216 R.I. Code R. 216-RICR-50-05-6.4

Current through December 26, 2024

Section 216-RICR-50-05-6.4 - Project Eligibility

A. Compliance with Drinking Water Regulations and Health Standards

1. The DWSRF may provide assistance only for expenditures (not including monitoring, operation, and maintenance expenditures) of a type or category which will facilitate compliance with the "Rules and Regulations Pertaining to Public Drinking Water".

2. Projects to address state and/or federal drinking water health standards that have been exceeded or to prevent future violations of these standards are eligible for assistance. This includes projects to extend the water lines of an existing public water system to an area served by contaminated private drinking water wells.

3. Projects to replace aging infrastructure are also eligible if they are needed to maintain compliance with the "Rules and Regulations Pertaining to Public Drinking Water".

B. Land Acquisition

1. Land acquisition is eligible only if it is integral to a project that is needed to meet or maintain compliance with the "Rules and Regulations Pertaining to Public Drinking Water". In this instance, land that is integral to a project is only the land needed to locate eligible treatment or distribution projects. In addition, the acquisition has to be from a willing seller. The purchase of land for source water protection is not eligible.

C. Restructuring

1. Projects to restructure a public water system that is in noncompliance with the "Rules and Regulations Pertaining to Public Drinking Water", or a public water system that lacks the technical, managerial or financial capability to maintain compliance with the "Rules and Regulations Pertaining to Public Drinking Water" may be eligible for assistance from the DWSRF under the following conditions:

a. Funding may be provided to assist an eligible public water system to consolidate with other public water systems only if the assistance will ensure that the system returns to and maintains compliance with the "Rules and Regulations Pertaining to Public Drinking Water".

b. If the system does not have the technical, managerial, and/or financial capability to ensure compliance, or is in significant noncompliance, the system may receive assistance only if:

(1) The assistance will ensure compliance; or

(2) The owner or operator of the system agrees to undertake appropriate changes in operations to ensure compliance. These changes include consolidation or management changes that will ensure that the system has the technical, managerial, and financial capability to ensure and maintain compliance with the SDWA and the "Rules and Regulations Pertaining to Public Drinking Water".

D. Planning and Design

1. Planning, design and other related activities for eligible projects, as determined by the Director in accordance with §§ 6.4(A), (B), and (C) of this Part, are eligible for funding. Planning, design, and other related activities may be handled as a separate project.

E. Refinancing of Existing Facilities

1. DWSRF funds may buy or refinance debt obligations of municipal, intermunicipal or interstate agencies, for eligible projects where the initial debt was incurred and construction started after July 1, 1993. Projects which are being refinanced must meet all the requirements of this Part, including eligibility criteria, compliance with all applicable state and federal laws and regulations, and environmental reviews.

F. Guarantee or Purchase Insurance for Local Debt Obligations

1. DWSRF funds may be used to guarantee or purchase insurance for local debt obligations undertaken to finance projects eligible for assistance. Projects for which DWSRF funds are being used to guarantee or purchase insurance for local debt obligations must meet all the requirements of this Part, including eligibility criteria, compliance with all applicable state and federal laws and regulations, and environmental reviews.

G. Projects not eligible for funding:

1. The DWSRF cannot provide funding assistance for the following projects and activities:

a. Dams, or rehabilitation of dams;

b. Water rights, except if the water rights are owned by a system that is being purchased through consolidation as part of a capacity development strategy;

c. Reservoirs, except for finished water reservoirs and those reservoirs that are part of the treatment process and are located on the property where the treatment facility is located;

d. Laboratory fees for monitoring;

e. Operation and maintenance expenses;

f. Projects needed mainly for fire protection;

g. Projects for systems that lack adequate technical, managerial and financial capability, as determined by the Director, unless assistance will ensure compliance;

h. Projects for systems in significant noncompliance, unless funding will enable the system to return to compliance;

i. Projects primarily intended to serve future growth. However, assistance may be provided to address population growth expected to occur over the useful life of the project to be funded.

216 R.I. Code R. 216-RICR-50-05-6.4