40 C.F.R. § 35.2108

Phased or segmented treatment works

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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:

(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) of the Act.

[49 FR 6234, Feb. 17, 1984, as amended at 50 FR 45895, Nov. 4, 1985]

Notes of Decisions

Cited in 2 cases, 1984–1984 · leading case: Allegheny Cnty. Sanitary Auth. v. United States Env't Prot. Agency, 732 F.2d 1167 (3rd Cir. 1984).

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Allegheny Cnty. Sanitary Auth. v. United States Env't Prot. Agency, 732 F.2d 1167 (3rd Cir. 1984). “See 40 C.F.R. § 35.2108 (a) (1983). In this instance, also, no public hearings were held.”

Town of Orangetown v. Ruckelshaus, 579 F. Supp. 15 (S.D.N.Y. 1984). “See 40 C.F.R. § 35.2108 . IV. Attorney’s Fees.”

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