(June 30, 1948, ch. 758, title II, § 204, as added Pub. L. 92–500, § 2,Oct. 18, 1972, 86 Stat. 835; amended Pub. L. 95–217, §§ 20–24,Dec. 27, 1977, 91 Stat. 1572, 1573; Pub. L. 96–483, § 2(a), (b),Oct. 21, 1980, 94 Stat. 2360, 2361; Pub. L. 97–117, §§ 10(a), (b),
12,Dec. 29, 1981, 95 Stat. 1626, 1627; Pub. L. 100–4, title II, § 205(a)–(c), Feb. 4, 1987, 101 Stat. 18.)
1987—Subsec. (a)(1). Pub. L. 100–4
, § 205(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “that such works are included in any applicable areawide waste treatment management plan developed under section
of this title;”.
Subsec. (a)(2). Pub. L. 100–4
, § 205(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “that such works are in conformity with any applicable State plan under section
of this title;”.
Subsec. (b)(1). Pub. L. 100–4
, § 205(c), inserted at end “A system of user charges which imposes a lower charge for low-income residential users (as defined by the Administrator) shall be deemed to be a user charge system meeting the requirements of clause (A) of this paragraph if the Administrator determines that such system was adopted after public notice and hearing.”
1981—Subsec. (a)(5). Pub. L. 97–117
, § 10(a), inserted provision that beginning Oct. 1, 1984, no grant be made under this subchapter to construct that portion of any treatment works providing reserve capacity in excess of existing needs on the date of approval of a grant for the erection, building, etc., of a project for secondary treatment or more stringent treatment or new interceptors and appurtenances, except that in no event shall reserve capacity of a facility and its related interceptors to which this subsection applies be in excess of existing needs on Oct. 1, 1990, and that in any case in which an applicant proposes to provide reserve capacity greater than that eligible for Federal financial assistance under this subchapter, the incremental costs of the additional reserve capacity be paid by the applicant.
Subsec. (a)(6). Pub. L. 97–117
, § 11, struck out “, or at least two brand names or trade names of comparable quality or utility are listed and are followed by the words ‘or equal’ ” after “parts and equipment” and inserted provision that when in the judgment of the grantee, it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equal” description be used as a means to define performance or other salient requirements of a procurement, and in doing so the grantee need not establish the existence of any source other than the brand or source so named.
Subsec. (c). Pub. L. 97–117
, § 10(b), added subsec. (c).
Subsec. (d). Pub. L. 97–117
, § 12, added subsec. (d).
1980—Subsec. (b)(1). Pub. L. 96–483
, § 2(a), redesignated cl. (C) as (B). Former cl. (B) relating to payment, as a condition of approval of a grant, to an applicant by industrial users of that portion of cost of construction allocable to the treatment of such industrial waste to the extent attributable to the Federal share of the cost of construction, was struck out.
Subsec. (b)(3) to (6). Pub. L. 96–483
, § 2(b), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) relating to a formula determining the amount the grantee shall retain of the revenues derived from the payment of costs by industrial users of waste treatment services, to the extent costs are attributable to the Federal share of eligible project costs, and former par. (6) relating to the exemption from the requirements of par. (1)(B) of industrial users with a flow of twenty-five thousand gallons or less per day, were struck out.
1977—Subsec. (a)(3). Pub. L. 95–217
, § 20, provided that any priority list developed pursuant to section
of this title may be modified by such State in accordance with regulations promulgated by the Administrator to give higher priority for grants for the Federal share of the cost of preparing construction drawings and specifications for any treatment works utilizing processes and techniques meeting the guidelines promulgated under section
of this title and for grants for the combined Federal share of the cost of preparing construction drawings and specifications and the building and erection of any treatment works meeting the requirements of the next to the last sentence of section
of this title which utilizes processes and techniques meeting the guidelines promulgated under section
of this title.
Subsec. (a)(5). Pub. L. 95–217
, § 21, provided that efforts to reduce total flow of sewage and unnecessary water consumption be taken into account, in accordance with regulations promulgated by the Administrator, that the amount of reserve capacity eligible for a grant under this subchapter be determined by the Administrator taking into account the projected population and associated commercial and industrial establishments within the jurisdiction of the applicant to be served by such treatment works as identified in an approved facilities plan, an areawide plan under section
of this title, or an applicable municipal master plan of development, and that, for the purpose of this paragraph, section
of this title, and any such plan, projected population be determined on the basis of the latest information available from the United States Department of Commerce or from the States as the Administrator, by regulation, determines appropriate.
Subsec. (b)(1). Pub. L. 95–217
, §§ 22(a)(1), (2),
, inserted “(except as otherwise provided in this paragraph)” after “proportionate share” in cl. (A) and “(which such portion, in the discretion of the applicant, may be recovered from industrial users of the total waste treatment system as distinguished from the treatment works for which the grant is made)” in cl. (B) and, at end of existing provisions, inserted sentences under which a dedicated ad valorem tax system is to be deemed the user charge system meeting the requirements of cl. (A) for the residential user class and such small non-residential user classes as defined by the Administrator in cases where an applicant, as of Dec. 27, 1977, uses a system of dedicated ad valorem taxes and the Administrator determines that the applicant has a system of charges which results in the distribution of operation and maintenance costs for treatment works within the applicant’s jurisdiction, to each user class, in proportion to the contribution to the total cost of operation and maintenance of such works by each user class (taking into account total waste water loading of such works, the constituent elements of the wastes, and other appropriate factors), and such applicant is otherwise in compliance with cl. (A) of this paragraph with respect to each industrial user.
Subsec. (b)(3). Pub. L. 95–217
, §§ 23,
, substituted “necessary for the administrative costs associated with the requirement of paragraph (1)(B) of this subsection and future expansion” for “necessary for future expansion” in cl. (B) and, at end of existing provisions, inserted sentence under which, subject to the approval of the Administrator, the following: “Not a grantee that received a grant prior to Dec. 27, 1977, may reduce the amounts required to be paid to such grantee by any industrial user of waste treatment services under such paragraph, if such grantee requires such industrial user to adopt other means of reducing the demand for waste treatment services through reduction in the total flow of sewage or unnecessary water consumption, in proportion to such reduction as determined in accordance with regulations promulgated by the Administrator”.
Subsec. (b)(5), (6). Pub. L. 95–217
, §§ 22(b),
, added pars. (5) and (6).
Effective Date of 1987 Amendment
Section 205(d) ofPub. L. 100–4
provided that: “This section [amending this section] shall take effect on the date of the enactment of this Act [Feb. 4, 1987], except that the amendments made by subsections (a) and (b) [amending this section] shall take effect on the last day of the two-year period beginning on such date of enactment.”
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–483
effective Dec. 27, 1977, see section 2(g) ofPub. L. 96–483
, set out as a note under section
of this title.
Elimination of Inapplicable Conditions or Requirements From Certain Grants
Section 2(c) ofPub. L. 96–483
provided that: “The Administrator of the Environmental Protection Agency shall take such action as may be necessary to remove from any grant made under section 201(g)(1) of the Federal Water Pollution Control Act [section
of this title] after March 1, 1973, and prior to the date of enactment of this Act [Oct. 21, 1980], any condition or requirement no longer applicable as a result of the repeals made by subsections (a) and (b) of this section [amending subsec. (b) of this section] or release any grant recipient of the obligations established by such conditions or other requirement.”
Section 2(c) ofPub. L. 96–483
, set out above, effective Dec. 27, 1977, see section 2(g) ofPub. L. 96–483
, set out as an Effective Date of 1980 Amendment note under section
of this title.
Cost Recovery; Suspension of Grant Requirements That Industrial Users Make Payments
Section 75 ofPub. L. 95–217
, as amended by Pub. L. 96–148
, § 1,Dec. 16, 1979, 93 Stat. 1088
; Pub. L. 96–483
, § 2(f),Oct. 21, 1980, 94 Stat. 2361
, directed Administrator of Environmental Protection Agency to study and report to Congress not later than last day of twelfth month which begins after Dec. 27, 1977, cost recovery procedures from industrial users of treatment works to the extent construction costs are attributable to the Federal share of the cost of construction.