§35.2108. Phased or segmented treatment works.
40 C.F.R. § 35.2108
Grant funding may be awarded for a phase or segment of a treatment works, subject to the limitations of § 35.2123, although that phase or segment does not result in compliance with the enforceable requirements of the Act, provided:
The grant agreement requires the recipient to make the treatment works of which the phase or segment is a part operational and comply with the enforceable requirements of the Act according to a schedule specified in the grant agreement regardless of whether grant funding is available for the remaining phases and segments; and
Except in the case of a grant solely for the acquisition of eligible real property, one or more of the following conditions exist:
The Federal share of the cost of building the treatment works would require a disproportionate share of the State's annual allotment relative to other needs or would require a major portion of the State's annual allotment;
The period to complete the building of the treatment works will cover three years or more;
The treatment works must be phased or segmented to meet the requirements of a Federal or State court order; or
The treatment works is being phased or segmented to build only the less-than-secondary facility pending a final decision on the applicant's request for a secondary treatment requirement waiver under section 301(h) of the Act.
Notes, amendments, and revision history
Amendments
[49 FR 6234, Feb. 17, 1984, as amended at 50 FR 45895, Nov. 4, 1985]
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.
Amendments
[49 FR 6234, Feb. 17, 1984, as amended at 50 FR 45895, Nov. 4, 1985]