Current through Register Vol. 63, No. 9, September 1, 2024
(1) Priority shall be given to projects
necessary to ensure that municipal water and wastewater systems achieve or
maintain compliance with the requirements of:
(a) Drinking water quality standards
administered by the Oregon Health Authority Drinking Water Services;
or
(b) Water quality statutes,
rules, orders, or permits administered by DEQ or the Environmental Quality
Commission.
(2) If a
municipal water or wastewater system has not been issued a notice of
non-compliance by the governing regulatory authority, the Authority may
determine that a proposed project is eligible for assistance upon a finding
that one of the following has been met:
(a) A
recent letter has been issued by the appropriate regulatory authority, such as
the Oregon Health Authority Drinking Water Services, DEQ, or its contracted
agent, which indicates a high probability that the system owner will soon be
notified of non-compliance with either the Safe Drinking Water Act or the Clean
Water Act;
(b) The project would
assist a municipality achieve or maintain compliance with the Safe Drinking
Water Act or the Clean Water Act, as documented by a regulatory agency
recognized by the Authority as having responsibility for the protection of
water quality and the supply of clean drinking water; or
(c) The project would address an urgent need
including:
(A) Projects intended to address a
community drinking water health risk;
(B) Projects intended to address a community
drinking water supply concern;
(C)
Wastewater projects intended to address a surface water or groundwater quality
concern; or
(D) Stormwater projects
intended to reduce community vulnerability to flooding.
(3) The project must be consistent
with the acknowledged local comprehensive plan.
(4) When the Authority determines funds are
limited, it will apply the following prioritization criteria when selecting
water projects to receive funding:
(a) A
preference for projects located within rural economically distressed areas as
defined by the Oregon Business Development Department;
(b) A preference for projects that support a
municipality's efforts to achieve or maintain compliance with the Safe Drinking
Water Act and the Clean Water Act;
(c) A preference for projects that achieve
water project regionalization; and
(d) A preference for partnerships and
collaborative projects.
Statutory/Other Authority: ORS
285B.563 &
285A.075
Statutes/Other Implemented: ORS
285B.560 -
285B.599
