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-120 - Projects ineligible for centennial program funding

Current through Register Vol. 24-14, July 15, 2024
While it is impossible to list every project or project
				  element that is not eligible, some examples of ineligible projects
				  include:
(1)
Abandonment
or demolition of existing structures;
(2)
Commercial, institutional
or
industrial
wastewater pretreatment;
(3)
Compensation
or damages for
				any claim or injury of any kind arising out of the project, including any
				personal injury, damage to any kind of real or personal property, or any kind
				of contractual damages, whether direct, indirect, or consequential;
(4)
Cost-plus-a-percentage-of-cost
				contracts
(also known as multiplier contracts), time and materials
				contracts, and percent-of-construction contracts in facilities projects a
				negotiated fee in general contractor/construction manager contracts is not a
				cost-plus-a-percentage-of-cost contract);
(5)
Facilities
intended solely
				to control, transport, treat, dispose, or otherwise manage commercial,
				institutional, or industrial wastewater;
(6)
Fines and penalties
due to
				violations of or failure to comply with federal, state, or local
				laws;
(7)
Flood
				control,
projects or project elements intended solely for flood
				control;
(8)
Funding
				application preparation
for loans or grants;
(9)
Interest
on bonds, interim
				financing, and associated costs to finance projects;
(10)
Landscaping
for aesthetic
				reasons;
(11)
Legal
				expenses
associated with claims and litigation;
(12)
Lobbying
or expenses
				associated with lobbying;
(13)
Monitoring equipment
for sampling and analysis of commercial,
				institutional, or industrial discharges;
(14)
Office furniture
not
				included in the recipient's indirect rate;
(15)
Operating expenses
of local
				government, such as the salaries and expenses of a mayor, city coun-cilmember,
				and city attorney;
(16)
Operation and maintenance
costs for work not performed by contract
				and that is performed on a regularly scheduled basis (e.g., daily, weekly,
				monthly, seasonally, semiannually, but not less frequently than once per year),
				to service, check, or replace items that are not broken; or work not performed
				by contract that is not regularly scheduled but is required to maintain the
				asset so that repair does not become necessary;
(17)
Overtime
differential paid
				to employees of a public body to complete administrative or force account
				work;
(18)
Permit fees
not directly required for the completion of the project;
(19)
Professional
				dues;
(20)
Reclamation
of abandoned mines;
(21)
Refinance
of existing
				debt;
(22)
Rework
				costs
or previously funded objectives;
(23)
Solid or hazardous
				waste;
(24)
Utility
				local improvement district
formation;
(25)
Vehicle purchase,
except
				for vehicles intended for the transportation of liquid or dewatered sludge or
				septage; and
(26)
Water
				quantity
or other water resource projects that solely address water
				quantity issues such as reservoirs and dams.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-95A-120, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-95A-120, filed 6/29/07, effective
					 7/30/07.