N.Y. Comp. Codes R. & Regs. tit. 10 § 53.4
Current through Register Vol. 46, No. 45, November 2, 2024
Section 53.4 - Priority ranking system scoring criteria(a) The total numerical score for the project or project segment being scored shall be the sum of the scores for technical and non-technical criteria as well as any additional points awarded pursuant to subdivision (d) of this section. (1) The technical criteria are: (i) MCL/treatment technique violations;(ii) other sanitary code violations; and(iii) system reliability and dependability issues.(2) The non-technical criteria are: (i) governmental needs; and(b) Eligible projects or project segments shall be scored on the basis of the following: (1)Technical Factors Score ...........................
(i) MCL treatment technique violations (more than one item may apply): (a) Microbiological: (1) surface water treatment rule: (i) filtration and/or groundwater wells, interconnection/purchase with adjacent water system in lieu of filtration; 100 . ...... (ii) filtration performance criteria (NTU compliance); and 50 . ...... (iii) CT disinfection; 30 . ...... (3) total coliform; 40 . ...... (b) Organics chemicals (POC/UOC) and disinfection by-products; 40 . ...... (c) Lead and copper/corrosion (mandated); 30 . ...... (d) Radiological; 25 . ...... (e) Inorganic/Physical: (1) nitrates; 50 . ...... (2) other health-related; 25 . ...... (3) aesthetic. 10 . ...... (ii) Other Sanitary Code (Subpart 5-1 of this Title) violations (more than one item may apply). The project need must be adequately supported by technical documentation, data, reports, etc.: (a) inadequate source capacity (public health hazard); 50 . ...... (b) inadequate distribution pressure (public health hazard); 25 . ...... (c) uncovered finished water storage (public health hazard). 25 . ...... (iii) System Reliability/Dependability Issues (more than one item may apply). The project need must be adequately supported by technical documentation, data, reports, etc.: (a) complete replacement or major rehabilitation of existing treatment facility for primary contaminants that has exceeded design life and/or does not meet the design standards in Recommended Standards for Water Works, 1987 edition, published by Health Research, Inc., P.O. Box 7126, Albany, NY 12224 and as subsequently revised, in lieu of treatment, replacement with an alternative source of supply, and/or interconnection with, or purchase from, adjacent water system; 20 . ...... (b) upgrade, replace and/or install major vulnerable system components to meet the design standards in Recommended Standards for Water Works, 1987 edition, published by Health Research, Inc., P.O. Box 7126, Albany, NY 12224, and as subsequently revised. Any of the following apply: 10 . ......
(1) a principal component integral of an existing filtration process such as sedimentation, flocculation, filtration, chemical feed, or backwashing (can only receive points for paragraphs [1][iii][a] or [1][iii][b][1]);(4) existing disinfection system for a ground water/surface water supply;(6) finished water or distribution storage; or(7) other water treatment systems for secondary contaminants only (or replacement of source instead of treatment).(c) Aged mains and appurtenances. 5 . ...... (d) Redundancy of critical components (pumps, valves, chemical feed-systems, etc.). 5 . ...... (e) Asbestos main replacement. 5 . ...... (f) Control/automation for operational efficiency (computerization, control valves, metering, laboratory upgrading). 5 . ...... (g) Inadequate source capacity which is not a public health hazard (can only receive points for paragraphs [1][ii][ a ] or [1][iii][ g ]). 5 . ...... (2)Non-Technical Factors(i) Governmental needs (more than one may apply). Additional points will be assigned to a project on the basis of the following State or local government needs, policies and/or requirements: (a) development of a water system or extending existing system to service contaminated or insufficient yielding private wells at existing residential housing (new systems are not eligible for points under paragraph 1); 40 . ...... (b) consolidation of water systems (can include improving technical, managerial and financial capacity development); 25 . ...... (c) system is dependent on an Environmental Protection Agency designated Sole Source Aquifer for its source. (These points can only be obtained if system scores points from paragraphs [1][i], [1][ii], [1][iii][ a ] or [1][iii][ b ][ 7 ]); 25 . ...... (d) a project that has received written commitment of funding from another governmental source ( e.g., co-funded with Clean Water SRF, Rural Development, HUD, etc.). These points do not apply to refinancing of projects; 10 . ...... (e) a project is consistent with Water Resources Management Strategy; 5 . ...... (f) a project proposes operational changes that improve and insure adequate technical, managerial and financial capacity of the system in order to insure compliance. 5 . ...... (iii) Financial need. The Median Household Income (MHI) of the community in which the water service area is located is used as a numerator and the Statewide MHI is used as the denominator in the following equation to determine the financial need factor. Community MHI × 100 = Factor Statewide MHI*
FACTOR | POINTS |
| <= 70 | 25 |
| > 70 to <= 77.5 | 20 |
| > 77.5 to <= 85 | 15 |
| > 85 to <= 92.5 | 10 |
| > 92.5 to <= 100 | 5 |
| > 100 | 0 |
* 1990 Statewide MHI is $32,965
The MHI of the community which the water service area is located and the statewide MHI will be determined by the department from the income data in the most recent United States census. If an applicant has reason to believe that the census data do not provide a sufficiently accurate representation of the MHI within the area to be served by that applicant's project, the applicant must so notify the department in writing and specifically document the facts which form the basis of this belief. The applicant shall also furnish the department with additional information which the department may use in determining the MHI of the project service area. Information will consist of reliable data from local, regional, State or Federal sources or from an income survey conducted by a reliable impartial source.
(3)Tie Breaking. In the event of a tie score for projects, the higher total score under Technical Factors (paragraph 1) will be used as a tie breaker. If this still results in a tie score, the size of the population served by the system will be used as a tie breaker. The larger population will be given preference. (c) The department has the sole authority to determine the existence of an emergency. Projects designed to address emergencies shall receive the highest priority ranking.(d) Additional points may be awarded to an eligible project in the following manner: (1) A phased project for which additional fund assistance has been conditionally committed in an executed project financing and loan agreement for long-term financing will be assigned 2,000 points in addition to its total project priority ranking system score.(2) A project for which additional fund assistance has been conditionally committed in an executed project financing and loan agreement for short-term financing will be assigned 1,000 points in addition to its total project priority ranking system score.(e) Notwithstanding the foregoing, an eligible project or portion thereof listed in category G, as identified in section 53.5(c)(5) of this Part, shall be evaluated based upon criteria set forth in section 53.5(c)(5) of this Part.N.Y. Comp. Codes R. & Regs. Tit. 10 § 53.4