Municipal Pollution Control Priority System

Friday, August 1, 2014
The purposes of these rules are: (1) to obtain and maintain state water quality standards; (2) to make efficient use of scarce public funds by providing financial assistance, with limited exceptions, only to Publicly Owned Treatment Works (POTW) and Municipally Sponsored Privately-Owned Wastewater System (MSPOWS) projects that: abate existing public Page 2 health and/or environmental problems, and serve locally designated centers, unless there are health and/or environmental problems outside of growth centers and; (3) to assure there are appropriate controls on the use of the Agency of Natural Resources (ANR) funded treatment facilities in order to: minimize polluted runoff from unplanned land development, the state’s fastest growing source of water contaminants; and to prevent scattered development and its negative impacts on surface and ground waters, wetlands, air quality, wildlife habitats, natural areas, threatened and endangered species, and land use patterns within the host and adjacent communities. This rule establishes the priority system to be used by the ANR Department of Environmental Conservation (the Department) for awarding grants and loans from federal and state funds for POTW and MSPOWS projects. These rules set forth a two-tier system for determining a project’s eligibility for receipt of a grant or loan from the Department. To be eligible for a POTW or a MSPOWS project grant or loan from the Agency for the final design or construction of a new wastewater treatment facility, an increase in the treatment capacity of an existing wastewater treatment facility, and/or a sewer line extension the applicant must demonstrate that the project is designed to serve only a locally designated center, unless there are significant health and environmental problems located outside of a growth center. If a sewer line serving a growth center must be located partially outside of a designated center in order to abate an existing pollution problem or to connect a treatment plant with a growth center or to connect one or more growth centers, the municipality must demonstrate that the impacts of growth resulting from the infrastructure can be adequately managed, and will not contribute to scattered development. After an applicant has met this initial test, the rules set out a pollution-based priority system to determine the order in which POTW of MSPOWS projects will be awarded grant or loan funds.
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