(A) Applications
.
(1) Requirements.
To be eligible for disadvantaged community loan assistance for a given program
year, an applicant
must:
shall be
(a) Be on the project
priority list or have submitted a pre-application
nomination to be on the project priority list by the
pre-application
nomination deadline specified by the director.
; and
(b) Submit a complete application
for designation as a disadvantaged community on a form acceptable by the
director by the application deadline specified by the
director.
(B) Determination criteria for disadvantaged
communities
.
(1) After receipt and review of application
for designation as a disadvantaged community, the director may designate an
applicant as a disadvantaged community for the purposes of this chapter based
on consideration of at least the criteria set forth in paragraphs (B)(1)(a) to
(B)(1)(e) of this rule. Fulfillment of any one criterion does not guarantee
designation as a disadvantaged community.
(a)
Economic affordability. To be eligible for designation, applicants shall serve
communities or populations with costs per user for water and sewer services
that are greater than the statewide values.
(b) Health related issues. To be eligible for
designation, an applicant shall demonstrate the presence of indicators of
serious public health risks. Applicants with more serious public health risks
are more likely to be designated than those with less serious health
risks.
(c) Median household income
in the area served by the applicant as determined by the most recent final and
released U.S. census. Applicants serving communities or populations with median
household incomes less than the statewide median household income are more
likely to be designated than those serving communities or populations with
median household incomes equal to or higher than the statewide median household
income.
(d) Population. Applicants
serving relatively small populations are more likely to be designated than
those serving larger populations.
(e) Poverty rate in the area served by the
applicant as determined by the most recent
final and
released
data from the U.S. census
bureau. Applicants serving communities or
populations with a poverty rate greater than the statewide poverty rate will be
more likely to be designated than those serving populations with lower poverty
rates.
[For further reference see the "State of Ohio Drinking Water
Assistance Fund Program Management and Intended Use Plan" submitted by the
agency to the United States environmental protection agency each program year.
The draft and final versions for each program year can be obtained from "Ohio
EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH
43215, (614) 644-2752" or www.epa.state.oh.us/ddagwwww.epa.ohio.gov/ddagw.]
(2) The director may also consider
other factors such as unemployment, population growth, age distribution of
population, and other socio-economic factors in making determinations under
this rule.
(C) Loan
issuance to disadvantaged communities
.
(1) Applicants designated as disadvantaged
communities shall submit an application for loan assistance on the form
required by the director in order to be considered for disadvantaged assistance
from the water supply revolving loan account in accordance with section
6109.22 of the Revised
Code.
(2) Following receipt and
review of an application for loan assistance, the director may award financial
assistance from the water supply revolving loan account to an eligible
disadvantaged community upon a determination that the application meets the
current requirements established by the director under section
6109.22 of the Revised Code and
the improvements are necessary for the public water system to operate in
compliance with Chapter 6109. of the Revised Code.
(3) No more than
thirty per cent
the maximum
percentage allowed by the Safe Drinking Water Act (SWDA) of each
capitalization grant may be made available to provide subsidies to
disadvantaged communities. Each amount identified for disadvantaged assistance
and subsidies shall be available to be obligated for qualifying projects within
the time period allowed for in the applicable capitalization grant.
(4) Designation as a disadvantaged community
shall be made on an annual basis, for the program year for which the applicant
is seeking disadvantaged assistance or subsidy. Applicants may reapply and may
be designated by the director as a disadvantaged community in accordance with
this chapter annually.
(D) Loan assistance for disadvantaged
communities
. The
(1)
The amount, form, and duration of each award of disadvantaged
assistance or subsidy to a disadvantaged community shall be based on the
director's determination of the necessity for the disadvantaged assistance or
subsidy in relation to the ability of the eligible disadvantaged community to
comply with rule
3745-87-02
of the Administrative Code, comply with Chapter 6109. of the Revised Code, and
the availability of funding for this purpose.
(E) Duty to comply
.
The
(1) The failure or inability of a
disadvantaged community to obtain disadvantaged assistance or subsidy under
this chapter
of the Administrative Code in
no way alters the obligation of the public water system serving a disadvantaged
community to comply with all applicable Administrative Code rules governing
public water systems.
[Comment: The Safe Drinking Water Act,
"SDWA" means the Safe Drinking Water Act, 88 Stat. 1660 (1974 as amended
through 1996),
42 U.S.C.
300(f) and regulations
adopted thereunder.]
Notes
Ohio Admin. Code
3745-88-02
Effective:
9/10/2020
Five Year Review (FYR) Dates:
6/17/2020 and
09/10/2025
Promulgated
Under: 119.03
Statutory
Authority: 6109.04,
6109.22
Rule
Amplifies: 6109.04,
6109.22
Prior
Effective Dates: 10/01/2006, 07/16/2009
