1. (a) All projects which receive assistance from the fund and will be constructed in whole or in part with funds directly made available by capitalization grants which require compliance with the Act, Title II, must meet the requirements under the Act, §§201(b), 201(g)(1), 201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(1), 201(o), 204(a)(1), 204(a)(2), 204(b)(1), 204(d)(2), 211, 218, 511(c)(1), and 513, and with the requirements of subsection (b) of this section. A brief description of the requirements is as follows.

   1. (1) Section 201(b) requires that projects apply best practicable waste treatment technology.
   2. (2) Section 201(g)(1) limits assistance to projects for secondary treatment or more stringent treatment, or any cost-effective alternative thereto, new interceptors and appurtenances, and infiltration-inflow correction.
   3. (3) Section 201(g)(2) requires the alternative waste treatment techniques be considered in project design.
   4. (4) Section 201(g)(3) requires the applicant to show that the related sewage collection system is not subject to excessive infiltration.
   5. (5) Section 201(g)(5) requires that the applicant study innovative and alternative treatment technologies and take into account opportunities to make more efficient use of energy and resources.
   6. (6) Section 201(g)(6) requires that the applicant analyze the potential recreation and open space opportunities in the planning of the proposed facility.
   7. (7) Section 201(n)(1) provides that funds under §205 may be used to address water quality problems due to discharges of combined storm water and sanitary sewer overflows, which are not otherwise eligible, if such discharges are a major priority in a state. This provision is intended to apply to use of funds under Title VI as well as §205.
   8. (8) Section 201(o) requires that the executive administrator encourage and assist communities in developing a capital financing plan.
   9. (9) Section 204(a)(1) and (2) requires that treatment work projects be included in plans developed under §208 and §303(e).
   10. (10) Section 204(b)(1) requires communities to develop user charge systems and to have the legal, institutional, managerial, and financial capability to construct, operate, and maintain the treatment works.
   11. (11) Section 204(d)(2) requires that one year after the date of construction, the owner/operator of the treatment works must certify that the facility meets design specifications and effluent limitations included in its permit.
   12. (12) Section 211 provides that collectors are not eligible unless the collector is needed to assure the total integrity of the treatment works or that adequate capacity exists at the facility.
   13. (13) Section 218 assures that treatment systems are cost-effective and requires that projects of over $10 million include a value engineering review.
   14. (14) Section 511(c)(1) applies the National Environmental Policy Act to treatment works projects.
   15. (15) Section 513 applies the Davis-Bacon Act, 40 USC 276, to treatment works projects.

2. (b) All projects which receive assistance from the fund under this chapter shall satisfy the following federal requirements:

   1. (1) National Environmental Policy Act of 1969, PL 91-190;
   2. (2) Archeological and Historic Preservation Act of 1974, PL 93-291;
   3. (3) Clean Air Act, 42 USC 7506(c);
   4. (4) Coastal Barrier Resources Act, 16 USC 3501 et seq;
   5. (5) Coastal Zone Management Act of 1972, PL 92-583, as amended;
   6. (6) Endangered Species Act, 16 USC 1531, et seq;
   7. (7) Executive Order 11593, Protection and Enhancement of the Cultural Environment;
   8. (8) Executive Order 11988, Floodplain Management;
   9. (9) Executive Order 11990, Protection of Wetlands;
   10. (10) Farmland Protection Policy Act, 7 USC 4201 et seq;
   11. (11) Fish and Wildlife Coordination Act, PL 85-624, as amended;
   12. (12) National Historic Preservation Act of 1966, PL 89-665, as amended;
   13. (13) Safe Drinking Water Act, §1424(e), PL 92-523, as amended;
   14. (14) Wild and Scenic Rivers Act, PL 90-542, as amended;
   15. (15) Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended;
   16. (16) Clean Air Act, §306 and Clean Water Act, §508, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans;
   17. (17) Age Discrimination Act, PL 94-135;
   18. (18) Civil Rights Act of 1964, PL 88-352;
   19. (19) PL 92-500, §13; Prohibition against sex discrimination under the Federal Water Pollution Control Act;
   20. (20) Executive Order 11246, Equal Employment Opportunity;
   21. (21) Executive Orders 11625 and 12138, Women's and Minority Business Enterprise;
   22. (22) Rehabilitation Act of 1973, PL 93-112 (including Executive Orders 11914 and 11250);
   23. (23) Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646; and
   24. (24) Executive Order 12549, Debarment and Suspension.

Source Note:The provisions of this §375.17 adopted to be effective February 25, 1988, 13 TexReg 791; amended to be effective April 21, 1989, 14 TexReg 1749; amended to be effective February 8, 1996, 21 TexReg 666; amended to be effective January 1, 1998, 22 TexReg 12785.