About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-194912,B-195507 1 (1979-10-04)

handle is hein.gao/gaobadhqs0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OF THE UNITED STATES. WASHINGTON, D. C. 20548 *,~~ FILE: B-194912 and B-195507 MATTER C DIGEST: 4I KY ,W DATE: October 4, 1979 Federal Facility Contributions to Capital Costs of Sewage Treatment Projects 1. Environmental Protection Agency has no authority to exclude from eligibility for .a construction grant a percentage of the total costs of an otherwise acceptable project to upgrade a wastewater treatment facility equal to the percentage of service the facility would be required to provide to a major Federal facility. Section 202(a)(1) of the Federal Water Pollution Con- trol Act as amended requires payment of full 75 per- cent of approved costs of the total project. Although justified as saving grant funds, EPA may not artificially reduce the total costs of a project which otherwise meets its standards solely to stretch avail- able grant funds to cover additional projects. 2. Department of Navy would normally have no authority to make up shortfall in construction funds due to EPA funding policy, described above, unless costs were amortized and shared equally as part of the rate by all users of sewer services. See B-189395, April 27, 1978. However, recent military construction authorization and appropriation acts specifically make available funds for Navy's share of treatment facility at Hampton Roads Sanitation District, Virginia, and at plant in Honolulu, Hawaii. Navy may pay these costs without requiring additional consideration for the Government as long as its contribution does not exceed 75 percent of the costs --the amount the locality would have received but for the EPA funding policy. 3. Sufficient money was appropriated to enable Navy to pay 100 percent of Navy's share of wastewater treat- ment projects at Hampton Roads Sanitation District and Honolulu.. However, there is no evidence that Congress intended to give localities more construction assistance than the 75 percent they would have otherwise received but for EPA's funding policy. Therefore, Navy must negotiate to obtain an additional benefit for the Govern- ment commensurate with the extra 25 percent contribu- tion for capital costs. L( F:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most