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8 30.1000-4 Budget.

The financial plan for expenditure of all funds for a project, including grant funds or other Federal assistance, which is developed by cost components in the grant application. $ 30.1000-5 Budget period.

The length of time approved for funding in the grant agreement (see § 30. 305-2). $ 30.1000–6 Cost sharing.

Participation by the grantee in the cost of conducting the project (see $ 30.207). § 30.1000–7 Educational institution.

Any institution which (a) has a faculty, (b) offers courses of instruction, and (c) is authorized to award a degree or certificate upon completion of a specific course of study. & 30.1000–8 Federal assistance.

The entire Federal contribution for a project including but not limited to the EPA grant amount. 8 30.1000_9 Grant.

An award of funds or other assistance by a written grant agreement pursuant to this Regulation, except fellowships. & 30.1000-10 Grant agreement.

The written agreement and amendments thereto between EPA and a grant applicant in which the terms and conditions governing the grant are stated and agreed to by both parties pursuant to $ 30.305. $ 30.1000–11 Grantee.

A party which has accepted a grant award. & 30.1000–12 Grants officer.

Any employee of the Environmental Protection Agency who is exercising the responsibility for negotiating or coordinating the negotiation of terms and conditions of specific grants with grant applicants, or administering grants, and who is authorized to serve as EPA's principal contact with the grantee within the limits of his authority. & 30.1000–13 Matching share.

That portion of the project costs which is not derived from Federal assistance.

$ 30.1000–14 Nonprofit organization.

Any corporation, trust, foundation, or institution (a) which is entitled to exemption under section 501(c)(3) of the Internal Revenue Code, or (b) which is not organized for profit and no part of the net earnings of which inure to the benefit of any private shareholder or individual. § 30.1000–15 Project.

An undertaking for which grant funds are awarded. 8 30.1000–16 Project costs.

All costs incurred by a grantee in accomplishing the objectives of a grant project, not limited to those costs which are allowable in computing the final EPA grant amount or total Federal assistance. $ 30.1000–17 Project manager.

The person authorized and designated by the grantee to serve as the grantee's principal contact with EPA. & 30.1000–18 Project period.

The period of time approved by EPA for completion of a supported project. & 30.1000–19 Subagreement.

A written agreement between a grantee and a third party for the furnishing of services or supplies necessary to complete the project for which a grant was awarded, including contracts and purchase orders. & 30.1001 Deviation. § 30.1001-1 Applicability.

A deviation shall be considered to be any of the following:

(a) When a prescribed grant clause is set forth verbatim in this Regulation, use of a clause covering the same subject matter which varies from, or has the effect of altering, the prescribed clause, or changing its application;

(b) When a grant clause is set forth in this Regulation but not for use verbatim, use of a clause covering the same subject matter which is inconsistent with the intent, principle and substance of the Regulation clause or related coverage of the subject matter;

(c) Omission of any mandatory grant clause;

(d) When an EPA or other form is prescribed by this Regulation, use of any other form for the same purpose;

(e) Alteration of an EPA or other PART 35STATE AND LOCAL form prescribed in this Regulation ex


Sec. cept as authorized herein; (f) When limitations are imposed by

35.001 Purpose of regulation.

35.002 this Regulation upon the use of a grant

Applicability and scope. clause, form procedure, or any other

Subpart A-Planning Grants grant action, the imposition of lesser or WATER POLLUTION CONTROL PLANNING greater limitations; or

REQUIREMENTS (g) When a policy, procedure, method

35.150 Applicability. or practice of administering or conduct

35.150-1 Basin control plans. ing grant actions is prescribed by this 35.150-2 Regional and metropolitan plans. Regulation, any policy, procedure,

WATER QUALITY MANAGEMENT PLANNING method, or practice inconsistent there

GRANTS with.

35.200 Purpose. $ 30.1001-2 Request for deviation.

35.201 Authority. Requests for deviations from this Reg

35.202 Definitions.

35.202-1 Administrative expenses. ulation shall be submitted as far in ad

35.202–2 Basin. vance as the exigencies of the situation

35.202-3 State. will permit. Where the deviation would 35.205 Grant Ilmitations. involve more than a unique special situ 35.210 Eligibility. ation, e.g., will affect grantees as a class, 35.215 Application requirements. concurrence in the request for deviation 35.220 Criteria for award. by the appropriate Assistant or Regional

35.225 Water pollution control compre

hensive basin plan. Administrator(s) will be additionally re

35.230 Reports. quired. Each request for a deviation shall

35.230-1 Report of project expenditures. contain as a minimum:

35.230-2 Interim plan. (a) Identification of the section of this

35.240 Continuation grant. Regulation from which a deviation is

SOLID WASTE PLANNING GRANTS sought; (b) A full description of the deviation

35.300 Purpose.

35.301 and the circumstances in which it will


35.302 Definitions. be used;

35.302-1 Intermunicipal agency. (c) A description of the intended ef

35.302-2 Interstate agency. fect of the deviation;

35.302-3 Municipality. (d) A statement as to whether the 35.3024 Solid waste. deviation has been requested previously, 35.302-5 Solid waste disposal. and if so, circumstances of the previous

35.302-6 State. request;

35.304 Solid waste planning projects.

35.304-1 Management planning. (e) The name of the grantee and identification of the grant affected, including

35.304–2 Special purpose planning.

35.305 Grant limitations. the dollar value; and

35.310 Eligibility. (f) Detailed reasons supporting the 35.315 Application. request, including any pertinent back

36.315-1 Preapplication procedures. ground information which will contrib

35.315-2 Application requirements.

35.320 Criteria for award. ute to a fuller understanding of the

35.320-1 All applications. deviation sought.

35.320-2 State applications.

35.320–3 8 30.1001–3 Approval of deviation.

Local and regional applications.

35.330 Reports. Deviations from this Regulation will 35.330–1 Progress reports. be authorized only when essential to ef

35.330-2 Report of project expenditures.

35.330–3 fect necessary grant actions or where

Final report.

35.340 Continuation grant. special circumstances make such deviations clearly in the best interests of the

Subpart B- Program Grants Government. Such deviations may be ap 35.400 Purpose. proved only by the Director of the 35.400-1 Grants may be awarded to air Grants Administration Division or his

pollution control agencies and

interstate planning agencies. duly authorized representative, and a

35.400—2 Water pollution control program copy of such written approval shall be

grant awards. retained in the grant file.

35.401 Authority.

Sec. 35.405 Criteria for evaluation of pro

gram objectives. 35.410 Evaluation of program perform.

ance. 35.415 Report of project expenditures. 35.420 Payment.

AIR POLLUTION CONTROL PROGRAM GRANTS 35.501 Definitions. 35.501-1 Air pollution, 35.501-2 Air pollution control agency. 35.501–3 Air pollution control program. 35.501-4 Air quality control region. 35,501-5 Implementation plan. 35.501-6 Interstate air quality control re

gion. 35.501-7 Interstate planning agency. 35.501-8 Maintenance program. 35.501-9 Municipality. 35.501-10 Nonrecurrent expenditures. 35.501-11 Premaintenance program. 35.501-12 Program description. 35.501-13 State. 35.505 Allocation of funds. 35.507 Federal Assistance for agency

programs. 35.507-1 Limitations on assistance. 35.507-2 Limitations on duration. 35.507-3 Schedule of Federal support. 35.510 Grant amount. 35.510-1 Determination. 35.510-2 Limitations. 35.515 Eligibility. 35.515-1 Control programs. 35.515-2 Interstate planning. 35.520 Criteria for award. 35.520-1 Control programs. 35.520-2 Interstate planning. 35.525 Program requirements. 35.525-1 Premaintenance program. 35.525-2 Maintenance programs. 35.525-3 Interstate planning. 35.530 Supplemental conditions. 35.535 Assignment of personnel. WATER POLLUTION CONTROL STATE AND

INTERSTATE PROGRAM GRANTS 35.551 Scope and purpose. 35.551-1 Allotment. 35.551-2 Federal share. 35.551-3 Interstate agency. 35.551-4 Per capita income. 35.551-5 Plan. 35.551-6 State. 35.551–7 State water pollution control

agency. 35.552 Definitions. 35.552-1 Allotment. 35.552-2 State program grant. 35.552-3 State program. 35.552-4 Number of pollution sources. 35.552-5 State agency. 35.552–6 Interstate agency. 35.552–7 Reasonable cost. 35.552-8 Interstate segment. 35.552-9 Recurrent expenditures. 35.553 Annual guidance. 35.554 State strategy formulation and

program development.

Sec. 35.554-1 State strategy formulation. 35.554-2 State program development. 35.5643 Major program elements and out

puts. 35.555 State program submission. 35.555-1 Notification of funding. 35.555-2 Allotments to States. 35.555-3 Allotments to Interstate agencies. 35.555-4 Population computation. 35.556 Public participation. 35.557 Program approval. 35.557-1 Determination of Federal share

for States. 35.567-2 Determination of Federal share

for interstate agencies. 35.558 Allocation of funds. 35.558-1 Computation of State allotment

ratio. 35.558-2 Computation of Interstate Allo

cation. 35.558-3 Computation of State Allocation. 35.558-4 Notification of funds. 35.559 Grant amount. 35.559-1 Computation of maximum grant. 35.559-2 Determination. 35.559-3 Reduction of grant amount. 35.559-4 Grant amount limit and dura

tion. 35.559–5 Eligibility. 35.559–6 Limitation of award. 35.559–7 Grant conditions. 35.560 Program evaluation and report

ing. 35.560_1 Evaluation. 35.560-2 Reports. 35.560–3 Reduction of grant amount. 35.563 Grant limits and duration.

Subpart C-Grants for Construction of

Wastewater Treatment Works 35.800 Purpose. 35.801 Authority. 35.805 Definitions. 35.805-1 Construction. 35.805-2 Intermunicipal agency. 35.805-3 Interstate agency. 35.805 4 Municipality. 35.805-5 State. 35.805–6 State water pollution control

agency. 35.805-7 Treatment works. 35.810 Applicant eligibility. 35.815 Allocation of funds. 35.815-1 Allotments to States. 35.815-2 Reallotment. 35.820 Grant limitations. 35.820-1 Exceptions. 35.825 Application for grant. 35.825-1 Preapplication procedures. 35.825-2 Formal application. 35.830 Determining the desirability of

projects. 35.835 Criteria for award. 35.835-1 State plan and priority. 35.835-2 Basin control. 35.835-3 Regional and metropolitan plan. 35.835-4 Adequacy of treatment. 35.835-5 Industrial waste treatment. 35.835-6 Design,

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Sec. 35.835-7 Operation and maintenance, 35.935–2 Procurement. 35.835-8 Operation during construction. 35.935–3 Bonding and insurance. 35.835–9 Postconstruction inspection.

35.9354 State and local laws. 35.840 Supplemental grant conditions. 35.935–5 Davis-Bacon and related statutes. 35.845 Payments.

35.935–6 Equal employment opportunity. 35.850 Reimbursement (Reserved).

35.935–7 Access.

35.935–8 Supervision, Subpart D [Reserved]

35.935–9 Project completion. Subpart E-Grants for Construction of 35.935–10 Copies of contract documents.

Treatment Works-Federal Water Pollu 35.935–11 Project changes.
tion Control Act Amendments of 1972 35.935–12 Operation and maintenance.

35.940 Determination of allowable costs. 35.900 Purpose.

85.940-1 Allowable costs. 35.901 Authority.

35.940–2 Unallowable costs. 35.903 Summary of construction grant

35.940-3 Costs allowable, if approved. program.

35.9404 Indirect costs. 35.905 Definitions.

35.940–5 Disputes. 35.905–1 The Act.

35.945 Grant payments. 35.905-2 Combined sewer.

35.950 Suspension or termination of 35.9053 Construction,

grants. 35.905-4 Excessive infiltration/inflow.

35.955 Grant amendments to increase 35.905–5 Infiltration.

grant amounts. 35.905-6. Inflow.

Appendix A. Water Quality Monitoring35.905–7 Infiltration/inflow.

[Reserved] 35.905-8 Interstate agency.

Appendix B. Program Reporting-(Re35.905-9 Municipality.

served] 35.905–10 Project. 35.905–11 Sanitary sewer.

AUTHORITY: Authorities cited in $$ 35.201, 35.905–12 State.

35.301, 35.401 and 35.801. 35.905–13 State agency.

SOURCE: 37 FR 11651, June 9, 1972, unless 35.905–14 Storm sewer.

otherwise noted. 35.905–16 Treatment works. 35.908 Advanced technology and accele $ 35.001 Purpose of regulation. rated construction techniques.

This part establishes and codifies poli35.910 Allocation of funds. 35.910-1 Allotment.

cies and procedures governing the award 35.910-2 Reallotment.

of State and local assistance grants by 35.915 State determination and certifica the Environmental Protection Agency.

tion of project priority. 35.920 Grant application.

$ 35.002 Applicability and scope. 35.920-1 Eligibility.

This part establishes mandatory poli35 920-2 Procedure.

cies and procedures for all EPA State and 35.920_3 Contents of application,

local assistance grants. The provisions of 35.925 Limitations on award. 35.925-1 Facility planning.

this part supplement the EPA general 35.925-2 State plan.

grant regulations and procedures (40 35.925–3 Priority certification,

CFR Part 30). Accordingly, all EPA State 35.925 4 State allocation.

and local assistance grants are awarded 35.925-5 Applicant's funding capability.

subject to the EPA interim general grant 35 925-6 Permits.

regulations and procedures (40 CFR Part 35 925–7 Design.

30) and to the applicable provisions of 35.925-8 Environmental review.

this Part 35. 35.925-9 Civil rights. 35.925–10 Operation and maintenance pro

Subpart A-Planning Grants gram. 35.925–11 User charge system.

WATER POLLUTION CONTROL PLANNING 35.925–12 Sewage collection systems.

REQUIREMENTS 35.925–13 Alternative techniques and technology.

& 35.150 Applicability. 35.927 Sewer system evaluation.

The requirements of basin control and 35.928 User charger system (Reserved] 35.930 Grant award.

regional and metropolitan plans apply 35.930-1 Types of grants.

to: 35.930–2 Grant amount.

(a) Water pollution control compre35.930–3 Grant term.

hensive basin plans pursuant to $ 35.225; 35.930-4 Project scope.

(b) Basinwide plans and regional and 35.930-5 Grant percentgae.

metropolitan plans as required by $$ 35.35.935 Grant conditions.

835-2 and 35.835–3 of Subpart C for 35.951-1 Nonrestrictive specifications.

97-025—73— 9

waste water treatment works construction grants. & 35.150-1 Basin control plans.

Any basinwide plan for the control or abatement of water pollution must adequately take into account all, or such as may be appropriate, of the following:

(a) Sources of pollution. An identification list of all significant point sources of waste discharges (municipal, industrial, agricultural, and others) and of all significant nonpoint sources of water quality degradation.

(b) Volume of discharge. The average daily volume of discharge produced by each waste discharger. Cooling water, or cooling water which is contaminated by industrial waste or sewage shall be reported separately. Storm water and mixed storm water and sewage shall be identified and reported separately in terms of frequency-volume relationships.

(c) Character of effluent. The major characteristics of each such waste discharge together with a measurement of their relative strength or concentrations including but not limited to: BOD 5.

mg./1. COD

mg./1. Color

Platinum cobalt

scale. Turbidity

Jackson candle

scale. Solids

Toxic substances.-------
Metal ions.-------------

Fluorides --------------
Dissolved substances.--- p.p.m.
Temperature -----------

C. 22 35,
pH -----
Radioactivity ---------- PCI/1.

----------- mg./1. Nutrients -

mg./1. (d) Present treatment. A brief description of the type of treatment being given by each discharger, together with a statement of the degree of treatment currently being achieved.

(e) Water quality effect. A brief description of the effect of discharges and abatement practices upon the quality of the water in the basin, and the anticipated effectiveness of the projects or activities proposed to improve the quality of the water.

(f) Detailed abatement program. Identify all waste discharges for which present treatment is less than required by approved water quality standards, or which will degrade water quality below standards. For each such discharge so

identified, furnish an abatement schedule containing the following:

(1) Level of treatment to be required expressed in percentage of reduction of BOD and/or any other significant parameters required pursuant to applicable Federal, State, and interstate laws, regulations, and orders.

(2) Volume of flow for which waste treatment facilities will be designed.

(3) Estimated completion dates for preliminary plans, for final design, for construction, and for operation of waste treatment facilities.

(4) Estimated cost of design and construction if available.

(5) Identification of agencies or entities responsible for abatement actions or implementation of the recommended abatement program with respect to each such discharge. $ 35.150–2 Regional and metropolitan

plans. Any regional or metropolitan plan for the prevention, control, or abatement of water pollution must adequately take into account:

(a) Anticipated growth of population and economic activity with reference to time and location.

(b) Present and future use and value of the waters within the planning area for domestic water supplies, propagation of fish and wildlife, recreational purposes, agricultural, industrial, and other legitimate uses.

(c) Adequacy of the waste collection systems in the planning area with reference to operation, maintenance, and expansion of such systems.

(d) Combination or integration of waste treatment facilities into a waste treatment system so as to achieve efficiency and economy of such treatment.

(e) Practicality and feasibility of treating domestic and industrial waste in a combined waste treatment facility or integrated waste treatment system.

(f) Need for and capacity to deal with waste from sewers which carry storm water or both storm water and sewage or other wastes.

(g) Waste discharges presently in, or anticipated for the planning area.

(h) Effect of proposed waste treatment facilities upon the quality of the water within the planning area with reference to other waste discharges and to applicable water quality standards.

(i) Institutional arrangements necessary to implement the plan.

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