Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS
Section 58.01.12.020 - PRIORITY RATING SYSTEM

Universal Citation: ID Admin Code 58.01.12.020

Current through August 31, 2023

Projects are identified for placement on priority lists by surveying eligible entities directly on an annual basis. Limited loan funds are awarded to projects based on priority ratings and readiness to proceed. Projects are rated by the Department on a standard priority rating form using public health, sustainability, the condition of the existing system and water quality criteria. (3-24-22)

01. Purpose. A priority rating system shall be utilized by the Department to annually allot available funds to wastewater and drinking water projects determined eligible for funding assistance under these rules. (3-24-22)

02. Wastewater Priority Rating. The priority rating system shall be based on a numerical point system. Priority criteria shall contain the following points: (3-24-22)

a. Public health emergency or hazard certified by the Idaho Board of Environmental Quality, the Department, a District Health Department or by a District Board of Health - one hundred and fifty (150) points. (3-24-22)

b. Regulatory compliance issues (e.g., noncompliance and resulting legal actions relating to infrastructure deficiencies at a wastewater facility) -- up to one hundred (100) points. (3-24-22)

c. Watershed restoration (e.g., implementation of best management practices or initiation of construction at wastewater collection and treatment facilities as part of an approved total maximum daily load plan, implementation of nonpoint source management actions in protection of a threatened water, or is part of a special water quality effort) -- up to one hundred (100) points. (3-24-22)

d. Watershed protection from impacts (e.g., improvement of beneficial use(s) in a given water body, evidence of community support, or recognition of the special status of the affected water body) -- up to one hundred (100) points. (3-24-22)

e. Preventing impacts to uses (nonpoint source pollution projects) -- up to one hundred (100) points. (3-24-22)

f. Sustainability efforts (e.g., prospective efforts at energy conservation, water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement) -- up to fifty (50) points. (3-24-22)

g. Affordability (current system user charges exceed state affordability guidelines) -- ten (10) points. (3-24-22)

03. Drinking Water Priority Rating. The priority rating system shall be based on a numerical points system. Priority criteria shall contain the following points. (3-24-22)

a. Public Health Hazard. Any condition that creates, or may create, a danger to the consumer's health, which may include any one (1) or more of the following, may be awarded a maximum of one hundred (100) points: (3-24-22)
i. Documented unresolved violations of the primary drinking water standards including maximum contaminant levels, action levels, and treatment techniques (to include maximum contaminant levels for acute and chronic contaminates); (3-24-22)

ii. Documented unresolved violations of pressure requirements; (3-24-22)

iii. Documented reduction in source capacity that impacts the system's ability to reliably serve water; (3-24-22)

iv. Documented significant deficiencies (e.g., documented in a sanitary survey) in the physical system that are causing the system to not reliably serve safe drinking water; or (3-24-22)

v. Documented unregulated contaminants that have been shown by EPA to be a risk to public health. (3-24-22)

b. General Conditions of Existing Facilities. Points shall be given based on deficiencies, which would not constitute a public health hazard, for pumping, treating, and delivering drinking water - up to sixty (60) points. (3-24-22)

c. Sustainability Efforts (e.g., prospective efforts at energy conservation, water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement) - up to fifty (50) points. (3-24-22)

d. Consent Order, Compliance Agreement Schedule, or Court Order. Points shall be given if the system is operating under and in compliance with a Consent Order, Compliance Agreement Schedule, or Court Order and the proposed construction project will address the Consent Order, Compliance Agreement Schedule, or Court Order - up to thirty (30) points. (3-24-22)

e. Incentives. Bonus points shall be awarded to systems that promote source water protection, conservation, economy, proper operation maintenance, and monitoring - up to ten (10) points. (3-24-22)

f. Affordability. Points shall be given when current system user charges exceed state affordability guidelines - ten (10) points. (3-24-22)

04. Rating Forms. Rating criteria for Section 020 set forth in rating forms that are available in the Handbooks. (3-24-22)

05. Priority List. A list shall be developed from projects rated according to Section 020, submitted for public review and comment, and submitted to the Board for approval. (3-24-22)

a. Priority Reevaluation. Whenever significant changes occur, which in the Department's judgment would affect the design parameters or treatment requirements by either increasing or decreasing the need for or scope of any project, a reevaluation of that priority rating will be conducted. (3-24-22)

b. Project Bypass. A project that does not or will not meet the Department schedule that allows for timely utilization of loan funds may be bypassed, substituting in its place the next highest ranking project(s) that is ready to proceed. An eligible applicant that is bypassed will be notified in writing of the reasons for being bypassed. (3-24-22)

06. Amendment of a Priority List. The Director may amend a Priority List as set forth in Section 995 of these rules. (3-24-22)

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