1. The Division
shall rank water projects using the following criteria:
(a) The Division shall determine whether each
water system qualifies as a public water system pursuant to
42 U.S.C. §
300j-12 to satisfy the requirements set forth
therein to receive loan assistance.
(b) The Division shall place each water
project into one of the following four classes:
(1) A Class I water project is intended to
address acute health concerns, including, without limitation, demonstrated
illness attributable to the public water system, significant noncompliance, a
court-ordered compliance or acute health concerns related to meeting the water
quality requirements of NAC
445A.453. The Division shall
prioritize Class I water projects, giving projects with a higher score priority
over projects with a lower score, according to the total score each receives
for:
(I) Demonstrated illness attributable to
the public water system, significant noncompliance, a court-ordered compliance
or acute health concerns related to meeting the water quality requirements of
NAC 445A.453, 5 points;
(II) Demonstrated or documented noncompliance
with the rules governing the maximum contaminant levels of microbiological
contaminants found in 40
C.F.R. §
141.63, 4 points;
(III) Being subject to an order to boil water
issued under the authority of the Chief Medical Officer, 4 points;
(IV) Demonstrated or documented noncompliance
with the rules governing the filtration and disinfection of surface water found
in 40 C.F.R. §§
141.70 to
141.75, inclusive, 3
points;
(V) Demonstrated or
documented noncompliance with the rule governing the maximum contaminant levels
of nitrate found in 40
C.F.R. §
141.62(b)(7)-(b)(9), 2
points; and
(VI) Any other factor
as provided in the intended use plan established for the year in which the
priority list is developed, 1 point for each factor.
(2) A Class II water project is intended to
address chronic health concerns by satisfying the requirements for water
quality set forth in NAC
445A.453 and
445A.455. The Division shall
prioritize Class II water projects, giving projects with a higher score
priority over projects with a lower score, according to the total score each
receives for:
(I) Demonstrated or documented
noncompliance with any one of the requirements for water quality set forth in
NAC 445A.453, 10 points
each;
(II) Exceeding any one of the
secondary drinking water standards found in NAC
445A.455, 1 point each;
or
(III) Any other factor as
provided in the intended use plan established for the year in which the
priority list is developed, 1 point for each factor.
(3) A Class III water project is intended to
address deteriorated, substandard or inadequate conditions in the public water
system. The Division shall prioritize Class III water projects, giving projects
with a higher score priority over projects with a lower score, according to the
total score each project receives for the following types of water projects:
(I) The consolidation of water supplies or
facilities to eliminate water supplies that are contaminated, eliminate
facilities that do not meet state regulations, or enable systems through a
physical or management consolidation to comply with technical, managerial and
financial capability requirements, 25 points;
(II) The rehabilitation or replacement of
treatment facilities that would improve the quality of drinking water to avoid
noncompliance with NAC
445A.453 and
445A.455, 20 points;
(III) The rehabilitation, replacement or
development of production facilities to replace contaminated sources, 15
points;
(IV) The installation or
upgrading of storage facilities associated with finished water reservoirs and
reservoirs that are part of a water treatment facility and located on the
property where the treatment facility is located to prevent microbiological
contaminants from entering the water system, 10 points;
(V) The installation or replacement of
transmission pipes to prevent contamination caused by leaks or breaks in the
pipes or to improve water pressure to satisfy the requirements of NAC
445A.6672, 8 points;
(VI) The installation or replacement of
distribution pipes to prevent contamination caused by leaks or breaks in the
pipes or to improve water pressure to satisfy the requirements of NAC
445A.6672, 6 points;
(VII) The installation of equipment,
facilities or devices to prevent contamination by backflow or cross-connections
and to satisfy the requirements of NAC
445A.67185 to
445A.67255, inclusive, 4
points;
(VIII) The installation of
metering, if the metering is intended to satisfy the requirements of water
conservation plans developed to comply with
NRS
540.121 to
540.151, inclusive, 704.662,
704.6622 and 704.6624, 3 points;
(IX) The installation or upgrading of
security-related equipment, facilities or devices, 3 points;
(X) The installation of computer control for
the water system, 3 points;
(XI)
Any work intended to correct any noncompliance by the water system with
applicable state or federal statutes or regulations or facilitate the
enforcement of such statutes or regulations, 3 points; and
(XII) Any other factor as provided in the
intended use plan established for the year in which the priority list is
developed, 1 point for each factor.
(4) A Class IV project consists of
refinancing any existing debt that was incurred after July 1, 1993, pursuant to
42 U.S.C. §
300j-12(f)(2).
(c) Regardless of the class in which a water
project is placed and in addition to the criteria applicable to the project
pursuant to paragraph (b), a project must be scored in accordance with the
following criteria:
(1) For the water system
having mapped its facilities and analyzed risks of failure in the system, the
expected dates for renewing and replacing its facilities and equipment, and the
sources and amounts of money needed to finance the operation, maintenance and
capital expenditures of the system, 5 points.
(2) For the water system having developed a
rate structure appropriate to build, operate and maintain the system, 5
points.
(3) For the water system
having specifically allocated money for the rehabilitation and replacement of
aging or deteriorating facilities and equipment, 5 points.
