Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-21 - GRANT PROGRAMS
Rule 391-3-21-.07 - Section 319(h) Nonpoint Source Implementation Grant

Universal Citation: GA Rules and Regs r 391-3-21-.07

Current through Rules and Regulations filed through September 23, 2024

(1) Statutory Basis: O.C.G.A. Secs. 28-5-120 et seq. and Secs. 12-5-20 et seq.

(2) General Scope and Purpose of the Grant Program: Under Section 319(h) of the Clean Water Act, the U. S. Environmental Protection Agency awards a Nonpoint Source Implementation Grant to the State to fund eligible projects that support the implementation of the most recent revision of the Georgia Nonpoint Source Management Plan. Section 319(h) Nonpoint Source Implementation Grant funds for the prevention, control and/or abatement of nonpoint sources of pollution are made available to eligible recipients in Georgia.

(3) General Terms and Conditions of the Grant: The general terms and conditions of the grant are:

(a) Section 319(h) Nonpoint Source Implementation Grant projects must specifically identify the nonpoint sources of pollution to be addressed and the activities proposed to prevent, control and/or abate these nonpoint sources of pollution.

(b) Maximum Federal reimbursement for a Section 319(h) Nonpoint Source Implementation Grant project is 60 percent of the total project cost.

Therefore, each recipient must provide non-Federal matching funds or in-kind services for a minimum of 40 percent of the total project cost.

(c) Types of activities which are eligible under Federal rules include: regulatory or non-regulatory programs for enforcement, technical assistance, financial assistance, education, training, technology transfer, TMDL implementation projects, watershed restoration projects, demonstration projects, update and refinement of nonpoint source programs and assessments, monitoring to assess the success of specific nonpoint source implementation projects, urban stormwater control activities that are not specifically required by draft or final NPDES permit, and certain ground water activities. Lake protection and restoration activities are eligible provided that they are not used for "in-lake" work such as aquatic macrophyte harvesting or dredging unless the nonpoint sources of pollution will be remediated.

(d) Section 319(h) Nonpoint Source Implementation Grant projects must conform to all applicable legal requirements including, but not limited to, Section 319, 40 CFR Part 31, 40 CFR Part 35, Subpart A, and 2 CFR Part 200, 2 CFR Part 1500, and the requirements of OMB Circular A-87, A-102 and A-110, and must be consistent with the goals, objectives and priorities in the most recent revision of the Georgia Nonpoint Source Management Plan.

(4) Eligible Recipients of the Grant: Eligible recipients of the Section 319(h) Nonpoint Source Implementation Grant funds include; local, regional and State units of government, local authorities which operate local government service delivery programs, regional commissions, resource conservation and development councils, local school systems, State college and universities, and State agencies. Local government applicants must have Qualified Local Government status, in compliance with the requirements of the Georgia Planning Act of 1989 and Service Delivery Strategy Law of 1997.

(5) Criteria for the Award: The Section 319(h) Nonpoint Source Implementation Grant funds are limited. Therefore, a competitive process is used to ensure that the most appropriate projects are selected for funding. Each project proposal will be evaluated to determine if the proposed project is an eligible activity, and all eligible project proposals will be ranked based on the selection criteria below. Section 319(h) Nonpoint Source Implementation Grant awards are contingent upon review and approval of the U. S. Environmental Protection Agency and funding by Congress.

(6) Key Ranking Factors for Competitive Project Selection: Project proposals must specifically identify the nonpoint sources of pollution to be addressed and the activities proposed to prevent, control and/or abate these nonpoint sources of pollution. Project proposals must also demonstrate cost effectiveness. Project proposals must also support the milestones and/or implementation activities described in the most recent revision of the Georgia Nonpoint Source Management Plan. Finally, project proposals must include an appropriate component to evaluate the effectiveness (i.e., measure of success) of the project (e.g., water quality monitoring, beneficial use assessment, environmental indicators).

If the project is implementing structural best management practices, the project must ensure that the practices will be properly operated and maintained for the reasonable lifespan of the project. In addition, the project must provide (for nitrogen, phosphorus and/or sediment) estimates of load reductions achieved by the project and (for streambank and wetlands protection or restoration projects) the linear feet of streambank, or acres of wetlands, protected or restored for the life of the project.

If a project proposal includes water quality monitoring, a detailed Sampling and Quality Assurance Plan (SQAP) or Quality Assurance Project Plan (QAPP) is required. The requirements for SQAP are contained in EPD's Guidance On Submitting Water Quality Data For Use By The Georgia Environmental Protection Division In 305(b)/303(d) Listing Assessments (SQAP). The requirements for QAPP are contained in EPA QA/G-5, Guidance for Quality Assurance Project Plans.

Project applications will be considered and based on the following criteria. At a minimum, all applications must propose to implement an existing watershed based plan that addresses USEPA's 9-Elements for Watershed Planning and whose area is equal to a single Hydrologic Unit Code (HUC) 10 or smaller. Those applications that do not meet this minimum requirement will not be considered for funding.

(7) Additional criteria to be used to select projects for funding:

The following selection criteria apply to all Section 319(h) Nonpoint Source Implementation Grant project proposals:

(a) Project proposals implementing a watershed-based plan that adequately address USEPA's 9-Elements for Watershed Planning for waters listed as impaired under Section 303(d) of the Clean Water Act, or,

(b) Project proposals implementing a watershed-based plan that adequately address USEPA's 9-Elements for Watershed Planning for waters listed as Category 1 under Section 305(b) of the Clean Water Act that supports USEPA's Healthy Watersheds Initiative.

(c) Project proposals that implement watershed-based plans that will result in measurable (i.e., quantitative) improvements in water quality by implementing structural and/or nonstructural best management practices to prevent, control and/or abate nonpoint sources of pollution.

(d) Project proposals implementing actions contained within watershed-based plans that adequately address USEPA's 9-Elements for Watershed Planning to alleviate the "criterion violated" identified in the Section 303(d) and Section 305(b) lists of waters, which are not supporting designated or beneficial uses due to nonpoint sources of pollution.

(e) Project proposals that support a watershed management approach utilizing cooperating partnerships and/or involving multi-governmental agencies. Emphasis will be placed on projects conducted in conjunction with other nonpoint source management activities within the watershed as well as projects conducted across jurisdictional boundaries.

(8) Additional priority will be given to projects that:

(a) Specifically target waterbodies impaired for violating and/or addressing pathogens, dissolved oxygen, sediment, and/or nutrients;

(b) Projects that propose implementing management practices identified within the appropriate Regional Water Plan;

(c) Demonstrate environmental benefits beyond addressing NPS impairments. These benefits may include but are not limited to: environmental justice, protection of healthy streams, air quality, water conservation, energy conservation, stream flow profile, habitat connectivity, and others;

(d) Demonstrate a match commitment of 50% or higher;

(e) Are located in priority watersheds, as determined by GAEPD and USEPA, and are focused on watershed-based implementation and restoration;

(f) Include administrative and/or managerial improvements that prevent and/or correct the adverse hydrologic impacts of increased impervious surface in a watershed. In order to receive this priority ranking, during the project period grantees must develop and implement items such as, development ordinances, stream buffer protections wider than state minimums, or other local mechanisms to ensure long-term success in minimizing the potential future impacts of hydrologic modifications; or

(g) Partner with local Non-Profit watershed groups established prior to the submittal of application.

(9) Additional priority may be given to project proposals that carry out specific activities that address and/or implement management measures, enforceable policies and mechanisms included in Georgia's Coastal Nonpoint Source Management Program.

(10) Projects that have not demonstrated successful administration of previous Section 319(h), Section 106, and/or Section 604(b) grant funded projects where applicable may receive a reduction in points during project review. Successful administration includes but is not limited to: completing all project activities during the contract period, meeting all required deadlines, completed the project on time and on budget, expending most or all grant funds requested on project activities, and providing adequate documentation as requested by GAEPD.

(11) Applications that do not follow all instructions and guidelines as described in GAEPD's General Guidelines: Section 319(h) Grant Nonpoint Source Implementation Grant, may not be reviewed or considered for recommendation for funding.

(12) Directions and Deadlines for Applying: Requests for copies of the general guidelines for preparing a Section 319(h) Nonpoint Source Implementation Grant proposal should be made to:

Georgia Department of Natural Resources

Environmental Protection Division

ATTN: NonPoint Source Program

2 Martin Luther King Jr. Drive

Suite 1462 East

Atlanta, Georgia 30334

Additional grant information, application materials and staff contact information may be found at the Division's website, http://epd.georgia.gov/.

Deadline for submitting proposals: Applications for grant award will be solicited via advertisement on the Division's website no later than January of each year and applications will be due no later than April. Specific application timeframes will be available via the Division's website.

O.C.G.A. §§ 28-5-120 et seq., 12-5-20 et seq.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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