§ 1296. — Determination of priority of projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1296]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 1296. Determination of priority of projects
Notwithstanding any other provision of this chapter, the
determination of the priority to be given each category of projects for
construction of publicly owned treatment works within each State shall
be made solely by that State, except that if the Administrator, after a
public hearing, determines that a specific project will not result in
compliance with the enforceable requirements of this chapter, such
project shall be removed from the State's priority list and such State
shall submit a revised priority list. These categories shall include,
but not be limited to (A) secondary treatment, (B) more stringent
treatment, (C) infiltration-in-flow correction, (D) major sewer system
rehabilitation, (E) new collector sewers and appurtenances, (F) new
interceptors and appurtenances, and (G) correction of combined sewer
overflows. Not less than 25 per centum of funds allocated to a State in
any fiscal year under this subchapter for construction of publicly owned
treatment works in such State shall be obligated for those types of
projects referred to in clauses (D), (E), (F), and (G) of this section,
if such projects are on such State's priority list for that year and are
otherwise eligible for funding in that fiscal year. It is the policy of
Congress that projects for wastewater treatment and management
undertaken with Federal financial assistance under this chapter by any
State, municipality, or intermunicipal or interstate agency shall be
projects which, in the estimation of the State, are designed to achieve
optimum water quality management, consistent with the public health and
water quality goals and requirements of this chapter.
(June 30, 1948, ch. 758, title II, Sec. 216, as added Pub. L. 95-217,
Sec. 40, Dec. 27, 1977, 91 Stat. 1582; amended Pub. L. 97-117, Sec. 18,
Dec. 29, 1981, 95 Stat. 1630.)
Amendments
1981--Pub. L. 97-117 inserted provision that it is the policy of
Congress that projects for wastewater treatment and management
undertaken with Federal financial assistance under this chapter by any
State, municipality, or intermunicipal or interstate agency be projects
which, in the estimation of the State, are designed to achieve optimum
water quality management, consistent with the public health and water
quality goals and requirements of this chapter.
Section Referred to in Other Sections
This section is referred to in sections 1377, 1383, 1386 of this
title.
