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TITLE 40 - PROTECTION OF ENVIRONMENT
CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER B - GRANTS AND OTHER FEDERAL ASSISTANCE
PART 35 - STATE AND LOCAL ASSISTANCE
subpart e - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS - CLEAN WATER ACT
35.927 - Sewer system evaluation and rehabilitation.
(a) All applicants for step 2 or step 3 grant assistance must demonstrate to the Regional Administrator's satisfaction that each sewer system discharging into the treatment works project for which grant application is made is not or will not be subject to excessive infiltration/inflow. A determination of whether excessive infiltration/inflow exists may take into account, in addition to flow and related data, other significant factors such as cost-effectiveness (including the cost of substantial treatment works construction delay, see appendix A to this subpart), public health emergencies, the effects of plant bypassing or overloading, or relevant economic or environmental factors.
(b) A sewer system evaluation will generally be used to determine whether or not excessive infiltration/inflow exists. It will consist of: (1) Certification by the State agency, as appropriate; and, when necessary, (2) An infiltration/inflow analysis; and, if appropriate, (3) A sewer system evaluation survey and, if appropriate, a program, including an estimate of costs, for rehabilitation of the sewer system to eliminate excessive infiltration/inflow identified in the sewer system evaluation. Information submitted to the Regional Administrator for such determination should be the minimum necessary to enable him to make a judgment.
(c) Guidelines on sewer system evaluation published by the Administrator provide further advisory information (see 35.900(c)). Also see 35.9257(c) and 35.93516.
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