Page:United States Statutes at Large Volume 95.djvu/1653

 PUBLIC LAW 97-117—DEC. 29, 1981

95 STAT. 1627

BRAND NAME

SEC. 11. Section 204(a)(6) of the Federal Water Pollution Control Act is amended by striking out ", or at least two brand names or 33 USC 1284. trade names of comparable quality or utility are listed and are followed by the words 'or equal " and by adding at the end thereof the following: "When in the judgment of the grantee, it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a 'brand name or equal' description may be used as a means to define the performance or other salient requirements of a procurement, and in doing so the grantee need not establish the existence of any source other than the brand or source so named.". ENGINEERING PERFORMANCE

SEC. 12. Section 204 of the Federal Water Pollution Control Act is amended by adding the following new subsection: "(d)(1) A grant for the construction of treatment works under this title shall provide that the engineer or engineering firm supervising construction or providing architect engineering services during construction shall continue its relationship to the grant applicant for a period of one year after the completion of construction and initial operation of such treatment works. During such period such engineer or engineering firm shall supervise operation of the treatment works, train operating personnel, and prepare curricula and training material for operating personnel. Costs associated with the implementation of this paragraph shall be eligible for Federal assistance in accordance with this title. "(2) On the date one year after the completion of construction and initial operation of such treatment works, the owner and operator of such treatment works shall certify to the Administrator whether or not such treatment works meet the design specifications and effluent limitations contained in the grant agreement and permit pursuant to section 402 of the Act for such works. If the owner and operator of ^3 USC 1342. such treatment works cannot certify that such treatment works meet such design specifications and effluent limitations, any failure to meet such design specifications and effluent limitations shall be corrected in a timely manner, to allow such affirmative certification, at other than Federal expense. "(3) Nothing in this section shall be construed to prohibit a grantee under this title from requiring more assurances, guarantees, or indemnity or other contractual requirements from any party to a contract pertaining to a project assisted under this title, than those provided under this subsection.". ALLOTMENT FORMULA

SEC. 13. (a) Section 205(c) of the Federal Water Pollution Control Act is amended by inserting "(1)" after "(c)" and by adding at the end 33 USC 1285. thereof the following new paragraph: "(2) Sums authorued to be appropriated pursuant to section 207 for Post, p. 1630. the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for each such year by the Administrator not later than the tenth day which begins after the date of enactment of the Municipal Wastewater Treatment Construction Grant Amendments of 1981. Notwithstanding any other provision of law, sums authorized for the fiscal year ending September 30, 1982, shall be allotted in accordance with table 3 of Committee Print Numbered 95-30 of the Committee on Public

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