Municipal Wastewater Treatment Construction Grant Amendments of 1981

(Conference report filed in House, H. Rept. 97-408)

Municipal Wastewater Treatment Construction Grant Amendments of 1981 - Amends the Federal Water Pollution Control Act to require that, after October 1, 1984, treatment works grants be made only for: (1) secondary treatment or more stringent treatment, or any cost effective alternative; (2) new interceptors and appurtenances; and (3) infiltration-in-flow correction.

Extends, to September 30, 1985, the prohibition on making grants for treatment works for control of pollutant discharges from separate storm sewer systems.

Prohibits Federal grants that provide assistance only for facility plans, or plans, specifications, and estimates for any proposed construction of treatment works. Provides that non-Federal funds expended during the facility planning and advanced engineering and design phase shall be reimbursed at the prevailing Federal share, if the proposed project later receives a Federal grant for construction.

Authorizes each State to use up to ten percent of allotted funds for facility planning costs of potential grants applicants otherwise unable to prepare construction cost grant requests.

Authorizes the Administrator of the Environmental Protection Agency to make a specified sewage treatment grant to the State of California. Directs the Administrator to make grants to the cities of Eureka and San Diego, California.

Authorizes the Administrator, upon the request of the Governor of an affected State, to use funds from State allotments to address water quality problems caused by discharges from combined storm water and sanitary sewer overflows.

Makes available to the Administrator, beginning in fiscal year 1983, specified additional funds per fiscal year to be used to address water quality problems of bays and estuaries due to such discharges not otherwise eligible for Federal payments for treatment works. Authorizes the use of such funds upon the request of and demonstration of water quality benefits by the Governor of an affected State.

Directs the Administrator to assist grant applicants to develop and file capital financing plans.

Reduces the Federal share of treatment works construction grants to 55 percent beginning in fiscal year 1985.

Revises formulae for determining the amount of any grant, made after September 30, 1978, for treatment works using innovative or alternative wastewater treatment processes and techniques. Sets such amount at a percentage rate of the construction cost 20 percent greater than the rate established for other treatment works grants or the modified uniform percentage rate, up to 85 percent of such costs.

Extends the definition of the term "eligible treatment works" to cover those which can be fully funded by States in fiscal years beyond fiscal year 1981 (and which meet other specified requirements).

Extends through fiscal year 1985 requirements that specified minimum amounts be expended from State allotments in order to increase the Federal share of grants for construction of treatment works utilizing innovative processes and techniques. Revises formulae for determining such amounts.

Redefines the term "construction" as used in such Act to include field testing of innovative or alternative waste water treatment processes and techniques that meet specified guidelines.

Raises the total estimated cost limit for treatment works for which single grants may be awarded to cover the combined Federal share of plan preparation costs and construction costs. Repeals a provision that allows a higher (than the current) limit in cases of unusually high construction costs.

Revises conditions on treatment works grants to prohibit grants to construct that portion of a treatment works providing reserve capacity in excess of existing needs, with specified exceptions.

Ends the prohibition against the use of publicly owned treatment works grants made after November 15, 1981, to treat, store, or convey flows from industrial users in excess of existing flow.

Allows grantees in writing the specifications for bids in connection with a treatment works to use a "brand name or equal" description to define the performance or other requirements of a procurement.

Requires that treatment works construction grants provide that the engineers or firms providing architect engineering or supervisory services during construction shall: (1) continue their relationship to the grant applicant for one year after the completion of construction and initial operation; (2) supervise operation and train operating personnel during such year; and (3) certify whether the treatment works meet specifications. Requires that failures to meet specifications be corrected in a timely manner at other than Federal expense.

Sets forth formulae, schedules, and procedures for the allotment of funds for treatment works grants in fiscal years 1982 through 1985.

Extends a formula for specified State and territorial allotments, as well as an authorization of appropriations for such allotments, through fiscal year 1985.

Sets forth a formula for reserving specified funds from each State's allotment for fiscal years 1982 through 1985. Directs the Administrator to reserve an additional amount from State allotments to be available to States to carry out water quality management planning.

Directs the Administrator to allot funds to the State of New York to pay for conveying sewage from the New York City Convention Center to the Newtown, New York, sewage treatment plant.

Lowers the amount authorized to be appropriated for fiscal year 1982 for treatment works construction grants. Authorizes appropriations, in such lowered amount, for fiscal years 1983 through 1985 for such purpose.

Declares it congressional policy that waste treatment and management projects undertaken with Federal assistance under such Act shall be economical and cost effective and designed to achieve optimum water quality management.

Requires a value engineering review in connection with grants for the erection, alteration, or extension of certain treatment works.

Describes procedures for approval or disapproval of State applications for such construction grants.

Extends to July 1, 1988, the period during which the Administrator may issue or modify permits to extend compliance deadlines for specified effluent limitations, in cases where reductions in the amount of financial assistance under such Act or changed conditions affecting the rate of construction beyond the control of the owner or operator will make it impossible to complete construction by July 1, 1983. Repeals a provision that all publicly owned treatment works must comply by a certain date with specified requirements for study and evaluation of alternative waste management techniques and for application of the best practicable waste technology.

Modifies permit requirements concerning pollutants discharged into marine waters.

Prohibits applicants for permits concerning discharges into marine waters, other than the city of Avalon, California, from receiving such permits for one year after enactment of this Act.

Provides that, for purposes of specified information and guidelines provisions, certain biological treatment facilities shall be deemed the equivalent of secondary treatment.

Requires that the review, revision, adoption, or promulgation of revised or new water quality standards, pursuant to specified provisions of such Act, be completed three years after the enactment of this Act.

Prohibits the making of grants for a project after such date until water quality standards are reviewed and revised, except where the Administrator has not approved or disapproved good faith State submissions within 120 days of receipt.

Directs the Administrator to report to Congress concerning the Federal water pollution control program.

Declares that judicial notice should be taken of this Act and that parties to Federal consent decrees concerning the construction of publicly owned treatment works should reexamine the provisions therein.

Makes the publicly owned treatment works for Bath Township, Michigan, eligible for payments from sums allocated to Michigan under such Act.