SOURCE
(June 30, 1948, ch. 758, title II, Sec. 204, as added Oct. 18,
1972, Pub. L. 92-500, Sec. 2, 86 Stat. 835; amended Dec. 27, 1977,
Pub. L. 95-217, Sec. 20-24, 91 Stat. 1572, 1573; Oct. 21, 1980,
Pub. L. 96-483, Sec. 2(a), (b), 94 Stat. 2360, 2361; Dec. 29, 1981,
Pub. L. 97-117, Sec. 10(a), (b), 11, 12, 95 Stat. 1626, 1627; Feb.
4, 1987, Pub. L. 100-4, title II, Sec. 205(a)-(c), 101 Stat. 18.)
AMENDMENTS
1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 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 1288 of this
title;''.
Subsec. (a)(2). Pub. L. 100-4, Sec. 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 1313(e) of this title;''.
Subsec. (b)(1). Pub. L. 100-4, Sec. 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, Sec. 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, Sec. 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, Sec. 10(b), added subsec. (c).
Subsec. (d). Pub. L. 97-117, Sec. 12, added subsec. (d).
1980 - Subsec. (b)(1). Pub. L. 96-483, Sec. 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, Sec. 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, Sec. 20, provided that any
priority list developed pursuant to section 1313(e)(3)(H) 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 1314(d)(3) 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 1283(a) of this title which utilizes processes and
techniques meeting the guidelines promulgated under section
1314(d)(3) of this title.
Subsec. (a)(5). Pub. L. 95-217, Sec. 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 1288 of
this title, or an applicable municipal master plan of development,
and that, for the purpose of this paragraph, section 1288 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, Sec. 22(a)(1), (2), 24(c),
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 distinquished 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, Sec. 23, 24(a), 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, Sec. 22(b), 24(b), added
pars. (5) and (6).
EFFECTIVE DATE OF 1987 AMENDMENT
Section 205(d) of Pub. 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) of Pub. L. 96-483, set out as a note under section 1281 of
this title.
ELIMINATION OF INAPPLICABLE CONDITIONS OR REQUIREMENTS FROM CERTAIN
GRANTS
Section 2(c) of Pub. 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
1281(g)(1) 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) of Pub. L. 96-483, set out above, effective Dec. 27,
1977, see section 2(g) of Pub. L. 96-483, set out as an Effective
Date of 1980 Amendment note under section 1281 of this title.
COST RECOVERY; SUSPENSION OF GRANT REQUIREMENTS THAT INDUSTRIAL
USERS MAKE PAYMENTS
Section 75 of Pub. L. 95-217, as amended by Pub. L. 96-148, Sec.
1, Dec. 16, 1979, 93 Stat. 1088; Pub. L. 96-483, Sec. 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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1259, 1281, 1285, 1311,
1342, 1382 of this title.