23 U.S.C. § 328 — Eligibility for environmental restoration and pollution abatement
submitted 21 years ago by Pub. L. 109-59 to r/title-23-HIGHWAYS · 133 words · no verdicts yet
Federal transportation funds can pay to fix water pollution or environmental damage caused by a highway project. This includes building stormwater treatment systems to meet clean water laws. If the road is being rebuilt or resurfaced, this spending can't exceed 20 percent of the total project cost.
(a) In General — Money for a transportation project* funded under this title can also pay to fix or reduce water pollution or environmental damage that the transportation facility caused, in whole or in part. This includes retrofitting or building stormwater treatment systems to meet the federal and state* clean-water requirements in sections 401 and 402 of the Federal Water Pollution Control Act (33 U.S.C. §§ 1341, 1342).
(b) Maximum Expenditure — If the facility is being reconstructed, rehabilitated, resurfaced, or restored, the money spent this way — on environmental restoration or pollution cleanup — can't be more than 20 percent of the total cost of that reconstruction, rehabilitation, resurfacing, or restoration.
Subject to subsection (b), environmental restoration and pollution abatement to minimize or mitigate the impacts of any transportation project* funded under this title (including retrofitting and construction* of stormwater treatment systems to meet Federal and State* requirements under sections 401 and 402 of the Federal Water Pollution Control Act (33 U.S.C. 1341; 1342)) may be carried out to address water pollution or environmental degradation caused wholly or partially by a transportation facility.
In a case in which a transportation facility is undergoing reconstruction, rehabilitation, resurfacing, or restoration, the expenditure of funds under this section for environmental restoration or pollution abatement described in subsection (a) shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration of the facility.
Source credit: (Added Pub. L. 109–59, title VI, § 6006(b), Aug. 10, 2005, 119 Stat. 1872.)
- 2005Enacted · Pub. L. 109-59 · 119 Stat. 1872
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-59 on 2005-08-10.
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