Conn. Agencies Regs. § 25-33b-4 - Grants to investor-owned and municipally-owned water companies for potable water

(a) Standards for eligibility.

In order to be eligible for assistance under this section, an applicant must demonstrate:

(1) It is a water company, as defined in Section 25-33a of the General Statutes, which has less than ten thousand customers and owns, maintains, operates, manages, controls or employs a water supply well which is rendered unusable for potable drinking water; and

(2) That the Commissioner of Health Services has stated in writing that the extent of pollution creates or can reasonably be expected to create an unacceptable risk of injury to the health or safety of persons using such groundwaters as a public or private source of water for drinking or other personal or domestic uses; and

(3) That the Commissioner of the Department of Environmental Protection has stated in writing that he is unable to determine the person or municipality responsible for rendering the groundwaters unusable for potable drinking water or he determines that the responsible persons have no assets other than land, buildings, business machinery or livestock and are unable to secure a loan at a reasonable rate of interest to provide potable drinking water; and

(4) That the applicant has prepared an engineering report in accordance with all of the applicable requirements specified in Section 22a-471-1(f) (1) of the Regulations of Connecticut State Agencies which has been approved by the Commissioners of Environmental Protection and Health Services.

(b) Grant application procedures.

(1) Application. A water company may apply for state funding assistance for up to fifty percent of the cost of the engineering report and for up to fifty percent of the cost of the most cost effective long term method of rendering the water supply in question usable for potable drinking water. An application for grant assistance shall be on a form prescribed by the Commissioner and shall include but not be limited to:

(A) Evidence to support the eligibility requirements specified in subsection (a);

(B) A detailed description of the most cost effective long term method, as determined by the Commissioners of Environmental Protection and Health Services, of rendering the water supply in question usable for potable drinking water.

(2) Upon submittal of all required information deemed necessary by the Commissioner, the application for reimbursement of engineering report costs and for financial assistance in providing the long term method of rendering the water supply usable for potable drinking water shall be processed in accordance with either subsections (c) or (d) of this section, as appropriate.

(c) Grants from the Emergency Spill Response Fund.

If the Commissioner of Environmental Protection, in accordance with section 22a-471(b) (2) (A) of the general statutes, as amended by public act 85-407, determines that it is appropriate to make a grant to the water company from the Emergency Spill Response Fund, established by Section 22a-451, as amended, then the Commissioner shall transfer all grant application material to the Commissioner of Environmental Protection and award of any grant will, thereafter, be made in accordance with Section 22a-471-1 of the Regulations of Connecticut State Agencies.

(d) Grants approved by the authority.

(1) Each grant for an engineering report and long term method of rendering the water supply usable for potable drinking water shall be authorized by the Connecticut Development authority or, if the authority so determines, by a committee of the authority consisting of the chairman and either one other member of the authority or its executive director. The Connecticut Development authority shall charge reasonable application and other fees to be applied to the administrative expenses incurred in carrying out the provisions of Section 25-33a of the General Statutes, to the extent such expenses are not paid by the authority or from monies appropriated to the Department of Economic Development.

(2) The Commissioner will evaluate each application and make such inquiries as he deems appropriate in the circumstances in order to determine that the applicant meets the applicable criteria for eligibility set forth in Sections 25-33b-4(a) and (b), of these regulations. Grants will be awarded upon the favorable conclusion of the Commissioner's evaluation and inquiry.

(3) Payment of grant funds may be made as a whole or in lots either in advance of, concurrently with, or in reimbursement to the water company for the expenditure of amounts for qualified expenses, in each case as the Commissioner determines to be appropriate. In any event, grant funds will be disbursed in a manner which discourages applicants from seeking payment prior to the times moneys are actually required so as to obtain investment earnings on such moneys.

(e) If a water company receives funding from any other source or is compensated by a person who or municipality which is responsible for rendering the groundwaters unusable for potable drinking water, then the grants under this section shall be adjusted in accordance with subparagraphs (A) and (B) of Section 22a-471(b) (3) of the General Statutes, as amended.

Notes

Conn. Agencies Regs. § 25-33b-4

Effective June 27, 1986