| (a) Projects in an IUP will be rated based upon the
information, and any supporting documentation, submitted by the Applicant
on the project information form.
(b) Rating criteria. For projects authorized under
33 U.S.C. §1383(c)(1) (§212 projects) involving the construction
or improvements to publicly owned treatment works the following factors
will be considered:
(1) Impacts to water quality--Projects that protect
stream segments and groundwater from pollution.
(2) Unserved areas--Projects that will bring individual
systems into a centralized system or projects that address on-site
systems.
(3) Regionalization of treatment works--Projects that
will consolidate and eliminate systems.
(4) Reduction or prevention--Projects that will reduce
or prevent sewer system overflows and inflow and infiltration.
(5) Eligibility as a Disadvantaged Community--Projects
located in disadvantaged communities, as defined in Subchapter A of
this chapter.
(6) Enforcement action--Corrective actions imposed
by judicial authority or the Commission.
(7) Innovative or alternative technology or approaches--Projects
that involve innovative or alternative technology or approaches, such
as providing for the reclaiming and reuse of water, otherwise eliminate
the discharge of pollutants, and utilize recycling techniques, land
treatment, new or improved methods of waste treatment management for
municipal and industrial waste (discharged into municipal systems)
and the confined disposal of pollutants, so that pollutants will not
migrate to cause water or other environmental pollution.
(8) Effective Management--Whether an entity has adopted
or plans to prepare an Asset Management Plan and provide training
to the Applicant's governing body and employees, whether the project
addresses water conservation and energy efficiency, and whether the
project implements a state or regional water plan.
(9) Reduction in Demand--Whether a majority of the
funds being requested from the CWSRF for the project will be used
to implement measures to reduce the demand for publicly owned treatment
works capacity through water conservation, efficiency, or reuse.
(10) Non-profits--If the Applicant is a qualified nonprofit
entity that has federal tax-exempt status, whether a majority of the
funds being requested from the CWSRF for the project will be used
to implement assistance to owners and operators of small and medium
publicly owned treatment works to either:
(A) plan, develop, and obtain financing for eligible
CWSRF projects, including planning, design, and associated preconstruction
activities; or
(B) assist such treatment works in achieving compliance
with the Act.
(11) Additional factors as designated within the applicable
IUP.
(c) Previously funded projects. Planning, acquisition,
or design projects, completed within three years from the closing
of the financial assistance will receive a priority for construction
phase funding if there are no significant changes that affect the
original project rating and the project is ready to proceed.
(d) For projects authorized under 33 U.S.C. §1383(c)(2)
(§319 projects) involving nonpoint source and projects authorized
under 33 U.S.C. §1383(c)(3) (§320 projects) involving estuary
management, the following factors will be considered:
(1) Public health--Ability to improve conditions that
a public health official has determined are a nuisance and are dangerous
to public health and safety and that may result from water supply
and sanitation problems in the area to be served by the proposed project.
(2) Groundwater--Minimization of impact of pollutants
to an aquifer or groundwater.
(3) Impaired water body--Ability to improve conditions
in any water body that does not meet applicable water quality standards
or is threatened for one or more designated uses by one or more pollutants.
(4) Eligibility as a Disadvantaged Community--Projects
located in disadvantaged communities, as defined in Subchapter A of
this chapter.
(5) Additional factors as designated within the applicable
IUP.
(e) For all projects authorized under 33 U.S.C. §1383(c)
that are made eligible in the Intended Use Plan:
(1) Whether a majority of the funds being requested
from the CWSRF for the project will be used to implement innovative
approaches to manage, reduce, treat, or recapture stormwater or subsurface
drainage water.
(2) Whether a majority of the funds being requested
from the CWSRF for the project will be used to implement reuse or
recycling wastewater, stormwater, or subsurface drainage water.
(f) Emergency relief. Projects that are affected by
disasters and according to the following requirements:
(1) The Applicant must demonstrate that a need for
emergency relief from an imminent threat to public health, safety,
environment, or welfare exists. The Applicant must describe the nature
of the threat and provide a complete description of the proposed emergency
relief project.
(2) The Board may authorize funding for the emergency
relief project that meets the requirements of this title or as described
in an IUP
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| Source Note: The provisions of this §375.31 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869 |
