Or. Admin. Code § 123-043-0035

Current through Register Vol. 63, No. 11, November 1, 2024

Section 123-043-0035 - Criteria and Limitations for Funding - Water Projects

Eligibility of projects funded with the fund is determined by the Authority using the criteria below:

(1) A municipal drinking water system, wastewater system, or storm drainage system has received a notice of non-compliance with:

(a) Drinking water quality standards administered by the Oregon Health Authority Drinking Water Services; or

(b) Water quality statutes, rules, orders, or permits administered by DEQ or the Environmental Quality Commission.

(2) If a municipal drinking water system, wastewater system, or storm drainage system has not been issued a notice of non-compliance as identified in OAR 123-043-0035(1), the Authority may determine that a proposed project is eligible for assistance upon a finding that one of the following has been met:

(a) Documentation has been issued by the appropriate regulatory authority, such as the Oregon Health Authority Drinking Water Services, DEQ, or a contracted agent of those agencies, which indicates a high probability that the system will soon be notified of non-compliance, or the project will assist with achieving or maintaining compliance with:

(A) Drinking water quality standards administered by the Oregon Health Authority Drinking Water Services; or

(B) Water quality statutes, rules, orders, or permits administered by DEQ or the Environmental Quality Commission.

(b) If a municipal drinking water system, wastewater system, or storm drainage system does not have documentation as identified in OAR 123-043-0035(1) or (2), the Authority may determine that a proposed project is eligible for assistance upon a finding that a project would address an urgent need including:

(A) Projects intended to address a community drinking water health risk;

(B) Projects intended to address a community drinking water supply concern;

(C) Wastewater projects intended to address a surface water or groundwater quality concern; or

(D) Stormwater projects intended to reduce community vulnerability to flooding.

(3) The project must be consistent with the acknowledged local comprehensive plan.

(4) When the Authority determines funds are limited, it will apply the following prioritization criteria when selecting water projects to receive funding:

(a) A preference for projects located within rural economically distressed areas as defined by the Oregon Business Development Department;

(b) A preference for projects that support a municipality's efforts to achieve or maintain compliance with:

(A) Drinking water quality standards administered by the Oregon Health Authority Drinking Water Services; or

(B) Water quality statutes, rules, orders, or permits administered by DEQ or the Environmental Quality Commission.

(c) A preference for projects that achieve water project regionalization; and

(d) A preference for partnerships and collaborative projects.

Or. Admin. Code § 123-043-0035

EDD 7-2002, f. & cert. ef. 4-26-02; EDD 1-2003(Temp) f. 2-20-03, cert. ef. 2-24-03 thru 6-30-03; Reverted to EDD 7-2002, f. & cert. ef. 4-26-02; EDD 8-2003(Temp), f. & cert. ef. 9-24-03 thru 3-22-04; EDD 9-2004, f. & cert. ef. 3-22-04; EDD 11-2006, f. & cert. ef. 11-3-06; EDD 14-2008(Temp), f. & cert. ef. 4-9-08 thru 10-5-08; EDD 32-2008, f. 10-2-08, cert. ef. 10-3-08; EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09; OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10; OBDD 30-2010, f. 6-30-10, cert. ef. 7-1-10; OBDD 12-2013, f. 12-30-13, cert. ef. 1-1-14; OBDD 11-2019, amend filed 09/04/2019, effective 9/4/2019; OBDD 20-2024, amend filed 09/12/2024, effective 9/12/2024

Statutory/Other Authority: ORS 285B.563 & 285A.075

Statutes/Other Implemented: ORS 285B.560 - 285B.599