Section 18 AAC 76.030 - Application process(a) The department will review and approve an application for financial assistance from the Alaska clean water fund according to criteria set out in 18 AAC 76.005 - 18 AAC 76.100. To apply for financial assistance, an applicant must submit (1) a completed application on forms provided by the department;(2) a resolution adopted by the applicant's governing body that authorizes the application and acceptance of the assistance;(3) certification from the applicant's attorney that the applicant has the legal authority to incur the debt that will be created by the financial assistance sought;(4) unless the department does not consider a project facility plan necessary in order to evaluate the project adequately, a project facility plan for a wastewater treatment facility, prepared and signed by a registered engineer, that demonstrates that (A) for a project subject to 33 U.S.C. 1383(c)(1), (i) the project will apply best practicable waste treatment technology as defined in 40 C.F.R. 35.2005(b)(7), as amended through June 25, 1997;(ii) more than one technology was considered in selecting the project design concept;(iii) opportunities to construct revenue-producing facilities and to make more efficient uses of energy and resources were considered;(iv) any related wastewater collection system is not subject to excessive infiltration or inflow;(v) innovative and alternative treatment technologies were evaluated;(vi) potential recreational and open space opportunities were analyzed;(vii) the selected treatment option is the most cost-effective, feasible alternative studied; and(viii) the proposed project will not have a significant negative environmental impact, as determined by the department, using criteria and standards set out in 18 AAC 76.040; or(B) for a project that is not subject to 33 U.S.C. 1383(c)(1), (i) the selected treatment option is the most cost-effective, feasible alternative studied; and(ii) the proposed project will not have a significant negative environmental impact, using criteria and standards set out in 18 AAC 76.040;(5) before proceeding with final design or construction, certification in a form provided by the department that the applicant (A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this chapter; and(B) has selected, to the maximum extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and energy conservation, taking into account(i) the cost of constructing the project or activity;(ii) the cost of operating and maintaining the project or activity over the life of the project or activity; and(iii) the cost of replacing the project or activity; or(C) may alternatively seek to satisfy the information required by the department in accordance with (4) of this subsection, if the department determines it is appropriate;(6) documentation of the availability of, and the commitment to use, one or more dedicated sources of revenue for repayment of the financial assistance;(7) certification that a separate account within the applicant's accounting system has been established through which financial assistance received from the Alaska clean water fund will be administered;(8) a value-engineering study if total building costs will exceed $10,000,000, unless the department waives this requirement;(9) a financial capability assessment for the proposed project, on a form provided by the department, that demonstrates the applicant's ability to repay the financial assistance as required in 18 AAC 76.050 and to operate and maintain the facility;(10) plans and specifications for the project, prepared and signed by a registered engineer, with a summary of design criteria;(11) for a publicly owned treatment works proposed for repair, replacement, or expansion and that is eligible for assistance under 33 U.S.C. 1383(c)(1), a fiscal sustainability plan; the applicant must submit the plan not later than the time of submission of the final disbursement request; the plan (A) must include (i) an inventory of critical assets that are a part of the treatment works;(ii) an evaluation of the condition and performance of inventoried assets or asset groupings;(iii) a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and(iv) a plan for maintaining, repairing, and, as necessary, replacing the treatment works, including how those activities will be funded; and(B) is subject to the department's certification that the plan meets the requirements of (A) of this paragraph;(12) any other information that the applicant believes will help demonstrate eligibility for financial assistance; and(13) any other information requested by the department.(b) An applicant may apply for financial assistance for preconstruction activities by submitting the information required under (a)(1), (2), (6), (7), (12), and (13) of this section.(c) The department will, in its discretion, approve a financial assistance application if (1) the project is on the department's priority list to receive funding during the fiscal year in which the financial assistance is requested;(2) money is available for the project;(3) the project is eligible for financial assistance from the Alaska clean water fund;(4) the applicant has demonstrated to the department's satisfaction its ability to repay the financial assistance;(5) the applicant has submitted, and the department has accepted, the information required under this section; and(6) the applicant has met the applicable requirements of 18 AAC 76.040.Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 12/29/2000, Register 156; am 9/10/2017,Register 223, October 2017Authority:AS 46.03.020
AS 46.03.032
AS 46.03.720