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U.S. Code as of:
01/19/04
Section 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 authorized 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 construction
thereof (as approved by the Administrator), unless modified to a
lower percentage rate uniform throughout a State by the Governor 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 unobligated balance of sums
allocated to the State under section 1285 of this title, the need
for assistance under this subchapter in such State, and the
availability of State grant assistance to replace the Federal share
reduced by such modification. The payment of any such reduced
Federal 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 reimbursement) made prior to
October 18, 1972, from any funds authorized for any fiscal year
beginning 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, acquisition, alteration, remodeling, improvement,
extension, or correction before October 1, 1984, all segments and
phases of such facility, interceptors, and project for
infiltration-in-flow correction 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 obligation occurred before
October 1, 1990. Notwithstanding 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. Notwithstanding 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.
(2) The amount of any grant made after September 30, 1978, and
before October 1, 1981, for any eligible treatment works or
significant portion 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 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 innovative 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
treatment 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 Administrator 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 increased 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 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.
(4) For the purposes of this section, the term "eligible
treatment works" means those treatment works in each State which
meet the requirements 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 treatment works not
commenced prior to July 1, 1971
The amount of the grant for any project approved by the
Administrator after January 1, 1971, and before July 1, 1971, for
the construction of treatment works, the actual erection, building
or acquisition of which was not commenced prior to July 1, 1971,
shall, upon the request of the applicant, be increased to the
applicable percentage 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 constructed
for use in conjunction with such treatment works, and if the cost
of such sewage 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 preservation
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 fiscal 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 conditions, 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 previously
expended on these projects.
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