Okla. Admin. Code § 785:50-9-21

Current through Vol. 42, No. 7, December 16, 2024

Section 785:50-9-21 - Eligible project

(a) The categories of wastewater projects eligible for assistance are as described in the Clean Water Act Section 603(c) and other water quality projects as defined under 82 O.S. § 1085.51 as amended.

(b) The Board will determine annually the amount of funding necessary and the project categories that will be placed on the fundable portion of the Priority List.

(c) Costs associated with the planning or assessing, design and building of the eligible categories of projects are considered allowable by the Board. Eligible construction costs will be based on the lowest responsible bidder.

(d) Eligibility for equivalency projects is subject to the applicable Federal requirements under the Clean Water Act.

(e) Additionally, the Board shall consider the following issues in determining project eligibility:

(1)Capacity funding limitations. The eligible capacity shall be determined using average dry weather flow and peak flows in accordance with population and per capita flow estimates provided by the applicant. Project capacity must be consistent with environmental constraints.

(2)Collection systems. The common lateral sewers, within a publicly owned treatment system, which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual systems, or from private property, and which include service "Y" connections.

(3)Population and flow projections. Section 208 Areawide Water Quality Management Plan population and flow projections will be used to determine the eligible project capacity. A discussion of the local projections should be included in the planning document.

(4)Land costs. The Clean Water Act Section 212(2)(A) states land costs are allowed to include acquisition of the land that will be an integral part of the treatment process (including land use for the storage of treated wastewater in land treatment systems prior to land application) or will be used for ultimate disposal of residues resulting from such treatment and acquisition of other land, and interests in land, that are necessary for construction. The Clean Water Act expands the definition of treatment works to include land necessary for construction, leasing and fee-simple purchase of land, surface and subsurface easements, a place to store equipment and material during construction and land needed to locate eligible projects.

(5)On-site systems. Treatment and collection systems constructed at or near the wastewater source where the system serving individual structures or groups of structures are cost-effective and are owned and operated by the loan recipient.

(6)Brownfield remediation. The types of storm water and Brownfield activities that may be qualified for Clean Water SRF funding include, but are not limited to: excavation and disposal of underground storage tanks; constructing wetlands or other filtering mechanisms; capping wells; excavation, removal and disposal of contaminated soil or sediments; tunnel demolition; well abandonment; and all phases of brownfield assessments or planning required by the Department.

Okla. Admin. Code § 785:50-9-21

Added at 10 Ok Reg 3333, eff 7-1-93 ; Amended at 15 Ok Reg 2881, eff 7-1-98 ; Amended at 17 Ok Reg 2772, eff 7-1-00 ; Amended at 19 Ok Reg 2531, eff 6-27-02 ; Amended at 20 Ok Reg 2622, eff 7-11-03 ; Amended at 23 Ok Reg 3086, eff 7-27-06 ; Amended at 28 Ok Reg 1026, eff 7-1-11 ; Amended at 30 Ok Reg 989, eff 6-13-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018