United States
Environmental Protection
Agency
Office of
Water Program Operations
How to Obtain
Federal Grants
to Build
Municipal Wastewater
Treatment Works
                          MCD-04

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                             NOTE

To order this publication, MCD-04, "How To Obtain Federal Grants
To Build Municipal Wastewater Treatment Works".
write to:

     General Services Administration (8 FFS)
     Centralized Mailing List Services
     Bldg. 41, Denver Federal Center
     Denver, CO  80225

Please indicate the MCD number and title of publication.
                       Acknowledgement


  1 he Handbook was prepared by the Municipal Construction Division*
 Water Program Operations, Office of Water and Hazardous Materials.
   The basic organization of the Handbook and the initial drafts of the
 text  materials were prepared, under contract,  by  Ecol Sciences  Inc.,
 Vienna, Virginia, under the direction of Albert T. Bowyer. The reviewing
 and editing of the Handbook, to validate its accuracy and ensure that it
 properly and effectively conveyed current Agency policy, were performed
 by the Construction Grants Handbook Review  Committee comprised of
 Stuart Peterson, Region I; Richard Salkie, Region H;  George Collins,
 Region IV; Ronald Ritter, Region VII: Harold P. CahilK Jack Washburn,
 Albert Pelmoter, Royal Thayer and Evelyn Thornton, Headquarters, and
 Thomas  Ferry, EPA (retired).  Albert L.  Pelmoter, Chief,  Policy and
 Procedural Guidance  Staff, Construction Operations Branch, Municipal
 Construction Division, served as project manager for the development of
 the Handbook.

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                          Foreword
 1 he community which applies for construction  grant funds is partici-
pating in the massive program of water pollution  control and abatement
to which this Nation committed  itself with the passage  of  the  Federal
Water Pollution Control Act of 1972 (Public Law 92-500). This legis-
lation, however wide-ranging, has as its central  theme the importance
of cooperation  among local, State and Federal  agencies charged with
the responsibility for restoring and preserving the  quality of our Nation's
waters. In building and operating sewage  treatment facilities, localities
are fulfilling their responsibility under the Act.
  In providing Federal funds for the construction of certain treatment
facilities, the Act requires that the parties  to this undertaking follow a
series of steps  designed to insure that the best possible project results
from the time,  effort and money expended.
  This handbook has been prepared to assist municipal officials  in this
effort.  It contains  a summary of the requirements of the Construction
Grants  Program and the responsibilities  that each participant bears,
omitting much  of  the detail. For that  reason,  applicants are urged to
establish and maintain ongoing contacts with their consultants and the
State  and Federal agencies  administering  water  pollution control pro-
grams. The greater the involvement in and understanding of the grant
process, the greater the chances of success.
                                John T. Rhett
                                Deputy Assistant Administrator
                                for Water Program Operations

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                                Contents

                                                                    Page

      Foreword                                                       '
      Contents                                                       "
      Introduction                                                    v
      Flow Chart                                                ,     vl
      Appendix                                                       31


                            PART I. SUMMARY

      1.0 Preapplication Information                                  1
           1.1   Applicant Eligibility                                  1
           1.2   Types of Projects                                     1
           1.3   Priority List                                          1
           1.4   Three Step Construction Grant Process                  1
           1.5   State Water Quality Management Plan                  1
           1.6   Areawide Waste Treatment Management Plan           2
           1.7   Facility Planning                                     2
           1.8   Municipal NPDES Permits                             2
           1.9   Clearinghouse(s)                                     2
           1.10  Preapplication Conference                             2

      2.0  Step  1 Application                                        2
           2.1    Plan of Study                                         3
           2.2   Clearinghouse Comments                              3
           2.3   Application,  EPA Form 5700-32                       3
           2.4   Selection of Professional Engineer                       3

       3.0  Step 1  Facility Plan                                        3
            3.1   Effluent Limitations                                   4
            3.2   Existing and Future Situations                          4
            3.3   Alternatives                                           4
            3.4   Infiltration/Inflow (I/I) Analysis                       4
            3.5   Sewer System Evaluation Survey                        4
            3.6   Environmental Assessment                             4
            3.7   Public Input                                         4
            3.8   Historical and Archaeological Investigations             4
            3.9   Selected Alternative                                   4
            3.10  Service Agreements                                   4

       4.0  Step  2  Application                                        5
            4.1   Facility Plan                                         5
            4.2   Application, EPA Form 5700-32                       5
            4.3   Selection of  Professional Engineer                       5
            4.4   User Charges                                          5
            4.5   Industrial Cost Recovery                                6
            4.6   Sewei I Tse Ordinance                                   6
            4.7   Civil Rights  Act of 1964                                6
            4.8   The Uniform Relocation and Land Acquisition
                    Policies Act of 1970                                 6
U           4.9   Service Agreements                                    6

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 5.0  Step 2 Plans, Specifications and Estimates                     6
      5.1    Project Design                                       6
      5.2    Project Specifications                                 7
      5.3    Project Cost Estimates                                7
      5.4    Continuing Work                                     7

 6.0  Step 3 Application                                         7
      6.1    Application, EPA Form 5700-32                      7
      6.2    Plans, Specifications and Estimates                     8
      6.3    Selection of Professional Engineer                      8
      6.4    Assurances                                          8
      6.5    Payment Schedule                                    8

 7.0  Step. 3 Construction                                       8
      7.1    Advertising for Bids                                  8
      7.2    Receipt and Review of Bids                           9
      7.3    Changes in Grant Amount                             9
      7.4    Protests                                             9
      7.5    Award of Construction Contracts                       9
      7.6    Preconstruction Conference                           9
      7.7    Change Orders                                       9
      7.8    On-Site Inspections                                   9
      7.9   Grants Payments                                     9
      7,10 Audits                                               9

        PART  II. EXPLANATION OF  SUMMARY ITEMS     10

 8.0  Preapplication Information                                  10
      8.1   Applicant Eligibility                                  10
      8.2   Types of Projects                                     10
      8.3    Priority List                                          10
      8.4   Three Step Process                                    11
      8.5    State Water Quality Management Plan                  11
      8.6   Areawide Waste Treatment Management Plan           11
      8.7   Facility Planning                                     11
      8.8    Municipal NPDES Permits                             12
      8.9    Clearinghouse(s)                                     12

 9.0  Step 1 Application                                         13
      9.1    Plan of Study                                         13
      9.2   Application, EPA Form 5700-32                       13
      9.3   Selection of Professional Engineer                      13

10.0  Step 1 Facility Plan                                       14
      10.1  Effluent Limitations                                   14
      10.2  Alternatives                                          14
      10.3  Infiltration/Inflow (I/I) Analysis                       15
      10.4  Sewer System Evaluation Survey         .              15
      10.5  Environmental Assessment                             16
      10.6 Public Input                                          16
      10.7  Historical and Archaeological Investigations             17
      10.8 Selected Alternative                                   17
      10.9 Service Agreements                                   17       ill

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      11.0  Step 2 Application                                         18
            11.1  User Charges                                         18
            11.2  Industrial Cost Recovery                               18
            11.3  Sewer Use Ordinance                                  19
            11.4  The Uniform Relocation and Land Acquisition
                    Policies Act of 1970                                 19

      12.0  Step 2 Plans, Specifications and Estimates                   19
            12.1  Project Specifications                                  19
                  12.1.1   Contract Documents                           20
                  12.1.2   Supplemental General Provisions                20
                            of Specifications
                  12.1.3   Equal Employment Opportunity                 20
                  12.1.4   Davis Bacon Act                              20
                  12.1,5   Flood Disaster Protection Act of 1973            21
                  12.1.6   Bonding/Insurance                            21
                  12.1.7   Technical Provisions of Specifications            21
            12.2  Plan of Operation                                     22

      13.0  Step 3 Application                                         23
            13.1  Payment Schedule                                     23

      14.0  Step 3 Construction                                        23
            14.1  Advertising for Bids                                   23
            14.2  Receipt and Review of Bids                             23
            14.3  Changes in Grant Amount                              24
            14.4  Protests                                              24
            14.5  Award of Construction Contracts                        24
            14.6  Preconstruction Conference                             25
            14.7  Change Orders                                        25
            14.8  On-Site Inspection                                     25
            14.9  Grant Payments                                       26
            14.10 Audits                                               27

      15.0  Other Program  Elements                                   27
            15.1  Allowable and Unallowable Costs                       27
            15.2  Cost Effectiveness                                     28
            15.3  Force Account                                        28

       16.0  References                                                 29
             16.1  P.L. 92-500—Federal Water Pollution Control
                     Act Amendments of 1972                            29
             16.2 Code of Federal  Regulations                           29
             16.3  Other Publications                                    29
             16.4 Program Guidance Memoranda                        30
iv

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                        Introduction
       handbook was written  to give public officials a  little help in
 understanding  the  "in's and out's", the  "do's  and don'ts" and  the
 "what if's" involved in carrying out the  Construction Grants Program.
 Municipal officials  obviously have  many  on-going  responsibilities over
 and above constructing a sewage treatment facility  to keep them busy.
 Therefore, EPA has summarized the many regulations, guidelines, tech-
 nical bulletins and  policy statements which govern  the program in  this
 relatively short and, we hope, useful handbook.
  Although municipalities  will retain a competent  consultant to assist
 them with program details, the ultimate responsibility for project under-
 takings lies with the  municipal official. The construction  of  a sewage
 treatment facility is a community enterprise and, while the professionals
 can do the work, it is the community which benefits and,  of course,
 pays. Representatives of that community therefore  need  to know some
 of the "basics" involved in  the program so that the greatest benefits  will
 derive from the money spent.
   This handbook will  provide some of these "basics" so  that municipal
 officials can be more than "sidewalk superintendents". With it, they  will
 be able to ask the questions  which will help to insure that the professionals
 are doing the job they are  paid to do and to assure themselves that the
 documents necessary  for grant awards are started and completed with
 a minimum loss of time and effort.
  The first section  of  the handbook is a summary  of items  which  the
applicant must  know, do or arrange to be done.  Most of these entries
 are followed by  a reference number which calls attention  to a more  de-
 tailed discussion of the topic in the second section.  The  items are pre-
sented in chronological order, starting at Step 1 and continuing through
final payment and audit of the project.
  The handbook does not  cover every situation nor  reference  every
pertinent regulation. It does, however, give responsible municipal officials
the background needed to become personally involved and to insure that
their  project moves freely  through the grant process.

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Part I:   A brief  summary  of  information  needed by local
          officials to obtain a construction grant from the En-
          vironmental Protection Agency to build  wastewater
          treatment faculties

1.0  PREAPPLICATION INFORMATION
NOTE: The following are items  of general information which need to
to be understood before applying for a grant.
                                                              Ref.
1.1  Applicant Eligibility	   8.1
  To be eligible for Federal assistance the applicant must be  a  public
body created under State law and must have the legal authority for the
disposal of sewage, industrial wastes or other wastes. The applicant must
also have authority to plan, design, finance, construct, operate and main-
tain sewage treatment works.

1.2  Types of Projects	   8.2
  The following types of projects are eligible for assistance under P.L.
92-500 and are entitled to an EPA grant equal to 75% of the allowable
project costs.
  a.  Sewage Treatment Plants—new, expanded, upgraded;  must pro-
vide at least secondary treatment.
  b.  Interceptor Sewers—new or rehabilitated.
  c.  Sewage Collection Systems—new,  expanded or rehabilitated, in-
cluding pumping stations: the community must have been in existence
before October 18,  1972.
  d.  Combined Sewer  Overflow  Control Systems—reducing, storing,
treating, separating or disposing of wastewaters from combined storm and
sanitary sewer systems.

1.3  Priority  List 	   8.3
  Annually, each State is allotted a specific sum of money for construc-
tion  grants. Projects are ranked in priority order by the States, on the
basis of specific criteria, to  determine which will receive these funds. An
applicant's project must be on the State priority list to qualify for a grant.

1.4  Three  Step Construction Grant Process	   8.4
  The construction grants process provides for projects in three  steps, as
follows:
  Step 1—A project to perform Preliminary Planning and Engineering
          ("Facility Plan")
  Step 2—A project to prepare Detailed  Plans and Specifications
  Step 3—A project for Construction of Facilities.

1.5  State Water Quality  Management  Plan	   8.5
  Sometimes referred to as basin 303 (e)  plans, these studies are carried
out by the States to determine the level of treatment required for every
sewage treatment plant within each river drainage basin in the  State.

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                                                              Ref.
1.6 Areavvide Waste Treament Management Plan	  8.6
  Sometimes referred to as 208 plans, these studies are undertaken both
for designated areas—usually urban or metropolitan  areas which  have
particularly bad water pollution problems—as well as for non-designated
areas. Where these studies are completed, all projects  must conform
with the study recommendations.  If the studies are not completed, the
local or  State 208 agency must  have an  opportunity to comment on
proposed sewage treatment projects in its area.

1.7  Facility Planning  	  8.7
  Also known as 201 plans, these studies, prepared by the grantee, are
the first step (Step  1) in the construction grant process. They investigate
the specific  requirements of a  planning  area defined  by the  State,
identify the  water  pollution problem, evaluate alternatives and  recom-
mend a solution. Public participation in the decision  making process is
required through public hearings.

1.8  Municipal NPDES Permits 	  8.8
  Permits are issued by the States or EPA for existing or new waste
discharges under the National Pollution Discharge Elimination  System
(NPDES).  Meeting the treatment and time requirements specified in
the permit frequently prompts a municipality to apply for a construction
grant.

1.9  Clearinghouse(s)  	   8.9
  The  Federal  Office of Management and  Budget  (OMB)  Circular
A-95, requires that all  projects being financed in whole or in part with
Federal funds be reviewed by a central State and/or regional clearing-
house.

1.10 Preapplication  Conference  	N/A
  To make certain that applicants clearly  understand the requirements
they must meet to obtain construction prants, a preapplication conference
is held. At this conference, the roles of the consultant, the State and the
EPA in  the grant process  are explained.  Most  preapplication  confer-
ences are conducted  by the State; therefore, applicants  should  contact
their State agency  as soon as possible to arrange for  one.  (A listing of
State Offices appears in the Appendix.)
  As noted, the grant  process for building sewage treatment facilities
has three steps. The first step, which is very involved, will be discussed
in considerable detail at the conference. Requirements pertaining to  a
Step 1  project grant are summarized below.

2.0  STEP 1 APPLICATION     	

NOTE: To apply for a Step 1 grant, the following items must be sub-
mitted to the State agency. Application  forms and  kits are available
from the State and are usually furnished at the  preapplication  confer-
ences.

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                                                               Ref.
 2.1 Plan of Study	   9.1
   A brief description is given of the scope of work to be undertaken in
 planning the project, including problem areas and issues to be resolved.
 Also, itemized costs of preparation must be shown and a work schedule
 must be included.

 2.2 Clearinghouse Comments	   8.9
   Comments concerning the proposed project are to be obtained from
 the State and/or Regional Clearinghouse in accordance with paragraphs
 1.9 above and 8.9 below.

 2.3 Application, EPA Form  5700-32	   9.2
   Instructions for completing the application are printed  on the form.
 Part II-Section B, site information, is not required for  a Step 1 grant.
 Part V, Assurances,  should be read carefully. A resolution authorizing
 the official representative (Mayor, Councilman, etc.) to act  on behalf
 of the applicant must be included with the submission.

 2.4 Selection of Professional  Engineer	   9.3
  Copies of proposed contracts, or an explanation of how contracts for
 professional services  will be awarded, must  be  submitted to EPA  for
 review.

 NOTE: The application and accompanying documents must be reviewed
 and approved by  both the State agency and EPA. DO NOT proceed
 with any work on  the project until approval to  do  so is received from
 EPA. No payment may  be made for work undertaken without EPA
 approval. Applicants will be notified in writing when a grant is approved
 and instructions will be provided as to procedures for accepting the grant
 and executing the  Grant Agreement  (EPA Form 5700-20).  The exe-
 cuted Grant Agreement constitutes a contractual obligation between  the
 Federal government and  the grantee.
  Each Federally assisted project is  subject to audit; therefore, it is
 important that accurate financial records be kept. These records must
 clearly identify all costs pertaining to the EPA  grant assisted project,
 must cover all funds received and disbursed, must  distinguish between
 allowable and nonallowable project costs, and must be made available
 to EPA upon request.
  Similarly, engineering consultants are required to maintain accurate
 records identifying project costs claimed for Federal participation.


3.0  STEP 1: FACILITY  PLAN

 NOTE: After receiving a Step  1 grant, the grantee  begins to prepare a
 facility plan as prescribed in the  taw and Federal regulations.  Helpful
 booklets entitled Guidance For Preparing A Facility Plan, May 1975, and
 Model Facility Plan For A Small Community, September 1975,   are
 available from the State  or EPA. Key elements of the plan  are listed
 below.                         	

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                                                              Ref.
3.1 Effluent Limitations	10.1
   The State or EPA establishes the level of treatment necessary for each
project and designates the type  and quantity of pollutants which may
be discharged.

3.2 Existing and Future Situations	N/A
   The plan must describe the existing planning/service area and forecast
what the area will be like in the future.

3.3 Alternatives   	10.2
   Once the size and scope of the water pollution problem is defined, the
plan must show the various solutions to the problem with an evaluation
of each alternative.

3.4 Infiltration/Inflow (I/I) Analysis	10.3
  For  projects with existing sewers, the plan must show the amounts of
groundwater  (infiltration)  or stormwater (inflow)  leaking into the
sewer system and how much of this leakage can be eliminated economi-
cally.

3.5 Sewer System Evaluation  Survey	10.4
  In those cases where the infiltration/inflow analysis indicates excessive
sewer  leakage, investigations  need to  be  carried  out to  locate the
specific leaks and to estimate the  cost of correction.

3.6 Environmental Assessment	10.5
  As a part of the facility plan, each alternative must be evaluated  from
an  environmental  standpoint.  The environmental  impact  is weighed
along with the  engineering, cost, social and economic impacts of  each
alternative. Where conflicts exist, reasonable trade-offs are made.

3.7 Public  Input	10.6
  At least one official public hearing must be held to obtain the public's
view of the proposed project. When  necessary, accommodating revisions
to the proposed project are made.

3.8 Historical and Archaeological Investigations	10.7
  Federal and State laws require  the protection of valuable historic and
archaeological sites. Each State has a State Historic Preservation Officer
(SHPO) who will assist in defining the limits of any historical or archaeo-
logical investigations required.

3.9  Selected  Alternative 	10.8
  After all the above factors are considered, one plan is selected and
described in detail.

3.10 Service Agreements  	10.9
  Where more than one municipality is to be served by the project,  it
will be necessary for  the lead municipality to negotiate service agree-

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                                                              Ref.
ments. Achieving agreement may be time consuming;  therefore,  such
action should be initiated as early as possible. Service agreements  must
be drafted prior to the approval of  the facility plan and be completed
before a Step 2 grant may be awarded.

NOTE: The completed facility plan is submitted to the Regional and/or
State clearinghouse(s) for comments. If negative comments are received,
an explanation  must be  given as to how the conflicts will  be  resolved.
The completed  facility plan and clearinghouse comments (and explana-
tion if needed) are submitted to the State agency and to  EPA. DO NOT
undertake additional project work until instructions to do so are received
from EPA.
  Grantees will be notified  in writing of facility plan approval and will
be given instructions for applying for a Step 2 grant.
  Payments for work  completed under the grant are to be requested,
using EPA Form 2550-16, in  accordance with the payment  schedule
in the Grant Agreement. (See 14.9)
4.0  STEP 2  APPLICATION

NOTE: The following items are necessary to apply for a Step 2 grant
and are to be submitted to the State agency.
4.1  Facility Plan	   8.7
  An approved facility plan, as described under Step  1, is required as a
part of the Step 2 application.  If it has already been approved by EPA,
only a copy of the approval letter need be submitted.

4.2  Application, EPA Form 5700-32	   9.2
  Each  item should  be completed in  accordance  with  instructions.  Of
particular importance is the need to clearly explain  the source of the
local  share of project costs  (general taxes,  sewer revenue funds, etc.).
A copy  of the resolution authorizing the official representative  (Mayor,
Councilman, etc.) to act on behalf of the applicant and a statement
regarding availability of the proposed site, when applicable, must be
attached.

4.3  Selection of Professional Engineer	   9.3
  Copies of proposed contracts, or an explanation of  how contracts for
professional services will be awarded, must be included.

4.4  User  Charges  	11.1
  Grantees are required to develop a user charge  system, applicable to
all users, covering operation and maintenance  costs of the treatment
works. The charges must be sufficient to allow the treatment works to be
operated self-sufficiently.
  Applicants are  also  required  to  submit  a statement or  resolution
indicating that a user charge system will be developed in accordance with
EPA regulations.

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                                                                     Ref.
       4.5 Industrial Cost Recovery	11.2
          Industries served by the proposed project must pay their share of the
       capital cost of construction  funded by EPA.  Also, each  industry con-
       tributing 10% or more of the sewage must submit a letter  stating that it
       will comply with the  industrial cost recovery  system developed for the
       project and indicating its expected  period of use of the facilities.

       4.6 Sewer Use Ordinance	11.3
          A copy of existing sewer use ordinances, or a letter of intent that such
       ordinances will be enacted,  must  be  included. The  ordinances must
       require that new connections be properly designed and constructed and
       be free from storm water flow.

       4.7 Civil Rights Act of 1964	N/A
          EPA Form 4700-1, Assurance of Compliance, and EPA Form 4700-4,
       Compliance Report, are to be completed.

       4.8 The Uniform Relocation and Land Acquisition
            Policies Act of 1970	11.4
          If the  project will require  the acquisition of  private property or the
       displacement of persons, a statement or resolution indicating compliance
       with this Act must be submitted.

       4.9 Service  Agreements   	10.9
          Service agreements  must  be  drafted prior  to the  approval  of  the
       facility plan and be completed before a Step 2 grant may be awarded.

       NOTE: The application and accompanying documents must be reviewed
       and approved by both the State agency  and  EPA.  DO NOT  proceed
       with any work on the project until instructions to do so are received
       from EPA. Grantees will be notified in writing when a grant is approved
       and instructions will be provided as  to procedures for accepting the grant
       and executing  the Grant Agreement (EPA Form 5700-20).	


       5.0 STEP 2: Plans, Specifications and Estimates

       NOTE: A Step 2 grant is awarded to enable the applicant  to design his
       project and otherwise ready  it (plans,  specifications and estimates) for
       bidding. Predesign  conferences may be required by the State or EPA.
       At these conferences the responsibilities of each party will be discussed
       as well as the administrative and technical requirements of the project.
          The following is a  list of  technical  and administrative items to be
       considered during this phase of the project.     	


       5.1 Project Design	N/A
         The project,  in addition to being designed in accordance with sound
       engineering  practice,  must take into  account  those engineering and
       environmental  measures recommended in the approved  facility  plan.
       Also, incompatible industrial wastes may not be introduced  into the
6      municipal system but  must be pretreated  by the industry.  Accordingly,

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                                                              Ref.
the design may not contemplate the handling of such wastes.
   Projects with  estimated costs in excess of $10,000,000, excluding the
cost of sewers, must be subjected to a value engineering (VE) analysis.

5.2  Project  Specifications	12.1
  The project  specifications must comply with all Federal requirements.
Provisions which must  be included in all specifications are furnished by
the State or EPA in a  preprinted form. Generally, the consulting engi-
neer will be familiar with these provisions.

5.3  Project  Cost Estimates		12.1
  The consultant is to prepare detailed construction cost estimates based
upon the scope of  work as  reflected in the project plans and specifica-
tions. This estimate is used to  judge  the reasonableness  of  the  bids
received.

5.4  Continuing Work	N/A
  While the following  items need not  be  completed  until the construc-
tion  (Step 3) phase of the project is underway, work on them during the
design phase should be maintained to insure their timely completion.
   a. Plan of  Operation 	 12.2
   A plan for  the  efficient  operation and maintenance  of  the facilities
must be. developed.
   b. User Charge and Industrial Cost Recovery Systems	 H.l
   These systems may be complex and require substantial time to com-
plete.

NOTE: Completed plans, specifications and estimates must be submitted
to the State for review and approval prior to being sent to EPA. DO
NOT  undertake additional project work or advertise  for bids until
instructions to do  so are received from EPA.
   Grantees will be notified  in writing of plan and specification approval
and  will be given instructions for applying for a Step 3 grant.
   Payments for work completed under the grant are to be requested
(using EPA  Form 2550-16) in accordance with  the payment schedule
in the Grant Agreement. 	_^	


6.0  STEP  3 APPLICATION

NOTE: The following items are required for a Step 3 grant and are to
be submitted to the State agency.
6.1  Application, EPA Form 5700-32	   9.2
  Each item should be completed in accordance with instructions. For
Step 3 projects,  the site information  required in Part II-Section  B of
the application form is necessary. Also, the source and method of fund-
ing the local share of project costs  should be clearly explained. A copy
of the resolution authorizing the official representative (Mayor, Council-
man, etc.) to act on behalf of the applicant must be included.

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                                                                     Ref.
       6.2 Plans, Specifications and Estimates	12.0
          Approved plans,  specifications and  estimates suitable  for bidding, as
       described under Step 2,  must be included. If the plans, specifications
       and estimates  have previously been  approved by  EPA, submit only
       a copy of the approval letter.

       6.3 Selection of  Professional Engineer	   9.3
          Copies of proposed  contracts, or explanation of how contracts  for
       professional services will  be awarded, must be included.

       6.4 Assurances   	N/A
          In addition to the assurances contained in Part V of the  application,
       additional assurances as  described below are necessary  when  applying
       for a Step 3 grant.  Some of the assurances may not be  applicable to a
       particular project.
          a. Flood Disaster Protection Act of 1973	  12.1.5
          For projects  which include structures  to be located in a flood hazard
       area delineated by the  Department of Housing and Urban Development,
       grantees must participate in the flood insurance program.
          b. Sewer  Use Ordinance 	11.3
          A copy of existing sewer use ordinances, or a letter assuring that such
       ordinances will  be enacted,  must be  included. The  ordinances  must
       require new connections to be free from storm water flows.
          c. Plan of Operation Schedule  	12.2
          A schedule for readying the facility for operation (staffing,  training,
       purchase of chemicals,  etc.), must be included.
          d. Sewer System  Rehabilitation Scheduling	10.3
          If the sewers leak excessively and it was  determined that  the leakage
       can be  corrected by rehabilitating  the sewers, a construction  schedule
       for the rehabilitation work must be included.

       6.5 Payment Schedule	13.1
          A realistic grant payment schedule is to be submitted with  the applica-
       tion.

       NOTE: The application and accompanying documents must  be  reviewed
       and approved by both the  State and EPA. DO NOT advertise for bids
       nor proceed with any additional project  work until instructions to  do so
       are received from EPA.  Grantees will be notified in writing of a  grant
       offer and instructions will be provided for acceptance of the grant and
       execution of the Grant Agreement (EPA "Form 5700-20).	

       7.0 STEP 3  CONSTRUCTION	
       NOTE: The primary activity  of the Step 3 phase is the construction of
       the approved project. To  insure that the project is properly constructed,
       financed, operated and maintained, will involve the grantee in numerous
       activities. Important among them are the following:	

       7.1 Advertising for Bids	14.1
8         Only after receiving the Step 3 award may grantees advertise  for bids.

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                                                             Ref.
 7.2 Receipt and Review of Bids	14.2
   Grantees  must receive,  review  and  tabulate  the  bids and submit
 copies of bid material and recommendations for award to EPA (through
 the State where required) for approval.  DO NOT award contracts prior
 to receipt of authorization to do so from EPA.

 7.3 Changes in Grant Amount	14.3
   Depending on the price of the lowest acceptable bid, the  grant may
 need to be increased or decreased.  The State must approve and certify
 all grant increases before they may be considered by EPA.

 7.4 Protests   	14.4
   If any contractor or equipment supplier lodges a protest against the
 bidding procedures,  grantees must attempt to  resolve  the protest using
 advice from  their legal counsel.  Also,  grantees must notify the State
 and EPA of each  protest and how it was resolved.

 7.5  Award of Construction Contracts	14.5
   After the bids  have  been reviewed and approved by the State and
 EPA and after having received authorization to do so from EPA, con-
 struction contracts may be awarded.

 7.6  Preconstruction Conference	14.6
   A preconstruction conference  may be  held  to discuss the responsi-
 bilities of all participants, including the grantee,  the grantee's consultant,
 the contractors, the State and EPA.

 7.7  Change Orders	14.7
   During  construction it  may be necessary  to modify  the  project.
 Changes to the construction contract are generally made by  the use of
 change orders which must be approved by the State and EPA.

 7.8  On-Site Inspections	14.8
   The State or EPA will periodically make on-site inspections to moni-
 tor construction procedures  and to review project related documents.

 7.9  Grant  Payments	14.9
   Grant payments may be made in accordance with the payment sched-
 ule contained in  the grant  agreement. However, payments may not
 exceed 50%, %Q% or 90%  of  the grant amount until certain program
 requirements are  fulfilled. These  include the development  of a system
 of user charges, an industrial cost recovery system, a plan of operation,
 etc.

7.10 Audits	14.10
  Records and documents of the project must be maintained  as they
are subject to an  audit  by EPA to substantiate project expenditures.

NOTE: Other program elements are covered in  15.0 and 16.0.

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           Part  II:   Explanation of items summarized in Part I

       8.0  PREAPPLICATION INFORMATION

       8.1  Applicant  Eligibility
         An eligible applicant is:  "a city, town, borough, county, parish, dis-
       trict,  association, or  other  public  body (including an  intermunicipal
       agency of two or  more of the foregoing entities) created by or pursuant
       to State law, or an Indian tribe or an authorized Indian tribal organiza-
       tion, having jurisdiction over disposal of sewage,  industrial  wastes, or
       other wastes, or a designated and approved management  agency under
       Section 208 of the Act." This definition excludes a special district, such
       as a school district, which does not have as  one of its principal responsi-
       bilities the treatment, transport,  or disposal of liquid wastes.

       8.2  Types of Projects
         The types of projects eligible for a 75%  Federal grant include sewage
       treatment plants, interceptor and outfall sewers,  trunk and  collection
       sewers, and overflow control facilities for combined sewer systems. It is
       the policy of EPA and the States to consider the construction of  treat-
       ment facilities and needed interceptor sewers as  more urgent  than the
       other types of projects.
         To be eligible for a Federal grant, the project  must have as its prin-
       cipal purpose the treatment of domestic  wastes from an entire com-
       munity or region. Therefore, treatment  facilities for power plants,  air-
       ports, mass transportation or drinking water  plants are not eligible for
       a grant under P.L. 92-500.

       8.3  Priority  List
         Each year each State is apportioned a sum of  money (allotment or
       allocation) for construction grants.  Grants from these  funds are  made
       directly by  EPA  for  those  projects which the State determines  are
       entitled to priority for  a grant over other  eligible projects in the  State.
       The State system of determining priority of projects must give considera-
       tion to:
         a. the severity of pollution problems;
         b. the existing population affected;
         c. the need for preservation of high quality waters;
         d. national priorities;
         e. any additional factors considered pertinent by the State.
         Each project which is to receive a grant  must be certified by the State
       as entitled to priority for such  grant over other projects in  the  State.
       Only projects so certified by the State may receive a construction grant.
         States may  reserve up to 10% of their  alloted funds  for Step  1  and
       Step 2 projects which are  found to be highly important to  the State's
       program but which did not appear on the  priority list.
         States will  provide  interested persons with information concerning
       their priority  systems as well as details on the ranking  of  particular
       projects. Priority lists must be subject to a  public hearing at which time
       communities,  concerned with the funding  of a project,  may make their
       interests known.
10

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8.4 Three Step Process
  Public Law 92-500 provides for the funding of projects in three steps,
namely:
  Step 1—Planning and Preliminary Design
  Step 2—Plans, Specifications and Estimates
  Step 3—Construction
  Federal grants are available for each of these types of projects. How-
ever, the award  of a grant for one step does not commit EPA to fund
subsequent steps.
  For projects on which work was started prior to June 30, 1975 without
an EPA  grant, the  applicant should contact the State agency or  EPA
to determine the extent to which the  work may be eligible for grant
funds.

8.5  State Water Quality Management Plan
  The  law requires all States  to prepare  water quality management
(river basin) plans for the  waters within the State. The basin planning
process may establish the water quality standards to be achieved for each
water body within the river  basin.  One result of these studies is the
classification  of streams  or  rivers into  "water quality  limited"  or
"effluent limited" segments.
  On "effluent  limited" stream segments,  all sewage treatment works
must provide a minimum of secondary treatment (approximately  85%
pollution removal).  On "water quality limited"  stream segments,  all
treatment works must provide a still higher degree of treatment in order
to meet water quality standards.
  It is the State's responsibility to prepare the basin plans and advise
each applicant of the level of treatment (effluent limitation)  required.
Sewage treatment works constructed with Federal funds  must comply
with this requirement.

8.6  Areawide Waste Treatment  Management  Plan
  Areawide  waste treatment management plans  (often. referred to as
208 plans) are prepared for areas having  more serious pollution prob-
lems. Generally  these  are urban-industrial  areas and are designated for
study by the Governor.
  Plans prepared under section 208 of the law not only study the pollu-
tion discharges from sewage  treatment facilities but also the pollution
caused by rainfall runoff and other sources. These plans examine alterna-
tives for solving or controlling all forms  of water pollution  and may
recommend broad based control  measures beyond the construction of
sewage treatment plants.
  EPA may give grants to planning agencies to carry out these studies.
The completed plans will designate one or more agencies  to implement
its recommendations.  Since only  those agencies designated  in the plan
are eligible for a construction grant, prospective applicants should first
determine, by contacting the State agency,  whether their proposed proj-
ect is located in an areawide waste treatment management planning area.

8.7  Facility  Planning
  Preparation  of a  facility plan is the  first step of the three part con-
struction grants  process. Through the plan, specific recommendations      11

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12
        for the treatment plant site, size, type of process, method of effluent and
        sludge disposal, interceptor sewer routing and other steps necessary for
        constructing the project are developed.
          Ideally, the State water quality management plan  (item  8.5 above)
        establishes the level of treatment necessary for each  sewage treatment
        facility, the areawide waste treatment management plan (item 8.6 above)
        designates the facility planning  area, and the  implementing agency
        prepares a facility plan to develop a  specific project which is cost  effec-
        tive  and environmentally sound.  The State agency will  designate  the
        boundaries of the facility planning area in cases  where they have  not
        been designated by areawide waste treatment management plans. When
        the boundaries encompass more than one political jurisdiction, service
        agreements or other contractual arrangements may be necessary between
        jurisdictions. Negotiations must begin early to assure  the timely  com-
        pletion of the project.
          Cases will arise in which facility planning areas and areawide  waste
        treatment management  planning  areas overlap. Coordination and  co-
        operation are essential to avoid duplication.
          Many areawide waste management  plans are in the development stage.
        The  preparation  of facility plans rhould not  await the completion of
        such plans,  but 208 planning  agencies should have the opportunity to
        comment on facility plans.
          Later items in this handbook describe specific topics of a facility plan
        in more detail. Further information is provided in the  EPA publication,
        Guidance For Preparing  A Facility Plan,  Revised—May,  1975,  and;
        Model Facility Plan for a Small  Community—September, 1975.

       8.8  Municipal  NPDES Permits
         P.L. 92-500 established the National Pollution Discharge Elimination
       System (NPDES)  as the enforcement mechanism for  achieving water
       quality standards.  The NPDES permits issued under the  system are
       applicable to all municipal discharges and the municipalities must  com-
        ply with  their provisions. Where basin, areawide waste management or
        faclity plans have been established, the permits will require compliance
       with such plans.
         The NPDES permit may contain limitations, conditions or schedules
        which will require the municipality >to undertake  the construction of a
       wastewater treatment facility.

        8.9  Clearinghouse(s)
          Applicants for construction  grants  for wastewater treatment facilities
        are required to  comply with  the Office of Management and  Budget
        (OMB) Project Notification and Review System (Circular A-95). This
        system is established to provide for early contact between applicants and
        governmental agencies  and to  insure coordination   between  related
        projects.
          Prior to submission of a Step 1  grant application, and after the  com-
        pletion of a draft  facility  plan, applicants are required to obtain  com-
        ments from the State and/or Regional clearinghouse (s). The applicant
        is to include copies of these comments with the application package. If
        the comments are adverse, the applicant is to submit a statement explain-
        ing how the comments were considered.

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9.0  STEP 1  APPLICATION

9.1  Plan  of Study
  A plan of study outlines the work to be done in preparing a facility
plan. It should be brief and  generally follow  the format suggested in
the  "Model  Plan of  Study,"  a  supplement  to  the  Guidance  For
Preparing A  Facility Plan. Unique features of the project which will
require special attention, such as  water-short areas, recreational areas,
economically depressed areas, etc., should be addressed.
  The plan of study is reviewed by both the State and EPA to insure
compliance with municipal permit  conditions, previously approved water
quality management plans, interstate agreements and  other applicable
requirements.
  Once approved, the plan of study is incorporated into the grant agree-
ment along with a schedule for the completion of the specific  tas.ks and
itemized costs for each of these tasks. From the schedule of  tasks and
costs, a payment schedule is developed and made  part  of the Grant
Agreement.

9.2 Application, EPA Form  5700-32
  The application form contains instructions for  its  preparation and
assurances with which the applicant must comply. The application must
be accompanied by a formal resolution of the governing body designat-
ing, by  name and title  (Mayor, City Manager, City  Clerk, etc.), the
authorized  representative to act in  behalf of that body  in all  matters
related to the grant process. This  person must be an official of the
governmental unit rather than the consulting engineer  or other profes-
sional consultant. The resolution should specifically authorize the repre-
sentative to make application, submit other documentation as required,
accept the grant offer and act for the governing body in all grant related
matters. In the  event that the  representative is replaced, a resolution
naming the new representative must be submitted.

9.3 Selection  of Professional Engineer
  The most  common contracts (subagreements) are  the  engineering
contracts between the municipality and the consulting engineer. Detailed
requirements and procedures for obtaining professional services are
presented in 40 CFR 35.936 and 35.937 published December 17, 1975 in
the Federal Register.
  Essentially the regulations require that the  need  for architectural/
engineering (A/E) services be advertised so that qualified  firms may
offer their services. (This does not  apply to communities under 25,000
population.)  At least three firms  which display acceptable professional
qualifications to do the  work are  requested to submit  proposals for the
project. Proposals may or may not include costs for professional services.
Professional  fees are negotiated so that the  professional  receives a fair
and reasonable  profit and  the municipality  obtains competent  services
at a fair cost.
  A cost review is to be conducted by the  applicant with costs  being
presented to EPA in a prescribed form. Additional cost breakdowns may
be required by EPA for a particular project to establish  reasonableness
of the costs.                                                             13

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         If the applicant is satisfied with the services of the firm selected to do
       the Step  1  or Step 2 work,  the  same firm may be used for additional
       work, providing the firm has the capability and resources  to cany out
       such work  on schedule and a fair fee can be negotiated. Likewise, the
       grantee may terminate the A/E  contract if the contractor  fails to
       perform.
           Various types of contracts are acceptable but cost-plus-percentage-
       of-cost and the percentage-of-constraction-cost types  of contracts are
       prohibited.  Generally, separate fee negotiations should  be conducted for
       each Step 1, Step 2 and Step 3 grant.
         Grantees must  show evidence of making "positive  efforts" to allow
       small businesses and minority owned businesses  to compete for  sub-
       agreements and contracts.
         In cases  where subagreements for professional services predate the
       implementation of the procurement regulations,  the  transition  policy
       as described in Appendix D of the regulations (12/17/75),  will be used.
       All work initiated after 6/30/75, in order for it to be  eligible for grant
       funds, must be  approved in advance by EPA.
         It is recommended that applicants contact  the State agency  or EPA
       before executing contracts if there  are any questions to be resolved.
       10.0 STEP  1 FACILITY PLAN

       10.1 Effluent Limitations
         The degree of treatment which  must be provided  by a particular
       treatment plant is dictated by the effluent limitations. The effluent limita-
       tions are established by the State (or, in some cases, by EPA through
       the NPDES permit). The effluent limitations may require that the plant
       discharge not over 20 milligrams per liter (mg/1) of biochemical oxygen
       demand  (BOD), 12 mg/1 of suspended solids (SS),  and a dissolved
       oxygen of 5.0 mg/1. If the sewage  entering the  treatment plant has a
       BOD of 200 mg/1 and SS of 240 mg/1, the grantee would be required to
       provide 90% BOD removal, 95% SS removal and the addition of oxygen
       to the effluent before discharge. The effluent limitations will vary accord-
       ing to the nature of the receiving waters and would also  be different if
       the effluent  were to  be used to recharge the groundwater or to be dis-
       posed of on land. The effluent limitations determine the type  of treat-
       ment works and the operational efficiency required and- are, therefore,
       of considerable importance.

       10.2 Alternatives
         An important aspect of a facility plan is the investigation and evalu-
       ation of various alternative solutions to the water pollution problems.
       In the case of sewage  treatment plants these alternatives  will include
       an evaluation of the existing facilities.  This evaluation will determine
       whether the operation of  the  existing plant can be improved enough
       to provide the required level of treatment, thus precluding the need for
       new construction. If this is not practicable, alternatives such as  size,
       location,  type of  process,  phasing  of construction, rehabilitation, etc.
       should be considered.
14       Best practical waste treatment technology  (BPWTT) must be taken

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 into  consideration and includes, as a minimum,  an evaluation  of  the
 following three waste treatment management techniques.
   a.  biological or physical-chemical treatment and discharge  to  receiv-
      ing waters,
   b.  treatment and reuse,
   c.  land application techniques.
   For sewers, alternates (including  size,  type  and routings)  must be
 considered.
   Initially the most feasible alternatives  are  identified and, through a
 preliminary screening  process,  the  best alternatives  are selected.  These
 alternatives are then  evaluated on the  basis of  engineering,  environ-
 mental, cost, and  ability-to-be-implemented considerations. This process
 results in the selection of the most cost effective  solution. A "no-action"
 alternative must also  be  considered. The entire process of evaluating
 these alternatives  must be explained and  described in the  facility plan.

 10.3 Infiltration/Inflow  (I/I) Analysis
   For projects which have existing sewers, it is necessary to prepare an
 infiltration/inflow (I/I)  analysis  as a part  of the facility  plan.  In-
 filtration is groundwater which leaks into the sewers, whereas inflow is
 storm water which enters the sewers. The distinction  is made between
 the two types of flows because  infiltration is  more constant depending
 on the groundwater level, while inflow is more  of a  peaking phenomenon
 related to  above ground precipitation. Inflow occurs at distinct  points
 and may therefore be  economical to correct. Infiltration is more gen-
 erally distributed  (if one joint in an old pipe has deteriorated and is
 leaking, other  joints in the same  reach  of pipe may  also be leaking)
 and may be quite costly to correct.
   The I/I analysis must quantify the infiltration  and inflow  and esti-
 mate  how much it would cost to remove part or all of  the I/I  from the
 system.  Also,  the cost of transporting and treating the I/I  must  be
 estimated and  the most economical combination between  I/I  removal
 or treatment must be determined.  Since infiltration and inflow take  up
 valuable  capacity  in the sewer pipes, pumping  stations and treatment
 plants, it  is generally  economical  to remove  some  of these  excessive
 flows. Therefore, in  the I/I analysis, a preliminary determination must
 be made  of the amount of excessive I/I to be  removed and the amount
 to remain in the system. The amount of I/I which  may be economically
 removed is designated  "excessive." An  alternate  approach would  be
 to determine possible  excess infiltration  and proceed  with treatment
 plant  design based on assumed elimination of inflow and nominal infiltra-
 tion of  1000 gallons per  day per inch of pipe diameter  per  mile  of
 sewer.
  If the amount of excessive I/I is great, it will be  necessary to  more
accurately  estimate the cost of removal by performing a  sewer system
evaluation  survey. DO NOT proceed with  a  sewer system evaluation
survey until receiving authorization to do so from EPA.

 10.4  Sewer  System  Evaluation Survey
  An  evaluation survey is the second step in the sewer system evalua-
tion and is conducted  only if the infiltration/inflow analysis concludes
that excessive  infiltration/inflow exists.  Grant funds for conducting a     15

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        sewer system  evaluation  survey may be  obtained  by  requesting an
        increase in the Step 1 grant.
          Cost of rehabilitation  of sewers is  eligible for grant  participation.
        However, some  States, due  to  allotment  constraints  and  other  high
        priority  needs, do not certify sewer system  rehabilitation projects for
        grants.
          Sewer System  Evaluation is the subject of an EPA Guidance booklet
        dated March.  1974.  Generally,  the evaluation survey consists of some
        or all of the following:
          a. a physical survey of the system;
          b. smoke bomb, air pressure testing or rainfall simulation by flooding
             sections of storm sewers;
          c. selected sewer system cleaning;
          d. visual (e.g., television) inspection of selected sewer sections;
          e. the preparation of a report of needed rehabilitation of the sewers.
          Generally, grantees would  not inspect the  entire sewer system using
        TV cameras. TV inspection is very expensive and must  be justified to
        obtain Federal funding.
          The evaluation  survey will identify specific  sections  of  the  sewer
        system which  are  to be  rehabilitated--grouted,  sealed, lined, replaced
        or otherwise repaired. Rehabilitation carried  out under contract is sub-
        ject to  the same  requirements as other  construction  contracts  or
        subagreements.

        10.5 Environmental Assessment
          The National  Environmental  Policy Act of 1969 (NEPA) requires
        all Federal agencies to prepare environmental impact statements  (EIS)
        for  projects which have  significant adverse environmental  effects  or
        environmental impacts  which are likely  to  be  highly  controversial.
        Therefore, to allow EPA to decide if an EIS is to be prepared, grantees
        are  required to  prepare an environmental  assessment (EA), as  a part
        of  the facility plan, which includes  an environmental  inventory, an
        evaluation of  the  alternatives and  proposed  mitigative measures. The
        EA is similar  in content to an EIS and is required for  all projects.
          If,  after reviewing the completed facility  plan  (which contains the
        environmental assessment), EPA decides that the proposed project does
        not warrant the preparation of an environmental impact statement, EPA
        will issue  a "negative declaration" and appropriate public notices. Oh
        the  other  hand,  if EPA decides that an EIS is warranted, a "notice of
        intent" will be issued and made  public. EPA will then prepare a draft
        EIS extracting as much information as possible from the EA.
          A variation of this procedure is used for those projects which are
        known in advance to  have significant or  controversial  environmental
        impacts. In such cases, and with  all parties agreeing,  a facility plan and
        an environmental impact statement  will  be prepared simultaneously. This
        procedure, known as "piggybacking", is intended to  save time and money
        yet  satisfy all the requirements of the construction grants program.

        10.6 Public  Input
          Public participation is  required to aid the grantee in selecting a plan
        which will be cost effective, environmentally compatible,  and have the
16      widest public acceptance and opportunity for implementation.

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  Issues involved in solving water quality problems and in the  expendi-
ture of large  Federal  sums are  often sensitive and  may come under
attack from varied  interests.  Although  the  primary responsibility  for
carrying out water pollution control  and abatement  programs  rests in
governmental  agencies, public involvement in the decisions and imple-
mentation is necessary and desirable.  The intent of public participation
is to foster a spirit of openness and a  sense of mutual trust between  the
public and governmental agencies in efforts to restore  and maintain
the integrity of the Nation's waters.  The facility  plan  must contain a
summary of the measures taken to provide  for, encourage, and  assist
public participation  in the plan  selection. The summary must  also dis-
close the public response  to  the alternatives  presented  and how  sig-
nificant responses were incorporated  into the plan.
  In addition  to any informal meetings or  other  forms of public par-
ticipation, a formal public hearing must  be held prior to plan selection.
Reports, documents or other data to be discussed at the hearing must
be available to the public at convenient times and  places approximately
15 days prior  to the  hearing. Also,  the hearing must be announced
through the news media at least 30 days prior to the  hearing.

10.7  Historical  and Archaeological Investigations
  To comply with the requirements of the National  Historic Preserva-
tion Act of 1966, Executive Order 11593, and other applicable State and
Federal laws,  it is necessary that an  investigation be made of  the  im-
pacts a project may have on historical or  archaeological sites. These
investigations  may  vary from literature  searches to  field surveys. The
initial  step, once the project scope is determined, is to contact the State
Historic Preservation Officer (SHPO)  to obtain specific  advice as to the
extent of investigations necessary.
  The SHPO may recommend that qualified professionals be hired for
"walk-through" or "windshield" preliminary  investigations. The reason-
able costs-for  these investigations are eligible for grant participation,
but EPA must be  advised at each successive stage  before additional
costs are incurred.

10.8  Selected Alternative
  After all  investigations and  alternatives  are evaluated  as  part  of
the facility plan, one  alternative is selected and  described  in greater
detail. The selected plan describes the project for which Step 2  detailed
design  and Step 3  construction grants may  be requested by the appli-
cant. The depth of detail used to describe the  selected plan will vary
with the size and complexity of the project. The amount of detail should
be discussed with and  agreed upon by the State and  EPA before com-
pleting the facility plan.
  Cost estimates of the selected  plan  must  be accurate and are  to be
used in completing the application  (EPA Form 5700-32) for a Step 2
grant.

10.9  Service Agreements
  If a project  involves more than one political jurisdiction, it will be
necessary to work  out service agreements.  These  agreements  will  in-
clude financial arrangements and require each jurisdiction to  enforce      17

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       the requirements for user charges, sewer system rehabilitation, industrial
       cost recovery,  sewer use  ordinances, etc.  The  details  of the service
       agreements  will vary from  project  to  project.  Because  the  time  re-
       quired to complete service  agreements  can be  long, action on  them
       should be initiated  as early as possible  during the  preparation of the
       facility plan. Service agreements must be drafted prior  to approval of
       the facility plan and be completed before the award of a Step 2 grant.
         If wastes from a Federal facility  to  be  treated in a proposed mu-
       nicipal waste treatment plant make up more than 5% of the design flow
       or total more than 250,000 gallons per day, EPA cannot participate in
       the construction costs  attributable to such wastes.  EPA  will however
       participate in the costs of related Step 1 Facility Planning; and Step 2
       costs if the Step 2 grant received State certification  prior  to December
       29, 1975.

       11.0 STEP 2 APPLICATION

       11.1 User  Charges
         User charges are  fees paid by users  of the  facilities to cover the
       operation and maintenance costs of the  system.  Industrial, commercial
       and residential users are charged a proportionate  fee based on the
       wastewater  treatment  service  provided.  At the  time of this writing
       (April, 1976),  a  user  charge  (UC)  system based on the use of "ad
       valorem" taxes is not an acceptable basis for proportioning the charges.
       However, legislation is pending before Congress  to allow the use  of ad
       valorem taxes for this purpose. Grantees should  investigate this matter
       before completing a user charge system.
         At  the  time  of a Step  2  grant application, applicants  must submit
       a statement  or resolution acknowledging their awareness of the  need
       for preparing a user charge  system in accordance  with  the regula-
       tions  (40  CFR  Part 35 Subpart E, and Appendix B)  and  a  procedural
       schedule for completing  such  a system. While  preparing the detailed
       project design  (Step 2 grant), grantees  should also  be working on the
       user charge system. EPA  may not pay  more than 50% of  the Step 3
       grant until evidence of the timely development of the  system is received.
       Also, no  more than  80% of the grant may be paid  until  the user
       charge system  is  approved by EPA.  By the time the project is  com-
       pleted and ready  to operate, an approved user charge system must be
       ready to be implemented.

       11.2 Industrial Cost Recovery
         Industrial cost recovery (ICR)  is  a system which  recovers from  in-
       dustrial users of  the wastewater treatment facilities that  portion  of
       the Federal grant which relates to the  industry's proportionate  share
       of the capital cost  of the project. The  repayment period may extend
       for as long  as 30 years. Half  of the recovered funds are kept by the
       grantee (to be used primarily for expansion and reconstruction) and the
       other half is returned to the Federal  government.
         At the time of  a  Sten 2 grant application, each industry contributing
       10% or more of the sewage must submit a letter of intent  to comply
       with the  industrial  cost  recovery  system  developed for  the project.
18     While  industries contributing  less than  10% of the  total are not  re-

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 quired to submit letters  of  intent,  it is  necessary for the grantee  to
 assure EPA that all industrial users  will be charged their proportionate
 share. Grant payments are limited  to 50%  of  the Step 3  grant until
 evidence of the timely development of the TCR system is submitted
 (similar to the user charge requirements) and  to 80% of  the Step 3
 grant until the industrial cost recovery system  is approved.

 11.3 Sewer Use Ordinance
   Applicants for a Step 3 grant must submit a current  sewer use or-
 dinance  or a letter of intent to enact such an ordinance. The sewer use
 ordinance must prohibit new sources of inflow (illegal  connections from
 sump pumps, foundation drains, roof leaders,  etc.)  from  being con-
 nected to the sewer system,  require proper design  and construction
 techniques for new connections  and inquire pretreatment or the elimi-
 nation of wastes which will interfere wi'h the plant's operation. No more
 than 80% payment of the Step 3 grant nay be made until the ordinance
 is approved by EPA.

 11.4 The Uniform  Relocation  and  Land Acquisition Policies
       Act  of  1970
   Projects which  entail  the  acquisition  of  private  property  or the
 displacement of persons are subject  to the provisions of the Uniform
 Relocation and Land Acquisition Policies Act of 1970 (40 CFR Part 4
 addresses these requirements). Basically, the Act establishes  procedures
 for equitable settlement in such cases. Although the actual cost of land
 purchased for the project is generally not eligible for grant participation
 (except in certain cases when the land is an  integral part of the treat-
 ment process),  certain costs  associated  with complying with this Act
 may  be eligible. The Step 2 grant application must include a statement
 or resolution assuring that the grantee will comply with the applicable
 provisions of this Act  and a  time schedule of compliance.

 12.0  STEP 2 PLANS, SPECIFICATIONS AND
       ESTIMATES

 12.1 Project Specifications
  The end product of the Step 2  detailed design is a set of plans (draw-
 ings), specifications and detailed construction cost estimates which are
 suitable for bidding  and  construction purposes.  Since large sums  of
 public funds will be  spent on constructing  the project, it is  of the
 utmost importance that the  plans,  specifications  and estimates be  as
 complete and accurate as possible.  Plans, specifications and estimates
 must  be  submitted to obtain  the final Step  2 grant payment and ap-
 proved plans and specifications must be submitted to obtain a Step  3
 grant.
  The provisions of many Federal, State and local laws must be satisfied
when advertising for and constructing public  works projects. To assist
grantees  in  satisfying most of these  requirements, EPA  has prepared
a standard set of inserts which must  be included in every construction
contract. Copies of these  documents may be obtained from the State
 or EPA. Key elements of the Federal requirements to be included in the
contract documents are highlighted below.                                 19

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        12.1.1  Contract Documents
          The contract documents must contain the following six  items:
          • A  statement  of work, including drawings and specifications,  and
        a required time-for-completion schedule;
          • the terms and conditions of the construction contracts;
          • an explanation  of  method  of bidding,  method  of evaluating bid
        prices and the basis  upon which award of the  contract will  be  made;
          • the criteria for  evaluating bidders;
          • a statement  indicating that the project  is partially funded with
        Federal money but that  the government is not a party to the contract;
          • copies of 40 CFR 35.936, 35.938 and 35.939.

        12.1.2  Supplemental  General Provisions of Specifications
          The requirement for supplemental  general provisions in the specifica-
        tions is satisfied by including  Appendix C-2 of 40  CFR Part 35  in the
        specifications. This  appendix  includes conditions  relating  to  the  fol-
        lowing subjects.
            audit and access to records;
            price reduction for defective cost or pricing data;
            contract work hours and safety standards;
            equal employment opportunity;
            utilization of small and minority business;
            a covenant against contingency fees;
            anti-kickback regulations;
            gratuities;
            patents;
            copyrights and rights in data;
            a clean air and water clause.


        12.1.3  Equal Employment  Opportunity
         The Equal Employment Opportunity  (EEO)  provisions  of  the  law
        must be followed  and made a part of the specifications where contracts
        are greater  than  $10,000. In  areas having an  approved home-town or
        an  imposed plan,  the contract specifications must  contain  the specific
        provisions of the plan as published  by the Secretary  of Labor in the
        Federal Register.  Home-town plans are agreements  reached between the
        local contractors,  trade unions, minority groups and governmental agen-
        cies which are approved  by the Secretary of Labor and include the goals
        for hiring and training of minority groups. In such  cases all contractors
        must agree to abide  by  the provisions  of the plan.
          In non-home-town plan areas, contractors will be required to comply
        with  the provision of Executive  Order  11246 and engage in affirmative
        action directed at  promoting and insuring EEO in  their work force.
          Contracts in excess of $500,000 may require special provisions. EPA
        regional office will provide specific instructions for such cases.

        12.1.4  Davis Bacon  Act
          Construction contracts in excess of $2,000 are  subject  to  the pro-
        visions of the Davis-Bacon Act.  This Act requires  that contractors pay
        employees  minimum wage rates as  established by the  Department of
20      Labor.  These rates  are  specified in Wage  Determinations issued for

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specific projects and reflect  prevailing wages paid workmen in various
crafts  in a given locality. Area  or  General Wage Determinations,  ap-
plicable  to projects  in  larger metropolitan areas, are  published peri-
odically  in the Federal Register. Wage Determinations are valid  for
120 days and, along  with any pertinent modifications, must be included
in the bidding and contract documents.

12.1.5 Flood Disaster Protection Act of 1973
   If the proposed project includes structures with a value of more than
$10,000 which will be located in an area formally designated as a flood
hazard area  by  the  Department of  Housing and  Urban  Development
(DHUD), those  structures must be  insured under the  flood insurance
program administered by DHUD. In this instance, "structure" generally
refers to a "building" having four walls  and a  roof.  Such insurance, if
required, must be  maintained during both  construction and the useful
life of the structure.
   Other provisions of this Act may be applicable to certain projects and
should be  taken  into  consideration during  the  preparation of  the
facilities plan.

12.1.6 Bonding/Insurance
   For construction contracts in  excess of $100,000 the  following mini-
mum bonding and  insurance  requirements must be  a  part of  the
specifications:
   •  5% bid bond;
   •  100% performance bond and 100% payment bond;
   •  fire  and  extended coverage, workmen's compensation, public  lia-
bility and property damage and "all risk" insurance as required by local
or State law;
   •  flood insurance,  as required, during and after construction.
   For contracts less than $100,000, bonding and insurance requirements
shall be in accordance with local or State practices.


12.1.7 Technical  Provisions of Specifications
   The following items must  be addressed in the plans and specifications
for the project.
   Safety Precautions: Occupation Safety and Health Act (OSHA) and
applicable State and  local requirements must be complied with.
   Mitigative  Measures: Mitigative  measures required by the environ-
mental assessment or impact statement must be complied with. Examples
might be soil  erosion  control, hours of operation, backfilling and seeding,
structural design for buildings in a flood  plain, etc.
   Bypassing:  Bypassing  of flows  during construction  must be prevented
where possible.
  Reliability  and Flexibility: Proposed facilities are  to be reliable and
provide for flexibility in operation.  This may be accomplished by pro-
viding for standby power, ample pumping capacity to insure  continuous
operation when the largest pump is out  of service, etc.
  Component Identification: Equipment, piping, switches, instruments,
etc. must be  clearly marked  for ease of identification.
  Public Water Supply: Public  water supplies  must be protected  by      21

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adequate backflow  prevention devices (double check  valves, air  gap,
etc.).
  Chemical Storage: Chemicals must be properly stored in a curbed area
large enough to hold the entire volume  in the event of an  accidental
spill. Also, adequate safety protection gear must be provided for plant
personnel.
  Ventilation: Adequate ventilation must be provided in all areas where
necessary (for example wet well, dry well, chlorine room, chemical  stor-
age area, etc.).
  Laboratory Facilities: Laboratory facilities  must be sufficient to give
the plant operator control  over  the operational efficiency  of the treat-
ment plant. Additionally, facilities must be adequate to conduct sampling
and testing as required by  the NPDES permit or the State agency.
  Emergency Alarms:  Adequate alarms  must be provided to warn  of
failures or dangers.
  Use  of Mercury:  Mercury may not be used for trickling filter seals.
Other  uses of mercury require special review and  approval.
  Sewers: Sewers must  be  tested for  infiltration. They must maintain
minimum scouring  velocity and have adequate capacity  during peak
flow periods.
  Equipment: Except where based upon  performance specifications,  at
least two trade names must be specified for all  major items of equipment.
  Operation & Maintenance:  In selecting equipment and  components,
the consultant should give  careful consideration to those which can be
operated and maintained with the least effort.
  Shellfish  Waters:  Appropriate  measures to protect shellfish must be
included where applicable.
  Pretrealment: Incompatible industrial wastes must be pretreated where
applicable.
  Project Sign: A project sign must be displayed indicating EPA grant
support.

12.2 Plan of  Operation
  A plan of operation is required for all treatment facilities. The  plan
should be,  in large  measure, a  sequential listing of  actions needed  to
ready the plant and its personnel for operation when  construction  is
complete. Matters such as staffing and training  requirements, operation
and  maintenance procedures,  reports, laboratory testing,  etc. must be
considered in the plan. In short, the plan must detail the "who, when
and  where" of facility operation and maintenance.
  The Operation and Maintenance Manual  (prepared in  conjunction
with the Plan of Operation)  is  especially  important  since  it provides
plant personnel  with detailed  instructions for assuring efficient  opera-
tion and proper maintenance  of all plant  components (including off-
site pump stations,  etc.). This manual should discuss  how the facility
is to be operated  so as to meet effluent  standards contained  in the
NPDES  permit  and other  State and Federal requirements. Grant pay-
ments are limited to 50% of the Federal  share of Step  3 costs until the
draft manual or evidence of its timely  completion is submitted. No more
than 90% of the grant may be paid until the manual is approved.

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13.0 STEP 3 APPLICATION

13.1 Payment Schedule
  For each of the three "step" grants it is necessary to prepare a pay-
ment schedule for disbursement of grant funds. In establishing payment
schedules, necessary State and Federal  reviews need to be taken into
account.  Since the schedules establish the maximum amount of grant
funds to  be paid out during a specific period,  it is important  that they
be prepared with care.
  Once a payment schedule is established, any change  will require the
written approval of  EPA.  Payment  procedures  are explained in the
section Grant Payments (14.9).

14.0 STEP 3 CONSTRUCTION

14.1 Advertising for Bids
  Grantees must not advertise for bids until authorization to do so  is
received  from EPA. When authorization is  received, grantees  must
circularize the proposed project as widely as possible in  order to get the
best possible price. Preference for local  contractors may not be shown.
Generally, advertisements should be placed in newspapers, journals or
other public notification  and solicitation periodicals. If the  estimated
project cost is more than $10 million, advertisements for bids should be
in journals having nationwide circulation.  The advertisement must in-
dicate  where copies of  the bidding documents, including the  plans
and specifications,  may be obtained.  Generally, at least 30 days is al-
lowed  for receipt of bids. The regulations, 40 CFR 35.938-4,  which
are included in  the project specifications, contain  additional specific re-
quirements for advertising. These same bidding requirements also apply
to sewer  system  rehabilitation work  where necessary.

14.2 Receipt  and Review of Bids
  Bids must be  received sealed and be opened publicly.  The grantee, ir.
reviewing them, must insure that all legal requirements are met and
prepare a recommendation for award.  Bid documents are forwarded,
generally through the State, to  EPA for approval.  DO  NOT  award
construction contracts until EPA approval to do so is received. As  a
minimum, the following documents are to be submitted to EPA after
bids are received:
  a. a certified bid tabulation of all bids received;
  b. two copies of the proposal form and bonds from the apparent low
bidder;
  c. a statement from  the grantee (authorized official) indicating the
names of the bidders to whom contracts  are to be awarded and the
amount of the contracts;
  d. proof  of advertising indicating  the  circulation  and  time for re-
ceipt of bids;
  e. a copy of  each addendum issued  during the bidding period and
acknowledgement of receipt by the apparent low bidder;
  f. signed copies of the certification by the  apparent low bidder re-
garding compliance with EEO requirements.
                                                                       23

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         g. if award is to be  made to other than the low bidder, justification
       indicating why the low bidder is not responsive or responsible;
         h. a revised cost estimate as necessary;
         i. other documents  required to conform with  applicable State  and
       local laws and ordinances.
         In reviewing the bids, grantees should recommend that the contracts
       be  awarded  to  the lowest responsive,  responsible bidder.  If  there  is
       reason  to  award  a contract to other  than  the lowest  bidder, advice
       should be  obtained from legal counsel  concerning such action. A full
       explanation,  including  the legal  opinion,  must be submitted  to EPA
       for review. DO NOT  award contracts  until authorization  to do so  is
       received from EPA.
         Rejection of all bids and readvertisement of the project may be done
       only for good cause.

       14.3 Changes  in Grant  Amount
         Grants may be increased or decreased at  any point throughout the
       entire  3 step process  where  such action is  warranted  and justified.
       Grant changes require State approval and certification and the process-
       ing of a Grant Amendment. To minimize grant increases and decreases,
       each Step 3  grant may include  an allowance  for contingencies.  The
       amount of the contingency will vary in accordance with the size  and
       type of project and, where applicable, State policy.
         Generally, if a grant increase is needed, it  occurs because bids were
       higher than the engineer's estimate. In such cases, bid  material must be
       submitted  through the State to EPA with the  request that the grant be
       increased.  The State is under no obligation to approve the  request nor
       is EPA obliged to increase the grant but will generally do  so if the
       increase is justified and funds are available.

       14.4 Protests
         The award of construction contracts  may result in protests from un-
       successful bidders, equipment suppliers or others. If a protest is received,
       the  procedures  outlined  in the regulations, 40 CFR  35.939, must be
       followed. It is the grantees' responsibility to resolve protests.  The resolu-
       tion may vary from a protest without merit to  the more complex case
       involving potential litigation.
         Advice should be sought from  legal counsel whenever protests are
       lodged. Grantees must advise the State  and ,EPA of a  protest, its foun-
       dation and method of resolution.

       14.5 Award of Construction Contracts
         After EPA has  reviewed the bid information,  it will  authorize the
       award of the contracts providing  all requirements have been satisfied.
       Grantees should inform EPA of the date of the contract award or notice
       to proceed.
         At the time of award, a preconstruction conference should be con-
       ducted to insure that each party understands  his responsibilities.
24

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14.6 Preconsfrucfion Conference
  A preconstruction conference should be held  with  the grantee, con-
tractor, State agency and EPA participating. The primary  objective of
the preconstruction conference is to discuss the  responsibilities of each
party in the project and to clarify any questions. Subjects to  be discussed
may include: posting and payment of minimum wages; equal  employ-
ment opportunities; record keeping and requirements for on-site inspec-
tions by EPA or the State; processing of  invoices  and grant  payment
requests; processing and required approvals of change orders; etc.

14.7 Change  Orders
  A change order is  the required method of modifying the construc-
tion contracts after work has begun and may result in a cost  increase
or decrease.
  Contracts may need to be  modified because of minor errors'in the
plans and specifications or emergency changes required to protect life
or  property.  Prior approval by EPA  of  minor or emergency change
orders is not  required.
  Project changes which will  substantially  alter  the design or scope of
the project, type of treatment, location, size, capacity or quantity of
any major component, or which will require additional Federal funds,
must receive  prior approval from  the  State and EPA  before being ex-
ecuted.  Approved change orders resulting in construction cost  increases
are ordinarily paid out  of  the contingency allowance of  the project.
Where the change order or combination of change orders  exceeds the
contingency allowance, grantees may request  an increase  in the  grant
amount.
  Change orders must  be justified and  are not  to be used to circumvent
the bidding requirements. The increased cost  resulting from a change
order must be reasonable and, when appropriate, grantees must  nego-
tiate with the contractor to insure that the price is fair.

14.8 On-Site  Inspection
  EPA or the State may conduct on-site project inspections  to insure
that the project  is being managed properly, is on schedule,  and is  being
constructed in  accordance with  approved  plans, specifications and
change  orders.
  On-site project inspections  are made during construction  (interim)
and at the completion of construction (final). The frequency of interim
inspections will depend upon the size and complexity  of the project.
  a. Interim  Inspections—At the  time of an interim inspection, the
inspector will determine that:
  • competent and adequate  supervision  and inspection is being pro-
vided and an appropriate inspector's log is kept;
  • approved plans, specifications and change orders  are  available at
the project site;
  • construction conforms to  approved plans, specifications and change
orders, and is on schedule;
                                                                        25

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         • the  engineer's estimate of work-in-place agrees reasonably with
       actual observed construction;
         • reasonable  tests of materials and equipment are being conducted
       and noted in logs or reports (e.g., slump tests of concrete);
         • equipment  delivered  to the site  is being properly protected  and
       stored;
         • the required project sign is appropriately displayed;
         • a wage rate decision is prominently displayed and agrees with con-
       tract documents;
         • project accounting records are maintained  which distinguish be-
       tween allowable and non-allowable costs, and  are supported by receipts
       or certified contractor invoices;
         • safety provisions  are  being followed in accordance  with OSHA
       requirements;
         • special  construction techniques or  practices are being employed
       in accordance with the grant agreement;
         • the operational staff has been hired and is being trained in accord-
       ance with the plan of operation;
         • the operation and maintenance manual is being prepared;
         • user charge and industrial cost recovery systems are being prepared;
         • wastewater treatment  during construction is being provided;
         • a procedure is employed to call to the attention of the authorized
       representative any deficiencies in design or construction.
         b. Final Inspections—In addition to the items above,  the  inspector
       will generally  seek to determine that:
         • the facilities are complete,  operating and,  in the case of a treatment
       plant, will meet the effluent limitations required by the NPDES permit;
         • the facilities conform to approved plans,  specifications and change
       orders;
         • all equipment  is operational and performing  satisfactorily;
         • the appropriate operation and maintenance  staff  has been hired
       and instructed in the startup and operational procedures;
         • the laboratory facilities are  complete and  sufficient to  conduct
       appropriate tests;
         • the operation and maintenance  manual  is  readily available and
       procedures are being followed;
         • the accounting records are adequate and are available for audit;
         • the user charge system, industrial cosf recovery  system and  sewer
       use ordinance, if not previously approved,  are completed.
         Deficiencies noted during the inspections must be corrected. Delay in
       correcting deficiencies may delay grant payments:

       14.9 Grant  Payments
         Grant payments  are  made in accordance with  the payment schedule
       (see item  13.1)  contained in the Grant Agreement. Payment requests
       may be submitted on the basis  of project funds expended (cash)  or on
       the  basis of project costs incurred  (accruals),  and will be submitted on
       EPA  Form  2550-16.  Supporting documents  (vouchers, reports, etc.)
26     may or may not be required depending on  the complexities of the pay-

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 ment and the policies of the State and EPA region in which the project
 is located. Regional Offices will inform grantees of the kind of support-
 ing documents needed for interim grant payments.
   Only those allowable costs  for which  project  funds  have been ex-
 pended or for which project costs have been incurred may be considered
 in determining the amount of a payment.
   EPA must limit grant payments to a certain percentage until specific
 program requirements  are satisfied. The  grant limitations for Step  3
 grant payments are briefly summarized below.
   a. Operation and Maintenance Manual—No more than 50% of the
 Federal share may be paid until a draft O&M manual is  submitted, and
 no more than 90% may be paid until the  manual is approved by EPA.
   b. User Charge System—No more than  50%  of the Federal share
 may be paid until the grantee  has submitted adequate evidence of the
 timely development of  a user  charge system,  and no more  than  80%
 may be paid until the system is approved by EPA.
   c.  Industrial Cost Recovery System—No more than 50% of the Fed-
 eral share may be paid until the grantee has submitted adequate evidence
 of the timely development of  an industrial cost  recovery system, and
 no more than 80% may be paid until the system is approved by EPA.
   d.  Sewer Use  Ordinance—No more than 80%  of the Federal share
 may be paid until a sewer use ordinance (s) has been  submitted and
 approved by EPA.
   e.  Sewer Evaluation and Rehabilitation  Program—In the case of ex-
 cessive sewer infiltration,  no more than 80% of the Federal share may
 be paid unless the grantee is complying with the sewer system evaluation
 and rehabilitation schedule agreed upon with EPA.
  f. Final Inspection—Final payment may not be made until the  final
 inspection has been completed  and EPA has determined  that the treat-
 ment works has  been satisfactorily constructed  in accordance with the
 grant agreement and approved plans and specifications.

 14.10 Audits
  By accepting a Federal grant for a Step 1, 2 or 3 project, grantees
 agree that their accounts, documents, records and papers, as well as
•those of subcontractors, will be  accessible to EPA, the Comptroller Gen-
 eral of the United States, or any authorized representative.
  Auditors will review the project's management, accounting, procure-
 ment and property control records to insure that all costs claimed or
 incurred are eligible  for grant  participation. They will also review the
 project for compliance  with all applicable grant provisions and condi-
 tions. Grantees will be notified well in advance of the audit so that all
 pertinent documents may be assembled for the auditor. _

 15.0  OTHER PROGRAM ELEMENTS

 15.1  Allowable and  Unallowable Costs
  Certain costs incurred during the planning,  design and construction
 of wastewater treatment facilities are defined in the law or regulations as     27

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        being eligible for EPA grant participation. The most obvious of these are
        the construction costs. However, other costs associated with the project
        may  or may not be eligible for EPA  grant  participation.  The item by
        item  listing of  these eligible costs would require many pages and is not
        included here.
          Generally, to be eligible for grant participation, project costs must:
          a.  be necessary and reasonable and  not a normal expense of munici-
        pal administration;
          b.  be authorized (or not prohibited) and be consistent with Federal,
        State and local laws and regulations;
          c.  be consistent with policies and  regulations  which are  applicable
        to both Federally assisted activities and other activities of the unit of
        government of which the grantee is a part;
          d.  not  be  included  in the costs allocable to  any other Federally fi-
        nanced program.

        15.2 Cost  Effectiveness
          The term cost effectiveness  is used  two ways in  the construction
        grants program. In its broadest sense  it includes  the effectiveness  of  a
        project in achieving a desired goal (eliminating  water pollution) by
        taking into account and weighing alternative actions  (monetary costs,
        environmental  impacts,  social concerns  and political considerations).
        Trade-offs between each of these considerations must be made but the
        most cost effective solution is the one  which satisfies most of  these
        considerations.
          In the  more  limited use, cost effectiveness is used  only with regard
        to monetary considerations. For example, it may be more cost effective
        (cost less money) to replace  several hundred feet  of broken sewers
        than to treat the resulting infiltration at the treatment plant.

        15.3 Force Account
          Some of the planning, designing or  construction of  a project may be
        accomplished by using municipal employees. Generally, however, EPA
        prefers that the grantee use outside consultants or  contractors to accom-
        plish project work. In cases where it is desired to use  municipal forces,
        it will be necessary to obtain the prior written approval of EPA to do so.
        Applicants wishing to use force account procedures must certify that:
          a.  municipal employees possess the necessary skills and experience to
        accomplish the work;
          b.  the work  can be done more  economically by the use of municipal
        employees rather than consultants;
          c.  emergency conditions dictate that municipal  employees be used.
          If  EPA approves of the force account method, the  grantee will be
        notified in writing of such approval  and  will  be advised as to  what
        records to keep and  what administrative costs are  eligible  for grant
        participation.
28

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16.0 REFERENCES
  Several types of references are available  which can be of assistance
to applicants.
  To familiarize the applicant with the more commonly used references,
the following is presented:

16.1 P.L. 92-500—Federal Water  Pollution  Control  Act
      Amendments of 1972
  P.L. 92-500 has four parts, each of which is called a "Title." Title II—
Grants for Construction of Treatment Works,  is the  title under which
EPA is authorized to award construction grants.
  Each title is divided into sections. For example, the infiltration/inflow
analysis (Step  1 grant) is required by Section 201 of the law. Section 208
establishes the requirement for Areawide Waste  Treatment Management
plans.

16.2 Code of Federal Regulations
  After laws are enacted, it  is  often necessary  for the administering
agency to establish rules and regulations to implement the law.  The
resulting regulations  are published  in  the  Federal  Register, become
official policy and essentially carry the same weight as the law itself. The
many regulations must be  categorized  and the term  applied to each
subject area is "Title." (Title 40 covers the subject "Protection of En-
vironment." Title  12 is "Banks and Banking." Title 22  is "Foreign
Relations:")
  The titles are divided into Chapters. Chapter  I, of  Title 40, concerns
the Environmental Protection Agency. Each chapter is subdivided into
subchapters. Subchapter B concerns "Grants and Other Federal Assist-
ance." The subchapters are subdivided  into "Parts." Part  35 concerns
"State and Local Assistance." Parts may be  divided into Sections which
are grouped into subparts. Subpart E covers "Grants for  Construction
of Treatment  Works—Federal  Water Pollution  Control  Act Amend-
ments of 1972" and encompasses the 35.900 series.
  Thus when reference r made  to 40 CFR 35.917 it  should be under-
stood that the reference is to Title 40 of  the Code of Federal Regula-
tions, Part 35, Section 900, paragraph 917,  "Facility Planning (Step 1)."


16.3 Other  Publications
  Periodically  EPA publishes other documents  which may be of assist-
ance such as Guidelines or Guidance, Technical Bulletins and Reports,
and  Research  Reports. Information regarding  the subjects and avail-
ability of these publications may be obtained by contacting:
              General Services Administration (8FFS)
              Centralized Mailing List Services
              Bldg.  41, Denver Federal Center
              Denver, CO 80225
  Also, EPA has published a "Handbook of Procedures:  Construction
Grants Program for Municipal Wastewater Treatment Work" for use by      29

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       State and EPA officials. Copies of these handbooks have been sent to
       engineering consultants  and are available  at  GSA in  Denver on  a
       limited basis  to  others  with  responsibilities  for  construction  grants
       projects.

       16.4  Program  Guidance Memoranda
         These are policy clarification  and regulation interpretation statements
       developed by EPA construction  grants headquarters staff and distributed
       to its ten  regional officer Most of the information in these PGM's has
       been  integrated into the newly  published Handbook  noted above.
30

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                             Appendix
                 U.S. Environmental  Protection Agency
                    Region,  Administrator & Address
 Region I

 John A.S. McGlennon
 Environmental Protection Agency
 John F. Kennedy Federal Building
 Room  2203
 Boston, Massachusetts 02203
 617  223-7210
 (Maine, N.H., Vt., Mass., R.I., Conn.)

 Region II

Gerald  M. Hansler
 Environmental Protection Agency
 26 Federal Plaza, Room 1009
 New York, New York 10007
 212  264-2525
 (N.Y., N.J., P.R., V.I.)

 Region HI

 Daniel  J. Snyder
 Environmental Protection Agency
 6th & Walnut Streets
 Philadelphia, Pennsylvania 19106
 215 597-9814
 (Pa., W.Va., Md., Del., D.C., Va.)

 Region IV

 Jack E. Ravan
 Environmental Protection Agency
 345 Courtland St., NE
 Atlanta, Georgia 30308
 404  526-5727
 (N.C., S.C., Ky., Tenn., Ga., Ala., Miss.,
 Fla.)

 Region V
 George R. Alexander, Jr.
 Environmental Protection Agency
 230 S. Dearborn Street
 Chicago, Illinois 60604
 312  353-2000
 (Mich., Wis., Minn., 111., Ind., Ohio)
Region VI
John C. White
Environmental Protection Agency
1201 Elm Street
1st International Building
Dallas, Texas 75270
214 749-1962
(Texas, Okla., Ark., La., N.Mex.)

Region VII

Jerome H. Svore
Environmental Protection Agency
1735 Baltimore Avenue
Kansas City, Missouri 64108
816 374-5493
(Kansas, Nebr., Iowa, Mo.)

Region VIII

John A. Green
Environmental Protection Agency
1860 Lincoln Street, Suite 900
Denver, Colorado 80203
303 837-3895
(Colo., Mont., Wyo., Utah, N.D., S.D.)

Region IX

Paul DeFalco, Jr.
Environmental Protection Agency
100 California Street
San Francisco, California 94111
415 556-2320
(Calif., Ariz., Nev., Hawaii, T.T. of the
Pacific, Guam)

Region X
Donald P. Dubois
Environmental Protection Agency
1200 6th  Avenue
Seattle, Washington 98101
206 442-5810
(Wash., Ore., Idaho, Alaska)
                State Water Pollution  Control  Agencies
                                Region I
Connecticut
Joseph N. GUI
Commissioner
Dept. of Environmental Protection
Room 117, State Office Bldg.
165 Capitol Avenue
Hartford, Connecticut 06115
PHONE: 203-566-2110
New Hampshire

Mr. William A. Healy,
Executive Director
NH Water Supply & Pollution
  Control Commission
P.O. Box 95—165 Loudon Rd.
Concord, New Hampshire 03301
PHONE: 603-271-3505
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        Maine

        William R. Adams, Jr.
        Commissioner
        Dept. of Environmental Protection
        Ray Office Building
        Hospital Street
        Augusta, Maine 04333
        PHONE: 207-289-2591
        Massachusetts
        Thomas C. McMahon, Director
        Div. of Water Pollution Control
        Dept. of Environmental
          Quality Engineering
        100 Cambridge Street
        Boston, Massachusetts 02202
        PHONE: 617-727-3855
                                       Rhode Island
                                       Carleton A, Maine
                                       Asst. Director for Environmental
                                         Health Services
                                       Chief, Div. of Water Supply &
                                         Pollution Control
                                       Dept. of Health
                                       75 Davis Street
                                       Providence, Rhode Island 02908
                                       PHONE: 401-277-2235

                                       Vermont
                                       Reginald A. LaRosa
                                       Director
                                       Environmental Engineering Division
                                       Agency of Environmental Conservation
                                       State Office Building
                                       Montpelier, Vermont 05602
                                       PHONE: 802-828-2761
                                         Region II
        New Jersey
        Anthony R. Ricigliano, P.E.
        Assistant Director
        Public Wastewater Facilities Element
        Division of Water Resources
        Dept. of Environmental Protection
        P.O. Box 2809
        Trenton, New Jersey 08625
        PHONE: 609-292-7762

        New York

        Frank Bogedain, Director
        Bureau of Sewage Program
        Division of Pure Waters
        Dept. of Environmental Conservation
        50 Wolf Road
        Albany, New York 12233
        PHONE: 518-457-7498
                                       Puerto Rico
                                       Lorenzo Iglesias, Assoc. Director
                                       Air and Water
                                       Environmental Quality Board
                                       P.O. Box 1148
                                       Santurce, Puerto Rico 00910
                                       PHONE: 809-725-8692
                                        Virgin Isalnds

                                        Pedrito Francois, Director
                                        Div. of Natural Resources
                                          Management
                                        P.O. Box 578
                                        St. Thomas, Virgin Islands 00801
                                        PHONE: 809-774-6880
                                        Region III
32
Delaware
N.C. Vasuki, Director
Div. of Environmental Control
Dept. of Natural Resources &
  Environmental Control
Tatnall Building
Dover, Delaware 19901
PHONE: 302-678-4765

District of Columbia
John Brink, Chief
Bureau of Air & Water Quality Control
Dept. of Environmental Services
Environmental Health Admin.
614 H St., N.W.
Washington, D.C. 20002
PHONE: 202-629-3748

Maryland
Donald H. Noren, Director
Environmental Health Admin.
P.O. Box 13387
201 W. Preston Street
Baltimore, Maryland 21203
PHONE: 301-383-2740
Pennsylvania
Walter A. Lyon, Director
Bureau of Water Quality
  Management
Dept. of Environmental Resources
P.O. Box 2063
Harrisburg, Pennsylvania 17120
PHONE: 717-787-2666

Virginia
Eugene T. Jensen, Executive
  Secretary
State Water Control Board
Commonwealth of Virginia
2111 N. Hamilton Street
Richmond, Virginia 23230
PHONE: 804-786-1411

West Virginia
John Hall, Chief
Div. of Water Resources
Dept. of Natural Resources
1201 Greenbrier Street
Charleston, West Virginia 25311
PHONE: 304-345-2107

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                                Region IV
Alabama
James W. Warr
Chief Administrative Officer
Water Improvement Commission
State Office Building
Montgomery, Alabama 36133
PHONE: 205-832-3370

Florida
John Mottcher, Chief
Div. of Environmental Programs
Dept. of Environmental Regulation
2562 Executive Center Circle, East
Tallahassee, Florida 32301
PHONE: 904-488-4807
Georgia
Gene B. Welsh, Chief
Water Protection Branch
Environmental Protection Div.
Dept. of Natural Resources
270 Washington St., S.W.
Room 820
Atlanta, Georgia 30334
PHONE: 404-656-6593

Kentucky
William S. Forester
Acting Director
Div. of Water Quality
Dept. for Natural Resources &
  Environmental Protection
U.S. 127 South
Frankfort, Kentucky 40601
PHONE: 502-564-3410
Mississippi
Glen Wood, Jr., Executive Director
Air & Water Pollution Control
  Commission
P.O. Box 827
Jackson, Mississippi 39205
PHONE: 601-354-2550

North Carolina
W.  E. Knight, Acting Director
Div. of  Environmental Management
Dept. of Natural & Economic
  Resources
P.O. Box 27687
Raleigh, North Carolina 27611
PHONE: 919-829-4740

South Carolina
John E. Jenkins, P.E.
Deputy  Commissioner
Environmental Quality Control
Dept. of Health & Environmental
  Control
2600 Bull Street
Columbia, South Carolina 29201
PHONE: 803-758-5631

Tennessee
John W. Saucier
Div, of Water Quality Control
Dept. of Public Health
621 Cordcll Hull Dldg.
Nashville, Tennessee 37219
PHONE: 615-741-2275
                                 Region V
Illinois
Michael P. Mauzy, Manager
Environmental Programs
Illinois Environmental Protection
  Agency
2200 Churchill Road
Springfield, Illinois 62706
PHONE: 217-782-2027

Indiana
Oral H. Hert, Technical Secretary
Stream Pollution Control Board
1330 West Michigan Street
Indianapolis, Indiana 46206
PHONE: 317-633-5467
Michigan

William Turney, Acting
   Executive Secretary
Chief, Bureau of Environmental
   Protection
Water Resources Commission
Stevens T. Mason Building
Lansing, Michigan 48926
PHONE: 517-373-2682
Minnesota
Louis J. Breimhurst, Director
Div. of Water Quality
Minnesota Pollution Control Agency
1935 West County Road B2
Roseville, Minnesota 55113
PHONE: 612-296-7354
Ohio
Ned Williams, Director
OH Environmental Protection Agency
P.O. Box 1049
361 East Broad Street
Columbus, Ohio 43216
PHONE: 614-466-6686

Wisconsin

Anthony Earl, Secretary
Dept. of Natural Resources
P.O. Box 450   .
Madison, Wisconsin 53701
PHONE: 608-266-2747
                                                                                  33

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                                        Region VI
         Arkansas
         S. Ladd Davies, Director
         Dept. of Pollution Control
           & Ecology
         8001 National Drive
         Little Rock, Arkansas 72209
         PHONE: 501-371-1701

         Louisiana

         James F. Coerver, Director
         Health & Human Resources
           Administration
         P.O. Box 60630
         New Orleans, Louisiana 70160
         PHONE: 504-527-5112
New Mexico
Thomas E. Baca, Director
Environmental Improvement Agency
P.O. Box 2348
Santa Fe, New Mexico 87503
PHONE: 505-827-5271, ext. 201
Oklahoma
Charles Newton, Director
Water Quality Services
State Dept. of Health
P.O. Box 53551
Oklahoma City,  Oklahoma 73105
PHONE: 405-271-5205

Texas
Hugh Yantis, Exec. Director
Water Quality Board
P.O. Box 13246
Capitol Station
Austin, Texas 78711
PHONE: 512-475-3926
                                        Region VII
         Iowa
         Joseph E. Obr, Director
         Water Quality Management Div.
         Dept. of Environmental Quality
         P.O. Box 3326
         3920 Delaware Street
         Des Moines, Iowa 50316
         PHONE: 515-265-8134

         Kansas
         N. Jack  Burris, Chief
         Water Quality Program
         Div. of Environment
         Dept. of Health & Environment
         Building 740
         Topeka,  Kansas 66620
         PHONE: 913-296-3825
Missouri

James P. Odendahl
Director of Staff
Clean Water Commission
Div. of Environmental Quality
P.O. Box 1368
Jefferson City, Missouri 65101
PHONE: 314-751-3241

Nebraska
Robert Wall, Acting Chief
Water Pollution Control
Dept. of Environmental Control
P.O. Box 94563
State House Sta.
Lincoln, Nebraska 68509
PHONE: 402-471-2186
                                        Region VIII
         Colorado
         Frank J. Rozich, Director
         Water Quality Control Div.
         Department of Health
         4210 E. llth Avenue
         Denver, Colorado 80220
         PHONE: 303-388-6111

         Montana

         Donald G. Willems, Chief
         Water Quality Bureau
         Dept. of Health & Environment
           Sciences
         Cogswell Building
         Helena, Montana 59601
         PHONE: 406-449-2406
South Dakota
Richard L. Howard, Chief
Water Quality Control
Dept. of Environmental Protection
State Office Building #2
Pierre, South Dakota 57501
PHONE: 605-224-3351

Utah
Calvin Sudweeks, Director
Bureau of Water Quality
Bureau of Environmental Health
44 Medical Drive
Salt Lake City. Utah 84113
PHONE: 80f-328-6146
34

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North Dakota

Norman L. Peterson, Director
Div. of Water Supply & Pollution
  Control
Dept. of Health
State Capitol
Bismarck, North Dakota 58505
PHONE: 701-224-2386
 Wyoming.

 Arthur Williamson, Administrator
 Water Quality Division
 Dept. of Environmental Quality
 Hathaway Building
 Cheyenne, Wyoming 82002
 PHONE: 307-777-7781
                               Region  IX
Arizona
Dr. Ronald L. Miller, Chief
Bureau of Water Quality Control
Room 200
1740 West Adams Street
Phoenix, Arizona 85007
PHONE: 602-271-3453


California
Larry Walker, Division Chief
Manager, Clean Water Grant Program
State Water Resources Control Board
Division of Water Quality
P.O. Box 100
Sacramento, California 95801
PHONE: 916-445-7972

Guam

O.V. Natarajan            K
Environmental Protection Agency
Government of Guam
P.O. Box 2999
Agana, Guam 96910
PHONE: 646-8863

Hawaii

Dr. James Kumagi, Dep. Director
  for Environmental Health
Dept of Health
P.O. Box 3378
Honolulu, Hawaii 96801
PHONE: 808-548-6410
 Nevada

 Ernest Gregory, Acting Administrator
 Department of Human Resources
 Environmental Protection Services
 201 So. Fall Street, Room 120
 Capitol Complex
 Carson City, Nevada 89710
 PHONE: 702-885-4670

 American Samoa

 Donald Graf
 Environmental Quality Commission
 Government of American Samoa
 Office of the Governor
 Pago Pago, American Samoa 96799
 PHONE: 633-4116
Trust Territory of the Pacific Islands
Nacha Siren, Director
Div. of Environmental Health
Dept. of Health Services
Trust Territory of the Pacific Islands
Saipan, Mariana Islands 96950
PHONE: Via 00-0422
                               Region  X
Alaska
Jon Scribner
Division of Air & Quality Control
Dept. of Environmental Conservation
Pouch O
Juneau, Alaska 99801
PHONE: 907-586-5371

Idaho
Dr. Lee Stokes, Administrator
Dept. of Health & Welfare
Division of Environment
Statehouse
Boise, Idaho 83720
PHONE: 208-384-2390
Oregon
Harold Sawyer, Administrator
Water Quality Division
Dept. of Environmental Quality
1234 S.W. Morrison Street
Portland, Oregon 97205
PHONE: 503-229-5324

Washington
John F. Spencer, Asst. Director
Office of Water Programs
Washington State Dept. of Ecology
Olympia, Washington 98504
PHONE: 206-753-3893
                                   * U.S. Government Printing Office: 1977-778443
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