U.S. Code » Title 33 » Chapter CHAPTER 26— WATER POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER II— GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

33 U.S.C. § 1292

Definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 33 CasesGoogle Scholar
As used in this subchapter—(1) The term “construction” means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, field testing of innovative or alternative waste water treatment processes and techniques meeting guidelines promulgated under section 1314(d)(3) of this title, or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items.(2)(A) The term “treatment works” means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 1281 of this title, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and acquisition of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems prior to land application) or will be used for ultimate disposal of residues resulting from such treatment and acquisition of other land, and interests in land, that are necessary for construction.(B) In addition to the definition contained in subparagraph (A) of this paragraph, “treatment works” means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. Any application for construction grants which includes wholly or in part such methods or systems shall, in accordance with guidelines published by the Administrator pursuant to subparagraph (C) of this paragraph, contain adequate data and analysis demonstrating such proposal to be, over the life of such works, the most cost efficient alternative to comply with sections 1311 or 1312 of this title, or the requirements of section 1281 of this title.(C) For the purposes of subparagraph (B) of this paragraph, the Administrator shall, within one hundred and eighty days after October 18, 1972, publish and thereafter revise no less often than annually, guidelines for the evaluation of methods, including cost-effective analysis, described in subparagraph (B) of this paragraph.(3) The term “replacement” as used in this subchapter means those expenditures for obtaining and installing equipment, accessories, or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which such works are designed and constructed.(June 30, 1948, ch. 758, title II, § 212, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L. 95–217, § 37, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97–117, § 8(d), Dec. 29, 1981, 95 Stat. 1626; Pub. L. 113–121, title V, § 5012(a), June 10, 2014, 128 Stat. 1328.)Editorial NotesAmendments

2014—Par. (2)(A). Pub. L. 113–121 struck out “any works, including site” before “acquisition of the land”, substituted “will be used for ultimate” for “is used for ultimate”, and inserted “and acquisition of other land, and interests in land, that are necessary for construction” before period at end.

1981—Par. (1). Pub. L. 97–117 inserted “field testing of innovative or alternative waste water treatment processes and techniques meeting guidelines promulgated under section 1314(d)(3) of this title,” after “procedures,”.

1977—Par. (2)(A). Pub. L. 95–217 inserted “(including land used for the storage of treated wastewater in land treatment systems prior to land application)” after “integral part of the treatment process”.

Statutory Notes and Related SubsidiariesEffective Date of 2014 Amendment

Pub. L. 113–121, title V, § 5012(c), June 10, 2014, 128 Stat. 1328, provided that: “The amendments made by this section [amending this section and section 1362 of this title] shall take effect on October 1, 2014.”

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1974–2023 · leading case: Sacramento Reg'l Cnty. Sanitation Dist. v. Thomas, 668 F. Supp. 1427 (E.D. Cal. 1987).
Sort: Relevance Newest Treatment
Sacramento Reg'l Cnty. Sanitation Dist. v. Thomas, 668 F. Supp. 1427 (E.D. Cal. 1987). · cites it 6× “§ 1292(2)(A) Under 33 U.S.C. § 1292 (2)(A), “treatment works” is defined to mean any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage .”
United States v. Velsicol Chem. Corp., 438 F. Supp. 945 (W.D. Tenn. 1976). · cites it 2× “The Order also declared that the statutory definition of “treatment works,” 33 U.S.C. § 1292 (2)(B), is sufficiently broad to encompass the City System, which does not treat *948 the waste flowing through it but merely transmits it to the Mississippi River.”
Nat'l Ass'n of Clean Water Agencies v. Env't Prot. Agency, 734 F.3d 1115 (D.C. Cir. 2013). “See 33 U.S.C. § 1292 (2)(A); 40 C.F.R. §§ 60.”
United States v. Kuhn, 165 F. Supp. 2d 639 (E.D. Mich. 2001). · cites it 3× “sewage sludge resulting from the operation of the Bay City Wastewater Treatment Plant, a treatment works as defined in 33 U.S.C. § 1292 , from one location and its deposit at another location, and thereby, without a permit, caused a pollutant from that sewage sludge to enter…”
United States v. John Borowski, 977 F.2d 27 (1st Cir. 1992). · cites it 2× “33 U.S.C. § 1292 (2). The section with which we are concerned, however — § 1317(b) — limits its scope to “the discharge of any pollutant through treatment works (as defined in section 1292 of this title) which are publicly owned .”
Carr v. Oake Tree Apts., 786 So. 2d 230 (La. Ct. App. 2001). “§ 1345 (a) referring to "disposal of sewage sludge resulting from the operation of a treatment works as defined in section 1292" is limited as provided in 33 U.S.C.A. § 1292 to treatment works for municipal sewage or industrial wastes.”
S. Appalachian Mountain Stewards v. A & G Coal Corp., 758 F.3d 560 (4th Cir. 2014). “Our jurisdiction to hear this appeal is predicated upon 33 U.S.C. § 1292 (a)(1), which allows an appeal of such an order.”
United States of Am.,plaintiff-Appellant v. Jamie John Hagberg, Opinion, 207 F.3d 569 (9th Cir. 2000). “A disposal permit issued by the EPA is required “where the disposal of sewage sludge resulting from the operation of a treatment works as defined in [ 33 U.S.C. § 1292 ] ... would result in any pollutant from such sewage sludge entering the navigable waters.”
The City of Columbia, South Carolina v. Douglas M. Costle, Adm'r, Env't Prot. Agency, an Agency of the United States of Am., 710 F.2d 1009 (4th Cir. 1983). “” 33 U.S.C. § 1292 (2)(A) (emphasis added).”
City of New Haven v. Train, 424 F. Supp. 648 (D. Conn. 1976). · cites it 2× “I Plaintiff’s statutory argument challenges the Administrator’s authority to disapprove a site as being contrary to both the general scheme of the Act and the specific language of 33 U.S.C. § 1292 defining “treatment works” and requiring cost effectiveness data.”
Montgomery Env't Coalition v. Costle, 646 F.2d 568 (D.C. Cir. 1980). · cites it 2× “II 1978), are referred to in this opinion by their designation in the Statutes at Large. The parallel United States Code citations for the sections to which most frequent reference is made are as follows: Section 101- 33 U.”
City of New Brunswick v. Borough of Milltown, 519 F. Supp. 878 (D.N.J. 1981). “of the costs of operation and maintenance (including replacement) of any waste treatment services provided by the applicant .”
Show all 24 citing cases →
— 33 U.S.C. § 1292(2) — 1 case
City of North Miami, Florida v. Train, 377 F. Supp. 1264 (S.D. Fla. 1974).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.