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e to a period subsequent to the date of vesting title in the agency or the effective date of possession of the real property by the agency, whichever is the earlier. § 4.263 Litigation expenses.
(a) In any condemnation proceeding brought by the displacing agency to acquire real property, it shall reimburse the owner of any right, title, or interest in the real property for his reasonable costs, disbursements, and expenses, including attorney, appraisal, and engineering fees, actually incurred because of the proceeding, if
(1) The final judgment is that the displacing agency cannot acquire the real property by condemnation; or
(2) The proceeding is abandoned by the displacing agency concerned.
(b) In any inverse condemnation proceeding where the owner of any right, title, or interest in real property receives an award of compensation by judgment or settlement, the displacing agency shall reimburse the plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.
APPENDIX A-RECORDS The following list sets forth relocation information which a displacing agency shall maintain for each Federal or federallyassisted project that it administers.
I. General. The displacing agency shall keep a record of the following general information concerning the project:
(1) Project and parcel identification.
(2) Name and address of each displaced person; his new address and telephone number if available.
(3) Dates of all personal contacts made with each displaced person.
(4) Date each displaced person is given notice of relocation payments and services.
(5) Name of agency employee who offers relocation assistance.
(6) Whether the offer of assistance is declined or accepted, and the name of the individual who accepts or declines the offer.
(7) Date each displaced person is required to move.
(8) Date of actual relocation, and whether relocation was accomplished with the assistance of the displacing agency, other agencies, or without assistance.
(9) Type of tenure held by each displaced person before and after relocation.
II. Displacements from dwellings. The displacing agency shall keep a record of the
following information concerning each individual or family displaced from a dwelling in connection with the project:
(1) Number in family, or number of individuals.
(2) Type of dwelling. (3) Fair market value, or monthly rent. (4) Number of rooms.
III. Displaced businesses. The displacing agency shall keep a record of the following information concerning each business displaced in connection with the project:
(1) Type of business.
(4) Data supporting a determination that a business cannot be relocated without a substantial loss of its existing patronage and that it is not part of a commercial enterprise having at least one other establishment not being acquired by a State agency or the United States.
IV. Moving expenses. The displacing agency shall keep a record of the following information concerning each payment of moving and related expenses in connection with the project:
(1) The date personal property is moved, and the original and new locations of the personal property.
(2) If personal property is stored temporarily
(a) The place of storage;
(c) A statement of why storage is necessary.
(3) An account of all moving expenses that are supported by receipted bills or similar evidence of expense;
(4) Amount of reimbursement claimed, amount allowed, and an explanation of any difference.
(5) In the case of a business or farm operation that receives a fixed allowance in lieu of moving expenses, data underlying the computation of such payment.
V. Replacement housing payments. The displacing agency shall keep a record of the following information concerning each relocation housing payment made in connection with the project:
(1) The date application for payment is received.
(2) The date application for payment is approved or rejected.
(3) Data substantiating the amount of payment.
(4) If replacement housing is purchased, a copy of the closing statement indicating the purchase price, down payment, and incidental expenses.
(5) Whenever a rental payment is made by annual installment, a statement confirming that the tenant still occupies a decent, safe, and sanitary dwelling.
(6) A copy of the Truth in Lending State. ment, or other data, including computations. that confirms the increased interest payment.
PART 20–CERTIFICATION OF
FACILITIES Sec. 20:1 Applicability. 20:2 Definitions. 20:3 General provisions. 20:4 Notice of intent to certify. 20:5 Applications. 20.6 State certification. 20:7 General policies. 20:8 Requirements for certification. 20:9 Cost recovery. 20:10 Revocation.
AUTHORITY: The provisions of this part 20 issued pursuant to secs. 301, 704, 80 Stat. 379, 83 Stat. 667; 5 U.S.C. 301, 26 U.S.C. 169.
SOURCE: The provisions of this Part 20 appear at 36 F.R. 22382, Nov. 25, 1971, unless otherwise noted. & 20.1 Applicability.
The regulations of this part apply to certifications by the Administrator of water or air pollution control facilities for purposes of section 169 of the Internal Revenue Code of 1954, as amended, 26 U.S.C. 169. Applicable regulations of the Department of the Treasury are set forth at 26 CFR 1.169 et seq. $ 20.2 Definitions.
As used in this part, the following terms shall have the meaning indicated below:
(a) “Act” means, when useu in connection with water pollution control facilities, the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 et seq.) or, when used in connection with air pollution control facilities, the Clean Air Act, as amended (42 U.S.C. 1857 et seq.).
(b) "State certifying authority" means:
(1) For water pollution control facilities, 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 State laws relating to the abatement of water pollution, it means such other State agency; or
(2) For air pollution control facilities, the air pollution control agency designated pursuant to section 302(b) (1) of the Act; or
(3) For both air and water pollution control facilities, any interstate agency authorized to act in place of the certifying agency of a State.
(c) “Applicant” means any person who files an application with the Administrator for certification that a facility is in compliance with the applicable regulations of Federal agencies and in furtherance of the general policies of the United States for cooperation with the States in the prevention and abatement of water or air pollution under the Act.
(d) “Administrator" means the Administrator, Environmental Protection Agency.
(e) “Regional Administrator" means the Regional designee appointed by the Administrator to certify facilities under this part.
(f) “Facility” means property comprising any new identifiable treatment facility which removes, alters, disposes of or stores pollutants, contaminants, wastes, or heat.
(g) "State” means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. $ 20.3 General provisions.
(a) An applicant shall file an application in accordance with this part for each separate facility for which certification is sought; Provided, That one application shall suffice in the case of substantially identical facilities which the applicant has installed or plans to install in connection with substantially identical properties; Provided further, That an application may incorporate by reference material contained in an application previously submitted by the applicant under this part and pertaining to substantially identical facilities.
(b) The applicant shall, at the time of application to the State certifying authority, submit an application in the form prescribed by the Administrator to the Regional Administrator for the region in which the facility is located.
(c) Applications will be considered complete and will be processed when the Regional Administrator receives the completed State certification.
(d) Applications may be filed prior or subsequent to the commencement of construction, acquisition, installation, or operation of the facility.
(e) An amendment to an application shall be submitted in the same manner as the original application and shall be considered a part of the original application.
(f) If the facility is certified by the $ 20.5 Applications. Regional Administrator, notice of certifi
Applications for certification under cation will be issued to the Secretary of
this part shall be submitted in such manthe Treasury or his delegate, and a copy
ner as the Administrator may prescribe, of the notice shall be forwarded to the
shall be signed by the applicant or applicant and to the State certifying
agent thereof, and shall include the folauthority. If the facility is denied certifi
lowing information: cation, the Regional Administrator will
(a) Name, address, and Internal Revadvise the applicant and State certifying
enue Service identifying number of the authority in writing of the reasons
(b) Type and narrative description of (g) No certification will be made by
the new identifiable facility for which the Regional Administrator for any fa
certification is (or will be) sought, incility prior to the time it is placed in
cluding a copy of schematic or engineeroperation and the application, or
ing drawings, and a description of the amended application, in connection with
function and operation of such facility; such facility so states..
(c) Address (or proposed address) of (h) An applicant may appeal any
facility location; decision of the Regional Administrator
(d) A general description of the operwhich:
ation in connection with which such (1) Denies certification; (2) Disapproves the applicant's sug
facility is (or will be) used and a degested method of allocating costs pur
scription of the specific process or procsuant to $ 20.8(e); or
esses resulting in discharges or emis(3) Revokes a certification pursuant to
sions which are (or will be) controlled
by the facility; § 20.10.
(e) If the facility is (or will be) used Any such appeal may be taken by filing in connection with more than one plant with the Administrator within 30 days or other property, one or more of which from the date of the decision of the Re were not in operation prior to January 1, gional Administrator a written statement 1969, a description of the operations of objections to the decision appealed of the facility in respect to each plant from. Within 60 days, the Administrator or other property, including a reasonable shall affirm, modify, or revoke the de- allocation of the costs of the facility cision of the Regional Administrator, among the plants being serviced, and a stating in writing his reasons therefor. description of the reasoning and ac$ 20.4 Notice of intent to certify.
counting method or methods used to ar
rive at such allocation; (a) On the basis of applications sub
(f) Description of the effect of such mitted prior to the construction, recon
facility in terms of type and quantity struction, erection, acquisition, or oper
of pollutants, contaminants, wastes or ation of a facility, the Regional Admin
heat, removed, altered, stored, or disistrator may notify applicants that such
posed of by such facility; facility will be certified if:
(g) If the faciilty performs a function (1) The Regional Administrator de
other than removal, alteration, storage, termines that such facility, if con
or disposal of pollutants, contaminants, structed, reconstructed, erected, acquired, installed, and operated in ac
wastes or heat, a description of all func
tions performed by the facility, includcordance with such application will be in compliance with requirements identi
ing a reasonable identification of the
costs of the facility allocable to removal, fied in § 20.8; and if
alteration, storage, or disposal of pollut(2) The application is accompanied
ants, contaminants, wastes or heat, and by a statement from the State certifying
a description of the reasoning and the authority that such facility, if con
accounting method or methods used to structed, reconstructed, acquired,
arrive at such allocation; erected, installed, and operated in ac
(h) Date when such construction, recordance with such application, will be in conformity with the State program
construction, or erection will be comor requirements for abatement or control
pleted or when such facility was (or will of water or air pollution.
be) acquired; (b) Notice of actions taken under (i) Date when such facility is placed this section will be given to the appro (or is intended to be placed) in operpriate State certifying authority.
(j) Identification of the applicable State and local water or air pollution control requirements and standards, if any;
(k) Expected useful life of facility;
(1) Cost of construction, acquisition, installation, operation, and maintenance of the facility;
(m) Estimated profits reasonably expected to be derived through the recovery of wastes or otherwise in the operation of the facility over the period referred to in paragraph (a) (6) of 26 CFR 1.169–2;
(n) Such other information as the Administrator deems necessary for certification. § 20.6 State certification.
The State certification shall be by the State certifying authority having jurisdiction with respect to the facility in accordance with 26 U.S.C. 169 (d) (1) (A) and (d) (2). The certification shall state that the facility described in the application has been constructed, reconstructed, erected, or acquired in conformity with the State program or requirements for abatement or control of water or air pollution. It shall be executed by an agent or officer authorized to act on behalf of the State certifying authority. § 20.7 General policies.
(a) The general policies of the United States for cooperation with the States in the prevention and abatement of water pollution are: To enhance the quality and value of our water resources; to eliminate or reduce the pollution of the nation's waters and tributaries thereof; to improve the sanitary condition of surface and underground waters; and to conserve such waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial, and other legitimate uses.
(b) The general policy of the United States for cooperation with the States in the prevention and abatement of air pollution is to cooperate with and to assist the States and local governments in protecting and enhancing the quality of the Nation's air resources by the prevention and abatement of conditions which cause or contribute to air pollution which endangers the public health or welfare.
$ 20.8 Requirements for certification.
(a) Subject to $ 20.9, the Regional Administrator will certify a facility if he makes the following determinations:
(1) It has been certified by the State certifying authority.
(2) It removes, alters, disposes of, or stores pollutants, contaminants, wastes or heat, which, but for the facility, would be released into the environment.
(3) The applicant is in compliance with all regulations of Federal agencies applicable to use of the facility, including conditions specified in any permit issued to the applicant under section 13 of the Rivers and Harbors Act of 1899, as amended.
(4) The facility furthers the general policies of the United States and the States in the prevention and abatement of pollution.
(5) The applicant has complied with all the other requirements of this part and has submitted all requested information.
(b) In determining whether use of a facility furthers the general policies of the United States and the States in the prevention and abatement of water pollution, the Regional Administrator shall consider whether such facility is consistent with the following, insofar as they are applicable to the waters which will be affected by the facility:
(1) All applicable water quality standards, including water quality criteria and plans of implementation and enforcement established pursuant to section 10 (c) of the Act or State laws or regulations;
(2) Recommendations issued pursuant to section 10 (e) and (f) of the Act;
(3) Water pollution control programs established pursuant to section 3 or 7 of the Act.
(c) In determining whether use of a facility furthers the general policies of the United States and the States in the prevention and abatement of air pollution, the Regional Administrator shall consider whether such facility is consistent with and meets the following requirements, insofar as they are applicable to the air which will be affected by the facility;
(1) Plans for the implementation, maintenance, and enforcement of ambient air quality standards adopted or promulgated pursuant to section 110 of the Act;
(2) Recommendations issued pursuant to sections 103(e) and 115 of the Act which are applicable to facilities of the same type and located in the area to which the recommendations are directed;
(3) Local government requirements for control of air pollution, including emission standards;
(4) Standards promulgated by the Administrator pursuant to the Act.
(d) A facility which removes elements or compounds from fuels which would be released as pollutants when such fuels are burned may not be certified whether or not such facility is used in connection with the applicant's plant or property where such fuels are burned.
(e) Where a facility is used in connection with more than one plant or other property, one or more of which were not in operation prior to January 1, 1969, or where a facility will perform a function other than the removal, alteration, storage or disposal of pollutants, contaminants, wastes, or heat, the Regional Administrator will so indicate on the notice of certification and will approve or disapprove the applicant's suggested method of allocation of costs. If the Regional Administrator disapproves the applicant's suggested method, he shall identify the proportion of costs allocable to each such plant, or to the removal, alteration, storage or disposal of pollutants, contaminants, wastes, or heat. $ 20.9 Cost recovery.
Where it appears that, by reason of estimated profits to be derived through
the recovery of wastes, through separate charges for use of the facility in question, or otherwise in the operation of such facility, all or a portion of its costs may be recovered over the period referred to in paragraph (a) (6) of 26 CFR 1.169–2, the Regional Administrator shall so signify in the notice of certification. Determinations as to the meaning of the term "estimated profits" and as to the percentage of the cost of a certified facility which will be recovered over such period shall be made by the Secretary of the Treasury, or his delegate: Provided, That in no event shall estimated profits be deemed to arise from the use or reuse by the applicant of recovered waste. § 20.10 Revocation.
Certification hereunder may be revoked by the Regional Administrator on 30 days written notice to the applicant, served by certified mail, whenever the Regional Administrator shall determine that the facility in question is no longer being operated consistent with the § 20.8 (b) and (c) criteria in effect at the time the facility was placed in seryice. Within such 30-day period, the applicant may submit to the Regional Administrator such evidence, data or other written materials as the applicant may deem appropriate to show why the certification hereunder should not be revoked. Notification of a revocation under this section shall be given to the Secretary of the Treasury or his delegate. See 26 CFR 1.169–4(b) (1).
Note: Previously published EPA grant regulations were revoked, 36 F.R. 22369, Nov. 25, 1971, but were maintained as uncodified regulations. Such uncodified grant regulations will continue as uncodified regulations, to the extent not inconsistent with the regulations promulgated pending publication of appropriate additional final or interim regulations. (See 36 F.R. 22716–22728, Nov. 27, 1971)
30.105 30.106 30.107
PART 30—GENERAL GRANT REGULATIONS AND PROCEDURES Sec. 30.100 Purpose of regulation. 30.101 Authority. 30.102 Applicability and scope. 30.103 Publication. 30.104 Copies.
The role of EPA.
30.200 30.201 30.202 30.203