Current through Register Vol. XLI, No. 50, December 13, 2024
Section 44-1-5 - Step III projects - state grants5.1. Eligibility for participation in program.5.1.1. Governmental agencies eligible for participation in program. -- All municipal corporations, counties and other public bodies or any combination thereof required to construct sewage treatment facilities, interceptor sewers and sewage collection systems and the Authority, when constructing such facilities to service such municipal corporations, counties or other public bodies, shall be eligible to participate in the program.5.1.2. Application for participation in the program. -- Any eligible municipal corporation, county or other public body or any combination thereof which desires to participate in the program shall make a separate application to the Authority on forms prescribed by the Director of the Authority for each project for which such participation is desired.5.1.3. Determination of priority for participation in program. -- The priority for each project for which an application is received by the Authority shall be fixed in relation to other projects for which applications are received by the Authority on the date which the applicant has satisfied the following conditions: (a) Provided documentation satisfactory to the Authority that the project is a sewage treatment facility and/or interceptor sewers and/or collection system and that the project has received a commitment from the United States of America to make a grant of seventy-five percent (75%) of the Title II federal participation costs of the project and that the project is consistent with the applicable Comprehensive Plan of Water Management approved by the Director of the Division of Environmental Protection or is in the process of preparation by such Director and is not inconsistent with the standards set by the State Environmental Quality Board for waters of the state affected by the project;(b) Demonstrated to the satisfaction of the Authority provision for the repayment of any loans and service charges owed to the Authority by the applicant as provided in Section 5.3.1 of these rules;(c) Delivered to the Authority an agreement for the construction, maintenance and operation of the project between the applicant and the Authority which is consistent with Section 5.6.1 of these rules, which has been authorized and approved by the legislative authority or authorities of the applicant and which has been executed by the applicant; and(d) Provided certification that detailed plans, profiles, cross sections, estimates, specifications and such other requirements as are appropriate have been approved by all legally required agencies.5.1.4. Eligibility for participation in program if project should be combined with another project. -- If the Authority determines that a project for which application is made should be combined with another project or should serve governmental agencies not included as the applicant, the Authority may delay the date upon which the project's priority is established in relation to other projects for which applications are received until such date as the project is expanded to include the additional project or projects or governmental agency or agencies.5.2. Payment of costs of projects. 5.2.1. Payment of eligible project costs by Authority. -- Upon entering into the agreement between the Authority and the applicant referred to in Paragraph (c), Section 5.1.3 of these rules and determination of the project's priority pursuant to Section 5.1.3 of these rules, five percent (5%) of the total eligible project costs shall be paid by the Authority. In the event such agreement is terminated by the Authority pursuant to, and not in breach of, the provisions of such agreement, or by subsequent agreement of the parties, or in the event such agreement is terminated by the applicant whether or not in breach of this agreement, the state grant of five percent (5%) of the total eligible project costs will be immediately withdrawn.5.2.2. Source of payment of eligible project costs. -- The payment of five percent (5%) of the total eligible project costs by the Authority as provided in Section 5.2.1 of these rules, shall be made from funds appropriated to the Authority or from funds contained in Authority accounts which provide for such use.5.2.3. Distribution of moneys constituting eligible project costs. -- Unless the law governing a particular governmental agency requires otherwise, the Authority shall pay directly to the party from whom an eligible project cost has been incurred upon the approval by the applicant of such payment as to those eligible project costs which the applicant or one (1) of the governmental agencies constituting applicant has not paid from its own funds. As to those eligible project costs which the applicant or one (1) of the governmental agencies constituting the applicant has paid from its own funds, the Authority shall reimburse the applicant or such governmental agency upon an accounting to the Authority of such payment and a request for reimbursement. In the event the law controlling the governmental agency does permit the foregoing, an arrangement for the disbursement of the moneys from the Authority for payment of eligible project costs shall be made which is satisfactory to both the applicant and the Authority.
5.2.4. Availability of funds. -- The grant funds for the purposes herein provided will be disbursed to eligible projects as set forth in Section 5.1 of these rules and will be disbursed until all such projects have been satisfied or until the funds so provided have been exhausted, whichever comes first.5.3. Participation payments by applicant. 5.3.1. Amount and length of time of participation payments. -- As a part of the applicant's financing program for a Step III project, the loan and service charge provided by the Authority to cover the nonfederal or local share of all participating Step I and Step II projects shall be included so as to enable and require payment to the Authority the total amount of the loan and service charge as a first or initial disbursement from the funds obtained in the participant's financing program. In the event the Authority is the applicant for a Step I or Step II project, the funds obtained in financing the Step III project will be repaid to the Authority by the Step III applicant (the Authority) as hereinabove provided. In the event the applicant consists of more than one (1) governmental agency, the agreement referred to in Paragraph (c), Section 5.1.3 of these rules, shall set forth the respective shares of the total participation charge each governmental agency shall be required to pay.
5.3.2. Grants. -- The grant as herein provided is a grant of up to five percent (5%) of the total eligible project costs.5.4. Rights of access -- construction requirements.5.4.1. Rights of access to property. -- In the event the applicant or one (1) or more of the governmental agencies constituting the applicant either acquires or owns the real and personal property constituting the project, the Authority shall have rights of access to the project as may be reasonably necessary to inspect the construction of the project and as may be reasonably necessary to ensure the proper operation and maintenance of the project following construction. Similar rights of access shall be given by the Authority to the applicant if the Authority acquires or owns the real and personal property constituting the project.5.4.2. Requirements which governmental agency must follow when constructing project. -- If the project is constructed by applicant or one (1) or more of the governmental agencies constituting the applicant, such governmental agencies shall: (i) Obtain all federal, state, county and municipal approvals required under existing law in connection with the construction of the project; (ii) advertise for bids or construction contracts only after approval by the Authority; (iii) require that each construction contractor furnish a performance and payment bond in an amount equal to one hundred percent (100%) of his contract price as security for the faithful performance of his contract and payment of his subcontract; (iv) require that each of its contractors and subcontractors maintain during the life of his contract workers' compensation insurance, public liability, property damage and vehicle liability insurance in the amounts and in terms satisfactory to the Authority; (v) provide and maintain competent and adequate resident engineering services satisfactory to the Authority covering the supervision and inspection of the development and construction of the project and bearing the responsibility of ensuring that construction conforms with the approved surveys, plans, profiles, cross sections and specifications and certifying to the Authority and the applicant at the completion of construction that construction is in accordance with approved surveys, plans, profiles, cross sections and specifications or approved amendments thereto.5.5. Operation and maintenance of project.5.5.1. Option to determine who shall operate and maintain project. -- If the project serves directly the sewerage system of only one (1) governmental agency, the project may be operated and maintained by the Authority or the applicant at the option of the applicant. If the project serves directly the sewerage systems of more than one (1) governmental agency, the project may be operated and maintained by the Authority at the option of the Authority or by one (1) or more of the governmental agencies. Whether operated by one (1) or more than one (1) governmental agency, the operation and maintenance of the project must meet Authority requirements.5.5.2. Requirements which governmental agency must follow when operating and maintaining project. -- If the project is operated and maintained by applicant or one (1) or more of the governmental agencies constituting the applicant, such governmental agency shall: (i) Provide adequate operation and maintenance of the project to comply with the water quality standards established for the river basin affected thereby and with all applicable rules and regulations of the West Virginia Division of Environmental Protection; (ii) retain sufficient qualified operating personnel certified by the State of West Virginia to operate the project and perform all operational tests and measurements necessary to determine compliance with the preceding sentence (i) to ensure proper and efficient operation and maintenance of the project from time of commencement of operation until the approval of the discontinuance of the operation of the project by the Authority and all legally required agencies; (iii) operate and maintain the sewerage system or systems of the applicant which the project serves in a manner which is consistent with design capacity and capability of the project in accordance with a sewer-use ordinance or resolution acceptable to the West Virginia Public Service Commission; (iv) provide property and casualty insurance satisfactory to the Authority; (v) if the governmental agency shall fail to comply with either (i), (ii) or (iii) above, it shall permit the Authority at its discretion to remedy such default and it shall pay the cost of remedying such default to the Authority together with interest thereon from the date of payment by the Authority.5.5.3. Requirements which governmental agency must follow when Authority operates and maintains project. -- If the project is operated and maintained by the Authority, the applicant shall: (i) Agree to provide the funds necessary to pay the cost of operating and maintaining the project at such times as will permit the prompt payment of such costs by the Authority from the funds of the applicant; (ii) operate and maintain the sewage system or systems of the applicant which the project or treatment facility serves in a manner which is consistent with the design capacity and capability of the project and in accordance with a sewer-use ordinance or resolution acceptable to the Authority; (iii) cooperate fully with the Authority in the operation and maintenance of the project in relation to the operation and maintenance of the sewerage system which the project serves.5.6. Miscellaneous. 5.6.1. Agreement between Authority and applicant. -- The agreement between the Authority and the applicant referred to in Paragraph (c), Section 5.1.3 of these rules, shall be consistent with these rules and shall contain such additional provisions which the Authority determines are necessary to the implementation of these rules and ensure the proper carrying forward of the program.