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 44-1-5 - Step III projects - state grants

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Eligibility
				for participation in program.
5.1.1.
				Governmental agencies eligible for participation in program. -- All municipal
				corporations, counties and other public bodies or any combination thereof
				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.
5.1.2. 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.
5.1.3. 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 to make a grant of seventy-five percent (75%)
				of the Title II federal participation costs of the project 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 provision for the repayment of any loans and
				service charges owed to the Authority by the applicant as provided in Section
				5.3.1 of these rules;
(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 5.6.1 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 requirements as are appropriate have been approved
				by all legally required agencies.
5.1.4. Eligibility for participation in program
				if project should be combined with another project. -- If the Authority
				determines that a project for which application is made should be combined with
				another project or should serve governmental agencies not included as the
				applicant, the Authority may delay the date upon which the project's priority is
				established in relation to other projects for which applications are received
				until such date as the project is expanded to include the additional project or
				projects or governmental agency or agencies.