W. Va. Code R. § 64-49-5 - Project and System Eligibility
5.1. Both community and non-community
non-transient public water systems are eligible for drinking water treatment
revolving fund funding, with the following exceptions:
5.1.a. For-profit non-community non-transient
water systems; and
5.1.b. Federally
owned public water systems.
5.2. The eligible system shall not be
significantly out of compliance with any national or State drinking water
rules, regulations or variances unless the division determines that the
proposed project will enable it to come into compliance . The system shall
provide assurances to the division that the proposed project will enable the
system to attain compliance .
5.3.
Subdivisions 5.3.a through 5.3.g list examples of some of the types of projects
that may be funded by the drinking water treatment revolving fund . The examples
listed are not to be construed as an exhaustive or limiting list of potentially
eligible projects.
5.3.a. Examples of
eligible public health and compliance projects are projects to:
5.3.a.1. Facilitate compliance ;
5.3.a.2. Further health protection
objectives;
5.3.a.3. Address
exceedances of action levels and maximum contaminant levels (MCL=s) specified
in the Division of Health Legislative Rule, Public Water Systems, 64 CSR
3;
5.3.a.4. Prevent future
violations; and
5.3.a.5. Maintain
compliance .
5.3.b.
Examples of eligible restructuring projects are projects to:
5.3.b.1. Upgrade or replace infrastructure to
continue to provide the public with safe drinking water;
5.3.b.2. Replace aging infrastructure,
including, but not limited projects to:
5.3.b.2.A. Rehabilitate or develop water
sources to replace contaminated sources;
5.3.b.2.B. Install or upgrade treatment
facilities, if the installation or upgrading will improve the quality of
drinking water to comply with federal primary or secondary drinking water
standards as adopted in the Division of Health Legislative Rule, Public Water
Systems, 64 CSR 3;
5.3.b.2.C.
Install or upgrade storage facilities to prevent microbiological contaminants
from entering the water system; and
5.3.b.2.D. Install or replace transmission
and distribution pipes to prevent contamination caused by leaks or breaks in
the pipe, or improve water pressure to safe levels.
5.3.c. Projects to consolidate
water supplies are eligible when:
5.3.c.1.
Individual homes or public water systems have an inadequate quantity of
water;
5.3.c.2. A water supply is
contaminated; or
5.3.c.2.A. The system is
unable to maintain compliance for financial or managerial reasons.
5.3.d. The purchase of
a portion of another system's capacity is eligible for a loan, if the system to
be purchased is a small system which is part of a consolidation plan to bring
the system into compliance , and it is the most cost-effective solution for that
small system, when considering the buy-in and user fees.
5.3.e. The costs of project planning, design
and other related costs are eligible for drinking water treatment revolving
fund funding. Funding of the design of a project does not guarantee funding of
the project construction. The design loan assistance amounts shall be described
in the annual intended use plan.
5.3.f. Costs of preparing environmental
assessment reports (Section 11 of this rule) may be included as part of costs
of planning the project and are eligible costs from the drinking water
treatment revolving fund . The cost for the State to review the environmental
assessments is not eligible under the drinking water treatment revolving fund
and is considered administrative costs.
5.3.g. Land is an eligible cost only if it is
integral to a project that is needed to meet or maintain compliance and further
public protection. In this instance, land that is integral to a project is only
the land needed to locate eligible treatment or distribution
projects.
5.4. The
following projects and activities are not eligible for drinking water treatment
revolving fund assistance:
5.4.a. Dams or
rehabilitation of dams;
5.4.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;
5.4.c. Reservoirs, except
for finished water reservoirs that are part of the treatment process and are
located on the property where the treatment facility is located;
5.4.d. Laboratory fees for
monitoring;
5.4.e. Operation and
maintenance expenses;
5.4.f.
Projects needed mainly for fire protection;
5.4.g. Projects for systems in significant
non-compliance , unless funding will ensure compliance ; and
5.4.h. Projects primarily intended to serve
future growth.
5.5.
Projects which are designed solely for growth are not eligible for drinking
water treatment revolving fund assistance, although reasonable growth may be
part of an eligible project.
5.6.
Current and future monitoring, operation and maintenance expenditures are not
eligible for drinking water treatment revolving fund assistance.
Notes
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