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 44.07 - Financing Criteria

Current through Register 1525, July 5, 2024
(1) In general, the
			 Trust is authorized to structure the debt service costs on loans and other
			 forms of financial assistance for Eligible Projects that provide the financial
			 equivalent of a loan made at an interest rate equal to 2%. Notwithstanding the
			 foregoing, subject to the limits on contract assistance provided in M.G.L. c.
			 29C, § 6, the Trust may provide additional financial assistance that is
			 the financial equivalent of a loan made at an interest rate equal to 0%, as
			 provided in 310 CMR 44.07(1)(a) for Nutrient Removal Projects in communities
			 that have established Flow Neutral Land Use Controls, as provided in 310 CMR
			 44.07(2). Notwithstanding the foregoing, subject to the limits on contract
			 assistance provided in M.G.L. c. 29C, § 6, the Trust may provide
			 additional financial assistance that is the financial equivalent of a loan made
			 at an interest rate less than 2%, which may include principal forgiveness, as
			 determined by the Trust, for Qualifying Designated Projects, as provided in 310
			 CMR 44.07(4).
(2)
Nutrient Removal Projects
. Subject to the limits on
			 contract assistance provided in M.G.L. c. 29C, § 6, a Local Governmental
			 Unit applying for financial assistance for a Nutrient Removal Project, as
			 defined in
			 310 CMR 44.03, on the
			 Intended Use Plan for calendar year 2009 to calendar year 2069, is eligible for
			 loans and other forms of financial assistance at the financial equivalent of a
			 loan made at an interest rate at 0% if the Local Governmental Unit demonstrates
			 to the Department's satisfaction that it meets all of the following criteria:
(a) the Local Governmental Unit is not
			 currently subject, due to a violation of a nutrient-related total maximum daily
			 load standard or other nutrient based standard, to a Department enforcement
			 order, administrative consent order or unilateral administrative order,
			 enforcement action by the EPA or subject to a state or federal court order
			 relative to the proposed project, excluding any such order or action
			 establishing a schedule for coming into compliance with more stringent effluent
			 limitations contained in a NPDES renewal permit or permit
			 modification;
(b) the Local
			 Governmental Unit has a CWMP that has been approved by the Department or the
			 Department determines that the project is consistent with a 208 Plan;
(c) the project is consistent with the
			 regional water resources management plan including, but not limited to, a 208
			 Plan, if such a plan exists, as evidenced by written notice of such by the
			 Regional Land Use Planning Agency for the region where the Local Governmental
			 Unit is located; and
(d) the Local
			 Governmental Unit demonstrates in accordance with 310 CMR 44.07(3) to the
			 Department's satisfaction, in consultation with the Massachusetts Department of
			 Housing and Community Development and, where applicable, the Regional Land Use
			 Planning Agency for the region where the Local Governmental Unit is located,
			 that it has adopted Land Use Controls that ensure the overall wastewater flow
			 amount in the community will not increase as a result of sewering beyond the
			 flow amount authorized under the Land Use Controls that were in effect on the
			 date the Secretary issued a MEPA certificate for the CWMP or, if none exists,
			 the date of a 208 Plan, if such a plan exists.