Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter B - Clean Water State Revolving Fund Priority System › Section IX-2123 - Introduction to the Clean Water State Revolving Fund (CWSRF) Priority System

Current through Register Vol. 50, No. 6, June 20, 2024
A. Introduction
1. On October 18, 1972, the Federal Water
					 Pollution Control Act Amendments became Public Law 92-500. PL 92-500 was
					 amended by PL 95-217, the Clean Water Act of 1977, PL 97-117, the Municipal
					 Wastewater Treatment Construction Grant Amendments of 1981, and by PL 100-4
					 (Water Quality Act of 1987).
2. The
					 primary aim of the
federal act
as defined in LAC 33:IX.2105 is
					 to "restore and maintain the chemical, physical, and biological integrity of
					 the nation's water." The federal act states the goal of suitable water quality
					 for recreational contact, and for protection and propagation of fish and
					 wildlife. In addition, the federal act emphasizes the need for controlling or
					 eliminating discharges of toxic pollutants through the control of point and
					 nonpoint sources of
pollution
as defined in LAC 33:IX.2105. A
					 permit program has been established to restrict pollutant discharges from
					 factories, municipalities, and large agricultural operations. The permit
					 program has been expanded to include pollutants entering the nation's water
					 through nonpoint sources, including stormwater runoff from municipalities,
					 factories, agricultural operations, and other sources that do not require NPDES
					 permits.
3. The Water Quality Act
					 of 1987 added title VI to the Clean Water Act, which provided for a program of
					 low interest loans. Section 603(c) of the federal act states that the amounts
					 of funds available to each state water pollution control revolving fund shall
					 be used only for providing financial assistance:
a. to any
municipality
as
					 defined in the LAC 33:IX.2105, intermunicipal, interstate, or state agency for
construction
as defined in the LAC 33:IX.2105 of publicly
					 owned treatment works as defined in section 212 of the Clean Water
					 Act;
b. for the implementation of a
					 management program established under
					 section
					 319 of the Clean Water Act;
					 and
c. for development and
					 implementation of a conservation and management plan under section 320 of the
					 Clean Water Act.
4.Section 603(g) of the federal act states
					 that the state may provide financial assistance with the state revolving loan
					 fund only if a construction project as described in subsection (c)(1) is on the
					 state's priority list under section 216 of the federal act. Assistance may be
					 provided regardless of the rank of a project on the list. Section 603(g) of the
					 federal act does not require that a project for the implementation of a
					 management program established under
					 section
					 319 of the federal act, and for
					 development and implementation of a conservation and management plan under
					 section 320 of the federal act shall be on the state's priority list to receive
					 financial assistance. These projects shall be included on the priority list and
					 assigned priority ratings in accordance with LAC 33:IX.2123.C.7.
5.Section 603(c) of the federal act states
					 that after public comment and review, each state shall prepare an annual plan
					 identifying the intended uses of the money to its revolving loan
					 fund.
6. The department has
					 established the state of Louisiana CWSRF priority system due to the federal
					 requirements of the program.
7.
					 This system provides a priority list of publicly owned treatment works projects
					 that meet the definition in section 212 of the federal act, and provides for
					 the selection of eligible projects to be included on the annual intended use
					 plan (IUP) for each year.