Utah Administrative Code
Topic - Environmental Quality
Title R317 - Water Quality
Rule R317-101 - Utah Wastewater Project Assistance Program
Section R317-101-7 - Financial Assistance for NPS Projects
Universal Citation: UT Admin Code R 317-101-7
Current through Bulletin 2024-06, March 15, 2024
A. NPS Projects, as defined in Section 73-10c-2(9), are eligible for funding from the state revolving loan fund and from the Hardship Grant Program.
1. Funding to
individuals in amounts in excess of $150,000 will be presented to and
authorized funding by the Board. Funding of less than $150,000 will be
considered and authorized funding by the Executive Secretary.
2. The Executive Secretary, or another whom
the Board may designate, will authorize and execute NPS project loan agreements
, grant agreements , or both, with the applicant.
3. Eligible projects under the NPS project
funding programs include projects that:
a.
abate or reduce raw sewage discharges;
b. repair or replace failing individual
on-site wastewater disposal systems;
c. reduce untreated or uncontrolled runoff;
d. improve critical aquatic
habitat resources;
e. conserve
soil, water, or other natural resources;
f. protect and improve ground water quality;
g. preserve and protect the
beneficial uses of water of the state;
h. reduce the number of water bodies not
achieving water quality standards;
i. improve watershed management;
j. prepare and implement total maximum daily
load (TMDL) assessments;
k. are a
study, activity, or mechanism that abates, prevents or reduces water pollution;
or
l. supports educational
activities that promotes water quality improvement.
B. The following procedures apply to NPS project loans:
1. Projects will be
prioritized according to criteria established in Section
R317-100-4,
Utah State Project Priority System for the Utah Wastewater Project Assistance
Program.
2. The maximum term of
NPS program loans will be twenty years but not beyond a term exceeding the
depreciable life of the project.
3. The interest rate on NPS project loans
will be determined by the Board.
4. NPS project loans are exempt from
environmental reviews under the National Environmental Policy Act (NEPA) as
long as the funding of these projects is identified in Utah's NPS Pollution
Management Plan.
5. Security of
NPS project loans.
a. NPS project loans to
individuals in amounts greater than $15,000 will be secured by the borrower
with water stock or real estate. Loans less than $15,000 may be secured with
other assets.
b. For NPS project
loans to individuals the ratio of the loan amount to the value of the pledged
security must not be greater than 70%.
c. NPS loans to political subdivisions of the
state will be secured by a revenue bond, general obligation bond or some other
acceptable instrument of debt.
6. The Division will determine project
eligibility and priority. Periodic payments will be made to the borrower,
contractors , or consultants for work relating to the planning, design , and
construction of the project. The borrower must maintain and submit the
financial records that document expenditures or costs.
7. The Division, or its designee, will
perform periodic project inspections. Final payment on the NPS loan project
will not occur until a final inspection has occurred and an acceptance letter
issued for the completed project.
8. NPS project loan recipients will be billed
periodically for payments of principal and interest as agreed to in the
executed loan agreements or bond documents.
9. The Division, or its designee, will
evaluate the financial aspects of the NPS project and the credit worthiness of
the applicant.
C. The following procedures apply to NPS project grants. Hardship Grants may be considered for a NPS project that:
1.
addresses a critical water quality need or health hazard;
2. remediates water quality degradation
resulting from natural sources damage including fires, floods, or other
disasters;
3. would otherwise not
be economically feasible;
4.
provides financial assistance for a study, pollution prevention activity, or
educational activity; or
5.
implements provisions of TMDLs.
Disclaimer: These regulations may not be the most recent version. Utah 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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