747 



operable units usable for sewage collection, trans- 

 portation, storage, waste treatment, or for similar 

 purposes without additional construction. (June 30, 

 1948, ch. 758, title II, § 203. as added Oct. 18, 1972, 

 Pub. L. 92-500, § 2, 86 Stat. 835, and amended Jan. 2, 

 1974, Pub. L. 93-243. § 2, 87 Stat. 1069.) 



§ 1284. Limitations and conditions. 



(a) Before approving grants for any project for 

 any treatment works under section 1231(g)(1) of 

 this title the Administrator shall determine — 



(1) that such works are included in any appli- 

 cable areawide waste treatment management plan 

 developed under section 1288 of this title; 



(2) that such works are in conformity with any 

 applicable State plan under section 1313(e) of this 

 title; 



(3) that such works have been certified by the 

 appropriate State water pollution control agency 

 as entitled to priority over such other works in 

 the State in accordance with any applicable State 

 plan under section 1313(e) of this title; 



(4) that the applicant proposing to construct 

 such works agrees to pay the non-Federal costs 

 of such works and has made adequate provisions 

 satisfactory to the Administrator for assuring 

 proper and efficient operation, including the em- 

 ployment of trained management and operations 

 personnel, and the maintenance of such works in 

 accordance with a plan of operation approved by 

 the State water pollution control agency or. as 

 appropriate, the interstate agency, after construc- 

 tion thereof; 



(5) that the size and capacity of such works 

 relate directly to the needs to be served by such 

 works, Including sufficient reserve capacity. The 

 amount of reserve capacity provided shall be ap- 

 proved by the Administrator on the basis of a 

 comparison of the cost of constructing such re- 

 serves as a part of the works to be funded and 

 the anticipated cost of providing expanded ca- 

 pacity at a date when such capacity will be 

 required ; 



(6) that no specification for bids in connection 

 with such works shall be written in such a manner 

 as to contain proprietary, exclusionary, or discrim- 

 inatory requirements other than those based upon 

 performance, unless such requirements are neces- 

 sary to test or demonstrate a specific thing or to 

 provide for necessary Interchangeability of parts 

 and equipment, or at least two brand names or 

 trade names of comparable quality or utility are 

 listed and are followed by the words "or equal". 

 (b)(1) Notwithstanding any other provision of 



this subchapter, the Administrator shall not approve 

 any grant for any treatment works under section 

 1281(g)(1) of this title after March 1. 1973, unless 

 he shall first have determined that the applicant (A) 

 has adopted or will adopt a system of charges to 

 assure that each recipient of waste treatment 

 services within the applicant's jurisdiction, as deter- 

 mined by the Administrator, will pay its proportion- 

 ate share of the costs of operation and maintenance 

 (including replacement) of any waste treatment 

 services provided by the applicant: (B) has made 



provision for the payment to such applicant by the 

 industrial users of the treatment works, of that por- 

 tion of the cost of construction of such treatment 

 works (as determined by the Administrator) which 

 is allocable to the treatment of such industrial 

 wastes to the extent attributable to the Federal share 

 of the cost of construction; and (C) has legal, in- 

 stitutional, managerial, and financial capability to 

 insure adequate construction, operation, and main- 

 tenance of treatment works throughout the appli- 

 cant's jurisdiction, as determined by the Admin- 

 istrator. 



(2) The Administrator shall, within one hundred 

 and eighty days after October 18. 1972, and after 

 consultation with appropriate State, interstate, 

 municipal, and intermunicipal agencies, issue guide- 

 lines applicable to payment of waste treatment costs 

 by industrial and nonindustrial recipients of waste 

 treatment services which shall establish (A) classes 

 of users of such services. Including categories of 

 industrial users; (B) criteria against which to deter- 

 mine the adequacy of charges imposed on classes 

 and categories of users refiecting all factors that 

 infiuence the cost of waste treatment, including 

 strength, volume, and delivery fiow rate character- 

 istics of waste; and (C) model systems and rates of 

 user charges typical of various treatment works 

 serving municipal-industrial communities. 



(3) The grantee shall retain an amount of the 

 revenues derived from the payment of costs by in- 

 dustrial users of waste treatment services, to the 

 extent costs are attributable to the Federal share of 

 eligible project costs provided pursuant to this sub- 

 chapter as determined by the Administrator, equal 

 to (A) the amount of the non-Federal cost of such 

 project paid by the grantee plus (B) the amount, 

 determined in accordance with regulations promul- 

 gated by the Administrator, necessary for future 

 expansion and reconstruction of the project, except 

 that such retained amount shall not exceed 50 per 

 centum of such revenues from such project. AJl 

 revenues from such project not retained by the 

 grantee shall be deposited by the Administrator In 

 the Treasury as miscellaneous receipts That portion 

 of the revenues retained by the grantee attributable 

 to clause (B) of the first sentence of this paragraph, 

 together with any interest thereon shall be used 

 solely for the purposes of future expansion anri 

 reconstruction of the project. 



(4) Approval by the Administrator of a grant to 

 an interstate agency established by interstate com- 

 pact for any treatment works shall satisfy any other 

 requirement that such works be authorized by Act 

 of Congress. (June 30, 1948. ch. 758, title n. § 204, 

 as added Oct. 18, 1972, Pub. L. 92-500. § 2. 86 Stat. 

 835.) 



§ 1285. Allotment of gmnt funds. 



(a) Sums authorized to be appropriated pursuant 

 to section 1287 of this title for each fiscal year 

 beginning after June 30. 1972, shall be allotted by 

 the Administrator not later than the January 1st 

 Immediately preceding the beginning of the fiscal 

 year for which authorized, except that the allotment 

 for fiscal year 1973 shall be made not later than 30 

 days after October 18, 1972. Such sums shall be 



