Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.04 - Eligible Projects

Current through Register 1525, July 5, 2024
(1) Any water
			 pollution abatement project, as defined in
			 310 CMR 44.03, is
			 eligible to receive financial assistance from the Trust pursuant to
			 310 CMR 44.00. More
			 specifically, eligible projects fall into the following categories:
(a) Wastewater Treatment Projects, as defined
			 in
			 310 CMR
			 44.03;
(b) Infiltration Inflow (I/I) Projects, as
			 defined in
			 310 CMR
			 44.03;
(c) Collection System Projects, as defined in
			 310 CMR 44.03,
			 provided, however, that at least 85% of the expected wastewater flow into the
			 proposed collection system will be for wastewater flows in existence as of July
			 1, 1995, except, subject to the approval of the Department, in areas designated
			 as city or town centers, rural village districts, or brownfields redevelopment
			 areas, areas designated under M.G.L. c. 40R as "smart growth districts" or
			 projects in Growth Districts designated by the Executive Office of Housing and
			 Economic Development with the concurrence of the Executive Office of Energy and
			 Environmental Affairs;
(d) Nonpoint
			 Source Projects, as defined in
			 310 CMR 44.03,
			 including but not limited to projects financed under the Community Septic
			 Management Program within the Fund to assist eligible homeowners to upgrade
			 failed septic systems in compliance with
			 310 CMR 15.000:
The
			 State Environmental Code, Title 5: Standard Requirements for the Siting,
			 Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
			 Disposal Systems and for the Transport and Disposal of Septage
through
			 underlying betterment agreements between a Local Governmental Unit and such
			 homeowners;
(e) The planning and/or
			 design for any one of the project categories identified in 310 CMR 44.04(1)(a)
			 through (d), including but not limited to comprehensive wastewater management
			 planning under
			 310 CMR 44.09(2) and
			 (3) and planning projects which implement the
			 Nonpoint Source Management Plan, as developed and updated by the Department
			 pursuant to § 319 of the CWA, provided that the total funding allocated
			 for planning and/or design projects shall not exceed 10% of the total financial
			 assistance authorized on the calendar year Intended Use Plan Project Listing
			 portion of the priority list. The Department may modify the allocation of funds
			 consistent with its identification of planning and/or design projects as a
			 funding priority in a particular calendar year pursuant to
			 310 CMR
			 44.06(3);
(f) Any project in the categories identified
			 in 310 CMR 44.04(1)(a) through (d) which utilizes a single contractor to
			 design, build and/or operate the project facilities, provided the procurement
			 and use of such contractor is authorized by law, the project conforms with the
			 state constitutional requirements governing the use of Commonwealth funds for
			 public purposes, and the project otherwise meets the requirements of
			 310 CMR 44.00. The
			 operational costs of such projects shall be ineligible for SRF
			 assistance;
(g) Projects for the
			 development and implementation of a conservation and management plan under
			 § 320 of the CWA, 33 U.S.C. § 1330;
(h) The construction, repair, or replacement
			 of publicly- or privately-owned decentralized wastewater treatment systems that
			 treat municipal wastewater or domestic sewage;
(i) Publicly and privately owned, permitted
			 and unpermitted projects that manage, reduce, treat, or recapture stormwater or
			 subsurface drainage water;
(j)
			 Projects that reduce the demand for POTW capacity through water conservation,
			 efficiency, or reuse, regardless of whether the activity takes place at
			 publicly or privately owned properties;
(k) Projects that develop and implement a
			 watershed pilot project related to at least one of the six areas identified in
			 § 122 of the CWA, 33 U.S.C. § 1274: watershed management of wet
			 weather discharges, stormwater best management practices, watershed
			 partnerships, integrated water resource planning, municipality-wide stormwater
			 management planning, or increased resilience of treatment works;
(l) Projects that reduce energy consumption
			 needs for POTWs and related planning activities, such as energy audits and
			 optimization studies;
(m) Projects
			 that include the equipment and piping required to reuse or recycle wastewater,
			 stormwater, or subsurface drainage water;
(n) Projects that provide financial
			 assistance to any qualified nonprofit entity to provide assistance to small-
			 and medium-sized POTWs for training activities, planning, design, and
			 associated preconstruction activities and to assist POTWs in achieving
			 compliance with the CWA. Ongoing operation and maintenance activities are not
			 eligible;
(o) Acquisition of land
			 that is an integral part of the treatment system (
e.g
., land
			 for spray irrigation or subsurface disposal) and that is necessary for
			 construction of POTWs, including surface and subsurface easements, a place to
			 store equipment and material during construction, land needed to locate
			 eligible projects (
e.g
., pumping stations), and land integral
			 to the treatment process;
(p)
			 Projects that increase the security of POTWs; and
(q) Projects that use regional water
			 resources to offset, by at least 100%, the impact of water withdrawals on local
			 water resources in the watershed basin of the receiving
			 community.