- United States Code
- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
- CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
- SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 1283. Plans, specifications, estimates, and payments
- (a)
Submission; contractual nature of approval by Administrator;
agreement on eligible costs; single grant
- (1)
Each applicant for a grant shall submit to the Administrator
for his approval, plans, specifications, and estimates for each
proposed project for the construction of treatment works for which
a grant is applied for under section 1281(g)(1) of this title from
funds allotted to the State under section 1285 of this title and
which otherwise meets the requirements of this chapter. The
Administrator shall act upon such plans, specifications, and
estimates as soon as practicable after the same have been
submitted, and his approval of any such plans, specifications, and
estimates shall be deemed a contractual obligation of the United
States for the payment of its proportional contribution to such
project.
- (2)
Agreement on eligible costs. -
- (A)
Limitation on modifications. - Before taking final action
on any plans, specifications, and estimates submitted under this
subsection after the 60th day following February 4, 1987, the
Administrator shall enter into a written agreement with the
applicant which establishes and specifies which items of the
proposed project are eligible for Federal payments under this
section. The Administrator may not later modify such eligibility
determinations unless they are found to have been made in
violation of applicable Federal statutes and regulations.
- (B)
Limitation on effect. - Eligibility determinations under
this paragraph shall not preclude the Administrator from auditing
a project pursuant to section 1361 of this title, or other
authority, or from withholding or recovering Federal funds for
costs which are found to be unreasonable, unsupported by adequate
documentation, or otherwise unallowable under applicable Federal
cost principles, or which are incurred on a project which fails
to meet the design specifications or effluent limitations
contained in the grant agreement and permit pursuant to section
1342 of this title for such project.
- (3)
In the case of a treatment works that has an estimated total
cost of $8,000,000 or less (as determined by the Administrator),
and the population of the applicant municipality is twenty-five
thousand or less (according to the most recent United States
census), upon completion of an approved facility plan, a single
grant may be awarded for the combined Federal share of the cost of
preparing construction plans and specifications, and the building
and erection of the treatment works.
- (b)
Periodic payments
The Administrator shall, from time to time as the work
progresses, make payments to the recipient of a grant for costs of
construction incurred on a project. These payments shall at no
time exceed the Federal share of the cost of construction incurred
to the date of the voucher covering such payment plus the Federal
share of the value of the materials which have been stockpiled in
the vicinity of such construction in conformity to plans and
specifications for the project.
- (c)
Final payments
After completion of a project and approval of the final voucher
by the Administrator, he shall pay out of the appropriate sums the
unpaid balance of the Federal share payable on account of such
project.
- (d)
Projects eligible
Nothing in this chapter shall be construed to require, or to
authorize the Administrator to require, that grants under this
chapter for construction of treatment works be made only for
projects which are operable units usable for sewage collection,
transportation, storage, waste treatment, or for similar purposes
without additional construction.
- (e)
Technical and legal assistance in administration and
enforcement of contracts; intervention in civil actions
At the request of a grantee under this subchapter, the
Administrator is authorized to provide technical and legal
assistance in the administration and enforcement of any contract in
connection with treatment works assisted under this subchapter, and
to intervene in any civil action involving the enforcement of such
a contract.
- (f)
Design/build projects
- (1)
Agreement
Consistent with State law, an applicant who proposes to
construct waste water treatment works may enter into an agreement
with the Administrator under this subsection providing for the
preparation of construction plans and specifications and the
erection of such treatment works, in lieu of proceeding under the
other provisions of this section.
- (2)
Limitation on projects
Agreements under this subsection shall be limited to projects
under an approved facility plan which projects are -
- (A)
treatment works that have an estimated total cost of
$8,000,000 or less; and
- (B)
any of the following types of waste water treatment
systems: aerated lagoons, trickling filters, stabilization
ponds, land application systems, sand filters, and subsurface
disposal systems.
- (3)
Required terms
An agreement entered into under this subsection shall -
- (A)
set forth an amount agreed to as the maximum Federal
contribution to the project, based upon a competitively bid
document of basic design data and applicable standard
construction specifications and a determination of the
federally eligible costs of the project at the applicable
Federal share under section 1282 of this title;
- (B)
set forth dates for the start and completion of
construction of the treatment works by the applicant and a
schedule of payments of the Federal contribution to the
project;
- (C)
contain assurances by the applicant that (i) engineering
and management assistance will be provided to manage the
project; (ii) the proposed treatment works will be an operable
unit and will meet all the requirements of this subchapter; and
- (iii)
not later than 1 year after the date specified as the
date of completion of construction of the treatment works, the
treatment works will be operating so as to meet the
requirements of any applicable permit for such treatment works
under section 1342 of this title;
- (D)
require the applicant to obtain a bond from the
contractor in an amount determined necessary by the
Administrator to protect the Federal interest in the project;
and
- (E)
contain such other terms and conditions as are necessary
to assure compliance with this subchapter (except as provided
in paragraph (4) of this subsection).
- (4)
Limitation on application
Subsections (a), (b), and (c) of this section shall not apply
to grants made pursuant to this subsection.
- (5)
Reservation to assure compliance
The Administrator shall reserve a portion of the grant to
assure contract compliance until final project approval as
defined by the Administrator. If the amount agreed to under
paragraph (3)(A) exceeds the cost of designing and constructing
the treatment works, the Administrator shall reallot the amount
of the excess to the State in which such treatment works are
located for the fiscal year in which such audit is completed.
- (6)
Limitation on obligations
The Administrator shall not obligate more than 20 percent of
the amount allotted to a State for a fiscal year under section
1285 of this title for grants pursuant to this subsection.
- (7)
Allowance
The Administrator shall determine an allowance for facilities
planning for projects constructed under this subsection in
accordance with section 1281(l) of this title.
- (8)
Limitation on Federal contributions
In no event shall the Federal contribution for the cost of
preparing construction plans and specifications and the building
and erection of treatment works pursuant to this subsection
exceed the amount agreed upon under paragraph (3).
- (9)
Recovery action
In any case in which the recipient of a grant made pursuant to
this subsection does not comply with the terms of the agreement
entered into under paragraph (3), the Administrator is authorized
to take such action as may be necessary to recover the amount of
the Federal contribution to the project.
- (10)
Prevention of double benefits
A recipient of a grant made pursuant to this subsection shall
not be eligible for any other grants under this subchapter for
the same project.
[Notes]
