§ 1301. — Sewer overflow control grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1301]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 1301. Sewer overflow control grants
(a) In general
In any fiscal year in which the Administrator has available for
obligation at least $1,350,000,000 for the purposes of section 1381 of
this title--
(1) the Administrator may make grants to States for the purpose
of providing grants to a municipality or municipal entity for
planning, design, and construction of treatment works to intercept,
transport, control, or treat municipal combined sewer overflows and
sanitary sewer overflows; and
(2) subject to subsection (g) of this section, the Administrator
may make a direct grant to a municipality or municipal entity for
the purposes described in paragraph (1).
(b) Prioritization
In selecting from among municipalities applying for grants under
subsection (a) of this section, a State or the Administrator shall give
priority to an applicant that--
(1) is a municipality that is a financially distressed community
under subsection (c) of this section;
(2) has implemented or is complying with an implementation
schedule for the nine minimum controls specified in the CSO control
policy referred to in section 1342(q)(1) of this title and has begun
implementing a long-term municipal combined sewer overflow control
plan or a separate sanitary sewer overflow control plan;
(3) is requesting a grant for a project that is on a State's
intended use plan pursuant to section 1386(c) of this title; or
(4) is an Alaska Native Village.
(c) Financially distressed community
(1) Definition
In subsection (b) of this section, the term ``financially
distressed community'' means a community that meets affordability
criteria established by the State in which the community is located,
if such criteria are developed after public review and comment.
(2) Consideration of impact on water and sewer rates
In determining if a community is a distressed community for the
purposes of subsection (b) of this section, the State shall
consider, among other factors, the extent to which the rate of
growth of a community's tax base has been historically slow such
that implementing a plan described in subsection (b)(2) of this
section would result in a significant increase in any water or sewer
rate charged by the community's publicly owned wastewater treatment
facility.
(3) Information to assist States
The Administrator may publish information to assist States in
establishing affordability criteria under paragraph (1).
(d) Cost-sharing
The Federal share of the cost of activities carried out using
amounts from a grant made under subsection (a) of this section shall be
not less than 55 percent of the cost. The non-Federal share of the cost
may include, in any amount, public and private funds and in-kind
services, and may include, notwithstanding section 1383(h) of this
title, financial assistance, including loans, from a State water
pollution control revolving fund.
(e) Administrative reporting requirements
If a project receives grant assistance under subsection (a) of this
section and loan assistance from a State water pollution control
revolving fund and the loan assistance is for 15 percent or more of the
cost of the project, the project may be administered in accordance with
State water pollution control revolving fund administrative reporting
requirements for the purposes of streamlining such requirements.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$750,000,000 for each of fiscal years 2002 and 2003. Such sums shall
remain available until expended.
(g) Allocation of funds
(1) Fiscal year 2002
Subject to subsection (h) of this section, the Administrator
shall use the amounts appropriated to carry out this section for
fiscal year 2002 for making grants to municipalities and municipal
entities under subsection (a)(2) of this section, in accordance with
the criteria set forth in subsection (b) of this section.
(2) Fiscal year 2003
Subject to subsection (h) of this section, the Administrator
shall use the amounts appropriated to carry out this section for
fiscal year 2003 as follows:
(A) Not to exceed $250,000,000 for making grants to
municipalities and municipal entities under subsection (a)(2) of
this section, in accordance with the criteria set forth in
subsection (b) of this section.
(B) All remaining amounts for making grants to States under
subsection (a)(1) of this section, in accordance with a formula
to be established by the Administrator, after providing notice
and an opportunity for public comment, that allocates to each
State a proportional share of such amounts based on the total
needs of the State for municipal combined sewer overflow
controls and sanitary sewer overflow controls identified in the
most recent survey conducted pursuant to section 1375(b)(1) of
this title.
(h) Administrative expenses
Of the amounts appropriated to carry out this section for each
fiscal year--
(1) the Administrator may retain an amount not to exceed 1
percent for the reasonable and necessary costs of administering this
section; and
(2) the Administrator, or a State, may retain an amount not to
exceed 4 percent of any grant made to a municipality or municipal
entity under subsection (a) of this section, for the reasonable and
necessary costs of administering the grant.
(i) Reports
Not later than December 31, 2003, and periodically thereafter, the
Administrator shall transmit to Congress a report containing recommended
funding levels for grants under this section. The recommended funding
levels shall be sufficient to ensure the continued expeditious
implementation of municipal combined sewer overflow and sanitary sewer
overflow controls nationwide.
(June 30, 1948, ch. 758, title II, Sec. 221, as added Pub. L. 106-554,
Sec. 1(a)(4) [div. B, title I, Sec. 112(c)], Dec. 21, 2000, 114 Stat.
2763, 2763A-225.)
Information on CSOS and SSOS
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(d)], Dec.
21, 2000, 114 Stat. 2763, 2763A-227, provided that:
``(1) Report to congress.--Not later than 3 years after the date of
enactment of this Act [Dec. 21, 2000], the Administrator of the
Environmental Protection Agency shall transmit to Congress a report
summarizing--
``(A) the extent of the human health and environmental impacts
caused by municipal combined sewer overflows and sanitary sewer
overflows, including the location of discharges causing such
impacts, the volume of pollutants discharged, and the constituents
discharged;
``(B) the resources spent by municipalities to address these
impacts; and
``(C) an evaluation of the technologies used by municipalities
to address these impacts.
``(2) Technology clearinghouse.--After transmitting a report under
paragraph (1), the Administrator shall maintain a clearinghouse of cost-
effective and efficient technologies for addressing human health and
environmental impacts due to municipal combined sewer overflows and
sanitary sewer overflows.''
