Page:United States Statutes at Large Volume 101 Part 1.djvu/47

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PUBLIC LAW 100-4—FEB. 4, 1987 specifications or effluent limitations contained in the grant agreement and permit pursuant to section 402 of this Act for such project.",

101 STAT. 17 33 USC 1342.

SEC. 204. DESIGN/BUILD PROJECTS.

Section 203 is amended by adding at the end the following new subsection: "(f) DESIGN/BUILD PROJECTS.—

33 USC 1283. State and local governments. Contracts. Waste treatment.

"(1) AGREEMENT.—Consistent with State law, an applicant who proposes to construct waste water treatment works may enter into an agreement with the Administrator under this subsection providing for the preparation of construction plans and specifications and the erection of such treatment works, in lieu of proceeding under the other provisions of this section. "(2) LIMITATION ON PROJECTS.—Agreements under this subsection shall be limited to projects under an approved facility plan which projects are— i„ "(A) treatment works that have an estimated total cost of $8,000,000 or less; and "(B) any of the following types of waste water treatment systems: aerated lagoons, trickling filters, stabilization ponds, land application systems, sand filters, and subsurface disposal systems. "(3) REQUIRED TERMS.—An agreement entered into under this subsection shall— "(A) set forth an amount agreed to as the maximum Federal contribution to the project, based upon a competi•.1 tively bid document of basic design data and applicable standard construction specifications and a determination of ., the federally eligible costs of the project at the applicable ^ ' Federal share under section 202 of this Act; 33 USC 1282. "(B) set forth dates for the start and completion of construction of the treatment works by the applicant and a schedule of payments of the Federal contribution to the project; "(C) contain assurances by the applicant that (i) engineering and management assistance will be provided to manage the project; (ii) the proposed treatment works will be an '• ' operable unit and will meet all the requirements of this title; and (iii) not later than 1 year after the date specified as the date of completion of construction of the treatment works, the treatment works will be operating so as to meet > " the requirements of any applicable permit for such treattment works under section 402 of this Act; 33 USC 1342. "(D) require the applicant to obtain a bond from the contractor in an amount determined necessary by the ii Administrator to protect the Federal interest in the project; and "(E) contain such other terms and conditions as are necessary to assure compliance with this title (except as provided in paragraph (4) of this subsection). i

"(4) LIMITATION ON APPLICATION.—Subsections (a), (b), and (c)

.

of this section shall not apply to grants made pursuant to this subsection. "(5) RESERVATION TO ASSURE COMPLIANCE.—The Administrator

shall reserve a portion of the grant to assure contract compliance until final project approval as defined by the Adminis-

Grants.