601.124

Information

concerning criminal

record, moral character or loyalty. 601.123 Moral character or loyalty; reference to Special Review Committee; review and recommendation. Termination or discontinuance of award on grounds relating to moral character or loyalty. 601.125 Termination on grounds other than those relating to conviction, moral character or loyalty. AUTHORITY: The provisions of this Part 601 issued under secs. 4, 10, 70 Stat. 499, 506, as amended; 33 U.S.C. 466c, 4661, unless otherwise noted.

SOURCE: The provisions of this Part 601 appear at 31 F.R. 7114, May 14, 1966, unless otherwise noted.

Subpart A-Grants for Water Pollution Control Programs

(b) "Federal Water Pollution Control Administration" means the Federal Water Pollution Control Administration in the Department of the Interior.

(c) "Commissioner" means the Commissioner of the Federal Water Pollution Control Administration.

(d) "State water pollution control agency" means the State health authority, except that in the case of any State in which there is a single State agency, other than the State health authority, charged with the responsibility for enforcing State laws relating to the abatement of water pollution, it means such other State agency.

(e) "Interstate agency" means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution of waters.

(f) "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

(g) "Fiscal year" means a twelvemonth period beginning on July 1.

(h) "Population" means, with respect to any State, the most recent official estimates of the Department of Commerce available on January 1 preceding the fiscal year for which funds are appropriated pursuant to section 7 of the Federal Act.

(i) "Population density" means the population of the State divided by the area of the State in square miles, except that each of the thirteen States having the greatest population density shall be deemed to have a population density equal to the State having the least population density of such thirteen States.

(j) "Per capita income" means, with respect to any State, the average of the per capita income of such State for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce; except that, in the absence of such satisfactory data, the per capita income of Alaska shall be deemed to equal the average per capita income of all the States in the continental United States and the per capita incomes of (1) Puerto Rico and (2) the Virgin Islands shall be deemed to equal the per capita income of the State having the lowest per capita income of the continental United States.

§ 601.2 Basis of allotments to States and interstate water pollution control agencies.

(a) The funds appropriated pursuant to section 7 of the Federal Act for any fiscal year for expenditures for grants to States to assist them in meeting the cost of establishing and maintaining adequate measures for the prevention and control of water pollution shall be allotted among the several States on the basis of $12,000 for each State, in recognition of the fact that a water pollution control problem exists in every State caused by the discharge of untreated or inadequately treated sewage or other wastes into the waters of such State, and the balance on the basis of the following factors:

(1) 2% in the ratio that the product of the population of each State and the reciprocal of its per capita income bears to the sum of the corresponding products for all States.

(2) % on the basis of the ratio of the population density of a State to the population density of all the States.

(3) % on the basis of the ratio of the number of industrial establishments discharging industrial wastes in each State to the number of such establishments in all the States. The number of such establishments shall be determined on the basis of the latest available data provided by the Department of Commerce.

(b) The funds appropriated pursuant to section 7 of the Federal Act for any fiscal year for expenditures for grants to interstate agencies to assist them in meeting the cost of establishing and maintaining adequate measures for the prevention and control of water pollution shall be allotted among the several interstate agencies on the basis of the following factors:

(1) % in the ratio that the product of the population of the area served by the interstate agency and the reciprocal of the average per capita income of the interstate agency for the three most recent consecutive years bears to the sum of the corresponding products for all the interstate agencies. For this purpose, per capita income of an interstate agency shall mean the total gross income of all the States comprising such interstate agency divided by the total population of all the States comprising such interstate agency.

(2) % on the basis of the ratio of the average of the population densities of the States comprising each interstate

agency area to the sums of the average of the population densities of each interstate agency area.

(3) % on the basis of the ratio of the number of industrial establishments discharging industrial wastes in the States comprising the interstate agency to the number of such establishments in all the interstate agency areas. The number of such establishments shall be determined on the basis of the latest available data provided by the Department of Com

merce.

§ 601.3

Allotments; estimates; time of making and duration.

(a) Prior to the beginning of each fiscal year the Commissioner shall prepare and make available to States and interstate agencies an estimated schedule of the amounts which it is expected will be allotted to each during the fiscal year from estimated appropriations.

(b) Allotments to States and interstate agencies for the first six months shall be made prior to the beginning of the fiscal year or as soon thereafter as practicable and shall equal not less than 60 per centum nor more than 70 per centum of the total sum determined to be available for allotment during the fiscal year.

(c) At the end of the second quarter, or as soon thereafter as practicable, the amounts of allotments for the first sixmonth period which have not been certified for payment to the respective States and interstate agencies pursuant to 601.5 shall become available for reallotment among the States and interstate agencies in the same manner as monies which have not previously been allotted.

(d) Allotments to States and interstate agencies for the remaining six months shall be made prior to the beginning of the third quarter or as soon thereafter as practicable, and shall equal the total sum remaining unpaid and unallotted from the amount available for allotment during the fiscal year.

(e) The respective State water pollution control agencies and interstate agencies shall be notified of the amounts of allotments and reallotments and of the period for which they are made.

§ 601.4 Plans; content; mode of submittal; time of submittal.

(a) For each fiscal year each State and interstate agency making application for grants under section 7 of the Federal Act

shall submit a plan to the Commissioner in accordance with procedures and on forms prescribed by the Commissioner. Such plan shall:

(1) Designate the State water pollution control agency or interstate agency responsible for the administration or supervision of administration of the plan;

(2) Contain a statement that such agency will make such reports in such form and containing such information as the Commissioner or his designee may from time to time reasonably require to carry out his functions under this Act;

(3) Set forth the policies and methods to be followed in carrying out the plan and its administration, describe the organization and proposals for conducting and extending or improving the State or interstate water pollution control and prevention program and any proposals for training personnel in water pollution control work. State plans shall contain criteria for determining whether the construction of proposed treatment works is in conformity with the plan and shall set forth the financial criteria and water pollution control need criteria used by the State water pollution control agency in determining the relative priority of construction projects as provided in section 6(b) (4) of the Act.

(4) Provide such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of the plan. Such methods will include a description of the procedures which the State will use in determining on the basis of objective criteria the expenditures attributable to water pollution control activities conducted in carrying out the approved plan.

(b) A plan shall be submitted by each State or interstate agency making application for grants under section 7 of the Federal Act prior to the period to which it relates: Provided, That exceptions to this provision may be made by the Commissioner or his designee in the case of plans submitted for the fiscal year 1957 and when necessary to meet emergencies.

§ 601.5 Amount of Federal grant funds payable.

(a) From the allotment available therefor for each fiscal year, each State and each interstate agency for which a plan has been approved by the Commissioner, shall be entitled to receive an

amount equal to its Federal share of the cost of carrying out its approved plan, including the cost of training personnel for State and local water pollution control work and administering the plan.

(b) For any State the Federal share shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the continental United States (excluding Alaska), except that the Federal share shall in no case be more than 66 per centum or less than 333 per centum, and the Federal share for Hawaii and Alaska shall be 50 per centum, and for Puerto Rico and the Virgin Islands shall be 66% per centum.

(c) For any interstate agency the "Federal share" shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the average per capita income of the States comprising such interstate agencies bears to the per capita income of the continental United States (excluding Alaska), except that the Federal share in no case shall be more than 66% per centum or less than 33% per centum and shall be promulgated on the basis of the same data used for determining the "Federal share" for any State.

§ 601.6 Payments to States and interstate

agencies.

(a) Payments from allotments to States and interstate agencies shall be certified to the Secretary of the Treasury only after a plan has been approved. Payments from such allotments shall not exceed the allotment to a State or interstate agency or the total Federal share of the estimated expenditures necessary for carrying out the plan, whichever is less.

(b) Subject to the foregoing limitations, payments to States and interstate agencies shall be made as follows:

(1) Payments shall be made periodically and shall be based upon an application for funds showing the estimated requirements for the period covered by the application for funds. Such payments shall be decreased or increased by the amount that prior payments exceed or are less than the Federal share of the total expenditures for the program.

(2) Payments shall not be certified unless an application for payments and all plans, reports, and documents required by this part have been received.

(3) Supplemental payment in any payment period may be certified upon submission of an application therefor accompanied by satisfactory justifica

tion.

§ 601.7 Audit.

Audit of the expenditures for the activities described in the plans may be made after prior consultation with the States or interstate agencies. Records, documents and information available to the State water pollution control agencies and interstate agencies pertinent to the audit shall be accessible for purposes of the audit.

§ 601.8 Change in status of State water pollution control agency or interstate agency; disposal of balances.

In the event that a State water pollution control agency shall cease to qualify as such, the unobligated balance of any amounts paid to the State shall be transferred to such other agency of the State which qualifies and is designated in the approved State plan as the State water pollution control agency, and if an interstate agency ceases to qualify as such the unobligated balance of any amount paid to such interstate agency shall be transferred as determined by the Commissioner to the successor, if any, of such interstate agency or shall be returned to the Treasury of the United States. Subpart B-Grants for Construction of Treatment Works

AUTHORITY: The provisions of this Subpart B issued under sec. 6, 70 Stat. 502, as amended; 33 U.S.C. 466e.

§ 601.21 Definitions.

All terms used in this subpart which are defined in the Federal Water Pollution Control Act and are not defined in this section shall have the meaning given to them in such Act. As used in this subpart, the following terms shall have the meaning indicated hereinbelow:

(a) "Federal Act" means the Federal Water Pollution Control Act, as amended (33 U.S.C. 466 et seq.).

(b) "Administration" means the Federal Water Pollution Control Administration in the Department of the Interior.

(c) "Commissioner" means the head of the Federal Water Pollution Control Administration, or his duly authorized representative.

(d) "State water pollution control agency" means the State health authority, except that in the case of any

State in which there is a single State agency other than the State health authority charged with responsibility for enforcing the State laws relating to the abatement of water pollution, it means such other State agency.

means an

(e) "Interstate agency" agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any agency of two or more States having substantial powers or duties pertaining to the control of pollution of waters.

(f) "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

(g) "Fiscal year" means a 12-month period beginning on July 1.

(h) "Population" means the official population figures of the latest decennial census for which figures are available as certified by the Secretary of Commerce.

(1) "Per capita income" means the average of the per capita income of the States and of the continental United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce; except that, in the absence of such satisfactory data, the per capita income of (1) Puerto Rico, (2) the Virgin Islands, and (3) Guam shall be deemed to equal the per capita income of the State having the lowest per capita income in the continental United States.

(j) "Municipality” means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, and an Indian tribe or an authorized Indian tribal organization.

(k) "Intermunicipal agency" means an agency of two or more municipalities having jurisdiction over disposal of sewage, industrial wastes, or other wastes.

(1) "Treatment works” means the various devices used in the treatment of sewage or industrial wastes of a liquid nature, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment and their appurtenances, and includes any extensions, improvements, remodeling, additions, and alterations thereof.

(m) "Applicant" means any State, municipality, intermunicipal, or interstate agency which files an application for a grant under section 8 of the Federal Act.