Current through Reg. 49, No. 38; September 20, 2024
(a) Projects in an
IUP will be rated based upon the information, and any supporting documentation,
submitted by the Applicant on the project information form.
(b) Rating criteria. For projects authorized
under
33 U.S.C. §
1383(c)(1) (§212
projects) involving the construction or improvements to publicly owned
treatment works the following factors will be considered:
(1) Impacts to water quality--Projects that
protect stream segments and groundwater from pollution.
(2) Unserved areas--Projects that will bring
individual systems into a centralized system or projects that address on-site
systems.
(3) Regionalization of
treatment works--Projects that will consolidate and eliminate
systems.
(4) Reduction or
prevention--Projects that will reduce or prevent sewer system overflows and
inflow and infiltration.
(5)
Eligibility as a Disadvantaged Community--Projects located in disadvantaged
communities, as defined in Subchapter A of this chapter.
(6) Enforcement action--Corrective actions
imposed by judicial authority or the Commission.
(7) Innovative or alternative technology or
approaches--Projects that involve innovative or alternative technology or
approaches, such as providing for the reclaiming and reuse of water, otherwise
eliminate the discharge of pollutants, and utilize recycling techniques, land
treatment, new or improved methods of waste treatment management for municipal
and industrial waste (discharged into municipal systems) and the confined
disposal of pollutants, so that pollutants will not migrate to cause water or
other environmental pollution.
(8)
Effective Management--Whether an entity has adopted or plans to prepare an
Asset Management Plan and provide training to the Applicant's governing body
and employees, whether the project addresses water conservation and energy
efficiency, and whether the project implements a state or regional water
plan.
(9) Reduction in
Demand--Whether a majority of the funds being requested from the CWSRF for the
project will be used to implement measures to reduce the demand for publicly
owned treatment works capacity through water conservation, efficiency, or
reuse.
(10) Non-profits--If the
Applicant is a qualified nonprofit entity that has federal tax-exempt status,
whether a majority of the funds being requested from the CWSRF for the project
will be used to implement assistance to owners and operators of small and
medium publicly owned treatment works to either:
(A) plan, develop, and obtain financing for
eligible CWSRF projects, including planning, design, and associated
preconstruction activities; or
(B)
assist such treatment works in achieving compliance with the Act.
(11) Additional factors as
designated within the applicable IUP.
(c) Previously funded projects. Planning,
acquisition, or design projects, completed within three years from the closing
of the financial assistance will receive a priority for construction phase
funding if there are no significant changes that affect the original project
rating and the project is ready to proceed.
(d) For projects authorized under
33 U.S.C. §
1383(c)(2) (§319
projects) involving nonpoint source and projects authorized under
33 U.S.C. §
1383(c)(3) (§320
projects) involving estuary management, the following factors will be
considered:
(1) Public health--Ability to
improve conditions that a public health official has determined are a nuisance
and are dangerous to public health and safety and that may result from water
supply and sanitation problems in the area to be served by the proposed
project.
(2)
Groundwater--Minimization of impact of pollutants to an aquifer or
groundwater.
(3) Impaired water
body--Ability to improve conditions in any water body that does not meet
applicable water quality standards or is threatened for one or more designated
uses by one or more pollutants.
(4)
Eligibility as a Disadvantaged Community--Projects located in disadvantaged
communities, as defined in Subchapter A of this chapter.
(5) Additional factors as designated within
the applicable IUP.
(e)
For all projects authorized under
33 U.S.C. §
1383(c) that are made
eligible in the Intended Use Plan:
(1) Whether
a majority of the funds being requested from the CWSRF for the project will be
used to implement innovative approaches to manage, reduce, treat, or recapture
stormwater or subsurface drainage water.
(2) Whether a majority of the funds being
requested from the CWSRF for the project will be used to implement reuse or
recycling wastewater, stormwater, or subsurface drainage water.
(f) Emergency relief. Projects
that are affected by disasters and according to the following requirements:
(1) The Applicant must demonstrate that a
need for emergency relief from an imminent threat to public health, safety,
environment, or welfare exists. The Applicant must describe the nature of the
threat and provide a complete description of the proposed emergency relief
project.
(2) The Board may
authorize funding for the emergency relief project that meets the requirements
of this title or as described in an IUP
