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U.S. Code as of:
01/19/04
Section 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 hearing, determines that a specific
project will not result in compliance with the enforceable
requirements 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) correction of combined
sewer overflows. Not less than 25 per centum of funds allocated to
a State in any fiscal year under this subchapter for construction
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 otherwise eligible for funding
in that fiscal year. It is the policy of Congress that projects for
wastewater treatment and management undertaken with Federal
financial assistance under this chapter by any State, municipality,
or intermunicipal or interstate agency shall be projects which, in
the estimation of the State, are designed to achieve optimum water
quality management, consistent with the public health and water
quality goals and requirements of this chapter.
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