[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1288]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 1288. Areawide waste treatment management
(a) Identification and designation of areas having substantial water
quality control problems
For the purpose of encouraging and facilitating the development and
implementation of areawide waste treatment management plans--
(1) The Administrator, within ninety days after October 18,
1972, and after consultation with appropriate Federal, State, and
local authorities, shall by regulation publish guidelines for the
identification of those areas which, as a result of urban-industrial
concentrations or other factors, have substantial water quality
control problems.
(2) The Governor of each State, within sixty days after
publication of the guidelines issued pursuant to paragraph (1) of
this subsection, shall identify each area within the State which, as
a result of urban-industrial concentrations or other factors, has
substantial water quality control problems. Not later than one
hundred and twenty days following such identification and after
consultation with appropriate elected and other officials of local
governments having jurisdiction in such areas, the Governor shall
designate (A) the boundaries of each such area, and (B) a single
representative organization, including elected officials from local
governments or their designees, capable of developing effective
areawide waste treatment management plans for such area. The
Governor may in the same manner at any later time identify any
additional area (or modify an existing area) for which he determines
areawide waste treatment management to be appropriate, designate the
boundaries of such area, and designate an organization capable of
developing effective areawide waste treatment management plans for
such area.
(3) With respect to any area which, pursuant to the guidelines
published under paragraph (1) of this subsection, is located in two
or more States, the Governors of the respective States shall consult
and cooperate in carrying out the provisions of paragraph (2), with
a view toward designating the boundaries of the interstate area
having common water quality control problems and for which areawide
waste treatment management plans would be most effective, and toward
designating, within one hundred and eighty days after publication of
guidelines issued pursuant to paragraph (1) of this subsection, of a
single representative organization capable of developing effective
areawide waste treatment management plans for such area.
(4) If a Governor does not act, either by designating or
determining not to make a designation under paragraph (2) of this
subsection, within the time required by such paragraph, or if, in
the case of an interstate area, the Governors of the States involved
do not designate a planning organization within the time required by
paragraph (3) of this subsection, the chief elected officials of
local governments within an area may by agreement designate (A) the
boundaries for such an area, and (B) a single representative
organization including elected officials from such local
governments, or their designees, capable of developing an areawide
waste treatment management plan for such area.
(5) Existing regional agencies may be designated under
paragraphs (2), (3), and (4) of this subsection.
(6) The State shall act as a planning agency for all portions of
such State which are not designated under paragraphs (2), (3), or
(4) of this subsection.
(7) Designations under this subsection shall be subject to the
approval of the Administrator.
(b) Planning process
(1)(A) Not later than one year after the date of designation of any
organization under subsection (a) of this section such organization
shall have in operation a continuing areawide waste treatment management
planning process consistent with section 1281 of this title. Plans
prepared in accordance with this process shall contain alternatives for
waste treatment management, and be applicable to all wastes generated
within the area involved. The initial plan prepared in accordance with
such process shall be certified by the Governor and submitted to the
Administrator not later than two years after the planning process is in
operation.
(B) For any agency designated after 1975 under subsection (a) of
this section and for all portions of a State for which the State is
required to act as the planning agency in accordance with subsection
(a)(6) of this section, the initial plan prepared in accordance with
such process shall be certified by the Governor and submitted to the
Administrator not later than three years after the receipt of the
initial grant award authorized under subsection (f) of this section.
(2) Any plan prepared under such process shall include, but not be
limited to--
(A) the identification of treatment works necessary to meet the
anticipated municipal and industrial waste treatment needs of the
area over a twenty-year period, annually updated (including an
analysis of alternative waste treatment systems), including any
requirements for the acquisition of land for treatment purposes; the
necessary waste water collection and urban storm water runoff
systems; and a program to provide the necessary financial
arrangements for the development of such treatment works, and an
identification of open space and recreation opportunities that can
be expected to result from improved water quality, including
consideration of potential use of lands associated with treatment
works and increased access to water-based recreation;
(B) the establishment of construction priorities for such
treatment works and time schedules for the initiation and completion
of all treatment works;
(C) the establishment of a regulatory program to--
(i) implement the waste treatment management requirements of
section 1281(c) of this title,
(ii) regulate the location, modification, and construction
of any facilities within such area which may result in any
discharge in such area, and
(iii) assure that any industrial or commercial wastes
discharged into any treatment works in such area meet applicable
pretreatment requirements;
(D) the identification of those agencies necessary to construct,
operate, and maintain all facilities required by the plan and
otherwise to carry out the plan;
(E) the identification of the measures necessary to carry out
the plan (including financing), the period of time necessary to
carry out the plan, the costs of carrying out the plan within such
time, and the economic, social, and environmental impact of carrying
out the plan within such time;
(F) a process to (i) identify, if appropriate, agriculturally
and silviculturally related nonpoint sources of pollution, including
return flows from irrigated agriculture, and their cumulative
effects, runoff from manure disposal areas, and from land used for
livestock and crop production, and (ii) set forth procedures and
methods (including land use requirements) to control to the extent
feasible such sources;
(G) a process to (i) identify, if appropriate, mine-related
sources of pollution including new, current, and abandoned surface
and underground mine runoff, and (ii) set forth procedures and
methods (including land use requirements) to control to the extent
feasible such sources;
(H) a process to (i) identify construction activity related
sources of pollution, and (ii) set forth procedures and methods
(including land use requirements) to control to the extent feasible
such sources;
(I) a process to (i) identify, if appropriate, salt water
intrusion into rivers, lakes, and estuaries resulting from reduction
of fresh water flow from any cause, including irrigation,
obstruction, ground water extraction, and diversion, and (ii) set
forth procedures and methods to control such intrusion to the extent
feasible where such procedures and methods are otherwise a part of
the waste treatment management plan;
(J) a process to control the disposition of all residual waste
generated in such area which could affect water quality; and
(K) a process to control the disposal of pollutants on land or
in subsurface excavations within such area to protect ground and
surface water quality.
(3) Areawide waste treatment management plans shall be certified
annually by the Governor or his designee (or Governors or their
designees, where more than one State is involved) as being consistent
with applicable basin plans and such areawide waste treatment management
plans shall be submitted to the Administrator for his approval.
(4)(A) Whenever the Governor of any State determines (and notifies
the Administrator) that consistency with a statewide regulatory program
under section 1313 of this title so requires, the requirements of
clauses (F) through (K) of paragraph (2) of this subsection shall be
developed and submitted by the Governor to the Administrator for
approval for application to a class or category of activity throughout
such State.
(B) Any program submitted under subparagraph (A) of this paragraph
which, in whole or in part, is to control the discharge or other
placement of dredged or fill material into the navigable waters shall
include the following:
(i) A consultation process which includes the State agency with
primary jurisdiction over fish and wildlife resources.
(ii) A process to identify and manage the discharge or other
placement of dredged or fill material which adversely affects
navigable waters, which shall complement and be coordinated with a
State program under section 1344 of this title conducted pursuant to
this chapter.
(iii) A process to assure that any activity conducted pursuant
to a best management practice will comply with the guidelines
established under section 1344(b)(1) of this title, and sections
1317 and 1343 of this title.
(iv) A process to assure that any activity conducted pursuant to
a best management practice can be terminated or modified for cause
including, but not limited to, the following:
(I) violation of any condition of the best management
practice;
(II) change in any activity that requires either a temporary
or permanent reduction or elimination of the discharge pursuant
to the best management practice.
(v) A process to assure continued coordination with Federal and
Federal-State water-related planning and reviewing processes,
including the National Wetlands Inventory.
(C) If the Governor of a State obtains approval from the
Administrator of a statewide regulatory program which meets the
requirements of subparagraph (B) of this paragraph and if such State is
administering a permit program under section 1344 of this title, no
person shall be required to obtain an individual permit pursuant to such
section, or to comply with a general permit issued pursuant to such
section, with respect to any appropriate activity within such State for
which a best management practice has been approved by the Administrator
under the program approved by the Administrator pursuant to this
paragraph.
(D)(i) Whenever the Administrator determines after public hearing
that a State is not administering a program approved under this section
in accordance with the requirements of this section, the Administrator
shall so notify the State, and if appropriate corrective action is not
taken within a reasonable time, not to exceed ninety days, the
Administrator shall withdraw approval of such program. The Administrator
shall not withdraw approval of any such program unless he shall first
have notified the State, and made public, in writing, the reasons for
such withdrawal.
(ii) In the case of a State with a program submitted and approved
under this paragraph, the Administrator shall withdraw approval of such
program under this subparagraph only for a substantial failure of the
State to administer its program in accordance with the requirements of
this paragraph.
(c) Regional operating agencies
(1) The Governor of each State, in consultation with the planning
agency designated under subsection (a) of this section, at the time a
plan is submitted to the Administrator, shall designate one or more
waste treatment management agencies (which may be an existing or newly
created local, regional, or State agency or political subdivision) for
each area designated under subsection (a) of this section and submit
such designations to the Administrator.
(2) The Administrator shall accept any such designation, unless,
within 120 days of such designation, he finds that the designated
management agency (or agencies) does not have adequate authority--
(A) to carry out appropriate portions of an areawide waste
treatment management plan developed under subsection (b) of this
section;
(B) to manage effectively waste treatment works and related
facilities serving such area in conformance with any plan required
by subsection (b) of this section;
(C) directly or by contract, to design and construct new works,
and to operate and maintain new and existing works as required by
any plan developed pursuant to subsection (b) of this section;
(D) to accept and utilize grants, or other funds from any
source, for waste treatment management purposes;
(E) to raise revenues, including the assessment of waste
treatment charges;
(F) to incur short- and long-term indebtedness;
(G) to assure in implementation of an areawide waste treatment
management plan that each participating community pays its
proportionate share of treatment costs;
(H) to refuse to receive any wastes from any municipality or
subdivision thereof, which does not comply with any provisions of an
approved plan under this section applicable to such area; and
(I) to accept for treatment industrial wastes.
(d) Conformity of works with area plan
After a waste treatment management agency having the authority
required by subsection (c) of this section has been designated under
such subsection for an area and a plan for such area has been approved
under subsection (b) of this section, the Administrator shall not make
any grant for construction of a publicly owned treatment works under
section 1281(g)(1) of this title within such area except to such
designated agency and for works in conformity with such plan.
(e) Permits not to conflict with approved plans
No permit under section 1342 of this title shall be issued for any
point source which is in conflict with a plan approved pursuant to
subsection (b) of this section.
(f) Grants
(1) The Administrator shall make grants to any agency designated
under subsection (a) of this section for payment of the reasonable costs
of developing and operating a continuing areawide waste treatment
management planning process under subsection (b) of this section.
(2) For the two-year period beginning on the date the first grant is
made under paragraph (1) of this subsection to an agency, if such first
grant is made before October 1, 1977, the amount of each such grant to
such agency shall be 100 per centum of the costs of developing and
operating a continuing areawide waste treatment management planning
process under subsection (b) of this section, and thereafter the amount
granted to such agency shall not exceed 75 per centum of such costs in
each succeeding one-year period. In the case of any other grant made to
an agency under such paragraph (1) of this subsection, the amount of
such grant shall not exceed 75 per centum of the costs of developing and
operating a continuing areawide waste treatment management planning
process in any year.
(3) Each applicant for a grant under this subsection shall submit to
the Administrator for his approval each proposal for which a grant is
applied for under this subsection. The Administrator shall act upon such
proposal as soon as practicable after it has been submitted, and his
approval of that proposal shall be deemed a contractual obligation of
the United States for the payment of its contribution to such proposal,
subject to such amounts as are provided in appropriation Acts. There is
authorized to be appropriated to carry out this subsection not to exceed
$50,000,000 for the fiscal year ending June 30, 1973, not to exceed
$100,000,000 for the fiscal year ending June 30, 1974, not to exceed
$150,000,000 per fiscal year for the fiscal years ending June 30, 1975,
September 30, 1977, September 30, 1978, September 30, 1979, and
September 30, 1980, not to exceed $100,000,000 per fiscal year for the
fiscal years ending September 30, 1981, and September 30, 1982, and such
sums as may be necessary for fiscal years 1983 through 1990.
(g) Technical assistance by Administrator
The Administrator is authorized, upon request of the Governor or the
designated planning agency, and without reimbursement, to consult with,
and provide technical assistance to, any agency designated under
subsection (a) of this section in the development of areawide waste
treatment management plans under subsection (b) of this section.
(h) Technical assistance by Secretary of the Army
(1) The Secretary of the Army, acting through the Chief of
Engineers, in cooperation with the Administrator is authorized and
directed, upon request of the Governor or the designated planning
organization, to consult with, and provide technical assistance to, any
agency designed \1\ under subsection (a) of this section in developing
and operating a continuing areawide waste treatment management planning
process under subsection (b) of this section.
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\1\ So in original. Probably should be ``designated''.
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(2) There is authorized to be appropriated to the Secretary of the
Army, to carry out this subsection, not to exceed $50,000,000 per fiscal
year for the fiscal years ending June 30, 1973, and June 30, 1974.
(i) State best management practices program
(1) The Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service, shall, upon request of the
Governor of a State, and without reimbursement, provide technical
assistance to such State in developing a statewide program for
submission to the Administrator under subsection (b)(4)(B) of this
section and in implementing such program after its approval.
(2) There is authorized to be appropriated to the Secretary of the
Interior $6,000,000 to complete the National Wetlands Inventory of the
United States, by December 31, 1981, and to provide information from
such Inventory to States as it becomes available to assist such States
in the development and operation of programs under this chapter.
(j) Agricultural cost sharing
(1) The Secretary of Agriculture, with the concurrence of the
Administrator, and acting through the Soil Conservation Service and such
other agencies of the Department of Agriculture as the Secretary may
designate, is authorized and directed to establish and administer a
program to enter into contracts, subject to such amounts as are provided
in advance by appropriation acts, of not less than five years nor more
than ten years with owners and operators having control of rural land
for the purpose of installing and maintaining measures incorporating
best management practices to control nonpoint source pollution for
improved water quality in those States or areas for which the
Administrator has approved a plan under subsection (b) of this section
where the practices to which the contracts apply are certified by the
management agency designated under subsection (c)(1) of this section to
be consistent with such plans and will result in improved water quality.
Such contracts may be entered into during the period ending not later
than September 31, 1988. Under such contracts the land owner or operator
shall agree--
(i) to effectuate a plan approved by a soil conservation
district, where one exists, under this section for his farm, ranch,
or other land substantially in accordance with the schedule outlined
therein unless any requirement thereof is waived or modified by the
Secretary;
(ii) to forfeit all rights to further payments or grants under
the contract and refund to the United States all payments and grants
received thereunder, with interest, upon his violation of the
contract at any stage during the time he has control of the land if
the Secretary, after considering the recommendations of the soil
conservation district, where one exists, and the Administrator,
determines that such violation is of such a nature as to warrant
termination of the contract, or to make refunds or accept such
payment adjustments as the Secretary may deem appropriate if he
determines that the violation by the owner or operator does not
warrant termination of the contract;
(iii) upon transfer of his right and interest in the farm,
ranch, or other land during the contract period to forfeit all
rights to further payments or grants under the contract and refund
to the United States all payments or grants received thereunder,
with interest, unless the transferee of any such land agrees with
the Secretary to assume all obligations of the contract;
(iv) not to adopt any practice specified by the Secretary on the
advice of the Administrator in the contract as a practice which
would tend to defeat the purposes of the contract;
(v) to such additional provisions as the Secretary determines
are desirable and includes in the contract to effectuate the
purposes of the program or to facilitate the practical
administration of the program.
(2) In return for such agreement by the landowner or operator the
Secretary shall agree to provide technical assistance and share the cost
of carrying out those conservation practices and measures set forth in
the contract for which he determines that cost sharing is appropriate
and in the public interest and which are approved for cost sharing by
the agency designated to implement the plan developed under subsection
(b) of this section. The portion of such cost (including labor) to be
shared shall be that part which the Secretary determines is necessary
and appropriate to effectuate the installation of the water quality
management practices and measures under the contract, but not to exceed
50 per centum of the total cost of the measures set forth in the
contract; except the Secretary may increase the matching cost share
where he determines that (1) the main benefits to be derived from the
measures are related to improving offsite water quality, and (2) the
matching share requirement would place a burden on the landowner which
would probably prevent him from participating in the program.
(3) The Secretary may terminate any contract with a landowner or
operator by mutual agreement with the owner or operator if the Secretary
determines that such termination would be in the public interest, and
may agree to such modification of contracts previously entered into as
he may determine to be desirable to carry out the purposes of the
program or facilitate the practical administration thereof or to
accomplish equitable treatment with respect to other conservation, land
use, or water quality programs.
(4) In providing assistance under this subsection the Secretary will
give priority to those areas and sources that have the most significant
effect upon water quality. Additional investigations or plans may be
made, where necessary, to supplement approved water quality management
plans, in order to determine priorities.
(5) The Secretary shall, where practicable, enter into agreements
with soil conservation districts, State soil and water conservation
agencies, or State water quality agencies to administer all or part of
the program established in this subsection under regulations developed
by the Secretary. Such agreements shall provide for the submission of
such reports as the Secretary deems necessary, and for payment by the
United States of such portion of the costs incurred in the
administration of the program as the Secretary may deem appropriate.
(6) The contracts under this subsection shall be entered into only
in areas where the management agency designated under subsection (c)(1)
of this section assures an adequate level of participation by owners and
operators having control of rural land in such areas. Within such areas
the local soil conservation district, where one exists, together with
the Secretary of Agriculture, will determine the priority of assistance
among individual land owners and operators to assure that the most
critical water quality problems are addressed.
(7) The Secretary, in consultation with the Administrator and
subject to section 1314(k) of this title, shall, not later than
September 30, 1978, promulgate regulations for carrying out this
subsection and for support and cooperation with other Federal and non-
Federal agencies for implementation of this subsection.
(8) This program shall not be used to authorize or finance projects
that would otherwise be eligible for assistance under the terms of
Public Law 83-566 [16 U.S.C. 1001 et seq.].
(9) There are hereby authorized to be appropriated to the Secretary
of Agriculture $200,000,000 for fiscal year 1979, $400,000,000 for
fiscal year 1980, $100,000,000 for fiscal year 1981, $100,000,000 for
fiscal year 1982, and such sums as may be necessary for fiscal years
1983 through 1990, to carry out this subsection. The program authorized
under this subsection shall be in addition to, and not in substitution
of, other programs in such area authorized by this or any other public
law.
(June 30, 1948, ch. 758, title II, Sec. 208, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L. 95-217, Secs. 4(e),
31, 32, 33(a), 34, 35, Dec. 27, 1977, 91 Stat. 1566, 1576-1579; Pub. L.
96-483, Sec. 1(d), (e), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4,
title I, Sec. 101(d), (e), Feb. 4, 1987, 101 Stat. 9.)
References in Text
Public Law 83-566, referred to in subsec. (j)(8), is act Aug. 4,
1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed
Protection and Flood Prevention Act, which is classified generally to
chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 1001 of Title 16 and Tables.
Amendments
1987--Subsec. (f)(3). Pub. L. 100-4, Sec. 101(d), struck out ``and''
after ``1974,'' and ``1980,'' and inserted ``, and such sums as may be
necessary for fiscal years 1983 through 1990'' after ``1982''.
Subsec. (j)(9). Pub. L. 100-4, Sec. 101(e), struck out ``and'' after
``1981,'' and inserted ``and such sums as may be necessary for fiscal
years 1983 through 1990,'' after ``1982,''.
1980--Subsec. (f)(3). Pub. L. 96-483, Sec. 1(d), inserted
authorization of not to exceed $100,000,000 per fiscal year for fiscal
years ending Sept. 30, 1981 and 1982.
Subsec. (j)(9). Pub. L. 96-483, Sec. 1(e), inserted reference to
authorization of $100,000,000 for each of fiscal years 1981 and 1982.
1977--Subsec. (b)(1). Pub. L. 95-217, Sec. 31(a), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 32, inserted ``, and an
identification of open space and recreation opportunities that can be
expected to result from improved water quality, including consideration
of potential use of lands associated with treatment works and increased
access to water-based recreation'' after ``development of such treatment
works''.
Subsec. (b)(2)(F). Pub. L. 95-217, Sec. 33(a), substituted ``sources
of pollution, including return flows from irrigated agriculture, and
their cumulative effects,'' for ``sources of pollution, including''.
Subsec. (b)(4). Pub. L. 95-217, Sec. 34(a), designated existing
provisions as subpar. (A), substituted ``to the Administrator for
approval for application to a class or category of activity throughout
such State'' for ``to the Administrator for application to all regions
within such State'', and added subpars. (B) to (D).
Subsec. (f)(2). Pub. L. 95-217, Sec. 31(b), substituted ``For the
two-year period beginning on the date the first grant is made under
paragraph (1) of this subsection to an agency, if such first grant is
made before October 1, 1977, the amount of each such grant to such
agency shall be 100 per centum of the costs of developing and operating
a continuing areawide waste treatment management planning process under
subsection (b) of this section, and thereafter the amount granted to
such agency shall not exceed 75 per centum of such costs in each
succeeding one-year period'' for ``The amount granted to any agency
under paragraph (1) of this subsection shall be 100 per centum of the
costs of developing and operating a continuing areawide waste treatment
management planning process under subsection (b) of this section for
each of the fiscal years ending on June 30, 1973, June 30, 1974, and
June 30, 1975, and shall not exceed 75 per centum of such costs in each
succeeding fiscal year'' and inserted ``In the case of any other grant
made to an agency under such paragraph (1) of this subsection, the
amount of such grant shall not exceed 75 per centum of the costs of
developing and operating a continuing areawide waste treatment
management planning process in any year.''
Subsec. (f)(3). Pub. L. 95-217, Secs. 4(e), 31(c), substituted ``and
not to exceed $150,000,000 per fiscal year for the fiscal years ending
June 30, 1975, September 30, 1977, September 30, 1978, September 30,
1979, and September 30, 1980'' for ``and not to exceed $150,000,000 for
the fiscal year ending June 30, 1975'' and inserted ``subject to such
amounts as are provided in appropriation Acts'' after ``contractual
obligation of the United States for the payment of its contribution to
such proposal''.
Subsec. (i). Pub. L. 95-217, Sec. 34(b), added subsec. (i).
Subsec. (j). Pub. L. 95-217, Sec. 35, added subsec. (j).
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, relating to compliance with this
chapter with respect to pre-construction, construction, and initial
operation of transportation system for Canadian and Alaskan natural gas
were transferred to the Federal Inspector, Office of Federal Inspector
for the Alaska Natural Gas Transportation System, until the first
anniversary of the date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(f),
203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in
Inspector transferred to Secretary of Energy by section 3012(b) of Pub.
L. 102-486, set out as an Abolition of Office of Federal Inspector note
under section 719e of Title 15, Commerce and
