40 CFR § 35.2034 - Privately owned individual systems.
(b) In addition to those applicable limitations set forth in §§ 35.2100 through 35.2127 the grant applicant shall:
(1) Demonstrate that the total cost and environmental impact of building the individual system will be less than the cost of a conventional system;
(2) Certify that the principal residence or small commercial establishment was constructed before December 27, 1977, and inhabited or in use on or before that date;
(3) Apply on behalf of a number of individual units to be served in the facilities planning area;
(4) Certify that public ownership of such works is not feasible and list the reasons; and