N.H. Code Admin. R. Env-Wq 507.14

Current through Register No. 25, June 20, 2024

Section Env-Wq 507.14 - Assurances

Prior to receipt of financial assistance, the recipient shall provide evidence of the following, as applicable:

(a) Approved project plans and specifications;

(b) Agreement to develop a user charge system as required by 40 CFR § 35.2140 and sewer use ordinance as required by 40 CFR § 35.2130, RSA 485-A:5, and Env-Wq 305 prior to 80% of construction completion;

(c) Compliance with best practicable waste treatment technology;

(d) The sewer collection system is not subject to excessive infiltration/inflow (I/I) as defined in 40 CFR 35.2005 (16), as required by 40 CFR § 35.2120;

(e) Innovative and alternative treatment technologies were considered during design;

(f) Potential recreation and open space opportunities were considered;

(g) Compliance with federal DBE requirements, including bidding specifications, procurement efforts, and reporting accountabilities;

(h) Agreement to maintain project financial accounts as separate accounts and in accordance with generally accepted accounting principles (GAAP) as defined in 2 CFR Part 49 ;

(i) Agreement to conduct a financial audit in accordance with applicable federal requirements, such as 2 CFR Part 200 and OMB Circular A-133, for any fiscal year of the recipient in which federal funds from any source of $750,000 or greater are expended by the recipient or if otherwise required by the CWA or implementing regulations;

(j) A letter signed by an authorized representative certifying that the loan recipient who will be implementing the project has the necessary legal, financial, institutional, and managerial resources available to insure the construction, operation, and maintenance of the proposed project;

(k) For projects funded under §212 of the CWA, either:

(1) Certification that the applicant has developed and implemented an asset maintenance and renewal plan for the funded asset that includes:

a. An inventory of critical components of the funded asset(s);

b. An evaluation of the condition and performance of inventoried assets or asset groupings;

c. A certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and

d. A plan for maintaining, repairing, and, as necessary, replacing the funded asset(s) and a plan for funding such activities; or

(2) An agreement to develop and implement an asset maintenance and renewal plan as described in (1), above;

(l) Agreement to provide notice of initiation of operation to the department upon beginning operation of the project; and

(m) Completion of value engineering for projects greater than $20 million in construction costs, provided that if the project is subject to 33 U.S.C. § 1298(c), value engineering shall be completed for projects costing greater than $10 million.

N.H. Code Admin. R. Env-Wq 507.14

Derived from Number 2, Filed January 12, 2023, Proposed by #13511, Effective 12/20/2022, Expires 12/20/2032.