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U.S. Code as of:
01/19/04
Section 1281. Congressional declaration of purpose
(a) Development and implementation of waste treatment management
plans and practices
It is the purpose of this subchapter to require and to assist the
development and implementation of waste treatment management plans
and practices which will achieve the goals of this chapter.
(b) Application of technology: confined disposal of pollutants;
consideration of advanced techniques
Waste treatment management plans and practices shall provide for
the application of the best practicable waste treatment technology
before any discharge into receiving waters, including reclaiming
and recycling of water, and confined disposal of pollutants so they
will not migrate to cause water or other environmental pollution
and shall provide for consideration of advanced waste treatment
techniques.
(c) Waste treatment management area and scope
To the extent practicable, waste treatment management shall be on
an areawide basis and provide control or treatment of all point and
nonpoint sources of pollution, including in place or accumulated
pollution sources.
(d) Waste treatment management construction of revenue producing
facilities
The Administrator shall encourage waste treatment management
which results in the construction of revenue producing facilities
providing for -
(1) the recycling of potential sewage pollutants through the
production of agriculture, silviculture, or aquaculture products,
or any combination thereof;
(2) the confined and contained disposal of pollutants not
recycled;
(3) the reclamation of wastewater; and
(4) the ultimate disposal of sludge in a manner that will not
result in environmental hazards.
(e) Waste treatment management integration of facilities
The Administrator shall encourage waste treatment management
which results in integrating facilities for sewage treatment and
recycling with facilities to treat, dispose of, or utilize other
industrial and municipal wastes, including but not limited to solid
waste and waste heat and thermal discharges. Such integrated
facilities shall be designed and operated to produce revenues in
excess of capital and operation and maintenance costs and such
revenues shall be used by the designated regional management agency
to aid in financing other environmental improvement programs.
(f) Waste treatment management "open space" and recreational
considerations
The Administrator shall encourage waste treatment management
which combines "open space" and recreational considerations with
such management.
(g) Grants to construct publicly owned treatment works
(1) The Administrator is authorized to make grants to any State,
municipality, or intermunicipal or interstate agency for the
construction of publicly owned treatment works. On and after
October 1, 1984, grants under this subchapter shall be made only
for projects for secondary treatment or more stringent treatment,
or any cost effective alternative thereto, new interceptors and
appurtenances, and infiltration-in-flow correction. Notwithstanding
the preceding sentences, the Administrator may make grants on and
after October 1, 1984, for (A) any project within the definition
set forth in section 1292(2) of this title, other than for a
project referred to in the preceding sentence, and (B) any purpose
for which a grant may be made under sections (!1) 1329(h) and (i)
of this title (including any innovative and alternative approaches
for the control of nonpoint sources of pollution), except that not
more than 20 per centum (as determined by the Governor of the
State) of the amount allotted to a State under section 1285 of this
title for any fiscal year shall be obligated in such State under
authority of this sentence.
(2) The Administrator shall not make grants from funds authorized
for any fiscal year beginning after June 30, 1974, to any State,
municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling,
improvement, or extension of treatment works unless the grant
applicant has satisfactorily demonstrated to the Administrator that
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(A) alternative waste management techniques have been studied
and evaluated and the works proposed for grant assistance will
provide for the application of the best practicable waste
treatment technology over the life of the works consistent with
the purposes of this subchapter; and
(B) as appropriate, the works proposed for grant assistance
will take into account and allow to the extent practicable the
application of technology at a later date which will provide for
the reclaiming or recycling of water or otherwise eliminate the
discharge of pollutants.
(3) The Administrator shall not approve any grant after July 1,
1973, for treatment works under this section unless the applicant
shows to the satisfaction of the Administrator that each sewer
collection system discharging into such treatment works is not
subject to excessive infiltration.
(4) The Administrator is authorized to make grants to applicants
for treatment works grants under this section for such sewer system
evaluation studies as may be necessary to carry out the
requirements of paragraph (3) of this subsection. Such grants shall
be made in accordance with rules and regulations promulgated by the
Administrator. Initial rules and regulations shall be promulgated
under this paragraph not later than 120 days after October 18,
1972.
(5) The Administrator shall not make grants from funds authorized
for any fiscal year beginning after September 30, 1978, to any
State, municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling,
improvement, or extension of treatment works unless the grant
applicant has satisfactorily demonstrated to the Administrator that
innovative and alternative wastewater treatment processes and
techniques which provide for the reclaiming and reuse of water,
otherwise eliminate the discharge of pollutants, and utilize
recycling techniques, land treatment, new or improved methods of
waste treatment management for municipal and industrial waste
(discharged into municipal systems) and the confined disposal of
pollutants, so that pollutants will not migrate to cause water or
other environmental pollution, have been fully studied and
evaluated by the applicant taking into account subsection (d) of
this section and taking into account and allowing to the extent
practicable the more efficient use of energy and resources.
(6) The Administrator shall not make grants from funds authorized
for any fiscal year beginning after September 30, 1978, to any
State, municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling,
improvement, or extension of treatment works unless the grant
applicant has satisfactorily demonstrated to the Administrator that
the applicant has analyzed the potential recreation and open space
opportunities in the planning of the proposed treatment works.
(h) Grants to construct privately owned treatment works
A grant may be made under this section to construct a privately
owned treatment works serving one or more principal residences or
small commercial establishments constructed prior to, and inhabited
on, December 27, 1977, where the Administrator finds that -
(1) a public body otherwise eligible for a grant under
subsection (g) of this section has applied on behalf of a number
of such units and certified that public ownership of such works
is not feasible;
(2) such public body has entered into an agreement with the
Administrator which guarantees that such treatment works will be
properly operated and maintained and will comply with all other
requirements of section 1284 of this title and includes a system
of charges to assure that each recipient of waste treatment
services under such a grant will pay its proportionate share of
the cost of operation and maintenance (including replacement);
and
(3) the total cost and environmental impact of providing waste
treatment services to such residences or commercial
establishments will be less than the cost of providing a system
of collection and central treatment of such wastes.
(i) Waste treatment management methods, processes, and techniques
to reduce energy requirements
The Administrator shall encourage waste treatment management
methods, processes, and techniques which will reduce total energy
requirements.
(j) Grants for treatment works utilizing processes and techniques
of guidelines under section 1314(d)(3) of this title
The Administrator is authorized to make a grant for any treatment
works utilizing processes and techniques meeting the guidelines
promulgated under section 1314(d)(3) of this title, if the
Administrator determines it is in the public interest and if in the
cost effectiveness study made of the construction grant application
for the purpose of evaluating alternative treatment works, the life
cycle cost of the treatment works for which the grant is to be made
does not exceed the life cycle cost of the most cost effective
alternative by more than 15 per centum.
(k) Limitation on use of grants for publicly owned treatment works
No grant made after November 15, 1981, for a publicly owned
treatment works, other than for facility planning and the
preparation of construction plans and specifications, shall be used
to treat, store, or convey the flow of any industrial user into
such treatment works in excess of a flow per day equivalent to
fifty thousand gallons per day of sanitary waste. This subsection
shall not apply to any project proposed by a grantee which is
carrying out an approved project to prepare construction plans and
specifications for a facility to treat wastewater, which received
its grant approval before May 15, 1980. This subsection shall not
be in effect after November 15, 1981.
(l) Grants for facility plans, or plans, specifications, and
estimates for proposed project for construction of treatment
works; limitations, allotments, advances, etc.
(1) After December 29, 1981, Federal grants shall not be made for
the purpose of providing assistance solely for facility plans, or
plans, specifications, and estimates for any proposed project for
the construction of treatment works. In the event that the proposed
project receives a grant under this section for construction, the
Administrator shall make an allowance in such grant for non-Federal
funds expended during the facility planning and advanced
engineering and design phase at the prevailing Federal share under
section 1282(a) of this title, based on the percentage of total
project costs which the Administrator determines is the general
experience for such projects.
(2)(A) Each State shall use a portion of the funds allotted to
such State each fiscal year, but not to exceed 10 per centum of
such funds, to advance to potential grant applicants under this
subchapter the costs of facility planning or the preparation of
plans, specifications, and estimates.
(B) Such an advance shall be limited to the allowance for such
costs which the Administrator establishes under paragraph (1) of
this subsection, and shall be provided only to a potential grant
applicant which is a small community and which in the judgment of
the State would otherwise be unable to prepare a request for a
grant for construction costs under this section.
(C) In the event a grant for construction costs is made under
this section for a project for which an advance has been made under
this paragraph, the Administrator shall reduce the amount of such
grant by the allowance established under paragraph (1) of this
subsection. In the event no such grant is made, the State is
authorized to seek repayment of such advance on such terms and
conditions as it may determine.
(m) Grants for State of California projects
(1) Notwithstanding any other provisions of this subchapter, the
Administrator is authorized to make a grant from any funds
otherwise allotted to the State of California under section 1285 of
this title to the project (and in the amount) specified in Order
WQG 81-1 of the California State Water Resources Control Board.
(2) Notwithstanding any other provision of this chapter, the
Administrator shall make a grant from any funds otherwise allotted
to the State of California to the city of Eureka, California, in
connection with project numbered C-06-2772, for the purchase of one
hundred and thirty-nine acres of property as environmental
mitigation for siting of the proposed treatment plant.
(3) Notwithstanding any other provision of this chapter, the
Administrator shall make a grant from any funds otherwise allotted
to the State of California to the city of San Diego, California, in
connection with that city's aquaculture sewage process (total
resources recovery system) as an innovative and alternative waste
treatment process.
(n) Water quality problems; funds, scope, etc.
(1) On and after October 1, 1984, upon the request of the
Governor of an affected State, the Administrator is authorized to
use funds available to such State under section 1285 of this title
to address water quality problems due to the impacts of discharges
from combined storm water and sanitary sewer overflows, which are
not otherwise eligible under this subsection, where correction of
such discharges is a major priority for such State.
(2) Beginning fiscal year 1983, the Administrator shall have
available $200,000,000 per fiscal year in addition to those funds
authorized in section 1287 of this title to be utilized to address
water quality problems of marine bays and estuaries subject to
lower levels of water quality due to the impacts of discharges from
combined storm water and sanitary sewer overflows from adjacent
urban complexes, not otherwise eligible under this subsection. Such
sums may be used as deemed appropriate by the Administrator as
provided in paragraphs (1) and (2) of this subsection, upon the
request of and demonstration of water quality benefits by the
Governor of an affected State.
(o) Capital financing plan
The Administrator shall encourage and assist applicants for grant
assistance under this subchapter to develop and file with the
Administrator a capital financing plan which, at a minimum -
(1) projects the future requirements for waste treatment
services within the applicant's jurisdiction for a period of no
less than ten years;
(2) projects the nature, extent, timing, and costs of future
expansion and reconstruction of treatment works which will be
necessary to satisfy the applicant's projected future
requirements for waste treatment services; and
(3) sets forth with specificity the manner in which the
applicant intends to finance such future expansion and
reconstruction.
(p) Time limit on resolving certain disputes
In any case in which a dispute arises with respect to the
awarding of a contract for construction of treatment works by a
grantee of funds under this subchapter and a party to such dispute
files an appeal with the Administrator under this subchapter for
resolution of such dispute, the Administrator shall make a final
decision on such appeal within 90 days of the filing of such
appeal.
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