Current through September 9, 2024
(a)
Standards
for eligibility.
In order to be eligible for assistance under this section, an
applicant must demonstrate:
(1) It is
a water company, as defined in Section
25-33a
of the General Statutes, which has less than ten thousand customers and owns,
maintains, operates, manages, controls or employs a water supply well which is
rendered unusable for potable drinking water; and
(2) That the Commissioner of Health Services
has stated in writing that the extent of pollution creates or can reasonably be
expected to create an unacceptable risk of injury to the health or safety of
persons using such groundwaters as a public or private source of water for
drinking or other personal or domestic uses; and
(3) That the Commissioner of the Department
of Environmental Protection has stated in writing that he is unable to
determine the person or municipality responsible for rendering the groundwaters
unusable for potable drinking water or he determines that the responsible
persons have no assets other than land, buildings, business machinery or
livestock and are unable to secure a loan at a reasonable rate of interest to
provide potable drinking water; and
(4) That the applicant has prepared an
engineering report in accordance with all of the applicable requirements
specified in Section
22a-471-1(f)
(1) of the Regulations of Connecticut State Agencies which has been approved by
the Commissioners of Environmental Protection and Health Services.
(b)
Grant application
procedures.
(1) Application. A water
company may apply for state funding assistance for up to fifty percent of the
cost of the engineering report and for up to fifty percent of the cost of the
most cost effective long term method of rendering the water supply in question
usable for potable drinking water. An application for grant assistance shall be
on a form prescribed by the Commissioner and shall include but not be limited
to:
(A) Evidence to support the eligibility
requirements specified in subsection (a);
(B) A detailed description of the most cost
effective long term method, as determined by the Commissioners of Environmental
Protection and Health Services, of rendering the water supply in question
usable for potable drinking water.
(2) Upon submittal of all required
information deemed necessary by the Commissioner, the application for
reimbursement of engineering report costs and for financial assistance in
providing the long term method of rendering the water supply usable for potable
drinking water shall be processed in accordance with either subsections (c) or
(d) of this section, as appropriate.
(c)
Grants from the Emergency Spill
Response Fund.
If the Commissioner of Environmental Protection, in accordance
with section
22a-471(b)
(2) (A) of the general statutes, as amended
by public act 85-407, determines that it is appropriate to make a grant to the
water company from the Emergency Spill Response Fund, established by Section
22a-451,
as amended, then the Commissioner shall transfer all grant application material
to the Commissioner of Environmental Protection and award of any grant will,
thereafter, be made in accordance with Section
22a-471-1
of the Regulations of Connecticut State Agencies.
(d)
Grants approved by the
authority.
(1) Each grant for an
engineering report and long term method of rendering the water supply usable
for potable drinking water shall be authorized by the Connecticut Development
authority or, if the authority so determines, by a committee of the authority
consisting of the chairman and either one other member of the authority or its
executive director. The Connecticut Development authority shall charge
reasonable application and other fees to be applied to the administrative
expenses incurred in carrying out the provisions of Section
25-33a
of the General Statutes, to the extent such expenses are not paid by the
authority or from monies appropriated to the Department of Economic
Development.
(2) The Commissioner
will evaluate each application and make such inquiries as he deems appropriate
in the circumstances in order to determine that the applicant meets the
applicable criteria for eligibility set forth in Sections
25-33b-4(a)
and (b), of these regulations. Grants will be awarded upon the favorable
conclusion of the Commissioner's evaluation and inquiry.
(3) Payment of grant funds may be made as a
whole or in lots either in advance of, concurrently with, or in reimbursement
to the water company for the expenditure of amounts for qualified expenses, in
each case as the Commissioner determines to be appropriate. In any event, grant
funds will be disbursed in a manner which discourages applicants from seeking
payment prior to the times moneys are actually required so as to obtain
investment earnings on such moneys.
(e) If a water company receives funding from
any other source or is compensated by a person who or municipality which is
responsible for rendering the groundwaters unusable for potable drinking water,
then the grants under this section shall be adjusted in accordance with
subparagraphs (A) and (B) of Section
22a-471(b)
(3) of the General Statutes, as
amended.
