---
kind: "section"
citation: "40 C.F.R. § 35.2108"
title: "40"
number: "35.2108"
heading: "Phased or segmented treatment works."
url: "https://uscodex.org/cfr/40/35.2108"
---

# §35.2108. Phased or segmented treatment works.


Grant funding may be awarded for a phase or segment of a treatment works, subject to the limitations of [§ 35.2123](/cfr/40/35.2123.md), although that phase or segment does not result in compliance with the enforceable requirements of the Act, provided:

- (a) 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
- (b) Except in the case of a grant solely for the acquisition of eligible real property, one or more of the following conditions exist:
  - (1) 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;
  - (2) The period to complete the building of the treatment works will cover three years or more;
  - (3) The treatment works must be phased or segmented to meet the requirements of a Federal or State court order; or
  - (4) 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)](/cfr/40/301.md?p=h) of the Act.

## Notes

### 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]