Section 173-98-100. Eligible.

Certain projects or project elements may be eligible for loan assistance including, but not limited to, the following:

(1) Aquatic plant control when the water quality degradation is due to the presence of aquatic plants, and the source(s) of pollution is addressed sufficiently to ensure that the pollution is eliminated;

(2) BMP implementation on private property:

(a) Best management practices that consist of new, innovative, or alternative technology not yet demonstrated in the department's region in which it is proposed;

(b) Best management practices in the riparian buffer or zone, such as revegetation or fence construction and where a conservation easement or landowner agreement is granted by the landowner; and

(c) Other water quality best management practices that are evaluated and approved by the department on a case-by-case basis, and where a conservation easement or landowner agreement is granted by the landowner.

(3) BMP implementation on public property;

(4) Capacity for growth. Loans for up to twenty years capacity for water pollution control facilities. Capacity in excess of the twenty year design capacity are not eligible;

(5) Computer equipment and software specific to the funded project and preapproved by the department;

(6) Confined animal feeding operations (CAFO) water pollution control projects located in federally designated national estuaries;

(7) Conservation planning;

(8) Design-build or design-build-operate (alternative contracting/service agreements) for water pollution control facilities and other alternative public works contracting procedures;

(9) Diagnostic studies to assess current water quality;

(10) Education and outreach efforts for the public;

(11) Environmental checklists, assessments, and impact statements necessary to satisfy requirements for the SEPA, the NEPA, and the SERP;

(12) Equipment and tools as identified in a loan agreement;

(13) Facilities for the control, storage, treatment, conveyance, disposal, or recycling of domestic wastewater and stormwater for residential, and/or a combination of residential, commercial, institutional and industrial:

(a) Planning:

(i) Comprehensive sewer planning, including wastewater elements of capital facilities planning under the Growth Management Act;

(ii) Stormwater planning;

(iii) Facilities planning for water pollution control facilities;

(b) Design preparation of plans and specifications for water pollution control facilities;

(c) Construction of:

(i) Facilities for the control, storage, treatment, conveyance, disposal, or recycling of domestic wastewater and stormwater;

(ii) Combined sewer overflow abatement;

(iii) Facilities to meet existing needs plus twenty years for growth;

(iv) Side sewers or individual pump stations or other appurtenances on private residential property if solving a nonpoint source pollution problem, such as failing on-site sewage systems;

(v) Side sewers existing on public property or private property (with an easement) to correct infiltration and inflow and replace existing water pollution control facilities; and

(vi) New sewer systems to eliminate failing or failed on-site sewage systems;

(d) Value engineering for water pollution control facilities;

(e) Design or construction costs associated with design-build or design-build-operate contracts.

(14) Green project reserves projects such as water efficiency, energy efficiency, green infrastructure, and environmentally innovative projects or project elements as outlined in WAC 173-98-125, and as defined by EPA guidance.

(15) Groundwater protection activities such as wellhead protection and critical aquifer recharge area protection;

(16) Hardship assistance for preconstruction projects, wastewater treatment facilities construction, and on-site sewage system repair and replacement;

(17) Indirect costs as defined in the most recently updated edition of Administrative Requirements for Ecology Grants and Loans (publication #91-18);

(18) Lake implementation and associated planning activities on lakes with public access;

(19) Land acquisition:

(a) As an integral part of the treatment process (e.g., land application); or

(b) For wetland habitat preservation;

(20) Landscaping for erosion control directly related to a project, or site-specific landscaping to mitigate site conditions and comply with requirements in the SERP;

(21) Legal expenses will be determined on a case-by-case basis, such as development of local ordinances, use of a bond counsel, review of technical documents;

(22) Light refreshments for meetings when preapproved by the department;

(23) Mitigation, determined on a case-by-case basis, that addresses water quality impacts directly related to the project;

(24) Monitoring BMP effectiveness;

(25) Monitoring equipment used for water quality assessment;

(26) Monitoring water quality;

(27) Model ordinances development and dissemination of model ordinances to prevent or reduce pollution from nonpoint sources;

(28) On-site sewage systems:

(a) On-site sewage system repair and replacement for residential and small commercial systems;

(b) On-site sewage system surveys;

(c) Local loan fund program development and implementation;

(29) Planning, including comprehensive basin plans, watershed plans, and area-wide water quality plans;

(30) Refinancing of water pollution control facility debt;

(31) Riparian and wetlands habitat restoration and enhancement, including revegetation;

(32) Sales tax;

(33) Spare parts, an initial set of spare parts for equipment that is critical for a facility to operate in compliance with discharge permit requirements;

(34) Stream restoration projects;

(35) Total maximum daily load study development and implementation;

(36) Training to develop specific skills that are necessary to directly satisfy the funding agreement scope of work. Training, conference registration or annual meeting fees must be preapproved by the department;

(37) Transferring ownership of a small wastewater system to a public body;

(38) Wastewater or stormwater utility development;

(39) Wastewater or stormwater utility rate or development impact fee studies;

(40) Water quality education and stewardship programs.

[Statutory Authority: Chapter 90.50A RCW, RCW 90.48.035, and 43.21A.080. WSR 11-20-036 (Order 10-14), § 173-98-100, filed 9/27/11, effective 10/28/11. Statutory Authority: RCW 90.48.035. WSR 07-14-096 (Order 05-16), § 173-98-100, filed 6/29/07, effective 7/30/07. Statutory Authority: RCW 43.21.080 and chapters 34.05 and 90.50A RCW. WSR 98-24-036 (Order 98-10), § 173-98-100, filed 11/24/98, effective 12/25/98. Statutory Authority: Chapter 90.50A RCW. WSR 89-18-019 (Order 89-34), § 173-98-100, filed 8/29/89, effective 9/29/89.]

Chapter 90.50A RCW, RCW 90.48.035, and 43.21A.080. WSR 11-20-036 (Order 10-14), § 173-98-100, filed 9/27/11, effective 10/28/11. Statutory Authority: RCW 90.48.035. WSR 07-14-096 (Order 05-16), § 173-98-100, filed 6/29/07, effective 7/30/07. Statutory Authority: RCW 43.21.080 and chapters 34.05 and 90.50A RCW. WSR 98-24-036 (Order 98-10), § 173-98-100, filed 11/24/98, effective 12/25/98. Statutory Authority: Chapter 90.50A RCW. WSR 89-18-019 (Order 89-34), § 173-98-100, filed 8/29/89, effective 9/29/89.

Rules

173-98-125,