Title 18 . Environmental Conservation

Chapter 76 . Administrative Enforcement

Section 10. Eligibility

18 AAC 76.010. Eligibility

(a) A municipality or other qualified entity under AS 46.03.032 may apply to the department for financial assistance from the Alaska clean water fund for a project described in AS 46.03.032 .

(b) Repealed 8/2/97.

(c) Project costs eligible for refinancing from the Alaska clean water fund are

(1) eligible costs listed in (d) of this section, incurred after March 7, 1985, for a project that began construction after March 7, 1985 and that was not partially financed with a construction grant from the U.S. Environmental Protection Agency (EPA); and

(2) any portion of a project that was determined to be ineligible for grant funding under 33 U.S.C. 1281 - 33 U.S.C. 1299 (Title II, Clean Water Act).

(d) A municipality or other qualified entity may spend money received from the Alaska clean water fund for

(1) investigations or studies necessary to complete a facility plan, or plans and specifications, required by 18 AAC 76.005 - 18 AAC 76.100;

(2) surveys, designs, plans, working drawings, and specifications;

(3) demolition costs, and costs to construct, alter, remodel, improve, or extend a facility;

(4) machinery, furnishings, and equipment;

(5) laboratory testing related to construction and design;

(6) costs to administer, inspect, and supervise the project;

(7) the eligible portion of change orders approved by the department;

(8) the purchase of vehicles used for operation of the facility, as approved by the department;

(9) insurance required by the financial assistance agreement;

(10) computer systems dedicated to facility use;

(11) reasonable landscaping costs; and

(12) land acquisition for that portion of the facility used

(A) to dispose of treated sewage or solid waste; or

(B) as an integral part of the treatment process.

(e) Force account labor and equipment charge rates may be paid from financial assistance received from the Alaska clean water fund if they are included in the financial assistance agreement and if they are approved by the department. A change in force account charge rates must be submitted to the department for approval. To be approved, labor rates must be provided to the department in a form that documents basic pay, benefits, leave, and holiday rates.

(f) The department will, in its discretion, apply a portion of a capitalization grant received under 33 U.S.C. 1381 - 33 U.S.C. 1387 (Title IV, Clean Water Act) to cover the reasonable costs of administering the Alaska clean water fund and to provide technical assistance to an eligible municipality or other qualified entity.

History: Eff. 11/19/88, Register 108; am 8/2/97, Register 143

Authority: AS 46.03.020

AS 46.03.032