Municipal Wastewater Treatment Construction Grant Amendments of 1981
PL 97-117 (H.R.4503), enacted 12/29/1981

PUBLIC LAW 97-117—DEC. 29, 1981 
95 STAT. 1623 
Public Law 97-117 
97th Congress 
An Act 
Dec. 29,1981 
[H.R. 4503] 
Municipal 
Wastewater 
Treatment 
Construction 
Grant 
Amendments of 
1981. 
33 use 1251 
note. 
33 use 1281. 
To amend the Federal Water Pollution Control Act to authorize fimds for fiscal year 
1982, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Municipal Wastewater 
Treatment Construction Grant Amendments of 1981 . 
EUGIBLE CATEGORIES 
SEC. 2. (a) Section 201(gXl) of the Federal Water Pollution Control 
Act is amended by adding at the end thereof the following: ''On and 
after October 1,1984, grants under this title shall be made only for 
projects for secondary treatment or more stringent treatment, or any 
cost effective sdtemative thereto, new interceptors and appurte-
nances, and infiltration-in-flow correction. Notwithstanding the pre-
ceding sentence, the Administrator may make grants on and after 
October 1, 1984, for any project within the dennition set forth in 
section 212(2) of this Act, other than for a project referred to in the 
preceding sentence, except that not more than 20 per centum (as 
determined by the Governor of the State) of the amount allotted to a 
State under section 205 of this Act for any fiscal year shall be 
obligated in such State under authority of 
this sentence.". 
(b) Section 211(c) of the Federal Water Pollution Control Act is 
amended by striking out "September 30,1982," and inserting in lieu 
thereof "September 30,1985,^ 
GRANTS FOR STEPS 1 AND 2 
SEC. 3. (a) Section 201 of the Federal Water Pollution Control Act 33 use 1281 
is amended by adding a new subsection (1): 
"(1X1) After the date of 
enactment of 
this subsection. Federal grants 
shall not be made for the purpose of providing assistance solely for 
facility plans, or plans, specifications, and estimates for any proposed 
project for the construction of treatment works. In the event that the 
proposed project receives a grant under this section for construction, 
the Administrator shaU make an allowance in such grant for non-
Federal funds expended during the facility planning and advanced 
engmeering and design phase at the prevailing Federal share under 
section 202(a) of this Act, based on the percentage of total project 
costs which the Administrator determines is the general experience 
for such projects. 
"(2XA) Each Stdte shall use a portion of the funds allotted to such 
State each fiscal year, but not to exceed 10 per centum of such funds, 
to advance to potential grant appUcants under this title the coste of 
33 use 1292. 
33 u s e 1285. 
33 use 1291. 
33 use 1282. 
89-194 O—82 
104 : QL3 
95 STAT. 1624 
PUBLIC LAW 97-117—DEC. 29, 1981 
facility planning or the preparation of plans^ specifications, and 
estimates. 
"(B) Such an advance shall be limited to the allowance for such 
costs which the Administrator establishes under paragraph (1) of this 
subsection, and shall be provided only to a potential grant applicant 
which is a small community and which in the judgment of the State 
would otherwise be unable to prepare a request for a grant for 
construction costs under this section. 
"(C) In the event a grant for construction costs is made under this 
section for a project for which an advance has been made under this 
paragraph, the Administrator shall reduce the amount of such grant 
by the allowance established under paragraph (1) of this subsection. 
In the event no such grant is made, the State is authorized to seek 
repayment of such advance on such terms and conditions as it may 
determine.". 
MITIGATION AND SPECIAL PROCESSES 
Grants. 
SEC. 4. Section 201 of the Federal Water Pollution Control Act is 
33 use 1281. 
amended by adding the following new subsection: 
"(m)(l) Notwithstanding any other provisions of this title, the 
Administrator is authorized to make a grant from any funds other-
33 use 1285. 
wise allotted to the State of California under section 205 of this Act to 
the project (and in the amount) specified in Order WQG 81-1 of the 
California State Water Resources Control Board. 
"(2) Notwithstanding any other provision of this Act, the Adminis-
trator shall make a grant from any funds otherwise allotted to the 
State of California to the city of Eureka, California, in connection 
with project numbered C-06-2772, for the purchase of one hundred 
and thirty-nine acres of property as environmental mitigation for 
siting of the proposed treatment plant. 
"(3) Notwithstanding any other provision of this Act, the Adminis-
trator shall make a grant from any funds otherwise allotted to the 
State of California to the city of San Diego, California, in connection 
with that city's aquaculture sewage process (total resources recovery 
system) as an innovative and alternative waste treatment process. . 
COMBINED SEWER OVERFLOW 
33 use 1281. 
SEC. 5. Section 201 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(nXl) On and after October 1, 1984, upon the request of the 
Governor of an affected State, the Administrator is authorized to use 
33 use 1285. 
funds available to such State under section 205 to address water 
quality problems due to the impacts of discharges from combined 
storm water and sanitary sewer overflows, which are not otherwise 
eligible under this subsection, where correction of such discharges is 
a major priority for such State. 
"(2) Beginning fiscal year 1983, the Administrator shall have 
available $200,000,000 per fiscal year in addition to those funds 
Post, p. 1630. 
authorized in section 207 of this Act to be utilized to address water 
quality problems of marine ba^s and estuaries subject to lower levels 
of water quality due to the impacts of discharges from combined 
storm water and sanitary sewer overflows from adjacent urban 
complexes, not otherwise eligible under this subsection. Such sums 
may be used as deemed appropriate by the Administrator as provided 
in paragraphs (1) and (2) of this subsection, upon the request of and 
demonstration of water quality benefits by the Grovemor of an 
affected State.". 
PUBLIC LAW 97-117—DEC. 29, 1981 
95 STAT. 1625 
CAPITAL FINANaNG 
SEC. 6. Section 201 of the Federal Water Pollution Control Act is 33 use i28i. 
amended by adding at the end thereof the following: 
"(o) The Administrator shall encourage and assist applicants for 
grant assistance under this title to develop and file with the Adminis-
trator a capital financing plan which, at a minimum— 
"(1) projects the fixture requirements for waste treatment 
services within the applicant's jurisdiction for a period of no less 
than ten years; 
"(2) projects the nature, extent, timing, and costs of future 
expansion and reconstruction of treatment works which will be 
necessary to satisfy the applicant's projected future require-
ments for waste treatment services; and 
"(3) sets forth with specificity the manner in which the 
applicant intends to finance such future expansion and recon-
struction.". 
FEDERAL SHARE 
SEC. 7. The first sentence of section 202(aXl) of the Federal Water 
Pollution Control Act is amended by inserting after "1971," the 33 use 1282. 
following: "and ending before October 1,1984,". The first sentence of 
such section is further amended by inserting after "(as approved by 
the Administrator)," the following: "and for any fiscal year beginning 
on or after October 1, 1984, shall be 55 per centum of the cost of 
construction thereof (as approved by the Administrator),". Such 
section 202(aXl) is further amended by adding at the end thereof the 
following new sentence: "Notwithstanding the first sentence of this 
paragraph, in "any case where a primary, secondary, or advanced 
waste treatment facUity or its related interceptors or a project for 
infiltration-in-flow correction has received a grant for erection, 
building, acquisition, alteration, remodeling, improvement, exten-
sion, or correction before October 1,1984, all segments and phases of 
such facility, interceptors, and project for infiltration-in-flow correc-
tion shall be eligible for grants at 75 per centum of the cost of 
construction thereof.". 
INNOVATIVE AND ALTERNATIVE PROCESSES 
SEC. 8. (a) Section 202(aX2) of the Federal Water Pollution Control 
Act is amended by inserting after the first sentence the following: 
"The amount of any grant made after September 30, 1981, for any 
eligible treatment works or unit processes and techniques thereof 
utuizing innovative or alternative wastewater treatment processes 
and techniques referred to in section 201(gX5) shall be a percentage of 33 use I28i. 
the cost of construction thereof equal to 20 per centum greater than 
the percentage in effect under paragraph (1) of this subsection for 
such works or unit processes and techniques, but in no event greater 
than 85 per centum of the cost of construction thereof.". 
(b) Section 202(a)(4) of the Federal Water Pollution Control Act is 33 use i282. 
amended by striking out "in the fiscal years ending September 30, 
1979, September 30, 1980, and September 30, 1981" and by striking 
out the last sentence. 
(c) Section 205(i) of the Federal Water Pollution Control Act is 33 use 1285. 
amended by strildng out "and September 30, 1981," in the first 
sentence and inserting in lieu thereof "September 30,1981, Septem-
ber 30,1982, September 30,1983, September 30,1984, and September 
30,1985," and by striking out "from 75 per centum to 85 per centum". 
95 STAT. 1626 
PUBLIC LAW 97-117—DEC. 29, 1981 
and by adding at the end thereof the following: "Including the 
expenditures authorized by the first sentence of this subsection, a 
total (as determined by the Governor of the State) of not less than 4 
per centum nor more than IVz per centum of the funds allotted to 
such State for any fiscal year beginning after September 30, 1981, 
under subsection (c) of this section shall be expended only for 
increasing the Federal share of grants for construction of treatment 
works pursuant to section 202(a)(2) of this Act.". 
33 use 1292. 
(d) Section 212(1) of the Federal Water Pollution Control Act is 
amended by inserting after "procedures," the following: "field testing 
of innovative or alternative waste water treatment processes and 
techniques meeting guidelines promulgated under section 304(d)(3) of 
33 u s e 1314. 
this Act,". 
COMBINED STEP 2 AND 3 GRANTS 
9
4 Stat. 2362. 
SEC. 9. Section 203(a) of the Federal Water Pollution Control Act is 
33 use 1283. 
amended by striking "$4,000,000" and inserting in lieu thereof 
"$8,000,000". The last sentence of such section 203(a) is hereby 
repealed. 
RESERVE CAPACITY 
SEC. 10. (a) Section 204(a)(5) of the Federal Water Pollution Control 
33 use 1284. 
Act is amended by striking out the semicolon at the end thereof and 
inserting in lieu thereof a period and the following: "Beginning 
October 1, 1984, no grant shall be made under this title to construct 
that portion of any treatment works providing reserve capacity in 
excess of existing needs (including existing needs of residential, 
commercial, industrial, and other users) on the date of approval of a 
grant for the erection, building, acquisition, alteration, remodeling, 
improvement, or extension of a project for secondary treatment or 
more stringent treatment or new interceptors and appurtenances, 
except that in no event shall reserve capacity of a facility and its 
related interceptors to which this subsection applies be in excess of 
existing needs on October 1,1990. In any case in which an applicant 
proposes to provide reserve capacity greater than that eligible for 
Federal financial assistance under this title, the incremental costs of 
the additional reserve capacity shall be paid by the applicant;", 
(b) Section 204 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(c) The next to the last sentence of paragraph (5) of subsection (a) 
of this section shall not apply in any case where a primary, second-
ary, or advanced waste treatment facility or its related interceptors 
has received a grant for erection, building, acquisition, alteration, 
remodeling, improvement, or extension before October 1, 1984, and 
all segments and phases of such facility and interceptors shall be 
funded based on a 20-year reserve capacity in the case of such facility 
and a 20-year reserve capacity in the case of such interceptors, except 
that, if a grant for such interceptors has been approved prior to the 
date of enactment of the Municipal Wastewater Treatment Construc-
Ante, p. 1623. 
tion Grant Amendments of 1981, such interceptors shall be funded 
based on the approved reserve capacity not to exceed 40 years.". 
9
4 Stat. 2361. 
(c) Section 201(k) of the Federal Water Pollution Control Act is 
Expiration date 
amended by adding at the end thereof the following new sentence: 
"This subsection shall not be in effect after November 15, 1981.". 
PUBLIC LAW 97-117—DEC. 29, 1981 
95 STAT. 1627 
BRAND NAME 
SEC. 11. Section 204(aX6) of the Federal Water Pollution Control 
Act is amended by striking out ", or at least two brand names or 33 use 1284. 
trade names of comparable quality or utility are listed and are 
followed by the words 'or equal " and by adding at the end thereof the 
following: "When in the judgment of the grantee, it is impractical or 
uneconomical to make a clear and accurate description of the 
technical requirements, a 'brand name or equal' description may be 
used as a means to define the performance or other salient require-
ments of a procurement, and in doing so the grantee need not 
establish the existence of any source other than the brand or source 
so named.". 
ENGINEERING PERFORMANCE 
SEC. 12. Section 204 of the Federal Water Pollution Control Act is 
amended by adding the following new subsection: 
"(d)(1) A grant for the construction of treatment works under this 
title shall provide that the engineer or engineering firm supervising 
construction or providing architect engineering services during con-
struction shall continue its relationship to the grant applicant for a 
period of one year after the completion of construction and initial 
operation of such treatment works. During such period such engineer 
or engineering firm shall supervise operation of the treatment works, 
train operating personnel, and prepare curricula and training mate-
rial for operating personnel. Costs associated with the implementa-
tion of this paragraph shall be eligible for Federal assistance in 
accordance with this title. 
"(2) On the date one year after the completion of construction and 
initial operation of such treatment works, the owner and operator of 
such treatment works shall certify to the Administrator whether or 
not such treatment works meet the design specifications and effluent 
limitations contained in the grant agreement and permit pursuant to 
section 402 of the Act for such works. If the owner and operator of ^3 use 1342. 
such treatment works cannot certify that such treatment works meet 
such design specifications and effluent limitations, any failure to 
meet such design specifications and effluent limitations shall be 
corrected in a timely manner, to allow such affirmative certification, 
at other than Federal expense. 
"(3) Nothing in this section shall be construed to prohibit a grantee 
under this title from requiring more assurances, guarantees, or 
indemnity or other contractual requirements from any party to a 
contract pertaining to a project assisted under this title, than those 
provided under this subsection.". 
ALLOTMENT FORMULA 
SEC. 13. (a) Section 205(c) of the Federal Water Pollution Control 
Act is amended by inserting "(1)" after "(c)" and by adding at the end 33 use 1285. 
thereof the following new paragraph: 
"(2) Sums authorued to be appropriated pursuant to section 207 for Post, p. 1630. 
the fiscal years 1982,1983,1984, and 1985 shall be allotted for each 
such year by the Administrator not later than the tenth day which 
begins after the date of enactment of the Municipal Wastewater 
Treatment Construction Grant Amendments of 1981. Notwithstand-
ing any other provision of law, sums authorized for the fiscal year 
ending September 30,1982, shall be allotted in accordance with table 
3 of Committee Print Numbered 95-30 of the Committee on Public 
95 STAT. 1628 
PUBLIC LAW 97-117—DEC. 29, 1981 
Works and Transportation of the House of Representatives. Sums 
authorized for the fiscal years ending September 30,1983, September 
30,1984, and September 30,1985, shall be allotted in accordance with 
the following table: 
Fiscal years 1983 
States: 
through 1985 
Alabama 
011398 
Alaska 
006101 
Arizona 
006885 
Arkansas 
006668 
California. 
072901 
Colorado 
008154 
Connecticut 
012487 
Delaware 
004965 
District of Columbia 
004965 
Florida 
034407 
Georgia 
017234 
Hawaii 
007895 
Idaho 
.004965 
Illinois 
046101 
Indiana 
024566 
Iowa 
013796 
Kansas 
009201 
Kentucky 
012973 
Louisiana 
011205 
Maine 
007788 
Maryland 
024653 
Massachusetts 
034608 
Michigan 
043829 
Minnesota 
018735 
Mississippi 
009184 
Missouri 
028257 
Montana 
004965 
Nebraska 
005214 
Nevada 
004965 
New Hampshire 
010186 
New Jersey 
041654 
New Mexico 
004965 
New York 
113097 
North Carolina 
018396 
North Dakota 
004965 
Ohio 
057383 
Oklahoma 
008235 
Oregon 
011515 
Pennsylvania 
040377 
Rhode Island 
006750 
South Carolina 
010442 
South Dakota 
004965 
Tennessee 
014807 
Texas 
038726 
Utah 
005371 
Vermont 
„ 
004965 
Virginia 
020861 
Washington 
017726 
West Virginia 
015890 
Wisconsin 
027557 
Wyoming 
004965 
Samoa 
000915 
Guam 
000662 
Northern Marianas 
000425 
Puerto Rico 
013295 
Pacific Trust Territories 
001305 
Virgin Islands 
000531 
United States totals 
999996 
33 use 1285. 
(b) Section 205(e) of the Federal Water Pollution Control Act is 
amended by striking out "and 1981" each of the two places it appears 
and insertmg in lieu thereof at each such place "1981, 1982, 1983, 
1984, and 1985". 
PUBLIC LAW 97-117—DEC. 29, 1981 
95 STAT. 1629 
STATE ADMINISTRATION GRANTS 
SEC. 14. (a) The first sentence of section 205(gXl) of the Federal 
Water Pollution Control Act is amended by inserting immediately 33 use 1285. 
after "October 1,1977," the following: "except in the case of 
any fiscal 
year beginning on or after October 1,1981, and ending before October 
1,1985, in which case the percentage authorized to be reserved shall 
not exceed 4 per centum.". 
(b) Section 205(gXl) of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new sentence: 
"Sums authorized to be reserved by this paragraph shall be in 
addition to and not in lieu of any other funds which may be 
authorized to carry out this subsection.". 
WATER QUALITY MANAGEMENT PLANNING 
SEC. 15. Section 205 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new subsection: 
"(jXl) TTie Adinmistrator shall reserve each fiscal year not to 
exceed Iper centum of the sums allotted and available for obligation 
to each State under this section for each fiscal year beginning on or 
after October 1,1981, or $100,000, whichever amoimt is the greater. 
"(2) Such sums shall be used by the Administrator to make grants 
to the States to carry out water quality management planning, 
including, but not limited to— 
"(A) identifying most cost effective and locally acceptable 
facility and non-point measures to meet and mamtain water 
quality standards; 
"(B) developing an implementation plan to obtain State and 
local 
financial 
and regulatory commitments to implement meas-
ures developed under subparagraph (A); 
"(C) determining the nature, extent, and causes of water 
quality problems in various areas of the State and interstate 
region, and reporting on these annually; and 
(D) determining those publicly owned treatment works which 
should be constructed with assistance under this title, in which 
areas and in what sequence, taking into account the relative 
degree of effiuent reduction attained, the relative contributions 
to water qualitv of other point or nonpoint sources, and the 
consideration of alternatives to such construction, and imple-
menting section 303(e) of 
this Act. 
33 use 1313. 
"(3) In carrying out planning with grants made under paragraph (2) 
of this subsection, a State shall develop jointly with local, regional, 
and interstate entities, a plan for carrying out the program and give 
funding priority to such entities and designated or undesignated 
public comprehensive planning organizations to carry out the pur-
poses of 
this subsection. 
"(4) All activities undertaken under this subsection shall be in 
coordination with other related provisions of 
this Act.". 
CONVENTION CENTER 
SEC. 16. Section 205 of the Federal Water Pollution Control Act is 33 use i285. 
amended by adding at the end thereof the following new subsection: 
"(k) The Administrator shall allot to the State of New York firom 
sums authorized to be appropriated for the 
fiscal 
year ending Septem-
ber 30,1982, an amount necessary to pay the entire cost of conveying 
sewage 
firom 
the Convention Center of the city of New York to the 
95 STAT. 1630 
PUBLIC LAW 97-117—DEC. 29, 1981 
Newtown sewage treatment plant, Brooklyn-Queens area. New York. 
Hie amount allotted tmder this subsection shall be in adcUtion 
to 
and 
not in lieu of anv other amounts authorized to be allotted to such 
State under this Act/'. 
AUTHORIZATION 
d
"
f
^
'
o
R ^^i 
SEC. 17. Section 207 of the Federal Water Pollution Control Act is 
33 use 1287. 
amended by striking out aU that follows "$2,548,837,000;" and insert 
ing in lieu thereof "and for the fiscal years ending September 30, 
1982, September 30, 1983, September 30, 1984, and September 30, 
1985, not 
to 
exceed $2,400,000,000 per fiscal year.". 
WATER QUALITY PRIORITY 
33 use 1296. 
SEC. 18. Section 216 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new sentence: "It 
is the policy of Congress that projects for wastewater treatment and 
management undertaken witn Federal financial assistence under 
this Act by any Stete, municipality, or intermunicipal or interstete 
agenQT shall be projects which, in the estimation of the Stete, are 
designed to achieve optimum water quality management, consistent 
with the public health and water quality goals and requirements of 
the Act.". 
COST EFFECTIVENESS 
SEC. 19. Title U of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new section: 
"COST EFFECTIVENESS 
Waste treatment 
"SEC. 218. (a) It is the poUcy of Congress that a project for waste 
qq^if^ isqs 
treatment and management undertaken with Federal financial 
assistance under this Act by any Stete, municipality, or intermunici-
pal or interstete agency shall be considered as an overall waste 
treatment system for waste treatment and management, and shall be 
that system which constitutes the most economical and cost-effective 
combination of devices and i^stems used in the storage, treatment, 
recycling, and reclamation of municipal sewage or industrial wastes 
33 use 1281. 
of 
a liquid nature 
to 
implement section 201 of 
tnis Act, or necessary to 
recycle or reuse water at the most economical cost over the estimated 
life of the works, including intercepting sewers, outfall sewers, 
sewage collection systems, pumping power, and other equipment, and 
their appurtenances; extension, improvements, remodeling, addi-
tions, and alterations thereof; elemente essential to provide a reliable 
recycled supply such as standby treatment units and clear well 
facilities; and any works, including site acquisition of the land that 
will be an integral part of the treatment process (including land use 
for the storage of 
treated wastewater in l£uid treatment systems prior 
to land apphcation) or which is lused for ultimate disposal of residues 
resulting from such treatment; water efQdency measures and 
devices; and any other method or system for preventing, abating, 
reducing, storing, treating, separating, or disptosing of municipal 
waste, including storm water runoff, or industrial waste, includmg 
waste in combined storm water and sanitary sewer systems; to meet 
the requiremente of 
this Act. 
"(b) In accordance with the policy set forth in subsection (a) of this 
section, before the Administrator approves any grant to any Stete, 
municipality, or intermunicipal or interstete agency for the erection, 
PUBLIC LAW 97-117—DEC. 29, 1981 
95 STAT. 1631 
building, acquisition, alteration, remodeling, improvement, or exten-
sion of any treatment works the Administrator shall determine that 
the facilities plan of which such treatment works are a part consti-
tutes the most economic^ and cost^fifective combination of treat-
ment works over the l^e of the project to meet the requirements of 
this Act, including, but not limited to, consideration of construction 
costs, operation, maintenance, and replacement costs. 
"(c) In furtherance of the policy set forth in subsection (a) of this 
section, the Administrator shall reauire value engineering review in 
connection with any treatment works, prior to approval of any grant 
for the erection, building, acquisition, alteration, remodeling, 
improvement, or extension of such treatment works, in any case m 
wmch the cost of such erection, building, acquisition, alteration, 
remodeling, improvement, or extension is projected to be in excess of 
$10,000,000. For purposes of 
this subsection, the term Value engineer- "Value 
ing review' means a specialized cost control technique which uses a engineering 
systematic and creative approach to identify and to focus on unneces- ''^^^^^ 
sarily high cost in a project in order to arrive at a cost saving without 
sacmicing the reliability or efficiency of 
the project. 
"(d) Tins section applies to projects for waste treatment and 
management for which no treatment works including a facilities plan 
for such project have received Federal financial assistance for the 
E
reparation of construction plans and specifications under this Act 
efore the date of 
enactment of 
this section.". 
STATE CERTIFICATION 
SEC. 20. Title 11 of the Federal Water Pollution Control Act is 
amended by adding at the end thereof the following new section: 
"STATE CERTIFICATION OF PROJECTS 
"SEC. 219. Whenever the Governor of a State which has been 33 use 1299. 
delegated sufficient authoritv to administer the construction grant 
program under this title in that State certifies to the Administrator 
that a grant application meets applicable requirements of Federal 
and State law for assistance under this title, the Administrator shall 
approve or disapprove such application within 46 days of the date of 
receipt of such application. If the Administrator does not approve or 
disapprove such application within 45 days of receipt, the application 
shall be deemed approved. If the Admmistrator disapproves such 
application the Administrator shall state in writing the reasons for 
such disapproval. Any grant approved or deemed approved under this 
section shall be subject to amounts provided in appropriation Acts.". 
MUNICIPAL COMPLIANCE D E A D U N E 
SEC. 21. (a) Section 301(i) of the Federal Water Pollution Control 
Act is amended by striking out "July 1,1983," each place it appears 33 use I3ii. 
and inserting in lieu thereof "July 1,1988,". The amendment made 33 use I3ii 
by this subsection shall not be interpreted or applied to extend the "°** 
date for comi)liance with section 301(bXl) (B) or (C) of the Federal 
Water Pollution Control Act beyond schedules for compliance in 
effect as of the date of enactment of this Act, except in cases where 
reductions in the amount of financial assistance under this 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. 
95 STAT. 1632 
PUBLIC LAW 97-117—DEC. 29, 1981 
33 u s e 1311. 
Effective date. 
33 u s e 1311 
note. 
(b) Section 301(bX2XB) of the Federal Water Pollution Control Act 
is repealed. 
OCEAN DISCHARGES 
SEC. 22. (a) Section 301(h) of the Federal Water Pollution Control 
Act is amended in the portion preceding paragraph (1) by striking out 
"in an existing discha^e". 
(b) Such section 301(n) is amended by striking out the semicolon at 
the end of paragraph (7) and inserting in lieu thereof a period and by 
striking out paragraph (8). 
(c) Such section 301(h) is further amended by adding at the end 
thereof the following: "A municipality which applies secondary 
treatment shall be eli^ble to receive a permit pursuant to th& 
subsection which modifies the recjtuirements of subsection (bXlXB) of 
this section with respect to the discharge of any pollutant from any 
treatment works owned by such municipality into marine waters. No 
permit issued under this subsection shall authorize the discharge of 
sewage sludge into marine waters.". 
(d) Section 301(jXl) of the Federal Water Pollution Control Act is 
amended by stri^ng out clause (A) and inserting in lieu thereof the 
following new clause: 
"(A) subsection Oi>Xl)(B) under subsection (h) of this section 
shall be filed not later that the 365th day which begins after the 
date of enactment of the Municipal Wastewater Treatment 
Construction Grant Amendments of 1981;". 
(e) The amendments made by this section shall take effect on the 
date of 
enactment of 
this Act, except that no applicant, other than the 
city of Avalon, California, who applies after uie date of enactment of 
this Act for a permit i)ursuant to subsection (h) of section 301 of the 
Federal Water Pollution Control Act which modifies the require-
ments of subsection (bXl)(B) of section 301 of such Act shall receive 
such permit during the one-year period which begins on the date of 
enactment of 
this Act. 
SECONDARY TREATMENT DEFINITION 
33 use 1314. 
SEC. 23. Section 304(d) of 
the Federal Water Pollution Control Act is 
amended by adding the following new paragraph: 
"(4) For the purposes of this subsection, such biological treatment 
facilities as oxidation ponds, lagoons, and ditches and trickling filters 
shall be deemed the equivalent of 
secondary treatment. The Adminis-
trator shall provide guidance under paragraph (1) of this subsection 
on design criteria for such facilities, ta^ig into account pollutant 
removal efficiencies and, consistent with the objective of the Act, 
assuring that water quality will not be adversely affected by deeming 
such facilities as the equivalent of 
secondary treatment.". 
REVISED WATER QUALITY STANDARDS 
33 use 1313a. 
SEC. 24. The review, revision, and adoption or promulgation of 
revised or new water quality standards pursuant to section 303(c) of 
33 use 1313. 
the Federal Water Pollution Control Act shall be completed by the 
date three years after the enactment of the Municipal Wastewater 
Treatment Construction Grjmt Amendments of 1981. No grant shall 
be made under title 11 of the Federal Water Pollution Control Act 
after such date until water quality standards are reviewed and 
revised pursuant to section 303(c), except where the State has in good 
faith submitted such revised water quality standards and the Admin-
PUBLIC LAW 97-117—DEC. 29, 1981 
95 STAT. 1633 
istrator has not acted to approve or disapprove such submission 
within one hundred and twenty days of 
receipt. 
NEEDS SURVEY 
SEC. 25. The Administrator of the Environmental Protection Report to 
Agency shall submit to the Congress, not later than December 31, Qo^ScfisTs 
1982, a roport containing the detailed estimates, comprehensive ^
^
^
^ 
study, and comprehensive analysis required by section 516(b) of the 
Fedei^ Water Pollution Control Act, including an estimate of the 33 use 1375. 
total cost and the amount of 
Federal fimds necessary for the construc-
tion of needed publicly owned treatment facilities. Such report shall 
be prepared in the same manner as is required by such section and 
shall 
reflect 
the changes made in the Federal water pollution control 
program by this Act and the amendments made by this Act. In 
preparing this 
report, 
the Administrator shall give emphasis to the 
effects of the amendment made by section 2(a) of this Act in 
addressing water quality needs adequately and appropriately. 
JUDICIAL NOnCE 
SEC. 26. It is the sense of Congress that judicial notice should be 
taken of this Act and of the amendments to the Federal Water 
Pollution Control Act made by this Act, including reduced authoriza-
tion levels under section 207 of such Act, and that the parties to ^^te, p. 1630. 
Federal consent decrees establishing a deadline, schedule, or timeta-
ble for the construction of publiay owned treatment works are 
encouraged to reexamine the provisions of such consent decrees and, 
where required by equity, to make appropriate adjustments in such 
provisions. 
BATH TOWNSHIP 
SEC. 27. For purposes of the Federal Water Pollution Control Act, 
the project for publicly owned treatment works for Bath Township, 
Michigan, shall be eligible for payments from sums allocated to the 
State of Michigan under such Act in an amount equal to the amount 
such works would be eligible for under section 202 of such Act if such 33 use i282. 
works were to be constructed after the date of enactment of this Act, 
at the original construction cost. 
Approved December 29, 1981. 
LEGISLATIVE HISTORY—H.R. 4503 (S. 1716): 
HOUSE REPORTS: No. 97-270 (eomm. on Public Works and Transportation) and No. 
97-408 (eomm. of Conference). 
SENATE REPORT No. 97-204 accompanying S. 1716 (Oomm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 127 (1981): 
Oct. 27, considered and passed House; S. 1716 considered and passed Senate. 
Oct. 29, considered and passed Senate, amended, in lieu of S. 1716. 
Dec. 16, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): 
Dec. 29, Presidential statement.