§342D-54 Wastewater treatment works; financial assistance; grants. (a) The director may make grants to any county or state agency for the construction of necessary wastewater treatment works and for other projects intended for recycled water or waste management by other than conventional means to prevent or to control the discharge of untreated or inadequately treated sewage or other waste into any state waters.
(b) No grant shall be made for any project unless:
(1) The project conforms with the state water pollution control plan;
(2) The project is certified by the director as being entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs;
(3) In the case of wastewater treatment works, the application for the grant contains the following:
(A) Reasonable assurances that the applicant will provide for the proper and efficient operation and maintenance of the wastewater treatment works after its construction; and
(B) Reasonable assurances by the applicant that an impact fee structure will be instituted to ensure that new developments pay their appropriate share of the costs of the wastewater treatment works, as determined by the counties;
(4) The county or state agency receiving these state funds requires the installation of the low flow water fixtures and devices for faucets, hose bibbs, showerheads, urinals, and toilets in all new construction projects, and the fixtures and devices shall be approved by the International Association of Plumbing and Mechanical Officials and shall comply with applicable American National Standards Institute standards and other standards as may be required by the respective county for all new residential and public buildings; and
(5) The department, where appropriate, determines that the county receiving these funds has taken specific steps to reduce polluted runoff into state waters through educational and regulatory programs.
(c) If federal grant funds are available, the applicant shall be required to pay sixty per cent of the nonfederal share of the estimated reasonable cost of the approved wastewater treatment works as defined by Title 33 United States Code section 1251 et seq. If federal grant funds are not available, the director may make grants up to one hundred per cent of the estimated cost of the project.
(d) Nothing in this section shall restrict the director's authority to make grants to wastewater treatment works or projects granted waivers under Title 33 United States Code section 1311(h).
(e) No moneys used or available for financing under part V shall be used for grants under this section.
(f) No later than twenty days prior to the convening of each regular session of the legislature, the director shall submit to the legislature a financial report addressing the status of each grant made during the last completed fiscal year. [L 1989, c 212, pt of §2; am L 1991, c 262, §1; am L 1996, c 81, §1; am L 1997, c 221, §2; am L 2001, c 269, §3]
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