Ala. Admin. Code r. 335-11-1-.11

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-11-1-.11 - Application Procedures

(1) Pre-Applications for CWSRF assistance may be submitted at anytime during the year. Projects subject to subsidy must submit applications on or before the date established by the Department.

(2) Full applications for CWSRF assistance shall be submitted by the deadline established each year by the Department or by the date agreed upon by the Department and the applicant. The application shall include full and complete documentation and any supplementary materials that the Department may require.

(3) Submissions that do not substantially comply with this chapter shall not be processed, and shall be returned to the applicant.

(4) The following shall be submitted when applying for CWSRF assistance:

(a) A complete application form, with supporting documents;

(b) A resolution passed by the public body authorizing the filing of an application for assistance, specifying the individual authorized to sign the application on behalf of the applicant. If two or more public bodies are involved in the project, a resolution is required from each, indicating the lead applicant and the authorized representative;

(c) Statement of assurances as provided by the Department;

(d) Plans and specifications for the project;

(e) Project cost breakdown;

(f) Projected cash flow schedule;

(g) Construction schedule;

(h) For publicly-owned treatment works or projects dependant on sewer revenues for repayment, a copy of the sewer use ordinance and residential user charge rates;

(i) Site certificate from the applicant's legal counsel and the authorized representative as to title or mechanism to obtain title necessary for project sites and easements;

(j) Certification that the applicant has received any required NPDES permits from the Department for operation of the project;

(k) A statement from the applicant indicating that it has not violated any federal, state, or local law pertaining to fraud, bribery, graft, kickback, collusion, or conflicts of interest relating to or in connection with the planning, design, and construction of the project;

(l) An environmental information document in such format as the Department may require;

(m) For assistance provided to publicly owned treatment works, if the sanitary sewer system is subject to excessive inflow/infiltration, assurance must be provided by the applicant that the necessary repairs will be made in a timely manner.

(n) A statement from the applicant which indicates if it used the services of a person for planning or design of the project whose name appears on the Federal list of debarments, suspensions and voluntary exclusions;

(o) Executed intermunicipal agreements, if required;

(p) Draft engineering agreements for construction services which specify engineering and inspection costs to be funded from CWSRF Funds;

(q) A description of how the applicant plans to repay the fund loan with supporting documentation as required by the Department; and,

(r) Any other information the Department may require to ensure the eligibility of the project and to evaluate the financial, technical, and managerial capacity of the applicant.

(5) Applicants shall obtain all necessary federal, state and local permits and approvals prior to the award of an assistance agreement. Excluded from prior acquisition are permits and approvals that are impractical to obtain prior to execution of the assistance agreement (e.g., construction permit, road opening permit, blasting permit, etc.).

Ala. Admin. Code r. 335-11-1-.11

New Rule: Filed August 31, 2010; effective October 4, 2010.

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, §§ 22-34-1, 22-34-2, 22-34-3.