Idaho Admin. Code r. 58.01.22.020

Current through September 2, 2024
Section 58.01.22.020 - PRIORITY RATING SYSTEM

Projects are identified for placement on priority lists by surveying eligible entities directly on an annual basis. Grant funds are awarded to projects based on priority ratings. Projects are rated by the Department on a standard priority rating form using public health, sustainability, and water quality criteria and condition of the existing system.

01.Purpose. A priority rating system shall be utilized by the Department to annually allot available funds to projects determined eligible for funding assistance in accordance with these rules.
02.Priority Rating for Drinking Water Systems. The priority rating system shall be based on a numerical point system. Priority criteria shall contain the following points:
a. Public Health Hazard. Any condition which creates, or may create, a danger to the consumer's health, which may include any one (1) or more of the following, may be awarded a maximum of one hundred (100) points:
i. Documented unresolved violations of the primary drinking water standards including maximum contaminant levels, action levels, and treatment techniques (to include maximum contaminant levels for acute and chronic contaminates);
ii. Documented unresolved violations of pressure requirements;
iii. Documented reduction in source capacity that impacts the system's ability to reliably serve water;
iv. Documented significant deficiencies (e.g., documented in a sanitary survey) in the physical system that is causing the system to not be able to reliably serve safe drinking water.
v. Documented unregulated contaminants that have been shown to be a hazard to public health.
b. General Conditions of Existing Facilities. Points shall be given based on deficiencies (which would not constitute a public health hazard) for pumping, treating, storing, and delivering drinking water - up to sixty (60) points.
c. Sustainability Efforts (e.g., prospective efforts at energy conservation, water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement) - up to fifty (50) points.
d. Consent Order, Compliance Agreement Schedule, or Court Order. Points shall be given if the system is operating under and in compliance with a Consent Order, Compliance Agreement Schedule, or Court Order and the proposed construction project will address the Consent Order, Compliance Agreement Schedule, or Court Order - up to thirty (30) points.
e. Incentives. Bonus points shall be awarded to systems that promote source water protection, conservation, economy, proper operation maintenance, and monitoring - up to ten (10) points.
f. Affordability. Points shall be given when current system user charges exceed state affordability guidelines - ten (10) points.
03.Priority Rating for Wastewater Systems. The priority rating system shall be based on a numerical point system. Priority criteria shall contain the following points.
a. Public health emergency or hazard certified by the Idaho Board of Environmental Quality, the Department, a District Health Department, or by a District Board of Health - one hundred fifty (150) points.
b. Regulatory compliance issues (e.g., noncompliance and resulting legal actions relating to infrastructure deficiencies at a wastewater facility) - up to one hundred (100) points.
c. Watershed restoration (e.g., implementation of best management practices or initiation of construction at wastewater collection and treatment facilities as part of an approved total maximum daily load plan, implementation of nonpoint source management actions in protection of a threatened water, or is part of a special water quality effort) - up to one hundred (100) points.
d. Watershed protection from impacts (e.g., improvement of beneficial use(s) in a given water body, evidence of community support, or recognition of the special status of the affected water body) - up to one hundred (100) points.
e. Preventing impacts to uses (nonpoint source pollution projects) - up to one hundred (100) points.
f. Sustainability efforts (e.g., prospective efforts at energy conservation, water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement) - up to fifty (50) points.
g. Affordability (current system user charges exceed state affordability guidelines) - ten (10) points.
04.Rating Forms. Rating criteria for Subsections 020.02 and 020.03 is set forth in a rating form that is available at www.deq.idaho.gov.
05.Priority List. A list shall be developed from projects rated according to the priority rating system, submitted for public review and comment, and submitted to the Board for approval and adoption.
a.Priority Reevaluation. Whenever significant changes occur, which in the Department's judgment would affect the design parameters or treatment requirements by either increasing or decreasing the need for or scope of any project, a reevaluation of that priority rating will be conducted.
b.Priority Target Date. An eligible applicant whose project is on the approved priority list, and for which funding is available, will be contacted by the Department and a target date for submission of a completed grant application will be established.
c.Project Bypass. A project that does not or will not meet the project target date or a Department schedule that allows for timely utilization of grant funds may be bypassed, substituting in its place the next highest ranking project that is ready to proceed. An eligible applicant that is bypassed will be notified in writing of the reasons for being bypassed.
06.Amendment of Priority List. The Director may amend the Priority List as set forth in Section 080 of these rules.

Idaho Admin. Code r. 58.01.22.020

Effective March 31, 2022