West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-01 - Requirements governing disbursement Of loans And grants To governmental agencies For The design, acquisition Or construction Of water development projec › Section 44-1-6 - PL-660 Projects - state matching grants -cost overruns

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Eligibility for participation in program.
6.1.1. Governmental agencies eligible for
				participation in program. -- All municipal corporations, counties and other
				public bodies or any combination thereof not having but required to construct
				sewage treatment facilities, interceptor sewers and sewage collection systems and
				the Authority, when constructing such facilities to service such municipal
				corporations, counties or other public bodies, shall be eligible to participate
				in the program.
6.1.2. Application
				for participation in the program. -- Any eligible municipal corporation, county
				or other public body or any combination thereof which desires to participate in
				the program shall make a separate application to the Authority on forms
				prescribed by the Director of the Authority for each project for which such
				participation is desired.
6.1.3.
				Determination of priority for participation in program. -- The priority for each
				project for which an application is received by the Authority shall be fixed in
				relation to other projects for which applications are received by the Authority
				on the date which the applicant has satisfied the following conditions:
(a) Provided documentation satisfactory to the
				Authority that the project is a sewage treatment facility and/or interceptor
				sewers and/or collection system and that the project has received a commitment
				from the United States of America under PL-660 and has received a matching grant
				from the State of West Virginia and that the project is consistent with the
				applicable Comprehensive Plan of Water Management approved by the Director of the
				Division of Environmental Protection or is in the process of preparation by such
				Director and is not inconsistent with the standards set by the State
				Environmental Quality Board for waters of the state affected by the
				project;
(b) Demonstrated to the
				satisfaction of the Authority the correctness of the amount of cost overrun due
				to the project recognizing that the state portion of the overrun under this rule
				is directly related to the amount of the state matching grant and would be
				proportional, on a percentage basis, only to that amount;
(c) Delivered to the Authority an agreement for
				the construction, maintenance and operation of the project between the applicant
				and the Authority which is consistent with Section 6.5.1 of these rules, which
				has been authorized and approved by the legislative authority or authorities of
				the applicant and which has been executed by the applicant; and
(d) Provided certification that detailed plans,
				profiles, cross sections, estimates, specifications and such other necessary
				information has been approved by all legally required agencies.