reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Section 173-95A-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter:
(1)
Activities
see water
			 pollution control activities.
(2)
Applicant
means a public body that has applied for
			 funding.
(3)
Best management
			 practices
(BMP) means physical, structural, and/or managerial practices
			 approved by the department that prevent or reduce pollutant
			 discharges.
(4)
Cash
			 match
means funds used to match the state share of a grant.
(5)
Ceiling amount
means the
			 highest level of financial assistance the department can provide to a recipient
			 for an individual project.
(6)
Centennial
means the centennial clean water program.
(7)
Commercial, industrial, and
			 institutional flows
mean the portion of the total flows to a facility
			 that originate from large commercial establishments, industrial facilities, or
			 institutional sources such as state schools, hospitals, and prisons.
(8)
Competitive funding
means
			 funds available for projects through a statewide evaluation process.
(9)
Completion date
or
expiration date
means the date indicated in the funding agreement
			 in which all milestones and objectives associated with the goals of the project
			 are met.
(10)
Concentrated
			 animal feeding operation
(CAFO) means:
(a) An animal livestock feeding operation
			 that discharges animal waste to the waters of Washington state more frequently
			 than the twenty-five-year, twenty-four-hour storm event; or
(b) An animal livestock feeding operation
			 that is under a department administrative order, notice of violation, or a
			 National Pollution Discharge Elimination System permit; or
(c) An animal livestock feeding operation
			 that will be required to have a National Pollution Discharge Elimination System
			 permit coverage in the near future; or
(d) An animal livestock feeding operation
			 designated by the Environmental Protection Agency as polluting the waters of
			 Washington state.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 1 - ELIGIBLE PROJECT TYPES › Section 173-95A-100 - Grant and loan eligible

Current through Register Vol. 24-14, July 15, 2024
Certain projects or project elements, including but not
				  limited to the following may be eligible for centennial loan or grant
				  assistance:
(1)
Aquatic plant
				control
when the water quality degradation is due to the presence of
				aquatic plants, and the source(s) of pollution can be addressed sufficiently to
				ensure that the pollution is eliminated;
(2)
BMP implementation
on
				private property:
(a) Best management
				practices that consist of new, innovative or alternative technology not yet
				demonstrated in the department's region in which it is proposed;
(b) Best management practices in the riparian
				buffer or zone, such as revegetation or fence construction and where a
				conservation easement or landowner agreement is granted by the landowner;
				and
(c) Other water quality best
				management practices that are evaluated and approved by the department on a
				case-by-case basis, and where a conservation easement or landowner agreement is
				granted by the landowner;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 1 - ELIGIBLE PROJECT TYPES › Section 173-95A-110 - Loan only eligible

Current through Register Vol. 24-14, July 15, 2024
Certain projects or project elements including, but not
				  limited to, the following may be eligible for centennial loan
				  assistance:
(1)
CAFOs,
for BMP implementation;
(2)
Environmental emergencies
as defined in WAC
				173-95A-020 and applied for in
				accordance with the provisions described in the published funding guidelines
				for the funding cycle in which the emergency occurs;
(3)
Facilities
for nonhardship
				wastewater and stormwa-ter:
(a)
Planning:
(i)
Comprehensive sewer planning,
including waste-water elements of
				capital facilities planning under the Growth Management Act;
(ii)
Planning
for water
				pollution control facilities; and
(iii)
Stormwater
planning for
				permitted facilities;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 2 - LOAN INTEREST RATES › Section 173-95A-200 - Centennial clean water program loan interest rates

Current through Register Vol. 24-14, July 15, 2024
Loan interest rates are determined by the provisions in WAC
				  173-98-400.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-200, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 3 - HOW TO APPLY FOR FUNDING › Section 173-95A-300 - Application for funding

Current through Register Vol. 24-14, July 15, 2024
(1) To
				apply for funding the applicant must submit a completed application to the
				department. The department will provide the application on the department web
				site.
(2) Minimum score on
				application.
(a) An applicant must receive a
				minimum score equal to fifty percent of the available points on the water
				quality and public health improvements form, of the water quality financial
				assistance application to be rated for the
Draft Offer and Applicant
				List
and
Final Offer and Applicant List
. The
				department may offer funding to applicants with fewer than fifty percent of the
				points available on the form if demand for funding is low.
(b) An applicant must receive a minimum score
				equal to sixty percent of the available points on the water quality financial
				assistance application to be eligible for funding consideration. The department
				may offer funding to applicants with fewer than sixty percent of the points
				available on the financial assistance application if demand for funding is
				low.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 3 - HOW TO APPLY FOR FUNDING › Section 173-95A-310 - The department's responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) A general funding cycle schedule is
				provided in Figure 1.
Click here to view
				  image
(2) In
				general, the department will provide the following services, although annual
				modifications may be made to accommodate legislative schedules and
				requirements:
(a) Make available the
				application and applicable guidelines before the associated funding cycle
				begins;
(b) Conduct at least one
				application workshop in each of ecology's four regions;
(c) Conduct preapplication workshops to
				discuss regional level priorities if applicable;
(d) After the application deadline, complete
				an initial review of project proposals for funding eligibility;
(e) Request other agencies to provide
				evaluation assistance as needed;
(f) Rate and rank the applications using a
				consistent scoring system;
(g)
				Develop a combined
Draft Offer and Applicant List
;
(h) Facilitate a public review and comment
				period for the combined
Draft Offer and Applicant
				List;
(i) Sponsor at least
				one public meeting to explain the combined
Draft Offer and Applicant
				List
;
(j) Develop a
				combined
Final Offer and Applicant List
. Public comments
				collected during the public review period will be incorporated;
(k) Issue funding decision letters to all
				applicants; and
(l) Negotiate,
				develop, and finalize loan or grant agreements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 3 - HOW TO APPLY FOR FUNDING › Section 173-95A-320 - Final offer and applicant list

Current through Register Vol. 24-14, July 15, 2024
Loan and grant offers identified on the
Final Offer
				  and Applicant List
will be effective for up to one year from the
				  publication date of the
Final Offer and Applicant List
. Loan
				  and grant offers that do not result in a signed agreement may be
				  ended.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-320, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-320, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 4 - FINANCIAL HARDSHIP ASSISTANCE › Section 173-95A-400 - Wastewater facilities construction

Current through Register Vol. 24-14, July 15, 2024
Financial hardship for wastewater facilities construction is
				  determined by the provisions in WAC
				  173-98-300.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-400, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-400, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 4 - FINANCIAL HARDSHIP ASSISTANCE › Section 173-95A-410 - On-site sewage system repair and replacement programs

Current through Register Vol. 24-14, July 15, 2024
Applicants may apply for grant funding in conjunction with a
				  water pollution control revolving fund loan to establish or continue programs
				  that provide hardship funding for on-site sewage system repair and replacement
				  for homeowners and small commercial enterprises. The ceiling amounts used for
				  activities grants, cited in WAC
				  173-95A-520, also
				  apply.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-410, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-410, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCESS › Section 173-95A-500 - Funding allocation

Current through Register Vol. 24-14, July 15, 2024
There are two project categories in which the competitive
				  funding is allocated: Activities and facilities.
(1) The scores derived from the application
				rating and ranking process will determine the allocation of the competitive
				funding;
(2) No more than
				two-thirds of the fund can go to either category;
(3) If the demand for funding is low in
				either category, then funds may be shifted amongst categories; and
(4) The department will adjust the funding
				allocation based on the following:
(a) To
				provide match for other funding sources, such as the Clean Water Act section
				319 nonpoint source program or other funding programs; or
(b) To comply with funding restrictions in
				legislative appropriations.
For example:
If fifty percent of the competitive centennial program
				  funding is comprised of state building construction account funds, then fifty
				  percent of the centennial program funding must be allocated to projects
				  approved for that funding source.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCESS › Section 173-95A-510 - Funding recognition

Current through Register Vol. 24-14, July 15, 2024
(1)
				The recipient must acknowledge department funding in reports, technical
				documents, publications, brochures, and other materials.
(2) Site-specific projects must acknowledge
				department funding by one of the following means:
(a) Standard signage (appropriately sized and
				weather resistant);
(b) Posters and
				wall signage in a public building or location;
(c) Newspaper or periodical advertisement for
				project construction, groundbreaking ceremony, or operation of the new or
				improved facility;
(d) Online
				signage placed on community web site or social media outlet; or
(e) Press release.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCESS › Section 173-95A-520 - Ceiling amounts

Current through Register Vol. 24-14, July 15, 2024
(1)
Activities projects.
Grants for activities projects made under the
				centennial program are subject to ceiling amounts of:
(a) Five hundred thousand dollars if the
				match for the grant is in the form of cash and/or interlocal costs;
				or
(b) Two hundred fifty thousand
				dollars if any part of the match is in the form of in-kind goods and services;
				and
(c) Five hundred thousand
				dollars for activities project loans.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCESS › Section 173-95A-530 - Match

Current through Register Vol. 24-14, July 15, 2024
(1) Depending on
				the grant amount, match can consist of cash or interlocal and in-kind
				contributions that total twenty-five percent of the total eligible project
				cost.
(2) No match is required for
				loans under the centennial program.
(3) No match is required for grants for
				wastewater facility hardship projects.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-530, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCESS › Section 173-95A-540 - Step process for facilities

Current through Register Vol. 24-14, July 15, 2024
Wastewater facility projects must follow the step process
				  provisions in WAC
				  173-98-530.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-540, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-540, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCESS › Section 173-95A-550 - Commercial, industrial, and institutional flows

Current through Register Vol. 24-14, July 15, 2024
(1) The portion of a project designed to
				serve the needs of commercial, industrial, and institutional customers may be
				funded using loans only.
(2)
				Capacity to serve local public primary and secondary schools may be grant
				eligible if the applicant can demonstrate financial hardship according to WAC
				173-98-300.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-550, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCESS › Section 173-95A-560 - Process for water pollution control activities

Current through Register Vol. 24-14, July 15, 2024
The following process is required for lake projects and
				  recommended for all water pollution control activities projects.
(1)
Planning
involves the
				identification of problems , evaluation of cost-effective alternatives in
				accordance with WAC
				173-98-730, and preparation of a
				planning document.
(2)
Implementation
is the actual implementation of the project based
				on the planning document.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-560, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCESS › Section 173-95A-580 - Approval of plans and specifications (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-580, filed 9/27/11, effective
					 10/28/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 6 - COMPLIANCE WITH OTHER LAWS, RULES, AND REQUIREMENTS › Section 173-95A-600 - General requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Recipients must fully comply with all applicable federal, state, and local laws
				and rules relating to topics such as procurement, discrimination, labor, job
				safety, drug-free environments, and minority and women owned
				businesses.
(2) Ongoing management
				of most aspects of loan projects is subject to the most recent edition of
Administrative Requirements for Recipients of Ecology Grants and
				Loans
(publication #91-18) or
Administrative Requirements for
				Recipients of Ecology Grants and Loans Managed in EAGL
(publication
				#14-01-002).
(3) Ongoing management
				of all aspects of loan projects is subject to the associated funding program
				guidelines.
(4) The applicant shall
				secure all necessary permits required by authorities having jurisdiction over
				the project. Copies must be available to the department upon request.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-600, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-600, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 6 - COMPLIANCE WITH OTHER LAWS, RULES, AND REQUIREMENTS › Section 173-95A-610 - The Growth Management Act

Current through Register Vol. 24-14, July 15, 2024
(1) A
				county, city, or town that has been offered a loan or grant for a water
				pollution control facilities project may not receive loan or grant funding
				while the county, city, or town is not in compliance with the Growth Management
				Act unless:
(a) Documentation showing that a
				public health need has been provided by the Washington state department of
				health; or documentation showing that a substantial environmental degradation
				exists has been provided by the department; and
(b) The county, city, or town has provided
				documentation to the department that actions or measures are being implemented
				to address the public health need or substantial environmental degradation;
				and
(c) The department has
				determined that the project is designed to address only the public health need
				or substantial environmental degradation described in the documentation, and
				does not address unrelated needs including, but not limited to, provisions for
				additional growth.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 7 - TIMELY USE OF CENTENNIAL PROGRAM FUNDS › Section 173-95A-700 - Starting a project

Current through Register Vol. 24-14, July 15, 2024
(1)
Project initiation.
Grant or loan funds must be spent in a timely
				fashion. The recipient must consistently meet the performance measures agreed
				to in the grant or loan agreement. These performance measures include, but are
				not limited to, the following:
(a) Work on a
				project must be started within ten months of the publication date of the
Final Offer and Applicant List
on which the project was
				proposed.
(b) Starting a project
				means making any measurable steps toward achieving the milestones, objectives,
				and overall goals of the project.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 7 - TIMELY USE OF CENTENNIAL PROGRAM FUNDS › Section 173-95A-710 - Finishing a project

Current through Register Vol. 24-14, July 15, 2024
Costs incurred after the project completion or expiration
				  dates are not eligible for reimbursement.
(1)
Project completion.
(a) Work on a project must be completed
				within five years of the publication date of the
Final Offer and
				Applicant List
on which the project was proposed. A shorter time
				period may be specified in the grant or loan agreement; and
(b) Completing a project means fulfilling all
				milestones and objectives associated with the goals of the grant or loan
				agreement.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 7 - TIMELY USE OF CENTENNIAL PROGRAM FUNDS › Section 173-95A-720 - Performance measures and postproject assessment

Current through Register Vol. 24-14, July 15, 2024
(1) The department may require a recipient to
				develop and implement a postproject assessment plan.
(2) A recipient may be required to
				participate in a postproject survey and interview regarding performance
				measures.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-720, filed 9/27/11, effective
					 10/28/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 8 - GENERAL ADMINISTRATIVE PROVISIONS › Section 173-95A-800 - Accounting requirements for grant and loan recipients

Current through Register Vol. 24-14, July 15, 2024
(1) Recipients must maintain accurate records
				and accounts for the project in accordance with Generally Accepted Accounting
				Principles (GAAP) as issued by the Governmental Accounting Standards Board
				(GASB), including standards related to the reporting of infrastructure assets,
				or in accordance with the state standards in
				RCW
				43.09.200 Local government accounting -
				Uniform system of accounting.
(2)
				Accounting irregularities may result in an immediate payment hold. The director
				may require immediate repayment of misused loan or grant funds.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-800, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 8 - GENERAL ADMINISTRATIVE PROVISIONS › Section 173-95A-810 - Appealing a department decision

Current through Register Vol. 24-14, July 15, 2024
If a dispute arises concerning eligibility decisions made by
				  the department within the context of a loan agreement, the decision may be
				  appealed. A lawsuit cannot be brought to superior court unless the aggrieved
				  party follows these procedures, which are intended to encourage the informal
				  resolution of disputes consistent with
				  RCW
				  34.05.060.
(1) First, the recipient may seek review of
				the financial assistance program's initial decision within thirty days of the
				decision by a written appeal to the water quality program manager. The program
				manager will consider the appeal information and may choose to discuss the
				matter by telephone or in person;
(2) The program manager will issue a written
				decision within thirty days from the time the appeal is received;
(3) If the recipient is not satisfied with
				the program manager's decision, the recipient may request review of the
				decision within thirty days to the deputy director;
(4) The deputy director will consider the
				appeal information, and may choose to discuss the matter by telephone or in
				person. The deputy director will issue a written decision within thirty days
				from the time the appeal is received, and that decision will be the final
				decision of the department;
(5) If
				the recipient is not satisfied with the deputy director's final decision, the
				recipient may appeal to the Thurston County superior court, pursuant to
				RCW
				34.05.570(4), which pertains
				to the review of "other agency action"; and
(6) Unless all parties to the appeal agree
				that a different time frame is appropriate, the parties shall attempt to bring
				the matter for a superior court determination within four months of the date in
				which the administrative record is filed with the court. This time frame is to
				ensure minimal disruptions to the program.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-810, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-810, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-95A - Uses and limitations of the centennial clean water program › Part 8 - GENERAL ADMINISTRATIVE PROVISIONS › Section 173-95A-820 - Audit requirements for grant and loan recipients

Current through Register Vol. 24-14, July 15, 2024
The department, or at the department's discretion another
				  authorized auditor, may audit the grant or loan agreement and
				  records.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-820, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Section 173-98-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth requirements for
				the Washington state department of ecology's (department) administration of
				Washington state's water pollution control revolving fund (revolving fund), and
				the water pollution control revolving administration account (administration
				account) as authorized by chapter 90.50A RCW, water pollution control
				facilities federal capitalization grants.
The revolving fund is primarily comprised of federal
				capitalization grants, state matching funds, and principal and interest
				repayments. It is used to provide loan assistance to public bodies for
				statewide, high-priority water quality projects that are consistent with the
				Clean Water Act, 33 U.S.C. 1251-1388.
The administration account is comprised of an administration
				charge applied to the outstanding loan balance on revolving fund loans. The
				administration account may be used for the following:
(1) Administration costs associated with
			 conducting application processes, managing contracts, collecting loan
			 repayments, managing the revolving fund, providing technical assistance, and
			 meeting state and federal reporting requirements; and
(2) Information and data system costs
			 associated with loan tracking and fund management.
At the point where the administration account adequately covers
				the program administration costs, the department may no longer use the federal
				administration allowance. If a federal capitalization grant is awarded after
				that point, all federal capitalization grant dollars must be used for making
				loans.
Statutory Authority: Chapter 90.50A RCW,
				  RCW
				  90.48.035, and
				  43.21A.080. 11-20-036 (Order
				  10-14), § 173-98-010, filed 9/27/11, effective 10/28/11. Statutory
				  Authority:
				  RCW
				  90.48.035. 07-14-096 (Order 05-16), §
				  173-98-010, filed 6/29/07, effective 7/30/07. Statutory Authority: RCW
				  43.21.080 and
				  chapters
				  34.05 and 90.50A RCW.
				  98-24-036 (Order 98-10), § 173-98-010, filed 11/24/98, effective 12/25/98.
				  Statutory Authority: Chapter 90.50A RCW. 89-18-019 (Order 89-34), §
				  173-98-010, filed 8/29/89, effective
				  9/29/89.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Section 173-98-020 - Integrated funding approach

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Where possible, the department combines the management of the revolving fund
			 with other funding programs, such as the centennial clean water program, the
			 stormwater financial assistance program, and the federal Clean Water Act
			 section 319 nonpoint source program.
(2) The integrated funding process includes a
			 combined funding cycle, program guidelines, funding offer and applicant list,
			 and statewide funding workshops.
Statutory Authority: Chapter 90.50A RCW,
				  RCW
				  90.48.035, and
				  43.21A.080. 11-20-036 (Order
				  10-14), § 173-98-020, filed 9/27/11, effective 10/28/11. Statutory
				  Authority:
				  RCW
				  90.48.035. 07-14-096 (Order 05-16), §
				  173-98-020, filed 6/29/07, effective 7/30/07. Statutory Authority: Chapter
				  90.50A RCW. 01-01-043 (Order 00-11), § 173-98-020, filed 12/8/00,
				  effective 1/8/01. Statutory Authority: RCW 43.21.080 and
				  chapters
				  34.05 and 90.50A RCW.
				  98-24-036 (Order 98-10), § 173-98-020, filed 11/24/98, effective 12/25/98.
				  Statutory Authority: Chapter 90.50A RCW. 89-18-019 (Order 89-34), §
				  173-98-020, filed 8/29/89, effective
				  9/29/89.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Section 173-98-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter:
(1)
Act
means the federal Clean
			 Water Act ( 33 U.S.C. 1251-1388 ).
(2)
Activities,
see water
			 pollution control activities.
(3)
Annual debt service
means the amount of debt the applicant is
			 obligated to pay on the loan in one year.
(4)
Applicant
means a public
			 body that has applied for funding.
(5)
Best management practices
(BMP) means physical, structural, and/or managerial practices approved by the
			 department that prevent or reduce pollutant discharges.
(6)
Capitalization grant
means a
			 federal grant awarded by the U.S. Environmental Protection Agency (EPA) to the
			 state to help expand the revolving fund.
(7)
Ceiling amount
means the
			 highest level of financial assistance the department can provide to a recipient
			 for an individual project.
(8)
Commercial, industrial, and institutional flows
mean the portion
			 of the total flows to a facility that originate from large commercial
			 establishments, industrial facilities, or institutional sources such as state
			 schools, hospitals, and prisons.
(9)
Competitive funding
means
			 funds available for projects through a statewide evaluation process.
(10)
Completion date
or
expiration date
means the date indicated in the funding agreement
			 in which all milestones and objectives associated with the goals of the project
			 are met.
(11)
Concentrated
			 animal feeding operation (CAFO)
means:
(a) An animal livestock feeding operation
			 that discharges animal waste to the waters of Washington state more frequently
			 than the twenty-five-year, twenty-four-hour storm event;
(b) An animal livestock feeding operation
			 that is under a department administrative order, notice of violation, or a
			 National Pollution Discharge Elimination System permit;
(c) An animal livestock feeding operation
			 that will be required to have a National Pollution Discharge Elimination System
			 permit coverage in the near future; or
(d) An animal livestock feeding operation
			 designated by the Environmental Protection Agency as polluting the waters of
			 Washington state.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Section 173-98-040 - Revolving fund uses

Current through Register Vol. 24-14, July 15, 2024
The revolving fund may be used for the following
				purposes:
(1) To provide loans to
			 finance the planning, design, and/or construction of water pollution control
			 facilities;
(2) To provide loans
			 for nonpoint source pollution control management projects that implement the
Washington's Water Quality Management Plan to Control Nonpoint Sources
			 of Pollution
, and for developing and implementing a conservation and
			 management plan under section 320 of the act;
(3)
To buy or refinance the debt obligations incurred by
				applicants after March 7, 1985, for the construction of water pollution control
				facilities;
(4) To
			 guarantee or buy insurance for local obligations to improve credit market
			 access or reduce interest rates;
(5) As a source of revenue or security for
			 the payment of principal and interest on revenue or general obligation bonds
			 issued by the state if the proceeds of those bonds will be deposited in the
			 revolving fund;
(6) To finance
			 administration costs incurred by the department as authorized by the act and
			 chapter 90.50A RCW; and
(7) To
			 provide loan subsidies in the form of reduced interest rates and forgivable
			 principal to public bodies for statewide, high-priority water quality projects
			 that are consistent with the Clean Water Act, 33 U.S.C. 1251-1388.
Statutory Authority: Chapter 90.50A RCW,
				  RCW
				  90.48.035, and
				  43.21A.080. 11-20-036 (Order
				  10-14), § 173-98-040, filed 9/27/11, effective 10/28/11. Statutory
				  Authority:
				  RCW
				  90.48.035. 07-14-096 (Order 05-16), §
				  173-98-040, filed 6/29/07, effective 7/30/07. Statutory Authority: Chapter
				  90.50A RCW. 01-01-043 (Order 00-11), § 173-98-040, filed 12/8/00,
				  effective 1/8/01. Statutory Authority: RCW 43.21.080 and
				  chapters
				  34.05 and 90.50A RCW.
				  98-24-036 (Order 98-10), § 173-98-040, filed 11/24/98, effective 12/25/98.
				  Statutory Authority: Chapter 90.50A RCW. 89-18-019 (Order 89-34), §
				  173-98-040, filed 8/29/89, effective
				  9/29/89.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 1 - ELIGIBLE PROJECT TYPE › Section 173-98-100 - Eligible

Current through Register Vol. 24-14, July 15, 2024
Certain projects or project elements may be eligible for
				  loan assistance including, but not limited to, the following:
(1)
Alternative public works
				contracting
for water pollution control facilities allowed under state
				statute including, but not limited to, design-build, design-build-operate, and
				general contractor/construction manager;
(2)
Aquatic plant control
when
				the water quality degradation is due to the presence of aquatic plants, and the
				source(s) of pollution is addressed sufficiently to ensure that the pollution
				is eliminated;
(3)
BMP
				implementation
on private property:
(a) Best management practices that consist of
				new, innovative, or alternative technology not yet demonstrated in the
				department's region in which it is proposed;
(b) Best management practices in the riparian
				buffer or zone, such as revegetation or fence construction and where a
				conservation easement or landowner agreement is granted by the landowner;
				and
(c) Other water quality best
				management practices that are evaluated and approved by the department on a
				case-by-case basis, and where a conservation easement or landowner agreement is
				granted by the landowner.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 1 - ELIGIBLE PROJECT TYPE › Section 173-98-130 - Green project reserves projects (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-130, filed 9/27/11, effective
					 10/28/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 2 - HOW TO APPLY FOR FUNDIN › Section 173-98-200 - Application for funding

Current through Register Vol. 24-14, July 15, 2024
(1) To
				apply for funding, the applicant must submit a completed application to the
				department. The department will provide the application on the department web
				site.
(2)
Minimum score on
				application.
(a) An applicant must
				receive a minimum score equal to fifty percent of the available points on the
				water quality and public health improvements form, of the water quality
				financial assistance application to be eligible for funding consideration. The
				department may offer funding to applicants with fewer than fifty percent of the
				points available on the form if demand for funding is low; and
(b) An applicant must also receive a minimum
				score equal to sixty percent of the available points on the entire water
				quality financial assistance application to be eligible for funding
				consideration. The department may offer funding to applicants with fewer than
				sixty percent of the points available on the financial assistance application
				if demand for funding is low.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 2 - HOW TO APPLY FOR FUNDIN › Section 173-98-210 - The department's responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) A general funding cycle schedule is
				provided in Figure 1.
Click
				  here to view image
(2) In general, the department will provide
				the following services, although modifications may be made to accommodate
				legislative schedules and requirements:
(a)
				Make available the application and applicable guidelines before the associated
				funding cycle begins;
(b) Conduct
				application workshops that are accessible statewide;
(c) Conduct preapplication workshops to
				discuss regional level priorities if applicable;
(d) Complete an initial review of project
				proposals for funding eligibility after the application deadline;
(e) Request other agencies to provide
				evaluation assistance as needed;
(f) Rate and rank the applications using a
				consistent scoring system;
(g)
				Develop a combined
Draft Offer and Applicant List
and a
Draft Intended Use Plan
(IUP);
(h) Facilitate a public review and comment
				period for the combined
Draft Offer and Applicant List
and
Draft IUP
;
(i)
				Sponsor at least one public meeting to explain the combined
Draft Offer
				List and Applicant List
and
Draft IUP
;
(j) Develop a combined
Final Offer
				and Applicant List
and a
Final IUP
. Public comments
				collected during the public review period will be incorporated;
(k) Issue funding decision letters to all
				applicants; and
(l) Negotiate,
				develop, and finalize loan agreements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 2 - HOW TO APPLY FOR FUNDIN › Section 173-98-220 - Final offer and applicant list

Current through Register Vol. 24-14, July 15, 2024
Loan offers identified on the
Final Offer and
				  Applicant List
will be effective for up to one year from the
				  publication date of the
Final Offer and Applicant List
. Loan
				  offers that do not result in a signed agreement or a letter of binding
				  commitment may be ended.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-220, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-220, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 2 - HOW TO APPLY FOR FUNDIN › Section 173-98-230 - Revolving fund intended use plan (IUP)

Current through Register Vol. 24-14, July 15, 2024
(1) As required by the EPA, the department
				issues a
Draft IUP and a Final IUP
for each funding
				cycle.
(2) The IUP contains a
				detailed report of how the department expects to allocate funds available in
				the current funding cycle.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-230, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-230, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 3 - FINANCIAL HARDSHIP ASSISTANC › Section 173-98-300 - Wastewater treatment facilities construction

Current through Register Vol. 24-14, July 15, 2024
(1) There are three primary factors
				considered in determining hardship funding for the construction portion of
				wastewater treatment facilities projects:
(a)
				Service area population;
(b)
				Existing residential need at the time of application; and
(c) Level of financial burden placed on the
				ratepayers.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 3 - FINANCIAL HARDSHIP ASSISTANC › Section 173-98-310 - On-site sewage system repair and replacement programs

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants may apply for a revolving fund
				loan to establish or continue programs that provide funding for on-site sewage
				repair and replacement for homeowners and small commercial
				enterprises.
(2)
Final loan
				blended interest rate.
The department may adjust the recipient's
				interest rates based on the proportion of loans that the recipient charged
				provided to homeowners in accordance with Table 2. Loans provided to small
				commercial enterprises do not affect the final loan blended interest
				rate.
Table 2
Interest Rate Schedule for Loans Targeted to
				  Homeowners
Homeowner income is:
Above eighty percent of county MHI
						  (nonhardship)
Above fifty but below eighty percent
						  of county MHI (moderate hardship)
Below fifty percent of county MHI
						  (severe hardship)
One to five years term:
Thirty percent of market rate
Fifteen percent of market rate
Zero percent
Six to twenty years term:
Sixty percent of market rate
Thirty percent of market rate
Fifteen percent of market rate
Twenty-one to thirty years
						  term:
Eighty percent of market rate
Forty percent of market rate
Twenty percent of market rate
(3) For the
				purposes of this section, small commercial enterprises are those with an
				average daily flow of less than three thousand five hundred gallons.
(4) The recipient must submit a final
				compilation of the local loans provided to homeowners throughout the duration
				of the project. The list will include information provided by the recipient
				regarding the number and final dollar amounts of loans funded in the following
				respective homeowner income levels:
(a) Above
				eighty percent of county MHI;
(b)
				Fifty to eighty percent of county MHI;
(c) Belowfifty percent of county
				MHI.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 3 - FINANCIAL HARDSHIP ASSISTANC › Section 173-98-320 - Forgivable principal

Current through Register Vol. 24-14, July 15, 2024
Forgivable principal. The department will use Table 3 to
				  determine the amount of forgivable principal loan funding provided to an
				  eligible hardship project. Financial hardship will be determined based on the
				  provisions in WAC
				  173-98-300 and the ceiling
				  amounts in WAC
				  173-98-520. In addition, in
				  accordance with the act, the department must consider unemployment for the
				  purposes of awarding forgivable principal loan for hardship.
Table 3
Forgivable Principal for Hardship
Sewer user fee divided by MHI
						  is:
Below two percent
						  (nonhardship)
Above two but below three percent
						  (moderate hardship)
Above three but below five percent
						  (elevated hardship)
Above five percent (severe
						  hardship)
Forgivable principal
						  eligibility:
Not eligible
Fifty percent up to ceiling amount
Seventy-five percent up to ceiling amount
One hundred percent up to ceiling amount
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-320, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-320, filed 6/29/07, effective
					 7/30/07.