Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-12-5 - Project and System Eligibility5.1. Both community and non-community non-transient public water systems are eligible for Drinking Water Treatment Revolving Fund funding, with the following exceptions: 5.1.1. For-profit non-community non-transient water systems; and5.1.2. Federally owned public water systems.5.2. The eligible system shall not be significantly out of compliance with any national or State drinking water rules, regulations, or variances unless the Instrumentality determines that the proposed project will enable it to come into compliance. The system shall provide assurances to the Instrumentality that the proposed project will enable the system to attain compliance.5.3. Projects must conform to USEPA guidance to be considered eligible for funding by the DWTRF.5.4. The purchase of a portion of another system's capacity is eligible for a loan, if the system to be purchased is a small system which is part of a consolidation plan to bring the system into compliance, and it is the most cost-effective solution for that small system, when considering the buy-in and user fees.5.5. The costs of project planning, design and other related costs are eligible for DWTRF funding. Funding of the design of a project does not guarantee funding of the project construction. The design loan assistance shall be described in the annual Intended Use Plan.5.6 Costs of preparing environmental assessment reports (Section 11 of this rule) may be included as part of costs of planning the project and are eligible costs from the DWTRF.5.7. Land is an eligible cost only if it is integral to a project that is needed to meet or maintain compliance and further public protection. In this instance, land that is integral to a project is only the land needed to locate eligible treatment or distribution projects. Land must be acquired from a willing seller and condemnation may not be used.5.8. Ineligible projects. The following projects are ineligible for assistance from the DWTRF: 5.8.1. Expenditures that do not facilitate compliance with the national primary drinking water regulations or do not otherwise significantly further the public health protection objectives of the SDWA.5.8.2. Projects that are deemed ineligible by the USEPA.5.8.3. Reservoirs or rehabilitation of reservoirs, except for finished water reservoirs and those reservoirs that are part of the treatment process and are on the property where the treatment facility is located.5.8.4. Projects needed primarily for fire protection.5.8.5. Projects needed primarily to serve future population growth. Projects must be sized only to accommodate a reasonable amount of population growth expected to occur over the useful life of the facility.5.8.6. Projects that have received assistance from the national set-aside for Indian Tribes and Alaska Native Villages under section 1452(i) of the Act.5.9. Ineligible project-related costs. The following project-related costs are ineligible for assistance from the DWTRF: 5.9.1. Laboratory fees for routine compliance monitoring.5.9.2. Operation and maintenance expenses.