Ala. Admin. Code r. 335-11-2-.03

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

Section 335-11-2-.03 - Eligible Projects

(1) The Fund may provide assistance to finance the costs of infrastructure needed to achieve or maintain compliance with requirements, and/or meet public health objectives of the SDWA. Examples include projects to:

(a) rehabilitate or develop sources to replace an existing contaminated source;

(b) install or upgrade treatment facilities if, in the Department's opinion, the project is the most economical and would improve the quality of drinking water to comply with primary or secondary standards;

(c) install or upgrade storage facilities, including finished water reservoirs, to prevent microbiological contaminants from entering the water system;

(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;

(e) implement green stormwater projects at publicly-owned facilities that are part of an eligible drinking water infrastructure project;

(f) install or retrofit water efficient devices;

(g) replace potable sources with non-potable sources (water reuse or water recycling);

(h) install renewable energy sources that are part of an eligible drinking water infrastructure project;

(i) To the extent funds are made available by the Department, refinance or buy eligible debt obligations of municipalities and intermunicipal and interstate agencies within Alabama at or below market rates, if the debt obligations were incurred after July 1, 1993;

(j) Guaranteeing or purchasing insurance for a local obligation to improve credit market access or reduce the interest rate of the obligations;

(k) Providing a source of revenue or security for the payment of principal and interest on revenue or general obligations bonds issued by the state if the proceeds of the sale of the bonds will be deposited in the fund; and,

(1) Any other use allowable by the United States Environmental Protection Agency and consistent with the Act.

(2) Land is an allowable cost only if it is integral to a project needed to meet or maintain compliance and further public health protection. In this instance, land that is integral to a project is only the land needed to locate eligible treatment or distribution projects. In addition, the acquisition must be from a willing seller.

(3) Projects must be ranked on the Department's project priority list and included in the DWSRF Intended Use Plan to be considered for funding.

Ala. Admin. Code r. 335-11-2-.03

New Rule: Filed October 23, 2012; effective November 27, 2012.

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, §§ 22-23B-1, 22-23B-2, 22-23B-3, 22-23B-12.