2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5308 - Application for Assistance; Requirements; Revenue Source; Acceptance; Notice of Additional Information Required; Approval or Disapproval of Application.

324.5308 Application for assistance; requirements; revenue source; acceptance; notice of additional information required; approval or disapproval of application.
Sec. 5308.
(1) To apply for assistance from the fund, a municipality shall submit the following, if applicable, as determined by the department:
(a) If assistance is in the form of a loan, financial documentation that a dedicated source of revenue is established, consistent with municipal bond obligations existing at the time assistance is requested, and pledged to both of the following purposes:
(i) If assistance is in the form of a loan, the timely repayment of the loan.
(ii) Adequate revenues from a user-based source to fund the operation and maintenance of the project.
(b) A planning document approved under section 5307.
(c) A certification by an authorized representative of a municipality affirming that the municipality has the legal, managerial, institutional, and financial capability to build, operate, and maintain the project.
(d) A letter of credit, insurance, or other credit enhancement to support the credit position of the municipality, as required by the department.
(e) A set of plans and specifications suitable for bidding.
(f) A certification from an authorized representative of the municipality that the applicant has, or will have before the start of construction, all applicable state and federal permits required for construction of the project.
(g) A certified resolution from the municipality designating an authorized representative for the project.
(h) A certification from an authorized representative of the municipality that an undisclosed fact or event, or pending litigation, will not materially or adversely affect the project, the prospects for the project's completion, or the municipality's ability to make timely loan repayments, if applicable.
(i) All executed intermunicipal service agreements, if applicable.
(j) An agreement that the municipality will operate the project in compliance with applicable state and federal laws.
(k) An agreement that the municipality will not sell, lease, abandon, or otherwise dispose of the project without an effective assignment of obligations and the written approval of the department and the authority.
(l) An agreement that all municipal project accounts will be maintained in accordance with generally accepted government accounting standards as defined and required under the federal water pollution control act.
(m) An agreement that the municipality will provide written authorizations to the department for the purpose of examining the physical plant and for examining, reviewing, or auditing the operational or financial records of the project, and that the municipality will require similar authorizations from all contractors, consultants, or agents with which it negotiates an agreement.
(n) An agreement that all municipal contracts with contractors will provide that the contractor and any subcontractor may be subject to a financial audit and that contractors and subcontractors shall comply with generally accepted governmental accounting standards.
(o) An agreement that all pertinent records must be retained and available to the department for a minimum of 3 years after initiation of the operation and that if litigation, a claim, an appeal, or an audit is begun before the end of the 3-year period, records must be retained and available until the 3 years have passed or until the action is completed and resolved, whichever is longer. As used in this subdivision, "initiation of the operation" means the date certain set by the municipality and accepted by the department, on which use of the project begins for the purposes for which it was constructed.
(p) If the project is segmented as provided in section 5309, a schedule for completion of the project and adequate assurance that the project will be completed with or without assistance from the fund or that the segmented project will be operational without completion of the entire project.
(q) An agreement that the project will proceed in a timely fashion if the application for assistance is approved.
(r) An application fee, if required by the department.
(2) The requirement under subsection (1)(a) for a dedicated source of revenue may include a revenue source pledged to repay the debt to the fund from sources including, but not limited to, 1 or more of the following:
(a) Ad valorem taxes.
(b) Special assessments.
(c) User-based revenue collections.
(d) General funds of the municipality.
(e) Benefit charges.
(f) Tap-in fees, or other 1-time assessments.
(3) The department shall accept applications for assistance from municipalities in the fundable range of the priority list that have approved planning documents. The department shall determine whether an application for assistance is administratively complete and notify the applicant within 30 days after receipt of the application specifying any additional information necessary to complete the application.
(4) The department shall approve or disapprove an application within 30 days of the determination that the application is complete.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. Act 132, Imd. Eff. June 30, 2022
Popular Name:
Act 451
Popular Name:
NREPA