Idaho Admin. Code r. 58.01.12.040

Current through September 2, 2024

Section 58.01.12.040 - LOAN APPLICATION AND REVIEW

01.Submission of Application. Those eligible systems that received high priority ranking and are ready to proceed shall be invited to submit an application. The applicant shall submit to the Department, a completed application on a form as prescribed by the Department.

02.Application Requirements. Applications shall contain the following documentation, as applicable:

a. A lawful resolution passed by the governing body authorizing an elected official or officer of the applicant to execute a loan contract and sign subsequent loan disbursement requests;

b. Contracts for engineering or other technical services and the description of costs and tasks set forth therein shall be in sufficient detail for the Department to determine whether the costs associated with the tasks are eligible costs pursuant to Section 041;

c. Justification for the engineering firm selected. An engineering firm selected by the applicant must at a minimum:

i. Be a registered professional engineer currently licensed by the Idaho Board of Professional Engineers and Land Surveyors;

ii. Not be debarred or otherwise prevented from providing services under another federal or state financial assistance program; and

iii. Be covered by professional liability insurance in accordance with Section 050 of these rules. A certification of liability insurance shall be included in the application;

d. A description of other costs, not included in the contracts for engineering or other technical services, for which the applicant seeks funding. The description of the costs and tasks for such costs must be in sufficient detail for the Department to determine whether the costs are eligible costs pursuant to Section 041;

e. A demonstration that the obligation to pay the costs for which funding is requested is the result or will be the result of the applicant's compliance with applicable competitive bidding requirements for construction and requirements for professional service contracts, including without limitation, the requirements set forth in Sections 67-2801 et seq., 67-2320, 59-1026, and 42-3212, Idaho Code;

f. Step 1 -- Scope of work describing the work tasks to be performed in the preparation of the planning document if required in accordance with Section 030, a schedule for completion of the work tasks and an estimate of staff hours and costs to complete the work tasks;

g. Step 2 -- Design, or Step 4 -- Design and Construction:

i. Planning document, including a final environmental document and decision in accordance with Section 042;

ii. Financial and management capability analysis as provided in Section 010; and

iii. Intermunicipal service agreements between all entities within the scope of the project, if applicable;

h. Step 3 -- Construction:

i. Documented evidence of all necessary easements and land acquisition;

ii. Biddable plans and specifications of the approved wastewater treatment facility alternative;

iii. A plan of operation and project schedule;

iv. A user charge system, sewer use or water system protection ordinance and financial management system; and

v. A staffing plan and budget;

i. Step 4 -- Design and Construction. Loan applicants must submit all documentation specified in Section 040 prior to advertising for bids on construction contracts;

j. Nonpoint Source Implementation Funding:

i. Information demonstrating that the project is consistent with and implements the Idaho Nonpoint Source Management Plan;

ii. Data that substantiates a nonpoint source pollution problem or issue exists;

iii. A project implementation plan or workplan;

iv. Project commitment documentation that demonstrates the ability for loan repayment;

v. Documentation that the project owner, manager or sponsoring agency will maintain the project for the life of the project;

vi. A demonstration that there will be adequate tracking and evaluation of the effectiveness of the water quality improvements being funded by either the project owner/manager or the sponsoring agency throughout the life of the project; and

vii. A description of the nexus/benefit to a municipality and a letter of support from one (1) or more affected municipalities.

03.Determination of Completeness of Application. The Department will review the application to determine whether it includes all of the information required by Section 040.

04.Notification of Incompleteness of Application. Written notification if an application is incomplete, including an explanation of missing documentation will be sent to the applicant. The applicant may provide the missing documentation.

05.Reapplication for Loan. The action of disapproving, recalling or terminating a loan in no way precludes or limits the former applicant from reapplying for another loan when the project deficiencies are resolved and project readiness is secured.

Idaho Admin. Code r. 58.01.12.040

Effective March 24, 2022