Section 35.2108 - Phased or segmented treatment worksGrant funding may be awarded for a phase or segment of a treatment works, subject to the limitations of § 35.2123 , although that phase or segment does not result in compliance with the enforceable requirements of the Act, provided:
(a) The grant agreement requires the recipient to make the treatment works of which the phase or segment is a part operational and comply with the enforceable requirements of the Act according to a schedule specified in the grant agreement regardless of whether grant funding is available for the remaining phases and segments; and(b) Except in the case of a grant solely for the acquisition of eligible real property, one or more of the following conditions exist: (1) The Federal share of the cost of building the treatment works would require a disproportionate share of the State's annual allotment relative to other needs or would require a major portion of the State's annual allotment;(2) The period to complete the building of the treatment works will cover three years or more;(3) The treatment works must be phased or segmented to meet the requirements of a Federal or State court order; or(4) The treatment works is being phased or segmented to build only the less-than-secondary facility pending a final decision on the applicant's request for a secondary treatment requirement waiver under section 301(h) of the Act.49 FR 6234, Feb. 17, 1984, as amended at 50 FR 45895, Nov. 4, 1985