Current through Register Vol. 41, No. 14, April 7, 2022
(a) Each applicant for financial assistance shall sign a
contract on the form or forms approved by the commission.
(b) The applicant shall agree to maintain the practice
according to maintenance procedures prescribed by the commission for 10 years
or the life of the practice, whichever is greater.
If the financial assistance recipient fails to maintain the
practice according to contract provisions, the recipient may be declared
ineligible for future financial assistance funds. The financial assistance
recipient may be required to repay financial assistance funds received on the
following pro rata basis if the amount is more than $100.00 and the recipient
has constructed or installed the practice within the following time limits:
(1) Five or fewer years: 100%;
(2) more than five years but six or fewer years: 80%;
(3) more than six years but seven or fewer years: 60%;
(4) more than seven years but eight or fewer years: 40%;
(5) more than eight years but nine or fewer years: 20%; and
(6) more than nine years but 10 or fewer years: 10%.
(d) Each recipient of state financial assistance for any
pollution control practice shall be responsible for proper operation and
maintenance and, if needed, modification of the facility or any other actions
to ensure satisfactory operation and continued pollution control, at the
(e) Each financial assistance recipient shall obtain a written
agreement to transfer the maintenance responsibilities specified in the event
of new ownership of the property where the practice was installed.
(f) If a recipient of financial assistance is determined by the
commission to be in noncompliance with the requirements of the contract for
financial assistance, upon notice by the district, the recipient shall bring
the property into compliance within the time specified by the commission, or
the repayment provisions of the application contract outlined in subsection (c)
above shall apply.
The provisions of the financial assistance application
contract shall not apply to a recipient of financial assistance if the
recipient's failure to comply is due to any of the following:
(1) Natural disasters;
(2) faulty design or construction, as determined by the
(3) any other situation beyond the control of the financial