Sewer overflow control grants
In general
In any fiscal year in which the Administrator has available for obligation at least $1,350,000,000 for the purposes of section 1381 of this title—
the Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows; and
subject to subsection (g) of this section, the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1).
Prioritization
In selecting from among municipalities applying for grants under subsection (a) of this section, a State or the Administrator shall give priority to an applicant that—
is a municipality that is a financially distressed community under subsection (c) of this section;
has implemented or is complying with an implementation schedule for the nine minimum controls specified in the CSO control policy referred to in section 1342(q)(1) of this title and has begun implementing a long-term municipal combined sewer overflow control plan or a separate sanitary sewer overflow control plan;
is requesting a grant for a project that is on a State’s intended use plan pursuant to section 1386(c) of this title; or
is an Alaska Native Village.
Financially distressed community
Definition
Consideration of impact on water and sewer rates
Information to assist States
Cost-sharing
Administrative reporting requirements
Authorization of appropriations
Allocation of funds
Fiscal year 2002
Fiscal year 2003
Subject to subsection (h) of this section, the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2003 as follows:
Not to exceed $250,000,000 for making grants to municipalities and municipal entities under subsection (a)(2) of this section, in accordance with the criteria set forth in subsection (b) of this section.
All remaining amounts for making grants to States under subsection (a)(1) of this section, in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls identified in the most recent survey conducted pursuant to section 1375(b)(1) of this title.
Administrative expenses
Of the amounts appropriated to carry out this section for each fiscal year—
the Administrator may retain an amount not to exceed 1 percent for the reasonable and necessary costs of administering this section; and
the Administrator, or a State, may retain an amount not to exceed 4 percent of any grant made to a municipality or municipal entity under subsection (a) of this section, for the reasonable and necessary costs of administering the grant.
Reports
Source
(June 30, 1948, ch. 758, title II, § 221, as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(c)],Notes
Information on CSOS and SSOS
Report to congress.—
Not later than 3 years after the date of enactment of this Act [
the extent of the human health and environmental impacts caused by municipal combined sewer overflows and sanitary sewer overflows, including the location of discharges causing such impacts, the volume of pollutants discharged, and the constituents discharged;
the resources spent by municipalities to address these impacts; and
an evaluation of the technologies used by municipalities to address these impacts.
Technology clearinghouse.—
After transmitting a report under paragraph (1), the Administrator shall maintain a clearinghouse of cost-effective and efficient technologies for addressing human health and environmental impacts due to municipal combined sewer overflows and sanitary sewer overflows.”