Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-55 - REGULATION NO. 55 - STATE FUNDED WATER AND WASTEWATER INFRASTRUCTURE PROGRAMS
Section 5 CCR 1002-55.3 - WATER QUALITY IMPROVEMENT FUND CRITERIA
Current through Register Vol. 47, No. 5, March 10, 2024
(1) Entity Eligibility
Entities eligible for grants in Categories 1 thru 4 include:
Entities who pay a Colorado Water Quality Control Act civil penalty are prohibited from receiving a grant from this fund for a period of 5 years from the date of the payment of the penalty.
(2) Project Eligibility
As provided for under section 25-8-608 (1.7) (a), C.R.S., the fund will provide grants to the following project categories:
Category 1 - Stormwater management training and best management practices training to reduce the pollution of state waters.
Category 2 - Projects that improve the water quality in the community or water body which has been impacted by a water quality violation that resulted in a penalty being imposed.
Category 3 - Planning, design, construction, or repair of stormwater projects and domestic wastewater treatment facilities identified on the current fiscal year's Water Pollution Control Revolving Fund Intended Use Plan.
Category 4 - Nonfederal match funding for the current fiscal year's nonpoint source projects as approved by the commission.
(3) Funding Allocation
All civil penalties collected by the division shall be transmitted to the state treasurer for deposit to the credit of the fund created by section 25-8-502, C.R.S., for violations committed on or after May 26, 2006 and shall be subject to annual appropriations by the Colorado General Assembly. The division will post on its web page a list of violators that have paid into the Water Quality Improvement Fund. The following allocations from the fund will be made:
Category 1 -The division will allocate up to $300,000 of available funds with no one project initially receiving more than $100,000. If the entire $300,000 has not been fully utilized, the division will allocate the remaining Category 1 funds within the year per its prioritization procedures to eligible Category 1 project(s) which may result in certain projects ultimately receiving more than $300,000.
Category 2 - 10% of available funds following allocations to Category 1 projects.
Category 3 - 60% of available funds following allocations to Category 1 projects; no one project can receive more than 25% of the available funds allocated to this category.
Category 4 - 30% of available funds following allocations to Category 1 projects.
For Categories 1 thru 4, any funds not utilized in one category will be redistributed among the remaining categories based on their relative percentage of funding.
The division will retain five percent (5%) of the moneys allocated annually to the fund to cover the cost of administering Categories 1 thru 4.
Funds may be carried over from previous years' appropriations and reallocated based upon the above distribution on an annual basis.
(4) Project Prioritization Criteria
If the fund lacks sufficient funds to cover all requests within each category, Priority 1 projects will be funded prior to Priority 2 projects, which will be funded prior to Priority 3 projects, which will be funded prior to Priority 4 projects. If it is determined that there are insufficient funds, further prioritization criteria will be applied as identified under each category in this section. The division may reallocate funding among categories based upon lack of requests or eligible projects within any category.
Criteria for funding project proposals within each category as described in Section 55.3 are as follows:
Category 1 - Stormwater management training and best management practices training to reduce the pollution of state waters.
Priority 1 - Projects that implement stormwater management and best management practices training not previously available in Colorado, or previously limited in accessibility.
Priority 2 - Projects that will expand the content or availability of existing stormwater management and best management practices training.
Priority will be given to training providers that can demonstrate that training content will be relevant to implementation in Colorado with regard to Colorado's hydrology, climate and water rights, as applicable.
Priority will also be given to training providers that provide no- or low-cost training.
Additional prioritization criteria will include the expected water quality benefits, total population receiving training, availability of match, and readiness to proceed. Specific points available in each of these categories and tie breaking criteria will be included as an attachment to the request for application.
Category 2 - Projects that improve the water quality in the community or water body which has been impacted by a water quality violation.
Priority 1 - Projects that address impacts to a water supply designated use.
Priority 2 - Projects that address impacts to a recreation designated use.
Priority 3 - Projects that address impacts to an aquatic life designated use.
Priority 4 - Projects that address impacts to an agricultural or wetlands designated use.
Additional prioritization criteria will include financial/affordability, water quality benefits, permit compliance, readiness to proceed, and availability of match. Specific points available in each of these categories and tie breaking criteria will be included as an attachment to the request for application.
Category 3 - Planning, design, construction, or repair of stormwater projects and domestic wastewater treatment facilities identified on the current fiscal year's Water Pollution Control Revolving Fund Intended Use Plan.
Priority 1 - Projects that improve water quality in the community or water body impacted by a violation.
Priority 2 - Planning, design, construction, or repair of stormwater projects.
Priority 3 - Projects identified on the current Water Pollution Control Revolving Fund Intended Use Plan.
Additional prioritization criteria will include financial/affordability, water quality benefits, permit compliance, readiness to proceed, and availability of match. Specific points available in each of these categories and tie breaking criteria will be included as an attachment to the request for application.
Category 4 - Nonfederal match funding for nonpoint source projects.
Priority 1 - Projects that reduce or eliminate water quality impairments identified in Regulation #93 (5 CCR 1002-93), Colorado's Section 303(d) List.
Priority 2 - Projects that protect any established designated water quality use.
(5) Notification and Reporting
Applications for all of the Categories will be noticed and accepted by the division after the division determines availability of appropriation. For Categories 1 thru 3, applicants will be responsible for demonstrating the impacts of the violation on the affected water body or community, and the related water quality improvement project benefits. The division will accept applications for Category 4 projects in accordance with the annual nonpoint source project schedule. The division will evaluate all applications and determine the grant award(s) for each category based on the criteria in the Entity Eligibility Section, Project Eligibility Section, Funding Allocation Section and Project Prioritization Section.
Grant recipients for Categories 1 thru 4 will provide a final project report within 60 days of completion of the project. Final project reports shall include a detailed description of the project as implemented, all problems encountered and the solutions thereto, itemized project costs, a declaration that the project has been fully implemented as approved, and a description of the environmental and public health benefits resulting from implementation of the project. Information on the grant recipients, including project description and grant award, will be reported in the division's Annual Report to the commission, in accordance with section 25-8-305, C.R.S.
