---
kind: "section"
citation: "40 C.F.R. § 35.2034"
title: "40"
number: "35.2034"
heading: "Privately owned individual systems."
url: "https://uscodex.org/cfr/40/35.2034"
---

# §35.2034. Privately owned individual systems.

- (a) An eligible applicant may apply for a grant to build privately owned treatment works serving one or more principal residences or small commercial establishments.
- (b) In addition to those applicable limitations set forth in [§§ 35.2100 through 35.2127](/cfr/40/35.2100..35.2127.md) the grant applicant shall:
  - (1) Demonstrate that the total cost and environmental impact of building the individual system will be less than the cost of a conventional system;
  - (2) Certify that the principal residence or small commercial establishment was constructed before December 27, 1977, and inhabited or in use on or before that date;
  - (3) Apply on behalf of a number of individual units to be served in the facilities planning area;
  - (4) Certify that public ownership of such works is not feasible and list the reasons; and
  - (5) Certify that such treatment works will be properly operated and maintained and will comply with all other requirements of [section 204](/cfr/40/204.md) of the Act.

## Notes

### Authority

Authority: Secs. 101(e), 109(b), 201 through 205, 207, 208(d), 210 through 212, 215 through 219, 304(d)(3), 313, 501, 502, 511 and 516(b) of the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

### Source

Source: 49 FR 6234, Feb. 17, 1984, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.