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 173-98-110 - Ineligible

Current through Register Vol. 24-14, July 15, 2024
Certain projects or project elements are not eligible for
				  loan assistance including, but not limited to, the following:
(1)
Abandonment
or demolition of
				existing structures not interfering with proposed construction of a wastewater
				or stormwater treatment facility;
(2)
Aquatic plant control
for
				aesthetic reasons, navigational improvements, or other purposes unrelated to
				water quality;
(3)
Bond
				costs
for debt issuance;
(4)
Bonus or acceleration payments
to contractors to meet contractual
				completion dates for construction;
(5)
Commercial, institutional
or
industrial
wastewater pollution control facilities or portions of
				those facilities that are solely intended to control, transport, treat,
				dispose, or otherwise manage commercial, institutional, or industrial
				wastewater;
(6)
Commercial,
				institutional
or
industrial
monitoring equipment for
				sampling and analysis of discharges from municipal water pollution control
				facilities;
(7)
Commercial,
				institutional
or
industrial
wastewater
				pretreatment;
(8)
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;
(9)
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);
(10)
Fines and penalties
due to
				violations of or failure to comply with federal, state, or local
				laws;
(11)
Flood
				control
projects or project elements intended solely for flood
				control;
(12)
Funding
				application preparation
for loans or grants;
(13)
Interest
on bonds, interim
				financing, and associated costs to finance projects;
(14)
Landscaping
for aesthetic
				reasons;
(15)
Legal
				expenses
associated with claims and litigation;
(16)
Lobbying
or expenses
				associated with lobbying;
(17)
Mitigation
is not eligible unless it addresses water quality
				impacts directly related to the project, and will be determined on a
				case-by-case basis;
(18)
Office furniture
not included in the recipient's indirect
				rate;
(19)
Operating
				expenses
of local government, such as the salaries and expenses of a
				mayor, city councilmember, and city attorney;
(20)
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;
(21)
Overtime
differential paid to employees of public body to complete
				administrative or force account work;
(22)
Permit fees
not directly
				required for the completion of a project;
(23)
Personal injury
				compensation
or damages arising out of the project, whether determined
				by adjudication, arbitration, negotiation, or other means;
(24)
Professional
				dues;
(25)
Reclamation
of abandoned mines;
(26)
Refinancing
of existing
				debt not related to a water pollution control facility;
(27)
Solid or hazardous waste
				cleanup;
(28)
Utility
				local improvement district
(ULID) formation;
(29)
Vehicle purchase,
except
				for vehicles intended for the transportation of liquid, dewatered sludge,
				septage, or special purpose vehicles as approved by the department;
				and
(30)
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), § 173-98-110, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-110, filed 6/29/07, effective 7/30/07. Statutory Authority: Chapter
					 90.50A RCW. 01-01-043 (Order 00-11), § 173-98-110, 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), § 173-98-110, filed 11/24/98, effective 12/25/98.
					 Statutory Authority: Chapter 90.50A RCW. 89-18-019 (Order 89-34), §
					 173-98-110, filed 8/29/89, effective
					 9/29/89.