Section 173-95A-120. Projects ineligible for centennial program funding.

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) Acts of nature that alter the natural environment, thereby causing water quality problems;

(3) Commercial, institutional or industrial wastewater pretreatment;

(4) 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;

(5) Cost-plus-a-percentage-of-cost contracts (also known as multiplier contracts), time and materials contracts, and percent-of-construction contracts in facilities projects;

(6) Facilities intended solely to control, transport, treat, dispose, or otherwise manage commercial, institutional, or industrial wastewater;

(7) Fines and penalties due to violations of or failure to comply with federal, state, or local laws;

(8) Flood control, projects or project elements intended solely for flood control;

(9) Funding application preparation for loans or grants;

(10) Interest on bonds, interim financing, and associated costs to finance projects;

(11) Landscaping for aesthetic reasons;

(12) Legal expenses associated with claims and litigation;

(13) Lobbying or expenses associated with lobbying;

(14) Monitoring equipment for sampling and analysis of commercial, institutional, or industrial discharges;

(15) Office furniture not included in the recipient's indirect rate;

(16) Operating expenses of local government, such as the salaries and expenses of a mayor, city councilmember, and city attorney;

(17) Operation and maintenance costs;

(18) Overtime differential paid to employees of a public body to complete administrative or force account work;

(19) Permit fees;

(20) Professional dues;

(21) Reclamation of abandoned mines;

(22) Refinance of existing debt;

(23) Rework costs or previously funded objectives;

(24) Solid or hazardous waste;

(25) Utility local improvement district formation;

(26) Vehicle purchase, except for vehicles intended for the transportation of liquid or dewatered sludge or septage; and

(27) Water quantity or other water resource projects that solely address water quantity issues.

[Statutory Authority: Chapter 90.50A RCW, RCW 90.48.035, and 43.21A.080. WSR 11-20-036 (Order 10-14), § 173-95A-120, filed 9/27/11, effective 10/28/11. Statutory Authority: RCW 90.48.035. WSR 07-14-096 (Order 05-16), § 173-95A-120, filed 6/29/07, effective 7/30/07.]

Chapter 90.50A RCW, RCW 90.48.035, and 43.21A.080. WSR 11-20-036 (Order 10-14), § 173-95A-120, filed 9/27/11, effective 10/28/11. Statutory Authority: RCW 90.48.035. WSR 07-14-096 (Order 05-16), § 173-95A-120, filed 6/29/07, effective 7/30/07.