Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-31-7 - Facilities Planning7.1. Facilities Plan Preparation. -- The applicant shall prepare a facilities plan as one component of its application for SRF loan assistance. The facilities plan shall establish the need for the project, evaluate alternative solutions, and select a cost-effective, environmentally sound project. The facilities plan also represents a public record of decision making and shall be written to provide the general public, municipal officials, and regulatory officials with a clear understanding of the problem, solutions, and consequences of the project. The applicant shall submit its completed facilities plan to the Secretary for review and approval.7.1.a. Facilities Plan Guidance. -- Prior to the submission of a facilities plan with an application for SRF loan assistance, a local entity should seek guidance from the Secretary concerning the preparation of an acceptable facilities plan. The local entity should seek this guidance during the early stages of project planning.7.1.b. Facilities Plan Contents. -- The facilities plan shall include or address: 7.1.b.1. The requirements set forth in Appendix A of this rule.7.2. Facilities Plan Review and Approval. 7.2.a. Facilities Plan Review. -- The Secretary shall review an applicant's facilities plan for completeness and conformance with the requirements of this rule and the Clean Water Act. During the review, the Secretary shall give special attention to the requirements set forth in the following sections of the Clean Water Act: 7.2.a.1. CWA Section 201(g)(1), which delineates the projects for which SRF loan assistance may be provided by the state;7.2.a.2. CWA Section 201(n)(1), which provides that funds under CWA Section 205 may be used for water quality problems due to discharges from combined sewer overflows if such discharges are a major state priority;7.2.a.3. CWA Section 201(o), which calls on the state to encourage and assist communities in the development of capital financing plans;7.2.a.4. CWA Sections 204(a)(1) and 204(a)(2), which require that an applicant's project be included in plans developed pursuant to CWA Sections 208 and 303(e);7.2.a.5. CWA Section 211, which requires that a major rehabilitation or replacement of collectors is not eligible for SRF loan assistance unless the collector is necessary to assure the total integrity of the treatment works or, for a new collector, that adequate capacity exists at the facility; and7.2.a.6. CWA Section 511(c), which requires that the state conduct an environmental review of the applicant's project as provided in section 6 of this rule.7.2.a.7. Facilities Plans shall be signed and sealed by a Professional Engineer licensed by the State of West Virginia.7.2.b. Facilities Plan Approval. -- The Secretary shall approve a facilities plan only after the applicant has satisfied all requirements contained in section 7 of this rule and an environmental review has been conducted in accordance with the provisions of section 6 of this rule.