AREA AND AGENCY DESIGNATION HANDBOOK
FOR
SECTION 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLANNING
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D. C. 20460
DECEMBER 1974
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AREA AND AGENCY DESIGNATION HANDBOOK
FOR
SECTION 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLANNING
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D. C. 20460
DECEMBER 1974
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PREFACE
Section 208 of the Federal Water Pollution Control
Act Amendments (P.L. 92-500) provides financial support for
areawide waste treatment management planning (Appendix A). In
carrying out the provisions of this section, EPA has published
40 CFR Part 126 regulations for the designation of areas and
the responsible planning agencies (Appendix B).
The purpose of this handbook is to provide additional
details on the criteria for designating both the 208 planning
areas and the agencies responsible for planning. Examples are
provided as further assistance to Governors of States and the
chief elected officials of general purpose local governments in
preparing information for submission to EPA.
This handbook was prepared by Michael L. Frankel of
Centaur Management Consultants, Inc. with the support of the
208 planning staff.
Washington, D.C. Mark A. Pisano
Director, Water Planning Division
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AREA AND AGENCY DESIGNATION HANDBOOK
FOR
SECTION 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLANNING
CONTENTS
PREFACE
INTRODUCTION v
I. BOUNDARY OF AREA 1
A. Relationship to SMSA(s)
B. Assurance of No Excluded Areas
C. Allowance for Growth of Area
D. Assurance of No Unnecessary Geographic Extent
E. Relationship to Other Types of Areawide Planning
and Data
II. POPULATION OF AREA 3
A. Urban Concentration
B. Urban Growth
III. INDUSTRIAL ACTIVITY IN AREA 5
A. Types of Installations
B. Number of Installations
C. Amenability to Municipal Waste Treatment
D. Trends in Industrial and Economic Growth
IV. WATER QUALITY FACTORS IN THE AREA 7
A. Substantial Water Quality Limited Segments
(or substantial groundwater pollution)
B. Preservation and Protection of Water Quality
1. Unique Resource Impaired by Growth
2. Amount of Resource Impaired by Growth
3. Complex Institutional Setting
4. Complex Sources of Pollution
5. State Preservation and Protection Statment
6. State Water Quality Preservation Parameters
C. Municipal Waste Management by Two or More Local
Governments
D. Substantial Industrial Pollution Problem
E. Population Growth Above National Average
F. Substantial Urban Storm Drainage
G. Substantial Non-Point Source Pollution
11
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CONTENTS (continued)
H. Groundwater Pollution
1. Impaired Groundwater is Major Source of
Water
2. Groundwater Pollution Contributes to Surface
Water Quality Problem
3. Complex Groundwater Problem
4. Remedial Groundwater Action is Possible
Wi thi n Area
5. State and Area Have Groundwater Goal
V. LOCAL GOVERNMENT INTENT 19
A. Resolutions for Areawide Planning and
Imp!ementati on
B. Charter of Existing Agency
VI. PUBLIC PARTICIPATION 23
A. Meeting Notices
B. Summary Comments
VII. DESIGNATED PLANNING AGENCY 23
A. Name
B. Address
C. Official Contact
VIII. FACTORS FOR AGENCY DESIGNATION 25
A. Legal Authority for Planning
B. Specific Authority for Water Quality
Planning
C. Membership of Elected Officials
D. Geographical Jurisdiction Over Area
E. Functional Jurisdiction Over Other Types of
Areawide Planning
F. Relationship with Other Planning Agencies
G. Relationship with Regulatory Agencies
H. Relationship with Management Agencies
I. Existing Agency Planning History, Expertise,
and Resources
IX. ESTIMATING GUIDE FOR PLANNING COSTS 31
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CONTENTS (concluded)
APPENDIX A 1972 Federal Water Pollution Control Act
Amendments (P.L. 92-500) Areawide Waste
Treatment Management, Section 208
APPENDIX B 40 CFR Part 126, Areawide Waste Treatment
Management Planning Areas and Responsible
Planning Agencies
iv
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INTRODUCTION
Through Section 208 of the Federal Water Pollution Control
Act Amendments of 1972, local areas are provided a unique oppor-
tunity to plan and manage a comprehensive pollution control program
for municipal and industrial wastewater, storm and combined sewer
runoff, nonpoint source pollutants, and land use as it relates to
water quality. Through a locally controlled planning agency, an
area can select a cost-effective and instituionally feasible plan
directed to meet the 1983 goals of the Act. The plans should focus
on an integrated approach for identifying and controlling the most
serious water pollution problems initially and over time, resolving
the remaining problems, where feasible. Particular emphasis should
be placed upon non-structural approaches to pollution control (e.g.,
land management) rather than traditional structural measures nor-
mally requiring large investments.
The intent of this Section of the Act is to designate areas
for local planning and management of substantial water quality
problems due to urban-industrial concentrations or other factors
such as the preservation of high water quality areas or the problems
encountered in extensive energy development areas. The regulations
set forth specific criteria for area and agency designation including:
preference for areas with urban-industrial concentrations
areas with substantial water quality problems
agencies with coordinated waste treatment management systems
or local government intent to plan and implement areawide
waste treatment management
This handbook supplements the regulations and provides guidance
in determining the qualifications of areas and agencies and in pre-
senting that information to EPA to support the designation of an
area and agency for conducting areawide waste treatment management
planning. Through its examples, this handbook encourages brief
and succinct inputs for the designation process. For example, a
major SMSA with substantial water quality limited segments due to
complex urban and industrial water pollution problems could satisfy
the information requirements for area designation with a nine page
discussion similar to pages 2, 4, 6, 10, 14, 16, 20, 22 and 24.
Additional pages would be required to substantiate the agency desig-
nation. Similarly, non-urban areas seeking designation on the basis
of preservation and protection of high quality waters or rural areas
expecting intensive energy developments should submit equally brief
information pertinent to their situation.
In carrying out this Section of the Act, EPA is concentrating on
providing Section 208 assistance to urban-industrial areas, particu-
larly the SMSAs with complex water quality problems. The format of
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this handbook follows this intent by presenting information on
(1) urban-industrial developments and trends, (2) substantial
water quality factors, (3) local government intent, (4) public
participation, and (5) factors in agency designation. This format
can also be appied to non-urban intensive problem areas that
warrant areawide planning and management including areas that have
high quality waters that are threatened by growth and development.
In addition to providing a format for the necessary designation
information, this handbook also emphasizes the technical and
institutional commitments that are being made by the area and agency
designation request. This information is important but it is only
the beginning of the entire 208 planning and management process.
In each section of the handbook, a portion of the outline is
repeated and set off by shading. This is followed by additional
explanations of the criteria as defined in the regulations and an
example of the area or agency designation information pertaining
to that portion of the outline. Tab!es and Attachments referred
to in the examples are not included in the Handbook.
VI
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K o , ;, ; ^
to
,
-," ';,>'€; - ftfloftwe* ffcr imtl
-' '
The area to be designated must be identified on a map.
The map must show boundaries of the area and of SMSA(s) either
included, partially included, or contigous to the proposed 208 area.
If no SMSA is involved in the area designation, then the map or
accompanying text should indicate the area's relationship to any
nearby SMSA(s). The designation of an area should take into con-
sideration the growth pattern of nearby SMSA(s) where applicable.
The map of the area must clearly show that no portion within
the area to be designated has been excluded from the geographic
scope of the areawide plan or the jurisdiction of the planning agency.
The text accompanying the map should indicate that the
selected boundaries account for reasonable urban-industrial growth
and/or other factors that may effect waste treatment management.
The text should also indicate that the extent of the area is not (a)
too small to encompass the problems and the control that will be
necessary to accomplish the integrated waste treatment or (b) not
too large to cause unnecessary difficulty and cost in planning and
implementati on.
Where possible, the text and/or the map should refer to
other planning boundaries such as in Air Quality Maintenance Areas
(AQMA), existing and on-going facilities plans, Corps of Engineers
Urban Studies, solid waste planning boundaries, transportation plans
or HUD 701 plans and their relationships to the proposed 208 area
desi gnation.
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BOUNDARY OF THE AREA
The map shows the area for which designation is requested.
The proposed area is the County planning area (as created
by the 1973 State Legislature). It contains 2,115 square
miles and the entire present urban area as well as the
anticipated urban area by the year 2000.
The map shows the relationship to the 208 area to the SMSA.
The SMSA contains Conway, Amory, Hyden, and Milton Counties
Because the river's importance in the integration of waste
treatment management systems, York County is included in
the designation area.
No portion of the designation area has been excluded from
the waste treatment management planning consideration co-
vered in the following sections.
The area encompasses the boundary of the AQMA (Amory,
Hyden and Milton Counties) as well as the HUD 701 com-
prehensive planning area of the SMSA.
208 AREA BOUNDARY
SMSA BOUNDARY
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Preference will be given by EPA in approving area
designations of urban-industrial concentrations. The popu-
lation characteristics of an area, along with the industrial
activity in Section III, should serve as the basis for esta-
blishing the area's urban-industrial concentration.
Area designations should also be claimed on grounds
of water quality factors in conjunction with urban-industrial
concentration. Population characteristics should then be used
to support the factors in Section IV such as above national
average growth trends and/or the size of the population de-
pendent on groundwater.
Population growth projections for SMSA(s) and water
resource areas can be obtained from the 1972 OBERS "Series E"
Projections available at all EPA Regional Offices. These pro-
jections should be used in lieu of locally developed growth
projections. For non-SMSA(s), the OBERS projections should be
used as approximations for the area.
The population figures in this section and the in-
dustrial activity in Section III are merely to characterize
the area. The impact on water quality resulting from population
or industrial concentrations are discussed in Section IV.
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POPULATION
The Study Area includes the entire SMSA with a
population of 600,588.
The study area comprises approximately 1400
square miles and has a density of 384 people per square
mile. In the study area, 453,488 people lived in urban
areas in 1970. Since 1970, as noted above, several cities
have annexed (i.e. Andows) or incorporated (Mt. Palmer)
which has increased the proportion of residents in urban
places. High density urban development, five or more
structures per acre, occupies 152 square miles or 10.9
percent of the total 208 planning area. Low density
urban development, two to five structures per acre, occupies
50 square miles or 3.6% of the total planning area.
The planning area is expected to urbanize at a
rate of 2635 acres per year over the next forty years.
The study area has shown a 1.75% annual growth
rate, and is expected to continue at this rate over the
next five years.
Population Projections: (1970-1990) by County
County
Cruger
Morehead
G 1 e n n v i 1 1 e
Aval on
State
United States
208 Area Counties
1970
447
59
56
36
3,924
203,235
600
,877
,428
,284
,999
,164
,298
,588
1980
501
70
72
47
4,456
232,966
691
,300
,500
,500
,600
,200
,000
,000
1970 Popu-
1990 lation Per
Square Mile
601
92
90
60
5,196
268,883
844
,700
,100
,000
,300
,000
,000
,100
881.
97.
105.
65.
94.
57.
384
6
1
4
3
9
5
"T970 Popu
lation %
Urban
97
58
50
33
58
73
75
.4
.7
.3
.8
.7
.5
.5
Source: 1972 "Series E" OBERS Population Projections
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Preference will be given by EPA in approving area
designations of urban-industrial concentrations. The
characteristics of industrial activity, along with the
population characteristics in Section II, should serve as
the basis for establishing the area's urban-industrial con-
centration. The present and anticipated industrial activity
in the area as well as its relationship to municipal waste
treatment should be shown.
If industrial wastes account for water quality
problems in Section IV, then the industrial activity
characteristics should be in agreement with the information
provided in that section.
If the area designated is claimed on the basis of
preservation of high quality waters and industrial pollution
is no foreseeable threat, then the material in this section
can be omitted.
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INDUSTRIAL ACTIVITY
Primary metal and transportation remained the most important
manufacturing industries. However, substantial expansion be-
gan in certain durable goods industries in the middle and late
1950's. Particularly the manufacture of glass, rubber, electri-
cal machinery, fabricated metals and chemicals increased and is
now a significant factor in the local economy.
It is anticipated that the Metropolitan Region will continue
to experience a healthy rate of economic expansion through the
mid-1980's. Most of the area's future growth will probably be
concentrated in services, trade, government, and manufacturing.
The expected employment increases in these first three indus-
tries are in line with projections for the national economy.
The manufacturing sector is projected to continue expanding
rapidly in the area because of its present productivity advan-
tage, a strong locational position due to the increased use of
motor transportation, and the presence of a solid trade and
service base.
It is expected that the future economic growth in the four
outlying counties will exceed that of the urban center. In 1960
Aynor County employment accounted for over 76 percent of the
regional total. It is projected that by 1985 this share will
have fallen to about 71.5 percent. In short, although Aynor
County will continue to function as the nucleus of the regional
economy, some decentraliztion of economic activity is forseen
in the years ahead.
1970 DISTRIBUTION OF INDUSTRIAL ACTIVITY AND VALUE ADDED FOR SMSA
SIC MANUFACTURING TOTAL
CODE ACTIVITY EMPLOYEES
20 Food & Kindred 2,224
25 Furniture & Fixtures 2,437
26 Paper & Allied 481
27 Printing & Publishing 1,065
30 Rubber & Plastic 2,095
32 Stone, Clay & Glass 2,855
33 Primary Metals 29,234
34 Fabricated Metals 8,265
35 Machinery (except
electrical) 6,758
36 Electrical Equipment 12,875
37 Transportation Equip. 11,362
39 Misc. Manufacturing 1,583
TOTALS 81,325
% BY SIC
CLASSIFI-
CATION
.73
.99
.59
,30
.57
,51
35.94
10.16
2,
2,
1.
2.
3.
8.30
15.83
13.97
1.84
99.91
TOTAL NUMBER
OF ESTABLISH-
MENTS
33
17
4
61
26
46
50
127
81
21
18
73
VALUE ADDED BY
MANUFACTURERS
(IN MILLIONS)
$
23.3
NA
5.3
15.9
22.1
24.9
499.1
107'. 6
86.9
70.8
347.6
NA
576
1260.5
SOURCE: State Directory of Manufacturers, U.S. Census of Manufactureres.
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The criteria for wha
quality problem are, themselves
accompnaying chart illustrates
outline by grouping the critern
for water quality problems.
In order to qualify
water quality factors, the "
regulations must be one of i
control problem. Within each
additional factors that should
the complexity of the area
as a designated area on the basis of
cdmplex problem" as defined in the
mpairment of desired uses AND a complex
of these categories are several
be used as a guide in determining
by EPA as either (i) water co
quality limited segments (or s
or (ii) an area with a stated
protection of existing water c
has several other factors whic
chart and discussed under Secti
defined by
the chart.
groundwater
condi ti ons
The accompanying ch
water quality factors and the
area designations. Each of th
in the following subsections
subsections, that portion of
is repeated as a continuation
t constitutes a complex water
, complicated. Therefore, the
the water quality factors in the
a into a logical screening test
Impairment or preclusion of desired uses, is defined
ilrses with substanti al water
ubstantial groundwater pollution)
objective for preservation and
uality. The latter definition
h are shown
on IV B.
in the accompanying
The complexity of th
EPA as any three (o
One of those condi
r pollution problem
e water quality control program is
r more) of the conditions cited on
tions might be the existence of a
which is defined by additional
art illustrates all of the potential
groupings to be used in support of
e factors is discussed with examples
of Section IV. In each of these
the outline pertaining to the discussion
of Section IV.
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WATER QUALITY FACTORS
IMPAIRMENT OR PRECLUSION OF DESIRED USES
OR
SUBSTANTIAL WATER QUALITY LIMITED SEGMENTS (OR SUBSTANTIAL
GROUNDWATER POLLUTION)
^RESERVATION"^ SURFACE AND/OR GROUNDWATER QUALlTvT.l 1
I i
ftf
OR ~ mwm or aiiotmca wm&w
AND COMPLEXITY OF WATER QUALITY CONTROL PROGRAM
MUNICIPAL WASTE MANAGEMENT BY TWO OR MORE GOVERNMENTS
£ SUBSTANTIAL INDUSTRIAL POLLUTION PROBLEM
S-l
o
POPULATION GROWTH ABOVE NATIONAL AVERAGE- OR LARGE SEASONAL VARIATION
SUBSTANTIAL URBAN STORM DRAINAGE
SUBSTANTIAL NON-POINT SOURCE POLLUTION
'"GROUNDWATER POLLUTION...
~1
.
IS A
OR - «KIHIKmfAT£K
TO SUHfACf KftTSK
AND
I AND
1 - KKKEPIM, GOItTtftl *£TI
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,Xx"*>.
%V •* \jS&-
Quality U*i^*
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WATER QUALITY LIMITED SEGMENTS
The state has analyzed water quality in major streams
throughout the area proposed for 208 designation in preparation
of their (preliminary) 303(E) River Basin Plan for the Wilson
River. In addition, a Water Quality Report containing a more
detailed examination of the existing water quality throughout
Pane County was published by the Council of Governments in
these analyses, the status of water
streams in the area proposed for 208
in Table A and a stream classifica-
is contained.
January 1974. Based upon
quality for the important
designation is summarized
tion and priority ranking
TABLE A -- STREAM CLASSIFICATIONS
Classification
Basi s
Priori ty
Ranking
Stream Segment
Stream
Classificati on
1
George River
RM 0 to 20.7
Water Quality
Limited, Coli-
form, Tempera-
ture
Specific water
qua!ity problem.
Meet standards
for coliform and
temperature.
Mainstream
Wilson
RM 167.5 to 187
Water Quality
Limited, Coli-
form, Tempera-
ture .
Specific water
quality problem.
Meet standards
for coli form and
temperature.
Coast Fork
Wilson
RM 0 to 29.7
Water Quality
Limited Tempera-
ture.
Specific water
quality problem.
Meet standard for
temperature.
4 Middle Fork
Wilson
All
Water Quality
Limited, Non-
degradation .
Maintain nondegra-
dation of coliform,
temperature and
dissolved oxygen
at present levels.
Al
because of
water quali
source disc
pended soli
water quali
ting water
upon preven
stream qual
addition, s
for all mun
1 streams are classified as Water Quality Limiting
specific water quality problems. Where serious
ty problems are known to exist as a result of point
harges, biochemical oxygen demand (BOD) and sus-
ds load allocations have been imposed to improve
ty through point source control. Where the exis-i
quality is good, waste load allocations are based
ting degradation. In these cases the actual in-
ity is used as the basis for nondegradation. In
tringent effluent limits have been established
icipal discharges.
10
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To qualify for area designation based on preservation
and protection of high quality waters, three groups of condi-
tions should be met:
• The water resources which would be impaired are
so unique that it would be in the national interest
to preserve them; or the amount of water resources
which would be impaired are so great that it is
in the national interest to prevent impairment or
degradation.
• The institutional setting of the area is so complex
that an areawide approach is needed to coordinate
the efforts in the area; or the sources of pollu-
tion are so complex that only an areawide approach
can effectively consider the demands of water
quali ty.
§ The State has made an explicit statement adopting
preservation and protection of water quality as
a policy for the area; or the State has implicitly
adopted preservation and protection as a policy
for the area by establishing water quality para-
meters which are at the preservation level.
11
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PRESERVATION AND PROTECTION OF WATER QUALITY
The area's tidewaters present a unique natural resource
for the benefit of the nation. The tidewaters are the habitat
and spawning grounds for many species. A discussion of the tide-
water wildlife as well as the commercial implications of the
shellfish industry are presented in a recent State Tidewater
Management Plan. Continued urban-industrial growth in the area
presents a real threat to this resource. The Tidewater Management
Plan indicated the complexity of the area's problems, including
regional location amidst megalopolis, one of the highest growth
rates in the nation, primarily non-point source pollution problems,
The 208 process clearly offers the potential of a unified effort
to preserve the area's waters from any further degradation, plus
initiate the process of correcting the problems within the water
quality segment of the Monroe River.
The 208 process allows for an effective area-wide
effort to preserve the area's waters from further degradation
in accordance with Section 62.1-44.4 Control by State as to Water
Quality of the State Hater Control Law which states:
(1) No right to continue existing quality degradation in
any State water shall exist nor shall such right be
or be deemed to have been acquired by virtue of
past or future discharge of sewage, industrial waste
or other wastes or other action by any owner. The
right and control of the State in and over all State
waters is hereby expressly reserved and reaffirmed.
(2) Waters whose existing quality is better than the
established standards as of the date on which such
standards become effective will be maintained at
high quality; provided that the Board has the power
to authorize any project or development, which would
constitute a new or increased discharge or effluent
to high quality water, when it has been affirmatively
demonstrated that a change is justifiable to provide
necessary econonmic or social development; and provided,
further, that the necessary degree of waste treatment
to maintain high water quality will be required where
physically and economically feasible. Present and
anticipated use of such waters will be preserved and
protected.
12
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To qualify for area designation, the water quality
problems must be of a complex nature. Any three or more of
the following six conditions will attest to the complexity of
the problem:
• For municipalities that discharge their waste
within the area's waters, there are two or more
general or special purpose governments whose
wastes combine to influence the receiving waters.
• Current and projected growth for industries that
discharge their waste into the area's waters
present a substantial pollution problem even after
the application of effluent limitations.
• The growth rate for the entire area is above that
of the national average and results in a high popu-
lation density throughout the area. Preservation
areas shall be required only to have a high growth
rate or seasonal population influx and probable
population density which would create major environ-
mental problems within the next five years.
• The urban runoff problem severly impacts water
quality. Such runoff would have to be substantially
controlled, or in the absence of such control,
municipal and industrial waste water would have to
be treated to extremely high levels.
• Non-point sources of pollution contribute a sub-
stantial part of the area's water quality problem.
13
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EXAMPLE -,
MUNICIPAL VJASTE
Several municipal treatment facilities are located in
the County, and most of the effluent from these facilities
is discharged to a large body of water—the Ashford River. The
Humboldt Municipal Treatment Plant which services 95« of the
population of the County is currently upgrading and expanding
its facilities. Only one-'fifth of existing flow receives
secondary treatment. Providing treatment during high intensity
storms is difficult because of Hurnboldt's combined sewer system.
The Louisa City Treatment Plant is presently inadequate in degree
of treatment and capacity. The Jackson Treatment facility with
inadequate phosphate removal is probably causing a nutrient
problem in Spruce Lake.
A severe waste water problem facing the municipal
systems is excessive infiltration of storm water. In certain
areas of the County manholes overflow sanitary sewage during
moderate and intense storms. Large sources of extraneous
water centers around the manhole frame and cover and inflow
into defective joints in the system.
Degradation of stream quality also occurs due to the
failure of small "package" plant operators to achieve and
maintain required effluent chlorine residual. Several of
these privately owned facilities, generally operated by a school
system, country club or mobile home park, are located throughout
the County.
INDUSTRIAL UA5TE
The current industrial waste load allocation total
for the area proposed for 208 designation is about 16,112
pounds of BOD and 15,112 pounds of suspended solids per day.
By 1983, the recommended waste load allocation is reduced to
about 7,767 pounds of BOD and 7,767 pounds of suspended solids
per day for a decrease of approximately 52% in BOD approxi-
mately 51% in suspended solids discharged. To meet this
requirement, advanced waste treatment will be necessary for all
point source discharges. The 303(E) River Basin Plan projects
that the raw waste load from point sources within the area pro-
posed for 208 designation will increase approximately 50% by
1990.
Since the load allocation and treatment requirements
are established at finite levels, while the projected raw BOD and
suspended solids loads will increase with population and economic
growth, the stipulated load allocations will almost certainly be
exceeded unless the growth is regulated in a more systematic fashion
in the future. A significant portion of a 208 areawide study would
be devoted to devising alternative strategies for meeting the point
source load allocations. Factors to be studied would include the
required configuration of waste treatment facilities, land disposal
and other alternatives to surface discharge for both domestic and
industrial wastes, and land use controls related to protection
or improvement of water quality.
continued. . .
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POPULATION GROWTH
As indicated in Sections II and III the rate of
economic and population growth within the area proposed for 208
designation is expected to be rapid over the next 25 years. The
population within the proposed designation area is projected
to increase from 205,422 in 1970 to 349,600 by 2000; this is
equivalent to a 70% increase over the 30 year period, or a 2.1%
increase per year. Economic growth is expected to be similarly
rapid with employment totals increasing from approximately
80,325 in 1970 to 155,406 by the year 2000. This represents
an increase of 93.5% in total employment, or 31.2% by decade.
These rates of growth represent a continuation of historic trends,
a substantial in-migration of population, and continued develop-
ment of the area's economic base. These rates are well above
the national average.
The implication of this growth to water quality is
profound, and necessitates a more sophisticated approach to
sewerage planning than is possible by facilities plans according
to Section 201. Even with the use of advanced waste treatment
technologies, it is likely that the projected growth may force
water quality violations if it is not controlled in a more
appropriate manner in the future than it has been in the past.
The magnitude of both point and diffuse pollution
sources is expected to increase proportionately with increases
in population, economic activity, and agricultural activity in
the future. Specifically, the total raw waste load production
is expected to increase significantly due primarily to increases
in domestic wastes, food processing wastes, pulp and paper wastes,
urban storm runoff, and agricultural land runoff.
continued...
15
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URBAN STORM DRAINAGE
The State 303(E) River Basin Plan also projects the
waste loads due to urban storm runoff, and they are summarized
in Table I. The figures are based upon a 39-minute rainfall
with an intensity of 0.8 inches per hour since this is most
likely to occur during low stream flows, thus putting an
instantaneous, heavy waste load on the receiving streams.
During a low flow design storm, the BOD waste load attributed
to urban storm runoff within the area proposed for 208
designation is equivalent to 398.5% of the total daily waste
load allocation for municipal and industrial point sources
in 1972. In 1990, the BOD waste load projected for urban
storm runoff will be 1140.7% of the rural daily waste load
allocation for municipal and industrial point sources. It is
apparent that urban storm runoff can contribute a substantial
load of pollutants to area streams, and a portion of the 208
areawide study would be devoted to study of this problem and
development of strategies to control it.
NON POINT SOURCES
Although the State 303(E) River Basin Plan provides
waste load allocations and municipal waste discharge limits
to control only point source discharges, it also stipulates
that "the waste load from dispersed sources is considerable,
and it is evident that only through a prudent water management
program of action to control both point and dispersed sources,
can the damaging effect of water pollution be avoided. The
303(E) River Basin Plan includes estimates of waste loads for
such dispersed sources of pollution as agricultural land runoff,
forest land wastes, and stream bank erosion, and Tables F, G,
and H respectively summarize the waste loads attributed to
these sources. In addition, the 303(E) River Basin Plan indi-
cates that agricultural land runoff contains a raw waste load
of 120,000 pounds of BOD per day in 1972, which is fully 72.8%
of the total point source raw waste load. In 1990, the Plan pro-
jects that agricultural land runoff will account for a raw waste
load of 200,000 pounds of BOD per day, which is 80.7% of the
total point source raw waste load. The implication of the
increase in agricultural land runoff waste load from 120,000 of
BOD per day in 1972 to 200,000 pounds of BOD per day in 1990
on the State water quality program is great. If it is assumed
that non-point source waste production will remain untreated
and will not be controlled in the future, then nondegradation
or improvement of area streams cannot be achieved. A portion of
the 208 areawide study would be devoted to developing effective
land use and other controls to ensure that diffuse sources of
pollution are controlled and the waste loads from these sources
are decreased.
16
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mim Q*AUTY, FACTORS in THE AREA
A
'- 1«
To qualify for area designation based on groundwater
pollution, four conditions should be met:
9 Either the quality of the major source* of water
supply for the area is degraded to the extent that
its use has been impaired or precluded; or the
groundwater pollution can be shown to contribute
substantially to a surface water quality problem.
§ The nature of the problem is complex due to a
multiplicity of type, number, size, and extent of
sources or unique physiography of the area. Such
a problem would preclude conventional solutions
and would not be amenable through normal regulatory
control.
• Effective remedial action for the groundwater
problem can be taken within the limits of the
designated area.
• The area, with State concurrence, has defined
groundwater quality objectives.
Should the major source be a deeper acquifer sealed by an
impervious layer from groundwater percolation within the area,
pollution of the surface exposed acquifer would not constitute
a substantial groundwater problem.
17
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EXAMPLE
GROUNDWATER POLLUTION
Shallow groundwater aquifers have been used for
years as a significant water source for area residents.
However, withdrawals in recent years have exceeded recharge,
and water tables have been lowered. Urban growth and de-
velopment has created groundwater contamination resulting
from inadequately treated and untreated sewage discharges,
and from landfill operations in flood plains. A substan-
tial number of wells are too polluted for continued use.
The deep Clifton Forge aquifer underlies the area
adjacent to the Union Range at a depth of approximately
2000 feet below ground surface, and has been a source for
water for many years. The State Engineer's office was re-
cently given the authority to regulate withdrawals from
deep aquifers and studies are necessary to analyze this
resource in terms of depletion rates and pollution poten-
tial.
Groundwater is a large part of the area's pota-
ble water supply. It is known that some wells in different
parts of the region are no longer in use because of pollu-
tion from some source. Sewage treatment plant discharges,
trash dumps, and industrial discharges are accused, but not
well documented as causes.
In view of its present role in the area's water
supply, groundwater sources--al1uvial and deep aquifer--
should be adequately protected because the Region is in a
semi-arid area with an average annual rainfall of only 14
inches. Thus, any local source of water is a valuable one,
as diversions from the Sumter River Basin are increasingly
controversial and expensive.
A U.S. Geological Survey analysis showed that
126,980 acre feet of groundwater was used annually by area
water agencies in the 1959-1964 period. This amounted to
approximately 25% to 32% of the total requirement. The same
study projected that approximately 362,000 acre feet would
top out the annual usage about 1990. If the use of ground-
water is to triple by 1990, its quality must be protected.
In the area, ground and surface waters are closely
interrelated hydrologically. Pumping of shallow alluvial
wells could seriously diminish stream flows, which are
naturally low at all times. Many small streams and gulches
have flows only in snow or rain runoff situations.
The RCOG, in conjunction with the State Wa'ter
Resources Board, has determined that areawide control of
point and non-point sources of groundwater pollution will
contribute substantially to meeting the groundwater quality
objectives of the area. (Editor's Note: Where possible
the groundwater objectives should be stated such as the
protection of existing groundwater uses.)
18
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Eventual implementation of the plan depends upon
the consent of the governmental units that are required to
act in carrying out the plan. It is necessary that these
governments consent to the planning and implementation at
the outset. Information submitted for agency designation
must include all governmental agreements to the designation.
If an omission(s) of a unit of government exists, then it
must be shown that this omission(s) would not effect the
plan or its implementation.
Resolutions should be obtained from appropriate
units of local government. It is sufficient to submit a
list of such resolutions if they comply substantially with
the following example. If there are substantial changes
in the resolutions, then those changes must be submitted.
The actual resolutions must be available to the Administrator,
EPA, upon request.
Resolutions need not be required from all local
government units, but should be obtained from those major
units that are critical to the eventual implementation of
an areawide plan. If the attempt to obtain a resolution
is not successful, the Governor could choose to designate
the area without the expression of local intent provided
that a documented attempt at securing resolutions is
submitted with the designation materials.
19
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RESOLUTION INDICATING INTENT TO JOIN WITH OTHER GENERAL PURPOSE UNITS
OF LOCAL GOVERNMENT IN THE AREA TO DEVELOP AND IMPLE-
MENT A PLAN RESULTING IN A COORDINATED WASTE TREATMENT MANAGEMENT
SYSTEM FOR THE AREA
WHEREAS, pursuant to Section 208 of the Federal Water Pollution
Control Act Amendments of 1972, P.L. 92-500 (hereinafter called "the
Act"), the Administrator of the United States Environmental Protection
Agency has by regulation published guidelines for the identification
of those areas which, as a result of urban-industrial concentrations
or other factors, have substantial water quality control problems
(40 CFR Part 126); and
WHEREAS, the area (hereinafter called "the
Area") satisfies the criteria contained in the Act and guidelines and
designation of the area pursuant to section 208 and those guidelines
is desirable; and
WHEREAS, Section 126.10 of the guidelines requires, among other
things, that the affected general purpose units of local government
within the problem area must show their intent, through formally a-
dopted resolutions, to join together in the planning process to develop
and implement a plan which will result in a coordinated waste treat-
ment management system for the area; and
WHEREAS, such planning process and waste treatment management
system is a necessary and significant measure to control present point
and non-point sources of water pollution and to guide and regulate
future development and growth in the area which may affect water quality,
in order to prevent, abate and solve existing and potential substantial
water quality control problems;
NOW, THEREFORE, IT IS RESOLVED THAT the Township of ,
recognizing that the area has substantial water quality
control problems, supports designation of the Area pursuant to Section
208 and the EPA guidelines.
IT IS FURTHER RESOLVED THAT THE (city, county, town-
ship, etc.) intends to join with other affected general purpose units
of local government within the boundaries of the area to develop and
implement a plan which will result in a coordinated waste treatment
management system for the area.
IT IS FURTHER RESOLVED THAT, inasmuch as the (council
of governments, special district, etc.) is a single representative
organization with elected officials or their designees from local gov-
ernments and is capable of developing effective areawide waste treatment
management plans for the Area, the (city, county, town-
ship, etc.) supports the designation of said organization as the planning
agency for the Area.
IT IS FURTHER RESOLVED THAT all proposals for grants for contruction
of publicly owned treatment works within the boundaries of the designated
area will be consistent with the approved plan and will be made only by
the designated management agency or agencies.
Approved this day of , 19 .
20
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If an agency is designated, such as a council
of governments or regional planning agency, then its
charter should be submitted. This charter must include
the operation of a coordinated waste treatment management
system (i.e., powers to implement the plan). If the charter
does not include such a system, then resolutions must be
sought from local government units to show their intent to
join together to develop and implement a plan which will
result in a coordinated waste treatment management system
for the area.
21
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CHARTER AND AGREEMENT
MID WILLAMETTE VALLEY COUNCIL
OF GOVERNMENTS
This Charter and agreement is made and entered into this 10th
day of August 1971, by and between the undersigned governmental
bodies.
I CITATION
The Mid Willamette Valley of Oregon is faced with numerous
problems resulting- from rapid urbanization, problems of health, edu-
cation, safety, economics, transportation, recreation, culture, multi-
plicity of governments, coordination of people services, environmental
quality, community appearance and well being which will increase in
complexity and intensity as the population increases. In order that the
solution of these problems may be prepared or planned through a
rational democratic process, it is fitting that the affected government-
al units join together in voluntary cooperation, and for this purpose
they do make this Charter and Agreement.
II AUTHORITY
This Charter and Agreement is established under the authority of
the following Oregon Statutes:
ORS 190.010 which authorizes local governments to make agree-
ments for the performance of functions jointly or for one another.
ORS 190.030 which provides that any agency established under the
authority of ORS 190.010 is vested with all powers, rights, duties, and
functions therefore existing by law in separate agencies, pertaining
to functions and activities.
ORS 190.110 which authorizes public corporations, political sub-
divisions, and state agencies to cooperate.
ORS 190.210 and ORS 190.220 which assigns to the executive de-
partment of the State of Oregon the responsibility and authority for
maintaining- liaison with local governmental agencies which provide
services to state agencies and for participation in the development and
coordination of plans for activities and services which are supported or
utilized by state agencies and which are formulated by tax supported
governmental agencies.
Ill DEFINITIONS
1. "Charter and Agreement" shall mean the Charter and Agree-
ment of the Mid Willamette Valley Council of Governments by which
this document is titled.
2. "Council or "Council of Governments" shall mean the Mid
Willamette Valley Council of Governments established by this Charter
and Agreement.
1
22
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Information must be submi
detail to show that the Governor(s)
officials of general purpose local
public advice on the designation of
planning agency. The information s
include a record of public meeting
comments at these meetings. Actual
records must be kept and made avail
upon request.
tted to EPA in sufficient
or the chief elected
governments) have sought
the planning area and
ubmitted to EPA should
notices and a summary of
notices and meeting
able to the Administrator
MONROE REGIONAL COUNCIL OF GOVERNMENTS
1701 CLINTON AVE., SUITE 522
MONROE, ALABAMA
80210
JOHN DOE, EXECUTIVE DIRECTOR
(208) 552-3708
23
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EXAMPLE -
PUBLIC PARTICIPATION
On behalf of the Governor, and in coordination with
the State Planning Office and the State Water Quality Control
Division, the meeting was held to provide all units of local
government and the general public an opportunity to comment
on the area and agency designations described above.
At the regular meeting on May 15, 1974, the Council
of Governments authorized a Public Meeting for the above pur.-
pose. The meeting was scheduled, with a thirty-day notice,
on June 17, 1974, and a legal notice was published in the
Daily Post on May 17, 1974. A press release about the meet-
ing was sent to the media throughout the area on May 30, 1974.
In addition to publication of the legal notice in
the newspaper and the press release, copies of the public
meeting notice were sent on about June 5, 1974, to the
fol1 owing:
Members, Council of Governments Public Works Directors
(Elected Officials) Special Sanitation Districts
Chief Administrative Officers Environmental Organizations
(Municipalities and Counties) State and Federal Agencies
Citizens Advisory Committee Chambers of Commerce
Regional Planning Advisory League of Women Voters
Commi ttee
Water Resources Advisory
Committee
Mr. John Brown, of the COG staff, presented a
brief description of the Federal Water Pollution Control
Act Amendments of 1972 (PL 92-500), the factors respon-
sible for proposed designation, and how planning under
Section 208 would improve ability to control water quality
problems. Mr. Brown then asked for comments or statements.
Representatives of two organizations spoke, summarized as
fol1ows :
1. South Aime County Water and Sanitation District
The District is opposed to designation of COG
unless they can show how the District interest
would be served.
(a) Sanitation district representation on COG.
(b) Qualifications of COG to be the 208 program
Agency.
Note: The Council and staff will work with the District
to satisfy their concerns.
2. Metro League of Women Voters
The League believes that COG is the only agency
with an overall point of view, and supports its
designation under Section 208. Though realizing
the difficulty, perhaps Manor County, or a part
of it, should be included in the study (latter
comment in addition to printed statement).
24
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VHl* FACTORS F0K
Attt&oHt* far
8, SpagffU Authority for ifctfer
The information submitted to justify the desig-
nation of a planning agency must certify that the agency
has all the legal authority required for planning. It
must also certify that the designated agency has specific
authority with regard to water quality management planning.
The authority to conduct water quality management planning
must also include coordination with any other applicable
planning agencies conducting comprehensive planning, land
use planning, water and sewer planning, coastal zone
planning, and other planning activities in the area.
25
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AGENCY AUTHORITY
The Regional Council of Governments has all
legal authority required for planning in Howell , Brandon,
Selmer, Mason, and Stanton counties.
In addition to the aforementioned legal authority,
the Governor designated the RCOG as the agency to prepare
a water quality plan under Section 3(c) FWPCA (1965) in a
letter dated August 11, 1969.
Organized as a regional planning commission under
the laws of the State, the Regional Council of Governments
derives specific legal authority to engage in water quality
management planning from Chapter 106, Article 2, State
Revised Statutes, 1963. Section 5(3) of this Article desribes
the universe of activities which may be engaged in and in-
cluded in a regional master plan. Planning for sewage treat-
ment, sewers, and other related facilities required to main-
tain and improve water quality in the Region is clearly
authorized by these statutes. Other planning authority under
Chapter 106, Article 2, encompasses land use, air, water,
sanitation, drainage, solid waste, open space, parks and
recreation, highways, mass transportation, and airports, and
comprehensive planning covering these functions.
The Regional Council of Governments is the respon-
sible planning agency for State Planning Region No. 3. In
addition, the Council is certified as the comprehensive
planning agency for the Standard Metropolitan Statistical
Area. This certification is granted by the U.S. Department
of Housing and Urban Development for comprehensive planning,
sewer, water and open space planning.
Consistent with its enabling legislation, plans of
the Regional Council of Governments are advisory to the
municipalities and counties within its planning area. These
plans, however, may become binding on the affected cities
and counties by action of the governing bodies of these units
of general purpose government. If the governing bodies
specifically adopt a plan prepared by the Regional Council
of Governments, this plan becomes binding within the juris-
diction of the adopting community. This legal authority is
found in Chapter 106, Article 2, Section 5(2)(a) and (b),
State Revised Statutes, 1963.
Plan implementation is also achieved in other ways.
Affected units of local government operating within the
Standard Metropolitan Statistical Area have legal authority
to enter into agreements for activities such as planning and
implementation of facilities for coordinated wastewater manage'
ment. This authority is derived from Chapter 88, Article 2,
Section 3, State Revised Statutes, 1963.
26
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FACTORS
of
ft* ft*t»tlftrt*M» with Qtl*r ?1*p*?*f
Supporting information for the designation of the
planning agency must include:
« The membership of the agency's governing board,
identifying local elected officials or designees.
e The geographical jurisdiction of the agency
which must include all of the designated areas.
• The functional jurisdictions other than waste
water management planning (e.g., Transportation,
land planning, AQMA).
• Other projects of similar magnitude completed
and the status of implementation of such projects
» The relationship (both formal and informal) with
other planning agencies at various levels of
government and whose activities would affect or
be affected by the required planning work.
» The relationship (both formal and informal) with
management and regulatory agencies which would
be affected by various facets of such a plan
including zoning and facilities construction and
operation.
If an existing agency is being designated, such as
a council of governments or regional planning agency, then
the following information should be included:
i The agency's past record in water quality
management planning with special regard to
plan quality, technical, fiscal, political,
and economic feasibility and environmental
soundness, citing examples as appropriate.
• The agency's expertise, whether in-house or
readily available, with particular regard
to water quality and comprehensive planning,
citing any appropriate specific qualifications.
• The agency's fiscal, manpower, data, and other
resources available for the required planning
in light of existing and proposed commitments
in other areas or activities.
• The agency's capability for having the plan
implemented, citing specific examples upon
which such conclusions are based including
minimum personnel requirements.
27
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Designated Agency Description
1 . Membership of Governing Board
The Regional Council of Governments is an
organization whose membership is limited to local
general purpose governments within State Planning
Region 3. Membership on the Council is limited to
the mayor, city councilman, or a county commissioner
representing the member units of government. A list
of the Council of Governments' membership and their
representatives are contained in Attachment.
2. Geographical Jurisdiction
RCOG has regional planning jurisdiction over
the entire area of Hinton, Easley, Canton, and Princeton
Counties proposed for designation. In addition, it is
the recognized regional planning agency for the State
Planning and Management District No. 3, which encompasses
these five counties.
3. Functional Jurisdiction
Article III in the Articles of Association identify
the functions to be performed by RCOG, including plans
for land use, transportation, public works such as utilities
flood control works, water reservoirs, and pollution con-
trol facilities and recommendations for regulatory measures.
4. Other Projects
In 1972 the $300,000 two year Project REUSE was
completed, with plans for urban drainage and flood control
and solid waste. The Urban Drainage and Flood Control
District, which was a cooperating agency, is now
implementing its program based on Project REUSE recommen-
dations. A private firm is conducting a pilot program to
convert municipal and commercial solid waste to energy,
accompanied by separation and recycling of valuable materials.
If successful, the firm would take all such waste from the
area, effectively carrying out the major elements of Project
REUSE.
5. Relationship With Other Planning Agencies
In its role as the areawide planning agency for the
Metropolitan Area, the Council maintains effective working
relationships with the planning agencies of its member
jurisdictions and with the planning activities of various
state, federal and regional agencies. Specifically, within
the area of waste treatment management planning, the Council
of Governments regularly receives advice and recommendations
on the subject from its Water Resources Advisory Committee.
This committee is composed of individuals involved in
wastewater, runoff, water supply and other waste resource
28 continued..
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management activities in each of the Council's member
jurisdictions. Similarly, through it's Regional Planning
Advisory Committee, advice and recommendations are
received from the planning agencies of local government
on wastewater and the entire range of planning activities
of the Council.
6. Relationship with Management and Regulatory
Agencies
The Council of Governments also maintains working
relationships with the various management and regulatory
agencies that possess zoning and subdivision controls, as
well as those which construct and operate wastewater
facilities. Zoning and subdivision controls are excercised
primarily by the cities and counties which constitute the
membership of the Regional Council of Governments.
7. History of Water Quality Management Planning
With specific reference to wastewater management
planning, the Regional Council of Governments has a long
history of accomplishment in this area, as shown in Table
9 . As far back as 1956, the Council, then known as the
Inter-County Regional Planning Commission, undertook
studies designed to solve then existing metropolitan
sewage disposal problem. These early efforts were studies
conducted by the Commission and, later, cooperatively with
the Joint Sanitation Commission, which provided a basis
for the state legislation in 1960 enabling creation of
the Metropolitan Sewage Disposal District No. 1.
8. Agency Capability
COG has a professional staff of 37 persons, and
38 non-professionals. With regard to water quality planning
three professionals have responsibilities in this area,
principally to direct the activities of consultants. One
of these staff members has an M.S. degree in Water Resources
and did a major part of the recent Wasteload Allocation
Study, assisted by a consultant. The other staff members
have education and experience in economics, urban planning
and public administration. This staff would be increased
to add water resources personnel neeeded to carry out the
planning effort Under Section 208.
COG staff relies upon members of the Water
Resources Advisory Committee for professional advice
in wastewater and other water related matters, particularly
in A-95 reviews and wastewater Site Location Reviews for
the State.
continued.
29
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9. Agency Commitments
The agency has a long history of comprehensive
planning, including a wide range of functional elements.
RCOG is financially supported by annual dues from its
participating members, based upon an established formula.
This revenue is used for the agency's sustaining activities
and as matching funds for State and Federal grants. No
other activities or programs would preclude an active
water quality management planning program under Section
208. Instead, land use, storm runoff, open space, trans-
portation and water quality activities can complement one
another.
30
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The costs below
estimate the per capita
management plans
with discretion.
pending upon the
management problems,
already completed or
are furnished as a guide to
cost of the waste treatment
These figures should be applied
They may be raised or lowered de-
severity of the waste treatment
and on the amount of planning
funded by other sources. For
example, if the area has already received or is to
receive a Step 1 201 grant, the amount to be granted
under Section 208 should be reduced accordingly.
Similarly, if the area has recently received or is
to receive HUD 701 monies for land planning, the
208 grant should be reduced by the total amount
(i.e., HUD 701 plus local matching funds), to be
expended for land planning. Any upward change must
be fully and specifically justified.
POPULATION SIZE OF DESIGNATED AREA
100,000 - 250,000 - 500,000
250.000 500,000 750.000
750,000
201 Planning
Land Planning
Storm Drainage
Non-Point Source
Industrial Source
Management
1.50
0.80
0.55
0.30
0.10
0.20
1.15
0.65
0.40
0.25
0.10
0.20
0.70
0.40
0.25
0.15
0.10
0.20
0.40
0.25
0.15
0.10
0.10
0.20
Total Cost Per Capita
3.45
2.75
1 .80
1 .20
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APPENDIX A
1972 Federal Water Pollution Control Act Amendments (P.L. 92-500)
AREAWIDE WASTE TREATMENT MANAGEMENT
Section 208
a) For the purpose of encouraging and facilitating the development and
implementation of areawide waste treatment management plans-
(1) The Administrator, within ninety days after the date of enactment
of this Act and after consultation with appropriate Federal,
State, and local authorities, shall by regulation publish guide-
lines for the identification of those areas which, as a result
of urban-industrial concentrations of other factors, have sub-
stantial water quality control problems.
(2) The Governor of each State, within sixty days after publication
of the guidelines issued pursuant to paragraph (1) of this sub-
section, shall identify each area within the State which, as a
result of urban-industrial concentrations or other factors, has
substantial water quality control problems. Not later than one
hundred and twenty days following such identification and after
consultation with appropriate elected and other officials of
local governments having jurisdiction in such areas, the Governor
shall designate (A) the boundaries of each such area, and (B) a
single representative organization, including elected officials
from local governments or their designees, capable of developing
effective areawide waste treatment management plans for such area.
The Governor may in the same manner at any later time identify
any additional area (or modify an existing area) for which he
determines areawide waste treatment management to be appropriate,
designate the boundaries of such area, and designate an organiza-
tion capable of developing effective areawide waste treatment
management plans for such area.
(3) With respect to any area which, pursuant to the guidelines
published under paragraph (1) of this subsection, is located in
two or more States, the Governors of the respective States shall
consult and cooperate in carrying our the provisions of para-
graph (2), with a view toward designating the boundaries of the
interstate area having common water quality control problems and
for which areawide waste treatment management plans would be
most effective, and toward designating, within one hundred and
eighty days after publication of guidelines issued pursuant to
paragraph (1) if this subsection, of a single representative
organization capable of developing effective areawide waste
treatment management plans for such area.
(4) If a Governor does not act, either by designating or determining
not to make a designation under paragraph (2) of this subsection,
within the time required by such paragraph, or if, in the case of
an interstate area, the Governors of the States involved do not
designate a planning organization within the time required by
paragraph (3) of this subsection, the chief elected officials of
A-l
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local governments within an area may by agreement designate (A)
the boundaries for such an area, and (B) a single representative
organization including elected officials from such local govern-
ments, or their designees, capable of developing an areawide
waste treatment management plan for such area.
(5) Existing regional agencies may be designated under paragraphs (2),
(3), and (4) of this subsection.
(6) The State shall act as a planning agency for all portions of such
State which are not designated under paragraphs (2), (3), or (4)
of this subsection.
(7) Designations under this subsection shall be subject to the approval
of the Administrator.
b) (1) Not later than one year after the date of designation of any
organization under subsection (a) of this section such organization
shall have in operation a continuing areawide waste treatment man-
agement planning process consistent with section 201 of this Act.
Plans prepared in accordance with this process shall contain alter-
natives for waste treatment management, and be applicable to all
wastes generated within the area involved. The initial plan pre-
pared in accordance with such process shall be certified by the
Governor and submitted to the Administrator not later than two
years after the planning process is in operation.
(2) Any plan prepared under such process shall include, but not be
limited to-
(A) the identification of treatment works necessary to meet the
anticipated municipal and industrial waste treatment needs of
the area over a twenty-year period, annually updated (including
an analysis of alternative waste treatment systems), including
any requirements for the acquistion of land for treatment pur-
poses; the necessary waste water collection and urban storm
water runoff systems; and a program to provide the necessary
financial arrangements for the development of such treatment
works;
(B) the establishment of construction priorities for such treat-
ment works and time schedules for the initiation and completion
of all treatment works;
(C) the establishment of a regulatory program to-
(i) implement the waste treatment management requirements
of section 201(c),
(ii) regulate the location, modification, and construction of
any facilities within such area which may result in any
discharge in such area, and
A-2
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(ill) assure that any industrial or commercial wastes dis-
charged into any treatment works in such area meet
applicable pretreatment requirements;
(D) the identification of those agencies necessary to construct,
operate, and maintain all facilities required by the plan
and otherwise to carry out the plan;
(E) the identification of the measures necessary to carry out the
plan (including financing), the period of time necessary to
carry out the plan, the costs of carrying out the within such
time, and the economic, social, and environmental impact of
carrying out the plan within such time;
(F) a process to (i) identify, if appropriate, agriculturally and
silviculturally related nonpoint sources of pollution, includ-
ing runoff from manure disposal areas, and from land used for
livestock and crop production, and (ii) set forth procedures
and methods (including land use requirements) to control to
the extent feasible such sources;
(G) a process to (i) identify, if appropriate, mine-related sources
of pollution including new, current, and abandoned surface and
underground mine runoff, and (ii) set forth procedures and
methods (including land use requirements) to control to the
extent feasible such sources;
(H) a process to (i) identify construction activity related sources
of pollution, and (ii) set forth procedures and methods (includ-
ing land use requirements) to control to the extent feasible
such sources;
(I) a process to (i) identify, if appropriate, salt water intru-
sion into rivers, lakes, and estuaries resulting from reduction
of fresh water flow from any cause, including irrigation,
obstruction, ground water extraction, and diversion, and (ii)
set forth procedures and methods to control such intrusion to
the extent feasible where such procedures and methods are other-
wise a part of the waste treatment management plan;
(J) a process to control the disposition of all residual waste
generated in such area which could affect water quality; and
(K) a process to control the disposal of pollutants on land or in
subsurface excavations within such area to protect ground and
surface water quality.
(3) Areawide waste treatment management plans shall be certified annually
by the Governor or his designee (or Governors or their designees,
where more than one State is involved) as being consistent with
applicable basin plans and such areawide waste treatment management
plans shall be submitted to the Administrator for his approval.
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(4) Whenever the Governor of any State determines (and notifies the
Administrator) that consistency with a statewide regulatory pro-
gram under section 303 so requires, the requirements of clauses (F)
through (K) of paragraph (2) of this subsection shall be developed
and submitted by the Governor to the Administrator for application
to all regions within such State.
c) (1) The Governor of each State, in consultation with the planning agency
designated under subsection (a) of this section, at the time a plan
is submitted to the Administrator, shall designate one or more waste
treatment management agencies (which may be an existing or newly
created local, regional, or State agency or political subdivision)
for each area designated under subsection (a) of this section and
submit such designations to the Administrator.
(2) The Administrator shall accept any such designation, unless, within
120 days of such designation, he finds that the designated manage-
ment agency (or agencies) does not have adequate authority-
(A) to carry out appropriate portions of an areawide waste treat-
ment management plan developed under subsection (b) of this
section;
(B) to manage effectively waste treatment works and related facili-
ties serving such area in conformance with any plan required
by subsection (b) of this section;
(C) directly or by contract, to design and construct new works, and
to operate and maintain new and existing works as required by
any plan developed pursuant to subsection (b) of this section;
(D) to accept and utilize grants, or other funds from any source,
for waste treatment management purposes;
(E) to raise revenues, including the assessment of waste treatment
charges;
(F) to incur short-and long-term indebteness;
(G) to assure in implementation of an areawide waste treatment
management plan that each participating community pays its
proportionate share of treatment costs;
(H) to refuse to receive any waste from amy municipality or sub-
division thereof, which does not comply with any provisions of
an approved plan under this section applicable to such area; and
(I) to accept for treatment industrial wastes.
d) After a waste treatment management agency having the authority
required by subsection (c) has been designated under such subsection
for an area and a plan for such area has been approved under sub-
section (b) of this section, the Administrator shall not make any
grant for construction of a publicly owned treatment works under
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section 201(g)(l) within such area except to such designated agency
and for works in conformity with such plan.
e) No permit under section 402 of this Act shall be issued for any point
source which is in conflict with a plan approved pursuant to subsection
(b) of this section.
f) (1) The Administrator shall make grants to any agency designated under
subsection (a) of this section for payment of the reasonable costs
of developing and operating a continuing areawide waste treatment
management planning process under subsection (b) of this section.
(2) The amount granted to any agency under paragraph (1) of this subsection
shall be 100 per centum of the costs of developing and operating a
continuing areawide waste treatment management planning process under
subsection (b) of this section for each of the fiscal years ending
on June 30, 1973, June 30, 1974, and June 30, 1975, and shall not
exceed 75 per centum of such costs in each succeeding fiscal year.
(3) Each applicant for a grant under this subsection shall submit to the
Administrator for his approval each proposal for which a grant is
applied for under this subsection. The Administrator shall act upon
such proposal as soon as practicable after it has been submitted, and
his approval of that proposal shall be deemed a contractual obligation
of the United States for the payment of its contribution to such pro-
posal. There is authorized to be appropriated to carry out this
subsection not to exceed $50,000,000 for the fiscal year ending
June 30, 1973, not to exceed $100,000,000 for the fiscal year ending
June 30, 1974, and not to exceed $150,000,000 for the fiscal year
ending June 30, 1975.
(g) The Administrator is authorized, upon request of the Governor or the
designated planning agency, and without reimbursement, to consult
with, and provide technical assistance to, any agency designated
under subsection (a) of this section in the development of areawide
waste treatment management plans under subsection (b) of this section.
h) (1) The Secretary of the Army, acting through the Chief of Engineers, in
cooperation with the Administrator is authorized and directed, upon
request of the Governor of the designated planning organization, to
consult with, and provide technical assistance to, any agency designed
under subsection (a) of this section in developing and operating a
continuing areawide waste treatment management planning process under
subsection (b) of this section.
(2) There is authorized to be appropriated to the Secretary of the Army,
to carry out this subsection, not to exceed $50,000,000 per fiscal
year for the fiscal years ending June 30, 1973, and June 30, 1974.
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APPENDIX B
PART 126—AREAWIDE. WASTE TREAT-
MENT MANAGEMENT PLANNING AREAS
AND RESPONSIBLE PLANNING AGEN-
CIES
On May 30, 1973, notice was published
in the FEDERAL REGISTER, 38 FR 14230,
RULES AND REGULATIONS
that the Environmental Protection
Agency was proposing policies and pro-
cedures for the designation of areawide
waste treatment management pursuant
to section 208 (a) of the Federal Water
Pollution Control Act Amendments of
1972 (86 Stat. 816 (33 U.S.C. 1251, 1288
The regulations are designed to serve
as guides for the Governors of the States
and chief elected officials of general pur-
pose local government in identifying
areas which, as a result of urban-indus-
trial concentrations or other factors,
have substantial water quality control
problems which require an areawide ap-
proach in planning for and implementing
corrective action, and in designating
agencies capable of developing waste
treatment management plans for such
areas.
In view of the intent of the legislation,
the Environmental Protection Agency
believes that an areawide water quality
management program should be carried
out to gain the following objectives:
Provide cost effective, point source
treatment and control for areas of ur-
ban-industrial concentrations having
substantial water quality control prob-
lems.
Provide for control of nonpoint sources
in urban-industrial and other areas
where such controls are required includ-
ing prevention of water quality problems
in the future.
Provide for coordinated waste treat-
ment management in such areas.
Written comments on the proposed
rulemaking were invited and received
from interested parties. A number of ver-
bal comments also were received. The En-
vironmental Protection Agency has care-
fully considered all submitted comments.
All written comments are on file with the
Agency. Certain of these comments have
been adopted or substantially satisfied by
editorial change, deletions from, or addi-
tions to the regulations. These changes
are discussed below.
(a) A substantial water quality con-
trol problem was further defined to indi-
cate that the problem exists where water
quality has been degraded to the extent
that desired uses are impaired or pre-
cluded. The identification of water qual-
ity segments under 40 CFR Part 130 or
groundwater pollution problems are mea-
sures of the extent of the problem.
(b) The definition of local units of
government that may respond to indicate
intent to join together in the planning
process now includes both general pur-
pose and other appropriate units of local
government. (See § 126.10(c).)
(c) The criteria for designation of a
planning agency now includes the con-
sideration of an existing agency's cap-
ability for implementing the plan or hav-
ing the plan implemented. (See § 126-
(d) The requirements for the submis-
sion of information on 208 planning areas
and agencies have been revised to require
a statement relating the boundaries of
the area to the SMSA but not to require
conformance to SMSA boundaries. (See
§ 126.15.)
25681
(e) The Governor's right to nondesig-
nate in intrastate areas only is clarified.
(See § 126.16.)
(f) Where 208 planning area and
agency designations are made by local
public officials, the Governor's views on
these designations may be made to the
Administrator.
(g) The Administrator's approval or
disapproval actions of areas and agencies
will be published in the FEDERAL REGIS-
TER. (See § 126.17.)
(h) The requirements for public par-
ticipation as set forth in 40 CFR, Part
105 shall be followed.
Effective date.—September 14, 1973.
Because of the importance of promptly
making known to States, local units of
government and other interests the con-
tents of these regulations in order that
area and agency designations may be
made under section 208 (a) of the Act, the
Administrator finds good cause to declare
the regulations effective on September 14,
1973.
Dated September 4,1973.
JOHN QTIARLES,
Acting Administrator.
Subpart A—Scope and Purpose; Definitions
Sec.
126.1 Scope and Purpose.
126.2 Definitions.
Subpart B—Procedures for Designation of 208
Planning Areas and Agencies Responsible for
Planning
126.10 Criteria for determination of 208
planning areas.
126.11 Criteria for designation of agencies
responsible for planning.
126.12 Procedure for designation of intra-
state 208 planning areas and
agencies responsible for planning.
126.13 Procedure for designation of inter-
state 208 planning areas and
agencies responsible for planning.
126.14 Nondesignation of 208 planning areas
and/or agencies by Governor(s).
126.15 Submissions of 208 planning areas
and agencies responsible for plan-
ning.
126.16 Procedure for designation of 208
planning areas and agencies re-
sponsible for planning by the chief
elected officials of general purpose
local government.
126.17 Review of submissions.
126.18 Revisions.
Subpart C—State Planning in Nondesignated
Areas
126.20 Determination of planning agencies
in nondesignated areas.
Subpart D—Public Participation
126.30 Public participation requirements In
designation of 208 planning areas
and designation of agencies
responsible for planning.
Subpart E—Assistance to Designated Agencies
126.40 Determination of eligibility.
AUTHORITY.—Sec. 208 and 501, 86 Stat., 816,
(33 U.S.C. 1251, 1288(a) (1)).
Subpart A—Scope and Purpose; Definitions
§ 126.1 Scope and purpose.
This part establishes regulations
specifying procedural and other elements
and criteria for the use of State Gov-
ernors and chief elected officials of gen-
eral purpose local government In the
designation of the areas, including their
FEDERAL REGISTER, VOL 38, NO. 178—FRIDAY, SEPTEMBER 14, 1973
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25682
RULES AND REGULATIONS
boundaries, requiring areawide plan-
ning for waste treatment management
pursuant to section 208 of the Act and
designation of agencies responsible for
such planning. This part provides that
each State should comply with the re-
quirements of this Part not later than
180 days after the date of publication
of this part.
§ 126.2 Definitions.
As used in this part, the following
terms shall have the meanings set forth
below:
(a) The term "Act" means the Fed-
eral Water Pollution Control Act
Amendments of 1972 (86 Stat. 816 (33
U.S.C. 1251, 1288(a)(D).
(b) The term "EPA" means the U.S.
Environmental Protection Agency.
(c) The term "Administrator" means
the Administrator of the U.S. Environ-
mental Protection Agency.
(d) The term "208 planning areas"
means the area designated under section
208(a) (2), (3), or (4) of the Act.
Subpart B—Procedures for Designation of
208 Planning Areas and Agencies Re-
sponsible for Planning
§ 126.10 Criteria for determination of
208 planning areas.
The following criteria will be utilized
in designation of 208 planning areas.
(a) A Preference will be given by the
Administrator, in approving designation,
to areas of urban-industrial concentra-
tions, because of the Act's legislative
history and in view of the institutional
nature of urban-industrial concentra-
tions. For this purpose an urban-indus-
trial concentration is that portion of a
standard metropolitan statistical area
(SMSA—as denned by the Office of
Management and Budget), or those por-
tions of SMSA's, having substantial
concentrations of population and manu-
facturing production or other factors
which result in substantial water quality
control problems. The entire SMSA(s)
may be designated as the planning area.
Such areas may be increased to include
areas outside the SMSA(s) which have
substantial water quality control prob-
lems resu1 'ng from concentrations of
population and manufacturing activity
or other factors and which are con-
tiguous to the- SMSA(s);
(b) The area must have a substan-
tial water quality control problem. A
substantial water quality control prob-
lem shall be considered to exist only
where the complexity and nature of the
water quality control problem requires
an areawide waste treatment manage-
ment plan, and where water quality has
been degraded to the extent that de-
sired uses are impaired or precluded. A
measure of the extent of the problem
includes those areas where:
(DA substantial portion of the major
receiving waters available for waste dis-
charge from the area has been classified
by the State as a water quality segment,
after adequate analysis demonstrating
this classification, under the require-
ments of Part 130 of this chapter, or;
(2) A substantial and extensive
groundwater pollution problem exists; or
where the dependence of an area on
groundwater makes it essential that its
ground water resource be given the nec-
essary protection from pollution it re-
quires.
(c) The affected general purpose or
other appropriate units of local govern-
ment within the boundaries of the 208
planning area must:
(1) Have in operation a coordinated
waste treatment management system, or
(2) Show their intent, through for-
mally adopted resolutions, to join to-
gether to develop and implement a plan
which will result in a coordinated waste
treatment management system for the
area.
(d) Affected units of local government
must have legal authority to enter into
agreements for coordinated wastewater
management in compliance with section
208 of the Act.
§ 126.11 Criteria for designation of
agencies responsible for planning.
(a) The agency shall be a representa-
tive organization whose membership
shall include but need not be limited to
elected officials of local governments, or
their designees, having jurisdiction in the
designated planning area. The agency
shall establish procedures for plan adop-
tion and resolution of major issues. The
agency shall have waste treatment plan-
ning jurisdiction in the entire designated
area. Existing, capable regional agencies
may be designated consistent with the
policies in Title IV of the Intergovern-
mental Cooperation Act of 1968, as im-
plemented by Part IV of OMB Circular
A-95. A single qualified agency may be
designated as being responsible for plan-
ning in more than one planning area.
(b) In the selection of the areawide
planning agency, the Governor(s) must
consider that such agency, pursuant to
section 208(b) (1) of the Act, shall have
the water quality management planning
process fully underway no later than 1
year after its designation. Further, the
agency must have the capability to com-
plete, and shall complete, the initial
water quality management plan no later
than 2 years after the planning process
is in operation or such earlier date as the
State may require for incorporation into
State plans required under section 303
(e) of the Act. The Governor or, in inter-
state cases, the Governors, shall in the
designation process, consider:
(1) The general and specific legal au-
thorities and prohibitions applicable to
the agency with regard to water quality
management planning, including but not
limited to coordination with or participa-
tion in comprehensive planning, land use
planning, water sewer planning, coastal
zone planning, and other related plan-
ning and development activities and con-
trols.
(2) The relationship of the agency
(both formal and informal) with plan-
ning agencies of different levels of gov-
ernment including but not limited to
Federal, State, interstate and Federal-
State agencies as well as local govern-
ment agencies.
(3) The relationship of the agencv
(both formal and informal) with man-
agement and regulatory agencies such as
those that possess zoning and subdivision
controls, and those that construct and
operate wastewater facilities.
(4) Where an existing agency is des-
ignated :
(i) The agency's past record in water
quality management planning will., spe-
cial regard to plan quality, technical
fiscal, political, and economic feasibility.
and environmental soundness.
(ii) The agency's expertise, either.in-
house or readily available, with particu-
lar regard to water quality and compre-
hensive planning.
(iii) The agency's fiscal, manpower.
data, and other resources in light of
existing and proposed commitments in
other areas.
(iv) The agency's capability for hav-
ing the plan implemented, or of imple-
menting all or portions of the plan itself.
§ 126.12 Procedure for designation of
intrasJate 208 planning areas and
agencies responsible for planning.
The Governor of the State shall, after
proper consultation with appropriate
elected and other officials of local gov-
ernments having jurisdiction in such
area, and such State agencies as he may
desire, and having complied with the re-
quirements for public participation as
set forth in § 126.30 of this regulation,
designate the 208 planning area, includ-
ing its boundaries, and a single repre-
sentative agency to be responsible for the
planning. In designating such planning
areas and agencies, the Governor shall
consider the criteria set forth in
§§ 126.10 and 126.11.
§ 126.13 Procedure for designation of
interstate 208 planning areas and
agencies responsible for planning.
The Governors of the States shall, in
interstate areas, after consultation with
appropriate elected and other officials
of all local governments having jurisdic-
tion and with such State and interstate
agencies as they may desire, or may be
required by State legislation, and having
complied with the requirements for pub-
lic participation as set forth in § 126.30.
mutually designate each 208 planning
area including its boundaries, and for
each area a single representative agency
to be responsible for the planning. In
designating such planning areas and
agencies, the Governors shall consider
the criteria set forth in §§ 126.10 and
126.11.
§ 126.14 Nonde.signation of 208 plan-
ning areas and/or agenoie- b> (»»\-
ernor(s).
In certain intrastate areas the Go\ -
ernor may determine not to designate a
208 planning area even though the cri-
teria set forth in §§126.10 and 12611
may be met. Specific nondesignation of
a 208 planning area does not preclude
later designation by the Governor
FEDERAL REGISTER, VOL. 38, NO. 178—FRIDAY, SEPTEMBER 14, 1973
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RULES AND REGULATIONS
2568.°,
NOTE.—Attention is called to the fact that
the Governor has three specific choices of
action He may designate, remain silent, or
may nondesignate specific areas. If the Gov-
ernor remains silent, the chief elected of-
ficials of general purpose local government
in the area may make such designations
If they so choose Upon approval by the
Administrator, designation by local elected
officials Is binding upon the Governor.
§ 126.15 Submissions of 208 planning
areas and agencies responsible for
planning.
Within 180 days after issuance of
this Part the Governor shall notify the
Administrator of his actions regarding
designation of 208 planning areas and
agencies responsible for the planning.
This notification shall be in writing and
shall include:
(a) Identification of each area within
the State determined to be eligible by the
Governor under § 126.10.
(b> A list of all areas among those
eligible which the Governor wishes to
nondesignate at this time.
A list of all areas among those
eligible which the Governor wishes to
designate at this time. For each area
designated the following information
shall be provided :
< 1) An exact description of the bound-
aries of each area including a statement
relating to boundaries of any area to
the boundaries of the SMSA's) con-
tained within or contiguous to the area,
or in those areas not within a SMSA
a statement relating the boundaries of
the area to the nearest SMSA, and a
statement indicating:
(i) Population of the area,
Nature of the concentration and
distnbution of industrial activity in the
area,
(in) Degree to which it is anticipated
that the area could improve its ability
to control water quality problems were
it designated as a planning 208 area,
and
(iv) Factors responsible for designa-
tion.
(2) Identification and supporting
analysis of each water quality segment
included in each area, as developed in
accordance with Part 130 of this chapter.
(3) For each area a. copy of the char-
ter of existing regional waste treatment
management agencies or formally
adopted resolutions which demonstrate
that the general purpose units of local
government involved will join together
in the planning process to develop and
implement a plan which will result in
a coordinated waste treatment manage-
ment system for the area. The resolutions
shall also state that all proposals for
grants for construction of a publicly
owned treatment works will be consistent
with the approved plan and will be made
only by the designated management
agency.
(4) For each area the name, address,
and official contact for the agency des-
ignated to carry out the planning.
(5) A statement on the factors con-
sidered in agency designation as de-
scribed in § 126.11.
(6) A summary of public participa-
tion in accordance with the requirements
set forth in § 126.30.
§ 126.16 Procedure for designation of
208 planning areas and agencies re-
sponsible for planning by the chief
elected officials of general purpose
local government.
(a) In the case of any mtrastate area,
if the Governor of an affected area does
not act to designate or nondesignate it
as a 208 planning area, or in an inter-
state area if the Governors of an affected
area do not act to designate it as a 208
planning area, the chief elected officials
of general purpose local governments
having jurisdiction in the area, after
meeting the requirements for public
participation as set forth in § 126.30,
may designate such planning area, and
a single representative agency responsi-
ble for the planning, which shall be based
upon the criteria set forth in §§ 126.10
and 126.11.
(b) After making such designation,
the chief local officials shall: (1) Notify
the Governor! s) of the State's) af-
fected by their action, and (2) submit
their designation to the Administrator
in accordance with the requirements set
forth in 5 126.15 When the Governor
receives notification he may submit his
views regarding the designation to the
Administrator.
§ 126.17
<>f
(a) The Administrator shall review
each submission of designated 208 plan-
ning areas and agencies to determine
compliance with the criteria set forth
in this Part.
( b ) Upon completion of his review, the
Administrator shall publish notice in
the FEDERAL REGISTER and shall notify
in writing the appropriate Governor(s)
or local officials making such designa-
tions of his approval or disapproval of
each designation In the event that the
Administiator disapproves any of the
designations, he shall specify his rea-
sons with his notice of disapproval.
§ 126.18 Ke\ision-.
(a> The appropiiate Governor! s) or
local officials (where the original desig-
nation was not made by the Governor's)
may from time to time propose in writing
a revision of the boundaries of any 208
planning area previously approved. The
Administrator shall approve or disap-
prove such proposed revision pursuant to
§ 126.17 The effective date of designation
is the date oi the Administrator's
approval
(b) The Governor! s> may also desig-
nate from time to time previously non-
designated planning areas and agencies
In such cases the designation, submission.
and approval shall follow the require-
ments set forth in this Part.
Subpart C — State Planning in
Nondesignated Areas
§ 126.2(1 Determination of planning
agencies in iiondrsignatcd areas.
( a ) The State shall act as the planning
agency for all areas not designated under
§§ 126.12, 126.13, or 126.16. Where the
Governor determines, pursuant to section
208(b) (4) of the Act, that the require-
ments of section 208(b)(2> (F through
K) should be applied on a statewide
basis, the State may apply the planning
process established pursuant to section
303 of the Act as the process for carrying
out the requirements of the sections.
Funds which may be available under sec-
tion 106 of the Act may be utilized to
conduct planning pursuant to this sec-
tion.
(b) Assumption by the State of the
planning responsibilities in these areas
does not foreclose the establishment of
other planning processes at the substate
level.
Subpart D—Public Participation
§ 126.30 Public participation require-
ments in designation of 208 planning
areas and designation of agencies re-
sponsible for planning.
(a) The guidelines for public partici-
pation as set forth in Part 105 of this
chapter implementing section 101 (e) of
the Act shall be followed.
,
(g). and of the Act shall be provided
only to those agencies designated under
§ 126.12. 126.13, or 126.16.
|FB Doc 73-19294 Filed 9-13-74,8 45 ami
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