33 U.S.C. § 1286

Reimbursement and advanced construction

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(a) Publicly owned treatment works construction initiated after June 30, 1966, but before July 1, 1973; reimbursement formula

Any publicly owned treatment works in a State on which construction was initiated after June 30, 1966, but before July 1, 1973, which was approved by the appropriate State water pollution control agency and which the Administrator finds meets the requirements of section 1158 of this title in effect at the time of the initiation of construction shall be reimbursed a total amount equal to the difference between the amount of Federal financial assistance, if any, received under such section 1158 of this title for such project and 50 per centum of the cost of such project, or 55 per centum of the project cost where the Administrator also determines that such treatment works was constructed in conformity with a comprehensive metropolitan treatment plan as described in section 1158(f) of this title as in effect immediately prior to October 18, 1972. Nothing in this subsection shall result in any such works receiving Federal grants from all sources in excess of 80 per centum of the cost of such project.

(b) Publicly owned treatment works construction initiated between June 30, 1956, and June 30, 1966; reimbursement formula

Any publicly owned treatment works constructed with or eligible for Federal financial assistance under this Act in a State between June 30, 1956, and June 30, 1966, which was approved by the State water pollution control agency and which the Administrator finds meets the requirements of section 1158 of this title prior to October 18, 1972 but which was constructed without assistance under such section 1158 of this title or which received such assistance in an amount less than 30 per centum of the cost of such project shall qualify for payments and reimbursement of State or local funds used for such project from sums allocated to such State under this section in an amount which shall not exceed the difference between the amount of such assistance, if any, received for such project and 30 per centum of the cost of such project.

No publicly owned treatment works shall receive any payment or reimbursement under subsection (a) or (b) of this section unless an application for such assistance is filed with the Administrator within the one year period which begins on October 18, 1972. Any application filed within such one year period may be revised from time to time, as may be necessary.

(d) Allocation of funds

The Administrator shall allocate to each qualified project under subsection (a) of this section each fiscal year for which funds are appropriated under subsection (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement due such project as the total of such funds for such year bears to the total unpaid balance of reimbursement due all such approved projects on the date of enactment of such appropriation. The Administrator shall allocate to each qualified project under subsection (b) of this section each fiscal year for which funds are appropriated under subsection (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement due such project as the total of such funds for such year bears to the total unpaid balance of reimbursement due all such approved projects on the date of enactment of such appropriation.

(e) Authorization of appropriations

There is authorized to be appropriated to carry out subsection (a) of this section not to exceed $2,600,000,000 and, to carry out subsection (b) of this section, not to exceed $750,000,000. The authorizations contained in this subsection shall be the sole source of funds for reimbursements authorized by this section.

(f) Additional funds(1) In any case where a substantial portion of the funds allotted to a State for the current fiscal year under this subchapter have been obligated under section 1281(g) of this title, or will be so obligated in a timely manner (as determined by the Administrator), and there is construction of any treatment works project without the aid of Federal funds and in accordance with all procedures and all requirements applicable to treatment works projects, except those procedures and requirements which limit construction of projects to those constructed with the aid of previously allotted Federal funds, the Administrator, upon his approval of an application made under this subsection therefor, is authorized to pay the Federal share of the cost of construction of such project when additional funds are allotted to the State under this subchapter if prior to the construction of the project the Administrator approves plans, specifications, and estimates therefor in the same manner as other treatment works projects. The Administrator may not approve an application under this subsection unless an authorization is in effect for the first fiscal year in the period for which the application requests payment and such requested payment for that fiscal year does not exceed the State’s expected allotment from such authorization. The Administrator shall not be required to make such requested payment for any fiscal year—(A) to the extent that such payment would exceed such State’s allotment of the amount appropriated for such fiscal year; and(B) unless such payment is for a project which, on the basis of an approved funding priority list of such State, is eligible to receive such payment based on the allotment and appropriation for such fiscal year.To the extent that sufficient funds are not appropriated to pay the full Federal share with respect to a project for which obligations under the provisions of this subsection have been made, the Administrator shall reduce the Federal share to such amount less than 75 per centum as such appropriations do provide.(2) In determining the allotment for any fiscal year under this subchapter, any treatment works project constructed in accordance with this section and without the aid of Federal funds shall not be considered completed until an application under the provisions of this subsection with respect to such project has been approved by the Administrator, or the availability of funds from which this project is eligible for reimbursement has expired, whichever first occurs.(June 30, 1948, ch. 758, title II, § 206, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 838; amended Pub. L. 93–207, § 1(2), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95–217, § 29(a), Dec. 27, 1977, 91 Stat. 1576; Pub. L. 96–483, § 5, Oct. 21, 1980, 94 Stat. 2361.)Editorial NotesReferences in Text

Section 1158 of this title, referred to in subsecs. (a) and (b), refers to section 8 of act June 30, 1948, ch. 758, 62 Stat. 1158, prior to the supersedure and reenactment of act June 30, 1948, by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816. Provisions of section 1158 of this title are covered by this subchapter.

This Act, referred to in subsec. (b), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to the supersedure and reenactment of act June 30, 1948 by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816. Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816, enacted this chapter.

Amendments

1980—Subsec. (f)(1). Pub. L. 96–483 substituted “In any case where a substantial portion of the funds allotted to a State for the current fiscal year under this subchapter have been obligated under section 1281(g) of this title, or will be so obligated in a timely manner (as determined by the Administrator)” for “In any case where all funds allotted to a State under this subchapter have been obligated under section 1283 of this title”, substituted “first fiscal year” for “future fiscal year”, inserted “in the period” before “for which the application”, substituted “and such requested payment for that fiscal year does not exceed the State’s expected allotment from such authorization. The Administrator shall not be required to make such requested payment for any fiscal year—” for “which authorization will insure such payment without exceeding the State’s expected allotment from such authorization.”, and added subpars. (A), (B), and provisions following subpar. (B).

1977—Subsec. (a). Pub. L. 95–217 substituted “July 1, 1973” for “July 1, 1972”.

1973—Subsec. (e). Pub. L. 93–207 substituted “$2,600,000,000” for “$2,000,000,000”.

Statutory Notes and Related SubsidiariesApplication for Assistance for Publicly Owned Treatment Works Where Grants Were Made Before July 2, 1972, and on Which Construction Was Initiated Before July 1, 1973

Pub. L. 95–217, § 29(b), Dec. 27, 1977, 91 Stat. 1576, provided that applications for assistance for publicly owned treatment works for which a grant was made under this chapter before July 1, 1972, and on which construction was initiated before July 1, 1973, be filed not later than the ninetieth day after Dec. 27, 1977.

Application for Assistance

Pub. L. 93–207, § 2, Dec. 28, 1973, 87 Stat. 906, provided that notwithstanding the requirements of subsec. (c) of this section, applications for assistance under this section could have been filed with the Administrator until Jan. 31, 1974.

Allocation of Construction Grants Appropriated for the Year Ending June 30, 1973; Interim Payments; Limitations

Pub. L. 93–207, § 3, Dec. 28, 1973, 87 Stat. 906, provided that: “Funds available for reimbursement under Public Law 92–399 [making appropriations for Agriculture-Environmental and Consumer Protection Programs for the fiscal year ending June 30, 1973] shall be allocated in accordance with subsection (d) of section 206 of the Federal Water Pollution Control Act (86 Stat. 838) [subsec. (d) of this section], pro rata among all projects eligible under subsection (a) of such section 206 [subsec. (a) of this section] for which applications have been submitted and approved by the Administrator pursuant to such Act [this chapter]. Notwithstanding the provisions of subsection (d) of such section 206, (1) the Administrator is authorized to make interim payments to each such project for which an application has been approved on the basis of estimates of maximum pro rata entitlement of all applicants under section 206(a) and (2) for the purpose of determining allocation of sums available under Public Law 92–399, the unpaid balance of reimbursement due such projects shall be computed as of January 31, 1974. Upon completion by the Administrator of his audit and approval of all projects for which an application has been filed under subsection (a) of such section 206, the Administrator shall, within the limits of appropriated funds, allocate to each such qualified project the amount remaining, if any, of its total entitlement. Amounts allocated to projects which are later determined to be in excess of entitlement shall be available for reallocation, until expended, to other qualified projects under subsection (a) of such section 206. In no event, however, shall any payments exceed the Federal share of the cost of construction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project.”

Notes of Decisions

Cited in 13 cases, 1975–1994 · leading case: Rochester Pure Waters Dist. v. USEPA, 724 F. Supp. 1038 (D.D.C. 1989).

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Rochester Pure Waters Dist. v. USEPA, 724 F. Supp. 1038 (D.D.C. 1989). · cites it 7× “Through this request, Rochester sought reimbursement of $3,986,884 which resulted from its defense of the Monsanto and Vinderlinde litigation, claiming entitlement to the funds as a revision pursuant to 33 U.S.C. § 1286 (c). Rochester presented the request to the New York State…”

Williamsport Sanitary Auth. v. Train, 464 F. Supp. 768 (M.D. Penn. 1979). · cites it 3× “Plaintiff’s action seeks declaratory, injunctive and mandamus relief under § 206(a) of the 1972 Amendments, 33 U.S.C. § 1286 (a), in order to compel the Defendant to perform his alleged obligations under this statutory provision and to prohibit him from paying money owing to the…”

Commonwealth of Pennsylvania Dep't of Env't Resources v. Williamsport Sanitary Auth., 497 F. Supp. 1173 (M.D. Penn. 1980). · cites it 3× “00 paid to DER in July 1974 by the United States Environmental Protection Agency (EPA) pursuant to § 206(a) of the 1972 amendments to the Water Pollution Control Act, 33 U.S.C. § 1286 (a). If the Court concludes that the Sanitary Authority was entitled to the money, the Court…”

15192 Thirteen Mile Road, Inc. v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985). “§ 111 (b) (1975) Navigation & Navigable Waters, 33 U.S.C.A. § 1286 (f)(1) (Supp.1985). Newspaper Preservation Act, 15 U.”

Dobbs v. Train, 409 F. Supp. 432 (N.D. Ga. 1975). · cites it 2× “” The complaint in this case challenges the EPA’s decision that the City of Covington was ineligible for reimbursement for certain sewage treatment costs claimed under Section 206 of the Act, 33 U.S.C. § 1286 . The chronological order of events in regard to construction of the…”

W. L. Dobbs, Mayor & City of Covington, Georgia v. Honorable Douglas M. Costle, Adm'r, 559 F.2d 946 (5th Cir. 1977). “838 , 33 U.S.C. § 1286 (a). That section reads: Any publicly owned treatment works in a State on which construction was initiated after June 30, 1966, but before July 1, 1972, which was approved by the appropriate State water pollution control agency and which the Administrator…”

Heart of the Valley Metro. Sewerage Dist. v. United States Env't Prot. Agency, 532 F. Supp. 314 (E.D. Wis. 1981). “Rather, the Board focused its attention on the funding heritage of the Kaukauna treatment works and reached three major conclusions: (1) that existing treatment works could not be funded by EPA beyond 55 percent funding provided under section 206(a) of the 1972 Amendments, 33…”

Mun. Auth., Etc. v. Com. of Pa., Etc., 496 F. Supp. 686 (M.D. Penn. 1980). “The action is being brought on behalf of a class of municipal authorities who have claims against the Defendants for federal grant funds awarded under § 206(a) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1286 (a) (hereinafter § 206(a) money).”

Mun. Auth., Etc. v. Com. of Pa., 527 F. Supp. 982 (M.D. Penn. 1981). “Pursuant to section 206(a) of the Amendments, 33 U.S.C. § 1286 (a), federal grants were provided for construction projects which had not received the maximum federal grant assistance under the original Act, to bring the federal funding for that project up to 55% level.”

Bear Creek Valley Sanitary Auth. Ex Rel. Bashaw v. Hopkins, 631 P.2d 808 (Or. Ct. App. 1981). “7 The Authority also received, apparently beginning in 1974, proceeds of a reimbursement grant provided by the federal government pursuant to 33 USC § 1286 , enacted in 1972, which provides, in part: "(a) Any publicly owned treatment works in a State on which construction was…”

Mun. Auth. v. Pennsylvania, 527 F. Supp. 982 (M.D. Penn. 1981). “Pursuant to section 206(a) of the Amendments, 33 U.S.C. § 1286 (a), federal grants were provided for construction projects which had not received the maximum federal grant assistance under the original Act, to bring the federal funding for that project up to 55% level.”

State Water Control Bd. v. Train, 424 F. Supp. 146 (E.D. Va. 1976). “See 33 U.S.C.A. § 1286 . The failure to include a similar reimbursement provision in the Act coupled with the above cited two sections, so it is argued, exhibits a Congressional understanding that the $18 billion authorized would be sufficient to cover the federal share of…”

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