18 AAC 76.030. Application process

(a) The department will review and approve an application for financial assistance from the Alaska clean water fund according to criteria set out in 18 AAC 76.005 - 18 AAC 76.100. To apply for financial assistance, an applicant shall submit

(1) a completed application on forms provided by the department;

(2) a resolution adopted by the applicant's governing body that authorizes the application and acceptance of the assistance;

(3) certification from the applicant's attorney that the applicant has the legal authority to incur the debt that will be created by the financial assistance sought;

(4) unless the department does not consider a project facility plan necessary in order to evaluate the project adequately, a project facility plan for a wastewater treatment facility, prepared and signed by a registered engineer, that demonstrates that

(A) for a project subject to 33 U.S.C. 1383(c)(1),

(i) the project will apply best practicable waste treatment technology as defined at 40 C.F.R. 35.2005(b)(7), as amended through June 25, 1997;

(ii) more than one technology was considered in selecting the project design concept;

(iii) opportunities to construct revenue-producing facilities and to make more efficient uses of energy and resources were considered;

(iv) any related wastewater collection system is not subject to excessive infiltration or inflow;

(v) innovative and alternative treatment technologies were evaluated;

(vi) potential recreational and open space opportunities were analyzed;

(vii) the selected treatment project is the most cost-effective, feasible alternative studied; and

(viii) the proposed project will not have a significant negative environmental impact, as determined by the department, using criteria and standards set out in 18 AAC 76.040; or

(B) for a project that is not subject to 33 U.S.C. 1383(c)(1),

(i) the selected treatment project is the most cost-effective, feasible alternative studied; and

(ii) the proposed project will not have a significant negative environmental impact, using criteria and standards set out in 18 AAC 76.040;

(5) documentation of the availability of, and the commitment to use, one or more dedicated sources of revenue for repayment of the financial assistance;

(6) certification that a separate account within the applicant's accounting system has been established through which financial assistance received from the Alaska clean water fund will be administered;

(7) a value-engineering study if total building costs will exceed $10 million, unless the department waives this requirement;

(8) a financial capability assessment for the proposed project, on a form provided by the department, that demonstrates the applicant's ability to repay the financial assistance as required in 18 AAC 76.050 and to operate and maintain the facility;

(9) plans and specifications for the project, prepared and signed by a registered engineer, with a summary of design criteria;

(10) any other information that the applicant believes will help demonstrate eligibility for financial assistance; and

(11) any other information requested by the department.

(b) An applicant may apply for financial assistance for preconstruction activities by submitting the information required under (a)(1), (2), (5), (6), (10), and (11) of this section.

(1) the project is on the department's priority list to receive funding during the fiscal year in which the financial assistance is requested;

(2) money is available for the project;

(3) the project is eligible for financial assistance from the Alaska clean water fund;

(4) the applicant has demonstrated to the department's satisfaction its ability to repay the financial assistance;

(5) the applicant has submitted, and the department has accepted, the information required under this section; and

(6) the applicant has met the applicable requirements of 18 AAC 76.040.

History: Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 12/29/2000, Register 156

Authority: AS 46.03.020

AS 46.03.032

AS 46.03.090

AS 46.03.720

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