Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.04 - Eligible Projects

Current through Register 1525, July 5, 2024
(1) Any drinking
			 water project of an eligible borrower is eligible to receive financial
			 assistance from the Trust pursuant to M.G.L. c. 29C, § 18 and
			 310 CMR 45.00. The Department
			 has determined that such eligible projects include, but are not limited to:
(a) Projects to address or prevent violations
			 of the public health standards in
			 310 CMR
			 22.00:
Drinking Water
and the SDWA,
			 including projects to come into or maintain compliance with MCLs and other
			 requirements for contaminants with acute health effects (
e.g
.,
			 the Surface Water Treatment Rule, the Total Coliform Rule, and nitrate
			 standards) and for contaminants with chronic health effects
			 (
e.g
., the Lead and Copper Rule and the Disinfection
			 Byproducts Rule), including the costs of system activities determined by the
			 Department to constitute an effective alternative to providing treatment to
			 come into or maintain compliance with
			 310 CMR
			 22.00:
Drinking Water
and the
			 SDWA;
(b) Projects to replace aging
			 infrastructure, if such projects are needed to maintain compliance or further
			 the public health goals and requirements in
			 310 CMR
			 22.00:
Drinking Water
and the SDWA,
			 including projects to rehabilitate or develop sources to replace contaminated
			 sources, install or upgrade treatment or storage facilities, and install or
			 replace transmission and distribution pipes to prevent contamination or improve
			 water pressure to safe levels;
(c)
			 Projects to consolidate and/or restructure a public water system
			 (
e.g
., to address a system with contaminated water supply or
			 when a system is in noncompliance or lacks adequate technical, managerial and
			 financial capability to maintain compliance);
(d) Land acquisition, but only if the
			 Department determines that such land is integral to a project and necessary to
			 meet or maintain compliance and further the protection of public health
			 (
e.g
., land needed to locate eligible treatment or
			 distribution projects);
(e) The
			 planning and/or design for any eligible project;
(f) Any eligible project which uses 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 45.00. The operation
			 and maintenance costs of such projects shall be ineligible for DWSRF
			 assistance;
(g) 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;
(h) Projects that are
			 intended to provide public water supply to consumers whose groundwater or
			 public or private wells are impacted by contamination that poses an
			 unacceptable health risk, as determined by the Department;
(i) Innovative water projects that utilize
			 new technology and which improve environmental or treatment quality, reduce
			 costs, increase access and availability of water, conserve water or energy or
			 improve management of drinking water; provided, that the technology has not
			 been commercially deployed, other than as a pilot project, previously in the
			 Commonwealth;
(j) Projects that are
			 necessary to connect an LGU to a facility of the Massachusetts Water Resources
			 Authority, if the LGU has paid or committed to pay the entry fee; and
(k) Projects that are a direct result of a
			 disaster affecting the service area that is the subject of a declaration of
			 emergency by the Governor.