§ 35.2108. Phased or segmented treatment works.
242 words·~1 min read·
/us/cfr/t40/s§ 35.2108·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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]