under section 1315 of this
title;
(2) authority comparable to that in section 1364 of this title
and adequate contingency plans to implement such authority.
(f) Conditions
Grants shall be made under this section on condition that -
(1) Such State (or interstate agency) files with the
Administrator within one hundred and twenty days after October
18, 1972:
(A) a summary report of the current status of the State
pollution control program, including the criteria used by the
State in determining priority of treatment works; and
(B) such additional information, data, and reports as the
Administrator may require.
(2) No federally assumed enforcement as defined in section
1319(a)(2) of this title is in effect with respect to such State
or interstate agency.
(3) Such State (or interstate agency) submits within one
hundred and twenty days after October 18, 1972, and before
October 1 of each year thereafter for the Administrator's
approval of its program for the prevention, reduction, and
elimination of pollution in accordance with purposes and
provisions of this chapter in such form and content as the
Administrator may prescribe.
(g) Reallotment of unpaid allotments
Any sums allotted under subsection (b) of this section in any
fiscal year which are not paid shall be reallotted by the
Administrator in accordance with regulations promulgated by him.
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