Ala. Admin. Code r. 335-11-2-.19 - Project Activities Not Eligible For Funding

(1) The Fund cannot provide funding assistance for the following projects and activities:

(a) Dams or rehabilitation of dams;

(b) Water rights, except if the water rights are owned by a system that is being purchased through consolidation as part of a capacity development strategy.

(c) Reservoirs, except for finished water reservoirs and those reservoirs that are part of the treatment process and are located on the property where the treatment facility is located.

(d) Laboratory fees for routine monitoring.

(e) Operation and maintenance expenses;

(f) Projects needed mainly for fire protection.

(g) Projects for water systems that lack adequate technical, managerial and financial capability, unless assistance will ensure compliance;

(h) Projects for water systems in significant noncompliance, unless assistance will ensure compliance;

(i) Projects with adverse environmental impact or strong public objection; or

(j) Operator training, except for initial start-up training by a vendor and/or design engineer for equipment installed by a DWSRF-funded project.

(2) The Fund may not provide any type of assistance to a system that has a history of non-compliance or lacks the technical, managerial or financial capability to maintain SDWA compliance, unless the owner or operator of the system agrees to undertake feasible and appropriate changes in operation or if the use of the financial assistance from the Fund will ensure compliance. These changes include consolidation or management changes that will ensure that the system has the technical, managerial, and financial capability. Costs associated with consolidation, such as legal fees and water buy-in fees, are eligible for funding.

(3) The Fund cannot provide assistance to any water system that is in significant noncompliance with any state drinking water regulation in accordance with ADEM Administrative Code, Division 7 or variance, unless ADEM conducts a review and determines that the project will enable the system to return to compliance and the system will maintain an adequate level of technical, managerial and financial capability to maintain compliance.

(4) The Fund cannot provide assistance to finance the expansion of any drinking water system solely in anticipation of future population growth. However, assistance may be provided to address population growth expected to occur over the useful life of the facility to be funded. If the primary purpose is to supply or attract growth, the project is not eligible to receive assistance. If the primary purpose is to solve a compliance or public health problem, the entire project, including the portion necessary to accommodate a reasonable amount of growth over its useful life, may be eligible.

Notes

Ala. Admin. Code r. 335-11-2-.19

New Rule: Filed October 23, 2012; effective November 27, 2012. Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Authors: Aubrey H. White III, Kris Berry

Statutory Authority: Code of Ala. 1975, §§ 22-23B-1, 22-23B-2, 22-23B-3, 22-23B-12.